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HomeMy WebLinkAboutAGENDApacket__03-21-23_0302_444       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 21, 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.        Town Council Regular Meeting of March 21, 2023 2     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 - Pastor Rick Ponzo, Calvary Chapel     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION: Fountain Hills Connect is a new citizen engagement tool for residents to submit code, street, and parks concerns.      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 February 7, 2023, and the Special Meeting of February 9, 2023.     8.REGULAR AGENDA   Town Council Regular Meeting of March 21, 2023 3   8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the proposed Fountain Hills Logo     B.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the General Fund, Streets Fund, Capital Project Fund, Economic Development Fund and Tourism Fund.     C.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2023-08 approving the proposed updates to the Rules of Procedure.     D.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) 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 21, 2023 4   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/21/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations                   Submitting Department: Administration Prepared by: Bo Larsen, Community Relations Manager Staff Contact Information: Bo Larsen, Community Relations Manager Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Fountain Hills Connect is a new citizen engagement tool for residents to submit code, street, and parks concerns.  Staff Summary (Background) Community Relations Director Bo Larsen will introduce a new Citizen Request Management (CRM) tool replacing Request Tracker. This presentation will highlight the new platform's upgrades for resident submittal of code enforcement, street concerns, public works issues, and park-related issues.  The new system is significantly more robust and provides residents with the ability to report physical problem conditions to the system.  Based on the nature of the complaints, service requests will be directed to the appropriate division.  In addition to sending an acknowledgement of the service requests, the system will maintain a database with updates about the problem conditions until resolved.   Attachments E:\PRESENTATIONS/FH Connect presentation 3-7-23  Form Review Inbox Reviewed By Date Finance Director David Pock 03/07/2023 03:47 PM Town Attorney Aaron D. Arnson 03/08/2023 04:07 AM Town Manager Grady E. Miller 03/08/2023 09:32 AM Form Started By: Bo Larsen Started On: 03/06/2023 04:14 PM Final Approval Date: 03/08/2023  TOWN OF FOUNTAIN HILLS WWW.FOUNTAINHILLSAZ.GOV Fountain Hills Connect Bo LarsenCommunity Relations Director/PIO WWW.FOUNTAINHILLSAZ.GOV Modern Citizen Request Management System WWW.FOUNTAINHILLSAZ.GOV Modern Citizen Request Management System WWW.FOUNTAINHILLSAZ.GOV A Hub for Accepting and Managing Requests •Web Portal •Phone App •Reporting •Phone Calls WWW.FOUNTAINHILLSAZ.GOV A Hub for Accepting and Managing Requests •Request Reported •Request Acknowledged •Request Closed •Work Order Management •Assign Work •Work Completed •Reporting and Measuring WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV WWW.FOUNTAINHILLSAZ.GOV Thank you. Questions? ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/21/2023 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 February 7, 2023, and the Special Meeting of February 9, 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  February 7, 2023, and the Special Meeting of February 9, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of February 7, 2023, and the Special Meeting of February 9, 2023, as presented. Attachments Summary  Verbatim Transcript  Minutes  Form Review Inbox Reviewed By Date Finance Director David Pock 03/09/2023 03:07 PM Town Attorney Aaron D. Arnson 03/10/2023 07:53 AM Town Manager Grady E. Miller 03/10/2023 08:31 AM Form Started By: Linda Mendenhall Started On: 03/09/2023 02:39 PM Final Approval Date: 03/10/2023  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL February 7, 2023 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held on February 7, 2023, to order at 5:30 p.m. and led the Council and audience in the Pledge of Allegiance. 2. INVOCATION Pastor Rick Ponzo from the Calvary Chapel Fountain Hills 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 Forty-nine members of the public were present. 4. REPORTS BY MAYOR, COUNCIL MEMBERS, AND TOWN MANAGER 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. 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 Caroline J. Morelli The following residents addressed the council: Larry Meyers Crystal Cavanaugh Liz Gildersleeve Dianne Price Amy Stokes Gene Slechta 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 Councilmember Sharron Grzybowski to approve the Consent Agenda, 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 A. CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Regular Meeting of January 3, 2023, and the Joint Meeting with Fort McDowell Yavapai Nation Tribal Council of September 29, 2022. B. CONSIDERATION AND POSSIBLE ACTION: Approving an Extension of Premises Liquor License application for the Fountain Hills Elks Lodge 2846 for a charity event on May 6, 2023. 8. REGULAR AGENDA A. CONSIDERATION AND POSSIBLE DIRECTION: Provide guidance and direction to staff on possible parameters for temporary sign regulations. Mayor Dickey opened the item for public comment. The following resident provided a written statement. Liz Gildersleeve MOVED BY Councilmember Brenda J. Kalivianakis to postpone consideration of this temporary sign ordinance and possible direction of the sign ordinance until the Town Council Retreat on February 28th, SECONDED BY Councilmember Hannah Toth. 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 B. CONSIDERATION AND POSSIBLE ACTION: Adopting an Administrative Policy for Invocations at Town Council Meetings. Mayor Dickey opened the item for public comment. The following residents addressed the council. Crystal Cavanaugh Ted Blank MOVED BY Councilmember Hannah Toth to approve the draft policy Councilmember Brenda Kalivianakis submitted, SECONDED BY Councilmember Allen Skillicorn. Vote: 6 – 1 passed Councilmember Friedel Aye Councilmember Grzybowski Aye Councilmember Kalivianakis Aye Councilmember Toth Aye Councilmember Skillicorn Aye Vice Mayor McMahon Nay Mayor Dickey Aye C. CONSIDERATION AND POSSIBLE ACTION: Authorization of transfers for the purchase of two temperature-controlled storage pods for use at the Community Center. Mayor Dickey opened the item for public comment. The following residents provided a written statement. Stephanie Czopp Jack Gramm Liz Gildersleeve The following residents addressed the council: Rick Watts Peggy Yeargain Kim Wolborsky MOVED BY Vice Mayor Peggy McMahon to approve a budget transfer not to exceed $30,000 for the purchase and installation of two storage pods, SECONDED BY Councilmember Brenda J. Kalivianakis. Vote: 6 – 1 passed Councilmember Friedel Aye Councilmember Grzybowski Aye Councilmember Kalivianakis Aye Councilmember Toth Aye Councilmember Skillicorn Nay Vice Mayor McMahon Aye Mayor Dickey Aye D. 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 Having no further business, Mayor Ginny Dickey adjourned the Regular meeting of the Fountain Hills Town Council held on February 7, 2023, at 8:06 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 7th day of February 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st of March 2023. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS Page 1 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 1 of 71 Post-Production File Town of Fountain Hills Town Council Meeting Minutes February 7, 2023 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 2 of 71 MAYOR DICKEY: Good evening, everyone. Please stand for the pledge. ALL: (Audio skips) -- to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Thank you. If you'd like please join us. We have Pastor Rick Ponzo here from Calvary Chapel. PONZO: Good evening, Madam Mayor, councilmembers, Grady, and staff. Thank you for allowing me to come and pray tonight. If you're so inclined, please pray with me. Lord, we thank you that we have this opportunity to come together and Lord hear what the council is going to discuss tonight. We pray that you would give them wisdom, that you would give them understanding and discernment and clarity, as they make decisions for what will best for our town. I pray these things in the name of Yeshua Hamashiach, amen. ALL: Amen. PONZO: Thank you. MAYOR DICKEY: 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. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. TOWN OF FOUNTAIN HILLS Page 3 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 3 of 71 DICKEY: Thank you very much. We'll start with our reports by Town Manager, Mayor, and council. Grady? MILLER: Thank you, Mayor and council. I wanted to just remind the council that we kind of officially started our public budget process. Last night, we held our first of -- our Budget Open House. We had a number of people attend and I think that the finance director did a really good job of explaining how the budget process works and people had some really good, well- informed questions as well. So I'm very hopeful. This was something that came out of our strategic plan that suggested we do more to do outreach. So I was very pleased with how that went. Also, I know we'll probably hear from other councilmembers tonight, but the Concours in the Hills was just another knockout event and I'll leave it at that, because I know there's others that want to chime in on that. MAYOR DICKEY: Thank you. TOTH: Thank you, Mayor. And yes, you were right. I wanted to give a shoutout to Concours in the Hills. What a fantastic event for a great cause and welcomed a lot of people to town this weekend between that and the Gun Show. So a really exciting time for Fountain Hills. We're a much more vibrant community than we get credit for and it was great to see some traffic in town, even though maybe the traffic itself wasn't so great. But the people were wonderful. GRZYBOWSKI: Ditto, ditto. Is it my imagination or were there more cars this year? I felt like there were a lot more cars because I felt like I saw less people because there was so much to look at. Also, the Gun Show was pretty darn awesome. We actually went both Saturday and Sunday because we decided we didn't buy enough on Saturday. Plus we walked, so we had to carry the stuff home. I also attended the Greater Phoenix Economic Council 2023 Economic Snapshot, the GPEC Board of Directors Retreat, and we had three Arizona League calls. There were multiple bills that had been proposed to take sales tax revenue or TOWN OF FOUNTAIN HILLS Page 4 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 4 of 71 power away from the cities and the towns. And I'll just mention them briefly, because I know we'll probably want to talk about them more later. But some of the bills just this week that we talked about was HB 2418, which is mandating emergency response time; SB 1117, which is by-right-zoning; SB 1245, which is mandating where the VLT monies get applied; and SB 1274, which allows data center operators to receive a TPT refund on certain expenses. These are only some of the examples where our state legislators appear to not be acting in the best interests of our town. Thank you. MAYOR DICKEY: Councilman? FRIEDEL: Thanks, Mayor. A couple of reports on various things that I've done. The Wednesday Farmer Markets have been getting very crowded now. They have two produce people there, so if you haven't been down there, take a shot down there. It's pretty interesting. And I attended the Domestic Violence Regional Meeting with MAG. And also, two things I want to mention about that is they actually exposed a direct link of gambling and the problems with gambling and how it relates to domestic violence. So they also had a phone number; if anybody needs it, it's 1-800-NEXT-STEP for that. And then also teen dating violence is also on the rise. So on our town website, we've got a series of different webinars that are out there. So the town put that all out on our websites, so there's a series of different webinars that'll be hosted out there as well. I also attended the rollout of TAMA. So some people might be asking what TAMA is. It's The Avenue Merchants Association. And that was cohosted by the Chamber and that organization, Jim (ph.) and Phillip (ph.) -- Jim is the owner of Manny's down on the The Avenue. So this is a new launch. They are hoping to bring some exciting new programs to the downtown avenue area, so look for some things and some new happenings down there as well. I also attended the Volunteer Expo and that was very crowded and again, kudos to our staff for helping put that on in our Community Center. I attended the Havenly art decoration. If you haven't seen that inverse fountain that's there on the corner, kitty-corner from Town Hall here, it's an interesting piece and TOWN OF FOUNTAIN HILLS Page 5 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 5 of 71 that completes just about everything out there I think now, too, so -- and their residency is up over 90-some-odd percent there, too. So that's good to hear. I also attended the State of the Town conversation put on by our Mayor. And the Concours -- yes, we had over 1200 cars, I believe, in there this year. And a record number of people out there, as well as, I think -- the numbers aren't in yet on what was raised for Children's Phoenix Hospital [sic], but I hear it's going to be probably another record breaker as well. So again, if you didn't get the opportunity to see that, it was quite an event. We were down there for about 5 hours and an unbelievable amount of cars and people down there, too. So one other thing. I want to give a shoutout to is the Legion Post 58 here in town has got a program -- I'm sorry, a project going on there, where they're going to be replacing their temporary shade structure. And I want to give a shoutout to our staff, Rachael and Kevin and Gary Millis (ph.) who works with the Legion on this project. The town is going to be the beneficiary of that temporary shade structure at some point. So we've had several meetings. John Wesley and his group were involved with that, too. So that is going to happen and I think plans are going to be submitted fairly soon for that to be taken care of. So again, this is a project where we brought the town and the Legion together and the town is going to benefit from this directly, so kudos to working together on getting that done. It shows that we can do that. So look for more on that and also they're raising funds for that. If anybody wants to make a donation, stop by the Legion and drop off a sizable check, will you? And then like was mentioned earlier, the Budget Open House, I want to commend David Pock. It was excellent. A lot of good questions were asked and a lot of good explanations as well. So those are important for people that want to know where our money is going, how we're spending it, and he did a good job of answering all that, so thank you. MCMAHON: Good evening, everybody. I would like to first say that Mayor Dickey's State of the Town was fabulous. It was well-attended. We have a lot to look forward to. She's doing and has done an excellent job. She keeps our town vibrant. So if you have not attended, you can go TOWN OF FOUNTAIN HILLS Page 6 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 6 of 71 ahead and look at it online, and just go to our website and you'll just put in Mayor Dickey's State of the Town. And I definitely would take the time to watch it. It was a great, great event. MAYOR DICKEY: Thank you. MCMAHON: I also attended the Dementia Friendly Committee, and we're moving forward with our town becoming a recognized dementia friendly town. I also attended on behalf of the Mayor the Havenly art project opening and it is fabulous. It is a sculpture that depicts our fountain that was upside down and it took me a little bit of a minute to kind of like, okay, understand that. But I do, and it is a great sculpture. I think it is a great place for it at -- coming into downtown and complements the Art Walk. There is also a small bench there that you could sit down and reflect when it's not a 116 years old -- I mean 16 years out. And so it's really, really nice to have that corner finished. I attended the ribbon cutting for Mike Pameditis and his wife Coco for Edward Jones and that was well-attended and a fun event. He's lived in this town almost all his life, right? MAYOR DICKEY: Yeah. MCMAHON: So it was pretty fun to be there. I attended the East Valley Partnership Board Meeting and we were discussing working with the Arizona Commerce Authority and went over all of the wonderful new businesses that are going to be coming into Phoenix with billions and billions of dollars and thousands of jobs, et cetera, so that it was really nice to hear the CEO of the Commerce Authority explain all the things that are in their pipeline and coming up. We have a lot to look forward to. There was also a ribbon cutting for Real World Dance Studio. It is a really good place to go learn to dance. It's off -- it's Enterprise over there. They've been in town a while, but they finally got their own place and renovated it, so if you're interested in learning how to ballroom dance or anything, just give them a call. They'd love to have you as a client. So today I attended the MAG Economic Council Meeting and we also discussed all the new businesses that are coming into town and Arizona Commerce Authority spoke TOWN OF FOUNTAIN HILLS Page 7 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 7 of 71 there as well. So they're all working in conjunction to make sure that Arizona is very successful. And I did attend the public meeting last night on our budget and of course, with David Pock. He adds a little bit of humor to it. He's funny. He really explains things and it really helped you to understand what is in our Streets Fund and how much the last council contributed to that, in the millions of dollars, and that moving forward we will have more money for the streets. So thank you. MAYOR DICKEY: Thank you. KALIVIANAKIS: Thank you, Ms. Mayor. As you can all tell, it's been a pretty busy couple weeks for us. This is a lot longer than usual. I attended the Munch and Music at the Community Center. I play the saxophone as many of you know, so this was really exciting for me. It was sponsored by the Fountain Hills Civil and Cultural Association. They do this once a month from January to April. The Fountain Hills Saxophone Quartet will be featured April 27th, which I played with them before. I highly recommend you go. It's going to be a really good event. Go to ilovefountainhills.com/munchandmusic [sic] if you want their schedule. I also went to the special ribbon cutting ceremony for Mike and Coco Pameditis. I met them during Leadership Academy. They're exceptional people. Like, they said they've lived here their whole life and they have a business here with Edward Jones and they are very active in our community. And they're very generous, too -- donors for our community. There was the Mayor and four councilmen that went there, which was the most I've ever seen at a ribbon cutting, and the crowd was spectacular. And so I wanted just to acknowledge that. I also attended the Concours in the Hills. I was there with probably a thousand friends and my 1964 Corvette, which went over pretty big at the show. And they raised so much money for Phoenix Children's Hospital and I'm so happy that they do that here and we're such a fundraiser for such a wonderful cause. And so thank Peter Volny and Allen and Sandy Beyun (ph.) for putting that on. What a spectacular event. Again went to the Budget Open House again this year with David Pock where we had a very good conversation about the budget and next year, I would strongly encourage TOWN OF FOUNTAIN HILLS Page 8 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 8 of 71 the people in this room and the people watching to go. That's where you'll find out, you know, how the sausage is made. The State of the Town, I went to. The Mayor did us very proud. She gave a very good presentation. The staff put on a presentation, an audio-visual presentation that was second to none. I was so proud of that event and the professionalism that was displayed. Lastly, there's so many more things, but I did go to the TAMA event with Gerry Friedel -- with Councilman Friedel. And it's nice to see the business owners in our downtown section getting together to promote their businesses to get that vibrant -- if I may quote you, Ms. Mayor -- that vibrant community that we seek so much and they're very energized and it's just good to see our business owners getting together and trying to get that vibrant exciting downtown. So thank you. SKILLICORN: Thank you very much. First, I really have to thank Peter Volny. That Concours. The town really shined over the weekend with all the visitors here, all the wonderful machines around the lake. It was just a wonderful experience. Really proves Fountain Hills is open for business. I also want to thank John Wesley, even though I don't see him right this moment. We went -- there he is. We went driving around town looking at signs. Just thank him for his time and his expertise, sharing some of those details of what's -- you know, what's what. Where the areas are zoned and really giving some really good advice there. Also did a tour of A New Leaf, the homeless shelter in Mesa, just last week. And that's all. MAYOR DICKEY: Thank you very much. I went to usual Regional Council meeting and the Executive Director, Eric Anderson, is retiring at the end of the fiscal year. He had a career at MAG more than two decades. Grady, you know that. We appreciate his leadership and service and he's going to make sure that we finalize our work program and the budget process that is currently underway. I attended Mesa Mayor John Giles' State of the City this morning. It was quite the production. But I wanted to mention that I felt like we were honored in Fountain Hills for our State of the Town because Mayor Giles from Mesa came, Mayor Peterson from Gilbert. TOWN OF FOUNTAIN HILLS Page 9 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 9 of 71 We had Mayor Hartke from Chandler and then Mayor Lewis who used to be the mayor of Gilbert but now he's the head of East Valley Partnership. So it was really kind of exciting to have them come here. And I want to echo thanking the staff under Manager Miller. The video was great and all the accomplishments and moving forward. So again, it was very nice to happy everybody there and I thank the people who did come. Okay. Our next item is going to be our special appearance presentation by Captain Kratzer. He's making his way up here. Welcome. KRATZER: Good evening, Madam Mayor and members of the council. I just had a couple of things. I know this is called an update and usually I do try to give some updates, but I just wanted to talk on a couple of points tonight. First off, the Concours and the Gun Show this weekend. Traffic was very heavy. It was clear it was well-attended. So most of you made a lot of great points about the two events and from law enforcement's perspective, it's been a long time since we've seen that kind of traffic and parking all along the downtown streets. So I know that's a great thing for the town. The best part about that from our perspective was there were no major accidents, no major incidents. Everybody was well-behaved. The event went great at the Concours. I don't believe we had any incidents at all during the course of the event, and the same for the Gun Show. So I think that just speaks to the community and even the visitors who came to it, that everybody enjoyed themselves and the weather was beautiful and it was a great event. The next thing I wanted to do is just talk about one of the programs we have with the sheriff's office and that's just the citizen ride-along program. And I wanted to extend that to the residents, make sure they understood that if there was any interest at all in coming and doing a ride-along with a deputy for a patrol shift or part of a shift, that they're able to do that. And then I wanted to make sure that we extended that to the council as well. Obviously, that would be something that if any of the councilmembers were interested in TOWN OF FOUNTAIN HILLS Page 10 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 10 of 71 doing, and Councilmember Kalivianakis came and did that prior to being a councilmember. She rode with Deputy Hampton, who's our SRO. She was out on patrol during that time. And I think it was a pretty good experience, based on the feedback I heard from council. And so that extension of that invite is there for any of you that want to come do ride-along, whenever works best for you timeframe or, you know, if you wanted to do a whole shift, partial shift, we could do that. Just if you wanted to see firsthand, you know, what a day looks like with a deputy. And now I'll move in just to my update. I wanted to talk about some of the incidents we've had recently at some of the local parks in town. And I wanted to just kind of bring maybe some awareness for residents in a couple of different ways, in terms of being aware of incidents at the park and calling MCSO if they see anything going on at the park or anything suspicious. At times, we see a little bit of a correlation when schools are out where we see a little bit more vandalism or damage to the park playground equipment or things at the park and that's not at all saying that, you know, our youth in town are causing problems. I mean, there's always some one-offs, but we have had three incidents in the last few months that the town park staff has worked with us in reporting in a timely manner and us looking at the video and trying to resolve the issue. And one of the things that MCSO and the town does really well, the park staff, is just communicate really well. The town park staff always reports these incidents really quickly to us. Kevin Snipes and Rachael Goodwin always have a really good understanding of what the issue was, what the damage is. We always need to know what the cost of the damage or graffiti or whatever that issue may be. But with their surveillance system -- they've got a lot of surveillance cameras at the parks and those have been instrumental in us being able to get to the bottom of some of these issues and work with either the parents or the children or whether if charging is appropriate to be able to successfully charge and get restitution for the damage to the playground equipment. So -- and just, you know speaking to that is that the amount -- when we do have these incidents at the park, it creates a lot of added work for the park staff in terms of TOWN OF FOUNTAIN HILLS Page 11 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 11 of 71 cleaning whatever may be there, the repairs. And then that cost for the additional repairs, if it's not resolved, it's then passed along to the town and the residents. So it's important and we're just asking that if, you know, we have residents who see something at the park and they see, you know, kids damaging property or doing things or there is a problem to please report it, or something suspicious, and we're happy to come take a look and check it out. A couple of the incidents I wanted to just hit on briefly, just so you kind of know what we're talking about. I mean, we have had at the Fountain Park -- one of the new pieces of equipment had been -- there was four or five kids that pulled down one of the pieces of equipment and the video that was there was able to paint the picture of what occurred. We were able to reach out to -- the town staff was actually able to identify most of the kids involved with the help of social media and then with our SRO at the schools being able to identify some of the people involved. And we're working right now with that one to ensure that the parents are able to come in and take care of the charges or the fees, and if charging is appropriate down the road. I wanted to just talk also when I'm done about a town ordinance that's in place that we rely on that is a pretty helpful tool when dealing with situations like this, where maybe the child doesn't need to be charged criminally with criminal damage, but there is a town ordinance that's civil in nature that really gives us the teeth that we need that helps the town get those repairs done and pass that cost along to the parent. But then we had two incidents at Four Peaks Park where one was a decorative retaining wall with blocks on it where two kids were seen kicking off the blocks and then smashing the blocks and we were able to identify those students also through the use of the SRO at the school. In both of those, we utilized the town ordinance in dealing with the parents and the kids to be able to have some hopefully successful resolution when it gets down to the court. And then the final one we had was four kids that were damaging trees and pulling them out of the ground at the Four Peaks