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Date posted: 3/28/13 Page 1 of 3 Time posted: 3:00 PM
Last printed: 3/28/2013 2:08 PM
NOTICE OF THE
REGULAR AND EXECUTIVE SESSIONS
OF THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. – REGULAR SESSION
EXECUTIVE SESSION - Council to convene in the Fountain Conference
Room, located on the 2nd floor, immediately
following the Regular Session Adjournment
WHEN: THURSDAY, APRIL 4, 2013
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 o r by telephone conference call; a quorum
of the Town’s various Commissions or Boards 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.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: 3/28/13 Page 2 of 3 Time posted: 3:00 PM
Last printed: 3/28/2013 2:08 PM
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
ii) The Mayor will read a proclamation proclaiming April as Volunteer Month in the
Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) PRESENTATION by Chris Coyle, Phoenix General Manager for Republic
Services, regarding their implementation of the Wrypple Rewards Program.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), 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.
CONSENT AGENDA ITEMS (1 – 5)
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss
an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be
removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
March 7, 2013.
2. CONSIDERATION of RESOLUTION 2013-18, granting a Public Utility Easement (P.U.E.)
over a portion of Tract A of the Parcel 12 subdivision (a Town-owned parcel located at the
southeastern corner of the Saguaro Boulevard and El Lago Boulevard intersection). This
P.U.E. is located near the northeastern corner of Tract A, and was requested by CenturyLink
to be able to place several utility cabinets there.
3. CONSIDERATION of accepting the FINAL AREA AGENCY ON AGING CONTRACT
for Services Agreement from July 1, 2012, and ending December 31, 2012.
4. CONSIDERATION of renewing the contract with CliftonLarsonAllen LLC for ANNUAL
FINANCIAL AUDITING SERVICES for the three year period ending June 30, 2013 through
June 30, 2015.
Date posted: 3/28/13 Page 3 of 3 Time posted: 3:00 PM
Last printed: 3/28/2013 2:08 PM
5. CONSIDERATION of an APPLICATION FOR A PERMANENT EXTENSION OF
PREMISES/PATIO PERMIT submitted by Juan Gabriel Gonzalez Torres, for the purpose of adding
outside patio service associated with FHI ES D Nos LLC DBA Senor Taco, located at 13525 N.
Fountain Hills Blvd., Suite 101, Fountain Hills, AZ. This is for a permanent change of area.
REGULAR AGENDA ITEMS
6. PUBLIC HEARING regarding ORDINANCE #13-03, amending the Fountain Hills Zoning
Ordinance, Chapter 6, relating to sign regulations. If adopted, the amendment would revise
the circumstances under which promotional banners may be used by businesses.
7. CONSIDERATION of ORDINANCE #13-03, amending the Fountain Hills Zoning
Ordinance, Chapter 6, relating to sign regulations. If adopted, the amendment would revise
the circumstances under which promotional banners may be used by businesses.
8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included
in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to
any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council:
A. NONE.
10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
11. ADJOURNMENT.
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:
Pursuant to (i) A.R.S. §38-431.03(A)(1), 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 (Specifically, the Town Manager’s evaluation).
2. ADJOURNMENT
DATED this 28th day of March, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480 -816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda 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.
Date posted: 3/28/13 Page 1 of 3 Time posted: 3:00 PM
Last printed: 3/28/2013 2:08 PM
NOTICE OF THE
REGULAR AND EXECUTIVE SESSIONS
OF THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. – REGULAR SESSION
EXECUTIVE SESSION - Council to convene in the Fountain Conference
Room, located on the 2nd floor, immediately
following the Regular Session Adjournment
WHEN: THURSDAY, APRIL 4, 2013
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 Commissions or Boards 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.
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk
prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber
Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their
name prior to commenting and to direct their comments to the Presiding Officer and not to individual
Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when
called, the speaker will be deemed to have waived his or her opportunity to speak on the matter.
Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their
time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be
waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to
a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Date posted: 3/28/13 Page 2 of 3 Time posted: 3:00 PM
Last printed: 3/28/2013 2:08 PM
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
ii) The Mayor will read a proclamation proclaiming April as Volunteer Month in the
Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) PRESENTATION by Chris Coyle, Phoenix General Manager for Republic
Services, regarding their implementation of the Wrypple Rewards Program.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), 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.
CONSENT AGENDA ITEMS (1 – 5)
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by
one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include
all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss
an item on the consent agenda, they may request so prior to the motion to accept the Consent Agenda. The item will be
removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
March 7, 2013.
2. CONSIDERATION of RESOLUTION 2013-18, granting a Public Utility Easement (P.U.E.)
over a portion of Tract A of the Parcel 12 subdivision (a Town-owned parcel located at the
southeastern corner of the Saguaro Boulevard and El Lago Boulevard intersection). This
P.U.E. is located near the northeastern corner of Tract A, and was requested by CenturyLink
to be able to place several utility cabinets there.
3. CONSIDERATION of accepting the FINAL AREA AGENCY ON AGING CONTRACT
for Services Agreement from July 1, 2012, and ending December 31, 2012.
4. CONSIDERATION of renewing the contract with CliftonLarsonAllen LLC for ANNUAL
FINANCIAL AUDITING SERVICES for the three year period ending June 30, 2013 through
June 30, 2015.
Date posted: 3/28/13 Page 3 of 3 Time posted: 3:00 PM
Last printed: 3/28/2013 2:08 PM
5. CONSIDERATION of an APPLICATION FOR A PERMANENT EXTENSION OF
PREMISES/PATIO PERMIT submitted by Juan Gabriel Gonzalez Torres, for the purpose of
adding outside patio service associated with FHI ES D Nos LLC DBA Senor Taco, located at
13525 N. Fountain Hills Blvd., Suite 101, Fountain Hills, AZ. This is for a permanent change
of area.
REGULAR AGENDA ITEMS
6. PUBLIC HEARING regarding ORDINANCE #13-03, amending the Fountain Hills Zoning
Ordinance, Chapter 6, relating to sign regulations. If adopted, the amendment would revise
the circumstances under which promotional banners may be used by businesses.
7. CONSIDERATION of ORDINANCE #13-03, amending the Fountain Hills Zoning
Ordinance, Chapter 6, relating to sign regulations. If adopted, the amendment would revise
the circumstances under which promotional banners may be used by businesses.
8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item included
in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN or relating to
any ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Ken Buchanan.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council:
A. NONE.
10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
11. ADJOURNMENT.
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:
Pursuant to (i) A.R.S. §38-431.03(A)(1), 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 (Specifically, the Town Manager’s evaluation).
2. ADJOURNMENT
DATED this 28th day of March, 2013.
_____________________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting
or to obtain agenda 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.
