Loading...
HomeMy WebLinkAbout2023.0307.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL March 7, 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 Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately forty-nine members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 07 MARCH 7, 2023 REGULAR MEETING MINUTES Post -Production File Town of Fountain Hills Regular Town Council Meeting March 7, 2023 Transcription Provided By: eScribers, LLC Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. Page 1 of 07 TOWN OF FOUNTAIN HILLS Page 2 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MAYOR DICKEY: Good evening, everyone. Please rise, if you'd like, for the Pledge and remaining standing for the invocation. [Pledge] MAYOR DICKEY: Thank you. We have Keith Pavia from Christ Church. Hi. PAVIA: Thank you so much, Mayor and Council. Let's pray. Dear God, we just come here today to pray for this council and the agenda that's going to be spoken. We ask you to lift everyone up to let it be done with integrity and just the heart of this town at the forefront, that we work together in unity, and we just show love. We ask this in Jesus' name. Amen. 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? KALIVIANAKIS: Here. MENDENHALL- Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn'? SKILLICORN: Here. MAYOR DICKEY: Thank you. We'll start as always with our activities. Do we have anything for anything from the last two weeks, Grady? MILLER: Mayor, I have no report tonight. Thank you. MAYOR DICKEY: Thank you. TOTH: We had the Fountain Festival. I am very excited to say that we had a .7 percent increase in attendees for that event over from fall, and that's usually the smaller event. So thank you to everyone who came out for that. It's a busy season for Fountain Hills, so I Page 2 of 47 TOWN OF FOUNTAIN HILLS Page 3 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES hope to see you at all the upcoming community events as well. GRZYBOWSKI: Yes. My husband and I got a tour of Culdesac Tempe, which is a very unusual neighborhood. That is not the kind of thing that would work for us in Fountain Hills, but it's always nice to get out and see what thc other cities and towns arc doing to help accommodate housing. There were two legislative calls in the past, what has it been, two weeks. Looks like there's still some bills out there that arc of major concern for both our town's revenue and the ability to make zoning decisions ourselves. Also, this weekend is thc Irish Festival, 11:00 to 5:00 on Saturday right here in our Fountain Park. Thank you. FRIEDEL: Thanks, Mayor. Just a couple of things. I did too attend the fair. Very busy weekend for sure for the town, and it showed how much the town looked great, and people really welcome that. I also attended a ribbon cutting for the men's store in town, Manny's, recently. So guys, get in there and support our only men's store in town. Thank you, Mayor. MCMAHON: Good evening. I wanted to say that I attend the Fountain Hills Youth Substance Abuse Coalition meeting, and it was very impressive, and they arc all working hard to make a difference for our youth here in Fountain Hills, and it's succeeding. And 1 am looking forward to speaking at their annual essay contest luncheon this week, where some lucky student is going to win $1,000. So it's also chaired by Mike Schamow, a prior councilmember, and he is doing an excellent job. KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. I had the pleasure of attending another Fountain Hills Cares meeting last week. It's really exciting times for Fountain Hills Cares. On Thursday, April 20th from 6:30 to 8:00 at the Community Center were going to have an event, a social media and mental health issues event for teens and their parents. Lack of sleep, fear of missing out, anxiety, depression, low self-esteem, these are a few of the symptoms of many users of social media platforms that they're experiencing. According to peer research, 81 percent of the teens in the U.S. use social media, putting a large population at risk of feeling anxious, depressed over social media. So Fountain Hills Cares is going to have this speaking engagement. It's going to be welcoming. There's going to be guest speakers, professionals, and people helping the Page 3 of 47 TOWN OF FOUNTAIN HILLS Page 4 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES youth with problems of social media, cyber bullying, bullying, et cetera, and drug usage. The Fountain Hills Coalition is sponsoring this and is giving a $500 cash award to anybody that shows up. So show up and stay for the money because you have to be there to win. Okay. And so that's really exciting. Good for the kids. And speaking of good for the kids, I met with Grady, some of the town staff, Capt. Kratzer, Lt. Halverson, Libby from the school board, and we're trying to make our schools safer. We have the program with the squad five that were putting a couple deputies and a lieutenant to do security checks in our schools. I think that's extremely important in this day and age, especially with what we're just talking about with the depression and kids. There's been a lot of school shootings, there's been bullying. We need an increased presence. We've got two campuses and only one school resource officer, which is inadequate, and so we needed to fine tune that program. With the professionalism and care of the Maricopa County Sheriffs Office, who showed extreme concern for what's going on, and they listened, and we're going to tweak that program to make it more effective. And so I thank them, and I thank you, Grady, for the outstanding work that we did. We also found grant money from the Department of Education to pay for a second school safety officer, which is wonderful. We put this whole presentation together this week. We're working on funding with staff, John (ph.), I'm not sure of his last name, that he's looking into this grant funding so we can protect our kids. Our kids are our future and we have to protect them. And so that's a little bit of what I've been doing this week. Thank you. MAYOR DICKEY: Thank you. Council? SKILLICORN: Thank you, Madam Mayor. Quite a list. Since the last meeting, I was actually at the school board. You know, town manager and Mr. Wesley were also there, and Councilman Friedel. Quite a bit going on there. Of course, we had the fair, a record -setting fair. Proves, again, that Fountain Hills is open for business. Since then also, there have been a couple of the legislative calls with the Arizona League. I had the opportunity to take part in that, and then 1 was able to follow up with the League afterwards, which was quite interesting. And then I've actually done two Prop 400 tax hike meeting since then also. Page 4 of 47 TOWN OF FOUNTAIN HILLS Page 5 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES So quite a bit going on, and more and more details coming out, and there's just a lot going on. And also Councilwoman Grzybowski, I love the green fingernails. Very, very festive. MAYOR DICKEY: Thank you. I wanted to remind everyone that the MAG Region Council, we unanimously hired former Phoenix city manager, Ed Zuercher. to take over as executive director for retiring Eric Anderson. It's really good because he has so much experience and knowledge in that arena. So he'll be taking the helm in July, I think. I attended an event to meet the Central Arizona Project's new general manager, Brenda Burman. What is on everybody's mind these days, it was good for her to meet a lot mayors, and business, and government people, natural resources experts. The Rio Verde foothills stuff issues arc ongoing, but want you to know that we're representing Fountain Hills' interests with the city of Scottsdale, with the county, with EPCOR, and with the AG's office. More to come, of course. You're seeing it on the news that there's, you know, it's a very complicated issue that we're all trying to work toward the best solutions. The council retreat was last week, it's online. A lot of good discussion. It was a long day, but I appreciate all of the time that, you know, the council and the staff, everybody put in to prepare for that, for all those items that will be considered, particularly with the budget over the next couple months. So this is Women's History Month. And a special way to kick it off was on March 1st I had the chance to meet honorees for the KEZ Beth McDonald Woman of the Year award, which was held at ADERO, first time in Fountain Hills. Twelve remarkable women were recognized. They pick one per month and then, in fact, ADERO supplied gifts every month. And then school principal Susie Smith was selected. She had received prizes sponsored by Shea Homes, KEZ, and ADERO Resort. And it was that really crazy windy night, but everybody came and they were very impressed with our town. So that was very cool. And according to Paul Wajanovich (ph.), who's been helping us with our sister city's efforts, this month in Italy is all about women too, and in fact, tomorrow is International Women's Day, March 8th. And if you hurry, there's free entry to the Uffizi Gallery in Florence. But you've got to get your tickets now. But anyway. So it's been a busy couple weeks, as you can tell, and it's a busy time of Page 5 of 47 TOWN OF FOUNTAIN HILLS Page 6 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES year, and we're happy for that. Our next items arc very nice. We're going to do -- we're going to start out with our Republic Services nonprofit grant awards that were awarded to two of our nonprofits. And I think, let's see, Grady, who's doing the -- MILLER: Yes. MAYOR DICKEY: -- presentation? MILLER: So I just wanted to let the Council know that we have a very unique situation with our Republic Services contract. The town made a decision years ago to contract out our municipal solid waste services, and so the current company is Republic Services. And what is unique is that we have this ability each year for a nonprofit to receive grant money through this contract with Republic Services. I'm going to go ahead and turn it over to John Perez who is the management analyst in economic development. He was very active with helping to implement this grant process. So with that I'll turn it over to Mr. Perez. PEREZ- Yeah. Good evening, Mayor and Council. So the town did administer the Public Services grant program. The grants committee was made up of town staff as well as Republic Services staff. Very notable, there were 18 submitted applications this year, which was quite an increase from the previous year of 11. Which I also think speaks to the excellent communication skills from staff getting the word out through social media and different forums. So it was decided that the two awardees are the Boys and Girls Club of Greater Scottsdale, Fountain Hills -McKee branch, and the Fountain Hills Youth Substance Abuse Prevention Coalition, and they each are receiving $5,000. So well go ahead and call up Cynthia Wenstrom and Lauren Stratton from the Boys and Girls Club, and then former councilmember Mike Schamow from the Fountain Hills Youth Substance Abuse Prevention Coalition. And then if Republic Services wants to come up as well. [Pause] MAYOR DICKEY: And the real ones. [LAUGHTER] MAYOR DICKEY: All right. I didn't know about this. All right. Page 6 of 47 TOWN OF FOUNTAIN HILLS Page 7 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES [CROSS TALK] MAYOR DICKEY: Make your presentation. Do you have words to say? All right. Here we go. ROLDAN: Good evening, everyone. And 1 won't do too much to reiterate what was already said through staff here, but thanks again for giving us the opportunity to have this tremendous honor to present some additional funds to those doing great in your community. And so this is for your efforts, and we appreciate all that you do in the community for Fountain Hills. And this is just something extra for you guys to continue that work. So thank you again. MAYOR DICKEY: Do you guys want to say something? [Applause] SCHARNOW: Well, I just want to thank the town of Fountain Hills, of course, and Republic Services. And where's Steven (ph.)