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HomeMy WebLinkAboutRes 2014-28RESOLUTION NO.2014-28 A RESOLUTION OFTHE MAYOR AND COUNCIL OFTHE TOWN OF FOUNTAIN HILLS,ARIZONA,CONSOLIDATING THEPARKSAND RECREATION COMMISSION,THE COMMUNITY CENTER ADVISORY COMMISSIONANDTHESENIORSERVICESADVISORYCOMMISSION INTO A NEW COMMUNITY SERVICES ADVISORY COMMISSION;AND ADOPTING BYLAWS. WHEREAS,the Mayor and Council ofthe Town of Fountain Hills (the "Town Council")previously created (i)the Parks and Recreation Commission pursuant to Article 9-2 of the Town of Fountain Hills Town Code,(ii)the Community Center Advisory Commission pursuant to Resolution No.2000-49 and (iii)the Senior Services Advisory Commission pursuant to Resolution No.2005-54;and WHEREAS,based onthe common interests of,the Parks and Recreation Commission, the Senior Services Advisory Commission and the Community Center Advisory Commission (the "Existing Commissions"),the Town Council desires to consolidate the Existing Commissions and to create the Town of Fountain Hills Community Services Advisory Commission (the "Community Services Advisory Commission")to act in an advisory capacity in support of the Town of Fountain Hills (the "Town")Community Services Department;and WHEREAS,the Town Council desires to adopt bylaws to accommodate the transition of the consolidation of the three Existing Commissions and govern the operation of the Community ServicesAdvisory Commission. NOW,THEREFORE,BE IT RESOLVED BYTHEMAYORAND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1.The recitals above are hereby incorporated asif fully set forth herein. SECTION 2.The Existing Commissions are hereby consolidated into a new Community Services Advisory Commission,and references tothe Existing Commissions in Town documents shall be replaced with a reference to the Community Services Advisory Commission. SECTION 3.The Bylaws for the Community Services Advisory Commission are hereby adopted substantially in the form attached hereto in Exhibit A.and incorporated herein by reference. SECTION 4.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. 21713933 PASSED AND ADOPTED bytheMayorandCounciloftheTown of FountainHills. August 7,2014. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: >L4l(//A_) REVIEWED BY:APPROVED AS TO FORM: KennethW.Buchanan,TownManager AndrewJ.McGuire,TownAttorney 2171393.3 2171393.3 EXHIBIT A TO RESOLUTION NO.2014-28 [Bylaws fortheCommunity Services Advisory Commission] Seefollowingpages. BYLAWS COMMUNITY SERVICES ADVISORY COMMISSION TOWN OF FOUNTAIN HILLS,ARIZONA Creation;Purpose. A.Creation.There is hereby created,constituted and established a Community Services Advisory Commission (the "Commission"),which shallsubsumeand replace existing Senior Services Advisory Commission,Community Center Advisory Commission and Parks and Recreation Advisory Commission (collectively,the"Existing Commissions"). B.PurposeandDuty of the Commission.The Commission isformedtoactinan advisory capacity in support of the Town of Fountain Hills (the "Town") Community Service Department's quest to provide exceptional customer service to enhance the quality of life by providing and maintaining safe,available and accessible parksand facilities,recreation programs,events,and services thatwill meetthe intellectual,social,cultural andleisureneeds of Town residents of all ages. C Intention ofthe Bylaws.These Bylaws are intended to accommodate the transition ofa consolidation of three Existing Commissions as well as serve asthe BylawsgoverningtheCommission. Transition Process:Membership. A.Transition Period.The consolidation transition is intended to span the period from the initial consolidated Commission meeting in September 2014 through December 31,2017. B.Eligibility for Initial Appointment.All current members of the Existing Commissions shall be eligible for appointment tothe Commission.All interested Existing Commission members shall notify the Community Services Director of their interest not later than June 30,2014.If the number of interested Existing Commission members is less than nine,the Director shall (i)initiate the process for soliciting new Commission members and (ii)conduct a process for fairly assigning the on-going members to staggered terms to carry out the intent of Section 3 below.If the number of continuing adult members is greater than eight, the Director shall establish the initial Commission membership as set forth in subsection 2(C)below. c-Member Selection and Terms.In order to fairly and impartially accommodate the members of the three combined Existing Commissions,a random,blind draw of names from the members of the Existing Commissions who have expressed interest pursuant to subsection 2(B)abovewillbe conducted suchthateachwill 2170815 4 be assigned toa