HomeMy WebLinkAbout2022.0503.TCRM.Agenda.Packet
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Alan Magazine
Councilmember Peggy McMahon
Councilmember Mike Scharnow
Councilmember David Spelich
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, MAY 3, 2022
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.
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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.
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: Declaring May 9 - 13, 2022, as Economic Development Week.
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Update regarding Independence Day activities.
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the
Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii)
ask that the matter be placed on a future Council agenda.
7.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes
to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent
Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item
was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on
the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of
April 5, 2022; the Regular Meeting of April 5, 2022; and the Special Meeting of April 12, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-22 approving the
Public Art Master Plan Revisions.
Town Council Regular Meeting of May 3, 2022 2 of 4
C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-23 Decommissioning and
Removing Town-Owned Artwork " Man in the Moon" from Public Display in Fountain Park.
D.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the Special
Revenue Fund, Tourism Fund, and Capital Project Fund.
8.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2022-18 of the Mayor and
Council of the Town of Fountain Hills, Arizona, setting forth the Tentative Budget and
establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year
beginning July 1, 2022, and ending June 30, 2023.
B.CONSIDERATION AND POSSIBLE ACTION: Ordinance 22-01, amending Chapters 1, 5, 10, and
11 of the Zoning Ordinance to provide the definition of family and community residence, the
regulations for community residences, and provide the zoning districts where community
residences are permitted.
C.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-11 approving an
intergovernmental agreement with Maricopa County Animal Care and Control.
D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-014 approving Amendment One
to the Intergovernmental Agreement with the Flood Control District of Maricopa County for
the Golden Eagle Park Dam-Debris Mitigation Improvement Project.
E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement
2022-071 with Shums Coda for 3rd party plan review and inspection services for Phases II and
III of Park Place.
F.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of
Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or
pending before the State Legislature.
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
Town Council Regular Meeting of May 3, 2022 3 of 4
Town Council Regular Meeting of May 3, 2022 4 of 4
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.
Dat this O�(� day of 1.\ ,2022.
Elizabeth A. lein, MMC,Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)or
1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available for
review in the Clerk's Office.
ITEM 4. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Reports Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council
Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager,
Mayor/Council
Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Declaring May
9 - 13, 2022, as Economic Development Week.
Staff Summary (Background)
Mayor Dickey will be proclaiming May 9 - 13, 2022, as Economic Development Week.
Attachments
Proclamation - Economic Development Week 2022
Form Review
Inbox Reviewed By Date
Finance Director David Pock 03/24/2022 07:39 AM
Town Attorney Aaron D. Arnson 03/24/2022 08:25 AM
Town Manager Grady E. Miller 03/25/2022 09:35 AM
Form Started By: Angela Padgett-Espiritu Started On: 03/23/2022 11:11 AM
Final Approval Date: 03/25/2022
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of the minutes of the Special Meeting of April 5, 2022; the Regular
Meeting of April 5, 2022; and the Special Meeting of April 12, 2022.
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 April 5, 2022; the Regular Meeting
of April 5, 2022; and the Special Meeting of April 12, 2022.
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of April 5, 2022; the Regular Meeting of April 5,
2022; and the Special Meeting of April 12, 2022.
Attachments
2022.0405.TCSMES.Minutes
2022.0405.TCRM.Minutes
2022.0412.TCSMES.Minutes
Form Review
Form Started By: Elizabeth A. Klein Started On: 04/25/2022 09:55 AM
Final Approval Date: 04/25/2022
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 5, 2022
1.CALL TO ORDER – Mayor Dickey
Mayor Dickey called the Special Meeting of April 5, 2022, to order at 4:00 p.m.
2.ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David
Spelich; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Councilmember Alan Magazine
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Klein
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Mike Scharnow to
recess into Executive Session.
Vote: 7 - 0 Passed - Unanimously
4.EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 4:00 p.m.
A.Discussion or consultation for legal advice with the attorney or attorneys of the public body,
pursuant to A.R.S. Section 38-431.03(A)(3).
i.Sober Living Home Ordinance
ii.Dark Sky Discovery Center
5.ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 5:45 p.m., at which time the
Special Meeting of April 5, 2022, adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of April 5, 2022 2 of 2
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 5, 2022
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held April 5,
2022, to order at 5:52 p.m. and led the Town 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; Councilmember Mike Scharnow; Councilmember David
Spelich; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Councilmember Alan Magazine
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Klein
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Councilmember McMahon reported that she attended the Grand Opening of the River of
Time Museum. She volunteered at the Dark Sky Festival at Fountain Hills Day. She
attended the Music Fest which was fun, and also attended the concert of the Fountain
Hills Choir. Attended the MAG Economic Development Committee meeting today and
there are a lot of new things that will be happening at the airport this June.
She said that she wanted to remind everyone of the upcoming Fountain Hills Cares
event this month, which will be on April 21, 2022, at 6:30 p.m. with an educational
session on Alzheimer and how we think about dementia.
Vice Mayor Friedel said that he also attended everything that Councilmember McMahon
attended, and he added that they had a lot of great applicants for the Planning and
Zoning Commission.
Councilmember Scharnow said that their interviews will be this coming Thursday. On
March 24 he attended a board meeting for Valley Metro and Scott Smith, CEO, gave an
emotional farewell. They have hired Jessica Mefford Miller, who ran the transit system in
St. Louis. Ridership is creeping back up on rail and buses. Also, he attended many of the
things on 26th, as well. On the 23rd, he attended the Community Foundation check
presentation on behalf of the Coalition. They had 20+ groups that received grants. On
the 27th there was a fundraiser for the Museum at Harley Davidson so he attended that.
Councilmember Magazine agreed that they had some very good candidates for Planning
and Zoning. He said it was not long ago that they were beating the bushes trying to find
applicants, and now they are receiving some great applications, for which he thanked the
public.
Councilmember Grzybowski said that she attended a couple of Legislative Update calls
with the League, and she attended the Board of Directors meeting of Greater Phoenix
Economic Council (GPEC). She attended the Chamber's quarterly breakfast where
Patrick Sweeney gave an update on the school district. She toured the Maricopa County
Assessor's Office. Saturday, the 26th, was a huge day for events. He hung out with
Councilmember Scharnow at Harley Davidson for the Museum fundraiser.
She also had the opportunity to sit down with the new Economic Development Director,
Amanda. She dittoed that they had great applicants for Planning and Zoning. This last
weekend she attended the Golden Rule Day celebration on the lawn of the State Capitol.
Mayor Dickey reported that the 26th was a wonderful day. One of their Sister Cities,
Kasterlee, Belgium, notified the Town that their former Mayor, Walter Otten, passed
away, so she asked that the Town's flag be flown at half-staff. They had their Capital
Improvement Planning Work Session which is available on video. They met with the
Canadian-Arizona Business Council, did Earth Day videos, Rock the Museum with
Councilmembers Scharnow and Grzybowski.
5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION: Update by Fountain Hills Coalition
Councilmember Mike Scharnow, representing the Fountain Hills Coalition, gave a
PowerPoint presentation which addressed:
FOUNTAIN HILLS COALITION
MISSION STATEMENT - PROTECT OUR YOUTH
ORGANIZATION
COLLABORATION ACROSS SECTORS
CONTINUUM OF CARE
MAIN GOALS -- ENGAGEMENT AND OUTREACH
GENERAL EXAMPLES
FUNDING
HOW WE OBTAIN INFORMATION
ALCOHOL AND SUBSTANCE ABUSE RANKED AS THE #1 PUBLIC HEALTH ISSUE
IN FOUNTAIN HILLS
PAST 30 DAY DRUG USE OVER TIME - ALL STUDENTS
FH REPORTED TEEN DRUG USE OVER TIME
MAJOR FOCUS IN 2022 AND BEYOND
NEARLY 200 PEOPLE DIE EVERY DAY IN THE US FROM DRUG OVERDOSES
SCHOOL INITATIVES - PAST & PRESENT
INCREASE RESOURCES
WEBINAR
SAFE HOMES NETWORK OF FOUNTAIN HILLS
FENTANYL IS HERE...
MOST COMMON FORM OF ILLEGAL FENTANYL
Town Council Regular Meeting of April 5, 2022 2 of 12
DON'T BE FAKED OUT
WHY IS THIS OCCURRING?
MONITOR SOCIAL MEDIA
KNOW SIGNS OF OVERDOSE
SOLUTIONS ARE AVAILABLE
NALOXONE SAVES & CHANGES LIVES
IT'S ALL ABOUT COLLABORATION
Mayor Dickey thanked Councilmember Scharnow for his presentation.
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.
The following individuals addressed the Town Council:
Jane Bell, Fountain Hills, said she appreciated the Council's time and everything they
have put into it. A special thanks to John Kavanagh who helped them with attorneys, and
thanks to Larry Meyers, Laura Shearer and Lori Troller. She asked the Council to not be
afraid to make a decision.
Ed Stizza, Fountain Hills, thanked the MCSO staff for their professionalism at his job site.
He said that over the past few years he has watched management fail on several issues
including dark skies, continued density, and quality of life. He said that they need to be
accountable.
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.
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to approve Consent Agenda items 7-A and 7-B.
Vote: 7 - 0 Passed - Unanimously
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special
Meeting of March 15, 2022, and the Regular Meeting of March 15, 2022.
B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-15 approving the
designation of Chief Fiscal Officer of the Town of Fountain Hills for FY22.
Town Council Regular Meeting of April 5, 2022 3 of 12
8. REGULAR AGENDA
A.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-01,
amending Chapters 1, 5, 10, and 11 of the Zoning Ordinance to provide the definition of
family and community residences, the regulations for community residences, and provide
the zoning districts where community residences are permitted.
Mayor Dickey opened the Public Hearing.
Development Services Director John Wesley gave a brief review which addressed:
BACKGROUND
Planning and Zoning Commission began studying the topics of Group Homes and
Detx/Treatment Centers in November 2021
Discussed ideas, issues, concerns and options at 2 meetings
Received public comments in January 2022
Reviewed and discussed group home ordinance options in February 2022
Held public hearing, received input, and made recommendations on group home
ordinance at March 2022 meeting
Will be following up with review and recommendations regarding Detox/Treatment
Centers
Group Homes for the Handicapped and Elderly Care have been a permitted use in
single-family and multifamily districts since 1993
Current ordinance
Allows up to 10 individuals, excluding staff
Requires a minimum separation of 1,200'
Requires local registration
Includes inspection for compliance with life-safety codes
Zoning codes allow one family per dwelling in single-family and multifamily zoning
districts
Codes typically define families as any number of people related by blood or marriage or
a defined number of unrelated individuals (usually 4-6)
Group homes for the handicapped are allowed as an exception to this standard to meet
the needs of handicapped individuals to have the same access to housing in a
community supportive manner
Rules define the limits and requirements of the exception; need to have legitimate
government purpose and be the least restrictions needed to accomplish the purpose
Rules for group homes apply equally to all group homes
Assisted living for seniors
Developmentally disabled individuals
Sober living homes
Physically disabled individuals
Group homes are residences for the individuals living there. Not treatment facilities
Similar to any family home
RECOMMENDED ORDINANCE
March 14 P&Z voted to recommend Ordinance #22-01 for approval
Several items added/modified at meeting
Staff did not have the opportunity for evaluation or comment on several of these
Town Council Regular Meeting of April 5, 2022 4 of 12
modifications; it may be beneficial to consider a few changes to what was recommended
The following individuals addressed the Council:
• Bob Strasser
• Cindy Strasser
• Natalie Marston Salem, owner of Mental Health, Fountain Hills Recovery
• Allen Skillicorn
• Larry Meyers
• Lori Troller
• Andy Bennett
• Laurie Scherer
• John Meredith
• Liz Gildersleeve
• Hannah Toth
• Crystal Cavanaugh
• John Kavanagh
• Jane Bell
Written comments in support of the Planning and Zoning Commission's recommended
ordinance included:
• Roxann Turner
• Christine McGinn
• Jim and Linda Brader
• Alan Grosso
• Gary Hoger
• Randy and Wendy Klocke
• Jennifer Joines
• Thomas Maffei
Comments included:
• Planning and Zoning did a marvelous job researching this issue and came up with
excellent recommendations.
• He understands that the Council have made modifications to what the Commission
came up with.
• Purpose of Planning and Zoning is to find out what the residents are interested in and
get a feel for how the Town should be headed.
• Many citizens that had voiced their opinions did research.
• Not speaking as a facility owner, but rather a daughter who lost her father to addiction.
• The disease of addiction does not discriminate; it affects all of us.
• She is concerned as a citizen of Fountain Hills; she has a few neighbors selling their
homes.
• In so many instances, it seems that the Council has gone against specific
recommendations or for it, and not enforced it.
• Mental health and substance abuse are diseases, no different than cancer that needs
treatment.
• Sober homes are a positive addition to their treatment.
• Thanked the Planning and Zoning Commission for putting together a thoughtful
ordinance, that had been researched, and court-tested.
• In reading packet, was shocked to see changes made to the ordinance from what the
Commission proposed.
Town Council Regular Meeting of April 5, 2022 5 of 12
• Majority of this Town supports what the Commission did.
• Why is this issue different than short-term rentals?
• If we are going to say we want to regulate short-term rentals, why not do reasonable
regulations on sober homes.
• This is an issue of residents and special interests.
• He attended some of the Planning and Zoning Commission meetings. Has worked in
the industry for a long time in risk management and compliance.
• What he sees with these ordinances is an interesting solution to a problem that does
not exist; it has not been escalating quickly
• There is not a problem here; it is not a crime.
• It is hard to hear the amount of misinformation spread around by people who are
well-intended.
• Looking through the ordinance he sees a protected class; they are trying to tighten the
screws on a protected class.
• Statistics point that addiction is a massive problem; Fountain Hills is not spared that.
• She is a resident of Fountain Hills and she and her husband are both professionals.
None of them lack compassion. She is a hospice nurse, and they have a family member
who is heroin addict.
• There is something to be said to hide behind sober home. They do not need a RN to be
on staff, and they do not need medications to be administered by clinicians.
• She showed items that have been picked up in front of homes; they know.
• He lived next to a recovery center for two years
• It is a failed federal system; it would not exist without a government pushing it. It is not
a reason business
• Would love to see councilmembers debate Peter Gray.
• Asking the Council to vote for the Planning and Zoning Commission recommended
ordinance; they are here to demand it.
• The P&Z proposed ordinance is reasonable and supported by legal precedent.
• Gilbert allows only five people in a sober home. Why would Town staff allow ten.
• Each councilmember has been elected as representatives of the people.
Mr. Wesley said that the ordinance, as approved by the Planning and Zoning
Commission, has not been changed. In the staff report are considerations for the
Council, improvements made to address the topic
COMMUNITY RESIDENCE DEFINITION
The following considerations were discussed, and the Town Council agreed to leave
them in:
7. STANDARDS - BUSINESS LICENSE, IF APPLICABLE
10. DELAYED SUBMITTAL OF APPLICATION REQUIREMENTS
13. RE-REGISTRATION ITEMS
4. FAMILY
11. DISTRIBUTION OF MEDICATION
6. PERSONS PER BEDROOM
Councilmember McMahon asked if staff currently looks at the configuration of rooms
when looking at the number of occupants. Mr. Wesley said that today they have not
looked at that as specifically as they will in the future.
After brief discussion, the Council agreed to leave it at two occupants per bedroom.
Town Council Regular Meeting of April 5, 2022 6 of 12
16. COUNTY TAX STATUS
Mr. Wesley said that staff had concerns such as 1) what is the evidence? 2) how long
does it take? 3) what is the real benefit? He said that they do not see an issue if Council
wants to keep it. Council agreed to keep it in the ordinance.
9. LIABILITY INSURANCE
Councilmember Magazine asked Mr. Arnson if we saw this as legally problematic. Mr.
Arnson said that he was not necessarily sure. There is nothing that provides the Town
with the authority to impose this requirement. He said it is not typically something seen in
other jurisdictions. He said there is one situation where the Council would require some
additional proof, when someone is doing business for the Town as a vendor.
Mayor Dickey noted that the Town never requires homeowners or other business owners
to show liability insurance. Councilmember Grzybowski said that she feels that if they
pinpoint one business type and require something not required of others, they are putting
themselves into a liability position for bias.
Councilmember Magazine said that he appreciated everyone coming, but he hears
people saying, "go to court." It would be improper for them to include something in an
ordinance that will land them in court. Councilmember Spelich said that he would like to
see more research done on this issue. He would like to see what other communities
have done. Councilmember Friedel said that he was wondering if this was something
they should be discussing in a different forum.
Mr. Arnson said that is a sound suggestion. Whatever they do or do not find, they can let
the public know, but recommendations would come in a different format. Mayor Dickey
said that they have to look at the benefit versus the risk.
Councilmember Grzybowski said that they should make sure it is an Arizona city or town.
They have heard of precedence on the east coast. Mr. Arnson said that both parties that
spoke about Gilbert's ordinance are right. The requirement is five, unless it is a facility
licensed by the state, then it is 1200 feet.
15. PENALTY
Mr. Wesley said that staff would like to target this section back to the Town Code penalty
that is already established. The Council agreed.
8. UNANNOUNCED INSPECTIONS
Brief discussion was held on this. Mr. Arson said that the Council has received his legal
advice. He agreed that it does present concerns. Staff was requested to research this
issue further.
2. FAMILY COMMUNITY RESIDENCE SIZE
Mr. Wesley said that as they have looked around, there are a lot of communities with ten,
so the recommended number gives them some concern. Councilmember Spelich said
that he vehemently opposes any change to the P&Z recommended number. He would
like to keep this at 8, including resident staff. He does not want to put the Town in
jeopardy of a lawsuit, but he personally will not budge on the number. It is a fair number
Town Council Regular Meeting of April 5, 2022 7 of 12
and has been researched. He thought it would stand a challenge.
Mayor Dickey asked what the ramifications would be on senior living facilities in Town
with changes to this number. Mr. Wesley said that there are 10 licensed senior living
centers. He would need to research this further to see if they would be grandfathered.
Councilmember Magazine asked that staff also research what would happen if they were
grandfathered, and someone leaves.
Councilmember Scharnow said that he hs not as confident in the P&Z recommendation,
based on advice the Council has been given. Staff is there to protect them based on
experience. Comments made that all this is reasonable and defensible is not what they
are hearing. He has to go along with staff on this. He felt they would be negligent in their
duty and not being good stewards of the Town's money. He thought they were doing
what they need to do. Not everyone is going to agree, but they need to rely on staff and
the Town's attorneys.
Mayor Dickey said that they have to take all of this into account. There are 24,000
residents. She understood that everyone has strong feelings about this; others have
different opinions. They need to consider all of that.
Councilmember Magazine asked if they were challenged on two or three parts of the
ordinance, if there was a risk of the whole thing being thrown out. Mr. Arnson said that
his best answer is, "it depends." It depends on the nature of the action. If it is found that it
could be separated without defeating the purpose, the court would sever it. It would
depend on which part was challenged.
3. TRANSITIONAL RESIDENCE DEFINITION
Mr. Arnson said that if they are going to explore the issues further, he would suggest
they research this part as well.
5. SPACING BETWEEN COMMUNITY RESIDENCES
Councilmember Magazine asked if there are any other jurisdictions that have a 2400 foot
limit. Mr. Arnson said that of all the several that staff reviewed, he did not see one.
Councilmember Scharnow said that the current ordinance is 1200 feet. They have been
accused of having loose regulations and needing to tighten these up. If these have been
on the book since 1993 and they have a total of 14, he does not see a proliferation, and
he does not see the need to go to 2460.
Councilmember Spelich said that he is not stuck on the half mile, but definitely thinks
1200 feet is not enough. The topography of Fountain Hills is different; it is not flat. They
have hills, canyons and washes, and when they come up with this number they have to
take that into consideration.
Mayor Dickey said that there is a law about this. One of the things they talk about is that
with any rules on spacing, they have to do certain things for reasonable accommodation.
Vice Mayor Friedel said that he thinks that 1200 is not enough. It could be 2000 or 1800;
there are ways of doing this. There is a compromise.
Mayor Dickey suggested that they look at something like Carefree or Cave Creek where
Town Council Regular Meeting of April 5, 2022 8 of 12
their terrain is similar. It would be better to know for sure if it has passed some place. Mr.
Arnson said that the strategy is to make sure that it is a good number with a rational
basis.
14. WAIVER OF REASPONABLE ACCOMMODATION
Councilmember McMahon said that a three-person review is smart. The Board of
Adjustment would be a good addition as they are not part of Planning and Zoning. She
said that there are things that have to be proven for the appeal to be approved.
Mr. Arnson said that they do not have enough to make a decision tonight. They were in
executive session a long time and did not get to this. In his view, there are positives and
negatives. It might as well be done in a methodical way.
Councilmember Spelich said that any applicant that wants to challenge any provision
must first apply for a waiver before seeking court remedies. Mr. Arnson said that typically
an applicant would exhaust their efforts. If there is a procedure available to someone, it
could remedy the concerns.
Mayor Dickey suggested that they continue the public hearing to a specific date. Mr.
Arnson said that there are a few heavy issues and they have packed agendas. He
suggested that they continue it to the May 3, 2022, meeting.
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Peggy
McMahon to continue the public hearing to the May 3, 2022, meeting.
Vote: 7 - 0 Passed - Unanimously
Councilmember Magazine said that he was troubled by people coming before them and
telling them they have to rubber stamp what Planning and Zoning Commission
recommended. He said that they have a lot of commissions. They respect their judgment
and listen to them, but they are elected by the people and they have to make
independent decisions. He said that they were supporting a lot of what the Commission
recommended.
B.CONSIDERATION AND POSSIBLE ACTION: of approving the Second Amendment to
Cooperative Purchase Agreement C2020-065 with M. R. Tanner Development and
Construction, Inc.
Public Works Director Justin Weldy said that this was an ongoing long-term agreement
they have had with M.R. Tanner. They are crack filling on the northeast section of Town,
saw cutting and removing some areas. This amendment is necessary to get over the
hump to the end of the year. The remaining balance will be used primarily for paving of
Four Peaks Park using the Reserve Funding and Capital Reserve.
MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron
Grzybowski to approve the Second Amendment to Cooperative Purchasing Agreement
C2020-065 With M.R. Tanner in the amount of $1,000,000 and any required budget
transfers.
Town Council Regular Meeting of April 5, 2022 9 of 12
Vote: 7 - 0 Passed - Unanimously
C.CONSIDERATION AND POSSIBLE ACTION OF Resolution 2022-014, approving
Amendment One to the Intergovernmental Agreement with the State of Arizona for design
and construction of sidewalk gap elimination along Saguaro Boulevard and Palisades
Boulevard
Mr. Weldy said that during the time that Council first considered and approved this, staff
was able to apply for additional funding to reduce their costs. There is a $2 million grant
for sidewalk infill from Kiwanis to Fountain Hills Boulevard and Palisades from Saguaro
to Fountain Hills Boulevard. They have asked this firm to come back before Council
when they get to 30% and show the locations and segments.
Mayor Dickey said that this is a very big accomplishment and she appreciated what he
and others did.
MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron
Grzybowski to adopt Resolution 2022-14.
Vote: 7 - 0 Passed - Unanimously
D.CONSIDERATION AND POSSIBLE ACTION: Approval on Amendment No.1 to
Cooperative Purchasing Agreement C2022-013 with Brown & Associates Certified
Inspection, Services, INC
Mr. Weldy said that over the past few years they have been using their services for plan
review. After a long and exhausting search, the Town hired an assistant engineer.
Development Services has been using this firm for building inspections. There is funding
in the budget for plan review.
MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember David Spelich to
approve Amendment No.1 to Cooperative Purchasing Agreement C2022-013 with Brown
& Associates Certified Inspection, Services, INC, in the amount of $50,000, and any
necessary budget transfers.
Vote: 7 - 0 Passed - Unanimously
E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services
Agreement 2022-039 with Systems 4 for Town Janitorial Services.
Mr. Weldy said that this was advertised for bids and they did receive some solicitations.
There were changes in scope, and in the interim they had issued some temporary
purchase orders for Town Hall, Community Center and street yard.
Councilmember Spelich asked if this was a local company. Mr. Weldy said that it was
not. If there is a local company, they did not submit a bid.
Mr. Miller said that staff has reached out to the business community and did not get a
very good response.
Town Council Regular Meeting of April 5, 2022 10 of 12
Mr. Weldy said that they are facing challenges with capital projects. They have also
contacted local and nonlocals directly, and have not done well. He is nervous about a
few capital projects that may not be completed.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Sharron
Grzybowski to approve Professional Services Agreement 2022-039 with Flying Squirrel
Enterprises (dba Systems 4) for Town Janitorial Services in the amount of $88,000
annually.
Vote: 7 - 0 Passed - Unanimously
F.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League
of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action
proposed or pending before the State Legislature.
Mayor Dickey said that the short-term rental bill seems to have stalled. The gun bill
passed the Senate on the 7th.
Mr. Miller said that he would look into Prop 400 and report back. He noted that the
lobbyist bill failed. the car tax exemption passed and was signed. He said that will be a
hit to the Town.
The condo termination bill stalled and the anti-Wayfair failed.
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 David Spelich, SECONDED BY Councilmember Sharron
Grzybowski to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held April 5, 2022, adjourned at
8:49 p.m.
Town Council Regular Meeting of April 5, 2022 11 of 12
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
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 5th day of
April, 2022. I further certify that the meeting was duly called and that a quorum was present.
DATED this 3rd day of May, 2022.
_________________________________
Elizabeth A. Klein, Town Clerk
Town Council Regular Meeting of April 5, 2022 12 of 12
MINUTES OF THE SPECIALMEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
APRIL 12, 2022
1. CALL TO ORDER – Mayor Dickey
Mayor Dickey called the Special Meeting of the Fountain Hills Town Council held April 12,
2022, to order at 4:31 p.m.
Councilmember Magazine joined the discussion at 4:56 p.m.
2. ROLL CALL – Mayor Dickey
Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David
Spelich; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski;
Councilmember Peggy McMahon; Councilmember Alan Magazine
Staff
Present:
Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk
Elizabeth A. Klein
3.RECESS INTO EXECUTIVE SESSION
MOVED BY Councilmember David Spelich, 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 4:31 p.m.
A.*Discussion or consideration of employment, assignment, appointment, promotion, demotion,
dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any
public body, except that, with the exception of salary discussions, an officer, appointee or
employee may demand that the discussion or consideration occur at a public meeting. The
public body shall provide the officer, appointee or employee with written notice of the executive
session as is appropriate but not less than twenty-four hours for the officer, appointee or
employee to determine whether the discussion or consideration should occur at a public meeting;
and discussion or consultation for legal advice with the attorney or attorneys of the public body,
pursuant to A.R.S. 38-431.(A)(1) and (3), respectively.
i.*Ethics Complaint Investigation Report.
B. Discussion or consultation for legal advice with the attorney or attorneys of the public body; and
discussion or consultation with the attorneys of the public body in order to consider its position
and instruct its attorneys regarding the public body's position regarding contracts that are the
subject of negotiations, in pending or contemplated litigation or in settlement discussions
conducted in order to avoid or resolve litigation, pursuant to A.R.S. Sections 38-431.03(A)(3)
and (4), respectively.
i. Park Place Development Agreement and Site Plan
5.ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 5:42 p.m., at which time the
Special Meeting of April 12, 2022, adjourned.
TOWN OF FOUNTAIN HILLS
____________________________
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
______________________________
Elizabeth A. Klein, Town Clerk
Town Council Special Meeting of April 12, 2022 2 of 2
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2022-22 approving the Public Art Master Plan Revisions.
Staff Summary (Background)
The Town of Fountain Hills Public Art Master Plan was approved by Town Council on March 3, 2020.
The Public Art Committee has requested the following changes that have gone through legal review.
Proposed changes to the art donation policy & application:
The policy currently reads:
Applicants choosing to purchase art are required to submit a Donation Application and comply with the
Art Acquisition Criteria. The art contribution should be approved by Town staff and Public Art
Committee as being in compliance with the ordinance.
Proposed change:
Applicants choosing to purchase a piece of art are required to submit a Donation Application and
comply with the Art Acquisition Criteria. Applicants choosing to purchase art are required to choose
from the approved sculptures provided from the Public Art Committee or work under the guidance of
the Public Art Committee for an artist selection. The art contribution should be approved by Town staff
and Public Art Committee as being in compliance with the ordinance.
(CURRENT) Donation form currently reads:
(Please check one):
Donation of artwork to be commissioned _____ Donation of existing artwork______
Donation for Development Percent for Public Art (Please go to Percent for Development
Option)______
PROPOSED CHANGE:
(Please check one):
Donation of artwork to be commissioned under the guidance of the Public Art Committee
Donation of existing artwork as approved by the Public Art Committee
Donation for Development Percent for Public Art (Please go to Percent for Development Option)
Consider Adding this statement to the policy and application:
Cost per square foot shall be taken from the most recent publication of the International Conference of
Building Officials. The derivation of the estimate and the date of the ICBO publication shall be noted on
the submittal.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Public Art Committee recommends the approval of the revisions made to the Town of Fountain Hills
Public Art Master Plan.
Staff Recommendation(s)
Staff recommends approving the Public Art Master Plan Revisions.
SUGGESTED MOTION
MOVE to Adopt Resolution 2022-22 approving the Public Art Master Plan Revisions.
Attachments
Public Art Master Plan Revisions
Resolution 2022-22 Public Art Master Plan Revisions
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 04/19/2022 12:21 PM
Finance Director David Pock 04/20/2022 10:43 AM
Executive Assistant, Comm. Serv. (Originator)Patti Lopuszanski 04/25/2022 10:16 AM
Community Services Director Rachael Goodwin 04/25/2022 10:22 AM
Finance Director David Pock 04/25/2022 10:33 AM
Executive Assistant, Comm. Serv. (Originator)Patti Lopuszanski 04/25/2022 11:31 AM
Community Services Director Rachael Goodwin 04/25/2022 11:55 AM
Finance Director David Pock 04/25/2022 01:37 PM
Town Attorney Aaron D. Arnson 04/25/2022 02:44 PM
Town Manager Grady E. Miller 04/25/2022 05:35 PM
Form Started By: Patti Lopuszanski Started On: 04/05/2022 05:10 PM
Final Approval Date: 04/25/2022
Town of Fountain Hills Public Art Master Plan
Revised 05.2022
I. INTRODUCTION & BACKGROUND
History of Public Art
Public art has long played an important role in expressing the identity of a culture. In many
cases, public art is the legacy by which we remember an ancient culture. Public art has been a
part of the American landscape since Colonial times, but it wasn’t until the middle of the 20th
century that comprehensive public art programs emerged.
After the establishment of the National Endowment for the Arts in 1965, the field of public art
underwent significant change. As more and more cities adopted “percent for art” ordinances,
public art has evolved from a process that placed large-scale versions of studio sculpture in
unrelated spaces into the broader understanding that art may take various forms, including being
routinely integrated into the surroundings it is placed in, often becoming part of building or
structure itself.
In cities like Seattle, Philadelphia, Los Angeles, Miami, and others, artists working in the public
realm became more involved in the design of public spaces by working closely with architects,
landscape architects, and engineers. The result was the use of art to shape a new public space,
not just to enhance an existing one. In Seattle, Phoenix, and Scottsdale, the art went one step
further; it has become an integral part of civic infrastructure including, bridges, waste treatment
plants, freeways, parks, sports complexes, and other projects.
Funding for contemporary public art has come in large part from three sources: (i) “percent for
art” ordinances, (ii) funding through local, state, and federal grant programs, and (iii) corporate
sponsorships and private donations from individuals and foundations.
History of Art in Fountain Hills
In October 1994, the Town of Fountain Hills (the “Town”) and the Fountain Hills Civic
Association (the “Civic Association”) commissioned a community cultural assessment,
sponsored by the Arizona Commission on the Arts (the “1994 Cultural Assessment”). Nearly 50
citizens participated in either the open forum or in the surveys collected. The community’s
strengths and challenges were discussed, and four key issues were identified:
The need for a cultural center facility with performance, gallery, and meeting
space.
A need for an arts council to provide leadership for cultural growth.
A need to involve the arts in community design and planning.
A need for youth services including after-school and summer programs.
Through the 1994 Cultural Assessment, a clear need for a Public Art Committee was recognized.
The Fountain Hills Arts Council (the “Arts Council”) bylaws were formally adopted in March
1995.
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3
On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts
Council, then a committee of the Civic Association, as the official representative of the Town in
all matters dealing with the promotion of public arts within the Town of Fountain Hills. Shortly
thereafter, the Arts Council established the Fountain Hills Public Art Committee (the “PAC”) to
administer its public art program. On November 20, 2003, the Town Council adopted Resolution
No. 2003-70 confirming this appointment and adopting an official Master Plan for the
acquisition of public art.
Through various corporate reorganizations, the Arts Council became the Fountain Hills Cultural
Council and thereafter merged with the Civic Association to become the Fountain Hills Cultural
and Civic Association, a 501(c)(3) non-profit corporation (“FHCCA”). The PAC continues as a
committee of FHCCA, and since 2000, the PAC has adopted an aggressive policy of public art
acquisition.
On December 7, 2006, the Town Council adopted Ordinance 06-23, creating the Town’s
Commercial/Multi-Family Architectural Design Review Guidelines (the “Design Guidelines”).
Section 19.05(I) of the Design Guidelines established the minimum standards for including a
public art element in all commercial, industrial and multi-family residential projects (the “Public
Art Requirement”) providing for either (i) the installation of exterior public art valued at equal to
or greater than 1% of the cost of building construction and associated site work and signage of a
new or redeveloped commercial, industrial, or large multi-family residential construction project
or (ii) a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1%
of the cost of building construction and associated site work and signage. The funds raised
through this process will be referred to hereafter as the “Percent for Public Art” funds. Public Art
Fund Development Guidelines were adopted by the Town Council in January 2007 to set forth
the process for implementing the Public Art Requirement. The Fountain Hills Public Art Fund is
the fund held by the Town for the purchase or installation of public art (the “Fountain Hills
Public Art Fund”).
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II. PUBLIC ART PROGRAM GENERAL STANDARDS
Mission: The mission of the Public Art Collection is to promote a rich, diverse and stimulating
cultural environment that enriches the lives of the town’s residents and visitors, and further
establishes the town’s identity. The Fountain Hills Cultural and Civic Association (FHCCA) is
committed to acquiring works of art for the Art Collection of the highest aesthetic standards
reflective of diverse social, aesthetic, and cultural perspectives. The Town Council intends that all
public art within the corporate limits of the Town shall be selected and approved according to the
Public Art Acquisition process.
This document establishes policies and procedures for the acquisition, placement, care, and
management of works of art for the public art collection of the Town of Fountain Hills, whether
acquired through a Gift or Bequest. It shall be the policy of the PAC to accept unique, one-of-a-
kind works of art with the noted exception of prints, photographs, or a desirable high-quality
limited edition work of art by a renowned artist.
GOALS OF THE COLLECTION:
1. Artwork acquired and maintained within the collection should reflect the highest aesthetic
standards. Objects accepted into the collection must be of known authorship and be
accepted based on their value as works of art.
2. The Town’s collection should be diverse in its representation of artists and artistic styles.
3. Artwork acquired and accepted into the collection should be appropriate in scale, media,
and context with its intended location, and be relevant within the cultural, historical,
social/political, and environmental context of the area surrounding the Town of Fountain
Hills.
DEFINITIONS:
Fountain Hills Cultural and Civic Association (“FHCCA”): The FHCCA is the 501(c)(3)
Charitable organization representing the PAC.
Public Art Committee: The Public Art Committee (“PAC”) is a member organization of the
Fountain Hills Cultural and Civic Association (“FHCCA”). The PAC is made up of members of
the FHCCA, Town staff member(s), and when deemed necessary, arts professionals. The
committee generally meets monthly and is responsible for reviewing potential art donations and
making recommendations to the Town.
Acquisition: The formal process used to accept an artwork into the Civic Art Collection and the
recording of an item as a Collection Object.
Aesthetics: Artistic merit of the work of art, including consideration of its artistic, social, cultural,
and/or historical significance.
Appraisal: A professional, certified evaluation of artwork, i.e. its authenticity, condition, and
provenance, to determine its monetary value.
5
Artist: Individual artist or team of individual artists whose body of work and professional activities
demonstrate a serious ongoing commitment to the fine arts, through a record of exhibitions, public
commissions, sale of works, and educational attainment.
Artwork or Work of Art: For the purpose of these guidelines, Artwork, or Work of Art, is
defined as a work in any media that is the result of the unique creative expression of an artist.
Conservation: See “Preservation.” For the purposes of this document, the terms “conservation”
and “preservation” are used interchangeably.
Decommission: The formal process of removing acquired objects permanently from the Art
Collection.
Donation: An artwork or a series of artworks gifted to the Town for long-term public display with
the intent to transfer title of ownership to the Town.
Maintenance: Maintenance shall mean a minimally invasive, routine, and regularly scheduled
activity that may involve the removal of superficial dirt or debris build-up on the surface of the
artwork or the cleaning and repair of non-art support material such as a pedestal or plaque. For the
purposes of this document, this definition shall apply generally whenever “maintenance” of
artwork is referenced.
Maintenance Endowment Calculation: A Maintenance Endowment Calculation adequate to
ensure the continued care of gifts of art shall be maintained by the Town of Fountain Hills. An
endowment is required for all outdoor artworks and may be required for indoor artworks in order to
maintain the gift in a condition satisfactory to the donor, the PAC, and the Town. Scale, material,
location, the value of the work, and potential for vandalism will be considered in determining the
maintenance endowment.
Monuments: Structures, sculptures, or other objects erected to commemorate a person or an event.
Percent for Public Art: Developers of any new professional office, lodging projects, retail,
service, commercial, wholesale, transportation, industrial developments, re-developments or
expansion project,s and multi-family projects with five or more dwelling units within the Town of
Fountain Hills are required to provide public artwork.
Plaque: For the purpose of this document “plaque” refers to identification signage affixed on or
near an artwork that identifies the title, artist, media, date, attribution, and other pertinent
information. Organizations strive for uniformity in plaque design and text content.
Preservation: Preservation shall mean the protection of cultural property through activities that
minimize chemical and physical deterioration and damage, and that prevent loss of informational
content. The primary goal of preservation is to prolong the existence of the cultural property, and
should be undertaken or overseen by a professional conservator. For the purposes of this
document, the terms preservation and conservation are used interchangeably, and the definition
above shall apply generally whenever “conservation” or “preservation” is used.
Proposal: The Artist’s design proposal for a project that typically includes drawings and/or models
illustrating the project and how it will fit into the site, project description, and budget, typically
6
requested from a limited number of finalists as a means of providing the basis for final artist
selection.
Provenance: The history of an artwork and its creation and ownership, which is used to help
establish its authenticity. Documents used for provenance include sales receipts, auction and
exhibition catalogs, gallery labels, letters from the artist, and statements from people who knew the
artist or the circumstances of the creation of the artwork.
Public Art Collection: The Public Art Collection is comprised of artworks that have been acquired
by the PAC on behalf of the Town.
Public Art Fund: The Public Art Fund is made up of the funds set aside by the Town of Fountain
Hills to acquire and maintain the Public Art Collection. This fund is comprised of monies
collected through the Percent for Public Art, donations from private or corporate donors, the
Maintenance Endowment Calculation, and monies gained through grants. The Public Art Fund
amount shall be noted within the annual budget of the Town of Fountain Hills.
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III. PUBLIC ART ACQUISITION PROCESS
Public art is acquired through four primary methods:
1. As the result of a gift or loan whereby the Town becomes a beneficiary
2. As a result of the Percent for Public Art Contribution
3. By the active procurement of a specific work of art or the selection of an artist for a
specific project
4. Temporary or Traveling Art Exhibitions
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IV. ARTWORK DONATION PROCEDURES
When an artwork is offered to the Town for donation, such donations are reviewed by entities that
may include but are not limited to the PAC, FHCCA, and Town staff. No work of art shall be
acquired into the Collection unless such work of art shall first have been submitted to and
approved by the above-mentioned entities. Artwork must meet the Artwork Review Criteria.
Neither the PAC, the FHCCA nor the Town will establish the artwork value, nor furnish
documentation regarding the artwork value to the Donor.
Step 1: The prospective donor submits a completed Artwork Donation Application with required
attachments to the PAC. Developers, required to meet the Percent for Public Art obligation, will
submit an application to the Planning and Zoning Department. The proposal shall include
information about the artist, a written description of the artwork (size, materials, date created,
etc.), a condition report, appraisal, and photograph or drawing of the artwork, and a proposed
site, if any. Artwork to be donated will only be accepted with restrictions in very limited
circumstances. For all artwork located on public property, the Town of Fountain Hills receives
full title to the artwork and has the ability to sell or transfer the title to individuals or entities.
Step 2: The PAC reviews the application and gift documents and decides if the gift meets the Art
Acquisition Criteria. If necessary, the prospective donor may be invited to give a presentation
about the donation to Town staff, the PAC, and others to clarify the artwork’s provenance and
appraisal, and the intent of the gift. The PAC may seek the advice of a professional art conservator
or other qualified arts professional to review the proposal and provide recommendations regarding
authenticity and the long-term care of the artwork.
Step 3: The PAC will make the recommendation to accept, accept with modifications or decline the
gift. If the gift is accepted with modifications, the donor has the option to resubmit at a later date.
If the gift is accepted by the PAC, it is then referred to the FHCCA Board and Town Council for
review and acceptance. The donor may again be called upon to discuss the donation with the Town
Council. The PAC may not recommend gifts that require extraordinary maintenance expenses or are
deemed unsafe.
Step 4: Once the artwork donation has been accepted, the Town and the Donor enter into an
agreement regarding the terms of acceptance based upon the requirements of the Art Acquisition
Criteria.
In general, donations shall be accepted without restrictions or conditions. All accepted donations
will be subject to the Town’s Art Acquisitions Criteria and Decommissioning Policy. All artworks
acquired by the Town shall be covered under the Town’s public art insurance policy for the stated
value.
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V. ART ACQUISITION CRITERIA
Public art is defined as the work of a visual artist located in a publicly accessible space. Public art
includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other
sculpture, fountains, arches and other structures intended for ornament or commemoration,
carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and
crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature.
Public art projects may also include visual or landscape artists serving on design and development
teams to identify opportunities and approaches for incorporating artwork aesthetic concepts into
Town buildings and visible public improvement projects. Regardless of the method of acquisition,
certain fundamental criteria will be universally applied to any work of art under consideration.
Aesthetics
1. Artistic merit of the work of art, including its artistic, social, and/or historical significance,
as evidenced by the Artwork Donation Application (which includes a written description and
drawings and/or maquette if the artwork is proposed and not fabricated)
2. Professional artist's qualifications, as evidenced by the Artwork Donation Application (which
includes images of past work, resume, references, and published reviews)
3. Compatibility of the work of art within the context of the proposed site
4. Warranty of originality (in the case of a pre-existing artwork; only original works or limited
editions and high aesthetic value shall be considered)
5. Provenance
Site
6. Appropriateness to the proposed site with respect to its immediate and general physical
environment (district, neighborhood) and audience
7. Proposed works of art must be compatible in scale, material, form, and content with their
surroundings. Attention shall be given to the social context of the work and the manner in
which it may interact or contribute to the use of the site.
8. Ecological and/or environmental impact
9. Accessibility to the public, including persons with disabilities
10. Text components (e.g., signage or plaque)
Site Criteria: Prior to selecting a site for artwork, whether purchased or commissioned, the PAC
and Town staff shall take into consideration the following factors:
11. Visibility and prominence of the artwork site
12. Public accessibility of the artwork and ADA Compliance
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13. Public Safety
14. Interior and exterior traffic patterns
15. Relationship of proposed artwork to existing or future architectural features, natural features,
other artworks, and urban design
16. Function of the facility
17. Facility users and surrounding community and interaction of users and community members
with proposed artwork
18. Future development plans for the area
19. Overall program goal or concept
20. Landscape design
21. Relationship of proposed artwork to existing artworks within the site vicinity
22. Environmental impact
23. Social context of artwork (intended use of the work, if any)
24. The PAC and Town of Fountain Hills shall approve the artwork location before acquisition
Installation
25. Site requirements for installation (Electricity, lighting, water, or other requirements)
26. Method of installation
27. Documents: Utility connections, site modifications, structural reinforcements, or other
engineering requirements or site modifications should be described in the gift proposal and
reflected in the construction plans and specifications. The donor/sponsor is responsible for
providing and submitting engineering and architectural plans, as required according to the
Building Code or as requested by the Commission. Such plans must be prepared, signed,
and stamped by the appropriate design professional licensed in the state of Arizona.
28. Storage requirements, if needed
29. Safety standards (Town Risk Management review)
Maintenance
30. Structural integrity (demonstrated through documentation)
31. Review of Fabrication and Installation Method: Works of art that are accepted from
maquettes or drawings will be subject to PAC review throughout fabrication and installation.
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Specific plans for site design, installation, maintenance, and protection will be submitted for
approval. The completed artwork may not deviate in any way from the proposal approved
by the PAC.
32. Durability of materials and method of fabrication
33. Susceptibility of the artwork to accidental damage, theft, and/or vandalism and security needs
34. Ability or capacity to provide necessary routine maintenance
Maintenance Endowment Calculation Contribution
35. All costs associated with fabrication and installation, including site preparation, long-term
preservation, illumination, plaque, and unveiling/dedication event, if any
36. For all works of art located on Town property or donated to the Town, the Donor will
contribute 5% of the total value of the artwork or $5000 (whichever is less) to the Town’s
Public Art Fund. Obtaining an appraisal prior to execution of the agreement is the
responsibility of the Donor unless otherwise agreed upon by Town and Donor.
37. Statement of the value of artwork by a certified appraiser for insurance purposes
38. No artwork will be placed or acquired before all financial obligations are met by the Donor
Liability
39. Susceptibility of the artwork both to normal wear and to vandalism
40. Potential risk to the public
41. Public access, in general, as well as compliance with ADA requirements
42. Special insurance requirements (some extremely valuable artworks need additional
insurance)
Timeliness
43. Allowance of sufficient time for the normal review process
44. Timely and appropriate response to the PAC and Town staff requests for additional materials
or information
Memorial Gifts: Memorial gifts will be judged to the following additional criteria:
45. The person so honored shall have been deceased for a minimum of two years. Events shall
have taken place at least two years prior to consideration of a proposed memorial gift.
46. Represents broad community values
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47. The memorial has timeless qualities that will be meaningful to future generations
48. The location under consideration is an appropriate setting for the memorial; in general, there
should be some specific geographic justification for the memorial being located on a
specific site
Acceptable Art: Acceptable forms of art (“Acceptable Art”) shall include but are not necessarily
limited to, the following:
49. All forms of limited edition or one-of-a-kind original creations of visual art created by an
artist
50. Project features and enhancements which are unique and produced by a professional artist
such as benches and fountains
51. Murals or mosaics covering walls
52. Professional artist sculptures which can be freestanding, wall-supported, or suspended and
made of durable materials suitable to the site and the climate
53. Other suitable artworks as presented in a catalog and previously approved by the PAC
Not Acceptable Art: The following, non-exclusive list describes those items not considered
Acceptable Art:
54. Business logos or art that incorporates a logo for the primary purpose of advertising a
business
55. Directional elements such as supergraphics, signage, or color-coding except where these
elements are integral parts of the original works of art
56. Mass-produced art objects, such as fountains, statuary objects, or playground equipment
57. Decorative ornamental or functional elements created by the project
58. Landscape architecture or gardening except for elements designed by the artist as an integral
part of the work of art
59. Electrical, water, or mechanical service for activation of the works of art
60. Art exhibitions and educational activities
61. Security and publicity concerning works of art
62. Standard landscape or hardscape elements that would normally be associated with the project
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VI. PERCENT FOR PUBLIC ART REQUIREMENT FOR DEVELOPMENT
A. Basic Requirements
1. Developers of any new professional office, lodging projects, retail, service,
commercial, wholesale, transportation, industrial developments, re-developments or expansion
project,s, and multi-family projects with five or more dwelling units within the Town of
Fountain Hills are required to provide public artwork. The Percent for Public Art contribution
shall equal:
• 1% of Total Construction Cost for projects of $1 million or less;
• ¾% of Total Construction Cost for projects with a value between $1 million and $10
million; or
• ½% of Total Construction Cost for projects with a Total Construction Cost over $10
million.
As an alternative to providing public art, developers may donate to the Fountain Hills Public Art
Fund in an amount equal to the above calculation. If requested, the PAC and Town staff will
work with the developer to identify an appropriate use of the contribution that will benefit both
the developer and the Town.
2. Developers are not required to make a contribution to the Maintenance
Endowment Calculation for any artwork located on private property. If the artwork is to be
located on public property, the Maintenance Endowment Calculation will apply.
3. The public art requirement must be met prior to the issuance of a Certificate of
Occupancy. Applicants choosing to purchase a piece of art are required to choose from the
approved sculptures provided by the public art committee or work under the guidance of the
public art committee for an artist selection.
4. Artwork selected by the developer to go on-site must be integrated with the
project, be located on an exterior of the structure or the building site, be visible to the public at
all times, and be accessible for at least 40 hours per week. The location of artwork should be in
an outdoor location to allow unrestricted visibility by the public 24 hours per day.
5. A plaque will be placed that will identify the art and the artist.
B. Total Construction Cost Calculation
Total Construction Cost, as used in the Calculation for Percent for Public Art, includes hard costs
of construction, site work, and signage costs.
C. Eligible Costs for Calculating the Contribution
The following costs may be included in the calculation of the developer’s required art
investment.
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1. Professional artist’s budget, including artist fees, materials, assistants’ labor costs,
insurance, permits, taxes, business, legal expenses, and operating costs.
2. Fabrication and installation of the artwork, including base and/or foundation if necessary.
3. Site preparation for artwork.
4. Structures enabling the artist to display the artwork.
5. Documentation of the artwork.
6. Acknowledgment plaque identifying the artist, artwork, and development, per
Town format.
D. Responsibility After Installation
1. Art located on the developer’s property will remain the developer’s property, subject to a
covenant on the part of the developer that the piece will remain in public view. It will be
the developer’s and subsequent property owner’s responsibility to insure and maintain the
piece of art. The insured value must equal the appraised value. The developer will be
cognizant of the federal Visual Artists Rights Act, which prevents the distortion or
modification of artwork without the artist’s permission.
2. If any changes are considered by the property owner for the previously approved artwork
located on-site, an application for consideration of change must be submitted to the PAC.
All submitted changes are subject to full review by the PAC and Town Council.
3. Art located on Town-owned property shall become the property of the Town. The artwork
location will be reviewed by the Town’s Facilities Division and other staff to ensure
compliance with the Americans with Disabilities Act (ADA), and to minimize conflicts
with public utilities in the Town’s rights-of-way. The Town will insure and maintain all
pieces on Town-owned property.
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VII. ACQUIRING ART THROUGH ARTISTS SELECTION OR PURCHASE
The PAC will identify potential art projects or art purchase opportunities. Any recommendation to
the PAC regarding the acquisition of a piece of art shall identify the potential source of funds for
such acquisition. Such sources of funds may include the funds deposited in the Fountain Hills
Public Art Fund.
1. The PAC will decide which projects or purchases will be recommended to the Town
Council as required in the Artwork Donation Process. The Town Council will have the
final decision, acting in its sole discretion, to determine (i) which projects or purchases will
be undertaken and (ii) if the recommendation includes the use of funds from the Fountain
Hills Public Art Fund, whether the use of such funds is appropriate.
2. If the Town Council approves moving forward with a project or purchase, the PAC will
assume the role of an independent selection panel. The PAC will choose the most
appropriate method for a given project or purchase from among the following options:
a. Open Competition. This method offers opportunities that any professional artist is
eligible to enter. A Project Profile, an announcement with information about the
project, will be circulated, requesting artist proposals for review by the selection
panel.
b. Invitational or Limited Competition. This two-staged competition calls for artists to
submit qualifications (documentation of past work) for the selection panel’s
consideration, instead of a proposal. The panel selects three to five artists to visit the
site and develop detailed proposals or to participate in an interview process. The
artists may be paid for their proposals and site visits based on a percentage of the
project budget. The panel then reconvenes to select an artist and/or proposal.
c. Direct Selection and Nominations. In this method, the panel selects one artist based
on documentation of past work. The pool of work reviewed can be solicited
through a call-to-artist or by using an existing artist slide bank. The artist is selected
by the PAC and a recommendation is presented to the FHCCA and Town Council
for approval. PAC will then negotiate a contract for the development of a proposal.
d. Direct Purchase. A method that results in the purchase of already completed
artworks, based upon the PAC’s recommendations.
3. Upon Town Council approval of any public art project or purchase, the PAC will contact
the selected artist or artist’s agent. The PAC will prepare an invoice or contract between
the FHCCA and the artist covering the entire scope of work to be performed and specifying
all fees to be paid, including, those for any travel expenses, shipping, and/or installation
charges. If the Fountain Hills Public Art Fund is to be used for all or a portion of the
acquisition cost, the aforementioned invoice or contract shall be entered into between the
Town and the artist, and the Town Attorney shall prepare the invoice or contract with input
from the PAC as to the appropriate scope of work to be performed, fees to be paid, travel
expenses to be reimbursed and shipping and/or installation charges to be paid. If both the
Fountain Hills Public Art Fund and FHCCA funds are to be used for acquisition and/or
installation, the FHCCA shall contribute its portion to the Town prior to the date the Town
is required to pay the final invoice.
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4. Working in cooperation with appropriate Town staff and/or commissions, the PAC will
assume responsibility for project management: overseeing the purchase, shipment, and
installation of selected artwork, or the design, fabrication, and installation of a
commissioned project.
5. According to the payment schedule stipulated in the contract, the PAC will be responsible
for paying all project fees in a timely fashion, except for those installation fees agreed to be
covered by the Town through a separate agreement.
6. Upon completion of the purchase or project, the PAC will arrange a public dedication and
formal transfer of ownership to the Town.
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VIII. TEMPORARY OR TRAVELING EXHIBITIONS
From time to time, the PAC may make arrangements for temporary works of art to be displayed in
select locations. These Temporary or Travelling Exhibitions may be installed to celebrate a current
cultural, social, or civic event, or may represent art that is available on a temporary basis that can
bring a new, thoughtful perspective to the Fountain Hills Public Art Collection.
Considerations for selection of a Temporary or Travelling Exhibition might include:
1. Costs: Costs associated with these Temporary Exhibits may be either borne by private
donors or the Public Art Fund. In the event there might be costs to be borne by the Town
of Fountain Hills from the Public Art Fund, the PAC shall make a request for funds in
advance of any commitments to display the work. These costs might include but may not
be limited to honorariums paid to artists, installation costs, maintenance, lighting, plaque
costs, or insurance costs.
2. Selection: The Selection Criteria shall be similar to those outlined in Article VII Acquiring
Art Through Artists Selection or Purchase.
3. Additional Criteria in a Call to Artists for the purpose of the temporary status might include:
a. Length of time to be displayed.
b. Whether or not the artwork may be sold during the exhibition or as a function of the
exhibition. In such an event, the work will be required to remain on-site during the
full length of the exhibition.
c. Manner in which the artist may advertise or promote themselves or the work.
d. Requirement for insurance to be carried by the artist.
e. Requirement of the Artist to be present for installation, de-installation, and
Dedication of the Exhibition.
f. An appropriate disclaimer created by legal counsel of the Town of Fountain Hills
pertaining to the Artists release of liability for damage or destruction while on
display.
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IX. GIFT AND SALE OF ARTWORKS
The Gift and Sale of Art Program are established to allow the public to donate works of art to the
Town of Fountain Hills that may or will be sold for the benefit of the Public Art Fund. When the
PAC determines that it would be advantageous to the Town, a gifted work of art may be acquired
and sold.
1. Sale at Public Auction: A work of art under the jurisdiction of the Town may be sold at
public auction to the highest and best bidder and the PAC may contract with a licensed
auctioneer for the purpose of conducting the sale or sales. The contract shall specify the
compensation to be paid for the auctioneer's services and set forth the terms and conditions
under which the sale or sales are to be conducted. Each such contract shall be approved by
the Purchaser.