My Republic Rewards – Powered by Wrypple
City Council Update – April 4th, 2013
Fountain Hills Town Hall
Chris Coyle, Republic Services
Rob Gensch, Wrypple Rewards
Fountain Hills Project
•Summer 2012 Republic seeks solution for point donations
•October 2012 Republic/Wrypple meet with FH team
•November 2012 Chris Coyle presents Council Wrypple option
•December 2012 Wrypple presents comprehensive solution, Council provides feedback
•January 2013 Republic/Wrypple follow up w/ Raymond Rees
•February 2013 Republic/Wrypple meet to identify timing and needs for easy transition and
resident engagement
•April 4, 2013 Republic/Wrypple present transition plan
•June 1, 2013 Planned transition date to My Republic Rewards, powered by Wrypple
Title Only
Recyclebank Wrypple
Number of Reward Partners
(within 20 mile radius) 194 711
National Gift Card Partners <10 200+
Who Earns Points Reg. HH that Report All Registered HH,
every pickup
Access to Rewards Limited to Points Unlimited
Donate Points to Non-Profits No Yes
Hotel Travel Offers No Yes
Customized Muni Site Content
(Articles, Initiatives, Pictures, etc.) No Yes
Average Restaurant Savings Avg. 20%
($5 off $25)
Avg. 40%
($10 off $25)
National Golf Course Discounts No Yes
(4,000 up to 70%)
On-going Local Project Plan & Fund
Working with Hauler and Muni) No Yes
Rewards Comparison
On Line Content
Rewards Locator
1908600.1
ORDINANCE NO. 13-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING
ORDINANCE, CHAPTER 6, RELATING TO SIGN REGULATIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Fountain Hills Zoning Ordinance, Chapter 6, (Sign Regulations), Section
6.08 (Signs Allowed or Required), Subsection D (relating to event banners, balloons and pennants) is
hereby deleted in its entirety and replaced with the following:
D. Banners, Balloons and Pennants are allowed as follows:
1. Time limitations:
a. On a one-time basis for a maximum of thirty (30) consecutive days
during the grand opening of a business, a Chamber of Commerce
sponsored ribbon cutting, a change in ownership, change in
management or change of business name.
b. For a church for up to thirty (30) consecutive days for the purpose of
promoting a program or event.
c. On a recurring basis with advance notification to the Town for not
more than two periods of seven (7) consecutive days per month. The
provisions of this paragraph 6.08(D) shall expire on December 31,
2014.
2. Number/Size limitations:
a. Not more than one banner shall be allowed per business.
b. Maximum banner sign area is thirty-two (32) square feet.
c. Total sign area, including permanent signs, pennants and banner signs
shall not exceed 200% of the permitted sign area.
d. No balloon may be larger than twenty-four (24) inches in diameter.
3. Location limitations:
a. Banners, balloons or pennants shall be located on the business
storefront or within the area leased by the business. Balloons
otherwise located shall be not less than four (4) feet from the face of
the building and within twenty (20) feet of the main building
entrance.
1908600.1
2
b. Banners, balloons or pennants shall not be displayed in the required
perimeter street landscaping.
c. Banners, balloons or pennants shall not obscure building address
numbers.
d. Banners, balloons or pennants shall not encroach within onsite fire
lanes.
e. Banners, balloons or pennants shall not be attached or hung on or
from a tree or shrub.
f. Balloons shall not be flown higher than six (6) feet from the ground.
g. Banners, balloons and pennants shall not be erected at the intersection
of any street or pedestrian walkway in such a manner as to obstruct
free and clear vision, nor at any location where, by its position, shape
or color, it may interfere with or obstruct the view of or be confused
with any authorized traffic signal, sign or device.
4. Banners, balloons or pennants shall not be designed to depict any product or
service that cannot legally be provided in the Town.
5. Banners, balloons or pennants shall be professionally manufactured.
1908600.1
3
*Town notification:
1. Outdoor Events/Promotions. Prior to the event or promotion, the organizer must submit for
review the following:
a. A site plan, showing locations for outdoor activities, including tables, displays or
other items intended to be displayed outside.
b. A description of the size, material and location on the building for any banner to be
used.
c. The dates and times the banner and outdoor items will be displayed.
d. The name, address, and phone number of the organizer.
2. Indoor Events/Promotions. Prior to the event or promotion, the organizer must submit for
review the following:
a. A description of the size, material and location on the building for any banner to be
used.
b. The dates and times the banner will be displayed.
c. The name, address, and phone number of the organizer.
