HomeMy WebLinkAboutAGENDApacket__04-04-23_0631_445
NOTICE OF MEETING - AMENDED AGENDA
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, APRIL 4, 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 April 4, 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 Cathy Northrup, Community Church of the Verdes
3.ROLL CALL – Mayor Dickey
4.STATEMENT OF PARTICIPATION
5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
6.PRESENTATIONS
A.PRESENTATION: Overview from Amy St. Peter, Deputy Executive Director, and Ed
Zuercher, Managing Director of Maricopa Association of Governments (MAG), and an
update on current projects.
B.PRESENTATION: Monthly Report by Captain Kratzer of the Maricopa County Sheriff's
Office
C.PRESENTATION: Sunridge Natural Preserve
7.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.
8.CONSENT AGENDA ITEMS
Town Council Regular Meeting of April 4, 2023 3
8.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 21, 2023.
B.PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Approval of a Liquor License
Application for JPC3 LLC DBA Hogwash Saloon, located at 16737 E Parkview Avenue,
Fountain Hills, Arizona, for a Series 6 (Bar) License.
C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-09, abandoning the 10' Public
Utility and Drainage Easements along the north and west sides of 11804 N Spotted Horse
Way (Application A23-000004).
D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-10 to approve the Second
Amendment to the Cooperation Agreement between the Town of Fountain Hills and
Maricopa County for participation in the Community Development Block Grant (CDBG)
Program.
9.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Approving the Third Amendment to
Cooperative Services Agreement 2022-062 with Mesa Energy Systems for HVAC
Maintenance and Repair.
B.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement
2023-065 with Power Tech Contracting LLC, for traffic signal maintenance, emergency
signal maintenance, streetlight repair and utility locating services.
C.CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of
Arizona Cities and Towns' weekly Legislative Bulletin(s) or relating to any action proposed
or pending before the State Legislature.
10.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.
Town Council Regular Meeting of April 4, 2023 4
11.FUTURE AGENDA ITEMS
12.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 April 4, 2023 5
ITEM 6. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Presentations Submitting Department: Administration
Prepared by: Linda Mendenhall, Town Clerk
Staff Contact Information: Rachael Goodwin, Community Services Director/Interim Town
Manager
Request to Town Council Regular Meeting (Agenda Language): PRESENTATION: Overview from Amy
St. Peter, Deputy Executive Director, and Ed Zuercher, Managing Director of Maricopa Association of
Governments (MAG), and an update on current projects.
Staff Summary (Background)
Amy St. Peter, Deputy Executive Director, and Ed Zuercher, Managing Director of the Maricopa
Association of Governments (MAG) will provide an overview of MAG and their purpose. MAG
focuses on regional coordination, local leadership, and applied research to strengthen the greater
Phoenix area. The overview will also include MAG's efforts in response to homelessness in the valley
through the regional homeless Pathway Program and other programs.
Form Review
Inbox Reviewed By Date
Town Attorney Linda Mendenhall 03/28/2023 05:10 PM
Interim Town Manager Rachael Goodwin 03/29/2023 02:07 PM
Form Started By: Linda Mendenhall Started On: 03/28/2023 04:54 PM
Final Approval Date: 03/29/2023
ITEM 6. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Presentations Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director/Interim Town
Manager
Request to Town Council Regular Meeting (Agenda Language): PRESENTATION: Sunridge Natural
Preserve
Staff Summary (Background)
Sunridge Natural Preserve is a proposed project for a 5-acre town-owned parcel at the corner of
Sunridge Dr and Desert Canyon Dr. Originally designated by the town's voter-approved General Plan as
a future fire station and park, the surrounding residents have worked with staff to develop a more
passive, natural approach for the space. The proposed preserve will highlight the natural desert
beauty and topography of the area, maintain scenic views, and increase access to health and wellness
options for residents. The updated proposal includes natural walking trails, including the concept of a
level, all-access route as well as a more challenging route that incorporates natural elevation changes.
All trails would be built with the assistance of the Trailblazers, our current volunteer stewards of the
Fountain Hill Preserve, Overlook Trail, and Botanical Garden. The updated plan calls for the removal of
the previously proposed ramadas and parking lot, per resident feedback. The proposed preserve
would function under the current Fountain Hills Ordinances for preserves including pedestrian access
from sunrise to sunset daily, as well as other regulations including leashed pets, trail regulations, and
removal or disturbance of area vegetation. As a designated town amenity, the preserve would also
have recognized regulations and enforcement including penalties for loitering, misconduct, etc.
Alternative uses for the land include the possible sale of the parcel. Staff is currently working to assess
the fair market value of the property. In order for a town-owned parcel to be placed for sale, a vote of
the council is required. Following council directive, if the parcel were to be made available for
purchase, standard sale practices would apply.
Attachments
Sunridge Natural Preserve Walking Pathways
Form Review
Inbox Reviewed By Date
Inbox Reviewed By Date
Interim Town Manager Angela Padgett-Espiritu 03/27/2023 09:44 AM
Executive Assistant, Comm. Serv. (Originator)Angela Padgett-Espiritu 03/27/2023 10:01 AM
Interim Town Manager Rachael Goodwin 03/27/2023 07:19 PM
Executive Assistant, Comm. Serv. (Originator)Linda Mendenhall 03/28/2023 09:22 AM
Town Attorney Aaron D. Arnson 03/28/2023 09:40 AM
Town Manager Linda Mendenhall 03/28/2023 02:46 PM
Interim Town Manager Rachael Goodwin 03/28/2023 03:00 PM
Form Started By: Patti Lopuszanski Started On: 03/22/2023 10:34 AM
Final Approval Date: 03/28/2023
WWW.FOUNTAINHILLSAZ.GOV
Sunridge Preserve/Walking Paths
$100,000
Fund Source:
Park Development Fee Fund
1
WWW.FOUNTAINHILLSAZ.GOV
Sunridge Preserve: Pedestrian Access and Walking Paths only
•Estimated budget: $100,000 from Park Development Fees
•Partnership with Conservancy Trailblazers-volunteer trail building
•Operation from Sunrise to Sunset only
•Designate as a preserve to allow all Town Ordinances to be enforced
•Remove parking lot and vehicular access area
•Remove shade ramadas
•Install walking paths with pedestrian access from Desert Canyon Dr only
•Include pedestrian bridge and drainage culvert
•Include signage with rules
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 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 21, 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 21, 2023.
SUGGESTED MOTION
MOVE to approve the minutes of the Regular Meeting of February 21, 2023, as presented.
Attachments
Verbatim Transcript
Form Review
Inbox Reviewed By Date
Finance Director David Pock 03/23/2023 06:32 AM
Town Attorney Aaron D. Arnson 03/23/2023 10:26 AM
Town Manager Linda Mendenhall 03/28/2023 02:49 PM
Town Manager Linda Mendenhall 03/28/2023 02:49 PM
Interim Town Manager Rachael Goodwin 03/28/2023 02:54 PM
Form Started By: Linda Mendenhall Started On: 03/22/2023 04:43 PM
Final Approval Date: 03/28/2023
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL February 21, 2023
A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m.
Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn
Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately ninety-four members of the public were present.
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Post-Production File
Town of Fountain Hills
Town Council Meeting Minutes
February 21, 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 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES
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MAYOR DICKEY: Good evening, everyone. Thank you for coming. Please stand if
you'd like for the pledge and remain standing for the invocation.
ALL: I pledge allegiance to the Flag of the United States of America, and to the
Republic for which it stands, one nation under God, indivisible, with liberty and justice
for all.
MAYOR DICKEY: Wonderful.
Rabbi? Is Rabbi Mendy here from -- oh, there you are. Welcome.
RABBI LIPSKIER: Thank you for giving me the opportunity. I feel humbled and
especially grateful to be a citizen and a resident of this great town, and I want to thank
everyone for being here today, taking out of your time to be here. It's a beautiful thing to
see so many of our residents here today and especially the children. It's an amazing
thing. I saw one sign. I don't want to miss -- I saw (indiscernible) sign, so congratulation
to all the amazing children that are here today.
And with that, almighty God, master of the universe, the members of this august
body, the Fountain Hills Town Council, convene here today to fulfill one of the seven
commandments which you issued to Noah and his family after the Great Flood, the
commandment that all societies be governed by just laws.
As stated in the Book of Genesis and its sacred commentaries, you issued at that
time the following seven laws: To worship you and you alone; never to blaspheme your
holy name; not to commit murder; not to commit adultery, incest, or any sexual
misdeeds; not to steal, lie, or cheat; not to be cruel to any living creature; and that every
society be governed by just laws based on the recognition and acknowledgment of you,
oh God, as the sovereign ruler of all humankind and of all nations.
Grant, almighty God, that the members of this chamber constantly realize that by
enacting just laws they are doing your will. Almighty God, I beseech you today to bless
the chamber and our entire nation in the merit of a spiritual giant of our time and of our
country, the Rebbe, Rabbi Menachem and Schneerson of saintly blessed memory. We
will soon mark the 121st anniversary of the Rebbe's birth, a day of reflection and action,
and one which should energize us to be godly beings. Grant, almighty God, that during
this special year of Hakhel gathering, commemorating a once in seven years biblical
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event of unity and spiritual growth, the members of this council, led by the honorable
Mayor Ginny Dickey, be cognizant that their gathering here today fulfills a sacred
purpose and may your blessing rest upon the work of their hands.
Amen.
ALL: Amen.
MAYOR DICKEY: Thank you so much.
Roll call, please? Sorry.
MENDENHALL: Thank you, Mayor.
Mayor Dickey?
MAYOR DICKEY: Here.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Here.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Present.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Present.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Here.
MENDENHALL: Councilmember Toth?
TOTH: Here.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Here.
DICKEY: Thank you.
We begin our meetings with reports from the Mayor, Councilmembers, and Town
Manager.
Do we have any reports today, Grady?
MILLER: I do not. Thank you, Mayor.
MAYOR DICKEY: Thank you.
TOTH: We have the high school boys' basketball team. They are undefeated and they
are currently in their quarterfinals, so everybody wish them good luck.
I am definitely clipping that video and sending it to them. They'll be very happy
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for the support.
So that's my report.
Oh, also Fountain Festival this weekend. Shameless plug.
GRZYBOWSKI: Not shameless plug. It's a great plug. Everybody needs to be
reminded about that.
I attended the Phoenix East Valley Partnership for Critical Infrastructure and
Transportation Committee meeting last week, where we got updates on water as well as
the Prop 400 extension. One of the things that I want to remind everybody is the Prop
400 extension we want approved at the state legislator level, not because they
automatically approve the extension; rather, what it does is give us, the voters, an
opportunity to make a decision on the Prop 400. And I want to make sure that everybody
understands that.
We had two legislative update calls with the Arizona League of Cities and Towns
over the past couple of weeks.
And I also had a chance to sit down with Tom Aiello of the Crisis Response
Team. They've come a long way in the past three years since the last time I sat down
with him. It's amazing the stuff that they've added to their list of things that they do for
us here in town and supporting both of our police as well as our fire emergency services.
I feel like this is a huge missing that we've had here in our emergency response team.
Also, it's my favorite day of the month. It's Stellar Student Day. I love seeing
this place filled with the youngsters.
And I'm going to tell you now before the Mayor even has a chance to talk to you.
You're allowed to stay after you get up and get your picture taken with the Mayor. It's
very exciting, I swear.
Actually, in all honesty, it's really intriguing to see how your government runs and
hear public speaker cards. That they're involved and get to speak to us. It's not just all us
talking to you. They get to talk to us as well.
So if you have had dinner, stay. I'd love it if you did.
Okay. Thank you.
MAYOR DICKEY: Thank you.
Councilman?
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FRIEDEL: Thank you, Mayor.
I did attend Manny's mens store's open house this past week. If you haven't been
down there, they've got some great items down there, so support local.
And I had the pleasure of attending the Daughters of the American Revolution
Tea this past weekend. Several of us did and I'm sure others will mention that, too. They
probably had about 200 people there. It was really a great event.
And as Hannah pointed out, I did attend the basketball game this weekend for our
Falcons and they took care and dismantled Payson by quite a large figure, so that was
kind of nice, too.
And then one statement I want to make, Mayor. I received a correspondence in
the mail this past couple of weeks and I just want to make a point about that. That this
council is very serious about policy for this town and fixing what needs to be fixed and
no correspondence that I receive is going to stop me from representing the residents of
this town. I just want to make that point and make it clear to everybody in the audience
that we will do what we need to do to represent this town and get things done for this
town.
Thank you, Mayor.
MAYOR DICKEY: Thank you.
KALIVIANAKIS: Thank you, Ms. Mayor.
Yeah, I had the opportunity to attend the Fountain Hills Cares program this past
week. We were discussing our 2023 speaking tour. We're all about helping the kids with
Fountain Hills Cares. We have issues of bullying, cyberbullying, drug and alcohol
awareness and problems with the kids getting addicted, and also depression and anxiety
to our youth. We're trying to address that. It's a real problem in our town and Fountain
Hills Cares cares.
I also attended the Daughters of the Revolution [sic] and that was a wonderful tea
party, a great fundraiser. The mayor was there. Much of the council was there. It was a
fully attended event and it was wonderful. They're trying to keep the traditions of our
country from their founding fathers, so what a good thing.
I attended -- this isn't a professional thing I did, but this past weekend the
Fountain Hills Community Band played at the Community Center and if you guys aren't
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aware of that, they put on one heck of a great show. And we should support our
community band and we should support our community chorus and all that's listed on our
website. It's free and it's like a professional gig. So I encourage you to attend and they
need your support, too, by the way.
The last thing is, a lot of us went to the basketball game and how exciting that
was. The next one's going to be up in Prescott and if you have the time and the energy,
I'd recommend you go there. It's such a wonderful thing to see these kids play. To me,
it's better than professional basketball. It's that excitement, that energy that you just can't
capture.
So anyway, that was my two weeks.
Thank you.
MAYOR DICKEY: Thank you. Councilman?
SKILLICORN: Mayor, I'll kind of echo on some of the things I've heard up here and I'll
be brief.
So this weekend, obviously, we have the fine arts fair, Friday through Sunday. If
you have an opportunity to come down, visit. We have vendors that are coming in from
all over and obviously would appreciate your business. But this is where our town really
shines. And it shines even brighter with all of you guys.
A couple other things is we talked a little about basketball -- go Falcons. Tipoff
was ten minutes ago in Prescott. So I would encourage everyone to stay through the
meeting, obviously. We're recognizing some kids tonight, but I also understand if you
want to go and watch the game online, also. I get it. This is an exception, because we
have such an exceptional town and team. And I wonder about talking -- we should talk
about a parade for that, because they earned it anyways, so --
MAYOR DICKEY: Thank you all.
So President's Day was yesterday. I was looking up a little bit about it. The
federal holiday typically honors all of our presidents, but it began as a way to mark
George Washington's birthday, which is actually tomorrow. He was born in 1732. And
Abraham Lincoln's birthday was February 12th and he was born in 1809.
So per Douglas Bradburn, who's the president and CEO of Washington's Mount
Vernon in Virginia -- said that yes, Washington was the general who won the American
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Revolution and he's celebrated as such. Presidents Day now is a civic marker for
Americans to think about leadership in the context of representative democracy.
So I hope you all had a good holiday weekend.
I've had several constituent meetings over these two weeks. I see our school
superintendent is here. I met with (indiscernible). I spoke to a university group and
again, did the welcoming at the DAR in Fountain Hills tea. I went to the Chandler State
of the City with the Vice Mayor. We had the Fountain Hills Cares, GPEC Mayors and
Supervisors, ribbon cuttings. We had a ribbon cutting for former Councilman Mike
Scharnow and the FlowerGirl, so that was fun. And Grady and I met with our -- who's
going to meet you all tonight -- our new Republic representative, Michael Roldan. He's
the municipal manager and we also met with general manager Sidiq Young.
So that's what we were up to.
So right now, our next item is the recognition of the Stellar Students. And you'll
see I have right after that a proclamation for the American Red Cross, and we do have
Kurt Kroemer here and Melody Birkett. They're both from the Red Cross.
So what I'll do is, I'll read the kids up here first, and then you guys come up as I
read your name. Angela will give you your certificate. We'll take the picture.
And I'm going to bring the Red Cross proclamation down there and ask Kurt and
Melody to come up after we get through with the kids while I'm down there.
So we will start -- we always start with McDowell Mountain. And our first
student is Emma Tobias. Is Emma here?
Yay, Emma. Come on up. Right over to Angela.
Emma is always a Stellar Student in my STEM classroom and in her regular
classroom and in the whole school, for that matter. She's such a tirelessly hard worker.
She does her best at all times. I've never seen her give up on anything, even when it's
hard. She takes the time to say good morning to everyone, and even asks the teachers if
they had a nice weekend, or if they had a good day. She's an amazing friend to others, is
the first one to offer help to a classmate whenever it's needed. Emma is the student that
will volunteer to walk a student to the nurse and she steps in without being asked when
someone needs a partner. Her kindness shows in everything she does.
That's Emma.
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You stay right there. Hey, Emma? Emma? Would you stay right up there,
Emma? And then we'll all -- all the other guys will join you.
Speaking of, next from McDowell is Kamdyn Welty. Is Kamdyn here?
All right. Kamdyn is a perfect example of a Stellar Student. Not only does he
always do his very best on his academic work, but he's extremely polite and considerate
of others. Kamdyn will step in immediately if someone is struggling with an assignment,
or if someone needs a partner. He'll do anything he can to make his classmates -- make
them feel -- help his classmates and his teachers. Whenever I'm looking for a student
that's demonstrating the Falcon Way, there's Kamdyn, trying so hard to be the best he
can. In STEM class, he's very capable and excels at whatever we're working on. But
what impresses me the most is the way he looks out for others and steps in to help when
needed.
Kamdyn.
Our next student from the middle school is Grace Vickers. Is Grace here?
All right. Grace is a thoughtful student who is a quiet leader by example in our
class. She works well with others and is someone who will help teachers and classmates
even before being asked. She's very artistic and cares a lot about both the quality and the
presentation of her work. She's self-motivated and will take extra steps to make sure her
work is well done. Grace spends extra time each week during our affirmation time to
make sure she crafts a very thoughtful and positive note to the student who's in the chair.
Sounds like that's a good thing.
That's Grace.
Also from the middle school, Luke Sexton. Is Luke here?
Luke is a hardworking, creative student with talents in robotics and engineering.
He works really hard in class and he's always looking at how and why things work, and
how they can be improved or altered to perform a different function. In addition, he's
very kind, thoughtful, and a polite young man who represents the Falcon Ways of
respect, responsibility, safe, and kindness.
That's Luke.
From the high school, Kathrine Hampton. Is Kathrine here?
Thank you.
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Katie. Katie is one of the hardest working AP students that I have a Fountain
Hills High. She's always constantly engaged, working, and collaborating on Advanced
Placement materials in my class, which is not an easy task. Outside of the classroom,
Katie's heavily involved in student government, where she and several of her peers have
tackled the challenge of planning the Hoopcoming Dance Social. Through collaboration
with her peers and community, Katie has successfully planned that event and all our high
school can enjoy, all with minimum supervision and oversight outside of the student
government supervisors.
Katie.
And from Fountain Hills High School, Tyler Cosman. Is Tyler here?
UNIDENTIFIED SPEAKER: He's playing basketball.
MAYOR DICKEY: Oh. Well, he had his accolades already.
Well, in addition to that, Tyler is an excellent overall student who upholds the
standards of his school and community each and every day he steps into that social
studies classroom. In class, Tyler works hard. He's respectful to his peers and engages
thoughtfully in class discussions and content in general. Out of the classroom, Tyler is a
leader on the basketball team and an excellent team player.
Let's give it up for Tyler.
All right. Come down here and we'll take a picture. Look over at the camera.
Smile.
UNIDENTIFIED SPEAKER: (Indiscernible) and look happy.
SKILLICORN: Good job. (Indiscernible) did a great job.
MAYOR DICKEY: Thank you very much. Thank you, guys. Thanks for coming.
UNIDENTIFIED SPEAKER: Let's go (indiscernible).
MAYOR DICKEY: Thank you. Thank you, parents, teachers, everybody that came to
honor your kids.
So now I'm going to do a proclamation for Red Cross. Is Kurt -- I want to say it
right -- Kroemer and Melody Birkett here? Regional executive officer and regional
communications director?
Come on up. Thank you.
I'm going to give you this to hold onto and then I'll read it out of my -- with my
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large writing so I can tell --
So whereas during American Red Month in March we celebrate the humanitarian
spirit of the Town of Fountain Hills and reaffirm our commitment to help ensure no one
faces a crisis alone, and whereas caring for one another's at the heart of our community
and exemplified by the people of Fountain Hills, whose simple acts of kindness through
the Red Cross provide help and hope in people's most difficult moments, continuing the
lifesaving legacy of Clara Barton, who founded the organization more than 140 years ago
to prevent and alleviate human suffering.
And whereas Red Cross staff and volunteers host blood drives, respond to
disasters, and install free home alarms in neighborhoods that can't afford them. Their
philanthropy team and SAF, which is Services to Armed Forces, are also very active in
the community. In fact, 90 percent of their workforce is made up of volunteers.
Whereas every day these ordinary individuals lend a helping hand to make an
extraordinary difference for neighbors in need, whether it's providing emergency shelter,
food and comfort for families displaced by home fires and other disasters, donating
lifesaving blood for life-threatening conditions, supporting military members and
veterans along with their families and caregivers, using vital skills like first aid and CPR
to help others survive medical emergencies, or delivering international humanitarian aid
and reconnecting loved ones separated by crisis.
And whereas their support, volunteerism, and generous donations are critical to
our community's resilience, we hereby recognize this month of March in honor of all
those who fulfill Clara Barton's noble words, which are: You must never think of
anything except the need and how to meet it.
And I would ask everyone to join in this commitment. Therefore, we do proclaim
March 23rd [sic] as Red Cross Month in Fountain Hills and we'll be lighting up our
famous fountain in red on March 3rd through the 5th, and I encourage all citizens of
Fountain Hills to reach out and support this humanitarian mission.
Thank you.
KROEMER: That was a long proclamation, and you should never follow kids. But let
me say, you know, the Red Cross, seriously, 90 percent of our workforce is volunteers.
Anytime you see a Red Crosser on TV, it's probably a volunteer. And we are all around
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the world, every single day, every single moment you see us everywhere.
And so I just want to thank the Town of Fountain Hills. You support us in
innumerable different ways and we're just proud to be part of this community. So thank
you so much.
MAYOR DICKEY: All right. Our next proclamation is Black History Month.
We didn't get anybody. They were out of town, so I'm just going to read it from
up here. But we have it and we'll put it with our proclamations in town.
Whereas Black History Month is an annual opportunity to recognize the essential
role of African Americans in the history of our state and nation, and during Black History
Month we celebrate the many achievements and contributions of African Americans to
our economic, cultural, spiritual, social and political development; and whereas the
national commemoration of black history in the United States dates back to 1926 and was
initially observed the second week in February to coincide with the birthday of Abraham
Lincoln and Frederick Douglas, and by the late '60's the week had evolved into Black
History Month, thanks to growing awareness of the experiences of African Americans;
and whereas Black History Month was officially established in 1976 by President Gerald
Ford, who called on the public to seize the opportunity to honor the too-often neglected
accomplishments of Black Americans in every area of endeavor throughout our history
and has been recognized by every U.S. president, governors, and other officials across the
country and in the State of Arizona; and whereas on February 22nd, 2012 -- wait --
George Washington's birthday -- oh, yeah, sorry.