Park that were just planted. So you know, they might be minor issues, but they definitely are issues that impact town staff and the residents and again, you know, it's not to say that there's a problem at all that's probably any different than any other city or town with a park and TOWN OF FOUNTAIN HILLS Page 12 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 12 of 71 youth problems. But it is one of the things we work closely with town and have a great partnership with park staff, Rachael and Kevin. And I just wanted to touch on this and I think it's important for the parents to understand if their kids are involved in damaging town property or, you know, maybe they're not aware of what they're doing. The town ordinance is Section 11-1-3 and it's called Defacing Public and Private Property and it basically lays out that it's unlawful for any person to deface any public property, including but limiting to -- and it goes into writing, drawing. An important one is pasting. We get a lot of -- we had during election time a lot of posters that were pasted onto walls and surfaces that caused a lot of cleanup hours for the town. So it gives us the teeth to charge on those. And these are civil in nature, so we charge -- but the ordinance requires that the civil offense -- it's a civil sanction, but that both the child and the one adult or guardian of the child be issued that civil citation as well, so that then the court can adjudicate the case. And again, it's civil. It's not a misdemeanor or anything like that, so there -- Now, if it's an egregious matter and it has to be charged with criminal damage, we still have that ability as well, that we could go through the actual criminal charging. So just wanted to bring awareness to those issues. We have spring break coming up and we're just hoping, you know, sometimes during the school breaks or holidays we can tend to see a little bit of an uptick in those type of incidents. So we just want to bring awareness. So thank you for the time. I know a lot of that was public awareness, not necessarily an update, but it's helpful with this type of venue to get that out. So I'd be happy to take any questions or comments. KALIVIANAKIS: Thank you, Ms. Mayor. I just have two things. The first one is just a statement and then the second one I have a question for you. Good law enforcement begins, of course, with the sheriff's office, but it really resides in the people that live in the town. If you see something, you have to say something. If you see vandalism, you don't want to get involved in it, but take a picture and forward it in an email or take it to the sheriff's office. It's very important. The other thing I found is a lot of times somebody will get a bike stolen or some TOWN OF FOUNTAIN HILLS Page 13 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 13 of 71 other very minor -- I guess a minor infraction, and instead of reporting it to the Sheriff, they post it on Facebook. That's a problem, okay? If you've got a -- if there's a law enforcement problem, an issue, do it to the nonemergency, or if it's an emergency to the emergency, to Maricopa County Sheriff's Department, rather than the first thing is going on your Facebook page. So that was my statement. I've had some people approach me about the Luna apartments. I don't know if that's on your radar or not, but from what I understand, there's a lot of possible drug dealing, a bad element that's hanging around those apartments. I guess the Presbyterian Church was broken into twice. This is anecdotal. I don't know this for a fact. I didn't witness it. But is that on your radar? KRATZER: Councilmember Kalivianakis, no, I'm not aware of the issues with the Luna apartment complex. But I will take some time this week to look into that and see if we have any police calls for service. Or we get a lot of people that put information through the tip line and it's a pretty effective tool. They can remain anonymous. They can put it in through the computer. We get a lot of emails and then there's a system that we have where they're all tracked. We get audits each month of our tips that we received to make sure they we've addressed them. So I'll go back and look at that and look at our calls for service and see if we are seeing an increased reporting of incidents like that and then do some law enforcement stuff to address that. But I don't know the answer offhand. It's not on my radar currently, no. KALIVIANAKIS: Okay. Yeah, it just recently came up and I'm sorry I didn't give you any notice of this. But I just wanted -- just call it to your attention. KRATZER: Thank you. SKILLICORN: Mayor, Captain. Part of it, actually went off of councilmember here, about the posting on social media. So I saw, I guess, Saturday there were some people that were backyard breeders TOWN OF FOUNTAIN HILLS Page 14 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 14 of 71 that were selling dogs at the Concours. And I actually saw a little bit of it. I think I saw -- but online I saw something else posted. A little bit of research, it does appear it was against the law. I don't know if that is on your radar or not. KRATZER: No, and typically, Councilmember Skillicorn, for situations like that it would usually generate a call for service that would kind of get us into motion on that. SKILLICORN: Okay. KRATZER: Most of the time, you know, a deputy walk in the park that was hired for security, for off-duty. I don't know that they would've observed that and paid attention and realized that it is a town ordinance that they would've had to have, you know, a business license -- SKILLICORN: Um-hum. KRATZER: -- or whatever would come with that. So no, I wasn't aware of that. I know during some of the other events, like the Fourth of July, we get some unlicensed vendors that come out and try to sell dogs. SKILLICORN: Okay. KRATZER: And we try to stay on top of those. But you know, we'll note that and make sure on the upcoming events. I'm sure it was prime because of the number of people there that, you know, someone saw the opportunity to make some money on the side there. SKILLICORN: Yeah. So in the future, I guess, I'll be more proactive on that. And then on -- speaking of proactive, over the weekend I noticed a couple more locations where the signs that are glued on. I was just thinking I was going to go clean them up. But should I call your office and go, this is where it is? KRATZER: Councilmember Skillicorn, that's a good question. On some of those things, you know, it's usually at the discretion of the person. Things that are posted onto surfaces, you know, if it does require the town or town staff to come out and clean it up, or someone to come clean it up, we typically -- we talked about it a little bit at the last one. We like to stat and track where incidents are occurring. You know, that's not to say that, you know, we're now going to know where the people that are adhering posters to things are, but it at least gives us an idea and we can make sure and follow up with the town that that has been cleaned up appropriately. TOWN OF FOUNTAIN HILLS Page 15 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 15 of 71 So you know, I would say yeah, if it's not too much of an inconvenience for you and if, you know, it's not tagging or graffiti that makes the look of the town, you know, detrimental. It's kind of more of a discretion call by the person. But if you report it to us, we would take the report. We'd go and make sure the town followed up, the town staff, and cleaned it. MAYOR DICKEY: Well, one good message I think we got was we have security cameras in our parks. So remember that. KRATZER: And they're very good. MAYOR DICKEY: And thank you so much. KRATZER: All right. MAYOR DICKEY: Appreciate all your help. Our next item is Call to the Public. Do we have speaker cards? MENDENHALL: Yes, Mayor. We do. First, we'll start with a written comment from Caroline J. Morelli, and she -- you have that in front of you at your dais. She's speaking about homelessness. And then first up, we have Larry Meyers. MEYERS: Mayor, council, Town Manager Miller, staff. I'd like to speak tonight on my most not favorite topic, the detox industry, but more directly to the divisiveness surrounding the issue. On February 3rd, I emailed all councilmembers and Town Manager Miller, after John Wesley responded to my query after why the P&Z passed the commercial ordinance on January 9th, it has yet to show up on an agenda for discussion and possible action. Four councilmembers acknowledged my email. The Mayor and two others did not. The email was based all in fact. Facts after thousands of hours of research by citizens, discussions with legislators, legislative attorneys, as well as the heads of the very departments that oversee the industry for the state. Years, more than two, to be exact, worth of information. Town Manager Miller also courteously emailed me. Quote, the recommended commercial detox facility ordinance from P&Z was intended to be added to the council retreat agenda, so that the council would have more time to ask detailed questions about TOWN OF FOUNTAIN HILLS Page 16 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 16 of 71 the regulations prior to the ordinance coming back to the council for action. The council retreat has had similar P&Z topics before, so it's not out of the norm, unquote. Well, I don't find that to be true because I researched it back into the previous administration and delays of two months to get to the council retreat didn't seem to appear anywhere. So I would remind everybody that the retreat is two months after P&Z acted on this. More importantly, what questions could one possibly have that couldn't be asked in this forum immediately following the P&Z recommendation? Better yet, four of you have been sitting on this dais since the beginning of this issue. Why don't you know as much as the citizens and our P&Z right now? Why haven't you been doing your homework on such an important issue as it relates to the very soul of this town? I'm willing to wager that an overwhelming majority of town residents, while not wanting this use at all in town, at the very least expect the people they elect to protect them from some of the worst outcomes of this use in Fountain Hills. And to do it in a timely fashion, not years later. At its core, this is a land use issue and nothing more. The fact that three councilmembers choose not to acknowledge my email at all shows a disrespect for the voices of not just me, but a large segment of Fountain Hills residents and the town's own P&Z commissioners who stated at their meeting that they'd like to not see any more delays. So I'd like to see this on the agenda. I would thank you for your attention to this matter. MENDENHALL: Next is Crystal Cavanaugh. CAVANAUGH: Good evening. Commercial detox was a topic at the Town Council Retreat in February 2021. Like was stated, on January 9th, 2023, our Planning and Zoning Commission passed well-researched recommendations with regards to land usage in a commercial detox ordinance. Why is it that it was not put on the very next council agenda on January 17th? And why isn't it on tonight for an up and down [sic] vote? There is no benefit to the citizens and businesses to keep this vote from taking place as soon as possible. TOWN OF FOUNTAIN HILLS Page 17 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 17 of 71 Some do want to delay it until the retreat. For what possible purpose, as Larry asked? More discussion? How has this not been thoroughly discussed over the past two years by commissions and councils and staff and the public? Everyone on this dais should be well-versed on this topic by now and be fully aware of the current P&Z recommendations. It should also be noted that while the public can attend the retreat, there is no public comment during that meeting. I'm requesting that the detox ordinance be on the next council agenda on February 21st and passed exactly as submitted by the Planning and Zoning. It's very important that the town have this ordinance in our code, in order to be prepared when such a detox application is submitted. And another concern is that the Town Manager and the Mayor chose to use discretionary spending of almost $10,000 to hire a facilitator from the Social Prosperity Group for the upcoming council retreat. Who was looking out for the town when that contract was written? That facilitator who believes in such things as reparations for the sins of America is being paid $9,750, whether he ends up participating or not. After reviewing the contract, there is nothing about a cancellation clause or partial payment criteria to be found. He gets paid the full amount either way, if he's there or if he isn't. Pretty sweet deal for him. And approval from the rest of the council wasn't even needed. Was our Town Attorney even involved when this deal was made by our Town Manager and Mayor Dickey? Why was a facilitator needed at all for this retreat? And who will be held accountable for this waste of money? Because at the last meeting, the council majority voted to exclude approval of $30,000 for storage until further options could be investigated, and yet they were thrown under the bus inappropriately as being against wheelchairs. The $10,000 being paid to the unneeded facilitator and his courageous conversations could've been put towards the storage budget and then only $20,000 more would be needed. And why is the town even in the business of storing and loaning out medical equipment anyway? It seems that this might be a better project for a local service club or TOWN OF FOUNTAIN HILLS Page 18 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 18 of 71 charity organization. Thank you for your attention. MENDENHALL: Next, we have Liz Gildersleeve. GILDERSLEEVE: Good evening, all. I remember getting Mayor Dickey's shiny campaign postcards in the mail last summer with slogans like residents first and preserve smalltown character. Yet here we are, waiting for the commercial detox ordinance, as mentioned passed by the Planning and Zoning Commission on January 9th, to be placed on the Town Council agenda by Mayor Dickey and Town Manager Grady Miller. It should absolutely have been placed on tonight's agenda. Was leaving it off intentional? Or yet another oversight? Neither reason is a good reflection of the Mayor's and the Town Manager's leadership. Because residents haven't been speaking out about their concerns about the proliferation of sober homes and detox facilities in our small community for the last two years, you still don't understand the urgency? There are rumors that a detox facility might go into Four Peaks. Another rumor floating around is the possibility of a second detox facility off Shea, near the neighborhoods behind Target and that property deal just closed. The strong ordinance passed by the Planning and Zoning Commission on January 9th would finally put restrictions and safeguards in place and make our community less vulnerable to unintended consequences. Once again, the Mayor has not put residents first. Lastly, and completely off-topic, I want to thank Councilmember Skillicorn for taking the time at the last council meeting to shake the hands of the Stellar Students. Not sure why some of the liberal ladies in our community were so offended by this gesture and the audacity of Mr. Skillicorn in joining the photo. Can't everyone collectively celebrate our exceptional students? It was a bright spot and I hope it continues. Thank you. MAYOR DICKEY: I think I can respond, Aaron, a little bit to some of this. The detox idea of the zoning did come up in retreat a couple years ago and what we did was get a lot of very panicked people who didn't want us to talk about it anymore TOWN OF FOUNTAIN HILLS Page 19 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 19 of 71 because they felt that this was sort of an invitation, rather than a way of preempting or at least putting some zoning in that would, you know, make it so that we had a place for them to go and that it was limited somewhat, which I believe is what we'll come to. The idea of like delaying this is like -- it's not a thing. Nobody gave anything to either one of us, told us to put it on an agenda. It's just the process that we were going through. If you don't want us to do that, we can put it on the next agenda. This is -- and the idea of proliferation of sober living homes -- there were four sober living homes when I became mayor. There are four sober living homes right now. It has never changed. That was never a thing, either. So I just want to set that record straight and we can move on. Any other cards? MENDENHALL: Yes, Mayor. We have more. Dianne Price? PRICE: I'm Dianne Price. I have -- and I left my notes right there. I've been a resident of Fountain Hills for -- and I want to thank you all for all the hard work that you do to keep the Fountain Hills star shining. I'm going to take this opportunity to provide you with some information and I do this because this is the town and the people that I am very proud of. On February 1st, the Arizona Republic published a story with this headline: Fountain Hills' new conservative ideology tilts against local pragmatism. And as Warren Buffett said, it takes 20 years to build a reputation and it takes 5 minutes to ruin it. The Arizona Republic has a circulation of 130,000 print papers. It has an average of 11.4 million web visits a month. It has 430,000 followers on Twitter and say what you will about it being a left-leaning source, it did endorse George Bush and John McCain for the presidency. The article attracted seven pages of comments and I'm going to read some of those comments. These are not my words. These are the words of the people that commented. The first one is from a Charlene D. (ph.) and she said, this new ROT group is doubling down on their rhetoric, making the town less and less of a desirable place to TOWN OF FOUNTAIN HILLS Page 20 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 20 of 71 live. Property values will be affected when the street in front of your home crumbles and the parks fall into disrepair. The old, white, scared, angry, greedy, conservative voters of Fountain Hills have only themselves to blame. W.J. (ph.) wrote, it sounds like ROT is a fitting acronym for that pack. Michael P. (ph.) wrote, when you invite the devil into your house, don't be surprised when he makes a mess of things. Patrick M. (ph.) wrote, they are making some ridiculous decisions. Voters out there will come to regret their choices to elect people that wanted to fight culture wars instead of taking care of their town. Carla A. (ph.) wrote, a town that is too far right for even Joe Arpaio is absolutely frightening. Michael P. (ph.) wrote, one thing ideology can't change is math. The numbers speak for themselves, no matter how many rants are wrapped up around them. Good luck with your roads, Fountain Hills. Gregory R. (ph.) wrote, what a way to send your town on the road to ruin. Good luck maintaining your property values once you destroy the area with unkempt roads and signs everywhere. Paul S. (ph.) wrote, if Fountain Hills wants to vote to destroy itself, I ain't going to stand in the way. Maryann S. (ph.) wrote, wow, what a sad state of affairs in beautiful Fountain Hills. Sure glad I decided not to live there when I moved here. That's it. I hope you pay attention to what people are saying outside of us. Also know that the Arizona Republic is part of the USA Today network and when I visiting Des Moines last week, this article appeared in Des Moines, Iowa, also. MENDENHALL: Our next speaker is Amy Stokes. STOKES: Good evening. I am here to request oversight of the Building Department. I moved here in -- or bought a house here in March. I finally moved into my house after remodeling it in late December and the house next door to me has been under construction since I bought my house. And there have been -- I and multiple neighbors have inquired multiple times about the house next door and the apparent lack of oversight TOWN OF FOUNTAIN HILLS Page 21 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 21 of 71 there. Lately, the biggest issue for me as a homeowner is they have been piling debris on my property. And I have submitted requests to the -- you know, the online submittal form asking for it to be removed. I sent a complaint on the 26th of December, another one, I think, January 4th. And Jeff, the inspector, finally came out on January 6th and asked for the hay bales and cinder blocks to be removed. Not all of it was removed. There's still a big pile of sand about three feet in diameter from whenever they built their concrete wall. And I asked -- so that afternoon, I asked for that to be, you know, picked up. Another visit, to be able to come out and say hey, you didn't finish. And then they never did come back. I think I sent another complaint on January 16th, saying, you know, no one's come by. And then they piled another pile of hay bales and more cinder blocks on the corner of my property because evidently there's no oversight. And so I sent another complaint saying, please come. Evidently, you're not listening, you're not actually responding to these. And then on Saturday -- it had been a month since my original complaint -- I moved the hay bales and tried to get some of the hay bale off -- or sand off the corner of my property. The hale bales are in such -- like, they're rotting, so like when I moved them, they collapsed onto the street. The contractor saw me doing this, just watched me doing it. And the hay bales are still on the street because he hasn't gone to pick them up. And so I just really don't understand why we have an ordinance that says construction debris should be contained on your property, if we have a Building Department who doesn't actually oversee that. So I'm hoping that you can actually inquire with the people we are employing to see why they're not doing their job. MILLER: Yes, Ms. Stokes, I appreciate you reporting this issue. Mr. Wesley, who is our Development Services director, I will be talking to him first thing in the morning about this. I've taken down your information. STOKES: Okay. MILLER: Did you also put down a phone number on your Call to the Public? Is that TOWN OF FOUNTAIN HILLS Page 22 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 22 of 71 on -- STOKES: I did. MILLER: So I can follow up with you? MENDENHALL: Yes. STOKES: Yes. MILLER: Thank you for reporting this. And I'm sorry you've had to go through this period of time. STOKES: Thank you. MILLER: Thank you. MENDENHALL: And the last one is Gene Slechta. SLECHTA: Thank you, Mayor, council. My name's Gene Slechta. I live here in town. Roads, roads, roads. Our roads are falling apart. They're failing. We have a $100,000,000 problem and roads needs to be on every council agenda. I don't understand that. I attended a Budget Open House last night, which was very eye-opening. I enjoyed that. And not surprisingly, roads was a focal point. It suggested the severity of the problem, but leaves the resolution to the council, where it belongs. The Streets Committee was mentioned. The last time the citizens were provided an update on roads from the Streets Committee was October 18th. I watched the video. Every one of our 25,000 citizens should watch it. And roads needs to be on every council agenda. But I'm here to suggest that more urgency is needed. More ideas are needed. We need less focus on invocations, $20,000 lobbyists, or TikTok. In that October 18th presentation, we were told that 25 to 33 percent of our roads are failing, F. That means that those roads need to be rebuilt, not repaired. Roads have about a 30-year life. Most of our roads are over 40 years. We have 160 miles of road, so that means 40 to 53 miles of roads need to be rebuilt. Saguaro's four miles of rebuilt was $8,000,000. Simple math says that those failed roads today would cost between $80,000,000 and $100,000,000 to rebuild. But more bad news, the Streets Committee member told the council that the budgeted $2,500,000 annual amount spent on maintenance is woefully insufficient, so the cost will TOWN OF FOUNTAIN HILLS Page 23 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 23 of 71 escalate by millions every year. So we need lots of money that we don't have. We need more ideas, however. We need to start thinking outside the box or admit we need new revenue sources. The $8,000,000 CARES money is a down payment, not the silver bullet. Stop nibbling around the edge. And roads need to be on every council agenda. Here's an outside the box story for you. A decade ago, we had five trash haulers to choose from. That meant we had five trash trucks rolling down the streets instead of one. But a trash truck weighs as much as 15 to 20 times that of an automobile. Federal and other studies by road experts have calculated a single trash truck has an exponential impact on roads. That's equivalent of 2,000 cars. Our town staff calculated savings of millions of dollars in road repairs if we went to a single hauler. We realize those savings every day today. The council voted at that time four to three in favor of a single hauler. We had four heroes that day under great pressure, Mayor Schlum, Dennis Brown, Henry Leger, and Ginny Dickey were those heroes. Thank you. MENDENHALL: That's it for public comment. MAYOR DICKEY: Thank you, Linda. Our next item is our consent agenda. Does anybody want to take anything off or have a motion? GRZYBOWSKI: Move to approve. MAYOR DICKEY: Thank you. SKILLICORN: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. ALL: Aye. MAYOR DICKEY: It's unanimous. Our regular agenda item. Our first item is guidance and direction to staff on possible parameters for temporary sign regulations. We'll hear from John and then we'll see if we have any speaker cards. TOWN OF FOUNTAIN HILLS Page 24 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 24 of 71 WESLEY: Good evening -- excuse me. Good evening, Mayor and council. I've got a presentation to step through here this evening that I hope will help focus the discussion on learning what it is the council would like to see and I take this forward for modification after what we've had previously in the sign ordinance. So just a little bit of quick background. A couple of weeks ago, the council voted to repeal a couple sections of the sign ordinance and so to move forward with a new ordinance that would have the changes that the council feels is necessary, we'll need to go through a public hearing process, get a recommendation from the Planning and Zoning Commission. And so tonight I'm looking for again the basic direction from the council for what you would like to see, so we can focus those discussions going forward on what you think the concerns are. New regulations must be content neutral. We can regulate sign types, material, zoning, size and height, number, location, time, those kinds of placement or items. So with that, what are temporary signs? Typically, they are a material that's subject to deterioration. They are not typically permanently attached to the ground, the building or structure, and generally they're intended to serve a short-term purpose. Here are some of the sign types that are possible for consideration in the ordinance. Some of these are already in our ordinance or had been in the ordinance. Others haven't been. These are the types of things then when we talk about our sign regulations we focus on the types of signs, nothing about the message that's conveyed, but the form that they take. So again, one of the things we can talk about is the material the temporary signs would be made of. These are some things -- the first ones that are in the definition section. So they're still in the ordinance because they're in Section 601, but again as we talk about temporary signs it's possible we may see some need to amend some of this language in terms of the definition and what types of materials they're made of. And then we also had in Section 607 a statement about the durable materials and being properly maintained. When we look at the key provisions that go into making up a sign ordinance, I think it might be helpful to look at it in terms of a table along this line that lists the types TOWN OF FOUNTAIN HILLS Page 25 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 25 of 71 and then do we want them or not, and if so under what conditions. And so here, using what was in the code that was repealed and the sign types that were listed, is a summary. Again, this is not all the detail language that goes with each one, but it's the basic parameters that I think are key to then writing the rest of the code. So what I'd to do, what I think a way to focus the discussion this evening, Mayor, would be to go through each of these and for the council to give me some feedback on each type. And we can try it here with the first one, see if it works like I hope it does. But with A-frame signs, they were allowed previously. Do we want to continue allowing A- frame signs? Yes? I see some yesses. They were allowed in commercial and industrial zoning districts, but not in residential districts. Is that appropriate? I'm seeing some yesses. The maximum size allowed, six square feet, three feet tall, which is a fairly typical size for those types of signs. We