TYPE OF EVENT SIGN TYPE
Banners Balloons & Pennants
Banners, Pennants &
Balloons
Grand Opening 30 Days w/Permit
1. 12 Hrs during one
Day Event
2. No Permit Necessary
Chamber Ribbon Cutting 30 Days w/Permit
1. 12 Hrs during one
Day Event
2. No Permit Necessary
Change of Business Name,
Owner or Management 30 Days w/Permit
1. 12 Hrs during one
Day Event
2. No Permit Necessary
Church Event 30 Days w/permit 1. Permit Required
Any Type of Event or
Promotion
- Two periods of seven
(7) consecutive days
per month
- No Permit Necessary
- Town Notification
Required *
1908600.1
4
SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason to be held invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions thereof.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
April 4, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
Issue 11 - M arch 22, 2013
Legisla tiv e Ov erv iew
To day marks th e 68th day o f th e First Re gular Sessio n o f the 51st Legislature. Co mmitte e s h ad exten sive hearings in
an atte mpt to c omplete their labo rs within the timeframe allotted by rule. Ne xt wee k, if standard prac tic e
c o ntinu e s, o nly the Appro priation s c o mmittee s will c o nside r legislatio n.
Cha nges to T ra nsa ction Priv ilege T axes (T PT)
Altho ugh disc ussio ns o n tax simplific atio n c o n tin ued th is we ek, HB 2111 (in ve stmen ts; pu blic mo nie s) was he ard in
the Sen ate Financ e Co mmittee o n We dne sday. The bill was amen ded with a strike-e ve ryth ing ame ndment that
mirro r e d th e langu age o f HB 2657 (tr an sac tio n privile ge tax c h ange s). Th e ame nd me nt was fu rth e r amen ded to
c h ange the pro visio n s relating to state audito rs and prime c o n trac ting TPT. Th e c h anges c o ntaine d in th e
amen dme n t do no t re flec t a fin al c o mpr o mise or d e al o n tax simplific atio n. The Leagu e c o ntinue s to be ac tively
en gaged in nego tiatio n s with the goal o f c rafting a viable so lution fo r all parties.
In respo n se to the de ve lo pments in th e Senate, th e Le ague h as r e leased a c o mpreh ensive pr o po sal on tax
simplific atio n, inten de d to de mo nstr ate th e c o mmitme nt o f c ities an d to wns to simplify o ur tax system, but do so in
a man n er th at is effic ie n t and so un d. The mu nic ipal pro po sal pro vides a single po int o f lic en sin g, r e mittan c e an d
auditin g th ro ugh DO R an d studies th e issue o f prime c o n trac ting in o rde r to gathe r vital info rmatio n befo re mo ving
fo rward with a c han ge in tax polic y with unc ertain re su lts. The p ro po sal was reve ale d at a press c o n feren c e o n
We dn e sday. Th e Leagu e thanks th e mayo rs who atte nde d and spo ke at th e even t. Details o f the p ro po sal c an be
fo un d h e r e .
Dedica ted Property Ta x
O n M o n day, the Ho u se Co mmittee o n Ways & M e ans appr o ved SB 1470 (dedic ated pro pe r ty tax) with a same subjec t
strike -everything ame ndme nt. The str ike -e ve rythin g amen dmen t c o mbin es the pro visio n s o f SB 1470 and HB 2544.
Sinc e o ne bill proh ibits a c e rtain ac tio n (HB 2544) an d th e o th er allo wed re lief to add re ss wh at wo u ld be pro hibite d
(SB 1470), stakeh o ld e r s agre ed th at c o mbining bo th bills wo uld e nsure that imple me ntatio n pro c e dures c o uld be
more fully c o ntemplate d. The bill n o w pro h ibits mu nic ipalities fro m asse ssin g a mun ic ipal-wide tax o r fe e again st
property o wn ers based o n the size o r value o f the pro pe r ty, and allo ws mu nic ipalities that do n o t c u r re n tly impo se a
property tax to levy pro perty taxes de dic ate d to the c o sts of p ro viding po lic e , fir e , and eme r ge nc y medic al
servic es. The Leagu e re gistered ne utr al o n the bill.