In 2012, on George Washington's birthday, people across the United States
celebrated the groundbreaking of the National Museum of African American History and
Culture, which opened to the public in 2016 in D.C.
And whereas the Town of Fountain Hills honors the significant contributions and
advances made by African Americans in such areas as education, medicine, art, culture,
public service, economic development, politics and human rights; and whereas in the face
of injustices, people of goodwill and of all races have distinguished themselves with a
commitment to the noble deeds and ideas on which the U.S. was founded and have
fought courageously for the rights and freedom of African Americans and all others; and
whereas we see the greatness of America in those who have risen above and enriched our
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society; now, therefore, I, Ginny Dickey, Mayor, do hereby recognize February as Black
History Month and urge all to join in celebrating the contributions of African Americans
to our community, state, and nation.
Thank you.
All right. Now, I've lost my actual agenda. Sorry about that.
MCMAHON: (Indiscernible) .
MAYOR DICKEY: Thank you. Sorry about that.
So next we have our public appearances and I'm going to find this.
Thank you.
So our first one is our second quarter economic development. Am I reading that
right?
MILLER: Actually, Mayor, Mr. Roldan is from Republic Services.
MAYOR DICKEY: Okay.
MILLER: I believe we'll let our guests go first, if you're okay.
MAYOR DICKEY: Oh, okay. Let's do that then. We'll introduce Michael Roldan from
Republic Services.
Come on up and welcome to Fountain Hills.
ROLDAN: Thank you. Is this speaker okay? Okay.
MAYOR DICKEY: I think the volume is (indiscernible) a little bit.
ROLDAN: Sure.
Thank you, Mayor Dickey and Mr. Grady Miller for having me this evening, and
I appreciate council for giving me the opportunity to introduce myself.
I am the new face of Republic Services, at least as according to the town. And so
I just wanted to review a couple of things that we have as far as initiatives are concerned
for this upcoming year with regard to Republic Services, as well as for bulk pickup.
So it's encouraging to see so many faces. This is the first council meeting that I've
ever been to and I happen to be speaking here, so I appreciate the grace in advance, but
are they typically this well attended? Or is this the anomaly?
Okay. Well --
ROLDAN: It's wonderful to see all the faces and it's encouraging.
But again, my name's Michael Roldan. I'm representing Republic Services. What
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brings me here is to talk about the free bulk schedule for all the residents to begin on
March 1st.
So for those living inside zone 1, as mentioned in the handouts -- and I have the
handouts back there that I'll distribute out to council, so you guys a physical copy of the
bulk schedule that was already distributed out, I believe, in January.
But it's a free service that Republic Services provides to its residents. And it's
annually. There's nine different zones that we will be starting as of March 1st. So if
anybody has any questions with that schedule, feel free to reach out to myself. I've got
my card attached, too, all the information. I'd be happy to have a conversation with
anybody as well.
A couple of new initiatives for Republic Services moving into 2023, one of which
is electrification of our vehicles. Environmental services is something that we are
spearheading for this upcoming year, as well as charitable giving, and I'll be back here in
a couple of weeks giving a grant that we have from Republic Services, up to $10,000 for
those nonprofits that have been selected, so looking forward to delivering two giant
checks in a couple of weeks here.
And then we have a brand-new recycling facility happening in your backyard
here, coming in June. And again, I'm going to be happy to invite everybody to that
recycling facility come June when it opens. So I'm hoping that I'll be able to coordinate
and get you guys involved in a tour, so you guys can see the good work that we've done
over the past couple of years as this process has -- finally coming to an end.
So that is all that I have from [sic] you. I'm going to skedaddle. Thank you so
much for allowing me to address the council today, and if you guys have any questions, I
have my information behind me and will be happy to distribute it.
MAYOR DICKEY: Thank you. Does anybody have any questions for Michael from up
here?
MILLER: Mayor, I just wanted to just point out -- so thank you to Republic Services.
We have in the contract -- this is one of the free services. So this is where people
are able to put large items they want to dispose of, landscaping or material, right at the
front of the curb on, you know, their property side. This is something we put in the
contract in 2019, so this benefits every resident here in town.
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The other thing, too, that the company did was we were able to negotiate and put
in the contract also the household hazardous waste collection day event and also the
electronics recycling event. So those are all things that are in the contract that Republic
Services does for our community and we really appreciate all of that.
Thank you.
ROLDAN: It's my pleasure. Thank you.
MAYOR DICKEY: And we look forward to seeing you next month to give out the
checks.
ROLDAN: We're looking forward to it, too.
MAYOR DICKEY: Thank you so much.
SKILLICORN: Quick question.
MAYOR DICKEY: Oh, I'm sorry. Go ahead, sir.
SKILLICORN: Mayor, do we have a date yet for the electronics recycling?
MAYOR DICKEY: I don't know. Do you know?
ROLDAN: I'll connect with the team and take a look. I don't have the dates prepared
with me today, but I'll let you know for sure. Yeah, absolutely.
MILLER: It usually coincides pretty closely with the shredding event that the library
does, so it's usually the same day but at another location. So we'll get back to you on
that.
MAYOR DICKEY: Thank you. Thanks very much for coming.
ROLDAN: Thank you. I appreciate it.
MAYOR DICKEY: You're welcome.
Now, our economic development second quarter report and Amanda Jacobs, our
director, will come up and show us what she's been up to.
Thank you.
JACOBS: Good evening, Madam Mayor, members of council. Give me a moment while
I pull up the presentation.
As the Mayor mentioned -- look at that, I can't multitask. Give me one second.
This is our second quarter update from October to December, but also if there's
some recent things that have occurred, I'll just mention those so it doesn't take months to
get everyone up to speed.
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So always like to start off with business attraction and so again, from the period of
October to December, we welcomed two new businesses along the Avenue. That's the
CBD Store P39 and Manny's Park Place, so same owners as Classy-Jazzy and some of
the other ones that Jim (ph.) always says.
And then coming soon -- I wanted to bring this back up. There were some
questions the last quarter on Dutch Bros. So Dutch Bros is still happening. Hopefully,
you're starting to see some of the site work happening. What is currently sort of holding
up, if you will, the process of the building is Dutch Bros is working with our sanitation
district to move a sewer line. So things are happening. We just ask you to be a little
patient.
Motor Vault is still under construction.
And then if you'll sort of see on the left side, the bottom, so as you're coming in --
and I remember this vividly when I was coming to apply for the town, coming off of the
Beeline, entering Shea, I took pause at the building that you see that is partially torn
down. So I took pause.
And so we're happy to report that we do have an owner that has come in and
provided our development services director with formal site plans. So it's kind of been in
the works for the past few months, but again, until it's a little bit formal and we have
some things on the dotted line, we don't want to present that to council and the public.
And so it is called Coffee Roasters, so hopefully you can guess there's going to be a little
bit of roasting of coffee happening. And so it's going to be a two-story building and so
the owner actually owns a sign company in Mesa, but has been doing a lot of work in
Fountain Hills and bringing a part of that business here. And so they're responsible for
the entryway sign at Fountain Hills Theater, as well as the Fountain Hills Chamber of
Commerce.
So that will be an element of the business. Of course, the coffee roasting. And at
the bottom, it's not going to welcome folks in, but welcome folks into a window to either
purchase coffee or a Danish. There'll also be drive-thru. There was already an approved
drive-thru at that business. And as you go through the drive-thru, you'll be able to see
some of the roasting in action, if that's something that appeases you.
All right, business retention and expansion. So still working closely with our
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Fountain Hills Chamber of Commerce, again we launched this in June, an official
Business Retention and Expansion Program where we're going into businesses and
meeting them.
Since this is the first time I'm presenting to some of our newer councilmembers,
just want to refresh everyone's mind on some of the top three things that the Chamber and
myself have been seeing. And then of course, we have rotating councilmembers coming
in.
But one of those things was the sign code. So again, maybe a bit confused on
what is allowed, what's not. Asking for a little bit of flexibility on the extension on how
long an A-frame or a banner can be placed. And also just some opportunities to maybe
introduce some new signs.
So staff has started to put together some material to help educate our businesses.
We have put that on pause just to see what council's direction is regarding the sign code.
The second thing was events. And so our businesses are telling us, we don't care
if the town's putting on an event or if the Chamber's putting on an event. But if there's a
largescale event, please let us know, so that we can do right by the town and we can staff
up because it leads into the third issue, which is workforce.
So it's a challenge in trying to attract employees and retain them. And then I'll let
you guys know -- you've heard this. I sound like a broken record. This is not a Fountain
Hills issue. This is an issue nationally.
Second, downtown. So we've been teasing for the past few months that myself
and the Chamber have been meeting with several businesses along the Avenue to try to
formally put together a formal merchant association.
After about six to seven months, I'm pleased to report that last month it became
official. We had a launch party inside the Chamber lobby. And then just a couple weeks
ago we had other people start to participate and there are several areas that the group is
looking at. Of course, marketing, trying to attract more events and people, as well as
appearance, so what is the long-term vision of the downtown, the aesthetics, you know,
the banners. And then on those same days, what is happening is that formal merchant
association, the officers, are meeting after to see, you know, what do they need to put on
the next agenda? What do they need the town and Chamber support on?
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All right. So you remember, council, these two slides you heard me talk about
last month at our Economic Development Summit, which we'll talk about a little bit later.
But just for transparency, wanted to again bring it to the public.
And so you'll see our first two apartments, those are fairly new, just opened in
about August/September. And you'll see the occupancy rate is at 75 percent, 87 percent.
The Four Peaks Vista Condos is again a little bit lower because not 100 percent is
for rent, if you will. So that's 75 percent.
The Havenly at Fountain Hills is 90 percent occupied and 92.5 is leased. So
again, they've just kind of wrapped up construction and so that's why you're seeing those
two different numbers.
And Luna at Fountain Hills and Park Place at Fountain Hills are in the 90
percentile.
And so again, showing this to council and the public to show really, we have a
sort of supply/demand issue, and I've shared with you personally when I relocated here
and was looking to become a Fountain Hills resident and wanted to do it in a couple of
weeks and made magic happened [sic], it was a little challenge to make magic happened
[sic]. But I made it happen.
All right. Our vacancy rate, existing buildings. So on here, last quarter, if you
look at the first column that says vacancy rate, I had shared with you all publicly that
staff knew -- we've just been hearing a lot from the public, from the council, what are the
numbers?
But I shared with you, in digging deep into CoStar, which is one of the leading,
you know, software development companies that looks at commercial data, we were
seeing a little bit of discrepancy. And so what we have found out is some of our
commercial brokers are not actively listing their sites.
So in talking to the brokers and kind of trying to dig deep into the why, some of
them just don't see value or they've shared -- well, in the past, in our history, some of our
existing businesses have just moved, you know, from one building to another.
The problem with that is with economic development the issue is it's not
generating new wealth, new capital investment, new jobs, if we're moving from site to
site. And so that's a little bit of a challenge. And so what staff had to do -- again,
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personally, I would like us to be actively marketing, targeting businesses, but I don't
know what I don't know. So staff had to go out and manually capture some of this data.
So if you go to the second column, this is now about I'm going to say 95 percent.
I feel comfortable. You'll see that office is a little over 47 percent. Again, this is not
something that is unique to Fountain Hills. This is something nationally we are seeing,
again because of COVID-19. People got pushed out into their homes. The employees
are taking over control and they're like hey, I'll work for you, but I want to be home.
Industrial is a little over 10 percent and then the retail is 16.2 percent.
All right, our Economic Summit. So earlier in January, we pulled together -- it
was by invitation only -- several of our longstanding residents, our community leaders,
and some of our business owners. And it was strategic in having it a little tightknit, so we
could start to have a conversation. Some of the folks that have been here a long time,
again are invested, are business owners. And some of the things that have come out of
that is coworking space, sort of solidifying clean industries that we're looking at,
branding.
But I didn't get enough information to start developing a formal economic
development strategy that I'll later bring to council for approval. So in the coming
months, we're going to be opening up to the entire public. We're going to have it very
interactive, different stations, to capture more information that I didn't get or I've been
hearing from businesses one on one, but it just didn't rise up during the summit to just
again gauge the pulse.
So stay tuned, and the public behind me, who's viewing -- Councilmember
Grzybowski says there's thousands -- you'll be invited. She says there are.
All right. We'll start going into our grants.
So our AOT Prop 302 grants, pleased to report we were able to move up the
timing of our Visitors Guide. Traditionally, staff was pushing that out in March and
April and we're starting to lose our visitors by then. And so we got it in hand for
December, so that we could display in January. So either have that here, at Town Hall, as
well as the formal Visitor's Center, which is at the Chamber of Commerce.
And so we were able to expand the guide to include our Dark Sky, live music,
meetings, and conventions, and some of the top 10 things to do.
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We are in the process -- fingers crossed, we may be able to present it March 7th --
but staff has been working with local business owner Andrew Day with DayLite Films to
produce a new tourism video that we'll place on social media, as well as the new website
we're working on.
We're also starting to work with local business owner Debbie Clason with Clason
Communications. One of the new features on the website will be a blog section and so
she is helping us. So she is a writer. She's been here longer than I have. And so she'll be
blogging on some of the exciting things that are happening in our town and we'll be able
to take some of that, again, to put it over into social media.
Next, so our AOT VAI grants, the marketing. So this has been a massive team
effort by Mr. Bo Larsen and Ms. Linda Ayres in our Community Services Department.
So already, this half fiscal year we'll say, we've already invested over $80,000, and so I'll
remind everybody that the town received a grant for $230,000. We're putting that to
good work. And so we have several billboards downtown, on the interstate, and the
whole goal is to raise awareness on the events that we're having and attract people in the
community to not only come for the event, but to dine in our restaurants and stay in our
hotels, to again, kind of boost up that sales tax and bed tax revenue.
Our broadcast and digital marketing, Bo's been working really closely with PBS
and NPR, not just in the state, but also nationally to again just put Fountain Hills on the
map.
We're working on our Experience Fountain Hills website. So again, we haven't
updated that in about seven years, and updating meaning the design. So again, we're
going to have a fresh new look and again try to appeal to our audience.
We're doing print advertising with Phoenix Magazine.
And then again, just as a reminder, we're working with Evolve PR, and so they
became highly recommended by Peter Volny, as well as David Racich with the Brokers
Alliance, to again help us be an extension of the team and to pitch Fountain Hills.
And then last, again, during the last quarter, we were able to invest $15,000 into
the Fall Fountain Festival. We're going to be able to do that again this weekend.
And then we also invested in a photographer to take new, again fresh content that
is not just for the town, but of course for the Chamber to put out on social media and
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again as we're looking forward.
I'm going to pause here for a second.
Staff knew when we applied for these grants it was temporary. And so I just say
what staff is thinking about, and again we'll talk about in the future as we talk about
budget, is we have a new governor and as of today we also have a new Arizona Office of
Tourism Director. So we're not sure if this fiscal year we're going to have the opportunity
at 230,000, even $30,000. So it's a bit of an unknown.
So we'll want to look at -- we know we won't be asking for 230,000. Don't get
nervous. But to have a little tiny chunk of the pie to again promote the destination.
Our partnerships, I don't always go through all of these. But again, I want to point
out Fort McDowell Yavapai Nation met with the Mayor, Town Manager Miller, and
myself to officially award us over $12,000 for the website.
The Greater Phoenix Economic Council, again, because this just recently
happened, but you may know that there was a golf tournament and a Super Bowl. But
our partners at GPEC were able to gather ten consultants, some people call them site
selectors, a couple weeks ago and gave all the communities in the state the opportunity --
or I'll say in the Valley -- to give a two-and-a-half-minute pitch on their community. No
pressure. I feel like I did us proud. So we'll see what generates from that.
And then Salt River Pima-Maricopa Indian Community, just want to point out
again we're continuing to build that relationship beyond just the grant funding. That
they're contacting us as they're doing trade missions and so they did a trade mission in
Canada, to say hey, we're going to be at a booth. We've invested in this. We would like
to focus on outdoor recreation. Fountain Hills is kind of known for that. Would you
guys be willing to put together a flyer that we can distribute on your behalf?
They're also talking about partnering to bring some folks here. So (indiscernible)
people looking to bring events. And so stay tuned on that, but loving how that
partnership is growing.
I think this is the last slide. I'm going to have to get a drink of water.
Our tourism. Again, the hotel occupancy is remaining at 62 percent. Our social
media has grown by 25 percent. John's (ph.) like, you should've put a plus sign. I'm like,
I'm sorry. But it's 25 percent increase, which is fantastic.
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And then last quarter, you may remember, our unique visitors to the website had
gone down by 17 percent. But again, it's the summer. It's low. But there was a 75
percent increase to our site. And again, looking at the Fountain and then the wonderful
events that our Chamber puts on and our Community Services Department.
Our top five cities have remained the same, Phoenix, Scottsdale, Los Angeles,
Mesa, and Omaha.
And with that, I'll be happy to answer any questions.
FRIEDEL: Amanda, you had mentioned something about communication and letting our
businesses know when events are happening. Who's in charge of that?
JACOBS: Madam Mayor, Councilmember Friedel, all of us. All of us are really in
charge of that. And so what we did in response to that is again we partnered with the
Chamber and staff put together in the fall as well as the spring the events guide. I was
planning on bringing it, but I don't have it to do a Vanna White moment.
But those are one of the things that we're doing. And again, it's all of our jobs to
share that information, but trying to put it on the website, again, I'm fairly new. So
making sure that people are adding it to the website, on the Experience Fountain Hills
website. Anybody can add an event. But I'll share with you what we're trying to do is
not be a community event listing, but be more tourism-like. And then again, as well as
social media.
MAYOR DICKEY: Questions or comments?
UNIDENTIFIED SPEAKER: Thank you.
MAYOR DICKEY: That makes sense because not every single event's going to affect
everybody that way, so -- but to try to reach out, like Gerry was saying, to let them know
if there's going to be parking issues or you know, closed streets or any of those things.
So that's it?
Well, thank you so much. We really appreciate the update and we know you're
working hard every day and we appreciate that very much, Amanda.
JACOBS: Thank you for your support.
MAYOR DICKEY: Um-hum.
Our next item is Call to the Public. Do we have speaker cards?
MENDENHALL: Yes, Mayor. We do.
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I just want to point out in your packet you did have a comment on 4C, which is
not a public comment, but on another item.
Public comment we have first is Liz Gildersleeve.
MAYOR DICKEY: I've been told to ask everybody to speak directly into the
microphone and to let us know if you're a Fountain Hills resident. Thank you.
GILDERSLEEVE: Yes. Liz Gildersleeve, Fountain Hills resident.
Good evening, everybody.
Just like Captain Kratzer and others give us frequent Town Council presentations
from everything to crime statistics to new economic activity, could we also get a once
monthly presentation at these Town Council meetings from Justin Weldy or from
whoever is responsible for monitoring and repairing our roads? For example, could we
learn where potholes are being filled? Where roads, if any, are getting paved, and the
status of the roads budget relative to any repairs? It doesn't have to be a long
presentation, just a quick update on what is being done or not being done in a given
month. It seems we only get an update on road repairs around budget creation time or
when the Streets Commission does a presentation. Then it's crickets.
By not providing regular public updates, it doesn't seem like our roads are a
priority, and they should be. There are cracks and holes on some of our streets that are
beginning to rival the streets I left in Illinois. For example, there are numerous cracks on
Lost Hills that are six inches wide, several inches deep, and going the length of the street.
In some areas, plants are beginning to grow out of these cracks.
Anybody in the audience need a Palo Verde seedling or a sagebrush? Head on
over to Lost Hills, and check out the makeshift planters in the street.
There are more potholes, of course, on Palisades, along with the old cracks, not to
mention the condition of the road near the Veterans Memorial at Fountain Park. And
these are, of course, just a few. Everybody has a pothole story, a crack story, in a road
near their home.
Last few we heard that some weird looking truck was going around taking photos
of all the roads. I saw it. It came down my street. So now what? What's next?
I ask that you consider making a roads report update a monthly agenda item at
these Town Council meetings. That would be proactive and keep this issue in the
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forefront. It needs to be a priority for everybody here.
Thank you.
MENDENHALL: Next, in your packet you also have a comment, but he's here in
person, Barry Wolborsky, to tell you what he said.
WOLBORSKY: (Indiscernible).
MENDENHALL: Um-hum.
WOLBORSKY: I'm Barry Wolborsky, and you know I'm a Fountain Hills resident. And
I'm the one that brings all the strange little things to the council.
By the way, I have an answer for the roads problem. I think everyone ought to
get off-road vehicles. They handle those potholes real well.
In our daily walks, my wife and I have noticed that more and more dogs are off
leash. This is especially obvious in the Four Peaks Park and a bit less obvious in Golden
Eagle Park, but still there. We have also noticed that now we're starting to see them on
the city streets.
Everyone believes that their dog is especially well-behaved. The problem is I'm
not sure the dog always believes that.
Off-leash dogs are a danger for a number of reasons. Firstly, they can attack
humans or other dogs. Two, they can cause traffic accidents by running into the road.
And three, it's also very dangerous for the dog to be off leash. We have rattlesnakes,
bobcats, coyotes, Africanized bees, and mountain lions. Dogs love to explore.
I would like to see the town budget for an animal control unit to be in Fountain
Hills a half a day a week until we can get this under control and thereafter regularly for
maybe a half a day a month. Nobody wants to see a small child or an old person killed in
a brutal, terrible way or disfigured by an off-the-leash dog.
That's all I've got.
MENDENHALL: Next, we have Crystal Cavanaugh.
CAVANAUGH: Good evening. A Fountain Hills resident.
At the last meeting, we were subjected to story time, listening to one-sided
excerpts from a biased, insignificant, online article that slammed our town, our newest
council, and a tiny local grassroots political action committee, all being held responsible
for the division of Fountain Hills. We sat and listened as this citizen read online
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comments from random unknown people, as though this gave the article credibility.
As we all know, the media gets it wrong sometimes, including last week's Times,
which incorrectly labeled our Vice Mayor as an attorney, when only councilwoman
Kalivianakis is an attorney.
The biased, left leaning, AZ Republic article dredged up portions from the
previous hit piece they'd done just before the election. It's unlikely that Fountain Hills is
such a big priority to its readership that this online journalist on his own initiative was
driven to write a follow-up article slamming our newest council and community. And
not surprisingly, he did it the lazy way, without verifying or talking to any of his actual
targets.
Who from our town actually contacted this guy to get him to write a second
divisive hit piece? In the first article, one of the sources included a city councilman at the
time who himself was guilty of ethics violations, and another who voted against the best
interests of Fountain Hills multiple times.
Who is it this time? Most likely, someone who is unhappy that the liberal leaning
reign of power was disrupted.
Our new council is accused of being divisive, but let's step back. It seems to me
they are simply listening to the people and trying to do the right thing for us. For that, a
recent letter to the editor called them the ROT lock. Intended as an insult, but in reality,
not an insult at all.