2. Private Sale: If the work is offered at public auction and no bids are received, or if the bids
are rejected, the PAC may determine that the work may be sold on terms more advantageous
to the Town.
3. Proceeds from Sale of Artwork: All proceeds from any sale or auction, shall be credited to
the Public Art Fund, and the monies contributed to the fund from the sale of a work of art
under the jurisdiction of the Town shall be expended exclusively for the purpose of acquiring
or maintaining works of art in the Collection.
4. Objects may not be given or sold privately to Town employees, officers, members of the
Commission, or their representatives or family.
Other Considerations: If for any reason, the Town of Fountain Hills finds it necessary to pursue
plans that would modify, remove, destroy or in any way alter an artwork, and the PAC approves
such action, then the PAC shall make a reasonable effort to notify the artist by registered mail of
the Town's intent and outline possible options, which include, but are not limited to the following:
1. Transfer of Title to the Artist: The artist will be given the first option of having the title to the
artwork transferred to him/her. If the artist elects to pursue title transfer, he/she is responsible
for the object's removal and all associated costs.
2. Disclaim Authorship: In the case where the Town contemplates action which would
compromise the integrity of the artwork, the artist shall be given the opportunity to disclaim
authorship and request that his/her name not be used in connection with the given work.
Alteration, Modification, or Destruction: If alteration, modification, or destruction of an artwork
protected under the Visual Artists Rights Act of 1990 is contemplated, the PAC must secure a
written waiver of the artist's rights under this section. In the case of an emergency removal that
may result in the destruction or irreparable damage, the Town will act in accordance with the
advice of the Town Attorney.
Relocation of Public Display: If the Town decides that an artwork must be removed from its
original site, and if its condition is such that it could be re-installed, the PAC and Town will
attempt to identify another appropriate site. If the artwork was designed for a specific site, the PAC
and Town will attempt to relocate the work to a new site consistent with the artist's intention. If
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possible, the artist's assistance will be requested to help make this determination.
The Town and PAC reserve the right to relocate or remove any artwork at any time. The final
decision regarding the placement of artwork will rest with the Town and PAC.
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X. DECOMMISSIONING POLICY
Conditions: A work of art may be considered for removal from public display and/or
decommissioning if one or more of the following conditions apply:
1. The work does not fit within the PAC mission, goals, or guidelines for the Art Collection.
2. The work presents a threat to public safety.
3. Condition or security of the work cannot be guaranteed, or the Town cannot properly care
for or store the work.
4. The work requires excessive or unreasonable maintenance or has faults in design or
workmanship.
5. The condition of the work requires restoration in gross excess of its aesthetic value or is in
such a deteriorated state that restoration would prove either unfeasible, impractical, or
misleading.
6. No suitable site for the work is available, or significant changes in the use or character of
design of the site affect the integrity of the work.
7. The work is fraudulent or not authentic.
8. The work is rarely or never displayed.
9. Significant adverse public reaction over an extended period of time (5 years or more).
10. The work is judged to have little or no aesthetic and/or historical or cultural value.
11. The work is duplicative in a large holding of work of that type or of that artist.
Process: The following process shall be followed for works being considered for
decommissioning:
Absence of Restrictions: Before disposing of any objects from the collections, reasonable efforts
shall be made to ascertain that the PAC and the Town are legally free to do so. Where restrictions
are found to apply, the PAC shall comply with the following:
Mandatory restrictions shall be observed unless a deviation from their terms is authorized by a
court of competent jurisdiction.
Objects to which restrictions apply should not be disposed of until reasonable efforts are made to
comply with the restrictive conditions. If practical and reasonable to do so, considering the value of
the objects in question, the PAC should notify the donor if it intends to dispose of such objects
within ten years of receiving the gift. If there is any question as to the intent or force of restrictions,
the PAC shall, through Town staff, seek the advice of the Town Attorney.
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Independent Appraisal or other documentation of the value of the artwork: Prior to
disposition of any object having a value of $10,000 or more, PAC and/or Town staff should obtain
an independent professional appraisal or an estimate of the value of the work based on recent
documentation of gallery and auction sales.
Related Professional Opinions: In cases where decommissioning or removal is recommended
due to deterioration, a threat to public safety, ongoing controversy, or lack of artistic quality, it is
recommended that the PAC seek the opinions of independent professionals qualified to comment
on the concern prompting review (conservators, engineers, architects, critics, safety experts, etc.).
PAC Hearing and Resolution: The recommendation to decommission a work of art will be
considered at a regular or special meeting of the PAC. The Town must approve by Resolution the
PAC’s recommendation that a work of art under its jurisdiction should be decommissioned through
sale or exchange.
Provisions for Emergency Removal: In the event that the structural integrity or condition of the
artwork is such that, in the opinion of the PAC or Town staff, the artwork presents an imminent
threat to public safety, the Town may authorize its immediate removal, without the artist's consent,
by declaring a State of Emergency, and have the work placed in temporary storage. The artist and
the PAC must be notified of this action within 30 days. The PAC will then consider options for
disposition: repair, reinstallation, maintenance provisions, or decommissioning. In the event that
the artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s
Agreement with the Town has not waived his/her rights under the 1990 Visual Artists’ Protection
Act, the Town must attempt to gain such written permission before proceeding. In the event that
this cannot be accomplished before action is required to protect public health and safety, the Town
shall proceed according to the advice of the Town Attorney.
Adequate Records: An adequate record of the conditions and circumstances under which objects
are decommissioned and disposed of should be made and retained as part of the Collections
Management records.
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ARTWORK DONATION APPLICATION
Use this form to submit proposals for permanent artwork donations or short-term or long-term
loans. Thank you for your interest in donating artwork to the Town of Fountain Hills, Arizona.
Please direct any questions, and complete and submit this application to:
Name:
Address: Phone:
Email Address:
Please attach additional sheets. The Town reserves the right to request additional information
in order to process a donation proposal.
DONOR
Name(s)
Organization (if applicable):
(Please check one: Individual(s) Corporation Not-for-Profit Other (specify: )
Address
City State Zip Code Country
Phone Fax Email
(Please check one):
Donation of artwork to be commissioned under the guidance of the Public Art Committee
Donation of existing artwork as approved by the Public Art Committee
Donation for Development Percent for Public Art (Please go to Percent for Development Option)
Conflict of Interest: Disclose whether the donor has any active contracts with the Town or is involved
in any stage of negotiations for a Town contract.
ARTIST
Name Alias (If applicable)
Nationality Birth Date Death Date (If applicable)
Address
City State Zip Code Country
Phone Fax Email
Website
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Artist Representation/Gallery Name (If applicable)
Artist Representation/Gallery Address
City State Zip Code Country
Phone Fax Email
Website
For donations of commissioned artwork, please explain the method used in the selection of the artist.
ARTWORK
Title
Artwork type (e.g., painting, print, drawing, sculpture) Medium: include all materials
Description of Artwork
Creation Date Dimensions and Weight
Anticipated Life Expectancy of the Artwork
Finishes are applied to the surface
Construction technique(s)
If this artwork is part of a series or group, what is the total number in the series or group?
If this artwork is part of an edition, what is the edition number of this piece, and the total edition size?
Describe the frame, if any. Describe the base or pedestal, if any.
24
Describe any accompanying accessories
Current location of the artwork
The proposed site for placement (if applicable)
For memorials, describe the person or event to be commemorated, and explain why this person or
event deserves special recognition.
ARTWORK HISTORY
Provenance/Past Owners: List all past owners and periods of ownership for each. A separate page
can be submitted.
Exhibition History: List the exhibition history including exhibition titles, venues, and dates for each.
Publications and References: List all publications about and references to the artwork.
COPYRIGHT OWNERSHIP
Name of the current copyright owner Title
Address
City State Zip Code Country
Phone Fax Email
If the donor is the current copyright owner, does the donor intend to transfer the copyright to the
Town of Fountain Hills should the donation be accepted by the Town?
ARTWORK VALUATION (per appraisal)
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Fair Market Value $
How was this fair market value determined and by whom?
CONDITION
Describe the current condition of the artwork noting any existing breaks, tears, scratches, abrasions,
paint losses, or other insecurities or defects in the artwork.
If the artwork has been conserved, describe the conservation treatment and name of a conservator.
Provide recommendations for routine maintenance of artwork. Indicate whether these recommendations
were provided by a conservator.
(Optional) Provide recommendations for security, installation, transportation, and/or
storage.
For donations of commissioned artwork, please outline the installation plan.
OTHER REQUIRED MATERIALS
Please submit the following materials along with this completed form.
Artist’s résumé and bio
Digital, color images of past artwork by artist
For commissioned artwork, color renderings or maquettes of proposed artwork
Maps or images of the proposed site for artwork Itemized list of any costs to be borne by the Town for transportation, installation, exhibition,
The operation, maintenance, conservation, and/or security
For commissioned artwork, an itemized budget for design, fabrication, and installation
For commissioned artwork, a timeline for design, fabrication, and installation
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Exhibition catalogs, publications, and/or references, if available
Formal, written appraisal for any artwork with a fair market value of $10,000 or more
Condition report, if available
Conservator’s report, if applicable
Proof of authenticity, if available
Any other information relevant to the artwork
DEVELOPMENT PERCENT FOR PUBLIC ART
( )
Development
Description
Total Project Cost as Determined by Town Staff – Cost per square foot shall be taken from the most recent
publication of the International Conference of Building Officials. The derivation of the estimate and the date of
the ICBO publication shall be noted on the submittal.
$
Total Calculated Percent Requirement as Determined by Town Staff
1% of Total Project Cost for projects of $1 million or less;
¾% of Total Project Cost for projects with a value between $1 million and $10 million; or
½% of Total Project Cost for projects with a Total Construction Cost over $10 million.
$
(Please check one):
The developer chooses to make a donation to Public Art Fund
Amount Received $ Payment Type
The developer chooses to meet the percent requirement with on-site art installation (please fill out
the Artwork Donation Application and reference the Town of Fountain Hills Public Art Master
Plan.)
The developer chooses to donate an artwork to the Town of Fountain Hills (please fill out the Artwork
Donation Application and reference the Town of Fountain Hills Public Art Master Plan.)
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DONOR’S AUTHORIZATION TO INITIATE A DONATION REVIEW
Authorized signature Title
Print name Date
STAFF ONLY
Received by Date
RESOLUTION NO. 2022-22
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF
FOUNTAIN HILLS PUBLIC ART MASTER PLAN REVISIONS
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town”) acknowledge the
important cultural and beautification role of public art within the Town; and
WHEREAS, the Town has taken several steps to manage the promotion and acquisition of public
art within the Town and to create design guidelines establishing minimum standards for public
art in commercial, industrial, and multi-family residential projects; and
WHEREAS, the Town desires to adopt a “Town of Fountain Hills Public Art Master Plan” to
provide a cohesive document regarding public art within the Town.
ENACTMENTS:
NOW THEREFORE BEIT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN
HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town, through its Mayor and Council, hereby approves the Town of
Fountain Hills Public Art Master Plan Revisions in substantially the form attached hereto as
Exhibit A.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to cause the execution of the Revisions 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 Fountain Hills, Maricopa
County, Arizona, this 3rd day of May, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A.Burke, Town Clerk
REVIEWED BY:APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D.Arnson, Town Attorney
EXHIBITA
TO
RESOLUTION NO. 2022-22
[TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN REVISIONS 2022]
See following pages.
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Resolution 2022-23 Decommissioning and Removing Town-Owned Artwork " Man
in the Moon" from Public Display in Fountain Park.
Staff Summary (Background)
The stainless steel sculpture titled "Man in the Moon" was created by artist Kyle Ashley and was
installed in 2014 at Fountain Park near the playground area. Due to harsh water conditions, the
sculpture has deteriorated extensively, exposing sharp edges and creating a safety hazard. On Monday,
April 4, 2022, the Public Art Committee voted unanimously to decommission the piece, following the
Decommissioning Policy that is contained in the Public Art Master Plan adopted by Resolution 2020-07
and allows public art to be removed from public display under Section X as follows:
Conditions: A work of art may be considered for removal from public display and/or decommissioning if
one or more of the following conditions apply:
2. "The work presents a threat to public safety."
4. "The work requires excessive or unreasonable maintenance or has faults in design or workmanship."
The artist, Kyle Ashley, has been contacted via email and phone voice mail messages and to date has not
responded. Upon Council approval, "Man in the Moon" will be removed from the Public Art collection
and photos will be taken to document and archive the piece.
Background on Public Art Policy:
The Fountain Hills Public Art Program was founded in October 1994 when the Town and the Fountain
Hills Cultural and Civic Association commissioned a community cultural assessment sponsored by the
Arizona Commission on the Arts. Nearly 50 citizens participated in either the open forum or via
collected surveys. The community’s strengths and challenges were discussed and specific needs were
identified, including:
The need for a cultural center facility with performance, gallery and meeting space.1.
A need for an Arts Council to provide leadership for cultural growth.2.
A need to integrate the arts in community design and planning.3.
On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council,
then a committee of the Civic Association, as the official representative of the Town in all matters
dealing with the promotion of public arts within the Town of Fountain Hills.
In March 2020, the Town Council approved Resolution 2020-07 adopting an updated version of the
Town of Fountain Hills Master Art Plan, proposed and endorsed by the Public Art Committee.
Related Ordinance, Policy or Guiding Principle
The Decommissioning Policy is contained in the Public Art Master Plan adopted by Resolution 2020-07
and allows public art to be removed for public display under Section X as follows: 2. "The work presents
a threat to public safety."
Risk Analysis
The decommissioning and removal of the art piece is due to the deterioration of the metal over time
and sharp edges that are a risk to the public.
Recommendation(s) by Board(s) or Commission(s)
On April 4, 2022, the Public Art Committee voted unanimously to decommission the sculpture "Man in
the Moon."
Staff Recommendation(s)
The staff recommends the adoption of Resolution 2022-23.
SUGGESTED MOTION
MOVE to adopt Resolution 2022-23 Decommissioning and Removing "Man in the Moon" from Public
Display.
Attachments
Resolution 2022-23 Man in the Moon Decommission
Public Art Master Plan 2021
Man in the Moon Photo
Man in the Moon- damage 1
Man in the Moon damage 2
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 04/19/2022 12:32 PM
Finance Director David Pock 04/20/2022 10:43 AM
Executive Assistant, Comm. Serv. (Originator)Patti Lopuszanski 04/25/2022 10:17 AM
Community Services Director Rachael Goodwin 04/25/2022 10:22 AM
Finance Director David Pock 04/25/2022 10:33 AM
Executive Assistant, Comm. Serv. (Originator)Patti Lopuszanski 04/25/2022 11:16 AM
Community Services Director Rachael Goodwin 04/25/2022 11:55 AM
Finance Director David Pock 04/25/2022 01:37 PM
Town Attorney Aaron D. Arnson 04/25/2022 02:45 PM
Town Manager Grady E. Miller 04/25/2022 05:36 PM
Form Started By: Patti Lopuszanski Started On: 04/05/2022 05:13 PM
Final Approval Date: 04/25/2022
RESOLUTION 2022-23
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECOMMISSIONING AND REMOVING FROM
PUBLIC DISPLAY CERTAIN TOWN-OWNED ARTWORK
RECITALS:
WHEREAS, the Town of Fountain Hills (the “Town”) owns and maintains a public art collection, with
individual works of art located throughout the Town; and
WHEREAS, the Town has adopted the Public Art Master Plan, as amended, to serve as a guide for the
acquisition, maintenance, and disposition of works of art by the Town; and
WHEREAS, pursuant to theTown of Fountain HillsPublic Art Master Plan, Section X –Decommissioning
Policy (the “Decommissioning Policy”), a work of art may be considered for removal from public display
and/or decommissioning under certain conditions, including; when the work presents a threat to public
safety; and
WHEREAS, that certain work of art that is part of the Town’s public art collection titled “Man in the
Moon” (the “Artwork”) is located at Fountain Park; and
WHEREAS, as required by the Decommissioning Policy, the Fountain Hills Public Art Committee of the
Fountain Hills Cultural and Civic Association at its April 4, 2022 meeting approved the decommissioning
and removal of the Artwork; and
WHEREAS, the terms of the Decommissioning Policy have been satisfied in all material respects or to the
extent reasonably possible as pertaining to the decommissioning of the Artwork; and
WHEREAS, in consideration of the above recitals, the Mayor and Town Council of the Town of Fountain
Hills (the “Town Council”) has determined it is necessary and in the best interest of the Town to
decommission the Artwork and remove the Artwork from public display.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS,as follows:
SECTION 1. The recitals above are incorporated as if fully set forth herein.
SECTION 2. The Artwork is decommissioned and shall be removed from public display, whether through
sale, exchange, or any other means of disposal as may be reasonably necessary, as determined by Town
staff.
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, May 3,
2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Burke, Town Clerk
REVIEWED BY:APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
Town of Fountain Hills Public Art Master Plan
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I. INTRODUCTION & BACKGROUND
History of Public Art
Public art has long played an important role in expressing the identity of a culture. In many
cases, public art is the legacy by which we remember an ancient culture. Public art has been a
part of the American landscape since Colonial times, but it wasn’t until the middle of the 20th
century that comprehensive public art programs emerged.
After the establishment of the National Endowment for the Arts in 1965, the field of public art
underwent significant change. As more and more cities adopted “percent for art” ordinances,
public art has evolved from a process that placed large-scale versions of studio sculpture in
unrelated spaces into the broader understanding that art may take various forms, including being
routinely integrated into the surroundings it is placed in, often becoming part of building or
structure itself.
In cities like Seattle, Philadelphia, Los Angeles, Miami and others, artists working in the public
realm became more involved in the design of public spaces by working closely with architects,
landscape architects and engineers. The result was the use of art to shape a new public space, not
just to enhance an existing one. In Seattle, Phoenix and Scottsdale, the art went one step further;
it has become an integral part of civic infrastructure including, bridges, waste treatment plants,
freeways, parks, sports complexes and other projects.
Funding for contemporary public art has come in large part from three sources: (i) “percent for
art” ordinances, (ii) funding through local, state and federal grant programs and (iii) corporate
sponsorships and private donations from individuals and foundations.
History of Art in Fountain Hills
In October 1994, the Town of Fountain Hills (the “Town”) and the Fountain Hills Civic
Association (the “Civic Association”) commissioned a community cultural assessment,
sponsored by the Arizona Commission on the Arts (the “1994 Cultural Assessment”). Nearly 50
citizens participated in either the open forum or in the surveys collected. The community’s
strengths and challenges were discussed, and four key issues were identified:
The need for a cultural center facility with performance, gallery and meeting
space.
A need for an arts council to provide leadership for cultural growth.
A need to involve the arts in community design and planning.
A need for youth services including after school and summer programs.
Through the 1994 Cultural Assessment, a clear need for a Public Art Committee was recognized.
The Fountain Hills Arts Council (the “Arts Council”) bylaws were formally adopted in March
1995.
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On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts
Council, then a committee of the Civic Association, as the official representative of the Town in
all matters dealing with the promotion of public arts within the Town of Fountain Hills. Shortly
thereafter, the Arts Council established the Fountain Hills Public Art Committee (the “PAC”) to
administer its public art program. On November 20, 2003, the Town Council adopted Resolution
No. 2003-70 confirming this appointment and adopting an official Master Plan for the
acquisition of public art.
Through various corporate reorganizations, the Arts Council became the Fountain Hills Cultural
Council and thereafter merged with the Civic Association to become the Fountain Hills Cultural
and Civic Association, a 501(c)(3) non-profit corporation (“FHCCA”). The PAC continues as a
committee of FHCCA, and since 2000, the PAC has adopted an aggressive policy of public art
acquisition.
On December 7, 2006, the Town Council adopted Ordinance 06-23, creating the Town’s
Commercial/Multi-Family Architectural Design Review Guidelines (the “Design Guidelines”).
Section 19.05(I) of the Design Guidelines established the minimum standards for including a
public art element in all commercial, industrial and multi-family residential projects (the “Public
Art Requirement”) providing for either (i) the installation of exterior public art valued at equal to
or greater than 1% of the cost of building construction and associated site work and signage of a
new or redeveloped commercial, industrial, or large multi-family residential construction project
or (ii) a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1%
of the cost of building construction and associated site work and signage. The funds raised
through this process will be referred to hereafter as the “Percent for Public Art” funds. Public Art
Fund Development Guidelines were adopted by the Town Council in January, 2007 to set forth
the process for implementing the Public Art Requirement. The Fountain Hills Public Art Fund is
the fund held by the Town for the purchase or installation of public art (the “Fountain Hills
Public Art Fund”).
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II. PUBLIC ART PROGRAM GENERAL STANDARDS
Mission: The mission of the Public Art Collection is to promote a rich, diverse and stimulating
cultural environment that enriches the lives of the town’s residents and visitors, and further
establishes the town’s identity. The Fountain Hills Cultural and Civic Association (FHCCA) is
committed to acquiring works of art for the Art Collection of the highest aesthetic standards
reflective of diverse social, aesthetic and cultural perspectives. The Town Council intends that all
public art in the corporate limits of the Town shall be selected and approved according to the
Public Art Acquisition process.
This document establishes policies and procedures for the acquisition, placement, care and
management of works of art for the public art collection of the Town of Fountain Hills, whether
acquired through a Gift or Bequest. It shall be the policy of the PAC to accept unique, one of a kind
works of art with the noted exception of prints, photographs or a desirable high-quality limited
edition work of art by a renowned artist.
GOALS OF THE COLLECTION:
1. Artwork acquired and maintained within the collection should reflect the highest aesthetic
standards. Objects accepted into the collection must be of known authorship and be
accepted based on their value as works of art.
2. The Town’s collection should be diverse in its representation of artists and artistic styles.
3. Artwork acquired and accepted into the collection should be appropriate in scale, media and
context with its intended location, and be relevant within the cultural, historical,
social/political and environmental context of the area surrounding the Town of Fountain
Hills.
DEFINITIONS:
Fountain Hills Cultural and Civic Association (“FHCCA”): The FHCCA is the 501(c)(3)
Charitable organization representing the PAC.
Public Art Committee: The Public Art Committee (“PAC”) is a member organization of the
Fountain Hills Cultural and Civic Association (“FHCCA”). The PAC is made up members of the
FHCCA, Town staff member(s) and when deemed necessary, arts professionals. The committee
generally meets monthly and is responsible for reviewing potential art donations and making
recommendations to the Town.
Acquisition: The formal process used to accept an artwork into the Civic Art Collection and the
recording of an item as a Collection Object.
Aesthetics: Artistic merit of the work of art, including consideration of its artistic, social, cultural
and/or historical significance.
Appraisal: A professional, certified evaluation of an artwork, i.e. its authenticity, condition and
provenance, to determine its monetary value.
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Artist: Individual artist or team of individual artists whose body of work and professional activities
demonstrate serious ongoing commitment to the fine arts, through a record of exhibitions, public
commissions, sale of works and educational attainment.
Artwork or Work of Art: For the purpose of these guidelines, Artwork, or Work of Art, is
defined as a work in any media that is the result of the unique creative expression of an artist.
Conservation: See “Preservation.” For the purposes of this document, the terms “conservation”
and “preservation” are used interchangeably.
Decommission: The formal process of removing acquired objects permanently from the Art
Collection.
Donation: An artwork or a series of artworks gifted to the Town for long-term public display with
intent to transfer title of ownership to the Town.
Maintenance: Maintenance shall mean a minimally invasive, routine and regularly scheduled
activity that may involve the removal of superficial dirt or debris build-up on the surface of the
artwork or the cleaning and repair of non-art support material such as a pedestal or plaque. For the
purposes of this document, this definition shall apply generally whenever “maintenance” of
artwork is referenced.
Maintenance Endowment Calculation: A Maintenance Endowment Calculation adequate to
ensure the continued care of gifts of art shall be maintained by the Town of Fountain Hills. An
endowment is required for all outdoor artworks and may be required for indoor artworks in order to
maintain the gift in a condition satisfactory to the donor, the PAC and the Town. Scale, material,
location, value of the work and potential for vandalism will be considered in determining the
maintenance endowment.
Monuments: Structures, sculpture or other objects erected to commemorate a person or an event.
Percent for Public Art: Developers of any new professional office, lodging projects, retail,
service, commercial, wholesale, transportation, industrial developments, re-developments or
expansion projects and multi-family projects with five or more dwelling units within the Town of
Fountain Hills are required to provide public artwork.
Plaque: For the purpose of this document “plaque” refers to identification signage affixed on or
near an artwork that identifies the title, artist, media, date, attribution and other pertinent
information. Organizations strive for uniformity in plaque design and text content.
Preservation: Preservation shall mean the protection of cultural property through activities that
minimize chemical and physical deterioration and damage, and that prevent loss of informational
content. The primary goal of preservation is to prolong the existence of cultural property, and
should be undertaken or overseen by a professional conservator. For the purposes of this
document, the terms preservation and conservation are used interchangeably, and the definition
above shall apply generally whenever “conservation” or “preservation” is used.
Proposal: The Artist’s design proposal for a project that typically includes drawings and/or models
illustrating the project and how it will fit into the site, project description and budget, typically
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requested from a limited number of finalists as a means of providing the basis for final artist
selection.
Provenance: The history of an artwork and its creation and ownership, which is used to help
establish its authenticity. Documents used for provenance include sales receipts, auction and
exhibition catalogs, gallery labels, letters from the artist, and statements from people who knew the
artist or the circumstances of the creation of the artwork.
Public Art Collection: The Public Art Collection is comprised of artworks that have been acquired
by the PAC on behalf of the Town.
Public Art Fund: The Public Art Fund is made up of the funds set aside by the Town of Fountain
Hills to acquire and maintain the Public Art Collection. This fund is comprised of monies
collected through the Percent for Public Art, through donation from private or corporate donors, the
Maintenance Endowment Calculation and monies gained through grants. The Public Art Fund
amount shall be noted within the annual budget of the Town of Fountain Hills.
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III. PUBLIC ART ACQUISITION PROCESS
Public art is acquired through four primary methods:
1. As the result of a gift or loan whereby the Town becomes a beneficiary
2. As a result of the Percent for Public Art Contribution
3. By the active procurement of a specific work of art or the selection of an artist for a
specific project
4. Temporary or Traveling Art Exhibitions
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IV. ARTWORK DONATION PROCEDURES
When an artwork is offered to the Town for donation, such donations are reviewed by entities that
may include but are not limited to the PAC, FHCCA and Town staff. No work of art shall be
acquired into the Collection, unless such work of art shall first have been submitted to and
approved by the above mentioned entities. Artwork must meet the Artwork Review Criteria.
Neither the PAC, the FHCCA nor the Town will establish the artwork value, nor furnish
documentation regarding the artwork value to the Donor.
Step 1: The prospective donor submits a completed Artwork Donation Application with required
attachments to the PAC. Developers, required to meet the Percent for Public Art obligation, will
submit an application with the Planning and Zoning Department. The proposal shall include
information about the artist, written description of the artwork (size, materials, date created, etc.),
condition report, appraisal and photograph or drawing of the artwork, and proposed site, if any.
Artwork to be donated will only be accepted with restrictions in very limited circumstances. For all
artwork located on public property, the Town of Fountain Hills receives full title to the artwork and
has the ability to sell or transfer the title to individuals or entities.
Step 2: The PAC reviews the application and gift documents and decides if the gift meets the Art
Acquisition Criteria. If necessary, the prospective donor may be invited to give a presentation
about the donation to Town staff, the PAC and others to clarify the artwork provenance and
appraisal, and the intent of the gift. The PAC may seek the advice of a professional art conservator
or other qualified arts professional to review the proposal and provide recommendations regarding
authenticity and the long-term care of the artwork.
Step 3: The PAC will make the recommendation to accept, accept with modifications or decline the
gift. If the gift is accepted with modifications, the donor has the option to resubmit at a later date.
If the gift is accepted by the PAC, it is then referred to the FHCCA Board and Town Council for
review and acceptance. The donor may again be called upon to discuss the donation with the Town
Council. The PAC may not recommend gifts that require extraordinary maintenance expense or are
deemed unsafe.
Step 4: Once the artwork donation has been accepted, the Town and the Donor enter into an
agreement regarding the terms of acceptance based upon the requirements of the Art Acquisition
Criteria.
In general, donations shall be accepted without restrictions or conditions. All accepted donations
will be subject to the Town’s Art Acquisitions Criteria and Decommissioning Policy. All artworks
acquired by the Town shall be covered under the Town’s public art insurance policy for the stated
value.
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V. ART ACQUISITION CRITERIA
Public art is defined as the work of a visual artist located in a publicly accessible space. Public art
includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other
sculpture, fountains, arches and other structures intended for ornament or commemoration,
carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and
crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature.
Public art projects may also include visual or landscape artists serving on design and development
teams to identify opportunities and approaches for incorporating artwork aesthetic concepts into
Town building and visible public improvement projects. Regardless of the method of acquisition,
certain fundamental criteria will be universally applied to any work of art under consideration.
Aesthetics
1. Artistic merit of the work of art, including its artistic, social, and/or historical significance,
as evidenced by the Artwork Donation Application (which includes a written description and
drawings and/or maquette if the artwork is proposed and not fabricated)
2. Professional artist's qualifications, as evidenced by the Artwork Donation Application (which
includes images of past work, resume, references, and published reviews)
3. Compatibility of the work of art within the context of the proposed site
4. Warranty of originality (in the case of a pre-existing artwork; only original works or limited
editions and high aesthetic value shall be considered)
5. Provenance
Site
6. Appropriateness to the proposed site with respect to its immediate and general physical
environment (district, neighborhood) and audience
7. Proposed works of art must be compatible in scale, material, form, and content with their
surroundings. Attention shall be given to the social context of the work and the manner in
which it may interact or contribute to the use of the site.
8. Ecological and/or environmental impact
9. Accessibility to the public, including persons with disabilities
10. Text components (e.g., signage or plaque)
Site Criteria: Prior to selecting a site for an artwork, whether purchased or commissioned, the
PAC and Town staff shall take into consideration the following factors:
11. Visibility and prominence of the artwork site
12. Public accessibility of the artwork and ADA Compliance
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13. Public Safety
14. Interior and exterior traffic patterns
15. Relationship of proposed artwork to existing or future architectural features, natural features,
other artworks, and urban design
16. Function of the facility
17. Facility users and surrounding community and interaction of users and community members
with proposed artwork
18. Future development plans for area
19. Overall program goal or concept
20. Landscape design
21. Relationship of proposed artwork to existing art works within the site vicinity
22. Environmental impact
23. Social context of artwork (intended use of the work, if any)
24. The PAC and Town of Fountain Hills shall approve the artwork location before acquisition
Installation
25. Site requirements for installation (Electricity, lighting, water, or other requirements)
26. Method of installation
27. Documents: Utility connections, site modifications, structural reinforcements or other
engineering requirements or site modifications should be described in the gift proposal and
reflected in the construction plans and specifications. The donor/sponsor is responsible for
providing and submitting engineering and architectural plans, as required according to the
Building Code or as requested by the Commission. Such plans must be prepared, signed and
stamped by the appropriate design professional licensed in the state of Arizona.
28. Storage requirements, if needed
29. Safety standards (Town Risk Management review)
Maintenance
30. Structural integrity (demonstrated through documentation)
31. Review of Fabrication and Installation Method: Works of art that are accepted from
maquettes or drawings will be subject to PAC review throughout fabrication and installation.
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Specific plans for site design, installation, maintenance and protection will be submitted for
approvals. The completed artwork may not deviate in any way from the proposal approved
by the PAC.
32. Durability of materials and method of fabrication
33. Susceptibility of the artwork to accidental damage, theft, and/or vandalism and security needs
34. Ability or capacity to provide necessary routine maintenance
Maintenance Endowment Calculation Contribution
35. All costs associated with fabrication and installation, including site preparation, long-term
preservation, illumination, plaque, and unveiling/dedication event, if any
36. For all works of art located on Town property or donated to the Town, the Donor will
contribute 5% of the total value of the artwork or $5000 (whichever is less) to the Town’s
Public Art Fund. Obtaining an appraisal prior to execution of the agreement is the
responsibility of the Donor, unless otherwise agreed upon by Town and Donor.
37. Statement of value of artwork by a certified appraiser for insurance purposes
38. No artwork will be placed or acquired before all financial obligations are met by the Donor
Liability
39. Susceptibility of the artwork both to normal wear and to vandalism
40. Potential risk to the public
41. Public access, in general, as well as compliance with ADA requirements
42. Special insurance requirements (some extremely valuable artworks need additional
insurance)
Timeliness
43. Allowance of sufficient time for normal review process
44. Timely and appropriate response to the PAC and Town staff requests for additional materials
or information
Memorial Gifts: Memorial gifts will be judged to the following additional criteria:
45. The person so honored shall have been deceased for a minimum of two years. Events shall
have taken place at least two years prior to consideration of a proposed memorial gift.
46. Represents broad community values
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47. The memorial has timeless qualities that will be meaningful to future generations
48. The location under consideration is an appropriate setting for the memorial; in general, there
should be some specific geographic justification for the memorial being located in a specific
site
Acceptable Art: Acceptable forms of art (“Acceptable Art”) shall include but are not necessarily
limited to, the following:
49. All forms of limited edition or one-of-a-kind original creations of visual art created by an
artist
50. Project features and enhancements which are unique and produced by a professional artis t
such as benches and fountains
51. Murals or mosaics covering walls
52. Professional artist sculptures which can be freestanding, wall-supported or suspended and
made of durable materials suitable to the site and the climate
53. Other suitable artworks as presented in a catalogue and previously approved by the PAC
Not Acceptable Art: The following, non-exclusive list describes those items not considered
Acceptable Art:
54. Business logos or art that incorporates a logo for the primary purpose of advertising a
business
55. Directional elements such as supergraphics, signage or color coding except where these
elements are integral parts of the original works of art
56. Mass-produced art objects, such as fountains, statuary objects, or playground equipment
57. Decorative ornamental or functional elements created by the project
58. Landscape architecture or gardening except for elements designed by the artist as an integral
part of the work of art
59. Electrical, water or mechanical service for activation of the works of art
60. Art exhibitions and educational activities
61. Security and publicity concerning works of art
62. Standard landscape or hardscape elements that would normally be associated with the project
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VI. PERCENT FOR PUBLIC ART REQUIREMENT FOR DEVELOPMENT
A. Basic Requirements
1. Developers of any new professional office, lodging projects, retail, service,
commercial, wholesale, transportation, industrial developments, re-developments or expansion
projects and multi-family projects with five or more dwelling units within the Town of Fountain
Hills are required to provide public artwork. The Percent for Public Art contribution shall equal:
1% of Total Construction Cost for projects of $1 million or less;
¾% of Total Construction Cost for projects with a value between $1 million and $10
million; or
½% of Total Construction Cost for projects with a Total Construction Cost over $10
million.
As an alternative to providing public art, developers may make a donation to the Fountain Hills
Public Art Fund in an amount equal to the above calculation. If requested, the PAC and Town
staff will work with the developer to identify an appropriate use of the contribution that will
benefit both the developer and the Town.
2. Developers are not required to make a contribution to the Maintenance
Endowment Calculation for any artwork located on private property. If the artwork is to be
located on public property, the Maintenance Endowment Calculation will apply.
3. The public art requirement must be met prior to the issuance of a Certificate of
Occupancy. Applicants choosing to purchase a piece of art are required to submit a Donation
Application and comply with the Art Acquisition Criteria. The art contribution should be
approved by Town staff and PAC as being in compliance with the ordinance.
4. Artwork selected by the developer to go on site must be integrated with the
project, be located on an exterior of the structure or the building site, be visible to the public at
all times and be accessible for at least 40 hours per week. The location of the artwork should be
in an outdoor location to allow unrestricted visibility by the public 24 hours per day.
5. A plaque will be placed that will identify the art and the artist.
B. Total Construction Cost Calculation
Total Construction Cost, as used in the Calculation for Percent for Public Art, includes hard costs
of construction, site work and signage costs.
C. Eligible Costs for Calculating the Contribution
The following costs may be included in the calculation of the developer’s required art
investment.
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1. Professional artist’s budget, including artist fees, materials, assistants’ labor costs,
insurance, permits, taxes, business, legal expenses and operating costs.
2. Fabrication and installation of the artwork, including base and/or foundation if necessary.
3. Site preparation for artwork.
4. Structures enabling the artist to display the artwork.
5. Documentation of the artwork.
6. Acknowledgment plaque identifying the artist, artwork and development, per Town
format.
D. Responsibility After Installation
1. Art located on the developer’s property will remain the developer’s property, subject to a
covenant on the part of the developer that the piece will remain in public view. It will be
the developer’s and subsequent property owner’s responsibility to insure and maintain the
piece of art. The insured value must equal the appraised value. Developer will be cognizant
of the federal Visual Artists Rights Act, which prevents the distortion or modification of
an artwork without the artist’s permission.
2. If any changes are considered by the property owner for the previously approved artwork
located on site, an application for consideration of change must be submitted to the PAC.
All submitted changes are subject to full review by the PAC and Town Council.
3. Art located on Town-owned property shall become the property of the Town. The artwork
location will be reviewed by the Town’s Facilities Division and other staff to ensure
compliance with American with Disabilities Act (ADA), and to minimize conflicts with
public utilities in Town rights-of-way. The Town will insure and maintain all pieces on
Town-owned property.
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VII. ACQUIRING ART THROUGH ARTISTS SELECTION OR PURCHASE
The PAC will identify potential art projects or art purchase opportunities. Any recommendation to
the PAC regarding the acquisition of a piece of art shall identify the potential source of funds for
such acquisition. Such source of funds may include the funds deposited in the Fountain Hills
Public Art Fund.
1. The PAC will decide which projects or purchases will be recommended to the Town
Council as required in the Artwork Donation Process. The Town Council will have the
final decision, acting in its sole discretion, to determine (i) which projects or purchases will
be undertaken and (ii) if the recommendation includes the use of funds from the Fountain
Hills Public Art Fund, whether the use of such funds is appropriate.
2. If the Town Council approves moving forward with a project or purchase, the PAC will
assume the role of an independent selection panel. The PAC will choose the most
appropriate method for a given project or purchase from among the following options:
a. Open Competition. This method offers opportunities in which any professional artist
is eligible to enter. A Project Profile, an announcement with information about the
project, will be circulated, requesting artist proposals for review by the selection
panel.
b. Invitational or Limited Competition. This two-staged competition calls for artists to
submit qualifications (documentation of past work) for the selection panel’s
consideration, instead of a proposal. The panel selects three to five artists to visit the
site and develop detailed proposals or to participate in an interview process. The
artists may be paid for their proposals and site visits based on a percentage of the
project budget. The panel then reconvenes to select an artist and/or proposal.
c. Direct Selection and Nominations. In this method, the panel selects one artist on the
basis of documentation of past work. The pool of work reviewed can be solicited
through a call-to-artists or by using an existing artist slide bank. The artist is selected
by the PAC and a recommendation is presented to the FHCCA and Town Council
for approval. PAC will then negotiate a contract for the development of a proposal.
d. Direct Purchase. A method that results in the purchase of already completed
artworks, based upon the PAC’s recommendations.
3. Upon Town Council approval of any public art project or purchase, the PAC will contact
the selected artist or artist’s agent. The PAC will prepare an invoice or contract between
the FHCCA and the artist covering the entire scope of work to be performed, and specifying
all fees to be paid, including, those for any travel expenses, shipping and/or installation
charges. If the Fountain Hills Public Art Fund is to be used for all or a portion of the
acquisition cost, the aforementioned invoice or contract shall be entered into between the
Town and the artist, and the Town Attorney shall prepare the invoice or contract with input
from the PAC as to the appropriate scope of work to be performed, fees to be paid, travel
expenses to be reimbursed and shipping and/or installation charges to be paid. If both the
Fountain Hills Public Art Fund and FHCCA funds are to be used for acquisition and/or
installation, the FHCCA shall contribute its portion to the Town prior to the date the Town
is required to pay the final invoice.
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4. Working in cooperation with appropriate Town staff and/or commissions, the PAC will
assume responsibility for project management: overseeing the purchase, shipment and
installation of selected art work, or the design, fabrication and installation of a
commissioned project.
5. According to the payment schedule stipulated in the contract, the PAC will be responsible
for paying all project fees in a timely fashion, except for those installation fees agreed to be
covered by the Town through a separate agreement.
6. Upon completion of the purchase or project, the PAC will arrange a public dedication and
formal transfer of ownership to the Town.
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VIII. TEMPORARY OR TRAVELING EXHIBITIONS
From time to time, the PAC may make arrangements for temporary works of art to be displayed in
select locations. These Temporary or Travelling Exhibitions may be installed to celebrate a current
cultural, social or civic event, or may represent art that is available on a temporary basis that can
bring a new, thoughtful perspective to the Fountain Hills Public Art Collection.
Considerations for selection of a Temporary or Travelling Exhibition might include:
1. Costs: Costs associated with these Temporary Exhibits may be either borne by private
donors or the Public Art Fund. In the event there might be costs to be borne by the Town
of Fountain Hills from the Public Art Fund, the PAC shall make a request for funds in
advance of any commitments to display the work. These costs might include but may not
be limited to honorariums paid to artists, installation costs, maintenance, lighting, plaque
costs or insurance costs.
2. Selection: The Selection Criteria shall be similar to those outlined in Article VII Acquiring
Art Through Artists Selection or Purchase.
3. Additional Criteria in a Call to Artists for the purpose of the temporary status might include:
a. Length of time to be displayed.
b. Whether or not the artwork may be sold during the exhibition or as a function of the
exhibition. In such event, the work will be required to remain on site during the full
length of the exhibition.
c. Manner in which the artist may advertise or promote themselves or the work.
d. Requirement for insurance to be carried by the artist.
e. Requirement of the Artist to be present for installation, de-installation and
Dedication of the Exhibition.
f. An appropriate disclaimer created by legal counsel of the Town of Fountain Hills
pertaining to the Artists release of liability for damage or destruction while on
display.
18
IX. GIFT AND SALE OF ARTWORKS
The Gift and Sale of Art Program is established to allow the public to donate works of art to the
Town of Fountain Hills that may or will be sold for the benefit of Public Art Fund. When the PAC
determines that it would be advantageous to the Town, a gifted work of art may be acquired and
sold.
1. Sale at Public Auction: A work of art under the jurisdiction of the Town may be sold at
public auction to the highest and best bidder and the PAC may contract with a licensed
auctioneer for the purpose of conducting the sale or sales. The contract shall specif y the
compensation to be paid for the auctioneer's services and set forth the terms and conditions
under which the sale or sales are to be conducted. Each such contract shall be approved by
the Purchaser.
2. Private Sale: If the work is offered at public auction and no bids are received, or if the bids
are rejected, the PAC may determine that the work may be sold on terms more advantageous
to the Town.
3. Proceeds from Sale of Artwork: All proceeds from any sale or auction, shall be credited to
the Public Art Fund, and the monies contributed to the fund from the sale of a work of art
under the jurisdiction of the Town shall be expended exclusively for the purpose of acquiring
or maintaining works of art in the Collection.
4. Objects may not be given or sold privately to Town employees, officers, members of the
Commission, or to their representatives or family.
Other Considerations: If, for any reason, the Town of Fountain Hills finds it necessary to pursue
plans that would modify, remove, destroy or in any way alter an artwork, and the PAC approves
such action, then the PAC shall make a reasonable effort to notify the artist by registered mail of
the Town's intent and outline possible options, which include, but are not limited to the following:
1. Transfer of Title to the Artist: The artist will be given the first option of having the title to the
artwork transferred to him/her. If the artist elects to pursue title transfer, he/she is responsible
for the object's removal and all associated costs.
2. Disclaim Authorship: In the case where the Town contemplates action which would
compromise the integrity of the artwork, the artist shall be given the opportunity to disclaim
authorship and request that his/her name not be used in connection with the given work.
Alteration, Modification or Destruction: If alteration, modification, or destruction of an artwork
protected under the Visual Artists Rights Act of 1990 is contemplated, the PAC must secure a
written waiver of the artist's rights under this section. In the case of an emergency removal that
may result in destruction or irreparable damage, the Town will act in accordance with the advice of
the Town Attorney.
Relocation of Public Display: If the Town decides that an artwork must be removed from its
original site, and if its condition is such that it could be re-installed, the PAC and Town will
attempt to identify another appropriate site. If the artwork was designed for a specific site, the PAC
and Town will attempt to relocate the work to a new site consistent with the artist's intention. If
19
possible, the artist's assistance will be requested to help make this determination.
The Town and PAC reserve the right to relocate or remove any artwork at any time. The final
decision regarding the placement of artwork will rest with the Town and PAC.
20
X. DECOMMISSIONING POLICY
Conditions: A work of art may be considered for removal from public display and/or
decommissioning if one or more of the following conditions apply:
1. The work does not fit within the PAC mission, goals, or guidelines for the Art Collection.
2. The work presents a threat to public safety.
3. Condition or security of the work cannot be guaranteed, or the Town cannot properly care
for or store the work.
4. The work requires excessive or unreasonable maintenance or has faults in design or
workmanship.
5. The condition of the work requires restoration in gross excess of its aesthetic value or is in
such a deteriorated state that restoration would prove either unfeasible, impractical or
misleading.
6. No suitable site for the work is available, or significant changes in the use or character of
design of the site affect the integrity of the work.
7. The work is fraudulent or not authentic.
8. The work is rarely or never displayed.
9. Significant adverse public reaction over an extended period of time (5 years or more).
10. The work is judged to have little or no aesthetic and/or historical or cultural value.
11. The work is duplicative in a large holding of work of that type or of that artist.
Process: The following process shall be followed for works being considered for
decommissioning:
Absence of Restrictions: Before disposing of any objects from the collections, reasonable efforts
shall be made to ascertain that the PAC and the Town are legally free to do so. Where restrictions
are found to apply, the PAC shall comply with the following:
Mandatory restrictions shall be observed unless deviation from their terms is authorized by a court
of competent jurisdiction.
Objects to which restrictions apply should not be disposed of until reasonable efforts are made to
comply with the restrictive conditions. If practical and reasonable to do so, considering the value of
the objects in question, the PAC should notify the donor if it intends to dispose of such objects
within ten years of receiving the gift. If there is any question as to the intent or force of restrictions,
the PAC shall, through Town staff, seek the advice of the Town Attorney.
21
Independent Appraisal or other documentation of the value of the artwork: Prior to
disposition of any object having a value of $10,000 or more, PAC and/or Town staff should obtain
an independent professional appraisal, or an estimate of the value of the work based on recent
documentation of gallery and auction sales.
Related Professional Opinions: In cases of where decommissioning or removal is recommended
due to deterioration, threat to public safety, ongoing controversy, or lack of artistic quality, it is
recommended that the PAC seek the opinions of independent professionals qualified to comment
on the concern prompting review (conservators, engineers, architects, critics, safety experts etc.).
PAC Hearing and Resolution: The recommendation to decommission a work of art will be
considered at a regular or special meeting of the PAC. The Town must approve by Resolution the
PAC’s recommendation that a work of art under its jurisdiction should be decommissioned through
sale or exchange.
Provisions for Emergency Removal: In the event that the structural integrity or condition of an
artwork is such that, in the opinion of the PAC or Town staff, the artwork presents an eminent
threat to public safety, the Town may authorize its immediate removal, without the artist's consent,
by declaring a State of Emergency, and have the work placed in temporary storage. The artist and
the PAC must be notified of this action within 30 days. The PAC will then consider options for
disposition: repair, reinstallation, maintenance provisions or decommissioning. In the event that the
artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s
Agreement with the Town has not waived his/her rights under the 1990 Visual Artists’ Protection
Act, the Town must attempt to gain such written permission before proceeding. In the event that
this cannot be accomplished before action is required in order to protect the public health and
safety, the Town shall proceed according to the advice of the Town Attorney.
Adequate Records: An adequate record of the conditions and circumstances under which objects
are decommissioned and disposed of should be made and retained as part of the Collections
Management records.
22
ARTWORK DONATION APPLICATION
Use this form to submit proposals for permanent artwork donations or short-term or long-term
loans. Thank you for your interest in donating artwork to the Town of Fountain Hills, Arizona.
Please direct any questions, and complete and submit this application to:
Name:________________________________________________________________________
Address: ___________________________________________ Phone: ____________________
Email Address: _________________________________________________________________
Please attach additional sheets. The Town reserves the right to request additional information
in order to process a donation proposal.
DONOR
Name(s)
Organization (if applicable):
(Please check one: ___ Individual(s) ___ Corporation ___ Not-for-Profit ___Other (specify: _______________________________)
Address
City State Zip Code Country
Phone Fax Email
(Please check one):
Donation of artwork to be commissioned
______ Donation of existing artwork
Donation for Development Percent for Public Art (Please go to Percent for Development Option)
Conflict of Interest: Disclose whether the donor has any active contracts with the Town or is involved
in any stage of negotiations for a Town contract.
ARTIST
Name Alias (If applicable)
Nationality Birth Date Death Date (If applicable)
Address
City State Zip Code Country
Phone Fax Email
Website
23
Artist Representation/Gallery Name (If applicable)
Artist Representation/Gallery Address
City State Zip Code Country
Phone Fax Email
Website
For donations of commissioned artwork, please explain the method used in the selection of the artist.
ARTWORK
Title
Artwork type (e.g., painting, print, drawing, sculpture) Medium: include all materials
Description of Artwork
Creation Date Dimensions and Weight
Anticipated Life Expectancy of the Artwork
Finishes applied to surface
Construction technique(s)
If this artwork is part of a series or group, what is the total number in the series or group?
If this artwork is part of an edition, what is the edition number of this piece, and the total edition size?
Describe frame, if any.
Describe base or pedestal, if any.
24
Describe any accompanying accessories
Current location of artwork
Proposed site for placement (if applicable)
For memorials, describe the person or event to be commemorated, and explain why this person or
event deserves special recognition.
ARTWORK HISTORY
Provenance/Past Owners: List all past owners and period of ownership for each. A separate page can
be submitted.
Exhibition History: List the exhibition history including exhibition titles, venues and dates for each.
Publications and References: List all publications about and references to the artwork.
COPYRIGHT OWNERSHIP
Name of current copyright owner Title
Address
City State Zip Code Country
Phone Fax Email
If the donor is the current copyright owner, does the donor intend to transfer the copyright to the
Town of Fountain Hills should the donation be accepted by the Town?
ARTWORK VALUATION (per appraisal)
25
Fair Market Value $
How was this fair market value determined and by whom?
CONDITION
Describe the current condition of the artwork noting any existing breaks, tears, scratches, abrasions,
paint losses, or other insecurities or defects in the artwork.
If the artwork has been conserved, describe the conservation treatment and name of conservator.
Provide recommendations for routine maintenance of artwork. Indicate whether these recommendations
were provided by a conservator.
(Optional) Provide recommendations for security, installation, transportation and/or
storage.
For donations of commissioned artwork, please outline the installation plan.
OTHER REQUIRED MATERIALS
Please submit the following materials along with this completed form.
Artist’s résumé and bio
Digital, color images of past artwork by artist
For commissioned artwork, color renderings or maquettes of proposed artwork
Maps or images of proposed site for artwork
Itemized list of any costs to be borne by the Town for transportation, installation, exhibition,
operation,
maintenance, conservation, and/or security
For commissioned artwork, an itemized budget for design, fabrication, and installation
For commissioned artwork, a timeline for design, fabrication, and installation
26
Exhibition catalogs, publications and/or references, if available
Formal, written appraisal for any artwork with a fair market value of $10,000 or more
Condition report, if available
Conservator’s report, if applicable
Proof of authenticity, if available
Any other information relevant to the artwork
DEVELOPMENT PERCENT FOR PUBLIC ART
(_____________)
Development
Description
Total Project Cost as Determined by Town Staff
$__________________
Total Calculated Percent Requirement as Determined by Town Staff
1% of Total Project Cost for projects of $1 million or less;
¾% of Total Project Cost for projects with a value between $1 million and $10 million; or
½% of Total Project Cost for projects with a Total Construction Cost over $10 million.
$__________________
(Please check one):
Developer chooses to make donation to Public Art Fund
Amount Received $ ___________________Payment Type________________________
Developer chooses to meet percent requirement with on-site art installation (please fill out Artwork
Donation Application and reference the Town of Fountain Hills Public Art Master Plan.)
Developer chooses to donate an artwork to the Town of Fountain Hills (please fill out Artwork Donation
Application and reference the Town of Fountain Hills Public Art Master Plan.)
27
DONOR’S AUTHORIZATION TO INITIATE A DONATION REVIEW
Authorized signature Title
Print name Date
STAFF ONLY
Received by Date
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approval of budget transfers for the Special Revenue Fund, Tourism Fund, and
Capital Project Fund.
Staff Summary (Background)
Throughout the fiscal year, it is sometimes necessary to transfer funds from one budget account to
another. In most cases, the funds to be transferred are within the same department and can be made
administratively without the need to request Town Council approval. The following transfers are
needed to move budget between departments and between funds.
$22,905 from Special Revenue Administration (SRAD) to the Tourism Fund (TOURISM) to use
excess Prop 202 grant funding received to reimburse MusicFest expenditures
$301,000 from Capital Project D6057 Golden Eagle Impoundment (CIPSTO) to P3045 Four Peaks
Parking Lot (CIPPR) to cover additional scope of work
Related Ordinance, Policy or Guiding Principle
Town Council approved financial policies and best practices.
Risk Analysis
If not approved, the budgets for the Special Revenue Fund, Tourism Fund, and Capital Project Fund could
be exceeded.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the budget transfer as requested.
SUGGESTED MOTION
MOVE to approve the attached budget transfer as requested.
Attachments
Capital Project Transfer
Tourism Transfer
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 04/20/2022 02:59 PM
Town Attorney Aaron D. Arnson 04/20/2022 03:17 PM
Town Manager Grady E. Miller 04/22/2022 03:04 PM
Form Started By: David Pock Started On: 04/20/2022 02:45 PM
Final Approval Date: 04/22/2022
04/20/2022 14:49 |TOWN OF FOUNTAIN HILLS |P 1
BBogdan |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 11 2 05/03/2022 INCREASE BUA P3045 1 1
1 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 751,910.00 -301,000.00 450,910.00
600-40-30-304-000-1960-8085-D6057 MOVE TO P3045 05/03/2022
2 CIPPR 8070 P3045 PARK & REC CAP PROJECTS PARK IMPROVEMENTS 65,000.00 301,000.00 366,000.00
600-50-50-502-000-1602-8070-P3045 MOVE FROM D6057 05/03/2022
** JOURNAL TOTAL 0.00
03/30/2022 10:49 |TOWN OF FOUNTAIN HILLS |P 1
BBogdan |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 09 150 03/30/2022 GRANTS BUA TOURISM 1 7
1 TOURISM 4401 G5201 TOURISM GRANTS -25,000.00 -7,905.00 -32,905.00
320-10-10-107-100-2005-4401-G5201 INCREASE TO ESTIMATE 03/30/2022
2 TOURISM 6410 G5201 TOURISM ADVERTISING/SIGNAGE 20,000.00 7,905.00 27,905.00
320-10-10-107-100-2005-6410-G5201 INCREASE TO ESTIMATE 03/30/2022
3 TOURISM 4430 G5202 TOURISM PROP 202/GAMING REV -20,000.00 -10,000.00 -30,000.00
320-10-10-107-100-2005-4430-G5202 INCREASE TO AWARDED 03/30/2022
4 TOURISM 6416 G5202 TOURISM COMMUNITY CONTRACTS/EVENTS .00 10,000.00 10,000.00
320-10-10-107-100-2005-6416-G5202 INCREASE TO AWARDED 03/30/2022
5 TOURISM 4430 G5204 TOURISM PROP 202/GAMING REV -5,000.00 -5,000.00 -10,000.00
320-10-10-107-100-2005-4430-G5204 INCREASE TO AWARDED 03/30/2022
6 TOURISM 6410 G5204 TOURISM ADVERTISING/SIGNAGE 5,000.00 5,000.00 10,000.00
320-10-10-107-100-2005-6410-G5204 INCREASE TO AWARDED 03/30/2022
7 SRAD 4401 SPEC REV-ADMIN GRANTS -1,000,000.00 22,905.00 -977,095.00
400-10-10-105-000-0710-4401- TOURISM GRANTS 03/30/2022
8 SRAD 7010 SPEC REV-ADMIN CONTINGENCY 500,000.00 -22,905.00 477,095.00
400-10-10-105-000-0710-7010- TOURISM GRANTS 03/30/2022
** JOURNAL TOTAL 0.00
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: David Pock, Finance Director
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adopting Resolution 2022-18 of the Mayor and Council of the Town of Fountain
Hills, Arizona, setting forth the Tentative Budget and establishing the maximum budget amount for the
Town of Fountain Hills for the fiscal year beginning July 1, 2022, and ending June 30, 2023.