Ala rm Regula tions
HB 2185 (alarm busine sses; alarm age nts), spon so r e d by Re p. Kare n Fann (R - Pr e sc o tt), passed the Se nate
Co mmerc e , En ergy an d M ilitary Co mmittee o n M ar c h 20 by a vo te o f 5-1. The re was in itially go in g to be an
amen dme n t o ffered wh ic h the Leagu e an d c ities oppo se d; th e ame nd me nt wo uld have dro pped the requ ire men t fo r
fin gerprint bac kgro u n d c h e c ks fo r alarm installe rs. Bu t it was ne ve r o ffered an d th e bill we nt thro u gh. Th e
stake ho lders are to me et and see if th ey c an c o me to a c o mpromise o n an amendmen t be fore the bill go e s to th e
flo o r.
Energy Efficiency Building Codes
Earlier in th e we ek, the Hou se Co mmitte e on En e r gy, Enviro nme n t an d Natural Reso u rc es defe ate d SB 1321
(resid e ntial ene rgy e ffic ie nc y; building c o des). O n Thu rsday, the Sen ate Co mmitte e o n Go vernme nt & En viron men t
appr o ve d a strike -eve rythin g amendmen t to HB 2404 c o n taining th e pro visio ns of th e de fe ate d SB 1321. This bill
proh ibits po litic al subdivisio ns fro m r e gulating e ne rgy c o nsumptio n and e ffic ien c y in ho mes be yo nd wh at is
establishe d by state law. It c reates c limate zon es fo r e ac h o f the c o un tie s and spe c ific effic ie nc y ratin g sc o re s are
establishe d fo r eac h o f th e zo n es. The Leagu e o ppo se d th e o rigin al b ill and the strike-e ve ryth ing ame ndme nt.
Rev enue Allocation Districts
HB 2456 (re venu e allo c atio n distric ts) saw ac tion in two c o mmitte es th is wee k. It p assed the Se nate Co mmittee o n
Finan c e o n Wedn esday an d th en passe d th e Senate Co mmittee on Go ve rn ment & En viro n men t on Th ursday. Th e bill,
spon so r e d by Repre se ntative Phil Lo vas (R-Peoria), autho rizes c o mmun itie s to finan c e de velopmen t fo r a spec ific
area ac c o rding to a c itize n appro ve d de ve lo pme nt plan. Spec ific ally, it allo ws c ommu nities to c apture inc re mental
loc al p ro perty tax re ve n ue s and lo c al sales tax reven ue s to fund de ve lo pme nt pro je c ts within th e bo u n daries o f th e
mun ic ipalitie s in wh ic h th ey are loc ate d. Th e Le ague has a re so lutio n su ppo rtin g this issu e.
HOA Prohibition
HB 2292 (ph o to rad ar c itatio n s; servic e times) was th e subjec t o f a strike e ve ryth in g ame ndme nt o n M arc h 18
regardin g a proh ibitio n o n ho me o wn e r s' asso c iatio ns. Th e bill was similar to a measure (SB 1365) th at was defe ate d
last wee k in the Ho use Go ve rnmen t Co mmittee . Howe ve r , th e strike r o n HB 2292, sp o nso red by Sen . Ric k M u rphy (R
- Pe o ria), do es allo w fo r so me ability o f c ities an d to wns to h ave plan n ed c o mmun itie s in the ir bo u n daries for th e
pu rpo ses o f maintainin g c o mmun ity pro pe rty. Howe ve r , it also state s th at mun ic ipalitie s shall c re ate o r dinan c es an d
proc edu r e s fo r c o nven tio n al reside ntial subdivisio ns. HB 2292 passed th e Se nate Judic iary Co mmitte e by a vo te o f 5-
2, with two not votin g. Th e bill n o w pr o c e e ds to th e Rule s Co mmittee .
Professiona l Serv ices Indemnification
SB 1231 (public bu ildin gs; c o nstru c tio n ; in de mnity) passe d th e Ho use Co mmittee o n Go ve rnmen t th is we e k. Th e bill
regu late s indemnity pro visio ns c on tain ed in c on trac ts with pro jec t d e sign pro fe ssio n al. Th e pro po ne n ts o f th e bill
have bee n wo rking with a nu mber o f public agenc y stake ho lders, in c lu ding the Le ague , to addre ss c o n c e rn s an d
impro ve th e bill. It no w mo ves o n to th e Ho use Co mmitte e o f th e Who le .
