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HomeMy WebLinkAbout2023.0321.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL March 21, 2023 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Attended Telephonically: Councilmember Gerry Friedel Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately thirty-two members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Post -Production File Town of Fountain Hills Town Council Meeting Minutes March 21, 2023 Transcription Provided By: eScribers, LLC * * s * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. Page 1 of 54 TOWN OF FOUNTAIN HILLS Page 2 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: Good evening, everyone. If you would like, please stand for the pledge and remain standing for the invocation. ALL: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Thank you. We have Rick Ponzo here from Calvary Chapel. PASTOR PONZO: Good evening, Mayor, Vice Mayor, Council, and staff. Thank you for having me back. Lord, we thank you for this evening. We know that You are able to give wisdom beyond our imagination, so Lord, we pray for that wisdom. We pray for clarity. We pray for vision. We pray for understanding. As decisions are made here tonight, we pray that they would be the best decisions for the interests of our community. Lord, we pray for our first responders. We pray that You would bless them and keep your hedge of protection around them in the name of your only Son. Amen. ALL: Amen. PASTOR PONZO: Thank you. MAYOR DICKEY: Thank you. Roll call, please?. MENDENHALL: Thank you, Mayor. Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor McMahon? MCMAHON: Here. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Kalivianakis? Page 2 of 54 TOWN OF FOUNTAIN HILLS Page 3 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. DICKEY: Thank you so much. Our first item, as always, our reports from Mayor, Councilmembers, and Town Manager. Grady? MILLER: Yes, Mayor. I just had a few words I wanted to say. As many of you know, tonight is my last night. This wilt be my last, I should say, council meeting. And Ijust wanted to express to the council that I'm very grateful for the Town Council appointing me to serve as Town Manager, Fountain Hills. During the past eight years, I've truly enjoyed working with two dedicated mayors and several councilmembers, incredibly talented department directors, hardworking employees, and a highly engaged citizenry. I'm leaving Fountain Hills with great memories and the knowledge that 1 did my best in contributing to the overall quality of life for residents of Fountain Hills. I wish all of you well and I wish interim Town Manager Rachael Goodwill [sic] -- excuse me, I wish interim Town Manager Rachael Goodwin and our staff every success. Thank you. MAYOR DICKEY: Thank you. Councilwoman? TOTH: I just want to say, Grady, thank you for everything you've done for our town in the past few years and we will miss you. Thank you. GRZYBOWSK I: I attended the Irish Festival, 1 guess it's two weeks ago at this point. And of course, the League calls. The Chamber had a great State of the School [sic] with Dr. J last week, if 1 remember correctly. It's been within the last two weeks for sure. And that's always great to hear. I took some really good notes from that. And I'm also excited that the Town of Fountain Hills is a part of the Smithsonian Page of54 TOWN OF FOUNTAIN HILLS Page 4 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES National Museum of Natural History's exhibit called Lights Out: Recovering Our Night Sky. If you haven't heard anything about that yet, you can see a news blip about it on the town website. You can see it on the main page. And I don't want to not say anything to Grady. He knows that I appreciate him. He and I have already had a nice little chat. Thank you. MCMAHON: Good evening. everybody. I attended the Youth Drug Coalition [sic] annual luncheon for the essay awards given out to a few of the students at the high school. They were excellent essays. They were about how social media adversely affects them, so impressive. We have invited them to share their essays at our next Cares forum about mental health and that's on April 20th at the Community Center. It's at 6:30 and we hope you all attend. Thank you. Also, I did attend the Irish Fest. I volunteered at the Town Table and that was really fun. Also, we had a Dementia Friendly Committee meeting. We're still working on the application to become a Dementia Friendly Town and we look forward to that happening really, really soon. I also attended the Valley Metro Board of Directors meeting and we are working with the legislature to get Proposition readied and passed, so that hopefully it will -- Valley Metro will remain receiving 40 percent because that's what it needs to operate. Munch & Music was last Friday. That was in the Community Center. That was an excellent concert, very, very well done. And also Fountain Hills Day. That was a great success, I think. It was really, really good to walk around and speak with all the business owners and see how excited they are about showcasing their business. In fact, I would like Amanda, if you don't mind, to please speak with Betsy at the Chamber and see maybe if instead of it being annually, it might be semi-annually because a few of the business members said something to me about that. So thank you very much. MAYOR DICKEY: Councilwoman? Page 4 of 54 TOWN OF FOUNTAIN HILLS Page 5 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES KALIVIANAKIS: Thank you, Ms. Mayor. Good evening, everybody. Thanks for coming and for you at home. Over the past two weeks, I've been very busy. I had a chance to attend the Council on Foreign Relations Civic Responsibilities. It was a Zoom meeting. It was very interesting. I got to tick off something from my bucket list. I did something with the Council on Foreign Relations, so I have something I get to do with Henry Kissinger; how about that? This was a really interesting seminar. It was about expanding the idea of citizenship and ensuring the survival of the American democracy. The workshop was a guide for elected officials, government staffers, or constituents across the political spectrum to heal divisions and safeguard our country's future. This things was all about bringing people together, bringing politicians together and healing previous divisions. It was a very powerful presentation and I really appreciated it. The analogies that could be made about the World War II where we were at war with Japan, Germany, and Italy in a death struggle and 60 years later, we're all allies and were all friends. And so divisions can be overcome, people can heal and come together for the betterment of the world and for their town. So that was a pleasure to go to. Over the past couple weeks, Amanda Jacobs, Betsy from the Chamber, and I have been involved in the business development initiative. The Fountain Hills Strategic Plan specifically mentions business development and that's what this is a part of. The current program initiated by Amanda Jacobs is in line with our town's Strategic Plan. The past several weeks, Amanda, myself, and Betsy, who represented the Chamber, has been reaching out to business owners on a one-to-one basis and offering them assistance, information, and about the resources that are available for those businesses. I'm happy to report the business community has been extremely happy with this outreach and we are doing good by our local businesses. So I thank the Chamber, thanks Amanda, for putting this wonderful program together. Also, last Friday I was involved in the Meals on Wheels program which is sponsored by the Community Center, where we deliver meals to the people that over 80 years old and infirm. Helen Keller said that true happiness is not attained through self - Page 5 or 54 TOWN OF FOUNTAIN HILLS Page 6 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES gratification, but through fidelity to worthwhile causes. This is a very worthwhile cause. These people, sometimes we're the only contact they get in a week. They're very grateful that we engage them in conversation and it's funny because a lot of them say, hey, I've seen you on TV or in the newspaper; 1 didn't know that that was a duty of the Town Council. And so it's kind of cute when they say that. But that's a great program, I'm so happy to be and proud to be a part of that. Also attended the Munch & Music. An excellent program again. This is something -- for people that don't know about, it's free to the public. It's very professionally level entertainment. There's only going to be one more and that's going to be next month, which will be the Fountain Hills Saxophone Quartet. If you haven't seen them, you have to go. It's just wonderful. I have played with the Fountain Hills Saxophone Quarter myself and this is a great group of musicians and they're very talented and I suggest that you go. Two more quick things is I did meet with Lt. Halverson (ph.) about our school safety program. We've been tweaking it a little bit. And we were denied the funding for the Department of Education grant for another school resource officer, but we haven't given up. Grady's been stalwart in leading the effort, as well as John Perez from our staff and Libby Settle. I'm happy to say that this program has been a great success. The police officers are involved in the schools now. They're in high visibility areas and when they go to school during the lunches they're doing perimeter checks, background checks, every check you can imagine to keep our kids safe. And so that's really important. I thank the Marieopa County Sheriffs Office for being such a wonderful player in that. The last thing is I did attend Fountain Hills Days and a lot of people had a lot of questions about what's going on in the town and the Town Council. It was a great thing. I also attended the kite festival on Saturday, which is the Pakistani Information and Cultural Organization, PICO, and they held their kite festival which is a celebration in many Asian countries for the spring ceremony. I did get a chance to meet the organizers of PICO. I tried to do an outreach with the community and with the Pakistani community. It's pakistaninformation.org, if you want more details and to do an outreach to our Muslim community because many of them Page 6 of 54 TOWN OF FOUNTAIN HILLS Page 7 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES are Muslims. 1 think it's good for the Town Council to reach out to underserved communities and so I'm working with them right now to get a list of possibly people in our town that do worship as Muslims and to maybe do a meet and greet or some kind of a forum with them. Anyway, so that's what I've been up to. Thank you for your time. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Thank you, Madam Mayor. Welcome, everyone. I will be brief and I don't need to comment on the wonderful activities we have a couple weeks -- we had in town here, but I did have an opportunity to attend Arizona forge (ph.) forum with the Arizona Chamber of Commerce, kind of a big picture of economic development here in Arizona and what's bccn going on behind the scenes there. And I will conclude it with that. MAYOR DICKEY: Thank you. Gerry, do you have anything for the activities? FRIEDEL: Yes, Mayor. I did attend the Irish Fest as well and also Fountain Hills Days, and that's all I have. Thank you. MAYOR DICKEY: Thank you. Yeah, it was great because, you know, the weather's been so sketchy but somehow the weekends are working out. So we had so many great events and the kite festival was nice and windy, so it was very neat. Part of my membership with the Mayors Educational Roundtable is I decided to go to a -- it was called Education Forward Arizona, Helios Education Foundation's Billions to Gain convening and it's the economic benefits of investing in a more educated Arizona. They had panelists from the Governor's Office, from NAU, school districts, the Board of Regents, cities and counties, and businesses that were describing their ways of, you know, getting their graduation rates and their post -secondary participation increased. Superintendent Tom Horne was one of the speakers and we heard from students and the experiences that led them to get their attainment, so it was very nice. And then also we had our CIP, our capital improvement plan special meeting and Page 7 of 54 TOWN OF FOUNTAIN HILLS Page 8 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES we'll have one for the budget, budget in between and then well get it all together in time for May. Then our next item is the scheduled public appearances and today we arc going to hear from Bo Larsen about our Fountain Hills Connect. Grady, would you like to introduce? MILLER: Yes. Just real quickly as an introduction to this, so what you're about to see is the presentation of a new system that has launched and we were using a previous system that was built into our website that residents were able to report problem conditions and complaints. And so our Community Relations Director, Bo Larsen, is going to show you some highlights of the new system and how it works and how this is a big improvement from what we had previously. With that, I'll turn it over to Bo. LARSEN: Thank you, Grady, and Mayor and Town Council, thank you. And 1 have to correct you. It's not live yet, but were working towards it, so I really appreciate it. And what's the genesis of all of this is that we're seeing kind of programs get older. Systems get older. We use a program called Munis that may not be serviced anymore. It's like a Microsoft 7 and now you're on Microsoft 10 type of analogy. So it still works, but we're being prepared and were using a program that we know will take us into the future for the