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HomeMy WebLinkAboutAGENDApacket__03-07-23_1207_443       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Peggy McMahon Councilmember Sharron Grzybowski Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, MARCH 7, 2023 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.   Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting  https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These comments will be shared with the Town Council.      NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.INVOCATION     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION: Republic Services Non-Profit Grant Award Program.    B.PRESENTATION: Unveiling of New Tourism Video Produced by DayLite Films.    6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of January 17, 2023.   Town Council Regular Meeting of March 7, 2023 2     B.CONSIDERATION AND POSSIBLE ACTION: Approve a Special Event Liquor License application for the Dark Sky Association for a  beer and wine garden in conjunction with the Dark Sky Festival on March 25, 2023.     C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-04, abandoning the 10' Public Utility and Drainage Easement along the south side of 15815 E Thistle Drive (Application A23-000003).     D.CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to the Professional Services Agreement 2022-034 with Elite Civil Construction, LLC, for Guardrail Repair and Maintenance     8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-070 with Top Leaf Tree Services, LLC for Professional tree services.     B.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: A Special Use Permit for the construction of golf ball fences on property located at 15816 E. Brittlebush Lane.     C.CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.     9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.     10.ADJOURNMENT       CERTIFICATE OF POSTING OF NOTICE The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated this ______ day of ____________________, 2023. _____________________________________________  Linda G. Mendenhall, MMC, Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) Town Council Regular Meeting of March 7, 2023 3   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. Town Council Regular Meeting of March 7, 2023 4   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations                   Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Republic Services Non-Profit Grant Award Program. Staff Summary (Background) The Town of Fountain Hills and Republic Services have worked in close partnership for a number of years to provide grant funding to support Fountain Hills-based nonprofit organizations. The grant program funds projects/programs that encourage stewardship of the environment, enhance the natural beauty of the town, provide public enjoyment, support healthy lifestyles and human services, and provide educational opportunities.  A total of 16 grant applications were received and reviewed by a five-member grant panel. Based on the following criteria: • Community Impact: The overall impact of the project/program and how it enriches the community at-large. • Human/Environmental Impact: The overall impact of the project/program and how it addresses human and environmental challenges and/or opportunities. • Educational Impact: The overall impact to educate and inform the Fountain Hills community on the new or expanded program/project. Two non-profit organizations, Boys and Girls Club and Fountain Hills Youth Substance Abuse Coalition, will each be awarded $5,000 during the March 7 Town Council meeting. The Town of Fountain Hills greatly appreciates the partnership with Republic Services in providing grants to our community-based organizations.  Form Review Inbox Reviewed By Date Finance Director David Pock 02/15/2023 08:46 AM Town Attorney Aaron D. Arnson 02/15/2023 09:08 AM Town Manager Grady E. Miller 02/15/2023 03:48 PM Form Started By: Amanda Jacobs Started On: 02/15/2023 07:21 AM Final Approval Date: 02/15/2023  ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations                   Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Unveiling of New Tourism Video Produced by DayLite Films. Staff Summary (Background) During the March 7 Town Council meeting, staff will be unveiling the new tourism video produced by local business owner Andrew Day of Daylite Films. The video was funded through Arizona Office of Tourism (AOT) Prop 302 grant funds and will be promoted on social media channels and the newly designed Experience Fountain Hills website. Form Review Inbox Reviewed By Date Finance Director David Pock 02/02/2023 04:25 PM Town Attorney Aaron D. Arnson 02/03/2023 04:55 AM Town Manager Grady E. Miller 02/06/2023 04:00 PM Form Started By: Amanda Jacobs Started On: 02/02/2023 03:33 PM Final Approval Date: 02/06/2023  ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of January 17, 2023. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained as permanent records in compliance with state law. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the minutes of the Regular Meeting of January 17, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of January 17, 2023, as presented. Attachments Summary Minutes  Verbatim Transcript  Form Review Form Started By: Linda Mendenhall Started On: 03/01/2023 11:32 AM Final Approval Date: 03/01/2023  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL January 17, 2023 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on January 17, 2023, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. 2. INVOCATION Pastor Clayton Wilfer from the Joy Christian Community Church offered the invocation. 3. ROLL CALL Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Members Absent: None Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately 103 members of the public were present. 4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER A. RECOGNITION: Stellar Students of the Month for December and January Mayor Dickey recognized the following students who were in attendance for their achievements December 2022 Stellar Students: Cheri Lane McDowell Mountain Elementary School Leo Lane McDowell Mountain Elementary School London Becker Fountain Hills Middle School Cason Pitz Fountain Hills Middle School Rylee Holmes Fountain Hills High School Matt Minero Fountain Hills High School January 2023 Stellar Students: Micah Drought McDowell Mountain Elementary School Braxton Spears McDowell Mountain Elementary School Brooklyn Branson Fountain Hills Middle School Carter Richmond Fountain Hills Middle School Christian Daniels Fountain Hills High School B. RECOGNITION: Outgoing Board and Commission member Nicholas Stumpf, for his service on the Sister Cities Advisory Commission Mayor Dickey recognized Nicholas Stumpf for his service on the Sister Cities Advisory Commission and presented him with a certificate of appreciation. 5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS A. Presentation: Monthly Report by Captain Kratzer of the Maricopa County Sheriff’s Office. Captain Kratzer of the Maricopa County Sheriff’s Office provided an update on law enforcement services and answered the council’s questions. B. PUBLIC APPEARANCE: Eugene Mikolajczyk will speak to the Council regarding the Town Sign Ordinance recently repealed at the January 3, 2023, Town Council meeting. This Item was removed from the agenda and not presented. C. PRESENTATION: Update from Presiding/CEO Chris Camacho of Greater Phoenix Economic Council (GPEC). Chris Camacho Presiding/CEO of GPEC presented the two specific long-range goals for GPEC and answered councils’ questions. 6. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. The following residents addressed the council under the Call to the Public. Written Statement Michael (no last name provided) The following residents addressed the council: State Senator John Kavanagh Lyle Edwards Crystal Cavanaugh Barry Wolborsky Liz Gildersleeve Lori Troller Gene Slechta Glenn Gruner Ashley Earle Ed Stizza 7. CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. MOVED BY Vice Mayor Peggy McMahon to approve the Consent Agenda, SECONDED BY Councilmember Sharron Grzybowski. Vote: 7 – 0 passed – Unanimously Councilmember Friedel Aye Councilmember Grzybowski Aye Councilmember Kalivianakis Aye Councilmember Toth Aye Councilmember Skillicorn Aye Vice Mayor McMahon Aye Mayor Dickey Aye A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of December 6, 2022. B. CONSIDERATION AND POSSIBLE ACTION: Approval of a Special Event Liquor License application for the Fountain Hills Veteran’s Memorial, Inc. for a beer garden in conjunction with Irish Fountain Festival on March 11, 2023. C. CONSIDERATION OF ADOPTING RESOLUTION 2023-02, an Intergovernmental Agreement with Fort McDowell Yavapai Nation for the acceptance of Proposition 202 Grant Funding. 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE DIRECTION: Town Council will consider a request to appoint members of the Town Council to various regional and local boards and committees. The item was for discussion and direction, no action was taken. B. PUBLIC HEARING AND CONSIDERATION OF Resolution 2023-01 adopting the addition of the Short-Term/Vacation Rental Annual Registration Fee to the Town’s FY 2022-23 Comprehensive User Fee Schedule. Mayor Dickey opened the public hearing, having no comments from the public closed the public hearing. Written Statement Debbie J. Elder MOVED BY Vice Mayor Peggy McMahon to adopt Resolution 2023-01, SECONDED BY Councilmember Gerry Friedel. Vote: 7 – 0 passed – Unanimously Councilmember Friedel Aye Councilmember Grzybowski Aye Councilmember Kalivianakis Aye Councilmember Toth Aye Councilmember Skillicorn Aye Vice Mayor McMahon Aye Mayor Dickey Aye C. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: A Special Use Permit for the construction of golf ball fences on property located at 15816 E. Brittlebush Lane. Mayor Dickey opened the Public Hearing; the following residents addressed the council. Rick Kennamer Kenneth Gibbs Jim Johnson Carissa Johnson Elaine Dowling Ed Stizza Barry Wolborsky Council did not recommend action on this item. Clerk’s Note: The Council recessed at 8:23 p.m. and reconvened at 8:34 p.m. D. CONSIDERATION AND POSSIBLE ACTION: Termination of agreement with the Lunsford Group for government relations services. Mayor Dickey opened the item for public comment. The following residents provided a written statement. Cindy Couture against Lisa Miller against Glee Sexson against Fred James against Peggy Yeargain against Sherri James against David Long against Christine McGinn in favor Liz Gildersleeve in favor Debbie J. Elder in favor Gina Waldo, in favor The following resident addressed the council: Dianne Price MOVED BY Councilmember Allen Skillicorn to terminate the agreement between the Town of Fountain Hills and the Lunsford Group, SECONDED BY Councilmember Hannah Toth. Vote: passed 4 – 3 Councilmember Friedel Aye Councilmember Grzybowski Nay Councilmember Kalivianakis Aye Councilmember Toth Aye Councilmember Skillicorn Aye Vice Mayor McMahon Nay Mayor Dickey Nay E. CONSIDERATION, AND POSSIBLE ACTION: Authorizing staff to apply for grant funding through the FEMA Building Resilient Infrastructure and Communities (BRIC) Program. MOVED BY Councilmember Hannah Toth to authorize staff to continue the FEMA BRIC grant application process for the noted projects, SECONDED BY Councilmember Allen Skillicorn. Vote: 7 – 0 passed – Unanimously Councilmember Friedel Aye Councilmember Grzybowski Aye Councilmember Kalivianakis Aye Councilmember Toth Aye Councilmember Skillicorn Aye Vice Mayor McMahon Aye Mayor Dickey Aye F. CONSIDERATION AND POSSIBLE ACTION: Approval or direction of the proposed Fountain Hills Community Brand and Logo. Mayor Dickey opened the agenda item up for public comment. The following resident provided a written statement. Liz Gildersleeve The following resident addressed the council. Ed Stizza The Consensus of the Town Council is for Option A as the new Fountain Hills logo. G. CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the General Fund and Capital Project Fund. MOVED BY Councilmember Allen Skillicorn moved to approve the budget transfers without the $30,000 for storage containers, SECONDED BY Councilmember Hannah Toth. Vote: 4 – 3 - Passed Councilmember Friedel Aye Councilmember Grzybowski Nay Councilmember Kalivianakis abstained Councilmember Toth Aye Councilmember Skillicorn Aye Vice Mayor McMahon Nay Mayor Dickey Nay H. CONSIDERATION AND POSSIBLE ACTION: Approving the re-authorization of Capital Improvement Project T5005 for the design of a traffic signal at the intersection of Palisades Boulevard and Eagle Ridge and Palomino Drives for the current year. In the essence of time, Mayor Dickey moved this item to the February 7, 2023, Town Council Meeting. I. CONSIDERATION AND POSSIBLE ACTION: Adopting an Administrative Policy for Invocations at Town Council Meetings. Mayor Dickey opened the item up for public comment. The following residents addressed the council. The following residents provided a written statement: Linda Fraser Against Invocation Lisa Miller Against Invocation Cindy Couture, Against Invocation Nicolee Ober, Against Invocation Peggy Yeargain, Against Invocation Cynthia Kingman, Against Invocation Gene Slechta, In Favor of Invocation Liz Gildersleeve, In Favor of a Policy The following resident addressed the council: Faryl Palles MOVED BY Councilmember Brenda J. Kalivianakis to postpone, SECONDED BY Councilmember Allen Skillicorn. Vote: 4 – 3 Passed Councilmember Friedel Aye Councilmember Grzybowski Nay Councilmember Kalivianakis Aye Councilmember Toth Aye Councilmember Skillicorn Aye Vice Mayor McMahon Nay Mayor Dickey Nay 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council. 10. ADJOURNMENT Having no further business, Mayor Ginny Dickey adjourned the Regular meeting of the Fountain Hills Town Council held on January 17, 2023, at 10:34 p.m. TOWN OF FOUNTAIN HILLS _________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 17th day of January 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th Day of March 2023. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 1 of 124 Post-Production File Town of Fountain Hills Town Council Meeting Minutes January 17, 2023 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 2 of 124 MAYOR DICKEY: Good evening, everyone. Welcome to our meeting. Sorry we ran a little bit late on our meeting, but we'll get started. To those who care to join, please stand for the pledge and remain standing for the invocation. ALL: I pledge allegiance to the flag, and to 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. Pastor Wilfer? Hi. PASTOR: Good evening. I'm Clayton Wilfer from JOY Christian Community Church, the pastor of JOY Church. Dear Heavenly Father, holy and sovereign God, from You comes all wisdom and truth. We pray that You guide all of our leaders of Fountain Hills. These leaders are tasked with the responsibility for caring for all in this community. We know that oftentimes it is a hard, difficult and trying task, balancing all of the needs and voices of those whom they serve. Therefore, we pray that they are guided above all things by Your wisdom and Your truth, and that You grant them clarity, patience, and tender hearts. And we pray for the community, that as each speaks the truth, it is done in love and kindness. In all of this, we seek and ask for Your holy guidance and blessing. In Jesus' name we pray, amen. ALL: Amen. MAYOR DICKEY: Thank you. Roll call, please? MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor McMahon? MCMAHON: Here. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Present. TOWN OF FOUNTAIN HILLS Page 3 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 3 of 124 MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. DICKEY: Thank you. Before we get started, just under scheduled public appearances, 5B will not be presented tonight, pending other follow-up. We'll start with our usual activities. We'll start with the Town Manager and the council. MILLER: Thank you, Mayor. I have no reports tonight. Thank you. TOTH: Thank you, Mayor. I attended the service for Mr. L. Alan Cruikshank and it was a really beautiful way to celebrate the life of someone who was influential in our community. I think I see a lot of people in the crowd that were there as well. I also attended the Fountain Hills Boys and Girls basketball games yesterday. Great wins for both teams. Please go check them out. They need your support and the Boys JV and Varsity are both undefeated, so -- GRZYBOWSKI: I attended last week the Economic Development Strategy Workshop with Commission members and business owners. That went really well, thanks to Amanda for putting that on. I see the construction for the Fountain of Light in front of Town Hall has finally started. That's kind of exciting. And I wanted to make sure that everybody knew and today is the perfect day to talk about it. The Mayor's Youth Council is hosting their team takeover in the Community Center on Saturday, February 11th, for ages 13 to 18. Some of you may be a little too young for it, but some of you may not be. So look that up on the Community Center website if you're interested. FRIEDEL: Thanks, Mayor. TOWN OF FOUNTAIN HILLS Page 4 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 4 of 124 I had the privilege of attending the EVIT lunch last week. They had a lot of elected officials down there. If you haven't been down for a tour of their facility, it's quite remarkable what they're doing down there. We had a satellite here at one time. So we'll always look for that opportunity to have them come back. I also attended, like Sharron did, the Economic Development Summit and Amanda, I want to give you kudos. It was a great job and I think we got some great conversation out of that, so thank you. KALIVIANAKIS: Thank you. I also attended the celebration of life service for Alan Cruikshank. It was a beautiful service. It was joyous, to celebrate the life of somebody so great and somebody that made such an impact on our community. It was beautiful and I was honored to attend. I also joined with Hannah, with the Mayor and with Gerry to the EVIT elected officials luncheon, where the culinary students prepared us a delicious lunch. We had the tour of the kitchen. That's -- if you don't know about EVIT, it's for 10th, 11th, 12th grade, to give them a study of trades and to give them good, useful careers as tradesmen, instead of taking the traditional college degree. And so it was great. They're doing great work there and we're going to go back and revisit the entire facility. Thank you. SKILLICORN: Thank you very much, Madam Mayor. Again, I'm going to echo what the other councilmember mentioned about the Fountain of Light sculpture. It's long delayed, but it's finally started. That's great to see. One thing that I'm concerned about and I did bring up with the Town Manager, it seems like every single week there's a new homeless encampment in town. So I have started talking to the Town Manager about that, about adding to our new parking regulations some sort of a ban on overnight urban camping. And I noticed that there's an RV that's sitting at Saguaro and Shea Boulevard right now. It's been there for over a week now and that's really troubling to see such blight coming to our town. We need to do something about that. The next thing is, is I actually brought up as an agenda item for this meeting to ban TikTok on any town-owned devices and it sounds like after bringing it up to the TOWN OF FOUNTAIN HILLS Page 5 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 5 of 124 Town Manager, he's going to talk about this a little bit. We are able to actually do something like do it internally, administratively. You want to share a little bit, Town Manager? MILLER: Yeah. The councilmember is correct. Councilmember Skillicorn brought to my attention the fact that TikTok as a social media platform really creates a lot of security and privacy issues. I was familiar with this. I'd seen Congress -- a bipartisan support, actually -- pass a bill that requested and directed the administration not to allow TikTok on any of the personal computers and mobile devices. And doing my own research on this, I learned a little bit more about TikTok, because I'm not a social media platform person. I did find that there were about 12 other states that have either done this either through the legislature or the governor's office and there were some high-profile cities around the country that have done the same thing. So I am doing a directive, actually, that is doing the same thing, which would be mandating that TikTok is not going to be an allowed social medial platform that the town employees either have on their desktop computers or their mobile devices that are provided by the town. And I appreciate Councilmember Skillicorn bringing this to my attention. It's something that I have the ability to do within my authority as the Town Manager, but I do appreciate him bringing this to my attention and I probably would not have done this unless I heard more information, you know, as this is starting to pick up around the country. So thank you. SKILLICORN: Yeah. And the last thing was, back about six months ago we passed a budge and included in that budget was hundreds of thousands of dollars for a roundabout study and things like that. MAYOR DICKEY: Excuse me. Attorney, this is our time to do reports of our activities. I think these items, both of these are probably for the end of the agenda where we do our future agendas or go the order because this is our reporting on our activities that we have attended for the last two weeks. Well, I don't think we should be talking about non-agenda items. ARNSON: Well, I guess with respect to this item, I'm not sure exactly what this -- what TOWN OF FOUNTAIN HILLS Page 6 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 6 of 124 it is, sorry. I'm not exactly sure what the item is that Councilmember Skillicorn is addressing. MAYOR DICKEY: I just think this is related to the end of the agenda when we talk about future agenda items -- SKILLICORN: Oh, that isn't the case. But that's fine. MAYOR DICKEY: -- the -- this is activities. It was very busy, busy January. Of course, MLK Day was yesterday. It would've been his 94th birthday. Councilwoman Kalivianakis had suggested when we were at the EVIT lunch that possibly we could talk about having some kind of an event next year and I noticed that the East Valley does have a good activity with Mayor Giles in Mesa, so maybe we can become a part of that. So I look forward to working on that. The 5th was a big day. We attended the state capital oath of office for all of our state leaders, met with several mayors after that, and then we had the Garden International Dark Sky sort of ribbon cutting. It's kind of a groundbreaking move to make room for the Discovery Center and we had a double ribbon cutting at that day. I did have the privilege of speaking at the memorial for Alan Cruikshank. It was heartwarming to see so many of our community people gathered together to honor his accomplishments and his family and his life. I met with some realtors. It was a great interaction. We had our Fountain Hills Cares planning meeting and we're welcome Brenda to that committee to join us and are happy to -- for our next event will be April 20th, yes, 4/20. I forgot. I attended the Chamber Board Retreat. We talked a little bit about some upcoming projects to help the downtown area, the roundabout, the overlook and such. It was my honor to administer the oath of office for the school board elections, members Acker, Reid, and Settle. I'm grateful for -- always grateful for the opportunity to do that. I was on the school board for eight years here and I look forward to us continuing to work with them, meeting with the superintendent, as they are a very important part of our town. We did go to the summit. That was great. And the EVIT lunch, which of course Fountain Hills School District is a member district and they had, again, excellent campus TOWN OF FOUNTAIN HILLS Page 7 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 7 of 124 programs and options for our students. So like was said here, if you haven't had the opportunity to check it out, it's a wonderful place. Our first item is the Stellar Students of the Month, but we have them for two months this time, so hopefully most of you all could come. I'm going to start with December and we always start with McDowell Mountain first. So what we do is we read your name. I read what your teachers and administrator said about you. You come on up. Angela (ph.) over there, she'll give you your certificate. We'll gather here in front and take a picture when we're all done. But like I said, we got two months to do today. So we'll start with Cheri Lane from McDowell Mountain. Is Cheri here? All right. Cheri Lane is a student who makes your day better because she is present. Cheri is a Stellar Student for always being the one to reach out to a friend in need and make them feel better or help them when they're having trouble understanding something. Cheri's smile is contagious. She's a wonderful example of what doing your best, being responsible and being respectful looks like. So congratulations to Cheri. Now, we don't want to leave her up there alone for too long. So is Leo Lane here? Oh, there you are. Leo Lane is a perfect example of a Stellar Student. He is most kind and polite. A Falcon with a smile that warms your heart. He is always alert and attentive to instruction and shows great respect and responsibility in his class. Leo is so kind and helps any friend who is struggling in his class. Leo does his best effort on every project and takes great pride in his work. Congratulations, Leo. Now we're going to the Middle School. Is London Becker here? I wasn't sure if they were going to make it. Yes, come on up. London is bright, friendly and remarkable, mature in her ability to balance her high standards for her academic performance and her positive involvement with a wide circle of friends. She is a positive influence on those around her and displays consistently high levels of initiative and responsibility. London is creative, not afraid to take the lead TOWN OF FOUNTAIN HILLS Page 8 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 8 of 124 on projects, which she is conscientious about bringing to successful conclusion. That's London. Our next student from Fountain Hills Middle School is Cason Pitz. Is Cason here? Hi, Cason. Cason is keenly interested in the world around him and has a bright smile for everyone. His attention to detail is impeccable and he takes pride in the content and presentation of his work. Cason displays great empathy for others and is perceptive and analytical. Cason is happy to take the lead in group projects, which he manages with fairness and good humor. Always ready to work hard, think, investigate and explore, Cason's intellectual curiosity is a great addition to the classroom. Cason. Now, for the high school. Rylee Holmes? Is Rylee here? Hey, Rylee. Rylee Holmes is a sophomore clarinet player and a member of the band council, a student leadership group. Rylee always has a good attitude. Rylee studies hard and takes her responsibilities in my class very seriously. Her drive and desire to succeed are very evident. That's Rylee. And our last December student from Fountain Hills High is Matt Minero. Is Matt here? Yeah, that's awesome. Matt Minero is a senior bass clarinet player and a member of the band council, which is a student leadership group. Matt is a great leader and inspires his peers in numerous ways. Matt is responsible and respectful. Matt is a great instrumentalist, spending countless hours practicing and perfecting his skills. He's a valuable asset to not only our band, but our school as a whole. That's Matt, yeah. So now, it's time for January and we're going to go back to McDowell. Micah Drought? Is Micah here? Oh, there you go. TOWN OF FOUNTAIN HILLS Page 9 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 9 of 124 Micah is an amazing student and demonstrates the Falcon way every day. He is kind to his classmates and tries to include everyone at recess and during centers (ph.). Micah is respectful to his peers and teachers and sets a good example of how to be a great Falcon. That's Micah. Next is Braxton Spears. Is Braxton here? Yay, there you go. Braxton is also from McDowell. He's an amazing student and demonstrates the Falcon way every day. He is kind to his classmates and tries to include everyone at recess and during centers. He's respectful to his peers, his teacher. He always sets a good example on how to be a great Falcon. Thank you for being you, Braxton. We go to the Middle School. Brooklyn Hanson (ph.) -- I mean, Branson. Is Brooklyn Branson here? There we go. A nice turnout. Brooklyn is a new student in Fountain Hills Unified School District. She's bright, funny and kind and considerate to staff and all students. She's very friendly and always willing to help others. Brooklyn. Also from the Middle School, Carter Richmond. Is Carter here? Yay, there you go. Wow, you guys all came. Carter is a positive, productive student in our 7th grade team. He's caring and respectful to all. He's always eager to read aloud and answer difficult questions. Carter Richmond. Now, the High School. Katie Dwyer, and I think she's at volleyball. Is she here? Katie? I will tell you about Katie. She is constantly building her classmates up, spending time helping them understand topics if they need help in class and is truly a bright light in the classroom environment. She's also involved in sports at the high school where she was captain of the volleyball team. Her leadership skills show on the team and in the classroom. TOWN OF FOUNTAIN HILLS Page 10 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 10 of 124 Let's give Katie a hand. And our last student from Fountain Hills High is Christian Daniels. Is Christian here? Yes. Christian brings so much joy to my classroom. Not only is he a student who stays on top of his classwork and really focuses on his grades and success in his classes, but he's also a student who's willing to help others whenever he can. He always says hi when he first walks in and he's always very positive and happy to be here. Christian Daniels. All right. Now the whole group, so you have to get close. SKILLICORN: Great work, everyone. MAYOR DICKEY: Come on in. LARSEN: Get in tight. MAYOR DICKEY: Here you go. UNIDENTIFIED SPEAKER: Awesome. MAYOR DICKEY: Thank you. UNIDENTIFIED SPEAKER: Great work. MAYOR DICKEY: All right. Thank you, guys. Well done. Wow, very nice. So Sharron, why don't you say what you usually say? GRZYBOWSKI: So this is my favorite day of the month. And I'm going to tell you guys as you leave, you don't have to leave. You can actually stay, because it's kind of cool in that sort of nerdy way. And then Ginny -- Mayor Dickey is going to tell you that it's okay if you leave early, but I'm going to tell you don't leave, because it's fun. MAYOR DICKEY: Thank you. I do want to point out that since this is the first time we are doing this with the new council that I wanted to give you a little history. We have the Leadership Academy and at the time, I think it was 2017, former superintendent Tom Lindsey's project was called Strong Schools Equal Strong Community. And after I became Mayor, we decided that we would have all these wonderful people come and partake in this celebration for the district and we're so happy that the teachers and the school district have come along with this and we look forward to doing it next month. TOWN OF FOUNTAIN HILLS Page 11 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 11 of 124 So yes, thank you, Sharron, for that. Okay. So our next item is going to be an update from the President and CEO of GPEC, which is Chris Camacho. Welcome, Chris, if you are here. MCMAHON: Excuse me, Mayor? MAYOR DICKEY: What'd I do? MCMAHON: I think we missed the (indiscernible). MAYOR DICKEY: Oh, my goodness. I'm so sorry. All the celebratory stuff. I have something else to do, too. So it's recognition of Nicholas Stumpf. Are you here, Nicholas? Oh, sorry about that. Come on up. UNIDENTIFIED SPEAKER: Congratulations. MAYOR DICKEY: I would've picked it up eventually. If you hold that, I will read the good words and then you can say a few words if you'd like. Okay. You don't have to. So I'll just talk loud. We would like to take this opportunity to recognize Nicholas Stumpf who was appointed to serve as commissioner on the Sister Cities Advisory Commission by the Town Council in September of 2019. During his tenure on the Commission, Nicholas served in the role of vice chair and actual chairman. His countless hours of volunteer service, dedication and contributions are greatly appreciated by the council and his fellow commissioners. Congratulations. STUMPF: Thank you very much. MAYOR DICKEY: Thank you so much. Now, all right. Now, it's Chris' turn. Sorry about that. Is Chris Camacho here? KALIVIANAKIS: Excuse me, Mayor? MAYOR DICKEY: What am I doing now? KALIVIANAKIS: Is Captain Kratzer (indiscernible)? MAYOR DICKEY: Captain Kratzer first? No. You know what? I'm going to go with TOWN OF FOUNTAIN HILLS Page 12 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 12 of 124 Chris first, if that's okay, because he's a -- came from out of town. Yes, Amanda? JACOBS: I pulled up the presentation. MAYOR DICKEY: Okay. CAMACHO: Thank you. Well, good evening, Mayor and council, City Manager. Great to see you, Town Manager. Thank you for having me this evening and first and foremost, maybe two introductory comments and I promise you I'll be very brief. I know you have a very aggressive agenda. So first I wanted just to recognize Amanda. In her ten months here in the community and the town, she's done an exceptional job, not only in Fountain Hills but in the state of Arizona and the longstanding leader in economic development. So you have a good one. So congratulations on having Amanda. And I also have the pleasure, even though I am from out of town -- yeah, one town over. It was a short trip for me tonight. I do appreciate going to Wickenburg and to Buckeye and to Gila Bend and some other cities, too. But this is closer to home. So thank you for being geographically advantageous this evening. Yeah, and what I was going to say is it's amazing to have just the level of participation. I do a lot of these council visits and your community's very activated, which is great to see. And including that, Mayor, I think you mentioned International Dark Sky Discovery Center. I had the pleasure of working with Joe (ph.) and his wife for the last probably two and a half, three years on helping identify potential investors in the project, or funders for the project. So amazing to see that evolve and just exciting for this community. So I promised you I would be very brief tonight. So GPEC as many of you may know is Greater Phoenix Economic Council. We're the regional economic development entities, so I work with Amanda and the 22 additional economic developers from around the region. We operate as one economic region in that we're trying to attract quality TOWN OF FOUNTAIN HILLS Page 13 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 13 of 124 businesses from around the world to metro Phoenix. And most of my job on a daily basis is to promote the region through connecting with global companies and site selection consultants and even hosting folks around the Waste Management Phoenix Open, as well as the Super Bowl which is coming up in a few weeks, with the intent of trying to get them to invest in metro Phoenix. And as much as I love to talk about housing and water and some of the challenges our market experiences, we really work to stay on the offensive of talking to national media, but also talking to companies about making these investments. And so again, a public private partnership of which the town is a partner of ours, so one of 22 cities. You know, for your value, you'll see here at the end here as I close, we do have about two-thirds of GPEC's revenue or support comes from the private sector. So you're getting a leverageable investment that allows us to go on the road and tell our story in Taiwan or South Korea or New York or even neighboring California. And again, we've had a hot hand in the last decade of bringing quality companies to the market and at the end of the day, it's about quality jobs for the citizens. So you can see here reflected almost -- we should hit this year a thousand companies in the last 33 years have decided to move from another location to metro Phoenix, and it's a pretty pinnacle milestone. I'd like to perhaps say I've been involved because I've been here for 15 years. I've been involved in over 500 of those, so it's quite a long time in supporting this community or set of communities. You can see here as I just illustrated 22 cities and almost now 200 private sector companies. And a lot of the time when companies from around the world are evaluating coming to any market, they go through this process of understanding costs, tax, due diligence, the labor environment, the quality of the infrastructure, the quality of the place, the recreational amenities. All of those attributes go into making a decision whether they come here, or they go to Dallas or Austin or another location. So we're often behind the scenes. You won't even know -- most people don't even know we exist because we're doing the cost and labor and analytic due diligence. But we're the first point of interface with a lot of these companies. And so you can see on the righthand column here, this is TOWN OF FOUNTAIN HILLS Page 14 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 14 of 124 the level of support we provide to many of these firms. So to give you a quick bird's-eye view of the companies that are in our pipeline today, there's 22 companies that in the last six months that have made location decisions to come to metropolitan Phoenix and one of our communities. That's induced almost $24,000,000,000 of new investment, which means new tax revenue. It means shared -- the state shared revenue coming to the state and over 4800 new jobs created, some of which are from the plant called Taiwan Semiconductor. You might have heard of TSMC. I would venture to guess with their initial 3000 employees some of them will live and reside in this community and bring a lot of high- wage jobs to the Valley. So that's really what we're known for. If you Google us or read the papers, that's what you'd see, but I promise you we do so much more than that in working with our communities. This is the active pipeline, 229 companies from around the world as I mentioned are evaluating our communities today. 113 of those came in the last six months and that's over $120,000,000,000 of new investment potential, as well as almost 33,000 new phase 1 jobs. Where do they come from? They come from all over the world. So I can tell you as someone who's been here for like a lot of years, as I said, our position used to be roughly 50 percent out of California, 50 percent from the rest of the world. We've diversified that portfolio, being that you can see 12 percent out of California and 23 now percent coming from foreign markets, so we spent a lot of time in foreign markets trying to recruit global semiconductor headquarters, R&D operations to the Valley. So what's the community partnership look like? So for every dollar that's been invested in GPEC, which this funding cycle's $11,707, the town, you know, is able to capture 11:1 return on investment. So for every dollar spent, there's 11:1. And how we calculate that, we have a third party called Applied Economics (ph.) that does trade area analysis. So it looks at all of the projects that have landed in neighboring communities and then looks at the commute shed and labor shed of where those employees generally work utilizing MAG trade data. So that's the information available to us, showing 11:1 return. TOWN OF FOUNTAIN HILLS Page 15 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 15 of 124 This is just how we're metric'd [sic]. I won't go through this in too much detail, but the Mayor serves on our mayors and supervisors council and councilwomen serves on our board, which we're excited about. And you can see here we're a very measured organization, which we've induced in this year in, you know, just in the first several months -- or excuse me, the last year at $635,000,000 of net new payroll, and over five years that's over $2.8 billion dollars of net new payroll. So really, again our focus is high quality jobs. This is the last nine projects that we've had come to the Valley from again different locations around the country. Some have been consolidations from various locations across the U.S., while others have been out of Japan with Tokyo Electron or TSMC as I mentioned in North Phoenix to XNRGY in Mesa. So many of these companies come and reside across the Valley and then the good news for all of our communities is the mobility of residents. Many of them might live in one community and work in another, and vice versa. So yeah, that's really the value proposition we have to bring. Companies don't select cities and towns, they select markets. And so that's why we spend a lot of time being the front door to many of these companies and really doing so with extreme due diligence. And finally, my final slide because I promised Amanda I would be very brief tonight, is the strategic plan. This is available on our website. I'm happy to email this to anyone who's interested. We have a three-year strategic plan which helps us navigate the direction of our regional strategy in terms of how do we ensure that we have strength in robust transportation corridors? What are we doing to help, you know, advance two-year technical talent within the community colleges? What are we doing to advance STEM talent within the universities? All the way through ensuring we have the rights arts and cultural amenities available across the region to meet the needs of not only clients, but certainly the employee base that they're bringing with them. So all of that's available for you, but you can see our three top goals are creating a longstanding economic vision for our future, which -- that's my job; second is to ensure we have a cluster strategy to recruit enterprises in high-wage advanced industries; and TOWN OF FOUNTAIN HILLS Page 16 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 16 of 124 then third is to ensure that GPEC as an organization, a public private partnership, stays strong and healthy. So with that, Mayor and council, I would hand it back to you for any questions you might have for me tonight. MAYOR DICKEY: Thank you so much, Mr. Camacho. Any questions or comments from anybody on council? MCMAHON: Thank you for what you do. CAMACHO: Thank you. MCMAHON: Excuse me. Thank you very much for what you do. It's obvious it's made a significant impact in our community and Arizona as a whole, so we appreciate it. It's a lot of work. CAMACHO: Thank you very much. MAYOR DICKEY: And as you mentioned, the many years I've been involved also, just from different things and working for the state and such, and the progress is unbelievable and the communication is great, you know. You send stuff all the time. I don't know if everybody gets it, but I send it to them, so they maybe get it twice. And every time we have our meetings and we talk about you have your goals, they're always exceeded. Every time we meet, it's like this is what we wanted to do, this is what we did. The impact to the region is amazing. One of the great things I think that has happened in Arizona, at least in the Valley, is this parochialism is not there anymore. You're not, like, hey, I need this car dealership here in Chandler and I don't want it in Scottsdale. It absolutely brings us all up and I'm so glad to see it, see you here presenting to us, and appreciate everything that you do for us. And if anybody has any comments or anything after this, you can always contact GPEC. They're very responsive. Thank you. Yes -- oh, I'm sorry. No -- yeah, our board member. GRZYBOWSKI: I just wanted to thank you for coming. I thoroughly enjoy every meeting that I've been able to attend. They've all been virtual up until this point, but I'll see you next week in person. I love the opportunity to have Phoenix-wide conversation, that you're not only TOWN OF FOUNTAIN HILLS Page 17 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 17 of 124 worried about bringing the companies in, but you're worried about the educational system and making sure that we have the workforce to support the companies that you're bringing in. So I like that you are all-inclusive in that kind of thinking. That is helpful to me as a councilperson to come back here and be able to have those conversations with -- yeah, you're right, the same manufacturer isn't going to be able to fit here, but we get you guys educated and then maybe we can go work there or their senior management's going to move into town and they're probably going to want to live here. So I've thoroughly enjoyed my time on the board and you are a big part of that. Thank you, Chris. CAMACHO: Well, thank you, Mayor and councilwoman. I can tell you again as a nonpartisan entity, we worked with the Ducey administration very closely and had a lot of success. We're working with -- Governor Hobbs had a meeting with our chief of staff last week, talking about the preparedness side which you're referencing. And again, I believe our job is kind of a push-pull. We have to drive client activity, but we also have to ensure that the market's ready, you know, for the changing dynamics in everything from manufacturing to research and development to healthcare. And there's a lot of healthcare in this northern corridor that continues to evolve that -- you know, we're working with HonorHealth as well as Mayo Clinic. There's just a lot of activity in healthcare going on in this region. So thank you very much. MAYOR DICKEY: Thank you, sir. CAMACHO: Thank you. Have a nice evening. MAYOR DICKEY: Enjoy your short ride home. Captain Kratzer's going to come and give us a report on public safety from MCSO. Thank you, Captain. KRATZER: Good evening, Madam Mayor, Vice Mayor, members