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HomeMy WebLinkAboutAGENDApacket__05-02-23_0113_475       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Peggy McMahon Councilmember Sharron Grzybowski Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, MAY 2, 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 May 2, 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 - Vicky Derksen, President, Fountain Hills Dark Sky Association     3.ROLL CALL – Mayor Dickey     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     6.PRESENTATIONS     A.PRESENTATION: Recognition of Golden Rules Heroes Recipient Charlotte Kasabuski by the Interfaith Movement     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 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.     Town Council Regular Meeting of May 2, 2023 3   A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of March 7, 2023; the Special Work Session - Capital Improvement Projects on March 14, 2023, and the Regular Meeting of March 21, 2023.     B.CONSIDERATION AND POSSIBLE ACTION: Approving extension of Professional Services Agreement 2022-071 with Shums Coda for 3rd party plan review and inspection services for Phases II and III of Park Place.     C.CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202 Grant Funding from Fort McDowell Yavapai Nation     9.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: To approve the recommendations for the appointment of members to the Town's Boards, Commissions, and Committees.      B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-13, abandoning the 10' Public Utility and Drainage Easements along the south and west sides of 9048 N Leo Drive (Application A23-000005)     C.CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2023-19 regarding a moratorium on 5G services.     D.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2023-14 of the Mayor and Council of the Town of Fountain Hills, Arizona, setting forth the Tentative Budget and establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year beginning July 1, 2023, and ending June 30, 2024.     E.CONSIDERATION AND POSSIBLE ACTION: Approving a Cooperative Purchasing Agreement C2023-079 with K.M. Facility Services, LLC, for HVAC System Cleaning Services     F.CONSIDERATION AND POSSIBLE ACTION: 1) Approving Additional funding for Capital Improvement Projects D6062 - Grande & Rosita Drainage Channel & D6063 - Deuce Court Drainage Improvements. 2) Approving the Third Amendment to Professional Services Agreement 2021-039 with NFRA, Inc. for Engineering Design Services.     G.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 May 2, 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 May 2, 2023 5   ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 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 March 7, 2023; the Special Work Session - Capital Improvement Projects on March 14, 2023, and the Regular Meeting of March 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  March 7, 2023, the Special Work Session - Capital Improvement Projects of March 14, 2023, and the Regular Meeting of March 21, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of March 7, 2023, the Special Work Session of March 14, 2023, and the Regular Meeting of March 21, 2023, as presented. Attachments Verbatim Transcript  Verbatim Transcript  Verbatim Transcript  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 04/18/2023 12:28 PM Finance Director David Pock 04/18/2023 01:41 PM Finance Director David Pock 04/18/2023 01:41 PM Town Attorney Aaron D. Arnson 04/21/2023 08:42 AM Interim Town Manager Rachael Goodwin 04/24/2023 11:46 AM Form Started By: Linda Mendenhall Started On: 04/13/2023 08:53 AM Final Approval Date: 04/24/2023  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL March 7, 2023 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately forty-nine members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 1 of 47 Post-Production File Town of Fountain Hills Regular Town Council Meeting March 7, 2023 Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 2 of 47 MAYOR DICKEY: Good evening, everyone. Please rise, if you'd like, for the Pledge and remaining standing for the invocation. [Pledge] MAYOR DICKEY: Thank you. We have Keith Pavia from Christ Church. Hi. PAVIA: Thank you so much, Mayor and Council. Let's pray. Dear God, we just come here today to pray for this council and the agenda that's going to be spoken. We ask you to lift everyone up to let it be done with integrity and just the heart of this town at the forefront, that we work together in unity, and we just show love. We ask this in Jesus' name. Amen. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Thank you, Mayor. Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor McMahon? MCMAHON: Here. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. MAYOR DICKEY: Thank you. We'll start as always with our activities. Do we have anything for anything from the last two weeks, Grady? MILLER: Mayor, I have no report tonight. Thank you. MAYOR DICKEY: Thank you. TOTH: We had the Fountain Festival. I am very excited to say that we had a .7 percent increase in attendees for that event over from fall, and that's usually the smaller event. So thank you to everyone who came out for that. It's a busy season for Fountain Hills, so I TOWN OF FOUNTAIN HILLS Page 3 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 3 of 47 hope to see you at all the upcoming community events as well. GRZYBOWSKI: Yes. My husband and I got a tour of Culdesac Tempe, which is a very unusual neighborhood. That is not the kind of thing that would work for us in Fountain Hills, but it's always nice to get out and see what the other cities and towns are doing to help accommodate housing. There were two legislative calls in the past, what has it been, two weeks. Looks like there's still some bills out there that are of major concern for both our town's revenue and the ability to make zoning decisions ourselves. Also, this weekend is the Irish Festival, 11:00 to 5:00 on Saturday right here in our Fountain Park. Thank you. FRIEDEL: Thanks, Mayor. Just a couple of things. I did too attend the fair. Very busy weekend for sure for the town, and it showed how much the town looked great, and people really welcome that. I also attended a ribbon cutting for the men's store in town, Manny's, recently. So guys, get in there and support our only men's store in town. Thank you, Mayor. MCMAHON: Good evening. I wanted to say that I attend the Fountain Hills Youth Substance Abuse Coalition meeting, and it was very impressive, and they are all working hard to make a difference for our youth here in Fountain Hills, and it's succeeding. And I am looking forward to speaking at their annual essay contest luncheon this week, where some lucky student is going to win $1,000. So it's also chaired by Mike Scharnow, a prior councilmember, and he is doing an excellent job. KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. I had the pleasure of attending another Fountain Hills Cares meeting last week. It's really exciting times for Fountain Hills Cares. On Thursday, April 20th from 6:30 to 8:00 at the Community Center we're going to have an event, a social media and mental health issues event for teens and their parents. Lack of sleep, fear of missing out, anxiety, depression, low self-esteem, these are a few of the symptoms of many users of social media platforms that they're experiencing. According to peer research, 81 percent of the teens in the U.S. use social media, putting a large population at risk of feeling anxious, depressed over social media. So Fountain Hills Cares is going to have this speaking engagement. It's going to be welcoming. There's going to be guest speakers, professionals, and people helping the TOWN OF FOUNTAIN HILLS Page 4 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 4 of 47 youth with problems of social media, cyber bullying, bullying, et cetera, and drug usage. The Fountain Hills Coalition is sponsoring this and is giving a $500 cash award to anybody that shows up. So show up and stay for the money because you have to be there to win. Okay. And so that's really exciting. Good for the kids. And speaking of good for the kids, I met with Grady, some of the town staff, Capt. Kratzer, Lt. Halverson, Libby from the school board, and we're trying to make our schools safer. We have the program with the squad five that we're putting a couple deputies and a lieutenant to do security checks in our schools. I think that's extremely important in this day and age, especially with what we're just talking about with the depression and kids. There's been a lot of school shootings, there's been bullying. We need an increased presence. We've got two campuses and only one school resource officer, which is inadequate, and so we needed to fine tune that program. With the professionalism and care of the Maricopa County Sheriff's Office, who showed extreme concern for what's going on, and they listened, and we're going to tweak that program to make it more effective. And so I thank them, and I thank you, Grady, for the outstanding work that we did. We also found grant money from the Department of Education to pay for a second school safety officer, which is wonderful. We put this whole presentation together this week. We're working on funding with staff, John (ph.), I'm not sure of his last name, that he's looking into this grant funding so we can protect our kids. Our kids are our future and we have to protect them. And so that's a little bit of what I've been doing this week. Thank you. MAYOR DICKEY: Thank you. Council? SKILLICORN: Thank you, Madam Mayor. Quite a list. Since the last meeting, I was actually at the school board. You know, town manager and Mr. Wesley were also there, and Councilman Friedel. Quite a bit going on there. Of course, we had the fair, a record-setting fair. Proves, again, that Fountain Hills is open for business. Since then also, there have been a couple of the legislative calls with the Arizona League. I had the opportunity to take part in that, and then I was able to follow up with the League afterwards, which was quite interesting. And then I've actually done two Prop 400 tax hike meeting since then also. TOWN OF FOUNTAIN HILLS Page 5 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 5 of 47 So quite a bit going on, and more and more details coming out, and there's just a lot going on. And also Councilwoman Grzybowski, I love the green fingernails. Very, very festive. MAYOR DICKEY: Thank you. I wanted to remind everyone that the MAG Region Council, we unanimously hired former Phoenix city manager, Ed Zuercher. to take over as executive director for retiring Eric Anderson. It's really good because he has so much experience and knowledge in that arena. So he'll be taking the helm in July, I think. I attended an event to meet the Central Arizona Project's new general manager, Brenda Burman. What is on everybody's mind these days, it was good for her to meet a lot mayors, and business, and government people, natural resources experts. The Rio Verde foothills stuff issues are ongoing, but want you to know that we're representing Fountain Hills' interests with the city of Scottsdale, with the county, with EPCOR, and with the AG's office. More to come, of course. You're seeing it on the news that there's, you know, it's a very complicated issue that we're all trying to work toward the best solutions. The council retreat was last week, it's online. A lot of good discussion. It was a long day, but I appreciate all of the time that, you know, the council and the staff, everybody put in to prepare for that, for all those items that will be considered, particularly with the budget over the next couple months. So this is Women's History Month. And a special way to kick it off was on March 1st I had the chance to meet honorees for the KEZ Beth McDonald Woman of the Year award, which was held at ADERO, first time in Fountain Hills. Twelve remarkable women were recognized. They pick one per month and then, in fact, ADERO supplied gifts every month. And then school principal Susie Smith was selected. She had received prizes sponsored by Shea Homes, KEZ, and ADERO Resort. And it was that really crazy windy night, but everybody came and they were very impressed with our town. So that was very cool. And according to Paul Wajanovich (ph.), who's been helping us with our sister city's efforts, this month in Italy is all about women too, and in fact, tomorrow is International Women's Day, March 8th. And if you hurry, there's free entry to the Uffizi Gallery in Florence. But you've got to get your tickets now. But anyway. So it's been a busy couple weeks, as you can tell, and it's a busy time of TOWN OF FOUNTAIN HILLS Page 6 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 6 of 47 year, and we're happy for that. Our next items are very nice. We're going to do -- we're going to start out with our Republic Services nonprofit grant awards that were awarded to two of our nonprofits. And I think, let's see, Grady, who's doing the -- MILLER: Yes. MAYOR DICKEY: -- presentation? MILLER: So I just wanted to let the Council know that we have a very unique situation with our Republic Services contract. The town made a decision years ago to contract out our municipal solid waste services, and so the current company is Republic Services. And what is unique is that we have this ability each year for a nonprofit to receive grant money through this contract with Republic Services. I'm going to go ahead and turn it over to John Perez who is the management analyst in economic development. He was very active with helping to implement this grant process. So with that I'll turn it over to Mr. Perez. PEREZ: Yeah. Good evening, Mayor and Council. So the town did administer the Public Services grant program. The grants committee was made up of town staff as well as Republic Services staff. Very notable, there were 18 submitted applications this year, which was quite an increase from the previous year of 11. Which I also think speaks to the excellent communication skills from staff getting the word out through social media and different forums. So it was decided that the two awardees are the Boys and Girls Club of Greater Scottsdale, Fountain Hills-McKee branch, and the Fountain Hills Youth Substance Abuse Prevention Coalition, and they each are receiving $5,000. So we'll go ahead and call up Cynthia Wenstrom and Lauren Stratton from the Boys and Girls Club, and then former councilmember Mike Scharnow from the Fountain Hills Youth Substance Abuse Prevention Coalition. And then if Republic Services wants to come up as well. [Pause] MAYOR DICKEY: And the real ones. [LAUGHTER] MAYOR DICKEY: All right. I didn't know about this. All right. TOWN OF FOUNTAIN HILLS Page 7 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 7 of 47 [CROSS TALK] MAYOR DICKEY: Make your presentation. Do you have words to say? All right. Here we go. ROLDAN: Good evening, everyone. And I won't do too much to reiterate what was already said through staff here, but thanks again for giving us the opportunity to have this tremendous honor to present some additional funds to those doing great in your community. And so this is for your efforts, and we appreciate all that you do in the community for Fountain Hills. And this is just something extra for you guys to continue that work. So thank you again. MAYOR DICKEY: Do you guys want to say something? [Applause] SCHARNOW: Well, I just want to thank the town of Fountain Hills, of course, and Republic Services. And where's Steven (ph.)? He's not here tonight. But anyway. So we applied. Shawn Upoff here is our program manager for the coalition, and the grant is going to go toward Falcon Promise Pledge. So we're doing a lot of activities and a special guest speaker right before prom. So we're going to have the students pledge to not drink, drive, and vape, and do drugs, and all that kind of bad stuff before prom, and really their whole high school careers while they're still minors. So that's what the money's going to go for. So thanks again. STRATTON: We weren't prepared to speak. WENSTROM: We weren't prepared to speak for sure. But we want to thank you, Republic Services and the town of Fountain Hills. We appreciate your time. It's such an honor to be part of your town and to take care of the great kids of Fountain Hills in the area. This is our branch director, Lauren Stratton, and if you don't know her already she is a dynamo and really takes great care of the McKee branch. Thank you so much again. [Applause] MAYOR DICKEY: Thank you all so much for your focus on youth. We really appreciate it so much. And we'll get a picture for the paper here. Thank you. Congratulations. Thanks for (indiscernible). [Applause] MAYOR DICKEY: So next we have -- and maybe John -- oh, Amanda's going to come TOWN OF FOUNTAIN HILLS Page 8 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 8 of 47 up and she's going to show us the unveiling of our new video that was produced by DayLite Films. Thank you. JACOBS: Yes. Your economic development team is dividing and conquering. So again, the town staff has been working for over six months on trying to get new content to display on our websites, social media, and so we collaborated with our local business partner, DayLite Films, so Andrew Day, as well as Betsy with the Chamber helped us select some of the models because I'm still new and don't know everybody around town. So without further ado, lights, camera, action. [VIDEO] [Applause] JACOBS: We hope you liked the video, and we hope our visitors, our residents who are inviting the visitors experience Fountain Hills, a town like no other. Thank you. And then when we post this, I'm not a social media guru, but like, share, follow, all those things. Thank you. MAYOR DICKEY: Thank you so much. Did anybody have any questions or anything to ask Amanda? Yes, Hannah. Come back. TOTH: I just wanted to say, Amanda, you knocked this out of the park. That video is fantastic. I'm swelling with pride for my town even more after watching the video. So great job. JACOBS: Well, thank you. It's all DayLite Films. I don't direct the director, but obviously there was things that we wanted to highlight in our beautiful town. But thank you. TOTH: Well, tell Andrew he did a great job as well. JACOBS: We will. TOTH: Thank you. MAYOR DICKEY: Thank you so much. Very nice. Next we have our call to the public. Do we have any speaker cards tonight. MENDENHALL: Yes, Mayor, we do. The first you have at your station, Mr. David Hagen. And he wanted you to have his comments, and he is going to speak to you at this time. TOWN OF FOUNTAIN HILLS Page 9 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 9 of 47 HAGEN: Well, thank you for putting me on early. I'm going to get familiar with this table mic if I can. MENDENHALL: Mr. Larsen will turn it on for you and get it all situated. HAGEN: That's a good idea. LARSEN: Check, check, check. HAGEN: Check. Very good. Thank you, Mayor, Town Manager, and Town Council for granting me the chance to address you here today. My name is David Hagen, a local resident living near the intersection of Sunflower and Palisades, a strategic location of the town's safety corridor, just up the hill from the high school. Today I'm specifically addressing your pedestrian and traffic safety committee regarding an important improvement in our safety corridor traffic control. My request to make this topic an agenda item was denied, but I urge you to consider it as such due to its serious safety issues. The Public Works department has requested your committee's approval for the installation of flashing, solar powered, yellow LED lights around the perimeter of our four 35 mile an hour caution signs at this critical intersection. I'm here on behalf of the residents there who would urge you to approve this now so that we can get them installed during this current high traffic season. Sunflower and Palisades is arguably the most dangerous intersection in our town. It is not the most accident prone -- there are many fender benders elsewhere -- but the most likely to cause serious injury, as you can see by the photos in the report that I provided to each of you. Now, you, and the audience, and TV viewers cannot see the collision photos that I've given to the Council, but I can tell you that they are of cars flipped onto their roofs with doors flung wide open. This is an uncontrolled six-corner intersection with only three- second visibility in each direction on Palisades. With the median not wide enough for one car, being trapped out there is an experience that we have called Palisades roulette. The westbound traffic visibility is blocked by the hill and compounded by the curve. We can see 200 feet in that direction, but traffic moves 70 feet per second, so you have a three second warning. Meanwhile, the eastbound traffic visibility is hampered by vegetation and a difference in the height of the street and the median. We can see 250 feet here, but traffic moves 80 feet per second, also only a 3-second warning. These speeds represent 45 and 55 miles an hour, respectively. TOWN OF FOUNTAIN HILLS Page 10 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 10 of 47 These continually flashing lights that Public Works will install are exactly as installed on many of the stop signs in town, but are yellow for caution. They will be a 24/7 reminder to drivers that if they enter the intersection over that posted 35 miles an hour speed and there is an dangerous condition, they are legally liable. MAYOR DICKEY: Are you almost done, sir? The time is up. The three minutes. HAGEN: Time is up. MAYOR DICKEY: Yeah. HAGEN: Okay. We residents in North Sunflower want you to install this. We have only one egress and it is onto that intersection. Thank you. MAYOR DICKEY: Okay. We'll definitely look at this because I know we've been talking about this intersection for a while. Grady, did you have anything to add? MILLER: I can't really comment too much more. We have been working with those residents in that area on trying to identify ways to help them, including the speed limit at one time that came before Council. We are going to be adding this to the next pedestrian traffic safety meeting agenda. MAYOR DICKEY: Okay. Thank you. Because I wouldn't be aware, and I don't think that we would've denied anything, but I know that we've been talking about it. And now that I know that we have another option to look at, we'll be doing that with Justin and David (ph.). So thank you. Any other? MENDENHALL: Next we have Kim Wolborsky. WOLBORSKY: Madam Mayor and the Council, thank you. Is this working? Okay. So I wanted to talk about the proposed park at SunRidge Canyon and Desert -- excuse me -- Desert Canyon and SunRidge Drive. I think the town has a really wonderful opportunity here to make a permanent contribution to the environment in our area, and instead of a park, I'd really like to see this area designated as an unimproved preserve in perpetuity. The money available for parks, I know we have money that we need to spend, but I think there are a lot of areas in Fountain Hills that really could use parks and would love to have them. I understand that the latest discussion was about just having a trail there, and that's an improvement over what was talked about before, but I'm TOWN OF FOUNTAIN HILLS Page 11 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 11 of 47 concerned about that. Even just a trail is going to disrupt the environment and the wildlife in that area. It's a five-acre area. We don't really have any other spots -- many other spots like that in town. You know, a lot of our wild areas are washes between people's homes. And this is a place where, you know, we can really have a nice spot, and there's trails all around it, people can see up into it from above it, below it. We don't need to be walking everywhere in the town. I'm concerned about people having their dogs on the trail. I understand there'd be stations for doggy clean up, but you know, that doesn't always happen, and people don't always keep their dogs on leashes, especially when it's in a private area. We've all see that. I know we talked to Michael at Golden Eagle Park, and he's talking to people all the time about not cleaning up after their dogs. Well, there wouldn't be an attendant there to make sure that that was happening. So I'd just like you to consider this option. I think it would be just a great piece to add to our beautiful town. Thank you. MENDENHALL: Next is Lori Troller. TROLLER: Get ready, here we go. Three minutes. Lori Troller, resident. The Town of Fountain Hills Municipal Code, Chapter 16, Streets and Sidewalks, Article 16-2-1, purpose statement for small wireless facility states, "the town seeks to balance the need for increased wireless communications." What need? Everybody in Fountain Hills can make a phone call. And among the tens of thousands of phone calls made every day in this town, I don't have dropped calls and I got five bars of service all day long. There's no documented legal evidence of the need. The law is based on claims from a for-profit industry. The ability to make a phone call is what the Federal Telecommunication Act protects. That's all the FTA protects in regards to telecommunication services. The small wireless facilities don't provide voice service. SWF facilitates the extras that you choose to add to your monthly internet bill. If you have any gap in phone service, that's fixed with modifications to the four-foot macro antennas we already have installed in town. SWF is how telecoms and other business interests are making billions of dollars placing their equipment on our property lines. It's no different than Exxon coming in and drilling a well next to your yard. It doesn't matter what the utility is, it seriously devaluates our property, which the Council doesn't have the right to do and violates the state constitution, which overrides any state statute. All this plus ruining the esthetics of the TOWN OF FOUNTAIN HILLS Page 12 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 12 of 47 town. Now, here's a sweet spot. It continues to read, "while preserving the health, and safety, and general welfare of the residents." What documented measure is the town using to comply with preserving health? Legally that would be defined by an environmental impact study completed by the EPA. They would come in and evaluate what turning these things on does to living tissues. And I dare say, no one on the Council knows what these effects are, yet you're giving John Wesley the authority to put these next to people's homes and on our school grounds. This is against your oath. Your oath to protect the health and welfare of Fountain Hills residents. Fountain Hills has a huge safety issue right now. Our existing towers are seriously out of compliance with our minimal safety code. For example, the 100 percent fall zone and compliance with those with ADA rights. Towers will hit either homes, business, roadways, parks, schools, or pedestrians when they catch fire and fall, which they do. The town has also ignored our own town code that protects residents with ADA rights, not checking if permitted locations will expose ADA residents to an environment that will have to cause them to move. It's only a matter of time before they sue. This has to stop. Put an immediate halt, whether it's a year, six-month, three-month, 45-day moratorium on the construction, equipment, updates, applications, and permitting until ordinance update is complete and all our towers are in compliance. I made it. Sorry about that, but there we go. Thank you. MAYOR DICKEY: Thank you. FRIEDEL: Mayor, can I make a comment on that? MAYOR DICKEY: Why don't you ask Aaron? FRIEDEL: Aaron, can I ask town staff where we are on this ordinance? ARNSON: Sure. Mayor and Council, we've engaged a professional to bring up some -- to evaluate the concerns both that Ms. Troller's raised and some others that he independently identified as areas for improvement in our code. So we are beginning to work with him in that process. Our expectation, as I believe that I've informed the Council previously, is that we will be bringing those back to the Council in the form of probably a work study or in some other format for the Council to consider those changes for ultimate adoption. TOWN OF FOUNTAIN HILLS Page 13 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 13 of 47 FRIEDEL: So during that process, do we have a moratorium on anything new going in? ARNSON: Mayor and Council, no, we don't have a moratorium in place. We can certainly explore what, you know, options we have, but at this point, moratorium's not going to be something. FRIEDEL: Okay. Thank you. Can we give direction to town to do that? ARNSON: I -- MAYOR DICKEY: Like a time frame. FRIEDEL: Like a time frame? ARNSON: I'm sorry. Could you repeat? I'm sorry. FRIEDEL: Can we give direction to the town staff to explore that with a time frame on it? ARNSON: Yes. Thank you. MAYOR DICKEY: Okay. ARNSON: They can. FRIEDEL: Thank you. ARNSON: Um-hum. TROLLER: Thank you. MAYOR DICKEY: Any other speaker cards? Yes. MENDENHALL: Barry Wolborsky. WOLBORSKY: I am him and I live here. I'm also the, as you all know, the treasure of the SunRidge Canyon Homeowner's Association. And I noticed that the Council discussed the SunRidge Canyon park at the retreat last week and is planning to discuss it again next week, and I would like to give some feedback to that. At the retreat, much discussion was given to a pseudo survey that was taken by some of the SunRidge residents attending a session put on by the town. Staff collected 60 plus responses, most saying no park, some saying okay for the park with restrictions. 60 self- selected responses out of almost 2,000 residents in the HOA is not a survey. It has reliability that approaches zero. At best, it's anecdotal data and is likely to be misleading. But since anecdotal data is all we have, I'd like to give you some anecdotal data. SunRidge residents walk a lot. On given day, hundreds of people walk in our neighborhood. That's how we meet our neighbors, and talk, and it is a neighborhood. TOWN OF FOUNTAIN HILLS Page 14 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 14 of 47 Two years ago neighbors walking, including myself, noticed that there was a surveyor, and they were surveying this plot of land. And so we called and found out that, gee, we're going to get a new park. That's how we found out. The residents were enraged. That summer we had a board meeting that was attended through Zoom by Mr. Miller and several of his staff, and over 50 residents attended. Normally at board meetings we get about four or five residents because we're not very exciting. The group was very solid in their not wanting a park, as Mr. Miller can tell you. Later a survey was sent to the town by staff for us to send to our members. The survey only asked what features we wanted in the park, not whether we wanted it or not. We emailed the survey out to our membership telling them that if they did not want a park, they could write that in the comments. The town staff said the survey was not valid because we told the members to vote no. We didn't do that. More anecdotal data. The office and the board have gotten dozens and dozens of phone calls and emails from residents. Only one was in favor of having the park, and he said it was not a major issue to him. So Mayor and Councilmembers, which anecdotal data do you want to go by? It's up to you. Do you want to commission a real study? It'll probably cost you 25 to $50,000 to survey 2,000 people, and do it right, and with random assignments, and stuff like that. The residents of SunRidge Canyon Association would like the town to either turn that piece of land into a preserve, or sell it to the HOA at a price that we can afford and we will make it a preserve. The funds for that park would be better used in many other places where residents would actually appreciate them. For instance, maybe you could have a walkway or a wheelchair ramp down from the swirl canyon down to the fountain like you want and use that money for that. So that's all I got. MENDENHALL: Next we have Gene Slechta. SLECHTA: Thank you. Mayor, Vice Mayor, Council. R-E-S-P-E-C-T, find out what it means to me. What a great song that was. What a great value to live by. However, Councilman Skillicorn, it appears you just don't get it. When a team of volunteer expert citizens spend 18 months and thousands of hours trying to solve the town's number one issue of the decade, the roads, you couldn't wait for their findings. TOWN OF FOUNTAIN HILLS Page 15 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 15 of 47 Show some respect. When you have a working process in place to begin official meetings, and your religious bias ushers in a waste of time that 24,000 residents never asked for, you were showing disrespect. When your town Facebook does not allow for comments from citizens, that shows your fear of open debate with your constituents. Show some respect. When you insult our mayor and other mayors on your Twitter account and post comments that put our town in a bad light, be a cheerleader not a bomb thrower. Show some respect. When you run a poll on Twitter asking who's smarter between President Biden, Senator Fetterman, and Governor Hobbs, including the senator in that poll, only serves to make fun of those having had strokes or are seeking treatment for mental health conditions. Show some respect. When you photobomb the celebration of our students, you disrespect the kids. When you spew conspiracies on Twitter regarding the 2020 election, you disrespect the courts of our great nation, the many audits that are debunking the conspiracy in our town. Show some respect. When you were the only councilmember that failed to volunteer for a single town committee, and this town is really filled with many, many volunteers, you disrespected our citizens and our councilmembers. When a classroom photo that you posted on your Twitter account had a rainbow pennant tacked to the wall, you Tweeted that the kid should be homeschooled. Who's that, the straight kids? Or do we send the LGBTQ kids packing? Show some respect. Maybe you should remove your reference to being a town council member from your Twitter account. Show some respect. When you voted to remove the sign ordinance without allowing public hearings, you disrespected the citizens of our town and its processes. And finally, when you walked away from your elected position in Illinois before your term was up, we wonder, why would you think you won't do the same here? Thank you. MENDENHALL: Next we have Stephen Gay. GAY: Thank you, Madam Mayor, awesome staff, and Councilmembers. I'd like to TOWN OF FOUNTAIN HILLS Page 16 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 16 of 47 address two items this evening. The first is a post that Councilmember Skillicorn made in his capacity. He posted this from his official Facebook page called Allen Skillicorn, Fountain Hills Council, and he was promoting the free shredding event, a pretty anodyne event, and for some reason he left the comment section open, which is unlike him. And so there was a back and forth about the posting. Nothing really too bad. And then one of his supporters named Pedro Perez (ph.) posted, Don Scott (ph.), I support Allen and voted for him. Why don't you grow up and get a pair. Act like a man instead of whining. So Don Scott responded and then Pedro said, why don't you investigate me Scotty? If you can't take the heat, get out of the kitchen. And then he says, Ginny Dickey lives very near me and isn't worth the powder to blow her to hell. Did you ever hear of a person having more than one home? In a reference to a previous comment that he lists his residence as Hawaii, but apparently he lives here and voted for Councilman Skillicorn. This is a veiled death threat to our mayor, and our mayor brought this up at the retreat. I assume Councilmember Skillicorn heard about this threat, and he has not -- KALIVIANAKIS: (Indiscernible) Allen (indiscernible) -- GAY: Sorry. KALIVIANAKIS: -- mouth -- GAY: What? MAYOR DICKEY: I'm sorry. Go ahead. GAY: Okay. This post has not been taken down by Councilmember Skillicorn. This is a post that appears on an anodyne event posting for a free shredding event. I think veiled death threats should not be tolerated. And a sitting councilmember who has authority to delete this post, should delete it. And further, he should publicly repudiate this statement from one of his supporters. The second topic I'd like to talk about, I retired recently as a senior captain from American Airlines. And I'm mentioning this because the tie in to the city is that -- or the town of Fountain Hills, is that employees of this town may know somebody who is a trans person, and a sitting U.S. senator -- oh, okay. I'll continue this next week. Thank you. No more death threats. [Applause] TOWN OF FOUNTAIN HILLS Page 17 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 17 of 47 MAYOR DICKEY: Please don't applaud. MENDENHALL: Next we have -- SKILLICORN: May I? I believe that post is deleted. GAY: It's still up, Councilmember Skillicorn. Point of order. [CROSS TALK] MAYOR DICKEY: Stop. It is still up. It's on an event. It's as an event. It's not down. MENDENHALL: Next we have Sally Buschmann. Sally, are you still here? Oh, there you are. Sally also provided this to me, and then I'll make sure you all get a copy of it. Okay? BUSCHMANN: My name is Sally Buschmann and I live on Sunflower Drive in Fountain Hills. I've lived here for nearly 20 years, and I'm here to bring up the issue of the danger at the corner of Palisades and Sunflower. I walk nearly every day and cross five lanes of traffic on this busy corner. The subject of the danger of speeding traffic has been addressed to the Council for over 20 years, and no relief has been provided. The dangers of negotiating this intersection either by vehicle or by foot have been clearly stated before, but no action to provide substantial relief has been taken. The latest attempt was the safety zone on Palisades, which has not made any changes in the speed. First of all, the signs are too innocuous to be read while speeding through this corridor. Police patrolling has not been noticed. So far nothing has changed to provide safety. During my walks at this intersection, I've experienced traffic coming to a complete stop allowing me to cross to the other side. This occurred as recently as last Saturday morning when three cars stopped for me to cross. It seems to me that it didn't hurt them to stop. These folks have a good heart. I've even written a letter to the local newspaper about the politeness of some drivers. The only way to reduce the speed is to have four-way stop signs with blinking lights installed at this intersection. Nothing else has caught the attention of speeders. This street has become known as Palisades speedway. Speed on the other two main arteries into Fountain Hills have lower speed limits and stop signs. Less dangerous intersections in Fountain Hills have stop signs. Why not ours? I have not heard any good reason for the failure to give us this essential relief we need. Why? Why not? Thank you. [Applause] TOWN OF FOUNTAIN HILLS Page 18 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 18 of 47 SKILLICORN: Madam Mayor, can we ask staff a quick question or ask Capt. Kratzer about enforcement there? That should be appropriate. MAYOR DICKEY: I don't know. I'm not sure (indiscernible). ARNSON: Sure. Mayor and Council, during call to the public we're entitled to respond to criticism, ask staff to review a matter, or ask that the matter be placed on a future council agenda. So if there's some direction that we want to have staff look further into, that would be appreciated. SKILLICORN: So Madam Mayor, if it's okay. MAYOR DICKEY: I think you can ask, but I don't think we can talk about because it's -- SKILLICORN: I get that. Capt. Kratzer, maybe that's a opportunity to have some speed enforcement in that area if sightlines allow and things like that. KRATZER: Understood. Thank you. MENDENHALL: Next we have Crystal Cavanaugh. CAVANAUGH: Good evening. Fountain Hills resident. I want to address the SunRidge Park issue. And for those that don't know, the proposed park is at the corner of Desert Canyon and Sunridge Drive. Initially it started as wanting to cross over into a hiking trail, wanting parking lots, wanting all kinds of things on this small corner in a residential neighborhood. At this point, I do think some of the residents, if they had to, would be accepting of a very natural trail with nothing else. No power, no water, nothing. Definitely no parking. However, what guarantee do we ever have that it doesn't get expanded by another council, for example. I fully support the idea of making it a preserve. I also support the idea of selling it to the HOA at a reasonable amount, who would then take over all the maintenance, and also make it a preserve. So at its most extreme, if it could be guaranteed, of which it can't, just a natural trail through there. And also, I'd like to say, some of us get accused of being very divisive, but then someone can stand up and hold somebody responsible for comments on their social media. It's the wild, wild west out there, as some of you know, and some of this room know, because I've engaged with some in this very room. So all I have to say is quit holding people completely responsible for unhinged comments. Just the person making the unhinged comment should be the one. [Applause] TOWN OF FOUNTAIN HILLS Page 19 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 19 of 47 MAYOR DICKEY: Please, that's enough. And you know, it's not a good thing to keep up, so that is somebody else's responsibility. And I think that Allen thought it was down, and maybe he can look and see on that event page, and take it down from there too. But it was up for quite a while. Do we have any other comment cards? MENDENHALL: Yes. We have Bobbie Kennamer. KENNAMER: Good evening. I just wanted to mirror the comments that have already been said about SunRidge Canyon Park. I agree with everyone that spoke previously. They're spot on and they mirror the voices of everyone, pretty much everyone in SunRidge Canyon. We don't want the park and we've made that very clear. And I think the suggestions that have been made to make it preserve or sell it back to the HOA are great suggestions. And also, I'm kind of confused a little bit because you guys were gracious enough to host a gathering where we came, and we looked at the proposed drawings, and we saw what you had, but then I understand that they've changed yet again. And so I'm just saying, since that park is going to be right in the middle of our neighborhood, let us see what you're proposing. Let us see how it's changed. I feel like we're missing some communication there. And that's it. Thanks for your time. MENDENHALL: That's it for public comment. MAYOR DICKEY: Thank you very much. Appreciate it. Our next item are the consent agendas. If there's anything that anybody would like removed, we'll put that on the regular agenda. Yes, ma'am. KALIVIANAKIS: I did request one item be removed. Was that done? MAYOR DICKEY: You can request it here. Would you like to remove that and put it on -- MILLER: Councilmember, I told you in an email procedurally you do it on this item. So when it comes before Council, then you can go ahead and request an item. Any council may request to remove an item from the consent agenda. KALIVIANAKIS: Okay. I'd like to remove consent agenda for professional services agreement 2022-034 with Elite Civil Construction, LLC for guardrail repair and maintenance. Thank you. TOWN OF FOUNTAIN HILLS Page 20 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 20 of 47 MAYOR DICKEY: You bet. Can I get a motion to approve consent agenda items A, B, and C? SKILLICORN: I will make a motion to approve A, B, and C for the consent agenda. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say -- ALL: Aye. MAYOR DICKEY: We have to -- ALL: Aye. MAYOR DICKEY: I think we have to -- now that we have the minutes done the way they are, we have to do roll call votes. MENDENHALL: We must do role call. Okay. Well, I just lost my roll call. There it is. Okay. Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. MENDENHALL: It passes unanimously. MAYOR DICKEY: That's right. We're getting all these rules down again. So that will become the first regular agenda item. So is that Grady? MILLER: Yes. I'll have Public Works director, Justin Weldy, come up and give a brief report on the guardrail contract. TOWN OF FOUNTAIN HILLS Page 21 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 21 of 47 MAYOR DICKEY: Thank you. MILLER: Thanks, Justin. WELDY: You're welcome. Thank you. Madam Mayor, Councilmembers. [CROSS TALK] WELDY: For at least the last ten plus years, town staff, along with management, have worked to secure contracts for guardrail services. We've certainly discovered during that time frame, because the amount of work that we have, which primarily consists of minor maintenance and repairs after collisions, makes it very, very difficult for us to be able to secure any firm, per se. We were delighted some years ago when we reached out to this organization, whom at that time actually had a different name. And they came out and they visited with us, they took a look at all of our guardrail and noted that maintenance was necessary, and then presented us with an agreement through the city of Tucson for their cooperative use with guardrails. Since that time frame they have primarily responded to repairs for collisions. They average anywhere between 15 to up to $30,000 per collision. It should be noted that under the direction of the town manager, the chief financial officer, we've been able to recoup the majority of the funding for those repairs from insurance companies. Let me make this clear, there are hit and run accidents in which we simply do not have the ability to track down those drivers. We've also had them do maintenance to several of our locations within the town over the last several years. What happens with barriers, as we refer to them, is they're primarily constructed of steel and wood posts, and weathering allows those posts to expand and contract, and then we'll have to go in and replace a few posts, tighten up a few bolts. It's a pretty specialized and/or unique trade. And we are delighted that we have Elite Civil to help us and provide support with that. If there are any questions related to this, I will certainly do my best to answer them. KALIVIANAKIS: Yes. Thank you, Ms. Mayor. Yeah. I did a lot of research on this topic. This is a contract for $50,000 a year for the next five years. That's $250,000. That's certainly a lot of money. And as you know, we're trying to fix our roads in this town. There was a guardrail replacement maintenance guidelines report prepared by SRF Consulting Group out of Minnesota. They had determined that routine maintenance of these are very minimal, that a lot of the contacts are covered by insurance. That primarily, TOWN OF FOUNTAIN HILLS Page 22 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 22 of 47 the major damage is done in rural areas, not in cities, so I'm a little concerned about that. Their contention was since these barriers are inherently stiff, most minor impacts result only in cosmetic damage. According to the federal rules, cosmetic damage does not need any maintenance. They can stand as is. Of course, that might not look good, but depending on how much it costs to fix, I'm a little concerned about that. I know that this was addressed at the retreat and it came up that they wanted to bring these guardrails up to more modern standards because the standards have changed since then. On the other hand, the ones that were built here have been grandfathered in. So no required change is required from the federal or state governments. Again, given the dollar amount here, $250,000, I know during the retreat when you said that the ridges needed repair, that you provided photographs of the repairs that were actually going to be needed. To make a compelling case, when Rachel (ph.) brought up the shade structures, you know, there was renderings of the shade structures. I'm curious as to why there isn't any photographs or any information as far as what currently we have pending that is going to be so much money that we're going to require this much money. And so I guess my first question is, how many linear feet right now of guardrail is needed to be repaired? WELDY: Madam Mayor, Councilmember, we have an actual full assessment and report that was done last year for our entire inventory. I will certainly share that with the Mayor and Council. It is an extended amount of guardrail that needs to be brought up to standards. This contract, and again, primarily, is to allow us contract authority to address areas that are damaged by collision. Just two weeks ago that damage was approximately $30,000 on Shea. And so that work has already been done under authorization from the town manager because it was a safety hazard. KALIVIANAKIS: Was that a hit and run, I assume? WELDY: It was not. We have all of that insurance information, and we will work to collect all of the revenue that is due. It's not just the guardrail, but there's an incredible amount of staff time as well for that. KALIVIANAKIS: Okay. I know that this went through the city of Tucson. And are we bound by the city of Tucson's contract for the services by this provider? Is their contract overlayed with our contract? Maybe you're not the right person to answer that question. TOWN OF FOUNTAIN HILLS Page 23 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 23 of 47 MAYOR DICKEY: I think Aaron could answer that. KALIVIANAKIS: Because it is in the packet and is in our agenda that the original town of Tucson's contract is, like, mirrored. FRIEDEL: It has to piggyback on it. ARNSON: Yes. Mayor and Council, and Councilmember, you are correct. This is a cooperative purchasing agreement. The way that those typically work, for brief a primer, is that one municipality, or government agency, or collective procures the work, and then we're able to piggyback off of that contact. So as we do with many, many other different contracts, yes, the terms of the underlying agreement, whether it's with the city of Tucson, or the city of Mesa, or whichever, would be incorporated into our agreement, and they expressly are incorporated. KALIVIANAKIS: Okay. That's what I thought. Do we know how many bids that they received? MILLER: I see our procurement officer is coming up to the podium. Rob Durham is our procurement officer and he was involved with this process. So I'll turn it over to Mr. Durham. If you can answer the question, that'd be great. DURHAM: Okay. Mayor and Council, I do not have that but I can get it for you. KALIVIANAKIS: Okay. Thank you. MILLER: Justin, I think you started to explain at the very beginning of your introductory remarks about the number of years that you've been familiar with this. One of the reasons we had reached out to the Tucson contract was -- do you want to explain the dollar value and how we're not able to generate enough of our own? Because you were explaining to me we used to have two other contractors that we had used. WELDY: Thank you for the opportunity. In the past we had work done by Hunter Contracting and Five G under emergency circumstances. And the price for that, in my opinion -- I was not the one that selected them at that time -- was a little bit high. The reason behind that primarily, and if they were here they could answer this themselves, is because it was a one off. They had to stop whatever they were doing on any other large project, and come in, and address these minor issues, again, primarily due to collision with the guardrail. TOWN OF FOUNTAIN HILLS Page 24 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 24 of 47 KALIVIANAKIS: Right. WELDY: It was at that time I began to take note of the complicated process for simply securing a contractor that was able to do maintenance and/or repair. And we reach out to several of them many years ago, and again, this was the only one that even returned our call, and offered to come into town, and work with us. At that time, this was also the agreement that they had with the city of Tucson. To date, we've not really experienced any issues with this contractor at their current name and/or their previous name, or the contract itself. KALIVIANAKIS: Okay. Thank you. I guess what I'm still a little worried about and what you, again, addressed tonight was not just fixing the damage, but the upgrading of the guardrails. I don't think that's necessary. I don't think it's required by law to upgrade them. As a matter of fact, it's right in this study that I have. A periodic routine inspection of barriers should be a part of normal maintenance. Inspections may be triggered by a crash report. It just seems to me that this is an item that we can save money on. I think if we allocate $250,000 on this, they're going to spend $250,000 on this. That's just the way the world works. I don't know why if the average crash is 15 to 20 or $30,000. That doesn't have to be established. We don't have to authorize that. That can be authorized by the town manager where we can have possibly more cost protections making sure that we're not doing any unnecessary upgrades, making sure we're getting our money's worth. I see an opportunity for savings here. The conclusion that they came up with it, it is not feasible to immediately upgrade all existing barriers every time there's a change in the barrier standard. The decision to upgrade existing barriers that are in reasonably good condition and reasonable conformality with current standards must be based on a thorough analysis of, quote, the costs involved and the upgrades, and two, the potential improvements to highway safety. Now of course, highway safety is an issue. But again, in the town that we're looking to allocate money to the roads, I think this is costly, and I'd like to see some cost containment on this issue. And so that's what I have about that. Now, lastly -- FRIEDEL: Can I ask a question, Brenda? KALIVIANAKIS: Of course. FRIEDEL: Are we upgrading only after an accident then? TOWN OF FOUNTAIN HILLS Page 25 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 25 of 47 WELDY: Madam Mayor, Councilmember, correct. This contract is just for damage that happens during a crash or after a crash, and periodic maintenance. This contract does not include any upgrades. For that type of activity, we will engage the federal government for HSIP grants. FRIEDEL: That was my next question. What kind of federal money are we getting for this? So if we give you 50,000 a year for five years, or four years, whatever it is, and we recoup a lot of that from the insurance companies, right? So it's really not out of pocket, Brenda, I don't think. WELDY: With the exception of -- KALIVIANAKIS: That's what I want to find out. MAYOR DICKEY: Excuse me. So I think there's just -- the question about the upgrade, the question about the insurance, and this is literally $50,000 a year, but that doesn't mean we would always use it. But you just cited one crash that was 30,000. So maybe just give us like a big picture of all that. WELDY: To date this year we have about $40,000 in collision repair. 