ability for residents to file their issues, not only for code enforcement but for streets and community services as well. So in me show you a little bit of what's going on. This is what we currently have. This is like a Request Tracker. That's what we currently use. And so when a resident or somebody comes online, this is how they get it. And so they're seeing some of the things that they have to do. Now, one of the downsides of this program is this; you have to sign in, so it makes it -- it's kind of a cumbersome system. Now, people can call in and the majority of code enforcement complaints are done by phone. However, this new system is something that's going to help improve the transparency as well as the efficiency of everything. And it's called SeeClickFix, so that's the program we're using, but we're calling it Fountain Hills Connect. And this was kind of a team name and nothing's final until it's final, of course, but we came up with that Page 8 of 54 TOWN OF FOUNTAIN HILLS Page 9 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES to -- using a kind of a common theme that towns from around the country are using that use this program, and so we didn't want to be Fountain Hills 311, because you always have to explain what 311 is. But it's -- what this is, is like a hub. This isn't a program that fixes everything. It's a work management system that people can input information and then our teams can manage the issues from this database or this home page and assign the issues to the appropriate either department or the person to fix it. As it shows here, the web portal. It's a phone app as well. It's for reporting as well as taking phone calls -- or you can manage phone calls off of the system. And so through the system and it's not all there yet, we're working on it, but we can assign the work assignments. We can let departments know. Like you said, if there's a new pothole somewhere, if someone reports it in, they can see if someone has already reported it or if it's a new request and then the town can work towards it. And that's just one of, you know, 50, 60 things that can be requested. It's a phone app as well. You know, I get a lot of iPhone requests for Request Tracker right now and they come to me and then I forward them off to Vince in the department and he takes care of it with his team. But this app will also act as the online system does as well and since the majority, 1 think we're up to like 75 percent of people are using their phones over, you know, computers right now, it only makes sense that we kind of catch up. So when someone comes to a page -- I'll make sure I'm on something that's -- no, got it. When someone comes to our page now, they can see a map. And they can see like -- well, I know -- I have a request. I don't exactly where, you know, it is on the street here, but I know landmarks. And so there's another way that they can look to see where they can kind of pin where this incident is, because they may not have the address specifically, but they can do geographical locations. It also allows people to go, well, gee, I see that a strcetlamp is out, for example. And this is from Gilbert, just as an example. Has someone else already filed this complaint or this issue? And this will allow people to go, okay, it's already being worked on. I don't need Page 9 of 54 TOWN OF FOUNTAIN HILLS MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 10 of 54 to wait -- you know, continue on, you know, filling this out. But if it is something new, they can see like -- well, I don't sec it here, so I might as well complete it. And so they put in the request. It's a real simple, clean system. 1 showed you that page before that was a little cumbersome on the Request Tracker. This is a much cleaner system and when you see it in life, it's a lot bigger than what you're seeing here on the scrccn, of course. It allows people to add a photo, which is a nice system instead of always having to do an attachment or something. And if there's no photo, that's fine, too. But what's important, too, is when you put in the details in the description, you have to put in your name. No more anonymous, you know, requests because it's real easy to pick on a neighbor and start those, you know, those battles with neighbors when you don't have a name on there. So in order for our town, or our team to work on this, you have to put in your name. Now, it's not going to be used anywhere else but within the town. It's all part of making sure that people's information is safe and they feel comfortable knowing that it's not going to be shared with anyone. They can still complain about the neighbor, but they have to put their own name in. Now, this is an idea. This kind of shows you the behind the scenes. This is what the team would see as part of the work orders. They may see, and again we're still new and there's still a lot of tests and these arc off of a test page, but -- just give you an idea of like, okay, what types of things do we have going on? Who is it going to be assigned to? What's the priority? And so that they can manage this workflow a lot better. For the team, it also has a map to kind of identify where are some of these things because we have three code enforcement team members right now and I'm just using code enforcement as the example. We can color assign these dots and so we know where, you know, Bo is working and where Bo number two is working, and so on. So that if something new comes along, it could even be a phone call to say hey, this is what's going on. Can you go out there and check it out, you know, for us? And then also, you know, here's more of the kind of the work flow pattern showing what's being worked on, what are some of the notes, and the work orders. And you're only getting a snippet of the page that they actually have, but it'll give you an idea that it's a much more modern system. Page 10 of 54 TOWN OF FOUNTAIN HILLS Page 11 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES And just to let you know, we're not the Lone Ranger on this. There's many other organizations using this from MCDOT down to Peoria. so it's really -- it's a good system. It's clean. We hope to get it up within the next -- I'm going to say 30 days. They're real close right now. It's just a matter of finetuning and making sure we're comfortable with how the app works and looks, and so we're in that phase right now. So any questions? MAYOR DICKEY: Thank you. UNIDENTIFIED SPEAKER: Is that a question? LARSEN: No? Giving you a chance. All right. Good. Well, thank you very much. I appreciate it. MAYOR DICKEY: Thank you, Bo. Our next item -- 1 really appreciate it, by the way, so -- we didn't have questions, but we know that this is a good step in the right direction for communication and following up on some of these things, so great. Thank you so much. LARSEN: It's an evolution, so I appreciate it. Thank you. MAYOR DICKEY: Our call to the public, did we have any speaker cards today? MENDENHALL: Yes, Mayor, we do. MAYOR DICKEY: Thank you. MENDENHALL: Crystal Cavanaugh. MAYOR DICKEY: 1 was asked to remind people to speak into the mike. 1 guess sometimes people at home aren't hearing very well, so thank you. CAVANAUGH: Good evening, a Fountain Hills resident. The property at 16927 East Saguaro, which was marketed as a potential wellness rehab property, is zoned as C-O, commercial office. In our existing, clearly defined ordinance, C-O is meant for well -designed, attractive businesses that meet criteria for professional or semi-professional offices that transition between other commercial land uses and residential neighborhoods. It specifically lists business types that conform to this zone, such as accountants, doctors, dentists, chiropractors, engineers, private detectives, lawyers, and financial institutions. The only type of counseling services allowed is for marital counseling and an Page 11 of 54 TOWN OF FOUNTAIN HILLS Page 12 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES application for a business license to operate here absolutely should not be approved. It is an easy decision for the town staff, deny unless it conforms to the zone, and they should not be allowed to deceive by using the generic, broad -brush description of counseling. They need to be specific in their business description in order to best serve the interests of our residents. Their NPI number tells you what their field is. Angel Heart Health Services has a taxonomy provider number associated with being an addiction or substance use disorder counselor. Their state licensing encompasses addiction, substance abuse and/or behavioral health services, including crisis intervention, mental health stabilization, intensive in -home therapy and day treatment. The owners are behavioral and analysts. Plain and simple, behavioral health services do not conform to this zoning, even when they call it counseling. We have an ordinance that clearly states where behavioral health can occur, and it cannot occur in C-O. To those staff that are involved, what more is there to evaluate? Why should residents have to worry that you'd consider approving this? Do you think that you can just expand an existing ordinance on your own without input? And why does Angel Heart have medical staff on board, if they only offer marital counseling? Any behavioral health occurring in this location is a clear zoning violation. To John Wesley and town staff, you have been provided with extensive information about Angel Heart Health Services. The work and research was done for you by others. Angel Heart's own website tells you exactly what services they provide, behavioral health. The town needs to follow the zoning ordinance we have on the books, represent the residents, and deny a business license to a nonconforming business. There is zero plausible deniability if you approve this. All interested parties have now been made well -aware of what services this business provides. Thank you. MENDENHALL: Next, we have Larry Meyers. MEYERS: Mayor, Vice -Mayor, Council. It gives me no pleasure to stand here, meeting after meeting, stating the obvious to elected officials, that they serve at the pleasure of the people, the key word being serve. I'm certain that uninformed town staff have possibly misled that what you're being Page 12 of54 TOWN OF FOUNTAIN HILLS Page 13 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES served with currently is of no value. On the contrary, this notice that I will hand out tonight has its base in the Arizona Constitution, of which as an elected official you swore an oath to. Delivered to you, council and staff on the dais as we speak, are copies of such notice submitted by residents of Fountain Hills, stating once again the obvious, that under provisions of the Arizona Constitution, after having supplied voluminous amounts of research on the subject of a business license being issued for this particular use in this commercial zone, that the decision does not rest with an unelected staff member, but rather with the input from the people, discussion by the council, perhaps first in an executive session and then being placed on a future agenda for discussion and possible action. Further, Town Manager Miller has stated to Senator Kavanagh that the unelected Town Services Director, Mr. Wesley, has the power to expand the ordinance to include this use. We the people think not. Arizona Constitution, Article II, Section 8, quote, please notice that any proposed franchise which disturbs or adversely affects the people in their private affairs or causes any disturbance or has adverse effects on home or property is without authority in law. The residents, the people, have expressed such concern with this notice tonight and request that the council take this under advisement by instructing Town Services Director Wesley to stay the issuance of such business license until council has had a chance to discuss this issue in its entirety, place it on the next agenda for public input and discussion, at which time an informed decision can be made by elected officials, not staff, based on town ordinances currently codified. Thank you for your time once again. MENDENHALL: Next, we have Bobbie Kennamer. KENNAMER: Good evening. Grady, I never had the opportunity to work with you, but thank you for everything you did for our town. Again, Bobbie Kennamer. I live in Sunridge Canyon. I also serve on the board and I'm still very, very concerned about this park that we're talking about. 