of the council. Thank you for the time to come up here and present the monthly presentation from MCSO. And this is just a monthly update. I know we have three new members of the council I haven't done an update yet for. But at the end, after I'm done talking about the TOWN OF FOUNTAIN HILLS Page 18 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 18 of 124 topics I have, you know, I'm happy to answer any questions or if there's any remarks or suggestions, recommendations, you know, that'll be the time that I'll be happy to hear those. I wanted to cover a couple of recent events that MCSO has dealt with here in town that were pretty significant in terms of what we're used to seeing and them being a little abnormal. But we had a commercial building burglary on December 27th at about 3 p.m. in the afternoon and this was the location that used to be the KFC, A&W building on Shea and that building has sat vacant for some time. But there were a series of burglaries from the vicinity of the backflow water valves. And company plumbers were out there fixing those backflow valves because those created some water issues for the businesses, so those had gotten replaced. The plumbers that were out there had noticed a vehicle pulled up to that vacant building, the old KFC building, and they believed it was a demolition crew when they first got there. About three hours later, when they replaced the backflow valves and turned the water back on to that commercial site, they saw water flowing from that building and they heard some commotion from inside the building, so they went to see. They believed that maybe that location needed a backflow valve replaced, too. Maybe that one had gotten stolen. Well, when they went over there, what they found was two subjects that were inside the building and they went in the building. There was water flowing down from the ceiling and they could see that there were pipes that had been cut. So there were two individuals who were in the process of stealing the copper piping and plumbing from the building, so they confronted the individuals. The individuals fled in their vehicle. They called MCSO. They fled toward the 87 highway. We believe we missed them by a little bit. DPS was given the information on the vehicle. But they did get a good license plate and that helped us in determining the vehicle that was involved. And so because of the substantial amount of damage -- it's estimated to be about $60,000 in damage for the plumbing and the copper that was stolen -- our detectives from property crimes responded and assumed the investigation. We had crime labs come out -- crime lab techs come out and they photographed and processed. There were latent shoe prints available, cigarette butts that were left behind inside and outside. TOWN OF FOUNTAIN HILLS Page 19 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 19 of 124 And so things -- the next couple of days by good work by the patrol deputies here in the district, keeping an eye out for the vehicle that -- some of the deputies recognized the vehicle, at least the description, that they've seen it around town. And a couple days later, they were able to locate the vehicle at the Denny's here in town and when they went to look at the vehicle, they found some cut copper pipes in the back of the truck and then they saw an individual run out of the Denny's. So they were able to contact that subject, who was the registered owner of that vehicle that was in question from the prior burglary. He had multiple outstanding arrest warrants for felony fraud and things of that nature. They were able to book him into jail on the warrants. And then our detectives responded again. They did a search warrant on the vehicle and processed it for the evidence that was found inside. The case is still ongoing. He's been charged with obviously the warrants and was booked into jail on those, and the processing time for the cigarette butts and the copper that was found to connect the subject to the crime is still occurring. So I wanted to give an update on that one and just one of the things that deputies are actively doing and have done. And we're encouraging the public, if you see something that might look out of place, just a reminder to contact MCSO. Even if it's us checking it out and it turns out to be nothing, we'd rather err on the side of caution and just make sure that, you know, that it was a demolition crew and not someone burglarizing the place, so -- And then the next incident I want to talk about -- this one probably was a little bit more visible to residents in town -- was an aggravated assault incident that occurred on the 3rd of January. And that was where we had a vehicle that was shooting at another vehicle 4 a.m. in the morning on that day, on the 3rd of January. And basically what that was, was there was an individual who was at the 4 Sons gas station getting fuel and a vehicle passed them and they knew each other. They recognized the suspect that passed them. They had some prior conflict. The vehicle started to follow them after they got their gasoline and started chasing them at a high rate of speed. The suspect vehicle then proceeded to fire at least 14 rounds at the other vehicle while they traveled down Saguaro and then down Grande. TOWN OF FOUNTAIN HILLS Page 20 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 20 of 124 And so we received multiple calls from residents at that time in the morning, at about 4:10 in the morning. I think we received five calls, some reporting to hear rapid gunfire, one person who was walking their dog and actually saw the incident occurring. And then the vehicles went onto the Fort McDowell reservation and we got a call from the Fort McDowell PD within about 15 minutes, stating that they were out with the victim vehicle and the two victims in the vehicle, and their vehicle had been hit by at least one round. Luckily, no one was hit by the bullets. It took MCSO -- MCSO detectives responded. They processed the scene. Grande was closed for a large portion of the day for them to photograph and collect all the shell casings and there was a few live rounds found. Fortunately, we don't believe any structures were hit somehow and thankfully, nobody was hit from inside residences where a stray bullet may have hit. In the end, Fort McDowell PD went to the -- well, just to clarify, the two victims in the vehicle and the suspect, they all resided on the Fort McDowell reservation. Fort McDowell PD went to the residence of the suspect. They found him there. He fled from them in a vehicle, so there was a pursuit that went through town and went around the fountain. The suspect ended up striking a utility box, knocked out some power to a few of the local businesses, and Fort McDowell PD lost sight of the subject, so -- But within about a 45-minute time period, a perimeter was set up. MCSO was called to let us know that they had pursued the vehicle and lost them, and detectives were able to locate the subject also at the local Denny's and they were able to arrest him. There's no connection to Denny's in these incidences. It just so happened that that's where both of them were found. So he was arrested and he was booked into jail on six counts, on six felony charges including aggravated assault with a deadly weapon, criminal damage, disorderly conduct, discharging a firearm at a nonresidential structure, discharging a firearm within city limits, and then discharging a firearm -- oh, I'm sorry. And then a drive-by shooting as well. So he's currently in custody still on those charges and probably will be for the time that it takes to adjudicate the case. So I just wanted to highlight those two cases. I know we had a lot of questions by members of the public about what transpired. We worked with the Fountain Hills Times TOWN OF FOUNTAIN HILLS Page 21 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 21 of 124 and well with the town to get information out as much as we could and released a public statement on that. So those are some of the -- those aren't our typical events here in town. Those were kind of two one-offs that we don't normally see, so I just want to make sure we highlighted that. And then the next thing I want to talk about, shifting gears just a little bit, is staffing here in the district and some of the additional personnel that we now have. So there was some discussion and when the town went back and looked at the contract with MCSO and the town, whether or not MCSO is meeting that contract with personnel, and it was determined that we weren't meeting that. And we struggled, you know, like every other law enforcement agency. Staffing's been an issue for at least the last four years. But for the first time in the time I've been here in four years, we're fully staffed according to the contract. So we have all deputies that the contract requires and that the town pays for and that's been the case for about the last three and a half months now. So that's given me the ability to put resources in different places and adjust schedules and we now have a squad that's considered a Community Action Team. And what they're utilized for is for special things that might come up in town and we dedicate those resources to the town for any special enforcement. If, you know, we're having issues with short-term rentals and loud noises and parties, we'll utilize them in that way and change their schedule to address those issues. If there's issues with vehicle burglaries, we'll adjust their schedule based on mapping and timeframes and when those crimes are occurring. So that's just a way that we're able to expend our resources when we are fully staffed with what the town pays for, which is a great thing and the way we should be offering services to the town and residents. So with that being said, that's really what I have for my update, but I'm happy to take questions or comments or anything from council. MAYOR DICKEY: Thank you. Councilman? FRIEDEL: Thank you. Thank you, Mayor. TOWN OF FOUNTAIN HILLS Page 22 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 22 of 124 Thanks for what you do, Captain. We really appreciate your service. Would you talk a little bit about your patrols in neighborhoods? I've gotten some calls and emails from residents about crimes of opportunity and what you're doing to mitigate that in our town. Can you talk a little bit about what you're doing with that? KRATZER: Yeah, definitely. Good question, Councilmember Friedel. So our deputies, when they log on -- each squad, they're assigned a patrol beat in town, so they know which area they're responsible for. Within that beat is a geographical area that is made up of, you know, some of our common roadways and our residential areas. So one deputy may have the area that FireRock is in and that's their area of responsibility for their shift. So the expectation is that when they're not busy for a call for service and they're not running traffic enforcement, that they would make numerous -- drive through the neighborhood. They would be doing some proactive enforcement. If there's businesses in their beat, that they would be doing business checks, making sure doors aren't unlocked in the middle of the night, and those sorts of things. Now, the way that we ensure that deputies are doing that and have accountability for their time is they are expected to put themselves out on our CAD, our computer-aided dispatch system, when they are in those areas and when they are doing those patrols. So I can run a report to see when deputies were doing proactive enforcement, and we call them 670s or 671s. Those are welfare checks or community patrols. And so we run -- every month we run stats to see what the deputies are doing and where they're expending their time and making sure that they're accountable for their work hours and they're not just sitting at the patrol district here. So one of the things, as crimes occur, like when we get a string of vehicle burglaries or if we get shopliftings at a certain store, we will direct those deputies in that beat to spend more of their time during that period in those locations and try to deter. And then we'll check our stats to see if it's impactful and if it's deterring the crimes or having any success, and if not, then we'll throw more resources at it or come to another -- find another approach to it. What we do -- what I wanted to make sure that the public knew is that if there is something that they're concerned about, they can always go in, call the station here. Our TOWN OF FOUNTAIN HILLS Page 23 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 23 of 124 administrator will take the information for added patrols, vacation watches while they're gone. Or just say we're seeing some suspicious activity in our neighborhood, we'd like to see deputies patrol more. And we actually have a pretty comprehensive system where that's entered. It's tracked. Our criminal intel unit processes those and then sends it back to the district as a request for the district and then that way there's some accountability with the request and that there's some follow-through. So today, for example, we had two vehicle burglaries on Thistle in town and one of the things with that is both of those times -- so getting information out to the public and awareness -- both vehicles were unlocked, so the person didn't have to make much attempt to get into them, just check the door handle. One of the vehicles had cash in it that was stolen. The other vehicle didn't have anything taken. It was more just the crime of opportunity. Checking door handles, they find a car unlocked, they rummage through it to see if there's anything of value, and then they move on to the next, you know, house and check the vehicles there. So we are working currently with Beau (ph.) with the town to put out a public release for vehicle burglaries again and just trying to refresh that information to the members of the community about locking your doors, not leaving valuables in the car. And in turn, Beau (ph.) is going to work with the Fountain Hills Times to push that information out as well. So I hope that answered your question. FRIEDEL: So now that we're fully staffed, it's a little easier to do these things as well, I'm assuming. KRATZER: Absolutely, yeah. It was hard when we're not fully staffed to put extra resources for crime trends that we're seeing. FRIEDEL: One last question, if I can. I was out the other day in town and one of our commercial buildings was tagged. Is that something you guys need to know about? If it is, why? And do we just call you directly or -- KRATZER: Yes, thank you, Councilmember Friedel. We track all of our -- we would obviously take a report for that, a criminal report for the tagging incident and the graffiti. We normally get notified by town staff when TOWN OF FOUNTAIN HILLS Page 24 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 24 of 124 they get called for -- to cover up graffiti, so that we can take the report and that's helpful for us. Or if the resident calls us, or -- and I would say yeah, absolutely, please have residents contact us or however that gets conveyed to any of the councilmembers to say, yeah, please report that to MCSO at our nonemergency number. And a deputy will come out, take photographs of the graffiti or the tagging, and we'll document that in a police report. And even if there's no leads, which a lot of times there's not, we tend to use that information. You know, maybe what the tagging says, if it's potentially gang related or if it's a trend of a certain type of graffiti or you know, a lot of times we find that some -- especially over some of the school breaks -- might be some bored, you know, teens going out there and doing things. But we typically will take that information, we'll map it. We'll see if there's trends related to that graffiti and the tagging, and then again, put resources towards it to combat it. We did that -- I want to say about eight months ago. We had a little bit of a trend of some graffiti and it looked gang related. We worked with our counterterrorism unit and then Fort McDowell, the Yavapai Nation, we met with their chief and he recognized some of the tagging and so we were able to kind of come up with a plan together and work together for that. So yeah, I would recommend if there's graffiti or tagging that's observed, please report to MCSO so we can track it and then when I pull stats or data, we know that it happened. Because if we're not aware of it -- you know, it gets covered up ten, fifteen times and we don't know, then none of those -- none of that's statted [sic]. TOTH: I almost forgot. For the drive-by shooting, I had thought I picked up on the report that was sent to me that that was gang related; is that correct? KRATZER: You know, I don't think we had any -- well, I take that back. The suspect involved was known by Salt River PD as being affiliated with a gang. TOTH: Okay. KRATZER: The victims that were involved, there was no real correlation that we were aware of that maybe they were. But yes, a suspect involved in that, there was some knowledge by Salt River PD that he was involved there and had some prior incidents on TOWN OF FOUNTAIN HILLS Page 25 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 25 of 124 the Fort McDowell reservation that they were actively looking for him for. So he was a well-known player on the reservation. TOTH: And also real quickly, you said you pull those stats monthly, correct? KRATZER: Yes. TOTH: I would like to see the breakdown of time between that proactive patrolling specifically, rather than -- not that I don't care about wellness checks. I'm just -- I would like to know how much time is spent patrolling versus how much time is spent at those stationary speed checks. KRATZER: And Councilmember Toth, it's not necessarily broken down by time as much as it is calls for service. So the breakdown would be how many calls for service that they are on for traffic enforcement or an assault or domestic violence, and then how many calls for service that they're on for the proactive patrol, a 671, a 670. So that would be provided. We provide the town with the monthly report and that's broke down in the monthly report for those stats, proactive versus non-proactive enforcement. TOTH: So to clarify, you do not have a breakdown of how much time is spent stationary versus how much time is patrolling? KRATZER: Not necessarily time, like do I know on a ten-hour shift that for seven and a half hours they were out and about and active, compared to two and a half that they weren't. No, it would be more of the breakdown of how many calls they were on during that shift. We have deputy patrol logs where it breaks down their calls for service and how long they spend on each call. So there's a lot more in-depth review that would need to be done to look at -- okay, all your calls combined during that day and your proactive enforcement put you at this many hours, that meant you had two and half hours -- we're not doing an analysis like that typically. TOTH: Okay. KRATZER: We're doing it by calls for service to make sure, all right, in a ten-hour day, you've taken five reports, you did four traffic stops, and you did eight welfare checks on businesses or whatever. And you know, to the sergeant, patrol sergeant and the lieutenant and myself, the captain, is that a reasonable use of that deputy's time, or could they be doing more, you know? And we break it up and we look at squads and how they're broke up as well, so -- TOWN OF FOUNTAIN HILLS Page 26 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 26 of 124 TOTH: Okay. Thank you. KRATZER: You're welcome. SKILLICORN: I very briefly -- and I hate that we even have to talk about it, but back to that shooting. Since Fort McDowell and Salt River had already had a contact with him, knew who he was, if an MCSO officer ran his plate number or had any interaction with him, we would've known about the warrants and the activity; is that correct? They're communicating with the rest of the police forces. KRATZER: Councilmember, that's true to some extent. If there was an active warrant and we ran his plate it would come up. Just because he has some affiliation with a gang, if his license plate was ran that's associated or registered to him, there's not any sort of national law enforcement database that says FYI, the plate you just ran is associated to -- the registered owner has been, you know, identified as a gang member. If there was an active warrant or law enforcement sensitive information like, you know, in the past he's known to have assaulted an officer, those sort of things will pop up, but not maybe just the fact that he's a known gang member or been associated with a gang. KALIVIANAKIS: Thank you for your service. It's most appreciated. I back the blue. I'd like for you to discuss -- recently, we've allocated resources to the high school and the middle school. I don't think the public is aware or particularly parents are aware that we're trying to look out for their kids. If you could discuss that program and just tell the people about it. I've had laryngitis and I'm hoping to get through this. A couple months ago when I went to the Leadership Academy, I became aware that -- a number of parents approached me about their kids being bullied. Lots of problems with drugs in the schools. And one of the parents had reported to me that they actually followed his son home and was outside their house and the bullying. So based on all those reports, I contacted Libby Settle, who's on our school board and discussed that at length and she verified that that was true. Based on that, I contacted your office and talked to Lt. Halverson. And you said that you would divert some resources from Squad 5, namely a couple deputies and a lieutenant. From there, we took it to Dr. J, the superintendent of the schools, who agreed there's a problem and went forth TOWN OF FOUNTAIN HILLS Page 27 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 27 of 124 with it and asked us to pursue it. And that's when I took it to Grady and I identified the problems with him and he got back to me a couple weeks later and he said that everything checks out and so we'd like to begin this program. So could you just give us the status on that program? KRATZER: Yes. Thank you, Councilmember Kalivianakis. So yeah, to your point, when you met with Lt. Halverson, unfortunately I wasn't able to meet with you that day. But as soon as you were done meeting with him, he came to me and talked to me about the conversations you had and one of the ideas that was brought up and strategized was utilizing that new squad 5 that we have, the Community Action Team, to supplement our school resource officer because it's one deputy at the schools and currently there are three schools. But her time is typically mostly spent at the high school, just based on the incidents. You know, when we have incidents, they're typically at the high school, not usually the elementary. Sometimes the middle school. But based on her not being able to be in all of the places at one time, the recommendation and the suggestion and the concerns that were brought forward to you, you know, that was a good use of our resources of using squad 5 to supplement the school resource officer. And I too talked to Town Manager, Grady Miller, about that, and we all agreed that that would be a good way to use squad 5. And possibly in the long term, looking at the potential of whether or not it's practical to contract for another school resource officer. So in the interim -- if that is the decision down the road and we implement that, that would be a great thing to have a permanent body at the school -- but in the interim, we'll use our squad 5 personnel to be more visible in the mornings when students are coming on school, parents are dropping off kids, and just randomly throughout the day here and there, just being able to supplement and show that there's some security and so that students and parents feel safe, that there is some level of visibility and presence on the campus. KALIVIANAKIS: Thank you very much. KRATZER: Thank you. KALIVIANAKIS: We appreciate it. And also we had talked about and I haven't gotten TOWN OF FOUNTAIN HILLS Page 28 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 28 of 124 back to the school or Libby yet, but I thought maybe getting a K-9 unit there to sniff for drugs, I think that'd be a great idea, too. Once a dog went to the school, all the kids would be on notice. Better not deal drugs at our school, because we have a dog that smells. KRATZER: Yes, and to that point, councilwoman Kalivianakis, we've done that in Queen Creek school districts before. We've brought our K-9 in if they requested, have them go through the school at certain times of the day periodically. And it was a pretty effective tool and surprisingly welcoming by almost all of the students, probably because they weren't engaging in those activities. So that is something that we can do and I look forward to hearing back from the school on that and hearing back from you. MAYOR DICKEY: Thank you, Captain. We appreciate your professional service and your easy communication and appreciate you coming in, reporting to us and answering our questions and look forward to hearing from you next month. But in the meantime, everybody knows that we're able to contact you and again, you're the professional law enforcement in our town and we appreciate that. KRATZER: Thank you, Mayor Dickey. MAYOR DICKEY: Thank you. Next item is Call to the Public. Linda? MENDENHALL: Thank you, Mayor. In your packet you have a comment by a person named Michael (ph.) regarding the police officers with a nice comment. And the next in person public comment we have, state senator John Kavanagh. KAVANAGH: Mayor, council, thank you. I learned over the weekend that at the last council meeting there was some question concerning the application of ARS 9-462.04 with respect the action you took to rescind the sign ordinances. Specifically, that section requires a P&Z meeting, if in fact the action that you took, the rescinding, is considered a zoning ordinance. I only found out about it this weekend, so I was only able because of the holiday to talk to our legislative council this morning. So the result was not the result of an extensive research, but the attorney happens to be one who specializes in this area of law TOWN OF FOUNTAIN HILLS Page 29 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 29 of 124 for the state and writes them. So basically, she said that it's a two-prong question. The first question is, is what you did -- the rescinding -- was that an ordinance? And even if the answer -- and if the answer is no, then there's no violation. But if the answer if yes, you go to the next question; is it a zoning ordinance? So with respect to the first question, is it an ordinance, she agreed with your attorney that this is not an area which is especially clear in law. Which by the way means that if somebody wanted to sue you, that they have to convince a judge that it is. It's not like it definitely is. She said what would be helpful to make that decision would be whether or not what you rescinded, the zoning laws, were they ordinances. That would give weight to getting rid of an ordinance being an ordinance itself. But again, that is unclear in law as your attorney said. But she did add one thing to what was discussed in your meeting and that is, even if what you rescinded were ordinances, that still leaves the second legal question of is rescinding an ordinance an ordinance, and that is also unclear in law. So these are two areas that a person would have to convince a judge of. Then you go to the next area, which is, is it a zoning ordinance? Because if it's not a zoning ordinance, then the law doesn't apply also. And there she found something more concrete. She found the 1998 case, Whiteco Outdoor Advertising v. City of Tucson, 193 Ariz. 314. And in that law, it was stated that -- the Court of Appeals, which is an appellate level court, said that the regulation of lighting on a billboard, which is a type of sign regulation, is not for the purposes of this section a zoning ordinance. So that would be a second hurdle that somebody suing you would have to overcome and obviously, you have a Court of Appeals saying something in that realm was not a zoning ordinance, so there it was. I know that you cannot comment because this is your Call to the Public, but if you have questions feel free to give me a call. I certainly would want as your state representative to be a resource for you at the state. MAYOR DICKEY: Thank you. Next? MENDENHALL: Next, we have Lyle Edwards. TOWN OF FOUNTAIN HILLS Page 30 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 30 of 124 EDWARDS: Good evening, Mayor and councilmembers. I'm Lyle Edwards. I live here in town and I wanted to share something with you. In 2019, I had the great opportunity to go out and buy a new car. About a week and a half after buying it, I drove down Palomino and I heard a thump. Suddenly, my car's running awful funny. I brought it over to the local place and they said, you have a hunk missing out of one of your tires. I went over to Discount Tire who told me, well, you know what, that'll be $465, please. And I said, well, isn't this covered under my road hazard? Nope. You hit a pothole. You're on your own, pal. So I started paying attention to the potholes on Palomino since it's fairly close to where I live. And it turns out, I don't know if the earth's moving there or we just had a bad paving job last time, but there's a lot of them. And every time it rains or it gets sunny, it gets worse and worse. I made a phone call over to -- I tried to speak to Grady, but he wasn't able to take my call and one of his directors of public works or something took the call, who told me that he will never allow that street to be repaved until they find the money to make the street skinnier because it's way too fat -- wide, I guess, as it were. And I said, well, the people who drive that street shouldn't be punished for that. And he said, well, that's it. He said, we really don't have the money for it, anyways. So little by little, I see your crew doing a great job coming out there to try and throw a cold patch in the holes, but the holes are getting worse. They're getting more common. There's more areas that are like a checkerboard, where there's one hole and eight or nine others that are ready to come out. And I put in my call to do this online the other day, and the following day I saw you had a crew out there throwing some more cold patch in. I think it was a crew that was a contract crew, if I'm not mistaken. And they patched quite a few of the holes that were blatant holes. But right next to them there were loose asphalt that they could've either seal coated or put some of whatever that black tar stuff is to fill those and they didn't. TOWN OF FOUNTAIN HILLS Page 31 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 31 of 124 So the reason I bring this to your attention is it's getting worse and it's getting dangerous. If any of Captain Kratzer's people would see me driving down the street, if you remember Mr. Magoo in the cartoons, that's how I drive down that road. Like this, to avoid the potholes because I don't want to give another $450, nor do I want the deputies to pull me over, thinking I'm drunk. But I'd really like you guys to give some serious consideration to repaying that road and I understand there's a couple others like that. It's something we really need to do. It doesn't look good for us and gosh, if we can't find the money to do that maybe we should consider a nickname of Pothole Hills instead of Fountain Hills. Just a thought. I'd really appreciate your consideration in making some movement on that. Thanks very much. MAYOR DICKEY: Thank you. MENDENHALL: Okay. Next is Crystal Cavanaugh. CAVANAUGH: Good evening, Mayor, Vice Mayor, and council. For the record, I don't necessarily enjoy excessive signage cluttering a town, or even the increased signs during the temporary political season. But the reality is that businesses create awareness and increased revenue with signs. Realtors create interest in their products with signs. And this is how those running for office or promoting specific issues get their messaging out there, too. It's understandable to have regulations, of course, to limit signs with easy to understand guidelines and to regulate select areas such as tourist or hospitality districts. However, restrictions should not be so heavy as to impact a business's success, extremely impact protected political speech, or to abuse the intention of a tourist or hospitality district. The heavy restrictions were applied to most of this town, all along Shea on down to the Scottsdale border. So I was surprised that the Vice Mayor had the audacity to label Scottsdale trashed out, all the while failing to mention that our Mayor took advantage of this and contributed to the sign pollution that the Vice Mayor referenced. Along with many of us, Mayor Dickey placed her own political signs just across the Fountain Hills border into Scottsdale due to the Fountain Hills restrictions that she and the Vice Mayor supported as recently as the last town council meeting. TOWN OF FOUNTAIN HILLS Page 32 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 32 of 124 Repealing and replacing the excessive sign rules is appropriate and precisely what our current town council needs to do. The public will get to provide their input on this as it goes along. Simplification and clarity is key. The previous sign ordinance seemed to combine various portions of other codes, which resulted in an ordinance that was confusing and convoluted. Code enforcement was also apparently confused as various interpretations were provided to me. A confusing ordinance can be beneficial to those trying to restrict signs that they do not like, or to provide cover for selective enforcement, particularly when it's the speech that you disagree with. And just as there was selective enforcement of the sign ordinance, there appeared to have been some very selective time extensions offered tonight by allowing a citizen to give his opinion on the repeal for ten minutes, as it was earlier stated on the agenda. Who knew that after two years of me speaking at many calls to public for no more than three minutes, that all I had to do was fill out a previously unknown form and request ten minutes? Not just an extra minute or two, ten minutes. Was this citizen actually invited to do a presentation? How did this community member even become aware of such a request form? And who makes that final decision? I saw on the form it said the Town Manager and the Mayor -- or the Mayor. The form states it's a method for citizens to request that an item be placed on the agenda. Why during all of my calls to public in the past about the urgency of acting on sober living and group home issues wasn't I or any other speaker directed to such a form to receive the same consideration. MAYOR DICKEY: Thank you. Time's up. Time's up. CAVANAUGH: The bottom line, this council did the -- MAYOR DICKEY: Time's up. CAVANAUGH: -- correct thing in repealing the convoluted sign ordinance. MAYOR DICKEY: I don't know if we want to mention -- the process for somebody to request a presentation has been in place for many, many years. So it's no secret and nobody needs to be invited to do it. It's on our website. So if you're an expert in something and it has something to do with -- well, I don't know. We'll probably going to look at it a little bit, but it's absolutely been in place for a TOWN OF FOUNTAIN HILLS Page 33 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 33 of 124 long time. It's not a secret and anybody can avail themselves of it at this point. Next item? Or next speaker, please? MENDENHALL: Our next speaker is Barry Wolborsky. WOLBORSKY: You're getting used to my name. MENDENHALL: Yes. WOLBORSKY: I'm Barry Wolborsky and I am a resident. And don't get afraid. This is three pages, but it's very large print because I'm old. And I'm talking about something I've talked about before. About a month ago, I spoke before this council on the issue of traffic safety in Fountain Hills. Since that time, I have not noticed any change for the better. I mentioned last time that the Mayor and the former council have pressed the sheriff's department to focus on speeding in Fountain Hills. I also mentioned that the deputies complied by parking in parking lots, driveways, and side roads with radar or lidar guns. Recently, a friend of my wife's was pulled over for traveling 42 miles an hour in a 35 mile an hour zone on Fountain Hills Boulevard south of the Catholic church. I really don't think that made the city any safer. Sitting off the road with a radar or lidar gun is very productive in producing great statistics. However, I don't believe it has a significant impact on traffic safety in Fountain Hills. Most of the speeding complaints in Fountain Hills occur in residential neighborhoods and in those locations, a radar or lidar gun would not be very productive due to the small quantity of citations issued. What I see on the roads in the town every day are people turning left from the right lane and right from the left lane on four-lane streets. People stopping in the middle of the road on four-lane streets to find an address. People blowing through stop signs regularly, an absolute nightmare at three-way and four-way stops, worse at the roundabout where six cars will be lined up waiting to go through as a whole bunch come round and round and round and won't let anyone in. I also see a lot of people weaving from the shoulder to the left lane on four-lane streets. Last week, my wife and I saw a car weaving through all three lanes on Shea Boulevard. When we pulled up next to the car at the stoplight, we saw that the woman driving was putting her hair up and had both hands behind her head. TOWN OF FOUNTAIN HILLS Page 34 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 34 of 124 We need to have the deputies stop running up meaningless statistics with radar and lidar guns and start patrolling our streets, and I think we've heard that here tonight. We need to see more violations for infractions other than speeding, and they can even give out speeding tickets when they're patrolling, just like they did for many, many years before the invention of radar and lidar. Perhaps we need a law in Fountain Hills forbidding the use of radar or lidar for traffic enforcement. That's something to think about. MENDENHALL: Next is Liz Gildersleeve. GILDERSLEEVE: Good evening, everybody. I have some brief comments on two separate issues tonight. The Town Manager has shared with residents that a paid facilitator will be at the town retreat in February at his and the Mayor's invitation, costing the taxpayers ten grand. Why is our Town Manager unable to act as the facilitator for this meeting as he's done in the past, and save the town this expense? As residents have said on social media this past week, we have roads with cracks wider than six inches, a community center that was only recently discovered to have many leaky doors and windows, we have constant maintenance to our parks and roads, and the town thinks spending ten grand on this guy is a good use of taxpayer money. I wholeheartedly agree it is not a good use of taxpayer money. The message from Fountain Hills residents in our last local election was crystal clear. Stop the wasteful spending. This is wasteful and unnecessary, and these small expenses add up quickly. Ten thousand for a facilitator, twenty-five thousand for a survey, forty thousand for a study, et cetera, et cetera, and before you know it all these little monies add up and we could fix some of those potholes. If it's not too late, I would recommend that a councilmember put this expense on the next council agenda and vote on it. Surely there is a cancellation provision in the contract, if it's already been signed, should you vote to cancel. Regarding the second issue I wish to comment upon tonight, I've attended many town council meetings as well and I was never aware of the ten-minute public presentation option to residents, like the speaking opportunity that was offered to the gentleman who was going to talk about the sign ordinance, and quite frankly, I was TOWN OF FOUNTAIN HILLS Page 35 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 35 of 124 looking forward to that presentation. I would ask that the town clerk include the process and the form for requesting extended presentation time on each agenda beginning with the next council meeting, just like the processes for calls to public and written comments are explained in each agenda. In the interest of transparency and inclusion, every resident should be made aware of this extended speaking opportunity. Thank you. MENDENHALL: Next is Lori Troller. TROLLER: Good evening, Mayor, Council, Grady, Aaron. I'm Lori Troller, a resident 27 years. As the town continues to work on updating the small cell ordinance, my comments tonight are going to be in a question, answer format. Why am I and a thousand other Fountain Hills residents concerned? The levels of electricity emitted from small cell facilities is radiation. Telecoms don't have to use antennas to transmit this data. It could all be done with fiberoptic cables run underground. The fact is, the fiber is highly energy efficient and the majority of it is already run and without exposing residents to microwave exposure and with faster and fewer service interruptions. So what's the worst that can happen with small cell facilities? A telecommunication company applies to put a tower antenna on any residential property, yours, mine, whosever, and our Town Manager is going to have to approve it. I wouldn't have bought my property at the time if there was a microwave tower on it and apparently 94 percent of those shopping for homes would offer someone 20 percent less than the original value with the tower on it. Now that your property is devaluated 20 percent, how do you fight it? The law dictates with your town ordinance and it's exactly why this document is so powerful and important to individuals. If the document does not set standards for telecommunication companies, they have a large right to do what they would like to your property and expose you to unmonitored microwaves. So what can be included in the ordinance to help us? And this is only to mention a few, 1) enforce colocation on infrastructure on TOWN OF FOUNTAIN HILLS Page 36 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 36 of 124 nearby towers; 2) limit minimum effective radiation power, that's ERP, to a level providing a five-bar telecommunication service with town insulated fuse of .1 watt of ERP; all electrical equipment other than antenna be built underground; 4) implement pricing fees for the fuse maintenance; 5) require NEPA review compliance on all permit applications; 6) require fiber sharing boxes in public rights of way to promote fiber to premises; 7) require 14 electrical code requirements as part of a permit process and final inspection prior to going live; 8) a thousand foot setback from residents' corner of home to antenna -- also schools. Why would this council not take one hour of free advice from an experienced lawyer who has written hundreds of ordinances across the country and to the state? I don't have an answer. Thank you. MENDENHALL: Next, we have Gene Slechta. Hopefully, I said that right. SLECHTA: You did. MENDENHALL: Perfect. SLECHTA: Thank you, Mayor, council. Signs. Some like them, some hate them. But what city or town government throws away signage regulations that were developed and revised by businesses, the chamber and other people, without any review? Just one -- this one. How radical, thoughtless and uncaring of our community, that this council gutted the sign ordinance two weeks ago. To those residents watching and that are here, imagine complaints about other things, like I don't like speed limits. Oh, let's just repeal them. I don't like the building codes. Well, we'll just repeal them, creating shoddy housing. This is all silly. It's damaging and it's dangerous. Your newest members, they're playing to a community of special interests. A small group, not the community of 25,000. The special interests you cater to want no rules and often ignore them. I know this because I worked five years in planning and zoning in this town. I spent three years on the planning and zoning commission with the assigned responsibility TOWN OF FOUNTAIN HILLS Page 37 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 37 of 124 of monitoring sign regulation abuses and I was the only nonbusiness person on the sign committee -- one of several over the years -- a decade ago that created most of the business-friendly regs that you've all thrown out. These regulations were supported by Mayors Kavanagh, Schlum, Dickey, and others. The town and the chamber committed to educate years ago the sign owners on proper use of signs. After one year -- this goes back a decade -- 91 percent failed after being educated. What did they do? They left A-frames out 24 by 7. They placed signs in the street. They put out multiple signs. They blocked sidewalks for walkers and the handicapped. They placed signs on curbs that are blocks away from the main arterial and from their business. Some businesses never seem to learn, probably your special interests. So do the right, honorable and respectful thing. Repeal the repeal. One anecdote. After implementing requirement that A-frames must be brought in at night, the total number of signs displayed dropped dramatically. If they're so valuable to the businesses, why could they not find the time to go out and bring that sign in? This gutting of the sign ordinance will bring back permanent sign clutter. Think Shea Boulevard during elections. Signs laying down in disrepair or strewn over the neighborhood. Signs distracting motorists. Signs violating illumination standards. All this impacts negatively our home values. At a conservative one percent on our home values, that's $5,000 for each home owner. MAYOR DICKEY: The time's up for -- SLECHTA: That's $60,000,000 for our time. Don't mess with our homes. This is our town, too. MAYOR DICKEY: Thank you. SLECHTA: Thank you. MENDENHALL: Next, we have Glenn Gruner. GRUNER: Good evening, Mayor and