Reclaiming our town from unneeded projects, unnecessary spending, and a lack
of transparency is very important. Again, who are the real dividers when you go out of
your way to publicly shame this beautiful town or to promote propaganda by saying the
council is against wheelchairs and the disabled, simply for investigating reduced
spending options?
This town is a scenic gem and its land should be treated as valuable. It's not
affordable for everyone and it's not a right to have it just because you want it. We have
limited real estate here and phenomenal views and that comes with a price tag. Why try
to shame those who push back against the choices that would make it a less desirable
place to live? Why import more Woke seminars, panhandling, loitering, or the
beginnings of a tent city?
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This council has different priorities than the previous majority. They want to
preserve small town character, maintain investments and property values, promote a
positive business climate, strive for transparency and oversight, and want to reduce
wasteful government spending. We should stand strong with them and not be intimidated
by outside threats, biased articles, or targeted attacks.
I and many others want to thank you for working to reclaim our town.
MENDENHALL: Next, we have Stephen Gay.
GAY: Let's see here.
Good evening, Madam Mayor, councilmembers, and totally awesome staff.
I have a few comments about social media use and about proposed state
legislation that could adversely affect our town.
I had an email exchange with Councilmember Skillicorn about his practice of
blocking constituents like myself on his social media sites. He responded quickly, which
I appreciate, and told me he couldn't comment further due to unknown ethics rules. I
asked him for those rules, but haven't heard back from him.
He did say I could follow him on his official town Facebook page. I went to that
page and quickly found out he blocks anybody, even his supporters, from commenting on
his posts. This is amusing because from this very dais he gave a full-throated
endorsement of Elon Musk's new radical free speech policy on Twitter. I would think
somebody who fairly quivered with excitement over radical free speech would want to
have more speech, as opposed to the wall of silence he's imposing on those wanting to
leave a comment on his official Facebook page. It seems a little like a cancel culture and
we all know what a curse cancel culture can be on free and spirited debate.
The second point is also Councilmember Skillicorn's enthusiastic, even giddy
support of proposed state legislation to eliminate rent and grocery taxes, which combined
bring in about $3,000,000 a year to Fountain Hills. The problem is that to make up for
the $3,000,000 lost from these taxes, Fountain Hills will have to bring in an additional
$100,000,000 in revenue from new or existing businesses. How long do you think this
would take?
Even the folks who wrote the rental bill realized what a catastrophe it will be. So
they are phasing it in over a five-year period, starting in January of 2024. To further
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soften the first-year shock of this drive-by legislation, an amendment was added for
towns to receive $270,000,000 in $15,000,000 installments starting in January of 2024.
So this is not only costing towns across Arizona money, it's costing the state
$270,000,000 so that towns don't immediately have to cut essential services.
I just wish somebody at the capital had listened to public comments from our sage
from the Land of Lincoln, comments that he made recently. After all, he boldly asserted
that towns across Arizona will, quote, figure out a way to pay for things without the tax.
And breathlessly added, most communities have more than enough money, so that's not
too big a problem.
I didn't know Arizona towns were swimming in money. Maybe there's still time
to rip that $270,000,000 relief provision from the bill. After all -- sorry -- after all, it's
such wasteful spending to give more money to the wealthy.
The phone lines are open, folks. I can take your calls from the dais.
MAYOR DICKEY: Thank you. Your time's up. Thank you so much.
GAY: Okay, thank you.
MAYOR DICKEY: Next, please.
MENDENHALL: Jim Concannon.
CONCANNON: Hi. Thanks for listening to me. Jim Concannon. I live in the town.
I'm very proud of my town and I thank you all for all you do.
This is a traffic safety issue. I live on the corner of East Lost Hills Drive and
Mountainside. Mountainside terminates at Palisades, so it's a T intersection. I use this a
lot. In fact, Mountainside is heavily travelled.
Now, I know that you have or will be considering a multilevel apartment or condo
place on Palisades and Mountainside. I don't care about that. But I do care about the
traffic that's involved because at any time of day for me to go on Mountainside and
attempt to take a right, I have to peer up a hill. I cannot see over the hill. I can't see
around the corner. There's a large -- I don't know -- wall that says Lost Hills on it.
It's very dangerous and frequently, if I'm very patient and very careful, and I
accelerate my right, there's somebody right on me and oftentimes honking. I think that
increased traffic with this new development is going to really compound the problem. It's
dangerous. To take a left off of Palisades onto Mountainside is equally treacherous
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because of the hill and I believe -- and I never have taken a left off of Mountainside onto
Palisades because I just think that should be prohibited. It's just much too dangerous and
almost impossible.
So I would urge a traffic study for this. I'm not, again, opposed or for this
complex that's going up. But I know this will be a dangerous issue and I advise you to do
something ahead of a potential disaster.
Thank you.
MAYOR DICKEY: Thank you so much. Some of what your last gentleman said, we do
have some answers for. But we'll get back with you about the study and that road.
Thank you.
So we don't have a consent agenda.
So we'll move right on to our regular agenda and our first item is about the
ordinance for detoxification and drug treatment facilities. So we'll hear from John and
you can ask some questions while he's doing the presentation and then we'll hear from the
public.
Thank you.
WESLEY: Good evening, Mayor. Let me get the presentation up.
Okay. So a little background first. It was approximately two years ago at a
council retreat that the topic of drug detoxification facilities first came up and we pointed
out to the council that we did not have any specific regulations in our ordinance to
address that type of use. Council directed us to work on an ordinance with the Planning
& Zoning Commission.
As we started that, we first recognized some related issues. At that point, we were
trying to address how we classify a hospital and then the sober living homes or
community residences. So we took care of those first before we got really going on the
detoxification and drug and alcohol treatment centers.
So in March of 2022 is when we really began working on that portion of the
ordinance. We -- with the input that we received -- able to prepare a draft ordinance in
September of last year. With that draft ordinance, we held some additional public input
sessions and reviewed it with the P&Z Commission at several meetings, in order to get to
the ordinance which has now been recommended to you for consideration.
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The ordinance establishes -- the zoning ordinance in general establishes different
uses, land uses that are by right in zoning districts and some that require Special Use
Permits. Without specific rules for the detoxification centers or the drug and alcohol
treatment centers, staff, me specifically, would be left if we had specific applications for
those uses to look at the ordinance and see where they could fit in. It was felt it was
better to actually come up with rules that the council and community wanted, rather than
just leave that to an interpretation.
So in moving forward with these, we looked at other communities to see how they
regulate these uses and found that generally, they're not regulated separately from other
medical uses. One exception that we noted was in Mesa, where detoxification facilities
do require a council use permit.
So the ordinance that's recommended for you includes a couple different pieces.
First of all, it provides for definitions for uses that we then regulate through the
ordinance. The ordinance allows for substance abuse and addiction treatment centers in
the C-2 and C-3 zoning districts by right with a 2,000-foot separation between uses.
Currently, we have one of these types of facilities in town. It operates down here
at Saguaro and Avenue of the Fountains there on the corner. With the ordinance as
presented, we could have similar type uses in most of our other C-2 and C-3
commercially zoned areas in town, so several places where we could have additional
facilities of this type.
Going on, the ordinance provides for detoxification centers, outpatient only, in the
C-2 and C-3 zoning districts with a Special Use Permit, and then a set of criteria would
have to be met along with the Special Use Permit requirements.
Detoxification centers, inpatient, and substance abuse and addiction treatment
centers with lodging would be allowed only in the C-3 zoning district with SUP and a set
of criteria.
The criteria for both of these is the same, so I've just included them once.
So the criteria that are listed, and this is just a summary of what they are, but
require a copy of a state license, provide indoor activity waiting space for the patients or
customers, require a contact for any complaints that might come in, insurance that would
include town as additional insured with the waiver of subrogation, a designated smoking
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area including for vaping as far away from adjacent residential uses as possible.
It would include a marketing analysis showing an ongoing need for the uses from
Fountain Hills residents, a discharge policy, and separation distances of 2,000 feet from
similar uses, a 1,000 feet from churches, libraries, parks and so forth, and 500 feet from
any residential use or zone.
When we apply those separation criteria, there's a small area on Colony east of
Enterprise where one of these could go.
So the ordinance as presented to you also includes a related item. When we did
our ordinance change to go from the group homes to community residences, we failed to
include in the notice for those and in that ordinance the two places in Chapters 12 and 18
where the use is listed. So we're also taking this opportunity to just make those change in
wording from again group home to community residence in those two chapters.
So that's my quick overview of the ordinance. I'd be glad to take any questions
you have at this time, or later after you hear from the public.
MAYOR DICKEY: Thank you. I think if anybody has a question right now, and then
we'll hear from the public, or we can go right to that.
Okay. We'll start with public comment then. Thank you.
Oh -- oh, wait. Hold on one second.
KALIVIANAKIS: I can wait, though. I can wait.
MAYOR DICKEY: Are you sure?
KALIVIANAKIS: Sure.
MAYOR DICKEY: Okay.
MENDENHALL: Okay. In your packet, you received 16 people who responded, saying
they support it as written.
And now we do have our public comment. First, you have a packet -- a little
presentation and she's here in person. Her name is Heather Dukes. Heather?
DUKES: Good evening, Mayor Dickey and members of the Town Council.
My name is Heather Dukes and I'm a land use attorney with an address of 5527
North 25th Street in Phoenix.
I'm here this evening on behalf of my client, Fountain Hills Recovery, LLC, and I
sent a letter to you dated February 20th, which set forth our objections to Ordinance 23-
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01. In that letter we raised three concerns; first, the text amendment is discriminatory on
its face under the ADA; second, the text amendment is contrary to the goals and policies
of the general plan; and third, certain language in that ordinance is vague.
Rather than to repeat the contents of my letter, I'd like to ask that you follow
along with me on the slides that I sent to you today.
On slide 2, I'm attempting to demonstrate how this ordinance discriminates
against disabled persons. So you have a larger circle, and in that larger circle you have
hospitals, treatment centers, and medical services. These uses are accessible to the
general public and they are permitted in the C-2 and C-3 zoning district as a matter of
right. They have no additional restrictions and they do not require a special permit to
operate.
Now the new ordinance is depicted with the two smaller circles that have been
extracted from the larger one, and the ordinance is attempting to separate detoxification
facilities and substance abuse treatment centers from those general uses so that they can
impose additional restrictions. But there is a major concern with this approach. These
uses provide services to disabled persons. So in the simplest of terms, this ordinance is
imposing additional restrictions on a class of individuals that are disabled. And they're
not minor restrictions or requirements. No other use in this town requires them to submit
an insurance document, a market analysis, or a policy to make sure clients leave Fountain
Hills and return to their place of origin. That is the definition of discrimination.
Now on slide 3, I have listed the three cases that I put in my letter. They're from
the Third, Sixth, and Ninth Circuit Court of Appeals, where they have struck down
similar separation standards for being facially discriminatory under the ADA.
On slide 4, I want to call to your attention a statement in the staff report which
demonstrates just how discriminatory these separation standards are. The three uses that
have a housing element to them, and so the three that are limited with a special permit,
those uses can only locate on five lots in the entire town and they're all clustered together.
And so the staff report admits that given the separation requirements between uses, only
one of those lots can be used for one of these uses. And so what that means is that, let's
say a treatment center with lodging locates on one of those lots. You can't have a
detoxification center come to the town, then. And so what the separation standards are
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doing is that they're banning those uses from operating in the town and that's a violation
of the ADA.
Could I have like two more minutes? Or I'm sorry, not two more minutes. I have
two more sentences. Could I have two more sentences?
Okay, sorry.
On slides 5 and 6, you'll see the police calls for service comparison, where I show
that detoxification and substance abuse treatments in other parts of the Valley generate
less crime and less calls for service than many of the current uses operating in this town.
And I have the backup records, if you guys would like to see that.
KALIVIANAKIS: Thank you.
DUKES: And finally on slides 7 through 11, you will find quotes from the Planning
Commission hearings which prove that this ordinance was created on the basis and
furtherance of prejudicial beliefs and fears voiced by a few of your Commission
members, but mostly some of the people that attended from the community.
So --
MAYOR DICKEY: Thank you.
DUKES: -- with that, we wanted to request that you deny the ordinance as drafted, and
I'd be happy to answer any questions that you have.
MAYOR DICKEY: I do have one question. Did Planning & Zoning see this
information?
DUKES: No, they did not. I was hired by Fountain Hills at the end of January because
we heard that the sober living ordinance was coming back through for discussion. And
so when we started to take a look at the detoxification ordinance that was then coming up
also, I looked at some of the case law, informed my client, and that's why we're bringing
it to you at this point.
MAYOR DICKEY: Okay, thanks.
DUKES: You're welcome.
FRIEDEL: I have a question.
MAYOR DICKEY: Oh, I'm sorry.
FRIEDEL: What is your primary practice?
DUKES: Land use and also ADA.
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Thank you.
MENDENHALL: Liz Gildersleeve.
GILDERSLEEVE: It's nice to get extra time.
Liz Gildersleeve, Fountain Hills resident.
My message tonight is pretty simple. Please pass the Planning & Zoning
ordinance for commercial detox facilities exactly as written. Every sentence in the P&Z
ordinance has been researched, discussed, debated ad nauseam. The P&Z ordinance as
written will protect the town, residents, homeowners, businesses and one thing that the
woman who preceded me didn't say, it would protect the vulnerable Fountain Hills
residents who may have a need for a commercial detox facility one day.
The ordinance passed by Planning & Zoning does not ban anything. It merely
provides guidelines to ensure the activity is appropriate for the area, period. And before
anyone on this council or in this room attempts the obligatory shaming of residents and
homeowners for having the audacity to request reasonable restrictions, know that just
about everyone in this room, including myself, has had an experience with a loved one
who has suffered from an addiction.
Pass this as written, and let's finally move on to other town matters.
Thank you.
MENDENHALL: Next is Crystal Cavanaugh.
CAVANAUGH: Fountain Hills resident.
I've been involved in this discussion pretty much from the beginning. I've
attended most of the Planning & Zoning meetings. I'm not quite sure if anybody from
your office has attended, but I've also come to many of the Town Council meetings.
At this point, it has been discussed and rediscussed and reassessed and every
community has the right to set certain guidelines of how their properties and land is used.
That's all this does. The distances are reasonable and I say pass this exactly as written by
Planning & Zoning.
Thank you.
MENDENHALL: Jane Bell.
BELL: Mayor and councilmembers, you've seen us up here so much in the last two
years, I'm sure you probably all know us.
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But I wanted to give you some background information on detox. This is a very
important subject. It has been dealt with in this town. Here are some numbers. Within
25 miles of Phoenix, there's 14 official hospital inpatient detox services. There's 26
provided outpatient detox services. There's 53 that offer (indiscernible), 100 outpatient
treatment centers, 23 inpatient residence, 37 partial hospitalization programs.
Fountain Hills has always had a detox program. They do now, they always have.
They also have the partial hospitalization program.
So I hope that you consider everything because it is important, but we need to
take care of our town.
Thank you.
MENDENHALL: Next is Mathew Corrigan.
CORRIGAN: Madam Mayor, councilmembers.
Let me keep this short. I would like to encourage the Mayor and councilmembers
to pass this ordinance as proposed. We've heard from the attorney for Fountain Hills
Recovery make her points. But again, just to reiterate what's already been said, this has
been discussed. It's gone through the appropriate action. You have the ability to pass it.
I would encourage you to pass it tonight. And I don't think I can say any more than that
that's not already been said.
This is needed. We need to have a specific category for this type of activity.
Otherwise, as previously mentioned, our safety as residents and homeowners in Fountain
Hills could be compromised, not to mention property values. By localizing and
categorizing the requirements for these detox communities, you will do a lot to help our
residents, our homeowners, and even our guests and visitors. I would encourage you to
pass it as proposed.
Thank you.
MENDENHALL: Larry Meyers.
MEYERS: Mayor, council.
I'm going to be as brief as I can. As I've said on numerous occasions, this subject
has been discussed, researched, added to, subtracted from, for two solid years. It was the
inquiry by Fountain Hills Recovery of November 2020, which led to the discussion of the
February 2021 Council Retreat which began this exercise. Untold hours of research on
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both the residential and commercial ordinances have been tallied by residents, legislators,
legislative attorneys, town staff, staff at the state regulatory level, Fountain Hills Planning
& Zoning Commission, as well as multiple councils.
And now the synthesized language of the commercial and final portion of the
ordinance on this land use are before you. For the past six months, this language has
been hashed out and debated in public meetings with nary a word from any of the people
or organizations showing up to gain input or have their opinions heard now. I ask, where
were they? Planning & Zoning was looking for their input.
Well, now they're here at the midnight hour and they come here wishing to deny
or delay on scant information, inadequate research, requesting more discussion and citing
facts and inaccuracies not pertinent to local land use governance, making false claims of
discrimination, citing court cases conflating different aspects of the entire subject matter.
This has been from the outset a land use ordinance that outlines the parameters of
which a commercial service business providing zero revenue to the town may operate and
where the town chooses to allow the operation within its current zoning ordinances.
That's it. Period. That's all the ordinance is.
Planning & Zoning considered every aspect of this for far more than six months
when voting unanimously to recommend approval of 23-01 in its current form, and as
one who has spent much time on the research of this in this area, I think it's fair, well-
crafted, land use ordinance that should be passed as written tonight without delay, no
deposit, no return.
Thank you for your time.
MAYOR DICKEY: Please, no applause.
Do we have another speaker?
MENDENHALL: That's it, Mayor, for this item.
MAYOR DICKEY: Thank you very much.
Would council like to begin discussing or have any questions?
Councilwoman?
KALIVIANAKIS: Yeah, just to address what I was going to address before.
This is for you, Mr. Wesley. You mentioned in your report a market analysis, in
your presentation. Were you referring to a certificate-of-need?
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WESLEY: No, councilmember, Mayor. In the ordinance, item 6 on the list of
requirements, they would submit -- it states, document through market analysis by a
credentialed professional using the most recent applicable Fountain Hills census data on
substance abuse and mental health services administration data, the need for -- anyway, it
goes on. But that's what I'm talking about, is that market analysis.
KALIVIANAKIS: Well, I mean, was the market analysis whether we need to have a
facility like this in this town?
WESLEY: Yes.
KALIVIANAKIS: Okay. So basically, it's a certificate-of-need, whether this is needed
to be brought to town or not.
WESLEY: Okay.
KALIVIANAKIS: Roughly.
WESLEY: Could be.
KALIVIANAKIS: Okay. Thank you.
MCMAHON: Good evening, everybody.
I read through the ordinance and I agree with Heather Dukes. I don't think that it
is fully adequate in order to represent and fairly represent the community and the people
who require these services. I don't think that there's -- well, the -- some of verbiage is
well-defined. I think key definitions are missing, like providing services, et cetera. I
think it's overly restrictive as to placement of the facilities and also requiring them to be
singled out to be required to file an SUP. I think that -- I get the impression that the
intent is to treat these people, these people who need services, like they are different and
lesser than us.
Also, I don't understand at Section 06, where it says an ongoing basis for residents
of Fountain Hills basically to have these services. Is it constitutional to restrict these
types of services to just our residents? We're close to Verde. We're close to the Nation,
et cetera. I don't think that it is appropriate to just restrict these facilities to residents of
Fountain Hills.
Now, this matter was set to be discussed next week in more detail at the Council
Retreat and I really think it needs to be put back there, so that we can discuss it more so
that all of us can understand it better, no insult to the councilmembers. I feel like this is
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rushed. In talking to John Wesley today, I feel like he felt as though he was really rushed
to put something together for tonight. So I respectfully request that we move this back to
talk about it more at the Council Retreat.
Thank you.
MAYOR DICKEY: Thank you.
Councilwoman?
KALIVIANAKIS: I would like to request that this go to executive session, so we can
discuss this with our Town Attorney and just dismiss.
UNIDENTIFIED SPEAKER: (Indiscernible) Town Attorney -- the retreat?
MAYOR DICKEY: At this point right now?
KALIVIANAKIS: Yeah.
MAYOR DICKEY: Okay.
Should we do that?
ARNSON: Mayor, the council's welcome -- the Mayor is welcome to entertain a motion
and a second to go into Executive Session, if the council so chooses.
MAYOR DICKEY: Okay. Is that a motion?
KALIVIANAKIS: That is a motion to go into Executive Session tonight, right now, so
we can discuss with Aaron. And then we can proceed with the meeting.
MAYOR DICKEY: Okay.
GRZYBOWSKI: Second.
MAYOR DICKEY: Thank you.
All in favor, please say aye -- or --
GRZYBOWSKI: Aye.
MAYOR DICKEY: -- should we do a roll call because we're doing that now for the
minutes? So roll call, please.
MENDENHALL: Councilmember Toth?
TOTH: Aye. Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Ayes.
MENDENHALL: Councilmember Friedel?
FRIEDEL: No.
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MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Yes, for a brief.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: No.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Aye.
MENDENHALL: Aye. It passes.
MAYOR DICKEY: Thank you.
So we'll adjourn to Executive Session, so we can talk about this new information
that we just got.
**CLERKS NOTE – Council adjourned to E-Session at 6:57 p.m. and Reconvened
the Regular Meeting at 7:22 p.m.
MAYOR DICKEY: Thank you very much for your patience.
Further discussion on the item at all? Yes, sir?
SKILLICORN: Madam Mayor, may I ask Mr. Wesley a question?
MAYOR DICKEY: Of course.
SKILLICORN: Mayor.
John, good to see you again. Just out of curiosity, Planning & Zoning approved
this; did they approve it unanimously?
WESLEY: Mayor and councilmember, yes, they did.
SKILLICORN: Okay. And how many people are on Planning & Zoning?
WESLEY: Seven.
SKILLICORN: And it was still unanimous. Okay, thank you very much.
FRIEDEL: I'd like to make a motion to adopt Ordinance 23-01 as written.
TOTH: Second.
GRZYBOWSKI: I actually had my light on first.
MAYOR DICKEY: You can (indiscernible).
GRZYBOWSKI: Okay.
MAYOR DICKEY: I have to -- I looked stuff up. We can talk after motions. So go
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ahead.
GRZYBOWSKI: Okay. I wanted to address three different things.
One, I think we need to remove the insurance requirement. We do not require
that of any other business in our town.
Two, I would like to discuss removing from 8C, in looking at the staff report, the
section of -- oh my God, I can't read my writing. Or included planned area
developments, but leave the 500 feet from any residential zoning district.
Also, I wanted to mention that I watched all of the P&Z meetings as they
happened, and I rewatched the January meeting again yesterday. And kudos to the P&Z
because they did a whole lot of homework.
One of the things that Chair Gray pointed out was according to the website,
samhsa.gov, which is the Substance Abuse and Mental Health Service Administration,
which is a part of the U.S. Department of Health and Human Services -- that's a
mouthful; I can remind you guys the name of that later, if you like -- in here it mentions
we need to prove that there's a need in Fountain Hills, and that website in and of itself has
the data to support it. Using the Fountain Hills census and the SAMHSA data, at any
given time we have about 200 Fountain Hills residents in some sort of alcohol or drug
treatment program, and about 1800 or so that may be experiencing some level of
substance abuse in town that would qualify if they could go. And this is just people the
age of 18 and over.