1 haven't seen the new drawings. I would love to sec them. I get questions Page 13 of 54 TOWN OF FOUNTAIN HILLS Page 14 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES frequently about what is that park going to look like. Most of the people, again, do not want it. We just don't want it and I know that we had proposed your making it a permanent preserve or possibly buying it back at a reasonable price. And I haven't heard anything back from that and 1 just wanted to make sure that you guys understand that this is in the heart of our community and we really want to see what it's going to look like. And another thing that I'm concerned about, when I went back, 1 think it was at a retreat that you guys had, it said something in there about, you know, this is what we're going to do right now. It's going to be trails. But then we'll leave it open to make future improvements. Well, that concerns me. I want to know what that's going to look like and I think it's pretty reasonable because it's right in the heart of our neighborhood. So that's what I wanted to get up and talk to you guys about. Thank you. MILLER: Mayor, if you don't mind, I'll have Ms. Goodwin get with her. Maybe if you don't mind going to the back of the room, and Ms. Goodwin can talk to you a little bit more about it and how you can obtain what we have currently on drawings. MENDENHALL: Next, we have Jerry Butler. BUTLER: Mayor, council, thank you for this opportunity. Tonight I'm standing here as a 24-year, full-time resident of Fountain Hills. When my wife and 1 moved here in 1999, we knew absolutely nothing about this town and thus we promised each other that if we did not like it after two years, we would leave. As you can see, were still here. We love this town, and we immersed ourselves in the community by volunteering in countless ways. So tonight, maybe I'm here talking about volunteers in the community. During our 20-plus years of involvement in Fountain Hills, we have worked with five Town Managers. And without a doubt, the one on the dais tonight is the best. Thank you, Grady. I know it's been reported that he chose to retire. But personally, I don't believe that. Yes, Fountain Hills will move on next month without him, but not at the same pace, in my opinion. When Grady leaves, important background information and Page 14 of 54 TOWN OF FOUNTAIN HILLS Page 15 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES synergy will leave with him and it will take years to recover at a huge price tag. Over the years, I've had the privilege to work with Grady on numerous projects and without a doubt, he has been the most responsive, always addressing questions in timely ways, even on weekends, and I must add, always very professionally. While we have not always agreed on the approach to each topic at the beginning, his thoughtful explanations always made sense and the outcome was right on target. Fountain Hills always ended up being the beneficiary of his decisions. I never sensed that this was ever a J-O-B, a job for him. It was his passion to do what was right in Fountain Hills. In closing, Grady, thank you for everything you've done for our community. Without a doubt, our loss will be another community's gain. You will be missed. Thank you. MENDENHALL: Next, we have Liz Gildersleeve. GILDERSLEEVE: Good evening. Mr. Meyers recommended during his Call to the Public tonight that the business license for the Saguaro property be added to a future Town Council agenda before a decision is made on the application. I support that. We need to know why our own town staff even considered for one moment the idea of not applying the zoning ordinance to this property. This is so wrong. If this is the precedent, why have zoning ordinances at all? I hope we can all agree that ignoring our own zoning ordinances is not good for our town. Please add this business application to a future Town Council meeting agenda. That would be the prudent thing to do. Given what residents have mentioned tonight, it needs serious daylight before a decision can be made. Thank you. MENDENHALL: Next, we have Lori Troller. TROLLER: Good evening, Mayor, Council, Grady, Aaron. In referring back to my last CaII to the Public regarding the moratorium, I was advised that automatic moratoriums are put in place when ordinances are being updated and that's highly unusual, so that was researched in code and policy and that wasn't found anywhere. So if anybody can quote that as policy, I'd appreciate that. And if not, I Page 15 of 54 TOWN OF FOUNTAIN HILLS Page 16 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES respectfully request for a second time that a moratorium be placed on telecommunication interactions, that being applications, permitting, and installations. Thank you. MAYOR DICKEY: Can we answer? ARNSON: Yeah. Mayor and Council, as you know, I've been in trial the last couple of weeks, so I haven't had an opportunity to send out a response. I did take that to our consultant and have a response for you and a proposed course of action. So I'll go ahead and share that this week. Thank you for your patience. MAYOR DICKEY: Thank you. MENDENHALL: Next, we have Ed Stizza. STIZZA. Good evening, Madam Mayor, Vice Mayor, and Town Council and staff. I'm going to talk about a couple of things that seem to continuously bubble to the surface and they fall under aesthetic. But I can say one thing, there is nothing more important than what Larry, Liz, and Crystal have talked about tonight. So we have got, got, to protect the town. I said it at the P&Z meeting. I'm going to say it over and over again. It's time for you all to make a decision on which side of the fence you're on. Either you're going to do everything you possibly can to protect this town, the aesthetic, our dark skies, our quality and way of life. 1 mean, the list goes on and on and on. And we constantly supersede it, so -- Now going back to the aesthetic, so we seem to be in a tremendous downfall as far as trying to blend new construction projects into our town aesthetic. And I've been here on and off for almost 23 years and I can't believe what is happening. So -- and it's accelerated. So all's you have to do is open your eyes, drive around, and see what's happening. So if somebody could please tell me that they really think that this town is being blended aesthetically, then please give me the reasons that you think that, all right? So I want to give kudos to Rachel and Kevin Snipes for pushing -- even with all the naysayers -- pushing along the skate park. And that seems to be accelerating, which is great. And by the way, thank you for turning up the gain on the microphone. So that's great, so everybody can hear. Page 16 of 54 TOWN OF FOUNTAIN HILLS Page 17 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES So a couple things with the aesthetic. If you guys haven't looked collectively, take a good look and one of those things I'm going to just beg this Town Council to do is initiate a painting ordinance. 1 don't know what designer thinks that desert colors and blending black, white, and gray with white stripes is conducive to making our town as best as possible. So I really want somebody to step up and take a look at our ordinance. It's extremely vague, extremely vague. So maybe somebody can get on top of that. The other projects that are going on. We already know about Adero Canyon. I mean, the destruction of Adero Canyon should never have been allowed so -- and I mean, it takes longer to do it the other way and obviously up in Golden Eagle Estates we see the end result of that. Adero Canyon was allowed by this town to strip mine all that land and destroy Adero Canyon. The luscious canyon in McDowell's. So that's another one that falls under aesthetic, so. MAYOR DICKEY: You're (indiscernible). STIZZA• Oh am I? Oh my god, I didn't hear the buzzer. I'm sorry, Mayor. MAYOR DICKEY: Yeah, it was going off STIZZA- Oh my gosh. Oh, I didn't -- I didn't even -- I should've seen the red light. Anyway, thank you. Have a good -- MENDENHALL: Matthew Corrigan? CORRIGAN: Madam Mayor, councilmembers. I have spoken to the council and the Mayor before here publicly about the issue of detox housing and so on, and the old adage about well said is well done -- well, I don't need to repeat what's been well said. And I think Crystal and Larry and Liz have encapsulated that into a succinct message. And that is in -- on the Saguaro property, take a good hard look at that, remember and consider what Larry has presented. And saying that, I'll just have a seat and let the process move on. Thank you. MENDENHALL: Mayor, that it's for public -- Call to the Public. MAYOR DICKEY: Thank you, Linda. Thank you all. Our next item, our Consent Agenda items. As always, if anybody has anything they'd like to take off, they can. Otherwise, could I get a motion? MCMAHON: Move to approve Consent Agenda. Page 17 of 54 TOWN OF FOUNTAIN HILLS Page 18 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES GRZYBOWSKI: Move to approve? Is that what you just did? MCMAHON: Um -hum. GRZYBOWSKI: Okay. Peggy did that. I'll second, then. MAYOR DICKEY: Thank you. All in favor -- roll call, please. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Ayes. MENDENHALL: Councilmember Skillicom? SKILLICORN: Yes. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes unanimously. MAYOR DICKEY: Thank you very much. Our first item on our regular agenda is approval of our proposed Fountain Hills logo. Straight to Amanda, huh? Thank you. JACOBS: I'm back to talk about the logo. All right. Good evening, Madam Mayor, members of council. So again, were here tonight to talk about the Fountain Hills proposed logo. I'm going to give, just in case there's someone new in the audience or new watching from home, just a little bit of background of where we've been and where we're heading. All right. So back last February during a council retreat, it got brought up to look at our branding and logos. And the why behind it was, as you can see, there are several Page 18 of 54 TOWN OF FOUNTAIN HILLS Page 19 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES logos that the town was using. We have our town seal, which is 33 years old. If then you look to the right, the script logo as we've calling it, that's been used for about two to three years. The Fountain Hills, or I call it the polka dots, I'm not sure how long we've been using that, I couldn't find that record. And then the Fountain Hills Economic Development was created back in 2014, but I will admit and share with you I have not been using it. I've been using the script logo. And so when there's so many different logos put out there, we don't know who Fountain Hills is. So it sort of begs the question of, will the real Fountain Hills please stand up? And wanting some consistency. And so when 1 was hired last March, Grady and I spoke about this and I agreed that we should move forward. Also, when were looking at a brand and moving forward, we need to look at our competition. As you can see with Gilbert, Phoenix, Tempe, Chandler, Mesa, they've become more modem. It's a symbol. When you see the Phoenix symbol, you don't need to know where it is, right? They have that brand identity. And you'll also start to see that municipalities are moving away from town of, city of, because then it's kind of very govemment-y, official, and so they've moved away from that to be more welcoming as a community and then let's fact it, some people don't really trust the government. And so those arc some of the reasons behind it. So back in June, we did a professional RFP process. Again, we had six folks submit a bid. We narrowed it down to one. It was issued to Gordley Group. Part of their initial process was conducting a survey. It was out for about two weeks as you'll see, and they mentioned to you in January they anticipated just with their 20 to 30-year history 50 responses. Well, our folks are a little bit interested. We received 754 responses and 5,000 comments. Additionally, we also had three different focus groups. Some was geared towards residents, businesses, and then our government officials. I've been the lead on this project with my partner in crime, Bo Larsen, and so we started to sec, you know, this was going to take a little bit longer than anticipated, so we also included our counsel Lex (ph.), which is now the counsel, and so had those focus groups. So from there, Gordley Group started to put together some design concepts. So Page 19 of 54 TOWN OF FOUNTAIN HILLS MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 20 of 54 on January 17th, the council was presented with option A, and then option B. So option B, there really was no consensus to move forward with it. There's sort of kind of a fountain, but hard to see. It's really showing the natural beauty, the sunshine, the mountains. And so just going back real fast, council did not take action that night. But we felt we had a good consensus to move forward with the consultant on modifying this logo, so wanting to see mountains, could we do something with dark skies, could we add color? And again, I just want to point out one of the reasons that staff liked this so much is it's -- again, it's modern. When you look at it, some art is in the eye of the beholder, you can see the fountain, and we feel like with the three, there is almost that movement, which sometimes we see that shift as the mountain goes off. So based off of council direction, we went to work. And so I reached out to the Town Council and asked if you guys would meet with me one on one or in pairs. And so you'll see at the bottom, so the left, what happened was the consultant added the four peaks and you can see a little shadowing of the lake, and they also created an entirely different logo. There's different variations, but all of them could be used. But if you look to the bottom right, there's some stars and then a tribute to the dark sky. During my one on one conversations with council, everyone still leaned more towards option A, although some shared with me, hey, if the group likes option B, we can go with that, too. It's beautiful because it's showing again the fountain and the four peaks. So some of the comments I received to make additional changes was part of our iconic fountain is the lily pad or base, some people call it a little bit different. But also could we do anything else with the -- what were going to call the spray. Those three symbols. So a few more weeks went by. And so we've got some more additions. Unfortunately, it didn't work out nicely, so it took a little while to get with council with council's schedule as well as mine. So you'll see the first one, very Asian, concept one, two. We have added the lily pad. The lily pad was added to option 2 and then the consultant presented a third option, and then I'll just share with you, all of you did not like option 3, but just for transparency for all of you and the public, showing it. So Page 20 or 54 TOWN OF FOUNTAIN HILLS Page 21 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES showing that different direction of the spray. So based on, again, everyone