council. My name is Glenn Gruner. I've been a resident for five years. I want to congratulate the council on its first invocation. With the first invocation, you've successful offended all non-Christians in the audience. We started out by praying to a Heavenly Father and we ended by, in Jesus' name. TOWN OF FOUNTAIN HILLS Page 38 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 38 of 124 Now, to start a town council with those invocations borders on endorsing a specific faith practice. That's all. MENDENHALL: Next is Ashley Earle. EARLE: Hello, good evening. My name is Ashley Earle and I'm a resident of Scottsdale, but my family does own a business in Fountain Hills that's operating. I would like to address the council regarding a comment made by Vice Mayor, Peggy McMahon, at the last council meeting. The council was discussing a sign ordinance and Vice Mayor McMahon made a comment about the neighboring city of Scottsdale. She did not like that -- she did not want Fountain Hills to "look like a trashed-up Scottsdale." This is extremely disrespectful. It's one of the top cities in the country for tourists, which also helps Fountain Hills businesses. To speak this way about a neighboring city is very disrespectful and in violation of your rules of procedures, code and ethics violations, section 8.6(B), which reads: Responsibility [sic]. We shall safeguard conflicts [sic] in the integrity of the government by being honest, fair, caring, respectful, and by avoiding conduct creating an unexplainable appearance of impropriety of otherwise unbeneath [sic] to a public official. I ask for the councilmembers to please consider admonish [sic] or censoring Vice Mayor Peggy McMahon. Thank you. MENDENHALL: And the last public comment is from Ed Stizza. PALLES: Excuse me? MENDENHALL: Yes. PALLES: I submitted a form to comment, Faryl Palles? STIZZA: Good evening, council, staff and Mayor and Vice Mayor. I hope things are well and a Happy New Year to everybody. I haven't got a chance to say that to a lot of you. So I'm going to try to be as quick as possible with this, so that I don't eat up my three minutes. But I want to put a big thank you out to the previous town council. You guys all deserve credit for being up here. This is not easy and it's time consuming. And TOWN OF FOUNTAIN HILLS Page 39 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 39 of 124 so it's a really a big deal. Everybody should be thanked. And I want to put a special thank you to both Gerry Friedel and David Spelich for listening during that time period of the last council, listening to the residents. So there's a couple things. It was good -- oh, and thank you for joining all of us in this next couple years and I hope that you guys can do a much more thorough job as far as looking at all the details that we've kind of not -- we've kind of superseded. And all those have to do with the same four things that I talk about all the time, which is aesthetic, density, our dark skies, and also our way of life in Fountain Hills. I've heard a lot of comments tonight that relate to those and we just all have to do a better job at it. And it's not easy, but it's something that I think is very important. And so it was nice to see that we now have a form -- I had asked this for the last couple of years, actually, if there was some way to present to the public and to the council, both P&Z and in these chambers, some sort of PowerPoint presentation. I read the form and we can now do that. So that's a pretty big deal and because I think pictures being presented by the residents here in Fountain Hills along with the verbiage -- I don't care if it's stretched out to ten minutes or three minutes -- will actually describe a lot better on some of these subjects and we can get through them possibly quicker. So that's a good thing. And even though the gentleman didn't speak tonight, I was also looking forward to hearing him. So there's a couple things to talk about with our painting ordinance. I'm hearing we don't have enough as far as any sort of authority to start to control our color schemes in this town. The ordinance states that we have desert colors that are supposed to be accepted and approved. Our town's starting to be painted black, white and gray. I don't know many of you are paying attention. I'm sure you are, but we've got to look at a painting ordinance that's going to stick, so our town doesn't look as bad as it does right now, so. Thank you. PALLES: (Indiscernible)? MENDENHALL: Yes. And state your name for the record, okay? PALLES: Faryl Palles. I'm addressing agenda item I, the administrative policy for invocations. TOWN OF FOUNTAIN HILLS Page 40 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 40 of 124 MAYOR DICKEY: Ma'am, would you like to wait until we're talking about that item? PALLES: Oh. MAYOR DICKEY: It's up -- PALLES: Okay. MAYOR DICKEY: Because then we can -- PALLES: No, I'm sorry. MAYOR DICKEY: -- go back and forth. It's up to you, but you're able to speak -- PALLES: No, that's fine. MAYOR DICKEY: Okay. PALLES: Absolutely. MAYOR DICKEY: Thanks very much. I think these comment -- everything we have here are agenda related, right? MENDENHALL: Right. MAYOR DICKEY: I'm not sure about the one that has to do with the minutes, though. Is that something that -- MENDENHALL: It's actually -- we -- MAYOR DICKEY: Okay, thank you. So that one, we don't -- we're not going to -- so we can just do the consent agenda? MENDENHALL: Right. MAYOR DICKEY: Okay. Great. MENDENHALL: But we can just say there was a comment about the minutes from Dianne Price. MAYOR DICKEY: Okay. Thank you. So our next item is the consent agenda, and do I have a motion to approve? Is there any recusals or anything? MCMAHON: Motion to approve the consent agenda. MAYOR DICKEY: Thank you. GRZYBOWSKI: Second. MAYOR DICKEY: All in favor, please say aye. ALL: Aye. TOWN OF FOUNTAIN HILLS Page 41 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 41 of 124 MAYOR DICKEY: Thank you. All right. The first item that we have on our regular agenda has to do with the appointment to all the boards and committees and all of the activities that we have. First of all, I want to thank you all for submitting what you want to do and you know, as you can see with GPEC, it's really important to be available and to be at the table and be at these board meetings. So everybody that requested, that's what there. We don't have to take any action, but I just want you to see that and that'll become part of our record. All of these organizations, we'll contact them and they'll let you know when they meet. One thing I did want to mention to Gerry, because you had mentioned interest in economic activities, that we do have the Canadian [sic] Arizona Business Council that I believe Amanda might go to once in a while. I was going, but if you're interested in that, we can talk about that. It's Fridays --I think it's just every quarter. But there's a lot of stuff that goes on there, so if you're interested in that we can do that one and we can just do that separate from here. So is everybody good with it? Okay, thanks. Our next item is a public hearing -- here I go -- about adopting a short-term rental, vacation rental annual fee. So Grady, would you like to start, please? MILLER: Yes. I'm going to go ahead and have our finance director come up. This is a follow-up that we had with the council on when the council last October reviewed the short-term rental ordinance and regulations and then it was adopted, I believe, in November, and then we had some follow-up. We wanted to also put this fee in place and so we had some discussion with that. I'll turn it over to Mr. Pock, who will be presenting a report on this. POCK: Thank you, Mayor and councilmembers. So as Grady mentioned, this is kind of a follow-up to the November 15th meeting. At that point, ordinance 22-09 was passed. This is a fee that goes along with that. There is a requirement that that fee be posted on the website for 60 days, so after that ordinance was adopted we posted it on the website and here we are with the public hearing. So as far as short-term rentals overall, there is a little bit of background. Senate TOWN OF FOUNTAIN HILLS Page 42 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 42 of 124 Bill 1168 was passed last session and signed by the governor in July. That basically allows local governments to regulate short-term rentals, to require an annual permit and to collect a fee for that permit. Short-term, just for your information, is defined as anything less than 30 days. Once local government make applications available, owners will have 30 days to apply for that permit. It allows local governments to collect fines and suspend permits for repeated violations. And before I get off this slide -- oh, I'm sorry, he left. I was going to acknowledge Senator Kavanagh. He's worked year after year, trying to get these statutes revised so that we would be able to have a little bit more control, but he left, so -- All right. So as far as ordinance 22-09, it was passed on November 15th. It requires each property that is advertised and rented as an STR to obtain an annual permit. The application will require owner information, emergency contact information, proof of a TPT license, proof of registration with Maricopa County Assessor as a rental class property, proof of liability insurance, and then acknowledgment of the regulations and the ordinance and attestation of compliance with those regulations. The proposed annual fee is $250 per property per year and would be effective February 1st. As far as the process, which is kind of the part of this that the finance department's going to be involved with, STR owners are being notified. We've had newspaper articles, social media posts, emails, received numerous phone calls. I've also met with some local groups to do some presentations. I'd like to thank the economic development director for doing one last week. The application forms will be available at Town Hall in printed form, as well as online in electronic form, and we're planning on that happening February 1st. It's a lot to do, but that's what we're shooting for. We'll begin processing those applications as they're received. If there's any missing information, those applicants will be notified. Once we do have a complete application, we have seven days to issue the permit. And that is all I have as far as a presentation. I'd be happy to answer any questions, or try to. MAYOR DICKEY: Thank you. I think I'm going to ask for public comments since it's a hearing first and then we TOWN OF FOUNTAIN HILLS Page 43 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 43 of 124 will ask questions. So do we have any public comment on this item? MENDENHALL: No public comment, just a written comment that's in your packet from a Debbie Elder, who is inquiring about the fee being too high and has some comments about that. MAYOR DICKEY: Okay. Thank you so much. Yes, councilman? FRIEDEL: That was going to be my question. That fee, is that just covering our costs, basically? POCK: Part of our costs that are going to be involved with this. As part of this, we have subscribed to a software program to identify short-term rentals. It basically scours the internet for listings, matches those up with addresses, then we can track compliance based on those findings. That's about $27,000 a year. It's going to take a 110 properties paying that fee to cover that cost. We do have somewhere between 350 to 400 currently. UNIDENTIFIED SPEAKER: Wow. POCK: But then there's also the staff time with finance development services and then code compliance, sheriff's department, fire department will all be involved, so -- FRIEDEL: Thank you. MAYOR DICKEY: Councilwoman? MCMAHON: So what you're saying is, this fee is just -- UNIDENTIFIED SPEAKER: Paying -- MCMAHON: -- basically a nominal fee, compared to what our costs are? POCK: Yes. MCMAHON: And it's going to enable us to continue to monitor, keep track of the rentals, et cetera, and the revenue that we normally receive on them in addition to this, et cetera? So -- POCK: Correct. MCMAHON: -- right. MAYOR DICKEY: Councilwoman? MCMAHON: Thank you. TOTH: Thank you, Madam Mayor. TOWN OF FOUNTAIN HILLS Page 44 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 44 of 124 I was wondering how, if it doesn't necessarily cover our full cost -- you said that it covers part of it. POCK: Correct. TOTH: I'm wondering how we reached the $250 number. POCK: That's set by statute. TOTH: Understood. POCK: That's -- yes, ma'am. TOTH: Okay. POCK: And that is -- and I will add that the local governments that I've seen that have already enacted a fee, it's been $250. TOTH: It has been? Okay. And do we have a neighboring community who's also done this already? ARNSON: Yes, we do at least have -- Scottsdale did it. POCK: Scottsdale. Tempe, I believe, has also passed theirs. ARNSON: Yeah. Those are the two that I was aware of. I can't say that I know of more. There may be others. TOTH: So obviously, you may not have the breakdown of the staff hours and those slightly less tangible costs. But do you have a number of what -- would make sense? Because what I'm hearing, and I may just be misunderstanding you, is that we have 300 to 400 short-term rentals right now paying the current fee. Do you believe -- POCK: There is no fee now. MAYOR DICKEY: We don't have a fee. TOTH: Okay, sorry. POCK: So we're doing 100 percent better. TOTH: 300 to 400 short-term rentals at the moment. POCK: Yes. TOTH: So are you expecting less than half of them to actually get the permit that we're looking for? When you say it doesn't cover our costs, that's where I'm getting held up. POCK: Okay. So even if all -- let's say we had 400 rentals. They all paid the $250. We would most likely -- and a lot of it depends on, you know, how much compliance we get. It would be less time that the code compliance officers would have to go out, try and TOWN OF FOUNTAIN HILLS Page 45 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 45 of 124 locate people, track people down. So I mean the more time -- if everybody just voluntarily complied, we'd probably be in a lot better shape. But we just know that not to be the case. So it is just basically a staff time. So if we got a third of the expected revenue being used for software to identify people that aren't complying, so that we can send out code compliance officers, or do a fire safety check, or noise complaints, or responding to citizen complaints, you know, it's going to be kind of a hard number to -- TOTH: Okay. POCK: -- say this is what it's going to cost us, but -- TOTH: All right. Thank you. POCK: Um-hum. MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor, Mr. Pock. Just I do want to echo that -- is that the -- you know, the fees are supposed to just cover our cost. But the other question I have, is that part of the statute allow us to require an insurance. POCK: Correct. SKILLICORN: Is this included -- what was passed back in November? POCK: Yes. SKILLICORN: Okay. That's great to hear. I would hope that this council when we readdress the commercial drug houses in our neighborhoods include that also. MAYOR DICKEY: Any other questions? GRZYBOWSKI: One quick question. The 250 was a number that we discussed in November, right? I didn't go back and look at the notes, but I feel like we did. UNIDENTIFIED SPEAKER: I think we did, yeah. POCK: I think it would be, just because it was a maximum. But I'm not sure. ARNSON: Yeah. Mayor and council -- MAYOR DICKEY: Because the statute -- ARNSON: I'm sorry, Mayor. Go ahead. TOWN OF FOUNTAIN HILLS Page 46 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 46 of 124 MAYOR DICKEY: I was going to say, because it's in the statute or -- ARNSON: Yes. I believe that the context in which it came up was that that is the statutory maximum that we're allowed to charge. GRZYBOWSKI: The only thing I checked was the vote and the vote was unanimous. That I did check, but I forgot to check the money part. Thank you. MAYOR DICKEY: Thank you. And just on that other item, the legislature gave us permission, for lack of a better word, to require insurance, so we don't have that on other businesses in the town. Are there any other questions or comments? I'll close the hearing. KALIVIANAKIS: Yep. Don't forget me, please. MAYOR DICKEY: Oh, go ahead. Sure. KALIVIANAKIS: Thank you, Ms. Mayor. In the legislation that was passed in 2022, it also allowed for licenses to be suspended for 12 months with 3 health, safety, noise nuisances. Was that adopted as well? POCK: Yes. KALIVIANAKIS: It was. When do you expect to get the compliance software? Or do we already have it? POCK: So the first part of that is the identification part, which they're working on now. We should have that list or that part of the software available for us in February. As far as the registration and the compliance part of it, probably won't have that until April or May. We do have another process that we can use until that is up and running, so that we'll be able to start taking registrations in February. KALIVIANAKIS: It would just be a manual process, I'm assuming? POCK: We have -- yeah. So currently right now, we have capabilities with a form online, kind of like what we use for our business licenses, or had used for our business license, where they fill in the form and then it takes them to a payment portal at the end and then we receive a report the next morning. KALIVIANAKIS: Okay. So then right now, it's just voluntary compliance? POCK: Right now it is, yes. KALIVIANAKIS: Okay. TOWN OF FOUNTAIN HILLS Page 47 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 47 of 124 POCK: And there is no follow-up, I'll say that as well. KALIVIANAKIS: Okay. MAYOR DICKEY: Thank you. Close the hearing. Any other comments or questions? I'll take a motion, please? MCMAHON: I move to adopt resolution 2023-01. MAYOR DICKEY: Thank you. FRIEDEL: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Passes unanimously. Thank you. Our next item is a special use permit for golf ball fences on Brittlebush Lane. Grady? Or John? MILLER: John. WESLEY: Good evening, Mayor and council. Let me get this presentation up. As stated, this is a request for a special use permit for a property on Brittlebush Lane for a golf net. You can see on the map the location of the property and its relationship to the golf course. Focus it in just a little bit more, you can see the distance from the closest tee box. The house and property are subject to golf ball strikes. There's an expert report that the applicant submitted that estimates there could be as many as 250 balls per year threatening the property and that those balls could be striking property as much as 97 miles per hour. Here are some photos that were provided from the applicant showing some of the strikes that have happened on their property and I believe the one next door to the west. So council in 1998, after some extensive discussion, adopted the golf ball net ordinance, or golf ball fence ordinance, to provide the opportunity for residents to install these nets along golf courses based on certain criteria that were listed in the code. At that time, all the golf fences required approval of a special use permit. A couple years ago, the council amended the ordinance to allow ones that met the specific criteria to be TOWN OF FOUNTAIN HILLS Page 48 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 48 of 124 approved administratively and only those that did not meet those criteria to have to come to council still for a special use permit. And you can see those primary requirements in the slide there. Excuse me. So in this particular case, the owner did not meet the criteria because the nets that we'll talk about in just a minute were too tall, did not have the adjacent property owner agreeing to the height to meet that setback, and then also they were proposing a horizontal fence on the west side of the house which did not specifically follow any of the code provisions. So here is the lot a little closer up. It's in SunRidge Canyon on Parcel A. It has a little bit of a unique plat situation. The actual lot boundaries are shown in the blue on this slide. But when you look at this slide, you'll see those yellow areas. The one on the east side of the house, while it's part of lot 8, there's a use and benefit easement that allows the owner of lot 9 to use that 5-foot area. And similarly on the west side of the house, that yellow stripe to the left or the west of lot 8 is actually part of lot 7, but the owner of lot 8 can use that. So it gives them more -- a useful side yard instead of splitting it into smaller pieces. The original request that was submitted by the applicant. Along the north side of the property, they're requesting at least a 25-foot tall fence along that north side adjacent to the golf course and would really prefer as high as 33 feet, based upon the study that was done showing the trajectory of the balls -- need to be that high to keep them from actually hitting the house at any point and going over the house. And then it also shows on the west side a net that would cover horizontally the pool area with the support posts on the west part of that actually in that use and benefit easement on the adjacent lot, shown here in that yellow area. This is an illustration of the fences that were proposed. Again that north side, the maximum 33 foot is what they would like to have had, and then on the west side it was showing that at 18 feet to cover the pool area. Section 2.02(D)(5) of the ordinance gives some direction on the considerations for review and approval of special use permits and basically that we should look at the impact on health, safety, welfare of persons on the property and in the neighborhood, and TOWN OF FOUNTAIN HILLS Page 49 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 49 of 124 its impact on the town. Planning and Zoning Commission reviewed this at their hearing last month. The applicant was there, a number of citizens also. As they reviewed it, citizens had a number of concerns of how it might block views, impact their property values, impact long-term maintenance, or how the net might be maintained long-term and what that would do to the property. After a discussion, P&Z made a motion to approve only the horizontal net on the west side of the house. They had a 3-3 split vote on that and no other motions were made. So this comes to you without any specific recommendation from the P&Z Commission. SunRidge Canyon also has an HOA. This would ultimately need their review and approval, also. I've been in contact with them through the process to see how they are looking at this. My particular concern was that use and benefit easement and what could really go in that use and benefit easement, if the support posts would be allowed there. At this point, the HOA has not approved the nets. They are waiting to see what the council does. But they have determined that the poles for that net on the west side could not go in that easement. They would have to stay on this lot's property. So since then, with that input that the applicant has received, while they would still prefer to have the nets approved as originally proposed, they have submitted an alternative that they could still work with. It would provide protection for people on their back patio, which is that northwest portion of the house and provide protection of people in the pool. It would not provide as much protection for the house itself, however. And so this would be to have a net along that north part of the house, but only 11 feet tall and then connect to the house itself. So it has that horizontal net that would then substitute for the height of a net to protect anybody that would be in that patio area. And let's see if this slide's working. So that patio area -- the covered patio area is right in here and so it would protect people in that area from -- whoops -- from the balls and still also the net on the west side, but they're showing it pulled back someplace close to that property line. It's hard to tell from this without actual survey type drawing to know for sure those support posts can fit on their property or not. That would have to be resolved if this is approved before a building permit would be issued. TOWN OF FOUNTAIN HILLS Page 50 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 50 of 124 So that's their revised proposal for you, if you're not able to approve their original request. So based on the location of this house, how it lays out with the other adjacent lots, there's the golf course, it does appear this property is a little bit more subject to the golf ball strikes than some of the adjacent properties would. Photographic evidence shows that they do, indeed, get a number of golf ball strikes. We have the expert analysis that shows some high velocity balls would hit this property and would be a danger to people there. The town has approved other golf ball nets. I've got six that show up on my map. I'm not sure if all of them are there, but I know there are at least those six, and but there are none others in SunRidge Canyon that we're aware of. It would have -- particularly the original net -- would have some impact on the views from the adjacent properties. The reduced one would have less of that impact because it is below the ridge line of a house. This condition has been there for approximately 25 years. Previous owners have not had a significant concern enough to apply for a net in the past. Excuse me. These nets as they are now being proposed are mostly horizontal nets which again don't exactly fit what's considered in the code. That's part of the reason we wanted council to look at this. It would be more similar to shade structure at this point, but again because of the setbacks we'd normally apply to a shade structure, it wouldn't meet those requirements. Just for comparison, if we were talking about any other type of accessory structure on a lot, those could go up to 12 feet if they were a small structure under 120 square feet. If they were a large structure, 15 feet. So these as now proposed at 11 feet would be shorter than we would allow any other type of accessory structure. So again, P&Z was not able to provide you with a recommendation on this. Staff recommends approval of the revised fences as they will protect the property as envisioned by the Town Council when they approved the ability to have these types of nets. And with that, I'll take any comments or questions you have. I know the applicant is here and probably a few other folks. MAYOR DICKEY: Thank you. TOWN OF FOUNTAIN HILLS Page 51 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 51 of 124 I'm going to open the hearing. Why don't we hear from the public, if there are any comments? Yes? And then I think the applicant's here and we can discuss. MENDENHALL: First, we have Rick Kennamer. KENNAMER: Good evening, Mayor, councilmen, councilwomen. My name's Rick Kennamer and I am the neighbor directly to the east that's probably got the most impact visually of this structure. I was unaware until earlier today that the design had changed and for us, you know, I get the safety thing. We live right next door to them. We get -- I've started counting now. From the 1st of December, we've gotten five golf balls in our yard. So six weeks. And that's probably pretty average. I can't speak for the Johnsons. I don't live in that house. But I do know that this is our only home. This is our retirement home. We moved here to retire and I don't want to go out my back door and be looking at some ugly structure that's going to negatively impact my property value. And that's pretty much for us. I just don't want to look at an ugly structure and I don't want my property values impacted. Thank you. MENDENHALL: Next, we have Kenneth Gibbs. GIBBS: Madam Mayor and Town Councilmembers, my name is Kenneth Gibbs. My wife and I live on Brittlebush Lane alongside the 11th hole of SunRidge Canyon golf course. Having reviewed the recently updated plan, we oppose issuing applicant a special use permit for golf netting at 15816 Brittlebush Lane, although it represents a marked improvement over the previous design. As a critical reference point, SunRidge Canyon was constructed in 1995, predating the construction of any houses on Brittlebush Lane. There have been no substantive changes to the number 11 fairways since 1996, mostly due to the limited space. Personal and property safety is always important, and property along a golf course always comes with presumed risk that must be recognized and accepted. My wife and I purchased our residential lot in 1996 and occupied the completed dwelling in April of 1997. We're the first buyer and fulltime occupants on East Brittlebush Lane. We selected a lot with a good view and about 15 yards beyond the TOWN OF FOUNTAIN HILLS Page 52 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 52 of 124 forward men's golf tees. I expressly told my wife that I did not want to be further down the fairway because of risk of errant golf balls. I realized that Arnold Palmer, Jack Nicklaus, Gary Player, and other great golfers of the day sometimes hit errant golf balls out of the fairway and sometimes onto an adjacent fairway. One should realize that this course is open to the public, so presumed risks are high. During the due diligence before purchase on your plat in 1996, we were advised by the builders agent that special netting was not permitted. I realized that errant golf balls could damage stucco walls and roof tile, which would necessitate repair. These were reasonable risks that we were willing to accept for the scenic view behind our house with grass that I did not have to mow, and no residences immediately beyond the rear of my property. We specified shatterproof glass for windows along the backside of our house and we installed a sun and wind sensor-activated automated retractable awning above the patio. We acknowledged and accepted the risks for our actions. One would expect that even a moderately experienced homebuyer would anticipate these presumptive risks. Surely a personal site visit to the home prior to purchase would reveal such risk and if a site visit were not convenient or possible, reschedule for an acceptable viewing time. Even after the acceptance of a purchase offer, the customary preclosing home inspection by a qualified person should elicit a comment of such presumptive risk. Once one special permit is issued, others will follow, and there goes the neighborhood. Let's keep the home ownership rules that have contributed to SunRidge Canyon being a community long known as an established premium community. Thank you. MENDENHALL: Next, we have Jim and Carissa Johnson. Did you want to each speak separately? J. JOHNSON: Yes, I do. MENDENHALL: Okay. Okay, so -- J. JOHNSON: We're the owners. We purchased this home and just recently and if you read the report by our experts, there's a real problem. We're going to get 250 based on his modeling to 300 golf balls a year. TOWN OF FOUNTAIN HILLS Page 53 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 53 of 124 After purchasing the home, we moved into it to do a complete remodel and we were getting eight to ten balls a week. Subsequently, because of the law we had to rent it to a tenant for a year and he's now getting that same number. He's collected 78 balls, not counting the balls that his daughter was throwing back to the golfers, not counting the balls that he was giving -- I guess his daughter was giving to her boyfriend who plays golf. And that's just since we rented and I think that was back in March -- April -- maybe April or May, when the market's slowing down. The main point I wanted to address is I'm not so concerned about the house. We expect to get hit, okay? But because of its unique location, it sticks out there and we get hit more than anyone else is getting hit and it's extremely dangerous. Balls are coming in guesstimated at 97 miles an hour. That'll put you out. That'll end your life. That's what I'm concerned about. We've modified our plans so that it's not a vertical net, 33 feet. If you want to approve that, that would be great. But if you don't, we're asking for a horizontal net that'll just give us some shelter, 11 feet in the backyard that'll look good. We'll paint it. And incoming rounds will bounce off or it'll stay up there. All we're trying to do is protect ourselves, our kids, our grandkids, anyone else that is in the property. If it hits, makes a mark, I can patch and repair. We currently live on a golf course. We have nothing like this, the number of balls. The people that signed the petition against it also live closer to the tee. They're not impacted by anything resembling the number of balls that we receive. If you've read -- again, if you read the report -- if you haven't, I have copies for you -- he's extremely qualified and I'll leave it at that. Carissa, did you want to say something? C. JOHNSON: Yes. First of all, we're not -- well, thank you for hearing us today. We're not 100 percent sure if the previous owner had problems with golf balls, but we are aware that he gave the person that was maintaining his pool a giant basket of over 400 balls that he had collected there. It's possible that he chose to not disclose the volume of the balls because it would impact the price that he would obtain for the home. He also illegally and without the knowledge of the neighbor on the west side, TOWN OF FOUNTAIN HILLS Page 54 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 54 of 124 patched, stuccoed and painted that home so we were not able to see the volume of strikes on the home. We lived there for four months while we were doing the remodel. This will be possibly our fulltime home, possibly six-plus months a year, so we intend to live in this home. I was sitting outside one day in the patio just to the south side of the pool and a ball came whizzing over the house and hit about three feet away from me. It put over a half an inch hole in the stucco next to me and then it bounced off, hit the other wall, and also put a hole in that wall as well. And the analogy that I would like to use as far as the golf course has been there 25 years -- if there's a road that's existed for 25 years and there's more and more traffic on it, at some point if someone chooses to go to a council and say, hey, could we please have a stop sign here because we're seeing a lot of accidents because of the increase in the volume? That's basically what we're asking. The gentleman that did the report for us said that initially when the SunRidge Canyon golf course was built, they were not having the high number of -- the amount of volume of golf rounds that they are having today. So we did do our due diligence. We were duped by both the agent as well as the seller, who went to great lengths to hide exactly what was going on in the backyard, and we would like to be safe in the backyard. I don't care about property damage. We can take care of property damage, but we can't fix broken people. Thank you. J. JOHNSON: I don't know if we have any more time left, but if you have a question for us, I'll try and answer. MAYOR DICKEY: Does anybody have any questions for the applicant? Yes, councilwoman? TOTH: I do have a quick question for Plan B, the horizontal net. Would any of that have to go into that easement? The poles? J. JOHNSON: Okay. Plan B is the north side, which is the top. TOTH: Understood. J. JOHNSON: That's okay. And the west side is the one here to the left of the pool. So the north side, which is Plan B or the second plan, there's no easement there. But there is a setback, which we would need a variance, I guess. John -- Mr. Wesley TOWN OF FOUNTAIN HILLS Page 55 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 55 of 124 would know. So that we could get it as close to the wall as possible. Because when you put a pole in the ground, you have concrete around it, right? So you've got a pole, concrete around it, so we'll probably need 12 inches for a 10, 11-foot pole okay too, for the height. So we would need a variance on that. We just need to get as close to that wall as we can to put a pole up. It should not be visible from the neighbor's house because we're going to put it on the other side of a tree. So my neighbor comes out, he looks to the left, he sees a wall and then he sees a tree, and he shouldn't be able to see this because I'm going to put the net behind the tree away from that corner property line. So we're bending over backwards to do everything we can to make everybody happy. And again, I'm not worried about the ball hitting the window and I got to replace the window. We know that, okay? It happens. What I'm worried about is stepping outside, and I almost got hit. Our painter got knocked off his ladder when he was out painting. We had the pool guy coming in and he's doing the pool and balls are flopping in the pool. We're just trying to mitigate a situation that should've been addressed a long time ago. Now why people don't come out and say, hey, I got a problem -- I don't know. Maybe they just sell and move on. And that's not our M.O., you know? We bought the property to be in the property, to have the property for the duration. So it's not like we're trying to come in and flip something or change the nature of the neighborhood. So that north side, again, shouldn't impact anybody. When you drive by it, you're not going to see it. Unless you got a drone, you're not going to see it. If you're hitting balls on the golf course and you look over there, it'd be really hard to see because there are trees over there. You can't see it from this drawing or the picture, but there are trees on the downside. So that's the first thing you're going to see are trees. I'm going to paint the poles to blend in, however we have to do it. We got a painter. He knows how to blend things. We're going to blend them in. They're going to look good. The nets are top grade, the best netting you can get, and it's going to be expensive. Willing to do it because, you know, you can walk outside and enjoy your backyard. Someone can visit you. They can TOWN OF FOUNTAIN HILLS Page 56 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 56 of 124 be outside and not have that ball come whacking in there and bouncing off. FRIEDEL: What's the cost going to be? J. JOHNSON: Well, I don't have the last number, but it's got to be at least 15,000. I figure 15,000 to 20,000. Is it just because there's basically one company called Nets Unlimited that does this kind of thing for everybody. You have a tennis court, they'll build it. You got a school and you need a net or you know, fencing, they'll do it. But that's the number I've got. Just for the one on the corner was 11,000, and then we've got the west side, okay? And the west side, the way we've got it drawn here, if we can get it in, that west side is additional netting. So what's that? Is that 8,000? 10,000? I'm not sure, you know? I'm waiting for them to go out and they're going to -- they're finally going to tell me -- give me a number when I can tell them, on this date you can do the whole thing. If they have to come out twice, it costs me more, okay? But it's going to be, I'm guesstimating 20,000, 25,000. FRIEDEL: Can we ask other questions in comments? Okay. Did you explore any solution with the HOA and the golf course? J. JOHNSON: HOA -- oh, okay. Now we're getting into this neighborhood thing. My neighbor, his wife is a member of the HOA or the board. She walked around with this anti-net petition and kind of stirred up a bunch of stuff. And the HOA who had subsequently -- or prior had basically approved the netting on this side, then said, well, we don't know if we really want to do that, and now we really don't want to do anything before you take it to the Planning and Zoning. And now with the Planning and Zoning, we really don't want to do it until you go to the city. And then once you go to the city, if the city approves it, we really don't want to approve it until you've got your permits pulled. So HOA hasn't been particularly helpful as far as I'm concerned, and I don't know -- I mean, I've sent them all the reports. I've sent them all the documentation. I've asked them to come out to the property. Mr. Wesley was gracious enough to come out to the property and actually look and see what's going on with that property. And he could look over the fence and see what's going on next door. Nobody's impacted like we are. TOWN OF FOUNTAIN HILLS Page 57 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 57 of 124 As far as the golf course, I've talked to the owner there and he's very reluctant to do anything. FRIEDEL: My point is -- J. JOHNSON: Okay. FRIEDEL: -- you'll be the first one in this neighborhood with one of these. It's going to look kind of like Topgolf in my estimation -- J. JOHNSON: No, no -- FRIEDEL: -- with these nets all over. J. JOHNSON: No, no. FRIEDEL: Do your -- J. JOHNSON: Only one on the northeast corner. The northeast corner that was going to be 33 feet, that one you can call Topgolf, okay? My experts say, this is what will prevent you from getting hit by a golf ball. Okay. The second option I proposed was the netting on the north that's horizontal. Not vertical, horizontal. You have a net over the top of you, that you're not going to see from the street as you drive by and you're not going to see probably from being a golfer -- C. JOHNSON: Tell them the height of those. J. JOHNSON: The height? The height is 11 feet, sloping to 10 feet. FRIEDEL: The two neighbors that were up here and spoke, are they good with that? Or are they still against even the 11 -- J. JOHNSON: I don't know. I can't -- C. JOHNSON: The second gentleman who spoke is not a neighbor. He's not even remotely close to us. The first gentleman is a neighbor and he is on the -- J. JOHNSON: He's the one that complained. C. JOHNSON: Yes. On the east side. UNIDENTIFIED SPEAKER: I take exception with that. MAYOR DICKEY: Okay. All right. C. JOHNSON: Well, how many homes away are you? UNIDENTIFIED SPEAKER: I'm (indiscernible). MAYOR DICKEY: Okay. We're not going to go back and forth with this. I think we do TOWN OF FOUNTAIN HILLS Page 58 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 58 of 124 have some fair questions, though, to ask your actual neighbor, what he feels he will see with the horizontal and the objection that you have with that. If that's okay, Gerry? FRIEDEL: Well, I have one more point. MAYOR DICKEY: Okay. Go ahead. FRIEDEL: For $25,000, I think you could probably put some trees in that would drive these golfers in another direction and you would have a natural solution and your neighbors couldn't be upset with that. J. JOHNSON: Okay. I've asked the owner of the golf course, is there anything you can do? And he says, no, there's nothing I can do. You know, I don't want to help, blah, blah, blah. You know, it's my business. You don't want to run my business. Okay, fine. Could you do this? The tee boxes, could you twist the tee boxes, because your righthanders are going to hit it this way. What's happening also is that people are trying to cut the dogleg. There's a dogleg. They're trying to save a stroke by cutting the dogleg. If it hits my house, not a big deal. They lost the ball. And that's kind of what's going on with that. I've asked him, could you put a tree up there where the dogleg is? C. JOHNSON: The dogleg would be approximately in this area. J. JOHNSON: Okay. C. JOHNSON: No, I think so. J. JOHNSON: You see kind of where that dogleg is right there? C. JOHNSON: So they should be shooting this way, but they try to cut it by going this way. And we've talked to a number of golfers when their balls have landed in our yard and we've said, are you trying to cut the dogleg? And they say, well, yeah, of course. And the reason why we can't put up trees is because the distance from our house to the fence line is only about 10 feet. And there's also a limit of 20 feet high for trees. Well, those balls are going over the house and hitting the wall and it's -- I would welcome any of you to go out and see. The ball strikes are anywhere from, you know, 4 inches up, all the way up into the neighbor's, you know, tiles and it's breaking their tiles. And those balls just come over the house and you wouldn't think a trajectory like that would come in with the velocity that it does, but it's incredibly dangerous. J. JOHNSON: One more thing on that, I asked the owner of the golf course, I said, you TOWN OF FOUNTAIN HILLS Page 59 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 59 of 124 know, the other thing is, if you could just rather than -- twist it a little bit like this, could you do that? And he says, well, maybe, maybe. Okay. If you put a tree here, you know, right here, people are going to want to hit this way. So if we twist and we put a tree, could we do that? He said he would do that or he'd take it under consideration. I was out there today. I don't see anything's been done, so I don't think he thinks it's an issue, you know? And you know -- MAYOR DICKEY: Excuse me. I think Vice Mayor has a question for you. J. JOHNSON: Sorry. MAYOR DICKEY: Yeah. MCMAHON: Good evening. And I appreciate and understand. I live on a golf course as well and errant golf balls are extremely dangerous, even if you just get one or two. They're extremely -- especially when you're outside with your family in the pool. It sounds to me like you have conducted a thorough investigation. And now it sounds to me like what you're trying to do is accommodate everybody, accommodate where your house is and have a solution that is going to be aesthetically as best as it can be and even probably enhance your property's value in the long run, since you know this and you're going to have to disclose it on sale. J. JOHNSON: We will disclose it. MCMAHON: Right. I know. J. JOHNSON: (Indiscernible). MCMAHON: You're going to have to because you have knowledge, if you're up and up. So it sounds to me like this is going to be a workable solution. My question -- and with your concern about the paint and all that -- and there's no intrusion on the neighbor? C. JOHNSON: No. On this side, let's see -- J. JOHNSON: You mean with the neighbor, the Kennamers? Okay, no. C. JOHNSON: So right -- J. JOHNSON: It's going to be on -- TOWN OF FOUNTAIN HILLS Page 60 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 60 of 124 C. JOHNSON: Yeah. J. JOHNSON: It's going to be