By Andrew Lwowski | Fountain Hills Times Independent (abridged)
Councilmember Brenda Kalivianakis questioned why some businesses in town require insurance and others do not, referencing the Equal Protection Clause to not single out businesses and if the Fair Housing Act received consideration.
The Fountain Hills Town Council voted 5-1 to amend Town Code pertaining to community residents, adding a new article that relates to building inspections and requiring insurance during its meeting on Tuesday, March 17.
Councilmember Brenda Kalivianakis voted no while Councilmember Peggy McMahon was absent.
Development Services Director John Wesley said current regulations are in the Zoning Ordinance but as directed by the council, registration portions for community residents were moved to Business Regulations upon approval.
There are five sections under Chapter 8.
Chapter 8-8-1, a new section, sets forth purpose while 8-8-2 sets definitions. Section 8-8-3 sets forth registration and reregistration requirements in which applicants must cooperate with any code violations and a mandatory insurance policy of $2 million per occurrence and $4 million in aggregation with a waiver of subrogation for the town. Wesley said the insurance provisions came from the Planning and Zoning Commission.
Kalivianakis questioned the method of arriving at the costs of insurance, saying they “seemed to be pulled out of a hat.”
Wesley said one commissioner on the P&Z board at the time recommended the numbers.
Kalivianakis also questioned why some businesses in town require insurance and others do not, referencing the Equal Protection Clause to not single out businesses and if the Fair Housing Act received consideration.
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