was leaning towards option A. I understand a couple people still really weren't sure about this -- the spray. And so we started moving in the direction of bringing this forward to council. So over the weekend, I did receive a couple of inquiries from council of, I'm still not so sure about the fountain. And so we now have another iteration. I apologize that you're now seeing this. 1 got this in my hands this morning, had to modify the PowerPoint. So again, hopefully you'll see that dark line is the fountain and then sort of the spray and mist, those two lighter lines. And again, to just sort of show the transformation to the council, the public, here are all of the options. Staff is recommending option 2 or 3 and then we are hoping and respecting that you guys will be able to take action tonight because part of again the 20,000 that has been invested in this project is a third phase. So that third phase is called implementation and so what's going to happen is the consultant will produce a brand style guide. They're also going to build templates to start using this. And again, we need to make sure that this transfers to clothing, to a business card, the stationery, so print and web design. And with that, but I'll just leave this up, I am happy to answer any questions regarding the logo or help with a motion. Again, we're respectfully requesting option A, but there's still B and C in your packets. Madam Mayor? MAYOR DICKEY: Thank you. I appreciate that very much. What I'll do is I'll see if we have any speaker cards first and then we will ask you questions and discuss. MENDENHALL: At your dais is a comment. They're not going to speak, but they just wanted to give their thoughts on option A. They vote for option A. Hopefully, they're still voting for that option A, now that we have a third option in there. And then speaking, we have Ed Stizza. Oh, and that public comment was from Liz Gildersleeve. MAYOR DICKEY: Thank you. STIZZA• I'm not so excited about that. Okay, so what do I say without being, again, derogatory? Is this the vibrancy? I talked about aesthetic. Maybe there's something within these designs that might Page 21 of 54 TOWN OF FOUNTAIN HILLS Page 22 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES work. I mean, obviously our logos here have lasted because they seem to have worked. Certainly, our town seal still looks official, or at least I think it does, and certainly seems to carry the weight. Again, this is such a major decision. You're changing the whole look in Fountain Hills in so many different ways, in so many different prints, and it's going to go all over the place. So I just wish there was more time spent on such a major decision that is going to end up being adopted for some time. This isn't something you're going to change right away. So again, colors? Oh my gosh, 1 don't know what to say. I really don't. I know it's opinion. I really understand. I understand everybody wants something more modern. I understand that the town would not be a part of this, right? So as far as it's not going to say Town of Fountain Hills; is that correct? But if there's just some more thought put into it. It would really be nice to sec more color options. This still seems to just stand there. It doesn't jump out. Certainly, the one logo with the stars, then it seemed to start to go down another path. But it needs more color. I mean, again, color's everything. And like I was talking about earlier with the town, so and again -- Oh, I meant to say, also, thank you to the town staff and council for working on which this -- as far as the CIP budget. Thank you. So anyway, I hope you guys take a look at this a little bit stronger. MENDENHALL: That's it for public comment on this item. MAYOR DICKEY: Thank you. Amanda, would you address the color, please, and also answer about whether town of is going to remain, or is that something we're discussing as well? JACOBS: Madam Mayor, so what is before you, we have kept town of, as you'll see. So if you approve that, it will say Town of Fountain Hills, unless you tell us otherwise. And what was the other question, Madam Mayor? Oh, the colors. MAYOR DICKEY: Color, yeah. JACOBS: So it is always tricky to show color. So we got direction on January l7th to show color. We will, once we get direction, well play with more color options, but that's again towards the implementation. As you'll see, there's been three variations, two new logos. If we don't start moving the needle, I will have to come back to you for more Page 22 of 54 TOWN OF FOUNTAIN HILLS Page 23 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES money, and I'm trying to keep it at the 20,000 with the other phases. But yes, there will be additional color options. And then also to remind everybody, this is going on let's just say different ads. Sometimes you're not going to use the full color because it could start to compete. So you may use a white, you may use a black, and that's where we leave it up to the graphic design professionals. MAYOR DICKEY: Thank you. So basically, you always wanted us to look at logos using all the same colors, so that we weren't making a decision based on I like red better than blue, or I like purple better than whatever. So these are purposely this way, so that were really focusing on the logo. But depending on if it's a shirt or whatever, or a piece of paper, it's going to be different colors. And then the official seal, we will continue to use that as our official seal, so we'll have that and then we'll have this new more updated one. JACOBS: So that's correct. 1 failed to mention that. So well continue to use the town seal in official capacity, so when it makes sense. But let's just say I am writing a letter or doing a presentation, and I've shared this with most of you, the day after our first conversations one on one I had the opportunity, thanks to the Greater Phoenix Economic Council, to actually give a pitch to over ten site selectors from all over the United States. So again, we're trying to appeal to employers, employees, create that sense of place, try to attract and bring some young professionals. So this is again, art is in the cyc of the beholder, but this is a little bit more hip than the town seal. And I don't mean any disrespect. MAYOR DICKEY: Thank you. 1 see lit up Councilmember Friedel. Would you like to comment? GRZYBOWSKI: That's actually me. I noticed that they switched the cards, so I didn't want to just like switch it in the middle of my having the button pressed, but I can do that. MAYOR DICKEY: Councilwoman Grzybowski? GRZYBOWSKI: First, I really appreciate the fact that were trying to make a more modern, current version of the logo. Like you say, we need to attract some younger people into town. If we don't, then there may not be anybody left in town. So it's important to keep the younger people in. Page 23 of 50 TOWN OF FOUNTAIN HILLS Page 24 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES That being said -- thank you, Grady, I'll swap it out in a second. That being said, I have not consulted with the two people that I told you about the last meeting that called this the Sydney Opera House and the napkin holder, but I do feel like we've lost those two things that those people confided in me about. And 1 still like A. I'm leaning towards 3. I kind of like how the back end, you can see that it's the mist that gets lighter in the background. And 1 don't mind dropping the town of Honestly, most people don't understand the difference between a city and town in any state, so I feel like just saying Fountain Hills, just like all the other people are dropping it, I don't have a problem with it at all. MAYOR DICKEY: Thank you. Councilwoman? TOTH: You can see me nodding along, because I'm still just as giddy as when I saw this the first time. And then the version 3, I love even more because it completely takes out that napkin holder and Sydney Opera House thing we're kind of worried about. But I am so, so thrilled that we have the lily pad in there. I think that is such a staple of the community. I love it. Option A, version 3, I'm all for it. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, it's funny, because I pulled out the February 1st edition of the Fountain Hills Times today and just found a review of what they thought about it and I know it did get a mediocre review, but I see you've done a lot on work on this and I really appreciate that. Yeah, quoted in that article was Councilwoman Grzybowski that did mention the napkin holder and the Sydney Opera House. And so I'm glad that you took that to heart. I think we all kind of had a good laugh that night and I think it was funny. But you seem to have captured the essence of our guidance. I do like number 3, the variation number 3. That looks good. I might tweak it a little bit and make the fountain go a little up, higher, and then with the splash, because it looks like it's going on the side right now. And so if we could kind of tweak that, that would be great. But overall, I think that's a much more improved one that I think that I could live with, too. Page 24 of 54 TOWN OF FOUNTAIN HILLS Page 25 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES As far as the town of, you know, when you showed us our competition, I'm not sure they're our competition, but you showed them to us and you know, Tempe, Gilbert, I kind of like that and so I would be for removing the town of and just put Fountain Hills on there. And I think it's cleaner. It's a better look. So thank you for all the hard work that you've done. I can see it in the work product. MAYOR DICKEY: Thank you. MENDENHALL: Yes, I have. Lori Troller would like to speak. TROLLER: I'm not taking away from your work at all. This is a lot, I know. But just me looking at this, this is just an aesthetic thing. The ones on the top, and I can't unsec the napkin holder, it's a 3D dimensional thing and the base, that being the fountain itself, is also 3D. But on the three lower, version I, 2, and 3, the mountains are straight on flat, so is the base of the fountain, yet the spray is three-dimensional. So if we're tweaking things, I would kind of tweak the base to be a little more three-dimensional. And that might be a little easier on the eye because up top, that looks nice. It's all kind of at that same angle. It looks like it's coming up from a little high, but when you see the lower ones, it's like on the bottom it's just too straight. Too straight on the mountains and too straight on the base. Very sorry to have done that, but it's just -- that's not a thing to my eye. But I think they're neat. But I do love the old emblem and that's really weird that I would do that because that's not me. But I'm glad we're keeping that any capacity, so thank you. MAYOR DICKEY: Thank you. Vice Mayor? MCMAHON: Thank you, Amanda, for all your hard work. I like the original A. I think it's much more sophisticated and I think it's in line more with the logo as well that we currently have and hopefully we're still going to use that particular one. I like the -- 1 guess it is -- if we have to go with having the mountains behind it, the B one, because I think it's more 3D. The last one, I think it looks more like a loop versus a fountain, even though it Page 25 of 54 TOWN OF FOUNTAIN HILLS Page 26 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES fades. 1 don't think it has the same 3D effect to use her verbiage. But again, I prefer A. But thank you so much for all your hard work. I appreciate it. MAYOR DICKEY: Thank you. Gerry, did you have anything? FRIEDEL: I like option 3 the best out of all of them, I think. Amanda, you captured everything everybody brought up, the lily, the mountain, and then the redefined fountain. So good job, well done, and thank you for your hard work. MAYOR DICKEY: Thank you. 1 liked the first one, you know, straight off the bat, and 1 also like variation 2. But it sounds like everybody likes variation 3. I don't know -- 1 get what you're saying about making it more straighter, but I don't know if we're to the point of fooling around with anymore. So I think variation 3 sounds like the go -to, and also I'm okay with taking town of out. I like that, just Fountain Hills. So did you feel like -- well, should we do that like as an amendment or something like -- when we do the motion? JACOBS: Ycah, so Madam Mayor, if someone wants to make a motion, if you could just say I approve option A, variation 3, with the removal of town of. MAYOR DICKEY: Sharron? Councilwoman? KALIVIANAKIS: Oh. GRZYBOWSKI: Go ahead, Brenda. KALIVIANAKIS: Okay. Yeah, I think we hit the tree at the same time. I guess, as you work with the company, could you have them straighten that out a little bit more? I mean, is that within the realm of reason? JACOBS: So Madam Mayor, Councilwoman Kalivianakis, so yes. Even though this is what you're approving and it's like somewhat final, again, we're going to continue to work on colors. We'll modify sort of the direction and again, if they start to say we can't do this, I'll make sure to keep you apprised because there were some things they couldn't do today I won't get into because again, don't want to put additional visuals out there Page 26 of 54 TOWN OF FOUNTAIN HILLS Page 27 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES besides the fancy napkin holder. But yes, so there's still that option. MAYOR DICKEY: That'd be really appreciated because I think it also would take -- I don't know, you said a loop. It would kind of help that part of it, too. So it's almost the same as the other one, except, you know, it's not going to have that same 3D look to it. So somebody want to make the motion? Sharron? GRZYBOWSKI: Move to approve option A, variation 3, of the new Fountain Hills logo with the exception of the words town of. TOTH: Second. MAYOR DICKEY: We have a motion and a second. A roll call, please? MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Ayc. MENDENHALL: Councilmember Friedel? FRIEDEL: Ayc. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom? SKILLICORN: Yes. MENDENHALL: Councilmember Toth? TOTH: Ayc. MENDENHALL: Vice Mayor McMahon? MCMAHON: Reluctantly, aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL- Aye. It passes unanimously. MAYOR DICKEY: Thank you very much. JACOBS: Mayor, just one thing. Don't get too excited, but again we're going to start using it. There's still some additional work we need to do, the implementation, so give myself, Bo, as well as the consultation about 30 to 45 days. But again, we'll keep you apprised and well make a big splash. Thank you. MAYOR DICKEY: Thank you. So now Bo and you give us great things that we can't Page 27 of 54 TOWN OF FOUNTAIN HILLS Page 28 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES use yet. Thank you. JACOBS: Thanks, guys. MAYOR DICKEY: Our next item is a budget transfer. David -- or Grady, did you have just -- to intro? MILLER: No. Mr. Pock, our Chief Financial Officer, will give you an overview of these transfers and what they're for and why we're making these. So with that, I'll turn it over to Mr. Pock. MAYOR DICKEY: Thank you. POCK: Perfect. Mayor, Council, if you approve this, they'll be able to start using it tomorrow, so just so you know. MAYOR DICKEY: Oh, good one. POCK: I do not have a presentation for you, just what's in your packet, as far as the transfers. There's three. Obviously, the most substantial is the 3.7 million to Streets, to the Streets Fund for pavement maintenance. And then there's two additional transfers, one for Facilities Ops to do some landscaping work here around Town Hall, and then 20,000 for Economic Development for marketing and advertising, so -- Is there any specific questions that you might have about any of those? MAYOR DICKEY: I'm not seeing any. Do we have any speaker cards? MENDENHALL: We have one, Mayor, and it's Barry Wolborsky. WOLBORSKY: I bet you don't know what I'm going to talk about. I am Barry Wolborsky and I'm a resident of Fountain Hills and I am the Treasurer of the Sunridge Canyon Community Association. And of course, I'm going to talk about the park. MAYOR DICKEY: Sir? WOLBORSKY: Several members -- MAYOR DICKEY: Sir, did you want to talk on this agenda item? Because that's -- WOLBORSKY: Yeah. There's a -- in the funding, there's funding for the park, which 1 would like removed. MAYOR DICKEY: I don't think there is any funding for the park in this particular thing. Page 28 of 54 TOWN OF FOUNTAIN HILLS Page 29 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES This is just moving -- David, maybe -- WOLBORSKY: Wasn't that addressed as a capital expenditure? MAYOR DICKEY: Maybe David could explain a little bit. Thanks. POCK: So in this transfer, there's no transfers -- there's only one transfer from the capital fund, which was taken from the project, the Golden Eagle impoundment area. But there wasn't anything for Sunridge Park. WOLBORSKY: There was nothing in it? POCK: Nope. WOLBORSKY: Okay. I'll sit down. POCK: And the reason the Golden Eagle impoundment was removed is we anticipated that construction would have been able to start this fiscal year, but it wasn't. So instead of letting that budget die there, we decided to move that into Streets. MAYOR DICKEY: Thank you. MCMAHON: 1 move to approve the attached budget transfers as requested. KALIVIANAKIS: I move to second. MAYOR DICKEY: Thank you. All in favor, please -- a roll call? MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Page 29 of 54 TOWN OF FOUNTAIN HILLS Page 30 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Thank you. MENDENHALL: It passes unanimously. MAYOR DICKEY: Very good. Our next item is approving our proposed updates as discussed at our retreat. Grady? MILLER: Yes, Mayor. So what is before you, there were some what 1 call housekeeping items that we talked about before with the council. One specifically was scheduled public appearance that residents could ask to be added to a future agenda and be scheduled to speak. That was one of the items that we were recommending that we would remove. The other part of this is the distribution of notices and agendas. We are specifically asking for some changes there. Also, agenda preparation. And then also order of business for the agenda. We're recommending some other changes with that. I'm going to turn it over to Linda, our Town Clerk, who actually is the one who did the work on this and she can go into a little bit of a presentation that she's prepared for this. With that, I'll turn it over to Ms. Mendenhall. MENDENHALL: I know at the council retreat we talked about certain items, but when I start looking at things, I start seeing other things, and I'm hoping you'll indulge me on a few of these changes. But 1 didn't get to do as many as 1 probably would've wanted to, just for the fact that we wanted to hurry up and get this out here and start moving forward since we just talked about it at the retreat. But there are certain things that -- it could be updating on page 1. As you see, on page 1, and I have it up here so that our residents can see it as well. Just minor change. It's the 12th edition of Roberts Rules. So that's the first thing. And then on our page 2, we need to update our website, our web address. So it's just little items like that as well. And then on page 3, under quorum, I made a change to -- we strike out the with a seven -member body, a quorum of four, unless otherwise specifically authorized by state law, and change that with unless otherwise specified in state law or the town code, a quorum is the majority of members of the public body. Page 30 of 54 TOWN OF FOUNTAIN HILLS Page 31 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES This will help us if there was ever a vacancy or we have any disqualifications, so removing that language. And I also wanted to let you know while I'm going through each one of these pages, if you've made any notes yourself let me know because I did bring my red pen. So I just want to go through each item, just to bring it to your attention to see if you approve of it or not, and then we'll go on. I added the language on page 3, under regular meeting date and time, adding in compliance with state law. MAYOR DICKEY: Do you think we could make that -- you're on page 3 now, right? Yeah, maybe you advance that, thanks. MENDENHALL: There. Okay. And so it's in red. And we're on quorum, and then lower down under regular meeting, I add in compliance with state law. It's just some things, just to bring it up to date. On the next page, under special meeting, it talks about in case of an actual emergency. That's actually covered down in emergency meeting, so it doesn't really need to be there. MAYOR DICKEY: Yes? KALIVIANAKIS: If I could, Ms. Mayor? MENDENHALL: Sure. KALIVIANAKIS: Yeah, this is one of the ones that 1 use my little red pen on. MENDENHALL: Okay. On page 4? KALIVIANAKIS: It's on -- MENDENHALL: Okay. KALIVIANAKIS: --3.3, special meetings. MENDENHALL: Okay. KALIVIANAKIS: I didn't know if there was another contingency for that, but you know, if there was an EMP that went off and we lost all the power, I would hate to have to think we have to give 24 hours' notice for us to have a meeting and set up a formal meeting with the council. So 1 guess my concern was if we had an actual emergency, would we have to have a 24-hour notice? Page 31 of 54 TOWN OF FOUNTAIN HILLS Page 32 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: No, you don't need to have a 24-hour notice. If let's say something like the emergency electrical outage and we needed to have a -- KALIVIANAKIS: Yeah. MENDENHALL: -- quick meeting, we can have that meeting. Its posted as an emergency meeting and it doesn't fall under the 24-hour notice requirement. KALIVIANAKIS: So that would be someplace else in the code? MAYOR DICKEY: It's in another area. KALIVIANAKIS: Okay. MENDENHALL: It's in the emergency meeting portion of it, yes. KALIVIANAKIS: Okay. Okay. Thank you. MENDENHALL: And then on page 5, that's just another update. Is that 5 up there? Okay, there it is. It's just changing the web address to the new one. Page 6 is -- this is where -- one of the items that we talked about at the council retreat. And this where we're adding that future agenda item category. We're updating how a Mayor and councilmembers can bring an item forth. And so the Mayor or a councilmember with the support of two additional councilmembers may direct the Town Manager through the future agenda item category to place an item on the next available agenda for consideration and possible action. Do we have anything we want to say -- everyone okay with that? Okay. We also added unless authorized by state law under agenda preparation and availability. This is another section that we talked about at the retreat and it's in reference to a citizen group, how they can get something on the agenda. We were going to remove all of this information, but 1 think it's so important that the residents feel that they have an opportunity to bring an item forth, but we need to give some parameters for that. And so updating this portion of the language to citizen or group, a citizen or a group may request an item be placed on an agenda through the Manager, Mayor, or a councilmember, as indicated above. And so let's say if you wanted to bring up an item because another -- let's just say, one of the people here told you about it. You could do that under the provision above, about how a councilmember can put an item on the agenda. Page 32 of 54 TOWN OF FOUNTAIN HILLS Page 33 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES UNIDENTIFIED SPEAKER: (Indiscernible)? MENDENHALL: Um -hum. And then we would strike the scheduled public appearance language. This is just me. I noticed that the word advice should be advise, so I changed that. And then the next page, this is another item and it wasn't really discussed at the retreat, but it's something that we need to think about with respect to handouts. I've been asked a few times about -- when we've had handouts from our councilmembers and so forth, if that's appropriate to do. And it is appropriate, but maybe we could put in some language to help guide that, so it looks like -- to minimize any potential open meeting law or any transparency issues. So I'll read this and see if, you know, we can discuss it and see what your thoughts are on it. Mayor and councilmembers. The Mayor and councilmembers may submit a written document handout for council's consideration regarding an item on the next council agenda. The document handout must be presented to the Town Clerk no later than 3 p.m. the day of the council meeting. Handouts submitted after the deadline will not be disseminated to the council for consideration at that meeting. That's not saying you -- if you have notes, you can talk about your notes. The Town Clerk will place any councilmember's handouts along with any online public comment cards at each station on the dais prior to the council meeting and will announce the documents when the agenda item is under consideration. This process will ensure the Town Clerk has the written document handout for the permanent record, solve any transparency issues, minimize any potential meeting violations, and avoid any disruption during the council meeting. I wanted to get your thoughts on that and see -- MAYOR DICKEY: Vice Mayor? MCMAHON: Thank you. I agree with that because I think it's really important to be transparent and not just hand things out when we're in the middle of discussion or looking at something and have to read it, comprehend it, and say yay or nay to it. However, one thing I would like to see changed is I would -- instead of 3 p.m. the day of, 1 would prefer to see it by 5 o'clock p.m. on Monday, the day before the meeting. Because then usually we're all preparing, I hope, over the weekend and stuff on Monday Page 33 of 54 TOWN OF FOUNTAIN HILLS Page 34 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES for the council meeting and if there are going to be any additional handouts, I would like to have them available the day before, so that 1 could take them into consideration when I'm reviewing the agenda items. I think that would be fair to ask of everybody. MENDENHALL: What does the rest of the group think? 1 can get a consensus on that. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Yeah, this was another one that 1 redlined. I think that the -- I don't like the 3 p.m. I think that it should be up until the time of the meeting, and then cutoff at the -- 5:30? 