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HomeMy WebLinkAbout2024.0618.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 18, 2024 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:26 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Brenda J. Kalivianakis; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Sharron Grzybowski; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Allen Quist; Town Clerk Linda Mendenhall Staff Absent: Town Attorney Aaron D. Arnson Audience: Approximately fifty members of the public were present. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 1 of 52 Post-Production File Town of Fountain Hills Town Council Regular Meeting June 18, 2024 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. * * * * * TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 2 of 52 MAYOR DICKEY: And now we'll call our regular meeting to order. Please stand for the pledge and remain standing for the invocation. ALL: I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Thank you. You may know that the Rev. Bobby Brewer sadly passed away this week. Poignantly, he was actually scheduled for tonight's invocation. So we asked his good friend and former Councilman Dennis Brown to please do the honors. MR. BROWN: And thank you, Mayor and Council. Before we pray, I'd like to give just a minute for Bobby Brewer, if I may. Bobby and I were good friends. He's a man of God. We traveled to Argentina. Actually built a church -- a sticks-and-bricks church in Argentina. And my last term, he actually swore me in. So he was a very important person in our lives. So let us pray, please. Father God, thank you for the opportunity to live in such a wonderful, beautiful town. Thank you for blessing the citizens of Fountain Hills with a group of hardworking, dedicated, caring group of town employees and first responders. Without this group, we would not have a beautiful town to be blessed with. Father, thank you for the mayor and the council. I pray you will bless each of our town officials with the knowledge and strength to keep our town moving forward, as we have been blessed with all the previous councils. I pray to you, Father God, through the Holy Spirit. In Christ Jesus' name, Amen. MAYOR DICKEY: Thank you, Dennis. UNIDENTIFIED SPEAKER: Thank you. MAYOR DICKEY: Thank you, Judy. MR. BROWN: Thank you. MAYOR DICKEY: Of course. Roll call, please. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Kalivianakis? VICE MAYOR KALIVIANAKIS: Here. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 3 of 52 MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember McMahon? MCMAHON: Here. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Toth? TOTH: Present. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. MENDENHALL: Anyone wishing to address the council regarding items listed on the agenda or under Call to the Public should fill out a request to comment card located in the back of the council chambers and hand it to the town clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name for the public record. Please limit your comments to three minutes. It is the policy of the mayor and council to not comment on items brought forth under Call to the Public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council meeting. MAYOR DICKEY: Thank you, Linda. We'll start, as always, with our activities. We'll start with our town manager and then we'll go to this other side. GOODWIN: Mayor, thank you. I just had a couple of quick updates. I don't generally talk about the meetings we have attended. As we all know, we all serve in different capacities with MAG, but I did want to mention that the manager's meeting was last week, and we had an opportunity -- and MAG is developing a new offshoot for small communities, for communities less than 40,000 in population, to talk about their unique needs and ways that they can better help smaller communities leverage the abilities and the magnitude of MAG. So that's a really exciting new thing that Fountain Hills will be part of, so I'm excited to be involved in that. I also wanted to mention that it's hot. If you hadn't noticed, it's really hot. So our TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 4 of 52 splash pad is a super popular place. I want to encourage folks, our splash pad reminder, that it's open seven days a week. It opens at 9 a.m. and then runs till dusk. It has been a very popular place. It's a great place to take family, friends that are visiting. And it was actually featured on national TV last night, so that was very neat. Obviously, they were talking about the heatwave that is moving across the country, ways to stay cool, but it was really neat to see our splash pad featured in that way. So other ways to stay cool, our Wacky Wet Wednesday is this Wednesday out at Four Peaks Park. Our fire department will be out there. A number of games and activities and all kinds of sprinklers will be going to help cool off. Later in July, we also have our Ice Cream Social, and then of course we have our 4th of July activities. So for a full list of things, please hop onto our website, follow us on social media to find out all the activities going on in town during the summer. That's my update. MAYOR DICKEY: Thank you. Councilman Skillicorn? SKILLICORN: No report other than just a thank you everyone for coming and wishing everyone a healthy, happy summer. MAYOR DICKEY: Councilwoman? VICE MAYOR KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. Like Allen said, thank you, everybody, for coming. Thank you for the people live streaming on YouTube and Cox Channel 11; we appreciate your participation. Like I say every council meeting, an active and engaged citizenship leads to good government. What do I mean by that? Active citizens participate in things like public meetings, social groups, committees, and councils; active citizens help their society by helping others; active citizens engage and assist with their neighbors; active citizens speak out against prejudice, injustice, and inequality. I had the honor and privilege to attend the Length of Service Luncheon for our employees, which was a really wonderful event. They -- we rewarded the length of service: 5, 10, 15, 20 years; you get the drift. Long-term employees contribute to the stability and the reliability of our town. Their extended tenure demonstrates loyalty, TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 5 of 52 commitment, and a proven track record of consistently delivering results. This stability translates into reduced risks and increased confidence in our town's ability to fulfill its commitments. Long-term employees possess solid institutional knowledge enabling them to navigate challenges, maintain continuity, and provide a dependable foundation for all collaborative efforts. Thank you all of our town employees. I wish we could have recognized every one of you, as it was only one in the 5, 10, 15 years, but you all deserve recognition. So thank you for serving this town. We had another Public Safety, Military, and Courts Committee meeting this week. If you remember -- I think it was a month ago -- we discussed the bio-divergent [sic] people that are on the spectrum with autism and other neurological illnesses. When they get police stops, sometimes those police stops go terribly wrong simply because the people don't process the information while they're being stopped; sometimes they panic. And so our committee recommended either legislatively or administratively that this information gets put on their driver's license. So when they do a traffic stop, the officer will know that this person has a bio-divergent [sic] problem. And so the good news is, is -- the big win is that didn't have to go legislatively; this one administratively -- the Arizona Department of Motor Vehicles warmly embraced it and they're going to roll out a test project very soon. And so that's that's a wonderful thing that our committee did. The other thing that we did this last week is on public records requests. Like FOIA requests, the victims and witnesses of crimes don't have their names protected. They protect things like their email, Social Security, address, phone number, and other things like that, but they don't protect their name. And so can you imagine if you're a witness to a crime -- say, a cartel crime, and the cartel actually does a FOIA request on who the witnesses were to that crime, and they turn over the name. That's just crazy. And so our committee voted unanimously to end that loophole so that that information will be protected from FOIA requests. So that's another very good thing. I also attended the annual Elks Club Annual Flag Day Celebration. I am proud myself to be an elk. It's noteworthy that the Benevolent and Protective Order of Elks is the first TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 6 of 52 and only fraternal body to require formal observance of Flag Day, which came about during the Grand Assembly at Dallas, Texas, in 1908. This is one of the reasons it is so meaningful to me as an elk. Flag Day is a holiday in the United States that celebrates the adoption of our national flag. The day also honors the principles of freedom, of unity, and of patriotism. The stars on the flag represent the 50 states. The stripes represent the original 13 colonies. The colors have meaning as well. The red symbolizes hardiness and valor; the white symbolizes purity and innocence; and the blue represents vigilance, persistence, and justice. And so that was a wonderful event. I was really glad to go there. Lastly, our Desert Valley Winds, the band I play for, is going to be returning to Fountain Hills soon, so stay tuned. I'll have more information for you shortly. So anyway, that's my report. Thank you, Ms. Mayor. MCMAHON: Good evening, everybody, and thank you for coming. Past couple weeks, I have attended a couple of committee meetings with the Arizona League of Cities and Towns. We're looking forward to the future, making some suggested policy decisions, which are going to come before the conference in August for decision or not, whether they're going to submit it to the legislature or not. That's it. MAYOR DICKEY: So thank you. Thanks. FRIEDEL: Thank you, Mayor. Rachael brought up the splash pad. I was out there last week; it was packed. So it's great to see that it's getting so much use. And it's such a wonderful thing for our community and to be able to offer that to the public. I also attended the Length of Service Luncheon for the town employees, and I still consider the town employees to be our most valuable asset because we couldn't run the town without them. So thank you to everybody that was recognized and thank you to all the employees that work for the town. I was also at the Elks Lodge Flag Ceremony. It was a very moving ceremony and a lot of history about our flag and what it represents to everybody in this nation. So I was proud to be a part of that ceremony. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 7 of 52 And I attended the domestic violence meeting, and we talked a lot about domestic violence later in life. Most people don't think about that, but it does happen. Late life domestic violence is a real thing, and so we're forming a committee to look into some other alternatives for that as well. So that's all I have. Thank you. MAYOR DICKEY: Thank you. GRZYBOWSKI: I attended the Charge at Work Webinar sponsored by the Arizona Women of Electric Vehicles and the EV program manager with the City of Phoenix. They asked me if I would help them coordinate a Ride-and-Drive here in Fountain Hills, so I told them that we'd talk about it. SRP does that regularly all around the valley. I also attended the League's Budget, Finance, and Economic Development Policy Committee meeting. We unanimously approved two items to send to the League's Resolution Committee at the Annual League Conference. The first one is protecting local revenue, and the second one is regarding the tax increment financing. It's a tool that cities and towns get to use in every other state. We are the only state that cannot use this. And in case you're not familiar with TIF, it's where taxes on future land values are used to pay for new development and infrastructure inside a designated TIF district. Thank you. MAYOR DICKEY: Thank you. TOTH: Thank you. I have no report this week, but happy summer everyone and stay cool. MAYOR DICKEY: Thank you. Yes, were very happy to go to the Length of Service Recognition; appreciate our staff, of course. Had my quarterly meeting with Dr. J., superintendent, and some of our staff met with him as well. So I think we had some good things coming up with the school district. And MAG Regional council meets next week, and that this is our annual meeting where we have a changing of the executive committee and the chair. So I don't know who that is yet, but I'll know next time. We have a couple of things going on. We have a proclamation for Parks and Rec Month -- I'm thinking that's going to be Kevin -- and then outgoing Commissioner Susan TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 8 of 52 Dempster. So I'll go down for those and then we'll come up and do a couple more things. So we'll start with the Parks and Rec proclamation. Hold on. All right. So whereas Parks and Rec are an integral part of communities throughout the country, including the Town of Fountain Hills; and, whereas Parks and Recreation promote health and wellness, improving the physical and mental health of people who live near parks and time spent in nature; and, whereas Parks and Rec encourage physical activities by providing space for popular sports, hiking trails, and many others designed to promote active lifestyles; whereas Parks and Rec is a leading provider of healthy meals, nutrition services, and education such as out-of-school time programing, youth sports and environmental education critical to childhood development; and whereas, Parks and Rec increase the community's economic prosperity through higher property values, expansion of the local tax base, increased tourism and attraction, and retention of businesses, and crime reduction; and whereas Parks and Rec are fundamental to the environmental well-being of our community and our essential and adaptable infrastructure that make our communities resilient; and whereas Parks and Rec areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature who recreate outdoors; and whereas the U.S. House of Representatives has designated July as Parks and Rec Month; so whereas the Town of Fountain Hills will recognize the benefits derived from parks and recreation resources -- we just heard about the splash park -- so therefore, I, Ginny Dickey, mayor of the Town of Fountain Hills, do hereby proclaim that July is recognized as Parks and Recreation Month, this day June 18th, 2024. Yay. SNIPES: Easily said. Thank you, Mayor. First of all, I'd like to thank all of our staff. They really take this to heart with everything they do. And if you come to any of our programs or any of our parks, you can see that on a daily basis. And I'd like to thank both past and present councils for all your support. Without you guys, we wouldn't be able to do what we do, and it's my favorite thing to do. So thank you so much. Appreciate it. MAYOR DICKEY: Did you get a picture of it? No, I keep forgetting. Thank you, Kevin. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 9 of 52 SNIPES: Thanks. MAYOR DICKEY: Thank you. Is Susan Dempster here? Okay. I'm going to go do this up there, then. And we will get give her her certificate of appreciation, and then we'll move on from up there. Thanks. It's important, even though Susan isn't here, for me to read what her colleagues and what we all think of her since she was serving for so long. We would like to recognize Susan Dempster for her contributions to our community as a member of the Planning and Zoning Commission. Susan has served on the commission since 2015 as a commissioner and chairperson. We appreciate Susan's dedicating her time and expertise to shaping the future of Fountain Hills. She played a vital role in countless revisions of the zoning ordinance and many cases, from golf nets to the general plan to some high profile cases: Park Place, Adero Canyon, Daybreak, Fountain Hills Medical Center, and the Target Center. She always fostered a collaborative environment where all perspectives were heard and considered. Susan is known for her meticulous research and preparation for upcoming commission cases. She demonstrated a deep understanding of the Planning and Zoning principles, which ensured well-balanced decisions. Susan, wherever you are, we extend our sincerest gratitude for your commitment to our community. Your presence on the commission has been invaluable, and we thank you for your service. Let's give her a hand. Thank you. Now we're going to move on to recognizing our chief financial officer. We're going to kick it off with our town manager. Thank you. GOODWIN: Thank you, Mayor. This is hard to do because it doesn't feel real. We've known that David Pock was going to be relocating. We've known, actually, for a while -- he gave us probably ample notice, probably nine, ten months' notice that it was coming -- which allowed us to do a lot of strategic planning. It allowed us to bring somebody else on board to train with him so that they were ready. But it just didn't feel like the day would actually get here when we would have to really say goodbye. So I do have a few words to kind of express some of my thoughts. And I'm going to do my best to get through it without getting too emotional, but. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 10 of 52 Tonight we recognize and celebrate the significant contributions of our outgoing Chief Financial Officer David Pock, better known in our office as simply Pock. Over the past five years Pock has been a cornerstone within our organization, guiding us with fiscal expertise, creative problem solving, and a keen financial acumen that has shaped our organization. Pock, your strategic vision, and meticulous attention to detail have not only stabilized our financial health but also positioned us for long-term growth and prosperity. Under your stewardship, we have navigated through challenges and seized opportunities, always emerging stronger and more resilient. Your leadership has been instrumental in shaping the robust and dynamic financial framework our town relies on today. Beyond the numbers and balance sheets, you have been a mentor, a collaborator, and a trusted advisor to us all. Your humility and laughter have helped create a team culture, and you will be sorely missed by your staff and your colleagues. On a personal note, I am eternally grateful for your guidance and support that you have given me as we have navigated leadership changes within the town. Your calm demeanor and sense of humor during uncertain moments have made all the difference. Our discussions and analysis might be what I miss most. The subjects have run the gamut, whether we are having a very deep discussion, comparing the pros and cons of donut shops, donut styles, or donut toppings -- if you don't know, Dave is a donut kind of guy - or discussing financial strategies and complex government funding regulations. Your personal touch has always made me smile. I should issue a word of warning to your next team of coworkers, though: if he knows your favorite donut, he will make sure it's in the box, and you will love him for it, but your waistline might not. As you embark on this new chapter in Tennessee, we want to express our deepest gratitude for your service and your dedication. Your legacy will continue to guide us, and we are confident that your future endeavors will be as successful and impactful as your time with us here in Fountain Hills. We wish you all the best in your future pursuits and thank you for everything you've done for us. MAYOR DICKEY: Oh, now you got to him, I think. So before you say anything, I'm going TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 11 of 52 to see if anybody up here has anything that they would like to add, after you being such a good caretaker for us. Councilwoman? MCMAHON: David, thank you. I remember when I first got elected, I didn't know heck about the budget. And poor David put up with all my phone calls, my questions, and no matter what, he had a sense of humor about it and provided invaluable guidance. So thank you very much from the bottom of my heart. I really hate to see you go, but I know life's an adventure and you have a great future in front of you. So again, thank you. MAYOR DICKEY: Thank you. Councilman? FRIEDEL: David, thank you for your clarity and direction. The number of calls, the number of conversations that we had, I really appreciate that from the bottom of my heart. So you always had the town's best interest at heart. We appreciate that and we respect that. And good luck in your future endeavors. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: Thank you for explaining the same thing to me over and over and over again, because I don't like the mathing [sic] stuff. So you did a great job of explaining it in simple terms, and I really appreciate that. I know the citizens appreciate how responsive you've been. I just -- like, I told you, I'm really going to miss you. I think you've been a great asset to the town, and I can't say anything more than I appreciate you. And if you need a letter of recommendation, let me know. MAYOR DICKEY: Councilwoman? TOTH: David, you have been so helpful in getting our budget in perfect order, and you are a wealth of knowledge on this topic that's very complicated. You've been very patient with my probably kind of dumb questions sometimes, and I will think back to one of the very first meetings where you explained the buckets, and I will never forget that entire explanation; it was so helpful. I just -- we're going to miss you a lot. And thank you so much for all you've done for this town. MAYOR DICKEY: Vice Mayor? VICE CHAIR KALIVIANAKIS: Yeah. Thank you, Ms. Mayor. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 12 of 52 Yeah, David, I just want to reemphasize what everyone has said up here. Thank you for making the complex simple and understandable. The budget is such a difficult thing. And every time anybody reached out, it seems like you just gave good answers. And thank you for your steady guidance and your leadership and Godspeed in your future endeavors. MAYOR DICKEY: Yes. Thank you, David. Before you have to come up, I just want to say thank you for everything that you've done. I meant it; you've been a great caretaker. You've taken us through all kinds of issues and legislative turbulence. And you've given me my favorite phrase, which is conservative budgeting with continuously higher revenues and lower expenditures than expected. So we've done that every single year. And as everyone said, you always responded thoroughly and clearly, and we really appreciate that. And we have the awards to show it. And thank you for staying on, because Paul has shown such an amazing way to step in, and we are going to look forward to working with him. And we're going to look forward to hearing good things about you. And we'd like you to come on up and -- oh, by the way, we have a nice photo over there and a card, and you don't have to do anything with them right now, but just come on up. And thank you for everything. POCK: I've got notes. I didn't trust my emotions and I'm glad I took them. It was a very -- thank you. Thank you, Mayor and Council. It's it's been a pleasure serving the town and its residents for the past five years. But I wouldn't have made it this long without the help and support of an incredible finance team, who are in the back -- love you -- the town manager and every other town employee that comes to work every day trying to make the town a better place to live and work than it was the day before. It's been my honor and pleasure to work with such dedicated individuals. Damn. I'm confident that the town has a bright future ahead. However, the amount of time and effort it takes to get there will depend on everyone's ability to listen to opposing opinions and reach meaningful compromises that will benefit everyone and not just a few. I wish all of you -- I should have used y'all there. I got to start practicing. I wish TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 13 of 52 y'all the best. See you on YouTube. And please speak into the microphone, because my hearing isn't as good as it used to be. Thank you all very much. I really appreciate it. MAYOR DICKEY: Do you want a picture? Do you want to come up here, maybe, and we can squeeze? POCK: Sure. MAYOR DICKEY: Thank you, all. We have no presentations for tonight, so our next item is call to the public. Speaker cards, please? MENDENHALL: Yes, Mayor, we do. In your packet is one comment card for your review. And then we do have -- looks like six cards in person to speak. We will start the evening off with Liz Gildersleeve, and on deck, Rick Watts. GILDERSLEEVE: Good evening all. Liz Gildersleeve, Fountain Hills resident. At the last town council meeting, a Fountain Hills resident stated, during her Call to Public -- and I'm paraphrasing -- that everything was essentially fine with this council, with the exception of one councilman behaving inappropriately. I'd like to offer a different perspective tonight. For starters, we have Councilwoman McMahon driving around town taking photos of political signs in peoples' front yards. How do I know this? I have a security photo of her sitting outside my front yard, taking a picture of my signs and my house. I got to believe there are more pressing town issues that you could -- that you could be focused on besides policing people's front yards. Next, we have the roadblocks that this council has erected regarding a broadband ordinance. Specifically, Mayor Dickey and Councilmembers McMahon, Grzybowski, and Kalivianakis voted against sharing a broadband ordinance draft with the Planning and Zoning Commission during the last town council meeting that we, the taxpayers, already paid an expert approximately eight grand to create. The council denied P&Z's request by hiding behind executive session discussion privileges. This continues the lack of transparency and abuse of the executive session privilege by Mayor Dickey. And to boot, Councilmember Kalivianakis took it further at the last council meeting and TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 14 of 52 disparaged the volunteer members of the P&Z Commission and weirdly labeled them, quote, "farmers and butchers", end quote. Third, Councilmember Kalivianakis continues to use private email for town communications. On Friday, May 31st, I shared an email thread with