? He's not here tonight. But anyway. So we applied. Shawn Upoff here is our program manager for the coalition, and the grant is going to go toward Falcon Promise Pledge. So we're doing a lot of activities and a special guest speaker right before prom. So we're going to have the students pledge to not drink, drive, and vape, and do drugs, and all that kind of bad stuff before prom, and really their whole high school careers while they're still minors. So that's what the moneys going to go for. So thanks again. STRATTON: We weren't prepared to speak. WENSTROM: We weren't prepared to speak for sure. But we want to thank you, Republic Services and the town of Fountain Hills. We appreciate your time. It's such an honor to be part of your town and to take care of the great kids of Fountain Hills in the area. This is our branch director, Lauren Stratton, and if you don't know her already she is a dynamo and really takes great care of the McKee branch. Thank you so much again. [Applause] MAYOR DICKEY: Thank you all so much for your focus on youth. We really appreciate it so much. And we'll get a picture for the paper here. Thank you. Congratulations. Thanks for (indiscernible). [Applause] MAYOR DICKEY: So next we have -- and maybe John -- oh, Amanda's going to come Page 7 of 47 TOWN OF FOUNTAIN HILLS Page 8 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES up and she's going to show us the unveiling of our new video that was produced by DayLite Films. Thank you. JACOBS: Yes. Your economic development team is dividing and conquering. So again, the town staff has been working for over six months on trying to get new content to display on our websites, social media, and so we collaborated with our local business partner, DayLite Films, so Andrew Day, as well as Betsy with the Chamber helped us select some of the models because I'm still new and don't know everybody around town. So without further ado, lights, camera, action. [VIDEO] [Applause] JACOBS: We hope you liked the video, and we hope our visitors, our residents who are inviting the visitors experience Fountain Hills, a town like no other. Thank you. And then when we post this, I'm not a social media guru, but like, share, follow, all those things. Thank you. MAYOR DICKEY: Thank you so much. Did anybody have any questions or anything to ask Amanda? Yes, Hannah. Come back. TOTH: I just wanted to say, Amanda, you knocked this out of the park. That video is fantastic. I'm swelling with pride for my town even more after watching the video. So great job. JACOBS: Well, thank you. It's all DayLite Films. I don't direct the director, but obviously there was things that we wanted to highlight in our beautiful town. But thank you. TOTH: Well, tell Andrew he did a great job as well. JACOBS: We will. TOTH: Thank you. MAYOR DICKEY: Thank you so much. Very nice. Next we have our call to the public. Do we have any speaker cards tonight. MENDENHALL: Yes, Mayor, we do. The first you have at your station, Mr. David Hagen. And he wanted you to have his comments, and he is going to speak to you at this time. Page 8 of /7 TOWN OF FOUNTAIN HILLS Page 9 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES HAGEN: Well, thank you for putting me on early. I'm going to get familiar with this table mic if I can. MENDENHALL' Mr. Larsen will turn it on for you and get it all situated. HAGEN: That's a good idea. LARSEN: Check, check, check. HAGEN: Check. Very good. Thank you, Mayor, Town Manager, and Town Council for granting me the chance to address you here today. My name is David Hagen, a local resident living near the intersection of Sunflower and Palisades, a strategic location of the town's safety corridor, just up the hill from the high school. Today I'm specifically addressing your pedestrian and traffic safety committee regarding an important improvement in our safety corridor traffic control. My request to make this topic an agenda item was denied, but I urge you to consider it as such due to its serious safety issues. The Public Works department has requested your committee's approval for the installation of flashing, solar powered, yellow LED lights around the perimeter of our four 35 mile an hour caution signs at this critical intersection. I'm here on behalf of the residents there who would urge you to approve this now so that we can get them installed during this current high traffic season. Sunflower and Palisades is arguably the most dangerous intersection in our town. It is not the most accident prone -- there are many fender benders elsewhere -- but the most likely to cause serious injury, as you can see by the photos in the report that 1 provided to each of you. Now, you, and the audience, and TV viewers cannot see the collision photos that I've given to the Council, but 1 can tell you that they are of cars flipped onto their roofs with doors flung wide open. This is an uncontrolled six -corner intersection with only three - second visibility in each direction on Palisades. With the median not wide enough for one car, being trapped out there is an experience that we have called Palisades roulette. The westbound traffic visibility is blocked by the hill and compounded by the curve. We can see 200 feet in that direction, but traffic moves 70 feet per second, so you have a three second warning. Meanwhile, the eastbound traffic visibility is hampered by vegetation and a difference in the height of the street and the median. We can see 250 feet here, but traffic moves 80 feet per second, also only a 3-second warning. These speeds represent 45 and 55 miles an hour, respectively. Page 9 of 47 TOWN OF FOUNTAIN HILLS Page 10 0147 MARCH 7, 2023 REGULAR MEETING MINUTES These continually flashing lights that Public Works will install are exactly as installed on many of the stop signs in town, but are yellow for caution. They will be a 24/7 reminder to drivers that if they enter the intersection over that posted 35 miles an hour speed and there is an dangerous condition, they are legally liable. MAYOR DICKEY: Are you almost done, sir? The time is up. The three minutes. HAGEN: Time is up. MAYOR DICKEY: Yeah. HAGEN: Okay. We residents in North Sunflower want you to install this. We have only one egress and it is onto that intersection. Thank you. MAYOR DICKEY: Okay. We'll definitely look at this because I know we've been talking about this intersection for a while. Grady, did you have anything to add'' MILLER: 1 can't really comment too much more. We have been working with those residents in that area on trying to identify ways to help them, including the speed limit at one time that came before Council. We are going to be adding this to the next pedestrian traffic safety meeting agenda. MAYOR DICKEY: Okay. Thank you. Because I wouldn't be aware, and I don't think that we would've denied anything, but I know that we've been talking about it. And now that I know that we have another option to look at, we'll be doing that with Justin and David (ph.). So thank you. Any other? MENDENHALL: Next we have Kim Wolborsky. WOLBORSKY: Madam Mayor and the Council, thank you. Is this working? Okay. So I wanted to talk about the proposed park at SunRidge Canyon and Desert -- excuse me -- Desert Canyon and SunRidge Drive. I think the town has a really wonderful opportunity here to make a permanent contribution to the environment in our area, and instead of a park, I'd really like to see this area designated as an unimproved preserve in perpetuity. The money available for parks, I know we have money that we need to spend, but I think there are a lot of areas in Fountain Hills that really could use parks and would love to have them. I understand that the latest discussion was about just having a trail there, and that's an improvement over what was talked about before, but I'm Page 10 of 47 TOWN OF FOUNTAIN HILLS MARCH 7, 2023 REGULAR MEETING MINUTES Page 11 of47 concerned about that. Even just a trail is going to disrupt the environment and the wildlife in that area. It's a five -acre area. We don't really have any other spots -- many other spots like that in town. You know, a lot of our wild areas are washes between people's homes. And this is a place where, you know, we can really have a nice spot, and there's trails all around it, people can see up into it from above it, below it. We don't need to be walking everywhere in the town. I'm concerned about people having their dogs on the trail. I understand there'd be stations for doggy clean up, but you know, that doesn't always happen, and people don't always keep their dogs on leashes, especially when it's in a private area. We've all see that. 1 know we talked to Michael at Golden Eagle Park, and he's talking to people all the time about not cleaning up after their dogs. Well, there wouldn't be an attendant there to make sure that that was happening. So I'd just like you to consider this option. I think it would be just a great piece to add to our beautiful town. Thank you. MENDENHALL- Next is Lori Troller. TROLLER: Get ready, here we go. Three minutes. Lori Troller, resident. The Town of Fountain Hills Municipal Code, Chapter 16, Streets and Sidewalks, Article 16-2-1, purpose statement for small wireless facility states, "the town seeks to balance the need for increased wireless communications." What need? Everybody in Fountain Hills can make a phone call. And among the tens of thousands of phone calls made every day in this town, I don't have dropped calls and 1 got five bars of service all day long. There's no documented legal evidence of the need. The law is based on claims from a for -profit industry. The ability to make a phone call is what the Federal Telecommunication Act protects. That's all the FTA protects in regards to telecommunication services. The small wireless facilities don't provide voice service. SWF facilitates the extras that you choose to add to your monthly Internet bill. If you have any gap in phone service, that's fixed with modifications to the four -foot macro antennas we already have installed in town. SWF is how telecoms and other business interests are making billions of dollars placing their equipment on our property lines. It's no different than Exxon coming in and drilling a well next to your yard. It doesn't matter what the utility is, it seriously devaluates our property, which the Council doesn't have the right to do and violates the state constitution, which overrides any state statute. All this plus ruining the esthetics of the Page 11 of 47 TOWN OF FOUNTAIN HILLS Page 12 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES town. Now, here's a sweet spot. It continues to read, "while preserving the health, and safety, and general welfare of the residents." What documented measure is the town using to comply with preserving health? Legally that would be defined by an environmental impact study completed by the EPA. They would come in and evaluate what turning these things on does to living tissues. And I dare say, no one on the Council knows what these effects are, yet you're giving John Wesley the authority to put these next to people's homes and on our school grounds. This is against your oath. Your oath to protect the health and welfare of Fountain Hills residents. Fountain Hills has a huge safety issue right now. Our existing towers are seriously out of compliance with our minimal safety code. For example, the 100 percent fall zone and compliance with those with ADA rights. Towers will hit either homes, business, roadways, parks, schools, or pedestrians when they catch fire and fall, which they do. The town has also ignored our own town code that protects residents with ADA rights, not checking if permitted locations will expose ADA residents to an environment that will have to cause them to move. It's only a matter of time before they sue. This has to stop. Put an immediate halt, whether it's a year, six-month, three-month, 45-day moratorium on the construction, equipment, updates, applications, and permitting until ordinance update is complete and all our towers are in compliance. I made it. Sony about that, but there we go. Thank