30,000 of that was most recent. Last year we had a hit and run on McDowell Mountain Road near mile post 2 that was about $15,000, and that was all we spent. And then we had a minor issue the year before that on Shea eastbound, just west of Fountain Hills Boulevard, where we had a glancing blow hit and run, and that was -- and I don't have that dollar figure in front of me, but I don't recall it being very much. And then every year we probably spend 5 to $7,000 on maintenance where required. And let me explain a little bit about that. With the exception of some of the guardrail on Shea, the remaining guardrail in this community is 30 to 50 years old and has not been updated since that time, with the exception of when there's a crash. KALIVIANAKIS: Okay. MAYOR DICKEY: Thank you. Vice Mayor? MCMAHON: I'd like clarification too. So basically, what you're asking for is up to $50,000 a year as needed when insurance doesn't cover it for collision, et cetera, and if necessary, to -- for a lack of a better word -- you know, replace some of the elder 50- year-old, 40-year-old rail that may need replacement. But also you're piggybacking on Tucson's contract in order to get a better pricing for this, so that's a benefit. So you're TOWN OF FOUNTAIN HILLS Page 26 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 26 of 47 only using this money if there's no insurance to pay for replacement or repair of the guardrail -- WELDY: Madam Mayor -- MCMAHON: -- for the most part, right? WELDY: Madam Mayor, Vice Mayor, this contract is just for repair and maintenance. It does not include any replacement. MCMAHON: Okay. WELDY: The only time that we address any of the W rail within the community is if it is damaged, and again, we do periodic maintenance on it. MCMAHON: So again, you're just setting aside -- you're using the contract, like, this is a normal contract thing that has been done in the past. You set a certain amount for a certain year for so many years in order to take advantage and have that money -- have the contract so you don't have to back and renegotiate it every single year, correct? WELDY: Yes, ma'am. MCMAHON: Okay. So basically, what you want is up to $50,000 a year on a as-need basis? WELDY: Correct. MCMAHON: You're not just going to sit here and spend $250,000? WELDY: We do not have a proactive agreement right now -- MCMAHON: Okay. WELDY: -- based on our assessment to do any replacement. Again, I will share that assessment with the entire council. The intent is for town staff to go after Highway Safety and Improvement grants. That's HSIP. They are very competitive and a little bit challenging, but for the amount of work necessary to bring it into compliance based on a professional engineer's opinion is way more than what we would be willing to spend out of our small budget in streets. MAYOR DICKEY: I think Grady has something to say. MCMAHON: Thank you. MILLER: Yeah. Just a couple points of clarification. So I mean, these are good questions that we're receiving tonight. The one thing I wanted to just make clear though is the way that we work from accounting standpoint, is that we have to have the full TOWN OF FOUNTAIN HILLS Page 27 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 27 of 47 amount in the contract of the $50,000 a year. Because what happens is, when we do get reimbursed, it actually goes into a revenue account, and so but we have to expense out of an expenditure account. It doesn't go back into that same account. The other point is Mr. Janover, the town engineer, last week or at the council retreat gave a presentation on the guardrail replacement program that you were talking about. WELDY: Yes. MILLER: Which is to update it. And the Public Works director tonight is mentioning that we believe that much of that program -- it's not part of this contract, but it could end up being this contractor -- would be funded through grants that we would seek. So two different thoughts here. This is only for replacement of guardrail that are caused by damage when either hit and run vehicles go through them or when we have the MCSO has cited somebody or has taken their insurance information and we're able seek reimbursement. And if you have driven westbound on Shea right past Palisades, you'll see there's like a gully, or there's like a gorge right there. I have seen trailers, I have seen tractor trailer vehicles, and just regular automobiles that have -- and I don't understand how it happens, but it was probably speeding and not really paying attention -- cars have gone right through the guardrail and then into the -- it's like a small valley right on the other side of the guardrail. So guardrails are really essential. They actually help prevent probably more serious injuries and possibly even deaths for people, even though it's a horrible thing to run into, but they're really essential for safety, particularly on Shea where cars are driving so quickly. MAYOR DICKEY: Allen? SKILLICORN: Thank you, Madam Mayor. Quick. Manager Miller and Director Weldy, I think I'm also hearing something that conflicts. So Director Weldy, you mentioned that this contract is for repair and maintenance. And I just heard Manger Miller also say this to replace damage. Which is it? MILLER: It's the same. I mean, when you have a -- I consider a guardrail damaged when someone drives through, but it may not -- sometimes it might just be the wooden base that is holding it, and in some cases the whole guardrail has to be replaced. But that's just different vernacular. I think maybe we're getting caught up on that. So it's replacement, it's also repair. Sometimes it is repairable with maybe they hit the edge of it TOWN OF FOUNTAIN HILLS Page 28 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 28 of 47 and it's not a full on replacement. A lot of times it is a full on replacement that has to occur, but this covers both types of situations. But it's not part of a capital improvement program which is designed to upgrade and replace these over time. That's a capital project we discussed at the retreat, and that's going to be handled differently, and a different source of funding, which hopefully will be grant funded. SKILLICORN: And Madam Mayor and Gentleman, when is the current contract up? I assume there's a current contract right now. WELDY: Madam Mayor, Councilmember, this contract that we are currently utilizing has an expiration date of May 1st of this year. SKILLICORN: Okay. So the clock's ticking. So Madam Mayor, Council, I would feel better if this went out to bid. $50,000 a year may not fit the threshold, but a quarter million dollars does. So I would feel more comfortable going out to bid. But we'd have to, you know, know that going in that this contract expires in less than two months. WELDY: Madam Mayor, Councilmember, if I may. The underlying agreement is for five years, and the renewal will be published by the city of Tucson prior to the expiration date. So the master agreement and/or the underlying agreement has a five-year time frame, and this is tied to one of those amendments. So there will be an amendment, and in the contract language here it explains that should the underlying issuing agency extend that per the terms, then it also extends our term. MAYOR DICKEY: Sharron. GRZYBOWSKI: I had two things. One was I think the Vice Mayor addressed it, the cost savings of doing a multi-year contract. I also want to point out, I worked for an insurance company for a lot of years, and not only is it a separate pool of money that comes in, but they were going to also drag their feet a little bit before they pay out, and when they do pay out, it's going to be on an actual cash value basis, which is not going to be the replacement cost for the cost of the guardrail itself. And I just wanted to make sure and get that out there. So just because we have insurance company money coming in doesn't mean the timeliness is going to be good, and it's not going to be the dollar value that we're going to need to be able to replace this properly. Thank you. MCMAHON: Do you want to say -- TOWN OF FOUNTAIN HILLS Page 29 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 29 of 47 MAYOR DICKEY: Vice Mayor? MCMAHON: Are you -- MAYOR DICKEY: Council? I don't know which one was first. KALIVIANAKIS: I think I was first. MCMAHON: I was going to make a motion to approve of the amendment. KALIVIANAKIS: I still have discussion. MAYOR DICKEY: We can discuss after a motion. KALIVIANAKIS: Okay. MCMAHON: Should I say the whole thing? Amend number 1 to professional services agreement 2022-34 with Elite Civil Construction for guardrail repair maintenance in the amount not to exceed $250,000 over five years. MAYOR DICKEY: Is there a second? GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. Yes, Brenda? KALIVIANAKIS: Further discussion. MAYOR DICKEY: (Indiscernible). KALIVIANAKIS: Thank you so much, Ms. Mayor. Yeah. What Councilman Skillicorn said, that was one of my concerns, just so you know, was the actual maintenance -- how much is that going to be, maintenance? Because again, in my report here it says that routine maintenance for guardrails should be very minimal. So I want to make sure. And that's why when I suggested that maybe this go through our town manager, again, I thought maybe we'd have a little more cost containment. But if you're telling me that this is more -- and what Sharron said -- more for an accounting purposes, that we pool the money, that you do the review, make sure it's being spent wisely, you know, I would have no problem with that. I just want to make sure that there's a cost containment on this project and it's not your oversight. MILLER: Yes. And it does. In fact, typically, we also have emergency situations where it might exceed, you know, my authority, and we'll always bring that back to the council for your ratification of my action or my decision. I also want to address Councilmember Skillicorn's point about, you know, putting it out to bid. It's always a good thing to make sure that we're getting the best most competitive TOWN OF FOUNTAIN HILLS Page 30 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 30 of 47 pricing on this. But I want to just reiterate that Tucson has done that for us, and Tucson probably has a much larger land area, probably have a lot more guardrails then what we have. They're also a hillside community as well, so there's probably a lot of guardrails that they have. And I believe that while we couldn't bring to you tonight what the competition was or how many submitted, because we weren't prepared to provide that tonight, we can certainly provide that information. I'm just concerned, we've had difficultly putting this out to bid ourselves in the past, and I just don't think we generate enough business for companies to want to have an interest in this. But Tucson, I can assure you, definitely does, and I'm sure they have a lot more competition for this type of contract. But I will definitely make sure that we provide you that information because I do think it's worth having that. KALIVIANAKIS: Okay. And then my last concern, I promise. Just one more thing. Inside the contract for the city of Tucson, which is certainly different than the town of Fountain Hills -- big government -- they had written in their agreement a living wage requirement. The living wage requirement would apply to us too. Now, I know our cost of living in Fountain Hills is much greater than Tucson's, and this covers the minimum wages, this covers healthcare. They had to get a certificate of living wages in order to get this contract passed. And so I'm just wondering, are we going to be bound by the provisions that require living wages here in Fountain Hills? WELDY: Madam Mayor, Councilmember, the contract that we utilize from the city of Tucson has unit pricing. That unit pricing took into account all of the terms for the contract prior to the city of Tucson issuing it. We will not see an increase of our unit prices unless we ask them to do something unusual, and we have no intentions of doing that. KALIVIANAKIS: So this living wage requirement would not affect the contract that we have with this organization or company? WELDY: No, ma'am. All of the bidders would have had to have addressed that as part of their submittal to the city of Tucson at that time. KALIVIANAKIS: Okay. MAYOR DICKEY: Aaron, did you have anything? ARNSON: No. I agree with Director Weldy. It won't, and actually that would -- for this TOWN OF FOUNTAIN HILLS Page 31 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 31 of 47 contract or for future contracts, it way well be something that we make sure to specifically exclude. But because it's not something that's a part of our procurement code, not something that's a part of our charter, this is part of Tucson's charter, we couldn't be bound by it, it's not ours. KALIVIANAKIS: Okay. Well, that's why I was just -- by reference it is in our packet and does refer to us being -- ARNSON: Understood. KALIVIANAKIS: -- bound by the agreement that they were bound by, so that's why I wanted to bring this up. ARNSON: Understood. KALIVIANAKIS: Yeah. Again, it's all cost containment to me. That's what it is. Thank you. MCMAHON: Is it vote time? FRIEDEL: I'm ready to vote. MAYOR DICKEY: Yes, please. We have a motion and a second. Please, roll call? MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. MENDENHALL: It passes 6 to 1. MAYOR DICKEY: Thanks very much. Our next item is about a professional services TOWN OF FOUNTAIN HILLS Page 32 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 32 of 47 agreement for tree services. Is that you? MILLER: Yeah. Mr. Weldy's going to do this one -- MAYOR DICKEY: Hey, Justin. MILLER: -- as well. So good timing on that. MAYOR DICKEY: Thank you. WELDY: Thank you. Madam Mayor, Councilmembers. This contract that we have right here is, again, another amendment to an existing agreement. We've certainly discovered throughout time that securing specialty contractors that prune, remove, or simply trim larger trees in traffic areas is a little bit challenging. This particular company came to our attention back in 2014 when we had issues with the large trees on Fountain Hills Boulevard at Shea. They were willing to get into those trees under an agreement that we used at that time. They gave us a price that I thought was a little bit outrageous, and fortunate for us, that price was not realized because they ended up doing it for about half that. We've been able to have that same success with them for a considerable amount of time. It should be noted that over the last couple of years we've had some unusual storm events including but not limited to snow, high winds, rain. The end result of that is a lot of the trees within our right of way, and adjacent to the right of way and streets on land that is not privately owned, requires the town to take action on that. We have managed last year and this year to address the lion's share of that backlog of concerns with this firm, and I stand here tonight confident that should we have a rain or storm event rest of this fiscal year, which ends in June, but also this calendar year, that we are less likely to have the number of tree branches and full grown trees -- town owned, disclaimer -- that will be obstructing or creating hazards in the roadway as a result of the activities of this group. This year we did spend a little bit more then we typically would, but we would also ask for the contract authority to address any issues should they arise. With that, any questions you may have, I'll do my best to answer them. MAYOR DICKEY: Thank you. Do we have any speaker cards on this? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you, Linda. TOWN OF FOUNTAIN HILLS Page 33 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 33 of 47 Any questions or comments? Council? SKILLICORN: Yeah, Mayor. Director Weldy, is Top Leaf the current vendor we're using right now for this contract? WELDY: Madam Mayor, Councilmember, they are one of two vendors that we use. The other vendor that we use has our town-wide landscaping agreement that takes care of the open space, the parks, and some of our drainage parcels. SKILLICORN: So we have two and we're going to continue having two? WELDY: For the foreseeable future, that's correct. This group is a specialty for trees. The other group is kind of an all-in-one. SKILLICORN: All-in-one. And you mentioned that we spent a little bit more last year, is that 2022? WELDY: Combined with last year and this year, yes, we did. We spent about $55,000. SKILLICORN: Okay. So the previous agreement, was it similar to this where it was $100,000 a year, up to? WELDY: Up to, yes. SKILLICORN: And so last year and the year before we did not spend 100, we spent 55? WELDY: The two years combined we spent 55. Over the last several years we've averaged about $15,000 or less for this type of maintenance for all of our open space and medians adjacent to the right of way. SKILLICORN: Okay. And then what is -- I'm going to assume that if we approve this, staff can go up, you know, to that 100, but there is no notice to the board or anything like that. You know, can we get some sort of assurance that, you know, obviously a big storm, you know, a monsoon comes through, does some damage. Clean up should be something that we should know about and the costs. Can we get some assurance that you guys would be coming to us and let us know that, hey, it did come to X dollars. Let's clean this up? WELDY: Madam Mayor and Councilmembers, I stand here before you tonight to let you know that we absolutely do not spend any funding in Public Works unless it's absolutely necessary, including but not limited to the maintenance of our trees. In the event that we have a large storm, the previous council approved several contracts for that type of clean up. We react to that event at that time. We return under the direction of the town TOWN OF FOUNTAIN HILLS Page 34 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 34 of 47 manager to the Mayor and Council with a briefing, usually immediately through a series of emails, and then we come back, and do our best to explain the amount of money that was spent, where it was spent, and the reason why. So the answer to your question is, yes. In the event that we have an unusual rise in cost for maintenance related to any storm event, we will return to this elected body and make you aware. SKILLICORN: And Madam Mayor, Director, the key word was yes. And usually I like stuff like this to go to bid, just like the last one. But because two reason, one, we have spent lower than the cap, and you said the word yes, I'm going to be okay with this. And I make a motion to approve this item. MAYOR DICKEY: Any further discussion? Roll call, please? MENDENHALL: Councilmember Friedel? FRIEDEL: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes unanimously. MAYOR DICKEY: Thank you. Thank you, everyone. Thanks, Justin. WELDY: You're welcome. MAYOR DICKEY: So our next item says public hearing, but we continued it, so I don't have to -- we're continuing the public hearing relating to the golf ball fence on Brittlebush. And Grady, did you want to start or just John? TOWN OF FOUNTAIN HILLS Page 35 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 35 of 47 MILLER: Well, I do want to let the council know, I'm not sure all of you are aware, but the applicants are actually on the phone tonight. They're in Colorado. They were unable to make it in person. I believe one of the spouses is ill. And so in any case, they are on the phone, and so as part of this process they will obviously be asked to provide some input and after Mr. Wesley provides his report. So with that, I'll turn it over to Mr. Wesley. WESLEY: Yes. Council, I'll go through this fairly quickly because you have seen it before, but for those who need a reminder or maybe are new to them, a little bit of background that the zoning ordinance does provide for. Looks like I got -- MAYOR DICKEY: Yeah. We're looking at sign ordinance here. WESLEY: I got the wrong one pulled up. I -- MAYOR DICKEY: No. WESLEY: Maybe -- MAYOR DICKEY: No, no, no. WESLEY: Maybe I pulled the wrong one off my list here a second ago. I see here. That was -- let me go. Let's see here. I don't think -- just chat amongst yourselves for just a moment please. I'll get -- there you go. Okay. Sorry about that. Let me find the right one. Whoop. [LAUGHTER] GRZYBOWSKI: We're laughing with you, John, not at you. WESLEY: Thank you. MAYOR DICKEY: We're thanking you. WESLEY: Saving your from that one for now. SKILLICORN: (Indiscernible) a comment while we're waiting. Mind if (indiscernible) while we're waiting? MAYOR DICKEY: We do the presentation, then the applicants and then public comment. I'm following the rules. WESLEY: And then -- SKILLICORN: John, be brief. KALIVIANAKIS: And just in a point of order, are they limited to two minutes? MAYOR DICKEY: No. TOWN OF FOUNTAIN HILLS Page 36 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 36 of 47 KALIVIANAKIS: The applicants on the phone? MAYOR DICKEY: No. Uh-huh. KALIVIANAKIS: Okay. WESLEY: There we go. This one looks better. Okay. Sorry about that, Mayor. Okay. So background dealing with the property on Brittlebush in SunRidge Canyon Golf Course. It is in proximity of the forward most tee. To let it be considered for this, we had the information before on the number of balls, and the speed with which the balls strike the property, and saw some of the damage that has occurred on this property and the adjacent property due to the golf ball strikes. We did, at the January 17th meeting, consider two fences, one on the north and one on the west. Various options were discussed with the property owner at the time and got input from neighbors in the area. At that time council did not reach a decision. The applicant has continued to look at options, talk with HOA, and try to get some direction from them. This, again, is the property in question. They have amended the request now to be one net on the north side. That is located about 13 feet west of the east property line and about 22 feet east of that west property line, just a horizontal net to catch balls that would be coming up and before they could hit into their patio area, 11 feet tall there at the house sloping down slightly to the north. Here are some pictures showing the height and that tree that's to the west end of the property that would screen the view from the neighbor to the east there. Also from the golf course, a couple of the views of what it might be like. Again, the zoning ordinance as you consider special use permits, their impact on the neighborhood, and welfare of the town. So those are the basic criteria for consideration of approval. In this case this house does appear to be a little bit more exposed than the ones on either side of it. We have the expert report showing the impacts of the golf ball strikes on the property. We have previously approved other golf nets. This would be the first one, however, in SunRidge Canyon. And given the impact that of the new fence, this appears to be very limited impact on any views, but it has been this way for a number of years. Accessory structures, this is now proposed smaller than other accessory structures could be and meets the criteria. If we would've started this way it could've been done administratively. Staff is recommending approval on this revised golf fence. MAYOR DICKEY: Thank you. Now, does anybody have any questions just for John? TOWN OF FOUNTAIN HILLS Page 37 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 37 of 47 We can listen to the applicants. Would the applicants like to say anything on the phone? JOHNSON: Can you hear me? MAYOR DICKEY: Yes. Thank you. JOHNSON: Oh, yes, I would. Thank you. And there is a time lag here. I'm sorry we couldn't make it. My wife picked up the latest iteration of a flu bug up here, so we didn't want to spread it to anybody down there. But you know, just I'd like to get this approved tonight and be done with it. I know after the last meeting where you tabled it, I think it was immediately afterwards, at least three weeks ago I sent each and every member of the council a copy of the golf ball strike analysis, the option two schematic on the horizontal netting, photos taken from the east neighbor's direction showing no impact -- and I think John has those tonight -- photos from the northwest corner from the other neighbor, there's no impact. Also photos taken from mid fairway looking back towards the home, there's no impact. And photos taken from Brittlebush, the actual street view, there's no impact. I invited each and every member of the council to come down, take a look, see what I'm talking about so you don't think, you know, I'm just dreaming something up here. And I appreciate the fact that Councilwoman McMahon actually took me up on this, and did come down, and actually took a look, and I think she kind of saw what we're faced with here. So I'm hoping tonight if you have any questions, ask me those questions. Let's get it out. It'd be really nice to go build this, and you know, be able to use that backyard. In the meantime, I believe John also has given you a copy of our tenant, even our tenant wrote a letter, and he knows how dangerous it is. He's been collecting golf balls. He's got 100 to date, and he hasn't been there a full year. He hasn't been there during the main golf season, as we rented it to him much later in the year last year. So I'm open for questions. MAYOR DICKEY: Thank you, sir. I'm going to see if we have any speaker cards, then I can close the hearing, and then we can discuss and ask you some questions. Do we have any? JOHNSON: Okay. MENDENHALL: Yes, Mayor. We have two speaker cards. First is Bobbie Kennamer. TOWN OF FOUNTAIN HILLS Page 38 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 38 of 47 KENNAMER: Good evening. The last time that I attended a meeting where we discussed the fence, I was strongly opposed to it because it was going to be over three stories high and we were very concerned it was going to affect our property value. And we've always been concerned about safety. And I've got to thank the Mayor, Council members, John with P and Z, and the Johnsons for working to resolve this issue and find a solution that works for everyone. I'm not opposed to the new plan that the Johnson's have put before you. I'm fine with it. Thank you. MENDENHALL: Next we have Gayle, and I can't read -- EARLE: Earle. MENDENHALL: -- your last -- EARLE: Earle. MENDENHALL: Earle. It is Earle. I was going to say that. EARLE: Madam Mayor and Councilmembers, and I appreciate all the work that you're all doing up here. I just want to say I live in a golf course community, Eagle Mountain, and I am in many backyards in my neighborhood. One in particular that gets plummeted all the time, they ended up putting one of these things up, but a lot more intense or involved than the one that they're suggesting here. I used to feel real unsafe in that backyard, now I do feel safe. And I wanted to just say that if they get pummeled, it is a dangerous thing. And I appreciate if you guys would allow these people to be safe. Thank you. MAYOR DICKEY: Thank you very much. Any other cards? MENDENHALL: Mayor, that is it. MAYOR DICKEY: Thank you. I'll close the hearing and then we're open for questions by Council. Vice Mayor? MCMAHON: I did go out to see their home and these pictures don't do the damage justice. I was shocked, literally shocked at how destructive these golf balls were to their home. They're on a zero lot line. So one of the side walls was all painted over, and if you really look closely at it, you can see over hundreds of ball strike marks. And there were like over ten or so balls in there just overnight. Their pool decking is just destroyed. And they shouldn't even replace it until they have some type of net and protection to TOWN OF FOUNTAIN HILLS Page 39 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 39 of 47 cover the pool decking. I mean, everywhere you look there are ball strikes in this house and it's extremely dangerous. I think that, personally, it's a disaster. And they can't even use their pool. The renters have been very gracious, and they don't hardly use the pool, I understand. So I think that the modifications of this, being out there and seeing how it's level with the eave, et cetera, and goes down, you're not going to be able to see it from the golf course, or it's not going to bother the neighbors, or anything. So I think that it is a really good modification, and will work for them, and I'm all for it. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. This is the difference between a judicial and the legislative proceeding tonight. The town has previously provided means to allow the placement of golf nets on properties abutting golf courses to protect them from errant golf balls. The council has previously amended the ordinance to allow these to approved administratively. The SUP that is desired by the applicant is no longer necessary. In a case such as this, if you would go to judiciary, it would be mute. The petitioner's grievance has been settled. Let's take a case of a fence that's dividing two different homeowners and they have a dispute on whose property it's on, doesn't have a land use, whatever. One of the homeowners files a lawsuit and they want to litigate it. It goes to court. Before the court date, the other homeowner removes the fence, it's no longer there. If that were to go to court, why would they have a hearing? It's been decided. It's over. The fence is down. So there would be no hearing. It would be dismissed out of mootness. This is the case here today. This fence can be put up, it doesn't need our permission, and it doesn't need our time tonight either. Unfortunately, administratively it's been noticed and so we do have to have a vote on it. The current proposed net is not needed. The town doesn't need to act. Voting on it would be pointless. And so I would vote no, and I would like to have a motion to vote no on SUP 22-000002. Thank you. GRZYBOWSKI: However many zeros that is. SKILLICORN: Second. MAYOR DICKEY: Councilwoman Grzybowski? GRZYBOWSKI: According to the staff report, and I actually talked to John about this as well, had this request come in as it is now, it could've been approved administratively and didn't even need to come to us. The only reason why it's back to us now is because it has TOWN OF FOUNTAIN HILLS Page 40 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 40 of 47 already been before us. So had this all been with this pretty little bow that it has now, I read and understand that it would've been approved upstairs. So if that's the case, then I approve the motion to approve the SUP, blah, blah, blah, however many zeros and a 2 at the end, because John could've done this -- John and his people could've done this on their own. It's only before us because we've already seen it once and didn't make a decision on it. So I approve of it as it's written. MAYOR DICKEY: So the motion on the table is to not approve it. So and there is a second. SKILLICORN: Well -- MAYOR DICKEY: Go ahead. SKILLICORN: Administratively, if we vote down the motion to not approve it, it's approved, correct? ARNSON: Well, it would go -- hold on. [CROSS TALK] SKILLICORN: You know what, there's a motion and second. Vote on it, and then if someone wants to make a motion to approve -- is Councilwoman Grzybowski's motion to approve? MAYOR DICKEY: Well, your motion was on the table already. SKILLICORN: Yeah, correct. GRZYBOWSKI: I have to wait for you to be done before we can -- MCMAHON: Do you withdraw it? GRZYBOWSKI: -- before I can do it. MCMAHON: Aaron, can he withdraw the motion? MAYOR DICKEY: He was the second, right? ARNSON: Yeah, he was the second. So I mean, of course, the motion could -- MCMAHON: Oh. ARNSON: -- be withdrawn. MAYOR DICKEY: So it was Brenda? KALIVIANAKIS: I was -- ARNSON: But I mean, I -- KALIVIANAKIS: I was the first. TOWN OF FOUNTAIN HILLS Page 41 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 41 of 47 SKILLICORN: I'll withdraw my second. MAYOR DICKEY: All those -- ARNSON: Well, both said they'll withdraw. I'm sorry. I didn't hear. Both said they'll withdraw. Understood. MAYOR DICKEY: You both. SKILLICORN: So if there's no second, it's dead, correct? GRZYBOWSKI: So the only motion before us now is (indiscernible). MAYOR DICKEY: Hold on, hold on, hold on. KALIVIANAKIS: Well, no. I have a motion on the table. Suggest the motion to vote no on SUP 22 with all the zeros. That's what's on the table. MAYOR DICKEY: Right. KALIVIANAKIS: And I would like a second. MAYOR DICKEY: And you had a second. And -- MCMAHON: And he withdrew it. MAYOR DICKEY: And I -- SKILLICORN: (Indiscernible) want to second? FRIEDEL: (Indiscernible). KALIVIANAKIS: So you're not supporting it, okay. MAYOR DICKEY: Okay. FRIEDEL: Then I'll second it. [LAUGHTER] MAYOR DICKEY: Okay. But let's take a roll call vote on not approving this. GRZYBOWSKI: How do you vote on that? That's -- MAYOR DICKEY: You vote no. GRZYBOWSKI: You can't just vote. MAYOR DICKEY: We vote no. If you want it approved, you vote no, correct? ARNSON: Yes. If you want it approved -- GRZYBOWSKI: So wait a minute. MAYOR DICKEY: The motion on the table is to not approve -- ARNSON: To deny it. MAYOR DICKEY: -- to deny SUP. TOWN OF FOUNTAIN HILLS Page 42 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 42 of 47 ARNSON: Yeah. MAYOR DICKEY: All that. GRZYBOWSKI: I so got to (indiscernible). KALIVIANAKIS: If you're in favor of denying -- MAYOR DICKEY: So yeah. KALIVIANAKIS: -- vote aye. MAYOR DICKEY: Vote no if you don't want to deny it. MCMAHON: Okay. Thank you. GRZYBOWSKI: Sorry. MAYOR DICKEY: Roll call vote, please. MENDENHALL: Okay. Councilmember Kalivianakis? KALIVIANAKIS: I vote aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: No. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: No. Now, Sharron? GRZYBOWSKI: Okay. So now I move to approve SUP 22-00002 for the construction of a golf ball fence at the Brittlebush Lane that's addressed in the (indiscernible). MCMAHON: I second it. SKILLICORN: I'll second. Or go ahead. MAYOR DICKEY: Thank you. Let's take a roll call vote, please. MENDENHALL: Councilmember Toth? TOTH: No. TOWN OF FOUNTAIN HILLS Page 43 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 43 of 47 MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: No. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes 4 to 3. MAYOR DICKEY: Thank you very much. And we will move on. The legislative items. Grady, do you want kick it off? MILLER: Yes, Mayor and Council. So the item before you is the legislative bulletin and an update on the legislation that the state legislature is considering. I was not really prepared to really talk about much other than when we had the phone call on Monday. There's still really concern about 1117, which is the one that really would really supersede all of our zoning here, and would bring about some really bad things for our neighborhoods as it relates to increasing densities and things that our residents would not really have a say on. And that still looks like it's moving. And that was the only one I was really prepared to talk about. I'll turn it back over to you, Mayor. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Mayor, with your permission. It sounds like after, or during Monday's call, again, it was 1117 was the only one that was a concern, and that one would have a negative effect on Fountain Hills, quite a negative effect on Fountain Hills, and many other communities. And it does appear to have some momentum in the legislature and even the Ninth Floor. MAYOR DICKEY: It hasn't gone through Cal (ph.) yet, so we still have a chance. But TOWN OF FOUNTAIN HILLS Page 44 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 44 of 47 one of the things that I wanted to check because of our community, and I don't know how our representatives and senator would feel. But it seems like we have some specific items, like our hillside ordinances and our wash protection, in addition to our setbacks, and our, you know, all the other things that we have in town to keep our town the way it is. So it hasn't gone to the floor yet so I don't know how -- Do you know? SKILLICORN: Well, I spoke to the bill sponsor, and in full disclosure, this is something he has wanted for a long time, and he might see this opportunity as a bill of final bipartisan way of getting it done, where it may not have happened in previous years because there wasn't enough support. I still think that he doesn't have enough votes to pass it right now, but there's wheeling and dealing going on, and unfortunately, there's powerful special interest that don't care about our zoning and don't care about our pretty views and our hillsides. MAYOR DICKEY: Yeah. And that's part of the issue is the idea of it's helping housing inventory, but it's a full -- well, let's see. I'm trying to see the words that Suzanne Fisher (ph.) used today -- a blunt instrument from the legislature. It's better to work with the cities to see what has worked because others have, understanding local context, and infrastructure rather than dramatic shifts from single family housing to high rises. We have, you know, the opportunity to do duplexes and such, like we have. We've changed some of our zoning. This was from a man named Mike Kingsella from -- Up for Growth is the name of that group. So I think what this does is it just does everything to the entire state with no proof of cities actually being the problem with the inventory. And particularly if you look at what we've done, we've changed some commercial zoning into multifamily and residential. So we're like -- FRIEDEL: Mixed use, yeah. MAYOR DICKEY: Yeah, yeah. Mixed use. So we've been trying to do that. So what we have to get, if it does pass, we'll have to try to get more public input on this because it's huge. And again, we've talked about this before. How all our discussion about homes, and neighborhoods, and such would just be moot. The first and only bill so far, or at least the first bill that was signed, it was 1103, which was actually an approval -- administrative review and approval to help with TOWN OF FOUNTAIN HILLS Page 45 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 45 of 47 developments go through administration, and it was actually a league sponsored bill. So the first bill being actually turning into law was a league sponsored bill. But just and I know we can get out at a decent time, but I just want to mention some of the others that -- and I don't know whether they'll pass or not, but just to give the idea of the language. Preempt municipalities from banning more than six chickens in a backyard in a single family detached residence in half acre or less. So preempt. Next one. Prohibit a city or a town from requiring food trucks to pay more than $50, whatever, and then allowing food truck operations in residential areas by right and precluding background checks, unless they include fingerprint clearance. Another one. Prevent municipalities from lowering a law enforcement agency's budget below the previous year and withhold state shared revenue until the budget's restored for municipalities choosing to do so. Now, you all know that we're working with MCSO. We could end up, you know, with maybe a better contract, who knows. So we would get punished if we did that because they would think we were trying to defund the police, which is like the least thing we would be trying to do. So that's another one. Require a council to consider housing impact statements regarding the impact of zoning ordinances or zoning ordinance text. So and this is another one of those efforts that's been going on for a long time, so basically, just take the hillside ordinance, it's easy. That does add cost to developing a lot, but this make us have this big report, general estimate of the probable impact on the average cost to construct housing for sale or rent if they had to go along with our ordinances. And a description of any data or reference material, and a description of any less costly or less restrictive alternative methods. So basically, you know, we'd end up being like the architects or something to come with that. So again, and the 1117. So we seem like we're pretty united on that. I don't think there's anything for us to take action on because I think we've already put our positions in on these bills, but this is when it's all going to start to happen and happen quickly. So we'll be paying attention. Anything else? KALIVIANAKIS: Yes. MAYOR DICKEY: Yes. KALIVIANAKIS: Thank you, Ms. Mayor. I just had one other. It's S.B. 1053. This TOWN OF FOUNTAIN HILLS Page 46 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 46 of 47 was passed by the senate. It's currently going to the house. This is the Humane Society, it's in support of this. And if you love dogs, and cats, and critters you will be too. During COVID they lifted the restriction on telemedicine for dogs, cats, and for pets. And that really helped people rural areas, and the reservation, and some poor people that couldn't pay for veterinarian medicine. Supporting this bill will help deliver veterinarians and veterinary care to rural areas in Arizona, tribal lands, and other areas with limited access to care. Telemedicine works, and is safe, and is cost effective. This bill does not allow for prescribing narcotics, or other dangerous, or abused drugs. The veterinarian practice in Arizona ensures quality care that is provided to people that otherwise wouldn't have it. Telemedicine services will be life saving for animals, families with limited access to veterinary care, so I hope everybody can support that. And to let legislatures know this will be coming before them very shortly. I will be speaking at the state house, by the way, in support of this, and we have to help our dogs, cats, and critters. MAYOR DICKEY: So that'll be in a committee in the house at some point? KALIVIANAKIS: Yes, on a committee. MAYOR DICKEY: Okay. So that's where you can sign in. Thank you. Any other items? Our last item is our council discussion direction to town manager. Yes, sir. MILLER: I just want to be sure that we are clear that if we need an agenda item for the 5G moratorium, or whatever -- ARNSON: I don't think we need an agenda item for it. I can advise the council of our determination to that whether in a privileged email or an executive session. MILLER: Okay. ARNSON: Sure. MILLER: Great. Thanks. ARNSON: Um-hum. SKILLICORN: Madam Mayor, a potential agenda item, if there's two people that support it, is this idea of the SunRidge Canyon preserve. I'd love to have a discussion of what the legality of that is if we have two other people that would support that. TOTH: I second that. TOWN OF FOUNTAIN HILLS Page 47 of 47 MARCH 7, 2023 REGULAR MEETING MINUTES Page 47 of 47 MAYOR DICKEY: Yes? MILLER: Well, we're going to have the capital improvement budget discussed next week, and there will be a full presentation on this project. And if the council wishes to at that time give us the direction that they want to do either the preserve, or the trail, or whatever, we're ready. We heard you last week that you didn't want to continue with the park, so that's a really good opportunity. And then if there needs to be any follow up as a result of next week, staff will certainly do that. MAYOR DICKEY: Yeah. I think the idea of selling it or whatever never -- I haven't heard that one before, so we might need to look into that. Anything else? SKILLICORN: (Indiscernible). MAYOR DICKEY: Any other items? All right. Thank you. We are adjourned. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on March 7, 2023, at 7:22 p.m. TOWN OF FOUNTAIN HILLS _______________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________ Linda G. Mendenhall, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 7th day of March 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd Day of May 2023. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL March 14, 2023 A Special Work Session – Capital Improvement Projects 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 Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Attended Telephonically: Councilmember Gerry Friedel Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately two members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 1 of 90 Post-Production File Town of Fountain Hills Special Work Session Capital Improvement Projects March 14, 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 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 2 of 90 MAYOR DICKEY: Good evening, everyone. We are having our discussion on our capital improvement projects, and we just heard them a couple of weeks ago -- most of them. So I think this is great, because we're really familiar with what's coming down the line. And Grady, you're going to kind of kick it off, right? KALIVIANAKIS: Just very quickly. Gerry just texted, "I can't get through the phone number they gave me. Darn it." MAYOR DICKEY: Oh, okay. KALIVIANAKIS: So whatever number he's got, could somebody contact him and give him the right phone number? Thank you. MILLER: We will definitely try to do that. Would one of you mind just going up to Angela? Or Mike, do you want to let us know what that number is? Sorry, Councilmember. We'll get you that number and we'll either email it back to you or text it back to you. KALIVIANAKIS: Good. Thank you. (PAUSE) MILLER: Mayor, if you'd like, I can start off with, at least, the introductory remarks so we can dispense with the process and how it will work tonight. So we appreciate you all being here tonight. As the Mayor was indicating, a couple of week ago at the council retreat, you had, for the first time, a preview of the proposed capital improvement program for next year. What we're going to do tonight is give you a presentation by our town engineer. And the town engineer will go through all the projects. And we ask -- to try to keep this moving pretty well, at a good clip -- is if you have no issues or any concerns with the individual projects, we'll go onto the next one. If you have concerns then at any time during the presentation, after the end of that presentation on that project, ask your questions and the staff will come up and respond to your questions. We'll work on a consensus basis. So what I mean by that is if there's a consensus of council that they either want to postpone a project to an outer year or later year, rather than next year or if they wish to not have it be part of the capital improvement program, TOWN OF FOUNTAIN HILLS Page 3 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 3 of 90 then we'll look for that tonight so that we can just go ahead and not have that project have any further consideration through the budget process. So we've done that before. We've had actually, at the workshops, we're not going to ask you to vote but we'll be able to, based on the discussion and how it's going, we'll be able to count nods and kind of figure out who the number of people that are supporting it or not supporting a project. So we can kind of figure out from there. Both department directors are here, Rachael Goodwin and also Justin, who can answer technical questions or any other questions have you about the specific projects. So that's pretty much in a nutshell how we'll handle it tonight. So any questions before we move on? MCMAHON: Yes. MILLER: Yes. MCMAHON: With that in mind, I would appreciate it if the presenters let us know the situation if it's absolutely -- not absolutely, but if it really needs to be done. I mean the whole nine yards of the consequences if it wasn't, so to speak. Okay? Thank you. MILLER: Yeah. And there will be a few of those where we have -- as an example, we have flagged control district projects that are grant funded, where we need our -- we actually need to have our match in order for these flagged control projects to go through. And I think we also have some -- there might be some transportation ones where we actually have MAG dollars that we have to keep in the capital in order to make this stuff happen. So do we know -- is Councilmember Friedel on the line? MENDENHALL: Working on it. MILLER: Okay. MAYOR DICKEY: I have a question, Grady. MILLER: Yes. MAYOR DICKEY: So we talked earlier about what our expected carryovers might be, what are we looking at as a total. So as we go through these and we see this much in community services, this much in public works, to kind of get a feel for what we expect to be in the CIP -- MILLER: Good question. TOWN OF FOUNTAIN HILLS Page 4 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 4 of 90 MAYOR DICKEY: -- and I know it's early but maybe we can do that. MILLER: The chief financial officer, Mr. Pock, was able to provide me a number and he said that he believed the ending balance for the fiscal year will be $4.2 million. Then we also have, as part of transfers and such that happened after the audit, right? And usually, that's the construction sales tax that will be put in there and then also the yearend surplus. So I'm sorry, he's already anticipated the construction sales tax, but the yearend surplus that traditionally goes into that is not really transferred until it's verified what that might be as a result of the audit. And usually -- or historically, we've been tracking, is about $2 million or so that has gone into the capital fund. So realistically, you could be looking at probably about $6 million or so that would be available for capital projects in the capital improvement program for next year. MAYOR DICKEY: And just to be clear, that's not the only source of programing funding for our funding for these? MILLER: That's right. So -- MAYOR DICKEY: There's different projects. MILLER: Absolutely. So you'll see the projects have a lot of different sources of funding. You have development fees, which in the case of -- and I'm just throwing this out. With like a new park development, development fees would be covering that. We also have grants that would also be covering some of these. And you might also have some town general fund contribution as well. So -- MAYOR DICKEY: Thank you. MILLER: Thank you. With that, I'll turn it over to Mr. Janover, who will go ahead and kick off and will be doing the lion's share of the presentations tonight. Mr. Janover? JANOVER: Thank you very much. Pleasure to be here. Good evening. Okay, now we have all of you. Good evening, Mayor and Council. CLERKS NOTE: Due to technical difficulties Councilmember Gerry Friedel joined the meeting at 5:39 p.m. TOWN OF FOUNTAIN HILLS Page 5 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 5 of 90 FRIEDEL: Gerry's here. MAYOR DICKEY: Great. Thanks, Gerry. JANOVER: Perfect. And as Grady mentioned, we do have Directors Rachael Goodwin and Justin Weldy here tonight to answer any questions -- detailed questions. They have a lot of historical perspective that I might not. So we're a great team and excited to be here to present this to you tonight. And first I also want to, firstly, take this opportunity to wish you a happy pi day. Today is March 14th: 3.1415926. So it's an engineering thing. Yeah, you know more than I do, I'm sure. So tonight we're going to present the FY24, community services capital projects, the '24 public works capital projects, and the outer year capital projects. So first, I'll start with the community services projects for next year. So our first one is the Sunridge Preserve and walking paths. So this is for the design and construction of passive walking paths in Sunridge Canyon. You might recall, originally there was a public park that was identified in the general plan and we did have a public charette held earlier this year. However, at the council retreat several weeks ago, we did get direction to provide a reduced scope here to passive walking paths, with the possibility of developing future amenities at some point. So with that, we are asking for $100,000, and this cost would come from the park development fees. We also have a partnership with Conservancy Trailblazers. So they're a volunteer trail building folks that would help us with the construction of the trails. The operation of this facility would be from sunrise to sunset only. It would be designated as a preserve to allow all the town ordinances to be enforced at the location. And again, we removed the parking lot and the vehicular access area and the shade ramadas that were originally shown on that plan. So now it's really just going to be the walking paths. So we would have pedestrian access from the Desert Canyon Drive only. And that would be via a pedestrian bridge and possibly a drainage culvert to get across the lot. And again, we would have signage with the rules of that location there. So it's pretty much a scaled-down version of what -- a much scaled-down version of what we had earlier. So again, that's $100,000 we're requesting for next fiscal year. TOWN OF FOUNTAIN HILLS Page 6 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 6 of 90 MAYOR DICKEY: You have something? SKILLICORN: Yeah, Madam Mayor. On this one, I thought that maybe -- I explore the idea of selling, giving, whatever to the HOA. I don't if that is germane to this evening. But maybe this is one we scratch and go. We'll talk about it later, but for this project, I think of it as next year if we don't do something like that. Is there consensus? MILLER: So I think that what I would recommend is keep it in as a placeholder, and if that's what the council wants to ultimate do, I think that's great. One of the things that we need to do is we need to make sure -- a lot of the properties that the Town has, that developers gave the Town, a lot of times they have deed restrictions and we have not gone yet -- deep dive into this. So what I would suggest is, keep it as a proposed project. If the council wishes to do that, ultimately, then it can still be done. We just want to keep this in here as a possibility. It could very well turn out that we cannot use -- we cannot sell it because it was intended for public use. Meaning, it was intended for the Town to keep it as an asset of the Town. So we're going to verify that. We should have that confirmed for you probably about the time of the adoption of the budget. So you'll know at that time. SKILLICORN: Madam Mayor, that is excellent news and an excellent idea, and it's good to know about. I still think that I don't -- if there's consensus, that I'm not a big fan of the placeholder idea. I think that if there's something we're going to do, I think 2025 might be the year instead of 2024, because it appears that there isn't community support for it. That's all. That's all. TOTH: I would agree with that only because, I don't know -- we wanted to bring up the lower scope with just the trails, and I don't know about everyone else, but personally, I heard very loud and clear that that was still not what the people in that area wanted. So I would recommend not having it in the budget. MAYOR DICKEY: Councilwoman? MCMAHON: I think that we should keep it here as a placeholder -- MAYOR DICKEY: Sorry. MCMAHON: Oh, I'm sorry. Go ahead. MAYOR DICKEY: No, it's okay. Go ahead. MCMAHON: Because I really think that there's a lot -- we're known for our trails. This TOWN OF FOUNTAIN HILLS Page 7 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 7 of 90 is kind of -- could be a connectivity to the trails up in Ad- -- MAYOR DICKEY: Up there. MCMAHON: Um-hum. Yeah. Up there. And I think that keeping it in here, just in case, to see if the park or not is going to go through. But ultimately, that property needs to be used for something. And if we can hold this here to improve our trails and have better walking paths like that for our citizens, I think that it would behoove us to not hold it here. MAYOR DICKEY: Thank you. Councilwoman? GRZYBOWSKI: I like the old plan. I love the new plan. I think it's fantastic. One of my concerns of checking in to see the if the developer gave it to us versus however it happened, is we can't sell a piece of property, if I understand this correctly, without a vote from the entire Town. It's not just a vote from the HOA. Doesn't have the Town have to vote to sell a piece of property? MILLER: No. That's just the school district. GRZYBOWSKI: That's just the school district? MILLER: Right. GRZYBOWSKI: Okay. MILLER: They're limited under state law, purposely, that way. GRZYBOWSKI: Okay. Then my caveat would be, I'm not game for just giving it away. We're in a position where we're in danger of losing revenue. So the HOA's going to have to pay something fairly reasonable, in my opinion. Otherwise, I like the natural park idea. MILLER: If I may just jump in on that too? So again, under state law we're required, before we could dispose of an asset like a building or real estate, we actually have to obtain an appraisal before we can actually put it to an RFP, or request for proposal, which is typically how you would dispose of a piece of property. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. The $100,000, is that just for the bridge and the drainage culvert? Is that primarily where TOWN OF FOUNTAIN HILLS Page 8 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 8 of 90 those funds are going to? JANOVER: Yes. Mayor and Councilmember Kalivianakis, that's correct. It's just for the pedestrian bridge, the culvert, and just any ancillary cost for the trails. Of course, that's going to be offset by the -- KALIVIANAKIS: Yeah. JANOVER: -- by those folks, but that's going to be mainly focused on signage. MILLER: And if I may? It's two different things. So it would have to be fleshing out and finalizing the design on this. And it would also be the construction of what is going to have to be done, the topography and such, will require. And obviously, we'll have the trailblazers actually put in the trails. But that is unusual to have something like this. Now, keep in mind, the funding source is coming out of the development fees. So it's not general fund. It has to be expended or it has to be returned back to developers. KALIVIANAKIS: So I guess, my thoughts were, like, if we can consult with the trail builders, get a different access/egress point, so we didn't have to build a bridge and a culvert, more just a natural walk-on? I mean, I've been in that area, but I didn't do the study to see access/egress. Would there be a way to avoid the drainage culvert and the expense? MILLER: I'm going to have Ms. Goodwin -- KALIVIANAKIS: Because the community seems to like the trails. MILLER: Right. I'll have -- KALIVIANAKIS: But the council doesn't seem to like the price. So maybe we could get the trials without the price? MILLER: Yeah. I'll have Ms. Goodwin answer you. Those are good questions. I'll have Ms. Goodwin answer your questions. Rachael? GOODWIN: Thank you. Very good questions, absolutely. And these are questions that we've been vetting sort of behind the scenes. We were able to meet with the head trailblazer, who also is part of our McDowell Mountain Preservation Commission. We had a chance to sit down and talk about the types of trails we'd like to see, the types of trails that were proposed: both those that are a little more accessible for different abilities, as well as maybe a route that's a little more challenging for some of our more TOWN OF FOUNTAIN HILLS Page 9 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 9 of 90 seasoned hikers or whatnot. This number is a, for lack of a better word, it's a maximum. It's a threshold. It's the idea of if for some reason we needed to rent equipment for them to help with the trail building. Generally, they do it all by hand; they're very good about that. But it's more to give them the opportunity, so if they don't have enough help or we need to supplement in some way. Our feeling is that we won't reach this number. 100,000 seems pretty high in my opinion; however, we've gone out there in multiple situations where we've said, oh, we've got to have a survey done or we need to have this, you know, something formal completed and then we need to contract with someone to do that, that we haven't budgeted for. This, again, is kind of a maximum threshold. The 100,000 also, in terms of the culvert and the drainage, we wanted to make sure that when we do -- if we do move forward with this project -- it's a big if. If we move forward with it, we have the ability to put the trail access point where it makes the most sense. And so if there's an opportunity to do that, where it doesn't affect drainage, by all means. However, I can't guarantee that until we get out on site and start working with the blazers, sort of on property. KALIVIANAKIS: And could you have that done by April? GOODWIN: The trails or the budgetary -- KALIVIANAKIS: Well, just the estimate of access/egress and whether we can avoid the bridge and the drainage culvert? GOODWIN: Sure. I think we could do that. I mean, to be frank, they're very excited about the idea of doing this project. So I think that they would be more than welcome to meet us out there and maybe develop a sketched version and kind of get a better price idea together. KALIVIANAKIS: That would be perfect. GRZYBOWSKI: I actually thought you meant can the trail be done by April. So I'm over here going no. GOODWIN: That would be a little -- yeah. JANOVER: The good news is we're still going to be working on it. Anything's possible. MAYOR DICKEY: Okay. Thank you. Gerry, did you have anything? FRIEDEL: No. I'm good with the conversation. TOWN OF FOUNTAIN HILLS Page 10 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 10 of 90 MAYOR DICKEY: Thank you. JANOVER: Okay. Our next project is our CIP park sidewalk replacement. So this is a four-year program that was approved by council for $100,000 per year for four years. And FY23, our current year, was Year 1 and next year, which is FY24, that's Year 2 of 4. The program is intended to replace sidewalks within our parks that are creating potential safety issues or trip hazards due to root lifting or other issues. So it's meant to reduce the risk of slip-and-falls within the town park system. We are requesting $100,000 for FY24, to continue the second year of the four-year program. MCMAHON: What section of the budget is the money going to come out of? JANOVER: It actually says it's CIP. MCMAHON: Okay. Thank you. JANOVER: Yes. Thank you. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Just to have a quick sidebar conversation. This is something that actually, me and the Mayor had had today, is specifically relating to the Fountainside Park area where we're thinking about doing improvements to the splash pad area. There is a sidewalk there that is in complete disrepair. This is might be something we have to get legal in on because, although we don't own the sidewalk, there's a controversy about who planted the trees. The trees are doing the damage. The developer, the landlord might need to be contacted because, since that is his liability, it's his property. But maybe we could send out a zoning enforcement and apprise them of the risk. It just is, if we're responsible to fix it because of our trees, then we can take this $100,000. But if we're not or if we have to talk to the gentleman that owns the property or gentlewoman that owns the property, I think that's a conversation that we need to have. MILLER: Councilmember, very good discussion. The Mayor and I talked about this earlier, and the staff and I have been talking about this for probably about 18 months to two years. What we would like to do -- I think this is completely separate from what is before the council tonight. However, it's still a very high priority to deal with, the buckling sidewalks over there at Plaza Fountainside. And so I think the thing to do is for TOWN OF FOUNTAIN HILLS Page 11 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 11 of 90 us to have a conversation with the owner of that Plaza Fountainside to see if there's a way that they'd be willing to get those up to our standard and dedicate them to the Town and then we'll take over the maintenance from there, that point forward. I think that's the kind of discussion we need to have. This money here is not necessarily intended, I think, like you typically do when you have developers that want to either dedicate streets to the city or town; or if they want to dedicate, in this case, the sidewalks, you go ahead and you require them to put them up to our standard and then we'll accept them. And then we agree, in an agreement, that we take over the maintenance thereafter. So I think it's good to bring it up right now, but it's really, we would be handling that in a different way. KALIVIANAKIS: Okay. Thank you. MILLER: Sure. KALIVIANAKIS: And I would be for safe sidewalks. And so I just wanted to address that because that's a very unsafe sidewalk. WELDY: Madam Mayor and Councilmember, if I may? The town staff currently has an open dialogue with the largest property owner in Plaza Fountainside. There are a total of three. The largest property owner is the one most affected. Just, as a little bit of history. When Plaza Fountainside was built, they installed the sidewalk, the lighting, and the trees; and all of them are their responsibility for the maintenance, and that is spelled out in the development agreement. With guidance from the town manager, town staff has been working with our registered land surveyor and we now have all of the necessary information to begin an actual dialogue with the property owners. One of them is already on board and the other two we're going to have to work with depending on the limit and the amount of sidewalk that is affected on their piece of property. The intent in regards to what the town manager was saying is to bring the sidewalk up to standards and then grant the Town a sidewalk easement and the maintenance of that walking area would then be on the Town's responsibility and, of course, adjacent to Fountain Park. KALIVIANAKIS: Thank you very much. And I'd just like to add that, if these conversations aren't fruitful with the two additional owners, then again, I think we need to get either compliance or we need to get our town attorney to address these issues with TOWN OF FOUNTAIN HILLS Page 12 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 12 of 90 the owners that are not cooperating. JANOVER: Moving along. This is our Centennial Pavilion and pavilion improvements project. So the Centennial Circle, as you know, here on our town campus is a very large but, essentially, underutilized space. This project is designed to make the new pavilion area become a programable space that can be utilized by multiple departments for outdoor events as well as become a revenue generator for the Town. So this project would be moving some of the existing art pieces within that area, adding lighting, adding a large shade structure to make it more welcoming during the kind of brutal December months. And existing monument signs that recognize the Arizona Centennial, the five Cs, as well as art dedications will be renovated as well as part of this project. So staff is requesting $200,000 for the shade structure and $50,000 for pavilion improvements, for a total of 250,000. So these photos here show some of the existing problematic conditions that exist that will be addressed with the project. Some trip hazards, areas by the trees, this would all be removed and addressed properly. And staff really developed -- this is really cool -- a very unique program to raise funds from donors to offset the cost of the Centennial improvements. An eight-foot-by-eight- foot art display of a 100-piece puzzle of the State of Arizona could be created enscripting the names of 99 private donors of $1,000 each with the 100th piece in the center -- you can see that it has the fountain on it -- and would represent the Town's contribution. So this can raise, theoretically, $99,000 towards the project minus the $8,000 cost to create this piece of art. So that would net a $91,000 offset to the cost of the Centennial Pavilion and improvements project. So really, really unique way of raising some funds for this project. SKILLICORN: Thank you, Madam Mayor. So I've seen the trees. To me, they look just like the trees in my yard. And I still see shade structure here which I think has been contentious in this council, and from what I've heard, it seems like there's some pushback to it. Five Cs and the puzzle, great ideas. You know, those five Cs have been deteriorating for too long. The puzzle's a great idea. I love it. I think we should pare it down and then do other upgrades next year, not the upcoming TOWN OF FOUNTAIN HILLS Page 13 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 13 of 90 year. That's my standpoint. I'm not sure what consensus is, though. MAYOR DICKEY: Thank you. Councilwoman? Vice Mayor? MCMAHON: Thank you. Well, I don't think piecemealing this is a good idea, because those pieces have to be moved anyway, correct? So this is not something that -- it's going to be done and we're just going to utilize all of it at one time to improve the use of the Centennial Circle, because I think that some of them are really, like, falling apart, for a lack of a better word. And you're removing them anyway, correct? GOODWIN: Correct. To your comment, the five Cs, the monument pieces -- sort of that picture there in the lower right -- are really severely faded. Most of them are illegible. You can't even tell kind of what you're looking at. So we definitely want to do honor to what the Centennial Circle was intended for. In addition to that, if we're going to do anything else with this space, the trees really, probably, should be part of this in that most of the trees in the photo that you see here are rotting from the inside out; they're hollow. We lost three in last year's monsoon. These are kind of waiting to happen. To the councilmember's point, we all have a lot of -- we all have palo verdes in our yard, and our trees and things like that. Unfortunately, most of these have been trimmed so heavily that they are sunburned and susceptible -- they will cause damage. If we aren't proactive about it, the likelihood is that they -- if, and when, they fall -- it's more of an if, not a if -- or it is a when, not an if. There's lighting in the area, there's cameras in the area. The potential for damage increases if we don't proactively address them. Shade structure aside, the trees and the trip hazards and the impact of that are quite high. MCMAHON: So with the removal of all those things it's just going to be a blank space, then it won't be utilized that much. So to complete the package and have the canopy, et cetera, it can be utilized more by the community. You know, spring bands can sit out there, et cetera. Plus, with the Discovery Center, et cetera. So it's an improvement that's going to be utilized by our community quite a lot, I believe. GOODWIN: We also had a chance to onsite with the Center of the Dark Sky board members. We had a chance to review the proposal, to chime in. They had seen it when it TOWN OF FOUNTAIN HILLS Page 14 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 14 of 90 was first proposed last year. They are still in support of the concept. In fact, some of the conversation we had was that, in terms of timing, there was a conversation of, well, do we wait until potentially the Dark Sky Discovery Center is in place before we make an investment like this. And in that conversation it kind of became about the timeline for this actually works better so that they can help support what they're doing. Just like they're doing renovations of the garden right now to help prepare the space, this would also be seen as a preparation. And the Mayor's in full support of the project in any capacity, including the shade structure. MCMAHON: Thank you. I think it's a really good project. MAYOR DICKEY: Councilwoman. TOTH: I would have to agree with Councilmember Skillicorn in the maintenance aspect and addressing the hazards, I think that's really important. I said this before to Rachael. Obviously, I'm an event planner. I love the idea of more event space in town. Just looking at our whole list of capital improvement projects with -- and I understand there's other ways to get money for them as well. But looking at this list, when we're expecting six million for sure and we have a list that would total to 9,173,652, we need to save money where we can. So I think in this particular fiscal year, let's do the maintenance and the upgrades and address those hazards, because I agree with you on that, but maybe not the shade structure for now. MAYOR DICKEY: Thank you. Hold on for -- I just want to ask -- JANOVER: Sure. MAYOR DICKEY: -- a clarifying question. So are all the projects adding up to 6.8 million? Not the out year ones. JANOVER: Are we talking about the -- MAYOR DICKEY: Everything. Everything that's in front of us right now, except for the out year stuff. JANOVER: Everything that's in front of you right now -- MAYOR DICKEY: I thought it was 4.8 plus 2. JANOVER: So for -- I'm going to skip ahead for a moment. So it's 2 million for community services and 4.8 million -- MAYOR DICKEY: Okay. TOWN OF FOUNTAIN HILLS Page 15 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 15 of 90 JANOVER: -- almost 4.93. MAYOR DICKEY: Okay. So it's about almost seven million total. TOTH: So my list just included some for next year too? Okay. MAYOR DICKEY: Well, I think it's the outer year ones. TOTH: Got it. MAYOR DICKEY: Yeah. MILLER: Five years if you're counting the additional years. MAYOR DICKEY: It wasn't on there. TOTH: Okay. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Again, I have just a clarifying question. Maybe I missed it. But the Five Cs monuments, are they being restored? Because I think they're really neat and I'd like to keep them. GOODWIN: I think the conversation that we've been having is about consolidating them. So -- KALIVIANAKIS: Yeah. GOODWIN: -- so it's opposed to having them spread throughout the circle. Which I fully understand the intent behind it was to help draw folks around the circle. KALIVIANAKIS: Yeah. GOODWIN: Ideally, I think, we'd like to consolidate them so that we can maintain better and they won't be quite as exposed to some of the elements. So the integrity of the Five Cs would still be kept. I don't think we would do individual monuments unless there was a strong feeling to keep those. KALIVIANAKIS: Just so I can clarify my question. GOODWIN: Yeah. KALIVIANAKIS: It wasn't about the placement. It was, right now, they just look faded and in disrepair. Are we going to restore and refurbish them so they look nice again, like new? Or are just going to replace these shoddy-looking monuments elsewhere? GOODWIN: I think what we'd like to do, ideally, is redo them altogether and put them -- consolidate it so that it's not one C around. KALIVIANAKIS: Yeah. TOWN OF FOUNTAIN HILLS Page 16 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 16 of 90 GOODWIN: We would do all five together in one -- MILLER: One structure. GOODWIN: -- one structure, one monument. KALIVIANAKIS: Yeah. GOODWIN: So that they are all restored to their glory, so to speak. KALIVIANAKIS: Yeah. GOODWIN: It won't look like it looks today. MILLER: We're planning on having a new placards that are up there so that they'll withstand the elements versus the fading that you've seen. KALIVIANAKIS: Yeah. MILLER: A lot of these, if they're done right and you've got the right metal and the foundry does it, they'll hold up much longer than what you see -- KALIVIANAKIS: Okay. MILLER: -- out there today. KALIVIANAKIS: Yeah. Because I would be for refurbishing them, restoring them to their previous glory. And I think they are neat. And also, just as far as the Centennial Circle, when you go out and you look at it and you walk in it, it just looks in disrepair and it just doesn't represent Fountain Hills. So I'd be for this improvement because I think it's so close to our town hall, it's so close to our resources here, and that should look great. And so I would be for this. MAYOR DICKEY: Thank you. Councilwoman? GRZYBOWSKI: I wholeheartedly support the project. And yes, the trees need to come down. We all have those things in our backyard, but unfortunately, this is the front yard of the town. So it's really more of a liability issue than it would be in my backyard. I appreciate the other comments that support it. I think it's a brilliant concept to help tie our main campus together, and I think it's a great attraction for those that want to come out and invest in the Darky Sky's facility, because people don't have vision beyond what they see. So having this stuff moved and the shade structure in, I feel like it's going to be a much better sale for any investors out there. Thank you. MAYOR DICKEY: Grady? TOWN OF FOUNTAIN HILLS Page 17 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 17 of 90 MILLER: I just have one point. I believe we have applied for one or two grants for the shade structure. There was one grant cycle coming up that we were not able to get in on before because of the timing. And I believe that's the tourism and sports authority. There might be a -- the Heritage Fund might be another one as well. I would like to see, if you don't mind, that we can keep it in there. We're not going to spend the money, we have to come back to the council for award of contracts. But if you don't mind, I'd like for us to be able to show the creativity of generating $91,000 that could be a match for grant that we could fund the shade structure. And then if we don't, we don't and we don't do it. So I mean, it's just a -- I just think that this would help really finish off the area. To council, I understand that you don't want to spend the money; I get it. But there might be an opportunity for us with the individual fundraising effort of the $91,000 that we net, plus a grant, we might be able to make this whole thing happen. So I just want you to just kind of be open-minded about that. KALIVIANAKIS: Yeah, I turned my light on just when you did and what you said is exactly what I wanted to let people know. Because in speaking with you, Rachael, the grant funding is still possibly available and that would alleviate some of the cost for this. And so again, just for the people out there and the audience know, we're still going for grant funding and we've still got this creative way to raise funds for this project. And I think there's been a lot of thought put into this and it's a go from me. MAYOR DICKEY: Thank you. Appreciate it. GOODWIN: Thank you. JANOVER: Okay. Our next project here is the Golden Eagle Park field lights. So as part of the FY23 budget last year, the ball field light-upgrade project for this park was approved and was to be paid over a two-year period, with $700,000 allotted for each year. So FY24 is Year 2. So this is, again, going to fund the installation of the LED lights at the four ball fields. And the transition to the LED lighting is recommended to be consistent with the other park amenities, as well as to increase the longevity of the fixtures. It will reduce the glare and light spill and improve the impact on nearby residents. And it's also going to reduce the operational costs for power use as they are much more efficient than the metal halo lights that are there now. TOWN OF FOUNTAIN HILLS Page 18 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 18 of 90 The resulting cost savings from the LED fixtures are going to offset the investment within the warrantee window and the new lighting is going to be warrantied for parts and labor for 25 years through Musco. So we do highly recommend approving the second year of the $700,000 funding for the light upgrade. And by signing the contract last year, that actually allowed the parts to be manufactured for the complete installation this July of '23. MAYOR DICKEY: Councilman? SKILLICORN: Madam Mayor, one question. I thought the total for this was $1 million, not two $700,000 payments? JANOVER: It was 1.4 million. So it was split over two years: 700,000 in '23 and 700,000 in '24. KALIVIANAKIS: I think it was originally two million, wasn't it, that was knocked down to 1.4? MAYOR DICKEY: Yeah. KALIVIANAKIS: Yeah. MILLER: It was because it included another park. Was it Desert Vista or Four Peaks? SNIPES: Four Peaks. MILLER: Four Peaks. JANOVER: Okay. Thanks. It takes a village, anyway. This is Desert Vista Park. So this is the second year of a $400,000 multi-year improvement plan for Desert Vista Park. So staff began this multi-year improvement to the park this year by installing a Ramada near the playground and adding a sidewalk connector from the mini pitch to the skate park. So this year, staff will be lighting the new section of the walking loop on the east side and also adding a cross training fitness area to the eastern portion of the park. So this is going to be the Town's first outdoor fitness park and it's going to provide residents with the ability to cross-train in the park, for free, while enjoying the beauty of the surrounding area. The project is being supported by the American Legion as well as the Rotary Club, with the donation of a shade structure and equipment for the fitness area. This is also going to activate an area of the park that has been underutilized for years. TOWN OF FOUNTAIN HILLS Page 19 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 19 of 90 And this project aligns with our strategic initiative of improving public health, well- being, and safety of our community. So here, you can see some of the views of the proposed fitness area. And here are some renderings of the fitness area from several other angles. So very, very excited about this. So we are requesting the second half of the $400,000 funding for this two-year project. So we are requesting the second instalment of $200,000 for FY24. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Yeah. This may be a park or manager question, but could we use development fees to pay for these improvement? Would that be permissible? MILLER: Really, you won't be able to do that because you have to actually have to pay for growth. That's what the concept is under state law, with development fees. So as an example, when we were -- it was a stretch, but we were able to get a legal opinion that we could have done it with the splash pad, which we did. We were able to use the development fees for the expansion of the splash pad because we had population growth from the original splash pad had been put in. These are additional amenities being added in. They're not really capitalized as individual costs, so it doesn't fit the definition. Plus the park has been existing. So it's something we really can't do. And we are scrutinized. We have to do a report every so often, and we have an audit as part of that report. And they will look and see if we've used the funds correctly. And if we haven't, you know, we can get into trouble as an organization here. So it's a good question, but it's something we really can't do for this particular one. JANOVER: I'm assuming you're referring to the IIP, the infrastructure improvement plan, which is what any project that is going to be considered for development fees has to be part of that plan and this was not identified there. KALIVIANAKIS: So if we didn't spend this $200,000, could that be applied to the roads? I mean, would that be the same fund where the roads' funds would come from? MILLER: So the capital fund is a different fund that has different sources of funding coming into it. So there had been some questions right after the retreat that Councilmember Friedel had brought up and he had a concept that I suggested that, when the council gets into the actual council operating budget workshop in April, that would be some really good discussion on streets and where funding for streets might come from. TOWN OF FOUNTAIN HILLS Page 20 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 20 of 90 Because there are some council policies that pretty much spell out what each of the funds are supposed to be used and how they're funded. So those are all things that the council has an opportunity too. But for tonight, our purposes here is just the capital fund. But I'm not saying you couldn't reallocate and figure out how that could be done, but that could be done as part of that discussion in April; does that make sense? KALIVIANAKIS: It does. But I guess that would, since we're trying to get consensus here; if these funds could be redirected to the roads, I would be in favor of that. If they can't, if they're from a different fund, then I would be more amenable to the better health of -- MILLER: So what I'm saying is I believe you can do that, but those are policy questions that you want to address, really, in April. Tonight, what we really want to find out from the council is either yea or nay on these projects going forward or not. And then I think, going in April, we start getting into more the policy as part of the development of the budget for the next year. So when I say budget, that's operating budget and then financial policies. And that's typically that that would be the appropriate time to handle that. So you're formulating right now a thought or an idea but that's when it would be further refined during those discussions if that makes sense. KALIVIANAKIS: It does make sense, but just like in your regular life, whether you spend the money or not is whether you've got the money, and you know, if this money could be reallocated towards the roads, I think that should -- again, that would sway me to whether I'd -- MILLER: Sure. KALIVIANAKIS: -- be for this or not, and I think that's a relevant question. MILLER: Yeah. KALIVIANAKIS: Because I don't want to say, yeah, let's vote on this yea tonight and then come April say, oh sorry, that can't happen. Well, then, I'm a yes vote. MILLER: So all I'm really telling you is that some of the things that we're talking about right now would take some change in financial policies that are previously adopted. In talking to the chief financial officer about this previously, we got to make sure, for instance, the funding that is the capital fund that might be paying for some of these projects. Now, this one is not a development fee project. So you wouldn't be touching TOWN OF FOUNTAIN HILLS Page 21 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 21 of 90 development fees, if you know as an example. You'll see that there is some drainage projects that are being partially offset by grants. So you really -- you have to have the money in there to pay for the matching part, and you couldn't touch the grant funding for anything but what it was intended for. So the simple answer to your question is, yes. You, the council, could make a decision to, I guess, use some of the capital funding that's there and have it go into the streets. Okay? But for tonight, if you're not approving some of these projects or the consensus is not to go forward with these projects, then that's freeing up money that ultimately you can make a decision at a later date that goes into streets or whatever you want it to go into. Does that make sense? KALIVIANAKIS: It makes perfect sense. And improving parks is a great idea. But if we did it two or three years or four years, then we'll still get the improvements. It's just when are they going to be done. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: It's Rachael may be coming up to say exactly what I'm getting ready to say. So I'm going to steal some thunder here. I'm under the impression that the American Legion is donating the shade structure, and if we don't take advantage of it now, it's going to go away. It will not be available later because we won't have a place to store it. I don't know about the Rotary donation. I don't think that would be affected if it we turned it away now. But one of the other things I wanted to point out was security, that having something like this that people would use on the opposite end of the park would have people at this park almost all day long between the skateboard and the dog park and then on this side of the park, the fitness area, which is really kind of security help. Where there was an incident there. Was that this weekend, the weekend before? I have no track of time. That we may have been able to prevent that kind of thing because we're inviting a whole different group of people into the park, at a different time of day than it would normally be used. GOODWIN: Councilmember Grzybowski and Kalivianakis, you both make great points and you both hit on two different things I wanted to sort of point out. Yes, we do have a sort of an agreement with the American Legion for their donated shade TOWN OF FOUNTAIN HILLS Page 22 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 22 of 90 structure. That is what this is earmarked for, to create shade over the fitness space. And we agree, if there is an option for us to look into some alternate funding, perhaps leaving it in to allow us to do a little more work on that might be the best way forward if you're comfortable with that. We, as staff -- FRIEDEL: Mayor? MAYOR DICKEY: Hold on, Gerry. One sec. FRIEDEL: Okay. Thank you. MAYOR DICKEY: Thank you. GOODWIN: If you noted, this is a two-part project. This is Year 2. So Year 1 has already sort of set us up for this. To stop mid-year or stop mid-project sort of puts us in an awkward holding pattern, if you will; i.e., I know Kevin and his staff have done some prep work, they've done some legwork to try to finish out this year's funding and roll into, what I'll call, next year's funding, seamlessly. So that does sort of leave this in a bit of a holding pattern. With that said, we'd be happy to look into alternate funding options if this project is supported. MAYOR DICKEY: Councilman? FRIEDEL: Yes, Mayor. I'd been involved with that project with the Legion, and you know, we could -- it's not a "use or lose it" type of a situation. So we could always just put it up and then get our equipment whenever we have the resources to do that as well. Is that right, Rachael? GOODWIN: We could certainly work to do that. Again, ideally, we would do it in one installation so that we're not mobilizing twice and doing the -- you can kind of see in the pictures here that tan area is put in place so that it has that fall safety. So there's some other components that work, usually, in conjunction. No, I don't think it's a complete "use it or lose it." I think, however, ideally, we would do it as one complete project process. MAYOR DICKEY: I just want to -- to Brenda's point and Gerry's suggestions that will probably be talked about. I think that some of these CIP projects, right now, we're kind of looking at the projects aspect of it instead of trying to juggle the amount. Because I TOWN OF FOUNTAIN HILLS Page 23 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 23 of 90 think when we do go forward, we will have the opportunity to dedicate more funding to streets. I don't know for sure that we're going to have to make a full-scale policy change of, you know, every bit of the -- I want to say overflow, but the money that we have left at the end of the year, we've traditionally been putting that all in the CIP. I think we have an opportunity to say, yes, we like a project. But it won't -- and there'll be some that we probably don't want to go ahead with. But it doesn't stop us from doing exactly what you're saying, which would be dedicating other capital improvement money to streets when we -- you know, from the overflow or even from what a balance might be. So I don't think you have to look at it necessarily as an either/or. But I think the theme of what you're saying is something that we all share. Which is what can we do in that way. But if you think this is a good project and since it has other aspects to it, that may be like, okay, let's keep it in there and knowing, by doing that, you're not saying I am not going to put capital funds towards streets. Because I think we're pretty open to that. At least I am. So -- KALIVIANAKIS: Good. Yes. MAYOR DICKEY: -- that's the way I feel about it. Because I like this. I like the fact that there's a lot of cooperation with others. It's part two of something we started last year. And I know I -- you know, I like the shade structure, everything. You know, I like all of these improvements. I don't necessarily see them as restricting our ability to do what you're talking about. KALIVIANAKIS: Thank you. MAYOR DICKEY: Thanks. JANOVER: Okay. So we have several improvements that staff is requesting for our namesake park. The first is erosion control on the panoramic drive hillside. And so this is a very steep hill. It hasn't had irrigation since the sidewalk was installed. There are medium to large rocks that have been placed on the hill, kind of in an intermediate fashion, to prevent mud from covering the sidewalk when it rains. But it's not really a permanent solution. So we do recommend $100,000 or we're requesting $100,000 for regrading and fortifying the slope and to possibly redesign the alignment of the walkway. MILLER: And David, I just want to make sure. I think when you presented this at the retreat, you were talking about a retaining wall, which would help with some of the TOWN OF FOUNTAIN HILLS Page 24 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 24 of 90 erosion control. That's why the cost is really like $100,000. JANOVER: Now, Grady -- MILLER: At the very bottom of where the rock is and where it comes together with the sidewalk, I thought. GOODWIN: Right. That's actually a different -- so yes and no. Originally when the park was -- this portion of the park was designed, it was supposed to have a retaining wall. As you can see, that didn't happen. So as opposed to putting a retaining wall in here that is very costly, we would like two potential options. One is rerouting the sidewalk, which is the picture on the far right and working on some grading to minimize the runoff and the erosion. Or hopefully, the ideal solution would actually involve the sanitary district where we can actually cut down one of their access -- I call it a manhole, but I don't think that's what it is. They have something in the park, just out of the picture here. If they approve us to actually lower that, we can lower the -- again, lower the pitch there, reduce the runoff, and actually keep the sidewalk right where it is. You'll note that it says maximum of 100,000 because we don't know which route we can go yet. The most it will be is that 100. We are hopeful that we can work with the sanitary district to do a much lower cost solution. MAYOR DICKEY: Would you say this is a stormwater-related issue? GOODWIN: Every time it rains, everything runs down the hill there. It's an erosion. You get rocks and mud and debris across the sidewalk out into the street. At worst, it's a slip hazard and it's kind of a pain in the butt to clean up each time. At most, though, again, it puts us open to liability. It's not the way it should be. We did half measures to kind of get through. As we've been doing slow upgrades to the park over there, we've had a couple of trees removed that weren't in great shape. We've upgraded our disc golf. The more use we have out there, the more we need to make sure that our space is safe and usable for everybody. So this is one of those projects that meets that need. MAYOR DICKEY: Okay. So I know that, Grady, we've been working with Maricopa County flood district and we just have just so many related issues. Is this one of the -- what is the status of that whole assessment that we're getting done? And does something TOWN OF FOUNTAIN HILLS Page 25 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 25 of 90 as small as this become part of that? MILLER: I would say no to this. This is really not rising to that level. We're actually having them look at our washes and dams and drain systems throughout the town, below the streets and everything where water is conveyed. So this really would not rise to that level. And Justin, at some point, is going to be providing you guys an update. I don't think he'll do it tonight, because that's a pretty loaded question, but we're going to be -- he had a really good meeting with the flood control district, both he and the town engineer; and they seem to be really on board with what we're trying to do with our drainage master plan. And so I think we're going to be ready to give you a presentation probably maybe next month on that and the status. MAYOR DICKEY: Thank you. And as Sharron often brings up, that we were able to -- for a couple of years we had a storm water fee and so -- and we were still waiting and we still haven't heard from the AG's office about that. And so that's something else that's in the mix here. It brought in $500,000 or so a year. I'm just saying that it's still an open question and has been for a couple of years. But it's something that I think we would be able to use for projects like that that maybe weren't on such a big scale like that. JANOVER: Okay. And that brings us to the Fountain Park splash pad picnic area. So as you know, we have this turf area which is the dirt patch between the splash pad and the businesses at Plaza Fountainside. And that has really been an eyesore for probably the last 20 years, ever since the lake was drained and that sludge from the lake was stored there. Because of the amount of sodium that leached into the soil over there from the sludge, that made the area unable to sustain any kind of turf growth. So with the addition of the newly renovated splash pad and the playground areas, Fountain Park is really in need of far greater picnic areas. So staff is recommending or requesting $550,000 to design and construct a shaded picnic area with 20 picnic tables and two ramadas near the splash pad with six picnic tables. So that will increase the available picnic tables by 26. And that will be available for use by the area businesses as well as available for reservation. So you can see here a shaded picnic canopy structure on the righthand side here, similar to the one that's proposed shown over here. And the canopy is going to be very carefully TOWN OF FOUNTAIN HILLS Page 26 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 26 of 90 and strategically sited, so as not to obstruct the view of the fountain from the Plaza Fountainside businesses. The depiction on the left, that photo on the left, shows the lines of sight that will still be maintained, keeping the fountain in view for the patrons that are there at the businesses. So the photo here on the left shows a two-panel ramada, but we're actually proposing a three-panel ramada on the north side of the splash pad. And if you take a look here, I'll just point that out. It's right -- that's the three-panel ramada on the north side. And then we also have on the west side, we have another ramada, which is shown on -- a similar one that's shown here on the right side of this photo. So this would be a cantilevered design and that would open up to an unobstructed view of the fountain with no columns to block the view. So a lot of thought has been put into the design and the siting of these ramadas here at Fountain Park. That's actually the last of the community service projects. So -- MAYOR DICKEY: I do have a question about this one. Just picking a phrase that I want to. Fountain Hills is in need of far greater picnic areas. Is that development fee worthy? MILLER: I would say no, because it's not growth related. So what I mean by that is, if you look at what we're collecting, we have a infrastructure improvement plan that went through a lot of scrutiny by -- was it Willdan that did our plan? JANOVER: It was Tischler. MILLER: It was Tischler. And so they're the experts on development fees, and you know, we had to make modifications and the ultimate plan that got approved by council is what we're basing our development fees on. I don't believe that this -- as much as I would like to say yes, I just don't believe that this would be one that would be subject to us being able to do that. I know we were able to do it for the splash pad, but the splash pad was actually in that infrastructure improvement plan that was approved and we were able to justify it from when the splash pad was originally built. So that's, you know, the age and the number of people had moved into the town since that time. So it's unfortunate. MAYOR DICKEY: Yeah. Because the idea of growth is not like generally -- know you, think about population growth, but this is growth of use of this area based on -- I don't TOWN OF FOUNTAIN HILLS Page 27 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 27 of 90 know, you can't say visitors but there's certainly a lot of residents that use it. MILLER: I don't disagree with you. But when it comes down to development fees, it's all very well specified under state law as to what we can and cannot do. And we're charging developers these fees that are being passed onto to the cost of homes and so that's -- and you have an infrastructure improvement plan, which is basically all the different capital projects that those fees tie right back to. So all I'm trying to say is yes, I agree with you that there's -- the park is very popular and there's a lot of demand for facilities in the park. But it's not necessarily tied to the population growth of the town. MAYOR DICKEY: Thank you. Councilwoman? TOTH: Just real quick. Rachael did Four Peaks Rotary offer to be a part of this project as well, or was it -- okay. There's more to the story, I can see. GOODWIN: This project has gone through multiple iterations before what you see today. I'm talking years, four years, five years. And there's been lots of different versions. And at one time, yes, two of our Rotaries as well as Encore were willing to come together. We're talking about coming together on this project. Each contributing sort of equal parts of the funding. It was not what you see here today. It was actually proposed, at one point, as a set of bocce courts. So it was, again, different in scope and capacity. Through multiple conversations and for different reasons that funding didn't come together. And frankly, when staff me with them our recommendation was not to do bocce there. I think bocce's a great game; I think it's really fun. It's a very all-age game; however, that location wasn't probably the best location for it. Knowing that the splash pad is a high-use amenity, all we could kind of picture was little kids going up there to dig in the sand and the shells and all of the spaces and just being not compatible with the space there. But that being said, that group and their funding did not come through for that project for several different reasons. KALIVIANAKIS: Thank you, Ms. Mayor. This kind of ties back to what I was talking about before that darn sidewalk. We're TOWN OF FOUNTAIN HILLS Page 28 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 28 of 90 bringing a lot more traffic if we build this with that unsafe sidewalk; I just want to throw that in. The development fees, Grady already addressed that and that was going to be my ask too. That would be perfect if we could do that. The other thing is just like your other Centennial Square, what about naming rights for these tables? If we, like he said $2,500 a table, we could raise $65,000, defer some of the costs, and I think there's a lot of people in the community that would like to dedicate that to a loved one lost or a pet or something like that. It would be very visible. There'd be a lot of people. And maybe we can explore something like that. GOODWIN: Absolutely. And I mean, I think that there's other opportunities there whether it's potential naming rights for some of the ramadas, if a civic group or something like that. For instance, the ramada that's there now is the Kiwani's ramada. So there is availability for that type of partnership if that should come available too. So there's definitely room to explore there. KALIVIANAKIS: Perfect MAYOR DICKEY: Council? GRZYBOWSKI: You know how I feel about naming rights. I think it's a brilliant use of funds. I know people would love to do something like that. My problem is they need to have expectations on the frontend that, when this thing needs to be replaced, either they make it the agreement that they replace it for us and they can continue the name on the table or the name on the ramada, or it gets torn down and it's now ours because we've replaced it. So I feel like we need to go into these from now on, setting expectations that this is not forever and ever and ever, this is however long this sucker lasts. Thank you. I'm sure Aaron can come up with better verbiage. GOODWIN: All right. Okay. MAYOR DICKEY: All right. Thank you. JANOVER: Okay. Thank you. So that brings us to our summary of the community services CIP projects. So the projects that we just went through total $2 million for FY24. And in the outer years we're looking at the Years 3 and 4 of the sidewalk replacement of $100,000 in '25 and FY26. Thank you. TOWN OF FOUNTAIN HILLS Page 29 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 29 of 90 That moves us right into the public works projects. So strap in, this is going to be fun. Okay. So the first thing I want to discuss is carry-over projects. So these are projects that have already been underway. There's already been money expended and we are looking for budget authorization to complete these projects in FY24. So they weren't budgeted for '24; they were budgeted for '23 or earlier years. But because we have carry- overs into '24, we need to ask for authorization to spend that money. So the first one is our Shea Boulevard widening project. And this is a partially grant- funded project that will design and construct an expansion of Shea Boulevard. The segment is going to complete the westbound portion of Shea between Palisades Boulevard and Fountain Hills Boulevard. The Town had entered into an IGA committing to our share of the project. So this is something that we must complete. The total project cost is 2.6 million, for which the federal share was 1.8 million and the Town's share is $780,000. Construction is commencing this fiscal year, in '23, and it's anticipated to carry over into next fiscal year, '24. So funds -- also our town's share of the remaining construction in FY24 is anticipated to be 169,500. So that's actually what we're asking for for next fiscal year. So this is one of those things where we really don't have much of a choice. The next project is our sidewalk gap infill on Palisades and Saguaro Boulevards. So several years ago the Town had applied for and received grant funds for the sidewalk gap infill project on Saguaro between Fountain Hills Boulevard and Colony Drive and Palisades Boulevard between Fountain Hills Boulevard and Saguaro Boulevard, so those are the areas in red that you see here. So these are the sidewalk gap areas. Design is currently at 60 percent completion, and after July of 2023, construction is going to begin. In 2022, the Town had applied for and received additional MAG closeout funds to be used towards construction. So the total project cost is 3,867,934, of which the federal share is 3,645,752. And our share is just 222,182. So after deducting the design cost that we expended this year in '23, the remaining town share for construction in FY24 is $200,117. So that's quite a lot that we're getting for that funding. Yeah. That's an amazing project. TOWN OF FOUNTAIN HILLS Page 30 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 30 of 90 Golden Eagle impoundment area improvements. So design is complete. It has just been completed for this drainage improvement project that is going to go, pretty much, throughout all the Golden Eagle park. So this Golden Eagle impoundment area, receive stormwater runoff from three different washes: from Ashbrook Wash, Bristol Wash, and Cloudburst Wash. And over time, the stormwater runoff volumes have increased due to increased development upstream. So because of this additional flow through the park, this requires major modifications to the drainage channels that run throughout the park. And this had really created quite an issue. I believe it was in 2017 or 2018, you could see the lower righthand corner that photo shows the ball fields that were inundated with storm drainage runoff. It was quite a mess. It was before my time but still major in everybody's mind. So work is going to include channel improvements, construction of floodwalls, drop basins, grouted riprap, as well as irrigation and electrical utility relocation. So construction is starting following the use in the park and we're coordinating that with community services. And the anticipated remaining construction carryover into FY24 will be $500,000. Our next project is Grade and Rosita drainage channel. So last year, you might recall, that staff was granted authorization from this council to apply for grant funding from the flood control district for two drainage projects. The Town applied successfully and we did receive -- we were approved grants for both projects. The first project is this one and it's for an unlined ditch between Grade Boulevard and Rosita Drive, and what we would be doing is constructing a redesigned concrete-lined U-shaped drainage channel in its place. So these improvements will address past and future flooding concerns by more efficiently conveying drainage runoff from Grande to Rosita. The channel's curb openings are also going to be resized and regraded as part of the project. So the total cost for design and construction is 227,500. And the flood control district of Maricopa County, through their SPAC program or their small project assistance program, will provide a 75 percent share of the total cost of the project for design and construction. And the Town will just have to come up with its 25 percent share. So the flood control district share is 217,000 and the Town's share is 72,500. TOWN OF FOUNTAIN HILLS Page 31 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 31 of 90 So design is near completion at this point and construction is commencing before the end of this fiscal year and it might carry over into FY24. So we are anticipating some construction in '24 for this project. So our Town's share of that remaining construction will be 15,625. MAYOR DICKEY: Yes, Councilman. SKILLICORN: Madam Mayor, I like the idea of doing this. My only question is that, come monsoon season, if it's not finished -- I'm not so worried about the construction. I'm worried about the residents. What's going to happen there? JANOVER: Madam Mayor and Councilmember, so pretty much everything that's been happening up to this point would continue to happen. So we'd still have the same services, same response to services. But so we have our street superintendent and street crew on call when we do have storm season. We are going to do our best to complete all of this before that season starts. So this is just in case we do go into '24 with it. SKILLICORN: Do you think it's likely it will be finished? JANOVER: I am anticipating that we will be done. We might have a little bit left, possibly on closeout, but we are going to do our best to get it completed before the end of the fiscal year. But just in case, that's why we're here. SKILLICORN: Before the monsoon season? JANOVER: Before the monsoon -- true. Yes. MAYOR DICKEY: Thank you. KALIVIANAKIS: Thank you, Ms. Mayor. Just for the benefit for the people that are watching this online or on Cox Channel 11, they might look at these numbers -- 500,000 100,000, 12,000 -- and are like a little shocked by the numeric values. And just to assuage their fears -- this infrastructure is very old, very outdated, and if it doesn't get done, the costs to the Town are going to be much greater than to mitigate it. And so just so the people know, this has all been carefully thought over and I think the council is in favor of this 100 percent. JANOVER: Thank you. Okay. The next project is a similar project. This is Deuce Court. So this is the second drainage project that we were awarded the grant from the flood control district for. So TOWN OF FOUNTAIN HILLS Page 32 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 32 of 90 many years ago -- just a very small background. Many years ago, when this subdivision was built and constructed, the stormwater infrastructure was not built per the approved plan. And we don't know exactly why or how that happened, but it was pre- incorporation, so we didn't have any oversight of it. So it resulted in a catch basin that had inadequate depth and undersized storm drain. So we're going to address all that with this project. Total cost for design and construction was 95,000, and you could see the flood control district, 75 percent share and our share. So the remaining construction that we're anticipating is just a small amount, in '24, of $5,000. So again, it's a small amount but we just want to make sure we cover our bases. This project is the completion of the design for a traffic signal at Palisades Boulevard and Eagle Ridge Drive and Palomino Boulevard. So design is currently at 90 percent completion for this traffic signal. And the traffic signal is warranted, no doubt about it, based on the expansion of the Adero at Scottsdale Resort as well as the Adero Canyon residential development. So it is warranted at this time. So it's not a matter of if; it's a matter of when. So during design there were an unanticipated complication with emergency vehicle preemption due to line-of-sight issues approaching the intersection. So with that we are requesting authorization to spend $34,910 in FY24 to complete the design. And once the design is completed, then we will apply for grant funding for future construction. So we do not have a construction year set at this point, but that will give us time and that will complete the plans that we can apply for grant funding. And then this would be brought back to council at that time for approval at a later date. So this intersection was previously identified in the IIP, the infrastructure improvement plan, and can be funded partially through development impact fees. Now, it should be noted that part of this intersection lies within the City of Scottsdale. So when the time comes, we'll have to have an IGA with them that will establish the maintenance of the signal by Fountain Hills when the time comes. So again, the amount that has been expended on design so far is $104,000 out of our $150,000 budget. So we're just asking to reauthorize the final 34,910 to complete the design in FY24 and so we'll still be under the original budget. TOWN OF FOUNTAIN HILLS Page 33 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 33 of 90 KALIVIANAKIS: Ms. Mayor. You said that this is needed. Is there a traffic setting that indicates that? JANOVER: Mayor and Councilmember Kalivianakis, yes, there was a signal warrant study that was done and a traffic report that I believe was done that covered the expansion of the Adero Resort as well as the Adero home development. And based on all that growth, this was a signal that is