Staff Summary (background)
The proposed Fiscal Year 2022-23 budget was presented to the Town Council at the budget workshop on
April 12, 2022. The total proposed expenditure for all funds is $46.1 million. Resolution 2021-13
establishes $46.1 million as the maximum amount of expenditures for Fiscal Year 22-23. After approval
of this Resolution, changes to the budget can be made within line items, but the total amount cannot
exceed $46.1 million. The Tentative Budget includes $4.4M in contingency expenditure authority for the
General Fund. This contingency provides the Town with flexibility in the case of unforeseen events, such
as emergency infrastructure repairs due to a storm. However, contingency can only be used if there are
adequate financial resources available. Quarterly budget updates, including revenue collections, will be
provided to the Town Council at the end of each quarter.
Related Ordinance, Policy or Guiding Principle
A.R.S. 42-17102
Risk Analysis
If not approved, the Town will not be in compliance with state statute.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2022-18.
SUGGESTED MOTION
MOVE to adopt Resolution 2022-18.
MOVE to adopt Resolution 2022-18.
Attachments
Presentation
RES 2022-18
2022-018 Exhibit A
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 04/21/2022 04:13 PM
Town Attorney Aaron D. Arnson 04/21/2022 04:17 PM
Town Manager Grady E. Miller 04/25/2022 05:38 PM
Form Started By: David Pock Started On: 04/21/2022 03:51 PM
Final Approval Date: 04/25/2022
TO WN O F F O UNTAIN H ILLS
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
FY23 Tentative Budget
David Pock, Finance Director
May 3, 2022
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Accounts for 61% of budgeted revenue in General Fund
$0
$200
$400
$600
$800
$1,000
$1,200
$1,400
$1,600
$1,800
$2,000
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
1 2 3 4 5 6 7 8 9 10 11 12ThousandsTotal TPT Collections by Fiscal Year & Period
2018 2019 2020 2021 2022
•Total Sales Tax (TPT) for All
Funds
•$12.8M Collected
•$12.1M Budgeted
•Construction
•$1.3M Collected
•78% of budget-to-date
•Utilities/Communications
•$1.2M Collected
•104% of budget-to-date
•Wholesale/Retail
•$7.2M Collected
•102% of budget-to-date
•Real Estate
•$827K Collected
•97% of budget-to-date
•Restaurant/Bars
•$1.0M Collected
•144% of budget-to-date
•Services
•$1.3M Collected
•173% of budget-to-date
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Notes & Updates to Proposed Budget
•Included in the Proposed Budget was a 4% cost -of-living increase effective July 1st
•State-shared revenue estimates were received and resulted in a net increase to revenue of $1.2M
•Additional contingency was added to the Special Revenue Fund in the event infrastructure grants are received.
•Overall budget for all funds increased by $5.4M due to the increased revenue in the General Fund and grant contingency added above
•Safe Routes to School studies that were added to CIP have been moved to Streets Fund since actual projects have not been identified
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Overall Budget Considerations
•Tentative Budget Book is available on the Town’s website
•Budget authority is not the same as fund balance
•If revenues do not meet expectations, contingency and/or
expenditures must be reduced to maintain existing fund balance
•Tentative Budget being adopting tonight sets the absolute maximum
amount of FY23 expenditures from all funds at $46,142,486
•Final Budget to be adopted on June 7th may reduce the amount of
expenditures previously approved in the Tentative Budget, but it can’t
increase them
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Revenue Assumptions
•Staff remains conservative when estimating revenues
•Revenues from prior years are used to develop trends and forecasts
using a 98% confidence level
•Revenues are not included for anticipated or incomplete construction
projects (i.e. TPT for The Havenly)
•The Town uses state-shared revenue estimates provided by the
Arizona League of Cities/Towns, which is based on estimates provided
to them by the Arizona Departments of Revenue and Transportation
TO WN O F F O UNTAIN H ILLS
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
General Fund
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
General Fund
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
General Fund -Revenues
Name FY2022
Adopted Budget
FY2023
Budgeted
FY2022 Adopted vs.
FY2023 Budgeted
(% Change)
Revenue Source
Taxes $13,826,923 $14,426,223 4.3%
Intergovernmental Revenue $7,197,376 $8,835,447 22.8%
Licenses & Permits $831,786 $664,973 -20.1%
Leases & Rents $282,379 $299,872 6.2%
Charges For Services $235,475 $243,475 3.4%
Other $91,355 $105,265 15.2%
Fines & Forfeitures $189,000 $205,000 8.5%
Investment Earnings $24,000 $24,000 0%
Total Revenue Source:$22,678,294 $24,804,255 9.4%
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Expenditure Considerations
•Effects of inflation could cause more than usual amounts of
contingency to be used in FY23
•Contingency
o Included in General Government
o Provides budget authority for increased operating costs and/or
unforeseen expenditures only if expected revenues are received
o $4.4M included for FY22-23
•General Fund Expenditures excluding Contingency
o $19.7M for FY21-22*
o $20.4M for FY22-23
*including public safety contracts from Grants Fund
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Non -Personnel On-Going Supplements
Request Title Department FY2023 Cost
Town Manager
Recommended Offset
Increase Arizona Business Advisors Contract Administration $ 15,000 $ 15,000 $ (15,000)
Safety and Sanitizing Operating Supplies Comm Ctr Operations 5,000 5,000 0
Senior Space Software Annual Subscription Community Services 3,500 3,500 0
Holiday Lighting Community Services 15,000 15,000 (15,000)
Season's Celebration 2022 Event Supplement Community Services 2,500 2,500 0
Add'l Features for Courtroom Audio/Visual Court Operations 2,050 2,050 (2,050)
Court Security Court Operations 21,000 21,000 (21,000)
Tourism Digital Passport Program Economic Development 15,000 0 0
Business Retention & Expansion CRM Economic Development 8,000 8,000 0
Microsoft 365 Subscription Information Tech 20,000 20,000 0
ChatBot Citizen Communications online tool Public Information 4,500 0 0
See Click Fix -Service Request & Work Orders Public Information 22,250 22,250 0
Janitorial Services Budget Supplement Public Works 32,000 32,000 0
Facility Maintenance Base Budget Increase Public Works 75,000 50,000 0
Biz Hub Facilities Public Works 75,000 75,000 TBD
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Non -Personnel On -Going Supplements
Request Title Department FY2023 Cost
Town Manager
Recommended Offset
Youth and Sport Program Marketing Recreation 1,000 1,000 0
Teen Events Recreation 2,500 2,500 0
Sport Events at Golden Eagle Park Recreation 3,800 3,800 (1,000)
Mayor's Youth Council -Conferences/Team Build Recreation 2,000 2,000 0
Recreation Scholarship Fund Recreation 5,000 5,000 0
Advertisement and Marketing Recreation 1,000 1,000 0
Roll in the Glow Recreation 5,000 2,500 0
Concerts on the Avenue (Fall & Spring)Recreation 7,000 7,000 (6,000)
Music Fest (Contingency if grant not received)Recreation 37,000 37,000 (37,000)
Fourth at the Fountain Recreation 15,000 15,000 0
Irish Fountain Fest Recreation 3,000 3,000 0
Spooky Blast Recreation 3,400 3,500 (2,500)
Turkey Trot Recreation 3,260 3,000 (3,260)
Eggstravaganza Recreation 2,485 2,500 (1,500)
Back to School Bash Recreation 6,300 6,000 (2,500)
Contracted Instructors Background Check Recreation 500 500 0
$ 414,045 $ 366,600 (106,810)
$ 259,790
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Non -Personnel One -Time Supplements
Request Title Department FY2023 Cost
Town Manager
Recommended Offset
Chair Replacement Comm Ctr Operations $ 65,000 $ 65,000 $ -
Comm Center-High Top Tables and Cart Comm Ctr Operations 2,500 2,500 0
AV Equipment for the Classrooms Comm Ctr Operations 92,000 80,000 0
Contracted Inspections (Non-Reimbursed)Development Services 100,000 100,000 0
Tourism Website Update Economic Development 16,000 16,000 0
Short & L/T Rental Compliance Software Economic Development 12,000 12,000 0
Streetlight Banner Signage Economic Development 10,000 10,000 10,000
Graphic Design and Printing for Econ Dev Economic Development 5,000 5,000 5,000
Special Events Command Trailer Fire 165,000 0 0
Urban Response Utility Vehicle Fire 46,000 35,000 0
Brush Truck Pump Skid Fire 20,000 20,000 0
Turnout Dryer Fire 5,700 5,700 0
Fountain Park Utility Vehicle Parks 25,000 25,000 0
NRPA -Park staff Parks 1,000 1,000 0
Audio-Visual production equipment Public Information 3,000 3,000 0
Town Logo/Visual Rebranding Public Information 20,000 20,000 0
Town Clerk Minutes Town Clerk 18,000 18,000 0
2022 Primary/Special/General Elections Town Clerk 13,000 13,000 0
$ 619,200 $ 431,200 (15,000)
$ 416,200
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Personnel Supplements
Request Title Department FY2023 Cost
Town Manager
Recommended
Senior Services Activities Coordinator P/T Community Services $ 21,117 $ 21,117
Recreation Specialist –P/T Recreation 23,288 0
Recreation Program Coordinator F/T Recreation 80,921 0
Facilities Maintenance Technician F/T Public Works 82,203 82,203
Building Safety Permit Technician P/T to F/T Development Services 26,218 26,218
Code Enforcement Officer P/T Weekends Code Compliance 30,859 30,859
Building Inspector F/T Building Safety 129,120 0
IT Support Specialist to 3/4-Time Information Tech 16,879 16,879
Part Time Court Clerk –Two Positions*Court Operations 45,064 45,064
$ 455,669 $ 222,340
*One P/T position has been contracted in the past
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
General Fund -Expenditures
Name FY2022
Adopted Budget FY2023 Budgeted
FY2022 Adopted vs.
FY2023 Budgeted
(% Change)
Expenditures
General Government $7,606,494 $8,337,335 9.6%
Development Services $1,183,416 $1,359,678 14.9%
Public Safety $9,440,884 $9,913,870 5%
Public Works $1,251,933 $1,497,800 19.6%
Culture & Recreation $3,195,569 $3,695,572 15.6%
Total Expenditures:$22,678,296 $24,804,255 9.4%
TO WN O F F O UNTAIN H ILLS
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Streets Fund
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Streets Fund
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Streets Fund -Revenues
Name FY2022
Adopted Budget
FY2023
Budgeted
FY2022 Adopted vs.
FY2023 Budgeted
(% Change)
Revenue Source
Taxes $1,145,328 $1,197,552 4.6%
Transfers In $2,000,000 $0 -100%
Intergovernmental Revenue $2,494,416 $2,679,005 7.4%
Charges For Services $200,000 $100,000 -50%
Other $31,000 $31,000 0%
Investment Earnings $24,000 $10,000 -58.3%
Total Revenue Source:$5,894,744 $4,017,557 -31.8%
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Streets Fund -Expenditures
Name FY2022
Adopted Budget
FY2023
Budgeted
FY2022 Adopted vs.
FY2023 Budgeted
(% Change)
Expense Objects
Payroll Expenses $605,735 $653,387 7.9%
Other Expenses $4,977,479 $4,991,371 0.3%
Internal Service $63,352 $63,352 0%
Contingency $200,000 $200,000 0%
Total Expense Objects:$5,846,566 $5,908,110 1.1%
TO WN O F F O UNTAIN H ILLS
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Capital Projects Fund
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Capital Projects Fund
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
FY23 Capital Projects
Cost
Total FY23 Capital Projects $7,713,200
Funding Sources:
FY22 Capital Projects Fund Balance 4,410,100*
FY22 Excess General Fund Revenues Over Expenditures 3,500,000*
FY22 Construction Transaction Privilege Tax 1,142,000*
Grants TBD
Development Fees 275,000
Total Available for Capital Projects $9,327,100
* Conservative estimates
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
FY23 Capital Projects
Public Works Requests
•Sidewalk Infill and Design $ 300,000
•Saguaro & La Montana Intersection Improvements $ 150,000
•Palisades & La Montana Intersection Improvements $ 150,000
•Miscellaneous Drainage Improvements $
50,000
•Golden Eagle Impoundment Area Improvements $
1,500,000
•Phase II Panorama Drive Storm Drain Improvements $ 1,025,000
•Brantley Detention Basin $ 450,000
•Town Wide Storm Water Infrastructure Rehabilitation $
150,000
•Pedestrian Access & Lake Overlook $ 131,800
•Video Surveillance Cameras $ 75,000
•Wayfinding Signs $ 235,000
•Saguaro and Avenue of the Fountains Roundabout $ 260,600
•Community Center Renovations Phase II $
275,000
•Fountain Hills Area Drainage Master Planning and Design $
150,000
Total: $4,902,400
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
FY23 Capital Projects
Parks Requests
•Fountain Park $ 211,000
•Four Peaks Park $ 235,000
•Desert Vista Park $ 940,000*
•Golden Eagle Park $ 850,000
•Fountain Park Sidewalk Replacement $
100,000
•Desert Vista Dog Park Drainage Improvements $
75,000
•Centennial Pavilion $ 275,000
Total: $ 2,686,000FY23 Capital Projects Summary
•Public Works Requests $
4,902,400
•Parks Requests $
2,686,000
Total: $ 7,588,400*$275K from Park Dev Fees
TO WN O F F O UNTAIN H ILLS
WWW.FOUNTAINHILLSAZ.GOV/BUDGET
Questions
RESOLUTION 2022-18
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, SETTING FORTH THE TENTATIVE BUDGET
AND ESTABLISHING THE MAXIMUM BUDGET AMOUNT FOR THE TOWN OF
FOUNTAIN HILLS FOR THE FISCAL YEAR BEGINNING JULY 1, 2022, AND
ENDING JUNE 30, 2023
RECITALS:
WHEREAS, pursuant to the provisions of the laws of the State of Arizona, the Mayor and Council
of the Town of Fountain Hills (the “Town Council”) are required to adopt a budget for each fiscal
year; and
WHEREAS, in accordance with ARIZ. REV. STAT. § 42-17102, the Town Manager has prepared,
and filed with the Town Council, the Town Manager’s budget estimates for the fiscal year
beginning July 1, 2022, and ending June 30, 2023.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN 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 statements and schedules attached hereto as Exhibit A and incorporated
herein by reference are hereby adopted as the Town’s official tentative budget for the fiscal year
beginning July 1, 2022, and ending June 30, 2023, including the establishment of the maximum
budget amount for such fiscal year in the amount of $46,142,486.
SECTION 3. Upon approval of the Town Council, the Town Manager or designee shall publish
in the official Town newspaper once a week for two consecutive weeks (i) the official tentative
budget and (ii) a notice, in the form attached as Exhibit B and incorporated herein by reference,
of the public hearing of the Town Council to hear taxpayers and make tax levies at designated
times and places. The notice shall include the physical addresses of the Fountain Hills Town Hall,
the Fountain Hills branch of the Maricopa County Library and the Town website where the
tentative budget may be found.
SECTION 4. The Town Manager or designee shall, no later than seven business days after the
date of this Resolution, (i) make available at the Fountain Hills Town Hall and the Fountain Hills
branch of the Maricopa County Library a complete copy of the tentative budget, and (ii) post the
tentative budget in a prominent location on the Town’s website.
SECTION 5. 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.
RESOLUTION NO. 2022-18 PAGE 2
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this
3rd day of May, 2022.
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, Pierce Coleman PLLC
Town Attorney
EXHIBIT A
TO
RESOLUTION 2022-18
[Tentative Budget]
See following pages.
EXHIBIT B
TO
RESOLUTION 2022-18
[Notice]
See following page.
Town of Fountain Hills
Notice of Public Hearing
Final Budget Adoption and Tax Levy
On June 7, 2022, beginning at 5:25 p.m.in the Town Hall Council Chambers, 16705 E. Avenue
of the Fountains, Fountain Hills, Arizona 85268, public hearings will be held to allow members of
the public to appear and testify or make inquiries regarding Fiscal Year 2022-23 Budgets for (i)
the Town of Fountain Hills, (ii) the Eagle Mountain Community Facilities District Board, and (iii)
the Cottonwoods Maintenance District Board.
On June 21, 2022, beginning at 5:25 p.m.in the Town Hall Council Chambers, 16705 E. Avenue
of the Fountains, Fountain Hills, Arizona 85268, the Cottonwoods Maintenance District Board
will adopt their property tax levy for the Fiscal Year beginning July 1, 2022, and ending June 30,
2023.
A complete copy of the each of the budgets for the Fiscal Year 2022-23 may be viewed at:
1. Fountain Hills Town Hall (2nd floor), 16705 E. Avenue of the Fountains, Fountain Hills,
Arizona 85268
2. Fountain Hills Maricopa County Branch Library, 12901 LaMontana Drive, Fountain
Hills, Arizona 85268
3. The Town of Fountain Hills website at: www.fountainhillsaz.gov
Anyone wishing to respond may do so in person at the meetings or in writing prior to the date of
the June 7, 2022, and June 21, 2022, meetings by delivering the written comments to the Town
Clerk’s office, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268.
Official Budget Forms
Town of Fountain Hills
Fiscal year 2023
3/22 Arizona Auditor General Official Town Budget Forms
Town of Fountain Hills
Table of Contents
Fiscal year 2023
Schedule A—Summary Schedule of estimated revenues and expenditures/expenses
Schedule B—Tax levy and tax rate information
Schedule G—Full-time employees and personnel compensation
Schedule C—Revenues other than property taxes
Schedule D—Other financing sources/(uses) and interfund transfers
Schedule E—Expenditures/expenses by fund
Schedule F—Expenditures/expenses by department (as applicable)
3/22 Arizona Auditor General Official Town Budget Forms
Fiscal
year General Fund
Special Revenue
Fund Debt Service Fund
Capital Projects
Fund Permanent Fund
Enterprise
Funds Available
Internal Service
Funds Total all funds
2022 Adopted/adjusted budgeted expenditures/expenses* E
1 19,836,760 12,064,970 2,360 6,223,000 0 0 997,003 39,124,094
2022 Actual expenditures/expenses** E 2 13,935,967 7,754,892 680 2,991,734 0 0 884,119 25,567,393
2023
Beginning fund balance/(deficit) or net position/(deficit) at
July 1*** 3 13,139,630 3,078,948 179,770 6,311,609 0 0 7,664,369 30,374,326
2023 Primary property tax levy B 4 0 0 0 0 0 0 0
2023 Secondary property tax levy B 5 0 0 0 0 0 0 0
2023 Estimated revenues other than property taxes C 6 24,804,255 16,034,295 2,780 1,613,958 0 0 2,000 42,457,288
2023 Other financing sources D 7 0 0 0 0 0 0 0 0
2023 Other financing (uses) D 8 0 0 0 0 0 0 0 0
2023 Interfund transfers in D 9 0 2,697,340 0 275,000 0 0 1,890,575 4,862,915
2023 Interfund Transfers (out) D 10 4,422,980 164,935 0 275,000 0 0 0 4,862,915
2023
Line 11: Reduction for fund balance reserved for future
budget year expenditures
Maintained for future debt retirement 0
Maintained for future capital projects 4,208,150 4,208,150
Maintained for future financial stability 3,912,445 3,912,445
0
0
2023 Total financial resources available
12 29,608,460 21,645,648 182,550 7,925,567 0 0 5,348,794 64,711,019
2023 Budgeted expenditures/expenses E 13 24,804,255 12,532,331 15,560 8,157,040 0 0 633,300 46,142,486
Expenditure limitation comparison 2022 2023
1 Budgeted expenditures/expenses 39,124,094$ 46,142,486$
2 Add/subtract: estimated net reconciling items (72,341) (112,689)
3 Budgeted expenditures/expenses adjusted for reconciling items 39,051,753 46,029,797
4 Less: estimated exclusions 7,501,102 14,159,411
5 Amount subject to the expenditure limitation 31,550,651$ 31,870,386$
6 EEC expenditure limitation 31,747,291$ 31,896,371$
*
**
***
Town of Fountain Hills
Summary Schedule of estimated revenues and expenditures/expenses
Fiscal year 2023
Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year.
Amounts on this line represent beginning fund balance/(deficit) or net position/(deficit) amounts except for nonspendable amounts (e.g., prepaids and inventories) or amounts legally or contractually required to be
maintained intact (e.g., principal of a permanent fund).
S
c
h
Funds
Includes expenditure/expense adjustments approved in the current year from Schedule E.
The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted.
11
3/22 Arizona Auditor General Schedule A Official Town Budget Forms
2022 2023
1.
$$
2.
$
3.Property tax levy amounts
A. Primary property taxes $$
B. Secondary property taxes
C.Total property tax levy amounts $$
4.Property taxes collected*
A. Primary property taxes
(1) Current year's levy $
(2) Prior years’ levies
(3) Total primary property taxes $
B. Secondary property taxes
(1) Current year's levy $
(2) Prior years’ levies 37
(3) Total secondary property taxes $37
C. Total property taxes collected $37
5.Property tax rates
A. City/Town tax rate
(1) Primary property tax rate
(2) Secondary property tax rate
(3) Total city/town tax rate
B. Special assessment district tax rates
Secondary property tax rates—As of the date the proposed budget was prepared, the
two (2)special assessment districts for which secondary
property taxes are levied. For information pertaining to these special assessment districts
and their tax rates, please contact the city/town.
*
city/town was operating
Includes actual property taxes collected as of the date the proposed budget was prepared, plus
estimated property tax collections for the remainder of the fiscal year.
Amount received from primary property taxation in
the current year in excess of the sum of that year's
maximum allowable primary property tax levy.
A.R.S. §42-17102(A)(18)
Town of Fountain Hills
Tax levy and tax rate information
Fiscal year 2023
Maximum allowable primary property tax levy.
A.R.S. §42-17051(A)
Property tax judgment
Property tax judgment
Property tax judgment
Property tax judgment
3/22 Arizona Auditor General Schedule B Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2022 2022 2023
General Fund
Local taxes
Local Sales Tax $13,826,923 $14,426,084 $14,426,223
Franchise Tax 434,896 254,167 325,000
Licenses and permits
Business License Fees 115,464 121,792 116,619
Liquor License Fees 2,000 2,367 500
Building Permit Fees 395,923 642,684 408,398
Sign Permits 3,350 4,480 3,350
Landscape Permit Fees 16,800 16,733 16,800
Subdivision Fees 52,250 111,100 52,250
Special Event Permits 8,750 20,719 8,500
Engineering Fees 5,900 16,460 5,900
Third Party Revenues
Planning & Zoning Fees 16,185 9,149 16,095
Plan Review Fees 275,698 81,381 96,750
Intergovernmental
State Sales Tax 2,958,864 3,282,567 3,409,475
Fire Insurance Premium Tax 47,560 47,560 48,036
Vehicle License Tax 350,592 351,363 338,350
Shared Income Tax 3,288,000 3,174,026 4,597,467
Charges for services
Parks & Rec User Fees 235,475 199,805 243,475
Encroachment Fees 35,000 474,219 35,000
Variances 4,300 7,533 4,300
Inspection Fees 17,000 60,310 17,000
Leases & Rents 282,379 340,036 299,872
Fines and forfeits
Court Fines 189,000 204,942 205,000
Interest on investments
Interest on Investments 24,000 (181,243)24,000
In-lieu property taxes
Contributions
Voluntary contributions 47,545 64,733 60,845
Miscellaneous
Miscellaneous 44,440 386,898 45,050
Total General Fund $22,678,294 $24,119,862 $24,804,255
*
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2023
Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
Source of revenues
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2022 2022 2023
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2023
Source of revenues
Special revenue funds
Highway User Revenue Fund
Highway User Tax $1,676,376 1,825,749 1,889,520
Vehicle License Tax 818,040 819,847 789,485
Local Sales Tax 1,145,328 1,174,941 1,197,552
In-Lieu Fees 200,000 3,711 100,000
Recycle Proceeds 1,000 2,311 1,000
Interest 24,000 457 10,000
Miscellaneous 30,000 14,736 30,000
$3,894,744 $3,841,750 $4,017,557
Downtown Strategy Fund
Sales-Excise Tax $114,528 117,494 119,755
Interest 1,260 (7,744)1,260
$115,788 $109,750 $121,015
Economic Development Fund
Sales-Excise Tax $458,136 469,976 479,021
Miscellaneous
Interest 240 24 240
$458,376 $470,001 $479,261
Tourism Fund
Grants $50,000 63,715 65,000
Interest 180 35 180
Miscellaneous 1,621
$50,180 $65,372 $65,180
Special Revenue - Grants
Intergovernmental-State $1,190,000 97,209 1,190,000
Intergovernmental-Federal $3,006,550 4,208,150 10,000,000
$4,196,550 $4,305,359 $11,190,000
Public Art
In-Lieu Fees $100,000 100,000
Interest 240 12 240
$100,240 $12 $100,240
Court Enhancement Fund
Court Enhancement/JCEF Revenue $49,000 27,606 49,000
Interest 900 110 900
$49,900 $27,716 $49,900
Environmental Fund
Environmental Fee $11,066
Interest 2,400 72 2,400
$2,400 $11,138 $2,400
Cottonwoods Maintenance District
Assessments $6,381 6,432 8,670
Interest Income $72 2 72
$6,453 $6,434 $8,742
Total special revenue funds $8,874,631 $8,837,532 $16,034,295
*Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2022 2022 2023
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2023
Source of revenues
Debt service funds
General Obligation Debt Service
Interest Income 1,200 22 1,200
$1,200 $22 $1,200
Eagle Mountain CFD
Assessments 6,444 1,380
Interest Income 240 2 100
$240 $6,446 $1,480
Municipal Property Corp
Interest Income 840 2 100
$840 $2 $100
Total debt service funds $2,280 $6,470 $2,780
Capital projects funds
Capital Projects Fund
Sales Tax-Local 1,117,416 848,145 1,141,951
Grants 472,344
Interest 19,200 (154,018)10,000
$1,608,960 $694,127 $1,151,951
Fire Development Fee Fund
Development Fees 23,623 32,812 15,221
Interest Income 2,400 56 1,000
$26,023 $32,868 $16,221
Streets Development Fee Fund
Development Fees 331,074 272,125 239,438
Interest Income 25 1,000
$331,074 $272,150 $240,438
Parks & Recreation Development Fee Fund
Development Fees 336,517 255,213 204,348
Interest Income 4,800 162 1,000
$341,317 $255,375 $205,348
Total capital projects funds $2,307,374 $1,254,519 $1,613,958
*Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2022 2022 2023
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2023
Source of revenues
Permanent funds
N/A $$$
$$$
Total permanent funds $$$
Enterprise funds
N/A $$$
$$$
Total enterprise funds $$$
*Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Estimated
revenues Actual revenues*
Estimated
revenues
2022 2022 2023
Town of Fountain Hills
Revenues other than property taxes
Fiscal Year 2023
Source of revenues
Internal service funds
Facilities Reserve Fund
Miscellaneous
Interest Income 7,200 (152,759)1,000
$7,200 $(152,759)$1,000
Technology Replacement Fund
Interest Income 66
$$66 $
Vehicle Replacement Fund
Miscellaneous
Interest Income 2,400 225 1,000
$2,400 $225 $1,000
Total internal service funds $9,600 $(152,469)$2,000
Total all funds $33,872,179 $34,065,915 $42,457,288
*Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was
prepared, plus estimated revenues for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms
Fund Sources (Uses)In (Out)
General Fund
Streets Fund $$$$2,100,000
Environmental Fund 500,000
Facilities Reserve Fund 1,500,000
Technology Replacement Fund 57,263
Vehicle Replacement Fund 265,717
Total General Fund $$$$4,422,980
Special revenue funds
Streets Fund from General Fund $$$2,100,000 $
Environmental Fund from Gen Fund 500,000
Tourism Fund from Economic Dev 97,340
Economic Dev Fund to Tourism Fund 97,340
Special Revenue Funds to Tech Repl.7,754
Special Revenue Funds to Vehicle Repl.59,841
Total special revenue funds $$$2,697,340 $164,935
Debt service funds
N/A $$$$
Total debt service funds $$$$
Capital projects funds
Capital Projects Fund $$$275,000 $
Parks & Rec Development Fee Fund 275,000
Total capital projects funds $$$275,000 $275,000
Permanent funds
N/A $$$$
Total permanent funds $$$$
Enterprise funds
N/A $$$$
Total enterprise funds $$$$
Internal service funds
Facilities Reserve Fund from Gen Fund $$$1,500,000 $
Technology Replacement Fund 65,017
Vehicle Replacement Fund 325,558
Total Internal Service Funds $$$1,890,575 $
Total all funds $$$ 4,862,915 $ 4,862,915
2023 2023
Town of Fountain Hills
Other financing sources/(uses) and interfund transfers
Fiscal year 2023
Other financing Interfund transfers
3/22 Arizona Auditor General Schedule D Official City/Town Budget Forms
Adopted
budgeted
expenditures/
expenses
Expenditure/
expense
adjustments
approved
Actual
expenditures/
expenses*
Budgeted
expenditures/
expenses
Fund/Department 2022 2022 2022 2023
General Fund
Mayor & Town Council $74,929 $$63,809 $76,619
Administration 2,480,581 74,800 2,360,138 2,672,360
General Government 4,622,841 1,203,712 831,094 5,141,607
Municipal Court 428,144 418,478 446,749
Public Works 1,251,933 6,500 1,039,831 1,497,800
Development Services 1,183,415 1,035,967 1,359,678
Community Services 3,195,568 81,604 2,996,051 3,695,572
Fire & Emergency Medical 4,286,584 (3,158,676)1,085,773 4,457,834
Law Enforcement 5,154,300 (1,049,474)4,104,827 5,456,036
Total General Fund $22,678,294 $(2,841,534)$13,935,967 $24,804,255
Special revenue funds
Streets Fund $5,846,567 $$2,224,067 $5,908,110
Downtown Strategy Fund 40,200 20,000 61,792 65,200
Economic Development Fund 244,499 167,436 217,920
Tourism Fund 210,893 133,217 277,114
Special Revenue Fund 2,055,981 2,779,169 4,523,825 5,190,000
Public Art Fund 144,649 28,227 144,649
Court Enhancement Fund 78,800 19,995 89,850
Environmental Fund 627,082 581,412 627,100
Cottonwoods Maint District 17,131 14,920 12,388
Total special revenue funds $9,265,802 $2,799,169 $7,754,892 $12,532,331
Debt service funds
General Obligation Bonds $350 $$$350
Eagle Mountain CFD 1,000 667 14,200
Municipal Property Corp 1,010 13 1,010
Total debt service funds $2,360 $$680 $15,560
Capital projects funds
Capital Projects $6,223,000 $$2,991,734 $8,157,040
Fire/Emergency Dev Fee
Streets Dev Fee
Park/Rec Dev Fee
Total capital projects funds $6,223,000 $$2,991,734 $8,157,040
Permanent funds
N/A $$$$
Total permanent funds $$$$
Enterprise funds
N/A $$$$
Total enterprise funds $$$$
Internal service funds
Facilities Reserve Fund $848,638 $23,730 $840,148 $550,000
Technology Replacement Fund 50,000 43,971 50,000
Vehicle Replacement Fund 56,000 18,635 33,300
Total internal service funds $954,638 $42,365 $884,119 $633,300
Total all funds $ 39,124,094 $0 $ 25,567,393 $ 46,142,486
*
Expenditures/expenses by fund
Fiscal year 2023
Town of Fountain Hills
Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget
was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
3/22 Arizona Auditor General Schedule E Official City/Town Budget Forms
Adopted
budgeted
expenditures/
expenses
Expenditure/
expense
adjustments
approved
Actual
expenditures/
expenses*
Budgeted
expenditures/
expenses
2022 2022 2022 2023
Mayor & Council
General Fund $74,929 $$63,809 $76,619
Department total $74,929 $$63,809 $76,619
Administration
General Fund $2,480,581 $74,800 $2,360,138 $2,672,360
Downtown Strategy Fund 40,200 20,000 61,792 65,200
Economic Development Fund 244,499 167,436 217,920
Tourism Fund 210,893 133,217 277,114
Special Revenue Fund 2,055,981 2,779,169 4,523,825 5,190,000
General Obligation Debt 350 350
Eagle Mountain CFD 1,000 667 14,200
Municipal Property Corp 1,010 13 1,010
Cottonwoods Maint District 17,131 14,920 12,388
Capital Projects 299,000 (8,938)678 568,640
Technology Replacement
Department total $5,350,644 $2,865,031 $7,262,687 $9,019,182
General Government
General Fund $4,622,841 $1,203,712 $831,094 $5,141,607
Technology Replacement 50,000 43,971 50,000
Vehicle Replacement 56,000 18,635 33,300
Department total $4,728,841 $1,222,347 $875,065 $5,224,907
Municipal Court
General Fund $428,144 $$418,478 $446,749
Court Enhancement Fund 78,800 19,995 89,850
Department total $506,944 $$438,473 $536,599
Public Works
General Fund $1,251,933 $6,500 $1,039,831 $1,497,800
Streets Fund 5,846,567 2,224,067 5,908,110
Environmental Fund 627,082 581,412 627,100
Capital Projects 3,589,000 8,938 1,399,886 4,770,600
Facilities Replacement Fund 848,638 23,730 840,148 550,000
Vehicle Replacement
Department total $12,163,220 $39,168 $6,085,344 $13,353,610
Development Services
General Fund $1,183,415 $$1,035,967 $1,359,678
Department total $1,183,415 $$1,035,967 $1,359,678
Community Services
General Fund $3,195,568 $81,604 $2,996,051 $3,695,572
Public Art Fund 144,649 28,227 144,649
Capital Projects 2,285,000 1,591,170 2,817,800
Park/Rec Development Fee
Department total $5,625,217 $81,604 $4,615,448 $6,658,021
Fire & Emergency Medical
General Fund $4,286,584 $(3,158,676)$1,085,773 $4,457,834
Department total $4,286,584 $(3,158,676)$1,085,773 $4,457,834
Law Enforcement
General Fund $5,154,300 $(1,049,474)$4,104,827 $5,456,036
Department total $5,154,300 $(1,049,474)$4,104,827 $5,456,036
*
Expenditures/expenses by department
Fiscal year 2023
Town of Fountain Hills
Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the
proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year.
Department/Fund
3/22 Arizona Auditor General Schedule F Official City/Town Budget Forms
Full-time
equivalent (FTE)
Employee salaries
and hourly costs Retirement costs Healthcare costs
Other benefit
costs
Total estimated
personnel
compensation
2023 2023 2023 2023 2023 2023
67.85 $ 4,494,108 $482,504 $489,632 $289,830 $ 5,756,074
Streets Fund 6.05 $469,053 $57,155 $78,153 $49,026 $653,387
Economic Development Fund 1.00 130,000 15,860 14,593 8,378 168,831
Tourism Fund 1.00 77,818 9,494 7,682 3,280 98,274
Total special revenue funds 8.05 $676,871 $82,509 $100,428 $60,684 $920,492
$$$$$
Total debt service funds $$$$$
$$$$$
Total capital projects funds $$$$$
$$$$$
Total permanent funds $$$$$
$$$$$
Total enterprise funds $$$$$
$$$$$
Total internal service fund $$$$$
Total all funds 75.90 $ 5,170,979 $565,013 $590,060 $350,514 $ 6,676,566
Fund
Town of Fountain Hills
Full-time employees and personnel compensation
Fiscal year 2023
General Fund
Internal service funds
Special revenue funds
Debt service funds
Capital projects funds
Permanent funds
Enterprise funds
3/22 Arizona Auditor General Schedule G Official City/Towns Budget Forms
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
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 Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Ordinance 22-01, amending Chapters 1, 5, 10, and 11 of the Zoning Ordinance to
provide the definition of family and community residence, the regulations for community residences,
and provide the zoning districts where community residences are permitted.
Staff Summary (background)
At the April 5, 2022, Council meeting, the Council held a public hearing and began discussion of possible
amendments to the Zoning Ordinance to update the provisions as they apply to group homes. Group
homes provide the opportunity for housing for a wide variety of people with disabilities. Federal laws
and state licensing requirements set the basic parameters within which local regulations can operate.
At the April 5 hearing, the Council reviewed the recommended ordinance submitted by the Planning
and Zoning Commission and considered several modifications suggested by staff. A copy of the staff
report for the April 5 meeting is attached. At the April 5 hearing, the Council resolved many of the
items brought up by staff to better incorporate some of the last changes made by the Planning and
Zoning Commission. Also attached is a revised, strike through, copy of the ordinance incorporating the
items already agreed on by the Council.
The Council requested further information on five key provisions before finalizing the ordinance
modification. Each of these items is reviewed below. Also attached is a document which contains the
information staff found looking at similar regulations in other communities. The first two pages provide
a summary of the findings, the ordinance provisions from those jurisdictions is attached on the following
pages.
Number of residents
The proposed ordinance includes a new definition for Community Residences with sub-categories of
Family Community Residences and Transitional Community Residences. As recommended by the
Planning and Zoning Commission, the Family residences would be allowed up to 8 residents, including
resident staff, and the Transitional residences would be allowed up to 8 residents, including resident
staff. The Town's current ordinance allows up to 10 residents, excluding staff, for all types of group
homes.
Given the judicial history of regulations around this type of land use, staff wants to ensure the Council
has fully considered the potential impacts and options that will best serve the Town. The number of
residents recommended by the Planning and Zoning Commission were established using demographic
information regarding household sizes in Fountain Hills. Some previous court decisions have suggested
this is not considered a valid approach to these regulations.
As shown in the attached document, most jurisdictions allow up to 10 residents, mostly without
resident staff. One allows up to 12. Several set a cap of 12 for all residents, including staff. Staff
identified three communities with lower limits. These are:
Gilbert. Gilbert sets the maximum number of residents at 5, unless the home has a license from
the state. Licensed facilities can have up to 10 residents.
Chandler. Chandler limits the maximum number of residents to 5. Chandler also, however,
allows for approval of a Reasonable Accommodation to increase the number up to 10. Staff in
Chandler report that no requests for reasonable accommodation have been denied in the last
three years.
Tempe. Tempe amended its ordinance last year to reduce the number of residents in group
homes from 10 to 5. An increased number is possible through a reasonable accommodation, but
no requests have been made to date. The Tempe procedures require an annual fire inspection of
all homes with 6-10 residents. With 74 existing homes, this was becoming a staffing and
management issue. Existing homes are "grandfathered" in and may continue with the approved
number of occupants.
Separation
The reasoning behind community residences is to provide the residents an opportunity to be part of a
neighborhood to assist in the habilitation and rehabilitation. If there are too many homes in a limited
area, they can create an institutional area that defeats the goal. Therefore, some type of limitation to
the number of homes in a geographic area is appropriate. Requiring too much of a separation can
create an unnecessary limitation on the places available to provide homes for disabled individuals in the
community.
One of the concerns that has been expressed about these homes is possible environmental impacts that
can occur from the residents (noise, smoke, etc.). These impacts could just as easily occur with
residents of any home. If there are issues with these types of environmental impacts, they could be
addressed more efficiently for all homes by improving regulations specifically targeted at these issues.
The current separation requirement for the Town is 1,200 feet. The recommendation from the Planning
and Zoning Commission is a 2,640 foot separation. The increase will significantly limit the areas
available. The attached table lists the findings of staff regarding the separation requirements in other
Arizona jurisdictions. The greatest separation requirement found has been 1,320' (four jurisdictions,
including Paradise Valley). Eight cities have a 1,200' separation requirement, one has 800' measures
along the right-of-way versus a straight line, and one is 660' or 7 lots (Cave Creek). Three jurisdictions
have no separation requirement.
There was some discussion at the previous Council meeting about using a distance between the current
ordinance requirement and the 2,460' in the current draft ordinance. One option would be to split the
difference and set the requirement at 1,830 feet. This would limit the homes to approximately one
every three blocks.
Unannounced inspections
The review of ordinances from other jurisdictions found various approaches to inspection of group
homes. Some communities require initial inspections for life safety issues, some do not. Some require
an annual inspection for life safety issues, some do not. Staff did not find any local jurisdictions that
allow for or require unannounced inspections. The Apache Junction ordinance does state that the City
may require an annual inspection in accordance with the AZDHS inspection checklist.
Insurance
There is a recognition that operators of a community residence should have insurance in excess of a
typical homeowner policy to cover issues which can occur. That has been extended to a provision in the
ordinance requiring a minimum level of coverage, evidence that the applicant has the insurance, and
that the policy provides a waiver of subrogation for the Town. Questions have been raised about the
need to require insurance for this land use when it is not required for any other type of land use.
Some citizens have pointed out that Prescott, Phoenix, and Mesa have included insurance requirements
in their ordinances. The ordinances that required insurance were ordinances regarding licensing of
structured sober living homes, not registering community residences. Both Prescott and Phoenix have
repealed their ordinances for structured sober living and did not include the insurance provisions in their
new regulations for community residences. When Mesa adopted its ordinance for structured sober
living, an uncodified provision of the ordinance included a sunset provision canceling the ordinance
when the state adopted its rules for licensing sober living homes. This ordinance is no longer in effect,
and will be officially repealed at some point. Mesa did not include an insurance requirement for the
registering of community residences.
Staff did not find an insurance requirement in any of the other ordinances reviewed.
Reasonable accommodation
In the previous staff report there was a discussion of the importance of having an established process
for considering requests for waivers from whatever standards are set. Having an established process
provides an administrative avenue to look at and consider modifications based on unique and specific
circumstances. This is very much like providing the variance procedure in the zoning ordinance.
There was some discussion at the last Council meeting on this topic but since the Council had not been
able to discuss the implications of the various options in the executive session, the discussion was
limited with no specific direction given.
There is some confusion with the existing terminology being used. The ordinance itself is providing a
"reasonable accommodation" to allow group homes as an exception to the definition of a family. While
most codes that provide for these waivers do refer them as reasonable accommodation waivers, there
is no reason the Town could not use some alternate language. This section of the ordinance could
simply be titled "Modifications", "Waivers", or "Adjustments" for example. The section could be worded
as follows:
Waiver. To establish a community residence for more than 10 individuals with disabilities or to
reduce the separation requirement to less than 1,200’, the applicant may apply for a waiver.
Existing Group Homes
Existing Group Homes
A related topic is how any change in the ordinance would affect or impact any existing homes that do
not comply with the new regulations. For example, there are a handful of existing group homes that are
operated as senior living or assisted living group homes. Section 4.01 B 1 of the Zoning Ordinance
defines Nonconforming Use as "a use of a structure or land, which was lawfully established and
maintained prior to the adoption of this ordinance but which, under this ordinance, does not conform to
the use regulations for the district in which it is located." Section 4.01 C 1 states that legally
nonconforming uses my continue provided the use is not discontinued for a period of more than 12
months. Therefore, the existing homes will be able to continue to operate at their current locations
with the approved number of residents unless the use is discontinued, or they lose their state license.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission recommended approval of an ordinance at their March 14
meeting. That ordinance was attached to the previous staff report for the Council's review and
consideration.
Staff Recommendation(s)
Staff supports approval of an ordinance amendment to better address this land use and meet the needs
of the Town. Staff will continue to work with the Council to finalize and ordinance for approval.
SUGGESTED MOTION
MOVE to adopt Ordinance 22-01 including any amendments as discussed by Council.
Attachments
Ord. 22-01
Comparisons
4.5.22 Council Staff Report
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 04/21/2022 08:26 AM
Development Services Director (Originator)John Wesley 04/21/2022 09:40 AM
Town Attorney Aaron D. Arnson 04/21/2022 11:16 AM
Town Manager Grady E. Miller 04/25/2022 05:55 PM
Form Started By: John Wesley Started On: 04/18/2022 06:55 AM
Final Approval Date: 04/25/2022
ORDINANCE NO. 22-01
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 DEFINITIONS OF FAMILY AND GROUP HOME;
AMENDING CHAPTER 5, GENERAL PROVISIONS, SECTION
5.13, RESERVED, RENAMING THE SECTION AND PROVIDING
REGULATIONS FOR GROUP HOMES; AMENDING CHAPTER
10, SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS,
SECTION 10.02 A. 12. GROUP HOMES FOR THE
HANDICAPPED AND ELDERLY CARE; AND, AMENDING
CHAPTER 11, SECTION 11.02 A. 11. GROUP HOMES FOR THE
HANDICAPPED AND ELDERLY CARE
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 01 amending Chapter 1, Introduction, Section 1.12,
Definitions, amending the definitions of Family and Group Home; amending Chapter 5, General
Provisions, Section 5.13, Reserved, renaming the section and providing regulations for group
homes; amending Chapter 10, Single-family Residential Zoning Districts, Section 10.02 A. 12.
Group Homes for the Handicapped and Elderly Care; and, amending Chapter 11, Section 11.02 A.
11. Group Homes for the Handicapped and Elderly Care; 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 February 23, 2022 and
March 2, 2022 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
March 14, 2022, and by the Town Council on April 5, 2022; and
WHEREAS, the Town recognizes its regulations for group homes for the handicapped (referred
to as Community Residences) need revision to protect the welfare and safety of residents in those
homes and to prevent clustering or overconcentration; and
WHEREAS, the FHAA generally prohibits zoning practices that discriminate against individuals
with disabilities by “making unavailability or denying housing to those persons”; and
WHEREAS, a community residence seeks to achieve “normalization” of their residents and
incorporate them into the social fabric of the surrounding community (known as “community
integration”); and
WHEREAS, a community residence seeks to emulate a family in how they function (see definition
of family). The residents with disabilities learn or re-learn the same life skills and social behaviors
of a family; and
ORDINANCE 22-01 PAGE 2
WHEREAS, to enforce the rationally based distancing regulations and to ensure accuracy of its
data, the Town will require existing and future Community Residences to annually register with
the Town; and
WHEREAS, by amending its zoning ordinance the Town gives prospective operators of
Community Residences for people with disabilities clarity and certainty regarding where such
homes may locate; and
WHEREAS, the regulations are the least restrictive means to actually achieving the Town’s
legitimate government interest; and
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws
of the State of Arizona, the Town Council has considered the individual property rights and
personal liberties of the residents of the Town and the probable impact of the proposed ordinance
on the cost to construct housing for sale or rent before adopting this ordinance.
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:
…
COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE IS A RESIDENTIAL LIVING
ARRANGEMENT WITH BEDS FOR FIVE (5) TO EIGHT (8) INDIVIDUALS WITH DISABILITIES,
INCLUDING RESIDENT STAFF, WHERE INDIVIDUALS LIVEING AS A FAMILY IN A SINGLE
DWELLING UNIT WHO ARE IN NEED OF THE MUTUAL SUPPORT FURNISHED BY OTHER
RESIDENTS OF THE COMMUNITY RESIDENCE AS WELL AS THE SUPPORT SERVICES, IF
ANY, PROVIDED BY THE STAFF OF THE COMMUNITY RESIDENCE. RESIDENTS MAY BE
SELF-GOVERNING OR SUPERVISED BY A SPONSORING ENTITY OR ITS STAFF, WHICH
PROVIDES HABILITATIVE OR REHABILITATIVE SERVICES RELATED TO THE
RESIDENTS' DISABILITIES. A COMMUNITY RESIDENCE SEEKS TO EMULATE A
BIOLOGICAL FAMILY TO FOSTER NORMALIZATION OF ITS RESIDENTS AND INTEGRATE
THEM INTO THE SURROUNDING COMMUNITY. ITS PRIMARY PURPOSE IS TO PROVIDE
SHELTER IN A FAMILY-LIKE ENVIRONMENT. MEDICAL TREATMENT IS INCIDENTAL AS
IN ANY HOME. SUPPORTIVE INTER-RELATIONSHIPS BETWEEN RESIDENTS ARE AN
ESSENTIAL COMPONENT. COMMUNITY RESIDENCE INCLUDES SOBER LIVING HOMES
AND ASSISTED LIVING HOMES BUT DOES NOT INCLUDE ANY OTHER GROUP LIVING
ARRANGEMENT FOR UNRELATED INDIVIDUALS WHO ARE NOT DISABLED NOR ANY
SHELTER, ROOMING HOUSE, BOARDING HOUSE OR TRANSIENT OCCUPANCY.
FAMILY COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE WITH FIVE (5) TO EIGHT
(8) BEDS, INCLUDING RESIDENT STAFF THAT IS A RELATIVELY PERMANENT LIVING
ORDINANCE 22-01 PAGE 3
ARRANGEMENT WITH NO LIMIT ON THE LENGTH OF TENANCY AS DETERMINED IN
PRACTICE OR BY THE RULES, CHARTER, OR OTHER GOVERNING DOCUMENTS OF THE
COMMUNITY RESIDENCE. THE MINIMUM LENGTH OF TENANCY IS TYPICALLY A YEAR
OR LONGER.
TRANSITIONAL COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE WITH FIVE (5) TO
SIX (6) BEDS, INCLUDING RESIDENT STAFF, THAT PROVIDES A RELATIVELY
TEMPORARY LIVING ARRANGEMENT WITH A LIMIT ON LENGTH OF TENANCY MORE
THAN THIRTY (30) DAYS AND LESS THAN A YEAR, AS DETERMINED EITHER IN
PRACTICE OR BY THE RULES, CHARTER, OR OTHER GOVERNING DOCUMENT OF THE
COMMUNITY RESIDENCE.
…
Family: An individual, or two (2) or more persons related by blood or marriage, or a group of NOT
MORE THAN FOUR (4) persons not related by blood or marriage, living together as a single
housekeeping group in a dwelling unit. IN SPIRIT BUT NOT DIRECT APPLICATION, FAMILIES
MAINTAIN LEGAL DOMICILE AT THE PARTICULAR DWELLING UNIT AND LEGAL
OWNERSHIP OR TENANCY OF THE DWELLING UNIT AS EVIDENCED ON A DEED OR
LEASE.
…
Group Home for the Handicapped and Adult Care: A dwelling shared by handicapped and/or
elderly people as their primary residence and their resident staff, who live together as a single
housekeeping unit, sharing responsibilities, meals, and recreation. The staff provides care for the
residents. A Group Home for the Handicapped and Adult Care does not include nursing homes,
alcohol or other drug treatment centers, community correction facilities, shelter care facilities, or
homes for the developmentally disable as regulated by the Arizona Revised Statutes Section 36-
582.
…
SECTION 3. The Zoning Ordinance, Chapter 5, General Provisions, Section 5.13, Reserved, is
hereby amended as follows:
Section 5.13. ReservedCOMMUNITY RESIDENCES
(Deleted per Ordinance 2004-10 – Storage and Parking of Mobile Homes, Boats, Aircraft, Truck
Campers, Camping Trailers, Travel Trailers and Other Trailers is hereby deleted in its entirety.)
Refer to Chapter 7 – Section 7.02.
A. STANDARDS:
1. TO PREVENT THE CLUSTERING OF COMMUNITY RESIDENCES AND TO
BETTER INTEGRATE COMMUNITY RESIDENCE RESIDENTS INTO THE
SURROUNDING NEIGHBOR AND COMMUNITY, SUCH HOME MUST BE
LOCATED ON A LOT THAT IS AT LEAST TWO THOUSAND SIX HUNDRED
FORTY (2,640) FEET FROM THE EXTERIOR LOT LINES OF ANOTHER
ORDINANCE 22-01 PAGE 4
COMMUNITY RESIDENCE, MEASURED BY A STRAIGHT LINE FROM THE
PROPERTY LINE IN ANY DIRECTION.
2. NO MORE THAN TWO PERSONS PER BEDROOM.
3. RECEIVES A TOWN BUSINESS LICENSE, IF APPLICABLE.
4.3. AN INDIVIDUAL REQUIRED TO REGISTER UNDER ARIZONA LAW AS A SEX
OFFENDER AND CLASSIFIED AS A LEVEL II OR LEVEL III COMMUNITY RISK
(INTERMEDIATE TO HIGH RISK) IS NOT PERMITTED TO LIVE IN A
COMMUNITY RESIDENCE.
B. APPLICATION REQUIREMENTS:
1. COPY OF LICENSE OR CERTIFIED THROUGH ONE OR MORE OF THE
FOLLOWING GROUPS:
A. LICENSE OR IS CERTIFIED BY THE STATE OF ARIZONA
DEPARTMENT OF HEALTH; OR
B. LICENSE OR IS CERTIFIED BY THE ARIZONA RECOVERY HOUSING
ASSOCIATION; OR,
C. “PERMANENT” OXFORD HOUSE CHARTER.
2. IF THE PROPERTY IS BEING RENTED OR LEASED, AN ACKNOWLEDGE-
MENT FROM THE PROPERTY OWNER AGREEING TO THE USE OF THE
PROPERTY AS A COMMUNITY RESIDENCE. PROPERTY OWNER SHALL
ALSO AGREE TO ALLOW TOWN OFFICIALS TO ENTER THE PREMISES FOR
UNANNOUNCED INSPECTIONS TO INSPECT FOR LAND USE VIOLATIONS
INCLUDING THE NUMBER OF OCCUPANTS.
3. A DESCRIPTION OF THE SCOPE OF SERVICES TO BE PROVIDED IN THE
HOME AND WHETHER OR NOT THE RESIDENTS WILL BE AMBULATORY.
4. A STATEMENT THE HOME SHALL NOT HOUSE ANY PERSON WHOSE
TENANCY WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR
SAFETY OF OTHER INDIVIDUALS OR WOULD RESULT IN SUBSTANTIAL
PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS.
5. A CERTIFICATE OF INSURANCE COMMERCIAL LIABILITY FOR OPERATION
OF THE HOME AT THE GIVEN LOCATION. INSURANCE POLICY SHALL BE
A MINIMUM OF $2 MILLION PER OCCURENCE AND $4 MILLION IN
AGGREGATE WITH A WAIVER OF SUBROGATION FOR THE TOWN.
6. THE PORTIONS OF ANY STATE LICENSE OR THIRD PARTY CERTIFICATION
APPLICATION REQUIREMENTS THAT PROVIDE:
ORDINANCE 22-01 PAGE 5
A. NAMES AND CONTACT INFORMATION FOR CONTACT
INDIVIDUAL(S) FOR THE HOME WHO CAN RESPOND TO
COMPLAINTS OR EMERGENCIES.
B. INFORMATION REGARDING POLICIES AND PROCEDURES FOR
RESIDENTS AND VISITORS RELATED TO PARKING, NOISE
EMANATING FROM THE HOME, SMOKING, CLEANLINESS OF THE
PUBLIC SPACE NEAR THE HOME, AND LOITERING IN FRONT OF
THE HOME OR NEAR-BY HOMES ARE ESTABLISHED, KNOWN TO
RESIDENTS, AND ENFORCED.
C. INFORMATION REGARDING EFFORTS TO PROMOTE THE SAFETY
OF THE SURROUNDING NEIGHBORHOOD.
7. A FLOOR PLAN OF THE HOME SHOWING ALL BEDROOMS, LIVING, AND
DINING AREAS.
8. THE APPLICANT SHALL ATTEST THAT THEY WILL PROVIDE ALL
EVIDENCE PERMISSIBLE BY CODE AND AUTHORITY HAVING
JURISDICTION NECESSARY IN RESPONSE TO A CODE ENFORCEMENT
INQUIRY, IN PARTICULAR, OCCUPANCY LOGS.
9. EVIDENCE OF THE PROPERTY’S APPROPRIATE MARICOPA COUNTY TAX
CLASSIFICATION FOR THE USE APPLIED PRIOR TO COMPLETION OF
REGISTRATION AND OCCUPANCY OF THE PROPERTY.