allowed one per business. KALIVIANAKIS: I would request that go to two per business. WESLEY: Okay. We can look at that. Location? SKILLICORN: Mayor? I think we have a specific proposal. But you know some of the details of it, too, so -- WESLEY: Yeah. Yeah. I'm looking for direction, you know, from the council as a whole here, so you know, if there are any ideas to, you know, bring them up so we can discuss them and I can see, you know, again, if I'm getting direction from the council. MAYOR DICKEY: What's the idea of to -- if someone's on the corner or if it's hard to see in one place? SKILLICORN: Mayor, so I think the specific -- what we had discussed was similar maximum size, but if you have two there would be like a maximum size. So effectively, if you have two, you can't have two of the big ones. It'd be two of like the stepdown size, basically. You know, just opportunities for businesses to have exposure, but not have signs everywhere and then not have big signs everywhere, also. TOWN OF FOUNTAIN HILLS Page 26 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 26 of 71 GRZYBOWSKI: Okay, so if our size height is six/three, you're saying that it's divided by two, so that they can have two signs? I'm sorry, I was unable to follow. SKILLICORN: So I believe we discussed, but I'd have to check notes of the -- GRZYBOWSKI: Who is we? SKILLICORN: John, myself, and then we also had a meeting with Councilman Friedel. And this should be directed to the Mayor and councilwoman. So I think the specific we're thinking about is if it was two, it was eight feet versus six if it was a single. So they could do two smaller signs, or the one bigger sign. Is that helpful? WESLEY: Councilmember, if I may? My summary or recollection of that is there'd be a sign allowance, a total of eight square feet or whatever we come up with, and then you'd have one eight foot, or a six and a two, or a four and four, or whatever, as long as you didn't go over the maximum allowed. SKILLICORN: I think what -- because we were writing down some details and I think the idea of one it's six, but if two to eight, something like that. GRZYBOWSKI: I'm sorry, you don't have your notes with you from a conversation that you've had about something that the entire council is going to vote on? Is that what I understand? SKILLICORN: I don't believe we're -- I believe we're giving direction to John this evening. And we have quite a bit of -- we've done quite a bit of research and we have a pretty specific game plan that we're going to be presenting to John. GRZYBOWSKI: I thought that's what we were doing right now, was being specific and giving John a specific game plan. Did I miss out on something? SKILLICORN: No, I don't think you missed out on anything at all. KALIVIANAKIS: I guess the reason I would like to go to two A-frame signs is, for example, like down by Euro Pizza Café, they've got an entrance in the front and then they have an entrance in the lake, in the back. There's a gentleman down there that owns a yogurt store. He has put all of his life savings into that store. He works a fulltime job. He works there on Saturday and Sunday. He is trying to make a living here in Fountain TOWN OF FOUNTAIN HILLS Page 27 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 27 of 71 Hills with that yogurt shop. Him not having a sign in the front of his business and then in the rear of the business by the lake is hurting his business. And when he puts his signs up there, a compliance officer is going to tell him he's got to take them down. That's why I'd like to have two signs, two A-frame signs. I'll just put a little meat on the bones. MAYOR DICKEY: Can I ask a question, John? So are we talking about on their own property, correct? WESLEY: Oh, for the most part yes, Mayor. We'll get into some of the situations where they're allowed off the road. MAYOR DICKEY: So this isn't the right of way stuff? Okay. So would you entertain the idea that this is only something like -- it's confined in certain areas? Like, when we first did the first sign ordinance, we figured out some ways to compromise and to make things okay in the downtown area, that kind of thing. I mean, are you seeing a more widespread issue or is it more, you know, because that specifically -- that makes sense? KALIVIANAKIS: Yes. MAYOR DICKEY: And that's sort of what we did with Park Place, because we knew they really didn't have any right of way. So we said okay -- or they didn't have any property, so they said okay, you can put it on the sidewalk. So is there any wiggle room with this not being just across the board, everybody can have two A-frames eight feet? I mean, do you see that -- an area where this is more of an issue than another? TOTH: Sorry, Madam Mayor, if you wouldn't mind clarifying? I'm confused -- the reasoning behind -- I mean, same question, but why would we limit them to one? Does it hurt to allow everybody to have two? I don't see a reasoning to make that only downtown specific. What if somebody in the northern area of town has two entrances and wants two A-frames? I don't see a reason why to specify that and what the huge difference between one and two would be there. MAYOR DICKEY: I think, obviously, we went through the sign ordinance in a way to try to balance between allowing, you know, business-friendly, that whole phrase and aesthetics and sidewalks and safety and all of that stuff. So that's where we landed and unanimously voted and so I think that I would want to have one sign because I think two TOWN OF FOUNTAIN HILLS Page 28 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 28 of 71 signs in front of every single business is probably a lot. So I'm just asking if you've considered that this might be something that is more prone to work in one area over another. You know, it's up to you, obviously. KALIVIANAKIS: Yeah, I would be in agreement with that, if the businessowner can show a compelling reason why they would need two signs. That could either be written in the code or the zoning officers could be advised that in cases like my friend at the yogurt shop. I don't know how -- you'd be the one that would write the ordinance. It might be kind of difficult. But that's the kind of thing I think we have to make allowance for. Because there's a number of businesses in our town that are on the lake that do have front and rear egress and access. FRIEDEL: We -- MAYOR DICKEY: Councilmember. FRIEDEL: Thank you, Mayor. We also have a couple businesses along Parkview that are on a blind corner that also need a couple of signs. So if we can make allowance for those exceptions, I would be good with that as well. MAYOR DICKEY: Thank you. I think, John, it comes down to whether -- I mean, do they get permits for these? They don't, do they? WESLEY: Oh, Mayor, the current code, where we did make the allowance for them to be in the right of way in the town center area -- MAYOR DICKEY: Okay. WESLEY: -- it was that -- for those to go in the right of way, they would get permits. MAYOR DICKEY: Is the Parkview area -- okay. WESLEY: But the ones that stay on their private property don't require a permit. MAYOR DICKEY: Okay. Is the Parkview area considered that whole downtown area, too? WESLEY: So yes, I'd have to look back at that to be sure. MAYOR DICKEY: Okay. So we might -- WESLEY: I think we did both sides of the Avenue, yes. TOWN OF FOUNTAIN HILLS Page 29 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 29 of 71 MAYOR DICKEY: Could we have a provision just in general of people appealing anything? So say we said, okay, let's have two in the downtown area, even though there probably will be places that might be a little bit crowded. But say we could do that, and then if there's a business someplace else that has two entrances or is on a corner or has one of these things, that they could, you know, appeal for lack of a better word. Could that be put in here in general? WESLEY: Mayor, I'll say anything's possible. We've just got to come up with the right language for it and certainly willing to take a look at a variety of things. A comparison might be for permanent signage in the plat 208 area; because they have the front and the back, there's allowance for both sides for permanent signage. So we could look for a similar thing on the temporary signs and the A-frames. And again, I think -- MAYOR DICKEY: Well, that makes sense. I'm not -- WESLEY: -- there's some things about lot size we have to -- MAYOR DICKEY: I don't want to make things really hard on you. I mean, if something like that exists, but if not then maybe stores that are kind of small or concentrated wouldn't have two anyway because they'd be right next to each other. WESLEY: Okay. Anyway, we'd be glad to look along that line, see what we can kind up with. And then the last one along that line is the location. So this gets a little bit to one of your things you brought up, Mayor. So on lot is where they're typically required to be, except there was a provision in the town center for them to go on the right of way because there's some places that just don't have anything but in the right of way. And then also the weekend directional signs could be in the right of way. So that was an exception. MCMAHON: Could you please repeat that? I'm sorry. WESLEY: So for the A-frame signs -- MCMAHON: Yeah. WESLEY: -- they're required to be on lot, but the code allowed two exceptions. One was in the town center pedestrian area, where some businesses don't have any private property -- MCMAHON: Correct. TOWN OF FOUNTAIN HILLS Page 30 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 30 of 71 WESLEY: -- to put the sign on, so there they could go on the right of way. And the other is the weekend directionals, the open house, the garage sales. MCMAHON: Okay. WESLEY: Those could go on the right of way. MCMAHON: But those were limited. They weren't (indiscernible) the road. WESLEY: Right. On time. Yes. MCMAHON: I'm fine with keeping that. KALIVIANAKIS: If I could address the council and then Mr. Wesley? Before we had this meeting tonight, I was a little concerned. If we're going to go through the sign ordinance -- temporary sign ordinance line by line like we're doing right now, I anticipate that we'll all be having breakfast at Denny's tomorrow morning, because it's going to go on all night long. I would like to make a motion to move to postpone consideration of this temporary sign ordinance and possible direction of the sign ordinance until the Town Council Retreat on February 28th. At that time, we'll have a chance that we can meet with you individually to go over this and give you our concerns. And based on that, you can draft an ordinance. We can discuss it at the February retreat. At that point, it'll be put back on the agenda to go either to Planning and Zoning, or to Town Council, so we can have a public debate and have the people that see the end result and not how the sausage is being made tonight. So that's the motion I'd like to put on the table. TOTH: I'd like to second that motion and if I could, add a comment real quick. I'm not changing the motion, just providing my reason. I think that dealing with it all in one might be a little bit easier on the public. So I'd like to second that motion. I believe we do need to wait until we've heard speaker cards. Is that correct, Linda? MENDENHALL: We really only have one written comment. We have no speaker cards. MAYOR DICKEY: Oh, so we have it here already in front of us. MENDENHALL: Um-hum. Yes. MAYOR DICKEY: Okay. Thank you. TOWN OF FOUNTAIN HILLS Page 31 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 31 of 71 MENDENHALL: It's Liz Gildersleeve. SKILLICORN: Mayor, may I? MAYOR DICKEY: You know what? I don't think we're -- we're not allowed to debate a motion to table, are we? KALIVIANAKIS: It's not to -- SKILLICORN: Can I ask for an amendment? KALIVIANAKIS: -- it's not a motion to table. It's a motion to postpone. MAYOR DICKEY: You said table, yeah. KALIVIANAKIS: It's Robert's Rules of Order. MAYOR DICKEY: I think you said table, though. KALIVIANAKIS: No, I didn't. I specifically -- I have it written down right here. MAYOR DICKEY: Okay. TOTH: Yeah, I think it might have been me that said that, so -- my bad. KALIVIANAKIS: Oh, Hannah might've said it on the second. But on the first, I have this written down. I also have the provisions in Robert's Rules. The council doesn't make this -- SKILLICORN: Could we consider this as -- for a brief amendment? I would still like public notice for -- is it March 7th, P&Z? WESLEY: 13th. SKILLICORN: 13th. I still would love to include that in the motion. You know, if we have something ready to submit, I'd like to be able to, you know, be able to submit it on time. MAYOR DICKEY: I think I need help. Aaron, so if we had a motion to postpone, are -- we can amend that? Or not? ARNSON: I don't believe that motions to postpone are amendable. I think that it's probably fair to say that we wouldn't change the date of the public hearing. It's already been published. SKILLICORN: Okay. ARNSON: So -- WESLEY: It hadn't been published yet. It's due next week. ARNSON: Oh, due next week. TOWN OF FOUNTAIN HILLS Page 32 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 32 of 71 WESLEY: (Indiscernible) the anticipation, I'll draft it and get it ready for publishing. ARNSON: Okay. Thanks, John. MAYOR DICKEY: I still don't know if we can debate a motion to postpone. ARNSON: Well, I mean, maybe -- I'm not 100 percent sure, either, whether a motion to table versus a motion to postpone is debatable or whatever. SKILLICORN: Yeah. ARNSON: But maybe the -- maybe I can at least provide a little bit of direction. If you can't debate it, maybe I can at least provide a little bit of direction. I think the biggest concerns -- and John you can piggyback on this if you wish -- if the council wishes to postpone, that's fully within the council's purview to do so. You can go ahead and vote on that and we can postpone that to the retreat. The conversation's clearly going to have to happen at some time or another, and with respect to the turnaround between -- I just don't know John's capacity for -- I'm sure he's very capable. I just don't know in terms of timing between getting direction, which we may or not receive, between February 28th -- or at the February 28th meeting and time to implement those provisions for consideration at Planning and Zoning. So keep that in mind as you vote on a motion to postpone. MAYOR DICKEY: I think that you obviously have specific items that you've already looked at, so if you want to bring them to the 21st meeting, our council meeting, with the specifics of what you want to do and then he'll have them and then we can discuss them on the 21st. Because the retreat, we can't take any action. So -- KALIVIANAKIS: Right. That's -- excuse me. That's why I wanted to -- after the retreat to take it back to Town Council where we can take action and it will be properly noticed. MAYOR DICKEY: I was just thinking that since you have specific things in mind, if you want to get it all together by the 21st, we can actually vote on it. And make the changes there and vote on it. You know, if that's amenable to you. I mean, I'm fine leaving the sign ordinance exactly the way it is, so -- KALIVIANAKIS: Right. MAYOR DICKEY: -- you know how I'm going to say on all this stuff. Yeah, yeah, yeah. KALIVIANAKIS: Right. TOWN OF FOUNTAIN HILLS Page 33 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 33 of 71 MAYOR DICKEY: So -- but since you have items that you've already looked at, I think if we had those in front of us, like you obviously just had the eight foot and all that, bring that back to the next meeting. And we'll go through it and decide what we want to adopt and then we would be ready for the Planning and Zoning and then he'd have plenty of time -- GRZYBOWSKI: If I may, Mayor? MAYOR DICKEY: Yes, ma'am. GRZYBOWSKI: I kind of wish you guys had brought notes tonight. Please bring them next time because if you had a meeting and you have notes that you would like us to review, I know my memory's not as good as it used to, so please bring your notes so we can refer to your notes and actually discuss what it is you want to do, instead of what you think you wanted to do. I would truly appreciate that. KALIVIANAKIS: Actually -- FRIEDEL: Councilmember, we did suggest that, just so you're aware of that. That was suggested previously to this meeting today. GRZYBOWSKI: And it didn't happen. FRIEDEL: It didn't happen. KALIVIANAKIS: Yeah, I made the request myself. I sent the letter to Grady and to Mr. Wesley. I wanted to go through the notes in advance of today's meeting and they suggested that was not a good idea. Actually, I did call Mayor Dickey today. We were too busy to coordinate our conversations. We could've avoided this conversation tonight. I still think that we -- this is something that needs a thorough discussion and I do want the public to be a part of that discussion. That's why I thought maybe with the retreat -- I know it's not actionable -- MAYOR DICKEY: Well, they can't -- KALIVIANAKIS: -- but they can talk. But that's why if we brought it back to council, they would have kind of the rough draft of what we're looking at and then they could have input on what they like, what they don't like. And I think that's pretty responsible. MAYOR DICKEY: Grady? MILLER: Well, I just want to be clear. We heard about this at 7:30 last night, your TOWN OF FOUNTAIN HILLS Page 34 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 34 of 71 request, and I got back to you today. But this had already been on the agenda and already been, you know, noticed for tonight. I think if that's what the council wants to do, we'll do what the council wants to do here, if the majority want to have this at the retreat. But I do want to point out something that Mr. Wesley said, is that he has his plan to go before Planning and Zoning on March 13th. So I heard you, Councilmember Kalivianakis, that you're thinking of the retreat and then having one more meeting before the council to take action on what you guys talk about at the retreat on the sign ordinance. So the only concern is timing-wise, that's just -- it's not going to square up with the March 13th P&Z meeting. KALIVIANAKIS: I would certainly be amenable to having it go from the retreat to P&Z, back to council. MILLER: Even if it delays the Planning and Zoning, so it doesn't -- because March -- they only meet once, correct? For -- WESLEY: Once a month is their typical meeting times, yes. MILLER: Okay. KALIVIANAKIS: So we could bump it from the retreat to Planning and Zoning and back to the council? That sounds like a good plan to me. MILLER: Okay. I just -- when you emailed me earlier -- KALIVIANAKIS: Yeah. MILLER: -- I wasn't aware of one more time to come before council for action. Otherwise, I would've given you some suggestions on -- KALIVIANAKIS: Yeah, because I -- yeah, just for the public to be involved in the process. That's why I wanted to do that. MAYOR DICKEY: Okay. TOTH: Could I just quickly clarify? Are we saying that Brenda -- Brenda, if you wouldn't mind giving me a nod if I'm interpreting you correctly? And I said that through the Mayor, sorry. The meeting, our retreat, you want to discuss it. Our direction to town staff is to bring that straight to P&Z, so that it's on the March 13th agenda. And then after they've made their recommendation, then we see it again, correct? TOWN OF FOUNTAIN HILLS Page 35 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 35 of 71 KALIVIANAKIS: That's correct. TOTH: Okay. MAYOR DICKEY: Okay. So we're going to vote on postponing until the retreat, correct? KALIVIANAKIS: That's correct. That's what's on the floor. MAYOR DICKEY: Not to another meeting. I'm trying to avoid the retreat because it's going to be really long. But okay. So all those in favor of postponing until the retreat, please say aye. ALL: Aye. MAYOR DICKEY: Any opposed? It passes. Thank you. All right. Our next item is for the administrative policy for invocations at Town Council meetings. Do we have speaker cards on this item? MENDENHALL: We do not, Mayor. MAYOR DICKEY: Thank you. So let's see. Would this be Grady or Aaron, or -- UNIDENTIFIED SPEAKER: No. MAYOR DICKEY: -- for the invocation? ARNSON: Unless Grady wants to lead out, I'm happy to take this, Mayor. Mayor and council, you'll recall that at the January 3rd, 2023 regular meeting, the council voted to reinstate or to resume the invocations at regular council meetings. We've done so the last two times. Part of the discussion that we had during that meeting and during the previous meeting of January 17th was bringing back a policy to ensure that we have a process for fairly and appropriately scheduling and selecting individuals to offer the invocation. We had this item on the last January 17th agenda and it was tabled until tonight. It's back for your discussion this evening. I will make the council aware that we have a proposed policy in the packet. It's the same packet as last time. The only change that would necessarily need to be made would be the date at the top. TOWN OF FOUNTAIN HILLS Page 36 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 36 of 71 We have also received information, I believe they're available for you on the dais here, of two alternative policies from a couple of councilmembers that contain some similar language with some differences. So those are for your consideration as well. I will head off some of the discussion by saying that I have looked at all of the proposed policies and with respect to different processes for having the Manager's office or his designee handle it, et cetera, I'm fine with whatever process the council wants to put in place. I believe they comport with constitutional standards. It's ultimately going to be up to the council's discussion what you want to do. So we're recommending adoption of one of these policies, or some combination of one of these policies tonight. MAYOR DICKEY: Thank you. SKILLICORN: I see the couple different policies here. I would like to make a motion to approve the one that is -- it says adopted February 7th. Does everyone see that one? MAYOR DICKEY: January 17? SKILLICORN: No, I see adopted February 7, 2023. GRZYBOWSKI: I would like to have discussion before we vote, please. SKILLICORN: I think we should give people a moment to look over both, yes. GRZYBOWSKI: Also, I'd like to hear any public comment as well. MAYOR DICKEY: Oh. KALIVIANAKIS: Just a point of inquiry. The one on the top that says adopted February 7th, 2023, that was a draft that I had written and in collaboration with our Town Attorney. MCMAHON : It's not adopted. KALIVIANAKIS: Well, no. It would be if we voted it in today. And on January 17th, it said adopted January 17th. So it's exactly what our Town Attorney did on the last proposed draft. I literally took this from the Town Attorney's draft. MAYOR DICKEY: Yeah, I was looking at the old one. KALIVIANAKIS: No. It would -- because it would -- because that's exactly how Aaron wrote it last week. Because if we voted on it tonight and we adopted it, it would be adopted February 7th, 2023. TOWN OF FOUNTAIN HILLS Page 37 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 37 of 71 GRZYBOWSKI: It was how Aaron wrote his last meeting as well. I can confirm that. KALIVIANAKIS: Right. MCMAHON: I understand that, but -- I understand that, but this is changes to what he adopted. It's not what is adopted, or was adopted. That's my understanding, right? KALIVIANAKIS: Well, Aaron's wasn't adopted, either. ARNSON: Yeah. Mayor and council, I agree. MCMAHON: I'm trying to understand it. ARNSON: There was nothing -- nothing was adopted at the last council meeting. MCMAHON: Right. Thank you. KALIVIANAKIS: Now -- and who wrote the second one, may I inquire? ARNSON: I'm sorry. KALIVIANAKIS: There's a second draft from -- that somebody else wrote. ARNSON: Oh. I don't want to speak for her, but I believe that Councilmember McMahon was the one who (indiscernible) to that. MCMAHON: Yes, I -- may I speak, please? MAYOR DICKEY: Yes. MCMAHON: Thank you. MAYOR DICKEY: You're welcome. MCMAHON: I read Aaron's proposed general terms or terms for presentation of invocations. And I think that in looking at both Brenda and mine, I think it covers basically all of it with a few exceptions. I would like clarification in saying voluntary participation, no one will be required to stand and/or participate in any invocation. I would like the time limitation that we previously discussed to be put in it, an invocation shall be limited to one minute. And I think that the respect for diversity, I think that Aaron has that stated a little bit more concisely than what I put on it. But it's basically saying that we can't discriminate and it's diverse. You know, it has to be diverse. And also that, you know, it's a first come, first served basis. The council can't call. It's up to the person interested, is my understanding, to call and then that the Town Manager and/or his designee is going to keep a list and then have the people speak on the TOWN OF FOUNTAIN HILLS Page 38 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 38 of 71 dates acknowledged. Correct? ARNSON: Mayor and councilmember, sort of. So that's -- I think we're halfway there with that comment. MCMAHON: Okay. ARNSON: Yeah. So with respect to the way that at least the town's policy was proposed, the one that's in the packet, and then the February 7th policy that -- Brenda's policy -- was proposed, the council consistent with our prior practice -- excuse me, the Town Manager's office or his designee, consistent with our prior practice, was responsible for contacting individuals to give the invocation. My suggestion is going to be that to the extent there's an individual who calls and there's a vacancy, you know -- otherwise, how else would you get people who aren't affiliated with any faith group, right? If they have a substantial connection to Fountain Hills themselves, how would they be contacted ever by the Town Manager's office? So I think as long as we make for that provision, that process of the Manager's office being responsible for proactively scheduling is constitutionally permissible. It has been found to be permissible in other cases. If the council wanted to go in the direction of doing an exclusively individuals signing up, that's an option for the council to consider, too. But I'm comfortable with the Manager's office proactively soliciting invocations. MCMAHON: Okay. ARNSON: Did that answer the question? MCMAHON: Yes, thank you. Also, this is going to occur once a year, right? MAYOR DICKEY: Um-hum. MCMAHON: So we're going to say, once a year the Town Manager and/or his designee will keep a schedule of meeting dates for the following year on which the individuals can request an available date. And the database, this shall include known religious leaders and individuals who have requested to speak and with a reasonable connection to Fountain Hills. ARNSON: So my only comment to what you said, Mayor and councilwoman, my only correction or clarification to that would be that in the policy that's in the packet and in the TOWN OF FOUNTAIN HILLS Page 39 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 39 of 71 policy that Councilwoman Kalivianakis has put forward, there isn't any requirement that it be filled for an entire year. It's up to the Town Manager's -- MCMAHON: Okay. ARNSON: -- discretion as to how far in advance he fills that calendar. MCMAHON: Okay. All right. But it's going to be once a year that they take names and stuff or -- I mean, as far as start the list. Because if it's not completely full, then we're going to have a moment of silence. ARNSON: Well, if there's no one available to give the invocation -- MCMAHON: Right. Okay. ARNSON: -- we would have a moment of silence. MCMAHON: All right. So that needs to be in there, that if it isn't completely full, then if there's not going to be an invocation it's going to be a moment of silence or nothing at all, I guess. KALIVIANAKIS: Yeah, I think that's assumed by implication. MAYOR DICKEY: Sometimes people don't come. KALIVIANAKIS: Right. MCMAHON: Okay. MAYOR DICKEY: Are you okay with the minute part? MCMAHON: Yes. I'd like it to be a minute and I think that voluntary participation is really important. And I noticed in the other one that we received there's some discussion or some -- saying substantial connection to the town. Well, given what is written, I don't really think that substantial connection is going to be able to work because in what's said here, you're saying that they have to live here a year and have other requirements in order to be considered or to have an invocation. The majority or a lot of our residents don't live here a full year. They live here three months or six months or whatever. I don't think that -- I think that if there's a year requirement, meaning substantial, that that is -- you're going to alienate a lot of people and prevent people from being able to put their name in to have an invocation. And how do you enforce? How do you know they've been here a year? And in addition, there was another comment. Let me see if I can read it. That the TOWN OF FOUNTAIN HILLS Page 40 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 40 of 71 council -- let me find it -- that the council select as a default. But the council