the town manager and the entire council involving Kalivianakis and a resident via her private email, where she signed the private email as Brenda Kalivianakis, Vice Mayor, along with all the other identifying information you'd expect to see in a public email, and once again suggesting Kalivianakis continues to use private email for town purposes. I asked Mayor Dickey if this was appropriate behavior, and I never got a response. And finally, we learned recently that Councilwoman McMahon received a $1,500 campaign donation from Republic Services PAC, while Mayor Dickey received a 5,000 campaign donation from Republic Services, despite having oversight of Republic Services' exclusive contract with Fountain Hills. Is this paying for influence? Is this a conflict of interest? Sure looks like it could be. So there's plenty of bad behavior to go around, and it isn't centered on one councilman. Thank you for your attention tonight. WATTS: Mayor, Council, Rick Watts, resident and proud member of the Planning and Zoning Commission. I'm here before you this evening to express my extreme frustration with the comments and arrogance of certain councilmen during the town council meeting of June 4th. It was inexcusable to refer to the commissioners of the Planning and Zoning Commission as farmers and butchers. It was insulting to flippantly hear that the council does not have to listen to, or even consider, the recommendation of the Planning and Zoning Commission. It was impertinent to read a rationalization rather than a simple apology. By the way, I suggest that you look at the qualifications on the website for a Planning and Zoning commissioner. I don't find any farmers or butchers listed as a qualifier. I ask, why do the members of the Planning and Zoning Commission waste their time researching, exploring options, debating, discussing, doing the heavy lifting on behalf of the residents to be insulted and so casually dismissed? Planning and Zoning TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 15 of 52 commissioners have spent hundreds of hours studying the 5G broadband issue and have been misdirected, redirected, stalled, and stonewalled, obtaining any and all information that is necessary to draft a comprehensive ordinance that addresses the safety, health, and well-being of our town residents. I can accept the council's directions, but not the insults. The town administrative organizational chart clearly shows that the council is subordinate to the town residents, and yet the council continues to conceal information that is clearly in the public's best interest to know, consider, and understand. Who ever heard of a subordinate refusing to provide the supervisor with her work documents? With all due respect to Director Wesley and our town staff, they are not experts in the field of radio frequency transmission and any potential side effects. The topics are -- technically and legally surpass their level of expertise. I challenge anyone on the council to debate the topic of 5G based on the information you've been provided by town staff. How can the councilman whimsically and arrogantly brush off Planning and Zoning's requests and recommendations? Debate, discussion, and considering all information is the essence of creating a solid, balanced ordinance that is focused on and protects the town welfare. Considering the advice of experts is a hallmark of good leaders that acknowledge limitations and put aside individual egos. This council has approved expenditures literally tens of thousands of dollars studying traffic signs, traffic signals, crosswalks, parking, roundabouts, just to name a few, but refuses to engage an unbiased expert that's versed in the legal and technical issues that have could have a dramatic, short- and long-term effect on town residents, both property valuations and potential health perspectives. Being a thought leader is about doing the best you can do to protect the town residents with a full understanding of legal and technical aspects challenging the status quo. Comments like "farmers and butchers" make me question if the Planning and Zoning Commission should just defer any difficult or challenging issues directly to the self- proclaimed superior intelligence of the town council, to allow the council the opportunity to do the hard work and heavy lifting, researching the details that were so TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 16 of 52 quickly and easily dismissed without merit. Thank you. MENDENHALL: Next we have Barry Wolborsky, and on deck, Kim Bartmann. MR. WOLBORSKY: Barry Wolborsky, Fountain Hills, resident. At the last council meeting, there was a somewhat heated discussion about what to call the organization ROT. It was initially called ROT, then corrected to Reclaim Our Town. I, however, like the name ROT. I moved to Seattle from Los Angeles in 1972. I was amazed how clean it was and how safe it was to walk anywhere, day or night. Now I have a friend that owns a business in Seattle. Seattle allows the homeless to live in junk cars anywhere there is a legal parking place, even residential streets. He has to go out every morning and clean human feces off the sidewalk so his clients don't have to walk in it. Seattle has a budget for stores to paint murals on the plywood where their windows used to be. The first time I went to Portland, only about 160 miles from Seattle, I fell in love with it. A beautiful city built at the intersection of two majestic rivers. Now some areas of the city have crime rates 250 percent higher than national average, and the police force is ranked 48th among the country's 50th largest cities in police per capita, because the police won't go to work there. San Francisco is a wonderful place with its fine dining, waterfront, and cultural attractions. The city just passed a law that businesses can't have large planters in front of their business because it prevents the homeless from camping there. Yes, ROT is a great name for what has happened to Seattle, Portland, San Francisco, and many other liberal-leaning cities in this country. And never say those famous last words, it could never happen here. BARTMANN: Kim Bartmann, Fountain Hills resident. I'm here to speak to our community and those in attendance, those watching on Channel 11 and watching on YouTube. Last week I attended the mayoral candidate forum, and the week prior to, the town council candidate forum. Did you attend or watch online? Do you need more information? Who will you vote for to best represent our town for mayor and council? Will they vote for what is best for our town or for their party? Do they uplift our town or use scare tactics? Are they supported by or support the PAC, Ruin our Town, ROT, TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 17 of 52 who litters our major streets with negative signs? Are they divisive, or can you see them bring everyone together for the common good of our town? Trust your friends and neighbors, or ask your friends and neighbors who they are voting for. Then check out the candidate's social media. Check out their website. Find out what type of volunteerism they have done in the community. Read their letters to the editor. Watch the candidate forums. Didn't attend the candidate forums? Ask those who attended and who took notes. Reach out to the candidates, ask about where they stand on issues that are important to you. If you admire or appreciate current candidates, ask them who they recommend. Then do your own homework. Don't sit out this election. Be sure who you vote for cares about Fountain Hills and are not trying to garner attention for higher office or seeking the spotlight. This will waste time and money and take away from the issues that are important to continue to help Fountain Hills thrive. Vote responsibly. Vote for those who truly care about our town and residents. Thank you. MENDENHALL: Next we have Matthew Corrigan. On deck, Lori Troller. CORRIGAN: Madam Mayor, Councilmembers. I hadn't planned to speak tonight, but I'm doing so because I'm reminded of something that happened yesterday -- not this year, but in 1775. Sunday, I began to fly the Bunker Hill flag with a Gadsden flag, and I've been doing so for about a month, tracking the historical content of the flag, which we honored in Flag Day recently. Why the battle of Bunker Hill? Constant usurpations from the King, King George, a tyrant. We all know this. This happened because people who consider themselves Britons -- Englishmen -- were treated as foreigners. They were not allowed to speak freely. They were not allowed to meet. The government required that they quarter soldiers in their homes. Many usurpations, many damages, not only to First Amendment rights, which we now have and didn't have then, but Second Amendment rights and so on. The list goes on. What does this have to do with my speaking tonight? Well, the Battle of Bunker Hill was a British -- supposed to be a British pouncing of the patriots. But what happened was 2,000 Brits died that day and only 420 patriots. And they stood proudly. They were just TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 18 of 52 standing there with muskets at the top of the hill, fighting the most powerful army in the world. One of those founding fathers, one of those patriots was Thomas Paine. And why is that significant? Because he is known to have said, I will defend to the death your right to say it. Let me begin at the beginning. I may not agree with what you say, but I will defend to the death your right to say it. That's the importance of public comments. What I see recently is troubling. Residents who get up here and speak, hopefully, instructively, and knowledgeably, are then sometimes castigated personally. The bully pulpit has been a term which has been used. The bully pulpit is effective. Why? Because in essence, that speaker, that resident has no power to respond. Is it unfair? Yes. Should we think about it? Yes. Please think about that during the summer and have a great summer. Thank you. TROLLER: Lori Troller, resident. Resolution 2018-18 is the Fountain Hills law that pertains to the building infrastructure of cellular and broadband services. That is what Mr. Wesley and P&Z should be working on. Updating that is what would accomplish what you, the council, thought you were asking them to do. Mr. Wesley is not working on that. He's working on the municipal code. Where did that directive come from? Who picked the municipal code over the resolution? Did that start with Aaron? Mr. Wesley says his direction comes from Rachael, but the council says it comes from them. So who is it? Who is -- is really important that we know this, and there is a correct answer to it. The public has every right to know exactly what and where that direction came from. But we don't, because this and the majority of two years of work have been kept out of the purview of the public, which, frankly, favors the telecom industry. All this, despite the fact that the town council is supposed to conduct itself in the spirit of open transparency to the public. An example of abuse of executive session. The council does not write the agenda for the executive session. That fault isn't theirs. Let's add to the fact that the town is now illegally denying FOIA requests on aspects of this topic. This particular law is extremely sophisticated, highly technical, and legally TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 19 of 52 savvy at an industrial level. It's beyond Mr. Wesley's experience. His cut-and-paste style is not yielding the strongest possible law. This isn't a personal jab at anyone on the dais or the staff; it's just the simple fact that no one has experience with this stuff. You could, if you conducted public workshops with safe tech experts, heck, you don't even understand how to measure emissions. How are you going to maintain FCC emission limits when you put these things next to people's houses? Mr. Wesley's writing doesn't include this. P&Z realized they don't understand this, and they want to understand more. They've been begging for four months for your help. They were provided no information and denied access to professional help. The majority of the council refuses it. There is a single -- or there isn't a single smell test that council majority passes when you alienate P&Z and the public like this. The town has set the tone two years ago, when the town lawyer actually told us we weren't allowed to update our law. He said providers need to install towers in our front yards, and this is grossly incorrect and bad advice. The mayor stated there's nothing that you can do. So basically, so what? You get a tower in your yard. It meets FCC safety standards. Again, this is grossly incorrect and not reflective of the majority of constituents. And yes, Mayor, obviously you haven't read the law; 40-foot towers can go in residents' yards. And at the last meeting, I was completely floored when you didn't realize this, which means over the last two years, you haven't even cared enough to read the law that we're trying to update. In the last two years, except for the last meeting, there's only been three agenda items on this. I hope sometime in the future working on this issue doesn't run into these roadblocks we have. Thank you. MENDENHALL: Our last comment card is, and last speaker is Ed Stizza. STIZZA: Good evening, Mayor, Town Council, staff, and our