10. A COPY OF THE LEASE PACKET PRESCRIBED BY ARS 9 A.A.C. 12
SECTION 202 SPECIFYING THE OPERATOR OF THE HOME WILL UTILIZE A
LEASE PACKET THAT IS IN ACCORDANCE WITH THE STATE
ADMINISTRATIVE CODE.
11. A COPY OF THE STANDARD RESIDENCY AGREEMENT FOR INDIVIDUALS
TO OCCUPY THE COMMUNITY RESIDENCE.
12. CERTIFICATION THAT NO OUTPATIENT TREATMENT CENTER LICENSURE
OR MEDICATION DISTRIBUTION WILL BE SOLICITED OR OCCUR ON-
PREMISES AND THAT MEDICATION DISTRIBUTION WILL NOT EXCEED
WHAT WOULD NORMALLY BE EXPECTED IN A FAMILY HOME.
13. RECEIVES A TOWN BUSINESS LICENSE, IF APPLICABLE.
C. REGISTRATION:
1. REGISTRATION OF A COMMUNITY RESIDENCE WITH THE TOWN IS
REQUIRED PRIOR TO BEGINNING OPERATION. AN APPROVED REGISTRA-
TION IS VALID FOR ONE YEAR FROM DATE ADMINISTRATIVELY ISSUED.
ORDINANCE 22-01 PAGE 6
2. FOLLOWING RECEIPT OF A COMPLETE APPLICATION FOR REGISTRA-
TION, THE PROPERTY WILL BE INSPECTED BY THE BUILDING OFFICIAL
AND FIRE MARSHAL FOR COMPLIANCE WITH ALL LIFE SAFETY
REQUIREMENTS. ANY IDENTIFIED DEFICIENCIES MUST BE ADDRESSED
AND COMPLIANCE VERIFIED THROUGH A FOLLOW UP INSPECTION
BEFORE THE REGISTRATION WILL BE COMPLETED.
3. ALL REQUIRED DOCUMENTS LISTED IN B. WILL BE REVIEWED. ANY
REQUIRED CORRECTIONS OR CLARIFICATIONS MUST BE SUBMITTED TO
COMPLETE THE REGISTRATION PROCESS.
4. WHEN ALL REGISTRATION REQUIREMENTS HAVE BEEN MET, THE
DEVELOPMENT SERVICES DIRECTOR WILL ADMINISTRATIVELY
COMPLETE THE TOWN’S REGISTRATION PROCESS.
5. IF ALL OTHER REQUIREMENTS OF THIS ORDINANCE ARE MET, THE
DEVELOPMENT SERVICES DIRECTOR MAY ISSUE A CONDITIONAL
REGISTRATION FOR UP TO 90 DAYS WHILE THE APPLICANT APPLIES FOR
AND RECEIVES
A. THE LICENSE OR CERTIFICATE AS REQUIRED BY B.1.;
B. THE INSURANCE POLICY REQUIRED BY B.5.; AND,
C. THE MARICIOPA TAX VERIFICATION REQUIRED BY B. 9.
D. A TOWN BUSINESS LICENSE, IF APPLICABLE
THE APPLICANT MAY NOT OCCUPY THE RESIDENCE UNTIL THESE ITEMS
ARE RECEIVED BY THE TOWN. IF THE IF ONE OR MORE OF THESE ITEMS
ARE NOT RECEIVED BY THE TOWN WITHIN 90 DAYS, OR IS NOT
APPROVED, THE REGISTRATION OF THE PROPERTY WILL BE
RESCINDED. SHOULD THE LICENSE OR CERTIFICATE BECOMES
REVOKED FOR ANY REASON, THE COMMUNITY RESIDENCE OPERATOR
WILL HAVE 45 DAYS TO VACATE THE PROPERTY.
6. REREGISTRATION. THE COMMUNITY RESIDENCE OPERATOR MUST
REGISTER ANNUALLY BY SUBMITTING A NEW APPLICATION WITH ANY
UPDATED DOCUMENTS. THE REGISTRATION CAN BE RENEWED IF THE
FOLLOWING ARE MET:
A. THE HOME HAS MAINTAINED A CURRENT LICENSE OR
CERTIFICATE.
B. THE HOME OR OPERATOR HAS MAINTAINED A CURRENT TOWN
BUSINESS LICENSE, IF APPLICABLE.
ORDINANCE 22-01 PAGE 7
C. RE-INSPECTION OF THE PROPERTY HAS VERIFIED ONGOING
COMPLIANCE WITH LIFE SAFETY STANDARDS.
D. THE PROVIDER HAS COMPLIED WITH THE POLICIES AND
PROCEDURES ESTABLISHED IN B. 6.
E. VERIFICATION OF THE CURRENT, APPROPRIATE MARICOPA
COUNTY TAX STATUS
F. A COPY OF THE CURRENT INSURANCE POLICY AS REQUIRED IN B.
5.
D. PENALTY.
1. IF, UPON INSPECTION, A VIOLATION OF THE PROVISIONS OF THIS
ORDINANCE ARE FOUND, THE OWNER OF A PROPERTY THAT IS USED AS
A COMMUNITY RESIDENCE WILL BE GIVEN A 14 CALENDAR DAY GRACE
PERIOD TO CORRECT THE VIOLATION. IF THE VIOLATION HAS NOT BEEN
CORRECTED BY THE END OF THE 14-DAY PERIOD, THE TOWN MAY
IMPOSE A FINE OF $100 PER DAY PREDICATED ON THE DATE OF THE
VIOLATION FOR EACH DAY THE VIOLATION CONTINUES PAYABLE TO THE
TOWN.
2. SHOULD THE INSURANCE, REGISTRATION, OR LICENSURE LAPSE,
THERE WILL BE A PENALTY OF $100 PER DAY.
3. PROPERTY OWNERS OR COMMUNITY RESIDENCE OPERATORS WHO
RECEIVE ANY COMBINATION OF THREE VIOLATIONS OF EITHER TOWN
OR ARIZONA DEPARTMENT OF HEALTH SERVICES REQUIREMENTS
WITHIN A 12 MONTH PERIOD SHALL HAVE THEIR REGISTRATION
REVOKED AND WILL BE REQUIRED TO VACATE THE PROPERTY. THE
ARIZONA DEPARTMENT OF HEALTH SERVICES WILL BE NOTIFIED OF THE
TOWN’S ACTIONS.
4. KNOWINGLY PROVIDING FALSE OR MISLEADING INFORMATION ON A
REGISTRATION APPLICATION OR ANNUAL RE-REGISTRATION SHALL
RESULT IN IMMEDIATE TERMINATION OF REGISTRATION AND EVICTION.
5. TOWN WILL PROVIDE NOTIFICATION TO THE ARIZONA DEPARTMENT OF
HEALTH SERVICES OF ANY COMPLAINT AGAINST A REGISTERED
ADDRESS AND/OR ANY UNREGISTERED ADDRESS AS A MATTER OF
COURSE.
D. VIOLATIONS AND PENALTIES
1. IN ADDITION TO APPLICABLE PENALTIES UNDER ARIZONA LAW,
VIOLATIONS OF THIS COMMUNITY RESIDENCE ORDNANCE SHALL BE
SUBJECT TO THE PROVISION OF THE FOUNTAIN HILLS TOWN CODE,
SECTION 1-8-3, REGARDING CIVIL PENALTIES.
ORDINANCE 22-01 PAGE 8
2. IN ADDITION TO THE PROVISIONS ABOVE, REGISTRATION FOR A
COMMUNITY RESIDENCE MAY BE REVOKED AND THE COMMUNITY
RESIDENCE REQUIRED TO VACATE THE PROPERTY IF;
A. THE REQUIRED INSURANCE, REGISTRATION, LICENSURE OR
CERTIFICATE LAPSE AND ARE NOT REINSTATED WITHIN 45 DAYS
OF THEIR LAST EFFECTIVE DATE; OR,
B. THE PROPERTY OWNER OR COMMUNITY RESIDENCE OPERATOR
RECEIVES ANY COMBINATION OF THREE VIOLATIONS RELATED
TO THE OPERATION OF THE COMMUNITY RESIDENCE FROM
EITHER THE TOWN OR THE ARIZONA DEPARTMENT OF HEALTH
SERVICES WITHIN A 12-MONTH PERIOD.
C. THE APPLICANT FOR THE COMMUNITY RESIDENCE KNOWINGLY
PROVIDES FALSE OR MISLEADING INFORMATION ON THE
REGISTRATION OR ANNUAL RENEWAL.
SECTION 4. The Zoning Ordinance, Chapter 10, Single-Family Residential Districts, Section
10.02 A., Permitted Uses, is hereby amended as follows:
12. Group Homes for the Handicapped and Elderly Care; provided, that: COMMUNITY
RESIDENCE, SUBJECT TO THE REQUIREMENTS OF SECTION 5.13
a. No such home is located on a lot that is within one thousand – two hundred (1,200)
feet, measured by a straight line in any direction of the exterior lot lines of another
group home for the handicapped and elderly care.
b. No such home contains more than ten (10) residents.
c. Such home is licensed by the State of Arizona Department of Health.
d. Such home is registered with, and administratively approved by the Community
Development Director or designee, as to compliance with the standards of this
Ordinance.
SECTION 5. The Zoning Ordinance, Chapter 11, Multifamily Zoning Districts, Section 11.02 A,
Permitted Uses, is hereby amended as follows:
11. Group Homes for the Handicapped and Elderly Care; provided, that: COMMUNITY
RESIDENCE, SUBJECT TO THE REQUIREMENTS OF SECTION 5.13.
a. No such home is located on a lot within one thousand – two hundred (1,200) feet,
measured by a straight line in any direction, of the exterior lot lines of another group
home for the handicapped and elderly care.
b. No such home contains more than ten (10) residents.
c. Such home is licensed by the State of Arizona Department of Health Services.
ORDINANCE 22-01 PAGE 9
d. Such home is registered with, and administratively approved by the Community
Development Director or designee, as to compliance with the standards of this
Ordinance.
SECTION 6. 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
3rd day of May 2022.
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
Review of Group Home Requirements for Arizona Cities and Towns
City/Town # Residents Spacing Insurance Inspections Waivers
Apache
Junction
10, excluding
staff, but no
more than 12
with staff
1,200’
No
Annual
inspections
may be
required
No
Cave Creek 10, excluding
staff
660’ or 7 lots,
whichever is
greater;
No No Yes
Chandler 5, excluding
staff;
with waiver
then can go up
to 10
1,200’
No
No Yes
Flagstaff 10, including
staff
Did not find any
separation
requirements
No No No
Gilbert 5, unless
permitted by
State license,
then up to 10,
excluding staff
1,200’
No No Yes
Glendale 6 or more (no
cap), not
statement on
staff
1,200’
No No Yes
Maricopa
County
10, including
resident staff
1,200’
No No Yes
Mesa 10, excluding
staff
1,200’
No No Yes
Oro Valley 10, excluding
staff
1000’
No No No
City/Town # Residents Spacing Insurance Inspections Waivers
Paradise
Valley
10, excluding
staff
1,320’
No No Yes
Peoria 10, excluding
staff
1,320’
No No No
Phoenix Up to 5, no
requirements
6 – 10,
excluding staff
1,320’ (for 6 –
10)
No No Yes
Prescott 12, excluding
staff
800’, measured
along ROW
No No Yes
Tempe 5, excluding
staff
1,200’
No No Yes
Sedona No cap,
includes
reasonable
number of
staff
No separation
requirement
No Director can
inspect license
from State to
ensure use
meets
definition
No
Scottsdale 10 disabled, 12
with staff
1,200’
No No Yes
Yuma 10, excluding
staff
1,320’
No No No
Specific Code Sections
Apache Junction
§ 1-6-10 GROUP CARE HOMES.
(A) Definition. For purposes of city regulation, GROUP CARE HOMES are limited to assisted living
homes for the elderly, adult foster care homes, adult day health care facilities and group homes for the
developmentally disabled.
(B) Requirements. Group care homes are permitted subject to the following requirements:
(1) Permit required for single-family residential districts. An administrative use permit ("AUP") shall
be required prior to construction and/or operation of a group care home with 10 or less residents. This
limitation does not include the operator of the facility, members of the operator's family or staff
persons, except that the number of all persons living in the residential facility shall not exceed 12. Gro up
care homes with greater than 10 residents shall not be allowed.
(2) Permit required for multi-family residential and non-residential districts. A conditional use
permit ("CUP") shall be required prior to construction and/or operation of a group care home. The
number of residents shall be subject to the conditions of the CUP.
(3) Sign restrictions. No signs, graphics, displays, or other visual means of identifying the group care
home shall be visible from a public street.
(4) Separation requirement. A separation between group homes of no less than 1,200 feet is
required. Separation distances shall be measured from the property lines.
(5) Information requirement. Copies of all materials including licenses, certifications, or
registrations required for the group care home by a county, state or federal agency shall be submitted to
the city.
(6) Kitchen requirement. A common kitchen facility to serve all resident shall be required.
(7) Garbage. Any large and/or multiple trash receptacles not usually found in the residential area
shall be screened from public view.
(8) Exterior design. No exterior change that would alter the building's residential character shall be
made to the exterior of the building and grounds.
(9) Compliance with Building Code. The proposal shall comply with all applicable building and fire
safety regulations.
(10) Annual home inspections. The Director or designee may require and perform annual home
inspections in accordance with the Arizona Department of Health Services ("DHS") inspection checklist
and forward the findings of the inspection to DHS for further review and action. The administrative
process for conducting these inspections shall be established by city staff and will be available at the
Development Services Department.
(11) Preemptions. Notwithstanding the forgoing, if the state has adopted laws or rules for the
regulation of a specific type of group home, then any such state law or rule shall apply in addition to the
conditions listed herein and/or shall preempt any conflicting condition listed herein.
Cave Creek
SECTION 2.2 SINGLE RESIDENCE (R) ZONES
A. Purpose: The purpose of the Single Residence (R) zone is to conserve and protect residential areas
intended for single residential dwelling unit uses, taking into consideration existing conditions, current
land use, lot sizes, and future land use needs.
B. Allowable Uses:
9. Community residence. Except as required by state law, a community residence shall be permitted
only when
a. It is located at least 660 linear feet or seven lots, whichever is greater, from the closest
existing community residence as measured from the nearest lot line of the proposed community
residence to the nearest lot line of the closest existing community residence, and
b. The community residence or its operator is granted:
(1) Any available license or certification that the State of Arizona requires to operate the
proposed community residence within 120 days of the date on which the first individual
occupies the community residence; or
(2) If not required to be licensed by the State of Arizona, certification by the Arizona
Recovery Housing Association within 120 days of the date on which the first individual
to occupy the community residence; or
(3) A “conditional” Oxford House Charter within 30 days of the date on which the first
individual occupies the Oxford House and a “permanent” Oxford House Charter within
180 days after the “conditional” charter was issued.
c. A community residence that is denied a license that the State of Arizona requires or had its
license suspended or revoked, been denied certification by the Arizona Recovery Housing
Association or had its certification suspended or revoked, or been denied a permanent Oxford
House Charter or had its Oxford House Charter revoked or suspended, is not allowed in the
Town of Cave Creek and must cease operation and vacate the premises within 30 days of the
date on which its license, certification, or Oxford House Charter is denied, suspended, or
revoked. Each community residence must provide evidence to the Planning Director that it has
been granted its license, certification, or Oxford House Charter within ten business days of the
annual anniversary of being granted zoning approval.
d. No more than ten individuals occupy the community residence.
e. Except as required by state law, a proposed community residence must obtain a Disability
Accommodation in accord with Section 14.3C.11 of this code when:
(1) It would be located within 660 linear feet or seven lots, whichever is greater, from
the closest existing community residence as measured from the nearest lot line of the
proposed community residence to the nearest lot line of the closest existing community
residence; or
(2) The State of Arizona, Arizona Recovery Housing Association, and Oxford House do
not offer a license, certification, or Oxford House charter for the proposed community
residence; or
(3) More than ten individuals would occupy the community residence.
Chandler (Saved copy of application)
35-200. - Definitions.
Family: One (1) or more persons living together as a single housekeeping unit in a dwelling unit.
Group home: A residential dwelling unit for a group of no more than five (5) unrelated non -
transient persons, excluding staff, who do not have a disability, and are not living together as a
single housekeeping unit. Group home facilities may or may not be licensed by the state or
another governmental authority. This definition shall not include group homes for the
developmentally disabled nor adult foster care homes as specifically defined and provided for by
the Arizona Revised Statutes.
35-2212. - Group homes.
(1) Purpose. Group homes are permitted in all single family districts subject to the requirements
provided herein. The purpose of these regulations is to permit a group of unrelated persons who
are not living together as a single housekeeping unit to reside i n single family residential
neighborhoods while preserving the residential character of the neighborhood.
(2) Registration. Group homes shall submit a completed zoning clearance application and
required supplemental materials to the Planning Division on a form established by the Zoning
Administrator. For group homes that are licensed by the state, county or other governmental
authority, tentative zoning clearance may be issued upon verifying the application complies with
the standards below. Said group home s shall be considered to be registered with the city at the
time they receive tentative zoning clearance and shall submit to the city a copy of the license
issued by the state, county or other governmental authority within ninety (90) days, or said
registration shall be withdrawn. For group homes that are not licensed by the state, county or other
governmental authority, zoning clearance may be issued in place of tentative zoning clearance at
which time the group home shall be considered to be registered wi th the city. In all cases,
registration for group homes shall terminate when the group home use ceases.
(3) Standards. Group homes shall be subject to the continued, full and complete compliance with
the following standards:
1. Capacity. The number of residents, excluding staff, shall not exceed five (5).
2. Location. Group homes shall be separated a minimum of one thousand two hundred
(1,200) feet from other registered group homes and residential care homes, except no
separation is required when said faciliti es are separated by a freeway, arterial street,
canal, or railroad. For the purposes of this subsection, all separation distances shall be
measured from the property lines.
3. Signage. The group home shall have no identification from a public street by sig nage,
graphics, display, or other visual means, except for signage otherwise permitted
under Chapter 39, section 39-9 of the Chandler Sign Code.
4. Code compliance. The group home shall be in compliance with all applicable city
codes, including building codes, fire safety regulations, zoning and subdivision codes.
5. Parking. Any parking for the group home shall be on site and comply with requirement s
set forth in Article XVII Parking and Loading Regulations.
6. Maintenance. The exterior of the dwelling and yards shall be kept in a condition that is
consistent with the neighborhood pursuant to Chapter 30, Neighborhood Preservation, of
the City Code.
7. Exclusive use. All administrative activities, including staffing, counseling, and other
visitations, shall serve only the residents of the group home.
Flagstaff
10-80.20.070 Definitions, “G”
Group Home: A residential facility for eight or fewer unrelated persons providing living facilities, sleeping
rooms, and meals in a family-like environment. The number listed does not include the operator, members of
the operator’s family, or persons employed by the operator as staff, except that the total number of persons
living in a group home shall not exceed 10. This use shall be considered as a single-family dwelling in terms of
applicable building form standards. Residents are supervised by a sponsoring entity or its staff which furnishes
rehabilitative services to the group home residents. A group home is owned or operated under the auspices of
a nonprofit association, private care provider, government agency, or other legal entity, other than the residents
themselves or their parents or other individuals who are their legal guardians. A group home imposes no time
limit on how long an individual can reside in the group home. A group home is a relatively permanent living
arrangement where tenancy is measured in years. This category does not include a home for the
developmentally disabled or other institutional uses such as protective living or sheltered care facilities. See
“Institutional Residential.”
Gilbert
5.1.5 Group Homes for the Handicapped
5.1.5 Group Homes for the Handicapped
Group Homes for the Handicapped allow persons with disabilities to reside in single family
residential neighborhoods in compliance with the Fair Housing Act, while preserving the
residential character of the neighborhood and prevent a concentration of such facilities in any
area so as to institutionalize that area.
A. Registration
A completed registration form shall be submitted to the Development Services Department on a
form established by the Planning Manager or authorized designee. Registration shall become
effective upon issuance of a Certificate of Occupancy for the group home and shall terminate
when the group home use ceases. No registration shall be accepted for a group home that does
not comply with the requirements of the Zoning Code.
B. Zoning Confirmation
Prior to registration, a request for zoning confirmation may be submitted to the Development
Services Department to confirm that the proposed location of the group home is permitted
under this section.
C. Standards
1. Separation
The minimum separation between group homes and between any group home and any
recovery residence shall be 1,200 feet, as measured from the closest property lines. No
separation is required when group homes or a group home and recovery residence are
separated by a utility right-of-way of at least 300 feet in width, or by a freeway, arterial
street, canal, or railroad.
2. Occupancy
The number of residents, excluding staff, shall not exceed five (5) (unless permitted by
State License for up to 10).
3. Exterior Appearance
a. Group Homes shall comply with all Applicable Building and Fire Safety
Regulations.
b. If a group home has one or more non-ambulatory residents, building code
requirements in addition to those applicable to group homes with no non-
ambulatory residents, shall apply.
4. Licensing
Group homes shall comply with applicable licensing requirements. If a group home is
required by Arizona law to obtain a State License, a copy of that license and all renewals
thereto shall be provided to the Town for record-keeping purposes within 10 days of
receipt by the group home operator.
5. Parking
Any parking for the group home shall be on site and comply with the requirements of
Circulation, Parking and Loading.
6. Tenancy
No group home shall house any person whose tenancy would constitute a direct threat to
the health or safety of other individuals or to substantial physical damage to the property
of others.
7. Exclusive Use
All administrative activities including staffing, counseling and other visitations, shall
serve only the residents of the group home.
D. Additional Requirements of State Law
Notwithstanding the foregoing, if the State has adopted laws or rules for the regulation of a specific
type of home, such as a group home for the developmentally disabled pursuant to A.R.S. § 36 -582,
as amended, or an assisted living home pursuant to A.R.S. Title 36, Chapter 4, then any such State
law or rule shall apply in addition to all of the conditions listed below and shall preempt any
conflicting condition listed herein.
E. Request for Accommodation
1. If a Group Homeowner believes any requirement of the Zoning Code prevents the
establishment of a group home, the owner may submit to the Zoning Administrator a
written request for accommodation, accompanied by the reasons why the
accommodation is required. The written request shall contain sufficient facts to allow the
Zoning Administrator to make an individualized determination of the group home’s
needs, to address the Town’s safety and welfare concerns, and to ensure compliance
with this section. The Zoning Administrator shall, in consultation with the Town Attorney,
review the written request and determine:
a. Whether an accommodation should be made pursuant to the requirements of
the Fair Housing Act.
b. The nature of the accommodation taking into consideration the requirements
of the Fair Housing Act, public safety and welfare concerns, and the residential
character of the neighborhood.
c. The extent of the accommodation required to comply with the Fair Housing Act.
5.1.6 Recovery Residence
5.1.6 Recovery Residence
The purpose of these regulations is to permit persons recovering from substance abuse, and
their minor children, to reside in a group setting in residential neighborhoods in order to
facilitate integration and stabilization and to provide reasonable regulations to maintain the
residential character of neighborhoods and prevent a concentration of such facilities in an y
particular area so as to institutionalize that area.
A. Registration Required
Prior to beginning operations, the owner or operator of a recovery residence shall submit a
completed registration form to the Development Services Department on a form established by
the Planning Manager or authorized designee. The registration shall become effective upon
verification by the Zoning Administrator that the registration complies with the requirements of
the Zoning Code and that the recovery residence operator has obtained a valid Town of Gilbert
Business License for the recovery residence. A registration shall terminate when the recovery
residence use ceases.
B. Procedures
1. In addition to the registration form, the applicant shall submit an operations and
management plan (“O&MP”) to ensure compliance with state and local laws. O&MP shall
include:
a. Name and address of the business owner
b. Name, address and telephone number of the property owner and person in
control of the property
c. If the business owner and property owner are not the same person or entity,
applicant shall provide a notarized letter of authorization from the property owner
d. Emergency contact telephone number
e. The number of persons occupying each bedroom
f. Maximum number of occupants
g. A floor plan
h. Resident screening process
i. Guest and resident rules of conduct
C. Standards
1. O&MP Compliance
The recovery residence shall be operated and managed in compliance with the O&MP
submitted with registration, a copy of which shall remain on file with the Development
Services Department.
2. Separation
The minimum separation between recovery residences and between a recovery
residence and a group home shall be 1,200 feet as measured from the closest property
lines. No separation is required when recovery residences or a recovery residence and a
group home are separated by a utility right-of-way of at least 300 feet in width, or by a
freeway, arterial street, canal, or railroad.
3. Occupancy
The number of residents shall not exceed five (5), excluding staff and minor children.
4. Exterior Appearance
a. Parking
Parking for the recovery residence shall be on-site and shall comply with
Circulation, Parking and Loading.
b. Tenancy
No recovery residence shall house any person whose tenancy would constitute a
direct threat to the health or safety of other persons or to substantial physical
damage to the property of others.
c. Exclusive Use
All administrative activities, including staff, counseling and other visitations, shall
serve only the residents of the recovery residence.
d. State License
The applicant shall provide Gilbert with a copy of the State license required under
A.R.S. § 36-2064 (A), as amended.
D. Request for Accommodation
1. If a recovery residence owner believes any requirement of the Zoning Code prevents
the establishment of a recovery residence, the owner may submit to the Zoning
Administrator a written request for accommodation, accompanied by the reasons why
the accommodation is required. The written request shall contain sufficient facts to allow
the Zoning Administrator to make an individualized determination of the recovery
residence’s needs, to address the Town’s safety and welfare concerns, and to ensure
compliance with this section. The Zoning Administrator shall, in consultation with the
Town Attorney, review the written request and determine:
a. Whether an accommodation should be made pursuant to the requirements of
the Federal and State Fair Housing Laws.
b. The nature of the accommodation taking into consideration the requirements
of the Federal and State Fair Housing Laws, public safety and welfare concerns,
and the residential character of the neighborhood.
c. The extent of the accommodation required to comply with the Federal and State
Fair Housing Laws.
Glendale
7.502 - Group Homes.
A residential home or building(s) for six (6) or more unrelated individuals providing living facilities and
sleeping rooms and which also provides limited services, such as, but not limited to, meals, services to
promote emotional support, life skills development and/or employment training. ("Group Homes") shall
be permitted, provided that:
A. No Group Home is located on a lot within one thousand three hundred twenty (1,320) feet,
measured by a straight line in any direction, from the lot line of another Group Home, unless a
disability accommodation is authorized under this section;
1.Disability accommodation.
a. A disability accommodation from a development standard or separation requirement
shall not be authorized unless the Board of Adjustment shall find upon sufficient
evidence all of the following:
(1) The requested accommodation is requested by or on the behalf of one (1) or
more individuals with a disability protected under Federal and Arizona Fair
Housing Laws (42 U.S.C. § 3600 et seq. and A.R.S. § 41-1491 et seq.);
(2) The requested accommodation is necessary to afford an individual with a
disability equal opportunity to use and enjoy a dwelling;
(3) The standard or requirement unduly restricts the opportunity for a person
with a disability from finding adequate housing within the City of Glendale;
(4) The requested accommodation does not fundamentally alter the nature and
purpose of the Zoning Ordinance of the City of Glendale;
(5) The requested accommodation will not impose an undue financial or
administrative burden on the city, as "undue financial or administrative burden"
is defined in Federal or Arizona Fair Housing Laws (42 U.S.C. § 3600 et seq. and
A.R.S. § 41-1491 et seq.) and interpretive case law;
b. The profitability or financial hardship of the owner/service provider of a facility shall
not be considered in determining whether to grant a disability accommodation.
c. The requested accommodation must comply with all applicable building and fire
codes.
d. The requested accommodation must not, under the specific facts of the application,
result in a direct threat to the health or safety of other individuals or substantial physical
damage to the property of others.
e. The requested accommodation shall be made in any form. However, upon receipt,
the city may require the requestor to comply with the procedures ordinarily followed,
including the submittal of an application and payment of the required fee as published
in the fee schedule, and the city may require the requestor to comply with all public
notification requirements.
B. Where legally required, the Group Home is licensed by, certified by, approved by, registered
with, or under contract with a Federal, State, or local government and evidence of such is
provided to the Planning Department within sixty (60) days of approval of the Planning
Department;
C. No exterior change which would alter its residential character shall be made to the exterior of
the building(s) and the grounds;
D. The location of the Group Home has been approved by the Planning Department; and
E. An administrative record of each Group Home shall be maintained with the Planning
Department.
Maricopa County
SECTION 1207. COMMUNITY RESIDENCES AND RECOVERY
COMMUNITIES*1
ARTICLE 1207.1 PURPOSE: Setting a framework by which community residences and recovery
communities may locate and operate, and, as warranted, offering a reasonable accommodation to allow
a community residence or recovery community as required by the Federal Fair Housing Act to locate
within the minimum 1200 foot spacing distance, to allow a community residence to operate when no
state license or certification is available, or to allow a community residence to exceed the maximum ten
residents.
ARTICLE 1207.2 GENERAL PROVISIONS:
1207.2.1. Community residences are permitted in all zoning districts except for C-O and C-S, subject to
the provisions and standards outlined in this Section.
1207.2.2. Recovery communities are permitted in R-3, R-4, R-5, C-1, C-2, C-3, IND- 1, IND-2 and IND-3
zoning districts subject to the provisions and standards outlined in this section.
ARTICLE 1207.3. STANDARDS: The following standards shall apply as specified to Community Residences
and Recovery Communities:
1207.3.1. Location:
1. Except as required by state law, a community residence is permitted in all zoning districts where
residences are permitted when it will be located at least 1200 linear feet from the closest existing
community residence, group care facility or recovery community as measured from the nearest
lot line of the proposed community residence to the nearest lot line of the closest existing
community residence or recovery community and complies with the other provisions in Section
1207.
2. Except as required by state law, a recovery community is permitted in certain zoning districts
where multiple-family housing is permitted when it will be located at least 1200 linear feet from
the closest existing community residence, group care facility or recovery community as measured
from the nearest lot line of the proposed recovery community to the nearest lot line of the closest
existing community residence or recovery community and complies with the other provisions in
Section 1207.
3. A reasonable accommodation may be granted in accord with Article 1207.3.7 to locate within
1200 feet of the closest existing Community Residence or Recovery Community.
1207.3.2. Maximum Number of People:
1. No more than ten unrelated individuals including live-in staff will occupy the community
residence.
2. A reasonable accommodation to exceed ten occupants may be granted in accord with Article
1207.3.7.1.a.
1207.3.3. Characteristics of Occupants:
1. Residents shall not be adjudicated.
1207.3.4. Licensure:
1. No community residence or recovery community shall receive a Certificate of Occupancy until
the use or its operator has been or will be issued:
a. The license or certification that the State of Arizona requires to operate
the proposed community residence or recovery community; or
b. Provisional certification by the Arizona Recovery Housing Association and then permanent
certification within 180 days of the date or which provisional certification was granted; or
c. A “conditional” Oxford House Charter within 30 days of the date on which the first
individual occupies the Oxford House and a “permanent” Oxford House Charter within 180
days after the “conditional” charter was issued; or
d. When neither the State of Arizona nor the Arizona Recovery Housing Association does not
offer a license or certification a proposed community residence, a reasonable accommodation
has been issued in accord with Article 1207.
2. A reasonable accommodation may be granted for a community residence in accord with Article
1207.3.7.1.c. to operate when no state license or certification is available.
3. Upon application to establish a community residence or recovery community, the community
residence or recovery community and/or its operator shall provide documented evidence that it
has applied for any licensure the State of Arizona requires, for certification by the Arizona Recovery
Housing Association, for an Oxford House Charter.
4. Upon termination, revocation, nonrenewal, or suspension of its license or certification, a
Community Residence or Recovery Community must be closed within 60 calendar days, and the
operator of the Community Residence or Community Residence must return residents to their
families or relocate them to a safe and secure living environment.
1207.3.5. Annual Documentation:
1. The operator or owner of a community residence or recovery community shall provide to the
Zoning Inspector or their designee a copy of its renewed license, certification, or Oxford House
Charter within ten business days of the annual anniversary of being granted zoning approval.
Failure to maintain annual documentation shall be immediate grounds to deem the community
residence or recovery community and/or its operator in violation of the Zoning Ordinance.
1207.3.6. Ownership:
1. Any license or permit issued by the Department for a community residence or recovery
community Maricopa County is assigned to the owner of record or to the principal or chief
executive officer of the legal entity in possession of the property.
2. Any license or permit issued by the Department for a community residence or recovery
community is not transferable and does not run with the land.
1207.3.7. Reasonable Accommodation:
1. The Zoning Inspector or their designee may grant a reasonable accommodation for reasons
particular to the proposal of a community residence or recovery community under one or more of
the following circumstances when it is found that the specified standards are met:
a. A community residence or recovery community is proposed to be located fewer than the
required 1200 linear feet of an existing community residence or recovery community may be
granted reasonable accommodation to locate where proposed when it is found that the
applicant has demonstrated by a preponderance of the evidence that all of the following
standards are met:
1. The proposed community residence or recovery community is separated from the
closest existing community residence or recovery community by an interstate, freeway,
canal, or other right-of-way at least 300 feet wide; or the proposed community residence
will not interfere with the use of neighbors without disabilities as role models and the
normalization and community integration of the residents of the closest existing
community residence or recovery community, and that the presence of other community
residences and/or recovery communities will not interfere with the normalization and
community integration of the residents of the proposed community residence or
recovery community; and
2. The proposed community residence in combination with any existing community
residences and/or recovery communities will not alter the residential character of the
surrounding neighborhood by creating an institutional atmosphere or by creating or
intensifying an institutional atmosphere or de facto social service district by clustering
community residences and/or recovery communities on a block face or concentrating
them in a neighborhood.
b. Except as required by state law, a reasonable accommodation to house more than ten
unrelated individuals in a community residence may be approved only when it is found that
the applicant has demonstrated by a preponderance of the evidence that all of the following
standards are met:
1. The proposed number of residents greater than ten is necessary to ensure the
therapeutic and/or financial viability of the proposed community residence; and
2. The proposed community residence will emulate a biological family and operate as a
functional family rather than as a boarding or rooming house, nursing home, short term
rental, continuing care facility, motel, hotel, detoxification center, treatment center,
rehabilitation center, institutional use, group care facility, or assisted living facility that
does not comport with the definition of “community residence,” or any other
nonresidential use; and
3. Allowing the requested number of residents in the proposed community residence will
not interfere with the normalization and community integration of the occupants of any
existing community residence or recovery communities and the use of neighbors without
disabilities as role models.
c. When the State of Arizona does not offer a license or certification for the type of
community residence proposed and the population it would serve, the Arizona Recovery
Housing Association does not offer certification, or the proposed community residence is not
eligible to be granted an Oxford House Charter, a reasonable accommodation may be issued
only when it is found that the applicant has demonstrated by a preponderance of the
evidence that all of the following standards are met:
1. The proposed community residence will be operated in a manner essentially similar to
that of a licensed or certified community residence; and
2. Staff who reside and/or work at the community residence will be adequately trained in
accordance with standards typically required by state licensing or certification for a
community residence; and 3. The community residence will emulate a biological family
and be operated to achieve normalization and community integration; and
4. The rules and practices governing how the community residence operates will actually
protect the residents from abuse, exploitation, fraud, theft, neglect, insufficient support,
use of illegal drugs or alcohol, and misuse of prescription medications.
1207.3.8. Violation:
1. When a community residence or recovery community and/or its operator is unable to comply
with the conditions set forth in 1207.3.1., 1207.3.2., 1207.3.3., 1207.3.4, 1207.3.5. and 1207.3.6.
above, it shall be deemed to be in violation of the Zoning Ordinance, its occupants must be
relocated to safe and secure housing, and the community residence or recovery community must
be vacated within 30 days of being found responsible at hearing.
Mesa
11-31-14: - COMMUNITY RESIDENCES
A community residence (family and transitional) shall be located, developed and operated in compliance
with the land use regulations in Article 2 and the following standards:
A. General Requirements.
1. Spacing Requirements. A minimum distance of 1,200 feet from the closest existing community
residence, assisted living home, or assisted living center, as measured under section 11-2-3(C), unless
separated by a significant intervening natural or manmade feature such as, but not limited to, a canal,
municipal open space of at least ten (10) acres (e.g., park, golf course, etc.), a railroad, or a highway,
that is approved by the Zoning Administrator.
2. Occupancy. Five (5) up to a maximum of ten (10) individuals (not including staff).
3. Licensure and Certification. A community residence must obtain one (1) or more of the following:
(a) License or certification from the State of Arizona required to operate the proposed community
residence; or
(b) Certification by the Arizona Recovery Housing Association if not required to be licensed by the State
of Arizona; or
(c) A "Permanent" Oxford House Charter.
B. Community Residences Requiring a Conditional Use Permit. In certain zoning districts community
residences are not allowed by right but require the approval of a conditional use permit. A conditional
use permit shall be granted only if the governing body finds that the applicant has demonstrated that all
of the following criteria are met:
1. The proposed use will be compatible with the residential uses allowed as of right in the zoning
district;
2. The proposed use in combination with any existing community residences, assisted living homes, and
assisted living centers will not result in a clustering of such uses or alter the residential character of the
surrounding neighborhood by creating or intensifying an institutional atmosphere; and
3. The proposed use will not interfere with normalization and community integration of the residents of
any existing community residences, assisted living homes, or assisted living centers, and that the
presence of other existing community residences, assisted living homes, or assisted living centers will
not interfere with normalization and community integration of the residents of the proposed use;
4. The applicant has submitted a "good neighbor policy" in narrative form that includes:
(a) A description of acceptable measures to ensure ongoing compatibility with adjacent uses;
(b) The name and telephone number of the manager or person responsible for the operation of the
facility;
(c) Complaint response procedures including investigation, remedial action, and follow-up procedures;
and
(d) The proposed use complies with all other development standards in this Chapter.
C. Registration, Renewal, and Revocation. A community residence must register with the City and
renew its registration as set forth below:
1. Registration Process for Community Residences That Do Not Require a Conditional Use Permit. An
applicant for a community residence that does not require a conditional use permit to operate and is
not requesting a reasonable accommodation under Section 11-31-14(D), must register with the City by
submitting the City's registration application according to Chapter 67, Common Procedures. If the use
complies with all City requirements, the applicant will receive provisional registration approval from the
planning division. To obtain final registration, the applicant must provide evidence of the required
license or certification within 120 days from the date the provisional registration was approved.
2. Registration Process For a Community Residence That Requires a Conditional Use Permit or is
Requesting a Reasonable Accommodation. A community residence that requires a conditional use
permit to operate or that requests a reasonable accommodation to the standards in Section 11-31-
14(a), must register with the city by submitting the City's application for a conditional use permit
according to Chapter 67, Common Procedures, and by providing evidence of compliance with all City
requirements. The request will be reviewed by the applicable governing body. approval of the
conditional use permit grants the applicant provisional registration. To obtain final registration, the
applicant must provide evidence of the required license or certification within 120 days from the date
the provisional registration was approved; except registration for a community residence that is granted
a reasonable accommodation to the license and certification requirement is considered final and no
other action is required.
3. Registration Renewal. Registration of a community residence is valid for one (1) year and must be
renewed annually on or before the expiration date of the registration. To renew a registration, the
operator of a community residence shall submit to City an application for renewal and evidence of a
current state license, certification or Oxford House Charter.
4. Revocation. The registration and conditional use permit obtained by a community residence may be
revoked as set forth in this section:
(a) Facilities Without a Conditional Use Permit. In the event the license, certification or Oxford House
Charter for a community residence is denied or revoked, the City of Mesa registration will automatically
terminate after 15 calendar days of the date of the City's written notification to the applicant; and the
community residence must cease operation 45 calendar days from the date of the City's written
notification.
(b) Facilities With a Conditional Use Permit. A community residence that requires a conditional use
permit to operate or that has applied for or received a special use permit for a reasonable
accommodation and whose license, certification, or oxford house charter required in Section 11-31-
14(a)(3) is denied or revoked, the City of Mesa registration shall automatically terminate, and the
conditional use permit is subject to the revocation process in Chapter 70. If the conditional use permit is
revoked, the community residence must cease operation within 45 calendar days from the date the
conditional use permit is revoked.
D. Reasonable Accommodation. A community residence that does not meet the spacing, occupancy or
licensure requirements may request a reasonable accommodation through the special use permit
process. The accommodation being sought must be reasonable and necessary to afford individual(s)
with disabilities an equal opportunity to use and enjoy housing that is the subject of the request. The
process to apply for a special use permit are provided in Chapter 67, Common Procedures, except a
citizen participation plan and report is not required.
1. Accommodation to Spacing Requirements. A special use permit to the spacing requirements shall be
granted only if the governing body finds that the applicant has demonstrated that the proposed use
meets all of the following criteria:
(a) The proposed use will not interfere with the community integration of the residents of any existing
community residences, assisted living homes, or assisted living centers, or their ability to interact with
neighbors without disabilities; and the presence of other community residences, assisted living homes,
or assisted living centers will not interfere with the community integration and interaction of the
residents of the proposed use;
(b) The proposed use in combination with any existing community residences, assisted living homes, or
assisted living centers will not alter the residential character of the surrounding neighborhood by
creating or intensifying an institutional atmosphere or by creating or intensifying a de facto social
service district by clustering or concentrating community residences, assisted living homes, or assisted
living centers; and
(c) The proposed use complies with all other development standards in this Chapter.
2. Accommodation to Licensure Requirements. When the state, Arizona Recovery Housing Association
or Oxford House does not offer a license, certification, or charter for the type of community residence
and the population it will serve, the community residence may request a special use permit. the special
use permit shall be granted only if the governing body finds that the applicant has demonstrated that all
of the following criteria are met:
(a) The proposed use will operate in a manner effectively similar to a licensed or certified community
residence;
(b) Staff will be adequately trained under standards typically required by the state or Oxford House for
a community residence;
(c) The proposed use will have operating rules and practices that will protect residents from abuse,
exploitation, fraud, theft, insufficient support, use of illegal drugs or alcohol, and misuse of prescription
medications;
(d) The proposed use will emulate a family and will operate to achieve community integration; and
(e) The proposed use otherwise complies with all other development standards in this Chapter.
3. Accommodation to Occupancy Limits. A community residence that wants to house more than ten
(10) people may request a special use permit. A special use permit shall be granted only if the governing
body finds that the applicant has demonstrated that the proposed community residence meets all of the
following criteria:
(a) The number of residents over ten (10) is needed for therapeutic viability of the proposed community
residence;
(b) The number of residents in the proposed community residence will emulate and operate as a family
rather than a boarding house, skilled nursing facility, short-term rental, treatment center, social service
facility or other nonresidential uses; and will not interfere with the community integration of the
occupants of any existing community residences, assisted living homes, or assisted living centers;
(c) The primary function of the proposed community residence is residential where any treatment is
merely incidental to the residential use of the property;
(d) The proposed community residence has sufficient parking for the requested number of occupants so
as not to impact the adjacent properties; and
(e) The proposed use complies with all other standards in this Chapter.
Oro Valley
Chapter 31 Definitions
Assisted Living Home A dwelling unit used as a primary residence for ten (10) or fewer
residents who receive supervisory care services, personal care services or directed care services
on a continual basis.
Family A person living alone, up to but no more than ten (10) persons unrelated to each other by blood,
marriage or legal adoption, living together in a dwelling unit existing solely as a single housekeeping
unit, with common access to all living, eating, kitchen and storage areas within the dwelling unit.
Section 25.1 Requirements for Specific Uses
B. Requirements for Specific Nonresidential Uses
1.Assisted Living Home
a. No assisted living home shall be located closer than one thousand (1,000) feet to
another assisted living home. The minimum one thousand (1,000) foot separation shall be
maintained between property lines, measured on a straight line.
b. No assisted living home shall contain more than ten (10) residents and an appropriate
number of support staff.
Paradise Valley
Article XVII. ASSISTED LIVING HOME 564 567
Section 1701. Assisted Living Home, subject to the following provisions:
A. Distribution of Uses. No assisted living home shall be located on a lot within one thousand three
hundred and twenty (1,320) feet, measured by a straight line in any direction, from the lot line of
another assisted living home located within the Town of Paradise Valley or any other adjacent
jurisdiction.
B. Occupancy. The number of residents at such home shall be limited by applicable state laws, including
any minimum square footage requirement per person, but in no event shall the number of residents
exceed ten (10), not including staff.
C. Licensure. Such home shall be licensed or certified by the State of Arizona, and satisfactory evidence
thereof shall be on file with the Town. In the event that the State of Arizona revokes or terminates the
license or certification to operate such a home, the person operating the home shall immediately cease
operations and inform the Town of such revocation or termination.
D. Administrative Review. Such home shall be reviewed and approved by the Planning Department
Director, or designee, for building code and land use compliance prior to the use commencing.
E. Code compliance. Such home shall comply with all applicable Town codes, including building codes,
fire safety regulations, zoning and subdivision codes.
F. Compatibility. Such home and its premises shall be maintained in a clean, well-kept condition that is
consistent in materials and design style with homes in the surrounding or adjacent neighborhood.
G. Threat to Community. Such home shall not house any person whose tenancy would constitute a
direct threat to the health or safety of other individuals or would result in substantial physical damage
to the property of others.
H. All parking by staff associated with such home shall be on site.
Peoria
Sec. 21-202 Definitions
Family means:
1. An individual or two or more Family Members and usual servants living together as a single
housekeeping unit in a dwelling unit, or
2. A group of not more than ten persons who need not be Family Members, living together as a single
housekeeping unit in a dwelling unit.
Sec. 21-812. - Group Homes, Day Care Group Homes, Group Care Facilities, and Community
Residential Setting Facilities.
A. Group Homes (SFR, RM-1, AG, SR-43, SR-35). Group Homes shall comply with the following:
1. The single-family residential character of the structure shall be maintained, and additions, alterations,
modifications, or accessory uses shall be subject to the same requirements as individual single family
detached dwelling units.
2. The applicant, owner, or proprietor shall file a Certificate of Registration with the Community
Development Department, and the Community Development Director or designee, after ascertaining
compliance with all applicable regulations, shall administratively approve the Certificate.
3. The property line of the lot on which the Home is located shall be a minimum of one thousand, three
hundred twenty (1,320) feet, measured in a straight line in any direction, from the property line of a lot
where any other similar residential facility is located.
4. In the event that the appropriate State licensing agency revokes or terminates an applicant's license,
the Certificate of Registration filed with the City shall be deemed to be revoked as of the date of said
revocation or termination.
Phoenix
Sec. 6.08 C Permitted Uses
Sec. 6.08 D Permitted Uses with Conditions
2. Community residence home; provided, that:
a. The home has no more than five residents, not including staff (unless permitted by
Section 36-582(A), Arizona Revised Statutes); or
b. For a home with six to ten residents, not including staff, the following conditions shall apply:
(1) Such home shall be registered with, and administratively verified by, the Planning
and Development Department Director’s designee as to compliance with the standards
of this section as provided in Section 701.
(2) No community residence home shall be located on a lot with a property line within
1,320 feet, measured in a straight line in any direction, of the lot line of
another community residence home that has been registered with six to ten residents.
(3) Disability accommodation from the spacing requirement may be requested by an
applicant per Section 701.E.3.
Prescott
Table 2.3
Footnotes
2 “Stand-alone professional practices” (practices not having a residential component) are possible subject to the
processing of a conditional use permit.
3 A community residence is allowed as of right if it (1) is at least 800 linear feet from the closest existing community
residence as measured from the nearest property line of the proposed community residence to the nearest property
line of the existing community residence along legal pedestrian rights-of-way, and (2) the operator or applicant is
licensed or certified by the State of Arizona to operate the proposed community residence, ha s certification from an
appropriate national accrediting agency, or has been recognized or sanctioned by Congress to operate the proposed
community residence, except as required by state law. Except as provided by state law, a conditional use permit must
be obtained in accord with the use standards specified in Section 2.4.17 for any community residence that does not
meet both criteria (1) and (2).
2.4.17 / Community Residence, Family and Transitional (Residential Use Categories)
Family and transitional community residences shall be subject to the following standards:
A. A complete application to permit a community residence shall be submitted to the Community
Development Director. If a Conditional Use Permit is required, a separate application must be
submitted as set forth in Section 9.3.
B. A required conditional use permit may be issued only if the proposed community residence
meets the following standards:
1. The applicant demonstrates that the proposed community residence will not interfere with
the normalization and community integration of the residents of any existing community
residence and that the presence of other community residences will not interfere with the
normalization and community integration of the residents of the proposed community
residence.
2. The applicant demonstrates that it will operate the home in a manner similar to that
ordinarily required by state licensing to protect the health, safety, and welfare of the occupants
of the proposed community residence.
3. The applicant demonstrates that the proposed community residence in combination with
any existing community residences will not alter the residential character of the surrounding
neighborhood by creating an institutional atmosphere or by creating a de facto social service
district by concentrating community residences on a block or in a neighborhood.
C. If the state of Arizona does not require the proposed community residence to be licensed,
services that require licensure under state law may not be provided at the community residence.
D. To establish a community residence for more than 12 individuals with disabilities, the applicant
may apply for a Waiver for Reasonable Accommodation for community residences for persons with
disabilities which are considered and acted upon by the Community Development Director, or her
designee. In all cases the Community Development Director shall make findings of fact in support of
his determinations and shall render his decision in writing. The Community Development Director
may meet with and interview the applicant to ascertain or clarify information sufficiently to make the
required findings. To grant a Waiver for Reasonable Accommodation, the Community Development
Director shall find affirmatively all of the following standards:
1. The applicant demonstrates that the proposed community residence can and will emulate
a biological family and function as a residential use rather than an institutional or other
nonresidential use.
2. The applicant demonstrates that the proposed community residence needs to house more
than 12 residents for financial or therapeutic reasons.
3. The applicant demonstrates that the
proposed community residence will not interfere with the normalization and community
integration of the residents of any existing community residence and that the presence of other
community residences will not interfere with the normalization and community integration of
the residents of the proposed community residence.
4. The applicant demonstrates that it will operate the home in a manner similar to that
ordinarily required by state licensing to protect the health, safety, and welfare of the occupants
of the proposed community residence.
5. The applicant demonstrates that the proposed community residence in combination with
any existing community residences will not alter the residential character of the surrounding
neighborhood by creating an institutional atmosphere or by creating a de facto social service
district by concentrating community residences on a block or in a neighborhood.
E. An applicant may appeal denial of a Waiver for Reasonable Accommodation by the Community
Development Director or her designee pursuant to Section 9.17.
Tempe
Section 3-409 - Group Homes for Adult Care, Persons with Disabilities, and Child Shelter.
A. Purpose. The purpose of these regulations is to permit child shelters, and a group of unrelated
persons with disabilities, to reside together in residential neighborhoods in compliance with the federal
Fair Housing Act (Section 3601 of Title 42 of the United States Code), while preserving and maintaining
the residential character of the neighborhood. The Federal Fair Housing Act prohibits discrimination in
housing on the basis of race, color, religion, sex, national origin, familial status, and disability.
B. Applicability and Registration. Group homes are permitted in an individual dwelling unit on a lot
within any district that allows residential uses, subject to the requirements provided herein. Group
homes shall submit a completed verification application and required supplemental materials to the
Community Development Department on a form established by the Zoning Administrator. A group
home zoning clearance letter may be issued upon verifying the application complies with the standards
listed in subsection C.
1. Group homes that are licensed by the state, county or other governmental authority, shall be
considered to be registered with the City at the time they receive tentative group home zoning
clearance and shall submit a copy of the license issued by the state, county or other governmental
authority to the City within ninety (90) days, or said registration shall be automatically withdrawn.
2. For group homes that are not licensed by the state, county or other governmental authority, group
home zoning clearance may be provided in place of a tentative zoning clearance at which time the group
home shall be considered to be registered with the City.
3. In all cases, registration for group homes shall expire when the group home use ceases. The operator
shall notify the Community Development Department within thirty (30) calendar days of the group
home ceasing operation. Any new group home seeking registration of a prior group home site shall
require a new application in compliance with the regulations set forth.
C. Standards. Group homes shall comply with the following standards:
1. Capacity. The number of residents within a group home, excluding staff, shall not exceed five (5).
2. Location. Group homes shall not be located on a lot that is within one thousand two hundred (1,200)
feet, measured by a straight line in any direction, from the lot line of another registered group home.
3. Signs. A group home shall have no identification from a public street by signage, graphics, display, or
other visual means, except for signage permitted under Table 4-903B. Sign Type B of this Code.
4. Code compliance. A group home shall be in compliance with all applicable city codes, including
building codes, fire safety regulations, zoning and subdivision codes.
5. Parking. Any parking for the group home shall be maintained on site and comply with requirements
set forth in Part 4, Chapter 6 - Parking of this Code, and Section 21-3(b)(4), of the Tempe City Code.
6. Maintenance. The exterior of the dwelling and yards shall be kept in a condition that is consistent
with requirements set forth in Section 21-3 of the Tempe City Code.
7. Exclusive use. All administrative activities, including staffing, counseling, and other visitations, shall
serve only the residents of the group home.
D. Reasonable Accommodation Waiver. The purpose of this Section is to establish a procedure for
persons with a disability to make a request for reasonable accommodation in the application of Tempe's
zoning rules, policies, practices and procedures pursuant to Section 3604(f)(3)(b) of Title 42 of the Fair
Housing Act which prohibits local government from refusing to make reasonable accommodations when
these accommodations are necessary to afford persons with disabilities equal opportunity to use and
enjoy a dwelling. A reasonable accommodation for a group home will be granted or denied, In
accordance with the requirements stated herein. A request for such a reasonable accommodation
waiver must be in writing and filed with the Zoning Administrator (exceptions for the waiver request to
be in writing may be made on a case-by-case basis). In all cases, the Zoning Administrator, or designee,
shall make findings of fact in support of their determination and shall render a decision in writing. The
Zoning Administrator may meet with the person making the request for additional information or
discuss an alternative accommodation, in order to ascertain or clarify information sufficiently to make
the required findings. To grant a reasonable accommodation waiver, the Zoning Administrator shall find
affirmatively all of the following:
1. The requesting party or future occupants of the housing for which the reasonable accommodation
has been made are protected under the Fair Housing Act and/or the Americans with Disabilities Act;
2. The request is reasonable and necessary to afford an individual with a disability an equal opportunity
to use and enjoy a dwelling;
3. The request will be in compliance with all applicable building and fire codes;
4. The request will allow for the maintenance and preservation of the residential characteristics of the
neighborhood and will not create a substantial detriment to neighboring properties by creating traffic
impacts, parking impacts, impacts on water or sewer system, or other similar adverse impacts; and
5. Profitability or financial hardship of the owner/service provider of a facility shall not be considered by
the Zoning Administrator in determining to grant a reasonable accommodation waiver.
E. Appeal. An appeal of the decision by the Zoning Administrator may be made regarding reasonable
accommodation to the Board of Adjustment pursuant to Part 6, Chapter 8, Appeals.
Sedona
Sec. 9.9 Other Defined Terms
Family
Any one of the following:
(a) One or more persons related by blood, marriage or adoption, with or without minor children; or
(b) One or more unrelated persons with disabilities residing in a group home licensed by the state of
Arizona. A group home must maintain a copy of its current state license at the dwelling unit available for
inspection by the Director in order to qualify as a family pursuant to this definition. For purposes of this
definition, a “family” may include a reasonable number of staff persons, who may or may not be
domiciled with the family, providing support services, including but not limited to domestic, medical, or
other similar services; or
(c) No more than a total of four unrelated adults with or without minor children, domiciled on a single
residential lot.
Scottsdale
Sec. 5.102 (Residential) Use Regulations
(2) Care home is subject to the following criteria:
a. Floor area ratio: Is limited to thirty-five hundredths (0.35) of the net lot area.
b. Capacity: The maximum number of residents, including up to ten (10) disabled persons, the
manager/supervisor, property owner, and residential staff at the home is twelve (12) per residential lot.
c. Location: A care home shall not be located within twelve hundred (1200) feet, measured from lot line
to lot line, of another care home.
d. Compatibility: The home and its premises shall be maintained in a clean, well-kept condition that is
consistent in materials and design style with homes in the surrounding or adjacent neighborhood.
e. Criteria: Care homes must be licensed by the State of Arizona and must provide proof of such
licensing by the State of Arizona as a health care institution to the Director of Planning prior to the
commencement of operations. All care homes must pass an initial and annual fire inspection
administered by the Scottsdale Fire Department. Proof of such inspection and of correction of any noted
deficiencies must be available at the care home at all times.
f. Accommodation: A disabled person may request a disability accommodation from the above criteria
or a development standard pursuant to Section 1.806. of this Zoning Ordinance.