on the west side of the trees. Right on the corner there's a tree, which you can't see. C. JOHNSON: Right there is a large tree, and we were planning on starting the horizontal netting here and that tree's what, about 15 feet high? MCMAHON: Um-hum. J. JOHNSON: No, it's about 10 or 11 feet. MCMAHON: Okay. C. JOHNSON: Well, 11. And so we'd be going down from the height of the roofline, which is low -- MCMAHON: Right. C. JOHNSON: -- it's a one story -- down to 10 or 11 feet. MCMAHON: Okay. C. JOHNSON: So we -- I don't know how it would possibly be visible from this yard because -- MCMAHON: Okay. C. JOHNSON: -- of the tree. And furthermore, the fencing that we proposed in the west area as well would not be visible from the road because it's set so far back. MCMAHON: Okay. C. JOHNSON: In my estimation, the only people could see it would be the golfers. MCMAHON: I know, but it sounds to me like you're accommodating your house and the structure you have to work with, so that it is aesthetically not interfering with anything or any other property value, et cetera. My question is maintenance. I mean, do you plan to maintain it? J. JOHNSON: (Indiscernible). MCMAHON: I mean, as nets age they get holes in them, et cetera. J. JOHNSON: We want -- MCMAHON: And will that be part of the agreement with the SUP, something like that? C. JOHNSON: Absolutely, 100 percent. J. JOHNSON: Yeah. Oh, yeah. MCMAHON: Okay. TOWN OF FOUNTAIN HILLS Page 61 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 61 of 124 J. JOHNSON: Just like -- and with the HOA, you know? You've got to paint your house. MCMAHON: Right. J. JOHNSON: It's got to look respectable, you know? C. JOHNSON: How much did you spend on a new (indiscernible)? MCMAHON: Well, thank you. I appreciate your time. I hear your frustration. J. JOHNSON: The report alone was $3,000. MCMAHON: I'm sure. J. JOHNSON: (Indiscernible). MCMAHON: I'm sure. MAYOR DICKEY: Councilman Skillicorn? SKILLICORN: Thank you, Ms. Mayor. Just one quick question. On Plan B, there's two nets, correct? What are the height of those -- what's the maximum height on those two nets? J. JOHNSON: Okay. On Plan B, it's 11 feet going to 11, or 11 going to 10, just a slight slope, depending on -- and some of this depends on the guys when they get out there. They've got to attach it. So if they say, well, it's 11 but gee, Jim, to get the right slope we got to go to 10. And they've been out to look, but you know, again, they're not engineers. You know, I'm not building a Boeing airplane or anything. So it's going to be 11 to 10, or maybe 11 to 11, something like that, on the north side. Same scene on the west side. Originally, it was drawn as 18 feet and then, I guess, the P&Z said, okay, you can have 15. I don't need 15. You could see 15 from the street, you know. But 11, you're not going to see because you've got the setback and you can just see the side of -- or where the house is towards the street. That's probably 30 feet, plus you've got another 50, 60 feet to the street. So you shouldn't be able to see that. If you're seeing that, you're just looking. You're looking to see that. MAYOR DICKEY: So that -- SKILLICORN: So both nets are 11? J. JOHNSON: Both nets should be 11 to 11 -- TOWN OF FOUNTAIN HILLS Page 62 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 62 of 124 SKILLICORN: Okay. J. JOHNSON: -- or 11 to 10.5, 10 -- SKILLICORN: Okay. J. JOHNSON: -- to give us a slope. SKILLICORN: Okay. J. JOHNSON: (Indiscernible). SKILLICORN: And then Ms. Mayor, when Mr. Wesley comes up, I have questions for him. MCMAHON: So that's in conformity with, you know, your roof? The eaves right there? J. JOHNSON: Yeah, it will be well below the roof. MCMAHON: It's in conformity to that particular height? J. JOHNSON: It's below. It's below that roofline, yeah. MCMAHON: Okay. J. JOHNSON: Yeah. MCMAHON: Okay. J. JOHNSON: We wouldn't want it above. It looks kind of ugly, you know? But if you get it below -- MCMAHON: Yeah. J. JOHNSON: -- there's enough room where you walk out, you're not walking into a cave. MCMAHON: Okay. J. JOHNSON: -- which is about 10 or 11 feet. MCMAHON: Okay. J. JOHNSON: So no. MCMAHON: Thank you. C. JOHNSON: Thank you. J. JOHNSON: And by the way, last but not least, we talked to people that wanted -- I wanted to put sails in there. You know, pretty sails. So we could do sails. C. JOHNSON: Wind sails. J. JOHNSON: He said, man, this is like a Venturi. When this wind blows through here, it's like a Venturi. He says, it'll rip those sails up, off, and I can do it, but that's like too TOWN OF FOUNTAIN HILLS Page 63 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 63 of 124 much. Then we looked at possibly putting the pergola -- MAYOR DICKEY: All right. J. JOHNSON: -- in part of that area. Well, that would give you some protection, maybe, but nothing like what -- C. JOHNSON: But it's also in the easement area as well. J. JOHNSON: It's also in the easement area. So we're really stuck and we're trying just to minimize and mitigate somebody getting hurt. And I think both of those plans, I think we've done our best to -- if they're not approved, I don't know what else there is for us to do. MAYOR DICKEY: Councilman Skillicorn has a question for John Wesley, please? SKILLICORN: Thank you, Madam Mayor. Mr. Wesley, you know, I know that there's a couple numbers like 15, 25, 33 in this original -- and I'm almost thinking, since this is an 11, it almost conforms to the administrative of SUP. The only difference is, is that we're close to the setback, right? We're too close to the wall. And the immediate neighbor. Is that the only thing there? WESLEY: Mayor, councilmember. Basically, yes. And let me point out, too, the tree that was being talked about is here. They were showing the net still coming all the way over to the property line, so if this moves forward with a motion for approval, it would probably be helpful to clarify that that really is staying to the west of that tree. And I agree, at that point they are getting to be that 11 foot distant from the adjacent property, 11 foot high, so that could've been approved administratively because it would meet the criteria at this point. SKILLICORN: So are you saying that Plan B administratively could be approved? Do they even need an SUP? Or is there an issue with the setback and the neighbor? WESLEY: For the net on the north, councilmember -- SKILLICORN: Um-hum. WESLEY: -- if they indeed move it over so it's west of that tree, then there would not be an issue with the neighbor to the east for that one. SKILLICORN: Okay. WESLEY: With the net on the west, however, there's still -- where my -- there it is. With this, there is still potentially an issue because of the property line that's here. Those TOWN OF FOUNTAIN HILLS Page 64 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 64 of 124 poles, first of all, need to either be on their property or I need something from that neighbor saying they're okay with them -- SKILLICORN: Um-hum. WESLEY: -- in that location. And we still -- we are, though, dealing with a structure that's encroaching into a setback at that point that doesn't exactly meet the code. And so I felt better that council looking at it and approving it would be better than (indiscernible). SKILLICORN: Okay. Then my last inquiry would be the HOA is the final authority on this, correct? WESLEY: They will also have to -- for the property owner, they will need that. The town, we can issue a permit, HOA approval or not. We try to work with the HOA -- SKILLICORN: Yeah. WESLEY: -- and it's better for them to have both, but -- SKILLICORN: But this board could say, you know, thank you for consideration. You know, we understand. You know, we'll go ahead and approve, you know. And then HOA, they're the more local government, right? They could say, no, even though the town -- WESLEY: That's correct. SKILLICORN: -- authorized the SUP, we're going to say yes or no. WESLEY: Right. SKILLICORN: Okay. I think that's fair. MAYOR DICKEY: So basically, if they move the one on the north side over, they can do that administratively, and then we could do an SUP for this one on the left side, or whatever the -- west side. WESLEY: Correct. MAYOR DICKEY: They need that, because it needs to be either on their property or there's other issues there. WESLEY: Correct. MAYOR DICKEY: So that one they can't do. The other one, they could either do with an SUP but -- WESLEY: As long as we're here, you know, it could still be part of the SUP. MAYOR DICKEY: Okay. TOWN OF FOUNTAIN HILLS Page 65 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 65 of 124 WESLEY: Or if the council wanted to direct me to approve it administratively at that point. But they could have one for that north one. MAYOR DICKEY: And then I did want to ask the neighbor as far as that goes, so they have no issue with the pool one? It's more a concern with the north one, correct? And then with this talk about the tree and the painting and the maintenance, I don't know that we can actually do the maintenance, but I think the HOA could. Does that change your thoughts about it at all? KENNAMER: I'll say that it's a better plan than before. I haven't seen it. I mean, I've seen some hashmarks on the pictures and the drawings and everything, but I haven't seen the plan. Plan B. MAYOR DICKEY: Thank you. Any other questions for any of these folks? Comments? Did you, councilman? Your -- SKILLICORN: Oh, sorry. MAYOR DICKEY: Yes? KENNAMER: Can I come up to comment? MAYOR DICKEY: Yes, sir. KENNAMER: I just wanted to say that, you know, I appreciated the study and everything that the Johnsons brought forward and everything. But there's one glaring thing in that study that has bothered me from day one. It's based on 50,000 rounds of golf a year. Now, at SunRidge Canyon, that's going to be 42 foursomes a day, 7 days a week for 10 months, because we're closed August and September. There's no way. There's no way. That number is flawed. As a matter of fact, I called the golf course and they gave me a range of 12,000 to 15,000 a year in terms of rounds. So I just wanted to make that point. MAYOR DICKEY: Thank you. Appreciate it. J. JOHNSON: Can I just say something about that? MENDENHALL: Mayor, we have speaker cards still. MAYOR DICKEY: Oh. Okay. TOWN OF FOUNTAIN HILLS Page 66 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 66 of 124 J. JOHNSON: The man that did the report, okay, he's an expert in the analysis of golf ball trajectories. He advises in golf course design and safety in the United States, Canada, Australia, Britain, Spain, and Hong Kong. He's recognized as a golf expert witness in the courts of California, Colorado, New York, Canada, and Australia. If you read that report, he's included almost -- he's included more things than I could imagine you'd even include. He did a modeling. Apparently, he knows different golf courses. I doubt that he got the exact number, because I don't think anybody would give you the exact number, unless you audited their IRS records or something. But based on his experience, these are the numbers he's come up with and they are consistent with what we collected as golf balls and what now are tended is. And if you need to take a look, come out and take a look at that wall. You will see that someone has patched it and painted it and covered it up. And it was our painter that really drew our attention to it. And he says, you know, I almost got knocked off here. And his associate did. But he said, someone's patched and painted this just recently, because there's two color paints. MAYOR DICKEY: Thank you. J. JOHNSON: I called my neighbor to the west and I said, hey, look, I'm thinking of doing this thing. What do you think about it? And she said, someone patched and painted my house? And I said, well, yeah. Didn't you paint your house recently? And she says, no. And she says, don't you touch it. MAYOR DICKEY: Okay. J. JOHNSON: And I said, don't worry. I'm not going to touch your house. Somebody painted that house recently before we bought it, okay? MAYOR DICKEY: Sir, I think we're going to hear from some other -- J. JOHNSON: Okay. MAYOR DICKEY: -- folks here and then -- J. JOHNSON: All right. Thank you. Appreciate it. MAYOR DICKEY: -- discuss a little bit more, but thank you. We understand. MENDENHALL: Elaine Dowling? DOWLING: Hi. I'm Elaine Dowling. TOWN OF FOUNTAIN HILLS Page 67 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 67 of 124 I live on Brittlebush Lane and I face the 11th fairway as these people do. I am not adjacent to them and when that fence is built, I probably won't see it from my house, but I have a view lot with a view fence. And I feel it's setting a precedent. We don't have fences now in SunRidge Canyon, golf ball fences anyway, and I don't think we should now. So I sympathize with these people, but due diligence could be argued and I just feel like we're paying the price for a mistake that was made maybe in buying that house. Maybe they have a lawsuit with the seller. But I am totally against any golf course ball fence in SunRidge Canyon. Thank you. MENDENHALL: Next, we have Ed Stizza. STIZZA: Madam Mayor, town council -- I have to put this closer. There we go. So -- staff. So we listened to this presentation at the last P&Z meeting and the applicant went through everything in detail and they're having the same discussion again. So this new and improved version of it definitely is a lot better, you know. So I still have a question that every single inch has been explored by both the town, the golf course. And there was a question whether or not the golf course -- or the town could possibly get involved in an administrative sense with the golf course and see if you could mediate much like you're trying to do here in a public forum, mediate some sort of solution to this. A dogleg is important to the course, obviously, you know, so -- but at the same token, it could be lessened to help with this problem. You know, I feel for these people, but at the same token, I mean, I think we all would've seen the problems when we were buying the house, so this is a tough one, so -- But it has to do with aesthetic again. Again, you're listening to people in SunRidge Canyon saying, we don't want any nets. And the HOA. I'm really surprised, because HOAs are pretty strong here, that the HOA is just backing out, letting you guys make the decision. So that's a weird thing. I don't understand that, you know. So hopefully -- I don't know. Hopefully, there's an answer for that. But I think that every inch of this has to be explored and I'm not so sure it has TOWN OF FOUNTAIN HILLS Page 68 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 68 of 124 completely. They did lower it, so that's a big deal, you know, so -- but I think there's some other things that could be done, you know, so -- But anyway, hopefully everything's going to get looked at, so -- Thank you. MENDENHALL: And then our last speaker is Barry Wolborsky. WOLBORSKY: And I'm still Barry Wolborsky. And I also happen to be on the board of the SunRidge Canyon HOA and I'm the treasurer of that board. And so some things were said about the board earlier that I'd like to respond to. Bobbie Kennamer, who is a member of the board, is the next-door neighbor to this gentleman. She has recused herself from any communication whatsoever to do with this problem. She doesn't take emails on it. She doesn't take phone calls on it. She doesn't attend board meetings where that's discussed. So I would like to make that clear. Number 2, we started getting a lot of emails from Mr. and Mrs. Johnson. And then all of a sudden, they started to talk about hiring lawyers to sue the people that sold them the house and sue the realtor that sold them the house, and then they started to send copies of our emails to their attorney. At that point, we contacted our attorney, who said from now on just tell them to have their attorney talk to me and not you get involved in it, which is why we haven't been terribly responsive. We also had to pay our attorney to look into the easement thing and what they had to do was go back and dig up plot maps to see exactly what the easement said and we were spending quite a bit of money on that. At that point, the treasurer, me, stepped in and said, let's not spend any more money on this until the city council decides what they're going to do, because if they say no, it's a nonissue. If they say yes, then we can spend the money and find out what we can do. So I just wanted to say that the HOA has been doing its due diligence. J. JOHNSON: Perhaps I could just respond to some misrepresentation? MAYOR DICKEY: I think we're going to discuss it a little bit now, a little bit more. If you all have any questions for the applicant or for John, or for the neighbors? FRIEDEL: I have a comment for John. TOWN OF FOUNTAIN HILLS Page 69 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 69 of 124 MAYOR DICKEY: Yes, sir? J. JOHNSON: A clarification? MAYOR DICKEY: One sec, sorry. FRIEDEL: John, is there any chance of getting these parties together, the golf course and the HOA, and punt this back to them and let them work this out? Put a tree in there on that hole, turn the -- what do you call it? UNIDENTIFIED SPEAKER: Tee box. FRIEDEL: Tee box. Is there any chance of that happening? WESLEY: Mayor, councilmember -- excuse me. If the council would like for us to do that and continue this for a period of time to give us that chance, that's certainly an option. I don't know how responsive they would be, but we could try. FRIEDEL: You know what? Personally, I think that's a good idea. This is the HOA's -- got a big hand in this, so they need to come to the table. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: I do have two comments. One, I wanted to point out that according to the staff report, the horizontal net on the west side of the house -- if the property owner wanted to build a patio cover, they could, provided they complied with the lot coverage and setback requirements. So I just wanted to make sure that we all noticed that. Also, I had an opportunity to chat with a SunRidge staffer, and he said that the annual -- yearly rounds for SunRidge Golf Course have been about the same for the past 25 years, if not less. They have not increased. MAYOR DICKEY: Thank you. That's a lot of good information. The pergola idea came to my mind. The idea of figuring out if there's a way that they want to try to do -- that doesn't an SUP. We're still unsure about whether it could be on the property or the easement. I think there are too many, for me, uncertainties in this that -- I don't think that I would feel comfortable making a recommendation at this time. C. JOHNSON: The first thing that we did was we investigated a pergola and it cannot stand that length because that's over 17 feet. And they said that it was not possible to put a pergola in. That's the very, very first place we started, was something beautiful to enhance TOWN OF FOUNTAIN HILLS Page 70 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 70 of 124 the property. MAYOR DICKEY: Thank you. C. JOHNSON: The first place we started. MAYOR DICKEY: Okay. I appreciate that. Any other comments? Councilwoman? KALIVIANAKIS: Yeah, I tend to concur with the Mayor on this one. I think there is reasonable accommodation that can be made, just like what Councilman Friedel said. I think if you guys got together, I think this could probably be done without an SUP. If we were to issue one, we are setting a precedent for the whole SunRidge community, which doesn't have any fencing. And I don't like that, because when people move in, when these zoning regulations are there, they read the CCRs, they then did the town code. They ask for special permission, then everybody's going to do it. And I do see a decrease in property values. When people buy golf course lots, I think it's reasonable to anticipate that you're going to get golf balls in your backyard. And so I would decline. I would vote not. MAYOR DICKEY: Councilwoman? TOTH: First, Linda, do we have anymore speaker cards? GRZYBOWSKI: No. MENDENHALL: Councilmember Toth, no, we do not. TOTH: Okay, thank you. MENDENHALL: On this item. TOTH: Right. GRZYBOWSKI: Not that we know of. TOTH: I think I would like to move to table this indefinitely, pending a meeting between the town staff and the -- you wouldn't be the developer or the designer, I suppose, property owner -- and the HOA to try and come up with a solution to this and a more fleshed-out version of that Plan B. I'm very interested in the Plan B. I just would need to see more details before I sign off on something. J. JOHNSON: We have those details. MAYOR DICKEY: Okay. We have a motion. TOWN OF FOUNTAIN HILLS Page 71 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 71 of 124 MAYOR DICKEY: A motion. Is there a second? J. JOHNSON: Whoa, whoa, whoa, whoa. MAYOR DICKEY: We have a motion to table and we can't -- J. JOHNSON: I don't know how this works, okay? But I'm at my wits' end here. MAYOR DICKEY: I understand. J. JOHNSON: We have the details, okay? We have the details. MAYOR DICKEY: We have a motion to table. Is there a second? No. Okay. TOTH: If someone wants to kill that motion -- if we're okay with seeing his details, I -- it's not in our report. So I didn't know we had them. J. JOHNSON: Mr. Wesley has the details. I gave him the details on the construction of it. Okay. And -- MAYOR DICKEY: The motion to table has not been seconded, so we're going to take that away. So don't worry about that. But I think there's enough -- when you talk to how many golfers are expected and the 25 years, I think there's too much conflicting information for us to make a decision right now. That's what I feel is what I'm hearing. C. JOHNSON: (Indiscernible) to the house and you see the number of holes. KALIVIANAKIS: I'd like to make a -- J. JOHNSON: And it's unbelievable and -- KALIVIANAKIS: I'd like to make a motion to deny SUP 22-00002. MAYOR DICKEY: And that would be for the whole -- both fences, correct? KALIVIANAKIS: It would be to vote against. MAYOR DICKEY: Okay. And is there a second for that? Okay. I think we're going to wait to see what more information we can get. You have to admit, there's been conflicting information about the number of golf rounds and such and I think it has to be something that -- that we need more definite information, especially about the easements and where it can fit, where can't it. So I don't think we're going to be entertaining a motion on this. J. JOHNSON: (Indiscernible). C. JOHNSON: So sit down. TOWN OF FOUNTAIN HILLS Page 72 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 72 of 124 J. JOHNSON: There's no issue on one of the -- the west side. And they -- MAYOR DICKEY: I think the council has spoken now on this item and if it comes back to us at -- Yes, Aaron? ARNSON: No, I was going to echo what you were saying, Mayor, is that I believe the council's made its determination and so we can cease the debate and discussion at this point. MAYOR DICKEY: Thank you. Thank you so much. All right. Should we go on? Is everybody okay with continuing? I'd like to. GRZYBOWSKI: Can we have a five minute -- MAYOR DICKEY: Five minutes? GRZYBOWSKI: Yeah, five -- just -- MAYOR DICKEY: Okay. A five minute recess, please. (Recess from 3:00:09 p.m. until 3:10:56 p.m.) MAYOR DICKEY: Hi. We're going to get started here again. It's -- GRZYBOWSKI: Thank you for the break. MAYOR DICKEY: Yeah, you're welcome. Our item is 8D and it's an agreement with Lunsford Group for government relations services. Grady? MILLER: Yes, thank you, Mayor. Mayor and council, the item before you is a request that came from Councilmember Skillicorn and then also Councilmembers Toth and Kalivianakis also supported adding this item to the agenda. The request is to consider terminating the contract that the town has with the Lunsford Group. The Lunsford Group provides the town with intergovernmental relations services. They have been working for the town the last three years. They also helped us when we had issues with the City of Scottsdale when they engaged the FAA on changing flight paths that might have impacted our town and Jack Lunsford was involved in that. There's a tremendous amount of effort that goes into our intergovernmental affairs TOWN OF FOUNTAIN HILLS Page 73 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 73 of 124 program and it's something that I don't have the staff capacity or time to actually engage in -- to do what Mr. Lunsford has been doing. So with that, I know -- I'll turn it over to Allen, who had sponsored this, and I'll let him speak to it. SKILLICORN: Yeah, I'll be just very brief. I just don't think this is a necessary requirement anymore. I think that every member of council and the Mayor are capable of talking to our legislators and effecting change. I'm not sure why we would hire a stranger to do that. MAYOR DICKEY: Do we have any speaker cards on this item? MENDENHALL: We actually have a lot of cards, but nobody who's actually asked to speak. So what I'll do is I'll say if they're for or against it, okay? MAYOR DICKEY: Okay. MENDENHALL: Cindy Couture is against termination. Lisa Miller is against termination. It looks like Glee or Glen (ph.) Sexson is against it. Fred James is against it. Peggy Yeargain is against it. Sherri James is against it. And then these that I'm reading now are in your packet. And then David Long is against it. Christine McGinn is for termination. Liz Gildersleeve is for termination. Debbie Elder is for termination. And Gina Waldo is for termination. And these are all in your packet. MAYOR DICKEY: Thanks very much. Any other comments from council? Councilman? FRIEDEL: If we do terminate this, it doesn't preclude us from calling him if we have a flight plan issue or hiring him as a consultant or a lobbyist at that point. MILLER: No, it does not. It might impact his, you know, willingness to do it, but you're right. That could be something -- he could be engaged on a per case by case basis. TOWN OF FOUNTAIN HILLS Page 74 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 74 of 124 MAYOR DICKEY: Councilwoman? TOTH: Just to clarify, this would mean that we don't have a lobbyist on retainer. It's not necessarily -- we're not cutting him off from some big project right now, correct? MILLER: Well, things -- what happens is things happen from time to time and we've had issues in the past where legislation was being considered that would've affected the revenue the town gets. And so that kind of situation, not having somebody down there at the capital that can actually help us with this. But you're right, we don't have anything per se, like what I mentioned earlier about the FAA flight plan issue. TOTH: Okay. And does he only work for us? No. Okay. MILLER: He works for the City of Scottsdale, but he's not working -- MAYOR DICKEY: Buckeye, I think. MILLER: I'm sorry, I said Scottsdale. I meant to say Buckeye. And he's not working fulltime for us, nor is he working fulltime for Buckeye as well. MAYOR DICKEY: You had a comment, Councilwoman Grzybowski? GRZYBOWSKI: He's our liaison to more than just the state legislator. He's also our liaison to MAG, the county board of supervisors, and any other organizations that we need him for. While I like to think that we could keep up with the League calls and stay on top of everything going on in the state legislature, I got to tell you, I do -- I missed today's call because I had a meeting. Thank you, Amanda. I try the best I can to keep up with it, but sometimes it's just so much. And I don't have time, and I know Grady doesn't have anybody to send down there. There needs to be -- I hate lobbyists -- but there needs to be people out there lobbying on our behalf. And one of the things about having the Lunsford folks, is that they know -- they are already have a list of things that are important to us and they will keep an eye on as it comes up. The legislature, in particular, sometimes they get into political pissing contests with their rivals, or get lobbied by companies that talk them into doing something that's not always in Fountain Hills' best interest. For example, sometimes they pass bills that help us spend our money. We need to be able to decide how to put our funding and where it needs to come from and go to, not them. TOWN OF FOUNTAIN HILLS Page 75 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 75 of 124 They've also passed bills that require or tried to pass bills that require administrative tasks in town hall be handled in a certain amount of time. We don't have the manpower to get something done in three days or seven days or whatever that is. There've also been multiple bills that put cities and towns in danger of losing sales tax revenue or revenue sharing. That is a huge deal. Our revenue sharing and our sales tax are our revenue to spend. We don't have the primary property tax that some of the other cities and towns have. Also, I want to point out that the 5G cell towers is both state and federal law, so -- I mean, granted there's already a lot of laws in place there now, but he'd be able to keep an eye on that kind of stuff and give us a heads-up here as to what we needed to do, or ask us what is it I can lobby for you, on behalf of you for? Thank you for letting me speak. MAYOR DICKEY: Thank you. Councilwoman? I mean, Vice Mayor? MCMAHON: Jack Lunsford is a very experienced lobbyist who has many years of experience -- excuse me -- effectively representing governmental and intergovernmental relations for various communities, including our town. It's imperative that Fountain Hills has an independent, informed, experienced representative at the state and federal levels, protecting the town's vast general and financial interests at low cost to the town. As stated in the agenda, the town of Fountain Hills has contracted with Jack Lunsford and the Lunsford Group to provide needed government and intergovernmental relation services for the town and this includes lobbying activities, legislation analysis, advising the town on policy matters, as well as representing the town's policy positions with state and federal legislators, members of Congress, the governor's office, and key administrators. His services include contacting legislators regarding proposed bills that can adversely affect our town financially and otherwise, attending committee meetings, and testifying on bills and other issues that affect our town on so many levels. The Lunsford Group also prepared the council-approved 2022 legislative policy agenda to help prioritize the Town Council's legislative affairs and interests, so that he could adequately represent our town and report back to us. He has spent years working across the aisle cultivating relationships with elected TOWN OF FOUNTAIN HILLS Page 76 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 76 of 124 officials, important stakeholders, and other interested parties to reach successful resolutions on various governmental issues affecting our town. He has also collectively worked with many other cities and towns to ensure we are all adequately represented in Congress and in our state legislature, especially in matters involving federal and state funds that we rely on to repair our streets and to remain fiscally solvent. Over the years, the Lunsford Group has successfully prevented onerous legislation from passing that would have adversely impacted millions of dollars in annual revenue to Fountain Hills, prevented Sky Harbor and Falcon Field flight paths from coming directly over our town. He's addressed the zoning issues, our local regulation of short-term rentals, appropriating funds for the Dark Sky Discovery Center, infrastructure funding, and bringing new business to Maricopa County that ultimately benefits Fountain Hills. The cost effectiveness of his representation of pertinent issues, the income he has saved from being taken away from Fountain Hills, and the preservation of our local authority to govern and regulate important matters in town is in the millions of dollars. To terminate his annual $40,000 a year contract prematurely and without just cause is political, irresponsible, and will be detrimental to the town timewise and in the millions of dollars for today, tomorrow, and in our future. By voting for this irresponsible agenda item, you are basically saying don't pay attention to major, important federal and state governmental matters that are pertinent to Fountain Hills and will adversely affect our rights to govern our town, like Kavanagh's bill to do away with the rental tax to the tune of what's going to be a couple hundred thousand dollars a year. I mean, they're working on that in the legislature right now, as well as lowering corporate tax, income tax, that will adversely affect our ability to remain solvent. And accordingly, I respectfully request that the council wait and give Jack the opportunity to speak with you personally and present the Lunsford Group commitment to the council-approved 2023 legislative policy agenda before further discussion and vote on this agenda. And I was on the legislative call this morning and like Sharron said, we are not TOWN OF FOUNTAIN HILLS Page 77 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 77 of 124 experts in this area. We are not lobbyists. Yes, we can say we can pay attention, et cetera, but even amongst all of us, there is no way that we have those cultivated relationships that he has, that he has influence and has properly and adequately represented our town. Thank you. MAYOR DICKEY: Thank you. MCMAHON: You're welcome. MAYOR DICKEY: Councilwoman? TOTH: Allen. MAYOR DICKEY: Councilman? SKILLICORN: That's a long list. So a couple things I've heard, a couple I'll talk about, like our agenda that this lobbyist has. You know, one of them is for Prop. 400. Prop. 400 is a $35,000,000,000 tax hike, 41 percent of that goes to light rail. Light rail doesn't touch Fountain Hills. Frankly, this hurts our community and it should not be part of the agenda and I definitely oppose Prop. 400. I've already spoken out against it and I'll be speaking out against it as we continue. So that's another thing that should've been taken off there. But you know, furthermore, the statement that this is a reason not to pay attention. I think that that's -- I'm not going to get into the motion of that, but that's -- it's absolutely the opposite. As councilmembers and mayor and staff, we need to pay attention. We need to have a dialogue. These are our legislators. These are our representatives. We should be the one dictating to them what they do, not the other way around. And I want to -- just a reminder, we talked a little bit about this lobbyist goes to MAG and a few other places, you know, like the board of supervisors as well. All of these levels of government, we are their constituents. They listen to us. So are our legislators. They listen to us. Our board of supervisors, they listen to us. That is how it's supposed to work and that's what I say we should do. You know, frankly, we had Senator Kavanagh here. I mean, he regularly drops into these meetings. He used to be a member of this council. And who are we to pay someone else to talk to him for us? You know, ladies and gentlemen, I have a cell phone. I have his phone number on my cell phone. I can call him up. I can ask him questions. I TOWN OF FOUNTAIN HILLS Page 78 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 78 of 124 can give him my concerns. I think that this is -- well, one, it's wasteful. I mean, we have to be much more efficient with our monies. But this just sets a tone that we're outsourcing our relationship with the legislature. Well, ladies and gentlemen, that ends, and that ends tonight. MAYOR DICKEY: Go ahead. TOTH: I just have one quick response to previous comments. My cause for terminating this contract I believe is solid. Number one, this individual does not live in town. Number two, we are not the only people he is lobbying for. So if he is talking to the same representatives about two different issues -- two different sides of that issue, he's going to go to the one that pays him more. That's just reality, and that's probably not us. I hate to say it. MCMAHON: I totally disagree. TOTH: If this person -- this person, I'm sure, is very qualified. He's probably a very talented lobbyist. However, it very much concerns me he does not live in town, we are not the only people he represents. We -- all we are representing is Fountain Hills. So call John Kavanagh on his cell phone. Go to these meetings, go to these League of Arizona Cities and Towns meetings and talk to people, because we're the best people that could ever represent our community when it comes to these legislative issues. We're in it. MAYOR DICKEY: Okay. Any other comments right now? MCMAHON: Yes. I have a comment. MAYOR DICKEY: Yes, council -- Vice Mayor. Proposition 400, the infrastructure, it's worth billions of dollars and yes, it does affect us. Because it is going to affect how -- employment. It's going to affect how people travel out here, et cetera. It's going to affect commute times and it's in the billions of dollars. And their -- MAG has an excellent presentation about it and how it does affect us and every community in Maricopa County. And as far -- do you go to an attorney to have legal advice? Yes, you do. Does your attorney live here? No. Is he or she knowledgeable? Yes. There's no requirement that people we employ or have contracts with are required to live in town. TOWN OF FOUNTAIN HILLS Page 79 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 79 of 124 And as far as him going for more money on the other side, do you have basis in that -- is there a fact for that? Or are you just making an allegation? And you know, this guy has proven results. We don't have the time to put in, the necessary expertise to -- and I'm not putting any of us down -- to do and get the results this person has gotten. MAYOR DICKEY: So basically, I literally was a lobbyist for an estate agency and all those years ago, Jack Lunsford was there with all of the relationships that he has, community college, Westside (ph.), Westmark (ph.), businesses. Lobbyists don't work that way, like who gets paid most. I mean, you can have a lobbyist -- Look at all these cities here. You know, they have Pivotal Policy Group, Kristen Bollini (ph.), Policy Development Group, HighGround, Dorn Policy, Kootok (ph.). Do you think they only represent the one city that they have? They represent universities. They represent businesses, museums. Barry Aarons. All these guys were there when I was there. The idea of them needing to live where they work is just -- would never work for any of these folks. Again, he's not only doing legislative stuff, but he is doing legislative stuff. And when it comes to Prop. 400 and the items that are on our 2023 legislative resolutions that were approved by this body, Prop. 400 is unanimously supported by MAG, 25 mayors, tribal leaders, all different parties. They worked for months with staff to get that together. The legislature -- Republican legislators voted for it and Governor Ducey vetoed it. That's the only reason why it's not here. And it's an extension of an existing tax that's been in existence for many, many years -- decades -- in Maricopa County. So for us to say, for example, Allen, that you would be our lobbyist, if you're against Prop. 400, then I don't -- then you cannot be our lobbyist. You can speak for yourself, just like you spoke for yourself when you are in favor of reducing -- I mean, eliminating the rental tax. We went through this last year. I think it was five-something-hundred-thousand dollars that it was going to cost us just for the long-term rental tax. It's a universally TOWN OF FOUNTAIN HILLS Page 80 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 80 of 124 accepted municipal position to be against something that will cut our revenue like that, particularly when we don't have a property tax here in town. If we eliminate the tax on food, the tax on rental property, and you weigh in on them as an individual in favor of them, you cannot lobby for this town and take those kind of positions. And none of us -- what if, you know, one of us takes a position that you don't like? That's not how it works. But we accept the -- you know, we want to keep local control. That's the number one. We want to retain our state share revenue. Number two. We don't want them to tell us what to do kind of about anything, whether it's fireworks or anything like that. So that's why we discuss these things in April, May. That's why we have membership on these League policy committees. Because they're coming up with the legislative agenda that we weigh in on, and then we go to the League that we're all members of and we vote on whether we accept those things. And to get off of the legislature, what about water issues, flight path issues? We took -- we were interveners in Scottsdale and we prevailed. He meets with the tribes. The short-term rental thing, he was at those closed, small meetings. By-right-zoning, do you know what that is? That's something that the legislature's trying to do. You want to talk about group homes? You want to talk about signs? You want to talk about fences? By-right-zoning, hey, it's all open. No zoning. That's the kind of representation we need and not any one of us are going to sit around outside at 11 o'clock at night to wait for them because they're recessed to the sound of the gavel. And you're a legislator, you were, and you know how that is. And not any of us is going to be able to do that effectively. He also worked on something that -- some stuff that was very personal to people here in town. He helped me with some condo termination stuff. Again, the flight path stuff. I don't understand how this has to become another battle. It's just a person who is representing us in a lot of different ways for a really pretty good price and just like all 25 cities and towns in Maricopa County, except for Guadalupe, they all have representation. So I am absolutely opposed to getting rid of this contract and he's not a stranger, at all. KALIVIANAKIS: May I speak? MAYOR DICKEY: Of course. TOWN OF FOUNTAIN HILLS Page 81 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 81 of 124 KALIVIANAKIS: Okay, thank you. UNIDENTIFIED SPEAKER: Brenda. KALIVIANAKIS: Earlier tonight, we had a Call to the Public about our failing roads, which is an issue we really have to address. I know we're going to have to make some tough cuts, and I do see the benefit of having our own lobbyist, but if we're going to get the things done that we promised the people of Fountain Hills, it's going to start by cutting programs that we really like. And this might be one of them. We do have very good representation in the State of Arizona. I'm in regular communication with David Schweikert. He's helped before. John Kavanagh has helped before. We're in communication with Joseph Chaplik, have a very good relationship. And Alex Kolodin asked me to speak in the statehouse, coming up very soon. These are people we can count on, if we need to count on them in a pinch. And so spending money on somebody that's going to represent us on what -- $4 billion -- $40 billion -- I don't think he's going to affect Prop. 400. It's unfortunate that it had to go into a Prop. 400 discussion tonight, because I don't think that's what this is about and that's an emotion-filled argument. But we're going to have to start making some tough cuts and I think it's going to have to start tonight. SKILLICORN: I think Hannah was before me. MAYOR DICKEY: I'm sorry? SKILLICORN: I think Hannah was before me. TOTH: Thank you. Thank you. I just want to very quickly clarify my first points that first of all, in no way was I saying by saying that -- agreeing that Allen could call John Kavanagh was I saying that Allen is now our lobbyist. UNIDENTIFIED SPEAKER: Huh-uh. TOTH: I was making an example that it's our duty as people who represent this community to be up-to-date on things and although, no, we don't have time to read every single bill, but we do have time to take a look at the ones that matter to us, to Fountain Hills. And my point specifically regarding lobbyists where no, it's not how it works that TOWN OF FOUNTAIN HILLS Page 82 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 82 of 124 someone needs to live in town; no, it's not how it works that they need to only work for one town. We do, though. We live in town. We only are representing one town. So the fact that that's not how lobbyism -- I don't know if that's a word or if I made it up. But the fact that that's not how lobbying works is exactly why I'm for terminating this contract. SKILLICORN: And then just real brief, I mean, Madam Mayor, you mentioned that, you know, that -- about expertise. You know, I think we all have expertise here. We all have expertise to communicate the needs to our constituents to our legislators. I think we all do. You brought up good points about certain, you know, certain bills about the right zoning and such. And frankly, probably the most of what's on the agenda I support. There's only a couple things that I don't. But most of those I do support. You know, there's yet another thing. You know, we get emails from the association about, you know, that the town should oppose this bill or support this bill. Again, you know, we're going to get emails from the association of governments about, you know, bills in committee that deal with these subjects and we can pick up the phone and call. And I know you mentioned, you know, your past at the state and you know, I looked up on the Secretary of State website right here, you know, and it says that you used to be a lobbyist. You know how it works. You can talk to legislators. You know what it's like. Everyone here is articulate and capable and can represent the people of Fountain Hills in our legislature and our county, and even in Congress sometimes. I think we can do a better job than a hired gun. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: I agree with the freshman councilman that we all have our own specialties. But we don't have the time to read every single bill thoroughly, let alone understand each of those bills. I mean, you and I can read the same bill and we may get two or three different things out of it and that's only two people reading it. So I feel like when you go to a specialist -- I take my car into the shop and I don't expect him to only work on my car. You can't expect a lobbyist for such a small organization to only work for one organization. We're not the Retail Merchants TOWN OF FOUNTAIN HILLS Page 83 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 83 of 124 Association. We're not the NRA. We're not the AARP. We cannot afford somebody to go in and just manage us. So this gives us an opportunity to pool funds with somebody else, which we do with intergovernment agreements for street repairs and all sorts of things. This is just another way to manage that. And yes, I do make a call to my people and do the request to speak. I do, but when I do it, I do it as Sharron Grzybowski. I don't do it on behalf of the town. For a town, that's the whole point of the lobbyist. That gives them the opportunity to speak on behalf of the entire council. Then you have a chance to vote as the council through the lobbyist and you can have your own personal request to speak, and your own personal Kavanagh call, however you want to handle it. MAYOR DICKEY: Thank you. And you talk about the $40,000, but if we have people purporting to represent us supporting eliminating the rental tax for $500,000 to $600,000 a year, I don't know why we're even talking about money when it comes to this. And frankly, he's not a hired gun. All of these sort of terms to try to make it like he's not a real person. He is a very respected -- decades of experience with every kind. So this is not a partisan thing. But when you belong to the League of Cities and Towns and you're in MAG regional council and you're sitting there with 25 mayors of all stripes, mostly R, and they agree on something, and we're just going to be taking our own individuals -- do you even know how a bill works? Do you even know what COW (ph.) is or first read or second read, or assignments and -- We're not experts. Yeah, we could say, okay, we need a bridge or something like that and call somebody. That's not how this is. This is much more, and you know that because you were -- you did it. So I absolutely think there's value in this. It's a united voice. I don't want any of you calling legislators on behalf of this town. Because when you say somebody helps you, if you're not in favor of Prop. 400, that's not helping what this town agreed is important to us and what all these other mayors agreed, and the tribes agreed, and the county agreed is important to them. So if you don't want to be a part of a united front, so to speak, then make sure you TOWN OF FOUNTAIN HILLS Page 84 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 84 of 124 don't speak for me. MENDENHALL: Mayor, I just wanted to let you know we had a person submit a request to speak card. Is it okay? MAYOR DICKEY: Sure. MENDENHALL: Dianne Price? PRICE: Thank you, council. I'm Dianne Price. I've lived in Fountain Hills for over a dozen years and I am now a town commissioner on the new history and culture advisory board. I'm sitting over here shaking as a citizen. I think it's time to hear a citizen's point of view on this. What I'm hearing in this discussion is a very elementary understanding of what a government relations person does. I think the move to put this proposal on the table is sophomoric and irresponsible. Government relations is bound and also measured by what they can -- how they can help a community. They are studying these issues fulltime and there's many, many, many issues. I don't want a partisan representation with the state and with our nation. I want a voice that's professional. We may not well have the kind of expertise in this community that Jack Lunsford offers. I doubt that there's one town around us that doesn't have a government relations counsel. As somebody who's worked in public relations and worked with government relations people, the idea of a retainer is very important because you can't do drive- through delivery on these types of issues. They have to have an understanding of how this council feels, what goes on in our town, and pulling somebody in at the last minute or not having somebody who's giving an overview or is watching all the time is very dangerous. I think I would really urge you to table this until you have more clarity about what the role is. Otherwise, as a citizen, I feel completely naked and vulnerable by doing away with something that is a protection for our town. Thank you. MAYOR DICKEY: Councilman? SKILLICORN: I'd like to make a motion to terminate Lunsford Group. TOWN OF FOUNTAIN HILLS Page 85 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 85 of 124 TOTH: Second. MAYOR DICKEY: There's a motion on the table and a second. All in favor, please say aye? SKILLICORN: I request a roll call. MAYOR DICKEY: I'm sorry? SKILLICORN: I'll request a roll call. MAYOR DICKEY: Okay. Roll call, please? MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: No. MENDENHALL: Vice Mayor McMahon? MCMAHON: Veto. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: It passes. MAYOR DICKEY: Thank you. Motion passes, four to three. Our next item is authorizing staff for grant funding through FEMA. Grady? MILLER: Mayor and council, our town engineer, Dave Janover, is going to be giving a brief presentation on these three projects. I'm kind of excited about this. This will really help our community out with some of the rain events that we have and I'll go ahead and turn it over to Mr. Janover, who's going to give a report to you. JANOVER: Thank you. Good to be here tonight, Mayor, council. Very nice to be here. TOWN OF FOUNTAIN HILLS Page 86 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 86 of 124 I'm thankful for the opportunity to discuss with you for a few moments about some of the grant applications that we've been working on. So just a little bit of background. The IIJA, the Infrastructure Investment and Jobs Act, was signed into law by President Biden November 15th, 2021. So one of the grand programs under this IIJA is the Building Resilient Infrastructure and Communities program, which is known as BRIC. And this is a program that assists states, local communities, tribes and territories, as we undertake hazard mitigation projects, reducing the risks we face from disasters and natural hazards. And this particular grant program has a total of $1,000,000,000 of funding over the next five years, with $200,000,000 each year for fiscal years '22 through '26. So we have identified a number of projects around the town and we've initiated the grant application process for these three design and construction projects. One is at McDowell Mountain Road and the Escalante Wash Crossing, one is El Pueblo Road at the Ashbrook Wash Crossing, and one is Del Cambre Avenue at the Ashbrook Wash Crossing. Now, what these are is -- these are low flow crossings and the wash goes directly across the roadway and when we have major storm events we have major flooding. And you can see some of the photos here at McDowell Mountain Road and Del Cambre some major flooding and major sediment deposition from upstream from the wash. So what we want to do is raise these roads and put in culverts and make them culvert crossings. So in addition to as I said the floodwater, we have silt and debris from upstream wash that's deposited onto the roads during these major storm events. And that requires us to expend funds to remove the sediment and also close the roads because the debris and the floods impede emergency vehicle access from crossing safely at times when it's most critical, so it affects these response times. And there's also the risk of vehicles becoming stuck in the floodwaters, and this actually happened about a year and a half ago. They get caught in the flow. They figure they can make their way through the low flow crossing. Oh, that doesn't look that high. I have a pretty big truck. I can get through it. And all of a sudden they stall and now they get actually washed downstream. Very, very dangerous. TOWN OF FOUNTAIN HILLS Page 87 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 87 of 124 So a viable solution for each of these locations is the raising of the roadway, removal and reconstruction of the roadway, raising the elevation and putting pipes underneath the roadway, known as a culvert. And that will allow for the uninterrupted passage of stormwater flows under the roadway, under the newly constructed roadway with minimal risk -- a minimized risk of overtopping. So these are the exhibits that staff had prepared as part of the applications. The one on the upper left is McDowell Mountain Road at the Escalante Wash Crossing and that red area pretty much is the area that would be raised up now with the water that passes underneath from north to south. You know, under the roadway, which is the Escalante Wash. On the righthand side you can see the Del Cambre Avenue Crossing, so that is a low flow crossing currently that we're looking to make into essentially a -- not a bridge, but just to raise the road to put the water underneath it. And this is right at the convergence of the Ashbrook Wash and the Balboa Wash and that water flows from the left side or from the west hoping that we go under the roadway and continue out to the Ashbrook Wash, out to the east. And then at El Pueblo Road, which is just to the east of Del Cambre, this is just a little further downstream, and that's the bottom exhibit that you see there. We will be raising that road, putting culvert pipes underneath that and the water would go again from west to east through the McDowell Yavapai Nation out to Verde River. So the town started the application process for the BRIC grants for design and construction of these three projects. The process in the state of Arizona is for each municipality and tribe to work with the Arizona Department of Emergency and Military Affairs, known as DEMA, and we work with them and coordinate with them on the grant applications. So this timeline shows that the Notices of Intent were due to DEMA on October 23rd, 2022, which we met. And that the initial applications were due into the FEMA GO portal, which is a website, by January 13th, 2023. So this was actually extended by DEMA from January 6th to January 13th. It should be noted that prior to January 13th, the town actually submitted two rounds of applications for the three projects to DEMA and they provided us constructive TOWN OF FOUNTAIN HILLS Page 88 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 88 of 124 comments and they helped us with feedback on our applications each time to assist us with maximizing the chances of being awarded a grant. So we addressed all the comments and we submitted the first revised applications on December 22nd, 2022 and the second most recently revised applications were submitted on January 12th, 2023, just in advance of the deadline. And as of right now, you can see that it's under state level review, so the state DEMA is currently compiling all the applications from around the state that they received and they will be submitting them directly to FEMA on everybody's behalf on January 27th of this year. I should also note that when we made our initial application and DEMA had given us some feedback, they told us that our projects ranked, I believe, 7, 9, and 10 from within the state from what they got. So that's pretty good feedback that we got from them. So the town has requested funding towards the cost of the design and construction for these three projects and the BRIC grants, which is a federal grant, will typically contribute 75 percent of the total project cost, while the local municipality will need to cover 25 percent. So it's a 75/25 cost share. So we came up with the high-level preliminary project design and construction costs and they're outlined here in the table. So the table shows the federal share and the town share for each of the three projects and if the grants are awarded, if we actually got all three grants, the total cost of the three projects is $4,715,000 and the town's share of that would be $1,178,000. Now, I should mention that if we are successful in obtaining an award for any or all of these grants, then the town will immediately turn around and apply for additional grant funding to the Flood Control District of Maricopa County through their Small Project Assistance Program, known as SPAP, and that'll help offset the cost of the town share. So the district's contribution, the Flood Control District's contribution is limited to 75 percent of the design and construction costs of flood control elements of an eligible project, not to exceed $1,000,000. So if we're successful with the SPAP grants, at best for the three projects the town might see our cost share reduced from $1,178,750 down to just under $295,000 for all three projects, total. So this equates to just 6.25 percent of the total project cost of the TOWN OF FOUNTAIN HILLS Page 89 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 89 of 124 three projects, because 25 percent of 25 percent is 6.25 percent. So the town staff is going to diligently work and coordinate with the Flood Control District of Maricopa County once we learn the outcome of our BRIC grant applications. As far as the timeline, this grant requires the project to be designed and constructed within three years. So these projects would be programmed into the town's CIP for fiscal years '24 through '26, and of course this will be further discussed during the council retreat and throughout the budget discussions. And of course, if anything comes back, we would need to approve an IGA (ph.) as well. So with that, staff seeks authorization to continue the grant application process for these three projects and that concludes my formal remarks. I'd be more than happy to answer any questions that I can. MAYOR DICKEY: Thank you, David. Do we have any speaker cards on this item? Caught you, sorry. MENDENHALL: No, Mayor. We do not. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Thank you, Madam Mayor. Very excited about infrastructure, love getting to the business of infrastructure. So that's a big priority in this room. You can hear that. You know, infrastructure's a big deal. Really, it's just staff time. We haven't put any money into this, it's just -- it is a dollar amount, the staff time, but we haven't put anything additional into this and obviously there's going to be a return on investment. I'm very excited about that. Do you think it -- I saw here a date that was the summer about potentially having some sort of answer. Is that realistic or do -- or spring to summer. Do you think that could be pushed back? JANOVER: Yes, Mayor and Councilmember Skillicorn. Yes, this actually a timeline that was put out FEMA, so this what they are -- right now, and so far they've been pretty much sticking to that deadline. SKILLICORN: Um-hum. JANOVER: So we're hoping between March and July. Sometime, you know, between TOWN OF FOUNTAIN HILLS Page 90 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 90 of 124 the second and I guess around the second quarter we should have an answer, at least which way we're -- if one or more of them have been (indiscernible). SKILLICORN: Yeah. And all three of these, they affect residents and their property. Is there any one of them that you think affects the residents even more, like the water is so encroaching their properties, you know, one is a -- you know, a bigger deal than others? JANOVER: That's a really great question. I think I would probably have to go back in history. I guess, perhaps, our illustrious public works director might have seen some of the history of that, if you had to choose one? That was -- SKILLICORN: Is it one that you showed me? WELDY: Madam Mayor, councilmembers. Councilmember, in fact the one with the heaviest impact is on McDowell Mountain Road. The reason for that is it impacts the ability for the first responders and the automatic aid or shared responses from our sheriff's office to get access to that area. The other two locations are critically important passages for the residents. However, there are safe detours around those. For McDowell Mountain Road, they're simply none. SKILLICORN: There isn't, no. And I have -- before I moved to town, I remember not being able to cross there. Thank you so much. MAYOR DICKEY: Councilwoman? JANOVER: Thank you, Director. KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I just want to just thank you, David, for the hard work that you and your staff did on this. This is really impressive. Like Allen said, it's an infrastructure and the more you talk, the happier I got. And so thank you and your staff for all the hard work. This is excellent. JANOVER: Thank you. MAYOR DICKEY: Grady? MILLER: Yes, and I just want to chime in. This was the low hanging fruit, but I do want to let you know that this is big. We have another four years left of this -- grants coming through that we would be able to be eligible for. TOWN OF FOUNTAIN HILLS Page 91 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 91 of 124 We've talked about this before. My highest priority for the town is to deal with our drainage issues in town. Our washes are eroding. We've got a lot of issues there. We are trying to get this drainage master plan done. The drainage master plan's critical because then it's going to start putting cost estimates in, all the recommendations of what we need to do to shore up our washes and our dams and our storm drains. So I'm not sure if this one is exactly the same grant that we will use for that, but I believe we're also looking for other grant opportunities as well. JANOVER: That's correct. MILLER: So this is really exciting. This was kind of a last minute ask. When I say last minute, we were able to get in on time, but the staff really went through hoops to get it in. And I drive around every time we have a major storm system and these two that are over there off of Grande, they really do put up with a lot. And I'm just surprised we haven't done this before now. Those people out there, they're like landlocked at times and I'm just concerned about public safety getting over there when they need to because then they have to kind of do, you know, a detour to get to where they need to go. So we appreciate your support on this. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: We are very fortunate that these grants became available because this is a huge issue. So kudos to you guys for finding it, writing it up. We are very fortunate about this. One of the things I always like to bring up when we have these conversations, and I'm sorry to sound like a broken record, but we got 1487'd on the environmental fee. Aaron, did we hear anything when the old AG left and the new AG came in? How'd that -- does the old stuff just get tossed and it has to get rewritten up? How does that stuff work? And then I do have another follow-up question. ARNSON: Mayor and councilwoman, we didn't receive a 1487 complaint. We received a request for an AG opinion. And so to this day have not received a formal written opinion from former Attorney General Brnovich and certainly not from the current Attorney General given the brief tenure that she's been in office. So do they go away? No. I can't tell you what degree of priority, you know, any TOWN OF FOUNTAIN HILLS Page 92 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 92 of 124 previously pending request will be, but I guess that remains to be seen. So you have a follow-up question? GRZYBOWSKI: Not for you. ARNSON: Okay. GRZYBOWSKI: This is probably a little more anecdotal than serious. So Dave Pock, can we put that $40,000 Lunsford money towards this? MAYOR DICKEY: (Indiscernible) the money. GRZYBOWSKI: I didn't think so. MAYOR DICKEY: Councilwoman? TOTH: I move to authorize staff to continue FEMA BRIC grant application process for the noted projects. SKILLICORN: Second. MAYOR DICKEY: I have discussion. Usually, I go last. The 1487 stuff that you were mentioning, though, this is precisely the projects that we could've used the stormwater fee for and since we've been in limbo for all these years, it's probably up to about $3.5 million that we weren't able to get from -- and that's due to action by the legislature. So we have a motion and a second on this. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? Thank you. It passes unanimously. JANOVER: Thank you. MAYOR DICKEY: Thank you, David. Next one, I'm guessing, is Amanda about our brand and our logo, our ongoing effort here. Welcome. JACOBS: I'm trying to be alive. It's bedtime for me. I shouldn't admit that. I'm going to pull up our presentation. How it will go is I will open it. I'm going to turn it over to our consultants, Dawn and Richie, and then I will close it. So almost a year ago, the town had a council retreat. During that council retreat, branding came up as a topic and there was a consensus to move forward. It then was TOWN OF FOUNTAIN HILLS Page 93 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 93 of 124 included in the fiscal year '22-'23 budget. It was a $20,000 line item. And then as I came on board in March, so just a month after the retreat, I started looking into our marketing material for the town, economic development of course, tourism, and was asking, okay, what logo am I supposed to use? I see about three or four. I'm seeing multiple tag lines. And I couldn't really get a straight answer. And so I was supportive of moving forward with the project. So in June, after the tentative budget adoption, so we're getting some clearer direction, we went ahead and put out a formal request for proposal. We received six responses and then the Gordley Group, who I'm about to introduce, was selected to lead the project. So I'm going to have -- Dawn? Dawn's going to come up first to go over the process once they were selected. Now, I'm going too fast. All right. Dawn? HOSACK: Hello, Mayor and council. Thank you for having us. And thank you for trusting Gordley Group with this endeavor for the town. Just a little bit of background information on Gordley Group. We are a full service advertising, branding, creative public outreach, advertising, marketing firm that has been around for 31 years. I am the media and marketing director there. I've been there for 11 years. Richie is our creative director. You've been there eight years now? Yeah. So we were very fortunate to come across the RFP for the Town of Fountain Hills and very excited when we were awarded. So let's see if I can get to the next -- here we go. So one of the goals in branding is always to increase the clarity and general awareness. So we want to make sure that with the brand it's cohesive and it's clear. Every piece of material that comes out looks the same, has the same theme, has the same feel, so that the people who are reading, receiving that information know that it's from the town. They trust that brand. They believe in that brand. And when we talked to the crew here at the town, one of the things that they wanted to do was look forward, look towards the future. Your current logo and brand seal have been around for a while and so wanted to do something that was a little TOWN OF FOUNTAIN HILLS Page 94 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 94 of 124 forward-thinking, along with how the town is forward-thinking. So with Gordley Group and our branding process, we have three stages. We have a discovery, a development, and then an implementation. So the discovery phase is all about research. We want to understand the community and the perceptions of the community through the people who live, work, and play here. We don't live here, so we want to hear from you guys. In order to do that, we did a research on all of your current materials and then audit of your current logo and your current brand. We sent out a community wide survey that was not only in the newsletter, but was also sent out by email and on your social media. It did amazing. Your town is very invested in itself and so we had quite a few responses on the survey, which was really nice. And then we did quite a few focus groups with the different stakeholders throughout the town. So some government employees, some business owners, some community members, to get an idea from all levels, what the Town of Fountain Hills means to them. So to talk about the survey a little bit, as I said, it was only out for a little over two weeks and we had over 750 responses. It was only ten questions and we had over 5,000 comments. So it was very, very widely received and most of those comments were very good. We went through all of them, categorized them. The biggest topic that was talked about was nature, beauty, and the small town. Those were the things, as you can see on the right side of the screen, are some of the comments, just a few of them, that we took out of the survey responses. So we found out that people in Fountain Hills are very proud to be here. They're very proud of the town, of the community, the people that they live here with and your fountain absolutely, of course. They love the views. They love the beauty. There were, I think, a quarter of the responses that talked about something having to do with nature or beauty and over a thousand comments that talked about the small town lifestyle and feel of Fountain Hills. In the focus groups, Richie and I and some of our other team members had focus groups where we talked with two to four members of the stakeholders groups, so we could get a little more conversational about what brought them to Fountain Hills and why TOWN OF FOUNTAIN HILLS Page 95 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 95 of 124 they like Fountain Hills. And so some of the things that we heard were the beautiful views, quiet, charming, a very, very high amount of pride in the fountain and the community. One of the comments said, they just visited here and knew they had to move here. So I think we heard that a couple of times, was they came for an event, came to town and knew that this was where they wanted to live. So we took all of that information and broke that all down, the focus groups, the community feedback, and identified some attributes that we believe bring the consistency and effectiveness of the visual communications into your logo. So the attributes that we were working with, natural beauty, safe, clean community, charming, small town, quiet, friendly. And so we have a couple of options. BREVAIRE: Yeah, so -- hello. Thank you for having us. We are presenting two options tonight, this being the first one. And just real quickly, when you see the next option, we didn't go through color palettes or anything like that. We wanted everything to be apples to apples, so if somebody had a favorite color or a least favorite color, it didn't show up and persuade anyone in one different direction of whatnot. This first logo is a bit on the head with the -- you know, depicting the fountain and the explosiveness, the energy that Fountain Hills has and the active community. And so if I go down here, I just want to show you quickly how we can envision this working in different settings. And this is just kind of to give you a little bit more of a context of how this could be used. One of the things I think we try to strive for when we're designing brands like this is the scalability. We want things to be able to be read far, small, one color, two color. Something that isn't going to be hard to reproduce or replicate. And so if that's okay, I'm going to go to the next one. This one being a bit more going towards the seal fashion, where we're trying to get more into it, where we get the hills, the fountain, the sunshine, kind of encapsulating it. Both trying to go into a timeless, you know, era of keeping everything that just -- really concise, consistent, and easy to reproduce for you. And down to the next slide. Again, apples to apples, showing the same mockups, just to show you how the context can go with that. TOWN OF FOUNTAIN HILLS Page 96 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 96 of 124 I kind of went through those a little quickly. I'm a little nervous. But let me know if you have any questions and we'll be more than happy to go through those. MAYOR DICKEY: Do we have any comment cards on this, Linda? MENDENHALL: Yes, Mayor, we do. First, we have a written comment from Liz Gildersleeve and she likes option A and then also made a comment that you have at your station regarding the money that was spent. And then we do have a request to speak in person and it's from Ed Stizza. Are you still here, Ed? There you are. STIZZA: Mayor, Town Councilmembers, staff. So I seen this for the first time today on the agenda -- or on the town website with the agenda items and I opened it up and you know, this is a difficult thing to say, speak. This is a creative business that I was in for a long time. And you know, with all due respect, I don't know how much consideration -- I'll try to be diligent with this -- how much consideration was done based on the old branding and logos. I know they talked about it. I actually think there's some very colorful, vibrant looks at what we've done in the past or what somebody has done in the past. And this, to me, as soon as I seen it I was like, well, that looks like it should be embossed on some sort of hotel logo, or not even so much that, like an office type logo. It didn't have the vibrancy. And it's really tough for me to say this, because this is a tremendous amount of thought and everything that went into it. But the representation of Fountain Hills is extremely important and as I had people in town over the holidays, as we all did, I mean this is really -- people will gravitate to this in so many different ways. So this has got to be spot on and especially as we move forward. And I would hope that you guys don't just vote on this tonight. I would hope that there's some sort of way to come up with some more possibilities. I mean, was this whole contract twenty -- correct? To come up with the logos? Or is this -- I mean, there's two, so is there any way that they can go back to the drawing board and come up with more? MAYOR DICKEY: Amanda, do you want to address -- I mean, there's a lot more -- STIZZA: It's tough for me to say this. It really is. I mean I really (indiscernible). MAYOR DICKEY: Well, I'll wait until you're done with your comment and then -- now, TOWN OF FOUNTAIN HILLS Page 97 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 97 of 124 maybe Amanda or Grady -- well (indiscernible). STIZZA: Oh. Again, it's tough to approach this, right? This is a lot of work that goes into this. And I know what kind of work these people put in. But when I first seen it, it just didn't stand out to me. And if it's going on everything, I mean -- I realize some of the other logos are antiquated, but for instance, like the fountain piece that was on the website for a long time or still is, with the colorful -- and I know you said colors, right? You didn't pick anything, so it was -- so that could be part of this, also. You know, presenting again in presentation -- color, you know, might help. So anyway -- MAYOR DICKEY: Grady? MILLER: Yes. I'm going to have Amanda come up. But I do want to just point out something. We're not ditching the town seal. So we will still have that on official records and documents and things of that sort. So what you see, like in your packet, that will probably still continue. But the logo, what the council would select and give direction to staff ultimately will be through time as things need to be replaced. It's not we're going to do, you know, like an immediate replacement of what we have. It's as needed. And I'll go ahead and turn it over to Ms. Jacobs, who has some additional comments. JACOBS: Thank you, Madam Mayor, council. So I didn't get to jump up before the Call to the Public on the closing. So really what is before you is logo concepts. And staff is requesting, and so our recommendation is option A, which is before you. That again is just a concept. The collateral material you're seeing, we're not going to go run and start slapping a logo on. As Richie mentioned, the work is not done, but right it's an investment, and so if we receive feedback from you that you also like option A, staff will then move forward with a consultant on colors. Next steps, as then Dawn mentioned, is we have a three-month process of implementation. And so that again is more feedback on color. It's taglines, brand guidelines, and standards. And so it is not done. Think of it as just a concept, which I know sometimes is hard. TOWN OF FOUNTAIN HILLS Page 98 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 98 of 124 GRZYBOWSKI: I'm kind of glad to know it's not done. Because I think it's kind of dull as it is, so I was a little worried. Sorry, guys. So I'm very glad it's not done because you know me, I'm going to want a little color in there. I don't care what it is, but it needs to be color. I'm leaning towards A. I got to tell you on B, I didn't even pick up that that was the sun. Thank you. MAYOR DICKEY: Thank you. Councilman? KALIVIANAKIS: Thank you, Ms. Mayor. Thank you for being so delicate, Ed. I'm not going to be. This looks like a Rorschach test to me and I think ten people could look at this and ten people could come up with a different conclusion. That looks to me like an amphitheater. When they were talking about a logo and a brand I was expecting a magnificent fountain with the four peaks with a young boy and a girl with a dog, saying something like come to visit, then you'll want to stay. And that's a pretty good idea. This does look -- it just looks corporate. It doesn't look friendly. It's not warm. And, you know, would I say go back to the drawing room? I'd say, let's just stay with what we got. That's my opinion. MAYOR DICKEY: Councilwoman? TOTH: I want to thank you both for all of the hours and work you put into this and for sitting here for this entire meeting just to do this presentation. Thank you. I do, however, have to agree with my fellow councilmembers in some capacity. There's a lot I like about option A, but I agree the colors need to change to just be more welcoming and show a community that's vibrant and ready to thrive. So knowing that this is a concept, I do want to clarify if we approve the concept, that's still the image, right? The colors are what they'd be playing with, and the tagline? JACOBS: Madam Mayor, councilmember Toth, that is correct. So they would start moving forward. Instead of with both or going back to the drawing board, they would continue working with this type of -- this logo, based on your feedback. TOTH: Okay. JACOBS: We had heard, too -- Councilmember Kalivianakis brought up the four peaks. TOWN OF FOUNTAIN HILLS Page 99 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 99 of 124 We heard that from some of our folks that participated in the focus group. And so adding some of that -- again, we're looking for feedback. Agree with you, too, and based off of our economic summit on Thursday, just hearing some of the themes, we don't want to be a bedroom community. We want to be vibrant. We want to appeal to young professionals. So I agree. We're all in agreement. TOTH: Yeah. JACOBS: Even the designers are actually in agreement. We need more color. TOTH: Yeah. JACOBS: Also to Councilmember Kalivianakis, to his point, this is where too we work on those three months of the brand messaging, having more images, not just the logo concept. TOTH: And I want to end on the positive. I like the simplicity of the design. I like that it's our fountain. I think since it's our namesake that should continue being a part of our logo. I think if we add too much it won't look right, so I'm trying to give you a compliment in that the design itself I really like. I would be interested in seeing the other colors before officially approving it. I would really like it to look more like our fountain. Okay. MAYOR DICKEY: Thank you. Yes, councilman? SKILLICORN: Thank you, Madam Mayor. If we don't approve this tonight, what's the next step? I mean, what -- tell us your vision. Are we going to see more colors? Or is there a planned, you know, next step? I'm kind of curious what that is and I don't think -- the consensus, I don't think we're ready to approve this yet. Maybe we want to think about it and see it. But, you know, what does that look like to you? Are you going to talk us into it? Or is there other options? JACOBS: So Madam Mayor, Councilmember Skillicorn, there's a couple of options. Again, we could get some feedback. So I think it's also mentioned -- just direction. If you don't want to take official action, again, if we could understand -- I'm hearing that there's some maybe positivity towards option A. We'll just continue to work on it and if it's council's will, we'll bring it back to you. TOWN OF FOUNTAIN HILLS Page 100 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 100 of 124 If there's no action and there's feelings of hate -- I mean, the project would almost, you know, stop. MCMAHON: I like it. MAYOR DICKEY: Vice Mayor? MCMAHON: I think it's sophisticated. I think its simplicity is attractive. If you look at the flagpoles, it doesn't take away from our fountain. It really is really nice. I like the cleanness of it. I think it is universal in a lot of ways. And again, I don't think it conflicts with anything, our fountain badges or anything like that. The color -- I mean, I think that A one is very, very nice. The colors are fine. However, I wouldn't mind seeing another palette of a couple different ones. So thank you for your hard work. I know being an artist is very difficult. It's hard to sit there and listen to criticism. But again, thank you so much. I do like it. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: Okay, so I'm going to tell you a couple of the comments that I have heard. I agree -- I do agree we need to be more contemporary. We want to attract the younger audience. I feel like we're leaning in the right direction, but two things I heard -- napkin holder, Sydney Opera House. But I still like A better, but if we could -- and I'm sorry, now I've just planted both of those images in your head, didn't I? I'm really sorry about that. Sorry, dude. So now I've planted it in everyone's head, but I feel like we need to get that out there. So I think the colors will help a little bit, or maybe pulling the lines a little closer together. But those are the two comments that I heard and I just felt like I kind of needed to say something. I still like A better, though. I still think that's going the right direction. JACOBS: Thank you for the feedback. FRIEDEL: I guess I have to cop. I'm the napkin holder. GRZYBOWSKI: He is. FRIEDEL: It just didn't grab me. It's not vibrant. I like A better than B, but I really like the note card next to the envelope. To me, that picture is vibrant and it says something about our town. So if there's a way to incorporate a little bit more of that into A, that would be my suggestion. It grabs me a little bit more. When I see that note card -- I TOWN OF FOUNTAIN HILLS Page 101 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 101 of 124 think it's a note card -- MAYOR DICKEY: Um-hum. FRIEDEL: That grabs me and it says, that's Fountain Hills. So I do like A better than B. MAYOR DICKEY: Thanks. So part of it is just the idea of what a logo really is and to me, it's supposed to be kind of what this is. It's simple. I mean, I didn't think of a napkin or anything like that. It just looked like a fountain to me that was pretty cool-looking and simple. So like you could see it, but like on that note card it's a perfect thing to have. One of the things -- you know, maybe a hint of Four Peaks. I know I heard that, like something in the back. But I really like it. I think it's -- again, I was looking at Mesa and what some of these others have done. You know, it's an M, and then Glendale and -- it's got to be simple. I really think that and that's what I do like about it. And I like that it's contemporary and I like that you could probably put any color you want on it. Maybe because I've been here so long, but the whole bottom thing just totally looks like Fountain Hills to me. The fountain at Fountain Hills. So -- I'm sorry? UNIDENTIFIED SPEAKER: (Indiscernible). MAYOR DICKEY: Oh. So anyway, I like it. If I -- if we voted on it tonight, I would definitely say fine, because I know this isn't the end-all and the be-all. I think it's a nice- looking logo for -- and it's exactly what I think a logo should be. But, you know, obviously, we're hearing some other things. Yes, Vice Mayor? MCMAHON: It represents our town in the sense that the iconic item in our town is the fountain. And it is what -- you know, it's all of us. Yes, there's Four Peaks in the background and stuff, and I'm not dissing on Four Peaks. It's beautiful. But the simplicity of the fountain and what it represents and it -- to me, it just is a strong statement. So I'm going -- I think keeping it simple is really important. So I'd vote for it. MAYOR DICKEY: Any other comments, questions? So if we do nothing, what happens? Because I think it's -- I don't know that it's going to pass. So I'm trying to -- JACOBS: (Indiscernible) a minute, I'll try to paraphrase. You guys correct me if I'm TOWN OF FOUNTAIN HILLS Page 102 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 102 of 124 wrong. I know you will. So the consensus I think is leaning towards option A, adding more color and seeing more of what we call the implementation phase. But you have my word, we're not going to start, you know, plastering it anywhere or again the vision of starting to use it and market it, not just the town, but from an economic development purpose. But we'll work with Gordley and bring back, based off of your feedback. MILLER: Mayor, just real quick, too. So part of this, when you do these types of projects, you have an implementation package and what we'll get from Gordley will be the various different fonts that are -- you know, the sizes, the Pantone color, or colors I should say. And we'll see different applications on how this will be used. So maybe like on business cards it looks completely different than it might look on some sort of other type of document or maybe the seal of a car or -- you know, on the placard of a car. So I think what I'm hearing is that maybe the consensus is A, but you'd like to see maybe what those options look like with color and other things. So I think we -- what I'm hearing is there's consensus to maybe move forward and then maybe just get them to check in one more time before we do anything. Does that sound like what we can do? JACOBS: Yeah, that works. MAYOR DICKEY: Thank you. JACOBS: We'll be back in a few months. MAYOR DICKEY: Appreciate it. JACOBS: Thank you. MAYOR DICKEY: Thanks a lot. The next item is a budge transfer. David? POCK: I'm back. All right. So this item wouldn't -- in the past has normally been on consent. But since we're getting so close to our favorite time of year -- oh, and I meant my favorite time of year, budget -- we thought we'd go this a little bit -- in a little bit more detail, so that it was a little clearer maybe for everyone involved. So for the quarterly budget transfers, we just finished up our second quarter of the year, so I've got some of that information. TOWN OF FOUNTAIN HILLS Page 103 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 103 of 124 But to go over some of the policies first, the town maintains budget control at the departmental level, which is more restrictive than what's required as far as the Fund level. Departments may move budget between nonwage line items or between their divisions and programs in that department. Any transfer affecting wages or benefits requires prior approval by the Town Manager and Town Council. Capital projects are budgeted by project, which is again more restrictive and any change to an existing project or the addition of a new project must be approved by Town Council. Any use of General Administration Contingency must be supported by revenue collections and approved by council. Any questions on those policies before we go forward? Okay. So contingency you'll hear a lot about. The town is required to adopt a balanced General Fund budget. When expected revenues are more than our budgeted expenditures, the difference is added to General Administration Contingency, just to balance the budget. We do not reduce our expected revenues to meet expenditures. We increase the expenditures in Contingency to be used if they're received. So if budget revenue collections are being met, that Contingency can be authorized for use by council. Use of Contingency budget authority is typically used for unexpected, unbudgeted expenditures or carryover expenditures that were approved in the prior fiscal year but not completed until the current fiscal year. All unused budget authority including Contingency expires at fiscal year-end. So as far as the revenue goes, we're doing quite well this year. As you can see there on the left, collectively all of our TPT -- we had collected 9.4 million over the first six months. We had budgeted for 8.2. I will also mention that the first six months of the year are slightly less than half of our total revenues for the year. Our spring and early summer, the last six months of our fiscal year, tend to see a little bit higher -- not a lot but, you know, 52 percent compared to 48. As far as overall General Fund revenues, TPT accounts for 58 percent. As far as state-shared revenue, which is our second-largest revenue source, it accounts for 34 percent of our General Fund revenues. Quick math, that's 92 percent of our total revenues are between these two categories. TOWN OF FOUNTAIN HILLS Page 104 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 104 of 124 You can see our state-shared sales tax is right on target and our state-shared income tax is right on target as well. These are typically some of the least volatile parts of state-shared revenue. HURF and VLT are also considered state-shared and obviously are a little bit more volatile, depending on gasoline sales and car sales. So as far as the requested budget transfers before you tonight, General Administration Contingency would be reduced by $152,000. $102,000 of that would go to the Finance Division. There were two -- there's actually three different things that that covers. We had our Fire Services study and our Law Enforcement study that were approved for fiscal year '22. Those reports weren't finished until fiscal year '23 and the final invoices weren't received until fiscal year '23. The third item is something goes back to what we talked about earlier with the short-term rentals. There's about just over $27,000 for that software subscription to identify and monitor compliance. That's also part of that 102. 