TO: Mayor Collins and Town Council Members
FROM: Kevin Burke, Town Manager
DATE: November 2, 2017
DEPARTMENT: Town Manager
Staff Contact Kevin Burke, Town Manager
End
AGENDA TITLE:
Title
Governance - Discussion #5 60 minutes
Body
Town Value(s):
☐ Primarily one-acre, residential community
☒ Limited government
☐ Creating a sense of community
☐ Partnerships with existing schools and resorts to enhance recreational opportunities
☐ Improving aesthetics/creating a brand
☐ Preserving natural open space
In order to more effectively and efficiently manage the limited municipal government of Paradise Valley, the Town Council has embarked upon a review of numerous policies and procedures.
Council Goals or Statutory Requirements:
Governance - Review and seek improvement to processes and procedures for our community.
RECOMMENDATION:
Review topics and provide direction.
SUMMARY STATEMENT:
Mayor and Council have identified 13 Governance topics to be discussed this term. They have prioritized the first six as:
1. Use of Consultants
2. Transparency
3. Cost Estimating
4. Defining Limited Government
5. Rules of Procedure; and,
6. Appointment Process.
The Governance topic has been scheduled as a study session item to last not more than one hour each Council meeting in order to accomplish as much of the list as possible each meeting. The following represents staff material on each topic, but as this is a Council initiated topic, the agenda provides flexibility to allow the Members to more fully explain intent, introduce concepts or solutions, and provide overall guidance on outcomes. It is anticipated that this one hour study session will resolve no more than the items addressed below:.
Rules of Procedure
The Town Council has a standing set of Rules and Procedures. These are attached to this agenda item. The Rules of Procedure establish “how” the government will conduct its business. This is an important compliment to the goal setting activity that occurs each term to establish “what” business they want to focus upon. But the two overlap in the area of Agenda Setting.
Council discussed the agenda setting topic at its October 26, 2017 meeting. Based upon that discussion, staff has articulated the following amendment to the Rules. Council will be asked to verify its accuracy.
13) Requests for Future Agenda Items - Requests for future agenda items are topics or issues of interest that at least four three Council Members would like to have considered for discussion at a future meeting. Any member of the Council may move to have the Town Manager add a new agenda item to a future agenda. Upon the concurrence of three two more Members, which may include the Mayor, the item shall be added to the pre-business meeting study session no later than two meetings from the meeting in which the agenda item was requested and confirmed by at least three total Members of Council list of future agenda items and scheduled by the Town Manager as a future agenda item within sixty days. In the event that the Town Manager determines such a future agenda item request should be moved to a later date due to the need for the Council to address more critical agenda items, the Town Manager may move the requested needs the approval of the three Council members who requested the item to move the item to a later Council Meeting date, but only to the next scheduled Council Meeting date. Requests for future agenda items shall occur through these Council meetings. Any discussion on the motion to add a future agenda item shall be limited to the propriety of placing such item on a future agenda and not on the merits of such agenda item. Staff support associated with a newly requested item by three Members of Council shall be limited to two hours for the initial agenda topic. Provided four or more Members wish to continue work on the agenda topic beyond the first study session, all appropriate staff may be dedicated to the topic as determined by the Town Manager.
Also related to this topic was a proposed discussion by Councilmember Pace regarding limiting agenda setting authority to the Manager. A survey of east valley municipalities and Flagstaff showed that 6 of the 9 surveyed granted agenda setting authority to the Mayor. In those cities where authority is not granted to the Mayor, typically the Mayor must work through the same rule as other Councilmembers to place an item on the agenda.
Special Meetings: The Council also gave direction to amend Section II of the Rules and Procedures such that it would require four Members of Council to call a special meeting rather than 3. This will be a simple amendment to be voted upon.
The next sub-topic is the practice of reviewing an item in study session prior to placement on the business meeting agenda. Also related to this is the review occurring at least one meeting prior to the action. Staff is requesting this practice be captured in the Rules of Procedure, if so continued, for greater clarification. The current Rules of Procedure require “new ordinances shall be reviewed as a study session item prior to consideration for adoption” (Section VIII(b)(2)). Further, the Zoning Code only requires that a new or amended Special Use Permit (SUP) be “reviewed” prior to hearing. This has been interpreted to mean a study session. All other planning and policy reviews in study session prior to action have been done as a matter of practice and not by rule. Staff requests that Council discuss which other items should be subject to this rule. Classification of items that are acted upon (but not necessarily recommended) include:
1. Plats
2. Lot Splits
3. Resolutions
4. Procurement Contracts
5. Statements of Direction; and,
6. Appointments
Likewise, the current Rule requires the review of an ordinance in study session occur “at least one meeting in advance of its adoption” (VIII(2)(b)) unless waived by Council. Does Council wish to apply this rule to all items added to the list?
Group speaking times was another rule staff requested Council clarify and codify. Currently, the rule addresses individual public comment and is limited to three minutes (Section XI). The Rules also limit an Applicant to fifteen minutes (Section XV(3)). Both of which can be extended at the discretion of the Mayor. In order to provide greater predictability to residents who come in groups and designate a representative to speak on their collective behalf, staff suggests adding the following rule to Section XI under “Oral Communication:”
“Speakers may defer their time to another individual and that time shall be accumulated up to a maximum of fifteen minutes (examples: 1 speaker representing 3 individuals including themselves would have 9 minutes assuming 3 minutes per person. A group of 20 deferring their time to one speaker would be limited to 15 minutes). All individuals deferring their time must be present in the audience. A speaker representing a group shall identify those individuals deferring time on the Speaker Request Card.”
Deadlines for submittals by an applicant presenting to Council. The current rule in the Rules and Procedures is:
“All reports, communications, ordinances, resolutions, contract documents, and other matters to be submitted to the Council shall be delivered to the Town Manager on Tuesday of the week prior to the Council meeting“ (Section III).
Staff further located the related rules below from the City of Scottsdale pertaining to their Board of Adjustments. Council may be interested in considering:
• Documentary evidence or written material supporting the grant or denial of an adjustment, or relevant to any matter the Board is authorized to hear and decide, shall be submitted with fifteen (15) copies by noon at least fourteen (14) calendar days prior to the public meeting (including holidays), or it will be rejected. Evidence and written material shall be submitted by interested parties to the Planning Department and not directly to Board members. An applicant shall supply an opposing party with a copy of the same material in the same time frame.
• Any evidence or written material not submitted at least fourteen (14) calendar days in advance of the public meeting may be addressed, but no handouts to the Board will be accepted at the public meeting as part of the applicant’s presentation or as public testimony, whichever is applicable. Strict adherence to judicial rules of evidence is not required.
• Written Citizen comment shall be submitted at least seven (7) calendar days prior to the public hearing.
Other items to be discussed under this topic, but not yet prepared include:
• Updating Rules of Procedure for Planning Commission and Board of Adjustments
• Writing Rules of Procedures for Hillside Building Committee
.
BUDGETARY IMPACT:
No budgetary impact associated with conducting these discussions.
ATTACHMENT(S):
Town Council Rules and Procedures
Summary of Survey of Nine Arizona Municipalities