Yuma
Sec. 154-01.07 Definitions
RESIDENTIAL CARE FACILITY, SMALL. Establishments primarily engaged in the provision of
residential social and personal care for ten or fewer persons with some limits on ability for self-
care, such as children, the elderly, but where medical care is not a major element. Included are
establishments providing 24-hour year-round care for children. These facilities shall not include
any persons whose occupancy would constitute a direct threat to the health or safety of other
individuals or would result in substantial physical damage to the property of others.
Establishments of this type located within any residential districts shall not be located within
1,320 feet of a child day care services (large), a nursing care facility, large or small, or a
residential care facility, large or small that are also located within any residential district (SIC
8361).
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/05/2022 Meeting Type: Town Council Regular Meeting
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 Town Council Regular Meeting (Agenda Language): PUBLIC HEARING,
CONSIDERATION AND POSSIBLE ACTION: Ordinance 21-01, amending Chapters 1, 5, 10, and 11 of
the Zoning Ordinance to provide the definition of family and community residences, the regulations for
community residences, and provide the zoning districts where community residences are permitted.
Staff Summary (background)
Background
Over the last several months, staff, the Planning and Zoning Commission (P & Z), and public have
discussed issues related to provision of detoxification services and the regulations for provision of group
homes for the handicapped. The goal of this discussion has been to develop new regulations, or
modifications to existing regulations, for these uses as allowed and required by law while protecting our
citizens and neighborhoods from potential negative impacts from these land uses. This report focuses
on the issues for group homes and recommends changes to the zoning ordinance to better regulate this
land use. A future report and ordinance will be submitted to address the topic of detoxification
facilities and treatment centers.
Discussion
This report focuses on possible amendments to town ordinances to better address group homes to
ensure they are provided in a manner that is compatible with their residential setting. The purpose of
neighborhoods and residential zoning is to provide a safe and stable area for people to live away from
the noise and activity of other areas of the community. Residentially zoned areas are primarily (but not
exclusively) places for housing. Each house, or dwelling unit, is to house one family. A family is an
individual, two or more people related through blood or marriage, or some number of unrelated
individuals as established through the ordinance. There is no limit to the size of a biological family in a
home. Usually the code sets a maximum number of unrelated individuals who can occupy a one
dwelling, that number is usually between 4 - 6.
Neighborhoods and dwellings include people who have handicaps or disabilities. Sometimes these
individuals live along or as part of a traditional family. Other times they benefit from living with other
people with similar disabilities in order to support each other and, in some cases, have support people
who assist them with the needs of daily living. In order for this to work efficiently and provide the
support and services they need, it is not uncommon for the number of disabled persons sharing a home
to exceed the maximum number of unrelated individuals typically allowed within one home. In order to
allow for this, the Fair Housing Act and the Americans with Disabilities Act requires that local
communities make reasonable accommodations in their ordinances to allow the opportunity for "group
homes" or "community residences" that will have more people in a home than would otherwise be
allowed. In trade for allowing this exception to the ordinance, the local jurisdiction can establish some
basic parameters under which such home can operate to protect the residents, maintain compatibility
with the surrounding neighborhood, and prevent an over concentration of group homes.
The Town of Fountain Hills zoning ordinance has included provisions for the allowance of Group Homes
for the Handicapped and Elderly Care since 1993. In return for allowing up to 10 unrelated individuals
to live in a single residence as a single housekeeping unit, the code requires that the home have a
license from the state, that they be separated by at least 1,200', and that an inspection be performed to
ensure compliance with life safety ordinances. Over the last few years the Town has experienced a new
type of group home, called sober living homes, that provide housing for individuals who are recovering
from drug or alcohol addiction. While similar to other types of group homes, these homes may have
some different land use impacts due to shorter tenancy and the activities of the home.
With the change in the types of group homes that can occur, it has become time to revisit our local
ordinance and make adjustments. Given the combination of federal laws, and associated court rulings,
and state zoning and licensing requirements, the options open for regulation and control by the Town
are somewhat limited. There are, however, options available that the Town can use to improve our
current level of regulations that will allow for the needed uses, allow them to be part of the community,
and provide protection from potential negative impacts. Through the work of the P & Z, an ordinance
making changes has been prepared and recommended. Some provisions in the ordinance
recommended by the P & Z were presented and adopted at the meeting without the opportunity for
staff review and comment and without specific language for how the concept would be structured in
the ordinance. Staff has updated the ordinance to include the recommendations made by the P & Z as
we understand the motion which was made. This report reviews the recommended ordinance for
Council consideration and provides a few comments for possible modification of P & Z's recommended
ordinance (Ordinance #22-01).
The ordinance recommendation includes changes in Section 1.12, Definitions; Section 5.13, (currently
reserved); Section 10.02, Uses Permited in Single-family Districts; and Section 11.02, Uses Permitted in
Multi-family Districts. The changes proposed in each of these sections is reviewed below.
CHANGES TO SECTION 1.12, DEFINITIONS
Good definitions of key terms is important to establishing a functional and enforceable ordinance. In
the case of our zoning ordinance, staff identified two changes that were needed to definitions.
Definition of Group Homes: The existing definition is dated and does not provide the clear description
that the purpose of the dwelling is to provide a residence versus treatment. It is recommended that the
existing definition be deleted entirely and the following definition be added. This definition emphasizes
that the residents need to emulate a family by working together in the home and that any treatment is
minimal and similar to what would occur in any family home. Further, based on language used in
legislation and what is becoming more common in the industry, it is proposed the name be changed to
Community Residence. The ordinance as recommended for approval by the Planning and Zoning
Commission states
COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE IS A RESIDENTIAL LIVING ARRANGEMENT
WITH BEDS FOR FIVE (5) TO EIGHT (8) INDIVIDUALS WITH DISABILITIES, INCLUDING RESIDENT
STAFF, LIVING AS A FAMILY IN A SINGLE DWELLING UNIT WHO ARE IN NEED OF THE MUTUAL
SUPPORT FURNISHED BY OTHER RESIDENTS OF THE COMMUNITY RESIDENCE AS WELL AS THE
SUPPORT SERVICES, IF ANY, PROVIDED BY THE STAFF OF THE COMMUNITY RESIDENCE.
RESIDENTS MAY BE SELF-GOVERNING OR SUPERVISED BY A SPONSORING ENTITY OR ITS STAFF,
WHICH PROVIDES HABILITATIVE OR REHABILITATIVE SERVICES RELATED TO THE RESIDENTS'
DISABILITIES. A COMMUNITY RESIDENCE SEEKS TO EMULATE A BIOLOGICAL FAMILY TO FOSTER
NORMALIZATION OF ITS RESIDENTS AND INTEGRATE THEM INTO THE SURROUNDING
COMMUNITY. ITS PRIMARY PURPOSE IS TO PROVIDE SHELTER IN A FAMILY-LIKE
ENVIRONMENT. MEDICAL TREATMENT IS INCIDENTAL AS IN ANY HOME. SUPPORTIVE
INTER-RELATIONSHIPS BETWEEN RESIDENTS ARE AN ESSENTIAL COMPONENT. COMMUNITY
RESIDENCE INCLUDES SOBER LIVING HOMES AND ASSISTED LIVING HOMES BUT DOES NOT
INCLUDE ANY OTHER GROUP LIVING ARRANGEMENT FOR UNRELATED INDIVIDUALS WHO ARE
NOT DISABLED NOR ANY SHELTER, ROOMING HOUSE, BOARDING HOUSE OR TRANSIENT
OCCUPANCY.
(Note: Our existing ordinance allows up to a maximum 10 individuals excluding staff. Most homes
in Town have been approved at this level. In our research we found this to be consistent with the
majority of other cities and towns; Prescott allows 12. For family community residences,
staff recommended maintaining the 10 plus.)
As noted above, in more recent years there has been a growth in types of group homes where
the tenancy of the residents is shorter than one year, often only a matter of a few months.
Through the review process and discussion, staff and P & Z also identified types of residential
treatment facilities that could be confused with a community residence. To address these
issues, two sub-types of community residences have been identified and defined. The
ordinance as submitted to and recommended for approval by the Planning and Zoning
Commission states:
FAMILY COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE THAT IS A RELATIVELY
PERMANENT LIVING ARRANGEMENT WITH NO LIMIT ON THE LENGTH OF TENANCY AS
DETERMINED IN PRACTICE OR BY THE RULES, CHARTER, OR OTHER GOVERNING DOCUMENTS
OF THE COMMUNITY RESIDENCE. THE MINIMUM LENGTH OF TENANCY IS TYPICALLY A YEAR OR
LONGER.
TRANSITIONAL COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE WITH FIVE (5) TO SIX (6)
BEDS, INCLUDING RESIDENT STAFF, THAT PROVIDES A RELATIVELY TEMPORARY LIVING
ARRANGEMENT WITH A LIMIT ON LENGTH OF TENANCY MORE THAN THIRTY (30) DAYS AND
LESS THAN A YEAR, AS DETERMINED EITHER IN PRACTICE OR BY THE RULES, CHARTER, OR
OTHER GOVERNING DOCUMENT OF THE COMMUNITY RESIDENCE .
In the ordinance as recommended by staff, all community residences were allowed up to 10
residents, except transitional residences in single-family zoning districts. The distinction for the
fewer residents in the transitional homes in single-family areas was made in Section 5.13 A 2
(discussed below). With the Commission's change to make all family residences up to 8 with
staff and all transitional residences up to 6 with staff, it would be appropriate to take the
number of residents stated out of the general description and provide them only in the specific
definitions. Those changes would read as follows:
COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE IS A RESIDENTIAL LIVING ARRANGEMENT
WITH BEDS FOR FIVE (5) TO EIGHT (8) INDIVIDUALS WITH DISABILITIES, INCLUDING RESIDENT
STAFF, WHERE INDIVIDUALSLIVE AS A FAMILY IN A SINGLE DWELLING UNIT...
FAMILY COMMUNITY RESIDENCE. A COMMUNITY RESIDENCE WITH FIVE (5) TO EIGHT (8) BEDS,
INCLUDING RESIDENT STAFF, THAT IS A RELATIVELY PERMANENT LIVING ARRANGEMENT WITH
NO LIMIT ON THE LENGTH OF TENANCY AS DETERMINED IN PRACTICE OR BY THE RULES,
CHARTER, OR OTHER GOVERNING DOCUMENTS OF THE COMMUNITY RESIDENCE. THE
MINIMUM LENGTH OF TENANCY IS TYPICALLY A YEAR OR LONGER.
Definition of Family: Our current ordinance definition of family is: "An individual, or two (2) or
more persons related by blood or marriage, or a group of persons not related by blood or
marriage, living together as a single housekeeping group in a dwelling unit." Unfortunately, this
definition does not include a maximum number of unrelated individuals who can live in one
dwelling unit. To set the parameters on regulation of group homes it is necessary that we
change this definition to include this maximum number. The average number of persons per
household in Fountain Hills is 2.07, compared to 2.16 in Scottsdale, 2.74 in Mesa, 3.13 in
Gilbert, and 2.68 for the State. Most communities have been successful in limiting the number
of unrelated individuals to a maximum of 4 - 6 residents. Given the Town's low persons per
household number it is reasonable to set the maximum number of unrelated individual in a
home in Fountain Hills at 4.
As discussed above, when establishing the definition of for group homes (referred to above as
"community residences"), it is important to emphasize that the home is to emulate a biological
family. P & Z determined it would also be helpful to include in the definition of family a couple
of key elements that help further define a family. The additional elements added by P & Z are
contained in the second sentence of the definition. The ordinance as recommended for
approval by the Planning and Zoning Commission states:
Family: An individual, or two (2) or more persons related by blood or marriage, or a group of NOT
MORE THAN FOUR (4) persons not related by blood or marriage, living together as a single
housekeeping group in a dwelling unit. IN SPIRIT BUT NOT IN DIRECT APPLICATION, FAMILIES
MAINTAIN LEGAL DOMICILE AT THE PARTICULAR DWELLING UNIT AND LEGAL OWNERSHIP OR
TENANCY OF THE DWELLING UNIT AS EVIDENCED ON A DEED OR LEASE.
Staff is unsure how the additional language defining a family will actually be used. After review
many zoning definitions of family, staff has not seen this type of language in any other code.
Many of our winter visitors likely maintain a "legal" domicile in the place they come from rather
than here in Fountain Hills, would they then not meet the definition of a family? If more than
four unrelated individuals live in a home as their legal domicile and sharing the dwelling through
deed or lease now considered a family? Staff suggests removing the added language.
CHANGES TO SECTION 5.13, ADDING REGULATIONS FOR COMMUNITY RESIDENCES
Section 5.13 of the zoning ordinance will be used to list the requirements for community residences.
Subsections of this section cover the topics of: A. Standards, B. Application Requirements, C.
Registration, D. Waiver of Reasonable Accommodation, and Enforcement/Penalty. Discussion and
proposed ordinance language for each section is provided below.
A. Standards: This section of the ordinance provides several very basic standards or requirements for
requesting registration of a property as a community residence. It should be remembered that other
agencies, usually the State license a home, the Town receives a registration to allow us to verify
consistency with zoning requirements.
1. Separation. In order to maintain the goal of providing a community setting that helps in the
habilitation and rehabilitation of residents in a community residence, it is important that they not
be clustered together but are spaced out within the rest of the community. This also prevents an
over concentration in a neighborhood which would reduce the opportunity for the residences of
the home to interact with others who do not have disabilities. What constitutes an over
concentration, however, can be challenging and local rules can be reviewed by the DOJ for
compliance with the FHA and ADA. Most ordinances do, however, rely on minimum separation
between homes. Review of other ordinances shows a range from 800' (Prescott, measured by
actual walking distance) to 1,320' (Paradise Valley, measured by straight line distance) in use by
other communities.
The separation requirement currently in the Fountain Hills ordinance is 1,200' measured as a
straight line distance. In Fountain Hills, 100 block designations change about every 600' - 700'.
Looking at the physical length of a block, the average in Town is 560'. Given the Town's
development pattern with typical length of a block, the existing separation requirement will
generally limit the number of group homes to one for every two block lengths, which should
preclude creating an over concentration while not being overly restrictive. Given the unique
topography and layout of streets and blocks in Fountain Hills, the ordinance recommended for
approval by the Planning and Zoning Commission states:
1. TO PREVENT THE CLUSTERING OF COMMUNITY RESIDENCES AND TO BETTER
INTEGRATE COMMUNITY RESIDENCE RESIDENTS INTO THE SURROUNDING
NEIGHBORHOOD AND COMMUNITY, SUCH HOME MUST BE LOCATED ON A LOT THAT IS
AT LEAST TWO THOUSAND SIX HUNDRED FORTY (2,640) FEET FROM THE EXTERIOR LOT
LINES OF ANOTHER COMMUNITY RESIDENCE, AS MEASURED BY A STRAIGHT LINE FROM
THE PROPERTY LINE IN ANY DIRECTION.
Staff has some concern that the 2,460' separation recommendation from P & Z may be too
limiting. Council may want to consider going back to the current standard of 1,200'.
2. Persons per Bedroom/Minimum Size. To help ensure that the home will provide sufficient room for
the residents and the operator will not overburden the home or neighborhood, it is appropriate to set a
standard on the number of individuals in a bedroom and the minimum size space that should be
available for each individual. (A requirement for the application will be a floor plans showing the
location of bedrooms and the inspection during the registration process can ensure the number and
size.) The ordinance as recommended for approval by the Planning and Zoning Commission states:
2. NO MORE THANT TWO PERSONS PER BEDROOM UP TO THE MAXIMUM ALLOWED FOR THE
TYPE OF HOME.
This standard was included in the ordinance by staff in order to try and address some concerns
This standard was included in the ordinance by staff in order to try and address some concerns
being expressed by P & Z and the public, but there may be some challenges in use of this
language. It would probably be better to use the standard in the Department of Health Services
requirements for bedrooms of at least 60 square feet for a single occupant bedroom or 50
square feet per person if two or more share a bedroom. Staff suggests the Council consider
amending this provision to:
2. EACH BEDROOM FOR SINGLE OCCUPANCY MUST CONTAIN AT LEAST 60 SQUARE FEET AND
FOR OCCUPANCY OF TWO MORE THERE MUST BE AT LEAST 50 SQUARE FEET PER OCCUPANT.
3. Business License. The Town has been requiring operators of group homes to receive a
business license. When a business has had more than one home, we have been requiring a
license for each home. There are some group homes that are actually owned and managed by
the residents and there is no requirement for a business license. The ordinance
as recommended for approval by the Planning and Zoning Commission states:
3. RECEIVES A TOWN BUSINESS LICENSE, IF APPLICABLE.
Upon further review by staff, and given some of the other changes which have been
recommended to the ordinance, staff is recommending this language be moved down into Section
B., Applications Requirements, and also be included with the language regarding the time limits to
provide this documentation.
4. Sex Offender. There has been specific concern that individuals who are registered sex
offenders may slip under the radar and be housed in one of the homes. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
4. AN INDIVIDUAL REQUIRED TO REGISTER UNDER ARIZONA LAW AS A SEX OFFENDER
AND CLASSIFIED AS A LEVEL II OR LEVEL III COMMUNITY RISK (INTERMEDIATE OR HIGH
RISK) IS NOT PERMITTED TO LIVE IN A COMMUNITY RESIDENCE.
B. Application Requirements: This section of the ordinance provides the list of information that
must be submitted for staff review in order to be considered for registration as a community
residence.
1. License/Certification. As stated above, group homes are being allowed as an exception to the
standard ordinance requirements in order to ensure we are providing adequate housing options
for persons with disabilities. To ensure the home that is being established will meet some
minimum standards for operation and care of the individuals who will reside there, it is beneficial
to have some licensing or certifying organization provide recognition to the home as meeting
their standards. For most homes, the certification will come as a license from the Arizona
Department of Health Services (AZDHS) as an Assisted Living Home or as a Sober Living Home.
Not all homes will need AZDHS licensure; therefore, two other options that are widely used have
been included in the ordinance. If someone desires to operate a community residence but cannot
receive a license or certification from one of these groups, it will not be allowed.
The ordinance as recommended for approval by the Planning and Zoning Commission states:
1. COPY OF LICENSE OR CERTIFIED THROUGH ONE OR MORE OF THE FOLLOWING
1. COPY OF LICENSE OR CERTIFIED THROUGH ONE OR MORE OF THE FOLLOWING
GROUPS:
a. LICENSE OR IS CERTIFIED BY THE STATE OF ARIZONA DEPARTMENT OF HEALTH;
OR
b. LICENSE OR IS CERTIFIED BY THE ARIZONA RECOVERY HOUSING ASSOCIATION;
OR,
c. "PERMANENT" OXFORD HOUSE CHARTER.
2. Lease Agreement. Many times the operator of a group home establishes the home in a rental
property. As part of the application submittals we want to know that the property owner has
agreed to this use of their property. Therefore, this section requires acknowledgement of the use
by the property owner.
The P & Z discussions over the last couple of months, it was noted that it would be beneficial for
the Town to be able to inspect the property for compliance with the codes more than just at the
beginning when the registration is being processed. The Commission recommendation on
Ordinance 22-01 included adding a provision that requires the property owner to agree to
unannounced inspections by Town staff. This recommendation has been added to this application
requirement. The ordinance recommended for approval by the Planning and Zoning Commission
states:
2. IF THE PROPERTY IS BEING RENTED OR LEASED, AN ACKNOWLEDGEMENT FROM THE
PROPERTY OWNER AGREEING TO THE USE OF THE PROPERTY AS A COMMUNITY
RESIDENCE. PROPERTY OWNER SHALL ALSO AGREE TO ALLOW TOWN OFFICIALS TO
ENTER THE PREMISES FOR UNANNOUNCED INSPECTIONS TO INSPECT FOR LAND USE
VIOLATIONS INCLUDING THE NUMBER OF OCCUPANTS.
Staff has some concern with requiring the property owner to agree upfront to any unannounced
inspections. It may be more appropriate for this to be done through a separate request rather
than an ordinance requirement. Staff suggests the Council consider removing the requirement.
3. Description of Services. Because we need to know if the proposed residence is a family or
transitional residence, confirm they will be operating as a residence and not a treatment center,
and understand the type of residents to apply the correct provisions of the building code, the
ordinance requires they provide a description of the services being provided in the home. The
ordinance as recommended for approval by the Planning and Zoning Commission states:
3. A DESCRIPTION OF THE SCOPE OF SERVICES TO BE PROVIDED IN THE HOME AND
WHETHER OR NOT THE RESIDENTS WILL BE AMBULATORY.
4. May not house individuals who would be a threat. Because the residents in a home will not be
signing a typical lease there can be less oversight and understanding regarding the people who
are in these homes. The federal guidelines allow communities to restrict occupancy by individuals
who could pose a threat to the neighborhood. This section covers this issue. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
4. A STATEMENT THE HOME SHALL NOT HOUSE ANY PERSON WHOSE TENANCY WOULD
CONSTITUTE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHER INDIVIDUALS OR
WOULD RESULT IN SUBSTANTIAL PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS.
WOULD RESULT IN SUBSTANTIAL PHYSICAL DAMAGE TO THE PROPERTY OF OTHERS.
5. Insurance . P & Z determined it would be beneficial to require a copy of the liability insurance
the operator has for the residence, that the amounts of the insurance, at a minimum should be $2
million per occurrence and $4 million in aggregate, and that there should be a waiver of
subrogation for the Town. The goal is to keep the Town out of any claims that could be made
from a resident or a resident's family. The ordinance as recommended for approval by the
Planning and Zoning Commission states:
5. A CERTIFICATE OF INSURANCE COMMERCIAL LIABILITY FOR OPERATION OF THE HOME
AT THE GIVEN LOCATION. INSURANCE POLICY SHALL BE A MINIMUM OF $2 MILLION PER
OCCURRENCE AND $4 MILLION IN AGGREGATE WITH A WAIVER OF SUBROGATION
FOR THE TOWN.
Staff is unsure how enforceable this provision will be, especially the requirement that there be a
waiver of subrogation. Staff suggests the Council consider removing all or part of this
requirement.
6. Contact Information/Policies and Procedures: While the goal and intent of these communities
residences is to integrate into the surrounding neighborhood and use that integration to help
with the habilitation and rehabilitation of the residents in the home, there is the possibility given
the larger number of unrelated individuals living in the home there can be conflicts with the
surrounding neighbors. To help address this, the application requirements include having the
applicant/operator provide the same information they would submit to the State or other
certifying agency regarding a contact person for complaints; copies of policies or procedures for
how they will address topics such as parking, noise, smoking, cleanliness of the outside of the
home, and loitering in front of the home; and, efforts that will be taken to promote safety in the
neighborhood. This language and requirement is taken from the State application requirement
for Sober Living Homes. The ordinance as recommended for approval by the Planning and Zoning
Commission states:
6. THE PORTIONS OF ANY STATE LICENSE OR THIRD PARTY CERTIFICATION APPLICATION
REQUIREMENTS THAT PROVIDE:
a. NAMES AND CONTACT INFORMATION FOR CONTACT INDIVIDUAL(S) FOR THE
HOME WHO CAN RESPOND TO COMPLAINTS OR EMERGENCIES
b. INFORMATION REGARDING POLICIES AND PROCEDURES FOR RESIDENTS AND
VISITORS RELATED TO PARKING, NOISE EMANATING FROM THE HOME, SMOKING,
CLEANLINESS OF THE PUBLIC SPACE NEAR THE HOME, AND LOITERING IN FRONT OF
THE HOME OR NEAR-BY HOMES ARE ESTABLISHED, KNOWN TO RESIDENTS, AND
ENFORCED.
c. INFORMATION REGARDING EFFORTS TO PROMOTE THE SAFETY OF THE
SURROUNDING NEIGHBORHOOD.
7. Floor Plan. In order to evaluate the occupancy limits of a given home, and how it will function
as a community residence in keeping with the ordinance requirements, it is helpful to have a floor
plan of the home with the primary rooms labeled. This application requirement is for that floor
plan. The ordinance as recommended for approval by the Planning and Zoning Commission
states:
7. A FLOOR PLAN OF THE HOME SHOWING ALL BEDROOMS, LIVING, AND DINING AREAS.
8. Provide Evidence for Enforcement. In order to ensure the applicant will cooperate with any
future investigations of the property for compliance with the ordinance. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
8. THE APPLICANT SHALL ATTEST THAT THEY WILL PROVIDE ALL EVIDENCE PERMISSIBLE
BY CODE AND AUTHORITY HAVING JURISDICTION NECESSARY IN RESPONSE TO A CODE
ENFORCEMENT INQUIRY, IN PARTICULAR, OCCUPANCY LOGS.
9. County Tax Classification. The Planning and Zoning Commission wanted to ensure the
community residence was taking the proper steps with the County to be registered for the
property tax classification. This application requirement is for them to provide that
documentation to the staff. The Commission recognized the applicant may not have this
information at the time of submitting their registration application - they likely need the Town's
registration approval and their State license in order to receive the correct tax classification - so
they are allowed to submit the application and can receive conditional approval subject to late
submittal of this information. They cannot, however, occupy the property until it is received. The
ordinance as recommended for approval by the Planning and Zoning Commission states:
9. EVIDENCE OF THE PROPERTY'S APPROPRIATE MARICOPA COUNTY TAX CLASSIFICATION
FOR THE USE APPLIED PRIOR TO COMPLETION OF REGISTRATION AND OCCUPANCY OF
THE PROPERTY.
Although recommended by the Planning and Zoning Commission, staff does not believe this
provision to be necessarily relevant.
10. Lease Packet. P & Z included a provision that the applicant also submit a copy of the lease
packet as required by ARS 9 A.A.C.12 Section 202. This addition was brought up at the public
hearing prior to P & Z's action. The ordinance as recommended for approval by the Planning and
Zoning Commission states:
10. A COPY OF THE LEASE PACKET PRESCRIBED BY ARS 9 A.A.C. 12 SECTION 202
SPECIFYING THE OPERATOR OF THE HOME WILL UTILIZE A LEASE PACKET THAT IS IN
ACCORDANCE WITH THE STATE ADMINISTRATIVE CODE.
Following P & Z's action staff has had the opportunity to review this section of the Administrative
Code, a copy is attached. There is not a lease packet prescribed in this section of the
Administrative Code. This section does provide the requirements for a residency agreement
between the manager of a sober living home and an individual requesting to become a resident.
Several of the items required in Section 202 are specific to sober living homes and would not be
applicable to other types of community residences. From the discussion, staff believes the desire
and intent of this provision is to provide an additional means to tie the individual resident to the
property as their place of residence. What P & Z was seeking is the form that will be used when a
resident applies to live at the home. Staff suggests the Council consider amending this application
requirement to:
10. A COPY OF THE STANDARD RESIDENCY AGREEMENT FOR INDIVIDUALS TO OCCUPY
THE COMMUNITY RESIDENCE.
THE COMMUNITY RESIDENCE.
11. Outpatient Treatment/Medication Distribution. There is a concern that some of the existing
residences are not just serving as residencies but are being used as treatment facilities. The new
definition of Community Residence helps clarify that these homes are not treatment centers and
that only routine types of medical services that could be found in any home can be provided. The
proposed language below includes that medication distribution will not take place. Given the
variety of types of homes that occur, especially assisted living facilities for seniors, it is likely that
some level of medication distribution does take place in these homes. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
11. CERTIFICATION THAT NO OUTPATIENT TREATMENT CENTER LICENSURE OR
MEDICATION DISTRIBUTION WILL BE SOLICITED OR OCCUR ON-PREMISES .
To avoid issues with legitimate distribution of standard medications that can occur in these
homes, staff suggests the Council consider amending the language to:
11. CERTIFICATION THAT NO OUTPATIENT TREATMENT CENTER LICENSURE WILL BE
SOLICITED OR OCCUR ON-PREMISES AND THAT MEDICATION DISTRIBUTION WILL NOT
EXCEED WHAT WOULD NORMALLY BE EXPECTED IN A FAMILY HOME.
C. Registration. This section of the ordinance provides the procedures and requirements for the
community residence to be registered with the Town. As a reminder, most homes are licensed through
another agency, typically the state. They apply to the Town for registration primarily to ensure they
meet our ordinance requirements, especially the number of occupants and separation requirements.
Through the registration process staff reviews the location and, when it is approved, places the home on
the map for future use in determine where other homes can be located. During the public review
process, citizens have wanted to make sure there is a sufficient review process to make sure all the code
requirements are met. They also wanted an annual renewal process to provide a means to ensure
standards are met on an ongoing basis.
1. Registration . The first section simply states the basic requirement that a home must be
registered and that the registration, once approved, is only valid for one year. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
1. REGISTRATION OF A COMMUNITY RESIDENCE WITH THE TOWN IS REQUIRED PRIOR TO
BEGINNING OPERATION. AN APPROVED REGISTRATION IS VALID FOR ONE YEAR FROM
DATE ADMINISTRATIVELY ISSUED.
2. Inspection. Following receipt of an application and verification that the basic standards will be
met (separation from another home and number of occupants) and receipt of the information on
the type of home and whether or not residence will be capable of self-evacuation, staff will
schedule an inspection of the property by the Fire Marshal and Building Official to determine if
the residence meets all life safety codes. If there are deficiencies they will be noted and the
applicant informed of what will need to be done to meet code requirements. If there are
modifications that need to be made those must be addressed prior to completing the registration
process. This is the same as the current process for new homes. The ordinance as
recommended for approval by the Planning and Zoning Commission states:
2. FOLLOWING RECEIPT OF A COMPLETE APPLICATION FOR REGISTRATION, THE
PROPERTY WILL BE INSPECTED BY THE BUILDING OFFICIAL AND FIRE MARSHAL FOR
COMPLIANCE WITH ALL LIFE SAFETY REQUIREMENTS. ANY IDENTIFIED DEFICIENCIES
MUST BE ADDRESSED AND COMPLIANCE VERIFIED THROUGH A FOLLOW-UP INSPECTION
BEFORE THE REGISTRATION WILL BE COMPLETED.
3. Review of Documents. All documents will be reviewed for completeness and accuracy. If any
items are missing they will be requested and must be submitted in order to complete the review
and approval process. The ordinance as recommended for approval by the Planning and Zoning
Commission states:
3. ALL REQUIRED DOCUMENTS LISTED IN B. WILL REVIEWED. ANY REQUIRED
CORRECTIONS OR CLARIFICATIONS MUST BE SUBMITTED TO COMPLETE THE
REGISTRATION PROCESS.
4. Registration Approval. The approval of a registration is done administratively. The
Development Services Department Director signs off on the application when all conditions and
requirements have been met. The ordinance as recommended for approval by the Planning and
Zoning Commission states:
4. WHEN ALL REGISTRATION REQUIREMENTS HAVE BEEN MET, THE DEVELOPMENT
SERVICES DIRECTOR WILL ADMINISTRATIVELY COMPLETE THE TOWN'S REGISTRATION
PROCESS.
5. Conditional Registration. There are application requirements and conditions of approval for a
community residence that might not be met at the time of application. For example, the State
requires proof of compliance with local zoning before issuing a license. We do not complete the
registration process without a State license. Similarly, the applicant may not be able to get the
insurance or complete the county tax reclassification until after the local registration is complete.
This section allows for conditional approval of the registration for up to 90 days while an
applicant completes these processes and files the approved documents with the Town. They will
not be able to occupy the property as a community residence until they receive the final, full
approval. The ordinance as recommended for approval by the Planning and Zoning Commission
states:
5. IF ALL OTHER REQUIREMENTS OF THIS ORDINANCE ARE MET, THE DEVELOPMENT
SERVICES DIRECTOR MAY ISSUE A CONDITIONAL REGISTRATION FOR UP TO 90 DAYS
WHILE THE APPLICANT APPLIES FOR AND RECEIVES:
a. THE LICENSE OR CERTIFICATE AS REQUIRED BY B. 1.;
b. THE INSURANCE POLICY REQUIRED BY B.5.; AND,
c. THE MARICOPA TAX VERIFICATION REQUIRED BY B.9.
THE APPLICANT MAY NOT OCCUPY THE RESIDENCE UNTIL THESE ITEMS ARE RECEIVED BY
THE TOWN. IF ONE OR MORE OF THESE ITEMS ARE NOT RECEIVED BY THE TOWN WITHIN
90 DAYS, OR IS NOT APPROVED, THE REGISTRATION OF THE PROPERTY WILL BE
RESCINDED. SHOULD THE LICENSE OR CERTIFICATE BECOME REVOKED FOR ANY REASON,
THE COMMUNITY RESIDENCE OPERATOR WILL HAVE 45 DAYS TO VACATE THE PROPERTY.
With further staff review we have noted that the list above does not include providing the
With further staff review we have noted that the list above does not include providing the
business license if it was required. Staff suggests the Council add this to the list above as item "d."
6. Reregistration. The town does not currently have a requirement for the renewal or
re-registration of approved homes. This has led to some challenges and confusion over time as
some homes have closed without staff's knowledge. Further, the community has been concerned
that without a renewal requirement, the home could evolve into something different that what
was approved. In order to address this issue, an annual re-registration requirement has been
added to the ordinance. The ordinance as recommended for approval by the Planning and Zoning
Commission states:
6. REREGISTRATION. THE COMMUNITY RESIDENCE OPERATOR MUST REGISTER
ANNUALLY BY SUBMITTING A NEW APPLICATION WITH ANY UPDATED DOCUMENTS. THE
REGISTRATION CAN BE RENEWED IF THE FOLLOWING ARE MET:
a.THE HOME HAS MAINTAINED A CURRENT LICENSE OR CERTIFICATE.
b. THE HOME OR OPERATOR HAS MAINTAINED A CURRENT TOWN BUSINESS
LICENSES, IF APPLICABLE.
c. RE-INSPECTION OF THE PROPERTY HAS VERIFIED ONGOING COMPLIANCE WITH
LIFE SAFETY STANDARDS.
d. THE PROVIDER HAS COMPLIED WITH THE POLICES AND PROCEDURES
ESTABLISHED IN B. 6.
Given the additional requirements added by the Planning and Zoning Commission regarding
insurance and the County tax classification, the list above could be expanded to include providing
evidence that those requirements continue to be met. Staff suggests the Council consider adding
the following language:
e. A COPY OF THE CURRENT INSURANCE POLICY REQUIRED IN B. 5.
f. VERIFICATION OF THE CURRENT, APPROPRIATE MARICOPA COUNTY TAX STATUS.
D. Waiver for Reasonable Accommodation. A zoning ordinance is written to provide a regulatory
way to allow development to happen consistent with the community's general plan and to
protect the health, safety, and welfare of the citizens. When these rules are established it is
expected they will not fit all situations; that there can be unique hardships and situations where
the rules make it virtually impossible to develop a specific tract of land. To address this, the
zoning ordinance has a provision to allow property owners to request a variance to the rules.
There are specific criteria which are established for approval of a variance. To receive the
variance the Board of Adjustment must find that the applicant has met all the criteria.
When setting up the regulations to allow for community residences, the same thing can
happen. Despite our efforts to establish fair, equitable, and appropriate rules for this exception
to the regulations regarding what constitutes a family under the zoning ordinance, unique
situations can arise. To address those unique situations it is important that the regulations
prescribe the process and requirement for granting a waiver to those rules. Section 5.12 D. of
the draft ordinance presented to the Planning and Zoning Commission provided the process and
rules for considering and granting the waiver.
At the P & Z hearing there were concerns expressed regarding the proposed process and tests
At the P & Z hearing there were concerns expressed regarding the proposed process and tests
that would have to be met to receive the waiver. The main concerns expressed were that one
person (the Development Services Director) would make the determination and that the
applicants would be able to get by with limited documentation and justification for the waiver;
that the waivers could be granted too easily. Because of those issues, the Planning and Zoning
Commission removed the waiver language totally from the ordinance they have recommended
to the Council. Staff suggests that the Council could reconsider and include a revised version of
this section. Below is a copy of the ordinance as submitted to the P & Z with some noted
adjustments to address the concerns expressed at the hearing.
D. Waiver for Reasonable Accommodation. To establish a community residence for more than 10
individuals with disabilities or to reduce the separation requirement to less than 1,200’THAT
DOES NOT COMPLY WITH THE OCCUPANCY OR SEPARATION REQUIREMENTS, the applicant may
apply TO THE DEVELOPMENT SERVICES DEPARTMENT for a Waiver for Reasonable
Accommodation. IN ALL CASES THE DEVELOPMENT SERVICES DIRECTOR SHALL SUBMIT THE
REQUEST TO THE REASONABLE ACCOMMODATION COMMITTEE TO MAKE FINDINGS OF FACT IN
SUPPORT OF A DECISION TO APPROVE OR DENY THE REQUEST AND SHALL RENDER THE
DECISION IN WRITING. THE APPLICATION WILL INITIALLY Such request will be reviewed and
acted upon by the Development Services Director FOR COMPLETENESS. ln all cases the
Development Services Director shall make findings of fact in support of the determinations and
shall render the decision in writing. The Development Services Director may meet with and
interview the applicant to DETERMINE THE NECESSITY OF THE ACCOMMODATION AT THE GIVEN
LOCATION AND TO ascertain or clarify information sufficiently FOR THE COMMITTEE to make the
required findings.
To grant a Waiver for Reasonable Accommodation, the Development Services
Director REASONABLE ACCOMMODATION COMMITTEE shall find affirmatively all of the
following standards:
1.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that the proposed
community residence can and will emulate a biological family and function as a residential
use rather than an institutional or other nonresidential use.
a.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that the proposed
community residence needs to house more than 10 the allowed number of residents or
reduce the separation for financial or therapeutic reasons.
b.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that the proposed
community residence will not interfere with the normalization and community integration
of the residents of any existing community residence and that the presence of other
community residences will not interfere with the normalization and community integration
of the residents of the proposed community residence.
c.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that it will operate the
home in a manner similar to that ordinarily required by state licensing to protect the
health, safety, and welfare of the occupants of the proposed community residence.
d.
The applicant demonstrates DOCUMENTATION AND EVIDENCE that the proposed
community residence in combination with any existing community residences will not alter
the residential character of the surrounding neighborhood by creating an institutional
atmosphere or by creating a de facto social service district by concentrating community
residences on a block or in a neighborhood.
e.
2. THE REASONABLE ACCOMMODATION COMMITTEE SHALL BE COMPOSED OF THE
2. THE REASONABLE ACCOMMODATION COMMITTEE SHALL BE COMPOSED OF THE
TOWN MANAGER OR DESIGNEE, THE DEVELOPMENT SERVICES DIRECTOR, AND (TBD).
3. A community residence operator may appeal denial of a Waiver for Reasonable
Accommodation by the Development Services Director pursuant to the procedures set
forth in Section 2.07 A, Appeals to the Board of AdjustmentREASONABLE
ACCOMMODATION COMMITTEE TO (TBD).
The revisions put the decision in the hands of three people to review the evidence and make
the findings that the accommodation is needed. This is similar to the process used in Phoenix.
The ordinance lists two staff positions that are part of the Committee, the Town Manager or
designee, and the Development Services Director. Options for the third position include: Board
of Adjustment chair, Planning and Zoning Commission chair, a person as appointed by the
Mayor. The revisions also make it clear that "reasonable" includes demonstrating the
accommodation is necessary, not just a desire and that there will have to be concrete
documentation and evidence of the need. Finally, it is important that there me an appeal
provision, the appeal could be to the Board of Adjustment, Planning and Zoning Commission, or
Town Council.
Enforcement/Penalty. At the Planning and Zoning Commission hearing, the Commission voted to
include an Enforcement section in Section 5.13. This was another last minute addition that did
not have the opportunity for review by staff prior to its including in the ordinance. Unless
otherwise specified, violations of the zoning ordinance are civil infractions and subject to the
provisions in Article 1-8 of the Town Code. The standard language used in the Town Code is
Penalty rather than Enforcement. With only minor formatting changes to fit into the structure
of the zoning ordinance, the ordinance as recommended for approval by the Planning and
Zoning Commission states:
PENALTY
1. IF, UPON INSPECTION, A VIOLATION F THE PROVISIONS OF THIS ORDINANCE ARE
FOUND, THE OWNER OF A PROPERTY THAT IS USED AS A COMMUNITY RESIDENCE WILL
BE GIVEN A 14 CALENDAR GRACE PERIOD TO CORRECT THE VIOLATION. IF THE
VIOLATION HAS NOT BEEN CORRECTED BY THE END OF THE 14-DAY PERIOD, THE TOWN
MAY IMPOSE A FINE OF $100 PER DAY PREDICATED ON THE DATE OF THE VIOLATION FOR
EACH DAY THE VIOLATION CONTINUES PAYABLE TO THE TOWN.
2. SHOULD THE INSURANCE, REGISTRATION, OR LICENSURE LAPSE, THERE WILL BE A
PENALTY OF $100 PER DAY.
3. PROPERTY OWNERS OR COMMUNITY RESIDENCE OPERATORS WHO RECEIVE ANY
COMBINATION OF THREE VIOLATIONS OF EITHER TOWN OR ARIZONA DEPARTMENT OF
HEALTH SERVICES REQUIREMENTS WITHIN A 12-MONTH PERIOD SHALL HAVE THEIR
REGISTRATION REVOKED AND WILL BE REQUIRED TO VACATE THE PROPERTY. THE
ARIZONA DEPARTMENT OF HEALTH SERVICES WILL BE NOTIFIED OF THE TOWN'S ACTIONS.
4. KNOWINGLY PROVIDING FALSE OR MISLEADING INFORMATION ON A REGISTRATION
APPLICATION OF ANNUAL RE-REGISTRATION SHALL RESULT IN IMMEDIATE TERMINATION
OF REGISTRATION AND EVICTION.
5. TOWN WILL PROVIDE NOTIFICATION TO THE ARIZONA DEPARTMENT OF HEALTH
SERVICES OF ANY COMPLAINT AGAINST A REGISTERED ADDRESS AND/OR ANY
UNREGISTERED ADDRESS AS A MATTER OF COURSE.
The ordinance as recommended has all enforcement actions directed to the owner of the
property. While the property owner is always the ultimate person responsible for a violation on
their property, staff most often tries to work with the tenant first and will bring the property
owner into the enforcement action as needed. Limiting staff's ability to work with the tenant
may actually slow down the process of achieving ordinance compliance.
Section 1-8-3 of the Town Code establishes the fines for civil violations of the Zoning
Ordinance. For a first offense, the judge can assign a sanction of $250 to $750. For a second
offense within 12 months it goes up to $500 to $1,500 and for a third offense it is $1000 to
$2,500. With a third offense the choice can also be made to move the violation into the
criminal violations and charge the individual with a misdemeanor. Given this level of fines and
the already approved and established procedures for enforcement under Article 1-8 of the
Town Code, staff would suggest the Council consider amending the ordinance to use the
following provisions:
VIOLATIONS AND PENALTIES
1. IN ADDITION TO APPLICABLE PENALTIES UNDER ARIZONA LAW, VIOLATIONS OF THIS
COMMUNITY RESIDENCE ORDNANCE SHALL BE SUBJECT TO THE PROVISION OF THE
FOUNTAIN HILLS TOWN CODE, SECTION 1-8-3, REGARDING CIVIL PENALTIES.
2. IN ADDITION TO THE PROVISIONS ABOVE, REGISTRATION FOR A COMMUNITY
RESIDENCE MAY BE REVOKED AND THE COMMUNITY RESIDENCE REQUIRED TO VACATE
THE PROPERTY IF;
a. THE REQUIRED INSURANCE, REGISTRATION, LICENSURE OR CERTIFICATE LAPSE
AND ARE NOT REINSTATED WITHIN 45 DAYS OF THEIR LAST EFFECTIVE DATE; OR,
b. THE PROPERTY OWNER OR COMMUNITY RESIDENCE OPERATOR RECEIVES ANY
COMBINATION OF THREE VIOLATIONS RELATED TO THE OPERATION OF THE
COMMUNITY RESIDENCE FROM EITHER THE TOWN OR THE ARIZONA DEPARTMENT
OF HEALTH SERVICES WITHIN A 12-MONTH PERIOD.
c. THE APPLICANT FOR THE COMMUNITY RESIDENCE KNOWINGLY PROVIDES FALSE
OR MISLEADING INFORMATION ON THE REGISTRATION OR ANNUAL RENEWAL.
CHANGES TO SECTIONS 10.02, PERMITTED USES (IN SINGLE-FAMILY ZONES) AND 11.02, PERMITTED
USES (IN MULTIFAMILY ZONES)
The list of uses in both the single-family and multifamily chapters of the zoning ordinance
include the current language listing Group Homes for the Handicapped and Elderly Care as uses
by right with the associated standard. The revised ordinance deletes the current language,
changes the name for the use to Community Residence, and directs people to Section 5.13 for
the standards associated with the use. The ordinance as recommended for approval by the
Planning and Zoning Commission states:
Group Homes for the Handicapped and Elderly Care; provided, that: COMMUNITY RESIDENCE,
SUBJECT TO THE REQUIREMENTS OF SECTION 5.13
a. No such home is located on a lot that is within one thousand – two hundred (1,200) feet,
measured by a straight line in any direction of the exterior lot lines of another group home
for the handicapped and elderly care.
b. No such home contains more than ten (10) residents.
c. Such home is licensed by the State of Arizona Department of Health.
d. Such home is registered with, and administratively approved by the Community
Development Director or designee, as to compliance with the standards of this Ordinance.
In addition to providing recommendations on the ordinance language, the P & Z Chair also read
a list of "Whereas" statements prior to making the motion to approve the ordinance. Those
statements are not part of the ordinance itself but help provide a legislative history and
intention behind the ordinance. After review of the suggested statements, staff has chosen to
use several of them in addition to other statements. The attached ordinance contains the
statements staff believes are important for the adoption of the ordinance.
After preparing the notice for the P & Z hearing, it was noted there are also references to the
current use as Groups Homes in both Chapter 12, Commercial Zoning Districts, and Chapter 18,
Town Center Commercial District. Changes to these chapters was not included in the public
notice; therefore, they are not being changed at this time. When staff prepares the ordinance
amendments to address detoxification facilities and treatment centers those chapters will be
amended. That ordinance will also be used to change the language to Community Residences.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 1.12, Definitions
Zoning Ordinance Section 10.02, Uses permitted in single-family zoning districts
Zoning Ordinance Section 11.02, Uses permitted in multifamily zoning districts
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission has been reviewing this topic and receiving input from the public
since November 2021. Based on their study and review they have unanimously recommended approval
of the attached ordinance.
In addition to recommending approval of the ordinance, they have also recommended that the Town
work with the League of Arizona Cities and Towns and with the Arizona Department of Health Services
to develop modifications to current state rules and regulations in oder to give local governments more
control over these uses.
Staff Recommendation(s)
The current language in the zoning ordinance addressing group homes is outdated and needs to be
revised. Overall, staff supports the ordinance as recommended by the Planning and Zoning
Commission. There are several points, however, as brought up in the staff report where the Council
may want to consider modifications. These possible changes described in this report are summarized
and listed here for easy reference when making a motion. The Council could move to approve the
ordinance and then choose which, if any, of these listed modifications to make.
ordinance and then choose which, if any, of these listed modifications to make.
Remove the limitation on the number of residents allowed in a community residence from the
primary definition and modify the definition of family community residence to include the
allowed number of occupants.
1.
Increase the allowed occupancy in a Family Community Residence to 102.
Increase the allowed occupancy in a Transitional Community Residence to 83.
Remove the second sentence in the definition of family.4.
Change the minimum separation distance between community residences to 1,200' (or other
spacing requirement agreeable to the Council).
5.
Change the limit of two people per bedroom to a minimum bedroom size based on number of
occupants.
6.
Move the requirement for a business license, if applicable, to the list of application requirements.7.
Remove the requirement that the property owner agree to allow unannounced inspections.8.
Either, a. remove the requirement for submission of liability insurance and modify other sections
as needed to remove this requirement, or b. only remove the portion that requires the waiver of
subrogation.
9.
Modify the requirement for the lease packet based on ARS 9 A.A.C. 12 Section 202 to a copy of
the standard residency agreement.
10.
Modify the prohibition on distribution of medication to allow distribution of medication normally
expected in a family home.
11.
Add business license to the list of items that can be submitted during the conditional registration
time frame.
12.
Add to the list of items that would be submitted for annual re-registration, the current insurance
policy (if this was not removed), and verification of current tax status.
13.
Add back in the Waiver for Reasonable Accommodation, specify the makeup of the review
committee and appeal body
14.
Change to the Violations and Penalties section as suggested by staff.15.
SUGGESTED MOTION
MOVE to adopt Ordinance 22-01 (with the following modifications; list out the changes using the list
from the Staff Recommendation section of the report or other changes as determined by the Town
Council).
Attachments
Ordinance 22-01
9 AAC 12 Section 202 Requirements
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 03/24/2022 08:28 AM
Development Services Director (Originator)03/24/2022 08:29 AM
Town Attorney Aaron D. Arnson 03/24/2022 03:49 PM
Town Manager Grady E. Miller 03/25/2022 11:04 AM
Form Started By: John Wesley Started On: 03/16/2022 03:05 PM
Final Approval Date: 03/25/2022
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Adoption of Resolution 2022-11 approving an intergovernmental agreement with
Maricopa County Animal Care and Control.
Staff Summary (Background)
Chapter 6 of the Town Code authorizes the Town of Fountain Hills to regulate animals within the town.
Complaints regarding barking dogs are enforced by the Sheriff's Office (MCSO).
Through an Intergovernmental Agreement (IGA), Maricopa County Animal Control responds to calls for
service from the town for dog bites, stray dogs, leash law violations, and similar services. Under the
current agreement which expires on June 30, 2022, the annual cost for this service is $30,318 which
included 10 sweeps of town parks for enforcement of off-leash pets, dogs at large, and licensing
violations. Staff is recommending renewing the agreement with Maricopa County Animal Control for
another year with a term of July 1, 2022, through June 30, 2023. Under the renewed agreement, the
annual cost for animal control services from Maricopa County will be $31,906.00.
Related Ordinance, Policy or Guiding Principle
Ordinance 18-05; Town Code Chapter 6.
Risk Analysis
Animal Control is an important service that is contracted with Maricopa County at a very low cost
annually. While the Town of Fountain Hills could provide this service itself, the additional cost impacts
for staffing, training, liability insurance, and other operating costs would far exceed the annual cost of
contracting with Maricopa County Animal Control.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends the Adoption of Resolution 2022-11 approving the renewal of an IGA with Maricopa
County Animal Care and Control.
SUGGESTED MOTION
MOVE to Adopt Resolution 2022-11 approving an IGA with Maricopa County Animal Care and Control.
Attachments
Res. 2022-11
Maricopa County Animal Care and Control IGA
Form Review
Inbox Reviewed By Date
Community Services Director Rachael Goodwin 04/26/2022 08:05 AM
Finance Director David Pock 04/26/2022 08:36 AM
Town Attorney Aaron D. Arnson 04/26/2022 08:46 AM
Town Manager Grady E. Miller 04/26/2022 09:15 AM
Form Started By: Patti Lopuszanski Started On: 03/03/2022 04:32 PM
Final Approval Date: 04/26/2022
RESOLUTION NO. 2022-11
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA
COUNTY, ARIZONA, RELATING TO BASIC ANIMAL CONTROL
SERVICES
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town”) acknowledge the
need for animal control services within the Town; and
WHEREAS, the Town has entered into an Intergovernmental Agreement (the “Agreement”) with
Maricopa County, a political subdivision of the State of Arizona (the “County”), for the provision
of animal control services within the Town; and
WHEREAS, the Town and the County desire to extend the term of the Agreement and provide
for compensation for services provided thereunder.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town, through its Mayor and Council, hereby approves the
Intergovernmental Agreement (“IGA”).
SECTION 3. The Town hereby authorizes the expenditure of funds for basic animal control
services, as more specifically detailed in the Appendix A.
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 IGA 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 Fountain Hills, Maricopa County,
Arizona, this 3rd day of May, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
_
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
RESOLUTION NO. 2022-11 PAGE 2
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
RESOLUTION NO. 2022-11 PAGE 3
EXHIBIT A
TO
RESOLUTION NO. 2022-11
INTERGOVERNMENTAL AGREEMENT FOR ANIMAL
CONTROL SERVICES AND SWEEPS BETWEEN
MARICOPA COUNTY, ARIZONA AND THE TOWN OF
FOUNTAIN HILLS]
See following pages.
PAGE 1 OF 15
Town of Fountain Hills IGA
INTERGOVERNMENTAL AGREEMENT
MARICOPA COUNTY ANIMAL CONTROL SERVICES
BETWEEN
MARICOPA COUNTY
[Administered by its Animal Care & Control Department]
and
THE TOWN OF FOUNTAIN HILLS
THIS INTERGOVERNMENTAL AGREEMENT (“IGA” or “Agreement”) for Animal
Control Services is entered by and between Maricopa County, a political subdivision of the State
of Arizona, administered by its Animal Care & Control Department (“MCACC”) (collectively
referred to as “County”), and the TOWN OF FOUNTAIN HILLS (“Town”), a municipal
corporation of the State of Arizona. The County and Town are collectively referred to as “Parties”
and individually as “Party.” In consideration of the following, the Parties agree as follows:
1.0 PURPOSE: The purpose of this Agreement is to memorialize the Parties’ rights and
responsibilities regarding the County’s provision of Animal Control Services to the Town.
The Town needs Animal Control Services and desires to enter into this Agreement with
the County to appoint the County as the statutory Enforcement Agent for the City to
administer Animal Control Services, as defined in this Agreement.
2.0 AUTHORITY
2.1 Arizona Revised Statutes (“A.R.S.”) § 11-952 and 11-1013 authorize the County
and Town, as public agencies, to enter IGAs for joint cooperative action, which
includes animal control services;
2.2 A.R.S. § 11-251(47) authorizes the County to make and enforce ordinances for the
protection and disposition of Domestic Animals subject to inhumane, unhealthful,
or dangerous conditions or circumstances;
2.3 A.R.S. § 11-1005(A)(3) and County Ordinance No. P-13, Rabies/Animal Control
(“County Ordinance No. P-13”) authorize the Board of Supervisors to contract with
the Town to enforce the provisions of any Town ordinance enacted for the control
of dogs if the provisions are not specific to breed;
2.4 A.R.S. § 11-201(A) authorizes the Board of Supervisors (“BOS”) to act on behalf
of the County;
PAGE 2 OF 15
Town of Fountain Hills IGA
2.5 Pursuant to A.R.S. § 11-1005(A)(1), the BOS has designated MCACC as the
“County enforcement agent” to perform animal control services. A.R.S. § 11-1007
authorizes the County enforcement agent to carry out its duties; and,
2.6 Pursuant to A.R.S. §§9-240(B) (16)(a)-(d), the Town is authorized to regulate dogs
and other animals within the Town.
3.0 TERM: This Agreement is effective on July 1, 2022 (“Effective Date”) and terminates on
June 30, 2027 (collectively, “Term”).
4.0 RENEWAL: The Parties may renew this Agreement up to two successive twelve-month
terms/as many times as desirable, but each extension may not exceed the duration of the
Term (“Renewal”).
5.0 AMENDMENTS:Nothing in this Agreement may be modified or waived except by prior
written amendment, duly executed by authorized signers for Parties. The Parties may renew
or amend this Agreement upon the mutual written agreement signed by authorized signers
for the Parties.
6.0 DEFINITIONS
6.1 The Definitions at A.R.S. § 11-1001 and Town Code § Chapter 6 are hereby
incorporated into this Agreement and shall be capitalized when used in this
Agreement. In the event the County and Town definitions conflict, the County
definitions shall control. Additionally, the following terms are used in this
Agreement.
6.2 Aggressive Dog: Any dog that has bitten a person or domestic animal without
provocation or that has a known history of attacking persons or domestic animals
without provocation.