30,000 would go to the Facilities Operations organization code. That would be for the acquisition and installation of two containers, climate controlled containers to put the community center for storage. FRIEDEL: Can I ask a question on that? POCK: Sure. FRIEDEL: Why do we need those containers? What are we storing in there? POCK: So -- and -- UNIDENTIFIED SPEAKER: We'll have to -- POCK: Director Goodwin. GOODWIN: Great question. There's actually two answers to the question. One is that we have a medical equipment loaner program that is run through the Community Center. I think most of you guys are familiar with it. FRIEDEL: Yeah. GOODWIN: We lend out wheelchairs. We lend out walkers, crutches, whatever, on a temporary basis. Right now, those are in a shed that was donated. But it's not temperature-controlled and things, as we know in the desert, in our garages and our sheds crack. They deteriorate. They're not well-maintained. So we need a better place to store those types of materials. TOWN OF FOUNTAIN HILLS Page 105 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 105 of 124 Secondly, we have a lot of activities at the Community Center. As you know, our holiday program is a very, very active space with twenty-plus Christmas trees I think in there, as well as wreaths and other things and other activities, and we don't have adequate storage to maintain those items. We have another -- a bit of other seasonal things, but it's mostly the holiday décor that we have a lot of issue storing. And it's not a joke to say that it is sort of shoved in a closet and the door is closed as quickly as possible as of right now. FRIEDEL: I think I've seen one of those closets. I have another question. So $30,000, the initial thought I have is could we not rent a storage place in town? $30,000 would cover ten, twenty years' worth of storage or rental fees. I don't know what they cost anymore. Or is it just not logistically prudent to do that? I don't know if we use that stuff that much that we couldn't get a storage locker in town and rent -- or rent a storage locker and not pay $30,000? Is that something that was considered or -- GOODWIN: Well, I think you kind of hit the nail on the head with the idea that there is some logistics behind it. When someone comes to rent a wheelchair, it's generally a needed kind of thing. Once in a while, somebody will call ahead and see if we have any, but generally it's on-site usage. They come, they ask, we provide. Having to go get a piece out of storage would not necessarily be efficient. It's not to say you can't do it. You certainly could. And the same thing with the holiday -- the other décor. I think the idea here, too, is that the 30,000 -- and Pock, please correct me if I'm wrong -- is sort of soup to nuts. It's the acquisition, it's the installation, it's the running of the electricity to the unit so that they're there and functional. It's kind of all-inclusive. Now, we can certainly look into the storage option in town, if that's something -- we think that's prudent. I don't know what those rates are off the top of my head, by any means. MAYOR DICKEY: So if you wanted to get the trees, you'd have to get a vehicle to go somewhere and pick them up -- GOODWIN: Yeah, and we'd probably be -- MAYOR DICKEY: --and so there's probably some expense there. And then if -- like for TOWN OF FOUNTAIN HILLS Page 106 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 106 of 124 the wheelchairs, you'd have to have a vehicle that could carry a wheelchair and such, so it might be a little bit -- it might end up being expensive in that way. I don't know. FRIEDEL: Will these containers give you capacity to handle even more? GOODWIN: We have a lot right now. I would hard-pressed to answer that until I saw how they are arranged and how we can maximize the space. We've done actually quite a bit of research. We've been working on this one probably since the spring to really add -- I -- to really envision what it is we need, how much space do we actually need, is it better to get two small ones or one larger one? And that's kind of where we broke it down and then we were able to work with several different vendors to identify whether we needed windows. Some of them were super-duper. They had lots of power and lots of windows and lots of shelving. I said, we don't need any bells and whistles. This is not a worksite. This is a storage facility. So we were able to strip it down to get to as reasonable a cost as we can. But I won't know the layout until we actually get in there and try to maximize that space. MILLER: And Rachael, just so everybody can envision, these are storage pods, right, that have been adapted for this particular use with like a window air conditioner or -- GOODWIN: Correct. I mean, for lack of a better way, yes. It's a built-in air- conditioning unit. MILLER: Heat pump or something. GOODWIN: Um-hum. MILLER: Okay. GOODWIN: That would operate as energy-efficient as possible. MILLER: So it kind of like -- I started having issues after Encore provided us all this equipment. And we took it on and it was a great service that we provide the community. I donated some of my parents' items and I was a little disappointed to see that some of the -- like the vinyl and some of that was starting to disintegrate because of the heat, you know. It's just like if you just stored the stuff in your garage and it's not air-cooled. So that's a big part of it and then also while we are looking at that, Rachael brought up the fact that they just don't have -- I mean, I would love to have the storage in the building. I mean, that would be the ideal place. But the building just does not have the storage capacity on the interior. TOWN OF FOUNTAIN HILLS Page 107 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 107 of 124 GOODWIN: Um-hum. Not for the number of programs and things that we support. MILLER: I mean, we could do it, but we'd have to give up programming space that is used for other programs. GOODWIN: We did. And you're right, we did. We looked at converting -- if there was a way to convert a classroom or an unused space in there or adapt existing closets or what-not. I mean, it was a bit of a Jenga puzzle, but this came down to be the most practical and useful option. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Mayor. There's going to be two points to my question here. So the first one, since we're talking about storage, you know, have we explored reaching out to the community to see if there's a charity, you know, a nonprofit, that wants to take over this and would love this equipment to give out? GOODWIN: We actually inherited from that -- from the other direction. I mean, it was actually run by a church group for a while and they -- not that they had the same issues, but they had similar issues in that they weren't open all the time. They weren't accessible to the community to the same capacity that our Community Center is. SKILLICORN: So we might want to question the demand for this program, if that's the case. If we already have someone that was out there that couldn't give the stuff away -- and the second -- GOODWIN: They gave us the program. SKILLICORN: I understand. But they gave it to us because they couldn't give it away. That's what really happened. But the other thing is that, you know, we have a crisis in this town of vacant space. You know, we have vacant storefronts. We have vacant retail. We have vacant commercial space. I'm sorry, but I can't approve taking $30,000 when we've got vacant spaces all over town and you know, we could ask for favors. We could find a cheaper renter, something like that. There's a story which I'll bring up probably in the future many times and you guys will get sick of it, just like we hear Councilwoman Grzybowski talk about the fee. You know, I ask my wife all the time for a bigger garage. And her answer is always, have less TOWN OF FOUNTAIN HILLS Page 108 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 108 of 124 stuff. And I've got to go back to that here. I don't think this is a good use for the taxpayers. This could fix roads. I mean, and this really isn't the proper role of government. There's got to be a charity or someone wants this stuff. MAYOR DICKEY: Do we have any cards on this item? MENDENHALL: No, Mayor. We do not. MAYOR DICKEY: Anybody want to make a motion? GOODWIN: And I think there's other items. This was just one of -- POCK: Yeah, I (indiscernible) done. I will make one point regarding the storage. Yes, we could do a storage solution, maybe. You're investing in expenses, though, at that point, and not an asset, so I'll just keep that point out there. The next item was for the Public Information. This is actually my fault, so I need to take ownership of that. This was approved in this year's budget, but it didn't get programmed in Munis (ph.) in our financial system in the right spot, so that's my fault. The next one is for Capital Projects Contingency. We do maintain Contingency in that fund as well. There was some landscaping services that were budgeted for fiscal year '22 that didn't occur until fiscal year '23, so that is 25,000. And that is all, so -- MAYOR DICKEY: Any questions? SKILLICORN: Unless someone's excited about jumping in questions, I would be okay approving this if we just amended that $30,000. So I'll make a motion to approve this amended without that $30,000 storage. TOTH: Second. MAYOR DICKEY: Let's see. MCMAHON: What do we do if I want to approve the whole thing? MAYOR DICKEY: She can amend the motion, can she not? ARNSON: Yeah. Mayor and council, you can move to amend. The same procedure as we did last time. We would vote -- if you get a second -- MAYOR DICKEY: Okay. ARNSON: -- we would vote on the amendment and then vote on the underlying motion. TOWN OF FOUNTAIN HILLS Page 109 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 109 of 124 MAYOR DICKEY: Okay. MCMAHON: I move to -- TOTH: Okay. My motion -- Allen's motion was already seconded, so do we need to do that vote first? MAYOR DICKEY: No. She's amending it right now. ARNSON: If there's an amendment -- MCMAHON: I'm moving to amend it -- ARNSON: Right. MCMAHON: -- to approve the attached budget as requested -- transfers as requested. TOTH: It was already seconded. ARNSON: Okay. GRZYBOWSKI: Second. ARNSON: Okay. So hold on. I want to make sure we're all clear about what we're doing, because I want to make sure -- UNIDENTIFIED SPEAKER: Thank you. ARNSON: -- I explained it well. Okay. When someone moves to amend a motion, the only thing that we're considering is, do we amend the underlying motion? And we will still have an opportunity to vote on the underlying motion if the motion to amend fails. Does that make sense? KALIVIANAKIS: I have a point of order. I don't believe you can amend an amendment. MAYOR DICKEY: He didn't amend anything. He moved to approve the attached budget without the $30,000. KALIVIANAKIS: Okay. MAYOR DICKEY: So we're amending -- UNIDENTIFIED SPEAKER: (Indiscernible). SKILLICORN: It's just how I would explain. I can explain it differently. ARNSON: You made a motion with the exception of that item. SKILLICORN: Yes. ARNSON: Is that fair to say? TOWN OF FOUNTAIN HILLS Page 110 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 110 of 124 SKILLICORN: Yes. ARNSON: Okay. Yeah. So -- FRIEDEL: Can I ask a question? ARNSON: Sure. FRIEDEL: Can I throw another log into this? Allen, would you consider amending your motion to have them check a rental in a facility in town, so that we don't just kill this if it's needed? MAYOR DICKEY: I think we have to vote on the amendment first, don't we? ARNSON: So let's -- FRIEDEL: So that's why I'm asking. ARNSON: -- let's vote -- MAYOR DICKEY: Yeah. ARNSON: -- if I could, let's vote on the amendment and see what happens with Councilmember McMahon's amendment. If it fails, then I would suggest that you either consider withdrawing, or changing your motion in some respect to reflect what Councilmember Friedel said, if that's your desire. Is that a fair compromise? It's late. MAYOR DICKEY: For you. ARNSON: I'm hoping up with something that makes some sense. SKILLICORN: It's fine. It's fine. ARNSON: Okay. MCMAHON: My motion was seconded by Sharron. I think we can -- MAYOR DICKEY: Move to approve the attached budget transfers as requested. All in favor, please say aye. UNIDENTIFIED SPEAKERS: Aye. MAYOR DICKEY: Any opposed? UNIDENTIFIED SPEAKERS: No. MAYOR DICKEY: So now we will vote on the initial -- KALIVIANAKIS: Well, how many no? SKILLICORN: Yeah, who -- MAYOR DICKEY: It was three to four, failed. So now we're going to vote on the initial TOWN OF FOUNTAIN HILLS Page 111 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 111 of 124 motion, which is the budget transfers without the $30,000 that go for -- SKILLICORN: Yeah. MAYOR DICKEY: -- loaning wheelchairs to our residents. SKILLICORN: Madam Mayor, may I answer Councilman Friedel? MAYOR DICKEY: To amend your motion? SKILLICORN: He asked the question about the specific (indiscernible). MAYOR DICKEY: Okay. SKILLICORN: So I don't want to kill the budget transfer and it would be my assumption that if we can't find a feasible option for storage, we could readdress it at the next meeting. I mean, we could -- you know, if we don't find anything that's reasonable, or oh, look, it costs more money to do it -- we're all reasonable. We'll have a discussion and go forth. MAYOR DICKEY: Motion on the table is to approve the budget transfers without the $30,000. And it was seconded. So all in favor, say aye. UNIDENTIFIED SPEAKERS: Aye. MAYOR DICKEY: Any opposed? GRZYBOWSKI: Nay. MAYOR DICKEY: Thank you. Okay. And now we don't want to do the wheelchairs anymore. Our next item, I'm wondering if it's okay if we do not do the -- KALIVIANAKIS: Ms. Mayor? Just for the record, I abstained in that last vote. MAYOR DICKEY: You abstained? KALIVIANAKIS: Just for the record. I didn't -- MAYOR DICKEY: Okay. That means you vote with the majority. KALIVIANAKIS: I just wanted to let you know, I didn't vote. MAYOR DICKEY: The next item is about the traffic signal, but given the hour, I would like to ask if you would mind if we put that on the next agenda and move to the last item. Okay? All right. So we're going to do the adopting the administrative policy for invocations at Town Council meeting. The (indiscernible). TOWN OF FOUNTAIN HILLS Page 112 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 112 of 124 MILLER: So as part of the last council meeting, we basically had a request before the council and the council gave direction. The majority wanted to bring back the invocation. Our Town Attorney went through and came up with some suggested or recommended ways to handle this administratively. So I'm going to turn it over to him because he spent the time on it and he's going to go through kind of the options that you have before you and of course, if you have any other ideas or suggestions, by all means bring that up tonight. ARNSON: Thank you, Grady. Of course, Mayor and council, good evening. We do have an administrative policy that is proposed for adoption tonight. You'll recall that during the discussion at the January 3rd council meeting, part of the -- I don't believe it was part of a motion, but part of the general consensus that we got from the counsel was indeed to return some form of whether ordinance or policy that would help guide the town, both formalizing our practices and procedures and establishing best practices for going forward. This is a baseline. There are things that can be modified within the policy, if you want to talk about those tonight. This is up to the council as to what policy they want to adopt. I am here to provide constitutional limitations and other explanation, which given the lateness of the hour, I'm sure you don't want to recess into executive session for that. But if necessary, I will recommend that we do so. Otherwise, this is for the council's consideration this evening. MAYOR DICKEY: Thank you. Do we have speaker cards on this item? MENDENHALL: Yes, Mayor, we do. We have quite a few comments, but I'm going to -- we do have a lady in person who'd like to speak, so we'll do her first. And that's Faryl Palles -- did I say it right? PALLES: Yeah. MENDENHALL: Okay. PALLES: Thank you. Hello. MAYOR DICKEY: Sorry about the hour. PALLES: Yeah. Yeah, so I want to direct your attention to the last sentence on the TOWN OF FOUNTAIN HILLS Page 113 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 113 of 124 administrative policy for invocations at Town Council meetings because this seems to be the only sentence which actually puts forward some kind of a mechanism or a methodology for who gets to speak, when they get to speak, et cetera. And I don't think it's adequate. I think we need a lot more process around this. I'm glad you said it's baseline because I think so, too. And so let me just point out a few things and I will be brief. So the language here, about the selection mechanism being at the Town Manager's discretion, is a very broad brush and it doesn't say anything. You know, what is his discretion? We have to spell this out. We need transparency around guidelines that he's going to follow because I promise you, this is a contentious issue. You guys came out on the first meeting of the year. You pushed the desire to bring the invocation back to the first agenda item and there was not any process around that. And I am a nontheistic humanist. I have ideas about what I would like to offer to this body that I think would be very powerful to unify and inspire the body. And so that's just a little bit about me. So -- and I think it also puts Mr. Miller in a very difficult position. You know, it just puts the whole burden on you to make choices and then if people don't like the choices that you make, you're going to be the guy to blame. And I don't think that's adequate. That's not adequate process. So this idea about first come, first served -- MAYOR DICKEY: Ma'am, we're going to be out of time. So is there a way you can wrap up real quick? Because we only have the three minutes. PALLES: Okay. Bottom line, I'm going to say, there's been no process around this. This is too important to not have process around this. And so what I'm asking is that a committee be formed, including residents -- and I want to be on that committee, obviously -- to brainstorm around a mechanism that feels fair to the residents and for all different walks of life to be represented. MAYOR DICKEY: Thank you. Hopefully, when you hear our conversation, maybe some of the -- what we come up with will -- PALLES: I'm sorry. Could you say that again? TOWN OF FOUNTAIN HILLS Page 114 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 114 of 124 MAYOR DICKEY: When you hear our conversation, hopefully we'll solidify some of the process and then you'll see there's a little bit more to it. Thank you. PALLES: Thank you. ARNSON: Mayor, if I may respond to at least a couple of the speaker's comments that I think might alleviate some concerns? MAYOR DICKEY: Yeah. ARNSON: The way that the policy's constructed is such that the Town Manager or his or her designee may, in his or her discretion, set the schedule for invocations. Not discretion as to who gets to say what. I want to be really clear that as stated in the policy, neither the manager nor anyone in this room associated with the Town of Fountain Hills is allowed to dictate who can offer an invocation based on faith, nonfaith belief, nonbelief, any of that. That is wholey prohibited. UNIDENTIFIED SPEAKER: I think that was clear. ARNSON: Okay. Well, what we can -- but what we can do is, you know, establish our schedule, ensure that the outreach that we're doing comports with the constitutional principles, and at least this baseline I'm confident would do that. Any further discussion is welcome from the council. MAYOR DICKEY: Thank you. ARNSON: Thank you. MAYOR DICKEY: Oh, do we have another card? MENDENHALL: I have -- now, these are -- MAYOR DICKEY: Oh, yes. MENDENHALL: -- the ones that aren't here to speak, but they put in writing. Linda Fraser is against the invocation. Lisa Miller is against the invocation. Cindy Couture is against the invocation. Nicolee Ober is against the invocation. Peggy Yeargain is against the invocation. And Cynthia Kingman is against the invocation. And this one is in your list, so you can read her comments about the prayer. TOWN OF FOUNTAIN HILLS Page 115 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 115 of 124 Then we have Gene Slechta who is for the invocation. And then we have Liz Gildersleeve that -- she spoke to yes on an administrative policy, and so you have her comment with respect to that policy. And then Dianne Price also -- she put about being against the public prayer, but she also has some questions and comments and you can read that. MAYOR DICKEY: Thank you very much. So a big pawn in the law, right? We want to be able to have people apply to do it, so that we're not picking and choosing. Councilman? Did you want to say something? SKILLICORN: Oh, if you don't mind, Mayor. I actually think this could be a long discussion, so I think we should talk a little bit about it and then maybe motion to table to next meeting. But I am very curious, isn't there -- and this would be probably directed to either the attorney or the Town Manager -- isn't there already a policy that's on the books from the -- you know, the previous times? ARNSON: Mayor and councilmember, no, there isn't a written policy. SKILLICORN: Oh, so we never had that? Okay. ARNSON: We had our sort of informal practices. MILLER: Yeah, the practice is the best way to describe it. SKILLICORN: That's the way -- yeah. MILLER: So we had a past practice in the past. SKILLICORN: Okay. So I think we all maybe get our peace tonight, but I think we should discuss this at another meeting because I want to like kind of noodle over this and frankly, there's only a handful of residents still left. I want to have everyone have an opportunity to think about it, have their -- you know, they could participate. So I'm not going to motion now, but I think, you know, let's get our peace and then we'll make a motion. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Which one? Me? Or her? Okay. I wouldn't be adverse to tabling this so we can get more public comment. I think that's not a bad idea. TOWN OF FOUNTAIN HILLS Page 116 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 116 of 124 If we do vote on this tonight, this is individuals who have a connection to Fountain Hills -- well, a connection could be you ate at the McDonald's two years ago, which would establish a connection. I think the wording has at least got to be tightened up to individuals who have a substantial connection to Fountain Hills. I think that'd be a much better wording to make sure that outsiders or people that want to interfere with our process don't come from the rest of the valley. They come here to do it. So that -- I would vote -- I would want to amend this to include that verbiage. MAYOR DICKEY: So since we have to do something at every meeting and we ran into some issues with this meeting because we didn't have a process in place, I'm a little hesitant to just table it straight out because then we'll just be in the same boat in the next meeting, not knowing what to do like we were this time. We had one person who spoke. He was the very first one. But if we go forward with the concept of then people contacting us and then first come, first served, that would've -- fell into that because that was the truth. But at this point, I am reluctant to just not -- I don't think there's that much change to this. Let me ask you what you want to say. GRZYBOWSKI: I have a problem with tabling it. It was put on an agenda -- I was told by a number of people -- and in a speedy manner and we didn't table the conversation then. But we want to table it now because there's less people here. I appreciate wanting input, but we had the same exact amount of time for people to be notified as we did for the initial conversation at the beginning of January. So I don't agree with tabling it just for that reason. I also -- I think trying to use the word substantial, that they have to have substantial -- FRIEDEL: Connection. GRZYBOWSKI: -- thank you -- connections, I disagree with that. We're walking a real fine line here. Do you want people to identify themselves -- that cannot be a part of the conversation. Our First Amendment dictates that we not promote one religion over another. I support the invocation because it was voted for. However, I firmly believe that TOWN OF FOUNTAIN HILLS Page 117 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 117 of 124 all religions must be represented. In the past two weeks, I have had a number of conversations with people and I heard that some have been told that only Christians are welcome to give the invocation. This is not an acceptable response. We have faiths from all over the spectrum. Some non-Christian members of our community that have contacted me in the past two weeks are Dudeism, Flying Spaghetti Monster, Hindu, Jewish, Muslim, Mormon, Native Americans, Satanic Temple, University Life Church [sic] and Wiccan. But I will tell you, a number of these people that contacted me are not going to be comfortable calling you to say that that's what they are. So they'll contact their pastor person and have them contact the Town Clerk or whoever the appointed person would be. How are they going to identify that it's a substantial -- connection, thank you. I feel like that's not a word that we need to add. MCMAHON: Aaron, can -- SKILLICORN: Madam Mayor, and just -- oh. MAYOR DICKEY: Vice Mayor, sorry. SKILLICORN: Oh, yeah. MCMAHON: Aaron, could you -- the case we're relying on, or one of the big cases that we're relying on about connection to a town, is it the Greek something case? ARNSON: It's the Town of Greece case, yes. MCMAHON: Right. There's no word substantial about connection. ARNSON: I'm sorry, could you repeat that? MCMAHON: I mean, there's no word substantial connection to the community in that particular case. Unfortunately, I don't have it in front of me. It basically explains that when making a selection, it has to be nondiscriminatory and based on the faiths in your community that have a connection to your community. It never says substantial or anything. So I mean, it's basically saying representative of our town. I don't know how you would -- in order to have substantial connection, do they have to have a brick and mortar building? What? I mean, who are we to judge that? We're not. So I think to be fair, I don't think that that word is required to be in there. ARNSON: And in response, Mayor and Vice Mayor, I can't speak -- I could do a control TOWN OF FOUNTAIN HILLS Page 118 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 118 of 124 find real quick, but I can't speak as to whether that case uses the word substantial or not. Okay. GRZYBOWSKI: If I may, I don't support the concept of a brick and mortar building. There are quite a few faiths that, whether you consider them legitimate or not, they have brick and mortar elsewhere and our people choose to go there. Or yes, there's a Presbyterian church down the street, but they prefer their favorite Presbyterian church in Scottsdale because that's where they grew up. So I don't like the concept of brick and mortar. I don't think that that's a satisfactory requirement, either. FRIEDEL: So what's the connection to the town if they go out of town for their practice? GRZYBOWSKI: They live here. Oh, sorry. They live here. That's their connection. So if they want their pastor to speak, that's their connection. If you have, for example, let's say Muslim, there's a place on East Via Linda. I think he's actually done the invocation in the past few years. You can't tell our Muslim friends, I'm sorry, you don't have a brick and mortar here. I think there's just too fine a line. I think we need to either open it up to all religions or not do an invocation. MAYOR DICKEY: Councilwoman? TOTH: Again, this is opened up to all religions and considering that I would agree, actually, about the substantial, we don't necessarily need that word. I don't know. I don't think it really needs that much change. So I'm going to throw out a motion and see what happens. Move to direct staff to adopt the administrative policy as stated or to reflect changes as noted. Those changes being -- I actually don't have any, so never mind, thanks. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. Any further -- KALIVIANAKIS: I don't understand what the motion is. MAYOR DICKEY: The motion is to accept this and then I think -- GRZYBOWSKI: As is. MAYOR DICKEY: Pardon me? TOWN OF FOUNTAIN HILLS Page 119 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 119 of 124 TOTH: As is. MAYOR DICKEY: As is. GRZYBOWSKI: Because she didn't have any -- MAYOR DICKEY: Right. Because we didn't make any changes. But I believe that when it comes to the regular -- how to administer it, it will be done in a way that everybody will have the opportunity, whether they're residents or whatever, to apply. I mean, I think that's exactly what we need to do. We have to make sure that we -- and we're not allowed to see or ask them what they're going to say, either. So -- MCMAHON: I don't even think we've discussed it. And I don't feel like we've even discussed it. I have a couple more comments that I would like to make. MAYOR DICKEY: Well, she -- it's moved and seconded, and I think you can comment if you like on the motion and the second. MCMAHON: I'm not going to -- I don't think we fully discussed it. I don't think we fully discussed the process. When people get selected to -- or not selected. When they have an opportunity to speak, do they get a confirmation letter? Do they tell them how long they get to speak? Do they give them any parameters? They can't use the -- really, they're not supposed to use the word Jesus and a lot of things. So I mean, it's like -- I don't even -- there's not a process in place, but there's no direction for them, either. And -- MAYOR DICKEY: Vice Mayor, I think there is direction as far as -- well, we can say -- we can start a date where people can start applying. It's first come, first served. It's open to anybody who applies who either lives in Fountain Hills or -- you know, I think that might be one way to say they have a connection to Fountain Hills. But this is the only way to proceed that makes sure that everybody has an equal opportunity to contact us and ask to do the invocation. And then it's really just paperwork. You did it first. We have 18 meetings in the rest of the year. And it's just math at that point. When did they ask, and again, no matter what we do, we can't look at what they want to say. We cannot screen. We cannot ask. So that's the -- it's a challenge. Because anybody could say anything. MCMAHON: How long can they speak? TOWN OF FOUNTAIN HILLS Page 120 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 120 of 124 MAYOR DICKEY: Well, we can set that. You know, we can set that. Especially on nights like tonight. MCMAHON: I mean, one minute? Is it replacing the one minute moment of silence? One minute. MAYOR DICKEY: Well, I think we could do something like that. MCMAHON: I mean, it's my understanding based on things that I've read that there's a fine line. The invocation is directed at council to come together. It's not necessarily a -- and no offense. Don't anybody take offense to what I'm saying, please. It's not necessarily like a church service and stuff. There's a real fine line with the prayer and starting to preach in the name of Jesus and things like that. I mean, that's the one thing we have to be careful of because there's so many denominations, so many beliefs, that I think that discriminates. I'm just saying it in a general manner. So I just don't think that there's -- I know this is a really tough one for all of us. And Aaron, I appreciate -- because it's a difficult -- geez, it's a difficult thing to write about. ARNSON: No, it was easy. I didn't have any trouble. MCMAHON: Because I mean, there's such a fine line and you don't want to hurt people's feelings, discriminate, eliminate, et cetera. But I just -- I mean, there's no -- I just don't think that the process is clear enough. MAYOR DICKEY: Do you have anything, Aaron? Oh, councilwoman? TOTH: Sorry. Madam Mayor, if I heard you correctly a couple minutes ago, you had said that the actual process for getting it done is something that we can still get community input on. This is just getting something in the book so it's official. MAYOR DICKEY: I just want something, so that when we have our next meeting we are knowing what we're doing. TOTH: Okay. MAYOR DICKEY: So if we set a time limit or a time to begin where we'll start to get requests, that's where the first come, first served -- that's where everybody has the same opportunity to apply. So whatever their religion or nonreligion is, they have the same TOWN OF FOUNTAIN HILLS Page 121 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 121 of 124 opportunity. So like the people that Sharron has heard from, that are like oh, I want to do it. This is going to be it. So I don't know what the day or time will be, maybe Thursday morning or something. I don't know who the person will be. But an email with a time on it, that's where it starts. There's 18 minutes -- I mean meetings. No slates, you know, so you can't sign up eight people. No repeats. I think it's fair. I think it -- we have to follow the law and the law says an individual of any faith or no faith and I don't know how else to do that without basically like we ask people to apply for commissions or whatever. I mean, the word's out there. It's up to you to contact us. TOTH: Okay, so with that in mind, I'll amend my motion -- am I allowed to amend my motion once there's been a second? MAYOR DICKEY: Aaron? Maybe. Let's see what he says. ARNSON: Sure. Maybe -- UNIDENTIFIED SPEAKER: (Indiscernible). ARNSON: Sure. Maybe. Maybe, councilmember, I would suggest just with the consent of whoever your second was. Maybe withdraw it and then just restate your motion. TOTH: Okay. ARNSON: Okay. TOTH: I withdraw -- UNIDENTIFIED SPEAKER: (Indiscernible). MAYOR DICKEY: Well, hold on. She can do this and then you -- TOTH: I'm recognized by the chair. I withdraw my motion and instead move to direct staff to adopt the administrative policy as stated or to reflect -- oh, I see -- to direct staff to adopt the administrative policy -- it's late, everybody, I'm sorry -- to reflect changes including a two-minute time limit on the invocation, only because a minute goes by pretty quick. MCMAHON: I think if it's replacing the one minute moment of silence, it should be one minute. TOTH: One minute. MAYOR DICKEY: Do you second that? GRZYBOWSKI: I second this one, yes. FRIEDEL: The one minute one. TOWN OF FOUNTAIN HILLS Page 122 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 122 of 124 GRZYBOWSKI: The one minute one, correct. MAYOR DICKEY: Councilman? SKILLICORN: And if the motion is voted on and fails, we just go back to the administrative process, right? ARNSON: If the motion fails, someone can try a new motion, or whatever the council -- SKILLICORN: Okay. So I mean, I still think that there's stuff -- I mean, I don't mind the substantial part. This here says any individual. So you don't have to be a pastor. You don't have to have a, you know, any type of licensing. Individuals can be rando. I mean, I would be a no on this. I still think we want to just work with the Town Attorney. You know, maybe we take a sample from one of the other towns around us and have that language. That's all. MAYOR DICKEY: So you don't want individuals to be able to apply or request an opportunity to make an inquiry? SKILLICORN: The way it's written, it's first come, first served. You don't know anything about them. I mean, we're not going to ask that type of question. It's not going to be a spiritual leader. It could be someone trying to, you know -- MAYOR DICKEY: But that's exactly -- SKILLICORN: -- selling soup. MAYOR DICKEY: But that what the law says we have to accept. SKILLICORN: I don't think the law says you can have someone here to sell soup. And -- UNIDENTIFIED SPEAKER: (Indiscernible). MAYOR DICKEY: Of course we do. We have to accept anybody of any faith or no faith. It says it. SKILLICORN: Well, then let the motion fail. MAYOR DICKEY: There's a motion and a second on the floor. All those in favor, please say aye. SKILLICORN: I request a roll call. UNIDENTIFIED SPEAKERS: Aye. MAYOR DICKEY: A roll call vote on the motion and second, please. TOWN OF FOUNTAIN HILLS Page 123 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 123 of 124 MENDENHALL: Okay. Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: I don't know yet. MENDENHALL: Come back to you? I'll come back to you. Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Nay. MENDENHALL: Councilmember Toth? TOTH: This is going to make me look real silly. But I'm voting nay on my own motion. I'm sorry. I'm going to move to table next. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Nay. MENDENHALL: Councilmember Friedel? MAYOR DICKEY: (Indiscernible). FRIEDEL: I'd rather take the nay. MENDENHALL: Nay? Okay. This one fails, so. KALIVIANAKIS: I'd like to make a motion to table until the next Town Council meeting. GRZYBOWSKI: I'd like to amend that motion. MAYOR DICKEY: I don't know if you can. GRZYBOWSKI: All I want to do is no invocation until we get this settled. That's all I want to do. MAYOR DICKEY: Yay. ARNSON: That's not within my -- SKILLICORN: I'm seconding the original motion. ARNSON: You have a motion to table and a second, Mayor. MAYOR DICKEY: A motion to table can't be debated. TOWN OF FOUNTAIN HILLS Page 124 of 124 JANUARY 17, 2023 TOWN COUNCIL MEETING MINUTES Page 124 of 124 ARNSON: Yeah. MAYOR DICKEY: And it was seconded. ARNSON: It was. MAYOR DICKEY: All in favor of tabling -- SKILLICORN: Request a roll call. MENDENHALL: Vice Mayor McMahon? MCMAHON: Nay. MENDENHALL: Okay. Councilmember Friedel? FRIEDEL: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Nay. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Aye. Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes to table. MENDENHALL: Mayor Dickey? MAYOR DICKEY: No. MENDENHALL: No. Tabling wins, 4 to 3. MAYOR DICKEY: Next item is our discussion/direction to Town Manager. Is there anything? We're adjourned ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approve a Special Event Liquor License application for the Dark Sky Association for a  beer and wine garden in conjunction with the Dark Sky Festival on March 25, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Scott Adams, representing the Dark Sky Association, for submission to the Arizona Department of Liquor.    The applicant and the Dark Sky Association are keenly aware that the final issuance of a liquor license as well as approval to hold the Dark Sky Festival on March 25, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health and the COVID-19 pandemic.    All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor, and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve special event liquor license application. Attachments G:\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Community Services Director Linda Mendenhall 02/28/2023 07:42 AM Finance Director David Pock 02/28/2023 08:17 AM Town Attorney Linda Mendenhall 02/28/2023 05:07 PM Town Manager Grady E. Miller 02/28/2023 05:19 PM Form Started By: Linda Ayres Started On: 02/15/2023 05:41 AM Final Approval Date: 02/28/2023  ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-04, abandoning the 10' Public Utility and Drainage Easement along the south side of 15815 E Thistle Drive (Application A23-000003). Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easement along the southern property line of Plat 603-C, Block 1, Lot 5 (15815 E Thistle Drive).  Chris Meyer, the owner of the property, is planning to install a swimming pool in the rear yard, which will encroach into the existing easement.  Staff have reviewed the site to determine the potential on-site  drainage issues in addition to the Town's general interest in the easement.  There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property.  All public utilities have approved the abandonment of this easement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2023-04. SUGGESTED MOTION MOVE to adopt Resolution 2023-04. Attachments Vicinity Map  Vicinity Map  Aerial Photo Map  Res 2023-04  Exhibit A: Survey  Form Review Inbox Reviewed By Date Development Services Director John Wesley 02/08/2023 01:00 PM Town Attorney Aaron D. Arnson 02/08/2023 01:18 PM Town Manager Grady E. Miller 02/10/2023 04:34 AM Form Started By: David Janover Started On: 02/07/2023 08:54 AM Final Approval Date: 02/10/2023  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FOUNTA I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 15815 E Thistle Dr A23-000003 DEVELOPMENT SERVICES All that is A r i z o n a F O U N T AIN HI L L S T OWN OF INC. 1989 ZONING: R1-8 LOT 5 LEGEND: PHOTO MAP 2022 AERIAL LOT 4 A23-000003 LOT 6 E T H I S T L E D R LOT 10 ABANDON 10' P.U.E. & D.E. RESOLUTION 2023-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE SOUTHERN PROPERTY LINE OF PLAT 603-C, BLOCK 1, LOT 5 (15815 E THISTLE DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS, PAGE 43 WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the certain public utility and drainage easement, located at the SOUTHERN property line of Plat 603-C, Block 1, Lot 5 (15815 E Thistle Drive) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 43, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills March 7, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney EXHIBIT "A" TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT LOT 5 A23-000003 ITEM 7. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the First Amendment to the Professional Services Agreement 2022-034 with Elite Civil Construction, LLC, for Guardrail Repair and Maintenance Staff Summary (Background) By utilizing cooperative purchasing agreement contracts, the Town of Fountain Hills has been able to take advantage of competitive pricing from procurement processes of other municipalities.   The City of Tucson solicited bids for Guardrail & Related Products and Services (IFB 202275). Based on this competitive process, the City of Tucson awarded the contract to Civil Elite Construction, LLC. Civil Elite Construction, LLC. agreed to extend Tucson’s contract pricing to the Town of Fountain Hills. The original agreement provided for $50,000 per term, with a not to exceed amount of $250,000 including four renewal terms. However, these per term limits have been reached due to recent collisions that have caused extensive damage to the Town's guardrails. As a result, the Public Works Department wishes to amend the previous Council-approved cooperative purchasing agreement with Civil Elite Construction, from October 11, 2021. The amendment removes the per term limitation of $50,000 and allows for the full $250,000 to become available to be used for repairs as they are needed.   The Town owns and is responsible for the maintenance and repair of 10,00 linear feet of guardrail. The guardrail maintenance program requires repairs, replacement, and removal in a timely manner to ensure all guardrails are properly maintained and in compliance with the Arizona Department of Transportation and the Federal Highway Administration guidelines. This contract amendment will ensure that guardrails needing repair, replacement or removal can be addressed in a timely manner. Guardrails are used to redirect vehicles away from more hazardous objects and are among the most basic roadside safety features implemented on the Town’s roadways. They are designed to prevent vehicles from leaving the roadside and becoming involved in more hazardous collisions. Many different types of guardrails have been designed, tested, installed, and evaluated. Installation of guardrails is normally warranted by the presence of one or several of the following features along a roadway: high embankments with steep side slopes; sharp curves; obstacles such as bridges, piers and sign supports less than thirty (30) feet from the edge of the travel-way; or other non-traversable hazards such as washes.   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis Failure to amend/renew the contract for guardrail maintenance and repair could delay repairs and could create compliance issues with the Arizona Department of Transportation and the Federal Highway Administration guidelines.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval of Amendment #1 to Professional Services Agreement 2022-034 with Elite Civil Construction, LLC, for Guardrail Repair and Maintenance. SUGGESTED MOTION MOVE to Approve of Amendment #1 to Professional Services Agreement 2022-034 with Elite Civil Construction, LLC, for Guardrail Repair and Maintenance in the not-to-exceed amount of $250,000.  Attachments Amendment #1 C2022-037  C2022-037 CPA Elite Civil Construction  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 02/28/2023 04:20 PM Finance Director David Pock 03/01/2023 01:42 PM Town Attorney Linda Mendenhall 03/01/2023 02:01 PM Town Manager Grady E. Miller 03/01/2023 02:14 PM Form Started By: Justin Weldy Started On: 02/07/2023 04:20 PM Final Approval Date: 03/01/2023  1 Contract No. 2022-037.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ELITE CIVIL CONSTRUCTION, LLC THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Elite Civil Construction, LLC, a(n) Arizona limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process, the City of Tucson entered into Contract No. 202275-01, dated October 30, 2019, (the “City Contract”), with the Contractor for Guardrail and Related Products and Services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated October 11, 2021, based upon the City Contract (the “Agreement”), for the provision of Guardrail and Related Products and Services (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services (the “Additional Materials and Services”) are necessary. D. The Town and the Contractor desire to enter into this First Amendment to increase funds to compensate the Contractor for services needed. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $250,000 (including all renewals) for the Materials and Services. All remaining terms and conditions of the Agreement shall remain in full force and effect. 2 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 4. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 5. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 1 Contract No. 2022-037 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ELITE CIVILCONSTRUCTION, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of October 11, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Elite Civil Construction, LLC, a(n) Arizona limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process, the City of Tucson (“City”) entered into Contract No. 202275-01, dated October 30, 2019, as amended (collectively, the “City Contract”) for the Contractor to provide guardrail and related products and services. A copy of the City Contract is incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the City Contract, at its discretion and with the agreement of the awarded Contractor, and the v Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the City Contract (Exhibit A) and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with guardrail and related products and services (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until October 10, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the City Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the City Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional 2 one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the City Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the City Contract. The Town does not guarantee that any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a “Work Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the City Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the City Contract will be subject to rejection. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the City Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Term amount not to exceed $50,000 for the Materials and Services at the rates that shall be agreed upon by the parties. The aggregate amount per renewal term shall not exceed $50,000 ($250,000 in the aggregate including original term and all renewals) in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall 3 invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the City Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the City Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and 4 budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town’s termination of this Agreement pursuant to this section. 11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, the City Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the City Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the City Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the City Contract, the Town shall be afforded all of the rights and privileges afforded to City and shall be “City (as defined in the City Contract) for the purposes of the portions of the City Contract that are incorporated herein by reference. 13. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to City to the extent provided under the City Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 5 14. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: Elite Civil Construction, LLC 3240 W. Lincoln St. Phoenix, Arizona 85009 Attn: Jesus Jaramillo or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth Klein (Oct 13, 2021 16:01 PDT) “Contractor” ____________________________________, By: Name: Title: ELITE CIVILCONSTRUCTION, LLC President-Member JESUS JARAMILLO EXHIBIT A TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ELITE CIVIL CONSTRUCTION, LLC [City Contract] See following pages. BUSINESS SERVICES~ SHARED SERVICES ~ PROCUREMENT CITY HALL  255 W. ALAMEDA  P.O. BOX 27210  TUCSON, AZ 85726-7210 (520) 791-4217  FAX (520) 791-4735  TTY (520) 791-2639 www.cityoftucson.org www.tucsonprocurement.com CITY OF TUCSON BUSINESS SERVICES DEPARTMENT November 4, 2019 Jesus Jaramillo, Owner Alpha Fencing & Ironworks 11137 W. Ashbrook Pl. Avondale, AZ. 85392 alphafencing@aol.com Re: Contract #202275- Guardrail & Related Products and Services Dear Mr. Jaramillo, Congratulations! The City of Tucson has awarded to your firm the above referenced contract. Enclosed is a copy of the Designation of Contract Representative memorandum, outlining the duties and responsibilities of the representative as they relate to this contract. If you have any questions concerning this award, please contact me at (520) 837-4118. Sincerely, Sandra Alcorn Senior Contract Officer CONTRACT AMENDMENT CITY OF TUCSON – BUSINESS SERVICES DEPARTMENT CONTRACT: 202275-01 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 CONTRACT AMENDMENT NUMBER: ONE (1) P.O. BOX 27210, TUCSON, AZ 85726 PAGE 1 of 1 PHONE: (520) 837-4107 / FAX: (520) 791-4735 MF MARITZA.FELIX@TUCSONAZ.GOV CONTRACT OFFICER: MARITZA FELIX ISSUE DATE: Thursday, September 17, 2020 GUARDRAIL & RELATED PRODUCTS AND SERVICES THIS CONTRACT IS AMENDED AS FOLLOWS: ITEM 1: CONTRACT RENEWAL Pursuant to the Contract, Special Terms and Conditions, Number 5, Term and Renewal, Contract #202275- Guardrail & Related Products and Services, the City is hereby exercising its option to renew the contract for the period of November 4, 2020 through November 3, 2022 **********END OF AMENDMENT********** ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. CONTRACTOR: ALPHA FENCING & IRONWORKS CITY OF TUCSON: CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF THE ABOVE REFERENCED CONTRACT AMENDMENT AND UNDERSTANDING OF THE ABOVE AMENDMENT. IS HEREBY EXECUTED THIS ____________________ DAY OF____________________, 2020, AT TUCSON, ARIZONA. Signature of person authorized to sign Date as Director of Business Services and not personally Name and Title (typed or printed legibly) Company Name Address Email Address City State Zip Contact information for Sales/Account Representative for daily business operations: Name and Title (typed or printed legibly) Phone Number Email Address 10/5/2020 Jesus Jaramillo - Owner Alpha Fencing & Ironworks 11937 W. Ashbrook Pl alphafencing@aol.com Avondale, AZ 85392 Jesus Jaramillo - Owner (210) 251-8186 alphafencing@aol.com 6th October for CONTRACT AMENDMENT DEPARTMENT OF BUSINESS SERVICES CONTRACT NO: 202275-01 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 CONTRACT AMENDMENT NUMBER: TWO (2) P.O. BOX 27210, TUCSON, AZ 85726 PAGE 1 of 1 PHONE: (520) 837-4118 / FAX: (520) 791-4735 SA Sandra.Alcorn@tucsonaz.gov SENIOR CONTRACT OFFICER: SANDRA ALCORN ISSUE DATE: Tuesday, September 14, 2021 ON-CALL PROFESSIONAL SURVEY SERVICES THIS CONTRACT IS AMENDED AS FOLLOWS: ITEM ONE (1): ASSIGNMENT-DELEGATION In accordance with the Contract, Standard Terms and Conditions, Item 5, Assignment- Delegation, the parties hereby agree that, when executed this amendment shall provide written consent of ALPHA FENCING & IRONWORKS to assign its rights, duties and obligations in connection with the GUARDRAIL & RELATED PRODUCTS AND SERVICES, Contract 202275-01 and shall constitute acceptance of the assignment by ELITE CIVIL CONSTRUCTION, LLC. Nothing in the Consent shall create any additional liability or obligation on the part of the City of Tucson, and the City of Tucson shall not have or assume any liability or obligation with respect to the assignment. ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF THE ABOVE REFERENCED CONTRACT AMENDMENT AND UNDERSTANDING OF THE ABOVE AMENDMENT. IS HEREBY EXECUTED THIS ____________________ DAY OF____________________, 2021, AT TUCSON, ARIZONA. Signature of person authorized to sign Date As Director of Business Services and not personally Name and Title (typed or printed legibly) ALPHA FENCING & IRONWORKS Company Name Address Email Address City State Zip CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF AND UNDERSTANDING OF THE ABOVE AMENDMENT. Signature of person authorized to sign Date _________________________________________________ Name and Title (typed or printed legibly) ELITE CIVIL CONSTRUCTION, LLC Company Name Address Email Address City State Zip 9/14/2021 Jesus Jaramillo - Owner 11137 W. Ashbrook Pl alphafencing@aol.com Tucson AZ 85392 9/14/2021 Jesus Jaramillo - Member/President 3240 W. Lincoln St jesus@elitecivilcon.com Phoenix AZ 85009 14th September for EXHIBIT B TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ELITE CIVIL CONSTRUCTION, LLC [Quote or Work Order] See following pages. Town of Fountain Hills Contract 2022-037 Elite Civil Construction Final Audit Report 2021-10-13 Created:2021-10-12 By:Robert Durham (rdurham@fountainhillsaz.gov) Status:Signed Transaction ID:CBJCHBCAABAABRA1v2lO5cMmCn0E3Q9BJkPLbxWGPXz8 "Town of Fountain Hills Contract 2022-037 Elite Civil Constructio n" History Document created by Robert Durham (rdurham@fountainhillsaz.gov) 2021-10-12 - 2:00:50 PM GMT- IP address: 184.178.192.162 Document emailed to JESUS JARAMILLO (jesus@elitecivilcon.com) for signature 2021-10-12 - 2:01:25 PM GMT Email viewed by JESUS JARAMILLO (jesus@elitecivilcon.com) 2021-10-12 - 5:59:58 PM GMT- IP address: 174.76.36.106 Document e-signed by JESUS JARAMILLO (jesus@elitecivilcon.com) Signature Date: 2021-10-12 - 6:02:23 PM GMT - Time Source: server- IP address: 174.76.36.106 Document emailed to Robert Durham (rdurham@fountainhillsaz.gov) for approval 2021-10-12 - 6:02:26 PM GMT Email viewed by Robert Durham (rdurham@fountainhillsaz.gov) 2021-10-12 - 6:02:44 PM GMT- IP address: 184.178.192.162 Document approved by Robert Durham (rdurham@fountainhillsaz.gov) Approval Date: 2021-10-12 - 6:03:55 PM GMT - Time Source: server- IP address: 184.178.192.162 Document emailed to David Pock (dpock@fountainhillsaz.gov) for approval 2021-10-12 - 6:03:57 PM GMT Email viewed by David Pock (dpock@fountainhillsaz.gov) 2021-10-12 - 6:07:18 PM GMT- IP address: 184.178.192.162 Document approved by David Pock (dpock@fountainhillsaz.gov) Approval Date: 2021-10-12 - 8:10:13 PM GMT - Time Source: server- IP address: 184.178.192.162 Document emailed to Aaron Arnson (aaron@piercecoleman.com) for signature 2021-10-12 - 8:10:16 PM GMT Email viewed by Aaron Arnson (aaron@piercecoleman.com) 2021-10-13 - 4:03:08 PM GMT- IP address: 174.76.46.68 Aaron Arnson (aaron@piercecoleman.com) verified identity with Adobe Sign authentication 2021-10-13 - 4:03:43 PM GMT Document e-signed by Aaron Arnson (aaron@piercecoleman.com) Signature Date: 2021-10-13 - 4:03:43 PM GMT - Time Source: server- IP address: 174.76.46.68 Document emailed to Grady Miller (gmiller@fh.az.gov) for signature 2021-10-13 - 4:03:46 PM GMT Email viewed by Grady Miller (gmiller@fh.az.gov) 2021-10-13 - 5:45:48 PM GMT- IP address: 184.178.192.162 Grady Miller (gmiller@fh.az.gov) verified identity with Adobe Sign authentication 2021-10-13 - 5:46:40 PM GMT Document e-signed by Grady Miller (gmiller@fh.az.gov) Signature Date: 2021-10-13 - 5:46:40 PM GMT - Time Source: server- IP address: 184.178.192.162 Document emailed to Elizabeth Klein (eklein@fountainhillsaz.gov) for signature 2021-10-13 - 5:46:43 PM GMT Email viewed by Elizabeth Klein (eklein@fountainhillsaz.gov) 2021-10-13 - 6:23:12 PM GMT- IP address: 184.178.192.162 Elizabeth Klein (eklein@fountainhillsaz.gov) verified identity with Adobe Sign authentication 2021-10-13 - 11:01:08 PM GMT Document e-signed by Elizabeth Klein (eklein@fountainhillsaz.gov) Signature Date: 2021-10-13 - 11:01:08 PM GMT - Time Source: server- IP address: 184.178.192.162 Agreement completed. 2021-10-13 - 11:01:08 PM GMT ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2023-070 with Top Leaf Tree Services, LLC for Professional tree services. Staff Summary (Background) The Town of Fountain Hills utilizes a wide range of contractors across all departments to augment Town staff as needed to perform maintenance services. For example, the Public Works Department utilizes contracts to assist in the maintenance of roadway medians and open space areas to ensure that the community receives high quality and timely maintenance services. The Streets Division is responsible for maintaining thirty-eight (38) acres of medians with approximately 330 palm trees and over 10,000 other trees of various species and sizes.   One aspect of tree maintenance services that has been difficult to procure at times is professional tree pruning services, which is a standard for all municipal maintenance operations.Top Leaf Tree Services, LLC, is one of the major tree service companies operating in Arizona. The Town published an Invitation for Bids (IFB) on December 21, 2022, on the Town website and in the Fountain Hills Times, and the Arizona Business Gazette on December 22, 2022. Top Leaf Tree Services was selected by the Invitation for Bids review committee as the responsive bidder and has agreed to provide tree trimming services based on the Fee Proposal attached to this report as Exhibit A and included in the Invitation for Bids (IFB) submittal.  The annual amount for professional tree pruning services is $100,000 across all Departments with an aggregate amount not to exceed $500,000 for the five-year term of the agreement. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement.  Risk Analysis The reason that trees should be pruned is safety. When weak, dead, or dying branches are left on the tree, there is always a heightened risk that they will be broken off unexpectedly and fall into the roadway. This has the potential to cause vehicular and property damage accidents which may result in claims against the town. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval of Professional Services Agreement 2023-070 with Top Leaf Tree Services LLC, for Professional tree services. SUGGESTED MOTION MOVE to approve Professional Services Agreement 2023-070 with Top Leaf Tree Services LLC, for Professional tree services in the amount of $100,000, with an aggregate amount not to exceed $500,000 over five years, and any associated budget transfers. Fiscal Impact Fiscal Impact:100,00-500,000 Budget Reference:N/A Funding Source: If Multiple Funds utilized, list here:Streets fund, Facilities, Community Services/Parks Budgeted: if No, attach Budget Adjustment Form: Attachments Professional Service Agreement  Invitation For Bids (IFB)  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 02/16/2023 07:18 AM Finance Director David Pock 02/16/2023 07:55 AM Town Attorney Aaron D. Arnson 02/16/2023 08:48 AM Town Manager Grady E. Miller 02/27/2023 09:34 AM Form Started By: Justin Weldy Started On: 02/07/2023 07:15 AM Final Approval Date: 02/27/2023  Contract No. 2023-070 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TOP LEAF TREE SERVICE, LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Top Lef Tree Service, LLC, a(n) Arizona limited liability company (the “Vendor”). RECITALS A. The Town issued a Request for Proposals, IFB No. 2022-031 (the “IFB”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of on call tree trimming, tree removal, stump removal, pruning, and immediate/emergency services for the Town (the “Services”). B. The Vendor responded to the IFB by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date of execution and shall remain in full force and effect until February 1, 2024 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $500,000. The amount per renewal term/annual amount shall not exceed $100,000 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: Top Leaf Tree Service, LLC 1905 S. Old Greenfield Rd. Mesa, Arizona 85206 Attn: Jason Klug or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.21 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. [SIGNATURES ON FOLLOWING PAGES] EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TOP LEAF TREE SERVICE, LLC [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming RESPONSE DEADLINE: January 19, 2023 at 5:00 pm Report Generated: Monday, February 6, 2023 Top Leaf Tree Service Proposal CONTACT INFORMATION Company: Top Leaf Tree Service Email: jason@topleafaz.com Contact: Jason Klug Address: 1905 S Old Greenfield Rd Mesa, AZ 85206 Phone: (480) 833-6465 Website: https://topleafaz.com/ Submission Date: Jan 19, 2023 9:52 AM PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Jan 18, 2023 11:46 AM by Jason Klug QUESTIONNAIRE 1. Licenses APPLICABLE LICENSES * Pass Please upload your current Licenses here Top_leaf_Certifications.docx 2. DBE/WBE STATUS DBE/WBE STATUS* Pass Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? No DBE/WBE STATUS - YES If you answered yes please provide details and documentation of the certification here No response submitted PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 3 3. References Provide the following information for three clients for whom Bidder has successfully completed similar projects as stated in Bid Process and Award subsection Bidder Qualifications within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification. Bidder may also attach another sheet with additional references. REFERENCE # 1* Pass Please provide the following information for your 1st reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description Avanti Residential 7550 E. Greenway Rd, Suite b105 Scottsdale, AZ 85260 Carlos Cruz 602-410-0627 PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 4 Date of Contract Initiation: April 2022 Date of Contract Expiration: Ongoing Final Project Cost: $250,000.00 Project Description: Tree removal, pruning, insect and disease treatments, and immediate, on-call emergency services for their properties in the Phoenix metropolitan area. REFERENCE # 2* Pass Please provide the following information for your 2nd reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description Town of Fountain Hills 17137 E Falcon Dr Fountain Hills AZ 85268-4611 PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 5 Jeff Pierce 480-749-5258 Date of Contract Initiation: July 1, 2022 Date of Contract Expiration: June 30, 2023 Final Project Cost: $100,000.00 Project Description: Tree removal, pruning, insect and disease treatments, and immediate on-call emergency services for the streets department REFERENCE # 3* Pass Please provide the following information for your 3rd reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 6 Fairmont Scottsdale Princess - Landcare 7575 E Princess Dr, Scottsdale, AZ 85255 David Hizer 480-341-9032 Date of Contract Initiation: January 2022 Date of Contract Expiration: December 2022 Final Project Cost: $140,000.00 Project Description: Tree removal, pruning, insect and disease treatments, and immediate on-call emergency services for the resort 4. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* Pass The submission of the Proposal did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* Pass It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* Pass It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 7 except for questions submitted as set forth in Inquiries. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* Pass It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* Pass The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* Pass In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 8 5. List of Key Personnel, Subcontractor and/or Suppliers working on the project A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project LIST OF SUBCONTRACTORS* Pass The contractor must list below the Trade, Company name, License and Classification numbers of all qualified subcontractors and/or suppliers they will employ for the various portions of work indicated. Failure on the part of the Contractor to complete this list properly may constitute sufficient grounds to reject the bid. If no subcontractors will be listed please indicate with a N/A Example: Trade, Company Name, ROC License #, ROC License Classification AZ Crane by Nichols, LLC. LIST OF KEY PERSONNAL* Pass A list of the names and emergency telephone numbers of all proposed Key Personnel Example: Name, Position Held, Emergency Telephone Number Jason Klug, Contract Manager, 480-662-3593 Leo Coronado, Crew Manager, 480-793-0442 Cathy Waltimeyer, Office Manager, 480-833-6465 Todd Hansen, Owner, 480-510-9747 LIST OF SUPPLIERS* Pass A list of the names and emergency telephone numbers of all proposed suppliers PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 9 Example: Name, Company, Emergency Telephone Number If none please indicate with a N/A N/A W-9* Pass W-9_2022_(3).pdf BIDDER MUST DEMONSTRATE SUCCESSFUL COMPLETION OF AT LEAST THREE SIMILAR PROJECTS WITHIN THE PAST 60 MONTHS. * Pass Please upload your document showing examples of similar projects as noted in the IFB. proposal_15023.pdfproposal_13849.pdfproposal_15564.pdfproposal_13184.pdfproposal_14480.pdfproposal_15018.pdf ADD ADDITIONAL NOTES OR FILES HERE. Pass TFH-contract_IFB-2022-031_.docxTop_Leaf_references.docx PRICE TABLES HOURLY FEES Line Item Description Quantity Unit of Measure Unit Cost Total 1 Tree Pruning 1 Hour $115.00 $115.00 2 Crown Thinning 1 Hour $115.00 $115.00 PROPOSAL DOCUMENT REPORT IFB No. IFB-2022-031 Professional Tree Trimming PROPOSAL DOCUMENT REPORT Invitation for Bids - Professional Tree Trimming Page 10 Line Item Description Quantity Unit of Measure Unit Cost Total 3 Fan Palm Maintenance 1 Hour $110.00 $110.00 4 Tree Removal 1 Hour $125.00 $125.00 5 Stump Grinding 1 Hour $125.00 $125.00 6 Crane Services 1 Hour $175.00 $175.00 7 On call 24/7 Emergency Service (Business Hours) Post Storm Damage Clean Up 1 Hour $250.00 $250.00 8 On call 24/7 Emergency Service (After Hours) Post Storm Damage Clean Up 1 Hour $500.00 $500.00 TOTAL $1,515.00 www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com TOP LEAF CERTIFICATIONS ISA Certified Arborist The ISA Certified Arborist designation sets apart someone with the commitment, dedication, and knowledge to succeed. The ISA Certified Arborist program is accredited by the ANSI National Accreditation Board (ANAB) for meeting or exceeding ISO 17024 standards for certification bodies. ISA Certified Arborist (WE-12163A) (WE-12161A) (WE-13537A) (WE-12167A) ISA TRAQ Certification The ISA Tree Risk Assessment Qualification (ISA TRAQ) is a program designed to train and assess candidates in a specialized field of arboriculture. When a professional earns the ISA TRAQ credential, they should be recognized by their peers and the public as a tree care professional who has specialized knowledge in tree risk assessment. To earn the qualification, eligible candidates must complete a training course, and pass both a comprehensive written assessment and a performance-based assessment. To maintain the qualification, current credential holders must retrain and retest every five years. The program offers tree care professionals the opportunity to learn a standardized, systematic process for assessing tree risk and providing information to tree owners and risk managers when making decisions that will promote the safety of people and property and enhance tree benefits, health, and longevity. ISA TRAQ Certified (M5HVZZKB) Jason Klug ISA Certified Arborist (WE-12163A) ISA TRAQ Certified (M5HVZZKB) office: 480-833-6465 cell: 480-662-3593 Location 17137 E Falcon Dr Fountain Hills, AZ 85268 Customer Contact main: 480-749-5258 mobile: 480-749-5258 jpierce@fountainhillsaz.gov Proposal For The Town of Fountain Hills 16705 E. Avenue of the Fountain Fountain Hills, AZ 85268 Terms Due on receipt ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT Services Town of Fountain Hills Contract 2023-021 1 $ 0.00 $ 0.00 LOCATION: STUMPS LOCATED IN MEDIANS THROUGHOUTTHE TOWN. 1) Stumpgrind- Comm Stumps marked with cones Stumpgrind remaining portion of trunk 4-6" below the existing grade at the trunk's edge *Disclaimer: Top Leaf Tree Service is not responsible for any damage to buried lines or pipes within the work area. 19 $ 130.00 $ 2,470.00 2) Clean-up Clean-up and haul away branches, trunks and debris in affected area 1 $ 0.00 $ 0.00 3) Landfill- Comm An environmental fee is being charged to offset the cost of procedures for the disposal and recycling of green waste, debris, excess soil and chemical materials. 1 $ 50.00 $ 50.00 Proposal #15023 Estimate Date: 07/20/2022 Date: 08/30/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 1 of 2 $ 2,520.00 $ 2,520.00 DISCLAIMER *Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning standards. All work shall be performed in accordance with the ANSI A300 pruning standard and the ANSI Z133.1 safety standard. All work supervised or performed by an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location. We carry Liability Insurance and Workman's Compensation for your protection. *Top Leaf Tree Service is not responsible for any underground damage that occurs due to stump grinding, planting or deep root fertilization. Acceptance Agreement *** 3.5% fee will be applied to the invoice when paying with a Credit Card.*** *The above prices, specifications and conditions are satisfactory and are hereby accepted. Top Leaf Tree, LLC is authorized to perform the work as specified. Payment for service to be made at completion of work. All delinquent accounts will be subject to a 1.5% per month charge and any collection and/or legal fees. **This proposal is good for 30 days Signature x Please sign here to accept the terms and conditions TOTAL TOTAL Kevin Office: 480-833-6465 Mobile: 623-419-5550 office+david@topleafaz.com Jason Klug Office: 480-833-6465 Mobile: 480-662-3593 jason@topleafaz.com Assigned To Cross Streets Saguaro/Shea Proposal #15023 Estimate Date: 07/20/2022 Date: 08/30/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 2 of 2 Location 17137 E Falcon Dr Fountain Hills, AZ 85268 Customer Contact main: 480-749-5258 mobile: 480-749-5258 jpierce@fountainhillsaz.gov Proposal For The Town of Fountain Hills 16705 E. Avenue of the Fountain Fountain Hills, AZ 85268 Terms Due on receipt ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT Tree Removal- Comm Remove various palm species within wash at Indian Wells Dr. All trunks will be cut low to ground as possible - (No grinding of stumps) - Mexican fan palms (21) - California fan palm (1) - Date palms (3) *SEE CLIENT NOTES AT END OF PROPOSAL 25 $ 700.00 $ 17,500.00 1) Tree Removal- Comm Remove Mexican fan palms (6) at east end of ditch 6 $ 0.00 $ 0.00 2) Tree Removal- Comm Remove Mexican fan palms (6) and California fan palm (1) west of prior 7 $ 0.00 $ 0.00 3) Tree Removal- Comm Remove Mexican fan palms (3) and Date palms (2) west of prior 5 $ 0.00 $ 0.00 4) Tree Removal- Comm Remove Mexican fan palms (3) west of prior 3 $ 0.00 $ 0.00 5) Tree Removal- Comm Remove Mexican fan palms (2) west of prior 5 $ 0.00 $ 0.00 6) Tree Removal- Comm Remove Date palm (1) and Mexican fan palm (1) near street 2 $ 0.00 $ 0.00 7) Tree removal- Res Remove Mesquite trees near street (2) 2 $ 450.00 $ 900.00 Proposal #13849 Estimate Date: 03/24/2022 Date: 04/13/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 1 of 4 9) Clean-up palm Clean-up and haul away palm fronds, seed pods, date clusters and debris 1 $ 0.00 $ 0.00 10) Landfill- Comm An environmental fee is being charged to offset the cost of procedures for the disposal and recycling of green waste, debris, excess soil and chemical materials. 1 $ 2,000.00 $ 2,000.00 11) Tree Removal- Comm P.O. #22200433 1 $ 0.00 $ 0.00 Client Notes - Top Leaf will employ various equipment and a crane to assist with the above listed removals. Indian Wells dr. will need to be closed off to traffic in both directions at wash during the day from 0630 hours to 1600 hours for 3 possibly 4 days - SCHEDULING TIMEFRAME - 1 TO 2 WEEKS UPON APPROVAL - COMPLETION SCHEDULE - 3 TO 4 DAYS $ 20,400.00 $ 20,400.00 DISCLAIMER *Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning standards. All work shall be performed in accordance with the ANSI A300 pruning standard and the ANSI Z133.1 safety standard. All work supervised or performed by an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location. We carry Liability Insurance and Workman's Compensation for your protection. *Top Leaf Tree Service is not responsible for any underground damage that occurs due to stump grinding, planting or deep root fertilization. Acceptance Agreement *** 3.5% fee will be applied to the invoice when paying with a Credit Card.*** *The above prices, specifications and conditions are satisfactory and are hereby accepted. Top Leaf Tree, LLC is authorized to perform the work as specified. Payment for service to be made at completion of work. All delinquent accounts will be subject to a 1.5% per month charge and any collection and/or legal fees. **This proposal is good for 30 days Signature x Please sign here to accept the terms and conditions TOTAL TOTAL Proposal #13849 Estimate Date: 03/24/2022 Date: 04/13/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 2 of 4 Photos 1) Tree Removal- Comm 2) Tree Removal- Comm 3) Tree Removal- Comm 4) Tree Removal- Comm Auggie Office: 4808336465 office+auggie@topleafaz.com Jason Klug Office: 480-833-6465 Mobile: 480-662-3593 jason@topleafaz.com Assigned To Cross Streets Saguaro/Shea Proposal #13849 Estimate Date: 03/24/2022 Date: 04/13/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 3 of 4 5) Tree Removal- Comm 6) Tree Removal- Comm 6) Tree Removal- Comm 7) Tree removal- Res Proposal #13849 Estimate Date: 03/24/2022 Date: 04/13/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 4 of 4 Location 17137 E Falcon Dr Fountain Hills, AZ 85268 Customer Contact main: 480-749-5258 mobile: 480-749-5258 jpierce@fountainhillsaz.gov Proposal For The Town of Fountain Hills 16705 E. Avenue of the Fountain Fountain Hills, AZ 85268 Terms Due on receipt ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT Services Town of Fountain Hills Contract 2023-021 1 $ 0.00 $ 0.00 1) Tree pruning- Comm LOCATION: AVENUE OF THE FOUNTAINS Trees in center median on Avenue of the fountains From: La Montana To: Palisades Prune trees listed below for health, aesthetics and storm damage prevention. Removal of dead and weak branches, selective thinning to lessen wind resistance, avoid branch breakage and improve natural health of tree canopies. Corrective prune as needed, provide canopy elevation, building, structural and municipal clearance. Pruning emphasis on end weight reduction. 35 $ 0.00 $ 0.00 2) Tree pruning- Comm Mesquite trees - 7 Ironwood trees - 5 Palo verde tree - 23 35 $ 225.00 $ 7,875.00 3) Tree pruning- Comm Olive trees in round about - Structural prune to promote proper tree like growth 3 $ 75.00 $ 225.00 4) Tree pruning- Comm LOCATION: NORTH SIDE OF AVENUE OF THE FOUNTAINS 22 $ 0.00 $ 0.00 Proposal #15564 Estimate Date: 09/21/2022 Date: 10/04/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 1 of 3 Trees in parking islands From: Saguaro To: La Montana Prune trees listed below for health, aesthetics and storm damage prevention. Removal of dead and weak branches, selective thinning to lessen wind resistance, avoid branch breakage and improve natural health of tree canopies. Corrective prune as needed, provide canopy elevation, building, structural and municipal clearance. Pruning emphasis on end weight reduction. 5) Tree pruning- Comm Palo verde trees - 22 22 $ 250.00 $ 5,500.00 6) Clean-up Clean-up and haul away branches, trunks and debris in affected area 1 $ 0.00 $ 0.00 7) Landfill- Comm An environmental fee is being charged to offset the cost of procedures for the disposal and recycling of green waste, debris, excess soil and chemical materials. 1 $ 100.00 $ 100.00 Services Contract 2023-021 Top Leaf Tree Service 1 $ 0.00 $ 0.00 Proposal #15564 Estimate Date: 09/21/2022 Date: 10/04/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 2 of 3 $ 13,700.00 $ 13,700.00 DISCLAIMER *Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning standards. All work shall be performed in accordance with the ANSI A300 pruning standard and the ANSI Z133.1 safety standard. All work supervised or performed by an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location. We carry Liability Insurance and Workman's Compensation for your protection. *Top Leaf Tree Service is not responsible for any underground damage that occurs due to stump grinding, planting or deep root fertilization. Acceptance Agreement *** 3.5% fee will be applied to the invoice when paying with a Credit Card.*** *The above prices, specifications and conditions are satisfactory and are hereby accepted. Top Leaf Tree, LLC is authorized to perform the work as specified. Payment for service to be made at completion of work. All delinquent accounts will be subject to a 1.5% per month charge and any collection and/or legal fees. **This proposal is good for 30 days Signature x Please sign here to accept the terms and conditions TOTAL TOTAL Carlos Office: 4808336465 office+carlos@topleafaz.com Jason Klug Office: 480-833-6465 Mobile: 480-662-3593 jason@topleafaz.com Assigned To Cross Streets Saguaro/Avenue of the fountains Proposal #15564 Estimate Date: 09/21/2022 Date: 10/04/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 3 of 3 Location 1944 W Thunderbird Rd Phoenix, AZ 85023 Customer Contact main: 623-570-5804 Mindy mobile: 602-410-0627 Carlos jfrancisco@avantiresidential.com, ccruz@avantiresidential.com, mross@avantiresidential.com Proposal For Avanti Resid. Latitude Apts 1944 W Thunderbird Rd Phoenix, AZ 85023 Terms Due on receipt ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1) Tree Removal- Comm Remove Eucalyptus tree behind laundry room with 70 ton crane - Cut trunk low to ground 1 $ 8,750.00 $ 8,750.00 3) Tree Removal- Comm Remove Eucalyptus tree on north side of property with 45 ton crane - Cut trunk low to ground 1 $ 6,750.00 $ 6,750.00 5) Tree Removal- Comm Remove Eucalyptus tree in dog area 45 ton crane - Cut trunk low to ground 1 $ 8,500.00 $ 8,500.00 7) Clean-up Clean-up and haul away branches, trunks and debris in affected area 1 $ 0.00 $ 0.00 8) Landfill- Comm An environmental fee is being charged to offset the cost of procedures for the disposal and recycling of green waste, debris, excess soil and chemical materials. 1 $ 1,500.00 $ 1,500.00 Client Notes Top Leaf will stage roll off dumpsters onsite for logs Proposal #13184 Estimate Date: 12/28/2021 Date: 04/01/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 1 of 3 Photos $ 25,500.00 $ 25,500.00 DISCLAIMER *Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning standards. All work shall be performed in accordance with the ANSI A300 pruning standard and the ANSI Z133.1 safety standard. All work supervised or performed by an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location. We carry Liability Insurance and Workman's Compensation for your protection. *Top Leaf Tree Service is not responsible for any underground damage that occurs due to stump grinding, planting or deep root fertilization. Acceptance Agreement *** 3.5% fee will be applied to the invoice when paying with a Credit Card.*** *The above prices, specifications and conditions are satisfactory and are hereby accepted. Top Leaf Tree, LLC is authorized to perform the work as specified. Payment for service to be made at completion of work. All delinquent accounts will be subject to a 1.5% per month charge and any collection and/or legal fees. **This proposal is good for 30 days Signature x Please sign here to accept the terms and conditions TOTAL TOTAL Auggie Office: 4808336465 office+auggie@topleafaz.com Matthew Office: 480-833-6465 office+matthew@topleafaz.com Jason Klug Office: 480-833-6465 Mobile: 480-662-3593 jason@topleafaz.com Leo Office: 480-833-6465 Mobile: 480-793-0442 leo@topleafaz.com Todd Office: 480-833-6465 Mobile: 480-510-9747 todd@topleafaz.com Assigned To Cross Streets 19th Ave/Thunderbird Proposal #13184 Estimate Date: 12/28/2021 Date: 04/01/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 2 of 3 Proposal #13184 Estimate Date: 12/28/2021 Date: 04/01/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 3 of 3 Location 1944 W Thunderbird Rd Phoenix, AZ 85023 Customer Contact main: 623-570-5804 Mindy mobile: 602-410-0627 Carlos jfrancisco@avantiresidential.com, ccruz@avantiresidential.com, mross@avantiresidential.com Proposal For Avanti Resid. Latitude Apts 1944 W Thunderbird Rd Phoenix, AZ 85023 Terms Due on receipt ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1) Mexican fan palm - Comm Mexican fan palms - Trim, remove seed pods, and remove dead fronds 15 $ 125.00 $ 1,875.00 2) California fan palm- Comm California fan palm- trim, remove seed pods and dead fronds. 4 $ 140.00 $ 560.00 3) Clean-up palm Clean-up and haul away palm fronds, seed pods, date clusters and debris 1 $ 0.00 $ 0.00 4) Landfill- Comm An environmental fee is being charged to offset the cost of procedures for the disposal and recycling of green waste, debris, excess soil and chemical materials. 1 $ 250.00 $ 250.00 Client Notes PALM CUTTING SPECIFICATIONS NO SKINNING OF PALMS IS INCLUDED IN THIS ESTIMATE Top Leaf will remove fronds that hang below a right angle to the trunk, or at the 10 o'clock to 2 o'clock positions. Palm fronds cycle nutrients to the heart of the palm, and aggressive frond removal deprives the palm of needed nutrients and weakens its defenses. Proposal #14480 Estimate Date: 05/26/2022 Date: 08/16/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 1 of 2 $ 2,685.00 $ 2,685.00 DISCLAIMER *Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning standards. All work shall be performed in accordance with the ANSI A300 pruning standard and the ANSI Z133.1 safety standard. All work supervised or performed by an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location. We carry Liability Insurance and Workman's Compensation for your protection. *Top Leaf Tree Service is not responsible for any underground damage that occurs due to stump grinding, planting or deep root fertilization. Acceptance Agreement *** 3.5% fee will be applied to the invoice when paying with a Credit Card.*** *The above prices, specifications and conditions are satisfactory and are hereby accepted. Top Leaf Tree, LLC is authorized to perform the work as specified. Payment for service to be made at completion of work. All delinquent accounts will be subject to a 1.5% per month charge and any collection and/or legal fees. **This proposal is good for 30 days Signature x Please sign here to accept the terms and conditions TOTAL TOTAL Carlos Office: 4808336465 office+carlos@topleafaz.com Jason Klug Office: 480-833-6465 Mobile: 480-662-3593 jason@topleafaz.com Assigned To Cross Streets 19th Ave/Thunderbird Proposal #14480 Estimate Date: 05/26/2022 Date: 08/16/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 2 of 2 Location 5519 E Duncan St Mesa, AZ 85205 Customer Contact main: 602-725-5458 mobile: 602-725-5458 dean@trustenvy.com Proposal For Envy Restoration-5519 E. Duncan 803 E Melody Dr Gilbert, AZ Terms Due on receipt ITEM DESCRIPTION QUANTITY UNIT PRICE AMOUNT 1) Emergency Services- Comm Remove large Mesquite tree that uprooted during storm and is resting on structure. - Technical removal - Tree at risk of rolling during removal. A crane will be used to assist in the removal for safety and to minimize risk of further damage to structure - Cut trunk low to root ball 1 $ 4,500.00 $ 4,500.00 Proposal #15018 Estimate Date: 07/20/2022 Date: 07/26/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 1 of 3 Photos $ 4,500.00 $ 4,500.00 DISCLAIMER *Top Leaf Tree Service, LLC adheres to International Society of Arboricultural pruning standards. All work shall be performed in accordance with the ANSI A300 pruning standard and the ANSI Z133.1 safety standard. All work supervised or performed by an ISA Certified Arborist or an ISA Certified Tree Worker who will be on location. We carry Liability Insurance and Workman's Compensation for your protection. *Top Leaf Tree Service is not responsible for any underground damage that occurs due to stump grinding, planting or deep root fertilization. Acceptance Agreement *** 3.5% fee will be applied to the invoice when paying with a Credit Card.*** *The above prices, specifications and conditions are satisfactory and are hereby accepted. Top Leaf Tree, LLC is authorized to perform the work as specified. Payment for service to be made at completion of work. All delinquent accounts will be subject to a 1.5% per month charge and any collection and/or legal fees. **This proposal is good for 30 days Signature x Please sign here to accept the terms and conditions TOTAL TOTAL Matthew Office: 480-833-6465 office+matthew@topleafaz.com Jason Klug Office: 480-833-6465 Mobile: 480-662-3593 jason@topleafaz.com Assigned To Cross Streets Higley/Brown Proposal #15018 Estimate Date: 07/20/2022 Date: 07/26/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 2 of 3 1) Emergency Services- Comm 1) Emergency Services- Comm 1) Emergency Services- Comm 1) Emergency Services- Comm Proposal #15018 Estimate Date: 07/20/2022 Date: 07/26/2022 From: Jason Klug Top Leaf Tree Services 1905 S. Old Greenfield Road Mesa, AZ 85206 480-833-6465 office@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Page 3 of 3 www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Project ID: IFB-2022-031 Professional Tree Trimming Proposal Top Leaf tree service delivers a wide range of tree work including tree removal, pruning, insect and disease treatments, and immediate, on-call emergency services. Our ISA Certified Arborists use state-of- the-art equipment to maintain your trees and safely remove overgrown or diseased trees. We adhere to all ANSI A300 and ANSI Z133 Safety Standards to ensure that our professional tree pruning services will improve the health and appearance of your trees. Below is a list of services with associated pricing. This pricing is an approximation based on typical rates at the time of the contract. Each job will be looked at on an individual basis and a quote for services will be given before work begins. Item 1 - Tree Pruning - ($115 to $135 per man hour) There are many aspects to tree pruning depending on what is needed to achieve measurable objectives. These objectives can be simply removing a few branches to achieve municipal clearance on a busy street or sidewalk to structurally pruning a tree to promote proper growth in the future. Item 2 - Crown Thinning ($115 to $135 per man hour) Crown thinning consist of: Pruning trees for health, aesthetics and storm damage prevention. Removal of dead and weak branches with selective thinning to lessen wind resistance, avoid branch breakage and improve natural health of tree canopies. Corrective pruning as needed to provide canopy elevation, building, structural and municipal clearance with a pruning emphasis on end weight reduction of the canopy’s branches. Item 3 - Fan Palm Maintenance ($110 to $125 per tree) Correct pruning is a key component to maintaining palm health. Many people indiscriminately cut palms to remove nearly all of the fronds. This tendency to over-prune palms is not a recommended practice and can harm the palm’s health over time. Live, green fronds manufacture food for the palm and should be left as long as possible. Palms do not store energy as efficiently as trees and severe pruning can deplete energy resources and stress palm health, causing a gradual decrease in trunk diameter and strength. The use of climbing spikes should be minimized. Even though most street landscaped palms can be pruned safely from an aerial lift, some palms still need to be climbed. Palms do not compartmentalize and seal wounds like trees. Injuries to palm trunks are permanent. www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Date palms typically flower each year in April and May, while fan palms flower in May and June. When planning annual pruning maintenance activities, it is best to be patient and wait for the flowering cycle to be complete. Otherwise, if pruned too early, additional flower stalks may develop and will hang from the palm head the remainder of the year. PALM TRIMMING SCHEDULE - Top Leaf will plan to begin pruning date palms in late May and fan palms in mid June. Types of palm maintenance performed - - Mexican fan palms - Trim, remove seed pods, and remove dead fronds - Date palms - trim, remove date clusters and dead fronds. ($125 depending on time of year and amount to be trimmed) - California fan palm- trim, remove seed pods and dead fronds. ($125 depending on time of year and amount to be trimmed) - Canary island date palm- trim, remove dead fronds and date clusters ($125 depending on time of year and amount to be trimmed) Item 4 - Tree Removal $125 to $300 per man hour This range is due to factors such as distance material has to be dragged to chipper, technical aspects and amount of rigging and equipment used to safely remove the tree. Item 5 - Stump Grinding $125 and up depending on size of stump. Stump grinding typically involves grinding the remaining portion of trunk 4-6" below the existing grade at the trunk's edge Item 6 - Crane Services $175 to $275 per hour based on size of crane under 50 Tons Having a crane in our arsenal tools becomes an invaluable asset during technical removals. Cranes allow us to remove trees in tight spaces more quickly saving on man hours and helping to mitigate damages to anything in the surrounding area. We have a variety of cranes that we use ranging from 26 ton to 50 ton capacity. Many times a crane ranging between 35 to 50 tons has approximately 125 foot of reach and is more than adequate for most trees. Larger capacity cranes are available but rarely needed for most tree removal activities. Item 7 - On call 24/7 Emergency Service (Business Hours) Post Storm Damage Clean Up (6:00am to 2:00pm) - $250 per man hour Item 8 - On call 24/7 Emergency Service (After Hours) Post Storm Damage Clean Up (2:00pm to 6:00am) $500 www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com EQUIPMENT UTILIZATION OVERVIEW FOR Project ID: IFB-2022-031 Top Leaf tree service has the skilled expertise and the right equipment to do the job! Below is some of the equipment that will be used on Project IFB-2022-031 Terex Hi Ranger XT pro series 60/70 trucks – Used on items 1 thru 5 and 7, 8 of this proposal. Top leaf has several Terex Hi Ranger XT pro series 60/70 trucks in our fleet. This bucket truck offers a 75’ working height and can be used for items 1 thru 5 and 7, 8 of this proposal. www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Nyfty lyft sd64 70’ - This lift can be utilized on items 1 thru 4 and 7,8 of this proposal. Top Leaf’s Nyfty lift has turf tires and a 70’ reach which makes it a great tool for working in parks and areas with limited access. This lift can be utilized on items 1 thru 4 and 7,8 of this proposal. www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com AVANT 528 Log loader with turf tires and backhoe attachment - This loader can be utilized on items 4 and 7,8 of this proposal. The Avant loader with its attachment’s compliments removal jobs with its lifting and root removal capabilities. This loader can be utilized on items 4 and 7,8 of this proposal. www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com New Holland 250Tl - This tractor can be utilized on items 4 and 7,8 of this proposal. This tractor compliments large removal jobs and storm cleanup. This tractor can be utilized on items 4 and 7,8 of this proposal. Stumpgrinders - This equipment can be used on items 4-8 Most trucks in our fleet carry a Dosko 20hp grinder on a daily bases. For larger jobs, Top Leaf can deploy the Bandit SG-40. This grinder weighs in at 1500 lbs with a cutting arc of 47” and a grinding depth to 12”. This equipment can be used on items 4-8 www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Wood Chippers and trucks - This equipment can be used with items 1 -8 in this proposal Top Leaf trucks are accompanied by the Vermeer BC1000XL chipper. This brute of a chipper can chew through the toughest wood and debris with is 74hp diesel engine allowing us to run logs up to 8 inches in diameter through its hopper. This equipment can be used with items 1 -8 in this proposal. www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com THE TEAM SERVICING CONTRACT IFB-2022-031 Jason Klug Project Manager 480-662-3593 ISA Certified Arborist (WE-12163A) ISA TRAQ Certified (M5HVZZKB) Jason@topleafaz.com Todd Hansen Owner 480-510-9737 ISA Certified Arborist (WE-12167A) Todd@topleafaz.com Leo Coronado Crew Manager 480-793-0442 ISA Certified Arborist (WE-12161A) Leo@topleafaz.com www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Top Leaf References Reference 1 Avanti Residential 7550 E. Greenway Rd, Suite b105 Scottsdale, AZ 85260 Carlos Cruz 602-410-0627 Date of Contract Initiation: April 2022 Date of Contract Expiration: Ongoing Final Project Cost: $250,000.00 Project Description: Tree removal, pruning, insect and disease treatments, and immediate, on-call emergency services for their properties in the Phoenix metropolitan area. Reference 2 Town of Fountain Hills 17137 E Falcon Dr Fountain Hills AZ 85268-4611 Jeff Pierce 480-749-5258 Date of Contract Initiation: July 1, 2022 Date of Contract Expiration: June 30, 2023 Final Project Cost: $100,000.00 Project Description: Tree removal, pruning, insect and disease treatments, and immediate on- call emergency services for the streets department. www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Reference 3 Fairmont Scottsdale Princess - Landcare 7575 E Princess Dr, Scottsdale, AZ 85255 David Hizer 480-341-9032 Date of Contract Initiation: January 2022 Date of Contract Expiration: December 2022 Final Project Cost: $140,000.00 Project Description: Tree removal, pruning, insect and disease treatments, and immediate on- call emergency services for the resort. Jason Klug ISA Certified Arborist (WE-12163A) ISA TRAQ Certified (M5HVZZKB) office: 480-833-6465 cell: 480-662-3593 ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: A Special Use Permit for the construction of golf ball fences on property located at 15816 E. Brittlebush Lane. Staff Summary (Background) On January 17, 2023, the Town Council considered a request for construction of a golf ball fence on property located at 15816 E. Brittlebush Lane.  