new lawyer. No. So I've got quite a bit to say. I requested six minutes at the last meeting and was denied, and love to request that again, but I'll focus on one subject again. And that is the way the town conducts and does business. Over the past three and a half years that I've been back, I've seen complete evidence of TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 20 of 52 doing business badly, period, on several different issues. And what's been happening, all you have to do is walk outside our door or the door of the town hall, and you don't have to go very far to see the actual end result of the leadership and decisions that have been made in these four walls. It's appalling. It's insulting. And it's absolutely disrespectful to the residents of Fountain Hills. We need a change in leadership. I'm sorry, and I don't really want to get up here and be critical, but we only have so much time, and the critical things are overtaking what we actually have here, our beautiful city. And you have got to stop. I mean, it's just absolutely appalling what has been happening in these four walls. We have a fence that is in a main area of our downtown that has been up for two years. What have you done about it? Nothing. Absolutely nothing. You allowed, Mayor Dickey, the destruction of Adero Canyon, and that was one of the most pristine, beautiful areas in Fountain Hills, and you allowed it to be destroyed. So all you have to look -- all you have to do is look around, see the esthetic that's here in town. We have a hodgepodge town that should be one of the best in the country. And all these decisions have done nothing but made a major mess of this hodgepodge. It's got to stop. We need a change. We need a change in how this is all done or how all of you conduct business. We need a change in how our staff conducts business. We need a change in how our lawyer conducts business. And the fact that you actually demeaned Planning and Zoning was, again, it was absolutely disgusting. You should be respecting them. They have collectively way more experience on all the issues that I'm talking about right now than any of you do, and maybe collectively. So the opinions that you all present have got to end. I mean, you are managing this town, Mayor Dickey, with only a handful of people, and it is not in any way, shape, or form allowing the voices to take somewhat of an -- how can I say -- where everybody can hear the voices of the actual public. You've stopped that and you've done a really good job of doing that. And I mean, evidence of you worked very hard at the actual -- at the referendum and stopping it. And you did. Should have let that voice be heard. Thank you. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 21 of 52 MAYOR DICKEY: I'm not going to -- VICE CHAIR KALIVIANAKIS: If it's all right, I think I'm going to address it. MAYOR DICKEY: All right. Go ahead. VICE CHAIR KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Yeah, I'd just like to make a couple comments tonight about this farmers and butchers remark. Anybody that's had a social study class knows that from the president of the United States to our congressmen, senators, to our boards, commissions, and our town councils are comprised of average citizens. That's the point I made. That's the point I will stand by. There is no elite aristocracy in this country that are appointed by politburos from Washington to populate boards and commissions. We're all -- I am that farmer. I am that butcher. That's me. Prior to running for this office, I was playing the saxophone and bowling three times a week, and they asked me, Brenda, would you run for office? And I said, sure, because they said we needed talent like yours. I don't consider myself an expert on anything. As a matter of fact, if there's one thing I've said to our town manager and our mayor is we don't know anything. Our town staff knows. That's why we pay them the money. That's why we pay that lawyer the money. That's why we pay our public works director that money. So I don't understand where this comes from, that it's an insult to be a regular person in office. Now, I did hear that they took my words, and they were offended. And so after that meeting, I wrote the Planning and Zoning Commission at the June 4th town council meeting. I referenced the fact that the P&Z members are not telecommunications experts, but rather, people like farmers and butchers and people of the town, just like all of us who volunteer to contribute their varied expertise to issues confronting the P&Z. Rather than pulling random examples of occupations out of the air, I could have said our councils, boards, and commissions are populated by average citizens from all walks of life who wanted to answer the call to public service. Councilman Friedel told me the night afterwards that he was concerned that my remarks might have been perceived as pejorative towards the Planning and Zoning commissioners. This is a letter I wrote to them: I can assure you that that was not my TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 22 of 52 intent, and perhaps my statement was clumsy, and maybe I should have said it differently. If that's the case, and if anybody felt slighted by being compared to farmers and butchers, both noble professions, I sincerely apologize. We're all doing the best we can, and I'm always grateful for the thoughtful and deliberative contributions of the Planning and Zoning Commission, whatever their backgrounds may bring to the mix. I penned that and I sent it to the Planning and Zoning Commission, because the last thing I want to do is insult people. And so what I'm trying to say to you tonight is, this is a tempest in a teapot. This is a political hit job by people that don't like me. That's okay. But I will stand by those statements. We are all average citizens. We are all doing the best that we can and we all are bringing our best efforts to serve this town. MAYOR DICKEY: Thank you. Our next item is our consent agenda. Unless anybody would like something removed, could I get a motion, please? GRZYBOWSKI: Move to approve. MCMAHON: Second. MAYOR DICKEY: A roll call? MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Kalivianakis? VICE CHAIR KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 23 of 52 Our first item is approval of recommendation of appointment to the Planning and Zoning Commission. As always, we have a subcommittee that makes recommendations to the mayor, and they have recommended that we appoint Phil Sveum for a partial term. So it will go through April 30th, 2025. Could I get a motion, please? MCMAHON: Move to approve. FRIEDEL: Second. MAYOR DICKEY: Thank you. Roll call? MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Vice Mayor Kalivianakis? VICE CHAIR KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thanks for everybody who applied, and we look forward to working with Phil. And thank you to the committee for making the recommendation. Our next item is a public hearing. I will open it up. We'll hear from staff about allowing patio covers. Then we'll take cards and we'll close the hearing, and council can discuss. Thank you. WESLEY: Good evening, Mayor and Council. I'll have a brief presentation for you this evening to review this proposed text amendment. As you're aware, the zoning ordinance established various setbacks, lot coverage requirements for different TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 24 of 52 structures in different zoning districts. Most districts do require some type of setback from property lines for structures to help maintain an open field and appearance along streets and provide the densities and lot coverages that we look for. This request is to create an exception to some of those setback requirements to allow patio covers to encroach into front and street side yards. Before we could actually get to those standards, as we looked at the ordinance, we recognized we didn't have any specific definition of what we mean when we say patio or patio cover. So part of this text amendment is to add those definitions, which are shown here on the screen. And then from there we looked at the regulations. Section 5.06D of the Zoning Ordinance provides some current exceptions to the setback requirements. And so the proposal is to amend that Section D by adding a new 4 to provide for these patio covers. And so this introductory language of this new section says that this type of encroachment will be allowed with the following standards, the first of which is that in order to obtain approval, they would first need to apply for a special use permit as provided for in Section 2.02 of the Zoning Ordinance, with a couple of minor exceptions; rather than the 300-foot boundary notification that goes with the standard SUP, it would just be the abutting neighbors along the street. And instead of the full fee, which is, as I recall, a $2,000 application fee, it would just be ten percent of whatever the fee is. So it's more reasonable for this minor type of change. Then beyond that, the ordinance then provides some standards with regard to the exceptions that would be allowed. So it starts with a patio cover, May extend into one- half of the required setback up to 15 feet. Most of our setback in the residential districts are 20 feet, but in some of the larger lots, they do get to be a little bit more than that. So that's where the 15 feet would come in. Just as a graphic example of what that might look like. The orange areas, including the area under the green, are the standard setbacks. And then, so the green shows that half the setback encroachment that could occur with these patios and patio covers. The next provision is that the patio cover may not exceed more than 90 percent of the TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 25 of 52 height of the adjacent wall, or up to a maximum of 12 feet. So using a previous example that had been submitted for a similar type patio cover, you can see what we're talking about in terms of the patio cover and its extension from and in front of a structure. As staff continued to look at this and had some discussion with the language as it was proposed by the P&Z -- well, let me back up just a moment. That provision on the height, the 90 percent came through discussion at the P&Z Commission. And as we had time to consider that just a little bit more, we saw maybe some challenges with that particular wording. You look at the elevation behind this particular house, and there's various levels to that facade. So where are you measuring the 90 percent at? Then also you can have different designs of a home where that may or may not make sense. And so as an alternative to that, the council may want to consider the language as proposed here, the maximum would be -- because it's coming through a special use permit to council, so we could leave it open. So as the council approves the height, that's what it could be. And still include some maximum, such as the 12 feet or maybe a fifteen-foot maximum height, but leave the flexibility for the design of the individual house and structure and what it's in front of rather than putting that strict 90 percent, that may be a challenge in some cases to understand what it means if it really works with the house. So there's that potential change from what was in the ordinance going on to the next part of 4.b in terms of the basic standards for the patio cover, the structure -- excuse me -- the structures that hold up the patio cover -- because we're trying to -- they're encroaching into that setback; we don't want a solid wall there. That's why we have setbacks to begin with. But you're going to need some structure to hold up the roof. So how much structure can that be? And so we're proposing that along any side that's in the setback area, that can exceed more than 20 percent of the width of that side. And so here are some examples of what these things might look like in terms of its posts with a roof. As long as those combined area of the post doesn't exceed more than 20 percent of a side, then that works, but leaves a lot of design flexibility with individual TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 26 of 52 house and its architecture to design that structure. And then the last piece of the ordinance and 4.c, just some minor restrictions. Patio may not ultimately be enclosed. Again, it's into a setback area, so we maintain that openness and may not be used as a carport, garage, or other types of storage. It needs to remain used as a patio. So Planning and Zoning Commission held a public hearing at the May 13th meeting. Had one citizen provide some comments. Staff and Planning Commission are recommending approval. MAYOR DICKEY: Thank you very much. Do we have any speaker cards? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Okay. Then I'm going to close the hearing, and we can ask you questions and speak amongst ourselves. Just one thing, quick. The only thing different than in what's written on here is the 12-foot max. So if we wanted to make a motion for 24-10, we would say with that change? WESLEY: Correct? MAYOR DICKEY: Okay. Okay. Councilwoman? MCMAHON: John, thank you. I have a couple concerns with this and I'm just going to go through a couple of them, if you don't mind. I want to know about affecting the visibility. You say they're going to give notice to the neighbors. What's the effect of that if they don't want it? And are these going to be solid? What can these be made of? Canvas? You know, is it going to have to come -- fit within the neighborhood, so to speak, architecturally, et cetera? Because I can see where everybody has different tastes. It might not fit with someone's, like, particular patio, the other cover, the other person may not, et cetera. So I'm concerned about lack of direction in this. Or is that an SUP? And also -- that's enough for now, but I still have another question or two. Thank you. WESLEY: Yes, Mayor, Councilmember McMahon. The SUP process, it would be like any other special use permit. It would go with the public notice, through P&Z, and to council at hearings. And so the citizens would have that opportunity to express their concerns TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 27 of 52 at those levels. And council could ultimately deny it, or similar to looking at the height, that architectural compatibility certainly could be part of that review. MCMAHON: Okay. So it's not just going to be anything and anything anywhere, et cetera? It's going to -- and these are not HOA neighborhoods because HOAs usually govern that, correct? WESLEY: So Mayor, Councilmember, HOAs may have their own rules -- MCMAHON: Right. WESLEY: -- that they would have to follow. MCMAHON: Okay. WESLEY: So those are separate than the town's. MCMAHON: Okay. All right. Thank you so much. I appreciate it. MAYOR DICKEY: Vice Mayor? VICE MAYOR KALIVIANAKIS: Thank you, Ms. Mayor. Thank you for your presentation, John. Just a couple things. On the definition, it talks about the patio. The definition is, can be open or closed. But then if you go down to 4.c, it says they may not be enclosed. So this would be, they can be enclosed if it's on the back of the house or the side of the house, but if it's in front of the house, we don't want those enclosed? WESLEY: Mayor, Vice Mayor, if it encroaches into the setback, we don't want it enclosed. But as long as it's within the setback area, just like any house -- VICE MAYOR KALIVIANAKIS: Okay. WESLEY: -- it could be enclosed. VICE MAYOR KALIVIANAKIS: Okay. Good. Thank you for clarifying that. And then my other concern is b.2 about "May not exceed the height of more than 90 percent of the adjacent building". And so again, just so I can get a visual here, if you've got a roof line that comes down, would the shade structure have to be below to -- at least ten percent below the roof line? WESLEY: Mayor, Vice Mayor, the way it's worded -- excuse me -- here is the adjacent wall. So whatever that wall height is. So if you do have a sloped roof, then it would be the roof where it hits that wall. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 28 of 52 VICE MAYOR KALIVIANAKIS: What about the roof line as compared to the shade structure? Could that be at the roof line level and extend out? WESLEY: Vice Mayor, since the roof itself is going to be above the wall to some -- VICE MAYOR KALIVIANAKIS: Okay. WESLEY: -- minor bit, or it's going to be sitting on top of, so it's the wall itself that we would measure the height of. VICE MAYOR KALIVIANAKIS: Okay. WESLEY: So it's 90 percent of that wall -- VICE MAYOR KALIVIANAKIS: Okay. WESLEY: -- as currently drafted. VICE MAYOR KALIVIANAKIS: Okay. Thank you. MAYOR DICKEY: Any other discussion or motion. Councilwoman? TOTH: I'd like to make a motion to approve with the proposed alternate language that John suggested; that the height may be as approved by the town council but may not exceed 12 feet in height. SKILLICORN: Second. MAYOR DICKEY: Thank you. Could we get a roll call, please? MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor Kalivianakis? VICE MAYOR KALIVIANAKIS: Aye. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 29 of 52 MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you very much. Our next item is a waiver of fill standards. And that's going to be you again, John. Thank you. WESLEY: So Mayor, we're looking at property on 9130 North Hummingbird Trail with this request. So Zoning Ordinance Section 5.03 establishes limits for the amount of cut and fill that can take place during a development project, and it sets that at ten feet. However, it does provide for developer to apply for a waiver from the council to have more or less than that ten-foot cut or fill. The basic goal is we're trying to maintain the topography in the town, utilize that, and also avoid big blank stem walls. So the home is being prepared as designed for the property on Hummingbird Trail. It's been in review. And as part of that review, we recognize that they have some area with excessive fill based on the code. It's a very steep lot with a ten-foot drop in elevation from west to east. They're proposing basically a single-story home on the house on the property. And as we've reviewed it, there's an area of about 534 square feet on the east side that has fill more than ten feet at the max. It's about 14 feet. So the lot is shown here in the red area in the star at the end of Hummingbird Trail. And here you can see that topography. The blue lines are ten feet on here. So you can see how much that falls from the west to the east down to that low area along the east side. The area that's shaded in is the area where the fill exceeds the ten-foot maximum height. And this shows adjacent properties and what their view of the portion of the house would be where that extensive fill occurs. So they're relatively far away, and particularly the one that's 450 feet away, that's really quite a ways up a hill also. So this may be a little bit hard to read, but you can see on here the grade of the property. And then this dashed line represents the finished floor area for the home. And so they've got some retaining walls in front of, then the stem wall of the house. And so you can see back here at the highest point that stem wall is 14 feet worth of fill to bring that up to that finished floor level. And that's the portion, then, that is somewhat visible from the neighbors. Again, they're far away. But that's the part that TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 30 of 52 the staff is concerned about of the ordinance is trying to help address. The landscape plan has been provided by the applicant for the property. The areas circled in the red are the plants that are immediately in front of this property. Landscape architecture and plants are not my strongest suit, but I have looked at these, and they're generally lower growing plants, as I have reviewed them. And also the area up here, shaded in, is the area that's just above those retaining walls. And I'm not seeing any landscape material in that particular area. And so as I've looked at this, it appears that we could probably do a little bit more through the landscape plan to help mitigate the view of that stem wall by having some more plant materials in this location. But given the small amount of excess fill, the distance it is from other structures, and I think, the ability to screen some of that through some landscaping in that corner, staff is supportive of the fill waiver. MAYOR DICKEY: Thank you very much. Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. Lisa Rogers. ROGERS: Hello. Hello, Council. I'm the architect. And everything that we wanted to do is to keep the house at one level. And because of the grade and all that, we're proposing that the fill is going to be excessive, but it's only about 530 square feet, plus there's -- what do you call it? Oh, that there's a ordinance that would fill the excess fill under the house would be five percent of the home. So that would be -- therefore, there would be 207 square feet of the -- square foot underneath the house that would have to be waived. So I'm hoping that that you guys will waive this. That's it. MAYOR DICKEY: Thank you. Any questions for our guest or for John? Any further -- oh, I'm sorry. Oh. Go ahead. I'm sorry. GRZYBOWSKI: I just wanted to say, as somebody that wants a one-story house themselves, I wholeheartedly support this. We need to do what we can with our limited lots that are available. They're all at a pretty steep grade, or many of them are at a pretty steep grade. So I think it's really important that we be open-minded to this kind of thing, because a whole lot of us don't want to have two stories worth a house to have to clean. So I'm actually ready to make an approval to -- motion to approve this as TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 31 of 52 written. VICE MAYOR KALIVIANAKIS: Second. MAYOR DICKEY: Councilman, did you -- SKILLICORN: Madam Mayor. And actually, I know this lot. And there's actually -- at the bottom of the hill, there's a wash there. So this is a unique solution. I'm actually quite excited. Something is going to go into it because it's a very beautiful area. And this is a beautiful lot. I'm glad there's going to be something that fits that role. And the fact that we didn't hear any neighbors to complain about it was a good thing also. I mean, that's what we ought to look for, but it's great that we found a use for this. And I think it's going to add to the -- as also another new home on this Hummingbird also. So sounds great. MAYOR DICKEY: MAYOR DICKEY: Councilwoman? TOTH: I'm also supportive of this. I mean, we are called Fountain Hills for a reason. But just for the peace of mind of everybody watching at home. John, could you clarify? It looks like a very small area that would be, maybe, kind of, sort of, part of the wash, just so that it's on record. Is this affecting drainage at all? WESLEY: Mayor, Councilmember, no. All that's taken into account through the building plan review. TOTH: Perfect. Thank you. MAYOR DICKEY: Very good. Roll call, please? MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 32 of 52 SKILLICORN: Yes. MENDENHALL: Vice Mayor Kalivianakis? VICE MAYOR KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you very much. Our next item is Justin is going to talk to us about our job order, master agreement: contracts. WELDY: Madam Mayor, Councilmembers. There's been a lot of discussion with department heads in the town manager about job order contracts. They're a simplified method of addressing the needs of a smaller community like this. The town manager and I had a discussion just a few days ago, and I let her know that I was going to take a look over the past several years for seven job order contracts that we had utilized for various tasks. Having done that, I will tell you that the largest number, which is around $600,000 for one of them, was utilized to clean up Golden Eagle Park after some storm events. There are several of the job order contracts that had zero for their approximately seven years' of use. The other big hitter in the JOCs were tied to capital projects, the community center, and playgrounds. But the lion's share of all of those job order contracts that were approved by some of these councilmembers or previous councilmembers averaged 1,000 here, 2,000 there, 5,000, 6,000. A couple of them were closer to 8,000. But all of them in those lower dollar figures were for plumbing and electrical repairs to the facilities that the town owns. It becomes a little bit challenging for someone like myself or the town manager or any other department head to step up here and ask the mayor and council to consider approving a series of contracts with a $250,000 per calendar year for the uses that I just described. It becomes less challenging when we think about what we're here for as a whole. The town manager and all the department directors and all the divisions under there, we are stewards of the people's money. I'm not aware of a single individual at the department or management level that is using any of this money for a want. All of TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 33 of 52 these contracts, when utilized, are absolutely for needs. And those needs are the facilities and infrastructure that belong to the people. It should be noted that as part of this approval, no money will be encumbered for any one of these agreements. When staff has a task, be it a capital project or basic maintenance, or a need in the middle of the night to repair a sewer line, depending on the dollar threshold, we may or may not get the town manager out of bed, or we will wait until the next morning and move on it to take care of that issue. If they become larger than $250,000, we'll obviously have a discussion. But like I said, these are all for general services, and over the last several years, the two largest ones were for storm cleanup and capital projects. All the rest of them were either not utilized for whatever reason, and the remainder of them were plumbing and electrical repairs. With that, I'll certainly do my best to answer any questions that you may have related to this. MAYOR DICKEY: Thank you. Do we have any speaker cards? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Questions for Justin. Councilmember Toth? TOTH: I just want to say, Justin, speaking my language over here with the, These are the the assets of the people. We are stewards of the people's money. And Justin does a wonderful job of prioritizing these projects. I think every time you come up here, you have a wealth of knowledge. You're prepared for any question. I just really appreciate you. But with this project, I am ready to make a motion to approve. MAYOR DICKEY: Thank you. Vice Mayor? VICE MAYOR KALIVIANAKIS: Thank you, Ms. Mayor. I just had a few questions for you, Justin, if you don't mind. It says, again, we're going to be approving, each agreement will be for the amount not to exceed $250,000 per year. Just for clarification, if you look at each of the individual contracts from the subcontractors -- and this might be a question either for the finance guy or the town manager -- but under compensation, under each of the contracts, it says the town shall not pay the vendor an aggregate amount not to exceed $250,000, with the amount not to exceed $125,000 annually -- a TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 34 of 52 12-month period. And I'm just trying to get a figure on, are we approving 125,000 annually, as the contract says, for the general contractors, or are we approving $250,000 per contractor? MR. WELDY: Madam Mayor, and Madam Vice Mayor, if I may? And I did not catch that. The contract that you're looking at, that second number is inaccurate. So I most likely loaded the wrong agreement for an example there. But what we are asking for tonight is 250. Having said that, keep in mind that over the last several months -- and this started last calendar year -- we discussed several different thresholds and dollar amounts, and it's likely that I missed that amount whenever I was loading that document for review. VICE MAYOR KALIVIANAKIS: Okay. So when these contracts go out, they'll be revised, I'm assuming? WELDY: Absolutely. Staff will reread them and -- VICE MAYOR KALIVIANAKIS: Okay. WELDY: -- make sure they're accurate, and then we will send them out for execution. VICE MAYOR KALIVIANAKIS: Oh, okay. Terrific. Then the other thing. I realize that these contracts are for emergency or exigent circumstances; that's why you'd have to get somebody out of bed at night. But I just wanted to confirm that if there are no emergency or exigent circumstances regarding these contracts they will go out to bid, just like any normal contract; is that correct? WELDY: Madam mayor, Councilmember. We will certainly utilize them should we have an emergency or a last-minute repair. However, when a project -- let's just pick a capital project; staff will develop a scope and send that scope to each one of the qualifying vendors -- VICE MAYOR KALIVIANAKIS: Right. WELDY: -- on this list and allow them to provide a price for that. And then the staff, along with procurement and finance, will determine whether or not that is in the best interest of the monies and the project and proceed from there. VICE MAYOR KALIVIANAKIS: Exactly. So just because we're pre-approving these funds TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 35 of 52 doesn't mean that the taxpayers are just going to pay for a no-bid contract. It's still going to follow the procedures? WELDY: Correct. And we're asking for approval of the contract with no funding attached to them. The funding will come, as I described, for each individual project. We'll develop a scope and send that to the qualifying vendors. VICE MAYOR KALIVIANAKIS: Okay. Those are my questions. Thank you. WELDY: You're welcome. MAYOR DICKEY: Thank you. We have a motion and a second. Can we have a roll call, please? MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Thanks, Justin. WELDY: You're welcome. MAYOR DICKEY: Our next item is going to be discussing our pavement management planning. A lot of information here, and we look forward to a good discussion. Thank you. WELDY: Madam Mayor, Councilmembers. We're back tonight to discuss next year, which is, believe it or not, in just a few days now. Over the last several months, town TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 36 of 52 manager and staff have come to the mayor and council, and we have discussed numerous different paving options and presented not only the findings of Roadway Asset Services, but the Citizens Advisory Committee recommendations. We've gone over several different options in regards to funding, but now we're actually up to the selection so we can get ready and be prepared for next year. The first couple of slides here is going to be covering what was approved by the council and undertaken by the staff for the current year. These are the projects that were approved by the mayor and council and undertaken by the staff. You've seen these several times before. This is the last one that was done here, which is the bright green -- Panorama. As you can see from the slide, the approved budget was 5.2 million. Utilizing that budget, we were able to pave 8.98 lane miles. A little caveat there; we also created that same amount of bike lanes without adding any additional width or making any substantial changes to our roadway presence. We spent a total of 4.3 million. There is an unspent fund balance of $900,000. We're going to spend just a little bit of time and discuss that. When staff comes to the mayor and council and asks for contract amendments or for them to select road segments to receive different types of treatment, we are very conservative in our estimates. There's a reason for that. There are a series of unknowns that could impact the final cost. So we always like to have a little leeway in there should we need it. In this particular case, there is a pretty substantial savings, and we were able to accomplish the goals. That's what we try to do every single year. And at least for the past, well, decade, we've managed to accomplish those goals and not spend all of the budget but have that little bit of a buffer zone there should we need it. Are there any questions related to the projects that we've undertaken or the funding for this year before we move in to next year? GOODWIN: Justin, Mayor, if I may? I was going to ask Justin to clarify one piece of what you just shared. One of the questions that we've received was, well, if you have 900,000 that you didn't spend, couldn't we go do an extra road or two, or couldn't we TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 37 of 52 tackle one more thing? Justin, can you clarify and explain why that isn't something we can do? WELDY: Madam Mayor and the manager, each year -- and in fact, already this year, several weeks ago -- we send out the exhibits that you are about to see to all of the utilities and allow them an opportunity to review those locations and determine whether or not they have any capital projects or other associated projects in those areas. After we do pavement treatment, we have a five-year moratorium on going in there and cutting it up unless it's an emergency. We work with the utilities, and if they do have a capital project, we will defer or delay that project one or more years, depending on the size of the project. So while we indeed did have $900,000 left over, we already had selected enough roads to spend the entire budget, and $900,000 wouldn't get us a long ways, but it also leaves that buffer. So we can only technically work on the roads that were selected by the mayor and council, and those locations are shared with the utilities. The last thing we want to do is spend the people's money and get a brand new road, and then have hundreds of feet of trench go down that new road. That answer your question? FRIEDEL: Justin, did you find any surprises on those roads? I mean, was there less work on some of them? Is that why we have an unspent fund balance? Were there any pleasant surprises that you found when you did that road work? WELDY: Madam Mayor, Councilmember, indeed. We discovered that several of the roads that had been slated for full-depth reconstruction -- that's the asphalt and up to eight to ten inches of the subgrade removed and replaced -- we discovered that several of those roads, in fact, only needed the asphalt removed, plus about one inch of the subgrade so we could meet our subdivision standard. Not all of them met that, but I would say right around 60 percent. There were some of them that were a little more challenging; a couple of examples are Panorama. On Panorama, after we stripped away the asphalt and some of the subgrade, we discovered that there were some clay pockets -- expansive soils. So we had the contractor remove a percentage of that and TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 38 of 52 then blend it with other stabilizing materials and put it back. Those things are in our contingency, cost a little bit more money, but we were still able to accomplish the goal. We'll move into the FY '25. So as you can see, there are seven areas within the town that have been selected. The first few slides we are going to look at were selected last year and refined this year by the data collected by Roadway Asset Services, that was tied directly to our pavement assessment. This is area 1, up in the northern part of town. And this is Marathon, and it's important for me to take just a minute here. You'll note that not all of Marathon is shown as green on this. The reason for that is the northwestern section of Marathon is in much better condition. Historically, that's because it was built later, and then after that there was a utility project in there, and any utility project that is 330 feet in length parallel to the curb requires them to then crack fill and slurry seal that area. This is a good location where that has happened in the past, so that road is in pretty good condition because one of the utility companies applied a treatment in-between our typical treatments. This is area 2. Again, we're in the north section of town, in this case closer to the north central. As you can see, this is Scorpion. And then just a little piece of Bumblebee there. You'll also note that the estimated cost for rehabilitation is also on these sheets. We'll get to some totals as we move forward. Area 3; this is where those broken up sections get to be a little more challenging. The staff works as a team to determine whether or not we want to follow the recommendations of Roadway Asset Services, or if we do a visual inspection of some of the areas and perhaps eliminate one short road and add it to one of the longer ones so we can complete a section. We've done some of that for some of these. However, you got to be real careful what you start picking and choosing because it modifies the data, and it creates challenges for the future. As you can see, there are several residential roads on this and a minor collector. Area 4; this is Gunsight. You're going to see Gunsight and a couple of others two times tonight. Please note, this section that is on the west end of Gunsight was repaved as part of a subdivision that was built there when they had to come and extend all the TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 39 of 52 utilities. It's in better condition than the section that's shown in green. This is area 5. Most people are not even aware of some of these. So this is Ridgeway, which runs off of Palisades, and then Winchester, which is a little short section there. Area 6. We are certainly all familiar with this. Trevino is another one of these that is going to show up two times tonight. You will hear from the residents that live on the southeast portion of Trevino that their road is in as worse, if not -- or as bad or worse condition than the areas that we're showing you on the northwest section. Again, this was selected by the software and the data from the information gathered during the assessment. There is a section on the lower part, adjacent to the fast food restaurants and the medical facility that was repaved as part of a fuel spill a few years ago. This is area 7. All of these, collectively, are $4.8 million if we undertake them using the guidelines and the adopted policies, procedures, and plans that we currently have in place. The next ones that we're going to be looking at these sections are result of information received from the residents: numerous calls, emails, texts, right here at this podium to the council members and the staff. Indian Wells, which is the first one there, it's a short section that runs from a part of Saguaro on the south to just north there. Kingstree: This is one of the ones we've discussed numerous times in the past, in which I have stood right here and noted this really needs to be narrowed, because it's a 60-foot wide road, and it needs to have sidewalks and bike lanes and parking lanes added to reduce the overall cost of future construction. But more importantly, it's an excellent form of traffic calming. Palomino. This is one that we've certainly received a considerable amount of phone calls, texts, emails, and people standing right here at this podium. This is Richwood. Richwood has a few local residents, and we understand them. We've been to each of these locations multiple times over the years to do pothole repair. I'm going to stop just briefly. So Richwood is an excellent candidate. It is in such poor condition that it needs to be reconstructed, and it's a little bit expensive to do that. Keep in mind that the public TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 40 of 52 works staff, including the two town engineers, the street superintendent, we went out and did a geotechnical testing, and that's what those red dots are there. That's where we dug down mechanically and examined the subgrade to determine what kind of treatment would be necessary when we were working on these estimates. Here's Trevino, and remember we discussed that they would be showing up. This is one that shows up two times. So this is selected by the Roadway Asset Services data and also from the residents and council. You'll see that in this case, it's the entire thing all the way from Fountain Hills Boulevard to Saguaro. MAYOR DICKEY: Real quick. The Trevino that's on this slide, does that take into account what was on the other one then? So that if they did all of Trevino, it would be the two million? WELDY: Yes, Madam Mayor. MAYOR DICKEY: Okay. WELDY: All of Trevino would be approximately $2 million. MAYOR DICKEY: Okay. MCMAHON: So that would change the balance sheet here? The partial Trevino would go away for 995? WELDY: That is correct. MCMAHON: Okay. Thank you. MR. WELDY: You're welcome. FRIEDEL: I have a question on Trevino. WELDY: Yes, sir. FRIEDEL: Did you do any examination of that road to see how bad it is? WELDY: Yes, we did. FRIEDEL: Okay. WELDY: We went out there and dug some holes, and there are portions of it that are in relatively good condition. There are some other spots that we'll need to examine as we get closer, if it's selected. FRIEDEL: Thank you. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 41 of 52 WELDY: This is El Lago. This runs from La Montana down to Palisades. We've received a number of emails and phone calls related to the section near the war memorial. We do a lot of pothole repair there. It also just happens to be a sump where rainwater and other discharged waters from various sources pool. We worked on it over the years to try and get it to drain as best as possible. This is Gunsight. This is another one of those that appears two different times. All of these total $14.4 million. So what we're here tonight is to get direction on which of these roads the council would like to select. It should be noted that since incorporation, the town has always had a paving plan. For the longest time it was the zone approach -- the town had seven zones, and they spent the money to the best of their ability at that time to address the needs of each of those zones. It took seven years, approximately, to get around. Oftentimes the funding ran short, but the next year they didn't come back and finish zone 1, they just started working on zone 2, and so on. And so oftentimes a single zone might not receive complete treatment ever because they started in the same place every time. As part of that zone approach, staff came to the previous mayor and council and asked them to allocate some funding in 2012, '13, '14 and allow us to stop doing any work for on zone 2 until we could build up some funding. At that time, the mayor and council allocated some additional funding. That was a result of some reduction in staff, vehicle license, and some of the sales tax. The approach was still the zone approach at that time. However, we went in and repaved and completed that zone. Then there was additional discussions regarding either a five- or ten-year policy and plan. We worked considerable amount of time looking at the Stantec Report and then another vendor's report. After having looked at that, then we began to utilize the optimized prioritization process, which takes the amount of funding you have, the type of treatment, and prioritizes it on all of the classifications, primarily starting with arterial and then collectors and local. We have been utilizing that approach for the last several years for a couple of reasons. One, we have clear data and the ability to go out and look at each of these segments TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 42 of 52 and make decisions based on the best pavement management practices. Two, it allows the decision-making to be made by the data and the finances. When we stray away from that and we start handpicking roads, we are setting a precedence. And that's the direction that some, but not all of the residents are going to look for. If we paved one, we're going to need to look at paving another. These are tough decisions, and I'm right there with you, because we'll be out in the field based on your decisions tonight, undertaking these locations. MCMAHON: I have a question about Trevino, again, if you don't mind. On the RAS software selected portion of it for 995, is that the portion near the medical center that you're talking about, the worst part of that street? WELDY: No, ma'am. The worst part of it, based on the Roadway Asset data, is on the western end of it, so not quite half of it. MCMAHON: Okay. Thank you. MAYOR DICKEY: One of the things that we talked about all along has been following this pattern that makes 100 percent of sense to be trying to offset some of these streets before they got to the point where they would need to be completely rebuilt, and we accepted that. But obviously, the some of the input that we get is what about Palomino, Kingstree, and such. So this is why when we talked about a combination of the citizens and the RAS, why we came up with with this. And I guess my original thought, like, let's just take Palomino as an example, which is obviously a big chunk of the five million. It wouldn't be to say, let's do one of these over here on the right and then start picking the ones on the left, because you have criteria for which ones were picked and they were data driven. And obviously, some of those would be removed if we included one of the larger projects. But I think when it comes to those streets, they could be looked at as a staff level, because you talk about how many potholes you've had to -- or how much attention some of these streets have needed, or some of them are, you know, 38s or so they're the lowest -- or some of them there's been more insurance claims about -- or what's the traffic count? So part of my decision-making or trying to make a decision, is to see if there is a way to say, okay, let's TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 43 of 52 do Palomino. That leaves whatever it would end up leaving if we put that out for a bid. Then, not us going in and picking these other streets on the left but continuing for that to be still part of the program, for lack of a better word. Obviously, some of them would drop off. But I think what you probably need from us would be, okay, we obviously can do everything on the left, which is the plan, but we also know the frustration of folks who travel on some of these streets that have more people on them. They're not neighborhood streets. And can we possibly handle one of those? And then in the back of my mind, maybe this is rose-colored glasses, but you were able to save and if you started on Palomino, and maybe not every bit of it is going to have to be rebuilt. Or maybe we are going to concentrate on the driving portion, and then the other side, we can do the -- like we do with El Lago, which ended up not being as much as we thought it was going to be. And then to finish the thought, taking some funding from some other areas, contingency, or maybe a project or something else where I feel like we could come up with some more funding to help with what we might end up having to drop off of that left side. So those are just my initial thoughts. I don't know which -- I mean, obviously if we did Trevino and Gunsight, you're immediately saving 1.7 million on that side, which is kind of awesome. But is that what everybody's thinking? So I just wanted to kind of start the discussion. Councilman? Councilwoman. MCMAHON: Thank you very much. I know that this is really a difficult subject and a difficult decision, I mean, just looking at the math and the numbers and looking at the sheet. If we do follow the data, the science, and the budget as selected, then it looks like the $4.8 million, we get more bang for our buck in the sense that we cover a lot more streets, a lot more repair that affect the whole town. Also these streets on the data selection, they have the poorest rating. They -- the streets on the public selected look like their ratings are a little bit higher as far as the PCI ratings. So I think that we can't forget that, and we need to take that into the equation if we're going to change anything from the software data driven. I mean, that's what the Streets Committee was formed for. That's why we spent all this money being data driven so that it can provide TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 44 of 52 direction and optimize our budget funds. So I'm a little bit reluctant to change it, but I'd like to hear more discussion on it. Thank you. MAYOR DICKEY: Councilwoman? TOTH: Hi. So I agree; I would like to lean on the data that we were provided. I am excited to see that a couple of those streets do match up with what we've heard from the public. Obviously, Palomino needs a lot of work, but that's taking out a significant chunk of this year's budget. I would think maybe for Kingstree, considering that you recommend that that be narrowed and have sidewalks, would it be realistic to look at that as a capital project for fiscal year 20 -- I almost said '26 -- '26. MR. WELDY: Madam Mayor, Councilmember, absolutely. We can certainly put it in the capital projects. And it's going to take, obviously, a little while of planning, but if that's the direction of the mayor and council, we can certainly look at that location for that use. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. And just to just to clarify, Rachael, tonight we're not actually voting on any particular streets being repaired, just how to go forward; is that correct? GOODWIN: The hope is that we get direction tonight on which streets we want to do as part of the FY '25. Because as Justin mentioned earlier, as soon as we get that final decision, we'll be sending out notices to all of the different utilities and whatnot. And they need, let's say, a six-month window to do any repairs or any projects they're going to do and get back to us. And then we begin mobilizing, let's say, December time frame. So it is in our best interest to make a decision so that we can begin moving forward on next year's progress. VICE MAYOR KALIVIANAKIS: Okay. Because when I was preparing for this agenda item I was thinking in terms of the process by which we go forward to make these determinations, whether we were going to listen to the RAS report, which is kind of the computer, the brain, telling us humans how we should be acting; is it driven by the constituents and the people that live there and their input like here, the council, public TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 45 of 52 streets? And so what I was hoping that we could arrive at tonight was a process by which we could use to be all inclusive. If you look at the Streets Committee, that they would like to do a fix-it-all approach, which that's what we would all like to do. But if we don't get that 50 million, if we don't get that bond, then we have to, like everybody acknowledged here tonight, these are some pretty tough decisions that people are going to take very personally. And so I kind of did a flow chart. That would be my thought process. And I think the first thing I think we do take the RAS report into account. Those are the prioritized roads that we know are problematic. But I think the second thing we do is we get the citizen input, which I think we've been doing to determine what are their highest priority roads. And so we kind of merge the machine with the human element. And that's when we rely on staff next. So then the staff would take the RAS report, the public input, and then they would merge that with the actual usage and what roads are more used than not; safety concerns, which roads are unsafe by design, or we are getting a lot of insurance claims or a lot of complaints about accidents or something because of big potholes or whatever, check insurance claims, that sort of thing. After we we take that into account, then I think we consult with the Streets Committee and say, this is kind of our rough draft of the streets that we are looking to get repaired. That would be the number 4 in my flow chart. The 5th would be -- that would be coming down back to the Public Works Department. Why you get paid the big money, and you're the expert, to take all those considerations and then analyze them with the town manager, go in the field, which obviously you've done because you've done all the poking in the holes and stuff. And then and then you make it a determination of based on the reports, based on this, based on safety, you give us recommendations. I think that's the best way to do it. If the recommendations come from council, then it might be looked at as tainted, like, well, it might be your neighbor or your friend, and you're just trying to get other people's roads fixed. I don't want it to have a political element. And I think if it does TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 46 of 52 come from councilmembers, there's a chance that it could be political or at least perceived as political. And then based on that, then you have your recommendations, we proceed. So that would be my way to do it, even though I know I'm not picking roads tonight and what to fix. But I think going forward, these are all considerations that we need to make. So we're mindful of the money we spent in the road report, but also of our constituents concerns, safety concerns, and of course how much traffic is on these roads. You know, we should be fixing the ones with the most traffic first. And so