MAYOR DICKEY: Can I ask you, would you -- are you thinking of amending the
motion to remove the insurance and then the repatriating items? Would you -- are you
looking to make an amendment to the motion?
GRZYBOWSKI: I didn't mention the repatriation.
MAYOR DICKEY: Oh.
GRZYBOWSKI: I mentioned the --
MAYOR DICKEY: Oh.
GRZYBOWSKI: -- or use including planned area developments in -- which is a part of
item 8C on that staff report.
MAYOR DICKEY: Okay. I guess --
FRIEDEL: Mayor, I would be okay with removing the insurance only. The rest of it,
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though, as written.
MAYOR DICKEY: Okay. Before we start amending or anything, on the motion itself,
the part about the repatriating, I don't understand how we can do that. I don't understand
how you can have a zoning land use and then tell somebody where they need to go when
they're done using that facility. So I'm asking --
GRZYBOWSKI: I feel like that -- I'm sorry. But I feel like that conversation was
coming up when they were talking about making sure that the people had a way home
and not just like kicked out to the curb. That they had transportation home. I feel like
that's when that part of that conversation came up. So I think that was the intent, if I
remember correctly.
MAYOR DICKEY: Could somebody clarify that, please? John?
WESLEY: Mayor, councilmember.
Yes, I believe that was really the intent. The language that was suggested is the
language that's in here. But I agree with the councilmember that really was the intent.
That they're not just kicked out the door. That somebody's there taking them where it is
they need to go, so they're not just left on the street. So there might be some different
wording that would work better than the way it's worded.
MAYOR DICKEY: Yeah. Repatriating the client back to their place of origin, that's
kind of a mouthful there. So is there another way to say that? And then make an
amendment about the insurance?
And I had mentioned earlier about an appeal process, but since there's a Special
Use Permit in here, that serves as an appeal process. So it can because they're making
their case, right?
WESLEY: Yes, Mayor. I've been thinking about that option just a little bit, and as one
of these would come through that Special Use Permit process -- maybe ask Aaron this
question -- but it may be helpful if there was some language in here someplace that says
the council could consider modification to items 2 through 7 of the list of requirements as
they are now -- if you start taking them out that number may change -- as part of that
Special Use Permit consideration.
MAYOR DICKEY: Aaron --
ARNSON: Yeah. Mayor and council, I would agree with that. It's presumably implied
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with the Special Use Permit process that the council can add or remove regulations, but
that might alleviate some concerns if we made that explicit in this ordinance, that we can
withdraw or modify requirements 2 through 7. Or remove or modify. Right.
MAYOR DICKEY: Okay.
So do you think -- Sharron, do you think you can make amendments with those
words? Or some of those things might be okay just by speaking, but I think the insurance
one would probably be well to be an amendment, and that's just number 1 there, right?
GRZYBOWSKI: No, it's -- number 4 is the certificate of commercial liability insurance.
Number 1 is the copy --
MAYOR DICKEY: Okay.
GRZYBOWSKI: -- of the license issued by the state, so --
MAYOR DICKEY: Oh --
GRZYBOWSKI: -- yes, I think number 4 --
MAYOR DICKEY: Okay.
GRZYBOWSKI: -- should --
MAYOR DICKEY: Okay.
GRZYBOWSKI: -- whatever it is you want me to say, that would be my amendment is
to remove that.
MAYOR DICKEY: Just amend the motion (indiscernible) to pass as written. This will
be an amendment to take that part out.
And then I'll ask even further, Aaron, if you're okay with it, the discussion about
the land of origin -- the place of origin. And then what John was talking about, is that
something you feel has to be an amendment or can you do that?
ARNSON: Yeah. It might help keep things straight for the record if we could do these
one at a time. Would that be okay? Okay.
MAYOR DICKEY: Yes.
ARNSON: So if the motion, Councilmember Grzybowski, is in fact to amend the main
motion to eliminate requirements number 4 -- is that your motion?
GRZYBOWSKI: Yes, thank you.
ARNSON: Okay. And is there a second?
MAYOR DICKEY: Is there a second to remove the insurance requirement?
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MCMAHON: Second.
MAYOR DICKEY: Thank you. So we have a motion and a second to remove the
certificate of insurance upon advice. So --
ARNSON: And Mayor, I want to make sure that we're clear, too. We will still vote on
the main motion and any subsequent amendments.
MAYOR DICKEY: Oh, right, right. This is --
ARNSON: Right. We're just voting on whether to amend the main motion to reflect --
MAYOR DICKEY: Okay.
ARNSON: -- Councilwoman Grzybowski's motion.
MAYOR DICKEY: All right. So can we have a roll call vote on the amendment?
ARNSON: Yes.
MAYOR DICKEY: Okay.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Yes.
MENDENHALL: Councilmember Friedel?
FRIEDEL: And this is just to remove the insurance?
ARNSON: That's all we're at -- that's where we're at right now, yes.
FRIEDEL: Yes.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Yes.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: No.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: No.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: Yes.
MENDENHALL: Councilmember Toth?
TOTH: No.
MAYOR DICKEY: Thank you.
Okay. Would anybody like to make a motion to include the -- now I'm forgetting
the two other things. The place of origin, as long as you know the intent on that, do we
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have to literally change that or can John just do that?
ARNSON: I mean, I assume that in enforcement we would understand how it is or isn't
to be enforced. If the council wanted to make that change to make it clear, we could
simply say something to the effect of the facility shall ensure that adequate transportation
is provided upon discharge. Something to that effect.
UNIDENTIFIED SPEAKER: I like that.
MAYOR DICKEY: I like that.
UNIDENTIFIED SPEAKER: No.
UNIDENTIFIED SPEAKER: That's very good.
ARNSON: Thank you.
MAYOR DICKEY: Okay.
GRZYBOWSKI: That makes it perfectly clear. I like that. Very good.
MAYOR DICKEY: Okay. So is that an amendment then? Or if we can just do that?
ARNSON: Yeah. If somebody wants to make that amendment, the council's welcome to
do so. But ultimately this is the council's decision as to what they want, to move to
amend or not.
MAYOR DICKEY: Okay.
KALIVIANAKIS: Can that just be done administratively and not to be codified? Just to
give town staff direction or whatever?
ARNSON: Well, yeah. Mayor and Councilmember Kalivianakis, I do think that the
enforcement, for the understanding, is that yes, this is -- it's not intended to be enforced
the way that it's written. Things get lost over time with what enforcement directives are.
The preference as a legal matter would be to change the language of the ordinance. If
that's not within the council's -- what they're willing to do tonight, that's up to the council.
MAYOR DICKEY: Again, I'll read it. A discharge policy that is geared toward
repatriating the client back to their place of origin.
Is that the language you want in there?
GRZYBOWSKI: No.
FRIEDEL: Yes.
GRZYBOWSKI: Oh, sorry.
MAYOR DICKEY: Yes?
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GRZYBOWSKI: No, because what happens if the place of origin is what contributes to
them needing to go back to this kind of facility? So transportation, whatever it was that
our attorney said, back to whether it be family or whatever, but I don't think place of
origin is the right thing. Because a lot of times -- and that's kind of what Fountain Hills
Recovery does, is it gives them an opportunity to get back out in society as opposed to
going back to their place of origin. So I do feel like there is a better way to say that.
MAYOR DICKEY: Will you make that amendment?
GRZYBOWSKI: I would like to amend it to whatever it was that Aaron said that really
sounded good at the time.
Sorry, Aaron. What was it you said?
ARNSON: Luckily, we have verbatim transcripts. So whatever it was that I said.
MAYOR DICKEY: Okay. Do we have a second for councilwoman's amendment?
MCMAHON: Second.
MAYOR DICKEY: Thank you.
Let's do a roll call, please, on the amendment.
MENDENHALL: Councilmember Friedel?
FRIEDEL: No.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: No.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: The motion wasn't even clear. No.
MENDENHALL: Councilmember Toth?
TOTH: No.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Yes.
MENDENHALL: Yes.
Mayor Dickey?
MAYOR DICKEY: Aye.
MENDENHALL: Four noes to three yesses.
MAYOR DICKEY: Okay. Thank you.
So the insurance, and then we talked about the market analysis and the idea that a
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business doesn't have to show that it's going to bring revenue into a town in order for it to
be a business that we would want. Otherwise, any accountant or doctors and such that
they don't -- that's never been a thing.
I'd also like to point out that while I know that it seems like it's been going on a
long time, this is the first time this council or any council has seen this item. We had --
again, we started in a retreat, trying to be proactive and at the time, there was a lot of
people that really didn't want to talk about it and then it did get diverted to a couple other
items. And so Planning & Zoning took it back up in March of 2022, and they've had six
meetings about it, but we haven't had any.
So this is our first meeting about it and we have a motion to pass this as is with
the removal of the insurance and none of the other changes as discussed.
So that's what we're voting on now, right? Okay.
ARNSON: Yes, Mayor. That would be correct.
MAYOR DICKEY: Okay. So we'll take a roll call vote. All in -- we'll take a roll call
vote. Thank you.
MCMAHON: Was there a motion (indiscernible)?
MAYOR DICKEY: Um-hum. The motion is for the as is, except for the number 4.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Just to be clear, I am voting to adopt the Planning & Ordinance with
the amendment.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Aye.
MENDENHALL: Councilmember Toth?
TOTH: Aye.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: Aye.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: Nay.
MENDENHALL: Mayor Dickey?
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MAYOR DICKEY: No.
MENDENHALL: It passes, five to two.
MAYOR DICKEY: Thank you. Thanks very much.
The next item on our agenda is the termination of the roundabout and Fountain
Park Plaza projects on Avenue of the Fountains and Saguaro.
MILLER: Yes, Mayor. At the request of Councilmember Toth and two other
councilmembers, this item was added to the agenda.
The item before you is actually in the Capital Improvement Program budget and
Councilmember Toth has requested that the council consider terminating the roundabout
and also the plaza which would be at the very end of the Avenue of the Fountains, which
would provide the access point to Fountain Park. And with that, I think that
Councilwoman Toth has probably some comments to make since it was her initiative.
MAYOR DICKEY: Thank you.
TOTH: Yes, I requested this item, due to the fact that as we heard in the last council
meeting from -- I think it was only one -- but we've also had emails about the extreme
amount of backlog for our road maintenance, and my promises in my campaign to ensure
I was looking through our budget and finding areas that money could be diverted to
roads. This is part of that campaign promise of ensuring that a project that frankly -- we
could afford to do the study or the design, but we could not afford to do the project. I feel
it is fiscally irresponsible.
It could be beautiful, but I do know that business owners in that area would prefer
different ways of supporting them in the downtown district as well.
MAYOR DICKEY: Do we have any speaker cards?
MENDENHALL: Yes, Mayor, we do.
MAYOR DICKEY: Thank you.
MENDENHALL: First, in your packet you have written comments. Three are in favor
of the termination of the projects, and three are opposed to termination of the projects.
And now we do have several speakers on the topic. First is Liz Gildersleeve.
GILDERSLEEVE: I promise this is the last time I'm going to speak tonight.
Given the many other need-to-haves in town, as Hannah pointed out --
Councilwoman Toth pointed out, I agree that formally terminating the roundabout and
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stairway to heaven plaza project at Avenue and Saguaro is fiscally prudent at this time.
For starters, I have a hard time imagining an 18-wheeler taking the curve of a
roundabout.
As someone who walks a lot throughout our beautiful town, crossing at this
roundabout would feel a lot like being in a Tetris video game, as that is how it feels when
it's busy at the other roundabout by the post office, although admittedly that roundabout
would not be nearly as busy as the one proposed for Saguaro. Traffic does not yield for
pedestrians in roundabouts. Pedestrians yield for traffic in roundabouts, or risk becoming
a pancake. Imagine crossing with a stroller, or in a wheelchair, or with a walker.
That said, I was surprised to read a Facebook social media post on one of our
local community pages Sunday night from several Democratic Club members that
proclaimed that one of the reasons for keeping this project was to provide an ADA
accommodation and avoid lawsuits. Interestingly, nowhere is an ADA accommodation
mentioned in the agenda or its attachment for this agenda item, nor do I recall this being a
main reason for the project during the perhaps one or two times it was discussed by the
previous council. Where is this new talking point coming from and from whom?
Of course, the social media poster concluded on his clearly orchestrated and
timely post that anyone who opposed this roundabout hated people with disabilities --
literally said that.
It's the same manufactured shaming we faced from our sober home industry
opponents during the sober home and detox facilities debate, that if you had the audacity
to advocate for a reasonable ordinance, you hated people with addictions. Same pathetic
playbook and just stop. Have serious discussions and make decisions based on facts, not
manufactured emotions.
Thank you.
MENDENHALL: Next is Crystal Cavanaugh.
CAVANAUGH: Like I've said previously, I'm not against roundabouts across the board,
especially in areas of high vehicle traffic but low pedestrian traffic. But I am against a
costly and dangerous roundabout at Saguaro and Avenue of the Fountains.
First off, roundabouts are meant to improve the flow of traffic and I'm sure some
will show you studies where it may seem to be safer, but that's for motor vehicles.
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However, when you add pedestrians into the mix, dogs, bikes, wheelchairs, walkers,
canes, children, the disabled, the elderly, slow-moving people, the fountain, the tourists,
the festivals, and the fairs into an overall comprehensive safety assessment, most likely
you'll get a much more dangerous situation and it would be a known liability.
And then there is the unaffordable cost for the finished roundabout project and the
park revision. In its entirety, that's estimated by some to reach the multimillions.
A pipe dream for some on this council for how it would look to visitors, but not a
necessity, not a good idea, and mostly likely risky to anyone trying to cross. Remember,
roundabouts are intended to keep the traffic flowing, not stopping at various points while
in the circle, exiting the circle, or entering the circle. This should never be implemented
at this location, not to mention it is a truck route.
MENDENHALL: Next, we have Jerry Butler.
BUTLER: Mayor, council.
My name is Jerry Butler. I'm a fulltime resident in Fountain Hills. I've been here
for 24 years.
I'm a retired civil engineer. I have designed many highways, many streets, many
roads, you name it. And I'm not here to talk about designing the roundabout, but I am
here as a member of the Streets Committee, not representing the Streets Committee but as
a single member, saying that when we first took on this assignment, it was six months of
work. We're all volunteers. There's 12 of us.
We have now been at it 18 months. If that doesn't tell you the complexities in
what we are talking about at the committee --
We have been here before this council -- not this council, but council last year.
We've been twice. It's my understanding we're scheduled to make a presentation at your
retreat. I request, please give us the courtesy of finishing our assignment as a committee,
then later make a decision based on facts about the roundabout or anything else
associated with it.
The streets in Fountain Hills are a complex issue. You've seen people here
tonight talk to you about their cracks. We are addressing those things. Please give us the
courtesy of finishing the work that we started out to do.
Thank you.
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MENDENHALL: Next, he doesn't want to speak, but his name is Fred James and he
wants to keep the proposal and study going.
Unless you've changed your mind, Fred? Okay.
Next is Mathew Corrigan.
CORRIGAN: Madam Mayor, councilmembers again.
I would like to say that, to keep it short again, I would encourage the council to
proceed with the ordinance as stated. There's one basic reason for this. We heard from
several people talk about vehicles versus pedestrians. That's absolutely true.
Roundabouts are designed for traffic flow, but not pedestrian traffic.
If you want a good example of roundabouts run amuck, simply take the 17
freeway, I-17, and turn off at Cottonwood. There are five, maybe six roundabouts which
go nowhere. It might have been a great idea. It cost a tremendous amount of money.
Getting back to Fountain Hills, I commend Councilwoman Toth and the other two
councilmembers who, rather than looking at a project and a concept and development,
looked at prioritizing the cost and using fiscal responsibility to repair long-neglected
roads. And I'm not the first one to say long-neglected roads. You've heard a litany over
the last month or so, two months, and back before that, much longer than I've been here,
about the condition of the roads.
I commend all of you for prioritizing that for the fiscal responsibility and not for
the emotion and not for the appeal to stick with engineering and what we've done, what
we've accomplished. We need to prioritize infrastructure, fixing the roads.
Thank you.
MENDENHALL: And our last comment card is Richard Gohl. And feel free to correct
me, if I said your last name incorrectly.
GOHL: Good evening, Mayor and councilmembers.
My name is Richard Gohl. I'm a Fountain Hills resident and I'm here to
encourage the council to not cancel the project, but consider going forward just with the
design and engineering and not necessarily construction.
I will admit to not knowing what's actually budgeted right now, whether it's the
whole project or just the design, but my understanding is that going forward with the
design, having a completed design, would allow for the application of federal grants to
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help fund this project.
It is more than just a roundabout and it's not a grand stair. It connects two very
important economic engines in the downtown area, the Avenue of the Fountains district
or Avenue district, and the Fountain Park district.
It also kind of completes the design. We've got a beautiful Avenue of the
Fountains that just dead ends at a cliff into a retention base and that's supposed to be
the -- it's the hallmark of our town. You know, there should be a grand entrance, I think,
when you come off Avenue of the Fountains into that park. The current state is just kind
of awkward. You cross a crosswalk.
There was a lot said, and I know there's a lot of emotions around roundabouts. It's
like a bad word. But two speakers talked about the hazards of pedestrians and that
roundabouts are designed to separate or not -- they shouldn't mix. You shouldn't have
pedestrians. My understanding and what I've seen from the plan that this whole thing is
part of, and there is a plan, the pedestrian crossings are not at the roundabout. They're
separated intentionally from the roundabout for the very reason that the two previous
speakers spoke about.
Like I said, it's part of an area-specific plan that many hours have gone into.
Many people for many years have studied it. Professional design firms have contributed
to it. Many residents and businesses have contributed to approving this area plan that's
been around for decades. So I think it would be an economic aesthetic benefit to the
town. I think just at least going forward with the design would be a great investment to
allow the staff to apply for those benefits.
So again, I encourage the council to -- whether it requires an amendment or
whatever has to be discussed -- to go forward with the engineering design and defer the
construction to some point in the future. And I do agree with making money available to
maintain our roads.
Thank you for your time. I appreciate it.
MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: I've driven to Vegas a number of times and there's a number of
roundabouts that 18-wheelers barrel through without a problem, so I just wanted to make
sure and say that.
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I'm not sure why this is on the agenda. We actually talked about it in September
and agreed as a council to postpone the conversation and it never actually came back. I
assume it's because of the Streets Department and we -- or Streets Department, Streets
Commission -- sorry, Jerry, wherever you are. I assume it's because of the Streets
Commission [sic] and we wanted to hear their final report before we brought it back to
us.
That being said, I do truly feel like we need the accessibility access from the point
of Saguaro across the drainage ditch, because I know I see people, myself included, that
walk through the drainage ditch instead of walking the half a mile around to get to where
you want to go in the center. So I do feel like that's very important.
One thing I would like to correct is people keep calling it a grand staircase. It is
not. It is an amphitheater/overlook, so that people can watch the Fountain Hills cross-
country that happens once a year. They can watch whatever it be, whether it be the
fountain go up green or the Irish Festival. So I just wanted to make it clear that the intent
is not steps. It is actually a seated amphitheater for people to look out at .
One of the things about the roundabout that I do have a problem with is it -- if I
remember correctly, it was recorded as one lane that we had approved for the design for.
And according to my conversation with Director Weldy last week, we're really going to
need something bigger than one lane.
That being said, I do support Commissioner Butler and I would love to hear from
the Streets Commission before we actually make the decision to completely pull this, or
maybe pull parts of it, or at least hear from the people that've been working on this for the
past year and a half.
MAYOR DICKEY: Any -- yes, Vice Mayor?
MCMAHON: I agree. I don't think that this should be disallowed. I think if you look at
this as safety first, it's a measure to mitigate traffic and safer pedestrian access to the park
from Avenue of the Fountains. That's a dangerous crosswalk. It is in the CIP budget for
the design and planning. It's also in the 2009 Capital Improvement Plan that specifically
provides for a roundabout at that intersection. There's professional drawings of it at
pages 31 and 33 at the 2009 Improvement Plan, and it is meant to connect the downtown
area with the lake district area as a connectivity and I think that the roundabout in our
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town that has been put in has been safe. It is well-used, and I think it complements
Avenue of the Fountains.
I also think that the plaza project is an excellent idea. It complements the 2009
plan, which also provides for accent seating and viewing that enhances the lake, which
the plaza project will do.
And again, it's safety first. It would provide safer access for people of all abilities
to access the park. I'm sure we have all tried to go down the hill to access the events that
we have there and tried to crawl back up the hill. I mean, it is a ridiculous way to access
the park for hundreds of people, not just our residents. And I think that it would be a lot
safer and this is a need. It's not a want.
It's going to enhance our famous iconic fountain and park, and it will turn it into a
better destination park. And in addition, in order to get grant money to fund this project,
we have to have a design and a design concept. And these designs will allow us to apply
for grant money that can pay anywhere from 70 to 90 percent of the construction project.
This is not an irresponsible or frivolous request. These projects are well-thought-
out. We've been talking about it for a while and I think it would be a disservice to not
listen to Jerry Butler's Commission and to not have this available for our town and our
community. It really would help attract visitors and be a destination venue.
I would also like Justin Weldy, if you don't mind, to please come up and talk
about the costs. I think that it's in the budget in the Capital Improvements Project. I
think that it's going to be a couple hundred thousand dollars to do the design project and
then it's going to be lower than what you thought, I think, to do both of the projects.
Please correct me if I'm wrong.
WELDY: Madam Mayor, Vice Mayor.
In regards to the cost for design for the roundabout, and this is -- we got this some
time back and we haven't received any indication that the cost would be increased from
the engineering firm. The cost for the design for the roundabout was $260,601. That's
slightly over what we had anticipated when we were looking at our crystal ball on the
two-year horizon when we put it into the capital projects.
MCMAHON: Okay. And that's just for the roundabout. What -- for the design for the
roundabout?
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WELDY: The cost for the Fountain Park access was $131,000 for the design.
MCMAHON: Okay. Thank you.
Also, I wanted to mention that we received a letter today from the Fountain Hills
Chamber of Commerce in support of both of these projects. They think that it would
enhance business and attract visitors as well.
Thank you.
KALIVIANAKIS: I've got the letter right here.
TOTH: That's not correct.
UNIDENTIFIED SPEAKER: That's not how we read that.
MCMAHON: I read it that way.
MAYOR DICKEY: Okay, hold on. Hold on. So Brenda?
KALIVIANAKIS: Yeah.
MAYOR DICKEY: You had your light on.
KALIVIANAKIS: Thank you, Ms. Mayor.
I know there's been a lot of energy on this and with due respect with Mr. Butler, I
know there's a lot of people that are for this project, but I do believe there's a lot more
people against this project, and that's why I'm going to vote against this project. But I
want to explain why I'm going to vote against this project.
The town did a presentation to the Chamber and to other various entities
regarding this specific roundabout. And the rendering that they had, they had a four-lane
roundabout with paver stones and the beautiful lake and the downtown and families
crossing back and forth, holding hands. And the only thing that was missing was the
trucks and the cars that are going to be using this at the same time, okay? That's what
was missing from the rendering. So as good as it looked, if we close down the road and
if we want to do pavers, that's all right.