At that hearing the Council received a staff report, heard from the applicant, and several neighbors.  The Council ultimately took no action on the request.  Since the previous Council meeting the applicant has revised the request and provided some additional information. The applicant is now requesting one golf ball fence along the north property line at a maximum 11' in height and separated from his east and west property lines by more than 11'.  If this had been the original request, it would have been approved administratively.  Given the application for the SUP and the previous Council consideration through a public hearing, this item is coming back to the Council for action. Per Section 2.02 of the Zoning Ordinance, consideration of a special use permit is to be based on findings "that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town." Illustrations of the revised request are attached as well as additional pictures from the property to help the Council visualize the impact of the proposed golf ball fence.  Below is a copy of the previous report to facilitate your review.  January 17, 2023 Report Section 5.09 of the Zoning Ordinance sets the standards for various types of walls and fences.  Section 5.09 A 3 provides the specific regulations as they relate to golf ball nets, a type of fence erected to prevent golf balls from hitting people or structures adjacent to a golf course.  This section sets specific standards for administrative review and approval of these fences.  For situations that do not meet these requirements, the ordinance allows consideration through a Special Use Permit (SUP). The new owners of the property at 15816 E Brittlebush Lane have applied for a SUP for two golf ball nets on their property.  Their request did not meet the requirement for administrative approval; therefore, they applied for this SUP.  The original application proposed a net along the north property line that would be between 25' and 33' in height.  To be considered administratively, the net would need to either be setback from the property line to the east at least 1 foot for every foot of height, or the adjacent property owner would need to agree to the proposed golf net.  The adjacent neighbor has not agreed to allow the net.  Therefore, the property owner applied for the SUP.  Because balls also go over the house and end up in the pool on the west side, the applicant also applied for a horizontal net over the pool.  Because this is a horizontal net, it is not specifically discussed in the ordinance, but it doesn't follow standard zoning practices, so it has been included in the SUP request. The subject property, 15816 E. Brittlebush Lane, is located along the 11th fairway of the Sunridge Golf Course, approximately 470 from the nearest tee box.  Compared to homes on either side of this lot, this house appears to be more in the path of errant golf balls.  Attached photographic evidence shows this home has been struck numerous times by golf balls.  The narrative submitted by the applicant states balls have also gone over the house and landed in the pool on the west side of the house.  A report (attached) by a professional who charts golf ball flight paths shows that this house and property will likely have more golf balls hit into than either of the adjacent properties, they will likely have around 250 balls land in their property each year, and the balls could be traveling at up to 97 miles per hour. The lots in this area are part of the Sunridge Canyon Parcel A Replat.  The lots are small, this lot is only 7,183 sq. ft. and narrow, a little over 60' wide.  The subdivision was also platted with a five-foot wide Use and Benefit Easements (UBE) on one side.  The UBE allows the owner of the adjacent lot use of this portion of their neighbor's lot.  In the case of the lot in question, the five-foot UBE on the east side of the house allows the neighbor to use this area as part of their lot and this lot gets the use of the five-foot easement on the property to the west. Prior to the Planning and Zoning Commission hearing on this case staff contacted the HOA regarding their review and consideration of the golf nets.  They have previously approved the 25' tall net on the northeast corner of the property.  The HOA Architectural Review Committee (ARC) held a meeting on December 8 to reconsider this request and the proposed extension to 33' in height. The ARC was unable to reach a decision on the request and is now waiting to see how the Town acts on the request before making their decision. The horizontal net on the west side of the house is a unique request not anticipated by the zoning ordinance.  If a property owner wanted to build a patio cover in this area, they could, provided they complied with all lot coverage and setback requirements. In this case, the supports for the net will likely be in the UBE on the neighbor's property.  The HOA has not confirmed that this is an acceptable use of the UBE.  We do not have confirmation from the adjacent property owner regarding whether they have any objections to having these structures on their property in the UBE.  Section 2.02 F 1 d of the Zoning Ordinance sets the following criteria for Commission consideration to recommend approval of a SUP:  The establishment, maintenance, or operation of the building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing 1. in the neighborhood; Nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. 2. As described below, the Planning and Zoning Commission was unable to reach a recommendation regarding the proposed nets.  There was concern by several of the Commissioners regarding the potential negative impact of the proposed netting on the surrounding properties. While the applicant still requests consideration of the net design as submitted, given the opposition received at the P&Z Commission meeting, an alternative has been submitted.  The revised proposal is that, rather than the vertical net on the north side of the house, another horizontal net be installed that will extend between poles near the north property line to the house, at a height of approximately 11' (just under the eve of the patio cover).  This netting will protect the house below this point, and more importantly, anyone on the back patio.  The poles will be approximately 10 1/2' tall to allow some slope to the net to help facilitate ball removal.  Attached are two sketches by the applicant to illustrate the revised net placement.  The one showing the view from the golf course overemphasizes the slope of the net, it will actually not be very visible.   The net on the west side will also be reduced in height to no more than 11'.  The applicant is still exploring whether the adjacent property owner will allow support columns within the easement area. The Town Council approved the ordinance which allows for the ability to have these nets because of the safety factor needed to protect individuals on these properties that abut a golf course.  At the P&Z hearing there were a number of people who spoke voicing concerns about the impact on views and property values.  The applicant has responded to these concerns with an option that would significantly modify the proposed net along the north side that will reduce the impact on views.  There was discussion about changes that could be made to the course to lessen the number of balls that would be hit this direction.  Changes to the course are outside the control of the applicant. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 5.09 A 3 - Golf Ball Fences Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission held a public hearing to discuss this request at their meeting on December 12, 2022.  The applicant and several citizens, including two neighbors, addressed the Commission regarding this request. The Commission discussion included various options with the two proposed nets and changes that could be made to the golf course which would decrease the likelihood of balls being hit in the direction of the applicant's house.  The Commissioners expressed concern on the neighborhood and community impacts of having a golf ball fence as tall as is being requested. A motion was made and seconded to approve only the horizontal net at a maximum height of 15'.  The vote on the motion was a 3-3 tie with one Commissioner absent.  No other motions were made; therefore, the request comes to the Council with no recommendation from the Commission. The revised plan has not gone back to the Planning and Zoning Commission. Staff Recommendation(s) The Town has provided the means to allow placement of golf nets on properties abutting golf courses to protect them from errant golf balls.  The Council has amended the ordinance to allow these to be approved administratively in some cases.  There is clear evidence of golf ball strikes on this property and a professional report calculating the number and speed of balls impacting this property. The current proposed net could be approved administratively.  Staff recommends approval. SUGGESTED MOTION MOVE to approve of SUP22-000002 for the construction of a golf ball fence at 15816 E. Brittlebush Lane consistent with the revised drawings. Attachments Vicinity Map  Revised Golf Fence  Site Pictures  Letter from tenant  Expert Report  Email comments  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 02/14/2023 10:10 AM Form Started By: John Wesley Started On: 02/13/2023 03:38 PM Final Approval Date: 02/14/2023  Vicinity CASE: SUP22-000002 SITE / ADDRESS: 15816 E. BRITTLEBUSH LANE APN 176-18-412 REQUEST: GOLF FENCE APPLICATION All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP22-000002SUP22-000002 GO L D E N E A G L E B L V D BRITTLEBUSH LN BURSAGE DR CACTUS D R BU R S A G E D R Tee Green Proposed Golf Ball Fence 15816 E. Brittlebush Approximately 13’ west of east property line Approximately 22’ east of the west property line 11’ tall at house, sloping down slightly to the north 11’ Jim holding the 11’ tall pole Golf Expert Report September 8, 2022 Golf Expert Analysis RE: Determining the likely percentage incidence of errant golf balls impacting the property at 15816 E Brittlebush Ln, Fountain Hills, Arizona. Golf Expert Analysis by Ken Tannar, Probable Golf Instruction 1. I am the founder and owner of Probable Golf Instruction. I have spent the last 25 years researching the literature on the topic of Physics & Mathematics of golf and am an expert in the analysis of golf ball trajectories. I have advised on golf course design safety in a multitude of cases in the United States, Canada, Australia, Britain, Spain and Hong Kong, and have been recognized as a golf expert witness in the courts of California, Colorado, New York, Canada and Australia. 2. Diagram 1 below is a Google Earth image of the 11th Hole of Sunridge Canyon GC and the residence at 15816 E Brittlebush (“subject property”, with a red border). From Tee to Green, this dogleg left golf hole plays towards the west. The yellow line in the diagram represents the likely target line from the Back Tees from which the hole plays about 405 yards, rising about 3 yards from the Tee to the landing area on the fairway. According to Trackman Golf, the average carry distance of male golfers is 195 yards. As most golfers are right swingers and tend to slice the ball from left to right, golfers may aim further left. Some golfers may aim further left in attempts to “cut the corner” of the dogleg. Diagram 1: Location of the 15816 E Brittlebush and the 11th Hole www.probablegolfinstruction.com Phone: 604-309-7030 probablegolf@yahoo.ca Owner/Creator: Ken Tannar •Errant Golf Ball Trajectories •Golf Netting Safety Height •Topographic Errant Ball Analysis •Adjoining Property Errant Golf Ball Safety Determination Probable Golf Instruction 3. The renowned American golf course architect, Dr. Michael Hurdzan (reference book Golf Course Architecture: Design, Construction & Restoration, 1996), did an extensive study to determine where golfers hit the golf ball in relation to their target line of play. He found that 92% of golf shots fall within 15 degrees either side of their apparent target line. He and other golf course architects have used this standard for many years in designing golf course setback distances. Hurdzan’s statistics are also corroborated by research conducted by the R&A (Royal and Ancient Golf Club of St. Andrews) during 1996 and 2018. 4. Dr. Mark Broadie of Columbia University has expanded on this with research and analysis to create a database named Golf Metrics. The database currently has over 55,000 shots from over 160 players. Golfer ages in the database range from 9 to 70 years and the scores range from 64 to 120. PGA and LPGA tour pros, club professionals, and amateur golfers are included. Broadie’s research concluded that low handicap golfers (better golfers) hit the ball farther with less lateral dispersion than higher handicap golfers (poorer golfers). Broadie’s research statistics indicate that 99.2% of golf shots fall within 15 degrees either side of their target line and 99.9% fall within 20 degrees. Note that for a course averaging 40 000 rounds per year, 0.8% outside of 15 degrees would equate to 320 balls. 5. Measuring from the Back Tees, the direction to the eastmost corner of the subject property from the YELLOW target line is 13 degrees; the distance is 170 yd. The direction and distance to the center of the residential house is 185 yards and 17 degrees, respectively, relative to the yellow target line. Thus, I confirm that there would be frequent golf balls hit from the teeing area that would land onto the at subject property. The setback distances from the fairway to the subject property are not large enough and do not meet the standards of safety for golf course design. 6. Diagram 2 below for part of Broadie’s research findings (scatter plot of golf ball end positions for higher handicap golfers) merged onto the golf hole using the yellow target line; note the number of golf balls impacting the property (note that shots finishing less than 125 yards from the tee are not shown). From Broadie’s large database, he identified the percentage of Driver Tee shots that would end left and right of the target line by different distances. Using Broadie’s statistics, I estimate that about 1.0% of Driver Tee shots from the Back Tees hit using the YELLOW target line would threaten the subject property. From the Middle Tees (one teeing area forward from the Back Tees, I estimate that about 0.5% of Driver Tee shots would threaten the subject property. Assuming 50 000 rounds of golf per year, I’d estimate that at least 250 balls would threaten the subject property each year. Diagram 2: 11th Hole with Broadie Scatter Plot 7. Diagram 3 below consists of 3 sample trajectories originating from the 2nd Tee (on many courses called the regular men’s tee) and are called pull hooks by right swingers. The ORANGE trajectory is hit with a 93 mph club speed Driver (average male golfer has a Driver club speed of 93 mph). The RED trajectory is hit with a 100 mph club speed. The WHITE is hit by a 100 mph club speed 3 Wood. Also in the diagrams is an L shaped fence that has a height of about 33 feet. Trajectories with greater hooks (or slices for left swingers). Left swinger slices will tend to have higher trajectories. Left swingers, however, make up less than 10% of golfers. Diagram 3: Possible Trajectories 8. Note that the WHITE trajectory clears the roof of the house and would strike the neighbour’s wall if the fence was not in place but is blocked by the fence. The RED trajectory would land near the corner of the property adjacent to the pool. The ORANGE trajectory would land short of the property. 9. Golf ball trajectory height is strongly correlated with club speed. Golfers with 100 mph club speeds have trajectories that are higher than golfers with 90 mph club speeds. Over 22% of golfers have swing speeds over 100 mph. If these golfers were to hit comparable hooks as in Diagram 3, the resulting trajectories would be higher and would likely carry long of the property but could mishit balls on lower trajectories. Longer hitting golfers may have a target line even further left of the YELLOW target line in attempts to “cut the dogleg” and get closer to the green. 10. Golfers that hit from the Forward Tees may also be able to hit balls onto the property. Longer hitters that use the Rear Tees may threaten the property as well. 11. Wind speed tends to be quite variable with sometimes significant gusts of higher speed. At the best of times, golfers have a difficult time judging wind direction and speed. Given this, golfers may not assess correctly the extent of the wind and hit the ball more left than intended, thus landing closer to the residential property. Head winds will tend to create higher trajectories that will have steep angles of attack when they land, thus making it more likely that errant golf balls could land within the property. 12. If the 33 ft high L-shaped fence cannot be installed as indicated in this report, then it should be as high as possible; I would definitely proceed with Nets Unlimited option to cover the west side with a horizontal roof net design 13. Please note that golf balls hit with a Driver that land onto the property will have speeds of approximately 27 m/s (97 mph). Given the hardness and small diameter of a golf ball, impacting a person at such speeds can cause irreparable damage to tissue and bone. There are many cases every year where persons are hit by golf balls, some causing death. 14. I’d recommend mitigation occur as soon as possible to avoid injury, death or damage to property. 15. The trajectory examples in Diagrams 3, that have been merged onto Google Earth images, were generated using a computer spreadsheet that I created. The software simulates the path a golf ball travels through the air as well as the collision between the various golf clubs and the golf ball. My model takes into account variables such as clubhead speed, loft, ball speed, initial trajectory angle, open, square or closed clubface, backspin, sidespin, air temperature, humidity, density, etc. My model takes into account the same variables as other researchers, with comparable results, and agrees well with empirical data collected by golf ball trajectory radar launch monitors such as TrackMan, Flightscope, Foresight, etc. 16. Have utilized the research data of average golfers provided by Trackman Radar (https://blog.trackmangolf.com/performance-of-the-average-male-amateur/) as well as that of professional golfers (https://www.pgatour.com/stats.html) as golf ball trajectory data is collected throughout the golf season. 210 m 165 m 41 degrees golf course, we understand that there is a risk involved in purchasing a home on a golf course. Some homes are at more risk than others depending on the home's location. But it is the responsibility of the potential homeowner to perform their due diligence before purchasing the home. I oppose the variance and netting for several reasons: 1. It will lower my property value 2. It will restrict the views that I enjoy and the main reason we purchased our home 3. Research supports that over time, the harsh climate causes the netting to fray and ongoing maintenance is needed to prevent the netting from becoming an eyesore. 4. The owner of this property did not buy this home as a primary or second home. It was purchased by an LLC with the intent to rent it. The owner lives in Idaho. What will the fence look like five years from now? Since the home was purchased as a 1031 Exchange, my fear is the present owner will sell the home in five years and I will be left looking at an eyesore. I took the time to talk to my neighbors about their opinion of installing golf netting. There are 16 homes, excluding the home in question, on the golf side of Brittlebush. 8 homeowners opposed the netting, 1 person did not care and the remaining homeowners were not home but I will be reaching out to them as well. I do know the homeowner on the immediate west side of the property in question does not want the golf netting. One owner said, "these homes have been here since the nineties and this has never been a problem; this is a business decision to reduce the liability of a rental property". In summary, I am opposed to the golf netting and I encourage the HOA and City Officials not to approve the golf netting. I have included the signatures of the neighbors opposing the golf netting and a few articles regarding golf nets (please see the yellow highlighted paragraphs). I am not opposed to the owner installing a pergola over their pool or other areas that are considered risk areas. I do value safety and that is why I installed a pergola and landscape screening in my own yard. Also, if the city and/or HOA do approve the netting, I would like to request that consideration be given to the aesthetics of the netting and to reduce the intrusive nature of the netting and to the long term maintenance of the netting. Thank you, Bobbie Kennamer Bobbie KennamerE. Brittlebush LaneFountain Hills, AZ 85268 From:Jeffrey Thiesse To:John Wesley Subject:Upcoming Zoning Meeting for 15816 East Brittlebush Lane - Final Date:Wednesday, December 7, 2022 12:32:57 PM EXTERNAL EMAIL Dear John D Wesley, I am writing to you regarding the SPECIAL USE PERMIT to install a golf ballfence submitted by Mr. Jim Johnson located at 15816 Brittlebush Ln, in Fountain Hills AZ 85268. I am also a resident in the Sunridge Canyon Community and neighbor with home ownership at E Brittlebush Ln. Fountain Hills AZ, 85268. I respectfully oppose to the approval of said golf ball fence at his residence due to the following concerns: It will impact the overall look of our neighborhood which was designed as a concept of open spaces and natural views rather than looking at man-madestructures like fences. It will be visible from many angles around the neighborhood including thestreet, obstructing natural view and landscape of the Mc Dowell mountains. I am also afraid that if this fence is approved it will be the fist of many to beplaced around the neighborhood thus creating a patched quilt of textures, heights, post colors, etc. I have seen these kind of fences in other golfcourse communities/homes and not all the neighbors maintain them properly, you can see ripped nets, rusted fence pools, birds or debristrapped in the fence netting. All which I do not want to see from my home. I strongly believe having a structure as such, it would impact the overallharmony of the place we call home while bringing our property values. It is my understanding that Mr. Jim Johnson just recently purchased this property. I have been living in this home for over 18 years, . I moved to this home from a home located in the same community however facing the golf course. I movedaway from the golf course for obvious reasons; constantly dealing with golfers and their balls hitting my home. I would respectfully question Mr. Johnsondecision to purchase a property located at a golf course and with open views to the mountains (which we all enjoy) to now be concerned with golf balls at theexpense of a harmonious and beautiful community we live in. Further, we moved into an HOA community so it would protect us from drastic changes like these. Unfortunately our HOA has kept us in the dark on this, and failed us. In 19 years why they have done this is really unforgivable. In closing, I would also respectfully argue that living across the street I too get golf balls hitting the front of my house and at times I find them in my back-yardor next to my parked car. Would it be appropriate for me to ask for a special permit to fence the front yard of my home to avoid them? Probably my neighborswould say no it would ruin the look of the neighborhood we can all see your fence. No different that the request Mr. Johnson has put forward. Unfortunately this issue comes with having chosen to live in a property located at a golf course. Sincerely,Jeffrey Thiesse ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/07/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Staff Summary (Background) This is a regularly recurring agenda item on the Town Council agenda during the legislative session. This agenda item aims to obtain consensus from the Mayor and Council on legislative bills and provide direction, if any, to staff to communicate the town's position on the bills. For every Council meeting, the Legislative Bulletin will be attached to the Town Council agenda, including legislative analysis of the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to review the bills that are under consideration in the Arizona State Legislature and provide direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to provide staff direction on one or more bills being considered by the State Legislature.   Attachments Legislative Bulletin - Issue 6  Legislative Bulletin - Issue 6  Legislative Bulletin - Issue 7  Form Review Inbox Reviewed By Date Finance Director David Pock 02/27/2023 12:46 PM Town Attorney Aaron D. Arnson 02/27/2023 01:39 PM Town Manager Grady E. Miller 02/28/2023 05:18 PM Form Started By: Linda Mendenhall Started On: 02/27/2023 09:29 AM Final Approval Date: 02/28/2023  AZ LEAGUE LEGISLATIVE BULLETIN _ ISSUE 6 - FEBRUARY 17, 2023 Legislative Bulletin: Today marks the 43rd day of the 2023 legislative session. A total of 1,528 bills and 97 memorials and resolutions have been introduced by the House and Senate. So far, 13 bills have been transmitted to the governor, all of which have resulted in a veto. FY 2024 Budget Developments The Legislature approved a $17.6 billion FY 2024 budget last week that was vetoed by the governor on Thursday. League Resolutions HB2044 (municipal general plan; adoption), sponsored by Representative Selina Bliss (R-Prescott), was considered by the House Majority Caucus and the House Minority Caucus on Tuesday. The bill states a governing body may submit a new general plan to voters for ratification in a municipality with a specified population and a growth rate that did not exceed an average of 2% per year and whose current general plan was approved by the voters. It also specifies if the current general plan was approved by the voters, then a new general plan may be submitted for ratification at the next municipal election or special election scheduled 180 days after the governing body adopted the plan. Additionally, an amendment was adopted that increases the number of days a new general plan can be submitted to the voters at a special election whose population growth rate exceeded an average of 2% per year from 120 to 180 days. SB1189 (S/E: municipal tax code commission; continuation), sponsored by Senator J.D. Mesnard (R-Chandler), would continue the Municipal Tax Code Committee for four years and allow a city or town to adopt an amendment to the Model City Tax Code if the amendment is a result of a statutory change. The strike-everything amendment was adopted by the Senate Finance Committee on Monday (7-0-0). Administrative Review SB1103 (administrative review; approvals; developments), sponsored by Senate President Warren Petersen (R-Gilbert). The bill would allow a city or town to authorize administrative personnel to review and approve land divisions, lot line adjustments, lot ties and plat amendments. It also allows a legislative body of a city or town to allow at-risk submittals for certain infrastructure. Finally, it defines “objective” as not influenced by the personal interpretation, taste or feelings of a municipal employee and verifiable by reference to an adopted benchmark, standard or criterion available and knowable by the applicant or proponent. The bill was approved by the full Senate (28-1-1) on Tuesday and transmitted to the House for consideration. Residential Rental Tax SB1184 (residential leases; municipal tax exemption), sponsored by Senator Steve Kaiser (R-Phoenix), was approved by the full House (32-28-0) on Tuesday. The measure would prohibit cities and towns from levying a tax or fee on the business of renting or leasing real property for residential purposes. The League opposes the measure as it lowers revenues for cities and towns by $230 million annually and fails to provide any benefit to 5.7 million Arizona residents. Zoning Preemption Bill SB1117 (S/E: housing; infrastructure), sponsored by Senator Steve Kaiser (R- Phoenix), was debated in Senate Republic and Democrat Caucuses. The League opposes the measure since it upends single-family zoning by prohibiting minimum lot sizes larger than 4,000 square feet, allowing ten residences per acre “by right” and preempts municipalities and charter cities in all housing matters. Additionally, it abolishes the citizen review process, violates voter- approved general plans, the general plan statute and the Voter Protection Act, severely restricts design review authority in cities and towns with a population of 25,000 or more, mandates zoning for single-room occupancy boarding homes and prohibits planning commissions from reviewing housing projects. If the bill is enacted, this could result in a loss of character in neighborhoods, disrupt economic development plans, and remove the public’s engagement in development decisions. HB2284 (homelessness; housing; facilities), sponsored by Representative David Livingston (R-Peoria), will be heard in the House Appropriations Committee this morning. HB2019 (licensing; permitting; criteria; clarity), sponsored by Representative Travis Grantham (R-Gilbert), would require local governments that issue licenses or permits for constitutionally protected or property-related activities to specify the clear criteria for granting such licenses or permits. The bill also mandates that local governments must approve or deny the application within 30 days of submission, unless state or federal law specifies a different time frame. If the local government fails to take action within the specified time frame, the application is deemed approved, except in certain circumstances. Additionally, the bill requires the court to determine if the criteria for approving the application are clear and unambiguous if the application is denied. The bill was debated in House Majority and Minority Caucuses on Tuesday. SB1413 (homeless encampment; removal), sponsored by Senator Justine Wadsack (R-Tucson), would mandate counties, cities and towns to immediately remove a homeless encampment on receipt of a report and, if applicable, subject persons to charges of trespassing or the appropriate drug-related offense. The League signed in opposed to the measure. The bill was approved by the Senate Judiciary Committee on Thursday (4-3-0). Vehicle License Tax SB1245 (VLT; cities and towns; counties), sponsored by Senator David Farnsworth (R-Mesa), would have mandated cities and towns to use vehicle license tax (VLT) revenues exclusively for transportation-related purposes. The bill was disapproved by the Senate Transportation & Technology Committee on Monday (2-5-0). Transportation & Infrastructure SB1697 (highways; bicycle paths; walkways; prohibition), sponsored by Representative Michael Carbone (R-Buckeye), would prohibit the Arizona Department of Transportation (ADOT) from using federal funding for bicycle or pedestrian paths as part of highway or state route construction. It also restricts ADOT from building separate bicycle paths or pedestrian walkways parallel to existing highways or state routes. The bill was approved by the Senate Transportation & Technology Committee on Monday (4-3-0). Public Safety SB1148 (law enforcement; video records; fee), sponsored by Senator John Kavanagh (R-Fountain Hills), would allow a city or town to establish a fee for a public records request to a local law enforcement agency for a copy of a video recording. The bill was approved by the Senate Government Committee on Wednesday (5-3-0). HB2756 (law enforcement; defunding; prohibition), sponsored by Representative David Marshall Sr. (R-Glendale), would prohibit cities and towns from reducing the annual operating budget of a law enforcement agency below the previous year’s budget. An amendment was also approved that requires municipalities to reduce all department budgets equally if they reduce law enforcement agency budgets, stipulating that law enforcement be the last budget to be reduced. The bill also exempts municipalities from budget requirements if they experience severe financial hardship, and the budget calculation is changed to the per capita annual operating budget. The bill was approved by the House Military Affairs & Public Safety Committee on Monday (8-7-0). HB2446 (smart and safe fund; distribution), sponsored by Representative Teresa Martinez (R-Casa Grande), would remove all recipients other than a joint powers authority from receiving a portion of monies from the Smart and Safe Arizona Fund. Tax Bills SB1577 (income tax rate; reduction; surplus), sponsored by Senator J.D. Mesnard (R-Chandler), would direct the Joint Legislative Budget Committee (JLBC) to determine state revenue metrics beginning in FY 2024 and annually thereafter. The bill requires the Arizona Department of Revenue to reduce the individual income tax rate by 50% of any structural surplus, as determined by JLBC. The bill was approved by the Senate Finance Committee on Monday (4- 3-0). The League is opposed to the measure as it would lower state shared revenues for cities and towns. It is worth noting SCR1035 (surplus; income tax rate; reduction), sponsored by Senator J.D. Mesnard (R-Chandler), outlines similar provisions subject to voter approval. The bill was also approved by the Senate Finance Committee (4-3-0) on Monday. SB1325 (TPT; administration; remote sellers), sponsored by Senator Ken Bennett (R-Prescott), would allow remote sellers to choose a single municipal tax rate, with prescribed administration requirements. It also extends reciprocity to remote sellers for communicating through state tax agencies and remitting taxes between states if other states' tax agencies offer comity and if a central clearinghouse is established. The bill was approved by the Senate Finance Committee on Monday (4-3-0). HB2807 (TPT; prime contracting; exemption; alterations), sponsored by Representative Michael Carbone (R-Buckeye) would define “alteration” as a physical change that does not increase the square footage of existing residential structures. For non-residential properties, the definition does not apply if the contract amount is over $750,000. The term “modification” is defined as activities that increase the square footage under the roof. The law takes effect on Jan. 1, 2024. The bill was approved by the House Ways & Means Committee on Wednesday (6-4-0). Public Records HB2808 (public records; time frame), sponsored by Representative Michael Carbone (R-Buckeye), would require cities and towns to respond to a public records request within 15 business days. The bill was approved by the House Government Committee on Wednesday (9-0-0). SB1308 (fireworks; aerial devices; retailers; licensure), sponsored by Senator David Gowan (R-Sierra Vista), would include aerial devices in the definition of consumer fireworks and permit specialty retailers licensed by the State Fire Marshal to sell consumer fireworks every day of the year in every county of Arizona. The bill also eliminates several requirements related to the compliance of fireworks with the American Pyrotechnics Association Standard 87-1 (APA 87-1). The bill was held by Senate Commerce Committee on Thursday. HCR2043 (compensation; state preemption; limitation), sponsored by Representative Matt Gress (R-Phoenix), would preempt cities and towns from regulating employee benefits. The bill was approved by the Senate Commerce Committee on Tuesday (6-4-0). 2023 Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: February Monday 2/6 – House bill introduction deadline 2/13 – 2/17 – last week to hear bills in chamber of origin March 3/20 – 3/24 – last week to hear bills in opposite chamber April Friday 4/14 – last day for conference committees Tuesday 4/18 – 100th day of session Legislative Staff You can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Jonathon Bates, Legislative Analyst: jbates@azleague.org Michael Jones, Legislative Intern: legisintern@azleague.org #Keepup with us on Twitter. Keep up with the issues and events. Legislative Bill Monitoring All bills being actively monitored by the League can be found by clicking the link below. League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. CLICK HERE Legislative Bill Monitoring AZ LEAGUE LEGISLATIVE BULLETIN _ ISSUE 7 - FEBRUARY 24, 2023 Legislative Bulletin: Today is the 50th day of the 2023 legislative session. A total of 1,528 bills and 97 resolutions have been introduced. Fourteen bills have been transmitted to the governor, all of which were vetoed. SB1184 (municipal tax exemption; residential leases), sponsored by Senator Steve Kaiser (R-Phoenix), was vetoed by the governor on Thursday. Read the governor’s veto letter here. League Resolutions SB1189 (municipal tax code commission; continuation), sponsored by Senate J.D. Mesnard (R-Chandler), would extend the Municipal Tax Code Commission until July 1, 2027. It would also allow a city or town to adopt an amendment to the Model City Tax Code if the amendment is a result of a statutory change. The bill was approved by the Senate on Thursday (28-1-1) and transmitted to the House for consideration. HB2044 (municipal general plan; adoption), sponsored by Senator Selina Bliss (R- Prescott), would allow cities and towns to submit a new general plan to voters for ratification if the growth rate did not exceed an average of 2% per year and the current plan was approved by voters. If the current general plan was approved by the voters, then a new general plan may be submitted for ratification at the next municipal election or special election scheduled 180 days after the governing body adopted the plan. Finally, the measure increases the number of days from 120 days to 180 days that a new general plan can be submitted to voters at a special election whose population growth exceeded an average of 2% per year. The bill was approved by the House on Monday (56-0-4). SB1585 (homelessness; rights; eviction; housing; appropriation), sponsored by Senator Catherine Miranda (D-Phoenix), is an emergency measure that would create an Affordable Housing Pilot Program within the Department of Administration, as well as allow the Department of Housing to award grants to cities and towns. The bill appropriates $145 million from the General Fund, as well as appropriates $10 million to the Department of Economic Security for rental assistance and eviction prevention for persons 65 years of age and older. The League testified in support of the bill approved by the Senate Appropriations Committee on Thursday (7-3-0). HB2329 (first-generation home buyers assistance; appropriation), sponsored by Representative Marcelino Quiñonez (D-Phoenix), was approved by the House Appropriations Committee on Monday (11-3-1). The League signed in supporting the bill, which would create a First-Time Home Buyers Down Payment Assistance Grant Fund and appropriate $8 million. Municipalities would be eligible to receive loans by providing a match amount based on the population of a municipality. Charter Cities Repeal SCR1023 (charter cities; repeal), sponsored by Senator Justine Wadsack (R- Tucson), was considered in Senate Democrat and Republican Caucuses on Monday and Tuesday, respectively. The League opposes the measure as the home rule charter provision provides local autonomy for purely municipal concerns while preserving state legislative authority over statewide concerns. City charters are essential for governance, administration, ordinance adoption, finance and budgeting. They also allow cities to operate according to the community’s wishes, with approval from local voters. The League of Arizona Cities & Towns supports the use of city charters as an important feature intended by the framers of the Arizona Constitution. HB2284 (homelessness; housing; facilities), sponsored by Representative David Livingston (R-Peoria), was approved by the House Appropriations Committee on Monday (8-6-1). The League signed in opposed to the measure as provisions in the bill requiring enforcement of anti-camping ordinances have come under scrutiny by the Ninth Circuit in Martin v. City of Boise and more recently in Johnson v. City of Grants Pass. HB2430 (EORP; appropriations; repayment), sponsored by Representative David Livingston (R-Peoria), was approved by the full House (53-7-0) on Wednesday. The League supports the bill as it offers a zero-interest mechanism for impacted municipalities to pay down retirement debt. SB1162 (home-based businesses; restrictions; prohibition), sponsored by Senator Steve Kaiser (R-Phoenix), would intrude on traditional neighborhoods and give homeowners control of home-based businesses without taking into account the impact on their neighbors. The League is opposed to the bill, which was approved by the Senate on Wednesday (16-13-1). SCR1035 (surplus; income tax rate; reduction), sponsored by Senator J.D. Mesnard (R-Chandler), as well as SB1577 (income tax rate; reduction; surplus), sponsored by Senator J.D. Mesnard (R-Chandler), would require the Department of Revenue to reduce the individual income tax rate by an amount equal to 50% of any structural surplus based on a formula contained in the measures in perpetuity. The League opposes the measure as cities and towns could be forced to absorb significant revenue cuts during a recession or economic downturn. Both measures were approved by the Senate along party lines (16-13-1). SB1148 (law enforcement video recordings; fee), sponsored by Senator John Kavanagh (R-Fountain Hills), was heard in Senate Republican and Democrat Causes on Monday and Tuesday, respectively. The measure is now eligible for floor action by the full Senate. 2023 Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: February Monday 2/6 – House bill introduction deadline 2/13 – 2/17 – last week to hear bills in chamber of origin March 3/20 – 3/24 – last week to hear bills in opposite chamber April Friday 4/14 – last day for conference committees Tuesday 4/18 – 100th day of session Legislative Staff You can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Jonathon Bates, Legislative Analyst: jbates@azleague.org Michael Jones, Legislative Intern: legisintern@azleague.org #Keepup with us on Twitter. Keep up with the issues and events. Legislative Bill Monitoring All bills being actively monitored by the League can be found by clicking the link below. CLICK HERE Legislative Bill Monitoring League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org