you. MAYOR DICKEY: Thank you. FRIEDEL: Mayor, can I make a comment on that? MAYOR DICKEY: Why don't you ask Aaron? FRIEDEL: Aaron, can I ask town staff where we are on this ordinance? ARNSON: Sure. Mayor and Council, we've engaged a professional to bring up some -- to evaluate the concerns both that Ms. Troller's raised and some others that he independently identified as areas for improvement in our code. So we are beginning to work with him in that process. Our expectation, as I believe that I've informed the Council previously, is that we will be bringing those back to the Council in the form of probably a work study or in some other fomtat for the Council to consider those changes for ultimate adoption. Page 12 of 47 TOWN OF FOUNTAIN HILLS Page 13 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES FRIEDEL: So during that process, do we have a moratorium on anything new going in? ARNSON: Mayor and Council, no, we don't have a moratorium in place. We can certainly explore what, you know, options we have, but at this point, moratorium's not going to be something. FRIEDEL: Okay. Thank you. Can we give direction to town to do that? ARNSON: I -- MAYOR DICKEY: Like a time frame. FRIEDEL: Like a time frame? ARNSON: I'm sorry. Could you repeat? I'm sorry. FRIEDEL- Can we give direction to the town staff to explore that with a time frame on it? ARNSON: Yes. Thank you. MAYOR DICKEY: Okay. ARNSON: They can. FRIEDEL- Thank you. ARNSON: Um -hum. TROLLER: Thank you. MAYOR DICKEY: Any other speaker cards? Yes. MENDENHALL: Barry Wolborsky. WOLBORSKY: I am him and I live here. I'm also the, as you all know, the treasure of the SunRidge Canyon Homeowner's Association. And I noticed that the Council discussed the SunRidge Canyon park at the retreat last week and is planning to discuss it again next week, and I would like to give some feedback to that. At the retreat, much discussion was given to a pseudo survey that was taken by some of the SunRidge residents attending a session put on by the town. Staff collected 60 plus responses, most saying no park, some saying okay for the park with restrictions. 60 self- selected responses out of almost 2,000 residents in the HOA is not a survey. It has reliability that approaches zero. At best, it's anecdotal data and is likely to be misleading. But since anecdotal data is all we have, I'd like to give you some anecdotal data. SunRidge residents walk a lot. On given day, hundreds of people walk in our neighborhood. That's how we meet our neighbors, and talk, and it is a neighborhood. Page 13 of 47 TOWN OF FOUNTAIN HILLS Page 14 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Two years ago neighbors walking, including myself, noticed that there was a surveyor, and they were surveying this plot of land. And so we called and found out that, gee, were going to get a new park. That's how we found out. The residents were enraged. That summer we had a board meeting that was attended through Zoom by Mr. Miller and several of his staff, and over 50 residents attended. Normally at board meetings we get about four or five residents because we're not very exciting. The group was very solid in their not wanting a park, as Mr. Miller can tell you. Later a survey was sent to the town by staff for us to send to our members. The survey only asked what features we wanted in the park, not whether we wanted it or not. We emailed the survey out to our membership telling them that if they did not want a park, they could write that in the comments. The town staff said the survey was not valid because we told the members to vote no. We didn't do that. More anecdotal data. The office and the board have gotten dozens and dozens of phone calls and emails from residents. Only one was in favor of having the park, and he said it was not a major issue to him. So Mayor and Councilmembers, which anecdotal data do you want to go by? It's up to you. Do you want to commission a real study? It'll probably cost you 25 to $50,000 to survey 2,000 people, and do it right, and with random assignments, and stuff like that. The residents of SunRidge Canyon Association would like the town to either turn that piece of land into a preserve, or sell it to the HOA at a price that we can afford and we will make it a preserve. The funds for that park would be better used in many other places where residents would actually appreciate them. For instance, maybe you could have a walkway or a wheelchair ramp down from the swirl canyon down to the fountain like you want and use that money for that. So that's all 1 got. MENDENHALL: Next we have Gene Slechta. SLECHTA: Thank you. Mayor, Vice Mayor, Council. R-E-S-P-E-C-T, find out what it means to me. What a great song that was. What a great value to live by. However, Councilman Skillicorn, it appears you just don't get it. When a team of volunteer expert citizens spend 18 months and thousands of hours trying to solve the town's number one issue of the decade, the roads, you couldn't wait for their findings. Page 14 of 47 TOWN OF FOUNTAIN HILLS Page 15 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Show some respect. When you have a working process in place to begin official meetings, and your religious bias ushers in a waste of time that 24,000 residents never asked for, you were showing disrespect. When your town Facebook dots not allow for comments from citizens, that shows your fear of open debate with your constituents. Show some respect. When you insult our mayor and other mayors on your Twitter account and post comments that put our town in a bad light, be a cheerleader not a bomb thrower. Show some respect. When you run a poll on Twitter asking who's smarter between President Biden, Senator Fetterman, and Governor Hobbs, including the senator in that poll, only serves to make fun of those having had strokes or are seeking treatment for mental health conditions. Show some respect. When you photobomb the celebration of our students, you disrespect the kids. When you spew conspiracies on Twitter regarding the 2020 election, you disrespect the courts of our great nation, the many audits that arc debunking the conspiracy in our town. Show some respect. When you were the only councilmcmbcr that failed to volunteer for a single town committee, and this town is really filled with many, many volunteers, you disrespected our citizens and our councilmembers. When a classroom photo that you posted on your Twitter account had a rainbow pennant tacked to the wall, you Tweeted that the kid should be homeschooled. Who's that, the straight kids? Or do we send the LGBTQ kids packing? Show some respect. Maybe you should remove your reference to being a town council member from your Twitter account. Show some respect. When you voted to remove the sign ordinance without allowing public hearings, you disrespected the citizens of our town and its processes. And finally, when you walked away from your elected position in Illinois before your term was up, we wonder, why would you think you won't do the same here? Thank you. MENDENHALL: Next we have Stephen Gay. GAY: Thank you, Madam Mayor, awesome staff, and Councilmembers. I'd like to Page 15 of 47 TOWN OF FOUNTAIN HILLS Page 16 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES address two items this evening. The first is a post that Councilmember Skillicorn made in his capacity. He posted this from his official Facebook page called Allen Skillicorn, Fountain Hills Council, and he was promoting the free shredding event, a pretty anodyne event, and for some reason he left the comment section open, which is unlike him. And so there was a back and forth about the posting. Nothing really too bad. And then one of his supporters named Pedro Perez (ph.) posted, Don Scott (ph.), I support Allen and voted for him. Why don't you grow up and get a pair. Act like a man instead of whining. So Don Scott responded and then Pedro said, why don't you investigate me Scotty? If you can't take the heat, get out of the kitchen. And then he says, Ginny Dickey lives very near me and isn't worth the powder to blow her to hell. Did you ever hear of a person having more than one home? In a reference to a previous comment that he lists his residence as Hawaii, but apparently he lives here and voted for Councilman Skillicorn. This is a veiled death threat to our mayor, and our mayor brought this up at the retreat. I assume Councilmember Skillicorn heard about this threat, and he has not -- KALIVIANAKIS: (Indiscernible) Allen (indiscernible) -- GAY: Sony. KALIVIANAKIS: --mouth-- GAY: What? MAYOR DICKEY: I'm sorry. Go ahead. GAY: Okay. This post has not been taken down by Councilmember Skillicorn. This is a post that appears on an anodyne event posting for a free shredding event. I think veiled death threats should not be tolerated. And a sitting councilmember who has authority to delete this post, should delete it. And further, he should publicly repudiate this statement from one of his supporters. The second topic I'd like to talk about, I retired recently as a senior captain from American Airlines. And I'm mentioning this because the tie in to the city is that -- or the town of Fountain Hills, is that employees of this town may know somebody who is a trans person, and a sitting U.S. senator -- oh, okay. I'll continue this next week. Thank you. No more death threats. [Applause] Page 16 of 47 TOWN OF FOUNTAIN HILLS Page 17 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MAYOR DICKEY: Please don't applaud. MENDENHALL: Next we have -- SKILLICORN: May 1? I believe that post is deleted. GAY: It's still up, Councilmember Skillicom. Point of order. [CROSS TALK] MAYOR DICKEY: Stop. It is still up. It's on an event. It's as an event. It's not down. MENDENHALL: Next we have Sally Buschmann. Sally, are you still here? Oh, there you are. Sally also provided this to me, and then I'll make sure you all get a copy of it. Okay? BUSCHMANN: My name is Sally Buschmann and I live on Sunflower Drive in Fountain Hills. I've lived here for nearly 20 years, and I'm here to bring up the issue of the danger at the corner of Palisades and Sunflower. I walk nearly every day and cross five lanes of traffic on this busy corner. The subject of the danger of speeding traffic has been addressed to the Council for over 20 years, and no relief has been provided. The dangers of negotiating this intersection either by vehicle or by foot have been clearly stated before, but no action to provide substantial relief has been taken. The latest attempt was the safety zone on Palisades, which has not made any changes in the speed. First of all, the signs are too innocuous to be read while speeding through this corridor. Police patrolling has not been noticed. So far nothing has changed to provide safety. During my walks at this intersection, I've experienced traffic coming to a complete stop allowing me to cross to the other side. This occurred as recently as last Saturday morning when three cars stopped for me to cross. It seems to me that it didn't hurt them to stop. These folks have a good heart. I've even written a letter to the local newspaper about the politeness of some drivers. The only way to reduce the speed is to have four-way stop signs with blinking lights installed at this intersection. Nothing else has caught the attention of speeders. This street has become known as Palisades speedway. Speed on the other two main arteries into Fountain Hills have lower speed limits and stop signs. Less dangerous intersections in Fountain Hills have stop signs. Why not ours? I have not heard any good reason for the failure to give us this essential relief we need. Why? Why not? Thank you. [Applause] Page 17 of 47 TOWN OF FOUNTAIN HILLS Page 18 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES SKILLICORN: Madam Mayor, can we ask staff a quick question or ask Capt. Kratzer about enforcement there? That should be appropriate. MAYOR DICKEY: I don't know. I'm not sure (indiscernible). ARNSON: Sure. Mayor and Council, during call to the public we're entitled to respond to criticism, ask staff to review a matter, or ask that the matter be placed on a future