6.3 Animal: Refers to dogs but may also include cats that have bitten a human.
6.4 Animal At-Large: A dog that is not contained by an enclosure or physically
restrained by a leash.
6.5 Animal Control Ordinance:Laws set forth by A.R.S. Title 11, ordinances adopted
by Maricopa County for unincorporated Maricopa County, and ordinances adopted
by Town contracted with County to provide Animal Control Services.
6.6 Animal Control Facilities: Refers to the County Animal Pounds established
pursuant to A.R.S. § 11-1013.
6.7 Animal Control Services: Services provided by County that have been contracted
and approved by the Town and the County. Animal Control Services includes the
following services performed within the response periods prescribed in Appendix B:
6.7.1 control or impound of Animals (dogs) At-Large;
6.7.2 enforcement of licensing and rabies vaccination laws and ordinances; and
6.7.3 rabies surveillance and impound of Animals who have bitten a human.
PAGE 3 OF 15
Town of Fountain Hills IGA
6.8 Bite Animal At-Large: An Animal that has bitten a human.
6.9 Confined Stray:Any dog thathas been found roaming at large and the primary finder
has taken into their private home or business for the purpose of confinement at the
County Pound.
6.10 County Observed Holidays: Refers to the County holidays listed on the County
Clerk of Court website.
6.11 Domestic Animal: As defined at A.R.S. § 11-251(47), an animal kept as a pet and
not primarily for economic purposes.
6.12 Enforcement Agent: As defined at A.R.S. § 11-1001(4), the person in each County
who is responsible for the enforcement of the animal control statutes and any rules
adopted pursuant to those statutes.
6.13 Limited Operation Hours: Refers to the hours of 5 p.m. to 10 p.m. seven (7) days a
week except County Observed Holidays. Restricted access available to police and
fire needing assistance with Priority 1 activities. Not intended for general public
access. Communication police line is direct service dispatcher to dispatcher.
6.14 Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a
week except County Observed Holidays.
6.15 Owner:As defined in A.R.S. § 11-1001(10), any person keeping an animal other than
livestock for more than six consecutive days.
6.16 Priority 1 Dispatch: Request for service from the police or fire departments or
calls from the public involving a Bite Animal At-Large.
6.17 Priority 2 Dispatch: Request for service involving an Animal At-Large on school
property while school is in session, Aggressive Dog(s), or, if the dog is reported to
have any type of injury or sickness, Stray Dogs in imminent harm. May include
lower level calls for service that require immediate attention based on the situation.
6.18 Priority 3 Dispatch: Request for service to impound stray dogs confined by the
primary finder, at a private home or business or bite cases that have not just
occurred to investigate and/or advise quarantine.
6.19 Priority 4 Dispatch: Request for service to enforce license or leash laws. The
location of the dog and dog owner is known, and a violation witnessed and reported
for investigation of leash law.
6.20 Primary Finder: Person who has located and confined a stray dog and has taken
the dog into their private home or business for purposes of confinement at County
Animal Control Facilities.
6.21 Response Time: The time within which the County will respond to a call for
service which varies based on the time of the call and the priority assigned to the
call.
6.22 Stray Dog: Means any dog three months of age or older running at-large that is not
wearing a valid license tag.
PAGE 4 OF 15
Town of Fountain Hills IGA
6.23 Sick or Injured: A stray dog which has been reported to have some type of injury
or suffering from some type of illness. This can include but is not limited to hit by
a car, limping, suffering from heat related issues.
6.24 Third Party:A person or group, not under contract with the County or other
municipality, that receives from the primary finder, traps, picks up, and/or confines
for any period of time, Animals from another. For example, veterinarians and
citizen groups who receive Animals from others are Third Parties under this
Agreement. Businesses contracted by government jurisdictions to provide Animal
Control Services are not Third Parties under this Agreement.
7.0 COUNTY RESPONSIBILITIES
The County agrees to:
7.1 Provide Animal Control Services to the Town, as defined and further prescribed in
Appendix B.
7.2 Submit invoices quarterly for Animal Control Services provided.
7.3 If the Town changes its ordinance, the County may at its option, decline to enforce
the changes to the ordinance or enter a written amendment adding enforcement of
such changes, which may include modification of service and additional payment
terms.
8.0 TOWN RESPONSIBILITIES
The Town agrees to:
8.1 Pay the County for Animal Control Services performed under this Agreement in
accordance with Appendix A of this Agreement. The Town will submit payment
to County within thirty (30) days of receiving an invoice.
8.2 Notify the County of Town ordinance changes no later than 90 days prior to the
effective date of the change.
9.0 RECORDS
9.1 At minimum, the Parties shall keep the following records under this Agreement
(“Records”):
9.1.1 Intake counts;
9.1.2 Electronic impound records;
9.1.3 Documentation of Town attempts to return Animal to owner;
9.1.4 All documentation related to dog licenses;
9.1.5 All documentation related to rabies;
9.1.6 All documentation related to Immigration, E-Verify, and compliance
with paragraph 20 of this Agreement; and
9.1.7 Any other books, accounts, reports, files, or other documents related to
this Agreement required under law.
PAGE 5 OF 15
Town of Fountain Hills IGA
9.2 The Town will have access to County dog licensing data through a web portal, calls
to the animal control facility, and by email.
9.3 The Parties shall retain records in accordance with their applicable retention rules
and policies. The County shall retain records in accordance with the County
Records Management policy, A2101. The Town shall retain records in accordance
with applicable law.
9.4 The Parties waive their respective public records procedure for obtaining Records,
including when using the web portal, phone calls, or emails for licensing data.
9.5 The Parties shall have full access to, and the right to examine, copy, and make use
of, all Records relevant to this Agreement no later than ten (10) business days from
the date of request.
9.6 The Parties acknowledge some Records may be protected from disclosure under
Arizona law. The Parties shall consult with counsel prior to disclosing.
10.0 REPORTING: The Countyshall provide the Town with quarterly routine statistical and/or
management reports which provide the following information: the number of calls, the date
and time the call was received, incident address or area, descriptor (stray/dangerous), and
disposition of the call concerning the services provided pursuant to this Agreement.
11.0 FINANCING: The Town will pay for the impounding and quarantining activities under
this Agreement pursuant to the fees and costs schedules in Appendices A and B to this
Agreement.
12.0 NON-APPROPRIATION: Notwithstanding any other provision in this Agreement, every
payment obligation of the Town under this Agreement is conditioned upon the availability
of funds appropriated and allocated for the payment of such obligation. If funds are not
appropriated, allocated and available or if the appropriation is changed by the appropriating
body resulting in funds no longer being available for the continuance of this Agreement,
this Agreement may be terminated by the County at the end of the period for which funds
are available. No liability shall accrue to the Town or County in the event this provision
is exercised, and neither Party shall be obligated or liable for any future payments or for
any damages due to termination under this paragraph.
13.0 AUDITS
13.1 Each Party may audit and inspect the other Party’s work to verify compliance with
this Agreement.
13.2 All Records shall be subject at all reasonable times to inspection and audit by either
Party for five years after completion of the Agreement.
13.3 The owner of the Records shall produce the requested Records in accordance with
this Agreement.
PAGE 6 OF 15
Town of Fountain Hills IGA
13.4 Each Party, prior to conducting an audit, must give sixty (60) calendar days’ notice
to the other Party. Notice shall be given as provided in section 14.0.
14.0 NOTICE: Whenever written notice is required or permitted under this Agreement, such
notice shall be deemed to have been sufficiently given if personally delivered or deposited
in the United States mail in a properly stamped envelope – certified or registered mail,
return receipt requested – or electronically mailed, addressed to:
MARICOPA COUNTY TOWN OF FOUNTAIN HILLS
Maricopa County Animal Care & Control
Shelter and Field Operations
c/o Al Aguinaga
2500 S 27th Avenue
Phoenix, AZ 85009
(602) 506-2766
cc:
Maricopa County Animal Care & Control
c/o Kristi McMahon
2500 S. 27th Avenue
Phoenix, AZ 85009
(602) 506-5100
Town of Fountain Hills
c/o Grady Miller, Town Manager
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Cc:
Town of Fountain Hills
c/o Aaron Arnson, Town Attorney
16705 E Avenue of the Fountains
Fountain Hills, AZ 85268
15.0 TERMINATION
15.1 Any Party may terminate this Agreement at any time without cause by giving ninety
(90) days’ written notice in compliance with the Notice requirements of this
Agreement in section 14. The County may terminate the Agreement immediately
upon discovery that the life, health, or safety of an animal or person is in jeopardy
because of the actions or inaction of the Town. The failure of the Town to provide
requested information on a bite incident, attack incident, and/or stray hold
constitute[s] the jeopardy of life, health, and safety of an animal and person and is
grounds for immediate termination.
15.2 Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel this
Agreement without penalty or obligation, if any person significantly involved in
the initiating, negotiating, securing, drafting, or creating this Agreement on behalf
of the terminating Party is at any time while the Agreement or any extension thereof
is in effect an employee of the other party to the Agreement in any capacity with
respect to the subject matter of this Agreement.
PAGE 7 OF 15
Town of Fountain Hills IGA
15.3 In the event of non-payment by Town, this Agreement shall terminate as of the date
of last payment received and County obligations hereunder shall immediately
cease.
15.4 Upon termination of this Agreement, all property involved will revert to the owner.
Termination will not relieve any Party from liabilities or costs already incurred
under this Agreement, nor affect any ownership pursuant to this Agreement. Any
Eligible Animals still in the custody of the County at the termination of this
Agreement will become the property of the Town at the end of the hold period
established by statute and will be governed by this Agreement.
16.0 INDEPENDENT CONTRACTOR: The Town is an independent contractor, including
the Town’s employees, agents, and subcontractors. Nothing in this Agreement will be
construed to create any partnership, joint venture, or employment relationship between the
Parties or create any employer-employee relationship between a Party and the employees
of the other Party. Neither Party will be liable for any debts, accounts, obligations, or other
liabilities whatsoever of the other.
17.0 SUBCONTRACTING: The Town shall not subcontract or assign any responsibility or
portion of this Agreement to a subcontractor without the prior, express, written consent of
the County. The Countyreserves the right to reject a subcontractor if the Countydetermines
the subcontractor fails to comply with any term of this Agreement or if the County
determines the subcontractor does not pass a background check or fails any other criteria
related to the health or safety of Animals and employees.
18.0 ASSIGNMENT: This Agreement shall not be assigned, in whole or in part, without the
prior written consent of the Parties, and any assignment in contravention of this provision
shall be null and void.
19.0 NONDISRCIMINATION: The Parties agree to comply with all applicable state and
federal laws, rules, regulations and executive orders governing equal employment
opportunity, immigration, nondiscrimination, including the Americans with Disabilities
Act, and affirmative action.
20.0 IMMIGRATION; E-VERIFY: To the extent applicable under A.R.S. § 41-4401, the
Parties warrant compliance, on behalf of themselves and all subcontractors, with all federal
immigration laws and regulations relating to their employees, and, compliance with the E-
Verify requirements under A.R.S. § 23-214(A). Any Party’s breach of the above-
mentioned warranty shall be deemed a material breach of this Agreement and the non-
breaching Party may terminate this Agreement. The Parties retain the legal right to inspect
PAGE 8 OF 15
Town of Fountain Hills IGA
the papers of any other Party to ensure that the Party is complying with the above-
mentioned warranty under this Agreement.
21.0 INDEMNIFICATION: To the fullest extent permitted under Arizona law, each Party and
its departments, agencies, boards, commissions, officers, officials, agents, employees, and
volunteers (as “Indemnitor”) agrees to indemnify, defend and hold harmless the other Party
and its departments, agencies, boards, commissions, officers, officials, agents, employees,
and volunteers (as “Indemnitee”), from and against any and all claims, actions, liabilities,
damages, losses, costs, or expenses (including court costs, attorneys’ fees, claim
processing) (collectively, “Claims”) arising out of bodily or personal injury of any person
(including death) or tangible or intangible property damage, in whole or in part, by the
negligent or willful acts or omissions of Indemnitor. This indemnity includes any claim or
amount arising out of or recovered under the Workers’ Compensation law. It is the specific
intention of the Parties that the Indemnitee shall, in all instances, except for Claims arising
solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by
the Indemnitor against all Claims. It is agreed that the Townwill be responsible for primary
loss investigation, defense, and judgment costs where this indemnification is applicable.
Nothing in this Agreement shall be construed as consent to any suit or waiver of any
defense in a suit brought against the County or the Town in any State or Federal Court
arising from the negligent or willful acts or omissions of the Parties.
22.0 DISPUTE RESOLUTION: In the event a dispute under this Agreement arises between
the Parties, the Parties will follow this process:
22.1 The Parties will meet and confer in person about the issue. The Parties will make
their best efforts to reach a resolution at this meeting.
22.2 If the Parties are unable to resolve the conflict after the in-person meeting, within
ten (10) business days after the meeting, the Party raising the issue shall prepare a
written conflict report and deliver to the other/receiving Party for a response. The
conflict report shall include, at minimum, a section summarizing relevant
background, an issue statement, and a proposed solution. The receiving Party shall
prepare and deliver a written response within ten (10) business days from the date
of receipt of the conflict report.
22.3 If the Parties cannot resolve the issue after assessing the conflict report and
response, the Parties shall once again meet and confer in person to discuss the
conflict report and response and try to resolve the issue. The Parties shall make
their best efforts to reach a resolution at this meeting.
22.4 If the Parties are still unable to reach a resolution, the Parties may seek resolution
through mediation/arbitration. The Parties may provide the conflict report and
response to the arbitrator to aid in resolution. The Parties shall select a mutually
acceptable third-party as arbitrator. Each party shall bear its own arbitration fees,
attorneys’ fees, and costs.
PAGE 9 OF 15
Town of Fountain Hills IGA
23.0 PARTIAL PERFORMANCE: The failure of either Party to insist in any one or more
instances upon the full and complete performance of any of the terms of this Agreement
shall not be construed as a waiver or relinquishment of the right to insist upon full and
complete performance of the same, or any other term, either in the past or in the future.
24.0 FORCE MAJEURE: Neither Party shall be responsible for delays or failures in
performance resulting exclusively from unanticipated, unpreventable, uncontrollable,
exceptional, and overwhelming events or acts. This includes acts or events of nature, such
as fires, pandemics, floods, hurricanes, monsoons, tornadoes, or communication line or
power failures; and, acts or events of people, such as riots, wars, and governmental
regulations imposed after the fact.
25.0 INSURANCE: The Parties agree to secure and maintain sufficient insurance coverage for
all risks that may arise out of the terms, obligations, operations, and actions as set forth in
this Agreement, including but not limited to public entity insurance. The acquisition of
insurance or the maintenance and operation of a self-insurance program may fulfill the
insurance requirement.
26.0 APPLICABLE LAW: Each Party shall comply with all applicable laws, ordinances,
Executive Orders, rules, regulations, standards, and codes of the Federal and State whether
or not specifically referenced herein.
27.0 VENUE; CHOICE OF LAW
27.1 The proper venue for any proceeding arising from this Agreement shall be
Maricopa County, Arizona. This Agreement shall be construed in accordance with
and be governed by the laws of the State of Arizona.
27.2 This Agreement and all obligations imposed on the Parties arising under this
Agreement shall be subject to any limitations of budget law or other applicable
local law or regulations. No term in this Agreement shall be construed to relieve
the Parties of any obligations or responsibilities imposed on Parties by law. This
Agreement shall be construed in accordance with the laws of the State of Arizona.
28.0 HEADINGS: Sections and other headings contained in this Agreement are for reference
purposes only and shall not affect in any way the meaning or interpretation of this
Agreement.
29.0 ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed
to by the Parties. No other understanding, oral or otherwise, regarding the subject matter
of this Agreement shall be deemed to exist or to bind any of the Parties hereto.
PAGE 10 OF 15
Town of Fountain Hills IGA
IN WITNESS WHEREOF, the undersigned represent and warrant that he/she is duly authorized
to execute and deliver this Agreement on behalf of each Party and that this Agreement is binding
on said Party in accordance with its terms. The Parties enter into this Agreement as of the
Effective Date, as defined in Section 3.0 of this Agreement (Term):
MARICOPA County TOWN OF FOUNTAIN HILLS
By:By:
Jack Sellers, Chairman
Maricopa County Board of Supervisors
Ginny Dickey, Mayor
Town of Fountain Hills
Date Date
Attest:Attest:
Juanita Garza, Clerk of the Board Elizabeth Klein,Town Clerk
Date Date
Approved as to Form:
Undersigned counsel has reviewed the foregoing Agreement pursuant to A.R.S. § 11-952 (D) and
has determined it is in proper form and within the powers and authority granted under the laws of
this state to the County and Town.
Karen Hartman-Tellez,
Maricopa County Deputy Attorney
Aaron Arnson
Attorney for Town of Fountain Hills
Date Date
PAGE 11 OF 15
Town of Fountain Hills IGA
APPENDIX A
COMPENSATION SCHEDULE FOR
ANIMAL CONTROL SERVICES
1. County Service Level:Animal Control Services
2. Service Cost for Initial Term: $25,843
For the initial year of this Agreement, the Town agrees to pay the County $25,843. Thereafter,
the Town shall pay the County those fees approved by the Maricopa County Board of Supervisors
in accordance with a formula developed by MCACC, which require full recovery of the County’s
direct and indirect costs.
AVG FY20/FY21 Jurisdiction Population and Bite Data
Reported
Population
AWMA US Pet
Ownership
Formula for Dog
Population
Bite
Quarantine
at ACC
Field Bite
Cases
Proactive
Town
Patrols of
parks and
public areas
23,906 5,645 2 62 10
AVG FY20/FY21 Calculation for Initial Year ( FY2023 or 7/1/22 – 6/30/23):
Mileage
(ACC to
Town x
CFS)
Mileage @
Federal
Reimbursement
Rate .585
Calls for
Service
(CFS) @
$68/call
Trucks,
Technology
Replacement
based on % on
Field Calls
across all Town
Hours Spent
in the Field
on Calls
@$81.06/hour
Town
patrols ten
(10) per
FY year
$800/patrol
day
5538.6 $3,240.08 $10,404 $1,361.97 $2,837.10 $8,000
PAGE 12 OF 15
Town of Fountain Hills IGA
APPENDIX B
SERVICES
1. The County, as the appointed Enforcement Agent, shall be responsible for and enforce the
Animal Control Ordinance for the Town. See Appendix D.
2. Minimum Staffing: Staffing will be sufficient to respond to ninety percent (90%) of
service requests within the period prescribed below
3. Response Times: The County will respond during Normal Hours of Operation. On
average, County staff will arrive at the scene of a reported service request within the time
prescribed below based on the service classification and driver safety conditions:
Priority 1 1 hour
Priority 2 2 hours
Priority 3 48 hours
Priority 4 72 hours
**See Appendix C for call for service types by priority.
4. Response Time during Limited Operations Hours: The County will only act on Priority 1
and 2 calls for service during Limited Operation Hoursand only when the requesting police agency
agrees to remain on scene for the duration of the time needed to handle the call for service. The
County will not respond to priority 3 or 4 calls for service after 3pm until the commencement of
the next Normal Hours of Operation. The response time for Limited Operations Hours will be two
(2) hours maximum. The response time could be longer should a higher priority call for service
be received. The choice to respond to higher priority calls is at the discretion of the County.
5. The County shall not respond to scenes involving owned animals being seized or
impounded as a part of a police function related to neglect, abuse, abandonment, arrests, crime
scene investigations, fire scenes, or any situation where the law enforcement officer has seized an
owned animal. The County will not respond to citizen response requests for abuse, neglect, or
cruelty of animals.
6. Law enforcement agencies needing assistance in accordance with this IGA can call the
County Field Dispatch non-public phone line (602-506-1309) to request general assistance during
Normal Hours of Operation and after 5pm for Priority 1 or 2 calls. The decision to respond is
based on the information provided to staff at the time of the request. The County reserves the right
to respond to non-emergency requests at the beginning of the next Normal Hours of Operation.
7. While the County is closed for business on all County Observed Holidays, the County
reserves the right to provide limited response times from 7am to 10 pm on County observed
holidays. The police only line will be staffed for Priority 1 calls for service from 7am to 10pm on
County Holidays.
PAGE 13 OF 15
Town of Fountain Hills IGA
8. The County shall provide lost and found service from 8am to 5pm seven (7) days per week
to allow for citizens to report found and lost dogs at (602) 372-4598. This service will not be
provided during the holiday coverage prescribed in Paragraph 7.
9. The County shall provide call center services during Normal Hours of Operation and 24-
hour online services for citizens to report animal control issues, conduct licensing transactions,
and ask general animal control questions. Call center services will not be provided during the
holidays prescribed in Paragraph 7.
10. The County at its discretion may pick up dogs from Third Parties.
11. The County will provide an additional ten (10) enforcement patrols coordinated with Town
Officials that include parks, public streets, and other locations identified. The cost per patrol is
calculated at $800 per patrol day that includes hours spent within city limits to conduct the service.
PAGE 14 OF 15
Town of Fountain Hills IGA
APPENDIX C
PRIORITY CLASSIFICATIONS
PAGE 15 OF 15
Town of Fountain Hills IGA
APPENDIX D
TOWN OF FOUNTAIN HILLS ORDINANCE
Dog not permitted at large 6-2-5C
Dog at large school/park 9-4-3A4
Dog at large vicious/heat 6-2-5A
Unlawful Interference 6-2-8A
Failure to wear 6-2-5D
Failure to quarantine 6-2-7A
Unlawful Keeping 6-2-8B
Failure to license 6-2-3D
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Resolution 2022-014 approving Amendment One to the Intergovernmental
Agreement with the Flood Control District of Maricopa County for the Golden Eagle Park Dam-Debris
Mitigation Improvement Project.
Staff Summary (Background)
Golden Eagle Park lies in the flood impoundment area of Golden Eagle Park Dam. Previous flooding at
the Park (particularly during storm events of Oct. 2, 2018 and of Sept. 23, 2019) have demonstrated the
need for drainage improvements within the Park. J.E. Fuller prepared the "Golden Eagle Park Drainage
Improvements Study, Technical Report" and presented its findings to the Town Council on 1-21-20 (Item
4.0 on that agenda). A contract with J.E. Fuller for the design of the recommended Phase 1
Improvements (primarily, accumulated sediment removal and grading enlarged drainage channels
through the Park) was approved by the Town Council on 3-3-2020, and amended most recently on
1-4-2022.
Town staff submitted a proposal to the Flood Control District of Maricopa County under its Small
Projects Assistance Program in Oct. 2019, for the portion of the drainage improvements project that will
improve the protection of the dam and downstream residences, including:
Removal of accumulated sediment from the drainage channels near the dam.
Removal of the inlet (Park side) steel access barrier at the Auxiliary Principal Outlet Structure (a
10' x 4' reinforced concrete box culvert through the dam).
Removal of the drop inlet approach to that Structure.
Regrading (lowering) the drainage channels near the dam (possible due to removal of the drop
inlet approach).
Placing debris catching features, such as bollards, upstream from the Outlet Structures.
Constructing a sediment drop basin near the dam.
FCDMC approved the Town's funding application in Oct. 2019. On April 7, 2020, Town Council approved
Resolution 2020-14, adopting an IGA, which provided the legal basis for the FCDMC's participation in
the project work - FCDMC will fund 75% of the fundable project costs during a two-year period
(estimated to total $121,000; so the FCDMC participation is estimated to be $90,750. The funding
period was from July 1, 2020 to June 30, 2022. The IGA specifically excluded FCDMC funding for various
work (including R/W acquisition, permitting, construction management, O&M, landscaping, aesthetic
features, and utilities). The Town was responsible for all other project costs, and for the operation and
maintenance of the project features after their completion.
During the project design phase, Town staff changes and scope modifications resulted in a schedule
delay. The Town requested additional time from the Flood Control District, to allow us to complete the
project construction within the funding period. The Flood Control District has agreed to extend the
construction funding period for 1 year, extending the deadline from June 30, 2022 to June 30, 2023.
This construction funding date extension represents the only modification to the IGA.
Related Ordinance, Policy or Guiding Principle
Town of Fountain Hills Ordinance 16-02 amended Fountain Hills Town Code Chapter 14, which
addresses flood damage prevention relating to floodplain management.
Risk Analysis
Not approving this IGA would result in the Town missing the deadline for construction completion, and
the Town would then have to fund the FCDMD portion of the project costs for the "Golden Eagle Park
Dam - Debris Mitigation Improvements", currently estimated to be $90,750, in addition to all of its other
proposed costs for upgrading the drainage facilities at Golden Eagle Park.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Resolution 2022-014.
SUGGESTED MOTION
MOVE to adopt Resolution 2022-017.
Fiscal Impact
Fiscal Impact:$30,250
Budget Reference:
Funding Source:CIP
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form:
Attachments
IGA
Res 2022-014
Form Review
Inbox Reviewed By Date
Public Works Director Justin Weldy 04/19/2022 02:11 PM
Finance Director David Pock 04/19/2022 02:13 PM
Public Works Director Justin Weldy 04/19/2022 03:11 PM
Finance Director David Pock 04/20/2022 10:53 AM
Town Attorney Aaron D. Arnson 04/20/2022 10:59 AM
Town Manager Grady E. Miller 04/20/2022 12:10 PM
Form Started By: David Janover Started On: 04/11/2022 08:09 AM
Final Approval Date: 04/20/2022
IGA FCD 2020A010A PCN 699.21.31 PAGE 1 OF 5
AMENDMENT NO. 1
to
Intergovernmental Agreement 2020A010
for the
Design, Rights-of-Way Acquisition, Utility Relocations, Construction, Construction
Management and Operation and Maintenance
of the
Golden Eagle Park Dam-Debris Mitigation Improvement Project
between the
Town of Fountain Hills
and the
Flood Control District of Maricopa County
IGA FCD 2020A010A
Agenda Item _________
This Amendment No. 1, also known as Intergovernmental Agreement (IGA) FCD2020A010A to
IGA FCD 2020A010 is entered into by and between the Flood Control District of Maricopa County,
a political subdivision of the State of Arizona, acting by and through its Board of Directors (the
“DISTRICT”), and the Town of Fountain Hills, a municipal corporation, acting by and through its
Mayor and Town Council, (the “TOWN”). The TOWN and the DISTRICT are collectively referred
to as the PROJECT PARTNERS and as a PROJECT PARTNER.
This Amendment shall become effective as of the date it has been executed by all PROJECT
PARTNERS.
STATUTORY AUTHORIZATION
1. The DISTRICT is empowered by Arizona Revised Statutes (A.R.S.) §48-3603, as revised, to
enter into this Agreement and has authorized the undersigned to execute this Agreement on
behalf of the DISTRICT.
2. The TOWN is empowered by A.R.S. § 9-240(B), as amended, to enter into this Agreement and
has authorized the undersigned to execute this Agreement on behalf of the TOWN.
BACKGROUND
3. On July 31, 2019 the Board of Directors of the DISTRICT (the Board) adopted Resolution FCD
2009R003C (C-69-09-062-6-03) authorizing the DISTRICT to cost-share in projects
recommended under the DISTRICT’s Small Project Assistance Program.
IGA FCD 2020A010A PCN 699.21.31 PAGE 2 OF 5
4. On July 22, 2020, the Board approved IGA FCD 2020A010 authorizing the DISTRICT and the
TOWN to cost-share in the Golden Eagle Park Dam-Debris Mitigation Improvement Project
(PROJECT).
5. Due to a delay in Project design, the TOWN has requested and the DISTRICT has agreed to
extend the completion date from June 30, 2022 to June 30, 2023.
PURPOSE OF THE AGREEMENT
6. The purpose of this Amendment is to extend the PROJECT construction and funding from
June 30, 2022 to June 30, 2023.
TERMS OF AGREEMENT
7. The PROJECT DESIGN AND CONSTRUCTION COST is estimated to be $121.000 but is
subject to change without amendment to this Agreement.
8. The DISTRICT shall:
8.1 Fund seventy-five percent (75%) of the PROJECT DESIGN AND CONSTRUCTION
COST incurred and invoiced between July 1, 2021 and June 30, 2023, with the funding
from the DISTRICT limited to a maximum of $500,000 in accordance with the
DISTRICT’s Small Project Assistance Program. The DISTRICT’s current estimated
funding share is $90,750.
9. The TOWN shall:
9.1 Fund the full PROJECT DESIGN AND CONSTRUCTION COST not reimbursed by
the DISTRICT, making the TOWN’s estimated PROJECT DESIGN AND
CONSTRUCTION COST share $30,250; and TOWN will fully fund all PROJECT
costs for any work completed and invoiced before July 1, 2021 or after June 30, 2023.
9.2 Invoice the DISTRICT as follows:
9.2.1 After the construction contractor has mobilized and then started construction
activities, the TOWN may invoice the DISTRICT for one-half (1/2) of its share
of the PROJECT DESIGN AND CONSTRUCTION COST.
9.2.2 Within thirty (30) days of completion of construction of the PROJECT, but no
later than June 30, 2023, prepare a final accounting including change order costs
not previously paid, and invoice the DISTRICT for the remainder of its share of
the PROJECT DESIGN AND CONSTRUCTION COST incurred, if any, to
date.
10. This Amendment IGA 2020A010A governs where terms conflict with the original IGA FCD
2020A010. However, the original IGA FCD 2020A010 is applicable unless specifically changed
by this Amendment. The paragraph numbering in this Amendment is coincidental and is not
intended to indicate that these same numbered paragraphs in the original IGA FCD 2020A010
are being replaced in their entirety.
IGA FCD 2020A010A PCN 699.21.31 PAGE 3 OF 5
11. This Amendment shall expire either (a) one year from the date of execution by all PROJECT
PARTNERS, or (b) upon both completion of the PROJECT and satisfaction of all funding
obligations and reimbursements associated with this Agreement, whichever is the first to occur.
However, by mutual written agreement of all PROJECT PARTNERS, this Agreement may be
amended or terminated except as expressly stated in this Agreement. The operation and
maintenance and indemnification provisions of this Agreement shall survive the expiration of
this Agreement.
12. Attached to this Amendment or contained herein are the written determinations by the
appropriate attorneys for the PROJECT PARTNERS, that these agencies are authorized under
the laws of the State of Arizona to enter into this Amendment and that it is in proper form.
13. If legislation is enacted after the effective date of this Agreement that changes the relationship or
structure of one or more PROJECT PARTNERS, the PROJECT PARTNERS agree that this
Agreement shall be renegotiated at the written request of either PROJECT PARTNER.
14. This Amendment is subject to cancelation pursuant to A.R.S. § 38-511.
IGA FCD 2020A010A PCN 699.21.31 PAGE 4 OF 5
FLOOD CONTROL DISTRICT OF MARICOPA COUNTY
A Political Subdivision of the State of Arizona
Recommended by:
Michael A. Fulton Date
Director
Approved and Accepted:
By:
Chairman, Board of Directors
Date
Attest:
By:
Clerk of the Board
Date
The foregoing Amendment No. 1 FCD 22020A010A to Intergovernmental Agreement FCD
2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned
General Counsel, who has determined that it is in proper form and within the powers and authority
granted to the Flood Control District of Maricopa County under the laws of the State of Arizona.
General Counsel Date
IGA FCD 2020A010A PCN 699.21.31 PAGE 5 OF 5
TOWN OF FOUNTAIN HILLS
A Municipal Corporation
Approved and Accepted By:
Town Mayor Date
Attest:
By:
Town Clerk Date
The foregoing Amendment No. 1 FCD 2020A010A to Intergovernmental Agreement FCD
2020A010 has been reviewed pursuant to A.R.S. Section 11-952, as amended, by the undersigned
attorney who has determined that it is in proper form and within the power and authority granted to
the Town of Fountain Hills under the laws of the State of Arizona.
Town Attorney Date
RESOLUTION NO. 2022-014
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, ADOPTING
AMENDMENT ONE TO AN INTERGOVERNMENTAL
AGREEMENT WITH THE FLOOD CONTROL DISTRICT OF
MARICOPA COUNTY RELATING TO THE DESIGN, RIGHTS-OF-
WAY, ACQUISITION, UTILITY RELOCATIONS,
CONSTRUCTION, CONSTRUCTION MANAGEMENT AND
OPERATION AND MAINTENANCE OF THE GOLDEN EAGLE
PARK DAM-DEBRIS MITIGATION IMPROVEMENT
RECITALS:
WHEREAS, by Resolution 2020-014 the Mayor and Town Council of the Town of Fountain Hills
(the “Town”) approved an Intergovernmental Agreement with the Flood Control District of
Maricopa County (the “District”) relating to design, rights-of-way, acquisition, utility relocations,
construction, construction management, and operations and maintenance of the Golden Eagle
Park Dam – Debris Mitigation Project (the “Agreement”); and
WHEREAS, the Town and the District desire to amend the Agreement to extend the completion
date.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the Town, through its Mayor and Council, hereby approves Amendment One
to the Intergovernmental Agreement (the “Agreement”), attached hereto as Exhibit A.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to cause the execution of Amendment One to 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, Maricopa
County, Arizona, this 3rd day of May, 2022.
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
RESOLUTION NO. 2022-014 PAGE 2
EXHIBIT A
AMENDMENT ONE TO THE INTERGOVERNMENTAL AGREEMENT
ITEM 8. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
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 Town Council Regular Meeting (Agenda Language): CONSIDERATION AND
POSSIBLE ACTION: Approving Professional Services Agreement 2022-071 with Shums Coda for 3rd
party plan review and inspection services for Phases II and III of Park Place.
Staff Summary (Background)
On December 22, 2021, the Town released a Request for Qualifications (RFQ) for plan review and
inspection services. Four firms provided responses. The proposals were reviewed by a three member
staff committee from Development Services and Engineering. The firm of Shums Coda was selected as
the best qualified vendor to provide these services. Town staff will provide the Planning review of the
construction documents.
The purpose of the solicitation was to secure a firm that can provide building plan review and inspection
services for Phases II and III of Park Place. These are large, complex buildings which would take a lot of
staff time to review. By hiring a third party to provide these services staff will be able to continue
handling the regular plan reviews and inspections.
The Development Agreement for Park Place anticipates using a third party plan review and inspection
service; this was done with Phase I. The contractor for the development will pay the standard building
permit fee. The Town will use the revenues received from the building permit to pay the consultant.
Should the costs of the consultant exceed the building permit fee, the contractor will be billed for the
additional amount.
The Building Official will oversee the document review and inspections process. The Town will issue the
building permit and provide the final approval for the certificate of occupancy.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
The Town has determined that using a third party service for the plan review and inspections of this
The Town has determined that using a third party service for the plan review and inspections of this
development will provide hight quality plan review while allowing staff to continue the review and
inspection processes with other applications.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Professional Services Agreement 2022-071
SUGGESTED MOTION
MOVE to approve Professional Services Agreement 2022-071 with Shums Coda.
Attachments
Contract
Exhibit A - Proposal
Exhibit B - Scope
Exhibit C - Fee Schedule
Exhibit D - Work Order
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 04/21/2022 09:40 AM
Form Started By: John Wesley Started On: 02/23/2022 07:23 AM
Final Approval Date: 04/21/2022
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Contract No. 2022-071
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHUMS CODA ASSOCIATES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered upon
execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”)
and Shums Coda Associates, Inc., a(n) California corporation (the “Consultant”).
RECITALS
A. The Town issued a Request for Qualifications, RFQ No. 2021-RFQ-008 (the
“RFQ”), a copy of which is on file with the Town and incorporated herein by reference, seeking
proposals from vendors interested in providing professional services consisting of Plan Review
and Building Inspection Service (the “Services”).
B. The Vendor responded to the RFQ by submitting a statement of qualifications (the
“Proposal”), attached hereto as Exhibit A and incorporated herein by reference.
C. The Town desires to engage the Consultant to provide Plan Review and Building
Inspection Services (the “Services”).
D. The Town desires to enter into an Agreement with the Consultant to perform the
Services, more particularly set forth in Section 2 below.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Consultant hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective upon execution and shall
remain in full force and effect until April 1, 2023 (the “Initial Term”), unless terminated as
otherwise provided in this Agreement.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement
for Services (attached hereto as Exhibit B) as previously set forth herein. Services shall only be
provided when the Town identifies a need and proper authorization and documentation have been
approved. For project(s) determined by the Town to be appropriate for this Agreement, the
Consultant shall provide the Services to the Town on an as-required basis relating to the specific
Services as may be agreed upon between the parties in writing, in the form of a written
acknowledgment between the parties describing the Services to be provided (each, a “Work
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Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form
provided and approved by the Town for the Services, (ii) contain a reference to this Agreement
and (iii) be attached to hereto as Exhibit D and incorporated herein by reference. By signing this
Agreement, Consultant acknowledges and agrees that Work Order(s) containing unauthorized
exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other
than Town's project-specific requirements, are hereby expressly declared void and shall be of no
force and effect. The Town does not guarantee any minimum or maximum amount of Services
will be requested under this Agreement.
3. Compensation. The Town shall pay the Consultant at the rates set forth in the Fee Proposal
attached hereto as Exhibit C and incorporated herein by reference. The Developer shall pay any
cost exceeding Building Permit Fee amount, plus a 20% Administrative Fee, as invoiced by the
Town.
4. Payments. The Town shall pay the Consultant monthly (and the Consultant shall invoice
the Town monthly), based upon work performed and completed to date, and upon submission and
approval of invoices. All invoices shall document and itemize all work completed to date. Each
invoice statement shall include a record of time expended and work performed in sufficient detail
to justify payment. This Agreement must be referenced on all invoices. The Town shall: invoice
the Developer monthly and the Developer shall pay the Town, in accordance with this Agreement
and with Section 6.2(D) of that certain Development Agreement entered into between the Town
and the Developer dated June 16, 2016, within 30 days of receipt for Consultant work to continue.
The Developer shall pay the Town an additional fee of 1% on outstanding balances over 30
calendar days past due; past due balances will also result in all inspection work ceasing until all
outstanding balances are paid.
5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town.
6. Vendor Personnel. Consultant shall provide adequate, experienced personnel,
capable of and devoted to the successful performance of the Services under this Agreement.
Consultant agrees to assign specific individuals to key positions. If deemed qualified, the
Consultant is encouraged to hire Town residents to fill vacant positions at all levels. Consultant
agrees that, upon commencement of the Services to be performed under this Agreement, key
personnel shall not be removed or replaced without prior written notice to the Town. If key
personnel are not available to perform the Services for a continuous period exceeding 30 calendar
days, or are expected to devote substantially less effort to the Services than initially anticipated,
Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the
Town, replace such personnel with personnel possessing substantially equal ability and
qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by
the Town at reasonable times during Consultant’s performance. The Consultant shall provide and
maintain a self-inspection system that is acceptable to the Town.
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8. Licenses; Materials. Consultant shall maintain in current status all federal, state
and local licenses and permits required for the operation of the business conducted by the Vendor.
The Town has no obligation to provide Consultant, its employees or subcontractors any business
registrations or licenses required to perform the specific services set forth in this Agreement. The
Town has no obligation to provide tools, equipment or material to Consultant.
9. Performance Warranty. Consultant warrants that the Services rendered will
conform to the requirements of this Agreement and with the care and skill ordinarily used by
members of the same profession practicing under similar circumstances at the same time and in
the same locality.
10. Indemnification. To the fullest extent permitted by law, the Consultant shall
indemnify, defend and hold harmless the Town and each council member, officer, employee or
agent thereof (the Town and any such person being herein called an “Indemnified Party”), for,
from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but
not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to
which any such Indemnified Party may become subject, under any theory of liability whatsoever
(“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are
caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions,
breach of contract, in connection with the work or services of the Consultant, its officers,
employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount
and type of insurance coverage requirements set forth below will in no way be construed as limiting
the scope of the indemnity in this Section.
11. Insurance.
11.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Consultant, Consultant shall purchase and maintain, at its own expense,
hereinafter stipulated minimum insurance with insurance companies authorized to do
business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with
an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town.
Failure to maintain insurance as specified herein may result in termination of this
Agreement at the Town’s option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Consultant. The Town reserves the right to review any and all of the insurance policies
and/or endorsements cited in this Agreement but has no obligation to do so. Failure to
demand such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Consultant from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance
at all times during the performance of this Agreement.
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C. Additional Insured. All insurance coverage, except Workers’
Compensation insurance and Professional Liability insurance, if applicable, shall name, to
the fullest extent permitted by law for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees as Additional Insured as specified under the respective coverage sections of this
Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
E. Primary Insurance. Consultant’s insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the Town
as an Additional Insured.
F. Claims Made. In the event any insurance policies required by this
Agreement are written on a “claims made” basis, coverage shall extend, either by keeping
coverage in force or purchasing an extended reporting option, for three years past
completion and acceptance of the services. Such continuing coverage shall be evidenced
by submission of annual Certificates of Insurance citing applicable coverage is in force and
contains the provisions as required herein for the three-year period.
G. Waiver. All policies, except for Professional Liability, including
Workers’ Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Consultant. Consultant
shall arrange to have such subrogation waivers incorporated into each policy via formal
written endorsement thereto.
H. Policy Deductibles and/or Self-Insured Retentions. The policies set
forth in these requirements may provide coverage that contains deductibles or self-insured
retention amounts. Such deductibles or self-insured retention shall not be applicable with
respect to the policy limits provided to the Town. Consultant shall be solely responsible
for any such deductible or self-insured retention amount.
I. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Consultant shall execute written agreements with its
subcontractors containing the indemnification provisions set forth in this Agreement and
insurance requirements set forth herein protecting the Town and Consultant. Consultant
shall be responsible for executing any agreements with its subcontractors and obtaining
certificates of insurance verifying the insurance requirements.
J. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Consultant will provide the Town with suitable evidence of
insurance in the form of certificates of insurance and a copy of the declaration page(s) of
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the insurance policies as required by this Agreement, issued by Consultant’s insurance
insurer(s) as evidence that policies are placed with acceptable insurers as specified herein
and provide the required coverages, conditions and limits of coverage specified in this
Agreement and that such coverage and provisions are in full force and effect. Confidential
information such as the policy premium may be redacted from the declaration page(s) of
each insurance policy, provided that such redactions do not alter any of the information
required by this Agreement. The Town shall reasonably rely upon the certificates of
insurance and declaration page(s) of the insurance policies as evidence of coverage but
such acceptance and reliance shall not waive or alter in any way the insurance requirements
or obligations of this Agreement. If any of the policies required by this Agreement expire
during the life of this Agreement, it shall be Consultant’s responsibility to forward renewal
certificates and declaration page(s) to the Town 30 days prior to the expiration date. All
certificates of insurance and declarations required by this Agreement shall be identified by
referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall
be assessed for all certificates or declarations received without the appropriate RFP number
and title or a reference to this Agreement, as applicable. Additionally, certificates of
insurance and declaration page(s) of the insurance policies submitted without referencing
the appropriate RFP number and title or a reference to this Agreement, as applicable, will
be subject to rejection and may be returned or discarded. Certificates of insurance and
declaration page(s) shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability – Under Insurance
Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
(b) Auto Liability – Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability – Follow Form to underlying
insurance.
(2) Consultant’s insurance shall be primary insurance with
respect to performance of this Agreement.
(3) All policies, except for Professional Liability, including
Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising out
of work or services performed by Consultant under this Agreement.
(4) ACORD certificate of insurance form 25 (2014/01) is
preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases
in the cancellation provision “endeavor to” and “but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its
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agents or representatives” shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted.
11.2 Required Insurance Coverage.
A. Commercial General Liability. Consultant shall maintain
“occurrence” form Commercial General Liability insurance with an unimpaired limit of
not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed
Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall
cover liability arising from premises, operations, independent contractors, products-
completed operations, personal injury and advertising injury. Coverage under the policy
will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including
but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for
claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, officials and employees shall be cited as an Additional Insured
under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10
03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include
as an insured the person or organization shown in the Schedule, but only with respect to
liability arising out of “your work” for that insured by or for you.” If any Excess insurance
is utilized to fulfill the requirements of this subsection, such Excess insurance shall be
“follow form” equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Consultant shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned,
hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work
or services under this Agreement. Coverage will be at least as broad as ISO coverage code
“1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent
allowed by law, for claims arising out of the performance of this Agreement, the Town, its
agents, representatives, officers, directors, officials and employees shall be cited as an
Additional Insured under ISO Business Auto policy Designated Insured Endorsement form
CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of
this subsection, such Excess insurance shall be “follow form” equal or broader in coverage
scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Consultant engages in any professional services or
work in any way related to performing the work under this Agreement, the Consultant shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the Services performed by the Consultant, or anyone employed by the Consultant,
or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
D. Workers’ Compensation Insurance. Consultant shall maintain
Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction over Consultant’s employees engaged in the performance of
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work or services under this Agreement and shall also maintain Employers Liability
Insurance of not less than $500,000 for each accident, $500,000 disease for each employee
and $1,000,000 disease policy limit.
11.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
12. Termination; Cancellation.
12.1 For Town’s Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Vendor of written notice by
the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services
performed to the termination date.
12.2 For Cause. If either party fails to perform any obligation pursuant to this
Agreement and such party fails to cure its nonperformance within 30 days after notice of
nonperformance is given by the non-defaulting party, such party will be in default. In the event of
such default, the non-defaulting party may terminate this Agreement immediately for cause and
will have all remedies that are available to it at law or in equity including, without limitation, the
remedy of specific performance. If the nature of the defaulting party’s nonperformance is such
that it cannot reasonably be cured within 30 days, then the defaulting party will have such
additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B)
commences to cure its nonperformance and thereafter diligently continues to completion the cure
of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such
termination for cause, payment shall be made by the Town to the Consultant for the undisputed
portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days’ written notice to Consultant in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by the
Town to the Consultant for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations
by the Town or any of its departments or agencies if any person significantly involved in initiating,
negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its
departments or agencies is, at any time while this Agreement or any extension of this Agreement
is in effect, an employee of any other party to this Agreement in any capacity or a Consultant to
any other party of this Agreement with respect to the subject matter of this Agreement.
12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any
agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose
of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
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provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and
withhold from the Vendor an amount equal to 150% of the gratuity.
12.6 Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this
Agreement for payment of funds by the Town shall be effective when funds are appropriated for
purposes of this Agreement and are actually available for payment. The Town shall be the sole
judge and authority in determining the availability of funds under this Agreement and the Town
shall keep the Consultant fully informed as to the availability of funds for this Agreement. The
obligation of the Town to make any payment pursuant to this Agreement is a current expense of
the Town, payable exclusively from such annual appropriations, and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then-current fiscal year and the Town and the Consultant
shall be relieved of any subsequent obligation under this Agreement.
13. Miscellaneous.
13.1 Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the
other. An employee or agent of one party shall not be deemed or construed to be the employee or
agent of the other for any purpose whatsoever. The Consultant acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Consultant, its employees and subcontractors are not entitled
to workers’ compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Vendor, its employees or subcontractors. The Consultant,
and not the Town, shall determine the time of its performance of the services provided under this
Agreement so long as Consultant meets the requirements as agreed in Section 2 above and in
Exhibit A. Consultant is neither prohibited from entering into other contracts nor prohibited from
practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine
business operations under this Agreement.
13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona.
13.3 Laws and Regulations. Consultant shall keep fully informed and shall at all
times during the performance of its duties under this Agreement ensure that it and any person for
whom the Consultant is responsible abides by, and remains in compliance with, all rules,
regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the
following: (A) existing and future Town and County ordinances and regulations; (B) existing and
future State and Federal laws; and (C) existing and future Occupational Safety and Health
Administration standards.
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13.4 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Consultant.
13.5 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party, this Agreement will promptly be physically
amended to make such insertion or correction.
13.6 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of this Agreement which may remain in effect without
the invalid provision or application.
13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter, and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain meaning,
and no presumption shall be deemed to apply in favor of, or against the party drafting this
Agreement. The parties acknowledge and agree that each has had the opportunity to seek and
utilize legal counsel in the drafting of, review of, and entry into this Agreement.
13.8 Assignment; Delegation. No right or interest in this Agreement shall be
assigned or delegated by Consultant without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Consultant in violation of this
provision shall be a breach of this Agreement by Consultant.
13.9 Subcontracts. No subcontract shall be entered into by the Consultant with
any other party to furnish any of the material or services specified herein without the prior written
approval of the Town. The Consultant is responsible for performance under this Agreement
whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant
to any subcontract shall be a material breach of this Agreement by Consultant.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the
Town’s acceptance of and payment for services, shall not release the Consultant from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
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13.11 Attorneys’ Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall
be deemed to have accrued on the commencement of such action and shall be enforced whether or
not such action is prosecuted through judgment.
13.12 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.13 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Consultant any amounts Consultant
owes to the Town for damages resulting from breach or deficiencies in performance or
breach of any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from any
money due to the Consultant any amounts Consultant owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
13.14 Notices and Requests. Any notice or other communication required or
permitted to be given under this Agreement shall be in writing and shall be deemed to have been
duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S.
Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to
a recognized and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Az. 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Az. 85268
Attn: Aaron D. Arnson, Town Attorney
If to Consultant: Shums Coda Associates, Inc.
5776 Stoneridge Mall Rd., Suite 150
Pleasanton, Ca. 94588
Attn: Christine Godinez
If to Developer: N-Shea Group, LLC
14555 N. Scottsdale Rd., Suite 240
Scottsdale, Az. 85254
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Attn: Bart M. Shea
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
13.15 Confidentiality of Records. The Consultant shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Vendor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Consultant also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Consultant as needed for the performance of duties under this Agreement.
13.16 Records and Audit Rights. To ensure that the Consultant and its
subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its
subcontractor’s books, records, correspondence, accounting procedures and practices, and any
other supporting evidence relating to this Agreement, including the papers of any Consultant and
its subcontractors’ employees who perform any work or services pursuant to this Agreement (all
of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to
audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit (A) evaluation and verification of any invoices, payments or claims based on
Consultant’s and its subcontractors’ actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this Agreement
and (B) evaluation of the Consultant’s and its subcontractors’ compliance with the Arizona
employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the
Town to audit Records as set forth in this subsection, Consultant and its subcontractors hereby
waive any rights to keep such Records confidential. For the purpose of evaluating or verifying
such actual or claimed costs or units expended, the Town shall have access to said Records, even
if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration
of the work and until three years after the date of final payment by the Town to Vendor pursuant
to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and
appropriate workspace so that the Town can conduct audits in compliance with the provisions of
this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice
of intended audits. Consultant shall require its subcontractors to comply with the provisions of
this subsection by insertion of the requirements hereof in any subcontract pursuant to this
Agreement.
12
13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. §
41-4401, the Consultant and its subcontractors warrant compliance with all federal immigration
laws and regulations that relate to their employees and their compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Consultant’s or its subcontractors’ failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result in
the termination of this Agreement by the Town.
13.18 Israel. Consultant certifies that it is not currently engaged in, and agrees for
the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in
ARIZ. REV. STAT. § 35-393, of Israel.
13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity
among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the
documents shall govern in the order listed herein.
13.20 Non-Exclusive Contract. This Agreement is entered into with the
understanding and agreement that it is for the sole convenience of the Town. The Town reserves
the right to obtain like goods and services from another source when necessary.
[SIGNATURES ON FOLLOWING PAGES]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
Grady E. Miller, Town Manager
ATTEST:
Elizabeth A. Klein, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGES]
“Contractor”
,
By:
Name:
Title:
“Developer”,
Agrees to Section 3, “Compensation”, Section 4, “Payments” above, and Exhibit B, Section 2,
“Payment Structure”
,
By:
Name:
Title:
EXHIBIT A
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHUMS CODA ASSOCIATES, INC.
[Consultant’s Proposal]
See following pages.
Town of Fountain Hills
Admin-Procurement
Robert Durham, Procurement Officer
16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268
PROPOSAL DOCUMENT REPORT
RFQ No. 2021-RFQ-008
Plan Check/Building Inspection Services
RESPONSE DEADLINE: January 25, 2022 at 5:00 pm
Report Generated: Wednesday, February 16, 2022
Shums Coda Associates Proposal
CONTACT INFORMATION
Company:
Shums Coda Associates
Email:
marketing@shumscoda.com
Contact:
Christine Godinez
Address:
5776 Stoneridge Mall Road, Suite 150
Pleasanton, CA 94588
Phone:
N/A
Website:
www.shumscoda.com
Submission Date:
Jan 25, 2022 1:43 PM
PROPOSAL DOCUMENT REPORT
RFQ No. 2021-RFQ-008
Plan Check/Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Qualifications - Plan Check/Building Inspection Services
Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. Certification
By confirming questions under this section, the Vendor certifies:
NO COLLUSION*
The submission of the SOQ did not involve collusion or other anti-competitive practices.
Confirmed
NO DISCRIMINATION*
It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246.
Confirmed
NO GRATUITY*
It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan,
gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted SOQ. It
(including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of
disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process
with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager,
Department Heads, and other Town staff unless such person is designated as a Town Representative. All contact must be addressed to
the Town’s Procurement Agent, except for questions submitted as set forth in RFQ Submission Process section Inquiries. Any attempt
to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement.
PROPOSAL DOCUMENT REPORT
RFQ No. 2021-RFQ-008
Plan Check/Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Qualifications - Plan Check/Building Inspection Services
Page 3
Confirmed
FINANCIAL STABILITY*
It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting
from an award of the Agreement.
Confirmed
NO SIGNATURE/FALSE OR MISLEADING STATEMENT*
The signature on the cover letter of the SOQ and the Vendor Information Form is genuine and the person signing has the authority to
bind the Vendor. Failure to sign the SOQ and the Vendor Information Form, or signing either with a false or misleading statement,
shall void the submitted SOQ and any resulting Agreement.
Confirmed
PROFESSIONAL SERVICES AGREEMENT*
In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services
Agreement including the Scope of Work and other Exhibits.
Confirmed
REFERENCE CHECKS*
References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes
the Town’s representative to verify all information from these references and releases all those concerned from any liability in
connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being c onsidered
non-responsive.
Confirmed
PROPOSAL DOCUMENT REPORT
RFQ No. 2021-RFQ-008
Plan Check/Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Qualifications - Plan Check/Building Inspection Services
Page 4
2. Vendor Proposal
GENERAL INFORMATION*
A. One page cover letter as described in the section titled "RFQ Submission Process ", the subsection titled "Required Submittal".
B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address,
identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole
proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under
this section for each member. If a limited liability company, provide the name of the member or members authorized to act on
the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the
corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of
the person to contact concerning the SOQ.
C. Identify the location of the Vendor’s principal office and the local work office, if different from the principal office.
D. Provide a general description of the Vendor that is proposing to provide the Services, including years in business.
E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that has been terminated within the last five
years. Briefly describe the circumstances and the outcome.
F. Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. Briefly describe the
circumstances and the outcome.
SCA_FountainHills_Proposal.pdf
EXPERIENCE AND QUALIFICATIONS OF THE VENDOR*
Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other e ntities of a similar
size to the Town, specifically relating experience with respect to plan checks/building inspections.
A. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose
of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and
“similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you
successfully completed a similar project. This list shall include, at a minimum, the following information:
PROPOSAL DOCUMENT REPORT
RFQ No. 2021-RFQ-008
Plan Check/Building Inspection Services
PROPOSAL DOCUMENT REPORT
Request for Qualifications - Plan Check/Building Inspection Services
Page 5
1. Name of company or organization.
2. Contact name.
3. Contact address, telephone number and e-mail address.
4. Type of services provided.
5. Dates of contract initiation and expiration.
SCA_FountainHills_Proposal.pdf
KEY POSITIONS*
A. Identify each key personnel member that will render services to the Town including title and relevant experience required,
including the proposed Project Manager and Project Engineer.
B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of
what their role will be in providing services to the Town.
C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for
providing supervision must be included.
D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in
this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward
the Proposal page limit. However, each resume shall not exceed two pages in length.