anyway, that's my two cents. WELDY: Madam Mayor and Madam Vice Mayor, in regards to the public input, we have weeded through that considerably. And what we have tonight is a very, very small percentage. There is a lot more out there, but we had to kind of make some tough decisions behind the scenes based on the information we received, their capacity, and the number of texts and emails. So if we go back to the public, that list is going to grow substantially. On the right. VICE MAYOR KALIVIANAKIS: Yeah, I can appreciate that. One of the roads. Yesterday actually got in my car, and I drove most of these roads. And the one I'm confused about is Kingstree. I know it's very wide, and I know there's no bike lanes, but it seems like a pretty adequate road. There's very few potholes, very few cracks. Just in your expert -- why is Kingstree making this list? WELDY: It falls into the 38.5 PCI range. So it's the pavement condition index puts it very near the bottom in regards to condition. And it's oftentimes difficult to come to that conclusion when you're driving on it, because we have to take the entire length of the road into consideration and then average those. And it's one of the older roads, if you would, in the town. So it's in relatively poor condition in regards to the standards that are adopted. VICE MAYOR KALIVIANAKIS: Right. And then, you'd spoken about Richmond, which is obviously north on Boulder. And I looked at all those roads, too, and actually talked to some of the homeowners. And some of the roads that are in green, the cul de sacs and TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 47 of 52 stuff, and I said it's going to be 280,000 or 180,000 to fix the road in front of your house, if it will be worth it. And they're like, no, but if you want to fix Richmond, fix Richmond, which is on your list. And then Dixie Mine, they complained about it. The hill at Dixie mine, I didn't have a chance to drive there. But anyways, I'm just saying that -- again, some of the RAS reported streets that needed repairs, the neighborhood residents didn't seem to think they were in bad shape. But again, maybe the experts know based on preventing future damage and preventative maintenance. But anyway, that's just kind of what I discovered yesterday in looking at the roads. And Kingstree is still a mystery to me. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor, Director. I actually think it's wise to take somewhat of a blended approach. I love the data analysis; we can actually compare the PCI numbers, the ratings. That's very helpful. It's a great tool. But I also look at we are accountable to the people. And I'd like to give them something. And frankly, when I look at this, I see there's a couple of the public supported streets that have very low PCI, which are effectively tied with some of the others that are on the RAS list. And I do notice that one of them is one of the least expensive. I also do recall at the end of the last fiscal year, I don't want to say we had leftover funds, but we did spend a little less than what we had originally thought. And I kind of wonder if we challenge staff to do more with less about adding something like Indian Wells in there. It's one of the least expensive. It's tied for the one of the lowest PCIs. I think that would be an appropriate one to add in addition to the RAS streets. So I would actually be even willing to make a motion to do the RAS streets, plus Indian Wells. I think that would be a good start for the next year and effectively asking staff, let's see if we can do more with less. TOTH: I am interested in that, but I have a question. How much do we have to spend? WELDY: Madam Mayor, Councilmember, we have $5 million budgeted. TOTH: Okay. So we have .2 -- well, 200,000 in flexibility. Indian Wells is 588,000. I'm tempted to do that. But I do agree with your earlier feedback that maybe the if we TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 48 of 52 were to pick and choose a couple out of that, we'd end up with a small little street over here that needs help, and all the ones around it look brand new. And the people on that street -- I mean, if I lived on that street, I wouldn't be too thrilled watching all of my neighbors get nice new roads. But I understand where it's coming from, and I do like the idea. I do think that at least we have Trevino and Gunsight on there. Those are two that I've had a lot of people call me about, as well as Palomino. I think it's unfortunate that Palomino is going to be a very expensive project. I do want to kind of give -- I don't know if we're ending the conversation yet but ending the conversation on a positive note. That list on the left is 9.75 lane miles; is that correct? WELDY: Yes, ma'am. TOTH: That's a fantastic amount of space that we're able to fix in a single year. And I think that it's exciting to see that the data does match up to what the public is saying. I think some of these other roads can absolutely be on our radar for next year. I would really love to see Palomino done. That might take a miracle, but I know that a lot of people have been talking about it. Anyway, I'll quit rambling. MAYOR DICKEY: Councilwoman? MCMAHON: Thank you. Oh, my God, I forgot what I was going to say. I like the data- driven side of it because this is just estimates, correct? I mean, the four million, eight, it's -- given that it's estimates, it's bound that you hit the five million, easy. And in addition, given the status of these streets with the PCI, it's going to be even -- if we ignore any of those, it's going to even be even more expensive later on to fix these streets. I mean, I do believe, and I appreciate our constituents' input, but I also think that that is taken into consideration. And I know based upon our conversations that you've gone through, and staff have gone through a huge amount of data about that, which is what you have listed on the side. But to me, the fact of the matter is, is we can't afford to spend four million on King Street and Palomino and ignore the other streets. Because if we do that, then we've got a $4.8 million problem on the left. That's probably going to be 6.8 million if we wait a year or two years on these streets. So I prefer the data driven and I -- and then if we TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 49 of 52 don't use all of those funds, like, for example, there's 900,000 that you didn't use that we pick a street on the right-hand side that, okay, if we have enough left over and we can find possibly additional funds in the budget, then we select like Indian Wells or another street over there as a priority, but always keeping in mind that depending upon how this works out in reality, always keeping in mind the streets on the right, and if we have an opportunity to fix any portion of those with excess funds, then we do that. That's my suggestion. FRIEDEL: I also like the data driven. It's factual. It's there in black and white. But my question is, if we do any other addition to that rather than Indian Wells, could we consider -- this council consider doing the road down by the memorial? That's our namesake park. I mean, everybody that goes there sees that area, and that's in such rough shape. Is it possible to do a partial work down that area? You've got some parcels in here now. I think it would add a lot to getting that cleaned up down there. MR. WELDY: Madam Mayor and Councilmember, we can certainly reduce the amount of work done on El Lago and concentrate on the portion between Saguaro and Panorama, if that's the direction. MAYOR DICKEY: So we could basically -- so El Lago is 1.53 on that side. But if we just did that one part -- because we really have heard a lot about that. Kingstree, like you're saying, it's not that much, and that one's only a 42 -- I mean Indian Wells. But in fact, Kingstree also has sections that are down to 42. And then there's even a 34 here. So we would continue with everything that's on the left and -- on the left side of the chart. And then I think that it feels like we would agree that we would be able to do the Indian Wells and then the part of El Lago kind of based on, like I said before, the fact that we did find some streets that didn't need quite as much. Obviously, it's all going to come down to what the bids actually come back as. At this point we have a motion, but not a second for the RAS software selected streets, plus Indian Wells. And we don't have a second yet, but if we got one, we could have an amendment for El Lago. TOTH: I'll second that. And then I'll ask Councilman Skillicorn if he's willing to make the amendment for the portion of El Lago by the Veterans Memorial. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 50 of 52 MAYOR DICKEY: Well, don't amend your own thing, probably, but give her permission. SKILLICORN: Well, Madam Mayor, Councilwoman, and Councilman, I had the exact same thought of amending it to the eastern end of El Lago. I think that'd be fabulous. MAYOR DICKEY: So we'll consider Hannah amending it? TOTH: Yes. MAYOR DICKEY: Okay. To include that. Is there a second for that amendment? FRIEDEL: Second. MAYOR DICKEY: Okay. So what's on -- we have an amendment to include -- sorry. The portion of El Lago, which I think we all know what we're talking about. And then we can approve the motion as amended, correct? I'm looking at you. QUIST: That's correct. That's correct, Mayor. WELDY: Madam Mayor, if I may? One more little difficult decision. MAYOR DICKEY: No, no, no. MCMAHON: No. WELDY: We have X amount of funds that we believe we've conservatively estimated the Roadway Asset Services amount of the treatment. We're selecting two other segments. I need you to prioritize those segments. If you have funding left over start on? MAYOR DICKEY: El Lago. FRIEDEL: El Lago. MAYOR DICKEY: If we have funding left over, start on El Lago, but we know we're going to do them all. And then Indian Wells. And yeah, so we have a motion and a second and we're probably ready to vote. But I do want to point out that this one-pager here is about $20 million worth of work that needs to be done. And it's kind of a really stark illustration of what we've been trying to do here for many, many years. And it's still the dilemma. It's not really picking one over the other because the Citizens Committee didn't expect us to make a change this year. This is something that we're trying to do, because we're trying to listen and get a few more things done. It doesn't really change the recommendations or the need. So if everyone's ready, we could have a roll call. TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 51 of 52 MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? MEMBER FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Kalivianakis? VICE MAYOR KALIVIANAKIS: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you all. Thank you very much. Our next item is our usual legislative bulletin. We know that they adjourned sine die on Saturday at around 10 o'clock; $16 billion budget, they, by lowering it to that, they eliminated a $1.8 billion deficit across two years. It wasn't unanimous by any stretch of the imagination. There were a few things that we got a legislative update today. Take a look at that, because it points out some of the things that are related to cities and towns. And this last thing is about a bill which was a sober living home bill 1361, which the League was very much in favor of, and had passed out of the House 52 to 6, but for some reason was never scheduled in the Senate. So it's very disappointing because it paralleled a lot of what we did here. And assuming that our ordinance is still going to be okay, we didn't do ours pending theirs being able to be a legal thing. But it was -- it's disappointing because it really did give us a lot of choices there. It gave DHS some powers over there that they don't have now. Sir, did you have something? SKILLICORN: Yes, Madam Mayor. Some of the budget was -- money was freed up to fund streets, and some of those were capital projects that were budgeted last year as TOWN OF FOUNTAIN HILLS JUNE 18, 2024 TOWN COUNCIL REGULAR MEETING Page 52 of 52 the special incentives. There is a very large special incentive that Fountain Hills, or specifically the Dark Sky Center, received last year. I have not heard any confirmation if that's included in the sweep or not. That's something that -- like, no one answered to. Obviously, we may not have an answer now, but that's something we want to keep our ear to the ground on. MAYOR DICKEY: Yeah, I did read that. And I did not see that. But we can certainly confirm that. Just be a little tiny item, right? Okay. So any further discussion on that? Any council discussion direction to Rachael? MCMAHON: Have a nice summer. MAYOR DICKEY: Yeah. We direct you to have a nice summer. Safe and happy summer. Future agenda. Well, we're not meeting until the 19th of August. Yes, sir. SKILLICORN: There's something that -- a constituent mentioned something about -- it was part of the pending zoning, P&Z code, and it's something that I can get some details over the summer with. But it was specific to the 28-18 on that particular part of our ordinance or law there. But I can get some details as we go forth this summer. MAYOR DICKEY: Sounds good. Thanks. All right. Then again, have a very happy summer and be safe and stay cool and drink water and all that stuff. And we are adjourned.