cannot make a selection. We have to be completely independent of selecting for the invocation and that's why it's going to be designated to the Town Manager and/or his designee. KALIVIANAKIS: I don't believe there's any recommendation by the Town Council to select anything. I don't know what you're reading. MCMAHON: I'm going to look at it. KALIVIANAKIS: It's obviously not my draft. Also, I would like to say that -- to address your first point, it's right in my draft that in the case of a representative or group or church group or congregation where the representative is not a town resident, or has not been a resident for at least one year, a substantial number of town residents must be members of the group or the congregation. And so the one year rule would not apply to somebody that was out of town that had a -- say it was pastor that lived in Scottsdale but had a church following here. As long as the -- a substantial number of town residents belong to that church, the person does not have a residency requirement or the year requirement. That's actually been addressed. MCMAHON: But how can you prove that they're a member of that congregation? What constitutes that? I mean, I just don't think that's something that is enforceable. KALIVIANAKIS: That would be up to town staff. MCMAHON: I don't think we have the staff to enforce that. And I stand corrected. The reference I was making is an organization may request to be placed on a list to deliver an invocation in a future Town Council meeting. Again, we don't take the requests. We can't take the requests. It has to be through the Town Manager and his designee. MAYOR DICKEY: Councilwoman? MCMAHON: So I don't think it's appropriate for someone to stand before the council and make a request when we already have a policy set up for how that's going to be. TOTH: Super quick. MAYOR DICKEY: Councilwoman? TOTH: Aaron, is that true? TOWN OF FOUNTAIN HILLS Page 41 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 41 of 71 ARNSON: So I think what we're talking about, or what I was saying was primarily, the Manager's office will be responsible for scheduling those meetings, right? If there's an opening on our calendar, is someone calls to offer it, then yes, we could entertain that person, assuming that they otherwise meet the requirements under this policy. Does that make sense? UNIDENTIFIED SPEAKER: Um-hum. TOTH: Yes. ARNSON: Okay. TOTH: So we would technically take requests, if we have the date open and someone says, I would like to do the invocation. And that way, we can take a request. ARNSON: Otherwise, I'm not sure how you ever reach somebody who's not affiliated with an organization here -- TOTH: Right. ARNSON: -- in town. KALIVIANAKIS: Yeah. TOTH: So thank you for that. ARNSON: Okay. All right. KALIVIANAKIS: I -- MCMAHON: It was my understanding that the council can't be involved in that. That was something that was stated last time. MAYOR DICKEY: They're not -- ARNSON: Right. And I don't think that that's what's being proposed tonight. I think -- TOTH: Not at all. ARNSON: I think -- MAYOR DICKEY: Excuse me. Councilwoman Grzybowski? GRZYBOWSKI: Any book club member will tell you that the written word can be interpreted in different ways by different people. Religion, prayer, and the Bible are no exception. For example, religion has started wars. Religion has caused divorce, family disagreements, and isolation. Our pastors in town don't even get along. Some of the same Fountain Hills residents that said they are in support of the invocation are the same ones that spoke out TOWN OF FOUNTAIN HILLS Page 42 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 42 of 71 against our sober living homes. Wars, isolation, and hypocrisy. None of that seems to be in line with what I remember from my Sunday school lessons on the life of Jesus. The Jesus that I remember learning about dined with and cared for the vulnerable. He cared for the weak and defenseless. He learned from them that he was open -- and he was openminded to learn from those that didn't follow his teachings. All religions have basically the same foundation, the Golden Rule, a lesson that we learned in kindergarten, treat others as you want to be treated. Allowing all religions to participate in the invocation will remind us of this dogma by bringing the unity with the commonality of our various religions. The First Amendment dictates that we not promote one religion over another. So we're going to get around this by suggesting that they have to have a connection based on a certain time length and a substantial number of residents need to be members? Are we checking their voter registration, an electric bill, a driver's license? Are we asking them to register their religion? These requirements are excessive and make us look like we're only seeking input from certain religions that we deem acceptable. Also, I think we need to add a three-minute invocation time limit, just like the public comment. There was a meeting in 2019, I think, where the pastor gave a sermon rather than a prayer. It lasted about 20 minutes. I think it was in the Community Center, back in 2019. Also, for the record, if we're going to put in a one year time limit, I'm going to tell you I want it on the public record that these religions are represented in Fountain Hills by people that have lived here for over a year. Not only Christians and atheists, but we've got Baha'i, Buddhist, Dudeism, Flying Spaghetti Monster, Hindu, Jehovah's Witness, Jewish, Mormon, Muslim, Native Americans, Satanic Temple, Unitarian, Universal Life Church, and Wiccan. Thank you. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Just to address one of Peggy's concerns, my draft is actually more inclusive because not only does it invite the town to invite members to speak, but it also leaves the TOWN OF FOUNTAIN HILLS Page 43 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 43 of 71 other people that would like to speak an opportunity to speak. And so it's allowing the public to approach us, like Aaron said. If there's a filling, if there's an opening, this draft would allow them to fill this spot. And so I think it's allowing more people to speak, not less. And I think that's smart. As far as Ms. Grzybowski is concerned, I think a three-minute rule would -- I would confer with that and I think that's a good idea. I agree with Sharron. MCMAHON: I thought we already agreed on a one-minute. MAYOR DICKEY: We didn't agree on a number. KALIVIANAKIS: No. UNIDENTIFIED SPEAKER: No. MCMAHON: That's fine. MAYOR DICKEY: Councilwoman Toth? TOTH: Thank you. I would also concur on the three-minute. I think it's fair to keep it the same as the public comment. So thank you for that. That would be my one amendment to this. I like your draft, Brenda. Good job. The line that says, the town will not prohibit an organization from offering an invocation based on the content of the invocation or based on affiliation or non-affiliation with any religion or faith group or organization. That puts it -- I mean, we already are aware of the fact that constitutionally we are unable to specify a religion and that was never an intention, but I appreciate that we've solidified that language in this ordinance, which I don't believe is included in a lot of -- KALIVIANAKIS: Right. TOTH: -- other municipalities. So that's my comment. Ding-dong, Brenda. Good job. KALIVIANAKIS: Yeah. Thank you very much. Yeah, this would be a novel -- this wasn't taken from another town. This was written by myself. Of course, the boilerplate was all -- what everybody else uses. And so I think that's very important. And just again to go back to Vice Mayor McMahon, her concerns of nondiscrimination I think are very good concerns and if you can read -- you can't read, but one of the headings here is policy of nondiscrimination. And so that was actually TOWN OF FOUNTAIN HILLS Page 44 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 44 of 71 included in my draft. And if that's your concern, that is the new draft policy. MCMAHON: I still have problems with the last paragraph. I don't think there should be a year requirement. I just don't know how we're going to police that. I don't think that -- I think that -- it was my understanding that if people wanted to have an invocation, they can send an email or call in. I didn't think we would have anything to do with that, to avoid violation of the Constitution. I would like to have in there the voluntary participation and it was my understanding that when Hannah and I were talking about it, I said a year, she said a year and a half. I mean, a minute and she said a minute and a half. I think a minute like we were shown tonight is more than sufficient for an invocation. This is a council meeting. It's not a church. And please don't take offense to that. But I think a minute is more than enough. It was very eloquent tonight. It was very well-said and it was directed to the council, as it's supposed to be. So a minute is sufficient. MAYOR DICKEY: Councilman? FRIEDEL: Who's going to police that? Are you going to pull your watch out and start kicking people out of here -- MCMAHON: Yeah. It's called red hand. FRIEDEL: -- if they're a minute and ten seconds? UNIDENTIFIED SPEAKER: No. FRIEDEL: No. I think at least two minutes, but I'm okay with three. MCMAHON: Who's going to police three minutes, then? FRIEDEL: The red lights. You just said so. MCMAHON: Well, it's the same thing with a minute. What -- MAYOR DICKEY: Councilwoman Toth? TOTH: I'm sorry. With the only amendment of creating a three-minute time limit, I would like to -- considering this, move to approve the draft that Brenda Kalivianakis submitted. SKILLICORN: Second. MCMAHON: I don't think we're done discussing it and I -- MAYOR DICKEY: Oh, we have -- now we have -- oh. MENDENHALL: We do have a speaker card left. TOWN OF FOUNTAIN HILLS Page 45 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 45 of 71 MCMAHON: You know, I wasn't done. I'm not done discussing it. I've gotten no response to what I was saying about the fact that a year is required, about what does substantial mean. I mean, how are you going to police people being in a congregation, et cetera? I just don't think that's our job and I just don't think it's going to work. I mean, I don't think it's realistic. And it wasn't in Aaron's. There's no definition of substantial. I think it's -- GRZYBOWSKI: If I can make the recommendation? If we want a year in there as a council, then we ask the person, how long have you been here? They tell you a year, we trust them. That's what I feel like we need to do. MCMAHON: So if I'm here for six months as a snowbird, I can't give an invocation? And I have a -- I'm a stakeholder. I own property and I pay taxes. So that's what I'm saying, that I don't -- GRZYBOWSKI: I have a property for at least a year, even if I only live here for six months. UNIDENTIFIED SPEAKER: Yeah. MCMAHON: Yeah. I just don't think that a year is definitive. MAYOR DICKEY: So we have a motion and -- UNIDENTIFIED SPEAKER: A second. MAYOR DICKEY: -- and a second. I'd like to make -- I'd like to discuss something, but I guess I -- do I have to make an amendment? I don't really -- I just wanted to bring -- put something -- ARNSON: No. MAYOR DICKEY: -- out there, that if somebody requests that they can't do like a slate, like they can't say, here's five names, you know? So it's got to be individual. That's -- and I'm okay with substantial connection. I kind of wish we didn't have the year thing in there. And I really think three minutes is kind of a lot for every meeting, but -- So I would like to amend it that there's no slates, that -- take out the one year, and make it two minutes. MCMAHON: And I would also like to add to that. MAYOR DICKEY: Well, could you -- yeah. TOWN OF FOUNTAIN HILLS Page 46 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 46 of 71 MCMAHON: And add the voluntary participation -- SKILLICORN: Could you put your microphone on, please? MAYOR DICKEY: You have to second it, maybe. MCMAHON: That voluntary participation, no one will be required to stand or participate in any invocation. FRIEDEL: I think people can make their own choice for whether they sit or stand and we've seen that already. Secondly, Mayor, to your point about a slate. There are a group of pastors that are together in this town, and if they decide to get together and submit a list of four or five people that want to do the invocation, I think it's a lot easier on our town staff that's going to be handling that to let them go ahead and do that. I don't see a problem with that. You call it a slate. I don't know if that's the right word that I would use. But anyway, there's a group of pastors in this town that get together and I don't see any problem with that. That's just my two cents. MCMAHON: That is a problem. MAYOR DICKEY: Councilwoman -- excuse me -- MCMAHON: Because they're combined together and they can be seen as our dictating that Christian values or a single religion is filling up the dates. And that was discussed before and why we said individually they had to call in, because we have to be careful and not having it look like it's dictated to us. MAYOR DICKEY: Councilman, I would appreciate that because I think that it should be a fair process for everybody. So if there's an individual, they don't have four or five others that they can, you know -- this would make it a fair playing field so that -- FRIEDEL: And let me just correct one thing. They're not calling in. I thought it was the Town Manager or his designee that was going to contact them. MAYOR DICKEY: I think it's both, because we said if somebody contacted us and -- FRIEDEL: If there was an opening? MAYOR DICKEY: Right. So again, to just be completely fair -- following the law is doing things to all of us that we don't like, one way or the other. But we're following the law. And if we are going to be fair and take these phrases as they are -- an individual or an organization of any faith or no faith -- then we have to be fair on how we receive that. TOWN OF FOUNTAIN HILLS Page 47 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 47 of 71 So whether it's us contacting them, we can't contact somebody and fill it in with five people. We contact one person. We contact another person. Somebody contacts us. KALIVIANAKIS: Just to -- MAYOR DICKEY: I don't think we should allow five or six in one request. Let's put it that way. KALIVIANAKIS: Just to address that concern, Ms. Mayor, I don't think we have to codify your concern in this draft. I think the draft does what the draft is supposed to do. But I think administratively that you can give guidance to the Town Manager that we don't want to accept slates, that we're going to reach out to individuals. So I think that it can just be done administratively without being codified. MAYOR DICKEY: Well, I might've thought that, except that I just heard that I think that's what you want to do. So I don't know. I mean, we were all -- we all got emails that were filled in with five or six names and was basically insisting we did those five or six names in a row, the way that it was presented to us. That's exactly what I don't think we should be doing. UNIDENTIFIED SPEAKER: Right. MAYOR DICKEY: I want it to just be a fair way of giving everybody the same opportunity to do this. MCMAHON: Yeah. First come, first served basis. That's part of it. MAYOR DICKEY: But again, to your point, I think if the intention is being mentioned here -- but I think it's very important that we do it one person at a time. KALIVIANAKIS: Yeah, and I think that could be directed to town staff and I think that's a reasonable request. ARNSON: So we have the main -- if I can -- sorry, if I may interject, Mayor? MAYOR DICKEY: (Indiscernible). ARNSON: So just to clarify for everybody where we're at right now, and I know that we still have a public comment. So I don't know, Mayor, if you want to take the comment now and then address -- MAYOR DICKEY: Okay. ARNSON: -- address the motions that are on the floor. We also don't have a second for the amendment yet, so we can come back to that. TOWN OF FOUNTAIN HILLS Page 48 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 48 of 71 MAYOR DICKEY: Yeah, then we can do that. ARNSON: Okay. MENDENHALL: Crystal Cavanaugh? CAVANAUGH: Councilwoman McMahon, you're going to be really surprised. I'm actually in agreement with you. I, too, feel it should only be a minute. And I may be contradicting some people that I often agree with up here. It was a moment of silence. It was a minute. I think it should be that now. So I was really surprised when Sharron brought up three minutes. You're right. This isn't a church. And it should be a positive invocation or prayer or some positive message. I honestly feel it needs to have a Fountain Hills organization calling in with some representative giving the invocation. I feel like this is getting made way too big a deal out of. So we have two council meetings a month approximately. You have 12 months out of the year. That's 24 scheduling opportunities. I don't think that's going to overwhelm the staff. And then if it goes into a year and a half, fine. When you're talking snowbirds here for six months, that you lose me on, because it needs to be an organization based in Fountain Hills. I know the big thing is we don't want a Satanist. I don't know this Flying Spaghetti church you're talking about, either, Sharron. And I don't think we have a Satanic Temple here in Fountain Hills. And that is why I do think it needs to be an organization. However, I'm going to disagree with you on something here. I don't care what anybody in the audience does, stand, look around, not pay attention -- I don't care. But I feel out of respect every councilmember should be standing quietly. You don't have to bow your head. You don't have to close your eyes. But you shouldn't be shuffling papers and bending around or walking around the dais. That I do find offensive. It's just a lack of respect, period. And so I think I've pretty much covered all the things that were important to me and I actually heard. But that's all. I just don't want it to be like certain groups can sabotage this by sending in like six names all at once and one's Flying Spaghetti and one's Satanic and one's -- or your worry, Christian, Christian, Christian -- who cares if it's Christian? TOWN OF FOUNTAIN HILLS Page 49 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 49 of 71 And I'm going to tell you what, I don't even care if you have a Satanic speaker. I'm not going to fall into their clutches just because someone speaks words for under 60 seconds, okay? So that's all I'm going to say. Common sense. MENDENHALL: We received another comment card. Ted Blank? BLANK: Good evening, Mayor and council. My comment has to do with the first come, first served. I believe that that sets up a race condition which can make it very difficult for any group that isn't savvy with emails and so on, and it puts a difficult situation on -- a burden on the Town Manager to look up timestamps and so on. So as a statistician, my suggestion would be that you come up with a procedure where the Town Manager collects all the requests for an entire year and then you select randomly from those requests for the upcoming year, so that there won't be a race condition that causes people to feel like if they're first in line they can stack the entire year with their comments. So that would be my suggestion, would be to collect all the requests for the upcoming year, select them randomly. There will be more requests than there are opportunities, of course, but the random selection would allow there to be no possible way for someone to stack the deck with a slate or anything else like that. Thank you. KALIVIANAKIS: Thank you, Ms. Mayor. Just to comment on the time, the one versus three minutes. I think in a way we're kind of conflating our letters to the editor, to the Fountain Hills Times, or our speaker cards. You know, they give you three minutes and boy, they go three minutes and ten seconds, okay? When you write a letter to the editor, it's going to be 299 words because they limit it to 300 words. I don't think somebody giving an invocation's going to try to hit that three-minute mark. I think they're just going to give a respectful invocation and not -- the clock is not going to be a concern. On the other hand, in respect for the Vice Mayor and respect for Sharron, I would be more than willing to go with -- split the baby, so to speak, to go two minutes. And I think maybe that we could all be happy with that. MAYOR DICKEY: So Aaron, I didn't get a second -- Aaron, I'll make it easy on you. I TOWN OF FOUNTAIN HILLS Page 50 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 50 of 71 didn't get a second and if they go to the two minutes and we already talked about the slate stuff, then I'm good. ARNSON: So Mayor, are you withdrawing your amendment? MAYOR DICKEY: So don't worry about my amendment. ARNSON: Thank you. Okay. MAYOR DICKEY: So what did we say? TOTH: Second. UNIDENTIFIED SPEAKERS: (Indiscernible). MAYOR DICKEY: Yeah, we don't even have a motion. ARNSON: So on the table, we have a pending motion that has been seconded already, like 10 or 15 minutes ago, to vote for the -- MILLER: Proposed. ARNSON: -- the proposed version that Councilmember Kalivianakis provided with now assuming that Councilmember Toth is okay with that. TOTH: Yeah, can I agree with that amendment and just -- ARNSON: That Toth is okay with that. Yes, that you can agree with the two-minute provision -- SKILLICORN: Then I will amend my second. ARNSON: Oh, I'm sorry. I don't know who -- you seconded it. I'm sorry, Councilmember. And is that it? UNIDENTIFIED SPEAKER: No. ARNSON: As far as I'm concerned, I guess. MILLER: I think that's a wrap. ARNSON: Sorry, if there was something else? MCMAHON: Yes. ARNSON: Yeah. MCMAHON: I'm requesting to have a voluntary participation. No one will be required to stand or participate in any invocation, because sometimes people can be intimidated by it and not know what to do, but not -- and I just think it's important that people know that they have the freedom to stand, sit, or whatever and it's part of our policy. MAYOR DICKEY: What if I say what I usually do, which is, you know, if you -- what TOWN OF FOUNTAIN HILLS Page 51 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 51 of 71 do I say? I say -- I know I say something like, you know, if you care -- if you would like to join us, please stand for the pledge and the invocation. If I say that every time? UNIDENTIFIED SPEAKER: Um-hum. MAYOR DICKEY: Okay. GRZYBOWSKI: I don't feel like we need to put it in the policy, because I'm going to tell you, your average attendee probably would not read the policy. Shake your head -- am I right, people? Would you not read the policy before you came? That's kind of what I figured. So I don't see that we need to put that in the policy. I am concerned that brick and mortar in town was discussed, so I hope we're not considering that. Because we have a whole lot of religions that are represented here that go to church out of town. So I don't -- I disagree that it needs to be local. Sorry, Crystal. MAYOR DICKEY: Did you have brick and mortar on this -- what you wrote up, Brenda? I don't think you did. Okay. Okay. Okay. Okay, we have a motion and a second, and I think a lot of discussion that'll help with putting this in place. SKILLICORN: Can I request a roll call? MAYOR DICKEY: Oh, sure. We have a motion and a second. All those in -- oops, we'll do a roll call. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Vice Mayor McMahon? TOWN OF FOUNTAIN HILLS Page 52 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 52 of 71 MCMAHON: Nay. MENDENHALL: Nay. Mayor Dickey? MAYOR DICKEY: Aye. Thank you, everyone. It's hard to get through this. Our next item is Community Center storage pods. Grady? MILLER: Yes, Mayor and council, at the last council meeting we had an item on the agenda that our Finance Director, David Pock, presented. It had to do with budget transfers. These were routine budget transfers. During the discussion of that particular item, there were some councilmembers who had questions about the intended use of the transfer monies for the Community Services Department that were going for two temperature controlled storage pods that would be used for the Community Center. Our Deputy Town Manager and Community Services Director, Rachael Goodwin, will give you a report on this. We've had some change since the last time this was before the council and that's why it's before you tonight. So with that, I'll turn it over to Ms. Goodwin. GOODWIN: Thank you. Mayor and council, thank you for having me back. I apologize, I'm a little scratchy tonight. If you can't hear me, I will do my best to speak up. I have learned a lot about storage pods in the last two weeks. There has been a lot, a lot of digging. You have a brief background in your packet, but I thought I would review quickly what the storage pods are for. I'd like to also pause and thank a number of council who reached out to understand, to take tours, to see firsthand what the storage was for. So thank you for your time. Quickly, the proposal before you is primarily to store our medical equipment that is part of our medical equipment loaner program. The town has run the program since 2018. Previously, it was run by a church here in town. They just exceeded their TOWN OF FOUNTAIN HILLS Page 53 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 53 of 71 capacity. They could not store it, nor could they facilitate the hours when folks could come and access the pieces. It was taken over at the urging -- by the town. Keep in mind that we do not rent. We do not charge for the items. We lend out more than a hundred pieces annually. Currently, we have about 45 pieces out. In fact, we even lent out a piece this weekend, so someone could access the car show. So I think that that is very telling to show how many people do use this resource in our community. The program also serves all. It's impartial and it's not dependent on income, age, race, culture, religion. I like to say it serves the little boy that, you know, turned his ankle on the basketball court and it also serves great-grandma when she needs to come to graduation. It runs the gamut. So it is a well-used program. In addition, we have some other storage challenges. I call it our seasonal storage. It's a lot of Christmas stuff. If you've been in the Community Center at Christmastime, we have dozens upon dozens of trees. We store about ten of those plus the large 24-foot tree, all the décor items that go with that. But it's more than that. It's our Make a Difference Day supplies. It's our Home Delivered Meals supplies. It's our Autumn Harvest, our Sock Hop, our ping-pong tables. It's a lot of stuff. So staff was asked to look into a number of storage options, which we did. Before you tonight is what I call our most aggressive path. It's two storage pods. It's two temperature-controlled storage pods 20 foot each. They are insulated. What we are finding is that they have increased in price. We originally priced this out back in the fall. The pricing is going up and that is really contributed from two factors; one, storage units are really popular in the tiny house movement; secondly, they are also very popular for temporary housing as communities face the housing shortage. That being said, we are working to evaluate alternate options, including retrofitting or modifying one existing storage structure that we do have. I want to thank our Public Works and our Facilities folks for meeting onsite, really brainstorming options and throwing out ways that we can be logical and fiscally pragmatic. So I think that that was the charge from council and I'd like to say that I'm very impressed with our staff taking that very to heart. So the request before you tonight is an approval of a budget not to exceed $30,000, which allows staff to continue to explore all avenues and develop a storage TOWN OF FOUNTAIN HILLS Page 54 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 54 of 71 solution that meets the needs of our programs, as well as preserves our limited fiscal resources. With that, I'm happy to answer any questions. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. Director, so just a quick question. We're currently using the shed to store the things and really it's the issue of the summertime and we have a little bit more material to store over the summertime because it's not used quite as much. You know, if we delayed this, if we decided not to approve this, it doesn't end the program, right? GOODWIN: Correct. There's no intention to end the program. SKILLICORN: So even if -- yeah, if we voted no, it wouldn't end the program. And I thank you for -- I do see the invoices here. Would this be quantity two of these two invoices, or -- GOODWIN: No. That represents one storage unit, just to give you like a direct quote. That is uninsulated. That is a storage unit with an air conditioning and that's it. Any additional add-ons including insulation, including a doorway, are all upwards of that number. So it's not inexpensive, which is why I do believe, like I said, us looking into alternative options including retrofitting a piece that we do have to supplement one of these may be our best bet forward. SKILLICORN: Um-hum. Um-hum. Okay. And then just a tiny bit of research I've done, I've actually found there's a gentleman in town that repairs this equipment, like mostly wheelchairs. And he actually runs it out of his garage on the north side of town. So it was kind of funny that, you know, there's someone already kind of doing this and he does it on kind of his own. But he's operating out of a one-car garage, kind of like we are in a sense. GOODWIN: Sure. SKILLICORN: And I did, you know, reach out to the school district and someone on the school board. You know, they did mention there's vacant space. I do kind of still wonder about, you know, transporting half of it to the school district in the summertime and half of it back in the fall. I mean, a volunteer could do that. Even I could do that. It seems to TOWN OF FOUNTAIN HILLS Page 55 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 55 of 71 be a workable solution. But that's all. GOODWIN: Great. MAYOR DICKEY: It looked like you were going to -- GRZYBOWSKI: I was going to press the button. I just was making sure you weren't talking to Hannah. I know I saw online somebody was questioning, let's evaluate this for a year and you can come back. I'm under the impression you've had the storage unit -- I know almost since as long as I've known you, like 2019 or 2018. So we've basically already evaluated it and confirmed that it is a necessity that we have the storage. I know firsthand from visiting often that you get requests almost daily, so they're out there in the storage shed nearly daily, grabbing whatever it is that they need. And I also know you guys are bursting out at the seams and we can't just use one of your current classrooms to store these things. GOODWIN: That would not be -- it would not be advisable in that it would take one of our classrooms offline. With trying to serve our community and make sure that we have space available for all of our programs and rentals and meeting groups and what not, that would really disrupt that availability. MAYOR DICKEY: Councilman? FRIEDEL: Rachael, thanks for all the work. We've had several conversations about this and we -- I just wanted our residents to know that we are really digging down to find the best possible solution and save the most amount of money, and Rachael and her group have done a good job. So I think it's possible that -- if we can work out, like Allen had suggested, something with the school to store long-term stuff up there. The stuff we need by the minute, hour, and day, it's impossible. We don't have the staff to be running around for that. So I like that idea, Councilman Skillicorn. If that does comes to fruition, maybe we can explore that. It would help the school district out. It would help us out. But if we could do this with one storage unit and a retro fit and come in under budget, I think we give her the ability to explore that and so I'm a yes on this, so at some point I'll make a motion if we need it. MCMAHON: I'd like to make the motion. TOWN OF FOUNTAIN HILLS Page 56 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 56 of 71 MAYOR DICKEY: I forgot to ask if there were any speaker cards, sorry. MCMAHON: Yeah, there are. MENDENHALL: Yes. We actually have some speaker cards and comment cards. At your station, you should have a comment from Stephanie Czopp. And then we have one from Jack Gramm and one from Liz Gildersleeve. And then we have two in-person comments. MAYOR DICKEY: Thank you. MENDENHALL: The first is Rick Watts. WATTS: Good evening, Mayor, council. First, I'm really glad I picked this topic and not one of the other ones tonight. Second, I am a proponent of the program and the program does a world of good for a lot of people that are in a lot of need. But I do question the necessity of having it climate-controlled. I didn't see anywhere where any of the manufacturers were contacted about the temperature range that the equipment has to be kept within. I think that some of the deterioration that occurs is more wear and tear, as opposed to temperature-related. So I would ask that we consider that. And I would also consider it from the standpoint of humidity control. That's probably more important than actual temperature control. You'll see that most of the equipment that is battery-operated has a wide range of application where it can operate. Following that, are we anticipating the total cost of ownership over the life of the pods themselves? You factor in maintenance costs, repair costs, ongoing utility costs, all of those components that are again attributable to the temperature component that I really don't think is a necessity. I think what you'll find in town is that most of the storage facilities are not climate-controlled and there's not a negative impact on the equipment that's stored there. If it's a comfort consideration and if there was long-term involvement, if staff was down there for an hour or two a day getting what they needed to get, but it sounds more like it's an in and out type of a situation where comfort is not necessarily the primary responsibility or the primary criteria. So I think those things I would ask you to consider, take into consideration before approving or moving forward with the climate control. I don't think we have an extreme situation. I think that the term extreme -- if you're out working in the environment, you TOWN OF FOUNTAIN HILLS Page 57 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 57 of 71 get used to it. So it's not necessarily extreme and I would ask that we look at the manufacturer's recommendation for operating parameters. Thank you. MENDENHALL: And we have one more speaker card, but they're electing to comment in writing that they're for the purchase of the storage pods. MAYOR DICKEY: Thank you. Any further questions, discussion? FRIEDEL: Rachael, I did ask you about maintenance. Would you like to cover that? GOODWIN: You did. One of the questions was the operation of the air conditioning unit. Obviously, that is seasonal and ideally, the unit would -- and I'd like to say, we've been definitely working towards making sure that we are within the manufacturer's operations. We've been talking with Justin (ph.) about what is a reasonable temperature in the dead of summer when it's 120 outside. Maintaining probably mid to upper 80's, probably an 85 degree temperature is the ideal situation, so that it's not getting so hot that things are melting, splitting, cracking, sticky, is really the answer here. But the operation is pretty nominal. The maintenance, thankfully, is very low as well. These are storage pods. These are units that are used for shipping. They're airtight. They're watertight. They come painted and sealed. If we would need to do long-term painting, if we would need to repaint in say, I don't know, eight to ten years because of just rust or wear and tear, I imagine that would be relatively nominal as well. They're not for aesthetics, by any means. They're not out front. They are tucked behind the Community Center. It's really about function and not the, you know, the beauty of each piece, so to speak. So the additional cost that would be associated with this would be to run the electrical that would be needed to operate the cooling units. We've been working with Justin to see how we can make that happen in-house and we believe that there's sufficient access back behind the Community Center to do that. FRIEDEL: And the painting can be in-house as well, right? GOODWIN: I would think. MCMAHON: Thank you. TOWN OF FOUNTAIN HILLS Page 58 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 58 of 71 If we're done with discussion, I'd like to make a motion. MAYOR DICKEY: Okay. KALIVIANAKIS: I just have one more thing to discuss before the motion, please. MAYOR DICKEY: Okay. KALIVIANAKIS: Thank you. Yeah, I just wanted to say my support for this expenditure. This first came to my knowledge when I was in the Leadership Academy way back when and we did the tour. And I wasn't on the Town Council then, I was just a regular person. And your staff had addressed this issue back then. They said, look at this big building and look at this small storage area we have. And everyone thinks it's a huge building and they should have a big storage area. They don't. And if we don't help them with storage, then we're going to have to start closing down rooms that are usable right now for mahjong or whatever, you know, they basically allow the seniors use during the daytime. I think that'd be a terrible thing. And so -- you know, based on our vote last two, three weeks ago, I did do the tour with you. We looked at it. We eyeballed it. You discussed what the needs were. I talked to other staff that had been in the Community Center for years and they're like, we really need this, Brenda. We really need this. And so based on that, I changed my mind. And I just want to say, I'm very much in support of this. MCMAHON: I move to approve a budget transfer not to exceed $30,000 for the purchase and installation of two storage pods, finally. KALIVIANAKIS: I'll second. MAYOR DICKEY: Thank you. All in favor, please say aye. UNIDENTIFIED SPEAKERS: Aye. MAYOR DICKEY: Any opposed? SKILLICORN: Nay. GOODWIN: Thank you. MAYOR DICKEY: Thank you. Our last action item is relating to the League of Cities and Towns Legislative TOWN OF FOUNTAIN HILLS Page 59 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 59 of 71 Bulletins. Grady, did you want to kick it off? MILLER: Yes. So Mayor and council, in your packet we have the Legislative Bulletin that is published by the League of Arizona Cities and Towns. And we also had a number of councilmembers, I recognized the Mayor and some staff people, who were in on the legislative call that we had this week as well. And I just have a few, if you don't mind, that I'm going to just cover and then we've talked about some of the other ones as well. But one that I thought was noteworthy was House Bill 2418. This has to do with law enforcement response times. This would be basically an unfunded mandate that would establish minimum response times of five minutes or less for law enforcement to respond to emergencies. So the concern there is it's not really defined as what an emergency really is, and so as we know we have a priority system for law enforcement to -- for MCSO to respond to calls for service. The other thing is, is that if you don't meet those response times, you'll have like a year to try to get up to that speed and then if you don't get there, then you have to come up with an action plan. And so the concern is, is this is really almost like a mandate to add additional law enforcement officers. So cities that have their own police departments and those of us that are under contract with MCSO, I think that this is just really not a good piece of legislation for cities and towns. It doesn't give the cities and towns the ability to really -- you know, we obviously want to maintain low response times because that's really very important. But this is one that I think is just taking away a little bit too much control from local governments. The other one that we spent probably the most time yesterday on the phone -- excuse me, it was on -- yeah, yesterday. Sorry. And that was Senate Bill 1117. This is basically zoning by-right and it would allow homes that -- you have lots right now where basically you would be allowed to have additional dwelling units built on your property, even though the zoning may not allow for it today. And so the idea is that -- advocates are advocating for this because it would create additional -- you know, they're claiming it would create additional housing developments, affordable housing. But part of the issue with this is that there also could be single TOWN OF FOUNTAIN HILLS Page 60 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 60 of 71 occupancy types of rooms, so you're really talking about like neighborhoods that might actually have boardinghouses. So that's a totally different change from what neighborhoods are today. This would also not have any kind of public process such as Planning and Zoning or council, so any involvement with some of these types of developments that the council currently enjoys the ability to have -- the ability to weigh in, they would not have that ability. There's a lot more other issues with this, but I think this is one that the League is really urging cities and towns to get their councils to oppose. And then the only other one, Mayor and council, is Senate Bill 1162. This is basically allowing property owners to have -- as a matter of right, they can have homebased businesses. Right now, we allow homebased businesses. There's no issue with that, but this could take it to another level. This could take homebased businesses to having auto mechanics working in their homes, manufacturing, things that we would typically not want to see or have in our neighborhoods currently, because it would change the character of the neighborhood. So those were three that I thought were probably the most onerous of the bills that are being considered. MAYOR DICKEY: Do you have any -- GRZYBOWSKI: Yeah, I just wanted to mention -- oh, crap. Which was the first one you read? 24 -- MILLER: 18. GRZYBOWSKI: --18, right? MILLER: Yes. GRZYBOWSKI: According to my notes, not only is it the five-minute response time, when they conduct their annual review, if we're out of compliance we only have 60 days to get in compliance. Not a year, it's 60 days. MILLER: Thanks for that correction. GRZYBOWSKI: And what was the other things that I -- the next one was -- that I wanted to talk about was the Senate Bill 1117. No P&Z, no council, no public engagement. And I don't know that I understand this type of housing, but not only did he TOWN OF FOUNTAIN HILLS Page 61 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 61 of 71 say it's very, very bad, but he went so far as to mention we could be stuck with dorm style apartments. And you know, in my mind I want to say loft. But he actually used the word dorm style, so I don't know what that is, but I don't know that we would be pleased with that. Was there anything else that I saw that I wanted to bring up? No, I guess not. Thank you. MAYOR DICKEY: Thank you. Councilwoman? I mean, Vice Mayor? MCMAHON: Yes, I've seen a couple of them. I think it's SB 1063 and HB 2061, stop taxing groceries, and if this bill is passed, it would ban cities from charging sales tax on food items for your homes and as a result, our town would lose millions of dollars annually. We cannot afford to lose millions of dollars annually. One argument is that this will adversely affect the people on food stamps, et cetera. It will not affect them at all. They are already provided for. Also SB 1184, stop rental taxes, would ban cities from charging sales tax on rent for residential dwellings, et cetera, for up to four units. Again, that would prevent a lot of revenue from coming into Fountain Hills. And there's another one that says stop rental taxes -- taxes on rental properties. I think that that one should be opposed because again, it is going to really adversely affect our income to the town. And we reply [sic] on those transaction privilege taxes because we do not have real property taxes. So it doesn't make any sense to oppose these, especially if you have budget concerns because -- I mean, it just doesn't make any sense to say, okay, let's cut out all this income and then, you know, we don't have enough money to cover streets or cover anything in the budget. I mean, that's just ridiculous. There is another one, HB 2284, homeless housing tents. It would make it a crime for a homeless person to put up a tent. I mean, that's going a little bit too far. I don't think that's appropriate. And then, I think it's HB 2003, to lower corporate income tax. Well, if you think about -- our corporations already have low income tax thresholds. We are going -- from what I've seen today through MAG and the Arizona Economic Commission, we are TOWN OF FOUNTAIN HILLS Page 62 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 62 of 71 going to see over the next ten years billions of dollars of growth. If we start lowering corporate tax more than it even is now, over a period of time, we're not going to be able to take advantage of any of those billions of dollars. And again, that would that decimate our budget. So I think that for all the financial reasons and more, we should oppose those bills. MAYOR DICKEY: Thank you. So the combination of the food tax bill and the rental and the corp -- the corporation one wouldn't set in right away, but the total of those would be in today's dollars $2.9 million per year removed from the Fountain Hills -- you know, from our revenue. So that's a big deal. It's not just like a one shot deal. The 1162 effectively defunds Valley Metro, destabilizing our -- it's basically kind of a Prop. 400 extension, but it's not going to help at all. It's actually going to hurt. So then there's one we actually support, 2236, which is administrative review approvals. It puts more in John's purview there, rather than ours, and it's actually a League resolution and so that one we would support. Another one that's hurtful, I don't exactly know how much because I didn't get a chance to talk to David, but the one that says 1245 VLT taxes all have to be put towards transportation. I don't know how that would work in our community because, you know, we get the shared revenue, which is VLT, income tax, sales tax statewide -- we get our share. And I don't know how much of that, you know, we could say, okay, goes to transportation because we're not like -- we don't spend a lot on transportation. So that could potentially hurt us, too. So we will take positions on bills at times and in this case, most of them, I think, have been through committees, so it would probably be a matter of Grady having to write a letter either to the next committee up, since we missed some of them already, or to the floor, you know, the president or the speaker, if it gets to the floor of those. So I can run down those, but I want to know if anybody has an objection to us taking -- and by the way, these are all either League opposed or League supported. So it's not -- it's the League of Arizona Cities and Towns. And they don't always do that. But this time they are actually taking a lot of these stands. So we can talk about them more, or we can talk about having Grady -- especially TOWN OF FOUNTAIN HILLS Page 63 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 63 of 71 with the tax bills and the law enforcement one and the 1117 one. We definitely need to do those. GRZYBOWSKI: I just wanted to mention that the food municipal tax exemption and the rental exemption is only from town funds. It's not affecting the state budget at all. What they're looking at messes with our budget and our revenue. So that's one of, I think, the things that upsets me more, is not only are you telling us where to spend our money, like the VLT or some of this other stuff, but now you're screwing with our budget and not even yours. So I think that's what really upsets me about that is, I get that you want to cut taxes, I'm all for that, but cut your taxes. Don't take it out of our kitty because we already have this stuff pegged for all sorts of different things. It's a whole new budget conversation. MENDENHALL: Yes, we do. Kim Wolborsky? WOLBORSKY: I'm so glad my husband comes up here all the time, because you can pronounce my name. It's wonderful. So I have a couple of things. I agree with Councilmember Grzybowski that this is -- although it's lovely to cut taxes, I love less taxes -- that we do need to fund our streets. We really need to fund our street repairs and cutting out the food tax is -- you know, maybe this isn't the time for that. But what I also wanted to answer was Vice Mayor's McMahon's thought about the homeless tents. I know it sounds really cruel and unkind to make that illegal, but I have to tell you I moved here from Seattle, Washington in 2019, and I have seen that. I have seen what it's like. For me to leave my office in Seattle, I had to drive through homeless encampments. And people would come out onto the streets, out onto the freeways. I mean, it started out really small and it just got bigger and it spread to the suburbs. It's just such a horrible thing and it's so sad and it's so bad for the people who are in the tents. It's not a good solution for them. Those things just become -- it's just heartbreaking. You know, there's just like so many drugs, so much alcohol. It's just like a nonstop party for people who shouldn't be partying. So I just wanted to say, even though it sounds like an unpleasant law, I do support it. So thank you. TOWN OF FOUNTAIN HILLS Page 64 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 64 of 71 MAYOR DICKEY: Thank you. That bill's a little weird anyway. It's kind of hard to explain it. Actually, it's forcing cities to do something, but not giving them the money to do it. So that's why it's being opposed. So it's like, you have to ban it, but then you're on your own. So you know, it's obviously such a huge problem everywhere, but this is just a kind of punishment thing, again, for a city that maybe can't do anything about it right now. So I think that that was the basis for the League saying they opposed it, but I mean, we don't have to, you know, necessarily take a stand on all these bills, but -- were you going to say something, Sharron? I saw your light. GRZYBOWSKI: Actually, I was going to say exactly what you said. To me, it's less about the illegal portion, but more about here you are helping us spend our money again. We have to send our resources whether it be the MCSO or Code or -- we don't have the funding behind that. So they're asking us to do something without funding it. That, I think, to me is my big pet peeve there. Again, you're helping me spend my money. I can do that myself. MAYOR DICKEY: So at the minimum, I would ask that we would oppose 2418, the law enforcement one, the VLT 1245, support 2536 because that's an administrative review for development, and definitely oppose -- and there's a lot of those tax bills. I can give you the numbers of them. It's 1063, 1089, 1184, 2061, 2067, and 2003. And then 1117 -- 1117, that one, seriously -- it's no density, height, they're all unregulated. No P&Z, no public notice, no council vote. Essentially eliminates single family zoning. No design reviews. No sidewalks, open space, landscaping, garages, all those things we talk about when someone wants to build something, it would just not be something that we could do. And I think that you should be aware of the homebased business one, too, because that goes into this discussion of group homes and anything, because this is homebased businesses by-right. And it could even be like a car repair, so -- GRZYBOWSKI: Yeah, he specifically mentioned, I see dentists, I see auto mechanics -- and there was a third one that he mentioned that I didn't make a note of that we would all not want that as our neighbor. Yeah. TOWN OF FOUNTAIN HILLS Page 65 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 65 of 71 MAYOR DICKEY: So that's 1162. I'm not sure what the motivation for that one is, but I think it's something that we would want to oppose. MCMAHON: They probably don't know, either. MAYOR DICKEY: Councilman? SKILLICORN: Mayor, if we're looking for something unanimous, I think the only one I'm going to -- or the only ones I agree with are like the local zoning issues that we want to have control over. So if we're looking unanimous, that's what I'd recommend, but -- otherwise, you know, there's some here that, you know, I'm okay with or I have a differing opinion. MILLER: From what I do -- is I typically I can kind of read that there's a consensus on this. Typically, we've had debate on those where very clearly there's, you know, opposing views on certain bills. And so I'm not going to put a letter and stick my neck out on a bill that there's obviously divisiveness on the council. But it appears that there's consensus on the ones that we've talked about tonight. And it sounds like, you know, Councilmember Skillicorn doesn't necessarily agree with all of them, but there appears to be at least -- MAYOR DICKEY: Yeah. MILLER: -- you know, without voting on -- there's consensus. KALIVIANAKIS: Yeah, just so I'm on the record, I do support the Mayor's slate and all that you said there, I'm for that. MAYOR DICKEY: Okay. We're -- let's see, we're adjourned. No. Our next item is discussion and direction to Town Manager. SKILLICORN: Mayor, may I? MAYOR DICKEY: Of course. SKILLICORN: Thank you, Mayor. For Town -- or actually, I wanted a couple motions for future agendas. The first one is, I do want to make a motion to put on the agenda the P&Z recommendation for the commercial detoxes that passed unanimously back on January 9th. I do have a quick question. I don't know if we need a notice, 15 days, for a hearing, though. That's my belief. ARNSON: So we would -- of course, if you wanted to just discuss it without acting on it, TOWN OF FOUNTAIN HILLS Page 66 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 66 of 71 then no. But in order to make that change -- John, we are recommending that that come for a public hearing process? I'm trying to remember what we ultimately decided. WESLEY: Mayor and council and Mr. Arnson, there is a provision in the zoning ordinance that when P&Z has held a public hearing, that a public hearing isn't necessarily required at council. We typically do, just to make sure our bases are covered if somebody has a question or objection. ARNSON: Okay. WESLEY: But we can have this on the next council meeting. ARNSON: Thank you for the reminder. SKILLICORN: So I would like action, so I wouldn't mind the clock starting for the 15 days. KALIVIANAKIS: Wasn't this already noticed in P&Z? WESLEY: Yes, we did have a notice of public hearing at P&Z. So the ordinance does allow us to have it on the council without another public hearing. SKILLICORN: Oh. KALIVIANAKIS: So we need an additional notice to the P&Z notice? WESLEY: No. It is not required. Typically we do -- KALIVIANAKIS: Okay. WESLEY: -- but it is not required. KALIVIANAKIS: Okay. MILLER: Okay -- SKILLICORN: I would like to go -- but what we typically do is notice it. MILLER: So if I can, John, this is the one I think that -- Councilmember Kalivianakis -- we were going to have this on the agenda because there were -- support from three to put it on and then there was one that withdrew their support. So we had done a public hearing, but then it didn't end up being on the agenda. But that -- SKILLICORN: I think that this one is the commercial detox. MILLER: Commercial detox. I apologize. I thought I heard you say sober living, so I apologize. SKILLICORN: I mean -- and if we have two seconds, I'd like to have that. TOWN OF FOUNTAIN HILLS Page 67 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 67 of 71 MILLER: Okay. SKILLICORN: Is there two seconds? TOTH: Second. SKILLICORN: Yes. Yes, please. KALIVIANAKIS: Will this be an action item? SKILLICORN: Yes. MAYOR DICKEY: No. No? SKILLICORN: Well, I think -- so we need -- typically, we'd do a hearing. So I'd like to do it the way we typically -- I don't want to do it a new and unusual way. I'd like to do it as a hearing. MAYOR DICKEY: Okay. SKILLICORN: So we need to have a notice for that hearing. MILLER: Is there going to be enough time? ARNSON: So I don't know that that means there's enough time -- SKILLICORN: Yes. ARNSON: -- for the 21st, but it would be the meeting following -- SKILLICORN: Yes. ARNSON: -- that. Am I right, John? WESLEY: You're correct. ARNSON: Thank you. WESLEY: Yeah. Yes, you're correct. MILLER: So just for clarification, what meeting -- for the record, when is that going to be, then, John? WESLEY: So we could notice on the 15th and the 22nd. So we could have it on March 7th. MILLER: Okay, March 7th. And you're talking about the recent ordinance that came from P&Z? SKILLICORN: Yes. MILLER: On detox. SKILLICORN: The one that passed on January 9th. TOWN OF FOUNTAIN HILLS Page 68 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 68 of 71 MILLER: Yes, okay. KALIVIANAKIS: I'm still very confused. Excuse me, but if this thing was already noticed in P&Z and it's moved up to Town Council, we don't need an additional notice. FRIEDEL: No, we don't. KALIVIANAKIS: We don't. FRIEDEL: No. KALIVIANAKIS: This can be placed on the 21st agenda for an action item. SKILLICORN: If there's consensus in two seconds to move it on the 21st, that's fine. MILLER: We were just following the direction of the sponsor of this, so. SKILLICORN: If there's consensus in two seconds, we could do the 21st. FRIEDEL: Yeah. Put it on the 21st, please. MILLER: Okay. TOTH: Yes. MAYOR DICKEY: Okay. SKILLICORN: The next one -- so an agenda item for the retreat, I would like to have an agenda item on combatting homelessness in town. Can I get a pair of seconds? MILLER: You had previously asked me and that's on the agenda already. SKILLICORN: Okay. MILLER: And you also had another one that you had about streets first. SKILLICORN: Yeah. I want to have like a roads first resolution -- MILLER: Right. SKILLICORN: -- for budgeting also on that. MILLER: Okay. SKILLICORN: And then this is not