My first concern is safety. Do you know that there are law firms out there that
specialize in roundabout litigation, okay? If you build a roundabout, which should be
used out in the country where you just want to keep traffic flowing. They're not used
where there's a lot of traffic going back and forth, like was mentioned earlier with the
carriages and the mothers and the children trying to go past with stop signs, no stoplights,
and just this constant flow of traffic. I just see that as ludicrous.
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My second reason that I'm going to vote against this is the expense, which is
going to be great.
And all we've heard about since I've started running 16 months ago is they want
people to fix the roads. That's the number one priority. If we spend all this money on
this project, we're going to be tarred and feathered, okay? To put it simply. We have a
commitment to the people that -- like two weeks ago with the tire. He was driving down
Palomino and a $500 repair bill. I've heard this from so many people and their streets.
And not the mains, okay? But the neighborhoods and the residential streets. They're
damaging people's cars. They're unusable, some of these streets. So this has got to be
addressed before we do these I would consider want-to-have projects.
Now, I have a copy of the Fountain Hills Chamber of Commerce letter that was
sent to us today. And with all due respect, I will read.
The Chamber board is not in favor of the current plan concept.
Is that clear enough for everybody? They're not in favor of this.
They did say that they would support other improvements that would increase
business, okay? Which, you know, maybe the stairs, whatever you want to call them, you
know, the Chamber would be for increasing business through this Capital Improvement
Project. But they're clearly not in favor of this roundabout.
And so for those reasons, I would be a hard no on this.
Thank you.
MAYOR DICKEY: Councilwoman?
TOTH: Actually, Allen, if you would like to go before me?
SKILLICORN: Mayor, if you'll allow?
Actually, I want to -- if it's all right, Mayor, I'd like to bring up Justin Weldy once
more.
I'm just trying to make sure you're getting your steps in tonight.
Quick question. And we're specifically talking about Saguaro and Avenue of the
Fountains. Now, how old is that intersection? How old is the pavement there?
WELDY: Madam Mayor, councilmember.
Saguaro itself was repaved as part of a bond package eight years ago. And
Avenue of the Fountains was repaved as part of the downtown project approved by the
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Mayor and council three years ago.
SKILLICORN: Okay. And Mayor [sic], how old are the stop signs in the new kind of
configuration there?
WELDY: Madam Mayor, if I may. The three-legged all-way stop is about -- was
initially put in about -- less than 20 years ago. Prior to that, it had a flashing light there.
But the new LED flashing stop signs are about three years old.
SKILLICORN: Three years. And everything there is paid for, right?
WELDY: Yes, sir.
SKILLICORN: And what is your estimation of a useful life of the pavement at that
intersection?
WELDY: With --
SKILLICORN: Do you think it'll last another decade or five years, or is it about to go
bad?
WELDY: With proper funding and the right treatment at the right time, 25-plus years.
SKILLICORN: Okay. It's 25-plus years if we take care of it and maybe we get a little
lucky. Okay. That's actually very helpful.
And just to -- you know, just to -- kind of some comments and I do have a couple
questions still to go on. I wouldn't consider myself anti-roundabout. I actually think we
should have a solution for this intersection. I don't think it's the best. There's design
things that could be changed, but when I hear some of this evidence and I see the
condition of the pavement, it's in great condition, I just can't see tearing apart a perfectly
good intersection, tearing apart asphalt and, you know, effectively throwing it away and
doing something new, especially for an intersection that could last, you know, 25 years.
That sounds really far out there. You know, I'm thinking more like ten years with trucks
and things like that.
But I'm definitely not against a roundabout or some other type of engineering
solution here. I just kind of wonder if it's premature to talk about tearing out this
intersection.
So Mayor, if it's okay, I actually have a question for Councilwoman Toth.
MAYOR DICKEY: Sure.
SKILLICORN: Mayor, councilwoman.
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Is the intent to never have a roundabout at this intersection? Or is the intent of
what you're doing here, you know, more so -- like let's put it on the backburner for five or
ten years?
TOTH: Thank you, Councilman Skillicorn.
First of all, I am amazed by the amount I have learned about roundabouts in the
past couple months. I have all of the fun facts, in case anyone is ever curious. For
example, the United States only has 7,000 roundabouts, or just about that.
Anyway, no, my intention is not simply to ensure there is never a roundabout in
this location, or that there's never any improvement projects. As I mentioned before, and
as is stated in that letter by the Chamber, I would agree with the business owners and the
Chamber's decision in that area, that possibly we could look at other improvements. But
at the moment, my core belief is that it's just fiscally responsible.
SKILLICORN: So let the record reflect that the intent of this is not to never have a
roundabout, or never have improvements at this intersection. It's that we're just holding
off for a few years.
TOTH: Correct.
SKILLICORN: And it kind of leads to my final, you know, idea here. And it's why
now? Why do we want to postpone this now? And I think that question is almost
answered in this discussion.
Another member of council mentioned that this council wanted to postpone the
roundabout. That's great.
And I do also remember sitting in these seats here last summer when we were
discussing the budget and there were some questions. Why is there a quarter million
dollars appropriated in this budget to a study for a roundabout? And I still remember the
promise from staff and this council that there would be no spending on a roundabout
unless it came to council and was voted on. And I distinctly remember that promise.
And to my shock, when I walked into the Chamber of Commerce last month and
they told me that they were having a meeting with some of our staff's highest paid people
on a roundabout for our town. Literally, our town was putting together a presentation to
sell a roundabout to the Chamber of Commerce behind council's back. That's why we're
doing this. And that's why I'm going to vote yes for this, to postpone the roundabout.
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MAYOR DICKEY: I need to address that, please.
So first of all, you're kind of making my point about why are we talking about this
now when you bring up the fact that there was that assurance. Because the way we do
budgets and the way we do capital improvement projects are we talk about them like
we're going to start talking about them now at the retreat, and then we'll -- staff brings us
what they feel they want to do that year. We kind of look at it preliminarily and decide
whether we'll go forward with it or not.
But we don't do that right away. We end up -- and Jerry knows this because, you
know, he was reticent about this project and -- but when we got to the fact of saying
okay, we're going to do the three-point -- or whatever it was -- 300-something-thousand
dollars. It's not a study. It's the engineering design of it. It is not a study. But it's the
professional engineering to come up with a plan for that intersection. So we all agree that
everybody wants something to happen at that intersection. We don't know what that
would've been necessarily because we're not going that far with this.
But to your point, we don't look through the budget for past proposals and decide,
oh, we don't want that, so let's have a meeting and talk about staff time doing this entire
meeting for something that was never brought back to move forward with yet. And most
of that was because we are waiting to hear from the roads and to figure out what our next
step is going to be.
So when you go to a retreat and you see all that, you know, three, four, seven,
however many projects we have, you have the full picture and we'll know what we're
going to need to do for the roads and what steps we might take and are we going to, you
know, temporarily just stop doing anything extra.
But this entire conversation with comments and staff time is a hundred percent
unnecessary because it was going to be revisited. It was never brought back to go
forward with it. So you know, you talk about wasting time.
And talking about that Chamber, well, we have the TAMA, The Avenue
Merchants Association, which is fairly new, which is something that we talked about a
few years ago with some of those businesses and finally getting going. There's strong
interest in doing something at that intersection.
So in order to gauge the opinion of the Chamber, yeah, I went and went to their
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retreat. They were having their retreat and we brought these ideas and we got the feeling
that yeah, they would love it to be one lane. They would love to have on street parking.
There is a lot of support to do something here.
So yeah, if you want to kind of make a statement here and say it publicly, go for
it. But you need to know that there's no secret meetings. There's no -- we did not spend
the money on the design yet. That was what we were going to decide to do, which is true
to our word when we did the budget. These things don't move forward until staff brings
them forward and then we can decide whether to do them or not.
So I think there's a lot of talking about it being a $4,000,000 project or more, 17
percent or whatever the inflation is. There's so much talk out there that distracts from
what this really was -- a 2009 downtown area strategic plan that was done and was voted
on and included in our general plan by a bunch of people trying to make this complete the
downtown. And that's all it is. It's nothing sinister. There's nothing else going on.
And we're happy to not do it now and obviously, we all care about the roads and
we've been trying to pass different ways of funding them for many years. And now
we're -- hopefully that we have a civilian, or whatever you want to say, a citizen
committee to come back to us who have no objective but to make this work.
And that's why I wanted this to be on the retreat. I had agreement with several
councilmembers for this to be on the retreat, but here it is.
So I just wanted to make that point that it's not a grand stairway. It's not a study.
It's not $4,000,000-plus. Let's just talk about facts and if, again, you don't want to go
ahead with it, we will not go ahead with it, obviously.
Any other comments? Is there a motion?
GRZYBOWSKI: Wait. Hannah had her light on.
MAYOR DICKEY: Yeah. Oh, I was looking at her. That's who I'm asking.
TOTH: Thank you. Yeah.
I will. I have a little diatribe first.
I want to, first of all, very much clarify that I have great respect and appreciation
for the work of our Streets Commission and I appreciate what they're doing to identify
what we need to do to address the backlog of streets maintenance. In no way is my
intention of terminating this project or proposing to terminate this project a way of
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overstepping or going over the heads of the Streets Commission. I'm just hoping to free
something up for when we do know what you need and that's going to take a lot of work
even after the presentation.
So I want to thank you for the work you're putting in and also reiterate the fact
that I'm happy to look at other project proposals in the future. At the moment, I don't
believe the town being fiscally responsible, that being a goal that we have, I don't believe
this matches that goal.
So with that, I move to terminate the proposed roundabout project and related
Fountain Park Plaza project from the Capital Improvement Program and discontinue any
current or future expenditures relating to these projects.
MAYOR DICKEY: Yeah.
FRIEDEL: Hannah, thanks. I agree with what you said. This is no slight to Jerry Butler
and the Streets Committee.
The roundabout to me is different from the streets in general. That's good
pavement there. Plans change and the financial outlook for this town is changing every
day. It's not a need-to-have. It's a nice-to-have. We've got a perfectly good intersection
there. Can we make some modifications? Perhaps. And that's something we should look
at.
That $400,000 for the design of this is probably just a drop in the bucket
compared to what the actual cost is. I think it's somewhere between five and ten percent
of the actual cost of that project. That puts it at probably $4,000,000 or somewhere in
that neighborhood and that's given lower inflation figures, I'm guessing, too.
And then there was the Bart Shea comment that if there was something really
needed there in the way of traffic control, he might be responsible for that. So that's
something else I think we need to look at and investigate. When he finishes his project
down along the Avenue of the Fountains, there could very well be something that he has
to do there to help the traffic flow.
So again, I think everybody in this room knows that I'm not for this project at this
time and so I would be on the side to terminate this as well.
MAYOR DICKEY: Do you want to second it?
FRIEDEL: Second the motion.
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MAYOR DICKEY: Councilwoman?
GRZYBOWSKI: Before we vote, I just wanted to say a couple of things.
First of all, I did not say we wanted to postpone the roundabout. What I said was
we were postponing the conversation of the engineering design. And I want to make it
clear that our intent was not let's design this sucker and do it next year. Our intent was
it's less expensive to design it now, then if we have the opportunity for a grant we are
ready to apply for a grant. Because we cannot apply for a grant if we go in and just say,
oh, we really hope to do this project in the future. That's not how grants work.
Also, regarding the new additions for Park Place, I believe, and our attorney can
correct me if I'm wrong, but our development agreement has already been -- it's already
sealed. So it's not like we can go to Park Place or Shea and say, hey, now get us some
funding so that we can do whatever we want to do at that particular intersection.
MCMAHON: Also, I would like to clarify that I have never heard that this is a
$4,000,000 project. Justin Weldy just -- basically, he's told us what the figures are and
the exaggeration of $4,000,000 is just that, an exaggeration.
FRIEDEL: I don't think a two-lane roundabout you're going to get done for a
$1,000,000. The one we just did was almost a $1,000,000.
MCMAHON: There you go.
MAYOR DICKEY: The total including design is 3.4 million.
The other thing is, the ADA stuff is not a surprise at all. It was always part of
this, so you know, I don't -- you can get mad or upset.
What I'm saying, look back, it was always ADA access and in the budget it's 3.4
million for design, engineering, and construction. Who knows, right?
But anyway, we have a motion and a second. Any further discussion?
Roll call, please?
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Yes, to postpone.
GRZYBOWSKI: To terminate.
UNIDENTIFIED SPEAKER: Terminate.
SKILLICORN: Oh, yeah. Termination of proposed -- yes. Yes.
MENDENHALL: Councilmember Toth?
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TOTH: Yes.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: No.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Yes, to terminate.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: No.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: No.
MENDENHALL: It passes.
MAYOR DICKEY: Thank you.
Our next item is a resolution -- I mean is a -- let's see, restating our council rules
of procedure.
Hannah?
TOTH: Yes. So the Rules of Procedure, there are other things to look at with the Rules
of Procedure, but this specific agenda item is regarding our rule that states -- I clicked on
the wrong one. I apologize.
The rule currently has a loophole which essentially says that three councilman can
request for an item or direct or an item to be put on the agenda via email or written
request to the Town Manager or -- yeah, Town Manager, Town Clerk, or Town Attorney.
Point being, it does not say the next available agenda. And this is a loophole that it's
been evidenced to me needs to be closed. So that's why I requested it.
MCMAHON: I have a comment.
MAYOR DICKEY: Sorry? Vice Mayor?
MCMAHON: I don't look at it as a loophole. The Rules of Procedure already provide
for council to place a matter on an agenda. The existing rule takes into consideration the
Mayor, the Town Manager's time and input, the staff's workloads, timing of the item for
the agenda, the staff's preparedness and readiness for it to be placed on an agenda, and
also for presentation to the council, along with the host of other considerations so that the
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matters can be properly given to the council in fullness as possible.
Historically, the Mayor, the Town Manager, and staff and previous
councilmembers have all provided timely and balanced agendas respecting the proven
process and staff's preparedness. To demand and require that an item be placed on an
agenda is disrespectful of this process, of the staff, of the Town Manager and the Mayor's
time, and it unnecessarily interferes with staff's workload and effective project
management.
Many of them were set for discussion at next week's council retreat. And I think
based on what I think are premature demands, mistakes have been made already and time
and resources wasted. The firing of the town lobbyist, it's going to cause financial
hardship to the town because we don't have a representative at our legislature. The
unlawful and disregard to the proper process in repealing the sign ordinance and its
adverse contents had to be reinstated --
KALIVIANAKIS: Point of order. Point of order.
MCMAHON: -- and had to be reinstated and is not --
KALIVIANAKIS: This is not on the agenda. This is not relevant to this conversation.
MCMAHON: Yes, it is. And if you'd let me finish --
MAYOR DICKEY: Excuse me --
MCMAHON: -- let me finish, please.
SKILLICORN: We should vote on the point of order, please.
MAYOR DICKEY: Excuse me. We're talking about the --
MCMAHON: Excuse me. I'm in the middle of my --
SKILLICORN: We should vote on the point of order, please. There's a point of order.
We should vote on it.
MCMAHON: -- I'm in the middle of my comment --
SKILLICORN: But there's a point of order --
MCMAHON: -- and you are being so rude.
SKILLICORN: -- but there's a point of order. We shall vote on it.
MCMAHON: Extremely rude.
ARNSON: Everyone please stop.
Now, there's a point of order pending on the table. The question is whether or not
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this is relevant to the discussion or not.
If Councilmember McMahon could kindly conclude?
MCMAHON: Thank you.
ARNSON: Thank you.
MCMAHON: I believe my comments are relevant to it. Because there are other town
resources and time has been made [sic] based on what I believe are premature demands
on things, that were items that were meant for council retreat discussion. And we
already -- you saw how the repeal of the sign ordinance went down. We had to turn
around and spend time and resources in reinstating it. I just think that, you know, we just
can't continue to be wasting everybody's time on these matters without respecting the
process that's already in place and has been proven.
And also the manner in which some of these requests have been made, if you look
back and you look at them, I think they've been disrespectful and I think they've been
rude.
I don't think there is any basis, I don't think there is any need to change this rule of
procedure. I think it's just another way to sidestep prudent procedures and properly
evaluate and have balanced agenda. It adds nothing to the rule and accordingly, I believe
it is without substance or merit, and another waste of time and valuable resources and I
do not approve of it.
MAYOR DICKEY: Councilwoman?
KALIVIANAKIS: Thank you, Ms. Mayor.
I think the Vice Mayor just made my case, so thank you very much for that.
The rule states that the Mayor or three councilmembers may direct the Town
Manager to put an agenda on the item [sic]. The laundry list of the delays that you just
read was that any staff, anybody in the town, for any reason, this can be delayed, delayed,
delayed until basically it guts the rule of three town councilmen putting things on there to
begin with.
Now, I think Mayor Dickey would work in good faith with us and I'm confident
of that, but this rule was written for maybe a mayor or staff that maybe didn't do good
faith.
I think this is a good public policy. It's written in there that three councilmembers
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can put it on there and the delaying tactics that you just talked about is the reason that
we're suspicious and that we want this to be addressed at this Town Council meeting
tonight.
MAYOR DICKEY: I'd like to address that. The only thing I delayed was because two of
the three people on a past agenda item withdrew their support for that item to be put on
the agenda. So I did not put it on an agenda. I have not delayed anything.
KALIVIANAKIS: I think you misunderstand. I didn't accuse you of the delay at all. I
just said that Peggy's reasons for all the delays -- I was not putting that back on you, Ms.
Mayor.
MAYOR DICKEY: Thank you.
MCMAHON: I think you misunderstood what I was saying. I wasn't accusing of delays
[sic]. I was stating that demanding things to be immediately put on an agenda caused
delays and caused mistakes to be made. For example, the repeal of the sign ordinance
and having us -- had to come back and reinstate it. The firing of the lobbyist without
really, I think, adequate discussion.
I just think that, you know, through the past process that the input of the Town
Manager, the Mayor, and the staff, and respecting of their project management, their time
and their workload, they've always strived to have a balanced, well-thought-out agenda.
So that we're not here until 10 o'clock at night or arguing back and forth. So I think the
current rule that states that we can place items on an agenda is appropriate and does not
need to be changed.
MAYOR DICKEY: Thank you. Councilman?
SKILLICORN: Madam Mayor, first I think we need to thank you for the time you put
together -- to put these agendas together, and I know you have been open to some
suggestions in the past.
And then when I read this, it appears to just be a clarification, and I think
clarifications are good. And I actually believe this will make your job easier, so that's
why I'm going to vote aye.
MAYOR DICKEY: Thank you. It doesn't make it easier because what happens is, if you
tell me you want some -- first of all, this is a brand new thing. When I've been on council
for eight and a half years, I never had to do that as a councilperson and now as Mayor,
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every single agenda has been something like this, instead of just like talking and like --
and Jerry knows, because he's two and a half years on here.
What do you want? What are your goals? Tell me what you want to do, we'll talk
about it. This item and the overlook, whatever, this is particularly an item on our retreat
to make some changes, because I think we all saw some things happening in the recent
past that we want to change. So the whole rules and procedure are on our retreat.
But what happens is, we --- like right now, if we change this, there is another item
about this on the agenda for the retreat, so this may end up being moot and this entire
conversation, and however long and whatever. That's what I think is the frustrating part.
Because I've never had to have people, you know, changing the orders and telling me
what they want and it's got to be the next one, even when we might need a hearing, which
was the case. So you can't put it -- unless you mean by next available, next legal, or next
like there's room, I mean, I don't even -- I don't really know what this means, in addition
to -- or different from what it already says. I will put it on the next agenda when it's
doable, plausible, legal, we can have all the information.
So it's again, you know -- obviously, you want to do it, you're going to do it. But
that's -- it is kind of disrespectful because I haven't sat here and said -- no, one thing,
when you wanted to change the order of something, but it was the last item, and it's
always the last item. So I didn't want to change the direction to the Town Manager up in
the middle of the agenda because like -- so that's like probably the only thing, I said I
can't do that. Everything else -- so I don't know. You know, it's up to you, obviously,
but --
KALIVIANAKIS: It's up to all of us.
MAYOR DICKEY: -- it's just made -- it's made everything very chaotic and not needing
to be, so that's what I think about that.
But go ahead. Did you already make a motion? I don't remember. No? Okay.
What would you like to say?
TOTH: Give me a second.
My intention was never to bring up specified examples or accuse anyone of
anything. However, considering the comments that are accusatory toward myself, I want
to clarify that I had requested for the roundabout and not staircase item beforehand. It
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was on a draft agenda and then it was removed from that draft agenda. I then tried to
honor requests to go to the Mayor beforehand, and that was again not on the agenda
because of this loophole in the council rules. I understand that this may not have been
something that has been used in the past; however, it has been in our council rules to my
knowledge always.
ARNSON: At least since I've been here, so I can only speak back to 2018.
TOTH: Okay.
ARNSON: But yes, it's been there for some time.
TOTH: Okay, so I personally am not aware of a time that it was added. I believe that has
been the council rules for some time, possibly since '89. I would have to go back and dig
through agendas, I guess.
My point being, I didn't want the conversation to turn this way. That's why I was
keeping my comment short and sweet, but --
I therefore move to adopt Resolution 2023-05, approving the proposed language
as presented.
SKILLICORN: Second.
MAYOR DICKEY: Thank you. We have a motion and a second.
Roll call, please.
MENDENHALL: Councilmember Toth?
TOTH: Yes.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: No.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Aye.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Aye.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Aye.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: No.
MENDENHALL: Mayor Dickey?
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MAYOR DICKEY: No.
MENDENHALL: It passes, four to three.
MAYOR DICKEY: Our next item is adoption of a Fountain Hills Environmental Plan.
WESLEY: Mayor and council, good evening.
I'll cover this item this evening.
The 2022 Strategic Plan includes a strategic priority to continue to improve public
health, well-being, and safety for our town. A signature strategy under that priority is to
promote the natural and built environment of Fountain Hills to improve public health,
well-being, and safety of the community, and then finally a supporting task is to create
and publicize an environmental plan for Fountain Hills. So that's what we're here to talk
about this evening and hopefully get your approval of.
The Strategic Plan Advisory Committee and staff met to discuss what that task
meant and what they were looking for with regard to environmental plan and discuss
various options for how we might meet that goal. In doing so, we reviewed the contents
of the General Plan that the council and public approved a couple of years ago and
recognized that the materials already included in that plan covered most of the items that
the SPAC was looking for in terms of environmental plan. The challenge there was the
pieces were not pulled together into one easily read document for that main purpose. The
one item that was missing we'll talk about in a moment with regard to biophilic
community.
So with that direction from SPAC, staff has pulled together those pieces and
added a little bit to it and the SPAC at their November meeting voted to recommend or
endorse a plan to the council.
So (indiscernible) with the background and the terms of the General Plan, Section
III of the plan, thriving environment. Item 2 under that's natural environment. And then
on page 85, it has a stewardship statement, and then on page 92 and following, has
environmental goals and polices. And then back in Section V of the plan under the
implementation portion, particularly starting on page 126, it has implementation ideas
that go along with the environmental goals and policies. Again, you can see that those
portions were placed in different portions of the General Plan and so not easy for the
public to look at, in terms of what document.