term of one,twoor three years.Itis recognized that there could beas many as 18 total members available to serve onthe Commission during the transitionperiod.Therandom,blinddrawwillbe conducted asfollows: The first sixnames drawn willservethroughDecember 31,2017; Thesecondsixnames drawn willservethroughDecember 31,2016;and Any remainingnameswillservethroughDecember31,2015. Theterms will commenceatthe first meeting of the consolidated Commission, targeted for September 2014.The term of each member from oneofthe Existing Commissions serving onthe consolidated Commission willbeextended through thedatedeterminedbytheblinddraw. D.Voting.Allmemberswillbe considered votingCommissionmembers.Inthe event of atievoteduringthetransitionperiod,theTownCouncilshallbe informed of thelack of consensus and the matter shallbe forwarded to the Town Council for review. E.PostponedReplacement.IfatransitionperiodCommissionmemberleavesoffice prior to expiration of hisorher appointment period (as set forth in subsection 2(C) above),thevacancycreatedwillnotbefilled. F.Transition Period Conclusion.Atthe conclusion of the transition appointment periodsestablishedinsubsection2(C)above,Commission membersshallbe appointed as follows: i.Two Commission members shall be appointed for a three-year term beginningon January 1,2016 andendingDecember 31,2018. ii.Three Commission members shall be appointed for atwo-yearterm beginningon January 1,2017 andendingDecember 31,2018. iii.Four Commissionmembers shall be appointed fora three-year term beginningonJanuary1,2018 andendingDecember31,2020. G.Attendance of McDowell Mountain Preserve Commission Representative.For thetimetheMcDowell Mountain Preserve Commissionisin place,amember of theMcDowellMountain Preserve Commissionshallbean ex-officio,non-voting member of theCommission.TheCommission Chairperson shallrequestthatthe McDowell MountainPreserve Commission annuallyappointarepresentativeto attendthe Commission meetings. 2170815.4 H.Transition Officers.Atthefirst Commission meeting,the Commission shallelect a Chairperson and Vice-Chairperson from among the members.The Chairperson and Vice-Chairperson shall assume responsibilities atthenext scheduled meeting. The officers'terms will expire on December 31,2015.The duties,vacancy and removal procedure set forth in Section 5below shall applytothe officers.Onthe expiration of theinitial officers'terms,officersshallbeelectedassetforthin subsection 5(A)below. Members &Appointments Following the Transition Period. A.Numberof Members.Followingthetransitionperiods,theCommissionshallbe composed of ninemembers,includingoneyouthmember. B.Appointments.Following the transition periods,appointments tothe Commission shallbe made bytheTown Council according to,and from among residents ofthe Townthatmeettheminimumqualificationsasoutlinedin,theTownCouncil Rules of Procedure.Adult appointments shall befora term of three years.One appointeeshallbetheyouthrepresentation,whoshallbeaTownresidentforone year,shall bea resident high school student,bea member oftheMayor's Youth Council and serve a one-year term onthe Commission beginning withthestartof the school year. C.Fillingof Vacancies.Anyvacancyonthe Commission shallremainvacantuntila new member is appointed by the Town Council to fill the vacancy.Upon a vacancy occurring,leaving an unexpired portion ofa term,any appointment to fill such vacancy shall be for the unexpired portion of said term.In cases ofa vacancy duetotheexpiration of a member's term,themembershallremainseateduntila successorisappointedandqualified. D.Term.Unless appointed to fill avacancy mid-term,eachadultmember'stermof office shall be three years,unless the member resigns sooner oris removed from hisorherposition. E.Attendance.All members are required to attend all Commission meetings unless excused bythe Chairperson,withthe concurrence of the Commission.Three successive unexcused or unexplained absences from any regular or special meetingshallbedeemedavacancyasoutlinedintheTownCouncilRulesof Procedure. F.Removal.Anymembermaybe removed assetforthintheTownCouncilRules of Procedure. 