SCA_FountainHills_Proposal.pdf
PROVIDE DOCUMENTATION ON EACH PLAN REVIEW AND INSPECTOR SHOWING CERTIFICATIONS FOR AREAS OF RESPONSIBILITY*
SCA_FountainHills_Proposal.pdf
PROJECTED REVIEW TIME NECESSARY TO COMPLETE PROJECT REVIEW?*
Information provided in SOQ file
The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services
0
Table of Contents
Cover Letter .................................................................................................................................................. 1
General Information ................................................................................................................................. 2 - 3
Experience and Qualifications ................................................................................................................. 4 - 5
Key Positions ................................................................................................................................................ 6
Project Review Timeline ............................................................................................................................... 7
Certifications ............................................................................................................................................ 8 - 9
Appendix .............................................................................................................................................. 10 - 31
The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services
1
Cover Letter
December 30th, 2021
Rob Durham
Procurement Administrator
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services
Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection
Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that
Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be
required to successfully provide these “as-needed” services to the Town of Fountain Hills.
We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our
firm continually receives exceptional reviews from our jurisdictional clients, as well as design
professionals, developers and contractors from all size projects and varying complexities. Positive
interactions related to our work product is centered in our desire to be more than a mere consultant plan
review, inspection, and permit processing firm, but rather a contributing partner, functioning as an
extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget,
and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those
efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects
outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond
technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums
being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in
overall projects under review or inspection. The following SOQ will highlight key features and
distinguishing points of the SCA team that will assist in this undertaking.
SCA was founded on the principal of assisting our municipal partners with staff augmentation and
developmental services related to construction review, permitting, inspections and documentation
procedures. SCA is committed and ready to provide you with the same care and standard of technical
excellence that has been the hallmark of our work since our inception. We intend to provide primary
services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ
85395, with additional support staff being provided from our headquarters and other regional offices.
If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of
Fountain Hills’s management team to determine the proper members of our staff needed to complete the
services outlined in the RFQ. We will perform the services and adhere to the requirements described in
this RFQ. Our team looks forward to answering any additional questions you may have about our firm
after you have reviewed this response to the request for qualifications.
Sincerely,
David Basinger, Architect Christine Godinez
Principal/President/CEO COO/Secretary
david.basinger@shumscoda.com christine.godinez@shumscoda.com
(925) 413-5626 (Cell) (925) 463-0651 (Main Line)
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
2
General Information
Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20-
4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite
150, Pleasanton, CA 94588. We have additional offices at the following locations:
• Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395
• Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621
• Southern California - 5208 Weymouth Way, Oceanside, CA 92057
• Northern Utah - 5782 South 920 East, Murray, UT 84121
• Southern Utah - 2284 East 3400 South Street, St. George, UT 84790
• Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117
• Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237
The following corporate officers are authorized to make these representations on behalf of Shums Coda
Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical
address above):
• David Basinger, Principal/President/CEO (Arizona licensed Architect #57859)
david.basinger@shumscoda.com
(925) 413-5626 (Cell)
• Christine Godinez, COO/Secretary
christine.godinez@shumscoda.com
(925) 463-0651 (Main Line)
Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed
building professionals with multiple decades of municipal consulting experience. Our core services are
building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional
clients. We review and inspect all facets of design construction related to code minimums and local
amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical,
electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction
documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced,
knowledgeable team with a proven track record of outstanding service. In providing these services, our
priority is to be a seamless extension of your staff. We therefore commit to being available for code
consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the
utilization of focused staff augmentation.
We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a
wealth of code knowledge and experience in design or construction related fields. SCA believes that an
understanding of how buildings are designed and constructed is an important element to providing
effective code comments that are based on the realities of practical construction. SCA preaches this to our
staff and encourages continuing education to maintain our understanding of the ever-changing code
requirements and amendments. We have seen there can be a great deal of interpretation applied to how
requirements are enforced, so SCA staff continues to find value in learning the history and intent of code
language to assist with accurately applying it to our review and inspections (with final determinations
clearly coming from the Town staff).
Shums Coda Associates takes this commitment to code content further, as we continue to expand our
involvement in various code training and education offerings. For example, SCA continues to participate
in the AZBO Education Board and training and provide similar roles and leadership to the Southern
Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley
Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
3
General Information
also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas,
who provides national education and training offerings throughout the United States. This demonstrates
SCA’s commitment to knowledge through education with all things related to the model Building Codes.
Our belief is that code should be understood by our staff to a level where they can explain to our clients
(and their applicants), as well as the how and why it applies to their specific project. We strive to meet this
level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve
that code understanding internally with our staff and the industry.
With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las
Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred
employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined
in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the
Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects
from any of our offices. This will mean that we can provide even greater degree of expertise for unusual
systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability
reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed
on timelines established by the Town. We have been providing electronic plan reviews for many years
now, and are comfortable with reviewing plans under several formats. We have also provided inspection
services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired
by the Town. SCA looks forward to continuing that discussion related to software, hardware and process
the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ.
Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing
or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed
by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and
communicating directly, using the most advantageous media available, to resolve issues. Similarly, we
encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for
specific correction items. In today’s development climate a brief phone call, or a thirty-minute online
meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We
understand that there can be limitations in the applicant’s technology or jurisdictional inter-department
review process, which sometimes prohibit these methods from being implemented with every project. With
either approach being implemented, SCA understands and intends to route all communication/comment
letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and
approved documents shall be returned to the Town after the plan review or inspection process is completed,
and input into the tracking software as directed by Fountain Hills staff.
This should demonstrate Shums Coda Associates experience with the plan review and inspection services
outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any
sub-consultants to complete these services, and do not anticipate using any for the services requested.
We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract
terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration
since our inception as a corporation.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
4
Experience and Qualifications
Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions
in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the
instructions provided, we provide the following three jurisdictions that examples of municipalities similar
in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested
(although Casa Grande demonstrates the versatility of our team to review large-scale projects in
predominately residential/commercial retail City):
Project Name
Buckeye – plan review and inspection services
Name of Company or
Organization
City of Buckeye
Contact Name
Mike Izzo, CBO
Contact address, Telephone
Number and Email
530 E. Monroe Ave., Buckeye, AZ 85326
(623) 349-6200 (main)
mizzo@buckeyeaz.gov
Type of Service Provided
Residential, commercial, industrial and educational plan reviews
and inspection services, with some fire reviews, and providing an
Acting Building Official
Date of Contract initiation and
expiration
2017 – present
Description of Project. Provided Acting Building Official, that was eventually hired as
current CBO; provided plan review and inspection services during
the period were Buckeye was the second fastest growing
jurisdiction in the US. Significant project plan reviews set-up to
hold meetings with applicants to explain comments and provide
additional directions to approve larger plan reviews in two cycles.
More significant projects are FiveBelow and Ross distribution
centers, three new school projects, APS West Valley facilities and
new City Police Training Facility.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
5
Experience and Qualifications
Project Name
Cherry Hills Village – plan review and inspection services
Name of Company or
Organization
Cherry Hills Village
Contact Name
Paul Workman, Planning Manager
Contact address, Telephone
Number and Email
2450 E. Quincy Ave., Cherry Hills Village, CO 80113
(303) 783-2721
pworkman@cherryhillsvillage.com
Type of Service Provided
Building plan review and inspection services
Date of Contract initiation and
expiration
1994 – 2019 (as Colorado Code Consulting), and 2019 – present
(recently renewed under SCA)
Description of Project. Provide large-scale residential plan review and inspections for a
predominantly residential community of custom homes (usually
over 5,000-sq. ft. in size).
Project Name
Casa Grande - Lucid Electric Car Manufacturing Facility Plan
Review (Phases 1 and 2)
Name of Company or
Organization
City of Casa Grande
Contact Name
Brian Tardif, CBO
Contact address, Telephone
Number and Email
510 E. Florence Blvd., Casa Grande, AZ 85122
(520) 421-8630 (main)
Brian_Tardif@casagrandeaz.gov
Type of Service Provided
Building and Fire Plan Review
Date of Contract initiation and
expiration
2019 – expected to continue to completion of project sometime in
2023
Description of Project. +3 million sq. ft. of new auto manufacturing, offices,
café/break/conference and hazardous materials, as well as site
development, fire sprinkler and alarm reviews, with AMMR’s and
weekly review meetings with City, contractors and design team to
streamline reviews and assure complete re-submittals.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
6
Key Positions
SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona
Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project
Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David
Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance
(as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows:
A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner
managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney
and Myron Williams as additional review team members for Fountain Hills, as they have all provided
extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time
employees of SCA.
B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively
available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily
utilize our systems specific plan review team for additional plan review support. Therefore, David
Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van
Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller
to assist with energy compliance issues. Finally, we have a large structural engineering team to assist
on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan
check staff of Su Fong, Mariam Umair or Ryan Loh.
C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ.
D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the
Fountain Hills work. We have not designated a specific inspector currently for these services, as we
would need to discuss number of inspection hours needed for the services, and what would be
considered appropriate certification and experience for our inspection team. SCA would then select
from our local team the personnel that we believe would be a good fit for inspections, and anticipate an
interview from Town staff prior to assigning them to complete the work. It is our belief that working
within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will
interact with, prior to ever completing an inspection.
Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one
business day from the time we receive the request. We believe in being service oriented and not the building
police. We will work with the contractors and homeowners to bring a building into compliance with the
applicable code whenever we can. It is our philosophy that inspections are educational opportunities to
explain the purpose of the code and why certain things are required by the code. We will spend additional
time explaining the purpose of a code requirement whenever necessary.
Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in
the field. It is important the lines of communication are maintained open. We want to do whatever we can
to ensure safe buildings while helping to get project completed on time and under budget. We pride
ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the
intent of the code.
SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment
process to evaluate the habitability of a structure. We will post the property with the appropriate placard to
indicate whether the building can be occupied or not.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
7
Project Review Timeline
SCA’s plan review reports will reference sheets and code sections that are applicable form each comment.
We would typically email the electronic reviews to the Town for distribution to the applicant, but we can
also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same
electronic list of items needing correction. Our comment lists should be self-explanatory, but our review
team will remain available during working hours (and often off-hours) to provide any additional
clarification/discussion needed of the applicable building code section, ordinances, or regulation.
We will provide a similar list at each cycle of the review process, but typically most reviews are resolved
in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review
remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills
staff to discuss the overall items of concern and look for direction on any alternative methods to keep the
project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online
video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the
applicant – hopefully to assist in receiving a more complete resubmittal with the next review.
With each review cycle, SCA will provide a cover letter/transmittal that includes the following information:
• The address, Town permit number, description, use, and type of construction.
• A list of all plans and documents received for review and the associated dates they were received.
Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans
and the supporting documents and return them to the Town, along with our letter of completion. It should
be noted that our approval stamp can be modified to suit the desired information needed by the Town of
Fountain Hills.
Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize
the Bluebeam product for our reviews but can provide our review comments on any of the other comparable
platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to
the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be
received. However, it should be noted that SCA can also review paper plans when submitted. In those
instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed).
Type of Plan Review Timeframes
Initial Review Recheck
Single-Family 7-10 business days 5 business days
Multi-Family 10-15 business days* 5 business days
Commercial 10-15 business days* 7 business days*
* Some project may require additional time because of size or complexity of the project; SCA would
reserve the right to review those projects under a longer schedule when mutually agreed upon with the
Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be
able to customize our services to fit the Town’s needs and could potentially expedite reviews when
requested.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
8
Certifications
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
9
Certifications
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
10
Appendix
David Basinger, Architect
Principal / CEO
Education
Bachelor of Architecture (with an
emphasis on urban
redevelopment), California
Polytechnic State University at San
Luis Obispo
Licenses & Certifications
Registered Architect, State of
California, License No. C25605
Registered Architect, State of
Arizona, Registration No. 57859
Registered Architect, State of
Nevada, License No. 7116
Registered Architect, State of Utah,
License No. 10180242-0301
Registered Architect, State of
Colorado, License No. 406323
Registered Architect, State of Hawaii,
License No. 17696
Registered Architect, State of
Washington, License No. 12600
NCARB Certified, No. 77371
ICC Building Plans Examiner
Memberships
A.I.A. Member
PROFFESSIONAL SUMMARY
David Basinger is a licensed Architect in multiple States and is the original
founder of Shums Coda Associates in 2006. David has over 30 years of
professional experience associated with architectural design and as a building
code and life-safety plans examiner.
PROFESSIONAL EXPERIENCE
Principal/ CEO ------------------------------------------------------ 2006 - Present
Shums Coda Associates, Pleasanton, CA
Manages plan review, inspections and permitting services for numerous
complex commercial, industrial, educational, medical, hazardous and a
variety of multi-family residential construction projects. David has served as
Acting Building Official or provided in-house plan review services for
numerous jurisdictions in California, such as Mountain View, Fremont, Santa
Clara, Sunnyvale, Menlo Park, Dublin, and Danville.
Arizona Regional Office Manager --------------------------------- 2004 - 2006
Linhart Petersen Powers Associates, Phoenix, AZ
Promoted to establish and serve as Arizona Regional Manager of the three
separate company offices in Arizona: Phoenix, Tucson, and Window Rock.
Provided assistance with large-scale plan review and inspection services,
jurisdiction counter reviews and assistance, and special projects supervisor.
Influential in taking the Arizona effort from a single client to over two dozen
clients in a two-year period, managing eleven employees and three business
lines.
Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004
Linhart Petersen Powers Associates, Phoenix, AZ
Provided plan reviews, and jurisdictional in-house/counter reviews and
technical assistance for projects in California, Arizona, Nevada, Washington,
and Idaho. Managed several large-scale developments as a project
supervisor, and often provide code consultations for complex mixed-
use/redevelopment or historical submittals. Served as primary manager for
the jurisdictions of Mountain View, Danville and Dublin, California. Projects
reviewed include campus designs for Microsoft, Veritas, Google, Alza
Pharmaceuticals and other high-tech or bio-tech related businesses, as well
as several mid-rise or high-rise multi-family complexes.
Architect ----------------------------------------------------------------- 1989 - 1991
Linhart Engineering, Livermore, CA
Completed architectural and structural engineering design for residential,
commercial, and light industrial structures in the San Francisco Bay Area.
Duties included design, drafting, structural calculations, building surveys,
jobsite visits and structural reviews. Also performed field assessments of
URM structures and equipment anchorage calculations for pumps, racks, and
tanks.
Shums Coda Associates
Building Life-Safety Plan Review and
Inspection
Permit Technician Services
Building Department Augmentation
Fire Protection Engineering
Civil Engineering
Follow SCA on LinkedIn
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Russell Adams, CBO
Plans Examiner
Building Inspector
Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007
Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program
Coordinator • California Office of Emergency Services: Safety Assessment Program
Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Troy Alvord
Building Inspector
Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Richard Ames, CBO
Plans Examiner
Building Inspector
Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo
Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Herman “Gene” Ashdown, CBO
Senior Building Inspector
Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University,
Sacramento, 1978- 1981
Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector
Alberto Barrios Marquez, PE
MEP Plans Examiner
Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL.,
Jalisco, México, 1999
Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner
Cedar Brannon
Building Inspector
Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000
Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector
John Henry Brannon
Building Inspector
Education • Associate of Science, Computer Science, Dixie College, St George, Utah
Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jason Bullock
Utah Regional Manager
Education • B.S., Business Administration, University of Phoenix, 1999
Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector
Corey Bundy, CBO
Building Inspector
Plans Examiner
Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure
Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector
Randall “Randy” Capra, FPE
Fire Code Plans Examiner
Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO,
2006
Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National
Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout –
NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions
Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water-
Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Erin Carroll, EIT
Plan Check Engineer
Education • B.S, Industrial Engineering, Clemson University, Clemson, SC
Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013
Sheri Cerise
Fire Code Plans Examiner
Licenses & Certifications • ICC Permit Technician
Tracy Christensen
Building Inspector
Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector
William “Bill” Clayton, CBO
Plans Examiner
Building Inspector
Instructor
Code Consultant
Education • General Studies and Agriculture, Clackamas Community College, Oregon
City, OR • General Studies, Physical Education & Music, Mt. Hood Community College,
Gresham, OR
Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist
Michael “Mike” Coldiron, CBO
Senior Building Inspector
Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
James “Jim” Conway
Electrical Inspector
Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007
Licenses & Certifications • Master Electrician, Colorado License, ME 2327
Brian Cook, MCP, CBO
Plans Examiner
Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner
Justine Cornelius
Building Inspector
Plans Examiner
Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Matthew Coyle
Building Inspector
Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC
Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert.
No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete
Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector
Elvin “Chuck” DeVorss, CBO
Plans Examiner
Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska
Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Alan Ellis, CBO
Nevada Client Liaison Manager
Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977
Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire
Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist
Rouhi El-Rabaa, PE, CASp
Plan Check Engineer
Education • Bachelor’s in Civil Engineering, California State University, Los Angeles
Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner
Ali Fatapour, PE, CBO
Interim Building Official
Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose
Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner
Jeffrey Finn, SE
Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY,
1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986
Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782
Su Fong, PE
Plan Check Engineer
Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011
Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires
09/30/2022) • ICC Building Plans Examiner
William “Bill” Gardner
Elevator Inspector
Education • B.S., Business Administration – University of S. Dakota
Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Dean Gesualdo
Building Inspector
Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector
Roger Gier, CBO
Nevada Client Liaison Manager
Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001
Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector
Martin Haeberle, CBO
Senior Building Inspector
Plans Examiner
Chief Building Official
Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems -
Kansas City Technical College
Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist
Tom Haney, FPE, CBO
Plans Examiner Manager
Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Patrick Haniger
Building Inspector
Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo
Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector
Landan Hansen
Building Inspector
Plans Examiner
Education • Snow College, Ephraim Utah, 2005
Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector
Jeff Hedman, SE
Plans Check Engineer
Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University
Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203
Jody Hilton, CBO
Chief Building Official
Plans Examiner Manager
Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College
Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector
Richard “Rick” Hollander
Building Inspector
Education • IAEI Training Seminars
Licenses & Certifications • ICC Electrical Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Cody Illum
Building Inspector
Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Nicole Johnson
Permit Technician
Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California
State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received
Licenses & Certifications • ICC Permit Technician
Vincent “Vince” Juanitas
Building Inspector
Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector
Daniel “Dan” Kishpaugh
Senior Plans Examiner
Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004
Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner
Terry Knox, MBA
Director, Business Development
Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business
Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection
Awards • Helen Putnam Award for Excellence for Government Efficiency and
Responsiveness • California Building Official (CALBO) Hall of Fame
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Dean Kuenzi, CBO
Plans Examiner
Building Inspector
Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College,
Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present
(Expected 2022)
Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector
David Logsdon
Plans Examiner
Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial
Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jerry Long
Building Inspector
Plans Examiner
Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College
Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector
Xin Lui, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science,
University of Science and Technology of China
Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698
Alain Mamada, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg
Licenses & Certifications • Registered Professional Engineer State of California. No. 1935
James “Jim” McGinley
Building Inspector
Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego
State University • Construction Practices and Procedures, San Jose State University College of
Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego
State University College of Extended Studies
Licenses & Certifications • ICC Building Inspector
Kurt McMullin, PE, Ph. D
Plan Check Engineer
Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University
Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Hope Medina, CBO
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy
Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist
Russell Mora
Plans Examiner
Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector
Adam Mulford
Elevator Inspector
Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety,
Conveyance Section
Christian Ng, FPE
Fire Protection Engineer
Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD
Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132
Lisa O'Malley
Plans Examiner
Licenses & Certifications • California Building Plans Examiner
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Josephine Ortega AIA, CBO, LEED
AP
Senior Plans Examiner
Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August
1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology,
University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University
Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service,
#60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program),
Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector
Randy Pabst
Elevator Chief Inspector
Education • University of Colorado at Boulder, Bachelor of Arts, 1975
Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety
Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Lloyd Parry
Building Inspector
Education • Business Degree
Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector
Jeffrey Paterson, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis
Licenses & Certifications • CA Registered PE, No. 1926
Ed Paxton
Building Inspector
Education • Trade Teck Welding School
Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector
James “Ed” Pehrson
Plans Examiner
Building Inspector
Education • Building Inspection coursework, Davis Applied Technology Center, Utah
Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Diana Perkins, CBO
Senior Plans Examiner
Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco
Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Rosario “Russ” Perrone
Senior Building Inspector
Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector
Mark Ptashkin, CBO
Electrical Plans Examiner
Chief Building Official
Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector
Daniel “Dan” Reardon
Building Inspector
Plans Examiner
Education • BS Mathematics / Emphasis in Secondary Education, University of Northern
Colorado, 1987 – 1991
Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner
Gil Rossmiller
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner
Douglas “Doug” Rykerd
Combination Inspector
Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering,
1985 - 1987
Licenses & Certifications • ICC Commercial Building Inspector
Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector
AJ Smith
Building Inspector
Education • Master of Management/ Public Administration, University of Phoenix, May
2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern
Utah University, May 2005 • Associates of Science, Snow College, December 2002
Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
29
Appendix
Team Member/ Job Title Certification / License / Affiliations
Matt Tate
Building Inspector
Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector
Stephen “Steve” Thomas, CBO
Colorado Regional Manager
Educational Director
Instructor
Chief Building Official
Building Inspector
Plans Examiner
Education • B.S. in Business Administration - University of Phoenix - Thesis: “The
Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978
Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist
Thor Toepfer
Building Inspector
Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector
Mariam Umair, EIT
Plan Check Engineer
Education • M.S., Structural Engineering - San Jose State University Graduated: December
2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila,
Pakistan Graduated: August 2010
Licenses & Certifications • Licensed EIT
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
30
Appendix
Team Member/ Job Title Certification / License / Affiliations
Jason Van Ausdal, CBO
Building Inspector
Plans Examiner
Instructor
Education • Associates in Business Administration and Management, Stevens Henegar
Business College, 1995-1997
Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector
Christopher Vasquez
Elevator Inspector
Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983
Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368
Daniel “Dan” Weed, CBO
Chief Building Official
Building Inspector
Plans Examiner
Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California
Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector
Robert Wheeler, FPE
Fire Protection Engineer
Education • B.S. Fire Protection Engineering, University of Maryland
Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
31
Appendix
Team Member/ Job Title Certification / License / Affiliations
Heather Whitaker
Plans Examiner
Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner
Pamela “Pam” Whitaker-Sowell
Permit Technician
Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018
Licenses & Certifications • ICC Permit Technician • California State Notary
Myron Williams
Building Inspector
Plans Examiner
Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000
Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector
The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services
0
Table of Contents
Cover Letter .................................................................................................................................................. 1
General Information ................................................................................................................................. 2 - 3
Experience and Qualifications ................................................................................................................. 4 - 5
Key Positions ................................................................................................................................................ 6
Project Review Timeline ............................................................................................................................... 7
Certifications ............................................................................................................................................ 8 - 9
Appendix .............................................................................................................................................. 10 - 31
The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services
1
Cover Letter
December 30th, 2021
Rob Durham
Procurement Administrator
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services
Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection
Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that
Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be
required to successfully provide these “as-needed” services to the Town of Fountain Hills.
We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our
firm continually receives exceptional reviews from our jurisdictional clients, as well as design
professionals, developers and contractors from all size projects and varying complexities. Positive
interactions related to our work product is centered in our desire to be more than a mere consultant plan
review, inspection, and permit processing firm, but rather a contributing partner, functioning as an
extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget,
and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those
efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects
outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond
technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums
being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in
overall projects under review or inspection. The following SOQ will highlight key features and
distinguishing points of the SCA team that will assist in this undertaking.
SCA was founded on the principal of assisting our municipal partners with staff augmentation and
developmental services related to construction review, permitting, inspections and documentation
procedures. SCA is committed and ready to provide you with the same care and standard of technical
excellence that has been the hallmark of our work since our inception. We intend to provide primary
services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ
85395, with additional support staff being provided from our headquarters and other regional offices.
If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of
Fountain Hills’s management team to determine the proper members of our staff needed to complete the
services outlined in the RFQ. We will perform the services and adhere to the requirements described in
this RFQ. Our team looks forward to answering any additional questions you may have about our firm
after you have reviewed this response to the request for qualifications.
Sincerely,
David Basinger, Architect Christine Godinez
Principal/President/CEO COO/Secretary
david.basinger@shumscoda.com christine.godinez@shumscoda.com
(925) 413-5626 (Cell) (925) 463-0651 (Main Line)
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
2
General Information
Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20-
4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite
150, Pleasanton, CA 94588. We have additional offices at the following locations:
• Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395
• Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621
• Southern California - 5208 Weymouth Way, Oceanside, CA 92057
• Northern Utah - 5782 South 920 East, Murray, UT 84121
• Southern Utah - 2284 East 3400 South Street, St. George, UT 84790
• Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117
• Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237
The following corporate officers are authorized to make these representations on behalf of Shums Coda
Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical
address above):
• David Basinger, Principal/President/CEO (Arizona licensed Architect #57859)
david.basinger@shumscoda.com
(925) 413-5626 (Cell)
• Christine Godinez, COO/Secretary
christine.godinez@shumscoda.com
(925) 463-0651 (Main Line)
Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed
building professionals with multiple decades of municipal consulting experience. Our core services are
building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional
clients. We review and inspect all facets of design construction related to code minimums and local
amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical,
electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction
documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced,
knowledgeable team with a proven track record of outstanding service. In providing these services, our
priority is to be a seamless extension of your staff. We therefore commit to being available for code
consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the
utilization of focused staff augmentation.
We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a
wealth of code knowledge and experience in design or construction related fields. SCA believes that an
understanding of how buildings are designed and constructed is an important element to providing
effective code comments that are based on the realities of practical construction. SCA preaches this to our
staff and encourages continuing education to maintain our understanding of the ever-changing code
requirements and amendments. We have seen there can be a great deal of interpretation applied to how
requirements are enforced, so SCA staff continues to find value in learning the history and intent of code
language to assist with accurately applying it to our review and inspections (with final determinations
clearly coming from the Town staff).
Shums Coda Associates takes this commitment to code content further, as we continue to expand our
involvement in various code training and education offerings. For example, SCA continues to participate
in the AZBO Education Board and training and provide similar roles and leadership to the Southern
Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley
Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
3
General Information
also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas,
who provides national education and training offerings throughout the United States. This demonstrates
SCA’s commitment to knowledge through education with all things related to the model Building Codes.
Our belief is that code should be understood by our staff to a level where they can explain to our clients
(and their applicants), as well as the how and why it applies to their specific project. We strive to meet this
level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve
that code understanding internally with our staff and the industry.
With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las
Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred
employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined
in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the
Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects
from any of our offices. This will mean that we can provide even greater degree of expertise for unusual
systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability
reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed
on timelines established by the Town. We have been providing electronic plan reviews for many years
now, and are comfortable with reviewing plans under several formats. We have also provided inspection
services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired
by the Town. SCA looks forward to continuing that discussion related to software, hardware and process
the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ.
Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing
or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed
by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and
communicating directly, using the most advantageous media available, to resolve issues. Similarly, we
encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for
specific correction items. In today’s development climate a brief phone call, or a thirty-minute online
meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We
understand that there can be limitations in the applicant’s technology or jurisdictional inter-department
review process, which sometimes prohibit these methods from being implemented with every project. With
either approach being implemented, SCA understands and intends to route all communication/comment
letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and
approved documents shall be returned to the Town after the plan review or inspection process is completed,
and input into the tracking software as directed by Fountain Hills staff.
This should demonstrate Shums Coda Associates experience with the plan review and inspection services
outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any
sub-consultants to complete these services, and do not anticipate using any for the services requested.
We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract
terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration
since our inception as a corporation.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
4
Experience and Qualifications
Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions
in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the
instructions provided, we provide the following three jurisdictions that examples of municipalities similar
in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested
(although Casa Grande demonstrates the versatility of our team to review large-scale projects in
predominately residential/commercial retail City):
Project Name
Buckeye – plan review and inspection services
Name of Company or
Organization
City of Buckeye
Contact Name
Mike Izzo, CBO
Contact address, Telephone
Number and Email
530 E. Monroe Ave., Buckeye, AZ 85326
(623) 349-6200 (main)
mizzo@buckeyeaz.gov
Type of Service Provided
Residential, commercial, industrial and educational plan reviews
and inspection services, with some fire reviews, and providing an
Acting Building Official
Date of Contract initiation and
expiration
2017 – present
Description of Project. Provided Acting Building Official, that was eventually hired as
current CBO; provided plan review and inspection services during
the period were Buckeye was the second fastest growing
jurisdiction in the US. Significant project plan reviews set-up to
hold meetings with applicants to explain comments and provide
additional directions to approve larger plan reviews in two cycles.
More significant projects are FiveBelow and Ross distribution
centers, three new school projects, APS West Valley facilities and
new City Police Training Facility.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Experience and Qualifications
Project Name
Cherry Hills Village – plan review and inspection services
Name of Company or
Organization
Cherry Hills Village
Contact Name
Paul Workman, Planning Manager
Contact address, Telephone
Number and Email
2450 E. Quincy Ave., Cherry Hills Village, CO 80113
(303) 783-2721
pworkman@cherryhillsvillage.com
Type of Service Provided
Building plan review and inspection services
Date of Contract initiation and
expiration
1994 – 2019 (as Colorado Code Consulting), and 2019 – present
(recently renewed under SCA)
Description of Project. Provide large-scale residential plan review and inspections for a
predominantly residential community of custom homes (usually
over 5,000-sq. ft. in size).
Project Name
Casa Grande - Lucid Electric Car Manufacturing Facility Plan
Review (Phases 1 and 2)
Name of Company or
Organization
City of Casa Grande
Contact Name
Brian Tardif, CBO
Contact address, Telephone
Number and Email
510 E. Florence Blvd., Casa Grande, AZ 85122
(520) 421-8630 (main)
Brian_Tardif@casagrandeaz.gov
Type of Service Provided
Building and Fire Plan Review
Date of Contract initiation and
expiration
2019 – expected to continue to completion of project sometime in
2023
Description of Project. +3 million sq. ft. of new auto manufacturing, offices,
café/break/conference and hazardous materials, as well as site
development, fire sprinkler and alarm reviews, with AMMR’s and
weekly review meetings with City, contractors and design team to
streamline reviews and assure complete re-submittals.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
6
Key Positions
SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona
Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project
Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David
Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance
(as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows:
A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner
managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney
and Myron Williams as additional review team members for Fountain Hills, as they have all provided
extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time
employees of SCA.
B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively
available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily
utilize our systems specific plan review team for additional plan review support. Therefore, David
Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van
Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller
to assist with energy compliance issues. Finally, we have a large structural engineering team to assist
on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan
check staff of Su Fong, Mariam Umair or Ryan Loh.
C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ.
D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the
Fountain Hills work. We have not designated a specific inspector currently for these services, as we
would need to discuss number of inspection hours needed for the services, and what would be
considered appropriate certification and experience for our inspection team. SCA would then select
from our local team the personnel that we believe would be a good fit for inspections, and anticipate an
interview from Town staff prior to assigning them to complete the work. It is our belief that working
within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will
interact with, prior to ever completing an inspection.
Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one
business day from the time we receive the request. We believe in being service oriented and not the building
police. We will work with the contractors and homeowners to bring a building into compliance with the
applicable code whenever we can. It is our philosophy that inspections are educational opportunities to
explain the purpose of the code and why certain things are required by the code. We will spend additional
time explaining the purpose of a code requirement whenever necessary.
Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in
the field. It is important the lines of communication are maintained open. We want to do whatever we can
to ensure safe buildings while helping to get project completed on time and under budget. We pride
ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the
intent of the code.
SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment
process to evaluate the habitability of a structure. We will post the property with the appropriate placard to
indicate whether the building can be occupied or not.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
7
Project Review Timeline
SCA’s plan review reports will reference sheets and code sections that are applicable form each comment.
We would typically email the electronic reviews to the Town for distribution to the applicant, but we can
also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same
electronic list of items needing correction. Our comment lists should be self-explanatory, but our review
team will remain available during working hours (and often off-hours) to provide any additional
clarification/discussion needed of the applicable building code section, ordinances, or regulation.
We will provide a similar list at each cycle of the review process, but typically most reviews are resolved
in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review
remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills
staff to discuss the overall items of concern and look for direction on any alternative methods to keep the
project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online
video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the
applicant – hopefully to assist in receiving a more complete resubmittal with the next review.
With each review cycle, SCA will provide a cover letter/transmittal that includes the following information:
• The address, Town permit number, description, use, and type of construction.
• A list of all plans and documents received for review and the associated dates they were received.
Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans
and the supporting documents and return them to the Town, along with our letter of completion. It should
be noted that our approval stamp can be modified to suit the desired information needed by the Town of
Fountain Hills.
Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize
the Bluebeam product for our reviews but can provide our review comments on any of the other comparable
platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to
the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be
received. However, it should be noted that SCA can also review paper plans when submitted. In those
instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed).
Type of Plan Review Timeframes
Initial Review Recheck
Single-Family 7-10 business days 5 business days
Multi-Family 10-15 business days* 5 business days
Commercial 10-15 business days* 7 business days*
* Some project may require additional time because of size or complexity of the project; SCA would
reserve the right to review those projects under a longer schedule when mutually agreed upon with the
Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be
able to customize our services to fit the Town’s needs and could potentially expedite reviews when
requested.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
8
Certifications
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
9
Certifications
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
10
Appendix
David Basinger, Architect
Principal / CEO
Education
Bachelor of Architecture (with an
emphasis on urban
redevelopment), California
Polytechnic State University at San
Luis Obispo
Licenses & Certifications
Registered Architect, State of
California, License No. C25605
Registered Architect, State of
Arizona, Registration No. 57859
Registered Architect, State of
Nevada, License No. 7116
Registered Architect, State of Utah,
License No. 10180242-0301
Registered Architect, State of
Colorado, License No. 406323
Registered Architect, State of Hawaii,
License No. 17696
Registered Architect, State of
Washington, License No. 12600
NCARB Certified, No. 77371
ICC Building Plans Examiner
Memberships
A.I.A. Member
PROFFESSIONAL SUMMARY
David Basinger is a licensed Architect in multiple States and is the original
founder of Shums Coda Associates in 2006. David has over 30 years of
professional experience associated with architectural design and as a building
code and life-safety plans examiner.
PROFESSIONAL EXPERIENCE
Principal/ CEO ------------------------------------------------------ 2006 - Present
Shums Coda Associates, Pleasanton, CA
Manages plan review, inspections and permitting services for numerous
complex commercial, industrial, educational, medical, hazardous and a
variety of multi-family residential construction projects. David has served as
Acting Building Official or provided in-house plan review services for
numerous jurisdictions in California, such as Mountain View, Fremont, Santa
Clara, Sunnyvale, Menlo Park, Dublin, and Danville.
Arizona Regional Office Manager --------------------------------- 2004 - 2006
Linhart Petersen Powers Associates, Phoenix, AZ
Promoted to establish and serve as Arizona Regional Manager of the three
separate company offices in Arizona: Phoenix, Tucson, and Window Rock.
Provided assistance with large-scale plan review and inspection services,
jurisdiction counter reviews and assistance, and special projects supervisor.
Influential in taking the Arizona effort from a single client to over two dozen
clients in a two-year period, managing eleven employees and three business
lines.
Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004
Linhart Petersen Powers Associates, Phoenix, AZ
Provided plan reviews, and jurisdictional in-house/counter reviews and
technical assistance for projects in California, Arizona, Nevada, Washington,
and Idaho. Managed several large-scale developments as a project
supervisor, and often provide code consultations for complex mixed-
use/redevelopment or historical submittals. Served as primary manager for
the jurisdictions of Mountain View, Danville and Dublin, California. Projects
reviewed include campus designs for Microsoft, Veritas, Google, Alza
Pharmaceuticals and other high-tech or bio-tech related businesses, as well
as several mid-rise or high-rise multi-family complexes.
Architect ----------------------------------------------------------------- 1989 - 1991
Linhart Engineering, Livermore, CA
Completed architectural and structural engineering design for residential,
commercial, and light industrial structures in the San Francisco Bay Area.
Duties included design, drafting, structural calculations, building surveys,
jobsite visits and structural reviews. Also performed field assessments of
URM structures and equipment anchorage calculations for pumps, racks, and
tanks.
Shums Coda Associates
Building Life-Safety Plan Review and
Inspection
Permit Technician Services
Building Department Augmentation
Fire Protection Engineering
Civil Engineering
Follow SCA on LinkedIn
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
11
Appendix
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
12
Appendix
Team Member/ Job Title Certification / License / Affiliations
Russell Adams, CBO
Plans Examiner
Building Inspector
Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007
Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program
Coordinator • California Office of Emergency Services: Safety Assessment Program
Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Troy Alvord
Building Inspector
Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Richard Ames, CBO
Plans Examiner
Building Inspector
Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo
Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Herman “Gene” Ashdown, CBO
Senior Building Inspector
Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University,
Sacramento, 1978- 1981
Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector
Alberto Barrios Marquez, PE
MEP Plans Examiner
Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL.,
Jalisco, México, 1999
Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner
Cedar Brannon
Building Inspector
Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000
Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector
John Henry Brannon
Building Inspector
Education • Associate of Science, Computer Science, Dixie College, St George, Utah
Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jason Bullock
Utah Regional Manager
Education • B.S., Business Administration, University of Phoenix, 1999
Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector
Corey Bundy, CBO
Building Inspector
Plans Examiner
Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure
Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector
Randall “Randy” Capra, FPE
Fire Code Plans Examiner
Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO,
2006
Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National
Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout –
NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions
Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water-
Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Erin Carroll, EIT
Plan Check Engineer
Education • B.S, Industrial Engineering, Clemson University, Clemson, SC
Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013
Sheri Cerise
Fire Code Plans Examiner
Licenses & Certifications • ICC Permit Technician
Tracy Christensen
Building Inspector
Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector
William “Bill” Clayton, CBO
Plans Examiner
Building Inspector
Instructor
Code Consultant
Education • General Studies and Agriculture, Clackamas Community College, Oregon
City, OR • General Studies, Physical Education & Music, Mt. Hood Community College,
Gresham, OR
Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist
Michael “Mike” Coldiron, CBO
Senior Building Inspector
Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
James “Jim” Conway
Electrical Inspector
Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007
Licenses & Certifications • Master Electrician, Colorado License, ME 2327
Brian Cook, MCP, CBO
Plans Examiner
Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner
Justine Cornelius
Building Inspector
Plans Examiner
Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Matthew Coyle
Building Inspector
Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC
Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert.
No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete
Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector
Elvin “Chuck” DeVorss, CBO
Plans Examiner
Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska
Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Alan Ellis, CBO
Nevada Client Liaison Manager
Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977
Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire
Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist
Rouhi El-Rabaa, PE, CASp
Plan Check Engineer
Education • Bachelor’s in Civil Engineering, California State University, Los Angeles
Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner
Ali Fatapour, PE, CBO
Interim Building Official
Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose
Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner
Jeffrey Finn, SE
Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY,
1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986
Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782
Su Fong, PE
Plan Check Engineer
Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011
Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires
09/30/2022) • ICC Building Plans Examiner
William “Bill” Gardner
Elevator Inspector
Education • B.S., Business Administration – University of S. Dakota
Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Dean Gesualdo
Building Inspector
Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector
Roger Gier, CBO
Nevada Client Liaison Manager
Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001
Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector
Martin Haeberle, CBO
Senior Building Inspector
Plans Examiner
Chief Building Official
Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems -
Kansas City Technical College
Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist
Tom Haney, FPE, CBO
Plans Examiner Manager
Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Patrick Haniger
Building Inspector
Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo
Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector
Landan Hansen
Building Inspector
Plans Examiner
Education • Snow College, Ephraim Utah, 2005
Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector
Jeff Hedman, SE
Plans Check Engineer
Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University
Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203
Jody Hilton, CBO
Chief Building Official
Plans Examiner Manager
Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College
Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector
Richard “Rick” Hollander
Building Inspector
Education • IAEI Training Seminars
Licenses & Certifications • ICC Electrical Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Cody Illum
Building Inspector
Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Nicole Johnson
Permit Technician
Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California
State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received
Licenses & Certifications • ICC Permit Technician
Vincent “Vince” Juanitas
Building Inspector
Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector
Daniel “Dan” Kishpaugh
Senior Plans Examiner
Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004
Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner
Terry Knox, MBA
Director, Business Development
Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business
Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection
Awards • Helen Putnam Award for Excellence for Government Efficiency and
Responsiveness • California Building Official (CALBO) Hall of Fame
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Dean Kuenzi, CBO
Plans Examiner
Building Inspector
Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College,
Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present
(Expected 2022)
Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector
David Logsdon
Plans Examiner
Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial
Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jerry Long
Building Inspector
Plans Examiner
Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College
Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector
Xin Lui, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science,
University of Science and Technology of China
Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698
Alain Mamada, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg
Licenses & Certifications • Registered Professional Engineer State of California. No. 1935
James “Jim” McGinley
Building Inspector
Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego
State University • Construction Practices and Procedures, San Jose State University College of
Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego
State University College of Extended Studies
Licenses & Certifications • ICC Building Inspector
Kurt McMullin, PE, Ph. D
Plan Check Engineer
Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University
Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Hope Medina, CBO
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy
Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist
Russell Mora
Plans Examiner
Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector
Adam Mulford
Elevator Inspector
Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety,
Conveyance Section
Christian Ng, FPE
Fire Protection Engineer
Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD
Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132
Lisa O'Malley
Plans Examiner
Licenses & Certifications • California Building Plans Examiner
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Josephine Ortega AIA, CBO, LEED
AP
Senior Plans Examiner
Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August
1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology,
University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University
Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service,
#60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program),
Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector
Randy Pabst
Elevator Chief Inspector
Education • University of Colorado at Boulder, Bachelor of Arts, 1975
Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety
Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Lloyd Parry
Building Inspector
Education • Business Degree
Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector
Jeffrey Paterson, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis
Licenses & Certifications • CA Registered PE, No. 1926
Ed Paxton
Building Inspector
Education • Trade Teck Welding School
Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector
James “Ed” Pehrson
Plans Examiner
Building Inspector
Education • Building Inspection coursework, Davis Applied Technology Center, Utah
Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Diana Perkins, CBO
Senior Plans Examiner
Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco
Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Rosario “Russ” Perrone
Senior Building Inspector
Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector
Mark Ptashkin, CBO
Electrical Plans Examiner
Chief Building Official
Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector
Daniel “Dan” Reardon
Building Inspector
Plans Examiner
Education • BS Mathematics / Emphasis in Secondary Education, University of Northern
Colorado, 1987 – 1991
Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner
Gil Rossmiller
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner
Douglas “Doug” Rykerd
Combination Inspector
Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering,
1985 - 1987
Licenses & Certifications • ICC Commercial Building Inspector
Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector
AJ Smith
Building Inspector
Education • Master of Management/ Public Administration, University of Phoenix, May
2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern
Utah University, May 2005 • Associates of Science, Snow College, December 2002
Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Matt Tate
Building Inspector
Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector
Stephen “Steve” Thomas, CBO
Colorado Regional Manager
Educational Director
Instructor
Chief Building Official
Building Inspector
Plans Examiner
Education • B.S. in Business Administration - University of Phoenix - Thesis: “The
Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978
Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist
Thor Toepfer
Building Inspector
Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector
Mariam Umair, EIT
Plan Check Engineer
Education • M.S., Structural Engineering - San Jose State University Graduated: December
2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila,
Pakistan Graduated: August 2010
Licenses & Certifications • Licensed EIT
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
30
Appendix
Team Member/ Job Title Certification / License / Affiliations
Jason Van Ausdal, CBO
Building Inspector
Plans Examiner
Instructor
Education • Associates in Business Administration and Management, Stevens Henegar
Business College, 1995-1997
Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector
Christopher Vasquez
Elevator Inspector
Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983
Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368
Daniel “Dan” Weed, CBO
Chief Building Official
Building Inspector
Plans Examiner
Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California
Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector
Robert Wheeler, FPE
Fire Protection Engineer
Education • B.S. Fire Protection Engineering, University of Maryland
Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Heather Whitaker
Plans Examiner
Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner
Pamela “Pam” Whitaker-Sowell
Permit Technician
Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018
Licenses & Certifications • ICC Permit Technician • California State Notary
Myron Williams
Building Inspector
Plans Examiner
Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000
Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector
The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services
0
Table of Contents
Cover Letter .................................................................................................................................................. 1
General Information ................................................................................................................................. 2 - 3
Experience and Qualifications ................................................................................................................. 4 - 5
Key Positions ................................................................................................................................................ 6
Project Review Timeline ............................................................................................................................... 7
Certifications ............................................................................................................................................ 8 - 9
Appendix .............................................................................................................................................. 10 - 31
The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services
1
Cover Letter
December 30th, 2021
Rob Durham
Procurement Administrator
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services
Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection
Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that
Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be
required to successfully provide these “as-needed” services to the Town of Fountain Hills.
We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our
firm continually receives exceptional reviews from our jurisdictional clients, as well as design
professionals, developers and contractors from all size projects and varying complexities. Positive
interactions related to our work product is centered in our desire to be more than a mere consultant plan
review, inspection, and permit processing firm, but rather a contributing partner, functioning as an
extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget,
and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those
efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects
outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond
technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums
being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in
overall projects under review or inspection. The following SOQ will highlight key features and
distinguishing points of the SCA team that will assist in this undertaking.
SCA was founded on the principal of assisting our municipal partners with staff augmentation and
developmental services related to construction review, permitting, inspections and documentation
procedures. SCA is committed and ready to provide you with the same care and standard of technical
excellence that has been the hallmark of our work since our inception. We intend to provide primary
services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ
85395, with additional support staff being provided from our headquarters and other regional offices.
If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of
Fountain Hills’s management team to determine the proper members of our staff needed to complete the
services outlined in the RFQ. We will perform the services and adhere to the requirements described in
this RFQ. Our team looks forward to answering any additional questions you may have about our firm
after you have reviewed this response to the request for qualifications.
Sincerely,
David Basinger, Architect Christine Godinez
Principal/President/CEO COO/Secretary
david.basinger@shumscoda.com christine.godinez@shumscoda.com
(925) 413-5626 (Cell) (925) 463-0651 (Main Line)
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
2
General Information
Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20-
4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite
150, Pleasanton, CA 94588. We have additional offices at the following locations:
• Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395
• Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621
• Southern California - 5208 Weymouth Way, Oceanside, CA 92057
• Northern Utah - 5782 South 920 East, Murray, UT 84121
• Southern Utah - 2284 East 3400 South Street, St. George, UT 84790
• Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117
• Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237
The following corporate officers are authorized to make these representations on behalf of Shums Coda
Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical
address above):
• David Basinger, Principal/President/CEO (Arizona licensed Architect #57859)
david.basinger@shumscoda.com
(925) 413-5626 (Cell)
• Christine Godinez, COO/Secretary
christine.godinez@shumscoda.com
(925) 463-0651 (Main Line)
Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed
building professionals with multiple decades of municipal consulting experience. Our core services are
building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional
clients. We review and inspect all facets of design construction related to code minimums and local
amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical,
electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction
documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced,
knowledgeable team with a proven track record of outstanding service. In providing these services, our
priority is to be a seamless extension of your staff. We therefore commit to being available for code
consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the
utilization of focused staff augmentation.
We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a
wealth of code knowledge and experience in design or construction related fields. SCA believes that an
understanding of how buildings are designed and constructed is an important element to providing
effective code comments that are based on the realities of practical construction. SCA preaches this to our
staff and encourages continuing education to maintain our understanding of the ever-changing code
requirements and amendments. We have seen there can be a great deal of interpretation applied to how
requirements are enforced, so SCA staff continues to find value in learning the history and intent of code
language to assist with accurately applying it to our review and inspections (with final determinations
clearly coming from the Town staff).
Shums Coda Associates takes this commitment to code content further, as we continue to expand our
involvement in various code training and education offerings. For example, SCA continues to participate
in the AZBO Education Board and training and provide similar roles and leadership to the Southern
Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley
Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
3
General Information
also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas,
who provides national education and training offerings throughout the United States. This demonstrates
SCA’s commitment to knowledge through education with all things related to the model Building Codes.
Our belief is that code should be understood by our staff to a level where they can explain to our clients
(and their applicants), as well as the how and why it applies to their specific project. We strive to meet this
level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve
that code understanding internally with our staff and the industry.
With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las
Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred
employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined
in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the
Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects
from any of our offices. This will mean that we can provide even greater degree of expertise for unusual
systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability
reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed
on timelines established by the Town. We have been providing electronic plan reviews for many years
now, and are comfortable with reviewing plans under several formats. We have also provided inspection
services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired
by the Town. SCA looks forward to continuing that discussion related to software, hardware and process
the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ.
Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing
or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed
by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and
communicating directly, using the most advantageous media available, to resolve issues. Similarly, we
encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for
specific correction items. In today’s development climate a brief phone call, or a thirty-minute online
meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We
understand that there can be limitations in the applicant’s technology or jurisdictional inter-department
review process, which sometimes prohibit these methods from being implemented with every project. With
either approach being implemented, SCA understands and intends to route all communication/comment
letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and
approved documents shall be returned to the Town after the plan review or inspection process is completed,
and input into the tracking software as directed by Fountain Hills staff.
This should demonstrate Shums Coda Associates experience with the plan review and inspection services
outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any
sub-consultants to complete these services, and do not anticipate using any for the services requested.
We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract
terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration
since our inception as a corporation.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
4
Experience and Qualifications
Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions
in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the
instructions provided, we provide the following three jurisdictions that examples of municipalities similar
in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested
(although Casa Grande demonstrates the versatility of our team to review large-scale projects in
predominately residential/commercial retail City):
Project Name
Buckeye – plan review and inspection services
Name of Company or
Organization
City of Buckeye
Contact Name
Mike Izzo, CBO
Contact address, Telephone
Number and Email
530 E. Monroe Ave., Buckeye, AZ 85326
(623) 349-6200 (main)
mizzo@buckeyeaz.gov
Type of Service Provided
Residential, commercial, industrial and educational plan reviews
and inspection services, with some fire reviews, and providing an
Acting Building Official
Date of Contract initiation and
expiration
2017 – present
Description of Project. Provided Acting Building Official, that was eventually hired as
current CBO; provided plan review and inspection services during
the period were Buckeye was the second fastest growing
jurisdiction in the US. Significant project plan reviews set-up to
hold meetings with applicants to explain comments and provide
additional directions to approve larger plan reviews in two cycles.
More significant projects are FiveBelow and Ross distribution
centers, three new school projects, APS West Valley facilities and
new City Police Training Facility.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Experience and Qualifications
Project Name
Cherry Hills Village – plan review and inspection services
Name of Company or
Organization
Cherry Hills Village
Contact Name
Paul Workman, Planning Manager
Contact address, Telephone
Number and Email
2450 E. Quincy Ave., Cherry Hills Village, CO 80113
(303) 783-2721
pworkman@cherryhillsvillage.com
Type of Service Provided
Building plan review and inspection services
Date of Contract initiation and
expiration
1994 – 2019 (as Colorado Code Consulting), and 2019 – present
(recently renewed under SCA)
Description of Project. Provide large-scale residential plan review and inspections for a
predominantly residential community of custom homes (usually
over 5,000-sq. ft. in size).
Project Name
Casa Grande - Lucid Electric Car Manufacturing Facility Plan
Review (Phases 1 and 2)
Name of Company or
Organization
City of Casa Grande
Contact Name
Brian Tardif, CBO
Contact address, Telephone
Number and Email
510 E. Florence Blvd., Casa Grande, AZ 85122
(520) 421-8630 (main)
Brian_Tardif@casagrandeaz.gov
Type of Service Provided
Building and Fire Plan Review
Date of Contract initiation and
expiration
2019 – expected to continue to completion of project sometime in
2023
Description of Project. +3 million sq. ft. of new auto manufacturing, offices,
café/break/conference and hazardous materials, as well as site
development, fire sprinkler and alarm reviews, with AMMR’s and
weekly review meetings with City, contractors and design team to
streamline reviews and assure complete re-submittals.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
6
Key Positions
SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona
Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project
Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David
Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance
(as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows:
A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner
managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney
and Myron Williams as additional review team members for Fountain Hills, as they have all provided
extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time
employees of SCA.
B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively
available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily
utilize our systems specific plan review team for additional plan review support. Therefore, David
Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van
Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller
to assist with energy compliance issues. Finally, we have a large structural engineering team to assist
on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan
check staff of Su Fong, Mariam Umair or Ryan Loh.
C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ.
D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the
Fountain Hills work. We have not designated a specific inspector currently for these services, as we
would need to discuss number of inspection hours needed for the services, and what would be
considered appropriate certification and experience for our inspection team. SCA would then select
from our local team the personnel that we believe would be a good fit for inspections, and anticipate an
interview from Town staff prior to assigning them to complete the work. It is our belief that working
within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will
interact with, prior to ever completing an inspection.
Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one
business day from the time we receive the request. We believe in being service oriented and not the building
police. We will work with the contractors and homeowners to bring a building into compliance with the
applicable code whenever we can. It is our philosophy that inspections are educational opportunities to
explain the purpose of the code and why certain things are required by the code. We will spend additional
time explaining the purpose of a code requirement whenever necessary.
Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in
the field. It is important the lines of communication are maintained open. We want to do whatever we can
to ensure safe buildings while helping to get project completed on time and under budget. We pride
ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the
intent of the code.
SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment
process to evaluate the habitability of a structure. We will post the property with the appropriate placard to
indicate whether the building can be occupied or not.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
7
Project Review Timeline
SCA’s plan review reports will reference sheets and code sections that are applicable form each comment.
We would typically email the electronic reviews to the Town for distribution to the applicant, but we can
also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same
electronic list of items needing correction. Our comment lists should be self-explanatory, but our review
team will remain available during working hours (and often off-hours) to provide any additional
clarification/discussion needed of the applicable building code section, ordinances, or regulation.
We will provide a similar list at each cycle of the review process, but typically most reviews are resolved
in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review
remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills
staff to discuss the overall items of concern and look for direction on any alternative methods to keep the
project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online
video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the
applicant – hopefully to assist in receiving a more complete resubmittal with the next review.
With each review cycle, SCA will provide a cover letter/transmittal that includes the following information:
• The address, Town permit number, description, use, and type of construction.
• A list of all plans and documents received for review and the associated dates they were received.
Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans
and the supporting documents and return them to the Town, along with our letter of completion. It should
be noted that our approval stamp can be modified to suit the desired information needed by the Town of
Fountain Hills.
Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize
the Bluebeam product for our reviews but can provide our review comments on any of the other comparable
platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to
the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be
received. However, it should be noted that SCA can also review paper plans when submitted. In those
instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed).
Type of Plan Review Timeframes
Initial Review Recheck
Single-Family 7-10 business days 5 business days
Multi-Family 10-15 business days* 5 business days
Commercial 10-15 business days* 7 business days*
* Some project may require additional time because of size or complexity of the project; SCA would
reserve the right to review those projects under a longer schedule when mutually agreed upon with the
Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be
able to customize our services to fit the Town’s needs and could potentially expedite reviews when
requested.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
8
Certifications
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
9
Certifications
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
10
Appendix
David Basinger, Architect
Principal / CEO
Education
Bachelor of Architecture (with an
emphasis on urban
redevelopment), California
Polytechnic State University at San
Luis Obispo
Licenses & Certifications
Registered Architect, State of
California, License No. C25605
Registered Architect, State of
Arizona, Registration No. 57859
Registered Architect, State of
Nevada, License No. 7116
Registered Architect, State of Utah,
License No. 10180242-0301
Registered Architect, State of
Colorado, License No. 406323
Registered Architect, State of Hawaii,
License No. 17696
Registered Architect, State of
Washington, License No. 12600
NCARB Certified, No. 77371
ICC Building Plans Examiner
Memberships
A.I.A. Member
PROFFESSIONAL SUMMARY
David Basinger is a licensed Architect in multiple States and is the original
founder of Shums Coda Associates in 2006. David has over 30 years of
professional experience associated with architectural design and as a building
code and life-safety plans examiner.
PROFESSIONAL EXPERIENCE
Principal/ CEO ------------------------------------------------------ 2006 - Present
Shums Coda Associates, Pleasanton, CA
Manages plan review, inspections and permitting services for numerous
complex commercial, industrial, educational, medical, hazardous and a
variety of multi-family residential construction projects. David has served as
Acting Building Official or provided in-house plan review services for
numerous jurisdictions in California, such as Mountain View, Fremont, Santa
Clara, Sunnyvale, Menlo Park, Dublin, and Danville.