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So what we determined to do was to pull those items together and put them in one
document. We included the environmental stewardship statement that was at the
beginning in the General Plan, but had to reformat it a little bit, add a little bit of language
so it fit properly into the new document. And then after we got the full document
together, we thought it would be beneficial also to provide a summary page, so a person
could just look at the one summary page and get the highlights of what was in the
following pages if they really just wanted to get a snapshot. So those were the couple of
additions.
So we won't read all these pages, but I just wanted to go ahead and put them up, if
anybody has any comments or questions about them as we go through. But the
introduction, again, comes from -- it's the environmental stewardship page of the General
Plan with again, a few modifications to make it fit the format and cover the purpose of
this document.
And then the next page is the summary of the environmental plan, which again
just pulls the pieces from the following pages of the key elements and fits them in one
page. So again, a person that really just wants that real quick overview has that language.
And then from here, we really are just pulling in what's in the General Plan and
the start of the environmental section includes this guiding principle statement.
And then in these following pages, we have each of the goals and policies that are
currently in the voter approved General Plan, as well as the action items again pulled
together in one spot, so you can see the two together instead of having to look through the
other parts of the plan.
And so we did that with each of the goals. As you go through, again, if anybody
has any questions or comments about these, let me know.
There were, again, a couple little places in here where we adjusted some wording
in just a minor way. It referred to at one point the former Strategic Plan, so we changed it
to the current Strategic Plan. There's a few little things like that to improve the language.
But other than that, it's directly out of the approved General Plan until we get
down to the last item, number 8. This was the item that was added. There's been
discussion about becoming a biophilic community and so we have -- the plan does
include adding this additional goal with its two policies and one action item to move
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forward with -- in terms of becoming part of the biophilic network.
So you'll be able to look at the total document pulled together. I feel like it does
meet the Strategic Plan task of putting these together in an easily read document to be
published, both online and then we have some hard copies available upstairs also for
anyone who's interested.
And then the Strategic Plan Advisory Commission has endorsed this plan and
staff also recommends adoption.
Any questions or comments?
MAYOR DICKEY: Do we have any speaker comments on this, or questions for John
first, or speakers?
MENDENHALL: We don't have any speakers, Mayor, but we do have written
comments that are in your packet and three are in support of the Environmental Plan and
a fourth -- it sounds like they're in support, but added some other thoughts to the
environment that should be considered.
MAYOR DICKEY: Thank you.
Councilwoman?
GRZYBOWSKI: Not a question for John.
I just wanted to say that that was great work by SPAC and I appreciate that they
included things that have been deemed important by our residents, according to surveys
and just conversations. Things like trails, low water use plants, dark sky protection,
requiring new development to include recreational open space, public education
programming emphasizing local and regional historic and cultural resources, support
expansion/development of regional and local transit service, encourage bicycle and
pedestrian connectivity, and encouraging salt free water treatment systems.
Goal 6 mentions low impact development and I wanted to make sure that we all
understood what that meant. This is also known as green infrastructure. It's a method of
managing stormwater as close to the source as possible by mimicking the natural water
cycle. This totally falls in line with the biophilic community project that I know you've
heard us talk about before, so I'm very pleased with what I see.
Thank you.
MAYOR DICKEY: Thank you.
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Yes?
SKILLICORN: Madam Mayor, I think we received an email from Councilwoman
Kalivianakis earlier today and --
KALIVIANAKIS: No. I didn't send that to everybody. No. I sent it to (indiscernible).
SKILLICORN: So in front of us here is an amended proposal here. And reading over
this, I think this is excellent. I think we all can agree that the work that SPAC put in this
is appreciated and I think just the couple minor amendments here are excellent. So I'd
like to make a motion to approve the amended Strategic Plan.
GRZYBOWSKI: I'd like some time to review this --
KALIVIANAKIS: Of course.
GRZYBOWSKI: -- if we could, please.
KALIVIANAKIS: Of course. And -- is it okay if I speak while you review, or would
you like me to hold off comment until you're done?
MAYOR DICKEY: Just trying to find the goal here, the first goal that you're amending.
You can, you know, if you want to start --
KALIVIANAKIS: Yeah.
MAYOR DICKEY: -- talking about that one, yeah.
KALIVIANAKIS: Yeah. Actually, everything that Sharron said, I'm actually in
agreement on. And I am going to support -- to move to adopt the Environmental Plan. I
think it's sound and if it was portrayed as the way that Sharron did, I wouldn't be filing a
motion to amend.
So what I've all handed you tonight is the motion to amend and the amendments.
If you'd like to go through them one at a time, that'd be fine, or if you want to read them
and discuss them individually? Whatever you want to do, Ms. Mayor.
MAYOR DICKEY: So the first one, you want to take out the wording that says,
alternative transportation modes to reduce hydrocarbon, carbon monoxide, ozone, and
particulate matter pollution.
You don't want that in there?
KALIVIANAKIS: That's correct. I'd like it to just say, to continue to support the
expansion and development of regional and local transit service.
GRZYBOWSKI: I kind of have a problem with that. This is an environmental plan. So
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I like it the way it is because we're talking environment and trying to be kind to the
environment is alternative transportation to reduce all that stuff.
I'm sorry. You can carry on now.
MAYOR DICKEY: Thank you.
Vice Mayor?
MCMAHON: I agree with Sharron. I think that this is needed language to the
environmentally friendly plan, and I think that it's important that it's stated there because
Fountain Hills -- not just Fountain Hills, but the whole country is moving toward
alternative transportation modes to reduce hydrocarbon, carbon monoxide, et cetera. So I
think it behooves us to not have it in there. So I do not agree with the change.
KALIVIANAKIS: Well, again, it accomplishes all the goals that you wanted to
accomplish, but it just leaves out the hydrocarbon, carbon monoxide, ozone, and
particulate matter pollution that I think are somewhat politically charged.
MAYOR DICKEY: So if it ends at the transit service, you don't advocate for alternative
transportation modes that would reduce hydrocarbon, carbon monoxide, ozone, and
particular matter?
This is not a mandate of any kind, it's supporting expansion and development of
new business, electrical -- I mean, this is happening everywhere and you don't want us to
be a part of that.
KALIVIANAKIS: I guess if you'd like to keep alternative transportation modes in there,
I'd have no problem with that.
MAYOR DICKEY: Thank you.
KALIVIANAKIS: I can amend that.
MAYOR DICKEY: Thank you.
KALIVIANAKIS: Yeah. The next one is, continue to require the utilization of native,
drought tolerant landscapes that eliminate the use of gas-powered landscape equipment.
I'd like to remove, that eliminate the use of gas-powered landscape equipment.
Again, I think this is politically charged. If we've got landscapers out there using gas-
powered devices, I realize that they may be phased out because we're going to create
technologies that may phase out fossil fuels. But until we do, you know, I don't like that
language. It's too politically charged.
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MAYOR DICKEY: Sure. Sorry.
FRIEDEL: You know, I don't have a problem with that, and I'm just wondering if we got
any input from stakeholders. There's an awful lot of landscapers and other people that in
their own homes use gas powered, so I would hate to see this restriction stay in there.
So yes, are we working toward eliminating those? We could be. So I would like
to know, did we get any stakeholder input in this?
WESLEY: Mayor and councilmember, again, this is language that comes directly from
the voter approved General Plan. We got input from the public at the time.
Did anybody comment on this specific one? I don't recall that they did. It's a goal
and the primary part of it is to require the utilization of native vegetation which is
currently in our ordinances as far as low water use. It's not an ordinance or regulation.
It's just a stated policy in a plan document.
FRIEDEL: Is there a way to soften that? So that we can get around the eliminate the use
of gas-powered landscape equipment? I mean, there's hundreds of people in this town
that do their own stuff with gas powered, too. Is there a way to message that differently?
MCMAHON: (Indiscernible).
FRIEDEL: Yeah.
WESLEY: Certainly could. Again, though, I think the key part of that is the first part of
the statement about continue to require utilization of native plants and drought tolerant
landscapes. I think that's the key. As far --
FRIEDEL: How about works towards eliminating?
WESLEY: That's fine.
FRIEDEL: Brenda, would you be okay with that?
KALIVIANAKIS: Sure.
GRZYBOWSKI: I kind of feel like we're missing the entire point of an Environmental
Plan. I agree with changing it to at least whatever Gerry just said, but are we missing
some -- I don't even know where to get started.
I'm a little upset that we're calling this politically charged because SPAC is the
one that put this together based off of the General Plan and other things that they've been
working on for years. And SPAC is not politically charged or politically motivated. So
I'm just a little concerned about that.
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One of the other things that I would like to look at is maybe this needs to go
before CSAC and some other commissions. So maybe if we have concerns, we take it to
CSAC. We take it to MMPC, where I know that the chair's already approved it, but
maybe the MMPC in its entirety would like to see it. But I do feel like accusing it of
being politically charged breaks with the entire concept of an Environmental Plan.
MILLER: Mayor and council, I've been part of this. The Strategic Planning Advisory
Commission had basically this item as a goal, which was to have an Environmental Plan.
What their vision was, was to basically have these nice lofty goals, which we also had
lifted right out of the General Plan which was voter approved.
The items that the council -- that I'm hearing, and I understand why some
councilmembers might be concerned, but this is kind of like a -- what I call a vision.
Think of this as a vision. It's not -- there's no enforcement aspect, there's nothing. And
so the next step would be, if there was anything that would follow this, would be some
future policy direction that has to come before council for their adoption and approval.
There's no enforcement. This is basically a vision plan and in order for us to have
an Environmental Plan, you start off with a vision, and then if there's anything that the
council wishes to implement, then they would implement through ordinance some of the
requirements that are being talked about here tonight.
So I just wanted to clarify that was what the plan was. There's no intent on the
part of the Strategic Planning Advisory Commission to do anything.
And again, a lot of this language was lifted right out of the General Plan. The
only exception is the biophilic was something that was added because that's a new thing
that wasn't really as in at the time that the General Plan was adopted, so --
KALIVIANAKIS: Ms. Mayor, if I may?
MAYOR DICKEY: Yes.
KALIVIANAKIS: I just think it's relevant and important to note that SPAC did not
approve this unanimously. It was a divided vote and so -- and I actually spoke to one of
the members of the SPAC and I think that there was --
MILLER: You're correct.
KALIVIANAKIS: -- there were some concerns there.
MILLER: It was one vote --
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KALIVIANAKIS: That's correct.
MILLER: -- that was against it.
KALIVIANAKIS: That's correct.
So anyway, if we want to keep on going to prove my point even more, encourage
bicycle and pedestrian connectivity throughout the town to reduce automotive
dependence, improve air quality, and support active lifestyles -- healthy lifestyles.
I would like to delete, to reduce automotive dependence.
As a person that has five cars and as a person that, like the old Chevy commercial,
see the U.S.A., drive a Chevrolet, I like my internal combustion engine and I like driving
my automobile. And to say that we're going to reduce automotive dependence, again, I
think it's politically charged and I think it's kind of Green New Deal-ish and I'm not
comfortable with it.
MAYOR DICKEY: So encouraging bicycle and pedestrian connectivity --
KALIVIANAKIS: It still says that.
MAYOR DICKEY: -- throughout the town to reduce automatic [sic] dependence. So --
KALIVIANAKIS: It still says that.
MAYOR DICKEY: -- no, I know. But except you're saying to take out, to reduce
automotive dependence --
KALIVIANAKIS: Yeah.
MAYOR DICKEY: -- but --
KALIVIANAKIS: Correct.
MAYOR DICKEY: -- you know, this is just dependence. So if you have opportunities
for bikes and pedestrians to do something else that improves air quality, this isn't telling
them to do it. It's giving an opportunity, a possibility, and it doesn't take away from
anybody's, you know, wanting to use their car if they want to use it.
Again, I kind of get back to what Sharron is saying, is that it's like this -- what's
the purpose of this? It's not a mandate and it's -- you know, it's in our General Plan that's
voter approved, except for the biophilic stuff. And I think we actually did embrace that
as something. We voted on that at some point to go ahead with that.
So yeah, I really don't see the need for any of these changes, but you can go on.
Gerry?
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FRIEDEL: Brenda, would you be okay with, encourage bicycle and pedestrian
connectivity throughout the town to work towards reducing automobile dependence?
SKILLICORN: Huh-uh. No way. No way.
KALIVIANAKIS: No, I don't think so.
MCMAHON: I --
SKILLICORN: I've had my light on for like five minutes.
So Madam Mayor, when I originally read this and I'm reading about banning
internal combustion leaf blowers, that's a dumb idea that would come out of California,
not our town. When I read something about, you know, reducing automobile use, ladies
and gentlemen, rock and roll songs are about on the open road in cars, not riding busses
and bicycles. It's part of the American way. And frankly, as it was originally drafted, I'm
a no. I'm not just a no, I'm a hell no. It's a bad idea. We're not California. And I don't
want to slowly slide into California, either. We are America. This is Arizona. I like it as
amended and I would argue for that, and that's why I made the motion to do it as
amended. And I don't want to go back to California language, period.
MCMAHON: I --
MAYOR DICKEY: (Indiscernible).
MCMAHON: I think your comments are really interesting because this is Arizona and I
don't see any California, rock and roll, whatever, automotive comments in here. This is a
vision plan. And to bring something in that isn't even in it, it's confusing the matter.
Right now, we're talking about item number 5, to encourage bicycle and
pedestrian connectivity throughout the town to reduce automotive dependence and
improve air quality and support an active lifestyles.
Active lifestyles is the operative word. And it also is in conjunction with number
1. So to delete, reduce automotive, it does nothing to it. I mean, it's taking the whole
thing out of context. The whole sentence is to encourage bicycle and pedestrian
connectivity for healthy lifestyles, period. There's no need to delete anything from that
sentence.
KALIVIANAKIS: To me, it's just virtue signaling. That's all it is.
MAYOR DICKEY: It's interesting because you're kind of characterizing this as political,
but I don't think anything could be more political than what you just said about California
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and such.
MCMAHON: Um-hum.
MAYOR DICKEY: Just look at this as what it is. It's not something out there. This is
an Environmental Plan and it's encouraging activity that would help the air quality. So
you don't have to do it, but that's what this is. This is what this plan is. So it's interesting
to me that you start talking about California and Arizona and such.
SKILLICORN: Madam Mayor, words have meanings. And these words have meanings,
and they have connotations, and they have a certain agenda to them and that is not an
agenda that I believe the voters of this town will accept. And that's why I will represent
them and vote no to anything other than the amended motion.
MAYOR DICKEY: (Indiscernible).
SKILLICORN: So I would vote no to the original agenda item, but I would vote yes to
the amended motion.
MAYOR DICKEY: Okay.
KALIVIANAKIS: Even if you wanted to skip ahead like to 7, I guess I'm -- I think it's
just making the same point. It says they want to encourage the use of architectural design
using active and passive solar heating, okay? Now, I know that's very popular right now,
but you know, solar power is all through subsidies. That's why people are doing it.
Everyone's getting paid to drive these cars.
All I want to add is encourage -- three words -- when economically comparable --
the use of. So if it's going to cost a lot more money to do solar heating, let's do
conventional heating.
GRZYBOWSKI: For the record, I am not paid to drive my car. I'm not really sure where
that came from.
KALIVIANAKIS: Well, there's subsidies on like Teslas.
FRIEDEL: You get a tax break. You did.
GRZYBOWSKI: For my registration, yes. But that law has now been passed or
surpassed because we surpassed the number of cars sold. So that's beside the point.
To say something is politically motivated just turned it into political motivation.
This was a fabulous Environmental Plan that met along with our General Plan and in our
Strategic Plan and everything else that the SPAC folks have worked on for the past
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however many years -- what, four? Three? Now we've turned it politically motivated
because we say it's politically motivated.
I'm completely at a loss. I'm so surprised that there is anybody this against it,
when all it's doing is trying to do exactly what our surveys have said, keep our pristine
views and our lovely landscaping. And we just turned this political.
I'm sorry, SPAC, if there's any of you out there watching.
KALIVIANAKIS: The changes are so minor, I'm surprised we're having this much
division.
MCMAHON: Well, I mean, I think that -- one thing, sometimes we read more into
something and I think that's what's happening here. No offense to anybody. I think that
as it's written, it's fine. I mean, it's a vision plan. It's in concert with other things that
have been discussed, et cetera, like Sharron says. And I really don't think there needs to
be any changes.
And encourage when economically comparable? I don't understand what
economically comparable has to do -- I mean, it's just to encourage the use of
architectural design using active and passive solar heating, et cetera. I mean, it's
encouraging use of environmental friendly things, so I really don't think amendment
there.
And to skip ahead also to biophilic design, I think one of the reasons why it said
incorporate is because -- don't we have -- what's it, a dedication or something to be a
biophilic town?
MAYOR DICKEY: Yeah.
MCMAHON: Aren't we moving forward with applying to become a nationally
recognized and known biophilic town? So where --
GRZYBOWSKI: We'd like to. We're working towards that.
MCMAHON: Right. So I think that's why the word incorporate is in there and needs to
be in there.
MAYOR DICKEY: Councilwoman?
TOTH: Personally -- excuse me, I'm so sorry. Personally, moving away from the
argument that kind of got off the rails, I believe that the proposed changes are fairly small
in impact. What remains of the plan, I think, is reasonable. It still describes our goals in
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full and I would support the amended plan, if that's something that this council can agree
upon.
I don't know if Allen's motion still counts as on the table, but if it is, then I second
it; and if not, I restate it.
GRZYBOWSKI: Is it possible to ask that we send this back to SPAC, so that they can
review it and maybe consult with Community Services Director, Rachael, and see if it
should go also to any of our other commissioners for review?
MAYOR DICKEY: That would be good with me.
MCMAHON: It would be good with me.
MAYOR DICKEY: That way they could all -- there's seven members? They could take
a look at it. They're appointed by this council just like P&Z, anybody else that gets --
KALIVIANAKIS: I would be against that. Again, just to say what the Vice Mayor just
said, on goal 8, we only changed one word. Instead of incorporate biophilic designs, we
just said encourage biophilic designs. It's almost the same meaning. And so why we're
having an argument, we're --
GRZYBOWSKI: Then why are we changing it, if it's almost the same meaning?
KALIVIANAKIS: Because incorporate means -- it's a shall, where encourage is a try.
MAYOR DICKEY: Why don't we vote on the amendment? Or wait, you didn't amend
it. You just -- did you amend it?
SKILLICORN: Me. For clarification, I made a motion to approve this amended
ordinance.
MAYOR DICKEY: Okay. All right. And you have a second for that.
So let's take a roll call on the amended Environmental Plan.
MCMAHON: So we're not going to send it back there?
MAYOR DICKEY: Well --
MCMAHON: To SPAC itself?
MAYOR DICKEY: -- would you like to amend his motion?
MCMAHON: Yes.
MAYOR DICKEY: Okay.
MCMAHON: I would like to amend his motion to say that before voting on this, we're
going to send it back out of respect, and we'll send it back to SPAC and other committees
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that may need to look at it to see if they approve of the language since it's -- and be in
compliance with the General Plan.
MAYOR DICKEY: Yes.
KALIVIANAKIS: Can I have a point of order?
MAYOR DICKEY: Yes.
KALIVIANAKIS: Can she amend an amendment?
UNIDENTIFIED SPEAKER: Yeah.
MAYOR DICKEY: His wasn't an amendment. He made a motion with your language.
ARNSON: Okay. So I think --
KALIVIANAKIS: But a motion to move to adopt the Environmental Plan as amended.
ARNSON: Right.
KALIVIANAKIS: That was the motion -- as amended. So the main motion would be to
adopt the Environmental Plan. The amended is to adopt the Environmental Plan as
amended. So there is an amendment to -- with the motion --
MAYOR DICKEY: There wasn't -- it wasn't amended with a second to the amendment.
KALIVIANAKIS: -- because at staff recommendation -- staff recommends council
adopt the Fountain Hills Economic Plan.
MAYOR DICKEY: I don't believe that's so because we would want to debate the
amendment and I don't think we had that opportunity because he didn't put it in terms of
an amendment.
KALIVIANAKIS: Well, that's why I made a point of order. Can we have a ruling?
ARNSON: Yeah. Yeah. The way that I view this is that -- well, I don't think either
side's going to be happy with me -- with what I say. I don't think it was -- yeah, I'm an
attorney. I don't make anybody happy, right? That's the goal.
I think that the way that it was characterized was that it was just moving to adopt
this version of the plan, combined with what's on our computer screens right there. We
got a second. I don't know that we can -- motions to amend are typically not to
substantively change the entirety of the motion. So I don't know that that's a valid
amendment to make.
So that's why I don't think it's -- I don't think that it's a valid amendment to make
and I don't think it was an amended motion to begin with. So I think we should just vote
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on the thing.
MAYOR DICKEY: Well, we have a motion then in front of us that can still be amended.
ARNSON: It can still be amended, as long as it relates to the subject of the main motion,
right? And this was to send it back to SPAC completely, as opposed to changing
something about the substance of the document itself. That's what we would need to do.
MAYOR DICKEY: So can it be amended to -- well, okay. In that case, it's not going to
work out. All right.
ARNSON: No.
MAYOR DICKEY: Because we could amend it to approve it as we received it, but that's
obviously not going to pass.
KALIVIANAKIS: Correct. Yeah, the amendment would have to be on what's on the
table, and that's (indiscernible) referred back to SPAC --
MAYOR DICKEY: Right.
KALIVIANAKIS: -- that (indiscernible).
MAYOR DICKEY: So let's get a roll call on the amended Environmental Plan.
GRZYBOWSKI: So just to be clear, sorry, it's this with these changes?
Thank you. These changes.
MENDENHALL: Councilmember Grzybowski?
GRZYBOWSKI: No.
MENDENHALL: Councilmember Friedel?
FRIEDEL: Yes.
MENDENHALL: Councilmember Kalivianakis?
KALIVIANAKIS: Yes.
MENDENHALL: Councilmember Skillicorn?
SKILLICORN: Yes.
MENDENHALL: Councilmember Toth?
TOTH: Yes.
MENDENHALL: Vice Mayor McMahon?
MCMAHON: No.
MENDENHALL: Mayor Dickey?
MAYOR DICKEY: No.
TOWN OF FOUNTAIN HILLS Page 80 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES
Page 80 of 84
Thank you.
KALIVIANAKIS: And can I just make one comment? Just a reminder to Aaron that we
were going to include, and alternative transportation, in the amendment. Okay, that was
number 1.
MCMAHON: I thought we agreed not to.
KALIVIANAKIS: I thought you wanted that in there. And alternative transportation.
SKILLICORN: That wasn't part of my motion.
KALIVIANAKIS: That's -- no, but we said we were going to do it.
SKILLICORN: Yeah, but that was not part of -- I never made that motion.
MCMAHON: I thought we agreed to not have that in there.
MAYOR DICKEY: She -- Brenda agreed to put something back in that we wanted, but I
don't think that that's what he --
KALIVIANAKIS: It was the alternative transportation.
MAYOR DICKEY: Right.
KALIVIANAKIS: That's what you wanted and I agreed to that.
MAYOR DICKEY: Yeah.
UNIDENTIFIED SPEAKER: This.
MAYOR DICKEY: But I don't think that is --
ARNSON: Councilmember Skillicorn held up a piece of paper and said, I'm going to
make a motion --
KALIVIANAKIS: Okay.
ARNSON: -- to approve this.