an agenda item, but I would love if -- and I don't know if it would be Mr. Wesley or someone from Code Enforcement. When we had -- was it -- I forget her name. She came in and mentioned the complaint she had about the construction debris on her property. MILLER: Yes. SKILLICORN: I'd love to hear -- MILLER: Ms. Stokes. SKILLICORN: Stokes -- yeah, Amy Stokes, was it? TOWN OF FOUNTAIN HILLS Page 69 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 69 of 71 MILLER: Um-hum. SKILLICORN: I would love to hear, maybe once a month, like a list of -- you know, of code enforcement complaints just so we're aware of where things are moving. MAYOR DICKEY: What was this then? MILLER: So I'm -- SKILLICORN: Or at least an update. MILLER: Okay. SKILLICORN: I think council should have an update of what's going on there. MILLER: So what I do typically on these is you'll see an email back from me that indicates that the matter's been resolved or it might be coming back before council. I'm not saying that this specific one, but I will be sending an email off. So if there's a way -- we'll talk about it and we'll figure out a way to get -- SKILLICORN: Yeah, my intent is not to find out during a meeting. My intent is we actually could see it and maybe address it before -- you know, residents I don't think should wait. MAYOR DICKEY: I believe -- hasn't John -- we've been getting those updates every month. SKILLICORN: I don't think there was anything specific, though, like -- FRIEDEL: Right. They just give us a brief overview, a recap. SKILLICORN: -- yeah, of course, I didn't know about this. MAYOR DICKEY: Oh, you mean like which action -- SKILLICORN: Yeah. I'd really like to, you know, know that those are taken care of. MILLER: Okay, we'll -- I so noted and I'll work with staff on trying to figure out -- SKILLICORN: Great. MILLER: -- what you're asking for. SKILLICORN: Great. MILLER: Thank you. SKILLICORN: Thank you so much. MAYOR DICKEY: Okay. Yes, ma'am? TOTH: Quickly, I would like to submit for the third time my request to discuss the roundabout. I believe my original wording was -- let me unlock my thing real quick. TOWN OF FOUNTAIN HILLS Page 70 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 70 of 71 I'd like to submit a request for the discussion and possible action item of termination of the roundabout and grand staircase capital projects and transfer of these funds for design or development to road maintenance on the -- it was originally supposed to be on the 1/17 agenda. This was an email sent on January 6, so I apologize -- on the February 21st agenda. Thank you. SKILLICORN: Second. MAYOR DICKEY: Well, anyway, telling or asking to have something on the agenda doesn't mean which agenda it has to be on, and it is on the retreat, just like every capital project is. TOTH: Right. MAYOR DICKEY: And as you know, we went to chamber and tried to get some information from them. And it's a work in progress, but obviously as we move forward this is something that we'll discuss. So it's not an item for an actual -- SKILLICORN: The rules allow it. MAYOR DICKEY: Excuse me? SKILLICORN: Point of order. The rules allow agenda items to be proposed. MAYOR DICKEY: Yeah, I know. She did propose it. TOTH: That actually does remind me of a second item I'd like to request for the February 21st agenda. And that would be an update to Council Rule 4.2(B), paragraph 2, to require that be when three councilmembers request for something to be on the agenda, that that is then on the next available agenda. So if an agenda's full, understood, but the next available agenda. MAYOR DICKEY: That's fine. I think we discussed that, too -- SKILLICORN: I'll second that motion. MAYOR DICKEY: That's fine, but that's not possible because we have to have staff involvement. So that's really why it doesn't go on the next agenda. If you send me a note -- TOTH: I specifically said next available agenda. And I'll follow those requests up in an email as well. Thank you. TOWN OF FOUNTAIN HILLS Page 71 of 71 FEBRUARY 7, 2023 TOWN COUNCIL MEETING MINUTES Page 71 of 71 MAYOR DICKEY: Well, we have two people saying that, so we'll talk about that later. That is it, unless there's anything else? Okay. ARNSON: Okay. So hold on, sorry. Before we leave, the way that I understood this is that we want three. So is there a -- for -- MILLER: That's what the policy's states. ARNSON: Yeah. So we got number two from Councilmember Skillicorn. Did we get a number three for Councilwoman Toth? MAYOR DICKEY: Well, it'll be on the 28th. ARNSON: I'm talking about either item. MAYOR DICKEY: We're discussing it at the retreat. MAYOR DICKEY: Um-hum. ARNSON: Three. ARNSON: Three. With respect to both of her items? Okay. That's -- I'm glad. Then that doesn't leave me wondering what happened, okay? TOTH: And just to be technical really quickly, the Council Rules do state by written request, so if we could all just write an email to follow up with that? Thank you. MAYOR DICKEY: Okay. Anything else? Okay. Good night. We're adjourned. TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL February 9, 2023 A Special Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m. Members Present: Mayor Ginny Dickey; Councilmember Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Members Attended Telephonically: Vice Mayor Peggy McMahon Staff Present: Town Manager Grady E. Miller; Town Clerk Linda Mendenhall Staff Attended Telephonically: Town Attorney Aaron D. Arnson Audience: Approximately six members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 1 of 9 Post-Production File Town of Fountain Hills Town Council Meeting Minutes February 9, 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 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 2 of 9 MAYOR DICKEY: I call this special meeting to order. Welcome. Could we get a roll call, please? MENDENHALL: Yes, Mayor. Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Grzybowski. GRZYBOWSKI: Present. MENDENHALL: Councilmember Friedel. FRIEDEL: Present. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Here. MENDENHALL: Councilmember Skillicorn. SKILLICORN: Here. MENDENHALL: Vice Mayor McMahon. MCMAHON: Here. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Here. Thank you, Linda. Grady, do you want to start us off? MILLER: I thought our attorney was going to do this. John, are you -- ARNSON: I'm on. Sorry, everybody. I'm on. MILLER: Okay. Yeah, we didn't know you were on. We had talked. And since this was written by our attorney, I'm going to turn it over to our town attorney, who will basically give the staff report on this. ARNSON: Sure thing. Can everybody hear me all right on that end? MAYOR DICKEY: Yes, we can hear you. ARNSON: Okay. Thank you. Good evening, Mayor and Council. I'm with you here telephonically, obviously. This evening tonight is consideration by the council of some or all of previously rescinded sections of the town zoning code, Section 6, which has to do with sign regulations, and then Resolution 2012-31. TOWN OF FOUNTAIN HILLS Page 3 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 3 of 9 The council will recall that, at the January 3rd, 2023, meeting, a majority of the council voted to rescind those provisions that I just referenced. Following that, there's been some discussion back and forth, including an executive session that was held on Tuesday night, pursuant to the open meeting law. And we -- staff received direction following that to -- or in that meeting to notice this meeting for discussion and consideration of the item before you. Again, this is a decision of the council for consideration and discussion. And I will leave it at that, absent any questions for me. MAYOR DICKEY: Thank you. Any questions -- MCMAHON: I do, yes, yes. MAYOR DICKEY: -- for Aaron? MCMAHON: Yes, yes. Um-hum. MAYOR DICKEY: Yes, Vice Mayor. MCMAHON: Aaron, it's my understanding that the -- that there was a repeal of the sign -- the Fountain Hills sign ordinance. And -- ARNSON: Yes, that was -- MCMAHON: -- this is what we're reinstating. ARNSON: -- the act. It was -- yeah, some portion -- significant portions of that sign ordinance. Yes, Mayor and Vice Mayor. MCMAHON: Right. So wouldn't it be safe to reinstate the whole thing and then just say something to the -- with the exception that 6.07 and 6.08 will temporarily not be enforced? ARNSON: Well, that -- the recommendation -- or excuse me, the direction from the council that we received was to bring these items back for reinstatement. And it's up to the council for consideration. Respectfully, Mayor and Vice Mayor, I've provided my recom -- my legal recommendation and advice in executive session. And so I'd prefer to not have further legal discussions about it. But I think it would behoove -- MCMAHON: Okay. ARNSON: -- the council to consider reinstatement, yes. MCMAHON: Okay. TOWN OF FOUNTAIN HILLS Page 4 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 4 of 9 MAYOR DICKEY: Thank you. MCMAHON: Thank you. MAYOR DICKEY: Any further discussion or questions? Okay. Anybody -- oh, go ahead. Yes, Councilwoman. KALIVIANAKIS: Thank you. MAYOR DICKEY: Oh, yeah, put your mic on, please. Sorry. Okay. KALIVIANAKIS: Thank you. Regarding the reinstatement, the problem that I had from this from the beginning was not Section 6.07, but 6.08, which were the temporary signs, which we actually addressed this week in a town council meeting on Tuesday. I think the crux of my problem -- and the reason that I voted to repeal in the first place -- was the restrictions to our businessowners and to our realtors regarding this section of the ordinance. What I'd like to do is reinstate this ordinance and carve out an exception for the businessowners and for the realtors. On the other hand, I think the laws will prevent us from doing a content neutral or singling out anybody. So what I'd like to do is -- MCMAHON: Right. KALIVIANAKIS: -- is restrict the -- and suspend the enforcement of 6.08, temporarily, until we revise this Section 6.08 through amendment, through the town retreat that we're going to be attending and to give direction to John Wesley (ph.) before that. So then we can discuss it at the town retreat the revisions that we'd like to see go in place. It could back to planning and zoning, and then -- we could then revisit it as a town council with all those provisions sorted out. But what I'd like to do, though, is make sure that we allow for the restricted enforcement. We actually enforce the whole thing, but if you go to Section 6.02, A frame or T-frame signs -- meaning, self-sustaining, temporary, lightweight, portal signs made of durable, nonpliant material such as wood, sheet metal, or plastic, the design to (indiscernible) without penetrating ground -- I would like these to not be enforced, but to enforce the rest of the code, which would be banded signs, rogue signs, or any other signs that you might see popping up right now. TOWN OF FOUNTAIN HILLS Page 5 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 5 of 9 I think that'd be a way to keep -- help our businessowners, help our realtors, restore the sign ordinance in its entirety, including the sections on political speech, and then revisit this through the amendment process, through a (indiscernible) process, the planning and zoning process, and then to bring it back here with the amendments. MCMAHON: This is Vice Mayor. MAYOR DICKEY: Excuse me. Just let me try to -- make sure I understand. KALIVIANAKIS: Yeah. MAYOR DICKEY: So we would be reinstating Zoning Ordinance 6.07 and 6.08 subject to a temporary stay of enforcement of regulations related to temporary signs, except for the material that they're made out of -- KALIVIANAKIS: Right. MAYOR DICKEY: -- to make sure that that part is enforced. But everything else is temporarily -- doesn't have to be enforced until we do all those things at the retreat and such. KALIVIANAKIS: Yes. MAYOR DICKEY: Correct? Okay. MCMAHON: Correct. MAYOR DICKEY: Okay. MCMAHON: That was my understanding. MAYOR DICKEY: Thank you, Vice Mayor. I see confusion. Sharron. GRZYBOWSKI: No. Actually, you satisfied my confusion. I'm much better now. The confusion, I think, was still left over from Brenda talking, so you helped me understand. Sorry, Brenda, but I need it in nonlawyer terms. Sorry, love. MCMAHON: Yeah. So -- MCMAHON: Does someone want to make a motion? MAYOR DICKEY: Yeah. Do you want to make sure that you incorporate what we were -- just said, or do you want -- MCMAHON: Yes. Yes. Well, I'll make a motion to incorporate what Ginny said and as to reinforcement of the sign ordinance in accordance with Mayor Dickey said. TOWN OF FOUNTAIN HILLS Page 6 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 6 of 9 MILLER: Do you know about the speaker card? MAYOR DICKEY: I'm sorry? Oh, I'm sor -- I'm so sorry. MILLER: Yeah. Before the vote, I -- there's, I think, a speaker card. MAYOR DICKEY: Oh, there's a speaker card? Oh, I'm sorry about that. Yeah, Vice Mayor, we have a speaker card here we're going to listen to. Thanks. MENDENHALL: Paul Hickman. HICKMAN: Good evening, councilors. No problem. Just real quickly. I'm Paul Hickman with Clear Channel Outdoor, one of the largest billboard companies in the United States. And we just have a couple quick questions. If you can't answer them tonight, we understand. First and foremost, has anybody applied for any signage of any type since the ordinance was repealed? Okay. MILLER: John, do you want to come up and -- it would actually come from our Development Services Department. And so John, I believe the question is, from the gentleman, has there been an application received yet -- did you say for a billboard? HICKMAN: For any type of signage, including a billboard. MILLER: For any? HICKMAN: Any type. WESLEY: Mayor and Council -- HICKMAN: In the last 34 days. WESLEY: I'm not aware of any, but I would have to -- to know for sure, I would have to go back and check, because those don't come directly to me. They're reviewed by other staff members, so they could have had one. But I'm not aware of it. MAYOR DICKEY: Okay. Thank you. HICKMAN: And then the other thing we would like to share, if this is going to go under text amendment review, that there is a stakeholders' meeting if it's going to involve (indiscernible) signage, billboards, that the industries invited and is involved and is not singled out. But everybody should be here at the table. And I would encourage you, out of an abundance of caution, these last 34 days of being TOWN OF FOUNTAIN HILLS Page 7 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 7 of 9 open, not protected, you should close it back up. MAYOR DICKEY: And we will be going through the P&Z process and then back to council. So we will be doing that. Thank you. Any -- I'm sorry. So we do have a motion on the table. Did you -- do you -- well, Aaron -- Aaron, do you understand the motion? ARNSON: I'm going to repeat it -- I'm going to repeat it back to make sure that I did, Mayor. And -- MAYOR DICKEY: Thank you. ARNSON: -- if anything gets lost in translation, you're welcome -- MAYOR DICKEY: Okay. ARNSON: My understanding is that the motion is to reinstate Sections 6.07, 6.08 of the Zoning Ordinance and Resolution 2012-31, with a temporary stay of enforcement of temporary sign regulations. And then there were some provisions about enforcement of materials that signs are made from. I didn't catch all of them, but I'll look for head nods to the extent Director Wesley recalls exactly which provisions were noted. Did I state the motion correctly? MCMAHON: Yes. MAYOR DICKEY: It seems like you did. Brenda? MCMAHON: Yes. KALIVIANAKIS: Well, I think we were not going to enforce for the temporary, lightweight, portable, durable, nonpliant signs. That would be the nonenforcement. Everything else would be enforced, as long as that's what he said. ARNSON: Oh, okay. KALIVIANAKIS: Yeah, I think it was the opposite. MAYOR DICKEY: Oh. Except then that would enforce placement and stuff. Do you want to do that? KALIVIANAKIS: I -- ARNSON: I think we're going to want to stay -- if I may, I think we're going to want to stay enforcement of the provisions related to temporary signs. So whether they're with TOWN OF FOUNTAIN HILLS Page 8 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 8 of 9 respect to the materials that they're made out of or where they're placed, I think that's what the council was after. But if I'm wrong, please -- I'll stand corrected. KALIVIANAKIS: Well, we're amending that. MCMAHON: This is Vice Mayor. And that was part of my motion. You understood it correctly, Aaron. MAYOR DICKEY: Okay. Is that all right then? KALIVIANAKIS: Yeah, I think we're good. MAYOR DICKEY: Okay. KALIVIANAKIS: I'll second. MAYOR DICKEY: Thank you. MCMAHON: Do you have a second? MAYOR DICKEY: Yeah, there was a second. All those in favor -- let's do a roll call, because we're going to do that for the minutes, I think, from now on. So might as well get used to it. Roll call vote. MENDENHALL: Councilmember Toth. TOTH: No. MENDENHALL: Councilmember Grzybowski. GRZYBOWSKI: Yes. MENDENHALL: Councilmember Freidel. FRIEDEL: No. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Yes. MENDENHALL: Councilmember Skillicorn. SKILLICORN: Yes. MENDENHALL: Vice Mayor McMahon. MCMAHON: Yes. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Aye. MENDENHALL: Okay. The ayes have it. MAYOR DICKEY: The motion passes. TOWN OF FOUNTAIN HILLS Page 9 of 9 FEBRUARY 9, 2023 TOWN COUNCIL MEETING MINUTES Page 9 of 9 MENDENHALL: Passes. MAYOR DICKEY: I want to get used to doing this, too, because I've heard from people that they don't always hear what's happening. So it's four to two, correct? MENDENHALL: Correct. MAYOR DICKEY: Okay. Thank you. All right. I'm sorry? Five to two. Yes. I'm sorry. She's not here, but she's on the phone. Sorry about that. I'm all discombob -- I'm all discombobulated tonight. All right. Then I think that's it for the good of the order. We can adjourn? Thank you. MCMAHON: Thank you, everybody. Bye. Having no further business, Mayor Ginny Dickey adjourned the Special Meeting of the Fountain Hills Town Council held on February 9, 2023, at 5:43 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 Special Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 9th day of February 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st Day of March 2023. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/21/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the proposed Fountain Hills Logo Staff Summary (Background) During the February 2022 Council retreat, Council discussed a proposed community branding project to provide the Town of Fountain Hills with a marketing theme and strategy to promote the community. Based on the feedback received, $20,000 was included in the FY22/23 budget for the project. In June, staff issued a formal request for proposal (RFP) and received six responses (four in state; two out of state) and Gordley Group was awarded the proposal. The project kicked-off with a community-wide survey that was distributed via social media, the Fountain Hills Chamber of Commerce Newsletter and direct emails from the Town's business license list. Gordley Group received over 700 responses to the survey. In addition to the survey, three focus groups were held to include Council, Council-elects, staff, Chamber representatives, residents and businesses.  Based on community feedback, Gordley developed two logo options, which were presented at the January 17 regular Town Council meeting. Council directed staff to work with the consultant on 'Option A' and to consider including mountains and/or dark skies and provide color options in the logo. Staff worked with the consultant who provided two different variations. The variations were presented in one-on-one meetings with Council, where staff received additional feedback. The feedback was presented to the consultant and they updated the variations to also include a third design.  Staff is bringing back the proposed Fountain Hills logo, during the March 21 Council meeting and requesting approval of the modified variation of 'Option A.' The new logo will be used for marketing purposes to target new residents and businesses, such as the Town's website, collateral material, printed and digital ads, etc. and the Town seal will continue to be used for official documents.   Related Ordinance, Policy or Guiding Principle This item supports the Strategic Plan Strategic Priority: Targeted Collaborative Economic Development and the task of "develop and promote an effective brand image to prospective businesses and residents."  Risk Analysis The Town currently has several logos that are being used locally, regionally and nationally for marketing purposes. These logos do not reflect the true brand of the Town and some are outdated. If the Town continues to use multiple logos it will have a negative impact on Fountain Hills' brand recognition.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends Option A as the new Fountain Hills logo. SUGGESTED MOTION MOVE to approve Option A as the new Fountain Hills logo. Attachments Proposed Logo Options  Form Review Inbox Reviewed By Date Finance Director David Pock 03/08/2023 04:48 PM Town Attorney Aaron D. Arnson 03/08/2023 04:52 PM Town Manager Grady E. Miller 03/08/2023 05:38 PM Form Started By: Amanda Jacobs Started On: 03/01/2023 03:30 PM Final Approval Date: 03/08/2023  Original concept with color Variation of original concept #1 Variation of original concept #1 version 2 OPTION A F OUNTAINHILLS TOWN OF F OUNTAINHILLS TOWN OFFOUNTAINHILLS TOWN OFFOUNTAINHILLS TOWN OF Variation of original concept #1 version 2 OPTION B Slightly thinner/straighter version of fountain spray FOUNTAIN HILLSTOWN OF FOUNTAIN HILLSTOWN OF F OUNTAIN H ILLSTOWN OF F OUNTAIN H ILLSTOWN OF OPTION C F OUNTAIN H ILLSTOWN OF F OUNTAIN H ILLSTOWN OF F OUNTAIN H ILLSTOWN OF F OUNTAIN H ILLSTOWN OF ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/21/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the General Fund, Streets Fund, Capital Project Fund, Economic Development Fund and Tourism Fund. Staff Summary (Background) Throughout the fiscal year, it is sometimes necessary to transfer budget authority from one general ledger account to another.  In most cases, the authority to be transferred is within the same department and can be made administratively without the need to request Town Council approval.  The following transfers are needed to move authority between departments and funds; therefore, Council approval is requested. FY23:  $2,300,000 from General Government (GENAD) and $1,400,000 from FY23 CIP Project D6057 Golden Eagle Impoundment Improvements (CIPSTO) to Street Paving (STPAVE) for pavement maintenance. This budget authority will allow the Streets Department to utilize most of the funds transferred to the Streets Fund from the General Fund savings realized as a result of the receipt of American Rescue Plan Act funding. The remaining funds will rollover to FY24 as fund balance to be used for the same purpose. $14,000 from General Government (GENAD) to Facilities Operations (FACOP) for the acquisition and installation of landscaping materials around the Town Hall. $20,400 from Tourism (TOURISM) to Economic Development Administration (DEDAD) for professional services, advertising, marketing, and program materials. Related Ordinance, Policy or Guiding Principle Town Council approved financial policies and best practices. Risk Analysis If not approved, existing departmental and fund budgets would be exceeded.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the budget transfers as requested. SUGGESTED MOTION MOVE to approve the attached budget transfers as requested. Attachments Budget Transfers  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 03/07/2023 09:25 AM Town Attorney Aaron D. Arnson 03/07/2023 09:29 AM Town Manager Grady E. Miller 03/07/2023 09:53 AM Form Started By: David Pock Started On: 03/07/2023 07:50 AM Final Approval Date: 03/07/2023  03/07/2023 09:59 |TOWN OF FOUNTAIN HILLS |P 1 DPock |BUDGET AMENDMENTS JOURNAL ENTRY PROOF |bgamdent LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR____________________________________________________________________________________________________________________________________ YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND 2023 09 17 03/21/2023 BUA QTR BUDGET 1 8 1 STPAVE 6276 STREETS-PAVEMENT MGMT PAVEMENT MAINTENANCE 3,946,805.00 3,700,000.00 7,646,805.00 200-40-30-302-300-1610-6276- FM CONTINGENCY AND CIP 03/21/2023 2 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 3,767,969.00 -2,300,000.00 1,467,969.00 100-10-15-110-100-0106-7010- TO STREETS 03/21/2023 3 CIPSTO 8085 D6057 STORMWATER CAP PROJ STORMWATER/DRAINAGE IMPROVEMEN 1,500,000.00 -1,400,000.00 100,000.00 600-40-30-304-000-1960-8085-D6057 TO STREETS 03/21/2023 4 FACOP 6418 FACILITIES-OPERATIONS LANDSCAPE CONTRACTS 19,825.00 14,000.00 33,825.00 100-40-30-303-110-1515-6418- FM GF CONTINGENCY 03/21/2023 5 GENAD 7010 GENERAL GOVERNMENT ADMIN CONTINGENCY 3,767,969.00 -14,000.00 3,753,969.00 100-10-15-110-100-0106-7010- TO FACOP 03/21/2023 6 DEDAD 6426 ECON DEVELOP-ADMIN MARKETING .00 20,400.00 20,400.00 310-10-10-107-100-0106-6426- FM TOURISM 03/21/2023 7 TOURISM 6402 TOURISM PROFESSIONAL FEES 65,680.00 -20,400.00 45,280.00 320-10-10-107-100-2005-6402- TO ECONOMIC DEV 03/21/2023 ** JOURNAL TOTAL 0.00 Z ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/21/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2023-08 approving the proposed updates to the Rules of Procedure. Staff Summary (Background) On February 28, 2023, staff presented potential updates to the Rules of Procedure. The Mayor and the Town Council provided feedback and direction to staff on those recommendations. Since the retreat, staff has identified another area to add to the document regarding dissemination of materials, updating the document with the current town web address, and correcting some minor clerical errors. The more significant changes to the document are as follows:  Section 4. Notice and Agenda  Agenda Preparation 4.2 4.2 (B) (2) The staff recommends revising the submittal process for the Mayor and Councilmembers when adding items to the agenda, which will include adding a category specifically for this purpose. The proposed category will be called "Future Agenda Items." By adding this category to the agenda, the council will have a smooth and transparent way to add items to the next available agenda. They will also be able to solicit support without potentially violating open meeting laws.  4.2 (B) (4)  The staff recommends revising the submittal process for a Citizen/Group to remove the scheduled public appearance portion and replace the language with the methods for how the resident(s) can have items placed on the agenda. Residents have many opportunities to bring matters to the council; through "Call to the Public," emailing the Mayor and Town Council (email provided on the website) or, contacting the Town Manager.   Distribution of Notices and Agendas 4.3  The staff recommends adding section 4.4. Distribution of Materials/Handouts for Proposed Language to Agenda Items. Adding this section will help facilitate the dissemination of council input for items on the current agenda. Currently, the council will bring a copy and disseminate this material at the meeting, typically during the discussion of that item. Providing this information in advance to the Town Clerk will ensure the document is entered into the permanent record and will provide a more transparent method for the council to provide input.   Section 5 - Order of Business    Agenda Staff recommends removing the Scheduled Public Appearance from the Agenda and leaving Presentations. Item #C in this section refers to Section 4.2 of the Rules of Procedure regarding how a citizen(s) or citizen group(s) can place an item on the agenda. The staff is recommending revising this section to include ways for a resident to add an item to the agenda, which would require updating this section as well. Staff recommends adding a "Statement of Participation" to the agenda for all Regular Council Meetings. The Statement of Participation will provide residents attending the meeting with the needed information/instructions to address the council. 5.2 (F) Action Items Staff recommends adding another item in this section to address the online form submitted for written comments regarding an action item appearing on the agenda.  Section 6 - Procedures for Conducting the Meeting  6.6 (E) (1) Addressing the Council. Staff recommends updating the voting procedure to rotate the councilmembers while leaving the Vice Mayor and Mayor as the concluding votes.   Section 9 - Boards, Commissions, and Committees  9.1 - Add the Historic and Cultural Advisory Commission to the regularly scheduled Boards, Commissions, and Committees list. 9.2 - Selection of Board, Commission, or Committee Members Staff recommends updating this section to reflect the current application practice. 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) The staff is recommending that the council review the revisions, provide input, and ultimately approve the revisions to the Rules of Procedure.  SUGGESTED MOTION MOVE to approve Resolution 2023-08 updating the Rules of Procedure as presented.  