Arizona Regional Office Manager --------------------------------- 2004 - 2006
Linhart Petersen Powers Associates, Phoenix, AZ
Promoted to establish and serve as Arizona Regional Manager of the three
separate company offices in Arizona: Phoenix, Tucson, and Window Rock.
Provided assistance with large-scale plan review and inspection services,
jurisdiction counter reviews and assistance, and special projects supervisor.
Influential in taking the Arizona effort from a single client to over two dozen
clients in a two-year period, managing eleven employees and three business
lines.
Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004
Linhart Petersen Powers Associates, Phoenix, AZ
Provided plan reviews, and jurisdictional in-house/counter reviews and
technical assistance for projects in California, Arizona, Nevada, Washington,
and Idaho. Managed several large-scale developments as a project
supervisor, and often provide code consultations for complex mixed-
use/redevelopment or historical submittals. Served as primary manager for
the jurisdictions of Mountain View, Danville and Dublin, California. Projects
reviewed include campus designs for Microsoft, Veritas, Google, Alza
Pharmaceuticals and other high-tech or bio-tech related businesses, as well
as several mid-rise or high-rise multi-family complexes.
Architect ----------------------------------------------------------------- 1989 - 1991
Linhart Engineering, Livermore, CA
Completed architectural and structural engineering design for residential,
commercial, and light industrial structures in the San Francisco Bay Area.
Duties included design, drafting, structural calculations, building surveys,
jobsite visits and structural reviews. Also performed field assessments of
URM structures and equipment anchorage calculations for pumps, racks, and
tanks.
Shums Coda Associates
Building Life-Safety Plan Review and
Inspection
Permit Technician Services
Building Department Augmentation
Fire Protection Engineering
Civil Engineering
Follow SCA on LinkedIn
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
11
Appendix
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
12
Appendix
Team Member/ Job Title Certification / License / Affiliations
Russell Adams, CBO
Plans Examiner
Building Inspector
Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007
Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program
Coordinator • California Office of Emergency Services: Safety Assessment Program
Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
13
Appendix
Team Member/ Job Title Certification / License / Affiliations
Troy Alvord
Building Inspector
Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Richard Ames, CBO
Plans Examiner
Building Inspector
Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo
Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
14
Appendix
Team Member/ Job Title Certification / License / Affiliations
Herman “Gene” Ashdown, CBO
Senior Building Inspector
Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University,
Sacramento, 1978- 1981
Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector
Alberto Barrios Marquez, PE
MEP Plans Examiner
Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL.,
Jalisco, México, 1999
Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner
Cedar Brannon
Building Inspector
Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000
Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector
John Henry Brannon
Building Inspector
Education • Associate of Science, Computer Science, Dixie College, St George, Utah
Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jason Bullock
Utah Regional Manager
Education • B.S., Business Administration, University of Phoenix, 1999
Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector
Corey Bundy, CBO
Building Inspector
Plans Examiner
Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure
Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector
Randall “Randy” Capra, FPE
Fire Code Plans Examiner
Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO,
2006
Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National
Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout –
NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions
Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water-
Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Erin Carroll, EIT
Plan Check Engineer
Education • B.S, Industrial Engineering, Clemson University, Clemson, SC
Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013
Sheri Cerise
Fire Code Plans Examiner
Licenses & Certifications • ICC Permit Technician
Tracy Christensen
Building Inspector
Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector
William “Bill” Clayton, CBO
Plans Examiner
Building Inspector
Instructor
Code Consultant
Education • General Studies and Agriculture, Clackamas Community College, Oregon
City, OR • General Studies, Physical Education & Music, Mt. Hood Community College,
Gresham, OR
Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist
Michael “Mike” Coldiron, CBO
Senior Building Inspector
Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner
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Appendix
Team Member/ Job Title Certification / License / Affiliations
James “Jim” Conway
Electrical Inspector
Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007
Licenses & Certifications • Master Electrician, Colorado License, ME 2327
Brian Cook, MCP, CBO
Plans Examiner
Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner
Justine Cornelius
Building Inspector
Plans Examiner
Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Matthew Coyle
Building Inspector
Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC
Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert.
No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete
Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector
Elvin “Chuck” DeVorss, CBO
Plans Examiner
Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska
Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Alan Ellis, CBO
Nevada Client Liaison Manager
Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977
Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire
Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist
Rouhi El-Rabaa, PE, CASp
Plan Check Engineer
Education • Bachelor’s in Civil Engineering, California State University, Los Angeles
Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner
Ali Fatapour, PE, CBO
Interim Building Official
Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose
Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner
Jeffrey Finn, SE
Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY,
1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986
Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782
Su Fong, PE
Plan Check Engineer
Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011
Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires
09/30/2022) • ICC Building Plans Examiner
William “Bill” Gardner
Elevator Inspector
Education • B.S., Business Administration – University of S. Dakota
Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Dean Gesualdo
Building Inspector
Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector
Roger Gier, CBO
Nevada Client Liaison Manager
Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001
Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector
Martin Haeberle, CBO
Senior Building Inspector
Plans Examiner
Chief Building Official
Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems -
Kansas City Technical College
Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist
Tom Haney, FPE, CBO
Plans Examiner Manager
Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Patrick Haniger
Building Inspector
Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo
Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector
Landan Hansen
Building Inspector
Plans Examiner
Education • Snow College, Ephraim Utah, 2005
Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector
Jeff Hedman, SE
Plans Check Engineer
Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University
Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203
Jody Hilton, CBO
Chief Building Official
Plans Examiner Manager
Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College
Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector
Richard “Rick” Hollander
Building Inspector
Education • IAEI Training Seminars
Licenses & Certifications • ICC Electrical Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Cody Illum
Building Inspector
Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Nicole Johnson
Permit Technician
Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California
State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received
Licenses & Certifications • ICC Permit Technician
Vincent “Vince” Juanitas
Building Inspector
Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector
Daniel “Dan” Kishpaugh
Senior Plans Examiner
Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004
Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner
Terry Knox, MBA
Director, Business Development
Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business
Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection
Awards • Helen Putnam Award for Excellence for Government Efficiency and
Responsiveness • California Building Official (CALBO) Hall of Fame
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Dean Kuenzi, CBO
Plans Examiner
Building Inspector
Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College,
Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present
(Expected 2022)
Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector
David Logsdon
Plans Examiner
Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial
Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jerry Long
Building Inspector
Plans Examiner
Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College
Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector
Xin Lui, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science,
University of Science and Technology of China
Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698
Alain Mamada, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg
Licenses & Certifications • Registered Professional Engineer State of California. No. 1935
James “Jim” McGinley
Building Inspector
Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego
State University • Construction Practices and Procedures, San Jose State University College of
Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego
State University College of Extended Studies
Licenses & Certifications • ICC Building Inspector
Kurt McMullin, PE, Ph. D
Plan Check Engineer
Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University
Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Hope Medina, CBO
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy
Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist
Russell Mora
Plans Examiner
Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector
Adam Mulford
Elevator Inspector
Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety,
Conveyance Section
Christian Ng, FPE
Fire Protection Engineer
Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD
Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132
Lisa O'Malley
Plans Examiner
Licenses & Certifications • California Building Plans Examiner
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Josephine Ortega AIA, CBO, LEED
AP
Senior Plans Examiner
Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August
1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology,
University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University
Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service,
#60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program),
Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector
Randy Pabst
Elevator Chief Inspector
Education • University of Colorado at Boulder, Bachelor of Arts, 1975
Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety
Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Lloyd Parry
Building Inspector
Education • Business Degree
Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector
Jeffrey Paterson, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis
Licenses & Certifications • CA Registered PE, No. 1926
Ed Paxton
Building Inspector
Education • Trade Teck Welding School
Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector
James “Ed” Pehrson
Plans Examiner
Building Inspector
Education • Building Inspection coursework, Davis Applied Technology Center, Utah
Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Diana Perkins, CBO
Senior Plans Examiner
Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco
Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Rosario “Russ” Perrone
Senior Building Inspector
Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector
Mark Ptashkin, CBO
Electrical Plans Examiner
Chief Building Official
Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector
Daniel “Dan” Reardon
Building Inspector
Plans Examiner
Education • BS Mathematics / Emphasis in Secondary Education, University of Northern
Colorado, 1987 – 1991
Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner
Gil Rossmiller
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner
Douglas “Doug” Rykerd
Combination Inspector
Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering,
1985 - 1987
Licenses & Certifications • ICC Commercial Building Inspector
Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector
AJ Smith
Building Inspector
Education • Master of Management/ Public Administration, University of Phoenix, May
2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern
Utah University, May 2005 • Associates of Science, Snow College, December 2002
Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Matt Tate
Building Inspector
Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector
Stephen “Steve” Thomas, CBO
Colorado Regional Manager
Educational Director
Instructor
Chief Building Official
Building Inspector
Plans Examiner
Education • B.S. in Business Administration - University of Phoenix - Thesis: “The
Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978
Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist
Thor Toepfer
Building Inspector
Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector
Mariam Umair, EIT
Plan Check Engineer
Education • M.S., Structural Engineering - San Jose State University Graduated: December
2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila,
Pakistan Graduated: August 2010
Licenses & Certifications • Licensed EIT
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jason Van Ausdal, CBO
Building Inspector
Plans Examiner
Instructor
Education • Associates in Business Administration and Management, Stevens Henegar
Business College, 1995-1997
Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector
Christopher Vasquez
Elevator Inspector
Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983
Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368
Daniel “Dan” Weed, CBO
Chief Building Official
Building Inspector
Plans Examiner
Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California
Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector
Robert Wheeler, FPE
Fire Protection Engineer
Education • B.S. Fire Protection Engineering, University of Maryland
Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Heather Whitaker
Plans Examiner
Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner
Pamela “Pam” Whitaker-Sowell
Permit Technician
Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018
Licenses & Certifications • ICC Permit Technician • California State Notary
Myron Williams
Building Inspector
Plans Examiner
Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000
Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector
The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services
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Table of Contents
Cover Letter .................................................................................................................................................. 1
General Information ................................................................................................................................. 2 - 3
Experience and Qualifications ................................................................................................................. 4 - 5
Key Positions ................................................................................................................................................ 6
Project Review Timeline ............................................................................................................................... 7
Certifications ............................................................................................................................................ 8 - 9
Appendix .............................................................................................................................................. 10 - 31
The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services
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Cover Letter
December 30th, 2021
Rob Durham
Procurement Administrator
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services
Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection
Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that
Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be
required to successfully provide these “as-needed” services to the Town of Fountain Hills.
We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our
firm continually receives exceptional reviews from our jurisdictional clients, as well as design
professionals, developers and contractors from all size projects and varying complexities. Positive
interactions related to our work product is centered in our desire to be more than a mere consultant plan
review, inspection, and permit processing firm, but rather a contributing partner, functioning as an
extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget,
and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those
efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects
outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond
technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums
being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in
overall projects under review or inspection. The following SOQ will highlight key features and
distinguishing points of the SCA team that will assist in this undertaking.
SCA was founded on the principal of assisting our municipal partners with staff augmentation and
developmental services related to construction review, permitting, inspections and documentation
procedures. SCA is committed and ready to provide you with the same care and standard of technical
excellence that has been the hallmark of our work since our inception. We intend to provide primary
services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ
85395, with additional support staff being provided from our headquarters and other regional offices.
If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of
Fountain Hills’s management team to determine the proper members of our staff needed to complete the
services outlined in the RFQ. We will perform the services and adhere to the requirements described in
this RFQ. Our team looks forward to answering any additional questions you may have about our firm
after you have reviewed this response to the request for qualifications.
Sincerely,
David Basinger, Architect Christine Godinez
Principal/President/CEO COO/Secretary
david.basinger@shumscoda.com christine.godinez@shumscoda.com
(925) 413-5626 (Cell) (925) 463-0651 (Main Line)
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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General Information
Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20-
4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite
150, Pleasanton, CA 94588. We have additional offices at the following locations:
• Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395
• Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621
• Southern California - 5208 Weymouth Way, Oceanside, CA 92057
• Northern Utah - 5782 South 920 East, Murray, UT 84121
• Southern Utah - 2284 East 3400 South Street, St. George, UT 84790
• Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117
• Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237
The following corporate officers are authorized to make these representations on behalf of Shums Coda
Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical
address above):
• David Basinger, Principal/President/CEO (Arizona licensed Architect #57859)
david.basinger@shumscoda.com
(925) 413-5626 (Cell)
• Christine Godinez, COO/Secretary
christine.godinez@shumscoda.com
(925) 463-0651 (Main Line)
Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed
building professionals with multiple decades of municipal consulting experience. Our core services are
building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional
clients. We review and inspect all facets of design construction related to code minimums and local
amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical,
electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction
documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced,
knowledgeable team with a proven track record of outstanding service. In providing these services, our
priority is to be a seamless extension of your staff. We therefore commit to being available for code
consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the
utilization of focused staff augmentation.
We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a
wealth of code knowledge and experience in design or construction related fields. SCA believes that an
understanding of how buildings are designed and constructed is an important element to providing
effective code comments that are based on the realities of practical construction. SCA preaches this to our
staff and encourages continuing education to maintain our understanding of the ever-changing code
requirements and amendments. We have seen there can be a great deal of interpretation applied to how
requirements are enforced, so SCA staff continues to find value in learning the history and intent of code
language to assist with accurately applying it to our review and inspections (with final determinations
clearly coming from the Town staff).
Shums Coda Associates takes this commitment to code content further, as we continue to expand our
involvement in various code training and education offerings. For example, SCA continues to participate
in the AZBO Education Board and training and provide similar roles and leadership to the Southern
Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley
Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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General Information
also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas,
who provides national education and training offerings throughout the United States. This demonstrates
SCA’s commitment to knowledge through education with all things related to the model Building Codes.
Our belief is that code should be understood by our staff to a level where they can explain to our clients
(and their applicants), as well as the how and why it applies to their specific project. We strive to meet this
level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve
that code understanding internally with our staff and the industry.
With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las
Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred
employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined
in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the
Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects
from any of our offices. This will mean that we can provide even greater degree of expertise for unusual
systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability
reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed
on timelines established by the Town. We have been providing electronic plan reviews for many years
now, and are comfortable with reviewing plans under several formats. We have also provided inspection
services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired
by the Town. SCA looks forward to continuing that discussion related to software, hardware and process
the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ.
Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing
or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed
by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and
communicating directly, using the most advantageous media available, to resolve issues. Similarly, we
encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for
specific correction items. In today’s development climate a brief phone call, or a thirty-minute online
meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We
understand that there can be limitations in the applicant’s technology or jurisdictional inter-department
review process, which sometimes prohibit these methods from being implemented with every project. With
either approach being implemented, SCA understands and intends to route all communication/comment
letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and
approved documents shall be returned to the Town after the plan review or inspection process is completed,
and input into the tracking software as directed by Fountain Hills staff.
This should demonstrate Shums Coda Associates experience with the plan review and inspection services
outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any
sub-consultants to complete these services, and do not anticipate using any for the services requested.
We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract
terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration
since our inception as a corporation.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Experience and Qualifications
Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions
in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the
instructions provided, we provide the following three jurisdictions that examples of municipalities similar
in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested
(although Casa Grande demonstrates the versatility of our team to review large-scale projects in
predominately residential/commercial retail City):
Project Name
Buckeye – plan review and inspection services
Name of Company or
Organization
City of Buckeye
Contact Name
Mike Izzo, CBO
Contact address, Telephone
Number and Email
530 E. Monroe Ave., Buckeye, AZ 85326
(623) 349-6200 (main)
mizzo@buckeyeaz.gov
Type of Service Provided
Residential, commercial, industrial and educational plan reviews
and inspection services, with some fire reviews, and providing an
Acting Building Official
Date of Contract initiation and
expiration
2017 – present
Description of Project. Provided Acting Building Official, that was eventually hired as
current CBO; provided plan review and inspection services during
the period were Buckeye was the second fastest growing
jurisdiction in the US. Significant project plan reviews set-up to
hold meetings with applicants to explain comments and provide
additional directions to approve larger plan reviews in two cycles.
More significant projects are FiveBelow and Ross distribution
centers, three new school projects, APS West Valley facilities and
new City Police Training Facility.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Experience and Qualifications
Project Name
Cherry Hills Village – plan review and inspection services
Name of Company or
Organization
Cherry Hills Village
Contact Name
Paul Workman, Planning Manager
Contact address, Telephone
Number and Email
2450 E. Quincy Ave., Cherry Hills Village, CO 80113
(303) 783-2721
pworkman@cherryhillsvillage.com
Type of Service Provided
Building plan review and inspection services
Date of Contract initiation and
expiration
1994 – 2019 (as Colorado Code Consulting), and 2019 – present
(recently renewed under SCA)
Description of Project. Provide large-scale residential plan review and inspections for a
predominantly residential community of custom homes (usually
over 5,000-sq. ft. in size).
Project Name
Casa Grande - Lucid Electric Car Manufacturing Facility Plan
Review (Phases 1 and 2)
Name of Company or
Organization
City of Casa Grande
Contact Name
Brian Tardif, CBO
Contact address, Telephone
Number and Email
510 E. Florence Blvd., Casa Grande, AZ 85122
(520) 421-8630 (main)
Brian_Tardif@casagrandeaz.gov
Type of Service Provided
Building and Fire Plan Review
Date of Contract initiation and
expiration
2019 – expected to continue to completion of project sometime in
2023
Description of Project. +3 million sq. ft. of new auto manufacturing, offices,
café/break/conference and hazardous materials, as well as site
development, fire sprinkler and alarm reviews, with AMMR’s and
weekly review meetings with City, contractors and design team to
streamline reviews and assure complete re-submittals.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Key Positions
SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona
Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project
Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David
Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance
(as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows:
A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner
managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney
and Myron Williams as additional review team members for Fountain Hills, as they have all provided
extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time
employees of SCA.
B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively
available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily
utilize our systems specific plan review team for additional plan review support. Therefore, David
Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van
Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller
to assist with energy compliance issues. Finally, we have a large structural engineering team to assist
on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan
check staff of Su Fong, Mariam Umair or Ryan Loh.
C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ.
D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the
Fountain Hills work. We have not designated a specific inspector currently for these services, as we
would need to discuss number of inspection hours needed for the services, and what would be
considered appropriate certification and experience for our inspection team. SCA would then select
from our local team the personnel that we believe would be a good fit for inspections, and anticipate an
interview from Town staff prior to assigning them to complete the work. It is our belief that working
within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will
interact with, prior to ever completing an inspection.
Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one
business day from the time we receive the request. We believe in being service oriented and not the building
police. We will work with the contractors and homeowners to bring a building into compliance with the
applicable code whenever we can. It is our philosophy that inspections are educational opportunities to
explain the purpose of the code and why certain things are required by the code. We will spend additional
time explaining the purpose of a code requirement whenever necessary.
Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in
the field. It is important the lines of communication are maintained open. We want to do whatever we can
to ensure safe buildings while helping to get project completed on time and under budget. We pride
ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the
intent of the code.
SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment
process to evaluate the habitability of a structure. We will post the property with the appropriate placard to
indicate whether the building can be occupied or not.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Project Review Timeline
SCA’s plan review reports will reference sheets and code sections that are applicable form each comment.
We would typically email the electronic reviews to the Town for distribution to the applicant, but we can
also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same
electronic list of items needing correction. Our comment lists should be self-explanatory, but our review
team will remain available during working hours (and often off-hours) to provide any additional
clarification/discussion needed of the applicable building code section, ordinances, or regulation.
We will provide a similar list at each cycle of the review process, but typically most reviews are resolved
in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review
remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills
staff to discuss the overall items of concern and look for direction on any alternative methods to keep the
project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online
video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the
applicant – hopefully to assist in receiving a more complete resubmittal with the next review.
With each review cycle, SCA will provide a cover letter/transmittal that includes the following information:
• The address, Town permit number, description, use, and type of construction.
• A list of all plans and documents received for review and the associated dates they were received.
Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans
and the supporting documents and return them to the Town, along with our letter of completion. It should
be noted that our approval stamp can be modified to suit the desired information needed by the Town of
Fountain Hills.
Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize
the Bluebeam product for our reviews but can provide our review comments on any of the other comparable
platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to
the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be
received. However, it should be noted that SCA can also review paper plans when submitted. In those
instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed).
Type of Plan Review Timeframes
Initial Review Recheck
Single-Family 7-10 business days 5 business days
Multi-Family 10-15 business days* 5 business days
Commercial 10-15 business days* 7 business days*
* Some project may require additional time because of size or complexity of the project; SCA would
reserve the right to review those projects under a longer schedule when mutually agreed upon with the
Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be
able to customize our services to fit the Town’s needs and could potentially expedite reviews when
requested.
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Certifications
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
9
Certifications
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
10
Appendix
David Basinger, Architect
Principal / CEO
Education
Bachelor of Architecture (with an
emphasis on urban
redevelopment), California
Polytechnic State University at San
Luis Obispo
Licenses & Certifications
Registered Architect, State of
California, License No. C25605
Registered Architect, State of
Arizona, Registration No. 57859
Registered Architect, State of
Nevada, License No. 7116
Registered Architect, State of Utah,
License No. 10180242-0301
Registered Architect, State of
Colorado, License No. 406323
Registered Architect, State of Hawaii,
License No. 17696
Registered Architect, State of
Washington, License No. 12600
NCARB Certified, No. 77371
ICC Building Plans Examiner
Memberships
A.I.A. Member
PROFFESSIONAL SUMMARY
David Basinger is a licensed Architect in multiple States and is the original
founder of Shums Coda Associates in 2006. David has over 30 years of
professional experience associated with architectural design and as a building
code and life-safety plans examiner.
PROFESSIONAL EXPERIENCE
Principal/ CEO ------------------------------------------------------ 2006 - Present
Shums Coda Associates, Pleasanton, CA
Manages plan review, inspections and permitting services for numerous
complex commercial, industrial, educational, medical, hazardous and a
variety of multi-family residential construction projects. David has served as
Acting Building Official or provided in-house plan review services for
numerous jurisdictions in California, such as Mountain View, Fremont, Santa
Clara, Sunnyvale, Menlo Park, Dublin, and Danville.
Arizona Regional Office Manager --------------------------------- 2004 - 2006
Linhart Petersen Powers Associates, Phoenix, AZ
Promoted to establish and serve as Arizona Regional Manager of the three
separate company offices in Arizona: Phoenix, Tucson, and Window Rock.
Provided assistance with large-scale plan review and inspection services,
jurisdiction counter reviews and assistance, and special projects supervisor.
Influential in taking the Arizona effort from a single client to over two dozen
clients in a two-year period, managing eleven employees and three business
lines.
Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004
Linhart Petersen Powers Associates, Phoenix, AZ
Provided plan reviews, and jurisdictional in-house/counter reviews and
technical assistance for projects in California, Arizona, Nevada, Washington,
and Idaho. Managed several large-scale developments as a project
supervisor, and often provide code consultations for complex mixed-
use/redevelopment or historical submittals. Served as primary manager for
the jurisdictions of Mountain View, Danville and Dublin, California. Projects
reviewed include campus designs for Microsoft, Veritas, Google, Alza
Pharmaceuticals and other high-tech or bio-tech related businesses, as well
as several mid-rise or high-rise multi-family complexes.
Architect ----------------------------------------------------------------- 1989 - 1991
Linhart Engineering, Livermore, CA
Completed architectural and structural engineering design for residential,
commercial, and light industrial structures in the San Francisco Bay Area.
Duties included design, drafting, structural calculations, building surveys,
jobsite visits and structural reviews. Also performed field assessments of
URM structures and equipment anchorage calculations for pumps, racks, and
tanks.
Shums Coda Associates
Building Life-Safety Plan Review and
Inspection
Permit Technician Services
Building Department Augmentation
Fire Protection Engineering
Civil Engineering
Follow SCA on LinkedIn
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Russell Adams, CBO
Plans Examiner
Building Inspector
Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007
Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program
Coordinator • California Office of Emergency Services: Safety Assessment Program
Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Troy Alvord
Building Inspector
Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Richard Ames, CBO
Plans Examiner
Building Inspector
Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo
Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Herman “Gene” Ashdown, CBO
Senior Building Inspector
Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University,
Sacramento, 1978- 1981
Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector
Alberto Barrios Marquez, PE
MEP Plans Examiner
Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL.,
Jalisco, México, 1999
Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner
Cedar Brannon
Building Inspector
Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000
Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector
John Henry Brannon
Building Inspector
Education • Associate of Science, Computer Science, Dixie College, St George, Utah
Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jason Bullock
Utah Regional Manager
Education • B.S., Business Administration, University of Phoenix, 1999
Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector
Corey Bundy, CBO
Building Inspector
Plans Examiner
Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure
Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector
Randall “Randy” Capra, FPE
Fire Code Plans Examiner
Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO,
2006
Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National
Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout –
NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions
Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water-
Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Erin Carroll, EIT
Plan Check Engineer
Education • B.S, Industrial Engineering, Clemson University, Clemson, SC
Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013
Sheri Cerise
Fire Code Plans Examiner
Licenses & Certifications • ICC Permit Technician
Tracy Christensen
Building Inspector
Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector
William “Bill” Clayton, CBO
Plans Examiner
Building Inspector
Instructor
Code Consultant
Education • General Studies and Agriculture, Clackamas Community College, Oregon
City, OR • General Studies, Physical Education & Music, Mt. Hood Community College,
Gresham, OR
Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist
Michael “Mike” Coldiron, CBO
Senior Building Inspector
Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
James “Jim” Conway
Electrical Inspector
Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007
Licenses & Certifications • Master Electrician, Colorado License, ME 2327
Brian Cook, MCP, CBO
Plans Examiner
Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner
Justine Cornelius
Building Inspector
Plans Examiner
Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Matthew Coyle
Building Inspector
Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC
Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert.
No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete
Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector
Elvin “Chuck” DeVorss, CBO
Plans Examiner
Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska
Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Alan Ellis, CBO
Nevada Client Liaison Manager
Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977
Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire
Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist
Rouhi El-Rabaa, PE, CASp
Plan Check Engineer
Education • Bachelor’s in Civil Engineering, California State University, Los Angeles
Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner
Ali Fatapour, PE, CBO
Interim Building Official
Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose
Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner
Jeffrey Finn, SE
Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY,
1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986
Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782
Su Fong, PE
Plan Check Engineer
Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011
Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires
09/30/2022) • ICC Building Plans Examiner
William “Bill” Gardner
Elevator Inspector
Education • B.S., Business Administration – University of S. Dakota
Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Dean Gesualdo
Building Inspector
Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector
Roger Gier, CBO
Nevada Client Liaison Manager
Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001
Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector
Martin Haeberle, CBO
Senior Building Inspector
Plans Examiner
Chief Building Official
Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems -
Kansas City Technical College
Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist
Tom Haney, FPE, CBO
Plans Examiner Manager
Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Patrick Haniger
Building Inspector
Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo
Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector
Landan Hansen
Building Inspector
Plans Examiner
Education • Snow College, Ephraim Utah, 2005
Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector
Jeff Hedman, SE
Plans Check Engineer
Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University
Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203
Jody Hilton, CBO
Chief Building Official
Plans Examiner Manager
Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College
Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector
Richard “Rick” Hollander
Building Inspector
Education • IAEI Training Seminars
Licenses & Certifications • ICC Electrical Inspector
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Cody Illum
Building Inspector
Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Nicole Johnson
Permit Technician
Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California
State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received
Licenses & Certifications • ICC Permit Technician
Vincent “Vince” Juanitas
Building Inspector
Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector
Daniel “Dan” Kishpaugh
Senior Plans Examiner
Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004
Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner
Terry Knox, MBA
Director, Business Development
Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business
Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection
Awards • Helen Putnam Award for Excellence for Government Efficiency and
Responsiveness • California Building Official (CALBO) Hall of Fame
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Dean Kuenzi, CBO
Plans Examiner
Building Inspector
Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College,
Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present
(Expected 2022)
Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector
David Logsdon
Plans Examiner
Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial
Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jerry Long
Building Inspector
Plans Examiner
Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College
Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector
Xin Lui, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science,
University of Science and Technology of China
Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698
Alain Mamada, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg
Licenses & Certifications • Registered Professional Engineer State of California. No. 1935
James “Jim” McGinley
Building Inspector
Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego
State University • Construction Practices and Procedures, San Jose State University College of
Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego
State University College of Extended Studies
Licenses & Certifications • ICC Building Inspector
Kurt McMullin, PE, Ph. D
Plan Check Engineer
Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University
Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Hope Medina, CBO
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy
Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist
Russell Mora
Plans Examiner
Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector
Adam Mulford
Elevator Inspector
Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety,
Conveyance Section
Christian Ng, FPE
Fire Protection Engineer
Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD
Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132
Lisa O'Malley
Plans Examiner
Licenses & Certifications • California Building Plans Examiner
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Josephine Ortega AIA, CBO, LEED
AP
Senior Plans Examiner
Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August
1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology,
University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University
Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service,
#60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program),
Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector
Randy Pabst
Elevator Chief Inspector
Education • University of Colorado at Boulder, Bachelor of Arts, 1975
Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety
Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Lloyd Parry
Building Inspector
Education • Business Degree
Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector
Jeffrey Paterson, FPE
Fire Protection Engineer
Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis
Licenses & Certifications • CA Registered PE, No. 1926
Ed Paxton
Building Inspector
Education • Trade Teck Welding School
Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector
James “Ed” Pehrson
Plans Examiner
Building Inspector
Education • Building Inspection coursework, Davis Applied Technology Center, Utah
Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector
Diana Perkins, CBO
Senior Plans Examiner
Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco
Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Rosario “Russ” Perrone
Senior Building Inspector
Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector
Mark Ptashkin, CBO
Electrical Plans Examiner
Chief Building Official
Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector
Daniel “Dan” Reardon
Building Inspector
Plans Examiner
Education • BS Mathematics / Emphasis in Secondary Education, University of Northern
Colorado, 1987 – 1991
Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner
Gil Rossmiller
Building Inspector
Plans Examiner
Instructor
Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner
Douglas “Doug” Rykerd
Combination Inspector
Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering,
1985 - 1987
Licenses & Certifications • ICC Commercial Building Inspector
Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector
AJ Smith
Building Inspector
Education • Master of Management/ Public Administration, University of Phoenix, May
2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern
Utah University, May 2005 • Associates of Science, Snow College, December 2002
Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector
Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Matt Tate
Building Inspector
Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector
Stephen “Steve” Thomas, CBO
Colorado Regional Manager
Educational Director
Instructor
Chief Building Official
Building Inspector
Plans Examiner
Education • B.S. in Business Administration - University of Phoenix - Thesis: “The
Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978
Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist
Thor Toepfer
Building Inspector
Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector
Mariam Umair, EIT
Plan Check Engineer
Education • M.S., Structural Engineering - San Jose State University Graduated: December
2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila,
Pakistan Graduated: August 2010
Licenses & Certifications • Licensed EIT
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Jason Van Ausdal, CBO
Building Inspector
Plans Examiner
Instructor
Education • Associates in Business Administration and Management, Stevens Henegar
Business College, 1995-1997
Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector
Christopher Vasquez
Elevator Inspector
Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983
Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368
Daniel “Dan” Weed, CBO
Chief Building Official
Building Inspector
Plans Examiner
Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California
Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector
Robert Wheeler, FPE
Fire Protection Engineer
Education • B.S. Fire Protection Engineering, University of Maryland
Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638
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Appendix
Team Member/ Job Title Certification / License / Affiliations
Heather Whitaker
Plans Examiner
Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner
Pamela “Pam” Whitaker-Sowell
Permit Technician
Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018
Licenses & Certifications • ICC Permit Technician • California State Notary
Myron Williams
Building Inspector
Plans Examiner
Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000
Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector
EXHIBIT B
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHUMS CODA ASSOCIATES, INC.
[Scope of Work]
BUILDING, FIRE, AND CIVIL PLAN REVIEW SERVICES provided are to ensure compliance with all applicable codes, standards and project specifications as adopted by the Town of Fountain Hills. Plan Review Services shall include evaluations of the construction documents for compliance under the disciplines of Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Accessibility, Civil, and Life Safety . The Town of Fountain Hills will be reviewing Planning & Zoning submittals. Building Official, Town Engineer, and Fire Marshal to be consulted as needed during review to ensure compliance with codes and local amendments. Plan review will be electronic with submissions coming to and from the Consultant going through the Town. First submittal plan review in any discipline to be completed within three calendar weeks. All subsequent reviews within two calendar weeks. Upon approval, permit issuance is required by the Town.
INSPECTION SERVICES provided are to ensure compliance with all applicable codes, standards and project specifications. Inspection Services include; daily field observation reports documenting any issues that arise on-site, reporting any defects, deficiencies, and quality issues or concerns, attendance of requested project meetings, and photographs of work being performed during the course of the construction schedule. Building Inspection services include monitoring construction for adherence to the requirements listed on the approved construction documents under the disciplines of Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Accessibility, Civil, Landscaping, and Life Safety. Inspections will be logged using the Town’s electronic inspection system. All inspections to be completed the next business day. In addition to the inspections specified in IBC Sections 110.3.1 through 110.3.7, Consultant or the Town of Fountain Hills, are authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the adopted codes and other laws that are enforcement by the Town of Fountain Hills.
PROJECT MANAGER SERVICES provided are to ensure compliance with all applicable codes, ordinances, standards and project specifications as adopted by the Town of Fountain Hills. Services include requested attendance of project meetings, review of RFI’s and ASI’s, coordination and communication with project team representatives, project oversight for services, identify any non- compliance and/or design issues and assist with recommendations and alternatives for resolutions, and interface with all other agencies and departments.
ADMINISTRATION SERVICES include processing and scheduling requests and field reports, project document control, processing review letters, distribution and coordination to the project team, permit tracking, records management, and quality assurance of project documents.
SCOPE1.Scope of Work
2. Payment StructureDeveloper shall:a)Pay any costs exceeding the Building Permit Fee plus 20% Administrative Fee as invoiced by the Townb)Pay any invoice from the Town within 30 days per Section 4, "Payments"c)Pay the Town an additional fee of 1% on outstanding balances over 30 calendar days past due; past due balances will also result in all inspection work ceasing until all outstanding balances are paid
EXHIBIT C
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHUMS CODA ASSOCIATES, INC.
[Fee Schedule]
See following pages.
Town of Fountain Hills, AZ
Building Plan Review & Inspection Services
Building Life-Safety Services
Building Plan Review Services
Fees for comprehensive plan reviews, performed at SCA offices, will be equal to Sixty- Five percent (65%) of the plan review fees as calculated per the jurisdiction. The Town of Fountain Hills will provide SCA with jurisdiction calculated plan review fees (per project phase of review) for use in calculating SCA’s fees. In return, invoicing will be done on a monthly basis with detailed description of each project. The above fee covers all services associated with the typical plan review, including a first, second and quick third review to approve projects. Extensive plan reviews (longer third reviews or more) will be charged on an hourly rate shown below. When hourly rates are to be applied, SCA will notify Fountain Hills through the completion of the third review comment letter, and would anticipate directly from the Town staff as to how to resolve the final comments in the most expeditious manner possible. Pre-application, pre-construction, or additional meeting attendance that is necessary for unusual or complex projects shall also be charged at the same hourly rate schedule. SCA reserves the right to determine the appropriate level staff member for the hourly plan review items that may occur, but will attempt to utilize the most economical rate based on the complexity of the review. Personnel Description Hourly Billing Rate
Senior Plan Review Engineer/Architect $100 Plan Review Engineer/Architect $95 Senior Plans Examiner $90 Plans Examiner (residential, fire code and fire protection systems – not FPE or WUI) $80 Turnaround Schedule
SCA will generally complete standard plan reviews per the following schedule:
Number of Working Days
Initial Check (1st): Recheck(s):
Residential
Single-Family Dwellings New/Addition/Remodel 10 5 New Multi-Family Townhomes/ Apartments (Standard) 10 5 New Multi-Family Apartments (Large Scale) 15 10
Non-Residential
New Multi-Building Campus 15+ 10
New Building 15 10
TI 10 5 These review times are based on typical plan submittals, but this being a phased and specific project, and more complex in nature, is anticipated to require some minor adjustments to the general turnaround schedule. If an expedited plan review is requested, the turn-around time could be as quickly as a single day, but these types of review schedules are typically determined based on the complexity of the phase of the project and the availability of SCA staff to complete the review. Building Inspection Services
The scope of inspection services to be provided for this project will be determined mutually by Shums Coda Associates Regional Manager and the Chief Building Official. Inspector(s) provided to the town will report directly to the Chief Building Official or other person designated by the Town of Fountain Hills for all project-related work. Fees for inspection services shall be billed hourly based on the rates below: Personnel Description Hourly Billing Rate
Supervising Inspector / Inspector of Record $100 - 115 Senior Inspector $80 - 90 Inspector II $70 - 80 Inspector I $60 - 70 Inspector In-Training $45 - 60
Town of Fountain Hills, AZ
Building Plan Review & Inspection Services
Building Life-Safety Services
Other Services
The scope of services to be provided will be defined uniquely for each project or as determined mutually by Shums Coda Associates and the Chief Building Official. We provide the following hourly rates to cover these services as requested by the Town of Fountain Hills: Personnel Description Hourly Billing Rate
Acting/Deputy Building Official $110 Senior Fire Protection Engineer/Inspector $150 Fire Protection Engineer/Inspector $140 Fire Inspection/Level II Suppression Systems $100 - 120 Permit Technician $55 Clerical $40
Overtime
Overtime will be not be charged for any plan review services billed at the hourly rate, while inspection and other services will be charged at 150% of the standard hourly rates, but only when mutually agreed upon with the City of Fountain Hills.
EXHIBIT D
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
SHUMS CODA ASSOCIATES, INC.
[Work Order]
See following pages.
ITEM 8. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/03/2022 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE
DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative
Bulletin(s) or relating to any action proposed or pending before the State Legislature.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The
goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to
provide direction, if any, to staff to communicate the Town's position on the bills. Each Council meeting
the Legislative Bulletin will be attached to the Town Council agenda which will include legislative
analyses of the bills and their impacts on municipalities. The Mayor and Council will have an
opportunity to review the bills that are under consideration in the Arizona State Legislature and provide
direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of
interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
Last November the Town Council approved the 2022 Legislative Policy Agenda which identified the
major legislative priorities of the Town Council. The 2022 Legislative Policy Agenda document and the
most recent Legislative Bulletins will also be included during the 2022 Legislative Session.
Related Ordinance, Policy or Guiding Principle
Council adopted 2022 Legislative Policy Agenda
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
2022 Legislative Policy Agenda
Bulletin - Issue 13
Bulletin - Issue 14
Bulletin - Issue 15
Form Review
Form Started By: Elizabeth A. Klein Started On: 04/26/2022 07:33 AM
Final Approval Date: 04/26/2022
1
2022 State Legislative Agenda
The Town Council of Fountain Hills
Prepared by
Jack W Lunsford
The Lunsford Group
2
Mission
To enrich and provide an active quality of life for all residents and visitors through proactive
community engagement, resolute stewardship of amenities and open spaces, and the
enhancement of the overall health and well-being of our town.
Strategic Priorities
The Fountain Hills Strategic Plan is based on the following key goals or strategic priorities:
Maximizing Economic Development Opportunities in Fountain Hills
o Ensuring that Infrastructure in Fountain Hills is Well-Maintained and Safe
o Attracting Families and Working Professionals
o Ensuring that Fountain Hills Finances are Stable and Sustainable
o Focusing on Strengthening the Community and Improving the Town’s Quality of Life
2022 Legislative Resolutions
League of Arizona Cities and Towns
(Endorsed and Supported)
AMEND state statute to specify a period when cities and towns may prohibit the use of
permissible fireworks and modify definitions of illegal and permissible fireworks.
AMEND statute to allow cities and towns to amend their budgets after the initial budget
has passes while following notice and hearing statutes and with strong oversight and
approval requirements.
SEEK legislative and/or non-legislative solutions, working with housing and homeless
advocates, the Department of Housing, and state legislators, to provide local
governments, regional partners, and continuum of care providers additional resources to
combat street homelessness in our communities.
SIMPLIFY the statutory mechanisms to dissolve water and wastewater districts once
an area incorporates or gets annexed to relieve the tax burden on the citizens, if the town
or town provides the same service that had been performed by the district, or the district
service is no longer needed.
3
Town of Fountain Hills
2022 State Legislative Agenda
CORE PRINCIPLES
Preserve Local Funding
PROTECT State-Shared Revenues – Arizona voters have prohibited municipalities from
collecting a local income tax and luxury taxes and, in exchange, have authorized the
establishment of an urban revenue-sharing distribution of state income taxes to municipal
governments. Currently that percentage is 15%, however in 2021 the Legislature passed
SB1828 which increased revenue-share percentage to 18%, effective in fiscal year 2023-2024.
SB1828 is now on hold pending a final ruling from the Arizona Supreme Court as to the
constitutionality of this and other 2021 legislative actions and, depending on the outcome, this
could put pressure on the Arizona Legislature to revisit the provisions of the new law.
Preserve Local Control
OPPOSE Preemption of Local Authority – The Town strives to preserve local control so that
its citizens can self-govern in their best interest. Every legislative session legislation is
proposed that creates unfunded mandates on cities and towns and/or preempts the ability of
municipal councils to set policy through ordinances and regulations at the local level which are
in the best interest of their citizens and taxpayers. Often times this is a “one-size-fits-all”
legislative approach that doesn’t consider the differences in municipalities or the priorities of the
residents. Such efforts should be opposed.
2021 Key Positions
PRESERVE the current minimum urban revenue sharing percentage for cities and towns
at 15%.
OPPOSE legislation to modify or expand legislative authority to seek SB1487
investigations by legislators pertinent to municipal authorities and to expand any
applicable penalties.
SUPPORT legislation addressing the negative impacts short-term rental properties can
have on adjacent properties and neighborhoods.
SUPPORT legislation that at a minimum will prohibit, on all days, the use of permissible
consumer fireworks between the hours of 10:00 PM and 8:00 AM.
4
LEGISLATIVE POLICY STATEMENTS
LOCAL GOVERNMENT
OPPOSE legislation to modify or expand legislative authority to seek SB1487
investigations by legislators pertinent to municipal authorit y and to expand any penalties.
SUPPORT legislation that further limits SB1487 provisions.
OPPOSE legislation that creates unfunded mandates for municipalities.
SUPPORT legislation on political signs to comply with Reed v. Town of Gilbert U.S.
Supreme Court decision.
LOCAL GOVERNMENT FINANCE
OPPOSE legislation that reduces or negatively impacts the collection of transaction
privilege tax (TPT), State Shared Revenues, or other local revenues.
OPPOSE changing the imposition of construction sales taxes to “materials only” or other
methods that do not equitably return those revenues to where the construction activity
occurs.
NEIGHBORHOODS and QUALITY OF LIFE ISSUES
SUPPORT legislation providing additional tools and remedies for municipalities to
regulate short-term rentals in their communities.
OPPOSE legislation that would limit or curtail the Town’s current zoning authority,
particularly in residential areas.
OPPOSE legislation that would prohibit or eliminate the transaction privilege tax on the
renting or leasing of real property for residential purposes.
OPPOSE legislation that preempts a city or town from establishing or enforcing its
ordinances regulating tobacco, vapor, or alternative nicotine products.
5
PUBLIC SAFETY
OPPOSE legislation that negatively impacts the Town’s Fire Code or its ability to enforce
its Fire Code provisions.
OPPOSE legalizing additional fireworks or other changes that would increase the risk of
fires to businesses, neighborhoods, residents and the McDowell Mountain Preserve.
PRESERVE local control authority that allows cities and towns to regulate the use and
discharge of firearms within municipal boundaries.
TRANSPORTATION
SUPPORT extension of ½-cent sales tax to support regional transportation projects in
Maricopa County.
SUPPORT the continued viability of Highway Users Revenue Fund (HURF) funding to
cities and towns.
AZ League Legislative Bulletin: Issue 13 - April 8, 2022
Legislative Update:
Today is the 89th day of the legislative session, and to date, the Legislature
passed 146 bills. Of those measures, the Governor has signed 118 bills, 28 await
his action, and none have been vetoed.
For perspective, 1,764 bills were introduced this session, plus 143 memorials or
resolutions. Of these measures, 415 have passed the opposite chamber’s
committees and remain alive pending the Rules committee or floor action.
The House Rules Committee has 75 senate measures pending consideration,
while Senate Rules has 91 house bills awaiting action. The Senate has 111 bills
ready for Committee of the Whole, while the House has 71 bills at this stage.
There are a total of 17 bills that are ready for Third Read, most of which are in the
Senate.
With committees no longer meeting, activity at the capitol has slowed. On
Monday, the House adjourned for three days, meeting only on Monday and
Thursday to consider a handful of measures. The Senate continued business as
usual, holding swift floor sessions throughout the week.
As we inch closer to the 100-day milestone, there is typically more discussion on
what a budget package may include. At this point, however, there does not appear
to be agreement on a spending proposal. This year’s budget process will be
impacted by the Supreme Court’s ruling in ASBA v Arizona, striking down portions
of last year’s budget for violating the constitution’s single-subject rule.
Finance Advisory Committee
The Finance Advisory Committee (FAC) met on Thursday to receive updates on
the latest revenue forecasts and economic conditions from the state’s budget
experts and economists. Joint Legislative Budget Committee (JLBC) staff shared
that the state’s General Fund revenues continue to exceed expectations.
Tax collections, mostly from TPT coupled with a trial court’s recent decision
deeming Prop 208 (the Invest in Education Act) unconstitutional bring the state’s
projected surplus to $5.27 billion. If the Prop 208 ruling stands, the state’s ongoing
revenues increase from $1.29 billion to $1.57 billion and one-time dollars are
estimated to be $3.7 billion.
JLBC director Richard Stavneak stated that while housing prices have increased
across the country they have increased more in Arizona. Local economist Jim
Rounds also highlighted housing affordability during his comments noting that
Arizona’s growth, regulatory environment and tax structure make the state
attractive for investors all of which has an impact on the housing market. As to
whether the increase in housing prices has affected Arizona’s competitive
advantage, that remains to be seen as businesses consider an array of factors
when deciding where to locate.
Linked below are the presentation materials from FAC as well as committee
footage:
FAC presentation materials
FAC footage
Fireworks
A measure to allow consumer fireworks to be sold on the days leading up to
Diwali, the Hindu festival of lights, has been brought forward by House Majority
Whip Leo Biasiucci (R-Lake Havasu City). HB 2255 would allow the sale of
permissible fireworks two days before the first day of Diwali through the third day
of Diwali each year. Concerning the use of fireworks, the measure allows
consumer fireworks on the second and third days of Diwali. While the date of
Diwali changes each year, it is generally observed between October and
November.
A 2019 measure (SB 1348) signed into law included the provisions of HB 2295
but with a sunset date of January 1, 2021. This year’s proposal seeks to make the
change permanent. The League did not take a position on HB 2255 as it moved
through the House. However, an amendment adopted in the Senate
Appropriations Committee raises serious concerns for cities and towns.
The amendment precludes counties and municipalities from regulating the use of
permissible fireworks if the fireworks are being used as part of a religious
ceremony. Because religious ceremonies are not defined, the amendment opens
the door for those wishing to abuse this exemption to claim their use of fireworks
is for a religious purpose. The amendment also precludes existing statute that,
among other powers, provides authority to prohibit the use of fireworks in the
wildland-urban interface during high fire risk.
The League is working to communicate our concerns on the amendment with
proponents of the change, lawmakers, and interested stakeholders. Passage of
the amendment in its current form would be a reversal of SB 1275, one of the
League’s resolutions this year to allow municipalities to prohibit fireworks during
overnight hours.
Wildfire Season Outlook
This week, Governor Ducey and wildfire officials held a press conference to stress
the importance of fire prevention. Last summer’s active monsoon season created
an abundance of grass that has since dried out and created a fuel-bed posing risk
for communities. The Governor highlighted the Arizona Healthy Forest Initiative.
The initiative is a multi-agency effort to reduce the risk of wildfires on federal lands
and neighboring communities.
Part of the initiative established a joint program between the Department of
Forestry and Fire Management (DFFM) and the Department of Corrections,
Rehabilitation, and Reentry to train low-risk inmates to manage vegetation for
post-sentence employment. The first class of 100 participants graduated from
training last month. The Governor’s executive budget proposes to allocate $36.2
million for phase II of the initiative and $16.8 million in ongoing funding for the Fire
Suppression Revolving Fund to DFFM. Monies in the latter fund are utilized to
reimburse localities and districts for expenses incurred while responding to
wildfires. Governor Ducey indicated he looks forward to working with the
Legislature to secure this funding.
2022 Session Timeline
Every session has deadlines pertaining to bill submissions and hearings. This
year, the schedule is as follows:
January
1/10 – First day of session
1/13 – House 7-bill Introduction Limit Begins (5 p.m.)
1/31 - Senate bill introduction deadline (5 p.m.)
February
2/7 – House Bill Introduction Deadline (5 p.m.)
2/14 - 2/18 – Last week to hear bills in the chamber of origin
March
3/21 – 3/25 – Last week to hear bills in the opposing chamber
April
4/15 – Last Day for Conference Committees
4/19 – 100th Day of Session
AZ League Legislative Bulletin: Issue 14 - April 15, 2022
Legislative Update:
Today is day 96 of the legislative session. Both chambers gaveled-in to consider light calendars
this week. On Tuesday, the House adjourned until Monday, April 18, and the Senate followed
suit on Wednesday. With one-vote margins in both the chambers, the Senate struggled to keep
the Republican majority in attendance this week and opted to hold off on considering partisan
bills for the time being.
The governor has signed 148 measures into law and has not vetoed any bills. There are 89
House bills pending the Senate Rules Committee, while 65 Senate bills await consideration in
the House Rules Committee. Twenty bills are ready for Third Read in the Senate, and two await
a vote in the House.
Today marks the end of the period for conference committee. However, lawmakers can always
motion to extend this timeframe in the future if the need arises.
Budget Outlook
Earlier this week, the House Rules Committee passed a motion to allow for the late introduction
of measures relating to revenues and expenditures. Capitol observers initially believed the
motion might indicate progress towards consensus on a budget package. House leadership
later shared, however, that the motion will allow the House to introduce budget bills whenever
they are ready but did not indicate when that may be.
With no consensus on a budget in sight, the capitol community waits in limbo as we near the
100-day milestone. Capitol journalists have speculated about the possibility of the legislature
taking up a "skinny budget" (a budget to fund ongoing spending, with no additional dollars for
new or existing programs). The prospects of such an option remain unclear as lawmakers from
both parties have publicly expressed they would not vote for a baseline budget for different
reasons. Some legislators would like to see the state's $5.2 billion surplus spent on K-12
education and homelessness, while others would like to see less government spending and
paying down of state debt.
The Senate President publicly indicated that the session could span into the summer if
lawmakers don't first address a proposal to accelerate the phase-in of a flat income tax. Another
issue on the table is the governor’s proposal to create the Arizona Water Authority, a new state
agency charged with finding new water resources for the state. In the governor’s State of the
State, he called for a billion-dollar investment to secure the state’s water future. The proposed
new agency paired with outlined goals for augmenting Arizona’s water portfolio will have fiscal
implications and would have to be considered in broader budget negotiations and discussions.
Vote Recount Margin
A measure to increase the threshold to trigger automatic recounts of close elections has
received bipartisan support from lawmakers. SB 1008 elections; recount margin replaces the
current automatic recount margin of a lesser of one-tenth of one percent or 10-200 votes with
an automatic trigger of one-half of one percent. Under current law, an automatic recount is
triggered for city and town offices if the number of votes cast between two candidates is less
than or equal to 10 votes. SB 1008 proposes to change the margin for all races or measures to
amend the constitution to one-half of one percent. Proponents of the measure argue that
increasing the margin is reasonable as it would align Arizona with practices in other states and
create uniformity for all candidates.
Elections for PCs, school district governing boards, community college district boards, fire
district boards, and other special districts would be exempt from the automatic recount margin.
The measure has the potential impact of delaying final results and increasing costs associated
with elections due to the additional time and personnel needed to conduct recounts. Lawmakers
on both sides of the aisle support the measure as they believe it is a sensible reform that will
strengthen voters' confidence in elections. SB 1008 passed the House Government & Elections
committee with unanimous support and is pending House Committee of the Whole.
2022 Session Timeline
Every session has deadlines pertaining to bill submissions and hearings. This year, the
schedule is as follows:
January
1/10 – First day of session
1/13 – House 7-bill Introduction Limit Begins (5 p.m.)
1/31 - Senate bill introduction deadline (5 p.m.)
February
2/7 – House Bill Introduction Deadline (5 p.m.)
2/14 - 2/18 – Last week to hear bills in the chamber of origin
March
3/21 – 3/25 – Last week to hear bills in the opposing chamber
April
4/15 – Last Day for Conference Committees
4/19 –100th Day of Session
From:League of Arizona Cities and Towns
To:Elizabeth Klein
Subject:AZ League Legislative Bulletin: Issue 15 - April 22, 2022
Date:Friday, April 22, 2022 9:31:29 PM
EXTERNAL EMAIL
View in browser
AZ League Legislative Bulletin: Issue 15 - April 22, 2022
Legislative Update:
Today is the 103rd day of the legislative session. Lawmakers have sent 199 bills
to the governor, and he has signed 163 measures into law. Except for bills with
an emergency clause, these measures will be effective 90 days after the
legislature adjourns sine die. Thirty-six bills await action from the executive, and
no bills have been vetoed.
Tuesday was the 100th day of session, which is generally used as a target for
marking the end or near end of the session. If lawmakers are still working past
the Saturday of the week on which the 100th day falls, lawmakers can vote to
extend the session by no more than seven days, with a majority vote in each
chamber. Motions to extend sessions are common. With no consensus on a
budget and several other policy areas topics, the Capitol community is bracing
for a longer than usual session this year.
Skinny Budget
On Monday, the House suspended its rules to allow for late introduction of 12
budget bills. The measures, HB 2841 – HB 2852, continue the current year’s
budget with adjustments for inflation and growth. This baseline budget has been
dubbed the ‘skinny budget’ as it would not add new or additional expenditures
besides those included in the previous year’s $13 billion budget. The measures
were considered in the House Appropriations Committee on Wednesday but
failed to garner sufficient votes to pass, with all 12 failing by a 6-7 vote.
Democrats on the committee voted against the measures arguing that the
package failed to provide sufficient funding to address needs across the state.
Representative Michelle Udall (R-Mesa) sided with Democrats in voting against
the skinny budget, citing vital funding not included in the introduced package,
such as funding for wildfire suppression and pay raises for child-welfare
workers. Representative Jake Hoffman (R-Queen Creek) also joined Democrats
in opposing the measures but for different reasons, citing concerns over
government spending.
Proponents of the skinny budget hoped the proposal would be an avenue to
continue government operations, which could be followed by continued
negotiations on additional funding measures. With lawmakers’ rejection of the
proposal, legislative leaders return to the drawing board as they seek to put
together a package that has sufficient support to pass. Issues top of mind
include education funding, water, changes to last year’s tax cut package, and
border security. Given the deep divisions amongst lawmakers, and the one-vote
majorities in both chambers, a rare bi-partisan budget could be on the horizon.
General Plan Amendments
A measure to require that all major amendments to a municipality’s general plan
be proposed for adoption at a public hearing within 12 months rather than at a
single public hearing during the calendar year has received bipartisan support.
HB 2482, sponsored by Representative Teresa Martinez (R-Casa Grande), was
a League resolution in 2021. Cities and towns support the bill as it allows for
additional flexibility in the timeline for which amendments to the general plan
may be proposed. HB 2482 has passed both chambers and was signed into law
this afternoon.
2022 Session Timeline
Every session has deadlines pertaining to bill submissions and hearings. This
year, the schedule is as follows:
January
1/10 – First day of session
1/13 – House 7-bill Introduction Limit Begins (5 p.m.)
1/31 - Senate bill introduction deadline (5 p.m.)
February
2/7 – House Bill Introduction Deadline (5 p.m.)
2/14 - 2/18 – Last week to hear bills in the chamber of origin
March
3/21 – 3/25 – Last week to hear bills in the opposing chamber
April
4/15 – Last Day for Conference Committees
4/19 – 100th Day of Session
Legislative Bill Monitoring
All bills being actively monitored by the League can be found by clicking the
link below.
Legislative Bill Monitoring
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