5:25? Just to be fair to you? Someplace right before the meeting begins, I think that'd be more fair. Then the other concern I have is in the past when I've had a motion to amend, according to Roberts Rules, if you have a simple -- and Aaron, you could probably wcigh in on this -- if you have a simple motion to amend, if you want to strikc out a word or add a phrase, that can be done verbally. But if you've got a complicated motion to amend, the Roberts Rules want you to put it in writing because it gets complicated. On the other hand, a lot of times these things, they just take a life of their own. You've got a motion, a motion to amend, it comes back, you want to do a reamendment, so you can't anticipate every amendment during a meeting that you might have during the meeting. So how do we address that if these things have to be tumed in before the meeting? It would seem to contravene the Roberts Rules of providing complicated amendments in writing. ARNSON: So Mayor and council, 1 think there's two parts of an answer to that question. And I don't want to speak for Linda because she was the one that prepared this document. But I think it probably doesn't convolute the need to -- if there's need for substantial written amendments. I mean, I'm assuming were not writing those during the meeting, so if you have them to print out and bring, then 1 guess that would fall under the scope of what the Town Clerk is talking about. You're absolutely right that if there's a simple -- excuse me -- motion to amend, you know, a word change or to change some aspect of it, those of course should be done orally, you know, right here in the meeting. I would agree with that. MAYOR DICKEY: Councilwoman? Page 34 of 54 TOWN OF FOUNTAIN HILLS Page 35 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: And 1 would agree with that as well. GRZYBOWSKI: Short amendment, not a big deal verbally. I totally agree with that. If it's going to be a lengthy page, 1 do support bringing it to us the day before, so we have an entire day to review it. When I get emails at 3 o'clock or after 3 o'clock on council day, I very rarely read them. I might notice it, but I very rarely have a chance to actually open my email and review it, let alone wanting to open up a PDF from my phone if I'm actually already on my way here or whatever. So I would also appreciate the day before, giving us the entire day of to review and then if we have any questions, we can consult the director of whatever department we need to do, or if we have permission consult the Town Attorney or whatever person put it together. I don't know how that kind of stuff would work. But inevitably, we may have questions and asking us to review something right here, right now, sitting on the dais that's lengthy, I think that you're putting undue pressure on the people sitting on the dais and you don't know what kind of results you're going to get when you have that kind of pressure. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, just to restate a point that might have been lost and that is, you know, sometimes during the debate, you can't anticipate an amendment might fail and then you might want to reamend. And again, that could be a lengthy -- you can't anticipate the day before where a conversation might go. And so I'd just like to make some kind of a provision and if — you know, I go to LD3 (ph.) meetings and yeah, right during the middle of the evening they're writing down this and this, and then they hand it in, this is my written motion to amend, or this is my written motion. So during the middle of a meeting, it is feasible to actually draft a quick motion to amend so they can have it in writing and submit that to the parliamentarian under the chairman to be considered for a vote that evening. So it seems like this would be precluding us from doing something that we have a right to do, which is file a motion to amend and then bring it back and then reamend it. And so I think that's a little bit of an Page 35 of 54 TOWN OF FOUNTAIN HILLS Page 36 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES issue that we have to deal with. MAYOR DICKEY: Vice Mayor? MCMAHON: I think we're talking two different things. We're talking that if you, say, have an ordinance and you change the ordinance and you bring it with you and all of a sudden you give it to us. You've already prepared it ahead of time. Where I'm asking for consideration that we have those documents ahead of time. so like Sharron said and I said before that we can comprehend it, we can study it along with the agenda and if need be, we can call a director or whoever and ask questions. Also out of respect for your time. 5 o'clock the same day, getting documents like that, trying to put them together, is really undue pressure on you and it -- 1 would think you would already be prepared for the meeting by then. And as to making amendments or motions or writing things down during a discussion, I think that's a different thing. I think that comes as a result of what you're discussing and what's before you while you're on the dais. I don't think this particular amendment precludes that. Correct me if I'm wrong. MAYOR DICKEY: Councilwoman? TOTH: I can see the reason for solving transparency issues. Is there a way to clarify the wording where if Councilmember Kalivianakis' theoretical situation were to occur, that if 1 were to take this notepad and write down my amendment and try to hand that out to everybody during the meeting because that's when it was thought of, is there a way to just clarify that language? Where if the note's written during the meeting because of the discussion -- MAYOR DICKEY: Aaron? TOTH: -- do you know what I'm trying to say? MENDENHALL: Yeah, 1 think I know what you're trying to say. We could say something to the effect that it applies to not amendments made at the council meeting. This would be predetermined -- 1 think a perfect example, and I can use this because they also provided me their changes, Councilmember Skillicom had a handout and he provided me -- and that's one of the things in here. Everyone needs to give me a copy. Residents, too. Everybody needs to give me a copy for the public record. But he handed that out, but he gave one to me, too, so that, you know, met that purpose. Page 36 of 54 TOWN OF FOUNTAIN HILLS Page 37 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES But these are things that you've thought about and this is great. You know, you should be reviewing these things and if you have some ways to make things and to improve them, please bring them. But for those that you didn't do on the fly, then this is what this is for. But maybe we can do something to show that if it's on the fly, this is not the same. TOTH: Okay. Thank you, Linda. MAYOR DICKEY: Aaron? ARNSON: And I agree with that. I agree with Town Clerk Mendenhall. 1 see both points that you're making here. 1 think that -- the way I'm reading it, were talking about if you have a handout, if there's something that you're going to distribute that's preprepared, absolutely, whatever day or time you establish as a council is fine. If there's something that's done on the fly, it absolutely should not preclude that. I do amendments, you know, I propose language for amendments on the fly. We've had to do that many times during the meeting just because -- MILLER: Or stipulations. ARNSON: -- or stipulations or whatever, whatever the case may be. So no, we'd be sort of stopping our own work, right, by precluding those types of amendments. So I think we could probably add some sort of language to that to that effect. Whether that means we need to just bring this particular provision back for consideration next time around and kind of draft that between you and me, Linda -- MENDENHALL: Okay. ARNSON: -- maybe we can do that. I don't know if that's acceptable to council. MAYOR DICKEY: Well, I have a question. So we've never -- this has not been a problem. If you have a graph or you have something that you want to be included, you know, and that's information for a meeting then, you know, that would be something that would be great to get ahead of time. But an amendment, even if it's a complicated amendment, you write it down yourself. It becomes your notes. You come to the meeting. We all hear it at the same time and no one's making a motion or doing anything on that amendment or anything until everybody is hearing it at the same time. You're right, making amendments on the fly can be kind of, you know, harrowing because you're like well, wait a minute, wait -- Page 37 of 54 TOWN OF FOUNTAIN HILLS Page 38 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES you know. But that's why we're here. That's the nature of what we're doing. And so it doesn't mean you have to write it down and hand it out to everybody. You just say it. You just say the amendment that you want. So I don't think anything in this language needs to be changed. This doesn't change the amendment process of a meeting. It just says if you have something to distribute that you know about by 3 o'clock the day -- or by 3 o'clock that day. 1 prefer the day before, too, because it does get, you know, we have our meetings at 2 to go over what were going to do at the meeting. We got Linda running around like crazy and 1 just think that the day before would be a little easier than the 3 o'clock. But either one, you know, I'm okay with. But 1 still think something written, it doesn't have anything to do with making an amendment at a live meeting, and it can be as complicated as you want it to be. But you're reading it orally and it's fair to everybody else and you're not running around handing papers where people are trying to read. We all hear it. We can agree with it, second it, whatever. So I really don't think that this changes anything that you might want to do. KALIVIANAKIS: Yeah. And thank you, Ms. Mayor. Yeah, I think were all in agreement. It's just the wording. I think that were all in agreement that if you have a study, a seismic survey study, a street study, you know, yeah, sure, get that in early. I think we all agree with that. And as far as if we did have a complicated motion, you know, I just want to make sure that, you know, we didn't get that steamrolled in this language because -- and if you do a complicated motion during the course of a meeting, you don't really have to hand it out to everybody. It's just to document it for the record, so when we do a vote we know what were voting on, and we don't do a vote and then say, well, I didn't mean that. That wasn't supposed to be -- it's the reverse I said. It's just to clarify the record, so when we vote, we know what we voted on. That's simply it. And so as long as, you know, were in agreement on that, I think we have consensus. MAYOR DICKEY: Thank you. Gerry, did you want to say anything? FRIEDEL: Mayor, the only thing 1 would say that I would add is that I agree with the Page 38 of 54 TOWN OF FOUNTAIN HILLS Page 39 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES amendment, but if the Mayor or a councilmember has an important document, like Allen shared something at one of the meetings, I don't think we should have a time limit on that the day before. 1 think we should be able to take it to the meeting and then disseminate it and make sure that Linda gets a copy of it. Because there's quite often times that we come up with information, and I haven't seen a lot of that, but there could be a time when we have an important piece of information that we need to share and we have a deadline for sharing that? I'm not sure I'm in on that. That's all I have. MAYOR DICKEY: Thank you. Thank you, Gerry. I'll add to that, though, that I noticed the last couple times we did it, the folks here and obviously the ones on -- that are watching on the television or on their computers, we're all reading something that they can't see. And I'd really rather have it be oral. So that -- 1 still agree with adding this part, making this change. Vice Mayor? MCMAHON: I'd still like it the day before. I just think it's important and if it's that important to have a handout, that's significant and it needs to be considered in advance of coming to the meeting while we're studying the agenda for the totality of the circumstances and then again to be able to call if we want to speak with a director or somebody else about it. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: One more comment. MAYOR DICKEY: I'm sorry. GRZYBOWSKI: If the majority wants the day of, I do ask that it not be later than 3 o'clock. I don't think that's fair to our Town Clerk. I know she's usually here by 5 or 5:10 every day because I'm usually here by 5:10, so I see her every time I'm in. So I don't think after 3 is fair to our Town Clerk, but I would like it the day before so that I have a -- we all have a chance to review it. MAYOR DICKEY: Thank you. MENDENHALL: Do we have consensus on the day of? I mean, how many people are okay with the day of, or how many people want the day before? MCMAHON: Day before. Page 39 of 54 TOWN OF FOUNTAIN HILLS Page 40 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES GRZYBOWSKI: Day before. MENDENHALL: Day before? MAYOR DICKEY: Yeah, I'd rather have the day before, too. MENDENHALL: So three for day before. KALIVIANAKIS: I had day of -- MENDENHALL: Day of. KALIVIANAKIS: -- at 5 o'clock. MENDENHALL: Day of at 5 o'clock. MAYOR DICKEY: 5 o'clock? KALIVIANAKIS: Yeah. TOTH: Day of at 3, just to be fair to Linda. SKILLICORN: I would be good for day of and just -- today's logo was presented today. KALIVIANAKIS: Good point. MENDENHALL: And Gerry wanted -- MAYOR DICKEY: He doesn't want it at all. MENDENHALL: He doesn't want it at all. FRIEDEL: Day of MENDENHALL: Okay. Not at all, right? FRIEDEL: Day of. GRZYBOWSKI: He just said day of. FRIEDEL: Day of. MENDENHALL: Day of, okay. ARNSON: Mayor and council, if I can just recommend, it sounds like we don't have consensus on this. And Town Manager was suggesting we may need to bring this provision back for a separate discussion because clearly, there's not consensus tonight. So that may guide the -- that may help us advance the discussion forward -- MENDENHALL- Um -hum. ARNSON: -- and if you move to approve without approval of Section -- what is this? UNIDENTIFIED SPEAKER: 4. ARNSON: 4. MAYOR DICKEY: W ell, if I say day of at 3, would we have consensus? Page40 of 54 TOWN OF FOUNTAIN HILLS Page 41 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES ARNSON: If everyone agrees on day of at 3, then we can move forward. MAYOR DICKEY: Brenda? KALIVIANAKIS: I think Gerry would be against that. MCMAHON: I'd be against it, too. I want the day of. I mean, the day before. MAYOR DICKEY: 1 know. I'm just trying to see if we have four votes for day of at 3. MENDENHALL. Do we have four votes for day of at 3? One, two -- ARNSON: We got them. MENDENHALL: We do? We have it? Okay. ARNSON: Okay. MAYOR DICKEY: I'd rather just get this over with. ARNSON: Right. Okay. Day of at 3. MENDENHALL: Day of at 3. Okay. And copy for the clerk. MCMAHON: Do you have a timestamp? No, I'm serious. MENDENHALL: Email is always good, if you can. Yeah. MAYOR DICKEY: Thank you. MENDENHALL: But I do have a timestamp. MAYOR DICKEY: Thank you. MENDENHALL: I need it for elections. Okay, so the next item is the order of the agenda, and we had talked about at the council retreat the statement of participation. This is just the portion of where it would fall on the agenda, talking about it's later on in the document. And so we would follow the roll call. The Mayor would say -- MAYOR DICKEY: Linda, sorry. Could you move the page? MENDENHALL Yes. Oh -- MAYOR DICKEY: Thanks. KALIVIANAKIS: Could you refer to it by number? MENDENHALL: Yes. Okay. Let's sec, where am I at on this one? GRZYBOWSKI: 5.2. MENDENHALL: 5.2. Is this it? I can't-- Call to the Public. No, I think it's a little too far. There I am. No. GRZYBOWSKI: 9. Page 41 of 54 TOWN OF FOUNTAIN HILLS Page 42 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: There 1 am. Okay. So we're on page 9. And so the Mayor would say, roll call and statement of participation. And so then I would do the roll call and then I would say the statement of participation, which will come in a little bit. On the next page, page 10, since we no longer have scheduled public appearance, that needs to be crossed off and well keep presentations because we will continue with presentations. There was also something noted that the council report for information from Town Manager is not how it's listed on the agenda. It's listed as council discussion and direction to the Town Manager. 