KALIVIANAKIS: Okay.
ARNSON: So I took that for what it was.
MAYOR DICKEY: Okay.
ARNSON: Okay.
SKILLICORN: And you are correct.
ARNSON: Okay.
KALIVIANAKIS: Okay.
MAYOR DICKEY: All right. Next is our legislative items.
Grady, do you want to start?
TOWN OF FOUNTAIN HILLS Page 81 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES
Page 81 of 84
MILLER: I'm not as prepared on this, but I do have a few updates to provide the council.
So right after the last council meeting where the council gave direction on some
critical bills, House Bill 2061, that was the municipal tax exemption on food, $1.9 million
annual impact to the Town of Fountain Hills, I went ahead and registered opposition to
that.
Also House Bill 2067, that has a negative impact of 1.2 million. I registered
opposition to that online at the Arizona Legislative System.
Also registered opposition to House Bill 2756, law enforcement defunding. That
was the bill, if you recall, that if cities and towns did not maintain a certain response time
for emergencies that they would potentially lose their state share of revenue, so I
registered in opposition to that.
Also Senate Bill 1117, municipal platting. This is the one that was really very
impactful and negatively would impact our town, as well as other cities, relating to
housing just being built anywhere. And registered opposition to that.
Senate Bill 1121, this was the Prop 400 alternative bill. The town basically has
$23,000,000 worth of projects in the extension of Prop 400. This bill would've excluded
transit from the bill. Due to concerns about the other bill that may not have been passed,
this one was in opposition.
Also Senate Bill 1162, home based businesses. This would've removed all
restrictions in zoning, so I registered opposition on that online.
Also the vehicle license tax. This would require cities and towns to only use it on
transportation related expenditures, such as streets, repaving and such. This was just not
really good in the long-term interests of cities and towns and there was an opposition that
I registered to that as well.
So I'm not up to discuss any of the status of the bills because the only one I'm
really familiar with, I think, is Senate Bill 1117. I do believe that that one passed.
And I'll pass it back on to the Mayor. I think she has some other comments.
MAYOR DICKEY: Yeah, that bill did pass on the floor.
The VLT bill failed in the committee, so that one's good. That one's helpful for
us.
Again, the law enforcement one, I don't -- that one passed. But we'll see where
TOWN OF FOUNTAIN HILLS Page 82 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES
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that one goes.
And the one about fireworks would allow aerial fireworks and the definition of
consumer fireworks and permit retailers licensed by the State Fire Marshall to sell
consumer fireworks every day of the year in every county of Arizona.
I believe, councilman, you were in favor of that one. I don't think that we
discussed that one before to know whether we're opposed or obviously opposed. The
League's opposed.
I wanted to mention that Mr. Lunsford, The Lunsford Group, to be clear, still
works for us. When you fired him, he still had sixty days. That's the way the contract
read. And during the testimony for 1122, which was the Prop 400 bill that would
essentially defund Rural Metro, Valley Metro, excuse me -- RPTA, and we would lose all
those dollars that hopefully we'll get if the right Prop 400 does go to the voters and decide
to pass it, 20 or 30 million dollars' worth of projects for Fountain Hills. Sharron
Grzybowski, Vice Mayor, Grady, and I signed in opposed to 1121, as did MAG.
And the Lunsford Group on our behalf, still says Town of Fountain Hills, opposed
to that bill. So his testimony was correctly representative of the Town of Fountain Hills.
And I know that you didn't say that at the meeting, Councilman, but he still is until I
think the middle of March, March 18th or so. So it was not a rogue no, it was --
And MAG chair, Mayor Kenn Weise from Avondale, had asked us all to weigh in
on that and then afterwards, when it did fail, he asked us to write to the committee
members who had voted no, which I did. And again, I'm not a lobbyist, so when my
name comes up it does say Mayor, but Jack's still legitimately does and Grady's still
legitimately does. And I thought that was pretty important to make sure.
And then there's a strike everything bill, hopefully to keep Prop 400 alive, so that
we can ask the voters if they will approve of that.
And again, the Senate Bill 1117 is really going to be very impactful for us. We
might as well not have Planning & Zoning. We might as well not have a Planning
Department if this goes through, so you really got to keep an eye on that one. Now, it'll
be moving over to the House, so we'll have to watch that.
The corporate income tax bill was on the floor today, so I don't know if it passed,
and that's the one that's going to cost us upwards of $500,000 a year.
TOWN OF FOUNTAIN HILLS Page 83 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES
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So there's other stuff that they're working on that they're hoping maybe we'll be
able to get some amendments on, but that 1117 is virtually amendable and I think you
would agree. You agreed with that aspect of that, so.
But I don't think there's anything new because they're not in the committees yet,
so we can't put anything in.
If you have any questions about anything --
KALIVIANAKIS: Can I just address, Mayor and council?
HB 2044 calls for the -- modifies the regulations for how a city or town adopts a
new General Plan. I would be against that. I think any state regulations that want to
modify how a locality does its business is not good.
HB 2061 -- oh, we already talked about that. The food tax. So let's not double
up.
HB 2756 on law enforcement mandates that a city or town must not reduce the
annual operating budget of law enforcement agency below the previous year's budget. I
know we have a contract with Maricopa, but I think again I'd be against this because I
think it's stripping away towns' rights and I think that's going in a bad direction.
HB 2808, public records, changes a custodian of public records and then
(indiscernible) the subject of public records requests, compliance time for public records
requests from promptly to five business days. And I think that promptly is good enough.
We have a lot of business going on and to put a time limit on that I think is a really bad
idea.
I'll let that one go.
This one might be a little controversial, but SB 1011 allows for candidate
elections for a city or a town to be held after January 1st, 2024, to indicate a candidate's
political party registration on the ballot. I think I would be for that. I think it's good for
transparency and I think that the days of the nonpartisan elections are kind of over.
SB 1025 prohibits the area of municipal design, commercial tourism, commercial
resort and hotel sign free tourism zones from exceeding ten percent of the total area of the
municipality and requires a tourism zone (indiscernible) score of .20 or more. And so,
again, I would be for that.
And then the other one here is again for the -- I'd be against the reduction of our
TOWN OF FOUNTAIN HILLS Page 84 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES
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taxes.
And that's my update. Thank you.
MAYOR DICKEY: Thank you.
One of them, the one about the General Plan, I think that is actually something
that a smaller city, Sedona, somebody wanted that one. So we'll see what that one is.
And then the League, as far as the partisan elections, since it's permissive, it
doesn't mandate anything, so they're not taking a position on that.
And then the others, you know, that are messing around, yeah, for sure.
KALIVIANAKIS: Yeah.
MAYOR DICKEY: Okay.
KALIVIANAKIS: Yeah.
MAYOR DICKEY: Thank you.
Anything else on that? Okay.
So our last item is a council discussion/direction to Town Manager. Any items
tonight?
Going, going, gone. Okay.
We're adjourned. Thank you.
Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting
of the Fountain Hills Town Council held on February 21, 2023, at 9:13 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 21st day of February 2023. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 4th Day of April 2023.
_____________________________
Linda G. Mendenhall, Town Clerk
ITEM 8. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Kukkola Sonia, Financial Services Technician
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING, CONSIDERATION
AND POSSIBLE ACTION: Approval of a Liquor License Application for JPC3 LLC DBA Hogwash Saloon,
located at 16737 E Parkview Avenue, Fountain Hills, Arizona, for a Series 6 (Bar) License.
Staff Summary (Background)
The purpose of this item is to obtain the Town Council's recommendation regarding a liquor license
application submitted by Jeffrey Craig Miller, agent of JPC3 LLC DBA Hogwash Saloon, for submission
to the Arizona Department of Liquor. Staff reviewed the liquor license application and found that it is
in full compliance with Town Ordinances.
Related Ordinance, Policy or Guiding Principle
A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102 and R19-1-311.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the liquor license application.
SUGGESTED MOTION
MOVE to approve a series #6 liquor license application for JPC3 LLC DBA Hogwash Saloon.
Attachments
Application
Department Recommendation
Form Review
Inbox Reviewed By Date
Finance Director David Pock 03/16/2023 03:28 PM
Town Attorney Aaron D. Arnson 03/21/2023 04:51 PM
Town Manager Rachael Goodwin 03/23/2023 06:18 AM
Form Started By: Kukkola Sonia Started On: 03/14/2023 03:11 PM
Final Approval Date: 03/23/2023
TOWN OF FOUNTAIN HILLS
ADMINISTRATION DEPARTMENT
INTER OFFICE MEMO
TO: (As applicable)
• Streets Division
• Fire Department
• Building Division
• Community Services
• Development Services
• Law Enforcement
• Licensing
DATE: 3/9/23
FR: Sonia Kukkola,
Financial Services Technician
RE: Liquor License Application
Attached is a Liquor License Application for staff review.
Review the application, then mark or sign, indicating staff’s recommendation for approval (with or
without stipulations) or denial.
If staff’s recommendation is to deny and/or there are stipulations for approval, please attach a memo
that specifies the reasoning, and the memo will be forwarded on to the Town Council for their
consideration of this application.
Name of Organization: Hogwash Saloon, Fountain Hills AZ 85268
Applicant: Jeffrey Craig Miller
Date(s) of Event: N/A
Date Applications Received: 2/17/23 Town Council Agenda Date: 04/04/2023
STAFF REVIEW AND RECOMMENDATION:
Department/Division Staff Member Approved Denied N/A
P & Z John Wesley X
Community Services Linda Ayres X
Peter Johnson Building Safety X
Fire Department Mike Winters X
Law Enforcement Larry Kratzer X
Licensing Sonia Kukkola X
Street Department Jeff Pierce X
Attach report for denial or any recommendation requiring stipulations.
ITEM 8. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: David Janover, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Resolution 2023-09, abandoning the 10' Public Utility and Drainage Easements along the
north and west sides of 11804 N Spotted Horse Way (Application A23-000004).
Staff Summary (Background)
This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easements
along the northern and western property lines of Plat 604-B AMENDED, Block 6, Lot 7 (11804 N
Spotted Horse Way). Eric Finitzer, the owner of the property, is planning to install a retaining wall in
the rear yard, which will encroach into the existing easement. Staff have reviewed the site to
determine the potential on-site drainage issues in addition to the Town's general interest in the
easement. There is no need for the Town to retain the drainage easements proposed to be
abandoned, with the understanding that the owner of the lot is required to pass the developed flows
generated by the upstream lots across their property. All public utilities have approved the
abandonment of the easements.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2023-09.
SUGGESTED MOTION
MOVE to adopt Resolution 2023-09.
Attachments
Vicinity Map
Aerial Photo Map
Res 2023-09
Exhibit A: Survey
Form Review
Inbox Reviewed By Date
Development Services Director Linda Mendenhall 03/28/2023 12:17 PM
Public Works Director Justin Weldy 03/28/2023 04:24 PM
Town Attorney Aaron D. Arnson 03/29/2023 10:35 AM
Interim Town Manager Rachael Goodwin 03/29/2023 02:08 PM
Form Started By: David Janover Started On: 03/20/2023 03:23 PM
Final Approval Date: 03/29/2023
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PARCEL "A"
RESOLUTION 2023-09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,
ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE-
INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE
NORTHERN AND WESTERN PROPERTY LINES OF PLAT 604-B AMENDED, BLOCK 6, LOT 7
(11804 N SPOTTED HORSE WAY) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN
BOOK 196 OF MAPS, PAGE 27
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any
proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That the certain public utility and drainage easements, located at the NORTHERN
AND WESTERN property lines of Plat 604-B AMENDED, Block 6, Lot 7 (11804 N Spotted Horse
Way) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book
196 of Maps, Page 27, and as more particularly described in Exhibit A, attached hereto and incorporated
herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision
are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows
generated by the upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no way
attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting
there from or existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills April 4,
2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney
EXHIBIT "A"
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
LOT 7
A23-000004
ITEM 8. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Grady E. Miller, Town Manager
Staff Contact Information: David Pock, Finance Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Resolution 2023-10 to approve the Second Amendment to the Cooperation Agreement
between the Town of Fountain Hills and Maricopa County for participation in the Community
Development Block Grant (CDBG) Program.
Staff Summary (background)
In 2017 the Town of Fountain Hills joined the Urban County Community Development Block Grant
Program (CDBG). The program is intended for cities with less than 50,000 in population in Maricopa
County that are not eligible to receive CDBG funding directly from the U.S. Department of Housing
and Urban Development (HUD). Maricopa County annually receives $2.5 million or more from HUD
for this program.
In order to officially participate in the Urban County CDBG program, the Town of Fountain Hills is
required to execute a Cooperation Agreement with Maricopa County every three years. Since the term
of the first amendment will end on June 30, 2023, it is necessary for the Town Council to approve
Amendment No. 2 to the Cooperation Agreement with Maricopa County.
One of the key benefits of participating in the program is that Maricopa County staff will handle all
the paperwork, filing, and reporting requirements that are typically required of cities over 50,000 that
directly receive CDBG grant funds from HUD. Currently, much of the allocation from the CDBG
funding is going towards the homelessness issue in the region. As part of the partnership with
Maricopa County, County staff will be responsible for developing and implementing a municipal
anti-poverty strategy and housing programs that will not obligate the Town.
There may also be additional CDBG funding from time to time that may be available to the Fountain
Hills through this program to help with other human service needs in our community. The most recent
example was during the pandemic when qualifying residents of Fountain Hills applied for and received
rental and utility assistance through the County's allocation of COVID-19 related funding.
Related Ordinance, Policy or Guiding Principle
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 Council adoption of the resolution.
SUGGESTED MOTION
MOVE to adopt Resolution 2023-10.
Attachments
Res 2023-10 w/ Amendment 2
Amendment 1
Agreement
Form Review
Inbox Reviewed By Date
Finance Director (Originator)David Pock 03/21/2023 03:45 PM
Town Attorney Aaron D. Arnson 03/21/2023 04:53 PM
Town Manager Rachael Goodwin 03/23/2023 06:18 AM
Form Started By: David Pock Started On: 03/21/2023 03:21 PM
Final Approval Date: 03/23/2023
RESOLUTION NO. 2023-10
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE SECOND
AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT
WITH MARICOPA COUNTY, ARIZONA, RELATING TO
CONTINUED PARTICIPATION IN THE COMMUNITY
DEVELOMENT BLOCK GRANT PROGRAM.
RECITALS:
WHEREAS, the Town entered into a Intergovernmental Agreement (the “Agreement”) with
Maricopa County, a political subdivision of the State of Arizona (the “County”), for participation
in the Community Development Block Grant Program on June 30, 2017 (and Amended via
Amendment No. 1 thereafter); and
WHEREAS, the Town and the County desire to continue its participation with Maricopa County
for the next period of performance for the federal Fiscal Years 2023-24, 2024-25, and 2025-26.
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town, through its Mayor and Council, hereby approves the Amendment to
the Agreement (the “Second Amendment”) in substantially the form attached hereto as Exhibit
A.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to cause the execution of the Second Amendment and to take all steps
necessary to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 4th day of April, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Linda Mendenhall, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney
RESOLUTION NO. 2023-10 PAGE 2
EXHIBIT A
TO
RESOLUTION NO. 2023-10
[SECOND AMENDMENT TO INTERGOVERNMENTAL
AGREEMENT FOR CONTINUED PARTICIPATION IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM WITH MARICOPA COUNTY]
See following pages.
CONTRACT NO. Amendment 2
1
AMENDMENT NO. 2 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT AND THE TOWN OF FOUNTAIN HILLS I. Maricopa County (“County”) by and through the Maricopa County Human Services
Department and the Town of Fountain Hills (“Town”) entered into a non-financial three (3)
year Intergovernmental Agreement (“Agreement”) on or about August 23, 2017 (and
Amended via Amendment 1 thereafter). The effective period of the Agreement was
federal fiscal years 2018 through 2023. The purpose of the Agreement was to establish
the Town’s participation in U. S. Department of Housing and Urban Development’s
(HUD) Community Development Block Grant (CDBG) Entitlement, HOME Investment
Partnerships Program (HOME), Emergency Solutions Grants (ESG), and other HUD-
related programs. The County and the Town are collectively referred to as the “Parties.”
II. The Parties wish to amend the Agreement as follows:
Renew the Agreement under the automatic renewal clause in Paragraph 3 for an additional three years, federal fiscal years 2023, 2024, and 2025.
III. This Amendment may be executed in multiple counterparts, each of which shall be
deemed to be an original but all of which shall constitute one and the same agreement.
This Amendment may be executed by facsimile or electronic (.pdf) signature and a
facsimile or electronic (.pdf) signature shall constitute an original for all purposes.
IV. The Agreement is amended to incorporate the changes contained in this Amendment No. 2. All other terms and conditions of the Agreement remain the same and in full force and effect.
V. This Amendment No. 2 shall be effective on the date of final approval and signature by
the Parties.
VI. The terms of the Agreement as amended are fully authorized under state and local law
and provide the County with the authority to undertake, or assist in undertaking, essential
community renewal and lower-income housing assistance activities.
CONTRACT NO. Amendment 2
2
IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE TOWN OF FOUNTAIN HILLS
APPROVED BY:
MARICOPA COUNTY
Mayor Ginny Dickey
Chairman, Board of Supervisors
Attested to:
Town Clerk Date
Attested to:
Clerk, Board of Supervisors Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 and 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO THE TOWN OF
FOUNTAIN HILLS UNDER THE LAWS OF THE STATE OF ARIZONA. APPROVED AS TO FORM:
Attorney for the Town Date
IN ACCORDANCE WITH A.R.S. §§ 11-201, 11-251, AND 11-952, THIS AMENDMENT NO. 1 HAS BEEN REVIEWED BY THE
UNDERSIGNED ATTORNEY WHO HAS DETERMINED THIS AMENDMENT NO. 1 IS PROPER IN FORM AND WITHIN THE POWERS AND AUTHORITY GRANTED TO
MARICOPA COUNTY UNDER THE LAWS OF THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Deputy County Attorney Date
CONTRACT NO. C-22-17-065-3-01 Amendment 1
1
AMENDMENT NO. 1 TO THE
COOPERATION AGREEMENT
BETWEEN MARICOPA COUNTY
ADMINISTERED BY ITS
HUMAN SERVICES DEPARTMENT
AND THE TOWN OF FOUNTAIN HILLS
I. Maricopa County (“County”) by and through the Maricopa County Human Services
Department and the Town of Fountain Hills (“Town”) entered into a non-financial three (3)
year Cooperation Agreement (“Agreement”) on or about August 23, 2017. The effective
period of the Agreement was federal fiscal years 2018, 2019, and 2020. The purpose of
the Agreement was to establish the Town’s participation in U. S. Department of Housing
and Urban Development’s (HUD) Community Development Block Grant (CDBG)
Entitlement, HOME Investment Partnerships Program (HOME), Emergency Solutions
Grants (ESG), and other HUD-related programs. The County and the Town are collectively
referred to as the “Parties.”
II. The Parties wish to amend the Agreement as follows:
A. Renew the Agreement under the automatic renewal clause in Paragraph 3 for an
additional three years, federal fiscal years 2021, 2022, and 2023.
B. In accordance with HUD Community Planning and Development Notice CPD-20-
03 issued March 9, 2020:
1. Delete paragraph 5 in its entirety and substitute it with the following:
The County and the Municipality will take all actions necessary to
assure compliance with the County’s certification under Section 104
(b) of Title I of the Housing and Community Development Act of 1974,
as amended, that the grant will be conducted and administered in
conformity with Title VI of the Civil Rights Act of 1964 and the Fair
Housing Act and will affirmatively further fair housing. The Parties
also will comply with Section 109 of Title I of the Housing and
Community Development Act of 1974, as amended, which
incorporates Section 504 of the Rehabilitation Act of 1973 of Title II of
the Americans with Disabilities Act, the Age Discrimination Act of
1975, and Section 3 of the Housing and Urban Development Act of
1968, as amended, as well as, the Americans with Disabilities Act of
1990 and all other applicable laws.
III. This Amendment may be executed in multiple counterparts, each of which shall be
deemed to be an original but all of which shall constitute one and the same agreement.
This Amendment may be executed by facsimile or electronic (.pdf) signature and a
facsimile or electronic (.pdf) signature shall constitute an original for all purposes.
CONTRACT NO. C-22-17-065-3-01 Amendment 1
2
IV. The Agreement is amended to incorporate the changes contained in this Amendment No.
1. All other terms and conditions of the Agreement remain the same and in full force and
effect.
V. This Amendment No. 1 shall be effective on the date of final approval and signature by
the Parties.
VI. The terms of the Agreement as amended are fully authorized under state and local law
and provide the County with the authority to undertake, or assist in undertaking, essential
community renewal and lower-income housing assistance activities.
IN WITNESS, the Parties have approved and signed this Agreement:
APPROVED BY:
THE TOWN OF FOUNTAIN HILLS
APPROVED BY:
MARICOPA COUNTY
___________________________________
Mayor Ginny Dickey
____________________________________
Chairman, Board of Supervisors
Attested to:
Town Clerk Date
Attested to:
Clerk, Board of Supervisors Date
IN ACCORDANCE WITH A.R.S. §§ 9-240 and
11-952, THIS AMENDMENT NO. 1 HAS BEEN
REVIEWED BY THE UNDERSIGNED
ATTORNEY WHO HAS DETERMINED THIS
AMENDMENT NO. 1 IS PROPER IN FORM
AND WITHIN THE POWERS AND
AUTHORITY GRANTED TO THE TOWN OF
FOUNTAIN HILLS UNDER THE LAWS OF
THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Attorney for the Town Date
IN ACCORDANCE WITH A.R.S. §§ 11-201,
11-251, AND 11-952, THIS AMENDMENT NO.
1 HAS BEEN REVIEWED BY THE
UNDERSIGNED ATTORNEY WHO HAS
DETERMINED THIS AMENDMENT NO. 1 IS
PROPER IN FORM AND WITHIN THE
POWERS AND AUTHORITY GRANTED TO
MARICOPA COUNTY UNDER THE LAWS OF
THE STATE OF ARIZONA.
APPROVED AS TO FORM:
Deputy County Attorney Date
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF MARICOPA
AND
PARTICIPATING MUNICIPALITY
FOR A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
THIS AGREEMENT is made and entered into this gj day of QMY^2017
by and between the County of Maricopa,a political subdivision of the State of Arizona,
hereinafter called "County",and the Town of Fountain Hills,located in the County of
Maricopa,hereinafter called "Municipality".
WITNESSETH
Whereas two laws have been enacted,Public Law 93-383,the Housing and
Community Development Act of 1974,Title I as amended,and Public Law 101-625,
HOME Investment Partnership Act at Title II of the Cranston-Gonzales National
Affordable Housing Act of 1990,as amended;hereafter called "the Acts";and
Whereas the County,as an "Urban County "as that term is used in the Acts,is
eligible to receive funds under the Acts,has final responsibility for selecting Community
Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME)
and Emergency Solutions Grant (ESG)activities,and is authorized to undertake or to
assist in the undertaking of essential community development and housing assistance
activities which shall be funded from annual CDBG,HOME and ESG grants from
federal Fiscal Years 2018,2019,2020 appropriations and from any program income
generated from the expenditure of such funds,and
Whereas the CDBG,HOME and ESG regulations issued pursuant to the Acts
provide that qualified urban Counties must submit a Consolidated Plan and Annual
Action Plans hereafter called "Plan"or "Plans",and Consolidated Annual Performance
and Evaluation Reports (CAPERs)to the U. S.Department of Housing and Urban
Development (HUD) for use of funds and that cities and towns within the metropolitan
area not qualifying as metropolitan cities may join the County in said Plans and
CAPERs and thereby become a part of a more comprehensive Urban County effort.