2170815.4 Powers and Duties of the Commission. TheCommissionshallhavethepowersanddutiesto: i.Actin advisory capacity tothe Town Council,Town Manager and Community ServicesDirectorin matters pertaining tothe Community Services Department. ii.Consider provisions ofthe annual Community Services Department budgetduringtheprocessofthepreparation of thebudgetandmake recommendationswithrespecttheretototheCommunityServices Director. iii.Assistinthe planning of educational and recreational programs forthe residents of theTown;promoteandstimulatepublicinteresttherein. iv.Perform suchotherdutiesnot inconsistent withtheseBylawsasmaybe requestedbytheTownCouncil,TownManagerorCommunityServices Director. Commission Officers and Staff. A.Organization.Atthefirst regularly-scheduled Commission meeting ofeach calendaryear,the Commission shallelecta Chairperson and Vice-Chairperson from amongthe members.The Chairperson and Vice-Chairperson shall assume responsibilitiesatthenextscheduledmeeting.ThetermoftheChairpersonand Vice-Chairperson shallbeforoneyear.AnymemberservingasChairpersonor Vice-Chairpersonshallbeeligibleforre-election;provided,however,thateach membermayservenomorethantwoconsecutivetermsforthatspecificoffice. B.Duties of theChairpersonandVice-Chairperson.TheChairpersonshall(i) presideatallCommissionmeetings,(ii)decideallpoints of orderandprocedure, (iii)appointworkgroupsifnecessaryand coordinate thework of thework groups,(iv)serveasarepresentative of theCommissiontoothergovernmental unitsonsuchmattersashavebeenapprovedanddesignatedbytheCommission and(v)performanydutiesasrequiredbylaw,ordinanceortheseBylaws.The Chairperson shallhavetherighttomake motions,second motions andvoteonall mattersbeforethe Commission.The Vice-Chairperson shallactasanaidtothe Chairperson andshall perform theduties of the Chairperson inhisorherabsence orinabilitytoserve.Inthe absence of the Chairperson and Vice-Chairperson,the Town Staff Liaisonshallcallthe meeting toorderanda simple majority of the membersthenpresentshall select an acting Chairperson forthemeeting.If the Commission members present areunableto select an acting Chairperson,the meeting shallbe automatically adjourned and all agenda itemsshallbecarried over tothenext Commission meeting. 2170815.4 C.Order of Filling Officer Vacancies.The Vice-Chairperson shall fill a vacancy in theofficeofthe Chairperson.A vacancy intheoffice of Vice-Chairperson shall be filled byaCommissionmemberby majority vote of theCommissionatthe nextmeeting where a quorum of the Commission is present. D.Officer Removal.The Chairperson or Vice-Chairperson maybe removed from officeatanytimeatameeting of the members byan affirmative vote of a three- fourths majority ofthe total members of the Commission,whomustbe present to vote. E.TownStaff Liaison.TheCommunity Services Department Director or authorized designee shall serve as theTownStaff Liaison to furnish support tothe Commission as requested or as required to advise and furnish professional and technical advice. Commission Meetings. A.Frequency.Commission meetings shall be held monthly attheTown Hall Council Chambers,Fountain Hills,Arizona,unless posted differently at least 24 hours in advance. B.Additional Commission Meetings.Additional Commission meetings may be held on the call of the Chairperson or the request of two or more members by giving notice to all the members by telephone,email or personal delivery or by verbal comment during a regular meeting.All notices shall be given,and posted according to applicable law,at least 24 hours before the meeting. C.Participation by the Public.Commission meetings shall be open to the public. For any matter under consideration,any person maysubmit written comments and,if attending in person,may fill out a speaker card and speak to the issue upon being recognized by the Chairperson and stating his or her name and,if applicable,the names of any person or organization onwhosebehalfheorsheis appearing. D.Quorum.A Commission meeting where a majority of its members are present shall constitute a quorum.A majority vote of those members present shall be required to take official action.No action shall be taken at any meeting in absence ofa quorum,except to adjourn the meeting toa subsequent date. E.Agenda.The agenda shall be prepared by the Town Staff Liaison,reviewed by the Chairperson,and posted no less than 24 hours before the Commission meeting in accordance with the Arizona Open Meeting Law. F.Minutes.Minutes ofthe proceedings shall be retained and filed withthe Town Clerk or authorized designee who will,in turn,file and post the minutes according to applicable law. 2170815.4 G.Open Meeting Law.The Commission is subject to the Arizona Open Meeting Law. Special Committees. The Commission may create special committees for specific purposes.Such committees shall be subject to the provisions of the Arizona Open Meeting Law.Any special committee created by the Commission shall automatically dissolve when its work is done andafterthe Commission has accepted its final report. Amendments. By the affirmative vote ofa two-thirds majority of all the members of the Commission, the members may recommend amendments to these Bylaws tothe Town Council forits approval. Legal Counsel. The Commission may request through the Town Staff Liaison that the Town Attorney,or authorized designee,provide legal advice and rulings on points of order,procedure or other matters related to the Commission's duties. 2170815.4