1 like that verbiage better, so 1 struck that, the council requests, and added this verbiage. Hopefully, you all like that, too. And then we talked about the future agenda items category, the new category. That would fall after the direction to the Town Manager. Any questions? Okay. Then on page 11, this is where we -- the definition for the statement of participation is added to the Rules of Procedure. It talks about statement of participation. Following the roll call, the Town Clerk will read the statement of participation at each regular meeting and will consist of the following. And this is more for a Call to the Public and anyone speaking before council on an agenda item. It's basically, you know, some people are intimidated when they come to a council meeting and they're not really sure what they need to do. We have people who come regularly, so they're pretty hip on this, okay, but I would say anyone wishing to address the council regarding items listed on the agenda or under Call to the Public should fill out a Request to Comment card located in the back of the council chambers and hand it to the Town Clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Please limit your comments to three minutes. It is the policy of the Mayor and council to not comment on items brought forth under Call to the Public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council meeting. And I think this is important because, you know, people don't understand what, you know, each category on the agenda is and how they're supposed to -- you know, they Page 42 of 54 TOWN OF FOUNTAIN HILLS Page 43 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES want to speak, but this will just help, you know, guide them. I did have a comment today. They didn't know if the council could answer them under Call to the Public. This would, you know, answer any of those questions ahead of schedule. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Yes, Ms. Mayor, thank you. Just to share some information I got today. I thought the statement of participation was a little confusing, so I reached out to our Town Manager, our competent Town Manager, and I asked him, could you straighten this out for me? So just for the people in the audience and the people at home, this is not giving another chance for people, like a second Call to the Public, a second call to participation. This is just kind of putting everything under one umbrella. We're not offering another chance to speak. This is the same Call to Public. We're just giving like the rules of the road. MENDENHALL: Instructions. KALIVIANAKIS: And just so there's some clarity on that to the people at home. MENDENHALL: Okay. KALIVIANAKIS: And thanks, Grady. MENDENHALL: And then the next portion is, under scheduled public appearance and presentations, we're removing the scheduled public appearance and so we'll strike any of that language that talks about that. But one of the things that was apparent is that we didn't really say what presentations were and so language was added to say the Town Manager may use the presentation section to provide the council with an update from department directors, contracted service providers, neighboring jurisdictions and regional organizations. Because this is the portion where we have people from like GPEC, Amanda gave her presentation, and so we wanted to kind of give a definition so it looks different than what's reports? That's a question. Well, what's the difference between reports and presentations? And so this kind of gives a definition for that. And then under Call to the Public, they're missing the word the, so I added that. And then, of course, all this will need to be renumbered because we're adding the statement of participation. The next part on 12, I'm striking where it says comments will summarized and Page 43 of 54 TOWN OF FOUNTAIN HILLS Page 44 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES included in the minutes. We do verbatim minutes, so that information's already in there. So that language is not really needed. On page 13, this is -- we added upon advice of the Town Attorney, it's talking about speaking before council. And it's just something that, you know, in a meeting, you can make certain kinds of changes. And so we just want to add that language. And then the next item is, since we now -- this document was -- I'm trying to remember when it was created, like 1999, and so we have a new process. You can submit information online. So let's put that in our Rules of Procedure and talk about how that should be handled. Residents may also use the online request form to provide input regarding an item on the agenda. The online form is found on the town's website. The resident must completely fill out the online form and submit it no longer than 3 p.m. on the day of the council meeting for this item. The Town Clerk will place copies at each of the councilmembers station on the dais and when the item is up for discussion after all of the in -person comments have concluded, will read the speaker's name and whether or not they are for or against the item for the public record. Written comments provided through the online forum will not be read out loud at the meeting. This is just basically letting people know how online comments are handled and then we did add the for or against to the online forum. So this way, we know for sure if you're for or against something, if you've put in a written statement. This wasn't talked about at the council retreat, but this is something that needed to be added so if you have any, you know, questions about that let me know, or any changes to that before I move on. Okay, we'll go on. Page 14, this is just that area where it was called council requests for information from Town Manager and we changed it to what's actually on the agenda. Page 15 has no changes. Page 16, no changes. 17, no changes. 18, no changes. Now, if you have changes, let me know and tell me to stop. Page 44 of 54 TOWN OF FOUNTAIN HILLS Page 45 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES 20, there is a change. And one of the things, when I was reading the Rules of Procedure because I'm a Town Clerk, I need to know these things, and since we were going to voice -- I mean, the roll call and voice voting, it has on there that all the members would be done in random order for each of the new items being voted on. I changed that to -- and it's because nobody wants to always be first all the time. And that makes sense, but it's -- typically, the Vice Mayor or Mayor are usually last, and so I changed that because I felt like it should be in sync with what is done naturally at meetings. And so I changed that to if a roll call method of voting is used, which we are using that from now on, unless we get a voting system, but the Town Clerk or designee shall call the names of members in random order with each new vote, concluding the vote with the Vice Mayor and Mayor, respectively. Members shall respond aye or nay. Do you have any questions? Since this is not something that was brought up at the council retreat, I just felt like it's something that we should change. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, as we all know, the Vice Mayor is a rotating position. Every eight months there's a new Vice Mayor. MENDENHALL: Um -hum. KALIVIANAKIS: And so this is -- with all deference to our current Vice Mayor, I don't understand why she would not be, or the Vice Mayor's position wouldn't just be part of the randomized crowd to call. And of course, with the Mayor being the deciding vote, the seventh vote. I think that we're -- the Vice Mayor is very-- it's a ceremonial role. They do ribbon cuttings and such, but they don't have any real formal duties and I think by making this amendment, we're actually giving the Vice Mayor more authority for what is just a rotating position that is kind of ceremonial. So I would be against that. MAYOR DICKEY: Any other comments? I think it's just a -- it's something that they do at other meetings all the time. Have the Vice Chair or the Vice whatever, usually a Vice Chair go next to last. So I'm fine with leaving it and also knowing that it does rotate, so that everybody would have their chance. So I'm fine with leaving it the way it is. Page 45 of 54 TOWN OF FOUNTAIN HILLS Page 46 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Any other comments? MCMAHON: I'm fine with leaving it because it's an honor to be rotated in as Vice Mayor. It's not just going to ribbon cuttings, et cetera. You represent the Mayor in her place and stead when she is unable to attend certain events, so I think it's completely fine to leave it like that. I don't think there's any harm in doing it. MAYOR DICKEY: Thank you. MENDENHALL: The Vice Mayor does -- let's say if Mayor Dickey is unable to attend a meeting, the Vice Mayor would step up and be presiding officer of that meeting. That's why I had it that way as well. Is there anybody else who -- consensus -- we'll move forward as it is? Okay. All right. Next is, there's no change on 21. On 22, it's just putting a -- it's just decision -making. Changing that. The next page is 23. There's no changes to that. 24 is just adding -- changing the word of to or because it's transportation or other assistance. Page 25, now, in keeping with numbering issues, these -- numbering was off and I guess I did the same thing. The person before me couldn't count and 1 can't count, either. So don't look at that, but there is only seven. So were adding our Historic and Cultural Advisory Commission to the regularly scheduled boards and commissions that we have since that was approved last year. So we need to add that and so that will -- we'll put the numbering and well have it correct on there this time. And then I wanted to change -- I was reading this and how we actually do our selection on board and commission or committee members. They don't submit a cover letter of interest, so I struck that, and then I also struck resume because I included the resume in the next portion about the application. The application that describes the applicant's skills, experience, and educational background needed to ensure the successful filling of the vacancy. Applicants may submit a resume along with the application, however, not in lieu of filling out the application. And so it's changed there. And so with removal of those first two items, we need to renumber. Does anyone have any issues with that? Page 46 of 54 TOWN OF FOUNTAIN HILLS Page 47 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES And then that also changes the section number down and for the numbering for the subsections in that one paragraph. That should do it for all of our changes to this document. You will notice at the bottom where I do have a strikeout where it says appendices, A-P-P-E. This document was used for a board and commissions handbook and it even used to say boards and commissions. This is our Rules of Procedure, so it's not an appendix. That needs to be removed and only called Rules of Procedure. MAYOR DICKEY: Yeah. MENDENHALL: So that's why those changes are on there. MAYOR DICKEY: I appreciate you taking that out because it was like, if you search online, it said boards and commissions, and you would never look for that. MENDENHALL: Right. MAYOR DICKEY: Were you able -- I'm sorry, 1 didn't know. When you did the online part, were you able to find that towns typo? MENDENHALL- Yes. Yes. And so that'll be changed. MAYOR DICKEY: Thank you. Appreciate that. Any other -- yes. Yes, councilwoman? TOTH: 1 just want to say I love your detail -oriented brain. I just -- 1 love it. You're very good at your job. MENDENHALL: Thank you. TOTH: So with that, I move to approve Resolution 2023-08, updating the Rules of Procedure as presented by Ms. Linda. SKILLICORN: Second. KALIVIANAKIS: Wasn't there a slight amendment, Aaron, that you were going to include in that? ARNSON: I think we were actually leaving it exactly as it was, right? Because that -- it's only pertaining to handouts and it was same day, 3 p.m. 1 think those were the