NOW THEREFORE,the County and Municipality agree as follows:
1.This Agreement shall cover the CDBG Entitlement program,the HOME
Investment Partnership (HOME)and Emergency Solutions Grants (ESG)
Programs.
\\HSD-S-STORAGE\cornmonS\Contracts-Agenda:;\DeptItemolCommunity DeuelopmenliCDBGCoop Agreements\C-22-17-065-3-OQ Fountain Hills\FountainHills CoopAgreementincorp2001 4 and 201 7
ITEM 9. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approving the Third Amendment to Cooperative Services Agreement 2022-062 with Mesa
Energy Systems for HVAC Maintenance and Repair.
Staff Summary (Background)
The State of Arizona solicited bids for Heating, Ventilation and Air conditioning related Services
(HVAC) (RFP No. BPMO 02434). Based on this competitive process, the State of Arizona awarded the
contract to Mesa Energy Systems. Mesa Energy Systems, agreed to extend the State of Arizona
contract pricing to the Town of Fountain Hills. By utilizing cooperative purchasing agreement
contracts, the Town of Fountain Hills has been able to take advantage of competitive pricing from
procurement processes of other municipalities.
The Town currently contracts the periodic maintenance and repairs for the HVAC system at the Town
Center Complex. The Town and Mesa Energy Systems, entered into a Professional Services Agreement
dated March 31, 2022. The First Amendment was approved on May 20, 2022, and the Second
Amendment was approved on August 1, 2022, for Heating, Ventilation and Air conditioning
Maintenance, Repair, and Emergency Services.
Amendment No.3 with Mesa Energy Systems, in the amount not to exceed $100,000, will provide
professional Heating, Ventilation and Air conditioning related Services (HVAC) for the remainder of
fiscal year 2023 and 2024. The amount is consistent with the historical data for maintenance and
repairs in prior years and contains additional funding to cover emergencies, should one arise.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
Having a contract in place will help prevent delays for needed maintenance and repairs to the HVAC
when required.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of Cooperative Purchasing Agreement 2022-062 as presented
SUGGESTED MOTION
MOVE to approve Amendment #3 to Cooperative Services Agreement 2022-062 with Mesa Energy
Systems for HVAC Maintenance and Repair in the amount of $100,000.
Fiscal Impact
Fiscal Impact:$100,000
Budget Reference:N/A
Funding Source:Facilities
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Cooperative Purchasing Agreement
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 03/22/2023 02:16 PM
Finance Director David Pock 03/22/2023 02:56 PM
Town Attorney Aaron D. Arnson 03/22/2023 03:22 PM
Town Manager Rachael Goodwin 03/23/2023 06:19 AM
Form Started By: Justin Weldy Started On: 02/07/2023 04:20 PM
Final Approval Date: 03/23/2023
1
Contract No. 2022-062.3
THIRD AMENDMENT
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MESA ENERGY SYSTEMS
D/B/A
EMCOR SERVICES OF ARIZONA
THIS Third AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“Third Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Mesa Energy Systems d/b/a EMCOR Services
of Arizona., a(n) Arizona corporation (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement dated
March 31, 2022, that First Amendment, dated May 20, 2022, and that Second Amendment, dated
August 1, 2022 (the “Agreement) for the Consultant to provide HVAC Maintenance, Repair, and
Emergency Services (the “Services”). All capitalized terms not otherwise defined in this Second
Amendment have the same meanings as contained in the Agreement.
B. The Town has determined that it is necessary to increase funds on the Agreement
with the Consultant for Services for unforeseen maintenance needs and repairs.
C. The Town and the Consultant desire to enter this Third Amendment to amend the
Agreement to provide compensation for Additional Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Consultant hereby agree as follows:
1. Compensation. The Town shall pay Consultant an aggregate amount not to exceed
$100,000 (including all renewals) for the Services, an increase of $50,000 from the original
$50,000.
2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
2
3. Non-Default. By executing this Third Amendment, the Consultant affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this Third Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this
Third Amendment are forever waived.
4. Israel. Consultant certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
5. Conflict of Interest. This Third Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
ITEM 9. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE
ACTION: Approving Professional Services Agreement 2023-065 with Power Tech Contracting LLC, for
traffic signal maintenance, emergency signal maintenance, streetlight repair and utility locating
services.
Staff Summary (Background)
Traffic signal operation is one of the Public Works Department's most visible services provided to the
traveling public. Maintenance of traffic signals includes preventative and responsive activities to
preserve traffic signal infrastructure and control devices necessary for the safe and efficient utilization
of arterial, collector and local roadways. The scope of the preventative maintenance activities that are
performed each month will help reduce malfunctions of traffic signals and street lighting
infrastructure, reduce complaints, and extend the useful life of the Town of Fountain Hills' owned and
operated equipment.
The Town of Fountain Hills is responsible for the maintenance and operation of 13 traffic signals, 6
electronic speed radar feedback signs, 3 pedestrian cross-walk flashing lights and 58 streetlights. This
electrical infrastructure system must be maintained in a safe and efficient manner to ensure the
proper operation of the Town of Fountain Hills transportation system. The Town of Fountain Hills
does not have the in-house staffing or equipment necessary to maintain these electrical infrastructure
systems.
The Town of Fountain Hills issued a request for proposals (RFP) on November 2, 2022, for traffic signal
maintenance, emergency signal maintenance services, streetlight repair and utility locating services.
On December 1, 2022, the Town of Fountain Hills received one (1) proposal from a qualified firm to
provide the requested services. Power Tech Contracting has agreed to provide the services listed in
the request for proposal (RFP) in an aggregate amount not to exceed $357,250 at the rates set forth
in the Fee Proposal. The annual amount shall not exceed $71,450.
Related Ordinance, Policy or Guiding Principle
Public Works Mission Statement
Risk Analysis
Failure to approve the contract for traffic signal maintenance and repair could delay repairs and could
create compliance issues with the Arizona Department of Transportation and the Federal Highway
Administration guidelines.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of professional services agreement 2023-065 as presented.
SUGGESTED MOTION
MOVE to approve Professional Services Agreement No. 2023-065.
Fiscal Impact
Fiscal Impact:$100,000, $357,250
Budget Reference:N/A
Funding Source:Streets Fund
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Professional Services Agreement
RFP
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 03/22/2023 02:16 PM
Finance Director David Pock 03/22/2023 02:58 PM
Town Attorney Aaron D. Arnson 03/22/2023 03:24 PM
Town Manager Rachael Goodwin 03/23/2023 06:18 AM
Form Started By: Justin Weldy Started On: 02/07/2023 04:22 PM
Final Approval Date: 03/23/2023
Contract No. 2023-065
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND POWER TECH CONTRACTING, LLC
THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Power Tech Contracting, Inc., a(n) Arizona limited liability company the
“Vendor”). RECITALS
A. The Town issued a Request for Qualifications, RFP No. 2022-030 (“the RFP”), a
copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing Traffic Signal Maintenance the (“Services”).
B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference.
C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date of execution and shall remain in full force and effect until March 1, 2024 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it
is deemed in the best interests of the Town, subject to availability and appropriation of funds for
renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may
be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement
shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term
are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the
Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit
B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this
Agreement. 3. Compensation. The Town shall pay the Vendor an aggregate amount not to exceed $357,250 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and
incorporated herein by reference. The annual amount shall not exceed $71,450. All remaining
terms and conditions of the Agreement shall remain in full force and effect. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission
and approval of invoices. All invoices shall document and itemize all work completed to date.
Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto,
prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town.
6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to
hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify
the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications.
7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and
local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation
to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to
the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality.
10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and
expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, breach of
contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section.
11. Insurance.
a. General.
i. Insurer Qualifications. Without limiting any obligations or
liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to
maintain insurance as specified herein may result in termination of this Agreement at the
Town’s option. ii. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect
Vendor. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.
iii. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the
Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. iv. Coverage Term. All insurance required herein shall
be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement.
v. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. vi. Claims Made. In the event any insurance policies
required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance
citing applicable coverage is in force and contains the provisions as required herein for the three-year period. vii. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a
waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto.
viii. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for
any such deductible or self-insured retention amount.
ix. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance
requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible
for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements.
x. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance
in the form of certificates of insurance and a copy of the declaration page(s) of the insurance
policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as
the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations
of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed
for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration
page(s) shall specifically include the following provisions:
1. The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows:
a. Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent.
b. Auto Liability – Under ISO Form CA 20 48 or
equivalent.
c. Excess Liability – Follow Form to underlying insurance.
2. Vendor’s insurance shall be primary insurance with respect
to performance of this Agreement. 3. All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its
agents, representatives, officers, officials and employees for any claims arising out
of work or services performed by Vendor under this Agreement. 4. ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance
form 25 (2001/08) is used, the
phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its
agents or representatives” shall be deleted. Certificate forms other than ACORD
form shall have similar restrictive language deleted. b. Required Insurance Coverage.
i. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability
arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is
utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. ii. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each
occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims
arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this
subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. iii. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or
work in any way related to performing the work under this Agreement, the Vendor shall
maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 annual aggregate.
iv. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction over Vendor’s
employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and
$1,000,000 disease policy limit. c. Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town.
12. Termination; Cancellation.
a. For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services
performed to the termination date. b. For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of
such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the
defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date.
c. Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date.
d. Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its
departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. e. Gratuities. The Town may, by written notice to the Vendor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of
securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this
provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. f. Agreement Subject to Appropriation. This Agreement is subject to the
provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The
obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall
be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous.
a. Independent Contractor. It is clearly understood that each party will act in
its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to
workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing
its profession elsewhere. Town and Vendor do not intend to nor will they combine business
operations under this Agreement.
b. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in
Maricopa County, Arizona. c. Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations,
ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards.
d. Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Vendor.
e. Provisions Required by Law. Each and every provision of law and any
clause required by law to be in this Agreement will be read and enforced as though it were included
herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction.
f. Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application.
g. Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this
Agreement. The parties acknowledge and agree that each has had the opportunity to seek and
utilize legal counsel in the drafting of, review of, and entry into this Agreement.
h. Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the
Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision
shall be a breach of this Agreement by Vendor. i. Subcontracts. No subcontract shall be entered into by the Vendor with any
other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor.
j. Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement.
k. Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’
fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment.
l. Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. m. Offset.
i. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement.
ii. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties.
n. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to
a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Vendor: Power Tech Contracting, LLC
380 E. Ray Rd. Gilbert, Az. 85296 Attn: Matt Allen
or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice.
o. Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons
requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. p. Records and Audit Rights. To ensure that the Vendor and its subcontractors
are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or
reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer
sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this
subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. q. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such
warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town.
r. Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in
ARIZ. REV. STAT. § 35-393, of Israel.
s. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein.
t. Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary.
u. Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and
under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive
obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others.
[SIGNATURES ON FOLLOWING PAGES]
ITEM 9. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 04/04/2023 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Rachael Goodwin, Community Services Director/Interim 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 10
Legislative Bulletin - Issue 11
Form Review
Inbox Reviewed By Date
Finance Director Linda Mendenhall 03/28/2023 12:19 PM
Town Manager Linda Mendenhall 03/28/2023 02:50 PM
Interim Town Manager Rachael Goodwin 03/28/2023 02:54 PM
Form Started By: Linda Mendenhall Started On: 03/28/2023 12:02 PM
Final Approval Date: 03/28/2023
Legislative Bulletin – Issue 10 – March 17, 2023
Legislative Bulletin:
Today marks the 71st day of the 2023 legislative session, during which 1,626
bills, memorials and resolutions have been introduced. So far, 18 bills have
been transmitted to the governor, out of which two have been signed into law,
while 16 have been vetoed.
Zoning Preemption
SB1117 (housing; infrastructure; regulation; administration), sponsored by
Senator Steve Kaiser (R-Phoenix), failed on Senate Third Read on Monday (9-
20-1). However, the sponsor made a motion to reconsider the bill on Third Read
on Tuesday afternoon.
Food Tax
HB2061 (food; municipal tax; exemption.), sponsored by House Majority Leader
Leo Biasiucci (R-Lake Havasu City), was retained on the House Committee of
the Whole (COW) calendar on Tuesday afternoon.
Home-Based Businesses
SB1162 (home-based businesses; restrictions; prohibition), sponsored by
Senator Steve Kaiser (R-Phoenix), would permit home-based businesses as a
use by right, shifting control from neighbors to homeowners and prohibiting
cities from requiring business licenses. Potential businesses could include auto
garages, wood shops or dentist offices. Prop 207 concerns arise from by-right
designations in state statutes, and the bill is considered intrusive to traditional
neighborhoods, leaving only HOAs and deed-restricted properties to limit
commercial activity in residential areas.
Truck Routes
SB1097 (truck routes; designation), sponsored by Senator Frank Carroll (R-Sun
City West), would require the Arizona Department of Transportation (ADOT) or
local authorities to demonstrate a legal-sized vehicle’s inability to operate safely
on major arterial streets. It also allows for a request to review route restrictions
and further requires local jurisdictions to conform to state-level determinations.
An amendment was adopted in the Senate that would prevent newly annexed
highways without preexisting truck limits from adopting restrictions unless
prescribed methods are used. Truck restrictions on major arterial streets
providing inter-jurisdiction access are nullified unless specific conditions are
met, such as template use, trucking association support or proximity to
alternative routes. The bill was approved by the House Transportation &
Infrastructure Committee on Thursday (10-1-0).
HB2019 (licensing; permitting; criteria; clarity), sponsored by Representative
Travis Grantham (R-Queen Creek), was held by the Senate Government
Committee on Wednesday morning.
Annexation Notices
SB1268 (annexation; notice; approval), sponsored by Senator Janae Shamp (R-
Peoria), would mandate public hearing notices be sent to the Board of
Supervisors’ chairperson via certified mail, with the city or town board covering
costs. It also raises the required percentage of petition-signing owners from 50%
to 60%, who must hold value and possess property affected by annexation. The
bill passed the House Government Committee (9-0-0) on Wednesday morning.
SB1270 (open meetings; capacity), sponsored by Senator John Kavanagh (R-
Fountain Hills), mandates cities and towns to provide sufficient seating at public
meetings, include public access time on agendas, and exempts technology-
based meetings from agenda posting rules. Entities are not required to move
meetings outside their largest regular room, and the bill was approved by the
Senate Government Committee (9-0-0) on Wednesday morning.
SB1541 (housing trust fund; unclaimed property.), sponsored by Senator Lela
Alston (D-Phoenix), would require DOR to annually deposit 55% of unclaimed
property sale monies into the Housing Trust Fund (HTF). It also allocates 40%
of unclaimed property sale monies deposited into the HTF to be used
exclusively for the development of eligible and viable housing in rural areas. The
bill received a Do Pass recommendation in Senate COW on Tuesday
afternoon.
SB1650 (auditor general; duties; access), sponsored by Senate Majority Leader
Sonny Borrelli (R-Lake Havasu City), was approved by the House Government
Committee on Wednesday morning (8-0-1). The League is neutral on the
measure.
HB2094 (mobile food vendor; operation; rules), sponsored by Representative
Kevin Payne (R-Peoria), was held by the Senate Government Committee on
Wednesday morning and will be heard in committee this Wednesday.
2023 Session Deadlines
Every session has deadlines pertaining to bill submissions and hearings. This
year, the schedule is as follows:
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
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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
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Legislative Bill Monitoring
Legislative Bulletin – Issue 11 – March 27, 2023
Legislative Bulletin:
Today is the 78th day of the 2023 legislative session. A total of 1,630 bills,
memorials, and resolutions have been introduced. Eighteen bills have been sent
to the governor, out of which 16 were vetoed and two were signed into law. Bills
are being heard in committee for an additional week.
League Resolutions
SB1006 (municipal notices and ordinances; posting), sponsored by Senator
John Kavanagh (R-Fountain Hills), would exempt municipal exhibits from
publishing requirements if the phrase “exhibits on file at” along with the location
is mentioned at the bottom of the adopting ordinance. The measure also permits
cities or towns in counties with a population of 4 million or more to publish
notices on their respective websites. Finally, it states that these notices contain
a link to all current notices and ordinances. The bill passed the House
Government committee on Wednesday (5-4-0).
Food Tax
SB1063 (food; municipal tax; exemption...), sponsored by Senate Majority
Leader Sonny Borrelli (R-Lake Havasu City), was approved by the House on
Third Read on Wednesday (31-29-0). The bill will be transmitted to the governor
for consideration.
The League opposes the measure as Arizonans using SNAP and WIC benefits,
who are exempt from the tax, will not benefit from the bill. Moreover, as many as
3.2 million residents will not see any benefits, and the tax elimination may lead
to local tax hikes or service reductions, hurting the consumers it aims to help.
With a potential recession, both legislative and executive branches urge caution
on revenue cuts to maintain key services.
Zoning Preemption
A strike-everything amendment was approved by the Senate Commerce
Committee on Wednesday to HB2536 (S/E: housing; infrastructure) (5-2-0). The
bill mandates “by-right” rezonings for cities with populations above 25,000,
requiring administrative approval for all applications to rezone land for
residential uses. Licensing timeframes are amended, requiring approval of land
development or building construction applications within specified timeframes,
while design review regulations are restricted for cities with populations over
25,000. Finally, the bill introduces specific zoning provisions, including
allowance of single-room occupancies and accessory dwelling units. The
measure does not provide a requirement for housing affordability. The
legislation limits municipal authority in regulating housing within residential
zoning districts. It also continues to preempt off-street parking and design
requirements in such cities while maintaining the prohibition against affordability
requirements.
Housing Legislation
SB1585 (homelessness; rights; eviction; housing; appropriation), sponsored by
Senator Catherine Miranda (D-Phoenix), would establish an Affordable Housing
Pilot Program within the Department of Administration and enable the
Department of Housing to award grants to cities and towns. It allocates $145
million from the General Fund and $10 million to the Department of Economic
Security for rental assistance and eviction prevention for individuals aged 65
and older. The Senate approved the bill without the emergency measure on
Tuesday (18-11-1).
SB1541 (housing trust fund; unclaimed property.), sponsored by Senator Lela
Alston (D-Phoenix), would require Arizona Department of Revenue (ADOR) to
deposit 55% of unclaimed property sale proceeds into the Housing Trust Fund
(HTF), with 40% dedicated to rural housing development. Additionally, it
changes the order of the $2 million annual deposit into the Seriously Mentally Ill
Housing Trust Fund, occurring after the HTF deposit. The measure was
approved by the Senate on Third Read on Monday (16-12-2).
HB2242 (unclaimed property; notice; distribution), sponsored by Representative
David Livingston (R-Peoria), would remove specific distributions from the Estate
and Unclaimed Property Fund and mandates that ADOR publish a notice
regarding abandoned property at least four times a year. The measure was
approved by the Senate Finance Committee on Monday (4-3-0).
SB1098 (truck routes; signage), sponsored by Senator Frank Carroll (R-Sun
City West), would mandate uniform signage designed by the Arizona
Department of Transportation for truck and commercial vehicle restrictions,
detailing requirements for such signs. Restrictions are unenforceable if signage
does not comply with the act’s requirements after its effective date. The
measure was approved by the House Transportation and Infrastructure
Committee on Wednesday (6-5-0).
Corporate Income Tax Rate Cut
HB2003 (corporate income tax; rates), sponsored by Representative David
Livingston (R-Peoria), would reduce the corporate income tax (CIT) rate from
4.9% to 2.5% from and after Dec. 31, 2025. The measure was approved by the
Senate Appropriations Committee on Tuesday (7-0-3).
The League opposes the measure as the state recently lowered the individual
income tax (IIT), and the full effects of this change are still unknown. It is
advised to wait for more data before making significant changes. The February
2023 Monthly Fiscal Highlights report showed a 26.6% decrease in net
collections compared to January 2022, likely due to the new lower withholding
rates. The IIT cut was accelerated and implemented earlier than required,
making it the lowest flat tax rate in the country. The CIT was identified as a
“recession risk” by the Joint Legislative Budget Committee. Unlike the IIT
reduction process, there were no stakeholder meetings, economic analysis, or
adjustments to the Urban Revenue Sharing formula for the proposed CIT
changes. The Arizona Commerce Authority website promotes the current CIT
rate as it is the 6th lowest in the country.
Home-Based Businesses
SB1162 (home-based businesses; restrictions; prohibition), sponsored by
Senator Steve Kaiser (R-Phoenix), would authorize home-based businesses as
a use by right if such business does not supersede any deed restrictions,
covenant or agreements restricting the use of land. This could cause disputes
between homeowners operating home-based businesses and neighbors
opposed to nearby commercial activities. Seen as intrusive to traditional
neighborhoods, the bill leaves only HOAs and deed-restricted properties with
the power to limit commercial activities in residential areas. The measure was
discussed in both House Majority and Minority Caucuses on Tuesday.
Food Trucks
HB2094 (mobile food vendor; operation; rules), sponsored by Representative
Kevin Payne (R-Glendale), was approved by the Senate Government
Committee with an amendment. The amendment requires mobile food vendors
operating on private residential property to be the primary residence of the
property owner, a tenant with a lease term of one year or more, or a trustee of
the living trust owning the property. The owner must provide written permission
and be present during operation. It also prohibits mobile food vendors from
serving food between 10:00 pm and 6:00 am, mandates waste removal, caps
annual charges at $150 and allows a Department of Public Safety-issued card
for identification and fingerprinting purposes.
SB1148 (law enforcement; video recordings; fee), sponsored by Senator John
Kavanagh (R-Fountain Hills), allows counties, cities, towns, or political
subdivisions to set a fee for obtaining a copy of a video recording from a local
law enforcement agency. The bill was approved by the House Military Affairs
and Public Safety Committee on Monday (8-7-0).
SB1325 (TPT; administration; remote sellers), sponsored by Senator Ken
Bennett (R-Prescott), would enable remote sellers to choose a single municipal
tax rate. It also extends reciprocity for remote seller tax administration between
states, provided there is a central clearinghouse and mutual agreement between
state tax agencies. The bill was approved by the Senate on Third Read on
Tuesday (21-8-1). However, the sponsor mentioned the bill will be amended into
a study committee while explaining his vote on Wednesday once it reaches the
House.
HB2547 (zoning ordinances; property rights; costs), sponsored by House
Speaker Ben Toma (R-Glendale), mandates that a municipality’s legislative
body must consider a housing impact statement before adopting any zoning
ordinance or zoning ordinance text amendment of general applicability. This
statement assesses the impact of the ordinance or amendment on housing. The
bill was approved by the Senate Government Committee on Wednesday (5-3-
0).
2023 Session Deadlines
Every session has deadlines pertaining to bill submissions and hearings. This
year, the schedule is as follows:
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
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