council agenda. So if there's some direction that we want to have staff look further into, that would be appreciated. SKILLICORN: So Madam Mayor, if it's okay. MAYOR DICKEY: I think you can ask, but I don't think we can talk about because it's -- SKILLICORN: I get that. Capt. Kratzer, maybe that's a opportunity to have some speed enforcement in that area if sightlincs allow and things like that. KRATZER: Understood. Thank you. MENDENHALL: Next we have Crystal Cavanaugh. CAVANAUGH: Good evening. Fountain Hills resident. I want to address the SunRidge Park issue. And for those that don't know, the proposed park is at the corner of Desert Canyon and Sunridge Drive. Initially it started as wanting to cross over into a hiking trail, wanting parking lots, wanting all kinds of things on this small corner in a residential neighborhood. At this point, 1 do think some of the residents, if they had to, would be accepting of a very natural trail with nothing else. No power, no water, nothing. Definitely no parking. However, what guarantee do we ever have that it doesn't get expanded by another council, for example. I fully support the idea of making it a preserve. I also support the idea of selling it to the HOA at a reasonable amount, who would then take over all the maintenance, and also make it a preserve. So at its most extreme, if it could be guaranteed, of which it can't, just a natural trail through there. And also, 1'd like to say, some of us get accused of being very divisive, but then someone can stand up and hold somebody responsible for comments on their social media. It's the wild, wild west out there, as some of you know, and some of this room know, because I've engaged with some in this very room. So all I have to say is quit holding people completely responsible for unhinged comments. Just the person making the unhinged comment should be the one. [Applause] Page 18 of 47 TOWN OF FOUNTAIN HILLS Page 19 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MAYOR DICKEY: Please, that's enough. And you know, it's not a good thing to keep up, so that is somebody else's responsibility. And I think that Allen thought it was down, and maybe he can look and see on that event page, and take it down from there too. But it was up for quite a while. Do we have any other comment cards? MENDENHALL: Yes. We have Bobbie Kennamer. KENNAMER: Good evening. I just wanted to mirror the comments that have already been said about SunRidge Canyon Park. I agree with everyone that spoke previously. They're spot on and they mirror the voices of everyone, pretty much everyone in SunRidge Canyon. We don't want the park and we've made that very clear. And I think the suggestions that have been made to make it preserve or sell it back to the HOA are great suggestions. And also, I'm kind of confused a little bit because you guys were gracious enough to host a gathering where we came, and we looked at the proposed drawings, and we saw what you had, but then I understand that they've changed yet again. And so I'm just saying, since that park is going to be right in the middle of our neighborhood, let us sec what you're proposing. Let us see how it's changed. I feel like were missing some communication there. And that's it. Thanks for your time. MENDENHALL: That's it for public comment. MAYOR DICKEY: Thank you very much. Appreciate it. Our next item are the consent agendas. If there's anything that anybody would like removed, well put that on the regular agenda. Yes, ma'am. KALIVIANAKIS: I did request one item be removed. Was that done? MAYOR DICKEY: You can request it here. Would you like to remove that and put it on -- MILLER: Councilmember, I told you in an email procedurally you do it on this item. So when it comes before Council, then you can go ahead and request an item. Any council may request to remove an item from the consent agenda. KALIVIANAKIS: Okay. I'd like to remove consent agenda for professional services agreement 2022-034 with Elite Civil Construction, LLC for guardrail repair and maintenance. Thank you. Page 19 of 47 TOWN OF FOUNTAIN HILLS Page 20 of 47 MARCH 7, 2027 REGULAR MEETING MINUTES MAYOR DICKEY: You bet. Can I get a motion to approve consent agenda items A, B, and C? SKILLICORN: I will make a motion to approve A, B, and C for the consent agenda. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say -- ALL: Aye. MAYOR DICKEY: We have to -- ALL: Aye. MAYOR DICKEY: I think we have to -- now that we have the minutes done the way they are, we have to do roll call votes. MENDENHALL: We must do role call. Okay. Well, Ijust lost my roll call. There it is. Okay. Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom? SKILLICORN: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. MENDENHALL: It passes unanimously. MAYOR DICKEY: That's right. We're getting all these rules down again. So that will become the first regular agenda item. So is that Grady? MILLER: Yes. I'll have Public Works director, Justin Wcldy, come up and give a brief report on the guardrail contract. Page 20 of 47 TOWN OF FOUNTAIN HILLS Page 21 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MAYOR DICKEY: Thank you. MILLER: Thanks, Justin. WELDY: You're welcome. Thank you. Madam Mayor, Councilmembers. [CROSS TALK] WELDY• For at least the last ten plus years, town staff, along with management, have worked to secure contracts for guardrail services. We've certainly discovered during that time frame, because the amount of work that we have, which primarily consists of minor maintenance and repairs after collisions, makes it very, very difficult for us to be able to secure any firm, per sc. We were delighted some years ago when we reached out to this organization, whom at that time actually had a different name. And they came out and they visited with us, they took a look at all of our guardrail and noted that maintenance was necessary, and then presented us with an agreement through the city of Tucson for their cooperative use with guardrails. Since that time frame they have primarily responded to repairs for collisions. They average anywhere between 15 to up to $30,000 per collision. It should be noted that under the direction of the town manager, the chief financial officer, we've been able to recoup the majority of the funding for those repairs from insurance companies. Let me make this clear, there are hit and run accidents in which we simply do not have the ability to track down those drivers. We've also had them do maintenance to several of our locations within the town over the last several years. What happens with barriers, as we refer to them, is they're primarily constructed of steel and wood posts, and weathering allows those posts to expand and contract, and then well have to go in and replace a few posts, tighten up a few bolts. It's a pretty specialized and/or unique trade. And we are delighted that we have Elite Civil to help us and provide support with that. If there are any questions related to this, 1 will certainly do my best to answer them. KALIV IANAKIS: Yes. Thank you, Ms. Mayor. Yeah. I did a lot of research on this topic. This is a contract for $50,000 a year for the next five years. That's $250,000. That's certainly a lot of money. And as you know, were trying to fix our roads in this town. There was a guardrail replacement maintenance guidelines report prepared by SRF Consulting Group out of Minnesota. They had determined that routine maintenance of these are very minimal, that a lot of the contacts are covered by insurance. That primarily, Page 21 of 47 TOWN OF FOUNTAIN HILLS Page 22 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES the major damage is done in rural areas, not in cities, so I'm a little concerned about that. Their contention was since these barriers are inherently stiff, most minor impacts result only in cosmetic damage. According to the federal rules, cosmetic damage does not need any maintenance. They can stand as is. Of course, that might not look good, but depending on how much it costs to fix, I'm a little concerned about that. 1 know that this was addressed at the retreat and it came up that they wanted to bring these guardrails up to more modern standards because the standards have changed since then. On the other hand, the ones that were built here have been grandfathered in. So no required change is required from the federal or state governments. Again, given the dollar amount here, $250,000, I know during the retreat when you said that the ridges needed repair, that you provided photographs of the repairs that were actually going to be needed. To make a compelling case, when Rachel (ph.) brought up the shade structures, you know, there was renderings of the shade structures. I'm curious as to why there isn't any photographs or any information as far as what currently we have pending that is going to be so much money that we're going to require this much money. And so I guess my first question is, how many linear feet right now of guardrail is needed to be repaired? WELDY. Madam Mayor, Councilmember, we have an actual full assessment and report that was done last year for our entire inventory. I will certainly share that with the Mayor and Council. It is an extended amount of guardrail that needs to be brought up to standards. This contract, and again, primarily, is to allow us contract authority to address areas that are damaged by collision. Just two weeks ago that damage was approximately $30,000 on Shea. And so that work has already been done under authorization from the town manager because it was a safety hazard. KALIVIANAKIS: Was that a hit and run, 1 assume? WELDY: It was not. We have all of that insurance information, and we will work to collect all of the revenue that is due. It's not just the guardrail, but there's an incredible amount of staff time as well for that. KALIVIANAKIS: Okay. I know that this went through the city of Tucson. And are we bound by the city of Tucson's contract for the services by this provider? Is their contract overlayed with our contract? Maybe you're not the right person to answer that question. Page 22 of 47 TOWN OF FOUNTAIN HILLS Page 23 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MAYOR DICKEY: I think Aaron could answer that. KALIVIANAKIS: Because it is in the packet and is in our agenda that the original town of Tucson's contract is, like, mirrored. FRIEDEL: It has to piggyback on it. ARNSON: Yes. Mayor and Council, and Councilmember, you are correct. This is a cooperative purchasing agreement. The way that those typically work, for brief a primer, is that one municipality, or government agency, or collective procures the work, and then were able to piggyback off of that contact. So as we do with many, many other different contracts, yes, the terms of the underlying agreement, whether it's with the city of Tucson, or the city of Mesa, or whichever, would be incorporated into our agreement, and they expressly are incorporated. KALIVIANAKIS: Okay. That's what 1 thought. Do we know how many bids that they received? MILLER: I see our procurement officer is corning up to the podium. Rob Durham is our procurement officer and he was involved with this process. So I'll turn it over to Mr. Durham. If you can answer the question, that'd be great. DURHAM: Okay. Mayor and Council, I do not have that but I can get it for you. KALIVIANAKIS: Okay. Thank you. MILLER: Justin, 1 think you started to explain at the very beginning of your introductory remarks about the number of years that you've been familiar with this. One of the reasons we had reached out to the Tucson contract was -- do you want to explain the dollar value and how were not able to generate enough of our own? Because you were explaining to me we used to have two other contractors that we had used. WELDY: Thank you for the opportunity. In the past we had work done by Hunter Contracting and Five G under emergency circumstances. And the price for that, in my opinion -- I was not the one that selected them at that time -- was a little bit high. The reason behind that primarily, and if they were here they could answer this themselves, is because