only two issues. KALIVIANAKIS: Okay. MAYOR DICKEY: Thank you. Roll call, please? What, sony? Page 47 of 54 TOWN OF FOUNTAIN HILLS Page 48 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES GRZYBO WSKI: 1 think someone wants to -- TROLLER: Thank you. MENDENHALL: Lori Troller. MAYOR DICKEY: This is the last -- TROLLER: I'm sorry to add to this. Page 13, number 3, was the write-ins. I would like to see added to that the fact that -- because I was really surprised when I did a write-in, I was waiting for it to be read. Nowhere is it heard. And then when I wanted to hear or see everyone elsc's comments -- big old email, can you send them all, and it's -- so that's not defined. Can you define the fact that if somebody does a call -in, that the only way to see all those comments, you can reference these via, you know, Linda, we sent you an email. But it's kind of a big mystery. Once we give those to you, for folks who don't know, where do they go? How do you get them? How do you see the rest? That's my only -- MENDENHALL: Yeah, they are not part of the public record. It's just your name and whether you're for or against. If someone were to want to see what other people wrote, they would need to do a public records request. I'm not sure how. TROLLER: So is there a way to -- sorry, can I ask a question? Is there a way to do -- get your comment via write-in if you can't attend a meeting, to get it on public record? Because this is public record, right? MENDENHALL. Correct. So what-- how this came about was during COVID, and so when people weren't able to attend meetings, the Town Clerk -- I wasn't here, but the Town Clerk would read everybody's statements. And so that doesn't really happen now, but 1 mean, we can talk about that. What would we want to do? MAYOR DICKEY: Aaron? ARNSON: For a couple of reasons, 1 would go ahead and advise against that. The typical thing that happens and what happened in a couple of our surrounding communities is like when they started accepting online public comments, you ended up getting 260 of the same comment, against an item or for an item. They were all a page each and one of our sister municipalities spent two and a half hours just reading comments. Page 48 of 54 TOWN OF FOUNTAIN HILLS Page 49 or 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES So to avoid that type of issue, what we typically recommend is if someone wants to have something actually stated on the record, come and speak about it. Otherwise, they're heard with respect to like this item right here. Ms. Gildersleeve submitted this. It's on the council for consideration. I think that's what the Town Clerk's getting at. MENDENHALL And what we could do is update that to say if you -- it does say in there that it's not read aloud. It's just your name and for or against. But we could have -- it doesn't even have to be part of the Rules of Procedure, but it could just be when you're on the online -- the page where you see -- where you fill out a form. You could just mention that these are not read at -- and if you want to have them hear what you want to say, you have to come in person. Or something like that. I think you understand what I'm trying to say. I think that that's what's important because people do think that you're going to read their comment and we don't. And I do love talking, so 1 would read them all, but as many as we get, I don't think that, you know, we have time for all that. But it's important. I understand what you're saying. But we could do some kind of instructions on the website when you're getting to fill out that form. So people know that it's not going to be read. ARNSON: That sounds like a happy medium. MAYOR DICKEY: Yeah. It's -- TROLLER: And not part of the public record after this. MENDENHALL: And not part of the public record. But just your name. MAYOR DICKEY: But your name is read and your position is read -- MENDENHALL: And your position. MAYOR DICKEY: -- and that is on the public record. MENDENHALL: And that is. Okay. TROLLER: Right. Okay, great. MAYOR DICKEY: Okay. Thank you. MENDENHALL: So it may not be part of this document, but it should part of instructions so people know. One of the things 1 like to do is 1 like people to understand our processes and how this works, because we do want to hear what people, you know, think on items and we want your input. And if you don't feel that anyone's, you know, knows what you're saying, then, you know, that's -- Page49 of54 TOWN OF FOUNTAIN HILLS Page 50 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: Well, we always have email, too -- MENDENHALL: And email. MAYOR DICKEY: -- which is, you know, to communicate with us before, too. So technically, we have a motion and a second, and we're supposed to not take anymore comments after that, so -- we can, you know, ourselves. MENDENHALL: Yes. MAYOR DICKEY: So could we please have a roll call vote? MENDENHALL: Yes. Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom? SKILLICORN: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you very much, everyone. Now, well have to go read them. More and more Thank you so much. Our last item is our legislative bulletin -- I mean, our legislative items. Grady, did you have anything? MILLER: I didn't, although this is the time of the session when we start seeing striker bills, which is very dangerous. And striker bills, basically, are bills that were intended for a different purpose, a different law entirely, and they're struck and then inserted language of bills that may not have made it out of committee. So 1 think the Mayor has a Page 50 of 54 TOWN OF FOUNTAIN HILLS Page 51 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES couple examples of those. MAYOR DICKEY: Unfortunately. MILLER: Yeah, so I'll turn it back to you. MAYOR DICKEY: Councilwoman? See, I just was paying attention. Yeah, well, you know, Senator Kavanagh and 1 wrote to most of the senate caucuses to ask them to vote no on the 1117, which is the zoning bill, and they did kill it, but it was a zombie and now it's back and it's a strike everything on to 2536. It will be heard in Commerce tomorrow. So unfortunately, 2536 was a bill that we liked. It was an actual League resolution, so we were all on the record as being in favor of it, so the League wrote us all today and said, please switch your vote from yes to no, because it is now, you know, nothing even resembling -- in fact, that was the League resolution. It was the House bill of-- the first bill that was signed by the Governor, which was a League bill, but it was the Senate bill and this was the mirror bill of it, so it's kind of ironic that they're using that as this vehicle. And again, same old thing. Upzoning is what we're talking about with Mountainside, it'll be by right. There'd be no Planning and Zoning. There'd be no discussion here. So yeah, and it hasn't changed and it didn't get better. So 1 want to thank Senator Kavanagh and all the senators who voted to kill that. And it will now be back and they'll have to try to do it again. There's a couple others, charter city bills and things that are just, you know, they're really harmful. But one of the ones I really wanted to mention was 1162, the homebased business restrictions. It creates by right, no impact homebased businesses. So it's not commercial, but there are a lot of kind of undefined aspects to this bill. Increasing parking and traffic by homes, as long as it's not substantial, but of course, what does that mean? lt'd be very difficult to measure. It could only have three staff, but the staff has to be related, but it's like -- and it could be like car repair. Oh, and no business licenses, so they wouldn't have to have a business license. So not only just whatever the little minimal amount that we collect for that, but also we would have no knowledge of that. So that one is worrisome, 1 think, on several levels. So I don't know Page 51 of 54 TOWN OF FOUNTAIN HILLS Page 52 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES what's going to happen with that. It did pass five to two through the committee, so -- Let's see, what else? Municipal oversight -- yeah, 1 think, you know, there's a lot going on. But I think the most immediate one would be, if you were in favor of that one bill, 2536, make sure you turn it into a no. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. And I just want to let you know that -- we've talked about this one before, but 1053, the telemedicine bill for veterinarian care. That went to committee and they got it pulled out of committee this week, I don't know why. There's a very strong lobby against telemedicine for pets. Basically, this is going to help pets that are in very rural areas and on reservations and it's either providing some care or no care. And the lobbyists say that thcy are going to prescribe drugs over the phone on telemedicine. That is simply not true. It's a lie. They don't prescribe any drugs. They just give as much care as they can on the phone. So I'm hoping this goes back to committee and goes through the process, because if you love pets, you'd be for this bill. MAYOR DICKEY: Thanks. So can we find that now to put in a yes on it? Because -- SKILLICORN: It's not on the channel right now. MAYOR DICKEY: Oh. SKILLICORN: So you could do it through -- MAYOR DICKEY: We just have to keep trying. SKILLICORN: Yeah, it's 2.0, not the (indiscernible). MAYOR DICKEY: Thank you. So okay. Are next item is our council discussion, direction to Town Manager, which for the moment includes future agenda items. Is there anything anybody has -- Yes, councilman? SKILLICORN: Thank you, Madam Mayor. Grady, thank you for all you've done and all that. I don't know if this is already going to be on agenda because I don't know, you know, the backroom. But the Sunridge Park, potentially selling that property, what we're going to do with it. I know we discussed it, but I don't know the formal -- if were going to discuss that coming up, and maybe it should be more of an informational than an Page 52 of 54 TOWN OF FOUNTAIN HILLS Page 53 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES action because 1 don't know what the consensus of the council is yet. But 1 would like to have that discussion, so we can come up to -- some direction. MILLER: Will do. Thank you. MAYOR DICKEY: Yeah, I think we have some information about that. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Boy, this week my email account has just been blowing up on this Angel Heart Health facility. I've been hearing from a lot of constituents about that. There's a great deal of concern out there in our community and I think I'd be remiss if I just sat here and didn't address this tonight. The facility known as Angel Heart Health Services, located at 16929 East Saguaro Avenue, and given the nature of the proposed services, behavioral health and detox care, in an area zoned C-O, which is not an approved use under our zoning laws, I hereby fomtally request this council and Mayor to place the current business license that has been applied for on hold until a public hearing can be held to gather input from the public and consult with our town's legal department. I request the business license application as a noncompliant facility to be placed on the future upcoming agenda, and furthermore request an executive session to discuss the legal ramifications to the service we received tonight in the document Notice to Fountain Hills City Council and Staff. Significantly about this, I know I reached out already to staff and you know, it does hold us personally liable for damages. And so I think that this is something that we have to address. I think this something the public is aware of and wants to have public comment on. And so I am requesting this be placed on a future agenda. And I'd like to have a second and a third if I could, please. TOTH: Second. SKILLICORN: (Indiscernible). MAYOR DICKEY: Thank you. 1 think we -- I'll have to talk to Aaron about -- because 1 think Executive Session is in order. I don't know about the procedure of us actually talking about a specific business license request or application, so let's go with that first. ARNSON: Yeah. At a minimum, legal advice is warranted. Page 53 of 54 TOWN OF FOUNTAIN HILLS Page 54 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES KALIVIANAKIS: Yeah. And I mean, if we've got three councilmembers that at least want to put this business license on hold, can that be done? ARNSON: Can you let me circle back with the council tomorrow via email? KALIVIANAKIS: Of course. ARNSON: Okay, thanks. KALIVIANAKIS: Okay. ARNSON: That might be better to send a privileged email. KALIVIANAKIS: Yeah. ARNSON: Thanks. KALIVIANAKIS: Thank you. MAYOR DICKEY: Thank you. Any other items? I want to make sure, of course, that I say whatever your next adventure is, our neighbor, Grady, our resident and his family, we wish them all good things, of course. I really can't thank you enough for your steady leadership, always professional, honest answers. Grady's commitment to excellence, that's my favorite team's motto, was always clear and constant and Fountain Hills is all the better for your nine years of service. And I know this isn't technically your last day, so you'll hear a lot more from us, but we just can't thank you enough for what you've done for our town. MILLER: Thank you very much. MAYOR DICKEY: And with that, were adjourned. Page 54 of 54 Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on March 21, 2023, at 7:31 p.m. ATTEST AND PREPARED BY: TOWN OF FOUNTAIN HILLS �(L Gin Dicke Mayor da G. Mendenhall, 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 21" day of March 2023. I further certify that the meeting was duly called and that a quorum was present DATED this 2ntl Day of May 2023. Linda G. Mendenhall, Town Clerk 4 IN Ih