Other Bills of Note
(All b ills bein g ac tively mo nito red by th e Le ague c an b e fo un d h ere.)
Bi ll Number - Short Ti tl e - Subject(s)
HB 2113: NO W: size ; e xc e ptio n; mun ic ipal ann exatio n - an ne xatio n
HB 2138: mu nic ipalitie s; right-o f-way; tr an sfer - ann exatio n
HB 2280: e mploye e ben e fits; state pre e mptio n - re gulatio n
HB 2292: s/e: zo nin g p ro h ibition s; plan ne d c o mmun itie s - ge ne ral go vernme nt
HB 2324: NO W: c o mmerc ial lease e xemptio n - fin anc e
HB 2533: lo c al go ve rn men ts; public n o tic e s; website - ge ne ral go vernme n t
HB 2608: EO RP; c losu re ; de fin ed c on tribu tio n - pensio n
HB 2621: fu nd; state p arks; ro ads; fee - finan c e
SB 1403: Un ite d Natio n s Rio dec laratio n ; pro hibitio n. - ge ne ral go vernme n t
Legis lative Bulletin is p ublished b y the League of Ar izona Cities and Towns.
For war d your comments or suggestions to league@azleague.or g.
Issue 12 - M arch 29, 2013
Legisla tiv e Ov erv iew
To day marks the 75th day o f th e Fir st Re gular Sessio n o f th e 51st Le gislature. Th e o n ly c ommittee s to mee t this
wee k were the Hou se an d Se nate Appro priation s Co mmitte es, bo th o f wh ic h h ad a sign ific ant nu mber o f bills o n
their age nda. Tuesday, April 23 marks the 100th day o f sessio n; h o we ve r, the likeliho o d o f c lo sin g ou t sessio n by that
de adlin e will gre atly d e pe nd on th e ability o f the Exe c u tive an d th e Le gislative branc h es to c raft a viable bu dge t
propo sal.
Cha nges to T ra nsa ction Priv ilege T axes (T PT)
O n Tue sday, th e Se n ate Appro priatio n s Co mmitte e c o n sidered HB 2111 (investmen ts; pu blic mo nie s). Th e bill was
amen de d with a strike -everything ame n dme nt that mirro red the langu age o f the amen dmen ts adopte d in th e Se nate
Finan c e Co mmittee le ss than a we ek pr io r , ren dering th e he arin g largely u nn ec e ssary. The c h anges c o n tained in th e
amen dme n t do no t re flec t a fin al c o mpr o mise or d e al o n tax simplific atio n. The Leagu e c on tin ue s to be ac tively
en gaged in n egotiatio n s with th e go al o f c rafting a viable solu tio n fo r all partie s. A day be fore th e c o mmitte e
he ar in g, th e Go verno r's O ffic e pre se nted a c o unter-pr o po sal on au diting whic h is c u r re n tly being reviewe d by th e
Leagu e an d munic ipal staff. It is o ur u n de rstandin g that HB 2111 will no t advanc e fu r th e r un til c on c lu sio n s have bee n
reac h ed.
Other Bills of Note
(All b ills bein g ac tively mo nito red by th e Le ague c an b e fo un d h ere.)
Bi ll Number - Short Ti tl e - Subject(s)
HB 2280: e mploye e ben e fits; state pre e mptio n - re gulatio n
HB 2347: tax le vy; bo nd c o sts; public in ve stmen ts - fin anc e
HB 2443: c itie s; c o un tie s; re gulatory re vie w - re gulatio n
HB 2621: fu nd; state p arks; ro ads; fee - finan c e
Legis lative Bulletin is p ublished b y the League of Ar izona Cities and Towns.
For war d your comments or suggestions to league@azleague.or g.