it was a one off. They had to stop whatever they were doing on any other large project, and come in, and address these minor issues, again, primarily due to collision with the guardrail. Page 23 of 47 TOWN OF FOUNTAIN HILLS Page 24 or 47 MARCH 7, 2023 REGULAR MEETING MINUTES KALIVIANAKIS: Right. WELDY: It was at that time 1 began to take note of the complicated process for simply securing a contractor that was able to do maintenance and/or repair. And we reach out to several of them many years ago, and again, this was the only one that even returned our call, and offered to come into town, and work with us. At that time, this was also the agreement that they had with the city of Tucson. To date, we've not really experienced any issues with this contractor at their current name and/or their previous name, or the contract itself. KALIVIANAKIS: Okay. Thank you. I guess what I'm still a little worried about and what you, again, addressed tonight was not just fixing the damage, but the upgrading of the guardrails. I don't think that's necessary. I don't think it's required by law to upgrade them. As a matter of fact, it's right in this study that I have. A periodic routine inspection of barriers should be a part of normal maintenance. Inspections may be triggered by a crash report. It just seems to me that this is an item that we can save money on. 1 think if we allocate $250,000 on this, they're going to spend $250,000 on this. That's just the way the world works. I don't know why if the average crash is 15 to 20 or $30,000. That doesn't have to be established. We don't have to authorize that. That can be authorized by the town manager where we can have possibly more cost protections making sure that were not doing any unnecessary upgrades, making sure were getting our money's worth. I see an opportunity for savings here. The conclusion that they came up with it, it is not feasible to immediately upgrade all existing barriers every time there's a change in the barrier standard. The decision to upgrade existing barriers that are in reasonably good condition and reasonable conformality with current standards must be based on a thorough analysis of, quote, the costs involved and the upgrades, and two, the potential improvements to highway safety. Now of course, highway safety is an issue. But again, in the town that we're looking to allocate money to the roads, I think this is costly, and I'd like to see some cost containment on this issue. And so that's what I have about that. Now, lastly -- FRIEDEL: Can I ask a question, Brenda? KALIVIANAKIS: Of course. FRIEDEL: Are we upgrading only after an accident then? Page 24 or 47 TOWN OF FOUNTAIN HILLS Page 25 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES WELDY: Madam Mayor, Councilmember, correct. This contract is just for damage that happens during a crash or after a crash, and periodic maintenance. This contract does not include any upgrades. For that type of activity, we will engage the federal government for HSIP grants. FRIEDEL: That was my next question. What kind of federal money are we getting for this? So if we give you 50,000 a year for five years, or four years, whatever it is, and we recoup a lot of that from the insurance companies, right? So it's really not out of pocket, Brenda, 1 don't think. WELDY: With the exception of -- KALIVIANAKIS: That's what I want to find out. MAYOR DICKEY: Excuse me. So 1 think there's just -- the question about the upgrade, the question about the insurance, and this is literally $50,000 a year, but that doesn't mean we would always use it. But you just cited one crash that was 30,000. So maybe just give us like a big picture of all that. WELDY: To date this year we have about $40,000 in collision repair. 30,000 of that was most recent. Last year we had a hit and run on McDowell Mountain Road near mile post 2 that was about S I5,000, and that was all we spent. And then we had a minor issue the year before that on Shea eastbound, just west of Fountain Hills Boulevard, where we had a glancing blow hit and run, and that was -- and I don't have that dollar figure in front of me, but I don't recall it being very much. And then every year we probably spend 5 to $7,000 on maintenance where required. And let me explain a little bit about that. With the exception of some of the guardrail on Shea, the remaining guardrail in this community is 30 to 50 years old and has not been updated since that time, with the exception of when there's a crash. KALIVIANAKIS: Okay. MAYOR DICKEY: Thank you. Vice Mayor? MCMAHON: I'd like clarification too. So basically, what you're asking for is up to $50,000 a year as needed when insurance doesn't cover it for collision, et cetera, and if necessary, to -- for a lack of a better word -- you know, replace some of the elder 50- year-old, 40-year-old rail that may need replacement. But also you're piggybacking on Tucson's contract in order to get a better pricing for this, so that's a benefit. So you're Page 25 or 47 TOWN OF FOUNTAIN HILLS Page 16 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES only using this money if there's no insurance to pay for replacement or repair of the guardrail -- WELDY: Madam Mayor -- MCMAHON: -- for the most part, right? WELDY: Madam Mayor, Vice Mayor, this contract is just for repair and maintenance. It does not include any replacement. MCMAHON: Okay. WELDY: The only time that we address any of the W rail within the community is if it is damaged, and again, we do periodic maintenance on it. MCMAHON: So again, you're just setting aside -- you're using the contract, like, this is a normal contract thing that has been done in the past. You set a certain amount for a certain year for so many years in order to take advantage and have that money -- have the contract so you don't have to back and renegotiate it every single year, correct? WELDY: Yes, ma'am. MCMAHON: Okay. So basically, what you want is up to $50,000 a year on a as -need basis? WELDY: Correct. MCMAHON: You're not just going to sit here and spend S250,000'? WELDY: We do not have a proactive agreement right now -- MCMAHON: Okay. WELDY: -- based on our assessment to do any replacement. Again, 1 will share that assessment with the entire council. The intent is for town staff to go after Highway Safety and Improvement grants. That's HSIP. They arc very competitive and a little bit challenging, but for the amount of work necessary to bring it into compliance based on a professional engineer's opinion is way more than what we would be willing to spend out of our small budget in streets. MAYOR DICKEY: 1 think Grady has something to say. MCMAHON: Thank you. MILLER: Yeah. Just a couple points of clarification. So I mean, these are good questions that were receiving tonight. The one thing 1 wanted to just make clear though is the way that we work from accounting standpoint, is that we have to have the full Page 26 of 47 TOWN OF FOUNTAIN HILLS Page 27 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES amount in the contract of the $50,000 a year. Because what happens is, when we do get reimbursed, it actually goes into a revenue account, and so but we have to expense out of an expenditure account. It doesn't go back into that same account. The other point is Mr. Janover, the town engineer, last week or at the council retreat gave a presentation on the guardrail replacement program that you were talking about. WELDY: Yes. MILLER: Which is to update it. And the Public Works director tonight is mentioning that we believe that much of that program -- it's not part of this contract, but it could end up being this contractor -- would be funded through grants that we would seek. So two different thoughts here. This is only for replacement of guardrail that are caused by damage when either hit and run vehicles go through them or when we have the MCSO has cited somebody or has taken their insurance information and we're able seek reimbursement. And if you have driven westbound on Shea right past Palisades, you'll see there's like a gully, or there's like a gorge right there. I have seen trailers, I have seen tractor trailer vehicles, and just regular automobiles that have -- and I don't understand how it happens, but it was probably speeding and not really paying attention -- cars have gone right through the guardrail and then into the -- it's like a small valley right on the other side of the guardrail. So guardrails are really essential. They actually help prevent probably more serious injuries and possibly even deaths for people, even though it's a horrible thing to run into, but they're really essential for safety, particularly on Shea where cars are driving so quickly. MAYOR DICKEY: Allen? SKILLICORN: Thank you, Madam Mayor. Quick. Manager Miller and Director Weldy, I think I'm also hearing something that conflicts. So Director Weldy, you mentioned that this contract is for repair and maintenance. And I just heard Manger Miller also say this to replace damage. Which is it? MILLER: It's the same. 1 mean, when you have a -- I consider a guardrail damaged when someone drives through, but it may not -- sometimes it might just be the wooden base that is holding it, and in some cases the whole guardrail has to be replaced. But that's just different vernacular. I think maybe we're getting caught up on that. So it's replacement, it's also repair. Sometimes it is repairable with maybe they hit the edge of it Page 27 of 47 TOWN OF FOUNTAIN HILLS Page 28 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES and it's not a full on replacement A lot of times it is a full on replacement that has to occur, but this covers both types of situations. But it's not part of a capital improvement program which is designed to upgrade and replace these over time. That's a capital project we discussed at the retreat, and that's going to be handled differently, and a different source of funding, which hopefully will be grant funded. SKILLICORN: And Madam Mayor and Gentleman, when is the current contract up? 1 assume there's a current contract right now. WELDY: Madam Mayor, Councilmember, this contract that we are currently utilizing has an expiration date of May 1st of this year. SKILLICORN: Okay. So the clock's ticking. So Madam Mayor, Council, I would feel better if this went out to bid. $50,000 a year may not fit the threshold, but a quarter million dollars does. So 1 would feel more comfortable going out to bid. But we'd have to, you know, know that going in that this contract expires in less than two months. WELDY: Madam Mayor, Councilmember, if I may. The underlying agreement is for five years, and the renewal will be published by the city of Tucson prior to the expiration date. So the master agreement and/or the underlying agreement has a five-year time frame, and this is tied to one of those amendments. So there will be an amendment, and in the contract language here it explains that should the underlying issuing agency extend that per the terms, then it also extends our term. MAYOR DICKEY: Sharron. GRZYBOWSKI: 1 had two things. One was 1 think the Vice Mayor addressed it, the cost savings of doing a multi -year contract. 1 also want to point out, I worked for an insurance company for a lot of years, and not only is it a separate pool of money that comes in, but they were going to also drag their feet a little bit before they pay out, and when they do pay out, it's going to be on an actual cash value basis, which is not going to be the replacement cost for the cost of the guardrail itself. And 1 just wanted to make sure and get that out there. So just because we have insurance company money coming in doesn't mean the timeliness is going to be good, and it's not going to be the dollar value that were going to need to be able to replace this properly. Thank you. MCMAHON: Do you want to say -- Page 28 of 47 TOWN OF FOUNTAIN HILLS Page 29 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MAYOR DICKEY: Vice Mayor? MCMAHON: Are you -- MAYOR DICKEY: Council? 