or MOVE to approve Resolution 2023-08 updating the Rules of Procedure as amended at the March 21, 2023 council meeting. Attachments Resolution 2023-08  Exhibit A - Rules of Procedure  Form Review Inbox Reviewed By Date Finance Director David Pock 03/14/2023 01:37 PM Town Attorney Linda Mendenhall 03/15/2023 01:02 PM Town Manager Grady E. Miller 03/15/2023 01:09 PM Form Started By: Linda Mendenhall Started On: 03/14/2023 10:38 AM Final Approval Date: 03/15/2023  RESOLUTION 2023-08 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING THE TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE, AMENDED AND RESTATED MARCH 21, 2023 ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS as follows: SECTION 1. That the Town of Fountain Hills, Arizona Town Council Rules of Procedure, Amended and Restated March 21, 2023, are hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 21st day of March, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _______________________________ _______________________________ Ginny Dickey, Mayor Linda G. 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, ARIZONA TOWN COUNCIL RULES OF PROCEDURE AMENDED AND RESTATED MARCH 21, 2023 APP. E - Page 1 Rules of Procedure - 2/21/2023 3/21/2023 SECTION 1. RULES OF PROCEDURE/AUTHORITY 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council, Boards, Commissions and Committees: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones D. Roberts Rules of Order, 12th 10th edition, as amended In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the Town Clerk, whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over to the next regular Council meeting. 1.3 PARLIAMENTARIAN The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the agenda. APP. E - Page 2 Rules of Procedure - 2/21/2023 3/21/2023 SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an agenda is a formal listing of items to be considered by (i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or Committee at a noticed meeting of that body. The content of the agenda may not be changed less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall the agenda be altered less than 24 hours prior to the public meeting, unless otherwise authorized by State law. 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The agenda Packet is organized as set forth in the Order of Business in Section 5 below and is made available electronically to the Council or to any citizen on the Town's website: www.fh.az.gov www.fountainhillsaz.gov by 6:00 p.m. the Thursday prior to the date of the meeting. 2.3 CONSENT AGENDA Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda 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 by notifying the Town Manager prior to the date of the meeting. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. 2.5 COUNCIL RULES These Town of Fountain Hills, Arizona Town Council Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or Committee members discuss, propose or take legal action, including any deliberations by a quorum with respect to such APP. E - Page 3 Rules of Procedure - 2/21/2023 3/21/2023 action. If a quorum is not present, those in attendance will be named for the record by the Town Clerk or the staff liaison for a Board, Commission or Committee. 2.7 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona. 2.8 NOTICE A formal announcement to the public that sets the date, time and the place at which a meeting will be held. Such notice of meetings shall be in accordance with the State law, the Town Code and these Council Rules. 2.9 QUORUM The minimum number of Members of the Council, Board, Commission, or Committee that must be present in order for business to be legally transacted. Unless otherwise specified in State law or the town Code, a quorum is the majority of members of the public body. With a seven-member body, a quorum is four members, unless otherwise specifically authorized by State law. 2.10 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances and in compliance with State law. All regular meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings. B. Holidays. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday, unless the meeting is otherwise cancelled by the Council. APP. E - Page 4 Rules of Procedure - 2/21/2023 3/21/2023 3.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers), may convene the Council at any time after giving at least 24 hours' notice of such meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special meeting. In the case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances. 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion or upon the written request of three Councilmembers) may convene the Council in a work session at any time after giving notice at least 24 hours in advance of such work session to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such work session. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council than may be possible at a regular meeting. No formal action of the Council may be taken at such work session, other than general consensus or conveying direction to staff for further action. These work sessions shall not provide for a “Call to the Public.” 3.5 EXECUTIVE SESSIONS Subject to applicable State law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town. 3.6 EMERGENCY MEETINGS As provided for by State law, the Mayor and Council or the Town Manager may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24 hours or more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the emergency meeting’s agenda and a brief but complete description of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public." APP. E - Page 5 Rules of Procedure - 2/21/2023 3/21/2023 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With exception of executive sessions, all regular, special and work session meetings of the Council, Boards, Commissions, and Committees shall be open to the public. B. Public Comment. Public comment is not taken at work sessions, emergency meetings or at special meetings, unless the special meeting is held in place of a regular meeting, or unless the special meeting includes a public hearing on the agenda. 3.8 MINUTES OF MEETINGS A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session meetings of the Council for the purpose of taking notes and/or audio recordation of the meeting. The Town staff liaison to each Board, Commission or Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or audio recordings of the meetings. B. Recordings; written minutes. To the extent possible, all open, public meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed and actions taken are compiled and entered into the permanent Minute Book of the Town and kept on file and of record in the Office of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. Minutes shall identify speakers by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided at the meeting. C. Availability. All meeting minutes of the Council, Boards, Commissions, and Committees are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open meetings of the Council, Boards, Commissions, and Committees must be available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by State law. The Town Clerk or designee shall ensure that the minutes of all regular, special meetings and work sessions of the Council, Boards, Commissions, and Committees are made available through the Town's Web Site, www.fh.az.gov www.fountainhillsas.gov within two working days following their approval, or as provided by State law. D. Executive Sessions. Minutes of executive sessions (1) shall be confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State law. APP. E - Page 6 Rules of Procedure - 2/21/2023 3/21/2023 E. Approval. Minutes of all meetings of the Council (other than executive sessions) may be approved under the consent agenda, unless removed for discussion and separate action. SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than 24 hours before the date and time set for said meetings in accordance with State law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for the Council. B. Locations. Meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall, and the Town's website [www.fh.az.gov]. www.fountainhillsaz.gov 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or authorized designee, shall prepare the agendas for all meetings of the Council as set forth below. Agendas of all meetings of the Council shall generally be available to the public no less than 72 hours prior to said meetings, except in exceptional circumstances. In no event shall the agenda be made available less than 24 hours prior to said meeting unless authorized by State law. Agendas and agenda packet materials are made available through the Town's website. The staff liaison to each Board, Commission or Committee shall ensure that the agenda is available in the same manner as required for the Council. B. Submittal Process. Items may be placed on the Council agenda for discussion and possible action by the following process (the agenda process for Boards, Commissions or Committees shall be as determined by the applicable Department Head which shall be substantially the same as the Council agenda submittal process): 1. All Departments: Preparation of the Staff Report with signatures of the department director and staff (including all attachments) provided to the Town Clerk for submittal to the Town Manager not later than two business days prior to agenda packet preparation day (the Tuesday prior to the meeting date). Town Manager approves/amends items and signs off, finalizing the item for inclusion in the agenda packet. 2. Mayor and Councilmembers: The Mayor or a three Councilmembers with the support of two additional councilmembers may direct the Town Manager through the Future Agenda Item Category a written request to place an item on the next available agenda for consideration and possible action. APP. E - Page 7 Rules of Procedure - 2/21/2023 3/21/2023 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the agenda by including appropriate documentation. 4. Citizen or Group: A citizen or group may request an item be placed on an agenda through the Manager, Mayor, or a Councilmember as indicated above. apply to have an item placed on the agenda as follows: a. Obtain a "Scheduled Public Appearance/Presentation" form from the Town Clerk and, when completed, return it to the Town Clerk for submission to the Town Manager. b. The Town Manager or authorized designee shall research the issue to determine if it may be handled administratively or will require Council discussion. If it is determined that the matter should be placed before the Council, the Town Manager shall ensure that documentation, if any, is compiled and the material included in the agenda packet. If the Town Manager determines that the subject should not be placed on the agenda, an individual wishing to have an item on the agenda as a "Scheduled Public Appearance" may (i) ask that the request be forwarded to the Mayor for consideration or (ii) obtain the written request of three members of the Council to place the item on the agenda, and submit that request to the Town Manager. c. The Town Manager may postpone the requested appearance/ presentation date, if additional staff time is needed to research a proposed agenda item. C. Time Lines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than nine calendar days prior to regular and special meetings to ensure timely delivery to Councilmembers. 2. Agenda items for work sessions shall be submitted to the Town Manager by 2:00 p.m., not less than seven calendar days prior to the meeting to ensure timely delivery to Councilmembers. 3. The Town Manager may approve exceptions to the schedule above in order to ensure that the distribution of all agenda packets to the Council is in conformance with these Council Rules. 4. Any requests requiring audio/visual support must be submitted to the Town Clerk for coordination with the information and technology division a minimum of 48 hours prior to the meeting to ensure proper coordination and preparation. Department directors are responsible for obtaining presentation materials from applicants or presenters APP. E - Page 8 Rules of Procedure - 2/21/2023 3/21/2023 involved in their respective agenda items. D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on the agenda for Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: 1. Submission by a Councilmember, the Town Manager, or the Town Attorney (with notice to all Councilmembers). 2. Submission by the Mayor (with notice to all Councilmembers). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant to state law. 4. The Town Attorney shall advice advise the Town Clerk regarding the appropriate agenda language of executive session items. E. Agenda Packets. Full agenda packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members electronically, five days before regular meetings and work sessions; provided, however, that agenda packets may be supplemented later under special circumstances so long as no agenda packet material is made available less than 72 hours prior to the meeting, except in the case of exceptional circumstances or an emergency meeting. F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 72- hour posting deadline will be announced by the Mayor at the beginning of the meeting at which the item was scheduled. The posted agenda will remain unchanged. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided for said meeting electronically, not less than 72 hours prior to the meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the meeting notices, agendas and packet documentation, as deemed necessary, are posted to the Town's website: www.fh.az.gov www.fountainhillsaz.gov and made available to the Mayor and Council, the public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the date of the meeting. C. Amendments. A posted agenda may be amended up to 72 hours prior to such meeting. In exceptional circumstances, such agenda may be amended up to, but not less than, 24 hours prior to the designated meeting, unless otherwise authorized by State Law. Amended agendas shall indicate the date amended. APP. E - Page 9 Rules of Procedure - 2/21/2023 3/21/2023 4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS Mayor and Councilmembers: The Mayor and Councilmembers may submit a written document/handout for councils' consideration regarding an item on the next council agenda. The document/handout must be presented to the Town Clerk no later than 3:00 pm the day of the council meeting. Handouts submitted after the deadline will not be disseminated to the council for consideration at that meeting. The Town Clerk will place any Councilmember’s handout(s) along with any online public comment cards at each station on the dais prior to the council meeting and will announce the documents when that agenda item is under consideration. This process will ensure the Town Clerk has the written document/handout for the permanent record, solve any transparency issues, minimize any potential open meeting violations, and avoid any disruption during the council meeting. SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS The agenda shall be prepared substantially in the following order, but may be amended for brevity: AGENDA Call to Order & Pledge of Allegiance Invocation/Moment of Reflection Roll Call Statement of Participation Reports by Mayor, Councilmembers and Town Manager (including proclamations) (No discussion) APP. E - Page 10 Rules of Procedure - 2/21/2023 3/21/2023 Scheduled Public Appearances/Presentations (if any) Call to the Public (Non-agenda items) (preceded by the following paragraph) Pursuant to ARIZ. REV. STAT. § 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 the matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda (preceded by the following explanatory paragraph) All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote 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 item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Action Items (grouped by subject to the extent possible) Council Request for Information From Town Manager Council Discussion/Direction to the Town Manager Future Agenda Items Adjournment All agendas shall have the following statement placed at the bottom: The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection or Invocation and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or authorized designee to call the Roll, and the names of Councilmembers both present and absent shall be entered into the minutes. APP. E - Page 11 Rules of Procedure - 2/21/2023 3/21/2023 The order of roll call shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to the Mayor's far left. B. Statement of Participation. Following the Roll Call, the Town Clerk will read the Statement of Participation at each Regular meeting and will consist of the following: Anyone wishing to address the council regarding items listed on the agenda or under “Call to the Public” should fill out a request to comment card located in the back of the council chambers and hand it to the Town Clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Please limit your comments to three minutes. It is the policy of the Mayor and Council to not comment on items brought forth under “Call to the Public.” However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council meeting. B. C Reports by Mayor, Councilmembers and Town Manager The Mayor may use Reports to read proclamations or conduct other ceremonial matters as listed on the posted agenda and reports may be given by the Mayor, Councilmembers and Town Manager on current events and/or activities. (The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during the reports.) C. D Scheduled Public Appearances/Presentations. The process set forth in Subsection 4.2(B) (4) above applies to members of the public or groups wishing to place an item on the agenda under "Scheduled Public Appearances/Presentations". If the request is approved by the Town Manager, the item will appear on the agenda. The Town Manager shall endeavor to limit the total time for such presentations to ten minutes individually and 30 minutes collectively per Council meeting. The Town Manager and Councilmembers may use the "Scheduled Public Appearances/Presentations" section to provide the council with an update from Department Directors, contracted service providers, neighboring jurisdictions, and regional organizations. of on official activities, as listed on the posted agenda. D. E Call to the Public. 1. All citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non-agenda item. 2. All citizens and interested parties wishing to speak before the Council shall fully complete a Request to Comment form (Request Form). Request forms submitted by those who indicate they will not speak will be grouped together in the order in which the cards were received and by the categories of "for" and "against" relating to the item indicated on the request forms. The Town Clerk will announce the number of cards received, if any, and t h e number received per category. 3. At the conclusion of each citizen's comments, the Presiding Officer may take any or APP. E - Page 12 Rules of Procedure - 2/21/2023 3/21/2023 all of the following actions: a. Thank speaker for addressing issue. b. Ask staff to review matter. c. Ask that a matter be put on a future agenda. d. Permit individual Councilmembers to respond to criticism raised during the Call to the Public 4. At the discretion of the Presiding Officer a light and/or sound signals may be used to indicate the commencement of the time for speaking and a warning light may flash to show that the appropriate time has passed. A red light will signal that there is no longer any remaining time. E. Consent Agenda 1. The Consent Agenda includes items that are of such a nature that discussion is not required, or issues that have been previously studied by the Council. These items may be adopted by one motion and vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the meeting requests that an item or items be removed for discussion. Councilmembers or the public may not ask a question without removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered in their normal sequence as listed on the agenda, unless called out of sequence as provided under Section 1.4 (Suspension of the Rules) above. F. Action Items. 1. At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk, or authorized designee, will then call the request forms of those citizens desiring input and comments. All citizens and interested parties wishing to speak before the Council shall fully complete request forms and submit the forms to the Town Clerk, or authorized designee, prior to Council discussion of that agenda item. Sufficient request forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed request forms will be retained by the Town Clerk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be summarized and included in the meeting minutes. Speakers will be called in the order in which the request forms were received. If a speaker chooses not to speak when APP. E - Page 13 Rules of Procedure - 2/21/2023 3/21/2023 called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. 2. Those speaking before Council will be allowed three contiguous minutes to address Council, but time limits may be waived, upon advice of the Town Attorney, by (a) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a meeting, (b) consensus of the Council at a meeting or (c) the Mayor either prior to or during a meeting. Speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. 3. Residents may also use the online request form to provide input regarding an item on the agenda. The online form is found on the Towns website. The resident must completely fill out the online form and submit it no later than 3:00 p.m. on the day of the council meeting for this item. The Town Clerk will place copies at each councilmembers station on the dais, and when the item is up for discussion after all of the in-person comments have concluded, will read the speaker’s name and whether or not they are “for” or “against” the item for the public record. Written comments provided through the online form, will not be read out loud at the meeting. 3. 4 The purpose of all public comments is to provide information and the speaker's views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer and not to individual Councilmembers. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Councilmember shall engage in debate directly with such speakers, representatives or Town staff. 4. 5 Proper decorum, in accordance with Section 6.4 below, must be observed by Councilmembers, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Councilmembers, Town staff or members of the public are not allowed. 5. 6 Generally, agenda items requiring public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: APP. E - Page 14 Rules of Procedure - 2/21/2023 3/21/2023 a. The Presiding Officer will announce the matter that is set forth for a public hearing, will then open the public hearing, and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant to speak regarding the matter. c. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. d. The Presiding Officer may then call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. e. Upon the conclusion of Council comment, the Presiding Officer will call for action on the motion. f. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on a public hearing item become part of the record of the public hearing and shall be maintained by the Town Clerk. g. Ten collated sets of written or graphic materials should be provided by the speaker to the Town Clerk prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8”x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. The appropriate staff member shall be responsible to notify applicants of this requirement. 6. 7 Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the agenda item, limit repetitive testimony, and limit the amount of time per speaker. Upon approval of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed to speak longer than three minutes. Councilmembers may ask the individual speaker questions through the Presiding Officer. 7. 7 Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. G. Council Request for Information from Town Manager. Council Discussion/Direction to the Town Manager. The Council may (1) request the Town Manager to follow-up on matters presented at that meeting; and/or (2) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. APP. E - Page 15 Rules of Procedure - 2/21/2023 3/21/2023 H. Adjournment. The open, public meeting of the Council may be adjourned by consensus of the Council. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special meeting is being held as an extension of or in place of a regular meeting, the agenda shall be as set forth for a regular meeting. B. Generally. For all other special meetings, the agenda shall be prepared in the following order: AGENDA Call to Order Roll Call Consent Agenda (if needed - explanatory paragraph same as regular meeting) Action Items (grouped by subject to the extent possible) Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. The work session agenda shall be prepared in the following order: Call to Order Roll Call Work Session Statement (explanatory statement) All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. APP. E - Page 16 Rules of Procedure - 2/21/2023 3/21/2023 Agenda Items for Discussion (Items Numbered for Order) Adjournment SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each question immediately prior to calling for discussion and the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 6.4 RULES/DECORUM/ORDER A. Points of Order. The Presiding Officer shall determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum 1. Councilmembers: Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. APP. E - Page 17 Rules of Procedure - 2/21/2023 3/21/2023 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. 3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells shall not be permitted by the Presiding Officer, who may direct a law enforcement officer to remove such offender/s from the room. C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the Council, staff and guests. It is the responsibility of the Presiding Officer of the meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time (2) end the speaker's time at the podium or (3) direct a law enforcement officer present at the meeting to remove from the meeting the person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate in the meeting by telephone, the Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or authorized designee, notice of his/her inability to be present at the meeting at least 48 hours prior to the meeting. B. Notation on Agenda. The notice of the meeting and the agenda shall include the following: "Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. Facilities will be used at the meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone. 6.6 ADDRESSING THE COUNCIL APP. E - Page 18 Rules of Procedure - 2/21/2023 3/21/2023 A. Manner of Addressing the Council. 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seating area of the Council Chamber. At the podium, the speaker shall clearly state his/her name for the record and shall indicate if he/she is a Town resident. 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk 48 hours before a meeting to request an accommodation to participate in the meeting. B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Council by any member of the public during the "Call to the Public: (Non-agenda Items)" or under an action item, shall be subject to the following limitations: 1. All citizens wishing to address the Council shall complete and submit a request form as set forth in Subsection 5.2(F) above. 2. The Presiding Officer may limit the number of speakers heard on non- agenda topics at any single meeting to allow the meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn c. Recess d. Raise a question of Privilege e. Table f. Limit or extend limits of debate g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely APP. E - Page 19 Rules of Procedure - 2/21/2023 3/21/2023 j. Main Motion 3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. 4. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: a. A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if applicable). 7. Motion to Continue: Motions to continue shall be debatable only as to the propriety of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. D. Addressing the Council after Motion is made. After the motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. APP. E - Page 20 Rules of Procedure - 2/21/2023 3/21/2023 E. Voting Procedure. After discussion has been concluded and the Mayor, the Councilmember who made the motion or the Town Clerk has restated the motion under consideration, the following procedure shall apply: 1. Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the meeting minutes. Upon the request of the Mayor or a Councilmember, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Councilmembers voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Councilmember has declared a Conflict of Interest, the Town Clerk shall include a statement such as "Abstained due to declared Conflict of Interest" in the official minutes as part of the results of the vote. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of all members in random order with each new vote concluding the vote with the Vice Mayor and Mayor respectively. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All Councilmembers in attendance at a duly called meeting that requires formal Council action are required to vote. A member may abstain from voting only if he/she has a conflict of interest under State law, in which case such member shall take no part in the deliberations on the matter in question. b. Should a Councilmember fail to vote or offer a voluntary abstention, his/her vote shall be counted with the majority of votes cast, unless the Councilmember's vote is excused by the State law; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any Councilmember who voted with the majority may move a reconsideration of any action at the same or next regular meeting. To ensure that the open meeting law requirements are met, a written request from such Councilmember must be submitted to the Town Clerk’s Office at least nine days prior to the next regular meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous APP. E - Page 21 Rules of Procedure - 2/21/2023 3/21/2023 consent of the Council. 4. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Council. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision, which might unduly affect their personal interests or those of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all actions taken by Councilmembers, Board members, Commissioners, and Committee members. 7.4 DISCLOSURE OF INTEREST Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State law. Any member who has a conflict of interest in any decision must disclose that interest at the meeting and in writing on a form provided by the Town Clerk. The disclosure of the conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public inspection all documents necessary to memorialize all disclosures of a conflict of interest by a member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the matter with anyone APP. E - Page 22 Rules of Procedure - 2/21/2023 3/21/2023 involved in the decision making process in any manner. Further, the member should not otherwise attempt to influence the decision and should remove himself/herself from the Council Chamber, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8 below. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest and the Council, Board, Commission or Committee is unable to act in its official capacity, members may participate in the discussion and decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of the compensation they would normally be entitled to for performing their duties or (B) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State law. 7.9 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Council to encourage members to adhere to strongly held ethical values, which are exercised in good faith. However, subsection 6.6(E) (2) above encourages participation in the decision making decision- making process unless the matter involves a statutory conflict of interest set forth by State law. SECTION 8. CODE OF ETHICS The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Council and members of the Town's boards, commissions, and committees. In furtherance of this purpose, we shall: 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF APP. E - Page 23 Rules of Procedure - 2/21/2023 3/21/2023 FOUNTAIN HILLS. 8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP. We shall honor and respect the principles and spirit of representative democracy and shall set a positive example of good citizenship by scrupulously observing the letter and spirit of laws, rules, and regulations. 8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. 8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS. A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. B. Impression of Influence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influenced in the performance of our official duties. 8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE. We shall treat our office as a public trust, only using the power and resources of public office to advance public interests and not to attain personal benefit or pursue any other private interest incompatible with the public good. 8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS; ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND IMAGE OF PUBLIC SERVICE. A. Accountability. We shall ensure that government is conducted openly, efficiently, equitably, honorably, and in a manner that permits the citizens to become fully informed to allow them to hold Town officials accountable. B. Respectability. We shall safeguard public confidence in the integrity of Town government by being honest, fair, caring, and respectful, and by avoiding conduct creating the unexplainable appearance of impropriety, or impropriety of which is otherwise unbefitting a public official. 8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL APP. E - Page 24 Rules of Procedure - 2/21/2023 3/21/2023 OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. A. Private Employment. We shall take any steps necessary to ensure that we comply with the State law regarding conflicts of interest when we engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests or conduct a private business. B. Confidential Information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift - of any value - whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to hospitality, transportation or other assistance provided to Town officials when such hospitality, transportation of or other assistance is (i) directly related to their participation in community events as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy. D. Investment in conflict with official duties. We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be the appearance of conflict of interest or a conflict of interest 8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE. 8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL'S POLICIES. All members of the Council, boards, commissions, or committees shall acknowledge in writing, on a form provided by the Town Clerk, receipt of these provisions relating to ethics. SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills' Council may create such boards, commissions, and committees as deemed necessary to assist in the conduct of the operation of Town government. The Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. APP. E - Page 25 Rules of Procedure - 2/21/2023 3/21/2023 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. Classification. All boards, commissions, and committees of the Town shall be classified as regularly scheduled or unscheduled boards, commissions, and committees. Regularly scheduled boards, commissions, and committees are those that meet on a regularly- scheduled basis or may be quasi-judicial in nature. Unscheduled boards, commissions, and committees meet on an as-called basis. B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees include: 1. Planning and Zoning Commission 2. Community Services Advisory Commission 3. McDowell Mountain Preservation Commission 5. Strategic Planning Advisory Commission 6. Sister Cities Advisory Commission 6. 7. Municipal Property Corporation 8. Historic and Cultural Advisory Commission C. Unscheduled. Unscheduled boards, commissions, and committees: 1. Ad Hoc Committees 2. Board of Adjustment D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment, any board, commission, or committee created shall cease to exist (1) upon the accomplishment of the special purpose for which it was created or (2) when abolished by a majority vote of the Council. 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS A. Call for Applications. The call for applications to fill vacant seats for boards, commissions and committees may include a request for: 1. A cover letter of interest. APP. E - Page 26 Rules of Procedure - 2/21/2023 3/21/2023 2. A resume. 3. 1 The application that describes the applicant’s skills, experience, and education educational background needed to ensure the successful filling of the vacancy. Applicants may submit a resume along with the application; however, not in lieu of filling out the application. 4. 2 Responses to the supplemental questionnaire specific to a board, commission, or committee application, if such questionnaire is included. 5. 3 The consent to executive session form. 6. 4 If a member whose term will be expiring wishes to reapply for an additional term on the same board, commission or committee, such member is exempt from filing those items listed in Subsections 9.2 (A)(1-4 2). However, such member shall submit in writing, on a form provided by the Town Clerk that includes a request for the Council's consideration of reappointment in addition to the consent to executive session as listed in Subsection 9.2(A)(5). The member may include any new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. The Town Clerk shall be responsible for advertising to fill vacant seats to boards, commissions, and committees for at least two weeks and no later than two months, prior to the expiration of the current board, commission, or committee member(s) term, via: 1. The Town's government access channel. 2. Newspaper advertising. 3. The Town website. 4. The Town's official posting sites as listed in Section 2-4-3 of the Fountain Hills Town Code. The downloadable application packet will be placed on the Town's website for public access with hard copies made available to the public through the Customer Service Representative. C. Advertisement Contents. Advertisement of vacancies shall include the following: 1. The name of the board, commission, or committee. 2. The number of vacancies to be filled. 3. A brief description of the board, commission, or committee. APP. E - Page 27 Rules of Procedure - 2/21/2023 3/21/2023 4. A brief description of the qualifications, skills and experience background applicants should possess, if any. 5. An overview of when the board, commission, or committee meets. 6. The deadline for submitting applications. 7. Listing of applicant information required and location where application packets may be obtained. 8. Staff liaison contact information. 9. The dates of publication in the local paper. D. Staff Review. Individuals applying for boards, commissions, or committees must submit to the Town Clerk those items as listed in Subsection 9.2(A) above by the published deadline. The Town Clerk and Staff Liaison will review the application(s) to ensure that the applicant(s) meet the qualifications as listed in Subsection 9.4(A) below. E. Council Materials. The staff liaison to the board, commission, or committee will assemble and copy all application packets and provide all supporting materials to all Councilmembers. F. Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after meeting to review all of the applications. The staff liaison will schedule an appropriate time to interview qualified applicants in person or via telephone, and shall prepare and post the agenda for an executive session in accordance with the Arizona open meeting law for said interviews. Interviews shall be conducted in Executive Session unless the applicant requests the interview be held at a public meeting. G. Subcommittee Recommendation. After the interviews have concluded, the staff liaison, Town Clerk or the Council Subcommittee chair shall advise the Mayor of the subcommittee's discussion and appointment recommendation(s). H. Council Consideration. The Town Clerk shall prepare the Staff Report according to the submission deadline for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to recruit applicants, (2) the number of vacancies to be filled along with the names of those members whose terms expire, (3) the number of applications received and (4) the specific term to be filled. I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a APP. E - Page 28 Rules of Procedure - 2/21/2023 3/21/2023 possible candidate for appointment to a board, commission, or committee and suggest that he/she may want to be present at the scheduled meeting when the recommendation is presented to the Council. J. Notification of Council Action. Following the Council's approval of the Mayor's appointment(s) to a board, commission, or committee, the Town Clerk shall notify appointees as to their appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law Affirmation for their signature and return. Those applicants not chosen to fill a vacancy on a board, commission, or committee, will be provided written notification by the Town Clerk outlining the Council's appointments and they will be provided with an application of interest for consideration of applying for any other board, commission and committee vacancies. K. Appointee Orientation. The staff liaison will provide specific details to the new appointees relative to: (1) their attendance at the "official" board, commission, or committee orientation, and (2) all official literature, agendas, minutes, or other materials specific to their appointment. 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Appointments Subcommittee. The Mayor may annually appoint Council Subcommittees for board, commission and committee appointments. Each subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Council shall review applications and conduct interviews for the various boards, commissions, and committees to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review applications, interview applicants (typically in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. C. Appointment Timing. The process of application review and interviews will be conducted in such a manner as to allow for the appointments to coincide with the term expiration of the current board, commission or committee member(s) term or as soon thereafter as reasonably possible. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS A. Minimum Qualifications. All members of boards, commissions, and committees shall meet the following minimum qualifications upon their appointment to any board, commission, or committee. Each member must be: 1. Eighteen years of age or older, for any board, commission, or committee seats, designated by Council; except for members appointed to Youth Commissioner position APP. E - Page 29 Rules of Procedure - 2/21/2023 3/21/2023 for youth representation. 2. A Fountain Hills resident for at least one year, unless the Council specifically waives this time or residency requirement for a specific board, commission or committee. 3. A qualified elector, except for youth appointees. B. Prohibited Appointees. Town employees or appointed officers shall not be eligible for appointment to any board, commission, or committee but may be requested to provide staff support thereto. Councilmembers are prohibited from serving on regularly scheduled commissions as listed in Subsection 9.1(B) above and the Board of Adjustment. C. Ex-Officio Members. The Mayor, with the consent of the Council, may from time to time appoint ex-officio members to those boards, commissions or committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council. Ex-officio members shall not be entitled to vote on any matter brought before the commission. 9.5 TERMS, VACANCIES, REMOVAL A. Terms. All members of unscheduled boards, commissions, and committees shall serve a term of up to three years, or until the board, commission, or committee is dissolved, unless Council action, Town Code, or Arizona Revised Statutes specifically designates terms. B. Staggered Terms for Smaller Boards. For those regularly scheduled boards, commissions, and committees having five members or fewer, the terms of office shall be staggered so that no more than two terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any boards, commission, or committee that will be in existence for a single term. C... Staggered Terms for Larger Boards. For those boards, commissions, and committees having more than five members but less than eight members, the terms of office shall be staggered so that no more than three terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any board, commission, or committee that will be in existence for a single term. D. Simultaneous Service Limitation. No individual may serve as a voting member on more than one regularly scheduled or unscheduled board, commission, and committee at one time. E. Vacancies. A vacancy on a board, commission, or committee shall be deemed to have occurred upon the following: 1. Death or resignation of a member of a board, commission, or committee. APP. E - Page 30 Rules of Procedure - 2/21/2023 3/21/2023 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council has provided that such member may be a non-resident. 3. Three successive unexcused or unexplained absences by a member from any regular or special board, commission, or committee meetings. However, the term of all members shall extend until their successors are appointed and qualified. F. Removal. Any board, commission, or committee member may be removed as a member to that board, commission, or in accordance with Article 2A-1 of the Fountain Hills Town Code. G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or committee procedures described in Sections 9.2, 9.3, and 9.4 above will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. One exception to this rule is that if a vacancy should occur within twelve months of a subcommittee’s interviewing process for said board/commission/committee, and the subcommittee had submitted a ranking of those previously interviewed, a recommendation may be forwarded to the mayor for appointment of the unexpired term based on said ranking. H. Re-appointment. An incumbent member of a board, commission, or committee seeking reappointment shall submit, in writing on a form provided by the Town Clerk that includes a request for the Council's consideration of reappointment in addition to the consent to executive session form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is relevant to the original application already on file. 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All boards, commissions, and committees are subject to the Arizona Open Meeting Law and therefore shall attend the Town's Annual Open Meeting Law training. 9.7 RESIDENCY REQUIREMENT Members of all boards, commissions or committees shall be residents of the Town. ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/21/2023 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 8  Legislative Bulletin - Issue 9  Form Review Inbox Reviewed By Date Finance Director David Pock 03/14/2023 11:53 AM Town Attorney Linda Mendenhall 03/14/2023 03:01 PM Town Manager Grady E. Miller 03/14/2023 03:03 PM Form Started By: Linda Mendenhall Started On: 03/14/2023 10:20 AM Final Approval Date: 03/14/2023  Legislative Bulletin: Today is the 57th day of the 2023 legislative session. A total of 1,625 bills, memorials and resolutions have been introduced, including 74 strike-everything amendments. The deadline to hear bills in the opposite chamber is still a few weeks out. This past week saw a significant number of bills undergoing floor action in both chambers, including Committee of the Whole (COW) and Third Read whereby measures are debated and approved by the full body. Administrative Approvals SB1103 (administrative review; approvals; developments), sponsored by Senate President Warren Petersen (R-Gilbert), was signed into law by the governor. Zoning Preemption Bill SB1117 (S/E: housing; infrastructure), sponsored by Senator Steve Kaiser (R- Phoenix), awaits a debate in the full Senate. The League encourages its members to reach out to senators to oppose the bill. Emails and phone numbers can be accessed here- https://www.azleg.gov/MemberRoster/?body=S SB1063 (food; municipal tax; exemption...), sponsored by Senate Majority Leader Sonny Borrelli (R-Lake Havasu City) was passed by the full Senate on Monday (16-13-1) and transmitted to the House for consideration. The League opposes the bill as it lowers municipal transaction privilege tax revenues by approximately $570 million over the next three years, according to the Joint Legislative Budget Committee. City & Town Elections SCR1023 (charter cities; repeal), sponsored by Senator Justine Wadsack (R- Tucson), would remove the authority of a city to form as a charter city. The measure failed to pass Senate Third Read on Tuesday and a motion to reconsider was carried that same day. The measure will likely go up for another vote later this week. Legislative Bulletin Issue 8 - March 3, 2023 SCR1027 (cities; towns; elections), sponsored by Senator Justine Wadsack (R- Tucson), would eliminate citywide elections for city or town council members elected by district, ward, precinct or other geographic designation. It also prohibits cities and towns from allowing rank-choice voting for candidates in any manner other than with a single vote for one candidate for each office to be filled. The bill was debated in Senate COW on Thursday. Backyard Chickens HB2483 (backyard fowl; regulation; prohibition), sponsored by Representative Kevin Payne (R-Glendale), would preempt municipalities from banning more than six fowl in backyards in a single-family detached residence that is one-half acre or less. The bill passed the House on Tuesday (31-28-1) and was transmitted to the Senate on Wednesday. HB2094 (mobile food vendor; operation; rules), sponsored by Representative Kevin Payne (R-Glendale) was approved by the House on Third Read (31-26-3) on Tuesday and transmitted to the Senate for consideration on Wednesday. The bill prohibits a city or town from requiring mobile food vendors to pay more than a $50 licensing fee per year, allows food truck operations in residential areas, and precludes background checks of operators unless the requirements includes a fingerprint clearance card. The measure passed the House on Third Read on Tuesday (31-26-3) and was transmitted to the Senate on Wednesday. HB2756 (law enforcement; defunding; prohibition), sponsored by Representative David Marshall (R-Snowflake), would prevent municipalities from lowering a law enforcement agency’s budget below the previous year and withhold state shared revenues until the budget is restored for municipalities choosing to do so. The bill was retained on the House COW calendar on Wednesday. Auditor General Access SB1650 (auditor general; duties; access), sponsored by Senate Majority Leader Sonny Borrelli (R-Lake Havasu City), would require municipalities to provide facilities for Office of the Auditor General (OAG) staff and to make records available in a prescribed form at such time. The OAG is also authorized to prosecute violations. The League signed in opposed as the bill does not make clear which records are being referenced and supports clarification such that it does not include executive session records. The measure passed Senate Third Read (16-14-0) on Thursday. Zoning Ordinances HB2547 (zoning ordinances; property rights; costs), sponsored by House Speaker Ben Toma (R-Glendale), would require the legislative body of a municipality to consider a housing impact statement regarding the impact of a zoning ordinance or zoning ordinance text. This must include a general estimate of the probable impact on the average cost to construct housing for sale or rent, as well as a description of any data or reference material and a description of any less costly or less restrictive alternative methods. The bill passed Third Read in the House on Thursday (31-28-1). New Counties in Maricopa SB1137 (Maricopa county; division; new counties), sponsored by Senator Jake Hoffman (R-Queen Creek), would divide Maricopa County into four counties by modifying the boundaries of Maricopa County and adding three new counties dubbed Hohokam County, Mogollon County and O’odham County. The bill received a do pass recommendation by Senate COW on Thursday. Gun Shows Preemption SB1428 (political subdivisions; gun shows; preemption), sponsored by Senator Justine Wadsack (R-Tucson), would prohibit cities and towns from regulating gun shows. The bill passed Senate Third Read on Wednesday (16-12-2). SB1697 (highways; bicycle paths; walkways; prohibition), sponsored by Senator Jake Hoffman (R-Queen Creek), would have prohibited the Arizona Department of Transportation from accepting federal aid for the design and construction of a bicycle path or pedestrian walkway. The bill failed Senate Third Read on Wednesday (15-13-2). 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 Legislative Bulletin: Today marks the 64th day of the 2023 legislative session. To date, a total of 1,626 bills, memorials and resolutions have been introduced. Eighteen bills have been sent to the governor’s desk, of which two have been signed into law, and 16 were vetoed. Next week will be the final opportunity for committees to hear bills from the opposite chamber in committee. League Resolutions SB1189 (municipal tax code commission; continuation), sponsored by Senator J.D. Mesnard (R-Chandler), would continue the Municipal Tax Code Commission (MTCC) until July 1, 2027. The bill also repeals the MTCC on Jan. 1, 2028. The measure was unanimously approved by the House Ways & Means Committee on Wednesday. On Monday, the Senate approved SB1006 (municipal notices and ordinances; posting), a bill sponsored by Senator John Kavanagh (R-Fountain Hills), with a vote of 16-13-1. On Wednesday, the bill was referred to the House Government Committee. Charter Cities On Tuesday, the Senate passed SCR1023 (charter cities; repeal), a bill sponsored by Senator Justine Wadsack (R-Tucson), with a vote of 16-14-0. The League opposes this measure as it contradicts the principle of home rule charter, which grants local autonomy over purely municipal matters while maintaining state legislative authority over joint municipal and statewide issues. Additionally, the League supports city charters as they provide important governance, administration and budgeting procedures that have been approved by local voters and are a fundamental aspect of the Arizona Constitution. Tax Cuts Legislative Bulletin 9 - March 10, 2023 Senator J.D. Mesnard (R-Chandler) sponsored SB1577 (income tax rate reduction; surplus) and SCR1035 (surplus; income tax rate reduction), which would mandate the Joint Legislative Budget Committee to calculate an individual income tax reduction amount each fiscal year. These proposals would decrease individual income tax rates by 50% of any structural surplus indefinitely, without a mechanism to ensure baseline spending during times of economic hardship. This approach could lead to an undue burden on cities and towns, who may have to reduce services or raise taxes during a recession without any input from local leaders. Ultimately, these measures could shift responsibility downward and create an unsustainable one-way path for the state’s finances. Municipal Elections SCR1027 (cities; towns; elections), sponsored by Senator Justine Wadsack (R- Tucson), was approved by the Senate on Third Read Monday (16-13-1). SB1025 (political signs; tourism zones), a bill proposed by Senator John Kavanagh (R-Fountain Hills), would limit the area of a sign-free tourism zone to no more than 10% of a municipality’s total area. The House Municipal Oversight & Elections Committee approved the bill with a vote of 5-4-1 on Wednesday. HB2808 (public records; time frame), sponsored by Representative Michael Carbone (R-Buckeye), would mandate that entities provide notification to a public records request within five days and impose new penalties for non- compliance. It also adds specific disclosure requirements, including status, contact information and delays. The bill received approval from the full House with a vote of 57-0-3 on Thursday. HB2284 (homelessness; housing; facilities), sponsored by Representative David Livingston (R-Peoria), was debated in House Committee of the Whole on Thursday. The bill is now eligible for consideration by the full House. SB1541 (housing trust fund; unclaimed property.), sponsored by Representative Lela Alston (D-Phoenix), would require the Arizona Department of Revenue to deposit 55% of unclaimed property sale monies annually into the Housing Trust Fund (HTF), with 40% of that money to be used for eligible and viable housing development in rural areas and the remaining $2 million to be deposited into the Seriously Mentally Ill HTF after the HTF deposit. The bill was heard by the Senate Republican and Democrat Caucuses on Tuesday and is now eligible for consideration by the full Senate. Photo Radar Ban SB1234 (prohibition; photo radar), sponsored by Senator Wendy Rogers (R- Flagstaff), was approved by the House Military Affairs & Public Safety Committee on Monday (8-7-0). The League opposes the bill as it bans photo radar despite the system being a safe way of identifying traffic violations, especially as speeding-related fatalities have increased by 21.4% from 2018 to 2021. The Paradise Valley Police Department witnessed a 50% reduction in traffic crashes since implementing photo enforcement in 1987. The League supports municipalities having the option to deploy photo enforcement as an additional safety measure. 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 CLICK HERE Legislative Bill Monitoring