1 don't know which one was first. KALIVIANAKIS: 1 think 1 was first. MCMAHON: I was going to make a motion to approve of the amendment. KALIVIANAKIS: 1 still have discussion. MAYOR DICKEY: We can discuss after a motion. KALIVIANAKIS: Okay. MCMAHON: Should I say the whole thing? Amend number I to professional services agreement 2022-34 with Elite Civil Construction for guardrail repair maintenance in the amount not to exceed $250,000 over five years. MAYOR DICKEY: Is there a second? GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. Yes, Brenda? KALIVIANAKIS: Further discussion. MAYOR DICKEY: (Indiscernible). KALIVIANAKIS: Thank you so much, Ms. Mayor. Yeah. What Councilman Skillicorn said, that was one of my concerns, just so you know, was the actual maintenance -- how much is that going to be, maintenance? Because again, in my report here it says that routine maintenance for guardrails should be very minimal. So I want to make sure. And that's why when I suggested that maybe this go through our town manager, again, I thought maybe we'd have a little more cost containment. But if you're telling me that this is more -- and what Sharron said -- more for an accounting purposes, that we pool the money, that you do the review, make sure it's being spent wisely, you know, I would have no problem with that. I just want to make sure that there's a cost containment on this project and it's not your oversight. MILLER: Yes. And it does. In fact, typically, we also have emergency situations where it might exceed, you know, my authority, and we'll always bring that back to the council for your ratification of my action or my decision. I also want to address Councilmcmber Skillicorn's point about, you know, putting it out to bid. It's always a good thing to make sure that we're getting the best most competitive Page 29 of 47 TOWN OF FOUNTAIN HILLS Page 30 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES pricing on this. But I want to just reiterate that Tucson has done that for us, and Tucson probably has a much larger land area, probably have a lot more guardrails then what we have. They're also a hillside community as well, so there's probably a lot of guardrails that they have. And 1 believe that while we couldn't bring to you tonight what the competition was or how many submitted, because we weren't prepared to provide that tonight, we can certainly provide that information. I'm just concerned, we've had difficultly putting this out to bid ourselves in the past, and I just don't think we generate enough business for companies to want to have an interest in this. But Tucson, I can assure you, definitely does, and I'm sure they have a lot more competition for this type of contract. But I will definitely make sure that we provide you that information because 1 do think it's worth having that. KALIVIANAKIS: Okay. And then my last concern, 1 promise. Just one more thing. Inside the contract for the city of Tucson, which is certainly different than the town of Fountain Hills -- big government -- they had written in their agreement a living wage requirement. The living wage requirement would apply to us too. Now, I know our cost of living in Fountain Hills is much greater than Tucson's, and this covers the minimum wages, this covers healthcare. They had to get a certificate of living wages in order to get this contract passed. And so I'm just wondering, are we going to be bound by the provisions that require living wages here in Fountain Hills? WELDY: Madam Mayor, Councilmember, the contract that we utilize from the city of Tucson has unit pricing. That unit pricing took into account all of the terms for the contract prior to the city of Tucson issuing it. We will not see an increase of our unit prices unless we ask them to do something unusual, and we have no intentions of doing that. KALIVIANAKIS: So this living wage requirement would not affect the contract that we have with this organization or company? WELDY: No, ma'am. All of the bidders would have had to have addressed that as part of their submittal to the city of Tucson at that time. KALIVIANAKIS: Okay. MAYOR DICKEY: Aaron, did you have anything? ARNSON: No. I agree with Director Weldy. It won't, and actually that would -- for this Page 30 of 47 TOWN OF FOUNTAIN HILLS Page 31 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES contract or for future contracts, it way well be something that we make sure to specifically exclude. But because it's not something that's a part of our procurement code, not something that's a part of our charter, this is part of Tucson's charter, we couldn't be bound by it, it's not ours. KALIVIANAKIS: Okay. Well, that's why 1 was just -- by reference it is in our packet and does refer to us being -- ARNSON: Understood. KALIVIANAKIS: -- bound by the agreement that they were bound by, so that's why I wanted to bring this up. ARNSON: Understood. KALIVIANAK IS: Yeah. Again, it's all cost containment to me. That's what it is. Thank you. MCMAHON: is it vote time? FRIEDEL: I'm ready to vote. MAYOR DICKEY: Yes, please. We have a motion and a second. Please, roll call? MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL- Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL- Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. MENDENHALL: It passes 6 to I. MAYOR DICKEY: Thanks very much. Our next item is about a professional services Page 31 of 47 TOWN OF FOUNTAIN HILLS Page 32 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES agreement for tree services. Is that you? MILLER: Yeah. Mr. Weldy's going to do this one -- MAYOR DICKEY: Hey, Justin. MILLER: -- as well. So good timing on that. MAYOR DICKEY: Thank you. WELDY: Thank you. Madam Mayor, Councilmembers. This contract that we have right here is, again, another amendment to an existing agreement. We've certainly discovered throughout time that securing specialty contractors that prune, remove, or simply trim larger trees in traffic areas is a little bit challenging. This particular company came to our attention back in 2014 when we had issues with the large trees on Fountain Hills Boulevard at Shea. They were willing to get into those trees under an agreement that we used at that time. They gave us a price that I thought was a little bit outrageous, and fortunate for us, that price was not realized because they ended up doing it for about half that. We've been able to have that same success with them for a considerable amount of time. It should be noted that over the last couple of years we've had some unusual storm events including but not limited to snow, high winds, rain. The end result of that is a lot of the trees within our right of way, and adjacent to the right of way and streets on land that is not privately owned, requires the town to take action on that. We have managed last year and this year to address the lion's share of that backlog of concerns with this firm, and 1 stand here tonight confident that should we have a rain or storm event rest of this fiscal year, which ends in June, but also this calendar year, that we are less likely to have the number of tree branches and full grown trees -- town owned, disclaimer -- that will be obstructing or creating hazards in the roadway as a result of the activities of this group. This year we did spend a little bit more then we typically would, but we would also ask for the contract authority to address any issues should they arise. With that, any questions you may have, I'll do my best to answer them. MAYOR DICKEY: Thank you. Do we have any speaker cards on this? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you, Linda. Page 32 of 47 TOWN OF FOUNTAIN HILLS Page 33 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Any questions or comments? Council? SKILLICORN: Yeah, Mayor. Director Weldy, is Top Leaf the current vendor we're using right now for this contract? WELDY: Madam Mayor, Councilmember, they are one of two vendors that we use. The other vendor that we use has our town -wide landscaping agreement that takes care of the open space, the parks, and some of our drainage parcels. SKILLICORN: So we have two and we're going to continue having two? WELDY: For the foreseeable future, that's correct. This group is a specialty for trees. The other group is kind of an all -in -one. SKILLICORN: All -in -one. And you mentioned that we spent a little bit more last year, is that 2022? WELDY: Combined with last year and this year, yes, we did. We spent about $55,000. SKILLICORN: Okay. So the previous agreement, was it similar to this where it was $100,000 a year, up to? WELDY: Up to, yes. SKILLICORN: And so last year and the year before we did not spend 100, we spent 55? WELDY: The two years combined we spent 55. Over the last several years we've averaged about $15,000 or less for this type of maintenance for all of our open space and medians adjacent to the right of way. SKILLICORN: Okay. And then what is -- I'm going to assume that if we approve this, staff can go up, you know, to that 100, but there is no notice to the board or anything like that. You know, can we get some sort of assurance that, you know, obviously a big storm, you know, a monsoon comes through, does some damage. Clean up should be something that we should know about and the costs. Can we get some assurance that you guys would be coming to us and let us know that, hey, it did come to X dollars. Let's clean this up? WELDY: Madam Mayor and Councilmembers, I stand here before you tonight to let you know that we absolutely do not spend any funding in Public Works unless it's absolutely necessary, including but not limited to the maintenance of our trees. In the event that we have a large storm, the previous council approved several contracts for that type of clean up. We react to that event at that time. We retum under the direction of the town Page 33 of 47 TOWN OF FOUNTAIN HILLS Page 34 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES manager to the Mayor and Council with a briefing, usually immediately through a series of emails, and then we come back, and do our best to explain the amount of money that was spent, where it was spent, and the reason why. So the answer to your question is, yes. In the event that we have an unusual rise in cost for maintenance related to any storm event, we will return to this elected body and make you aware. SKILLICORN: And Madam Mayor, Director, the key word was yes. And usually I like stuff like this to go to bid, just like the last one. But because two reason, one, we have spent lower than the cap, and you said the word yes, I'm going to be okay with this. And I make a motion to approve this item. MAYOR DICKEY: Any further discussion? Roll call, please? MENDENHALL: Councilmember Friedel? FRIEDEL: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom? SKILLICORN: Yes. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL- Councilmember Grzybowski? GRZYBOWSKI: Ayc. MENDENHALL: Vice Mayor McMahon? MCMAHON: Ayc. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes unanimously. MAYOR DICKEY: Thank you. Thank you, everyone. Thanks, Justin. WELDY: You're welcome. MAYOR DICKEY: So our next item says public hearing, but we continued it, so I don't have to -- were continuing the public hearing relating to the golf ball fence on Brittlebush. And Grady, did you want to start or just John? Page 34 of 47 TOWN OF FOUNTAIN HILLS Page 35 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MILLER: Well, I do want to let the council know, I'm not sure all of you are aware, but the applicants are actually on the phone tonight. They're in Colorado. They were unable to make it in person. I believe one of the spouses is ill. And so in any case, they are on the phone, and so as part of this process they will obviously be asked to provide some input and after Mr. Wesley provides his report. So with that, I'll turn it over to Mr. Wesley. WESLEY: Yes. Council, I'll go through this fairly quickly because you have seen it before, but for those who need a reminder or maybe are new to them, a little bit of background that the zoning ordinance does provide for. Looks like I got -- MAYOR DICKEY: Yeah. We're looking at sign ordinance here. WESLEY: I got the wrong one pulled up. I -- MAYOR DICKEY: No. WESLEY: Maybe -- MAYOR DICKEY: No, no, no. WESLEY: Maybe I pulled the wrong one off my list here a second ago. I see here. That was -- let me go. Let's see here. I don't think --just chat amongst yourselves for just a moment please. I'll get -- there you go. Okay. Sorry about that. Let me find the right one. Whoop. [LAUGHTER] GRZYBOWSKI: We're laughing with you, John, not at you. WESLEY: Thank you. MAYOR DICKEY: We're thanking you. WESLEY: Saving your from that one for now. SKILLICORN: (Indiscernible) a comment while were waiting. Mind if (indisccmible) while were waiting? MAYOR DICKEY: We do the presentation, then the applicants and then public comment. I'm following the rules. WESLEY: And then -- SKILLICORN: John, be brief. KALIVIANAKIS: And just in a point of order, are they limited to two minutes? MAYOR DICKEY: No. Page 35 of 47 TOWN OF FOUNTAIN HILLS Page 36 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES KALIVIANAKIS: The applicants on the phone? MAYOR DICKEY: No. Uh-huh. KALIVIANAKIS: Okay. WESLEY: There we go. This one looks better. Okay. Sorry about that, Mayor. Okay. So background dealing with the property on Brittlebush in SunRidge Canyon Golf Course. It is in proximity of the forward most tee. To let it be considered for this, we had the information before on the number of balls, and the speed with which the balls strike the property, and saw some of the damage that has occurred on this property and the adjacent property due to the golf ball strikes. We did, at the January 17th meeting, consider two fences, one on the north and one on the west. Various options were discussed with the property owner at the time and got input from neighbors in the area. At that time council did not reach a decision. The applicant has continued to look at options, talk with HOA, and try to get some direction from them. This, again, is the property in question. They have amended the request now to be one net on the north side. That is located about 13 feet west of the cast property line and about 22 feet east of that west property line, just a horizontal net to catch balls that would be coming up and before they could hit into their patio area, 11 feet tall there at the house sloping down slightly to the north. Here arc some pictures showing the height and that tree that's to the west end of the property that would screen the view from the neighbor to the east there. Also from the golf course, a couple of the views of what it might be like. Again, the zoning ordinance as you consider special use permits, their impact on the neighborhood, and welfare of the town. So those are the basic criteria for consideration of approval. In this case this house does appear to be a little bit more exposed than the ones on either side of it. We have the expert report showing the impacts of the golf ball strikes on the property. We have previously approved other golf nets. This would be the first one, however, in SunRidge Canyon. And given the impact that of the new fence, this appears to be very limited impact on any views, but it has been this way for a number of years. Accessory structures, this is now proposed smaller than other accessory structures could be and meets the criteria. If we would've started this way it could've been done administratively. Staff is recommending approval on this revised golf fence. MAYOR DICKEY: Thank you. Now, does anybody have any questions just for John? Page 36 of 47 TOWN OF FOUNTAIN HILLS Page 37 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES We can listen to the applicants. Would the applicants like to say anything on the phone? JOHNSON: Can you hear me? MAYOR DICKEY: Yes. Thank you. JOHNSON: Oh, yes, I would. Thank you. And there is a time lag here. I'm sorry we couldn't make it. My wife picked up the latest iteration of a flu bug up here, so we didn't want to spread it to anybody down there. But you know, just I'd like to get this approved tonight and be done with it. I know after the last meeting where you tabled it, I think it was immediately afterwards, at least three weeks ago I sent each and every member of the council a copy of the golf ball strike analysis, the option two schematic on the horizontal netting, photos taken from the east neighbor's direction showing no impact -- and I think John has those tonight -- photos from the northwest comer from the other neighbor, there's no impact. Also photos taken from mid fairway looking back towards the home, there's no impact. And photos taken from Brittlebush, the actual street view, there's no impact. I invited each and every member of the council to come down, take a look, see what I'm talking about so you don't think, you know, I'm just dreaming something up here. And I appreciate the fact that Councilwoman McMahon actually took me up on this, and did come down, and actually took a look, and I think she kind of saw what we're faced with here. So I'm hoping tonight if you have any questions, ask me those questions. Let's get it out. It'd be really nice to go build this, and you know, be able to use that backyard. In the meantime, I believe John also has given you a copy of our tenant, even our tenant wrote a letter, and he knows how dangerous it is. He's been collecting golf balls. He's got 100 to date, and he hasn't been there a full year. He hasn't been there during the main golf season, as we rented it to him much later in the year last year. So I'm open for questions. MAYOR DICKEY: Thank you, sir. I'm going to see if we have any speaker cards, then I can close the hearing, and then we can discuss and ask you some questions. Do we have any? JOHNSON: Okay. MENDENHALL' Yes, Mayor. We have two speaker cards. First is Bobbie Kennamer. Page 37 of 47 TOWN OF FOUNTAIN HILLS Page 38 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES KENNAMER: Good evening. The last time that I attended a meeting where we discussed the fence, I was strongly opposed to it because it was going to be over three stories high and we were very concerned it was going to affect our property value. And we've always been concerned about safety. And I've got to thank the Mayor, Council members, John with P and Z, and the Johnsons for working to resolve this issue and find a solution that works for everyone. I'm not opposed to the new plan that the Johnson's have put before you. I'm fine with it. Thank you. MENDENHALL: Next we have Gayle, and I can't read -- EARLE. Earle. MENDENHALL: -- your last -- EARLE. Earle. MENDENHALL: Earle. It is Earle. I was going to say that. EARLE: Madam Mayor and Councilmembers, and 1 appreciate all the work that you're all doing up here. 1 just want to say 1 live in a golf course community, Eagle Mountain, and I am in many backyards in my neighborhood. One in particular that gets plummeted all the time, they ended up putting one of these things up, but a lot more intense or involved than the one that they're suggesting here. I used to feel real unsafe in that backyard, now I do feel safe. And I wanted to just say that if they get pummeled, it is a dangerous thing. And I appreciate if you guys would allow these people to be safe. Thank you. MAYOR DICKEY: Thank you very much. Any other cards? MENDENHALL: Mayor, that is it. MAYOR DICKEY: Thank you. I'll close the hearing and then we're open for questions by Council. Vice Mayor? MCMAHON: I did go out to see their home and these pictures don't do the damage justice. I was shocked, literally shocked at how destructive these golf balls were to their home. They're on a zero lot line. So one of the side walls was all painted over, and if you really look closely at it, you can see over hundreds of ball strike marks. And there were like over ten or so balls in there just overnight. Their pool decking is just destroyed. And they shouldn't even replace it until they have some type of net and protection to Page 38 of 47 TOWN OF FOUNTAIN HILLS Page 39 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES cover the pool decking. I mean, everywhere you look there are ball strikes in this house and it's extremely dangerous. 1 think that, personally, it's a disaster. And they can't even use their pool. The renters have been very gracious, and they don't hardly use the pool, I understand. So I think that the modifications of this, being out there and seeing how it's level with the eave, et cetera, and goes down, you're not going to be able to see it from the golf course, or it's not going to bother the neighbors, or anything. So 1 think that it is a really good modification, and will work for them, and I'm all for it. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. This is the difference between ajudicial and the legislative proceeding tonight. The town has previously provided means to allow the placement of golf nets on properties abutting golf courses to protect them from errant golf balls. The council has previously amended the ordinance to allow these to approved administratively. The SUP that is desired by the applicant is no longer necessary. In a case such as this, if you would go to judiciary, it would be mute. The petitioner's grievance has been settled. Let's take a case of a fence that's dividing two different homeowners and they have a dispute on whose property it's on, doesn't have a land use, whatever. One of the homeowners files a lawsuit and they want to litigate it. It goes to court. Before the court date, the other homeowner removes the fence, it's no longer there. If that were to go to court, why would they have a hearing? It's been decided. It's over. The fence is down. So there would be no hearing. It would be dismissed out of mootness. This is the case here today. This fence can be put up, it doesn't need our permission, and it doesn't need our time tonight either. Unfortunately, administratively it's been noticed and so we do have to have a vote on it. The current proposed net is not needed. The town doesn't need to act. Voting on it would be pointless. And so I would vote no, and I would like to have a motion to vote no on SUP 22-000002. Thank you. GRZYBOWSKI: However many zeros that is. SKILLICORN: Second. MAYOR DICKEY: Councilwoman Grzybowski? GRZYBOWSKI: According to the staff report, and I actually talked to John about this as well, had this request come in as it is now, it could've been approved administratively and didn't even need to come to us. The only reason why it's back to us now is because it has Page 39 of 47 TOWN OF FOUNTAIN HILLS Page 40 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES already been before us. So had this all been with this pretty little bow that it has now, I read and understand that it would've been approved upstairs. So if that's the case, then I approve the motion to approve the SUP, blah, blah, blah, however many zeros and a 2 at the end, because John could've done this -- John and his people could've done this on their own. It's only before us because we've already seen it once and didn't make a decision on it. So I approve of it as it's written. MAYOR DICKEY: So the motion on the table is to not approve it. So and there is a second. SKILLICORN: Well -- MAYOR DICKEY: Go ahead. SKILLICORN: Administratively, if we vote down the motion to not approve it, it's approved, correct? ARNSON: Well, it would go -- hold on. [CROSS TALK] SKILLICORN: You know what, there's a motion and second. Vote on it, and then if someone wants to make a motion to approve -- is Councilwoman Grzybowski's motion to approve? MAYOR DICKEY: Well, your motion was on the table already. SKILLICORN: Yeah, correct. GRZYBOWSKI: I have to wait for you to be done before we can -- MCMAHON: Do you withdraw it? GRZYBOWSKI: -- before I can do it. MCMAHON: Aaron, can he withdraw the motion? MAYOR DICKEY: He was the second, right? ARNSON: Yeah, he was the second. So 1 mean, of course, the motion could -- MCMAHON: Oh. ARNSON: -- be withdrawn. MAYOR DICKEY: So it was Brenda? KALIVIANAKIS: I was -- ARNSON: But I mean, I -- KALIVIANAKIS: I was the first. Page 40 of 47 TOWN OF FOUNTAIN HILLS Page 41 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES SKILLICORN: I'll withdraw my second. MAYOR DICKEY: All those -- ARNSON: Well, both said they'll withdraw. I'm sorry. I didn't hear. Both said they'll withdraw. Understood. MAYOR DICKEY: You both. SKILLICORN: So if there's no second, it's dead, correct? GRZYBOWSKI: So the only motion before us now is (indiscernible). MAYOR DICKEY: Hold on, hold on, hold on. KALIVIANAKIS: Well, no. 1 have a motion on the table. Suggest the motion to vote no on SUP 22 with all the zeros. That's what's on the table. MAYOR DICKEY: Right. KALIVIANAKIS: And I would like a second. MAYOR DICKEY: And you had a second. And -- MCMAHON: And he withdrew it. MAYOR DICKEY: And I -- SKILLICORN: (Indiscernible) want to second? FRIEDEL: (Indiscernible). KALIVIANAKIS: So you're not supporting it, okay. MAYOR DICKEY: Okay. FRIEDEL: Then I'll second it. [LAUGHTER] MAYOR DICKEY: Okay. But let's take a roll call vote on not approving this. GRZYBOWSKI: How do you vote on that? That's -- MAYOR DICKEY: You vote no. GRZYBOWSKI: You can't just vote. MAYOR DICKEY: We vote no. If you want it approved, you vote no, correct? ARNSON: Yes. If you want it approved -- GRZYBOWSKI: So wait a minute. MAYOR DICKEY: The motion on the table is to not approve -- ARNSON: To deny it. MAYOR DICKEY: -- to deny SUP. Page 41 of 47 TOWN OF FOUNTAIN HILLS Page 42 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES ARNSON: Yeah. MAYOR DICKEY: All that. GRZYBOWSKI: I so got to (indiscernible). KALIVIANAKIS: If you're in favor of denying -- MAYOR DICKEY: So yeah. KALIVIANAKIS: -- vote aye. MAYOR DICKEY: Vote no if you don't want to deny it. MCMAHON: Okay. Thank you. GRZYBOWSKI: Sony. MAYOR DICKEY: Roll call vote, please. MENDENHALL: Okay. Councilmember Kalivianakis? KALIVIANAKIS: I vote aye. MENDENHALL. Councilmember Skillicom? SKILLICORN: No. MENDENHALL Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: No. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: No. Now, Sharron? GRZYBOWSKI: Okay. So now I move to approve SUP 22-00002 for the construction of a golf ball fence at the Brittlebush Lane that's addressed in the (indiscemible). MCMAHON: I second it. SKILLICORN: I'll second. Or go ahcad. MAYOR DICKEY: Thank you. Let's take a roll call vote, please. MENDENHALL: Councilmember Toth? TOTH: No. Page 42 of 47 TOWN OF FOUNTAIN HILLS Page 43 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MENDENHALL: Councilmember Grzybowski? GRZYBOWSK I: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: No. MENDENHALL: Councilmember Skillicom? SKILLICORN: Yes. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes 4 to 3. MAYOR DICKEY: Thank you very much. And we will move on. The legislative items. Grady, do you want kick it off? MILLER: Yes, Mayor and Council. So the item before you is the legislative bulletin and an update on the legislation that the state legislature is considering. 1 was not really prepared to really talk about much other than when we had the phone call on Monday. There's still really concern about 1117, which is the one that really would really supersede all of our zoning here, and would bring about some really bad things for our neighborhoods as it relates to increasing densities and things that our residents would not really have a say on. And that still looks like it's moving. And that was the only one I was really prepared to talk about. I'll turn it back over to you, Mayor. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Mayor, with your permission. It sounds like after, or during Monday's call, again, it was 1117 was the only one that was a concern, and that one would have a negative effect on Fountain Hills, quite a negative effect on Fountain Hills, and many other communities. And it does appear to have some momentum in the legislature and even the Ninth Floor. MAYOR DICKEY: It hasn't gone through Cal (ph.) yet, so we still have a chance. But Page 43 of 47 TOWN OF FOUNTAIN HILLS Page 44 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES one of the things that I wanted to check because of our community, and I don't know how our representatives and senator would feel. But it seems like we have some specific items, like our hillside ordinances and our wash protection, in addition to our setbacks, and our, you know, all the other things that we have in town to keep our town the way it is. So it hasn't gone to the floor yet so I don't know how -- Do you know? SKILLICORN: Well, 1 spoke to the bill sponsor, and in full disclosure, this is something he has wanted for a long time, and he might see this opportunity as a bill of final bipartisan way of getting it done, where it may not have happened in previous years because there wasn't enough support. I still think that he doesn't have enough votes to pass it right now, but there's wheeling and dealing going on, and unfortunately, there's powerful special interest that don't care about our zoning and don't care about our pretty views and our hillsides. MAYOR DICKEY: Yeah. And that's part of the issue is the idea of ifs helping housing inventory, but it's a full -- well, let's see. I'm trying to see the words that Suzanne Fisher (ph.) used today -- a blunt instrument from the legislature. It's better to work with the cities to see what has worked because others have, understanding local context, and infrastructure rather than dramatic shifts from single family housing to high rises. We have, you know, the opportunity to do duplexes and such, like we have. We've changed some of our zoning. This was from a man named Mike Kingsella from -- Up for Growth is the name of that group. So I think what this does is it just does everything to the entire state with no proof of cities actually being the problem with the inventory. And particularly if you look at what we've done, we've changed some commercial zoning into multifamily and residential. So we're like -- FRIEDEL: Mixed use, yeah. MAYOR DICKEY: Yeah, yeah. Mixed use. So we've been trying to do that. So what we have to get, if it does pass, we'll have to try to get more public input on this because it's huge. And again, we've talked about this before. How all our discussion about homes, and neighborhoods, and such would just be moot. The first and only bill so far, or at least the first bill that was signed, it was 1103, which was actually an approval -- administrative review and approval to help with Page 44 of 47 TOWN OF FOUNTAIN HILLS Page 45 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES developments go through administration, and it was actually a league sponsored bill. So the first bill being actually turning into law was a league sponsored bill. But just and I know we can get out at a decent time, but Ijust want to mention some of the others that -- and I don't know whether they'll pass or not, but just to give the idea of the language. Preempt municipalities from banning more than six chickens in a backyard in a single family detached residence in half acre or Icss. So preempt. Next one. Prohibit a city or a town from requiring food trucks to pay more than $50, whatever, and then allowing food truck operations in residential areas by right and precluding background checks, unless they include fingerprint clearance. Another one. Prevent municipalities from lowering a law enforcement agency's budget below the previous year and withhold state shared revenue until the budget's restored for municipalities choosing to do so. Now, you all know that were working with MCSO. We could end up, you know, with maybe a better contract, who knows. So we would get punished if we did that because they would think we were trying to defund the police, which is like the least thing we would be trying to do. So that's another one. Require a council to consider housing impact statements regarding the impact of zoning ordinances or zoning ordinance text. So and this is another one of those efforts that's been going on for a long time, so basically, just take the hillside ordinance, it's easy. That does add cost to developing a lot, but this make us have this big report, general estimate of the probable impact on the average cost to construct housing for sale or rent if they had to go along with our ordinances. And a description of any data or reference material, and a description of any less costly or less restrictive alternative methods. So basically, you know, we'd end up being like the architects or something to come with that. So again, and the 1117. So we seem like we're pretty united on that. I don't think there's anything for us to take action on because I think we've already put our positions in on these bills, but this is when it's all going to start to happen and happen quickly. So we'll be paying attention. Anything else? KALIVIANAKIS: Yes. MAYOR DICKEY: Yes. KALIVIANAKIS: Thank you, Ms. Mayor. I just had one other. It's S.B. 1053. This Page 45 of 47 TOWN OF FOUNTAIN HILLS Page 46 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES was passed by the senate. It's currently going to the house. This is the Humane Society, it's in support of this. And if you love dogs, and cats, and critters you will be too. During COVID they lifted the restriction on telemedicine for dogs, cats, and for pets. And that really helped people rural areas, and the reservation, and some poor people that couldn't pay for veterinarian medicine. Supporting this bill will help deliver veterinarians and veterinary care to rural areas in Arizona, tribal lands, and other areas with limited access to care. Telcmedicine works, and is safe, and is cost effective. This bill does not allow for prescribing narcotics, or other dangerous, or abused drugs. The veterinarian practice in Arizona ensures quality care that is provided to people that otherwise wouldn't have it. Telemcdicine services will be life saving for animals, families with limited access to veterinary care, so I hope everybody can support that. And to let legislatures know this will be coming before them very shortly. I will be speaking at the state house, by the way, in support of this, and we have to help our dogs, cats, and critters. MAYOR DICKEY: So that'll be in a committee in the house at some point? KALIVIANAKIS: Yes, on a committee. MAYOR DICKEY: Okay. So that's where you can sign in. Thank you. Any other items? Our last item is our council discussion direction to town manager. Yes, sir. MILLER: I just want to be sure that we are clear that if we need an agenda item for the 5G moratorium, or whatever -- ARNSON: I don't think we need an agenda item for it. I can advise the council of our determination to that whether in a privileged email or an executive session. MILLER: Okay. ARNSON: Sure. MILLER: Great. Thanks. ARNSON: Um -hum. SKILLICORN: Madam Mayor, a potential agenda item, if there's two people that support it, is this idea of the SunRidge Canyon preserve. I'd love to have a discussion of what the legality of that is if we have two other people that would support that. TOTH: I second that. Page 46 of 47 TOWN OF FOUNTAIN HILLS Page 47 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES MAYOR DICKEY: Ycs? MILLER: Well, were going to have the capital improvement budget discussed next week, and there will be a full presentation on this project. And if the council wishes to at that time give us the direction that they want to do either the preserve, or the trail, or whatever, we're ready We heard you last week that you didn't want to continue with the park, so that's a really good opportunity. And then if there needs to be any follow up as a result of next week, staff will certainly do that. MAYOR DICKEY: Yeah. I think the idea of selling it or whatever never -- I haven't heard that one before, so we might need to look into that. Anything else? SKILLICORN: (Indiscernible). MAYOR DICKEY: Any other items? All right. Thank you. We are adjourned. Page 47 of 47 Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on March 7, 2023, at 7:22 p.m. ATTEST AND PREPARED BY: TOWN OF FOUNTAIN HILLS icQty Giddy Dickey, Mayor 6 A— _ - Li a 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 7'h day of March 2023. I further certify that the meeting was duly called and that a quorum was present DATED this 2nd Day of May 2023. L nda G. Mendenhall, Town Clerk