warranted. MILLER: It's a good question. Because we've had -- since this has been a proposed project, we've had councilmembers questioning whether this was a needed intersection improvement or not. The Town -- just a little bit of history going back probably 20 or more years -- accepted money from MCO properties for the improvement of a traffic signal at this location. We also have a development agreement with the Adero Resort that if they go in and build the next phase that they're on the hook for a portion of this cost as well. And then, as the town engineer mentioned, we also have this identified in the infrastructure improvement plan, so development fees will help pay for this as well when the time comes. We also plan on going before Maricopa Association of Governments and seeking some of the costs through some of the federal funding that comes through as well. But there are -- it's met all the warrants for this intersection for the traffic that we have today, and it's only going to get worse when Adero is completely built out. KALIVIANAKIS: Thank you. Yeah, I know this one was coming up, and I actually went out there one day and just sat there in my truck, and there wasn't a lot of traffic. There really wasn't. And so I was thinking why are we putting up a streetlight here? I'm glad that Adero is going to have some skin in the game here, because if they're causing the traffic, why do our taxpayers have to pay for their traffic to go to their expensive resort? That doesn't make sense to me. MILLER: And something else that I think most people aren't aware. So if you look at this location here that's facing our west and Eagle Ridge Road, all the way up to the entry point of Adero, is all Scottsdale road. So Scottsdale maintains that road on both directions up to the intersection of Palisades. So but we are not able to really get participation from the City of Scottsdale on this intersection improvement because they're already maintaining the road. And we want them to continue doing that. That's a pretty TOWN OF FOUNTAIN HILLS Page 34 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 34 of 90 good thing that they're doing. So -- KALIVIANAKIS: I think the estimated cost is going to be like $1.2 million, and that's a lot of money for an intersection that's barely used, that is accommodating traffic for out of town visitors. I'm sorry, I'm just -- I'm not on board with this. MAYOR DICKEY: Just so you know the -- even before Adero expanded and before the Adero Canyon homes were going in, this was something that I -- and Grady will know, I've resisted for many years. Just like, huh, let's not. We put it off, but it's been warranted for quite a while. So it's not just because of the hotel. So I think this last time I finally was convinced, and you know, I'm not a big fan of lights in general. But you really can't -- maybe they can show you some of that information that ended up ultimately getting us on board with this. And I do think, though, you said we're going to be going for grants for that big chunk of money. MILLER: Right. So what I also just want to just make sure it's very clear. We can't go for grants if we don't have 100 percent design on this. We're down to the very last -- get this design and then we can start going after the grants. So that's the important part. We've had $34,000, $35,000; let's get that finished and then we can start going after grants. KALIVIANAKIS: No, I appreciate that, Grady, and I know unless we get the project done we can't apply for grant funding. But I just wish we could have done a town council fieldtrip, rented a bus, and then we could all sit there and watch no traffic going through this intersection. MILLER: You know what? I've seen what you're saying. But I've also seen, if you look at the commuter hours, there's a lot of cars that go through there. And the other problem I see, because when you're going up and you're going north, people are driving sometimes -- it's pretty fast. And there's cars that don't stop. And so I think having a traffic signal which is way above -- it's 18, 20 feet high -- I think people will see it as they're approaching the intersection from a distance, versus stop signs that are probably about eight feet tall or so. So I totally understand, because I have seen that. I used to have a membership over at Adero, and during certain times, you're absolutely right, you will see no cars at that intersection. KALIVIANAKIS: Yeah. TOWN OF FOUNTAIN HILLS Page 35 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 35 of 90 MILLER: And then during other times, you'll see just a lot of cars coming through. So it's a good observation. KALIVIANAKIS: Do we have the blinking lights on that, or that's too far out of town? MILLER: No. We actually, at this location we have the stop signs are all flashing. MAYOR DICKEY: Vice Mayor. MCMAHON: Thank you for the explanation. I remember talking about this and there was some debate on it. And we agreed to have the warrants done. And the warrants came back, because you are required to have warrants before you can even move forward with a design, et cetera. And this is for future. It's not for tomorrow. It's for the future. And having been up there on the weekend a few times with all the traffic and people turning left and the hikers, et cetera, and the hundreds of new homes that are still going in there right now, that is going to significantly change the traffic pattern in the next couple of years. And plus, if something is built down on Shea Boulevard between -- on Palisades between this road and Shea, there's even going to be more traffic there. So I think it is important that we continue with the design and be able to be in place to ask MAG for money et cetera; it's very prudent and I think it's a good safety measure as well. Thank you. MAYOR DICKEY: Thank you. KALIVIANAKIS: And just to comment on that. I'm not saying that we don't have to prepare for the future, but we do have things that need to be addressed right now and that's -- I'm living in today. MCMAHON: $34,000 to complete a design so that if and when, it's decided to do this we can apply for grants. Otherwise, it's just going to be a waste. Today, yes, is the traffic sporadic up there? There's still a lot of traffic. But however, this is for future, so that we are prepared and ready when that really becomes a bigger traffic nuisance area. KALIVIANAKIS: I just think the people out there when they hear us on town council say it's just $34,000, I think they find that offensive, because $34,000 is a lot of money to a lot of people. And I don't think, as town council people, we can raise that kind of money and just say it's just $34,000. MCMAHON: Excuse me. MAYOR DICKEY: Vice Mayor. TOWN OF FOUNTAIN HILLS Page 36 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 36 of 90 MCMAHON: It's not -- I didn't mean it in that way and for you to misinterpret that. KALIVIANAKIS: Nobody misinterpreted -- MCMAHON: You did misinterpret it. I didn't mean just $34,000. I mean we're talking about millions of dollars here. KALIVIANAKIS: We'll let the people decide that one. MAYOR DICKEY: Thank you. And again, the design is 90 percent complete. This would finish it up and then the next step though would be the big amount and that would be what we would try to get some help on. MILLER: Yes. MAYOR DICKEY: But to the other point, which is did we want it at all, and I understand that aspect of it too. But I think this has been put off for a long time, and again, it kind of goes along with the whole thing with MAG and modeling and it, really, is indicated as a need. So I'm in favor of continuing with this. JANOVER: And again, we have expended $101,000 so far on the design. So we're right there. We're about 90 percent there. So this 34,000 would get us to where we need to be that we can start. And that will give us some time, certainly, to look into HSIP grants and other grants, federal grants that are available that would help us, hopefully, with a nice share towards the cost when we have to get there. Okay. Now we'll just talk about the next year's new and program capital projects for public works. So the first one here is miscellaneous drainage improvements. And this is a annual allotment request for $50,000 annually. It's a placeholder that's included annually in our CIP and has been to address any drainage issues that may arise. And obviously being a hillside community with lots of drainage issues, this is a very widely used fund that we really do need. This fund provides for the construction of new drainage facilities and major repairs and it will also continue to address erosion issues as well as improve drainage as needed townwide. One of the projects that we actually completed this year was a pipe extension at Fountain Hills Boulevard at the crossing of Balboa Wash. And that's the photo that's on the TOWN OF FOUNTAIN HILLS Page 37 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 37 of 90 righthand side there. We actually extended the pipes and increased the shoulder width. So we're just requesting to continue this program for $50,000 annual. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you. Thank you, Ms. Mayor. I'll use this as an example. But there are other examples that I'm a little uncomfortable with. When it says that we need to use this total of 50,000 as requested each year, that sounds like it's in perpetuity to me. And in real estate we all know there's a law against in perpetuity, which means you can't control real estate forever. I don't like that. I think if you look at that project, if you look at the D66E, the stormwater infrastructure project calls for $150,000 that's going to continue to renew. The bridge repair, they ask for $75,000 automatic renew. Low-flow drainage, $200,000 automatic renewal. Guardrails, $50,000 automatic renewal. Streetlight program, $125,000 automatic renewal. MCMAHON: I don't know what you're referring to. KALIVIANAKIS: I know. I have it, though. Sidewalk infill -- I'm not sure if that's -- I'm not sure exactly if that one is a year as well, but that's 300,000 if it is. I couldn't really determine from reading the packet. But according to my math, that would be -- the town council's authorizing $950,000 spending a year that we don't have any input. That we've giving away all of our rights to spend that money in perpetuity. And I think that with these projects and if we're talking that kind of money, that they have to come back to us and get the money and explain why the money is needed. I'm very uncomfortable with it. It's almost like the administrative state is taking over and the people elected the town council. I think the town council should be reviewing this projects and either approving or denying them. And I think this is taking that discretion away from council and it's putting it to -- well, it's just handicapping us, that we'll become irrelevant. So I have a real problem with that. And I would appreciate if you don't laugh at me. MAYOR DICKEY: Thank you. I think -- so a couple of things going on and maybe this behooves us. I don't know if this is the time to necessarily have to do this, but we have contract going on, which I think some of which you're talking about has to do with those authorizations. And then we have something like this. One of the questions might be what's an advantage to having these authorizations? And these don't -- this does not say you can spend it just any time. TOWN OF FOUNTAIN HILLS Page 38 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 38 of 90 And just like with the contracts, it's an authorization but each project comes up. So kind of what is the benefit of having these kind of arrangements for capital projects and then also maybe touch a little bit on a contract and how we still have safeguards or what are our safeguards and what is our advantage to having this kind. I look at this one in particular, almost like a facilities or a vehicle replacement. Kind of something to be ready for what you know will happen, because a lot of this does happen in perpetuity: roads, vehicles, that kind of thing. So how does this planning help us and ultimately maybe saves us money and also keeps us in the loop? WELDY: Madam Mayor, Councilmember, if I may? For a little bit of clarification. Prior to staff successfully arguing for this multi-year, we're just going to concentrate on this first. This funding, in the event that we need it to take action for any catastrophic failures or issues, came out of the street fund and was used for this type of thing and other types of things that could not have been anticipated. Second, and this is very important, while these have multiple years in them, behind us and in front of us, each and every year, each one of these multi-year projects will be right here for reauthorization and part of next year's budget. So this year, this will be included in the budget if it's approved. And then, when that money is spent or if it is spent -- and there are years that it's not -- it remains in the budget. We'll come back next year and ask again. So tonight, and or for the budget that's going to be approved later on this calendar year, it does not cover the outlying years; just this one. And what we're attempting to do here is plan for the long range. And again, there are some years that we have not spent the money. There are other years that we simply didn't have the funding and we had to come back to the Mayor and council for authorization. I'm going to cover another one that's related to drainage. We had a catastrophic on Panorama a couple of short years ago that cost us a couple of million dollars. The intent for the $150,000 for that is to prevent that multi-million-dollar catastrophic failure. We've been working on that for the last couple of years. We have identified what we believe to be all the pre-incorporation drainage structures. We are now putting together a plan to either slip line or rehabilitate them. And this is where it gets a little bit complicated just for that one. The lion's share, in fact, I'll just be straight up. None of the specialty contractors have returned our calls in two years to come out and look at those TOWN OF FOUNTAIN HILLS Page 39 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 39 of 90 projects. So that money hasn't been spent, because we don't have a professional organization to help us through that. We are now going to move engaging an engineering firm for a minimal amount of that money to make recommendations on different types of treatments. So that when we reach out to these specialty companies, we now have a plan in place. But it gets a little bit frustrating for what we consider a big job, million dollars, $500,000; it's a lot of money. Sometimes we don't get returns on calls, and in fact, we've had projects where no one even bid on them simply because they weren't a big enough threshold. And for those of you that can hear me, Fountain Hills isn't that far from anything in this valley. KALIVIANAKIS: Right. And the 6047 project might not be the best example, but this was the first example of this kind of a multi-year in perpetuity improvements. That's why I wanted to bring it up. Even though I think on this one, I understand. I agree with your point. And the streetlight one, that one goes on. It might have been a better example. But again, just because you started here, I just wanted to have that conversation here. And again, I'll just reiterate that I am a little uncomfortable delegating that kind of spending authority without oversight. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: What I would like to do going forward is, first of all, I trust our staff judgement. If this is the kind of thing that we need to put out there so that you've got it on some sort of a money hold, that's fantastic. I trust your judgement. But what I would like to do, going forward, is maybe at the end of each fiscal year, you come and say, okay, for D6047, the miscellaneous drainage, we held $50,000. For this, we held whatever, so that the list that Brenda read a little bit ago. So maybe at the end of all this you say, okay, we only used $11,000, we only used whatever. So that we know what was actually used and where the money went back. That it went back into the same coffers that it would have come out of. I mean, it doesn't like really go back, but we want to hear, we should be updated what actually got spent so that we know. Next year, when we go to do the $50,000 dollars again, we'll remember that you only spent 11 this year. WELDY: Madam Mayor and Councilmember, we agree with that. In fact, after a speaker to that came for one of the council meetings, on a call to the public, she TOWN OF FOUNTAIN HILLS Page 40 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 40 of 90 referenced that Capt. Kratzer gave a report and pointed back there towards me and asked why I didn't -- it was suggested that we do a monthly report. We had decided it would probably be best if we do a quarterly or maybe two for each fiscal year, that not only includes the payment management but the CIP and some of the other items under the public works umbrella. So we agree. We would like to come back and tell you what the status is, what we've spent and how much is remaining in the budget and what we anticipate moving forward. You're welcome. MAYOR DICKEY: Thank you. MILLER: Not to belabor this, but I think the Mayor stated it best. So we have facilities replacement fund, and you saw an email I sent earlier today about the bathrooms over at the park, at Fountain Park. And it's going to be a $90- to $100,000 sewer replacement and parking lot repair to be able to get that fixed. Well, this is very similar. We don't have a drainage replacement fund. This is kind of a -- it's not a in perpetuity thing. But to your point, it's requested every year and we use it if we need it. If we don't, it's there. It's kind of like the facilities reserve. We've identified several different facilities, buildings that we have needs for and so we budget for those. But sometimes things go out of order. We might have anticipated it 20 years out, or it might be 15 years out or 5 years out; and sometimes things are like -- things happen today that we anticipated was going to be 10 years out. So to your point, this doesn't go into a fund and it just sits there and then -- or we just spend it just because it's there. And so each year, we will have you consider it and authorize it as part of the budget process. And then the contracts will always come back to you. So you always have the oversight that you're requesting. So it's a good observation, but I don't think that this is something that I would agree with is in perpetuity. But I would agree that the Town's commitment to try and maintain its infrastructure is for in perpetuity. Sorry, I can't really say that too well. But I get your point. It's just a different way of looking at it, but it's the same thing. JANOVER: I second that. The next project is wayfinding signs. So this is a project that would fabricate and install TOWN OF FOUNTAIN HILLS Page 41 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 41 of 90 wayfinding signs at strategic locations throughout the town that would help direct visitors to public amenities, parks, lodging, business areas, et cetera. Plans were completed several years ago but they were not signed or sealed. And during this current fiscal year, an engineering firm was contracted to perform needed structural calculations for the signs. The design plans are also being value engineered by a contractor to make sure that they align with industry standards, so that it would reduce the cost of materials and fabrication when we actually get to that point. So fabrication and construction is -- we're requesting $250,000 for wayfinding signs for next year. MAYOR DICKEY: Councilmember? SKILLICORN: Thank you, Mayor. I'm just curious, who is going to give us direction of the messaging that's on them? You know, I think there's some stakeholders in town that we want involved in that. Because I'm supportive of it, but my only interest is who's going to be working on the messaging and what -- there's certain things that we don't need to point out but there's certain things that will be very beneficial to point out. JANOVER: Mayor and Councilmember, I believe that we have that on a plan already, and I'm not sure -- I wasn't here during the development of those plans, so I don't know who had oversight into -- MILLER: Right. It was development services. The planning staff actually helped the consultant that worked on this. So it's going to have all the key attributes, like the town facilities or the places that visitors want to see, like maybe Fountain Park or the fountain or the visitor center, the chamber, the library, those types of things. It's going to be everything like that. Now, we had -- at the time we had a councilmember who was wondering if we could have maybe businesses actually have slide-in signs. And the council at the time opted not to really do that because of the administration trying to do that. Because a lot of times you might have a company do it and then they opt not to up it or reup it or renew. And so we thought it was best, based on our peers who have done this around the valley, to keep it limited to the places that people want to try to get to, rather than specific to the businesses themselves. TOWN OF FOUNTAIN HILLS Page 42 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 42 of 90 SKILLICORN: Madam Mayor, so obviously there's specific businesses that are hard to please. There are so many. But I'm thinking of is like business districts or retail plaza. It would be nice that we pay for them with additional business. And sometimes when visitors come here, there's certain amenities that they're not looking for. Residents care about where the library is. But someone that is here visiting from another state, yeah, maybe they do. But realistically I want them to go to our retail district. So that's the -- I want to make sure that it's driving people where we want them to go. MILLER: So you're bringing up a really good point and I think what we'll need to do is, Justin and Dave, I think what we'll want to do is get the council the actual plan. Because it actually -- you're absolutely right. There's no reason people that are visiting want to go to the library or visit the town hall. SKILLICORN: They don't spend money there. MILLER: Right. So we do have the signs, and I remember looking at the plan and it really is driving people to where we have, what I call, activity hubs in town, so obviously Fountain Park, the downtown area where we have events, that kind of thing. So we absolutely have that in this plan. But we'll get you the plan documents so you can actually see it. It's very well thought out. And then what I like, what the staff has done here is they came up with really high-cost estimates to do this. I mean it was really crazy expensive. So by working with an engineering company on the design, that they needed to do anyways, they were actually able to value engineer based on lower cost, highly durable materials that will hold up better in our climate. So I feel very good about this. This was going to be a lot more than $250,000. In fact, I believe, Justin, it was about $800,000 originally? And that wasn't even the monuments. I mean, the monument signs themselves were a lot more money on top of that. So just for these signs alone, I think it was around a half million to $800,000. So good input. JANOVER: Okay. This is another multi-year program. Sidewalk infill and design and construction for $300,000 annually. So prior to incorporation, sidewalks were not required with adjacent development. So having a sidewalk network, obviously, is very important to council and to our residents. And installing sidewalks where gaps currently exist allow pedestrians to use those TOWN OF FOUNTAIN HILLS Page 43 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 43 of 90 sidewalks instead of walking in the adjacent street. So it reduces risk and it creates a safer, more walkable community. So this programs provides $100,000 annually for design and $200,000 annually for construction for ADA-compliant concrete sidewalks and curb ramps where gaps currently exist. So the new sidewalks will provide connectivity to improve the walkability throughout our town and supports the Town's active transportation plan as well as the 2021 strategic plan for creating walkable community. Last fiscal year, in FY23, the project constructed and filled sidewalks and ramps at the locations that are noted on the table here. So the Fountain Park connector sidewalk La Montana Drive at the driveway near the Parkview Boulevard. We did quite a number of projects with this program. So again, this is just an ongoing; we're requesting the same $300,000 that we have previously. KALIVIANAKIS: Thank you, Ms. Mayor. This is another one of those programs I just have trouble with. As I speak to the people around town, as I ran for office, I spoke to thousands of people and I did not hear one person say we need more sidewalks in Fountain Hills. Maybe I'm just talking to the wrong people, okay. But all of them told me that we need better roads. So we're going to be putting new sidewalks next to dilapidated roads. That doesn't make sense to me. I mean, I just think that we could put a moratorium on sidewalks for three or four years and we could take that $300,000 over four years, it will be $1.2 million, that's real money. It seems like there is a lot of connectivity right now on the sidewalks as I go around town. I know later we're going to talk about the Shea sidewalk that's going to go from Scottsdale all the way to Fry's. And again, how many people are going to use that? Not too many, I don't think. So although sidewalks are nice, to me as a cost cutter and somebody that wants to fix roads, I think these are the kind of projects we can put on hold for a few years. MAYOR DICKEY: Councilwoman? TOTH: I just have a quick question. What is the relationship between the different sidewalk infill projects? So we have three, I think it is? My number might be wrong. But the different connectivity projects, are any of them can't do one without the other? TOWN OF FOUNTAIN HILLS Page 44 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 44 of 90 Or what am I not seeing, I guess, is my question? JANOVER: Councilmember, I'm not sure I understand the question. Sorry. TOTH: Sorry. I'm just trying to check that if for whatever reason we say no to this one, does that in any way affect the other connectivity projects? JANOVER: No. Actually, Councilmember and Mayor, no. That does not affect the other projects. Typically, this sidewalk infill and design construction program are for kind of pretty much smaller infill projects such as the one that's shown here on the graphic, the one that we did on Saguaro Boulevard. When we have other, bigger projects; those become their own CIP projects. These are meant for the more smaller, hey we have a small amount. We have like 50 feet of sidewalk we need to fill over here or whatever the case might be. That's really where this comes in. This comes in pretty much townwide. But when we have a project such as one that's coming up, the Fountain Hills Boulevard by the Church of the Ascension, that's a much bigger project. That has retaining walls and there's a lot going on with that project. It's much, much bigger. I think it's 290,000. So that is -- that would pretty much eat up this entire program. So that becomes its own project and its own CIP that could vote on separately. But this is mainly for the smaller pieces and moderate pieces that we can direct a job order contractor or a contractor to take care of for us. MAYOR DICKEY: Do you want to say anything? MILLER: Yeah. I just wanted to jump in real quick. So I think it's a really good observation that the councilmembers have on the sidewalks. So this particular project, we have a number of sidewalks that we've been criticized we have sidewalks to nowhere. And so what this is really intending to do is try to make those connections so that the sidewalks actually -- we get these requests from citizens all the time that will contact us. And we had one recently that contacted us. She just moved up on Palisades across the street from the Safeway and she was like wondering where's the sidewalk and when was the sidewalk ever going to be built. Well, the good news was that's a grant-funded one that will actually provide her connectivity. But we also have people that live over off La Montana or Gunsight and they've asked for connectivity to where they live and also to Saguaro. So what we've been trying to do TOWN OF FOUNTAIN HILLS Page 45 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 45 of 90 over a multi-year -- we have a plan, and actually, the council a few years back actually approved sidewalk priority listing. And it kind of starts off, if you think about it, from the town center and kind of expands out because that's where a lot of people want to walk to. They want to walk to Fountain Park. They want to go downtown. And so we're fortunate because, when you go up to Avenue of the Fountains, all the way up to Palisades, you've got sidewalk on either side. But then along the other arterials, we didn't have it. And so we actually were able to get Maricopa Association of Governments to fund what's called a active transportation plan. And that active transportation plan is what was able to help us get the $3 million grant that you saw earlier. And then this is just a smaller component to do some of these smaller infill projects along the way. So yes, are we going to do this forever? Unfortunately, at the time we developed MCO, we were a company town and MCO did not want to pay for these themselves. And then we incorporated, and unfortunately, most of the damage was done. So I feel bad because most of the cities around us, they're not having to do anything like a infill program like this. We're doing it to catch up. And one of the things that a community is rated on is it's walkability and people that want to be able to walk from their homes to parks and shopping and other things like that. And unfortunately, if you go into a lot of our interior of our neighborhoods, we just don't even have sidewalks. You know, homes that were built from like about 1997 on typically have at least sidewalks on one side of the street. So I'll turn it back. I think Justin had some other points. WELDY: Thank you for the opportunity. Having spent a decade and a half plus here, the one thing that has been consistent is the number of people as they would tour and they want to be able to reach one of the amenities, whether it's in the town center or somewhere on Shea, they've asked why is there no sidewalk down there. You just heard the explanation. The corporate town that built the town had no intentions of building sidewalks. I would like to say that, prior to me, two public works directors came to the Mayor and council multiple times because there was a minimal amount of money that was put into it and then it was stopped and then it started and stopped. Fortunately, we have successfully argued on behalf of the multi-modal folks that walk here too, for the last five TOWN OF FOUNTAIN HILLS Page 46 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 46 of 90 years, to actually construct north of 20,000 linear feet of sidewalk. And I want to give you just a couple of snapshots in time to explain that. With this minimal amount of funding, in regards to overall construction costs, we've created connectivity on the south side of Palisades, from Mountainside to Fountain Park, including a crucial section across from the high school. We've also -- and this little green spot that you're seeing here, and it's going to be a little bit confusing, but this is on the north side of Saguaro near Desert Vista Park. This connects Shea to the town center and more importantly, it right now connects to the Desert Vista crosswalk. We have a small gap in between Tower and Colony that is a crucial gap because that gap, when it's filled, will then tie-in to part of the $3 million grant sidewalk. And then, in turn, that will connect us or give us connectivity on one side of Saguaro from Shea, to Fountain Hills Boulevard. In regards to a multi-modal walkable town that's identified in the active transportation plan and on the five-year priority horizon, that's a pretty critical portion or a part of that puzzle. I'm passionate about this, having spent time with a large number of the residents here and heard their concerns and actually went out and had a look. In fact, with that said, later this year we're going to be coming back and asking for an amendment to the five-year plan because the priorities have changed based on what we're hearing from the residents and, also, someone else's money is paying for larger chunks that were shown in the plan. So we need to take advantage of that and move a little bit closer to the town core. We refer to it as the town center because that is what's identified in the active transportation plan. MAYOR DICKEY: Thank you. Councilmember? SKILLICORN: Mayor, thank you. So when I look at this, I see that we have had quite a few additional sidewalks over the years, but our community was not planned around sidewalks. I find the walkability argument not to be all that great, because part of that is about distances. If you live some place where you have a short distance to the store or activities and things like that, that would be considered walkable. But we have sometimes miles of walking to do. And the idea of, let's say, down Saguaro there, I don't see it's realistic that you have people living TOWN OF FOUNTAIN HILLS Page 47 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 47 of 90 all the way at one end, walking all the way to the other. It's just too far of a walk; half the year we're at 110 degrees. I just don't see that being realistic. And it just really stuck on me when fellow Councilmember Kalivianakis mentioned having a new sidewalk next to a dilapidated road; and that is unacceptable. And I think people are crying to fix those roads before adding sidewalks where they knew they didn't exist when they already invested. So thank you. MAYOR DICKEY: Thank you. Councilwoman? GRZYBOWSKI: Sidewalks are crucial for pedestrian safety. We have had spotty sidewalks ever since I've been here and I've always been a walker, even before I lived right here. You're walking on a sidewalk and, bam, it ends because there's some tall grass, so you have to jump in the middle of the street. That's confusing to cars driving by. And to me, safe pedestrians are as important, if not more important, than putting $300,000 towards a third of a mile of a road. I'm sorry, but I can't say that walkability here isn't that great because it really is. Safety is way more important to me. I'm sorry. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. You know as I've engaged in my walking and generally when there is a gap between the sidewalks, I just go into the bike lane and walk and then I go back. Because we do have a lot of bike lanes here in this town, and I think they're pretty safe for pedestrians. MAYOR DICKEY: Vice Mayor. MCMAHON: Bike lanes are for bikes and I think that's pretty dangerous, especially since there's a lot of older people that do walk. There's a lot of hikers. We are known as a town, it's one of our attractions for hiking and walking. In addition, the pedestrian safety and pedestrian committee has talked about this at length, in concert with the town plan, and they support this. And when Brenda -- I think you're going to be on that committee. I think when you sit down and are brought up to date on some of the things that we look at in the town for safety purposes, I think you'll have a better understanding. I'm not insulting you. I'm just saying I think that TOWN OF FOUNTAIN HILLS Page 48 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 48 of 90 there will be a better, broader scope and understanding of the sidewalk plan and how we're working on it, reasonably working on it to have these filled and keep the maintenance. Because if you think about it, cars drive on streets, people walk on sidewalks. That's their mode of transportation as well, and I think we need to respect it in this town. Especially with all the hills and the gaps and when it was built, you know, there was a lot of places without sidewalks that we really do need. I mean, our town is growing. There's a lot more people here, a lot more walking. MAYOR DICKEY: Thank you. I -- FRIEDEL: Mayor? MAYOR DICKEY: Oh, yes. Go ahead, Gerry. Sorry about that. FRIEDEL: As a biker and a walker in this town, I see hundreds of people using the bike lanes to walk in. Never had a problem. Very safe. And in fact, I believe, in our transportation plan, it called for bike lanes in some areas to be used in lieu of sidewalks, if I remember some of our initial conversations about that. So I think we probably have good accessibility and walkability and the bike lanes are very safe in this town. They're well marked and I've never seen or heard of any problems in the bike lanes, at least up in this area. Thank you. MAYOR DICKEY: Thank you. Problem with the bike lanes is you got to be going in the right direction so you need to make sure that you're walking on that side of the street. You should not walk in a bike lane going with traffic. Then if you have to cross the street to do that, that's just another hazard and another something to add. I really disagree with walkability not being important. We walk everywhere and we walked pretty far to go to stores and things like that. I don't think that this particular area is meant for someone who's living on Shea who wants to go all the way to Palisades or to town hall, whichever it is. It's just a connectivity along the way for whoever might go on at the park or go on at the stores, so they can walk. And I'm all for it. I was one of the ones, when we were doing 100 grand a year, I said can we do 200 grand and we did. And I'm happy with the 300 grand. I think, again, I understand the philosophy of the roads needing attention, but I think this is very important and I really think it's important to continue with this -- GRZYBOWSKI: Mayor, if I may? MAYOR DICKEY: You may. TOWN OF FOUNTAIN HILLS Page 49 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 49 of 90 GRZYBOWSKI: There is a difference between a multi-use path and a bike path. And one, our bike paths are not signed very well, and Justin already knows how I feel about that. He and I had a conversation a few years ago as my Leadership Academy project. A multi-use path is generally wider because of the fact that you've got the bikes going and the pedestrians, hopefully, going the opposite directions of the bikes. But again, those kind of things are confusing to drivers. It's very easy for us to sit up here and say oh, no, it's not, I don't have a problem with it. But think about the average age of our resident and the average age of our driver. We're already not signing our bike paths very well. There are areas that have multi-use paths that are walk, ride, and park. So you've got somebody parked in the multi-use path and a bike wants to get around them. Then on the other side of the car is a pedestrian walking this way. I have a problem with the bike path limitation in this area anyway, and to suggest that we're going to tell our friends and neighbors to tell your kid just hop on the bike path and walk on the bike path that extra block or whatever, I have a problem with it. I think it's a huge safety concern and I'm going to get a lot of emails tomorrow that we picked roads over safety. And I will also tell them to email you when that happens, just so you also know that it happens. MAYOR DICKEY: Thank you. Councilwoman? TOTH: I just had a question. I'm sorry, also, if you've already said this. How much of that 300,000 was spent in this year? JANOVER: The entire thing was spent this year. TOTH: Okay. KALIVIANAKIS: Okay. JANOVER: I'd just like to make one quick comment responding to Councilmember Skillicorn. I did mention about us putting a sidewalk near a road, maybe, that's in really bad shape. We would make sure that once we have our work plans for our roads, for our reconstruction of roads and such, we'd make sure that we coordinate all of our efforts for sidewalk with that in mind, so that we're not putting sidewalk near a road that has to be completely reconstructed, because then that sidewalk would have to come up and we'd have to redo that. So we would make sure that we coordinate those efforts to do things efficiently and where it's needed. TOWN OF FOUNTAIN HILLS Page 50 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 50 of 90 KALIVIANAKIS: Okay. Thank you, Mr. Janover. And just one comment before the letters to the editor and how Brenda's for unsafe conditions on our roadways. And I'm actually for sidewalks. I'm for this kind of connectivity that Justin pointed out. I think it's good public policy; it's good governance. I guess my point -- if it had been missed, I'd like to repeat it -- is just a matter at this point of a little prioritization and maybe postponing certain projects for a couple of years while other projects, maybe ones that are more on the minds of the Fountain Hills residents, again, with the roads would be. But I am all for having a vigorous sidewalk plan, having safe streets, having safe sidewalks. But we just have a limited amount of money and we just have to be wise stewards of that money. And like I said, in some of these projects tonight, I'm not asking for them to be scrapped, just maybe reprioritized. Okay? Just so you guys know. MILLER: Thank you, Mayor and council. I think we'll move on. I think we did get direction from the council. So thank you. JANOVER: Okay. Our next project is the community center moisture intrusion measures. So as you all know, during the initial phase of renovations to the community center, in 2021, drainage issues were discovered at the exterior walls and the doors of the building. And subsequently during last summer, the building experienced interior odors, carpets staining, ceiling leaks, increased humidity. An evaluation of the community center structure was performed and moisture and air testing was completed throughout the building to determine the extent of the moisture intrusion damage. The evaluation provided short-term, medium-term, and long-term recommendations. An architect has been retained and this project is going to fund this $200,000 would fund near-term recommendations as identified by the design professional to address moisture issues. Okay, we don't know exactly what this is but this is really more of a placeholder for now. Once we know what those near-term measures are going to be, we can come back to council and refine that number. But this is just something we need -- this is certainly a priority for us to make sure that the community center moisture intrusion measures, the near-term measures are addressed. KALIVIANAKIS: Yeah. And just to clarify, this is just to study what needs to be done; TOWN OF FOUNTAIN HILLS Page 51 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 51 of 90 is that correct? And then later you'll come back to council and say, okay, now this is the price tag? Is that kind of what I'm seeing here? MILLER: That's actually -- that's pretty close to what this is. We do have some near- term recommendations that -- was it Buick was the water intrusion expert that actually looked at this initially before the architects. And they identified some drainage changes to the front of the building that would help keep water from flowing towards the doors. But what the town engineer mentioned is that we have secured a architectural firm that handles these types of issues to help us identify what new windows and new doors would cost. We believe that the wet ceiling that was just done, and it's been confirmed by our other expert on this area that that should hold for about 15 years. But we're still going to have to -- at some point, we're going to have to put a new seal on the roof, and this architectural firm will help us identify what the storefront windows and the doors will be for that building. And I think that's important because we want to know what that is this year, so we can start budgeting for those into the future. If it's another 15 years, that's great. But we need to actually program that into our facilities replacement fund. MAYOR DICKEY: I guess I thought this project will fund the near-term recommendations identified by the design professional to address moisture issues. MILLER: It's both. MAYOR DICKEY: It's not just study? MILLER: No, it's not a study. But they're going to be looking at replacement costs for windows and doors and also look at the near term which is the drainage for the building. MAYOR DICKEY: Thank you. KALIVIANAKIS: Thank you for clearing that up. JANOVER: Okay. This is the town-wide guardrail replacement. So we own and maintain about 10,000 feet of guardrail throughout the town. There was a change in the federal regulations requirements in about 2014, and as a result several segments of our pre- and post-incorporation guardrail are no longer in compliance with federal highway standards. So in 2022 the Town had an assessment done of our guardrails throughout the entire town and this project would follow those recommendations of that assessment. So we intend to apply for HSIP grants which are federal grants to fund the offset of the cost of replacing these guardrails, and the $50,000 per year really just represents our share of TOWN OF FOUNTAIN HILLS Page 52 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 52 of 90 that cost. Again, we would have to find out -- go out to contract, go out to bid, to see what the actual cost of that would be and we would be able to have a better idea and come back to council to let them know. MAYOR DICKEY: Yes, Councilwoman. KALIVIANAKIS: Yeah. It pains me to say this, but we just had the town retreat and this issue came up. Whether we're using these funds to update because of the 2014 standards, which they said we weren't. And what was said at that time is we're just replacing damaged guardrails. And so again, tonight you're saying that we're going to do upgrades to conform with current standards, which all the studies that I've read said we don't have to. JANOVER: Yes, Mayor and Councilmember Kalivianakis, so what was approved the other night at council was just for that. Just for -- has nothing to do with the CIP project. This CIP project is just to replace guardrail that is in place now to just upgrade it to meet federal standards. And so that's all that this is for. This is not handling the operational side of addressing damaged guardrail, which is just pretty much put back to current standards. KALIVIANAKIS: Thank you for clarifying that. Because I was confused. JANOVER: It is confusing. MAYOR DICKEY: (Indiscernible) guardrails again. KALIVIANAKIS: But that being said, I would be against this because I don't think it's necessary. If we can get HSIP grants to fund it, whatever taxpayer money, not so much. Okay. MILLER: Just for my clarification, is the HSIP, is that 100 percent grant or is that a match? JANOVER: Yeah. That's a match grant. MILLER: Okay. What is the typical match on that? Is that the six percent or is it the ten? JANOVER: It's between 75 and 90 percent. MILLER: Okay. MAYOR DICKEY: Councilwoman? JANOVER: The lion's share would be covered by the grant. TOWN OF FOUNTAIN HILLS Page 53 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 53 of 90 MCMAHON: Isn't this another one of those contractor, however you want to call it, that you have to have in order to have the grants? I thought that's what we talked about to you. JANOVER: Mayor and vice mayor, this is actually separate from the contract that was approved. I know it's a little confusing. We already have that contract in place. We're fine with -- if we do have damaged guardrails somewhere, that could be changed out without an issue. We have a contract in place. This is a complete separate thing, above and beyond that. MCMAHON: Okay. JANOVER: That is just to replace existing guardrail with updated guardrail. That means current federal highway standards. MCMAHON: So some of this is all taken care of? Right? Am I understanding that right? By a grant or no? JANOVER: Well, what we would do is utilize these funds if it's approved to apply for federal grants -- MCMAHON: Okay. JANOVER: -- to -- and this would be our matching -- MCMAHON: Okay. JANOVER: -- our matching funds. MCMAHON: All right. Thank you. MAYOR DICKEY: Councilmember? SKILLICORN: Thank you, Madam Mayor. I think you just answered my question. But the $50,000 is the Town's share after the grant? JANOVER: Yes. SKILLICORN: Yes. Okay. So this is a nice want, but we don't need it. JANOVER: Just to let Mayor and council know, it's not warranted. We don't have to upgrade it. It's not something that we need to do; however, if there is an issue, if someone does crash into one of these guardrails and does go over the guardrail because of a height differential between what we've had and what the current federal regulation says, we might be open to liability. So just something that I wanted everyone to be aware of. Something in the back of our minds, at some point it would make sense for us to -- TOWN OF FOUNTAIN HILLS Page 54 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 54 of 90 there was a reason why these guardrails were increased in height due to newer testing and the height of vehicles and so forth. So we just want to make sure that we're staying current, at some point. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: I think I'm expanding on what Allen just said. If we don't say yes to this $50,000, then we can't use the grant money that's out there. Is that what I understand? JANOVER: Mayor and Councilmember Grzybowski, we wouldn't have any kind of funds to match -- if we were to get a grant, we wouldn't have any funds available to match that grant unless we came back separately to ask for that. MCMAHON: Okay. TOTH: While I completely understand that 50,000 is a fraction of what the full project would cost and that this grant would cover a significant amount, that grant money isn't our money. Right? We can't decide to use it on something else all of a sudden; it's for this project? JANOVER: Yes. TOTH: And this project is something that isn't a need. So I still -- with or without a grant, I still see it as $50,000 that we're spending, which is almost twice what I make in a year. So I would have to agree with Brenda and Allen on this one. MAYOR DICKEY: So if we don't do this, we're not saving anything, because we're not spending this money unless we get a grant. So it's not like by not doing this we have 50 grand to give to something else. JANOVER: That's correct. We -- MAYOR DICKEY: It's all like just on a line. So this is all paper money. But basically, this isn't like saying, okay, now we'll take this and put it somewhere else because we won't spend this unless we get the grant. JANOVER: That's correct. MAYOR DICKEY: And we don't know what the amount will be? And what is the downside to not putting this in the budget right now? If we got a grant, wouldn't we probably come up with this? JANOVER: Typically, Mayor and council, many times some of these grants -- I'm not TOWN OF FOUNTAIN HILLS Page 55 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 55 of 90 sure about the HSIP grants, but many times ask to see where the matching fund will be coming from. It just might be a letter from the town manager that says this will be budgeted in fiscal year blank or what have you. We were just looking to see if we can get a jump on it and have this money, at least, available in the CIP so that we can start applying for the grants, but it can be done later on. We can apply -- we can still apply if council wishes us to and then, if this is not available, we would just come back -- MAYOR DICKEY: That would be something I want to ask. If we didn't put this particular thing in right now but we applied for the grant, would that help if something did happen and we ended up getting challenged because of the height of it, to say, well, they're going after it or does this help? It look like we're more intentioned of fixing them? Just asking a lot of questions, I don't know. JANOVER: Yeah. Only the optics are such that it would be in our best interests at some point to at least apply for the grant, at least to show that effort. I would think that -- I can certainly look into the HSIP grant requirements to see if we need to actually have the money budgeted. If we don't need to have it already budgeted but just need a letter of commitment from either the Mayor or the town manager, then that might be another way of still being able to apply for the grant and just coming back and saying, hey, Mayor and council, we just got a grant, we'd like to -- we need 25,000 or 30,000 or whatever to match it. So we could do it that way. We just thought we would kind of jump the gun and have it kind of ready to start so that we can start applying. MAYOR DICKEY: Would it be good to just leave this in until we get some more details about what is involved with that grant and then we could decide maybe in a month or so to say, okay, we don't feel like we need to do this now or we do feel like we need to do this now? WELDY: Mayor, councilmembers, and we're just going to go back a little bit here. We recently had a council meeting in which there was discussion about the contract for repair. The following day I sent out the assessment. Has anybody had an opportunity to read that? I sent it in the form of an email to every one of the councilmembers. Well, I will resend it again. So as a town government we follow state and federal guidelines. The federal guidelines through their testing and accident investigation process have determined that the TOWN OF FOUNTAIN HILLS Page 56 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 56 of 90 guardrail system that was approved 50 or 60 years ago, based on newer vehicles and the height of some of those vehicles, that the guardrails are not warranted. For the last decade they've been working on this. They have now adopted a standard several years ago without putting a mandate on any municipal or state government to make that replacement. What they have done is make a strong recommendation based on safety and liability. A few years ago, when we brought this, it was based on those federal and state recommendations. It's also noted, while there isn't a requirement for us to do this, there is one for us to have a plan. This is that plan. Where the requirement does come into place is that, if we do any substantial work on any one of our roadways where we are not in compliance with the federal government, it then becomes a mandate and not an option. So the plan is a planning document. The ask for funding is, should a grant come up, we want to have the ability to match that. This money is not earmarked for anything else and simply remains in the CIP budget if we do not get a grant. KALIVIANAKIS: Thank you, for that explanation, Ms. Mayor. So I guess what you're saying is that the money would be held in limbo. If we were to get a grant, they would come back before council and then we would vote on the actual expense? Is that the long and the short of it? WELDY: We would come back when a grant became available? KALIVIANAKIS: Yes. WELDY: Unless it was due tomorrow and I'd admit -- KALIVIANAKIS: Yeah. WELDY: -- we would come before you and ask you for permission to apply for it -- KALIVIANAKIS: Right. WELDY: -- and explain that this is what that funding was for. KALIVIANAKIS: I just wanted to clarify that, just so that everyone at home knew that, yeah, this -- we would get another bite at the apple, so to speak. And so we would get a chance to actually approve the actual funding. Just to -- I happen to be a lawyer, Ms. Mayor, and the application for the funding wouldn't mitigate the damages in an accident. They would go after us for the full funding, and just because we made the application for the upgraded guardrails, that's my legal opinion, it wouldn't shield us from liability. MAYOR DICKEY: Thank you. I appreciate that. TOWN OF FOUNTAIN HILLS Page 57 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 57 of 90 Would you like to take a break till 8? MILLER: Sure. MAYOR DICKEY: All right. Thanks. CLERKS NOTE: Council recessed at 7:50 p.m. and reconvened at 8:00 p.m. JANOVER: Director Weldy spoke about earlier. So this maintains and repairs town- wide stormwater infrastructure and includes pipe cleaning, inspecting, maintenance, and treatments, installation of pipe lining and so forth. So we're responsible for the maintenance and repair of a large number of draining structures and that includes pipe culverts, catch basins, drop inlets, curb openings at the drainage parcels that we have all over the town. And these are all essential components of our storm drain network. So these convey large amounts of runoff to our washes, mitigating the flooding concerns. And many of these large pipe culverts were installed by the county pre-incorporation. So some of these are approaching 40-plus years of age. And so maintenance is essential; it's critical to minimize the risk of failure during and after flooding events. So we are requesting to continue funding the program at $150,000 annually. And again, we come back every year to request this funding. Thank you. Our next project here is bridge repair. That's another multi-year, $75,000 annual request. And this program is allocated for ongoing maintenance and to repair deficiencies to the existing town-maintained bridges. So ADOT, or the Arizona Department of Transportation, their bridge group conducts bridge inspections every four years in the town on our 23 bridges. And in 2022, which is when they did their last inspection, three of our bridges were noted to require maintenance. One was the Sunridge Drive bridge, it's apart awash. And we have to repair and stabilize the culvert approach. One is the Sunridge Drive at Cholula Wash. We have to repair some erosion behind the southeast corner wing wall. And the other is the Golden Eagle Boulevard at Bristol Wash. We have to patch a spall with exposed rebar at the inlet side of the south barrel. And that's the photo that's on the lefthand side. So by performing regular maintenance on the bridges, that addresses issues before they become really serious and save the Town money over time. So again, we are requesting $75,000 annually to maintain and repair our bridges as needed. And again, we may or may not use the entire allotment, depending upon our needs every year. TOWN OF FOUNTAIN HILLS Page 58 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 58 of 90 KALIVIANAKIS: And I was just curious. And if you don't know this answer, it's okay. But did we use the whole allotment last year? JANOVER: This is actually the first year that we're asking for this. Yeah. So we've never had this program before. We would come back, I guess, as needed we would; if we had any issues in the past -- before my time. I guess, we would come as a one-off and ask for that, but this would, at least, help us to maintain our bridges all year long between the four-year cycle. So any issues that we do see, we can take care of that ongoing so that we don't have, hopefully, any issues when ADOT comes out with their bridge group. Thank you. Okay. This project is a sidewalk on Fountain Hills Boulevard at the Church of the Ascension. This is the one that I mentioned earlier. So this project would construct an ADA-compliant concrete sidewalk and retaining wall on the east side of Fountain Hills Boulevard between Crystal Ridge Drive and Segundo Drive in front of the Church of the Ascension. So you can see it on the lefthand side in that yellow outlined area. Design was actually completed for this project in FY22, under the project 6061, which is the sidewalk infill and design. So that program actually took care of the design, but because of the size of this project and the scope of the project, it would need its own CIP. It's a critical section in our short-term sidewalk gap-elimination program and it does support the Town's active transportation plan and our 2021 strategic plan for creating a walkable community. The Town did receive a quote for construction of the improvements, and based on that construction estimate, staff is requesting the $290,000 to complete this project in FY24. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I'm very familiar with this section because it's literally blocks from my house. I drive by this every single day. And I don't see any pedestrians there, and I really think this is money we could save. I'm really strongly against building this particular stretch at $300,000. I know there's going to be a lot of engineering and excavation because of it being on a hill. And this is something maybe ten years from now, but not today. MAYOR DICKEY: Councilwoman? TOWN OF FOUNTAIN HILLS Page 59 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 59 of 90 GRZYBOWSKI: I used to live right there as well, and I saw people walking that street fairly regularly. As a matter of fact, when we drove by on Sunday, right before church my husband pointed it out to me. Again, this is one of those areas where there is a gap where you're walking on the sidewalk and you have to walk in the middle of the street, and then you have to walk back on the sidewalk again. You can't ask the people that live on the south side of the street to go to the one church and the people that live on the north side of the street to go to the other church. That just doesn't seem reasonable to me. Again, safety to me is the utmost importance and that should be one of our key things as your elected official. This, to me, is a very important project. Again, this particular area is a bike path, not a multi-use path, so it is the narrower. And like the Mayor said however many sidewalk conversations ago, if you're walking north and you're coming home, now you have to walk south. Well, technically you're supposed to cross the street if you're walking on the street. Where a sidewalk you can walk north or south without being against the walking rules. So I am, again, safety over anything else here. MAYOR DICKEY: Thank you. Councilwoman? TOTH: This is a relatively very short amount of sidewalk for a lot of money, especially compared to our other connectivity projects and how well the staff did at finding grants for those. I understand the reasons for that and know we've been over that before. But yes, safety is important; yes, I'm for connectivity; however, I really don't see a lot of pedestrians using this area. About, I think, over half of that area is covered by that driveway that I also never see people in. If someone's really, really concerned, they can walk up that. But I mean, I've lived in this town my whole life. I was trick or treating with no streetlights. I was walking with the no sidewalks. I came out okay. Everybody else is coming out okay. I haven't heard of any crashes in that area. Have there been any? JANOVER: I was just checking to see with Director Weldy if we had any crash data. We don't have any crash data. TOTH: Any involving pedestrians? JANOVER: No crash data that we have available that -- TOTH: Understood. I don't see this as a priority, even with the safety perspective. TOWN OF FOUNTAIN HILLS Page 60 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 60 of 90 MAYOR DICKEY: Councilmember? SKILLICORN: Thank you, Madam Mayor. It is a very steep, it's hard to even engineer; that's why it's so expensive. I just don't see this to be in town center. I don't think this is a walkability issue because it's not a town center. It's not a dense area. This is a major vehicle thorough through. So I'll pass on this one. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. And again, just to beat a dead horse, there's a bike lane right there. You can see it in the picture. And I think bike lanes would be safe if you did want to take a walk. I think that the bike lane would be safe to go there and it would save us a heck of a lot of money. MAYOR DICKEY: Gerry, are you still there? FRIEDEL: Yes, I am. MAYOR DICKEY: Just want to make sure, in case you had anything to add to this or any of these items. FRIEDEL: Well, that is my church. And I would have to agree. I just don't think that's something we need to do right now. MAYOR DICKEY: Thank you. Grady? MILLER: Yeah. I would say we have our direction. Thank you. JANOVER: The next project is a low-flow roadway-drainage crossing improvement program. So this is a newly proposed annual program which would allocate $200,000 annually for the design and construction of improvements at low-flow roadway crossings at washes throughout the town. We have approximately 30 of these crossings throughout the town and this program would include design and construction of pipes, culverts, or other appropriate measures to eliminate nuisance flow across the roads. It will reduce roadway maintenance costs and sediment cleanup after storms and reduce the risk of freezing water or slick water on the roadway surfaces, increasing safety for pedestrians, bicyclists, and vehicles. And the program is intended to address and improve each of our crossings over a 20-year period. It's anticipated, though, that the majority of these locations would meet the criteria for potential grant funding through the flood district of Maricopa County through their SPAP TOWN OF FOUNTAIN HILLS Page 61 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 61 of 90 as we've mentioned numerous times tonight and it is a fabulous, fabulous grant program. So this grant funding is planned to offset the town's cost of design and construction of the improvements. So this is again, it's a new request for a program. MAYOR DICKEY: What if we just did the design? Would that help? Would we still be able to apply for grants if we got that part of it done? JANOVER: Mayor, if we just had the design and we applied for grants, we could possibly get a -- we can apply for a grant for -- and this would cover our portion of the design, certainly, for the grant. Then once we know what the construction cost would be, then we could come back at a later date to ask for, I guess, project by project. We would be able to come back and ask for design funds or match funds for the construction. MAYOR DICKEY: Brenda? KALIVIANAKIS: Thank you, Ms. Mayor. Just to reiterate my objection from earlier, the bridge repair request for $75,000 per year to maintain, this is another project that is, again, a newly proposed project which allocates $200,000 each year. It just seems like there's so many of these that I'm just not used to, that I just wish we could just address it each year without giving the authorization. I just want to restate that objection for the record again, because we're at the same point as we were before. MILLER: You're bringing up some really good points. Maybe what we need to do is really put together a program, a plan, that ultimately shows in the capital improvement program what we're trying to do over a period of time and prioritize which locations. As you can see this location -- is this the Leo one or is the -- JANOVER: It is the Leo Drive, yes. MILLER: So Leo Drive is, if you go down Saguaro, south of Shea, we received -- I think it was probably about eight calls in January or maybe it was right after Christmas. January, people were -- they thought EPCOR had a waterline break. There's basically a wash there and EPCOR does have waterlines in that general vicinity. They also have, like, a flush line that they actually have water that comes up and it pumps it out into the wash. And as you could see with the pictures here, the concern we have is that we're trying to maintain our roads, and yet we're getting water on the roads and you're getting the intrusion of the water into the roads. And over time, you're going to start just really TOWN OF FOUNTAIN HILLS Page 62 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 62 of 90 seeing some bad damage to the road. So if we're going to be investing in the roads, we really need to also have this be a part of a overall plan. This was the first year that we've proposed this, correct? JANOVER: Correct. MILLER: So because of all what we're trying to do with drainage we have -- which we haven't gotten to the other projects yet, but we've got a couple of other projects that you'll see here today -- where we're trying to propose culverts, where we can have the water going under the road, rather than across it. So that's what we're trying to do here. So I understand what Councilmember Kalivianakis is saying. So maybe next year, when we do come forth, we'll have a plan that shows in a multi-year fashion how we're trying to get at this. I think, I really appreciate what the staff is doing on this, because we haven't started addressing these and we've had these issues for many years and certainly they're causing problems for our residents that have these low-water crossing and things like that throughout town. KALIVIANAKIS: Okay. MAYOR DICKEY: I like that -- oh, I'm sorry. KALIVIANAKIS: Yeah. And I was just going to thank you for your thoughtful answer and for your concern over my issue with this. I really appreciate that. MAYOR DICKEY: Yeah. I think that's a great idea. Because one of the first questions is the ongoing part of it. How bad is it? Are they all really horrible or are some of them just a little bit marginal? I think something like this, where you see you had quite a few reactions, would probably be Number 1 project or something like that. I like that. But I also appreciate the idea that you're forward thinking and you know that this is something like a good way to proceed. But as we're doing this balancing act, I think that that's a great suggestion. Thank you. JANOVER: So we have our direction. We'll come back with prioritized projects, and we can pick it up next year, for sure. SKILLICORN: And Madam Mayor, I don't think anyone here opposes the long term, if there's 30 of these. Obviously we can't fix 30 in one year. Right? It's going to take years to do that. I just think how it's structured, how it's communicated, maybe it's realistic that, hey, we're going to do three this year and then next year we're planning on doing TOWN OF FOUNTAIN HILLS Page 63 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 63 of 90 these two. And the year after that, maybe we'll do these other two, right? That's kind of what we're talking about. The specifics -- and I would go, oh, we want to fix this and protect the investment and protect the residents, just with something more specific. And I think that, also, it lets people know where the priorities are. I think that when you said there's 30 out there, wow, and you need details here. This is 20, it's talking about over a 20-year period. I think we want to help our residents with something specific too, because then if they know there's something that's going to be three years down the road or in that ballpark, they're not calling us today and complaining about it. JANOVER: We can certainly dial that in. SKILLICORN: Yeah. JANOVER: Thank you. Great direction. Okay. This is our downtown streetscape improvements project. And this is a project that would design and construct pedestrian path light poles and fixtures along Verde River Drive and Park View Avenue. Each of the poles would have electrical receptacles for use by community services and the poles would also be fitted to accommodate hanging of banners, promoting the town and special events and holidays and things like that, things that we do right now with our pedestrian poles. The project is very, very much supported by our economic development department and it would facilitate the expansion of downtown interest and development. And the proposed improvements would make the adjacent lots more attractive for development for sure, resulting in increased economic activity. So staff is requesting $635,000 for design and construction of these pedestrian lighting improvements. TOTH: Part of the reason I have been so picky on every other project is because I know that this one's a big one. But it is so important for our downtown area when we have that signage that's just on the Avenue, people who aren't from town are not going to realize that whole area is our downtown. And those business owners tend to feel a little left out when we have events and we do a lot to beautify the Avenue, and I'm not saying we need a linear park view. But I'm just making the point that I think this would be a really wonderful step and a show of good faith to our business owners and the residents that we really care to invest in a thriving Fountain Hills downtown. TOWN OF FOUNTAIN HILLS Page 64 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 64 of 90 MAYOR DICKEY: Councilwoman? KALIVIANAKIS: I thought Allen hit the button, I'm sorry. Thank you, Ms. Mayor. This project and also the unsignalized intersection streetlight program that will be coming up later for $125,000, this was pretty much what my Leadership Academy project was, was illumination at the intersections and the downtown area. At that time, I spoke with Justin extensively, and you gave me a primer on the Dark Sky compliant lighting. My concern here is that I thought we were talking about the poles and solar lighting being approximately $8- to $12,000 each. And maybe you can address that. When it comes up, the unsignalized intersection street program, we're talking about trenching and electrical sources and SRP, when, in my Leadership Academy project, we were going solar. And this downtown for $638,000 to just illuminate that X, and again, the pricing is excessive to me. And I think we already have a place to hang banners, don't we? Downtown? So -- TOTH: Not on Park View. KALIVIANAKIS: That's kind of a side park. It's Fountain Hills -- Avenue of the Fountains that's the big deal here in Fountain Hills. So I don't think Park View would be -- anyway, I would be against this. And as far as the unsignalized intersection streetlighting, I think we could do it for a lot less money. MAYOR DICKEY: Thank you. Councilwoman? GRZYBOWSKI: I agree with Hannah. This is part of our downtown. The fact that it's been treated like some back alley road and not been as brightly cared for as our Avenue is a misstep on our part and all of the previous councils' part throughout the history of time. These roads, both Verde River and Park View -- and I just drew it on the table so you knew what I was talking about. These roads are as important as the Avenue is and as important as the business on Palisades is. For us to have overlooked it for as long as we have, I'm almost embarrassed. So I wholeheartedly support this project. It would be great if we could do solar, but yeah and yes, we need the banners because, again, we need to tie it into the Avenue. We don't need to do the big fancy sidewalk like the Avenue has and we don't need to do everything the Avenue has, but we need to do Avenue-like. We TOWN OF FOUNTAIN HILLS Page 65 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 65 of 90 need to treat those two streets like they are downtown, because we do consider them downtown. MAYOR DICKEY: Comments? FRIEDEL: Mayor? MAYOR DICKEY: Yes, sir. FRIEDEL: Mayor. A quick question. Is there any grant funding or development fees that we could use to help pay for this? MILLER: We wouldn't be able to use development fees for this because it's not necessarily -- it's not tied to our residents and growth and amenities that you typically collect the fees for. But our ED director just stepped up and she's going to talk probably about other possible grant opportunities. MAYOR DICKEY: Thank you. JACOBS: I wish, Town Manager. Madam Mayor, Councilmember Friedel. The short answer, doing this so long, is no. There are main street grant funding, but typically, that is for distressed communities. So this area does need help but it's not area specific. It's the entire community. So putting forth in a grant our median household income of over 80,000, the prices of homes, over 400- to 500,000, it would be a hard no. We wouldn't even qualify. So I wish, but no. MAYOR DICKEY: Amanda, how about the economic development fund, the downtown fund or the one percent or whatever that is? That amount of that sales tax? JACOBS: Madam Mayor, yes. We could use the downtown fund. MILLER: In fact, David, do you remember what our balances are? JANOVER: Currently around 500. MILLER: So good. About 500,000, he's saying, that's in the fund. MAYOR DICKEY: So 500,000 but we're not suggesting using any of that? Or what are we talking about? Excuse me. JACOBS: It could be. MILLER: It could be. The only reason why we hadn't, at the time this was put together, there was another project that was going to be partially funded. It was the roundabout and all that was going to be touching the downtown fund. MAYOR DICKEY: Right. And so that's another point. I understand the desire for this. TOWN OF FOUNTAIN HILLS Page 66 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 66 of 90 It seems like a lot of money. We denied $380,000 to do some intersection improvements, which not only were safety related, but big time other end, finishing off the downtown loop or whatever you want to call it. We also had some infrastructure help with Park Place that helped us and did all the beautification of that area. So I think this is too much for what it's going to do. It's a lot. And I'd like to see something else suggested in this area. Park View is wide. The things are -- a lot of the stores are set back. You know, bank. I'm not saying that it's not an important area and I'm not saying it's not part of downtown, because it is. It's defined that way. But it's not anything close to what we're trying to or what we have on the Avenue with the walkability, with the type of businesses that are there, and the restaurants and such. It's a lot of money for some lights and some banners. JACOBS: Madam Mayor, if I may? MAYOR DICKEY: Excuse me. JACOBS: So Councilmember Toth and Councilmember Grzybowski spoke to some of it. So starting here, just as your economic development director but also resident, I started driving around, like, to see, ask questions of staff, the past. So this is part of -- I know we've been talking about the Avenue Merchant Association and downtown. And so unless you've been a resident for 20-plus years or you like looking at our documents, this area that's being proposed is actually part of our town center and downtown. The Town has done an amazing job along the Avenue, and so when I submitted this in December, because I think Mr. Pock shared with you, you know staff rolled up their sleeves, put this in. Obviously, there was other things that were going to come before you that have since been removed; we respect that. But in doing some of our business retention site visits, the businesses are wanting some love; and also for economic development and community and to be vibrant, we need to invest some money for our economic vitality. And not just for the businesses who are there. You guys have all seen, you guys have been residents, there's lots of vacant space. And so again, sometimes we have to invest money to get some of those folks interested. Again, as a resident -- and we talk about it being dark or open for business -- I appreciate the dark skies, but there's times that it just looks like by 5 o'clock we're closed for business. And so let's sort of light up and show we're open for business, get people into some of the restaurants that are TOWN OF FOUNTAIN HILLS Page 67 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 67 of 90 on Park View, and then help me. As I said in the economic development summit, I'm just one person, but help me create that sense of place to attract some more businesses. And then I've heard from several of you changing our demographics and really appealing to some of our young professionals. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Madam Mayor. Again, just I agree with the Mayor's concerns about this particular stretch of road, and I'm really familiar with Park View. And when you say we're open after 5, no, we're not. Nothing on Park View except for the Tap House and Phil's and the restaurant stretch is pretty much -- they now close around 5 o'clock, and there's really very few stores. There's vacant lots. There's really not much there right now. As far as Phil's and the Tap House, you know, they've got external lighting. They've got window lighting, and so it's really visible. And not only that, those are actually two of the businesses that are prospering extremely greatly. They're making a ton of money. And so I don't know if they're the ones that need the help if we're going to spend this kind of money. Maybe there's other, wiser ways we can help our business community than illuminating a street that really has few businesses that are open after dark. MAYOR DICKEY: Thank you. Vice Mayor? FRIEDEL: Mayor? MAYOR DICKEY: Oh. Hold on one sec, Gerry. Vice Mayor? FRIEDEL: Okay. MCMAHON: This is a difficult one. It's a lot of money. I do support our businesses and our business area, but not to ask an ignorant question, but it seems like there are a lot of vacant lots here. Are they all sidewalks here? I'm trying to recall, because it seems like when you walk around like in front of the Nature Store and stuff, there's not a sidewalk. It goes right to the curb. So I don't understand how the lighting would work there. Maybe instead of doing this all at once for 635, take a look at maybe doing a stretch at a time or something that is really used. I just think it's -- you know, given everybody's concerns and they keep voicing their concerns about streets, streets, streets, streets, et TOWN OF FOUNTAIN HILLS Page 68 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 68 of 90 cetera, and I understand that. Last year we put $10 million in street funds, et cetera. I would like to see these streets improve, but I just don't know how much that this would really contribute to that. So maybe halving it or something like that, I don't know. MAYOR DICKEY: Thank you. Gerry? FRIEDEL: I was just going to ask if there was an alternative plan that Amanda could look at and bring back something else? I'm not against doing something down there, but maybe as Councilmember McMahon said, there's a way we can phase that in. We've got some money in the downtown fund. Maybe we could use a portion of it to do a section at a time. But maybe there's an alternative plan Amanda can take a look at and bring something back to us. MAYOR DICKEY: Thank you. Councilwoman? GRZYBOWSKI: Oh, you want to go first? TOTH: You got this. GRZYBOWSKI: Okay. I would be okay with looking at part of it. But I'm also going to say that just like looking at the Centennial Circle and talking about moving the Five Cs and putting in the shade structure, just as I feel that that is going to help make that area sparkle when people come to look to invest in the Dark Sky Discovery Center, I feel like if we make it obvious that this is a part of our downtown area, that our landlords might be able to rent the facilities easier. Our people that have been trying to sell their property might be able to have more interest, because it does look dark. And as for businesses that close at 5 or 6 or whatever, maybe they'd stay open longer if it looked more inviting to be on that street. But it doesn't look inviting. MAYOR DICKEY: Thank you. Councilwoman? TOTH: I second everything that Councilmember Grzybowski just said. But on top of that, we had just spoken about that being used from the one percent downtown fund, and that's a balance of about $500,000. So we're looking at -- okay, I'll be generous, right? Maybe not use all 500,000 -- 235,000 for the rest of this project that's coming from money that could have been used on roads and that's money that I think we're cutting out TOWN OF FOUNTAIN HILLS Page 69 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 69 of 90 in other areas. I want to reiterate that, yes, roads are number one. This is something that's a huge issue that we have this backlog for roads maintenance. However, we do still have a town to run, and on top of that, the reason that we feel so strongly about the roads is because it's our infrastructure. Our downtown is what allows us to be able to continue improving upon our infrastructure. And this road, Verde River and Park View have gone neglected as part of our downtown for so long and this is such a great first step to connect it with the rest of the Avenue. You're absolutely right, Madam Mayor, it's right now, Park View and Verde River are nothing like the Avenue. And that's exactly why we need to do something. MAYOR DICKEY: Vice Mayor? MCMAHON: There's what? 500,000 in the downtown fund? I mean, what else do you use that money for? MILLER: Well, you'll see that there's another project -- MCMAHON: Okay. MILLER: -- a request from the business community for restrooms as well. And that's -- MCMAHON: Okay. So why don't we take a look at that too? MILLER: Okay. MCMAHON: And then -- I mean, let's just take a look at that. JACOBS: Madam Mayor, I feel like I've received good direction. I appreciate all the feedback. And so we'll come back the next round with a potential modified version. I can be creative. MAYOR DICKEY: Thank you. JACOBS: Thanks. JANOVER: Okay. This project is a Shea Boulevard multi-modal path and sidewalk. And it's a multi-jurisdictional grant application project that the Town of Fountain Hills applied for through the federal RAISE grant program that used to be known as the Tiger Grant. This project would design and construct a multi-use path along the south side of Shea Boulevard, and you can see that in red on the south side of Shea. From 142nd Street in Scottsdale to Eagle Mountain Parkway in Fountain Hills. And then on the north side of Shea Boulevard, you can see all that red in the north side, that would be six-foot sidewalk between 136th Street in Scottsdale to Palisade's Boulevard. And the project TOWN OF FOUNTAIN HILLS Page 70 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 70 of 90 would require future inter-governmental agreements to establish the federal cost share and Scottsdale's cost share, if the project is awarded the RAISE grant. And that's a very, very big if. This is kind of a long shot, but we made our application. And I want to actually thank our assistant town engineer, Andy Whistler, for preparing and working really hard on that RAISE grant. So thank you, Andy. So the MUP and the sidewalk will fill in existing gaps on the north and south sides of Shea and the RAISE grant would fund up to 80 percent of the total project, which is estimated at just under 7.2 million. Of the remaining 20 percent, the local funding split would be between Fountain Hills and Scottsdale, and that would be based upon the length of the project within each of those municipalities, so approximately 55 percent in Fountain Hills and 45 percent in Scottsdale. So the anticipated project cost share for Fountain Hills is 789,000 and for Scottsdale it's 645,000. So the estimated Town share for design, next year, in FY24, is 100,000 and then the balance for construction in FY25 would be 689,238. And resident feedback supports the project. But again, I have to reiterate that this would only happen if we get the grant. And that's, again, a very, very big if. MAYOR DICKEY: Oh, I'm sorry. Wrong one. Sorry. GRZYBOWSKI: I used to live in one of those houses just on the other side of Eagle Mountain, that you have to access through 142nd. And I'm going to tell you, I backed onto Shea. I'm going to tell you the number of people shadows that I saw walk by on a daily basis on the way to Fry's kind of creeped me out. It took a little while for me to get used to what was going back there. So I can assure you that if you look carefully there is a beaten path of people that have walked back and forth along that way. And there's also a slew of bicyclists that scare the bejeezies off of me because they insist on riding on their bike from Fountain Hills to Scottsdale. And I am a big road biker, and I would never do it. So I love this, and if we could make this happen, I think it would be brilliant. MAYOR DICKEY: Thank you. Councilwoman. KALIVIANAKIS: Thank you, Ms. Mayor. Just to be clear, would we have to spend the design $100,000 first to qualify for the matching funds? JANOVER: Mayor and Councilmember Kalivianakis, the way this works is if we get the TOWN OF FOUNTAIN HILLS Page 71 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 71 of 90 grant and we do move forward with the project, then we would, in the first year, spend the design money. So we already would know that we have the grant. So once the grant is awarded, the local match for the design would come in and we'd pay for our portion of the design. Scottsdale would pay for their portion of the design. And then the following year, there'd be the federal grant for construction. We would pay our share of the construction and Scottsdale would pay their share. KALIVIANAKIS: Okay. Because I was under the impression that we had to do the design in order to qualify for the grant. JANOVER: Councilmember, in this case we -- no, we don't actually need to have the design done. This grant would actually pay for design and construction. So even before we do a design. So if we are unsuccessful in getting the grant, we don't expend anything. We don't expend the $100,000 for design and we don't pay for anything. KALIVIANAKIS: Okay. Thanks for your clarification. JANOVER: Just a lot of staff time. MAYOR DICKEY: Grady? MILLER: Yes. This is before you because I actually went to a -- I attend the MAG management committee every month, and both City of Scottsdale and the City of Tempe had other heavily pedestrian types of projects very similar to this. Not at this location. Like, Scottsdale's wasn't here. It was actually in their old town area and Tempe was in, kind of, near the Mill Avenue and kind of a linkage over by the town lake. And I just thought, you know, this has been uncompleted for such a long time and it is heavily utilized. When you look at that multi-modal path, I see people every time I drive by there using it. And my thing is, if we don't get the RAISE grant, there's other funding opportunities. In fact, I think we could probably get some federal closeout money, which we have been able to use. And there might be some other federal grants. So my take on this is I think this is a win-win because there's nothing that we're going to put out any money on. And to the Councilmember's question about the design and having to pay the design, yes, we have to do that frequently with other projects, but for this particular one, we would not have to do it. And the good news is we might be able to -- because we actually have this identified in the active transportation plan as a walkable section of that plan, that we TOWN OF FOUNTAIN HILLS Page 72 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 72 of 90 may be able to get some other grants. It opens the door to grants. And so I think this is just a wonderful thing and I think we have a good shot, if not at the RAISE grant, other funding opportunities. MAYOR DICKEY: Vice Mayor? MCMAHON: I think this is a great idea, because I live at Eagle Mountain and I see a lot of people walk and they stop at the light there because some of them don't want to walk down that path. But often in the spring and stuff, there's a lot of people. When I was training for half-marathons, I'd be walking down that hill and it would be scary. So I think this would really be a great opportunity to get these funds and open up from -- coming into Fountain Hills and having the appropriate safe sidewalks. So thank you. JANOVER: The next project is the Panorama Drive spring pump electrical upgrade. So this project will design and construct electrical upgrades to the existing pump that's out there at Panorama Drive and that will just allow that existing pump to operate at a higher pumping capacity. So we're looking to do is change this from single phase to three-phase electric, coordinate with SRP on the electrical upgrade. And that will ensure that the pump is able to divert all that subterranean water, spring water, back into Fountain Lake and minimize the waterflow onto the tribal land. So that's what that's for. And we're asking for $100,000 to coordinate with SRP on the electrical upgrade design. This is a video surveillance cameras. Again, this one of those things, again, we would come back every year asking for this. But it is listed as a multi-year, $75,000-per-annum request. So under this program the Town would purchase and install video surveillance cameras at the various Town-owned facilities and buildings. We've seen an increase in vandalism over time at our facilities, and having these additional surveillance cameras could deter vandalism and, in fact, provide video evidence should vandalism occur. And it has actually provided a valuable tool to staff and to law enforcement in identifying some of these vandals at our facilities. So we are requesting to continue the annual allocation of $75,000 for video surveillance cameras. Okay. This is Fountain Hills Boulevard and Palisades Boulevard. So in fiscal year '21, an evaluation of the intersection geometry here and a level of service was performed. And based on the findings of that assessment, this project would consist of the optimization of the single timing for the existing traffic signal that's there and will replace TOWN OF FOUNTAIN HILLS Page 73 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 73 of 90 the curb ramps. Now, to reduce the intersection delay that we see there, this project will also implement a left-turn permissive phase change. Right now, we just have protected lefts on all of the movements. This would actually allow for protected and permissive phase-to-the-left turns. So left turns from all approaches would be allowed during the green phase whenever there were appropriate gaps in oncoming traffic. So what that will do for us is that will reduce the buildup of left-turn queues and allow more vehicles to make their left turns during the cycle. Now, to support the permissive left-turn phase, we need to make physical median improvements to the intersection. And that's in order to improve the sight distance for the left-turning vehicles. Right now, we have what's called a negative offset. So when you're in your left turn lane, and there's another opposing vehicle coming in the other direction, in their left turn lane, the alignment is such that you cannot see past that vehicle to safely make your left turn. And the same thing goes for that vehicle. So what we need to do is, we need to align those and make what's called, either, a neutral offset or a positive offset, so that you can easily see past that opposing vehicle so you can make your left turn and they can make their left turn, safely. So the project will increase the overall intersection level of service and the design is slated for fiscal year '24 at a cost of 90,000. And then, we would follow with construction in the following year, FY25, at a cost of 200,000. And we do intend to apply to HSIP funding to offset our construction costs. Sorry, I'm getting ahead of myself with my crazy here. MILLER: I just want to let the Mayor and council know there was councilmembers who were actually on the pedestrian and traffic safety committee. This has been addressed before. We initially gave it -- I believe was it a year, or was it two years? I think it was two years. We adjusted the timing on the light as a lower cost alternative and we tried that. And it did help improve the stacking and such that occurs with that light, but this is really -- after having done that, this is really the safest and best option here. And trust me, we tried adjusting the timing which was basically a no-cost option or a low-cost option. And this is one we believe we have to do because it's just really improving the safety at this intersection. JANOVER: Thank you. TOWN OF FOUNTAIN HILLS Page 74 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 74 of 90 Okay, so this is Saguaro and Kingstree intersection drainage improvements. For this project we would be looking to design and construct improvements to address an existing drainage condition that we have just south of the intersection. And improvements would consist of some newly constructed sidewalk scuppers on both sides of Saguaro Boulevard that would allow the stormwater to run off and flow more efficiently from Saguaro Boulevard into the scuppers, onto the sidewalks, leading to the Jacklin Wash below. Historically, the water has taken up to several hours to drain from this area and it's been unpassable after numerous high-intensity storms. So this project would substantially reduce the flooding and the required time to drain that stormwater from the roadway. And would improve the safety of vehicles that are trying to pass through that intersection and reduce the risk of vehicular damage from those floodwaters. So we are requesting $165,000 for design and construction next year. Okay. Okay. Palisades Boulevard and La Montana Drive. So this intersection has experienced numerous crashes over the years and that sort of concerned staff. It's currently stop controlled on all four approaches. The project would include the design and construction of intersection improvements that would be determined based on a recommendation from an intersection analysis that's currently underway. So we don't know what those recommendations are yet. The improvements, whatever they might be, are intended to enhance safety for vehicles and for pedestrians and bicyclists. The analysis is going to determine the nature of the improvements which might include either a traffic signal or a roundabout or something else that, again, we'll take a look at and evaluate. Whatever the recommended solution might be, it's going to be brought to the pedestrian and traffic safety committee for their input and approval prior to bringing it back to the full council for your approval. It's anticipated that the project will qualify for federal grant funding, whatever that might be, because it is a safety issue. So design is proposed for FY24, for next year, for 150,000 and construction for the following year, in FY25, for 1.5 million. And again, these numbers are high-level estimate kind of placeholders for now. They will be finalized during the procurement and the design process. Again, this is a safety issue that we want to really address. TOWN OF FOUNTAIN HILLS Page 75 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 75 of 90 MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Justin, what do you anticipate the federal grant funding would be out of that 1.5 million? JANOVER: That would be once we get into the design, do the design, that's when we would actually take that and get the cost of whatever that engineering construction cost would be, the estimate for the actual construction. And then with that information, we would actually apply for the grant. So the grant might be one extra year in the cycle, depending upon the timing of when we can get the design done. KALIVIANAKIS: Would the grant pay for the lion's share of this project? MILLER: Yes. JANOVER: Yes. MILLER: And I also want to get back to as well, Council, and that is whatever comes up with the design, usually there's a menu of design options. And those will come back to you to make a decision. So it's not like staff will just go ahead and input in whatever the design is in the following year's CIP. Council will get to weigh in on the design options as well. JANOVER: Okay. This is a landscape beautification for Calico Drive. This is in response to resident feedback and would replace the existing natural landscape and flora on the south side of Calico Drive between El Pueblo Boulevard and Del Cambre Avenue with new landscaping, groundcover, irrigation, trees, vegetation, et cetera. Beautification is proposed adjacent to the Ashbrook Wash on the northern shelf of the wash. And it would improve the overall esthetic of the streetscape of Calico Drive. And the design would also consider biophilic plantings. So with that, the design would be 75,000 and construction in the following year for 750,000. TOTH: No. GRZYBOWSKI: I'm also no on this particular thing. I even discussed it with our MMPC chair and his first thing is you're going to water plants? No. JANOVER: Okay, I'm a little sketchy on the direction. Okay, thank you. Okay. So this is the unsignalized intersection streetlighting program. So this project was actually suggested by Councilmember Kalivianakis. Consisting of overhead TOWN OF FOUNTAIN HILLS Page 76 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 76 of 90 streetlighting at unsignalized intersections and typically here in Fountain Hills, the only streetlights that we have on our streets are at signalized intersections, while the remaining unsignalized intersections don't have any streetlighting. The streets become very dark at night. The project would install Dark Sky compliant LED streetlights at unsignalized intersections over time. And these, again, would have to be looked at and locations would have to prioritized. Streetlights would need to be powered by an electric source, and that's why we're seeing such a high cost. And those electrical sources, that all has to be coordinated with SRP. Each intersection would require trenching and installation of conduit, tying into the nearest electrical source, and could cost in the range from 100,000 to 125,000 per intersection, if we go with, obviously, the electric lights. Depending upon the location and the amount of trenching that's required, that's really going to drive that cost. So we are requesting $125,000 per year. That would focus on the design and installation of streetlights. That might cover one intersection per year. MAYOR DICKEY: Vice Mayor? MCMAHON: Okay. I have difficulty with this because we have so many unsignalized intersections. I don't even know how you would begin to select them. I don't even -- I mean, talk about perpetuity; this would seem like it would be something that would have to be done in perpetuity to keep it up, to involve SRP, et cetera. We also are recognizing Dark Sky town and most of the people or a lot of the people, excuse me. Not most, but a lot of the people live here because of the fact that there's not a heck of a lot of lighting everywhere, et cetera. I mean, I live in Eagle Mountain and it is dark. But at the same time, I just don't see how this can be put practicality, even at a 125,000 a year, it might be more than that having to dig up and SRP et cetera. So I don't -- I'm not part of this one. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Justin, when I was putting this program together, me and you had discussions about possible solar lighting. Like, I think it was 8- or 12-foot poles. Could you discuss if there are other options to this program that is on our agenda tonight? WELDY: Madam Mayor, Councilmember, the discussion that we had certainly included what would be solar lighting. There has been internal discussion and it has been TOWN OF FOUNTAIN HILLS Page 77 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 77 of 90 determined that solar lighting may not be as reliable as the standard AC-powered solar lighting. I've not had a chance to check on that. So to be on the safe side, we simply put it as showing as being connected to AC. MILLER: Now I'll be honest with you, a lot of that was coming from me, and the reason for that is a lot of these pedestrian and crossing points that we've had that have been solar, we've had those go down. And it takes many weeks to get those back up again. And so if these are being relied upon for people to cross safely in an intersection, it's different -- you know, solar, you can use solar in a lot of different ways. You can have like floodlights on, the signs and such, monument signs as you come into town. But these are really important. The reasons why we're doing this is to improve safety. I sincerely believe that the electric cost cost more on the frontend of these, but over the life of the poles, they're going to be less than solar. Solar -- and I'm a big fan of solar. Trust me, I am. But I believe on these, I think there's a lot of issues that we're still having. Also, the solar, with the battery packs that are charged here, the battery packs just don't hold up in the heat of Arizona. And so while this is a shocking cost versus what it would have been, I think over the life of the poles, I think you would have seen that they would have been very similar versus just going initially at cheaper cost with the solar. So we have these hot lights over here off of Avenue of the Fountains, over by the Havenly. How many weeks was that out when that went out? WELDY: Not including right now? MILLER: Oh, is it out right now? Okay. Sorry, I wasn't trying to put you in an embarrassing spot. WELDY: We have faced challenges with that particular one, which is actually under the warranty of the Havenly. So ever since it has been turned over to the Town, it has not been functioning and there's been a lot of issues primarily with the software which is proprietary and not from this country. We're working -- when I say we, the manufacturer's representative is working to resolve that issue; however, it is a lot more complicated than we would have the time or I would be able to explain tonight, tomorrow, or next week. But we're working to resolve it. MILLER: I also just wanted to address one other point. And that is these would not be something we would be putting randomly at different places. I think what we would try TOWN OF FOUNTAIN HILLS Page 78 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 78 of 90 to do is put together a plan where we would likely try to put these in the town center where we have these crossing areas. So it's going to be maybe, Verde River as an example, where people don't have adequate lighting to cross or it might be on Park View. The point is, it's going to be where you have more foot traffic than typical. It wouldn't be in typical neighborhoods, I think. It would be maybe only if the neighborhoods were at a very busy footpath area. Like maybe -- and I don't know. I'm just thinking maybe like Kingstree and Saguaro or something like that. But anyways, this is why we went for the electrical option. If the council wanted to go and direct the staff to go with the solar option, you can certainly do that. But I was thinking based on cost estimates, what they came up with, if you look at the life of the poles, you're going to be at equal cost over the life of the poles. KALIVIANAKIS: Okay. Thank you, Mr. Miller. Yeah, just looking at this picture, that does not look like a Dark Sky compliant light. That looks like a unshielded globe. Certainly, very disappointing from what I had envisioned. I thought that solar technology had evolved beyond being deemed as an unreliable source of power. The way I had envisioned this was, this could like be turned off maybe at midnight. We don't need them on all night long. Again, downtown area, feeding to downtown area, 8-foot poles, maybe 12-foot poles with solar toppers. The estimated cost at that point was around 8,000 per pole. It included the light and you'd probably need two at each intersection. So the cost would have been more like $16,000. And I thought that would be economically feasible. To suspected risk intersections, again, for safety. But if this is the direction that we need to go for safety, then I would be a no against my own project. MAYOR DICKEY: Sorry. Go ahead. SKILLICORN: Thank you, Madam Mayor. One thing that we could possibly think about is do more research. Shelve it. We can amend it to $16,000 an intersection, and if we can't do that, we can't do that. But if all of a sudden we find something that works for us that could do it, that would give us the freedom to try or -- you know, whatever that number is, right? Maybe we should do a little more homework on it. Maybe we could have a little less shock and awe price tag, right, and still leave something in there and have some possibility. And knowing that TOWN OF FOUNTAIN HILLS Page 79 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 79 of 90 maybe the technology is not there or we might be shopping the wrong country. But maybe there's something here that can do it, you know, built here, that could do it too. So possibly. MAYOR DICKEY: I was going to suggest that. Possibly it has something to do with where we got them from or not country-wise but what the company is and more reliable source for solar and also -- Sharron, you're ready to speak. I just wanted to say that the idea of it being a yearly kind of thing is not something I am in favor of. Not because of the expense or whatever, but I don't think, and I wouldn't want that many that we would have to be doing it every year. I mean, I would really want to know specifically which intersection we were going for. I mean, you just -- when you said Kingstree, you know, I'm like, there's a lot of apartments and condos around there, and I think once we started this, we'd have some public input that we would need to get too. So again, I would think that there would be reliable solar somehow and it wouldn't cost this much, and limit where they are, like to the downtown and such. Sharron? GRZYBOWSKI: I don't like a traditional streetlight. I'm kind of into the eight-foot height kind of thing, just for the eyes and for the Dark Sky community. And Grady's right. Solar really has come a long way, but the battery is the problem. It's sitting out in the elements. We had a battery in my garage in the house that we just sold, and in the garage it was safer than it was outside, and we still had an issue and had to have it replaced. So they're still working really hard on the technology. It might last the five hours that we need to get to midnight. But then how do you tell the public the lights turn off at midnight? When you're relying on exterior lights, I think it just needs to be on all the time. I don't know that you can have a timeline for it. Anyway, I think it's brilliant idea and I would love it if we could pull it off in solar. MAYOR DICKEY: Thank you. Vice Mayor. MCMAHON: I have a question, please. You guys are talking about the curb ones and it sounds like it's difficult even to maintain them, much less -- and staff having to work with them, et cetera. I mean, I just don't -- I'm questioning the practicality of this and how intersections would be selected. And given what you guys -- I observed you say about TOWN OF FOUNTAIN HILLS Page 80 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 80 of 90 the solar, et cetera, it just seems like may not be worth it and this money may be better spent elsewhere. I don't know. I'm asking. JANOVER: We can certainly do a bit more research on that. I think we have some direction. And full disclosure, that photo on the left was not intended to be -- that was just -- it was literally a Google search of a streetlight without a traffic signal. Intersection, streetlight, without a traffic signal. It was kind of hard to find one and this orb showed up. Thank you. Okay. I think we're going to start seeing things go a little bit faster now. So we're getting into our facility projects. So these are kind of no-brainers. Town hall fire alarm panel and device upgrade, community center interior lighting upgrade at 200,000. I'll go into a little bit more detail on that one. So that project would upgrade the interior lighting at the community center and it will be determined if the existing electrical control panel could be upgraded or if it needs to be replaced. The original interior lighting at the community center shows its age. It's got cracks and discolored lenses. It's out of date and the control system is also original and future failures are going to be very difficult to repair based on equipment obsolescence. So it's imperative that we get that lighting upgraded at the community center. MILLER: And Dave, SRP also has some sort of rebate programs on the interior lighting as well. JANOVER: We'll make sure that we go for that. Thank you. Council chambers patio shade structure. So that would design and install a new patio shade structure right out here by the exterior entrance to the council chambers. The proposed shade structure would promote the use of exterior public space on the town hall campus for use by the public and by town employees. MAYOR DICKEY: As long as it's by council chambers. Self-serving and (indiscernible). MILLER: West patio. WELDY: Without going into a lot of detail, it's actually a level of security that we currently do not enjoy for this chamber. Can you see out there? They can see in here. We had a recent -- not very long ago there were some unhappy residents that chanted TOWN OF FOUNTAIN HILLS Page 81 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 81 of 90 from outside of that door and we were unable to see them, and in fact, the sheriff's office had to go out there and ask them to move. So the intent is that we are simply -- and this has been multiple years we've discussed it -- providing an element of safety. I sent to the town manager a photo of myself standing from out there, to someone standing right here and you could not see me in that door when I did it. So this is a level of safety that we're recommending in regards to the shade structure. TOTH: I do remember a couple of years ago, what you're referring to, Justin. But I haven't seen anyone out there since. And I'm also going to throw out there that I don't see that being a space that's used for events. This is the town hall campus. This isn't the community center or an event space. $175,000 shade structure, I don't know how long we'd have to wait before we showed our face to the residents again. I mean, it is right outside the council chambers and I really do think we'd get laughed out of the room. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah. I'd be a no on this one too. I do recall that event when people were chanting outside and that just seemed like a peaceful protest to me. And as a -- MAYOR DICKEY: It does to me . KALIVIANAKIS: Well, there were people chanting outside and there was no violence. And so that's living in America. MAYOR DICKEY: You weren't sitting in here. KALIVIANAKIS: No, I was actually out there. MAYOR DICKEY: Oh, that's okay. But go ahead. KALIVIANAKIS: And I was the one that talked to the sheriff's deputy and said we have a right to be here and they walked away, and they let us continue our protest. So anyway, I just think this is a waste of money and I'd like to be a hard no on this one. MAYOR DICKEY: Thank you. So I -- looking at it, I wasn't thinking of it in terms, but now that you've reminded me that it did have to do with the glass and that kind of stuff, it's not just for the shade. But again, it's a council chambers but it's not an area that council uses. But I assume staff uses it; is that correct or not? JANOVER: Mayor, it's not really utilized at the moment is my understanding. But it would hopefully invite employees to use that. I think it's a -- when it's proper weather for TOWN OF FOUNTAIN HILLS Page 82 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 82 of 90 such. MAYOR DICKEY: Okay. Well, you know, calling it a patio shade structure, maybe it's more than that, but I'm all for the security part. In fact, you know, we've had people ask us to do more here for security during council meetings. So if that has kind of double or triple duty, then I'm okay with it. Vice Mayor? MCMAHON: Yeah, I'm for it too. Having sat through that -- that was pretty scary. And it was -- I mean, yes, people were loud. I'm not going into the protest aspect of it. I'm not going to waste my time on that. But I do think for safety reasons and also this is the town staff's campus, for lack of a better word, and if they can utilize that more, that space more outside and really use it and have lunch, et cetera, out there, I mean, when weather permits, I think that it would be a good idea. MAYOR DICKEY: Thank you. Councilmember? SKILLICORN: Thank you, Madam Mayor. FRIEDEL: Mayor? MAYOR DICKEY: Oh. Just one sec, Gerry. SKILLICORN: I don't mind letting him go. I look at the price tag. It's pretty -- it's a lot. I wonder if there's a less expensive option or waiting till next year. I think we should bend over backwards for staff. You know, we appreciate them. But it's a big price tag. It's not full sun all day, and maybe it's not a full sun at all. But it's a big price tag. I wonder if there's a less expensive option. It's a very small square footage also. MAYOR DICKEY: Thank you. Gerry? FRIEDEL: I was just going to say that I think maybe there's an alternative. Because I'm a pass on 175 grand. But if there's an alternative we can look at, I'd be all for that. MAYOR DICKEY: Thank you. Councilwoman? TOTH: Just out of curiosity, I am still a no on this, but going off of Justin's safety argument, do you have a mockup of what that would look like? Because I'm -- it's a little hard for me to imagine how that's preventing people from holding a peaceful protest TOWN OF FOUNTAIN HILLS Page 83 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 83 of 90 outside of the building? WELDY: It would be nearly identical to the structures that appear on the north side of town hall. So we have some iron structures there. The difference is this structure would be slightly lower, and again, the intent is to block the direct view from off of this campus from La Montana or anywhere along the adjacent area to the post office. I don't want to be misleading here. I'm one of the very few staff members that use that area and it's for a personal reason. I go out there to use my Juul. This was just intended for safety because we cannot block those doors. They're exits. So our only other option is to put solid doors there. So it's no longer an option in the event that anyone wishes to do harm to this elected body. That's the only reason for this. We didn't want to go into that level of detail. I'm not one that likes to plant ideas. This is just based on an assessment after that occurred and from social media and other threats that came in after that. My preference would be, wall it off with block. Very, very few, if any, council chambers, period, have a huge glass wall along one side. We're just trying to provide an element of safety. Another option is to change the doors and keep the curtains closed. MAYOR DICKEY: Thank you. Grady? MILLER: Yeah. We actually had MCSO do a safety assessment of the entire building. And one of the things they looked at was this room here. And, I think it was Sgt. Debone actually came up with that this could be LEXAN glass. Well, I can't even imagine what LEXAN glass would be, that whole wall. So it would probably be in the hundreds of thousands of dollars versus what's being recommended here. So what's nice is this architecturally would match the rest of the building. If the desire of the council is for us to go back and look at some other alternatives, we could do that. I think this is something that is a really good, easy fix and I think we can always be working on the doors and things like that as well, as we look into this, maybe next year. MAYOR DICKEY: So now you're going to put it off till next year? MILLER: No. I was just suggesting, if the council is okay and it looked like maybe we had consensus on this now, we could also look at the doors at a future time as well. MAYOR DICKEY: Oh, got you. Okay. Thank you. TOWN OF FOUNTAIN HILLS Page 84 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 84 of 90 JANOVER: Thank you for the direction. The next one is the Maricopa County Sheriff's Office locker room renovation. So that project will renovate their locker rooms. The locker rooms are original to the town hall 2005 construction. And the finishes and the surfaces are worn and deteriorated to the point of needing to be replaced. The substation operates 24 hours a day, seven days a week. It's subject to a great deal of wear and tear. And the tiles are coming lose to the point of needing replacement. So we're asking for $125,000 for that locker room renovation for the sheriff's office. MAYOR DICKEY: Councilmember? SKILLICORN: Madam Mayor, just good flooring or anything? I just want to make sure that our deputies are taken care of and we're not -- no health issues with that or anything. MAYOR DICKEY: The final project on this particular slide is the replacement of chiller number 3 compressors in town hall. So there are two compressors as part of chiller number 3. They're original equipment that was installed in 2000. Chiller number 2 is also original but they had both their compressors replaced recently. Chiller number 1 was added several years later. And the chillers are responsible, for those of you who don't know, for providing chilled water to campus buildings, providing cooling in hotter months. And we need three operational chillers and it's critical for providing redundancy to avoid unnecessary HVAC failures. So these are very large, complex, and expensive machines and they often require long lead times on replacement. So we want these to remain in operation. The replacement of the chiller number 3 compressors is critical for the environmental control of the town campus. That's 110,000. MAYOR DICKEY: Thank you. JANOVER: Okay. This is the town hall campus exterior lighting and electrical upgrade. So this is a two- year project that would replace the outdated exterior lights that we have on the town hall with new LED lighting where brightness and colors could be modified to commemorate holidays, special events, et cetera. We'd also install some new landscaping and granite mulch and address the landscape repair and replacements campuswide. So the new lighting will conserve energy and provide us with better lighting across the entire campus TOWN OF FOUNTAIN HILLS Page 85 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 85 of 90 and the landscaping will create a welcoming environment. Design would be 20,000 and construction would be a split of $275,000 over two years, so 137,500 each year. KALIVIANAKIS: Ms. Mayor, I'm sorry. I don't understand. I've got town hall campus exterior lighting and then electrical upgrade $295,500? JANOVER: Yeah, there was a mistake on that slide. It was -- KALIVIANAKIS: Oh, it would be 157,500 per year? JANOVER: No. It's 157,500 for the first year, which includes 20,000 for design, and 137,500 for construction for the first year. And then second year would be just 137,500. MAYOR DICKEY: A two-year project? JANOVER: A two-year project, correct. KALIVIANAKIS: And you said those are outdated lights. Were they originally installed in here? They're the original lights? Or when were they installed? JANOVER: These are the original lights that were installed when the facility was built. So these would be addressing all those lights and upgrading them. The next project is the town hall campus entrance column repairs. So both the northside and the southside entrance of town hall have these flagstone-lined columns that we see every day when we walk in. So many of these stones are now coming loose and they actually represent a potential hazard, public hazard. Potential options to address the issue. Okay. Potential options to address the issue include repair of the existing stones or removal and replacement with new stones, removal and replacement with a completely different material or remove and stucco. So we're going to be looking at those different options. But this project nonetheless will eliminate the potential public hazard, and that would be $150,000. That would take care of both the north and the south entrances. This project is a public restroom facility on the Avenue of the Fountains. So there have been requests from both business owners and visitors for public restroom facility on the Avenue. There exists Town-owned land on the south side of the Avenue, immediately west of Georgie's, and that might serve as a possible site for a future restroom. So this project would involve the planning, the siting, and the design for a public restroom facility next year, in '24, and then for construction in the following year, in '25. TOWN OF FOUNTAIN HILLS Page 86 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 86 of 90 These are high-level planning numbers. So 35,000 for design and 150,000 for construction -- high-level planning numbers, and if it's approved, staff would refine these costs and provide potential design options to council with input from design professionals. But what we're showing here on the lefthand side is what's called the Portland Loo. These are being used in San Francisco. They've installed a bunch of these and they're single standalone restrooms. So we could put one or two of those on the site. The site is actually shown on the righthand photo. But that is one possibility. Or we could also do an actual building, a facility like you see at the parks and things of that nature. So we'll have a number of options that we can discuss. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. It seems a little pricey. I was just thinking, would it be possible to pay for this program from like development fees from Park Place phase 2 and 3? JANOVER: Yes. I'm sorry. I failed to mention that this would be coming from the downtown fund. KALIVIANAKIS: Okay. JANOVER: That would be the source of the funding. KALIVIANAKIS: Okay. That's great. Thank you. MILLER: And something that is a possibility is, instead of constructing, because I think constructing restrooms might actually cost more than buying prefabricated modular buildings that could be dropped into place. We've had some very good luck with our parks with going that route. MAYOR DICKEY: The less I talk about restrooms, I was joking earlier about, I've been kind of talking about pet relief stations along the Avenue for a long time. So now that we're talking about this, I also want to bring that up and that's something that I think we could do too, just another amenity. We have our music in the median and we have kids with blankets and people that want to sit there, and I just think that this might be something we could also do while we're kind of fixing things up down there. KALIVIANAKIS: Could you just elaborate on that. I'm not too sure about that. MAYOR DICKEY: Pet relief stations? TOWN OF FOUNTAIN HILLS Page 87 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 87 of 90 KALIVIANAKIS: Yeah. MAYOR DICKEY: It's like a place to bring so that the entire grass median is not a pet relief station. KALIVIANAKIS: Would they have an area that they could take the dogs? MAYOR DICKEY: Yeah. You see them in other parks too. But I don't know what this would actually look like. But we'll just keep working on that part too. KALIVIANAKIS: I think it's a great idea. MAYOR DICKEY: Sharron? GRZYBOWSKI: There's actually plenty of space in this exact site if you wanted to do that mobile unit and the pet area beside it. Okay. So that aside, my original comments were I'm a little worried about Georgie's and how they're going to feel about that. It was originally brought up in conversation because of the Wednesday art and the farmer's market. And I know that they've been concerned. That being said, I kind of feel like they wish the bathroom would be closer because they're on the other end of the Avenue. My answer to them has always been, well, town hall is open during the arts on the Avenue and during the farmer's market. And it's indoors. so that being said, I love the concept. I've seen them out on the street. I think it's brilliant. But I don't know that at that location is the right spot. It's literally, what, 25 steps more to get to town hall. So maybe can we do a pulldown gate like they do at the bottom of the steps and leave that portion of town hall open? I mean, I just -- first of all, I think that would be better for the Georgie's people. And it would give more than one bathroom. Anyway, it's also probably a little less expensive than the pod or whatever that's called. MAYOR DICKEY: Councilmember? SKILLICORN: Thank you, Madam Mayor. I will echo Councilwoman Grzybowski's thoughts about, you know, location, maybe not the best. It's a fabulous idea of using town hall. Maybe there's a wayfinding sign. KALIVIANAKIS: It's exactly what I was going to say. Wayfinding signs for restrooms. SKILLICORN: But I actually am supportive of some sort of facility. I don't know if this is the right location. I really have a vision of Avenue of Fountains not being used a couple of days a week, but continually. I think that the more people are coming and TOWN OF FOUNTAIN HILLS Page 88 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 88 of 90 using that it builds more -- you know, this vivacious center of town. It brings people to the businesses. I think it's really special. More community events there. And I think some sort of restroom might be a great idea. The location, I don't think, is the best and the pods and stuff. I mean, just keep an open mind. JANOVER: Absolutely. And I just want to mention that siting would be part of the design. This was a site that was looked at primarily because the Town owns it. But there is another site, a possible site across the street, that we don't own. We'd have to probably enter into some kind of an agreement. But there are other -- there might be one or two other locations on the Avenue that might work as well. But this was just the one that was kind of chosen because it's -- we already own that property. It's under our control and we can put both pet and human relief stations there if we wish. Anyway. I seem to have some direction on that. So I'll move forward. And now we're really going to get -- now we're going to finish up. MAYOR DICKEY: Okay. Because I was going to say, if this cannot have to happen tonight, I'm up for that. So -- JANOVER: We are literally -- now I'm at the -- I'm literally at like the last, I think, four projects. MAYOR DICKEY: Okay. thank you. MILLER: And we should really -- these will be really quick. These are already projects that council's authorized, at least the BRIC grants, right? JANOVER: Yes, correct. Yeah. MAYOR DICKEY: Okay. JANOVER: So we're looking at the outer year projects. The first one is McDowell Mountain Road culvert crossing and Escalante Wash. You might remember that the Town applied for federal grants through the building resilient infrastructure and communities program. We did that several months ago. And we were looking to address three low-flow crossings by converting them to culvert crossings. Now, the first one here is McDowell Mountain Road culvert crossing, and if the grant is awarded, it will provide a 75 percent share of the total cost of the project. And while the Town would provide its 25 percent share. So the preliminary high-level total-project cost is 2.5 million with a federal grant share of 1.875 million and the Town contribution is 625,000. So if we're TOWN OF FOUNTAIN HILLS Page 89 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 89 of 90 awarded the grant and only if we're awarded the grant and the project moves forward, the Town would then apply to the Maricopa County, the flood control district to further get another grant to help us with our share and get 75 percent of that taken care of. So there was a lot of love for that idea when I first presented this several months ago. So we're still doing our report on that one. So with that we're looking for design, our share of design of 50,000 in '25. Again, this is not next year but the following year, and then in '26 construction would be 575,0000. And again, we'd be looking to get that number down even further with the SPAP grant from the flood district. This is a similar -- this is the second project, Del Cambre Avenue culvert crossing at Ashbrook Wash. Pretty much the same thing. Our share of design in FY25 would be 25,000 and our share of construction would be 237,500 in FY26. And then this is the third one which is El Pueblo Boulevard culvert crossing at the Ashbrook Wash. And this one, again, 25,000 in '25 and 303,000 and change in FY26. And this is the final project. This is the Fountain Hills Boulevard Legend Wash crossing and this is essentially the same kind of thing. We're looking to -- we anticipate applying -- we haven't applied yet. We looked to apply to the flood control, again, for another SPAP grant. And that would design and construct the drainage improvements here, again, to elevate the roadway and have a culvert crossing or some pipes or something underneath to bring the stormwater under Fountain Hills Boulevard, eliminate that drainage issue. So with that very preliminary high-level project cost estimate is 1.3 million with Town expenditures of 50,000 for design in '25 and 275,000 in FY26. So with that, that takes us to our summary of our projects. Anything that has an asterisk next to it denotes the Town's share of the grant of the larger grant. So this goes through all the stuff that I just went through, three slides' worth of projects. And I'm getting very tired. So that brings us to a total ask for FY24 of 4.867 million. And of course, we will take into account all the changes that we're asked for and all the direction that was given, and I appreciate that very much. Looking at the outer years, same thing. And this includes the programs that, again, we would come back every year to get authorization for from this council. So when you see the things going out one year after the other, we would have -- that's not TOWN OF FOUNTAIN HILLS Page 90 of 90 MARCH 14, 2023 SPECIAL WORK SESSION Page 90 of 90 just automatic. It's something we would ask for each year. And so with that, the way it's programed right now, based on this presentation, 4.6 million in '25, 2.36 million in '26, 975,000 in '27 and 900,000 in FY28. Subject to change every year, as we come back. Thank you. MAYOR DICKEY: Thank you so much for all your work, and I know we're going to leave. But I just want to say every time you said the word grant it represents a whole bunch of work by our staff and from all of us who go out and find out about these things and kind of send those, so we really appreciate that so much. We got so much value. Grady? MILLER: I think that's it. I really appreciate the direction we got from you. We weren't anticipating that it would take this long. I thought it would really go through much quicker, but I think it was a good session. So thank you. MAYOR DICKEY: Definitely. All right. Thank you, everyone. We're adjourned. Having no further business, Mayor Ginny Dickey adjourned the Special Work Session – Capital Improvement Projects of the Fountain Hills Town Council held on March 14, 2023, at 9:28 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 14th day of March 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd Day of May 2023. _____________________________ Linda G. Mendenhall, Town Clerk TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL March 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 Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Attended Telephonically: Councilmember Gerry Friedel Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately thirty-two members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 1 of 54 Post-Production File Town of Fountain Hills Town Council Meeting Minutes March 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 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 2 of 54 MAYOR DICKEY: Good evening, everyone. If you would like, please stand for the pledge and remain standing for the invocation. ALL: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Thank you. We have Rick Ponzo here from Calvary Chapel. PASTOR PONZO: Good evening, Mayor, Vice Mayor, Council, and staff. Thank you for having me back. Lord, we thank you for this evening. We know that You are able to give wisdom beyond our imagination, so Lord, we pray for that wisdom. We pray for clarity. We pray for vision. We pray for understanding. As decisions are made here tonight, we pray that they would be the best decisions for the interests of our community. Lord, we pray for our first responders. We pray that You would bless them and keep your hedge of protection around them in the name of your only Son. Amen. ALL: Amen. PASTOR PONZO: Thank you. MAYOR DICKEY: Thank you. Roll call, please?. MENDENHALL: Thank you, Mayor. Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor McMahon? MCMAHON: Here. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Kalivianakis? TOWN OF FOUNTAIN HILLS Page 3 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 3 of 54 KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. DICKEY: Thank you so much. Our first item, as always, our reports from Mayor, Councilmembers, and Town Manager. Grady? MILLER: Yes, Mayor. I just had a few words I wanted to say. As many of you know, tonight is my last night. This will be my last, I should say, council meeting. And I just wanted to express to the council that I'm very grateful for the Town Council appointing me to serve as Town Manager, Fountain Hills. During the past eight years, I've truly enjoyed working with two dedicated mayors and several councilmembers, incredibly talented department directors, hardworking employees, and a highly engaged citizenry. I'm leaving Fountain Hills with great memories and the knowledge that I did my best in contributing to the overall quality of life for residents of Fountain Hills. I wish all of you well and I wish interim Town Manager Rachael Goodwill [sic] -- excuse me, I wish interim Town Manager Rachael Goodwin and our staff every success. Thank you. MAYOR DICKEY: Thank you. Councilwoman? TOTH: I just want to say, Grady, thank you for everything you've done for our town in the past few years and we will miss you. Thank you. GRZYBOWSKI: I attended the Irish Festival, I guess it's two weeks ago at this point. And of course, the League calls. The Chamber had a great State of the School [sic] with Dr. J last week, if I remember correctly. It's been within the last two weeks for sure. And that's always great to hear. I took some really good notes from that. And I'm also excited that the Town of Fountain Hills is a part of the Smithsonian TOWN OF FOUNTAIN HILLS Page 4 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 4 of 54 National Museum of Natural History's exhibit called Lights Out: Recovering Our Night Sky. If you haven't heard anything about that yet, you can see a news blip about it on the town website. You can see it on the main page. And I don't want to not say anything to Grady. He knows that I appreciate him. He and I have already had a nice little chat. Thank you. MCMAHON: Good evening, everybody. I attended the Youth Drug Coalition [sic] annual luncheon for the essay awards given out to a few of the students at the high school. They were excellent essays. They were about how social media adversely affects them, so impressive. We have invited them to share their essays at our next Cares forum about mental health and that's on April 20th at the Community Center. It's at 6:30 and we hope you all attend. Thank you. Also, I did attend the Irish Fest. I volunteered at the Town Table and that was really fun. Also, we had a Dementia Friendly Committee meeting. We're still working on the application to become a Dementia Friendly Town and we look forward to that happening really, really soon. I also attended the Valley Metro Board of Directors meeting and we are working with the legislature to get Proposition readied and passed, so that hopefully it will -- Valley Metro will remain receiving 40 percent because that's what it needs to operate. Munch & Music was last Friday. That was in the Community Center. That was an excellent concert, very, very well done. And also Fountain Hills Day. That was a great success, I think. It was really, really good to walk around and speak with all the business owners and see how excited they are about showcasing their business. In fact, I would like Amanda, if you don't mind, to please speak with Betsy at the Chamber and see maybe if instead of it being annually, it might be semi-annually because a few of the business members said something to me about that. So thank you very much. MAYOR DICKEY: Councilwoman? TOWN OF FOUNTAIN HILLS Page 5 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 5 of 54 KALIVIANAKIS: Thank you, Ms. Mayor. Good evening, everybody. Thanks for coming and for you at home. Over the past two weeks, I've been very busy. I had a chance to attend the Council on Foreign Relations Civic Responsibilities. It was a Zoom meeting. It was very interesting. I got to tick off something from my bucket list. I did something with the Council on Foreign Relations, so I have something I get to do with Henry Kissinger; how about that? This was a really interesting seminar. It was about expanding the idea of citizenship and ensuring the survival of the American democracy. The workshop was a guide for elected officials, government staffers, or constituents across the political spectrum to heal divisions and safeguard our country's future. This things was all about bringing people together, bringing politicians together and healing previous divisions. It was a very powerful presentation and I really appreciated it. The analogies that could be made about the World War II where we were at war with Japan, Germany, and Italy in a death struggle and 60 years later, we're all allies and we're all friends. And so divisions can be overcome, people can heal and come together for the betterment of the world and for their town. So that was a pleasure to go to. Over the past couple weeks, Amanda Jacobs, Betsy from the Chamber, and I have been involved in the business development initiative. The Fountain Hills Strategic Plan specifically mentions business development and that's what this is a part of. The current program initiated by Amanda Jacobs is in line with our town's Strategic Plan. The past several weeks, Amanda, myself, and Betsy, who represented the Chamber, has been reaching out to business owners on a one-to-one basis and offering them assistance, information, and about the resources that are available for those businesses. I'm happy to report the business community has been extremely happy with this outreach and we are doing good by our local businesses. So I thank the Chamber, thanks Amanda, for putting this wonderful program together. Also, last Friday I was involved in the Meals on Wheels program which is sponsored by the Community Center, where we deliver meals to the people that over 80 years old and infirm. Helen Keller said that true happiness is not attained through self- TOWN OF FOUNTAIN HILLS Page 6 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 6 of 54 gratification, but through fidelity to worthwhile causes. This is a very worthwhile cause. These people, sometimes we're the only contact they get in a week. They're very grateful that we engage them in conversation and it's funny because a lot of them say, hey, I've seen you on TV or in the newspaper; I didn't know that that was a duty of the Town Council. And so it's kind of cute when they say that. But that's a great program, I'm so happy to be and proud to be a part of that. Also attended the Munch & Music. An excellent program again. This is something -- for people that don't know about, it's free to the public. It's very professionally level entertainment. There's only going to be one more and that's going to be next month, which will be the Fountain Hills Saxophone Quartet. If you haven't seen them, you have to go. It's just wonderful. I have played with the Fountain Hills Saxophone Quarter myself and this is a great group of musicians and they're very talented and I suggest that you go. Two more quick things is I did meet with Lt. Halverson (ph.) about our school safety program. We've been tweaking it a little bit. And we were denied the funding for the Department of Education grant for another school resource officer, but we haven't given up. Grady's been stalwart in leading the effort, as well as John Perez from our staff and Libby Settle. I'm happy to say that this program has been a great success. The police officers are involved in the schools now. They're in high visibility areas and when they go to school during the lunches they're doing perimeter checks, background checks, every check you can imagine to keep our kids safe. And so that's really important. I thank the Maricopa County Sheriff's Office for being such a wonderful player in that. The last thing is I did attend Fountain Hills Days and a lot of people had a lot of questions about what's going on in the town and the Town Council. It was a great thing. I also attended the kite festival on Saturday, which is the Pakistani Information and Cultural Organization, PICO, and they held their kite festival which is a celebration in many Asian countries for the spring ceremony. I did get a chance to meet the organizers of PICO. I tried to do an outreach with the community and with the Pakistani community. It's pakistaninformation.org, if you want more details and to do an outreach to our Muslim community because many of them TOWN OF FOUNTAIN HILLS Page 7 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 7 of 54 are Muslims. I think it's good for the Town Council to reach out to underserved communities and so I'm working with them right now to get a list of possibly people in our town that do worship as Muslims and to maybe do a meet and greet or some kind of a forum with them. Anyway, so that's what I've been up to. Thank you for your time. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Thank you, Madam Mayor. Welcome, everyone. I will be brief and I don't need to comment on the wonderful activities we have a couple weeks -- we had in town here, but I did have an opportunity to attend Arizona forge (ph.) forum with the Arizona Chamber of Commerce, kind of a big picture of economic development here in Arizona and what's been going on behind the scenes there. And I will conclude it with that. MAYOR DICKEY: Thank you. Gerry, do you have anything for the activities? FRIEDEL: Yes, Mayor. I did attend the Irish Fest as well and also Fountain Hills Days, and that's all I have. Thank you. MAYOR DICKEY: Thank you. Yeah, it was great because, you know, the weather's been so sketchy but somehow the weekends are working out. So we had so many great events and the kite festival was nice and windy, so it was very neat. Part of my membership with the Mayors Educational Roundtable is I decided to go to a -- it was called Education Forward Arizona, Helios Education Foundation's Billions to Gain convening and it's the economic benefits of investing in a more educated Arizona. They had panelists from the Governor's Office, from NAU, school districts, the Board of Regents, cities and counties, and businesses that were describing their ways of, you know, getting their graduation rates and their post-secondary participation increased. Superintendent Tom Horne was one of the speakers and we heard from students and the experiences that led them to get their attainment, so it was very nice. And then also we had our CIP, our capital improvement plan special meeting and TOWN OF FOUNTAIN HILLS Page 8 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 8 of 54 we'll have one for the budget, budget in between and then we'll get it all together in time for May. Then our next item is the scheduled public appearances and today we are going to hear from Bo Larsen about our Fountain Hills Connect. Grady, would you like to introduce? MILLER: Yes. Just real quickly as an introduction to this, so what you're about to see is the presentation of a new system that has launched and we were using a previous system that was built into our website that residents were able to report problem conditions and complaints. And so our Community Relations Director, Bo Larsen, is going to show you some highlights of the new system and how it works and how this is a big improvement from what we had previously. With that, I'll turn it over to Bo. LARSEN: Thank you, Grady, and Mayor and Town Council, thank you. And I have to correct you. It's not live yet, but we're working towards it, so I really appreciate it. And what's the genesis of all of this is that we're seeing kind of programs get older. Systems get older. We use a program called Munis that may not be serviced anymore. It's like a Microsoft 7 and now you're on Microsoft 10 type of analogy. So it still works, but we're being prepared and we're using a program that we know will take us into the future for the ability for residents to file their issues, not only for code enforcement but for streets and community services as well. So let me show you a little bit of what's going on. This is what we currently have. This is like a Request Tracker. That's what we currently use. And so when a resident or somebody comes online, this is how they get it. And so they're seeing some of the things that they have to do. Now, one of the downsides of this program is this; you have to sign in, so it makes it -- it's kind of a cumbersome system. Now, people can call in and the majority of code enforcement complaints are done by phone. However, this new system is something that's going to help improve the transparency as well as the efficiency of everything. And it's called SeeClickFix, so that's the program we're using, but we're calling it Fountain Hills Connect. And this was kind of a team name and nothing's final until it's final, of course, but we came up with that TOWN OF FOUNTAIN HILLS Page 9 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 9 of 54 to -- using a kind of a common theme that towns from around the country are using that use this program, and so we didn't want to be Fountain Hills 311, because you always have to explain what 311 is. But it's -- what this is, is like a hub. This isn't a program that fixes everything. It's a work management system that people can input information and then our teams can manage the issues from this database or this home page and assign the issues to the appropriate either department or the person to fix it. As it shows here, the web portal. It's a phone app as well. It's for reporting as well as taking phone calls -- or you can manage phone calls off of the system. And so through the system and it's not all there yet, we're working on it, but we can assign the work assignments. We can let departments know. Like you said, if there's a new pothole somewhere, if someone reports it in, they can see if someone has already reported it or if it's a new request and then the town can work towards it. And that's just one of, you know, 50, 60 things that can be requested. It's a phone app as well. You know, I get a lot of iPhone requests for Request Tracker right now and they come to me and then I forward them off to Vince in the department and he takes care of it with his team. But this app will also act as the online system does as well and since the majority, I think we're up to like 75 percent of people are using their phones over, you know, computers right now, it only makes sense that we kind of catch up. So when someone comes to a page -- I'll make sure I'm on something that's -- no, got it. When someone comes to our page now, they can see a map. And they can see like -- well, I know -- I have a request. I don't exactly where, you know, it is on the street here, but I know landmarks. And so there's another way that they can look to see where they can kind of pin where this incident is, because they may not have the address specifically, but they can do geographical locations. It also allows people to go, well, gee, I see that a streetlamp is out, for example. And this is from Gilbert, just as an example. Has someone else already filed this complaint or this issue? And this will allow people to go, okay, it's already being worked on. I don't need TOWN OF FOUNTAIN HILLS Page 10 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 10 of 54 to wait -- you know, continue on, you know, filling this out. But if it is something new, they can see like -- well, I don't see it here, so I might as well complete it. And so they put in the request. It's a real simple, clean system. I showed you that page before that was a little cumbersome on the Request Tracker. This is a much cleaner system and when you see it in life, it's a lot bigger than what you're seeing here on the screen, of course. It allows people to add a photo, which is a nice system instead of always having to do an attachment or something. And if there's no photo, that's fine, too. But what's important, too, is when you put in the details in the description, you have to put in your name. No more anonymous, you know, requests because it's real easy to pick on a neighbor and start those, you know, those battles with neighbors when you don't have a name on there. So in order for our town, or our team to work on this, you have to put in your name. Now, it's not going to be used anywhere else but within the town. It's all part of making sure that people's information is safe and they feel comfortable knowing that it's not going to be shared with anyone. They can still complain about the neighbor, but they have to put their own name in. Now, this is an idea. This kind of shows you the behind the scenes. This is what the team would see as part of the work orders. They may see, and again we're still new and there's still a lot of tests and these are off of a test page, but -- just give you an idea of like, okay, what types of things do we have going on? Who is it going to be assigned to? What's the priority? And so that they can manage this workflow a lot better. For the team, it also has a map to kind of identify where are some of these things because we have three code enforcement team members right now and I'm just using code enforcement as the example. We can color assign these dots and so we know where, you know, Bo is working and where Bo number two is working, and so on. So that if something new comes along, it could even be a phone call to say hey, this is what's going on. Can you go out there and check it out, you know, for us? And then also, you know, here's more of the kind of the work flow pattern showing what's being worked on, what are some of the notes, and the work orders. And you're only getting a snippet of the page that they actually have, but it'll give you an idea that it's a much more modern system. TOWN OF FOUNTAIN HILLS Page 11 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 11 of 54 And just to let you know, we're not the Lone Ranger on this. There's many other organizations using this from MCDOT down to Peoria, so it's really -- it's a good system. It's clean. We hope to get it up within the next -- I'm going to say 30 days. They're real close right now. It's just a matter of finetuning and making sure we're comfortable with how the app works and looks, and so we're in that phase right now. So any questions? MAYOR DICKEY: Thank you. UNIDENTIFIED SPEAKER: Is that a question? LARSEN: No? Giving you a chance. All right. Good. Well, thank you very much. I appreciate it. MAYOR DICKEY: Thank you, Bo. Our next item -- I really appreciate it, by the way, so -- we didn't have questions, but we know that this is a good step in the right direction for communication and following up on some of these things, so great. Thank you so much. LARSEN: It's an evolution, so I appreciate it. Thank you. MAYOR DICKEY: Our call to the public, did we have any speaker cards today? MENDENHALL: Yes, Mayor, we do. MAYOR DICKEY: Thank you. MENDENHALL: Crystal Cavanaugh. MAYOR DICKEY: I was asked to remind people to speak into the mike. I guess sometimes people at home aren't hearing very well, so thank you. CAVANAUGH: Good evening, a Fountain Hills resident. The property at 16927 East Saguaro, which was marketed as a potential wellness rehab property, is zoned as C-O, commercial office. In our existing, clearly defined ordinance, C-O is meant for well-designed, attractive businesses that meet criteria for professional or semi-professional offices that transition between other commercial land uses and residential neighborhoods. It specifically lists business types that conform to this zone, such as accountants, doctors, dentists, chiropractors, engineers, private detectives, lawyers, and financial institutions. The only type of counseling services allowed is for marital counseling and an TOWN OF FOUNTAIN HILLS Page 12 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 12 of 54 application for a business license to operate here absolutely should not be approved. It is an easy decision for the town staff, deny unless it conforms to the zone, and they should not be allowed to deceive by using the generic, broad-brush description of counseling. They need to be specific in their business description in order to best serve the interests of our residents. Their NPI number tells you what their field is. Angel Heart Health Services has a taxonomy provider number associated with being an addiction or substance use disorder counselor. Their state licensing encompasses addiction, substance abuse and/or behavioral health services, including crisis intervention, mental health stabilization, intensive in-home therapy and day treatment. The owners are behavioral and analysts. Plain and simple, behavioral health services do not conform to this zoning, even when they call it counseling. We have an ordinance that clearly states where behavioral health can occur, and it cannot occur in C-O. To those staff that are involved, what more is there to evaluate? Why should residents have to worry that you'd consider approving this? Do you think that you can just expand an existing ordinance on your own without input? And why does Angel Heart have medical staff on board, if they only offer marital counseling? Any behavioral health occurring in this location is a clear zoning violation. To John Wesley and town staff, you have been provided with extensive information about Angel Heart Health Services. The work and research was done for you by others. Angel Heart's own website tells you exactly what services they provide, behavioral health. The town needs to follow the zoning ordinance we have on the books, represent the residents, and deny a business license to a nonconforming business. There is zero plausible deniability if you approve this. All interested parties have now been made well-aware of what services this business provides. Thank you. MENDENHALL: Next, we have Larry Meyers. MEYERS: Mayor, Vice-Mayor, Council. It gives me no pleasure to stand here, meeting after meeting, stating the obvious to elected officials, that they serve at the pleasure of the people, the key word being serve. I'm certain that uninformed town staff have possibly misled that what you're being TOWN OF FOUNTAIN HILLS Page 13 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 13 of 54 served with currently is of no value. On the contrary, this notice that I will hand out tonight has its base in the Arizona Constitution, of which as an elected official you swore an oath to. Delivered to you, council and staff on the dais as we speak, are copies of such notice submitted by residents of Fountain Hills, stating once again the obvious, that under provisions of the Arizona Constitution, after having supplied voluminous amounts of research on the subject of a business license being issued for this particular use in this commercial zone, that the decision does not rest with an unelected staff member, but rather with the input from the people, discussion by the council, perhaps first in an executive session and then being placed on a future agenda for discussion and possible action. Further, Town Manager Miller has stated to Senator Kavanagh that the unelected Town Services Director, Mr. Wesley, has the power to expand the ordinance to include this use. We the people think not. Arizona Constitution, Article II, Section 8, quote, please notice that any proposed franchise which disturbs or adversely affects the people in their private affairs or causes any disturbance or has adverse effects on home or property is without authority in law. The residents, the people, have expressed such concern with this notice tonight and request that the council take this under advisement by instructing Town Services Director Wesley to stay the issuance of such business license until council has had a chance to discuss this issue in its entirety, place it on the next agenda for public input and discussion, at which time an informed decision can be made by elected officials, not staff, based on town ordinances currently codified. Thank you for your time once again. MENDENHALL: Next, we have Bobbie Kennamer. KENNAMER: Good evening. Grady, I never had the opportunity to work with you, but thank you for everything you did for our town. Again, Bobbie Kennamer. I live in Sunridge Canyon. I also serve on the board and I'm still very, very concerned about this park that we're talking about. I haven't seen the new drawings. I would love to see them. I get questions TOWN OF FOUNTAIN HILLS Page 14 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 14 of 54 frequently about what is that park going to look like. Most of the people, again, do not want it. We just don't want it and I know that we had proposed your making it a permanent preserve or possibly buying it back at a reasonable price. And I haven't heard anything back from that and I just wanted to make sure that you guys understand that this is in the heart of our community and we really want to see what it's going to look like. And another thing that I'm concerned about, when I went back, I think it was at a retreat that you guys had, it said something in there about, you know, this is what we're going to do right now. It's going to be trails. But then we'll leave it open to make future improvements. Well, that concerns me. I want to know what that's going to look like and I think it's pretty reasonable because it's right in the heart of our neighborhood. So that's what I wanted to get up and talk to you guys about. Thank you. MILLER: Mayor, if you don't mind, I'll have Ms. Goodwin get with her. Maybe if you don't mind going to the back of the room, and Ms. Goodwin can talk to you a little bit more about it and how you can obtain what we have currently on drawings. MENDENHALL: Next, we have Jerry Butler. BUTLER: Mayor, council, thank you for this opportunity. Tonight I'm standing here as a 24-year, full-time resident of Fountain Hills. When my wife and I moved here in 1999, we knew absolutely nothing about this town and thus we promised each other that if we did not like it after two years, we would leave. As you can see, we're still here. We love this town, and we immersed ourselves in the community by volunteering in countless ways. So tonight, maybe I'm here talking about volunteers in the community. During our 20-plus years of involvement in Fountain Hills, we have worked with five Town Managers. And without a doubt, the one on the dais tonight is the best. Thank you, Grady. I know it's been reported that he chose to retire. But personally, I don't believe that. Yes, Fountain Hills will move on next month without him, but not at the same pace, in my opinion. When Grady leaves, important background information and TOWN OF FOUNTAIN HILLS Page 15 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 15 of 54 synergy will leave with him and it will take years to recover at a huge price tag. Over the years, I've had the privilege to work with Grady on numerous projects and without a doubt, he has been the most responsive, always addressing questions in timely ways, even on weekends, and I must add, always very professionally. While we have not always agreed on the approach to each topic at the beginning, his thoughtful explanations always made sense and the outcome was right on target. Fountain Hills always ended up being the beneficiary of his decisions. I never sensed that this was ever a J-O-B, a job for him. It was his passion to do what was right in Fountain Hills. In closing, Grady, thank you for everything you've done for our community. Without a doubt, our loss will be another community's gain. You will be missed. Thank you. MENDENHALL: Next, we have Liz Gildersleeve. GILDERSLEEVE: Good evening. Mr. Meyers recommended during his Call to the Public tonight that the business license for the Saguaro property be added to a future Town Council agenda before a decision is made on the application. I support that. We need to know why our own town staff even considered for one moment the idea of not applying the zoning ordinance to this property. This is so wrong. If this is the precedent, why have zoning ordinances at all? I hope we can all agree that ignoring our own zoning ordinances is not good for our town. Please add this business application to a future Town Council meeting agenda. That would be the prudent thing to do. Given what residents have mentioned tonight, it needs serious daylight before a decision can be made. Thank you. MENDENHALL: Next, we have Lori Troller. TROLLER: Good evening, Mayor, Council, Grady, Aaron. In referring back to my last Call to the Public regarding the moratorium, I was advised that automatic moratoriums are put in place when ordinances are being updated and that's highly unusual, so that was researched in code and policy and that wasn't found anywhere. So if anybody can quote that as policy, I'd appreciate that. And if not, I TOWN OF FOUNTAIN HILLS Page 16 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 16 of 54 respectfully request for a second time that a moratorium be placed on telecommunication interactions, that being applications, permitting, and installations. Thank you. MAYOR DICKEY: Can we answer? ARNSON: Yeah. Mayor and Council, as you know, I've been in trial the last couple of weeks, so I haven't had an opportunity to send out a response. I did take that to our consultant and have a response for you and a proposed course of action. So I'll go ahead and share that this week. Thank you for your patience. MAYOR DICKEY: Thank you. MENDENHALL: Next, we have Ed Stizza. STIZZA: Good evening, Madam Mayor, Vice Mayor, and Town Council and staff. I'm going to talk about a couple of things that seem to continuously bubble to the surface and they fall under aesthetic. But I can say one thing, there is nothing more important than what Larry, Liz, and Crystal have talked about tonight. So we have got, got, to protect the town. I said it at the P&Z meeting. I'm going to say it over and over again. It's time for you all to make a decision on which side of the fence you're on. Either you're going to do everything you possibly can to protect this town, the aesthetic, our dark skies, our quality and way of life. I mean, the list goes on and on and on. And we constantly supersede it, so -- Now going back to the aesthetic, so we seem to be in a tremendous downfall as far as trying to blend new construction projects into our town aesthetic. And I've been here on and off for almost 23 years and I can't believe what is happening. So -- and it's accelerated. So all's you have to do is open your eyes, drive around, and see what's happening. So if somebody could please tell me that they really think that this town is being blended aesthetically, then please give me the reasons that you think that, all right? So I want to give kudos to Rachel and Kevin Snipes for pushing -- even with all the naysayers -- pushing along the skate park. And that seems to be accelerating, which is great. And by the way, thank you for turning up the gain on the microphone. So that's great, so everybody can hear. TOWN OF FOUNTAIN HILLS Page 17 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 17 of 54 So a couple things with the aesthetic. If you guys haven't looked collectively, take a good look and one of those things I'm going to just beg this Town Council to do is initiate a painting ordinance. I don't know what designer thinks that desert colors and blending black, white, and gray with white stripes is conducive to making our town as best as possible. So I really want somebody to step up and take a look at our ordinance. It's extremely vague, extremely vague. So maybe somebody can get on top of that. The other projects that are going on. We already know about Adero Canyon. I mean, the destruction of Adero Canyon should never have been allowed so -- and I mean, it takes longer to do it the other way and obviously up in Golden Eagle Estates we see the end result of that. Adero Canyon was allowed by this town to strip mine all that land and destroy Adero Canyon. The luscious canyon in McDowell's. So that's another one that falls under aesthetic, so. MAYOR DICKEY: You're (indiscernible). STIZZA: Oh, am I? Oh my god, I didn't hear the buzzer. I'm sorry, Mayor. MAYOR DICKEY: Yeah, it was going off. STIZZA: Oh, my gosh. Oh, I didn't -- I didn't even -- I should've seen the red light. Anyway, thank you. Have a good -- MENDENHALL: Matthew Corrigan? CORRIGAN: Madam Mayor, councilmembers. I have spoken to the council and the Mayor before here publicly about the issue of detox housing and so on, and the old adage about well said is well done -- well, I don't need to repeat what's been well said. And I think Crystal and Larry and Liz have encapsulated that into a succinct message. And that is in -- on the Saguaro property, take a good hard look at that, remember and consider what Larry has presented. And saying that, I'll just have a seat and let the process move on. Thank you. MENDENHALL: Mayor, that it's for public -- Call to the Public. MAYOR DICKEY: Thank you, Linda. Thank you all. Our next item, our Consent Agenda items. As always, if anybody has anything they'd like to take off, they can. Otherwise, could I get a motion? MCMAHON: Move to approve Consent Agenda. TOWN OF FOUNTAIN HILLS Page 18 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 18 of 54 GRZYBOWSKI: Move to approve? Is that what you just did? MCMAHON: Um-hum. GRZYBOWSKI: Okay. Peggy did that. I'll second, then. MAYOR DICKEY: Thank you. All in favor -- roll call, please. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Ayes. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: It passes unanimously. MAYOR DICKEY: Thank you very much. Our first item on our regular agenda is approval of our proposed Fountain Hills logo. Straight to Amanda, huh? Thank you. JACOBS: I'm back to talk about the logo. All right. Good evening, Madam Mayor, members of council. So again, we're here tonight to talk about the Fountain Hills proposed logo. I'm going to give, just in case there's someone new in the audience or new watching from home, just a little bit of background of where we've been and where we're heading. All right. So back last February during a council retreat, it got brought up to look at our branding and logos. And the why behind it was, as you can see, there are several TOWN OF FOUNTAIN HILLS Page 19 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 19 of 54 logos that the town was using. We have our town seal, which is 33 years old. If then you look to the right, the script logo as we've calling it, that's been used for about two to three years. The Fountain Hills, or I call it the polka dots, I'm not sure how long we've been using that, I couldn't find that record. And then the Fountain Hills Economic Development was created back in 2014, but I will admit and share with you I have not been using it. I've been using the script logo. And so when there's so many different logos put out there, we don't know who Fountain Hills is. So it sort of begs the question of, will the real Fountain Hills please stand up? And wanting some consistency. And so when I was hired last March, Grady and I spoke about this and I agreed that we should move forward. Also, when we're looking at a brand and moving forward, we need to look at our competition. As you can see with Gilbert, Phoenix, Tempe, Chandler, Mesa, they've become more modern. It's a symbol. When you see the Phoenix symbol, you don't need to know where it is, right? They have that brand identity. And you'll also start to see that municipalities are moving away from town of, city of, because then it's kind of very government-y, official, and so they've moved away from that to be more welcoming as a community and then let's face it, some people don't really trust the government. And so those are some of the reasons behind it. So back in June, we did a professional RFP process. Again, we had six folks submit a bid. We narrowed it down to one. It was issued to Gordley Group. Part of their initial process was conducting a survey. It was out for about two weeks as you'll see, and they mentioned to you in January they anticipated just with their 20 to 30-year history 50 responses. Well, our folks are a little bit interested. We received 754 responses and 5,000 comments. Additionally, we also had three different focus groups. Some was geared towards residents, businesses, and then our government officials. I've been the lead on this project with my partner in crime, Bo Larsen, and so we started to see, you know, this was going to take a little bit longer than anticipated, so we also included our counsel Lex (ph.), which is now the counsel, and so had those focus groups. So from there, Gordley Group started to put together some design concepts. So TOWN OF FOUNTAIN HILLS Page 20 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 20 of 54 on January 17th, the council was presented with option A, and then option B. So option B, there really was no consensus to move forward with it. There's sort of kind of a fountain, but hard to see. It's really showing the natural beauty, the sunshine, the mountains. And so just going back real fast, council did not take action that night. But we felt we had a good consensus to move forward with the consultant on modifying this logo, so wanting to see mountains, could we do something with dark skies, could we add color? And again, I just want to point out one of the reasons that staff liked this so much is it's -- again, it's modern. When you look at it, some art is in the eye of the beholder, you can see the fountain, and we feel like with the three, there is almost that movement, which sometimes we see that shift as the mountain goes off. So based off of council direction, we went to work. And so I reached out to the Town Council and asked if you guys would meet with me one on one or in pairs. And so you'll see at the bottom, so the left, what happened was the consultant added the four peaks and you can see a little shadowing of the lake, and they also created an entirely different logo. There's different variations, but all of them could be used. But if you look to the bottom right, there's some stars and then a tribute to the dark sky. During my one on one conversations with council, everyone still leaned more towards option A, although some shared with me, hey, if the group likes option B, we can go with that, too. It's beautiful because it's showing again the fountain and the four peaks. So some of the comments I received to make additional changes was part of our iconic fountain is the lily pad or base, some people call it a little bit different. But also could we do anything else with the -- what we're going to call the spray. Those three symbols. So a few more weeks went by. And so we've got some more additions. Unfortunately, it didn't work out nicely, so it took a little while to get with council with council's schedule as well as mine. So you'll see the first one, very Asian, concept one, two. We have added the lily pad. The lily pad was added to option 2 and then the consultant presented a third option, and then I'll just share with you, all of you did not like option 3, but just for transparency for all of you and the public, showing it. So TOWN OF FOUNTAIN HILLS Page 21 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 21 of 54 showing that different direction of the spray. So based on, again, everyone was leaning towards option A. I understand a couple people still really weren't sure about this -- the spray. And so we started moving in the direction of bringing this forward to council. So over the weekend, I did receive a couple of inquiries from council of, I'm still not so sure about the fountain. And so we now have another iteration. I apologize that you're now seeing this. I got this in my hands this morning, had to modify the PowerPoint. So again, hopefully you'll see that dark line is the fountain and then sort of the spray and mist, those two lighter lines. And again, to just sort of show the transformation to the council, the public, here are all of the options. Staff is recommending option 2 or 3 and then we are hoping and respecting that you guys will be able to take action tonight because part of again the 20,000 that has been invested in this project is a third phase. So that third phase is called implementation and so what's going to happen is the consultant will produce a brand style guide. They're also going to build templates to start using this. And again, we need to make sure that this transfers to clothing, to a business card, the stationery, so print and web design. And with that, but I'll just leave this up, I am happy to answer any questions regarding the logo or help with a motion. Again, we're respectfully requesting option A, but there's still B and C in your packets. Madam Mayor? MAYOR DICKEY: Thank you. I appreciate that very much. What I'll do is I'll see if we have any speaker cards first and then we will ask you questions and discuss. MENDENHALL: At your dais is a comment. They're not going to speak, but they just wanted to give their thoughts on option A. They vote for option A. Hopefully, they're still voting for that option A, now that we have a third option in there. And then speaking, we have Ed Stizza. Oh, and that public comment was from Liz Gildersleeve. MAYOR DICKEY: Thank you. STIZZA: I'm not so excited about that. Okay, so what do I say without being, again, derogatory? Is this the vibrancy? I talked about aesthetic. Maybe there's something within these designs that might TOWN OF FOUNTAIN HILLS Page 22 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 22 of 54 work. I mean, obviously our logos here have lasted because they seem to have worked. Certainly, our town seal still looks official, or at least I think it does, and certainly seems to carry the weight. Again, this is such a major decision. You're changing the whole look in Fountain Hills in so many different ways, in so many different prints, and it's going to go all over the place. So I just wish there was more time spent on such a major decision that is going to end up being adopted for some time. This isn't something you're going to change right away. So again, colors? Oh my gosh, I don't know what to say. I really don't. I know it's opinion. I really understand. I understand everybody wants something more modern. I understand that the town would not be a part of this, right? So as far as it's not going to say Town of Fountain Hills; is that correct? But if there's just some more thought put into it. It would really be nice to see more color options. This still seems to just stand there. It doesn't jump out. Certainly, the one logo with the stars, then it seemed to start to go down another path. But it needs more color. I mean, again, color's everything. And like I was talking about earlier with the town, so and again -- Oh, I meant to say, also, thank you to the town staff and council for working on which this -- as far as the CIP budget. Thank you. So anyway, I hope you guys take a look at this a little bit stronger. MENDENHALL: That's it for public comment on this item. MAYOR DICKEY: Thank you. Amanda, would you address the color, please, and also answer about whether town of is going to remain, or is that something we're discussing as well? JACOBS: Madam Mayor, so what is before you, we have kept town of, as you'll see. So if you approve that, it will say Town of Fountain Hills, unless you tell us otherwise. And what was the other question, Madam Mayor? Oh, the colors. MAYOR DICKEY: Color, yeah. JACOBS: So it is always tricky to show color. So we got direction on January 17th to show color. We will, once we get direction, we'll play with more color options, but that's again towards the implementation. As you'll see, there's been three variations, two new logos. If we don't start moving the needle, I will have to come back to you for more TOWN OF FOUNTAIN HILLS Page 23 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 23 of 54 money, and I'm trying to keep it at the 20,000 with the other phases. But yes, there will be additional color options. And then also to remind everybody, this is going on let's just say different ads. Sometimes you're not going to use the full color because it could start to compete. So you may use a white, you may use a black, and that's where we leave it up to the graphic design professionals. MAYOR DICKEY: Thank you. So basically, you always wanted us to look at logos using all the same colors, so that we weren't making a decision based on I like red better than blue, or I like purple better than whatever. So these are purposely this way, so that we're really focusing on the logo. But depending on if it's a shirt or whatever, or a piece of paper, it's going to be different colors. And then the official seal, we will continue to use that as our official seal, so we'll have that and then we'll have this new more updated one. JACOBS: So that's correct. I failed to mention that. So we'll continue to use the town seal in official capacity, so when it makes sense. But let's just say I am writing a letter or doing a presentation, and I've shared this with most of you, the day after our first conversations one on one I had the opportunity, thanks to the Greater Phoenix Economic Council, to actually give a pitch to over ten site selectors from all over the United States. So again, we're trying to appeal to employers, employees, create that sense of place, try to attract and bring some young professionals. So this is again, art is in the eye of the beholder, but this is a little bit more hip than the town seal. And I don't mean any disrespect. MAYOR DICKEY: Thank you. I see lit up Councilmember Friedel. Would you like to comment? GRZYBOWSKI: That's actually me. I noticed that they switched the cards, so I didn't want to just like switch it in the middle of my having the button pressed, but I can do that. MAYOR DICKEY: Councilwoman Grzybowski? GRZYBOWSKI: First, I really appreciate the fact that we're trying to make a more modern, current version of the logo. Like you say, we need to attract some younger people into town. If we don't, then there may not be anybody left in town. So it's important to keep the younger people in. TOWN OF FOUNTAIN HILLS Page 24 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 24 of 54 That being said -- thank you, Grady, I'll swap it out in a second. That being said, I have not consulted with the two people that I told you about the last meeting that called this the Sydney Opera House and the napkin holder, but I do feel like we've lost those two things that those people confided in me about. And I still like A. I'm leaning towards 3. I kind of like how the back end, you can see that it's the mist that gets lighter in the background. And I don't mind dropping the town of. Honestly, most people don't understand the difference between a city and town in any state, so I feel like just saying Fountain Hills, just like all the other people are dropping it, I don't have a problem with it at all. MAYOR DICKEY: Thank you. Councilwoman? TOTH: You can see me nodding along, because I'm still just as giddy as when I saw this the first time. And then the version 3, I love even more because it completely takes out that napkin holder and Sydney Opera House thing we're kind of worried about. But I am so, so thrilled that we have the lily pad in there. I think that is such a staple of the community. I love it. Option A, version 3, I'm all for it. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, it's funny, because I pulled out the February 1st edition of the Fountain Hills Times today and just found a review of what they thought about it and I know it did get a mediocre review, but I see you've done a lot on work on this and I really appreciate that. Yeah, quoted in that article was Councilwoman Grzybowski that did mention the napkin holder and the Sydney Opera House. And so I'm glad that you took that to heart. I think we all kind of had a good laugh that night and I think it was funny. But you seem to have captured the essence of our guidance. I do like number 3, the variation number 3. That looks good. I might tweak it a little bit and make the fountain go a little up, higher, and then with the splash, because it looks like it's going on the side right now. And so if we could kind of tweak that, that would be great. But overall, I think that's a much more improved one that I think that I could live with, too. TOWN OF FOUNTAIN HILLS Page 25 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 25 of 54 As far as the town of, you know, when you showed us our competition, I'm not sure they're our competition, but you showed them to us and you know, Tempe, Gilbert, I kind of like that and so I would be for removing the town of and just put Fountain Hills on there. And I think it's cleaner. It's a better look. So thank you for all the hard work that you've done. I can see it in the work product. MAYOR DICKEY: Thank you. MENDENHALL: Yes, I have. Lori Troller would like to speak. TROLLER: I'm not taking away from your work at all. This is a lot, I know. But just me looking at this, this is just an aesthetic thing. The ones on the top, and I can't unsee the napkin holder, it's a 3D dimensional thing and the base, that being the fountain itself, is also 3D. But on the three lower, version 1, 2, and 3, the mountains are straight on flat, so is the base of the fountain, yet the spray is three-dimensional. So if we're tweaking things, I would kind of tweak the base to be a little more three-dimensional. And that might be a little easier on the eye because up top, that looks nice. It's all kind of at that same angle. It looks like it's coming up from a little high, but when you see the lower ones, it's like on the bottom it's just too straight. Too straight on the mountains and too straight on the base. Very sorry to have done that, but it's just -- that's not a thing to my eye. But I think they're neat. But I do love the old emblem and that's really weird that I would do that because that's not me. But I'm glad we're keeping that any capacity, so thank you. MAYOR DICKEY: Thank you. Vice Mayor? MCMAHON: Thank you, Amanda, for all your hard work. I like the original A. I think it's much more sophisticated and I think it's in line more with the logo as well that we currently have and hopefully we're still going to use that particular one. I like the -- I guess it is -- if we have to go with having the mountains behind it, the B one, because I think it's more 3D. The last one, I think it looks more like a loop versus a fountain, even though it TOWN OF FOUNTAIN HILLS Page 26 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 26 of 54 fades. I don't think it has the same 3D effect to use her verbiage. But again, I prefer A. But thank you so much for all your hard work. I appreciate it. MAYOR DICKEY: Thank you. Gerry, did you have anything? FRIEDEL: I like option 3 the best out of all of them, I think. Amanda, you captured everything everybody brought up, the lily, the mountain, and then the redefined fountain. So good job, well done, and thank you for your hard work. MAYOR DICKEY: Thank you. I liked the first one, you know, straight off the bat, and I also like variation 2. But it sounds like everybody likes variation 3. I don't know -- I get what you're saying about making it more straighter, but I don't know if we're to the point of fooling around with anymore. So I think variation 3 sounds like the go-to, and also I'm okay with taking town of out. I like that, just Fountain Hills. So did you feel like -- well, should we do that like as an amendment or something like -- when we do the motion? JACOBS: Yeah, so Madam Mayor, if someone wants to make a motion, if you could just say I approve option A, variation 3, with the removal of town of. MAYOR DICKEY: Sharron? Councilwoman? KALIVIANAKIS: Oh. GRZYBOWSKI: Go ahead, Brenda. KALIVIANAKIS: Okay. Yeah, I think we hit the tree at the same time. I guess, as you work with the company, could you have them straighten that out a little bit more? I mean, is that within the realm of reason? JACOBS: So Madam Mayor, Councilwoman Kalivianakis, so yes. Even though this is what you're approving and it's like somewhat final, again, we're going to continue to work on colors. We'll modify sort of the direction and again, if they start to say we can't do this, I'll make sure to keep you apprised because there were some things they couldn't do today I won't get into because again, don't want to put additional visuals out there TOWN OF FOUNTAIN HILLS Page 27 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 27 of 54 besides the fancy napkin holder. But yes, so there's still that option. MAYOR DICKEY: That'd be really appreciated because I think it also would take -- I don't know, you said a loop. It would kind of help that part of it, too. So it's almost the same as the other one, except, you know, it's not going to have that same 3D look to it. So somebody want to make the motion? Sharron? GRZYBOWSKI: Move to approve option A, variation 3, of the new Fountain Hills logo with the exception of the words town of. TOTH: Second. MAYOR DICKEY: We have a motion and a second. A roll call, please? MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Reluctantly, aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Aye. It passes unanimously. MAYOR DICKEY: Thank you very much. JACOBS: Mayor, just one thing. Don't get too excited, but again we're going to start using it. There's still some additional work we need to do, the implementation, so give myself, Bo, as well as the consultation about 30 to 45 days. But again, we'll keep you apprised and we'll make a big splash. Thank you. MAYOR DICKEY: Thank you. So now Bo and you give us great things that we can't TOWN OF FOUNTAIN HILLS Page 28 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 28 of 54 use yet. Thank you. JACOBS: Thanks, guys. MAYOR DICKEY: Our next item is a budget transfer. David -- or Grady, did you have just -- to intro? MILLER: No. Mr. Pock, our Chief Financial Officer, will give you an overview of these transfers and what they're for and why we're making these. So with that, I'll turn it over to Mr. Pock. MAYOR DICKEY: Thank you. POCK: Perfect. Mayor, Council, if you approve this, they'll be able to start using it tomorrow, so just so you know. MAYOR DICKEY: Oh, good one. POCK: I do not have a presentation for you, just what's in your packet, as far as the transfers. There's three. Obviously, the most substantial is the 3.7 million to Streets, to the Streets Fund for pavement maintenance. And then there's two additional transfers, one for Facilities Ops to do some landscaping work here around Town Hall, and then 20,000 for Economic Development for marketing and advertising, so -- Is there any specific questions that you might have about any of those? MAYOR DICKEY: I'm not seeing any. Do we have any speaker cards? MENDENHALL: We have one, Mayor, and it's Barry Wolborsky. WOLBORSKY: I bet you don't know what I'm going to talk about. I am Barry Wolborsky and I'm a resident of Fountain Hills and I am the Treasurer of the Sunridge Canyon Community Association. And of course, I'm going to talk about the park. MAYOR DICKEY: Sir? WOLBORSKY: Several members -- MAYOR DICKEY: Sir, did you want to talk on this agenda item? Because that's -- WOLBORSKY: Yeah. There's a -- in the funding, there's funding for the park, which I would like removed. MAYOR DICKEY: I don't think there is any funding for the park in this particular thing. TOWN OF FOUNTAIN HILLS Page 29 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 29 of 54 This is just moving -- David, maybe -- WOLBORSKY: Wasn't that addressed as a capital expenditure? MAYOR DICKEY: Maybe David could explain a little bit. Thanks. POCK: So in this transfer, there's no transfers -- there's only one transfer from the capital fund, which was taken from the project, the Golden Eagle impoundment area. But there wasn't anything for Sunridge Park. WOLBORSKY: There was nothing in it? POCK: Nope. WOLBORSKY: Okay. I'll sit down. POCK: And the reason the Golden Eagle impoundment was removed is we anticipated that construction would have been able to start this fiscal year, but it wasn't. So instead of letting that budget die there, we decided to move that into Streets. MAYOR DICKEY: Thank you. MCMAHON: I move to approve the attached budget transfers as requested. KALIVIANAKIS: I move to second. MAYOR DICKEY: Thank you. All in favor, please -- a roll call? MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. TOWN OF FOUNTAIN HILLS Page 30 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 30 of 54 Thank you. MENDENHALL: It passes unanimously. MAYOR DICKEY: Very good. Our next item is approving our proposed updates as discussed at our retreat. Grady? MILLER: Yes, Mayor. So what is before you, there were some what I call housekeeping items that we talked about before with the council. One specifically was scheduled public appearance that residents could ask to be added to a future agenda and be scheduled to speak. That was one of the items that we were recommending that we would remove. The other part of this is the distribution of notices and agendas. We are specifically asking for some changes there. Also, agenda preparation. And then also order of business for the agenda. We're recommending some other changes with that. I'm going to turn it over to Linda, our Town Clerk, who actually is the one who did the work on this and she can go into a little bit of a presentation that she's prepared for this. With that, I'll turn it over to Ms. Mendenhall. MENDENHALL: I know at the council retreat we talked about certain items, but when I start looking at things, I start seeing other things, and I'm hoping you'll indulge me on a few of these changes. But I didn't get to do as many as I probably would've wanted to, just for the fact that we wanted to hurry up and get this out here and start moving forward since we just talked about it at the retreat. But there are certain things that -- it could be updating on page 1. As you see, on page 1, and I have it up here so that our residents can see it as well. Just minor change. It's the 12th edition of Roberts Rules. So that's the first thing. And then on our page 2, we need to update our website, our web address. So it's just little items like that as well. And then on page 3, under quorum, I made a change to -- we strike out the with a seven-member body, a quorum of four, unless otherwise specifically authorized by state law, and change that with unless otherwise specified in state law or the town code, a quorum is the majority of members of the public body. TOWN OF FOUNTAIN HILLS Page 31 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 31 of 54 This will help us if there was ever a vacancy or we have any disqualifications, so removing that language. And I also wanted to let you know while I'm going through each one of these pages, if you've made any notes yourself let me know because I did bring my red pen. So I just want to go through each item, just to bring it to your attention to see if you approve of it or not, and then we'll go on. I added the language on page 3, under regular meeting date and time, adding in compliance with state law. MAYOR DICKEY: Do you think we could make that -- you're on page 3 now, right? Yeah, maybe you advance that, thanks. MENDENHALL: There. Okay. And so it's in red. And we're on quorum, and then lower down under regular meeting, I add in compliance with state law. It's just some things, just to bring it up to date. On the next page, under special meeting, it talks about in case of an actual emergency. That's actually covered down in emergency meeting, so it doesn't really need to be there. MAYOR DICKEY: Yes? KALIVIANAKIS: If I could, Ms. Mayor? MENDENHALL: Sure. KALIVIANAKIS: Yeah, this is one of the ones that I use my little red pen on. MENDENHALL: Okay. On page 4? KALIVIANAKIS: It's on -- MENDENHALL: Okay. KALIVIANAKIS: -- 3.3, special meetings. MENDENHALL: Okay. KALIVIANAKIS: I didn't know if there was another contingency for that, but you know, if there was an EMP that went off and we lost all the power, I would hate to have to think we have to give 24 hours' notice for us to have a meeting and set up a formal meeting with the council. So I guess my concern was if we had an actual emergency, would we have to have a 24-hour notice? TOWN OF FOUNTAIN HILLS Page 32 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 32 of 54 MENDENHALL: No, you don't need to have a 24-hour notice. If let's say something like the emergency electrical outage and we needed to have a -- KALIVIANAKIS: Yeah. MENDENHALL: -- quick meeting, we can have that meeting. It's posted as an emergency meeting and it doesn't fall under the 24-hour notice requirement. KALIVIANAKIS: So that would be someplace else in the code? MAYOR DICKEY: It's in another area. KALIVIANAKIS: Okay. MENDENHALL: It's in the emergency meeting portion of it, yes. KALIVIANAKIS: Okay. Okay. Thank you. MENDENHALL: And then on page 5, that's just another update. Is that 5 up there? Okay, there it is. It's just changing the web address to the new one. Page 6 is -- this is where -- one of the items that we talked about at the council retreat. And this where we're adding that future agenda item category. We're updating how a Mayor and councilmembers can bring an item forth. And so the Mayor or a councilmember with the support of two additional councilmembers may direct the Town Manager through the future agenda item category to place an item on the next available agenda for consideration and possible action. Do we have anything we want to say -- everyone okay with that? Okay. We also added unless authorized by state law under agenda preparation and availability. This is another section that we talked about at the retreat and it's in reference to a citizen group, how they can get something on the agenda. We were going to remove all of this information, but I think it's so important that the residents feel that they have an opportunity to bring an item forth, but we need to give some parameters for that. And so updating this portion of the language to citizen or group, a citizen or a group may request an item be placed on an agenda through the Manager, Mayor, or a councilmember, as indicated above. And so let's say if you wanted to bring up an item because another -- let's just say, one of the people here told you about it. You could do that under the provision above, about how a councilmember can put an item on the agenda. TOWN OF FOUNTAIN HILLS Page 33 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 33 of 54 UNIDENTIFIED SPEAKER: (Indiscernible)? MENDENHALL: Um-hum. And then we would strike the scheduled public appearance language. This is just me. I noticed that the word advice should be advise, so I changed that. And then the next page, this is another item and it wasn't really discussed at the retreat, but it's something that we need to think about with respect to handouts. I've been asked a few times about -- when we've had handouts from our councilmembers and so forth, if that's appropriate to do. And it is appropriate, but maybe we could put in some language to help guide that, so it looks like -- to minimize any potential open meeting law or any transparency issues. So I'll read this and see if, you know, we can discuss it and see what your thoughts are on it. Mayor and councilmembers. The Mayor and councilmembers may submit a written document handout for council's consideration regarding an item on the next council agenda. The document handout must be presented to the Town Clerk no later than 3 p.m. the day of the council meeting. Handouts submitted after the deadline will not be disseminated to the council for consideration at that meeting. That's not saying you -- if you have notes, you can talk about your notes. The Town Clerk will place any councilmember's handouts along with any online public comment cards at each station on the dais prior to the council meeting and will announce the documents when the agenda item is under consideration. This process will ensure the Town Clerk has the written document handout for the permanent record, solve any transparency issues, minimize any potential meeting violations, and avoid any disruption during the council meeting. I wanted to get your thoughts on that and see -- MAYOR DICKEY: Vice Mayor? MCMAHON: Thank you. I agree with that because I think it's really important to be transparent and not just hand things out when we're in the middle of discussion or looking at something and have to read it, comprehend it, and say yay or nay to it. However, one thing I would like to see changed is I would -- instead of 3 p.m. the day of, I would prefer to see it by 5 o'clock p.m. on Monday, the day before the meeting. Because then usually we're all preparing, I hope, over the weekend and stuff on Monday TOWN OF FOUNTAIN HILLS Page 34 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 34 of 54 for the council meeting and if there are going to be any additional handouts, I would like to have them available the day before, so that I could take them into consideration when I'm reviewing the agenda items. I think that would be fair to ask of everybody. MENDENHALL: What does the rest of the group think? I can get a consensus on that. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Okay. Thank you, Ms. Mayor. Yeah, this was another one that I redlined. I think that the -- I don't like the 3 p.m. I think that it should be up until the time of the meeting, and then cutoff at the -- 5:30? 5:25? Just to be fair to you? Someplace right before the meeting begins, I think that'd be more fair. Then the other concern I have is in the past when I've had a motion to amend, according to Roberts Rules, if you have a simple -- and Aaron, you could probably weigh in on this -- if you have a simple motion to amend, if you want to strike out a word or add a phrase, that can be done verbally. But if you've got a complicated motion to amend, the Roberts Rules want you to put it in writing because it gets complicated. On the other hand, a lot of times these things, they just take a life of their own. You've got a motion, a motion to amend, it comes back, you want to do a reamendment, so you can't anticipate every amendment during a meeting that you might have during the meeting. So how do we address that if these things have to be turned in before the meeting? It would seem to contravene the Roberts Rules of providing complicated amendments in writing. ARNSON: So Mayor and council, I think there's two parts of an answer to that question. And I don't want to speak for Linda because she was the one that prepared this document. But I think it probably doesn't convolute the need to -- if there's need for substantial written amendments. I mean, I'm assuming we're not writing those during the meeting, so if you have them to print out and bring, then I guess that would fall under the scope of what the Town Clerk is talking about. You're absolutely right that if there's a simple -- excuse me -- motion to amend, you know, a word change or to change some aspect of it, those of course should be done orally, you know, right here in the meeting. I would agree with that. MAYOR DICKEY: Councilwoman? TOWN OF FOUNTAIN HILLS Page 35 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 35 of 54 MENDENHALL: And I would agree with that as well. GRZYBOWSKI: Short amendment, not a big deal verbally. I totally agree with that. If it's going to be a lengthy page, I do support bringing it to us the day before, so we have an entire day to review it. When I get emails at 3 o'clock or after 3 o'clock on council day, I very rarely read them. I might notice it, but I very rarely have a chance to actually open my email and review it, let alone wanting to open up a PDF from my phone if I'm actually already on my way here or whatever. So I would also appreciate the day before, giving us the entire day of to review and then if we have any questions, we can consult the director of whatever department we need to do, or if we have permission consult the Town Attorney or whatever person put it together. I don't know how that kind of stuff would work. But inevitably, we may have questions and asking us to review something right here, right now, sitting on the dais that's lengthy, I think that you're putting undue pressure on the people sitting on the dais and you don't know what kind of results you're going to get when you have that kind of pressure. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, just to restate a point that might have been lost and that is, you know, sometimes during the debate, you can't anticipate an amendment might fail and then you might want to reamend. And again, that could be a lengthy -- you can't anticipate the day before where a conversation might go. And so I'd just like to make some kind of a provision and if -- you know, I go to LD3 (ph.) meetings and yeah, right during the middle of the evening they're writing down this and this, and then they hand it in, this is my written motion to amend, or this is my written motion. So during the middle of a meeting, it is feasible to actually draft a quick motion to amend so they can have it in writing and submit that to the parliamentarian under the chairman to be considered for a vote that evening. So it seems like this would be precluding us from doing something that we have a right to do, which is file a motion to amend and then bring it back and then reamend it. And so I think that's a little bit of an TOWN OF FOUNTAIN HILLS Page 36 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 36 of 54 issue that we have to deal with. MAYOR DICKEY: Vice Mayor? MCMAHON: I think we're talking two different things. We're talking that if you, say, have an ordinance and you change the ordinance and you bring it with you and all of a sudden you give it to us. You've already prepared it ahead of time. Where I'm asking for consideration that we have those documents ahead of time, so like Sharron said and I said before that we can comprehend it, we can study it along with the agenda and if need be, we can call a director or whoever and ask questions. Also out of respect for your time. 5 o'clock the same day, getting documents like that, trying to put them together, is really undue pressure on you and it -- I would think you would already be prepared for the meeting by then. And as to making amendments or motions or writing things down during a discussion, I think that's a different thing. I think that comes as a result of what you're discussing and what's before you while you're on the dais. I don't think this particular amendment precludes that. Correct me if I'm wrong. MAYOR DICKEY: Councilwoman? TOTH: I can see the reason for solving transparency issues. Is there a way to clarify the wording where if Councilmember Kalivianakis' theoretical situation were to occur, that if I were to take this notepad and write down my amendment and try to hand that out to everybody during the meeting because that's when it was thought of, is there a way to just clarify that language? Where if the note's written during the meeting because of the discussion -- MAYOR DICKEY: Aaron? TOTH: -- do you know what I'm trying to say? MENDENHALL: Yeah, I think I know what you're trying to say. We could say something to the effect that it applies to not amendments made at the council meeting. This would be predetermined -- I think a perfect example, and I can use this because they also provided me their changes, Councilmember Skillicorn had a handout and he provided me -- and that's one of the things in here. Everyone needs to give me a copy. Residents, too. Everybody needs to give me a copy for the public record. But he handed that out, but he gave one to me, too, so that, you know, met that purpose. TOWN OF FOUNTAIN HILLS Page 37 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 37 of 54 But these are things that you've thought about and this is great. You know, you should be reviewing these things and if you have some ways to make things and to improve them, please bring them. But for those that you didn't do on the fly, then this is what this is for. But maybe we can do something to show that if it's on the fly, this is not the same. TOTH: Okay. Thank you, Linda. MAYOR DICKEY: Aaron? ARNSON: And I agree with that. I agree with Town Clerk Mendenhall. I see both points that you're making here. I think that -- the way I'm reading it, we're talking about if you have a handout, if there's something that you're going to distribute that's preprepared, absolutely, whatever day or time you establish as a council is fine. If there's something that's done on the fly, it absolutely should not preclude that. I do amendments, you know, I propose language for amendments on the fly. We've had to do that many times during the meeting just because -- MILLER: Or stipulations. ARNSON: -- or stipulations or whatever, whatever the case may be. So no, we'd be sort of stopping our own work, right, by precluding those types of amendments. So I think we could probably add some sort of language to that to that effect. Whether that means we need to just bring this particular provision back for consideration next time around and kind of draft that between you and me, Linda -- MENDENHALL: Okay. ARNSON: -- maybe we can do that. I don't know if that's acceptable to council. MAYOR DICKEY: Well, I have a question. So we've never -- this has not been a problem. If you have a graph or you have something that you want to be included, you know, and that's information for a meeting then, you know, that would be something that would be great to get ahead of time. But an amendment, even if it's a complicated amendment, you write it down yourself. It becomes your notes. You come to the meeting. We all hear it at the same time and no one's making a motion or doing anything on that amendment or anything until everybody is hearing it at the same time. You're right, making amendments on the fly can be kind of, you know, harrowing because you're like well, wait a minute, wait -- TOWN OF FOUNTAIN HILLS Page 38 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 38 of 54 you know. But that's why we're here. That's the nature of what we're doing. And so it doesn't mean you have to write it down and hand it out to everybody. You just say it. You just say the amendment that you want. So I don't think anything in this language needs to be changed. This doesn't change the amendment process of a meeting. It just says if you have something to distribute that you know about by 3 o'clock the day -- or by 3 o'clock that day. I prefer the day before, too, because it does get, you know, we have our meetings at 2 to go over what we're going to do at the meeting. We got Linda running around like crazy and I just think that the day before would be a little easier than the 3 o'clock. But either one, you know, I'm okay with. But I still think something written, it doesn't have anything to do with making an amendment at a live meeting, and it can be as complicated as you want it to be. But you're reading it orally and it's fair to everybody else and you're not running around handing papers where people are trying to read. We all hear it. We can agree with it, second it, whatever. So I really don't think that this changes anything that you might want to do. KALIVIANAKIS: Yeah. And thank you, Ms. Mayor. Yeah, I think we're all in agreement. It's just the wording. I think that we're all in agreement that if you have a study, a seismic survey study, a street study, you know, yeah, sure, get that in early. I think we all agree with that. And as far as if we did have a complicated motion, you know, I just want to make sure that, you know, we didn't get that steamrolled in this language because -- and if you do a complicated motion during the course of a meeting, you don't really have to hand it out to everybody. It's just to document it for the record, so when we do a vote we know what we're voting on, and we don't do a vote and then say, well, I didn't mean that. That wasn't supposed to be -- it's the reverse I said. It's just to clarify the record, so when we vote, we know what we voted on. That's simply it. And so as long as, you know, we're in agreement on that, I think we have consensus. MAYOR DICKEY: Thank you. Gerry, did you want to say anything? FRIEDEL: Mayor, the only thing I would say that I would add is that I agree with the TOWN OF FOUNTAIN HILLS Page 39 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 39 of 54 amendment, but if the Mayor or a councilmember has an important document, like Allen shared something at one of the meetings, I don't think we should have a time limit on that the day before. I think we should be able to take it to the meeting and then disseminate it and make sure that Linda gets a copy of it. Because there's quite often times that we come up with information, and I haven't seen a lot of that, but there could be a time when we have an important piece of information that we need to share and we have a deadline for sharing that? I'm not sure I'm in on that. That's all I have. MAYOR DICKEY: Thank you. Thank you, Gerry. I'll add to that, though, that I noticed the last couple times we did it, the folks here and obviously the ones on -- that are watching on the television or on their computers, we're all reading something that they can't see. And I'd really rather have it be oral. So that -- I still agree with adding this part, making this change. Vice Mayor? MCMAHON: I'd still like it the day before. I just think it's important and if it's that important to have a handout, that's significant and it needs to be considered in advance of coming to the meeting while we're studying the agenda for the totality of the circumstances and then again to be able to call if we want to speak with a director or somebody else about it. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: One more comment. MAYOR DICKEY: I'm sorry. GRZYBOWSKI: If the majority wants the day of, I do ask that it not be later than 3 o'clock. I don't think that's fair to our Town Clerk. I know she's usually here by 5 or 5:10 every day because I'm usually here by 5:10, so I see her every time I'm in. So I don't think after 3 is fair to our Town Clerk, but I would like it the day before so that I have a -- we all have a chance to review it. MAYOR DICKEY: Thank you. MENDENHALL: Do we have consensus on the day of? I mean, how many people are okay with the day of, or how many people want the day before? MCMAHON: Day before. TOWN OF FOUNTAIN HILLS Page 40 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 40 of 54 GRZYBOWSKI: Day before. MENDENHALL: Day before? MAYOR DICKEY: Yeah, I'd rather have the day before, too. MENDENHALL: So three for day before. KALIVIANAKIS: I had day of -- MENDENHALL: Day of. KALIVIANAKIS: -- at 5 o'clock. MENDENHALL: Day of at 5 o'clock. MAYOR DICKEY: 5 o'clock? KALIVIANAKIS: Yeah. TOTH: Day of at 3, just to be fair to Linda. SKILLICORN: I would be good for day of and just -- today's logo was presented today. KALIVIANAKIS: Good point. MENDENHALL: And Gerry wanted -- MAYOR DICKEY: He doesn't want it at all. MENDENHALL: He doesn't want it at all. FRIEDEL: Day of. MENDENHALL: Okay. Not at all, right? FRIEDEL: Day of. GRZYBOWSKI: He just said day of. FRIEDEL: Day of. MENDENHALL: Day of, okay. ARNSON: Mayor and council, if I can just recommend, it sounds like we don't have consensus on this. And Town Manager was suggesting we may need to bring this provision back for a separate discussion because clearly, there's not consensus tonight. So that may guide the -- that may help us advance the discussion forward -- MENDENHALL: Um-hum. ARNSON: -- and if you move to approve without approval of Section -- what is this? UNIDENTIFIED SPEAKER: 4. ARNSON: 4. MAYOR DICKEY: Well, if I say day of at 3, would we have consensus? TOWN OF FOUNTAIN HILLS Page 41 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 41 of 54 ARNSON: If everyone agrees on day of at 3, then we can move forward. MAYOR DICKEY: Brenda? KALIVIANAKIS: I think Gerry would be against that. MCMAHON: I'd be against it, too. I want the day of. I mean, the day before. MAYOR DICKEY: I know. I'm just trying to see if we have four votes for day of at 3. MENDENHALL: Do we have four votes for day of at 3? One, two -- ARNSON: We got them. MENDENHALL: We do? We have it? Okay. ARNSON: Okay. MAYOR DICKEY: I'd rather just get this over with. ARNSON: Right. Okay. Day of at 3. MENDENHALL: Day of at 3. Okay. And copy for the clerk. MCMAHON: Do you have a timestamp? No, I'm serious. MENDENHALL: Email is always good, if you can. Yeah. MAYOR DICKEY: Thank you. MENDENHALL: But I do have a timestamp. MAYOR DICKEY: Thank you. MENDENHALL: I need it for elections. Okay, so the next item is the order of the agenda, and we had talked about at the council retreat the statement of participation. This is just the portion of where it would fall on the agenda, talking about it's later on in the document. And so we would follow the roll call. The Mayor would say -- MAYOR DICKEY: Linda, sorry. Could you move the page? MENDENHALL: Yes. Oh -- MAYOR DICKEY: Thanks. KALIVIANAKIS: Could you refer to it by number? MENDENHALL: Yes. Okay. Let's see, where am I at on this one? GRZYBOWSKI: 5.2. MENDENHALL: 5.2. Is this it? I can't -- Call to the Public. No, I think it's a little too far. There I am. No. GRZYBOWSKI: 9. TOWN OF FOUNTAIN HILLS Page 42 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 42 of 54 MENDENHALL: There I am. Okay. So we're on page 9. And so the Mayor would say, roll call and statement of participation. And so then I would do the roll call and then I would say the statement of participation, which will come in a little bit. On the next page, page 10, since we no longer have scheduled public appearance, that needs to be crossed off and we'll keep presentations because we will continue with presentations. There was also something noted that the council report for information from Town Manager is not how it's listed on the agenda. It's listed as council discussion and direction to the Town Manager. I like that verbiage better, so I struck that, the council requests, and added this verbiage. Hopefully, you all like that, too. And then we talked about the future agenda items category, the new category. That would fall after the direction to the Town Manager. Any questions? Okay. Then on page 11, this is where we -- the definition for the statement of participation is added to the Rules of Procedure. It talks about statement of participation. Following the roll call, the Town Clerk will read the statement of participation at each regular meeting and will consist of the following. And this is more for a Call to the Public and anyone speaking before council on an agenda item. It's basically, you know, some people are intimidated when they come to a council meeting and they're not really sure what they need to do. We have people who come regularly, so they're pretty hip on this, okay, but I would say anyone wishing to address the council regarding items listed on the agenda or under Call to the Public should fill out a Request to Comment card located in the back of the council chambers and hand it to the Town Clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Please limit your comments to three minutes. It is the policy of the Mayor and council to not comment on items brought forth under Call to the Public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council meeting. And I think this is important because, you know, people don't understand what, you know, each category on the agenda is and how they're supposed to -- you know, they TOWN OF FOUNTAIN HILLS Page 43 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 43 of 54 want to speak, but this will just help, you know, guide them. I did have a comment today. They didn't know if the council could answer them under Call to the Public. This would, you know, answer any of those questions ahead of schedule. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Yes, Ms. Mayor, thank you. Just to share some information I got today. I thought the statement of participation was a little confusing, so I reached out to our Town Manager, our competent Town Manager, and I asked him, could you straighten this out for me? So just for the people in the audience and the people at home, this is not giving another chance for people, like a second Call to the Public, a second call to participation. This is just kind of putting everything under one umbrella. We're not offering another chance to speak. This is the same Call to Public. We're just giving like the rules of the road. MENDENHALL: Instructions. KALIVIANAKIS: And just so there's some clarity on that to the people at home. MENDENHALL: Okay. KALIVIANAKIS: And thanks, Grady. MENDENHALL: And then the next portion is, under scheduled public appearance and presentations, we're removing the scheduled public appearance and so we'll strike any of that language that talks about that. But one of the things that was apparent is that we didn't really say what presentations were and so language was added to say the Town Manager may use the presentation section to provide the council with an update from department directors, contracted service providers, neighboring jurisdictions and regional organizations. Because this is the portion where we have people from like GPEC, Amanda gave her presentation, and so we wanted to kind of give a definition so it looks different than what's reports? That's a question. Well, what's the difference between reports and presentations? And so this kind of gives a definition for that. And then under Call to the Public, they're missing the word the, so I added that. And then, of course, all this will need to be renumbered because we're adding the statement of participation. The next part on 12, I'm striking where it says comments will summarized and TOWN OF FOUNTAIN HILLS Page 44 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 44 of 54 included in the minutes. We do verbatim minutes, so that information's already in there. So that language is not really needed. On page 13, this is -- we added upon advice of the Town Attorney, it's talking about speaking before council. And it's just something that, you know, in a meeting, you can make certain kinds of changes. And so we just want to add that language. And then the next item is, since we now -- this document was -- I'm trying to remember when it was created, like 1999, and so we have a new process. You can submit information online. So let's put that in our Rules of Procedure and talk about how that should be handled. Residents may also use the online request form to provide input regarding an item on the agenda. The online form is found on the town's website. The resident must completely fill out the online form and submit it no longer than 3 p.m. on the day of the council meeting for this item. The Town Clerk will place copies at each of the councilmembers station on the dais and when the item is up for discussion after all of the in-person comments have concluded, will read the speaker's name and whether or not they are for or against the item for the public record. Written comments provided through the online forum will not be read out loud at the meeting. This is just basically letting people know how online comments are handled and then we did add the for or against to the online forum. So this way, we know for sure if you're for or against something, if you've put in a written statement. This wasn't talked about at the council retreat, but this is something that needed to be added, so if you have any, you know, questions about that let me know, or any changes to that before I move on. Okay, we'll go on. Page 14, this is just that area where it was called council requests for information from Town Manager and we changed it to what's actually on the agenda. Page 15 has no changes. Page 16, no changes. 17, no changes. 18, no changes. Now, if you have changes, let me know and tell me to stop. TOWN OF FOUNTAIN HILLS Page 45 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 45 of 54 20, there is a change. And one of the things, when I was reading the Rules of Procedure because I'm a Town Clerk, I need to know these things, and since we were going to voice -- I mean, the roll call and voice voting, it has on there that all the members would be done in random order for each of the new items being voted on. I changed that to -- and it's because nobody wants to always be first all the time. And that makes sense, but it's -- typically, the Vice Mayor or Mayor are usually last, and so I changed that because I felt like it should be in sync with what is done naturally at meetings. And so I changed that to if a roll call method of voting is used, which we are using that from now on, unless we get a voting system, but the Town Clerk or designee shall call the names of members in random order with each new vote, concluding the vote with the Vice Mayor and Mayor, respectively. Members shall respond aye or nay. Do you have any questions? Since this is not something that was brought up at the council retreat, I just felt like it's something that we should change. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, as we all know, the Vice Mayor is a rotating position. Every eight months there's a new Vice Mayor. MENDENHALL: Um-hum. KALIVIANAKIS: And so this is -- with all deference to our current Vice Mayor, I don't understand why she would not be, or the Vice Mayor's position wouldn't just be part of the randomized crowd to call. And of course, with the Mayor being the deciding vote, the seventh vote. I think that we're -- the Vice Mayor is very -- it's a ceremonial role. They do ribbon cuttings and such, but they don't have any real formal duties and I think by making this amendment, we're actually giving the Vice Mayor more authority for what is just a rotating position that is kind of ceremonial. So I would be against that. MAYOR DICKEY: Any other comments? I think it's just a -- it's something that they do at other meetings all the time. Have the Vice Chair or the Vice whatever, usually a Vice Chair go next to last. So I'm fine with leaving it and also knowing that it does rotate, so that everybody would have their chance. So I'm fine with leaving it the way it is. TOWN OF FOUNTAIN HILLS Page 46 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 46 of 54 Any other comments? MCMAHON: I'm fine with leaving it because it's an honor to be rotated in as Vice Mayor. It's not just going to ribbon cuttings, et cetera. You represent the Mayor in her place and stead when she is unable to attend certain events, so I think it's completely fine to leave it like that. I don't think there's any harm in doing it. MAYOR DICKEY: Thank you. MENDENHALL: The Vice Mayor does -- let's say if Mayor Dickey is unable to attend a meeting, the Vice Mayor would step up and be presiding officer of that meeting. That's why I had it that way as well. Is there anybody else who -- consensus -- we'll move forward as it is? Okay. All right. Next is, there's no change on 21. On 22, it's just putting a -- it's just decision-making. Changing that. The next page is 23. There's no changes to that. 24 is just adding -- changing the word of to or because it's transportation or other assistance. Page 25, now, in keeping with numbering issues, these -- numbering was off and I guess I did the same thing. The person before me couldn't count and I can't count, either. So don't look at that, but there is only seven. So we're adding our Historic and Cultural Advisory Commission to the regularly scheduled boards and commissions that we have since that was approved last year. So we need to add that and so that will -- we'll put the numbering and we'll have it correct on there this time. And then I wanted to change -- I was reading this and how we actually do our selection on board and commission or committee members. They don't submit a cover letter of interest, so I struck that, and then I also struck resume because I included the resume in the next portion about the application. The application that describes the applicant's skills, experience, and educational background needed to ensure the successful filling of the vacancy. Applicants may submit a resume along with the application, however, not in lieu of filling out the application. And so it's changed there. And so with removal of those first two items, we need to renumber. Does anyone have any issues with that? TOWN OF FOUNTAIN HILLS Page 47 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 47 of 54 And then that also changes the section number down and for the numbering for the subsections in that one paragraph. That should do it for all of our changes to this document. You will notice at the bottom where I do have a strikeout where it says appendices, A-P-P-E. This document was used for a board and commissions handbook and it even used to say boards and commissions. This is our Rules of Procedure, so it's not an appendix. That needs to be removed and only called Rules of Procedure. MAYOR DICKEY: Yeah. MENDENHALL: So that's why those changes are on there. MAYOR DICKEY: I appreciate you taking that out because it was like, if you search online, it said boards and commissions, and you would never look for that. MENDENHALL: Right. MAYOR DICKEY: Were you able -- I'm sorry, I didn't know. When you did the online part, were you able to find that towns typo? MENDENHALL: Yes. Yes. And so that'll be changed. MAYOR DICKEY: Thank you. Appreciate that. Any other -- yes. Yes, councilwoman? TOTH: I just want to say I love your detail-oriented brain. I just -- I love it. You're very good at your job. MENDENHALL: Thank you. TOTH: So with that, I move to approve Resolution 2023-08, updating the Rules of Procedure as presented by Ms. Linda. SKILLICORN: Second. KALIVIANAKIS: Wasn't there a slight amendment, Aaron, that you were going to include in that? ARNSON: I think we were actually leaving it exactly as it was, right? Because that -- it's only pertaining to handouts and it was same day, 3 p.m. I think those were the only two issues. KALIVIANAKIS: Okay. MAYOR DICKEY: Thank you. Roll call, please? What, sorry? TOWN OF FOUNTAIN HILLS Page 48 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 48 of 54 GRZYBOWSKI: I think someone wants to -- TROLLER: Thank you. MENDENHALL: Lori Troller. MAYOR DICKEY: This is the last -- TROLLER: I'm sorry to add to this. Page 13, number 3, was the write-ins. I would like to see added to that the fact that -- because I was really surprised when I did a write-in, I was waiting for it to be read. Nowhere is it heard. And then when I wanted to hear or see everyone else's comments -- big old email, can you send them all, and it's -- so that's not defined. Can you define the fact that if somebody does a call-in, that the only way to see all those comments, you can reference these via, you know, Linda, we sent you an email. But it's kind of a big mystery. Once we give those to you, for folks who don't know, where do they go? How do you get them? How do you see the rest? That's my only -- MENDENHALL: Yeah, they are not part of the public record. It's just your name and whether you're for or against. If someone were to want to see what other people wrote, they would need to do a public records request. I'm not sure how. TROLLER: So is there a way to -- sorry, can I ask a question? Is there a way to do -- get your comment via write-in if you can't attend a meeting, to get it on public record? Because this is public record, right? MENDENHALL: Correct. So what -- how this came about was during COVID, and so when people weren't able to attend meetings, the Town Clerk -- I wasn't here, but the Town Clerk would read everybody's statements. And so that doesn't really happen now, but I mean, we can talk about that. What would we want to do? MAYOR DICKEY: Aaron? ARNSON: For a couple of reasons, I would go ahead and advise against that. The typical thing that happens and what happened in a couple of our surrounding communities is like when they started accepting online public comments, you ended up getting 260 of the same comment, against an item or for an item. They were all a page each and one of our sister municipalities spent two and a half hours just reading comments. TOWN OF FOUNTAIN HILLS Page 49 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 49 of 54 So to avoid that type of issue, what we typically recommend is if someone wants to have something actually stated on the record, come and speak about it. Otherwise, they're heard with respect to like this item right here. Ms. Gildersleeve submitted this. It's on the council for consideration. I think that's what the Town Clerk's getting at. MENDENHALL: And what we could do is update that to say if you -- it does say in there that it's not read aloud. It's just your name and for or against. But we could have -- it doesn't even have to be part of the Rules of Procedure, but it could just be when you're on the online -- the page where you see -- where you fill out a form. You could just mention that these are not read at -- and if you want to have them hear what you want to say, you have to come in person. Or something like that. I think you understand what I'm trying to say. I think that that's what's important because people do think that you're going to read their comment and we don't. And I do love talking, so I would read them all, but as many as we get, I don't think that, you know, we have time for all that. But it's important. I understand what you're saying. But we could do some kind of instructions on the website when you're getting to fill out that form. So people know that it's not going to be read. ARNSON: That sounds like a happy medium. MAYOR DICKEY: Yeah. It's -- TROLLER: And not part of the public record after this. MENDENHALL: And not part of the public record. But just your name. MAYOR DICKEY: But your name is read and your position is read -- MENDENHALL: And your position. MAYOR DICKEY: -- and that is on the public record. MENDENHALL: And that is. Okay. TROLLER: Right. Okay, great. MAYOR DICKEY: Okay. Thank you. MENDENHALL: So it may not be part of this document, but it should part of instructions so people know. One of the things I like to do is I like people to understand our processes and how this works, because we do want to hear what people, you know, think on items and we want your input. And if you don't feel that anyone's, you know, knows what you're saying, then, you know, that's -- TOWN OF FOUNTAIN HILLS Page 50 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 50 of 54 MAYOR DICKEY: Well, we always have email, too -- MENDENHALL: And email. MAYOR DICKEY: -- which is, you know, to communicate with us before, too. So technically, we have a motion and a second, and we're supposed to not take anymore comments after that, so -- we can, you know, ourselves. MENDENHALL: Yes. MAYOR DICKEY: So could we please have a roll call vote? MENDENHALL: Yes. Councilmember Kalivianakis? KALIVIANAKIS: Aye. 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: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you very much, everyone. Now, we'll have to go read them. More and more. Thank you so much. Our last item is our legislative bulletin -- I mean, our legislative items. Grady, did you have anything? MILLER: I didn't, although this is the time of the session when we start seeing striker bills, which is very dangerous. And striker bills, basically, are bills that were intended for a different purpose, a different law entirely, and they're struck and then inserted language of bills that may not have made it out of committee. So I think the Mayor has a TOWN OF FOUNTAIN HILLS Page 51 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 51 of 54 couple examples of those. MAYOR DICKEY: Unfortunately. MILLER: Yeah, so I'll turn it back to you. MAYOR DICKEY: Councilwoman? See, I just was paying attention. Yeah, well, you know, Senator Kavanagh and I wrote to most of the senate caucuses to ask them to vote no on the 1117, which is the zoning bill, and they did kill it, but it was a zombie and now it's back and it's a strike everything on to 2536. It will be heard in Commerce tomorrow. So unfortunately, 2536 was a bill that we liked. It was an actual League resolution, so we were all on the record as being in favor of it, so the League wrote us all today and said, please switch your vote from yes to no, because it is now, you know, nothing even resembling -- in fact, that was the League resolution. It was the House bill of -- the first bill that was signed by the Governor, which was a League bill, but it was the Senate bill and this was the mirror bill of it, so it's kind of ironic that they're using that as this vehicle. And again, same old thing. Upzoning is what we're talking about with Mountainside, it'll be by right. There'd be no Planning and Zoning. There'd be no discussion here. So yeah, and it hasn't changed and it didn't get better. So I want to thank Senator Kavanagh and all the senators who voted to kill that. And it will now be back and they'll have to try to do it again. There's a couple others, charter city bills and things that are just, you know, they're really harmful. But one of the ones I really wanted to mention was 1162, the homebased business restrictions. It creates by right, no impact homebased businesses. So it's not commercial, but there are a lot of kind of undefined aspects to this bill. Increasing parking and traffic by homes, as long as it's not substantial, but of course, what does that mean? It'd be very difficult to measure. It could only have three staff, but the staff has to be related, but it's like -- and it could be like car repair. Oh, and no business licenses, so they wouldn't have to have a business license. So not only just whatever the little minimal amount that we collect for that, but also we would have no knowledge of that. So that one is worrisome, I think, on several levels. So I don't know TOWN OF FOUNTAIN HILLS Page 52 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 52 of 54 what's going to happen with that. It did pass five to two through the committee, so -- Let's see, what else? Municipal oversight -- yeah, I think, you know, there's a lot going on. But I think the most immediate one would be, if you were in favor of that one bill, 2536, make sure you turn it into a no. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. And I just want to let you know that -- we've talked about this one before, but 1053, the telemedicine bill for veterinarian care. That went to committee and they got it pulled out of committee this week, I don't know why. There's a very strong lobby against telemedicine for pets. Basically, this is going to help pets that are in very rural areas and on reservations and it's either providing some care or no care. And the lobbyists say that they are going to prescribe drugs over the phone on telemedicine. That is simply not true. It's a lie. They don't prescribe any drugs. They just give as much care as they can on the phone. So I'm hoping this goes back to committee and goes through the process, because if you love pets, you'd be for this bill. MAYOR DICKEY: Thanks. So can we find that now to put in a yes on it? Because -- SKILLICORN: It's not on the channel right now. MAYOR DICKEY: Oh. SKILLICORN: So you could do it through -- MAYOR DICKEY: We just have to keep trying. SKILLICORN: Yeah, it's 2.0, not the (indiscernible). MAYOR DICKEY: Thank you. So okay. Are next item is our council discussion, direction to Town Manager, which for the moment includes future agenda items. Is there anything anybody has -- Yes, councilman? SKILLICORN: Thank you, Madam Mayor. Grady, thank you for all you've done and all that. I don't know if this is already going to be on agenda because I don't know, you know, the backroom. But the Sunridge Park, potentially selling that property, what we're going to do with it. I know we discussed it, but I don't know the formal -- if we're going to discuss that coming up, and maybe it should be more of an informational than an TOWN OF FOUNTAIN HILLS Page 53 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 53 of 54 action because I don't know what the consensus of the council is yet. But I would like to have that discussion, so we can come up to -- some direction. MILLER: Will do. Thank you. MAYOR DICKEY: Yeah, I think we have some information about that. Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Boy, this week my email account has just been blowing up on this Angel Heart Health facility. I've been hearing from a lot of constituents about that. There's a great deal of concern out there in our community and I think I'd be remiss if I just sat here and didn't address this tonight. The facility known as Angel Heart Health Services, located at 16929 East Saguaro Avenue, and given the nature of the proposed services, behavioral health and detox care, in an area zoned C-O, which is not an approved use under our zoning laws, I hereby formally request this council and Mayor to place the current business license that has been applied for on hold until a public hearing can be held to gather input from the public and consult with our town's legal department. I request the business license application as a noncompliant facility to be placed on the future upcoming agenda, and furthermore request an executive session to discuss the legal ramifications to the service we received tonight in the document Notice to Fountain Hills City Council and Staff. Significantly about this, I know I reached out already to staff and you know, it does hold us personally liable for damages. And so I think that this is something that we have to address. I think this something the public is aware of and wants to have public comment on. And so I am requesting this be placed on a future agenda. And I'd like to have a second and a third if I could, please. TOTH: Second. SKILLICORN: (Indiscernible). MAYOR DICKEY: Thank you. I think we -- I'll have to talk to Aaron about -- because I think Executive Session is in order. I don't know about the procedure of us actually talking about a specific business license request or application, so let's go with that first. ARNSON: Yeah. At a minimum, legal advice is warranted. TOWN OF FOUNTAIN HILLS Page 54 of 54 MARCH 21, 2023 TOWN COUNCIL MEETING MINUTES Page 54 of 54 KALIVIANAKIS: Yeah. And I mean, if we've got three councilmembers that at least want to put this business license on hold, can that be done? ARNSON: Can you let me circle back with the council tomorrow via email? KALIVIANAKIS: Of course. ARNSON: Okay, thanks. KALIVIANAKIS: Okay. ARNSON: That might be better to send a privileged email. KALIVIANAKIS: Yeah. ARNSON: Thanks. KALIVIANAKIS: Thank you. MAYOR DICKEY: Thank you. Any other items? I want to make sure, of course, that I say whatever your next adventure is, our neighbor, Grady, our resident and his family, we wish them all good things, of course. I really can't thank you enough for your steady leadership, always professional, honest answers. Grady's commitment to excellence, that's my favorite team's motto, was always clear and constant and Fountain Hills is all the better for your nine years of service. And I know this isn't technically your last day, so you'll hear a lot more from us, but we just can't thank you enough for what you've done for our town. MILLER: Thank you very much. MAYOR DICKEY: And with that, we're adjourned. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on March 21, 2023, at 7:31 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 March 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd Day of May 2023. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving extension of Professional Services Agreement 2022-071 with Shums Coda for 3rd party plan review and inspection services for Phases II and III of Park Place. Staff Summary (Background) On December 22, 2021, the Town released a Request for Qualifications (RFQ) for plan review and inspection services for Park Place Phases II and III.  Four firms provided responses.  The proposals were reviewed by a three member staff committee from Development Services and Engineering. The firm of Shums Coda was selected as the best-qualified vendor to provide these services.  On May 17, 2022, the Town Council approved the contract.   The purpose of the solicitation was to secure a firm that can provide building plan review and inspection services for Phases II and III of Park Place.  These are large, complex buildings which would take a lot of staff time to review.  By hiring a third party to provide these services staff will be able to continue handling the regular plan reviews and inspections. The Development Agreement for Park Place anticipates using a third-party plan review and inspection service; this was done with Phase I. The contractor for the development will reimburse the Town for the cost of the consultant. The Building Official will oversee the document review and inspections process.  The Town will issue the building permit and provide the final approval for the certificate of occupancy. The contact that was approved last year is set to expire.  Staff is requesting Council approval a contract extension to provide for the ongoing process of reviewing and approving the construction documents, as well as the future inspections of construction.   Related Ordinance, Policy or Guiding Principle N/A   Risk Analysis Risk Analysis The Town has determined that using a third party service for the plan review and inspections of this development will provide hight quality plan review while allowing staff to continue the review and inspection processes with other applications. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval the extension of Professional Services Agreement 2022-071 SUGGESTED MOTION MOVE to approve the extension of Professional Services Agreement 2022-071 with Shums Coda. Attachments First Amendment to Contract  Initial Contract  Exhibit A  Exhibit B  Exhibit C  Exhibit D  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 04/13/2023 02:43 PM Form Started By: John Wesley Started On: 04/13/2023 10:55 AM Final Approval Date: 04/13/2023  1 Contract No. 2022-071 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. AND N SHEA GROUP, LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Shums Coda Associates, Inc., a(n) California corporation (the “Consultant”) and N-Shea Group, LLC, an Arizona limited liability company (the “Developer”). RECITALS A. The Town issued a Request for Qualifications, RFQ No. 2021-RFQ-008 (the RFQ”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of Plan Review and Building Inspection Service (the “Services”). B. The Vendor responded to the RFQ by submitting a statement of qualifications (the Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to engage the Consultant to provide Plan Review and Building Inspection Services (the “Services”). D. The Town desires to enter into an Agreement with the Consultant to perform the Services, more particularly set forth in Section 2 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 Consultant hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective upon execution and shall remain in full force and effect until April 1, 2023 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services (attached hereto as Exhibit B) 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 Consultant shall provide the Services to the Town on an as-required basis relating to the specific 2 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 D and incorporated herein by reference. By signing this Agreement, Consultant 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 for Park Place II and III. The Town Manager shall calculate the current building permit fee and the percent of the fee associated with the Town’s direct costs associated with the Town’s scope of work for fire safety and planning and zoning as stated in Section 6.2 D of the Development Agreement. Prior to issuance of the building permit, the Developer shall pay the Town their fee as calculated above for the Town’s scope of work. All direct costs for plan review and inspections billed for plan review an inspections by the Consultant shall be paid to the Town by the Developer. Developer shall be responsible for 100% of the cost of Consultant plan review and inspection services. All fees from the Fountain Hills Sanitary district and Epcor will be billed to and paid directly by the Developer. Should the total cost of the Consultant’s services be less than the building permit fee, the additional funds will be returned to the Developer. Should the costs exceed the funds provided through the building permit fee, the Developer shall pay the additional amount. 4. Payments. Consultant billing amounts shall be based on the fee schedule in Exhibit C. The Town shall pay the Consultant monthly (and the Consultant 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. Developer payments to the Town shall consist of the following: 4.1 Developer to pay 40% of the calculated building permit fee amount within two weeks of plan submittal. Balance of final building permit fee to be paid at permit issuance. 4.2 Payment for Town’s scope of work for planning and zoning plan review and inspections to be paid prior to issuance of the building permit. 4.3 Payment for Town’s scope of work for fire safety plan review to be paid prior to issuance of building permit. 4.4 Payment for Town’s scope of work for fire safety inspections to be paid prior to issuance of a certificate of occupancy for each phase. 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. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. Consultant 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 3 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, Consultant 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. 6.1 Developer may contact Consultant personnel working on the Project as needed to clarify and address plan review and inspection comments. 7. Inspection; Acceptance. Town shall have oversight of Consultant’s performance to ensure compliance with all applicable codes and project specifications as adopted by the Town of Fountain Hills. The Consultant shall provide and maintain a self-inspection system that is acceptable to the Town. 8.Licenses; Materials. Consultant 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 Consultant, 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 Consultant. 9.Performance Warranty. Consultant 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 Consultant 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, including the Developer, 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 Consultant, 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. 4 11.Insurance. 11.1 General. A.Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B.No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. 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 Consultant 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. 5 C.Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D.Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E.Primary Insurance. Consultant’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F.Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G.Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H.Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. I.Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant 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 Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J.Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant 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 6 the insurance policies as required by this Agreement, issued by Consultant’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 Consultant’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)Consultant’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 Consultant 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 7 agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Consultant shall maintain occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code 1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and 2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant’s employees engaged in the performance of 8 work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated with cause after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Consultant 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 Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, 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 Consultant 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 9 provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Consultant 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 Consultant shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant 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. Consultant, 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 Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements as agreed in Section 2 above and in Exhibit A. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Consultant 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 Consultant 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. 10 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant 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 Consultant. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Consultant 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. 11 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Az. 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Az. 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Shums Coda Associates, Inc. 5776 Stoneridge Mall Rd., Suite 150 Pleasanton, Ca. 94588 Attn: Christine Godinez If to Developer: N-Shea Group, LLC 14555 N. Scottsdale Rd., Suite 240 Scottsdale, Az. 85254 12 Attn: Bart M. Shea or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Consultant 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. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant 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 Consultant 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 Consultant’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 Consultant’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, Consultant 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. Consultant 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 Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Consultant 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). Consultant’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. 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. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney SIGNATURES CONTINUE ON FOLLOWING PAGES] Aaron Arnson (May 24, 2022 08:44PDT) Elizabeth Klein (May 24, 2022 13:56 PDT) Contractor” By: Name: Title: Developer”, Agrees to Section 2, “Scope of Work”, Section 3, “Compensation”, Section 4, “Payments”, Section 7, “Inspection; Acceptance”, Section 10, “Indemnification”, Section 12.1, “For Town’s Convenience”, above, and Exhibit B, “Scope of Work”, and Exhibit C, “Fee Schedule” By: Name: Title: Bart M Shea (May 23, 2022 15:21 PDT) Bart M Shea Member N- Shea Group Bart M Shea Christine Godinez Chief Operating Officer Shums Coda Associates, Inc. EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services RESPONSE DEADLINE: January 25, 2022 at 5:00 pm Report Generated: Wednesday, February 16, 2022 Shums Coda Associates Proposal CONTACT INFORMATION Company: Shums Coda Associates Email: marketing@shumscoda.com Contact: Christine Godinez Address: 5776 Stoneridge Mall Road, Suite 150 Pleasanton, CA 94588 Phone: N/A Website: www.shumscoda.com Submission Date: Jan 25, 2022 1:43 PM PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* The submission of the SOQ did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted SOQ. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Department Heads, and other Town staff unless such person is designated as a Town Representative. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in RFQ Submission Process section Inquiries. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 3 Confirmed FINANCIAL STABILITY* It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* The signature on the cover letter of the SOQ and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the SOQ and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted SOQ and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed REFERENCE CHECKS* References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. Confirmed PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 4 2. Vendor Proposal GENERAL INFORMATION* A. One page cover letter as described in the section titled "RFQ Submission Process ", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the SOQ. C. Identify the location of the Vendor’s principal office and the local work office, if different from the principal office. D. Provide a general description of the Vendor that is proposing to provide the Services, including years in business. E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that has been terminated within the last five years. Briefly describe the circumstances and the outcome. F. Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome. SCA_FountainHills_Proposal.pdf EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the Town, specifically relating experience with respect to plan checks/building inspections. A. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 5 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. SCA_FountainHills_Proposal.pdf KEY POSITIONS* A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed Project Manager and Project Engineer. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. SCA_FountainHills_Proposal.pdf PROVIDE DOCUMENTATION ON EACH PLAN REVIEW AND INSPECTOR SHOWING CERTIFICATIONS FOR AREAS OF RESPONSIBILITY* SCA_FountainHills_Proposal.pdf PROJECTED REVIEW TIME NECESSARY TO COMPLETE PROJECT REVIEW?* Information provided in SOQ file Th e T o w n o f F o u n t a i n H i l l s Sh u m s C o d a A s s o c i a t e s Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 Th e T o w n o f F o u n t a i n H i l l s Sh u m s C o d a A s s o c i a t e s Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20-4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 8 Certifications Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 9 Certifications Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 11 Appendix Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water-Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector Th e T o w n o f F o u n t a i n H i l l s Sh u m s C o d a A s s o c i a t e s Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 Th e T o w n o f F o u n t a i n H i l l s Sh u m s C o d a A s s o c i a t e s Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20-4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 8 Certifications Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 9 Certifications Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 11 Appendix Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water-Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector Th e T o w n o f F o u n t a i n H i l l s Sh u m s C o d a A s s o c i a t e s Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 Th e T o w n o f F o u n t a i n H i l l s Sh u m s C o d a A s s o c i a t e s Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20-4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 8 Certifications Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 9 Certifications Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 11 Appendix Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water-Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector Th e T o w n o f F o u n t a i n H i l l s Sh u m s C o d a A s s o c i a t e s Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 Th e T o w n o f F o u n t a i n H i l l s Sh u m s C o d a A s s o c i a t e s Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20-4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f Fo u n t a i n Hi l l s Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 8 Certifications Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 9 Certifications Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 11 Appendix Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water-Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Sh u m s C o d a A s s o c i a t e s Th e T o w n o f F o u n t a i n H i l l s Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Scope of Work] BUILDING, FIRE, AND CIVIL PLAN REVIEW SERVICES provided are to ensure compliance with all applicable codes, standards and project specifications as adopted by the Town of Fountain Hills. Plan Review Services shall include evaluations of the construction documents for compliance under the disciplines of Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Accessibility, Civil, and Life Safety . The Town of Fountain Hills will be reviewing Planning & Zoning submittals. Building Official, Town Engineer, and Fire Marshal to be consulted as needed during review to ensure compliance with codes and local amendments. Plan review will be electronic with submissions coming to and from the Consultant going through the Town. First submittal plan review in any discipline to be completed within three calendar weeks. All subsequent reviews within two calendar weeks. Upon approval, permit issuance is required by the Town. INSPECTION SERVICES provided are to ensure compliance with all applicable codes, standards and project specifications. Inspection Services include; daily field observation reports documenting any issues that arise on-site, reporting any defects, deficiencies, and quality issues or concerns, attendance of requested project meetings, and photographs of work being performed during the course of the construction schedule. Building Inspection services include monitoring construction for adherence to the requirements listed on the approved construction documents under the disciplines of Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Accessibility, Civil, Landscaping, and Life Safety. Inspections will be logged using the Town’s electronic inspection system. All inspections to be completed the next business day. In addition to the inspections specified in IBC Sections 110.3.1 through 110.3.7, Consultant or the Town of Fountain Hills, are authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the adopted codes and other laws that are enforcement by the Town of Fountain Hills. PROJECT MANAGER SERVICES provided are to ensure compliance with all applicable codes, ordinances, standards and project specifications as adopted by the Town of Fountain Hills. Services include requested attendance of project meetings, review of RFI’s and ASI’s, coordination and communication with project team representatives, project oversight for services, identify any non- compliance and/or design issues and assist with recommendations and alternatives for resolutions, and interface with all other agencies and departments. ADMINISTRATION SERVICES include processing and scheduling requests and field reports, project document control, processing review letters, distribution and coordination to the project team, permit tracking, records management, and quality assurance of project documents. SCOPE1.Scope of Work 2. Payment StructureDeveloper shall:a)Pay any invoice from the Town within 30 days per Section 4, "Payments"b)Pay the Town an additional fee of 1% on outstanding balances over 30 calendar days past due; past due balances will also result in all inspection work ceasing until all outstanding balances are paid EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Fee Schedule] See following pages. To w n of Fo u n t a i n H i l l s , A Z Building Plan Review & Inspection Services Building Life-Safety Services Building Plan Review Services Fees for comprehensive plan reviews, performed at SCA offices, will be equal to Sixty- Five percent (65%) of the plan review fees as calculated per the jurisdiction. The Town of Fountain Hills will provide SCA with jurisdiction calculated plan review fees (per project phase of review) for use in calculating SCA’s fees. In return, invoicing will be done on a monthly basis with detailed description of each project. The above fee covers all services associated with the typical plan review, including a first, second and quick third review to approve projects. Extensive plan reviews (longer third reviews or more) will be charged on an hourly rate shown below. When hourly rates are to be applied, SCA will notify Fountain Hills through the completion of the third review comment letter, and would anticipate directly from the Town staff as to how to resolve the final comments in the most expeditious manner possible. Pre-application, pre-construction, or additional meeting attendance that is necessary for unusual or complex projects shall also be charged at the same hourly rate schedule. SCA reserves the right to determine the appropriate level staff member for the hourly plan review items that may occur, but will attempt to utilize the most economical rate based on the complexity of the review. Personnel Description Hourly Billing Rate Senior Plan Review Engineer/Architect $100 Plan Review Engineer/Architect $95 Senior Plans Examiner $90 Plans Examiner (residential, fire code and fire protection systems – not FPE or WUI) $80 Turnaround Schedule SCA will generally complete standard plan reviews per the following schedule: Number of Working Days Initial Check (1st): Recheck(s): Residential Single-Family Dwellings New/Addition/Remodel 10 5 New Multi-Family Townhomes/ Apartments (Standard) 10 5 New Multi-Family Apartments (Large Scale) 15 10 Non-Residential New Multi-Building Campus 15+ 10 New Building 15 10 TI 10 5 These review times are based on typical plan submittals, but this being a phased and specific project, and more complex in nature, is anticipated to require some minor adjustments to the general turnaround schedule. If an expedited plan review is requested, the turn-around time could be as quickly as a single day, but these types of review schedules are typically determined based on the complexity of the phase of the project and the availability of SCA staff to complete the review. Building Inspection Services The scope of inspection services to be provided for this project will be determined mutually by Shums Coda Associates Regional Manager and the Chief Building Official. Inspector(s) provided to the town will report directly to the Chief Building Official or other person designated by the Town of Fountain Hills for all project-related work. Fees for inspection services shall be billed hourly based on the rates below: Personnel Description Hourly Billing Rate Supervising Inspector / Inspector of Record $100 - 115 Senior Inspector $80 - 90 Inspector II $70 - 80 Inspector I $60 - 70 Inspector In-Training $45 - 60 To w n of Fo u n t a i n H i l l s , A Z Building Plan Review & Inspection Services Building Life-Safety Services Other Services The scope of services to be provided will be defined uniquely for each project or as determined mutually by Shums Coda Associates and the Chief Building Official. We provide the following hourly rates to cover these services as requested by the Town of Fountain Hills: Personnel Description Hourly Billing Rate Acting/Deputy Building Official $110 Senior Fire Protection Engineer/Inspector $150 Fire Protection Engineer/Inspector $140 Fire Inspection/Level II Suppression Systems $100 - 120 Permit Technician $55 Clerical $40 Overtime Overtime will be not be charged for any plan review services billed at the hourly rate, while inspection and other services will be charged at 150% of the standard hourly rates, but only when mutually agreed upon with the City of Fountain Hills. EXHIBIT D TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Work Order] See following pages. ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202 Grant Funding from Fort McDowell Yavapai Nation Staff Summary (Background) In order to market and promote the community, the Economic Development Department depends heavily upon grant funding from the Arizona Office of Tourism (Proposition 302), Fort McDowell Yavapai Nation, and the Salt River Pima-Maricopa Indian Community (Proposition 202). Staff is seeking approval to apply for Prop 202 Grant Funding from the Fort McDowell Yavapai Nation in the amount of $30,000 for FY2023/24.The Economic Development Department has undertaken significant marketing and advertising efforts to encourage visitors to come to the Town. Previous marketing efforts included advertisements in local publications (Phoenix Magazine, Wander AZ, ExperienceAZ) and in Canada (Canadian Snowbird Association Magazine), as well as updating the Experience Fountain Hills tourism website. If awarded the grant funding this year, the funds would support new marketing efforts to enhance the Fountain Hills destination.  Related Ordinance, Policy or Guiding Principle 2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic Development and Promote the Long-Term Financial Sustainability of Town Infrastructure, Environmental and Social Resources Risk Analysis Grants provide funding to support economic development and tourism initiatives for the Town of Fountain Hills. Failure to receive funding will result in less funding available for marketing and promotion of the community, which may impact the number of visitors to Fountain Hills resulting in a loss of bed and sales tax revenue.  Recommendation(s) by Board(s) or Commission(s) N/A   Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to approve staff to apply, take receipt and make any necessary budget transfers of Prop 202 grant funding  from the Fort McDowell Yavapai Nation to support the Town's economic development and tourism efforts. Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 04/17/2023 03:38 PM Finance Director David Pock 04/17/2023 05:48 PM Finance Director David Pock 04/17/2023 05:48 PM Town Attorney Aaron D. Arnson 04/18/2023 08:35 AM Interim Town Manager Rachael Goodwin 04/24/2023 12:00 PM Form Started By: Amanda Jacobs Started On: 04/17/2023 02:49 PM Final Approval Date: 04/24/2023  ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: To approve the recommendations for the appointment of members to the Town's Boards, Commissions, and Committees.  Staff Summary (Background) The Council Subcommittees for the Towns Boards, Commissions, and Committees conduct interviews and make recommendations for membership based on the term expiration, vacancies from resignations, or changes in membership eligibility status. Appointments are made each year in April and October. The April recruitment consists of vacancies on the Strategic Planning Advisory Commission, the Sister Cities Advisory Commission, the Community Services Advisory Commission, and the Planning and Zoning Commission.  Strategic Planning Commission There are two commission members with terms that expire on April 30, 2023; both commissioners have requested reappointment. There is also a vacancy on this commission due to the resignation of Mary Edman. The appointments to this commission will be for a full term.  Sister Cities Advisory Commission Two vacancies that exist on this board from the resignations of two board members. The appointment to this commission will be for a partial term.  Community Services Advisory Commission There are two commission members with terms that expire on April 30, 2023; both commissioners have requested reappointment.  Planning and Zoning Commission There are two commission members with terms that expire on April 20, 2023; both commissioners have requested reappointment.   The Council Subcommittee for the Boards, Commissions, and Committees held a meeting on April 24, 2023, to conduct interviews of residents who applied for the vacancies on the Towns Boards, Commissions, and Committees and made recommendations for appointment to those committees. Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommendations to the Mayor have been made by the Council Subcommittees A. Staff Recommendation(s) To approve the Council Subcommittee recommendations for appointments to the Boards, Commissions, and Committees, as follows: Strategic Planning  Advisory Commission Appoint _________ for a term from 5/1/2023 to 4/30/2026 Make the following reappointments of citizens to the boards and commissions as follows: Strategic Planning Advisory Commission Reappoint _____________ for a full term from 5/1/2023 to 4/30/2026 Reappoint _____________ for a full term from 5/1/2023 to 4/30/2026 Planning and Zoning Commission Reappoint _____________ for a full term from 5/1/2023 to 4/30/2026 Reappoint _____________ for a full term from 5/1/2023 to 4/30/2026  Community Services Advisory Commission Reappoint ______________for a full term from 5/1/2023 to 4/30/2026 Reappoint ______________for a full term from 5/1/2023 to 4/30/2026 To fill the vacancies at a future date for the following commission: Sister Cities Advisory Commission Appointment for two commissioners with partial terms (11/1/2022 to 10/31/2025)  SUGGESTED MOTION MOVE to approve the Council Subcommittees' recommendations for appointing members to the town's boards, commissions, and committees as presented.   Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 04/21/2023 07:46 AM Finance Director David Pock 04/21/2023 09:26 AM Town Attorney Aaron D. Arnson 04/21/2023 10:48 AM Town Attorney Aaron D. Arnson 04/21/2023 10:48 AM Interim Town Manager Rachael Goodwin 04/24/2023 11:46 AM Form Started By: Linda Mendenhall Started On: 04/13/2023 09:11 AM Final Approval Date: 04/24/2023  ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  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 2023-13, abandoning the 10' Public Utility and Drainage Easements along the south and west sides of 9048 N Leo Drive (Application A23-000005) Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easements along the southern and western property lines of Plat 412-B, Block 2, Lot 14 (9048 N Leo Drive).  Eric & Jenny Palmer, the owners of the property, are planning to install vegetation which will encroach into the existing easements.  Staff have reviewed the site to determine the potential on-site  drainage issues in addition to the Town's general interest in the easement.  There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property.  All public utilities have approved the abandonment of this easement. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2023-13. SUGGESTED MOTION MOVE to adopt Resolution 2023-13. Attachments Attachments Vicinity Map  Aerial Photo Map  Res 2023-13  Exhibit A: Survey  Form Review Inbox Reviewed By Date Development Services Director John Wesley 04/12/2023 10:32 AM Town Attorney Aaron D. Arnson 04/12/2023 10:33 AM Interim Town Manager Rachael Goodwin 04/25/2023 01:53 PM Form Started By: David Janover Started On: 04/11/2023 10:03 AM Final Approval Date: 04/25/2023  BEELIN E H W Y SHEA BLVD PAL I S A D E S B L V D SAGUARO BLVD SAG U A R O B L V D PALIS A D E S B L V D PALISA D E S B L V D SA G U A R O B L V D FO U N T A I N H I L L S B L V D McDOWELL M O U N T A I N R D FO U N T A I N H I L L S B L V D SUNR I D G E D R EL L A G O B L V D AVEN U E O F T H E FOUN T A I N S PA N O R A M A D R FI R E R O C K C O U N T R Y CL U B D R CR E S T V I E W D R SIERRA M A D R E GRANDE BL V D G O L D E N E A G L E B L V D E A G L E R I D G E D R E A G L E R I D G E D R VICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is Ar i z o n a F O U N TAIN HI L L S T OWN OF INC. 1989 TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FO R T M c D O W E L L Y A V A P A I N A T I O N SALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE 9048 N Leo Dr A23-000005 DEVELOPMENT SERVICES A ll that is A r i z o n a F O U N T AIN HI L L S TOWN OF INC. 1989 ZONING: R1-43 LOT 14 LEGEND: PHOTO MAP 2022 AERIAL LOT 13 A23-000005N L E O D R LOT 15ABANDON 10' P.U.E. & D.E. LOT 12 LOT 16 ABANDON 10' P.U.E. & D.E. RESOLUTION 2023-13 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 SOUTHERN AND WESTERN PROPERTY LINES OF PLAT 412-B, BLOCK 2, LOT 14 (9048 N LEO DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 163 OF MAPS, PAGE 2 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 SOUTHERN AND WESTERN property lines of Plat 412-B, Block 2, Lot 14 (9048 N Leo Drive) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 163 of Maps, Page 2, 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 May 2, 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 14 A23-000005 ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Aaron D. Arnson, Town Attorney Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of Resolution 2023-19 regarding a moratorium on 5G services. Staff Summary (Background) Recently, Town staff received many comments and questions from residents related to the safety of wireless facilities within Town limits, specifically the safety of “5G” wireless facilities. At the Council’s April 18, 2023, regular meeting, Town staff informed the Council that it had retained an outside expert to conduct a substantive review of the Town’s ordinances, applications, and design review guidelines related to wireless facilities in general. In consideration of the residents’ concerns and the revision process, the Council directed staff to draft a “moratorium” on the consideration and construction of facilities, modeled after a resolution from the Town of Easton, CT.   Federal law provides that “No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.” 47 U.S.C. § 253(a)). Federal law largely preempts state and local regulatory authority over wireless facilities and small wireless facilities, except for reasonable aesthetic requirements. Further, in 2018, the Federal Communications Commission adopted “shot clocks” that require local governments to review applications within a certain time from the date of submission, otherwise the application is deemed approved. In 2019, the Arizona Legislature adopted a similar shot clock for the approval of small wireless facilities in the right of way. At the request of the Council, the staff is presenting options, including 1) a motion to cease the buildout of 5G-enabled small cell wireless infrastructure until December 31, 2023, or upon earlier completion of an ordinance codified and adopted by Mayor and Council and 2) a resolution draft by Councilmember Kalivianakis that "calls upon all Telecommunications Companies and Public Utilities operating in Fountain Hills to cease and desist in the build-out of 5G-enabled small cell antennas" as stated below. The proposed resolution regarding “completion of an ultra-wideband ordinance providing services via underground fiber optics, point-to-point, zero antennas, no wireless attachments on streets is codified and adapted” may be insufficiently defined to understand what the resolution contemplates.    Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The Council may pass or reject the motion as written or amended, or adopt or reject the Resolution as written or amended. Staff emphasizes, however, that a moratorium is permitted and enforceable only to the extent allowed under applicable law. Staff emphasizes further that approving either (1) will not toll any applicable shot clock under federal or state law; (2) will not prevent the approval of new applications for 5G-enabled small cell facilities.  SUGGESTED MOTION MOVE to cease the build-out of 5G-enabled small cell wireless infrastructure until December 31, 2023, or upon earlier completion of an ordinance codified and adopted by the Mayor and Council or MOVE to approve/reject Resolution 2023-19.  Attachments Resolution 2023-19 - Version One  Resolution 2023-19 - Version Two  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 04/21/2023 07:18 AM Finance Director David Pock 04/21/2023 09:34 AM Town Attorney Aaron D. Arnson 04/25/2023 12:27 PM Interim Town Manager Rachael Goodwin 04/25/2023 01:53 PM Town Attorney Aaron D. Arnson 04/28/2023 09:00 AM Town Manager Linda Mendenhall 04/28/2023 10:25 AM Interim Town Manager Rachael Goodwin 04/28/2023 10:35 AM Form Started By: Linda Mendenhall Started On: 04/21/2023 06:59 AM Final Approval Date: 04/28/2023  RES 2023-19 Page 1 of 2 RESOLUTION 2023-19 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL, CALLING UPON ALL TELECOMMUNICATIONS COMPANIES AND PUBLIC UTILIITIES OPERATING IN THE TOWN OF FOUNTAIN HILLS, ARIZONA TO CEASE THE BUILD-OUT OF SO-CALLED “5G” WIRELESS INFRASTRUCTURE UNTIL DECEMBER 31, 2023 OR UNTIL AN ORDINANCE IS ADOPTED IN WHICH PROVISION OF ULTRA-WIDE BAND DATA SERVICES ARE SERVICED BY HARDWARE UNDERGROUND FIBER OPTICS, POINT-TO-POINT, ZERO ANTENNAS, AND NO WIRELESS ATTACHMENTS ON STREETS. Whereas, the telecommunications industry is engaged in a massive deployment of microwave and millimeter-wave “small cell” antennas across the country to facilitate the next generation of wireless communications knows as 5G, and Whereas, this new technology uses existing wireless infrastructure and new types of radio-frequency (“RF”) microwave radiation to transmit large amounts of data, but requires significantly closer proximity to users, resulting in the dense deployment of antennas near residences, schools, and hospitals, and Whereas, the deployment of 5G-enabled small cell antennas our town raises questions regarding the potential health and environmental impacts of long-term exposure to untested RF microwave radiation frequencies, and Whereas populations especially at risk from this exposure include pregnant women, children, the elderly, and individuals with implanted medical devices, or cardiac or neurological problems, grand mal seizures, EHS, and Whereas, a significant body of published, peer-reviewed, independent investigation suggests a link from exposure to RF microwave radiation with serious environmental and biological harm, including increased risk of cancer, reproductive problems and neurological impairments, and, Whereas, The Federal Communications Commission (“FCC”) has not conducted any long-term safety testing of new 5G wireless technologies, and has failed to update its human RF microwave radiation exposure guidelines since 1996, despite being advised to do so by the U.S. General Accounting Office (GAO), the American Academy of Pediatricians, and hundreds of medical and scientific experts from around the world, and Whereas, considering the ruling of the United States Court of Appeals for the District of Columbia Circuit, in Environmental Health Trust, et al., v. Federal Communications Commission and United States of America, and Whereas, Swiss RE, the second-largest re-insurance company in the world, called 5G a ‘high impact liability risk due to health risks in its 2019 SONAR emerging risks report and will not compensate for losses from personal liability related to RF exposure, and RES 2023-19 Page 2 of 2 Whereas, the theory that exposure to RF microwave radiation is harmless, which has been the underlying principal of all federal legislation and regulations regarding wireless technologies for more than twenty years, has now been questioned, and Whereas, the Town of Fountain Hills (the “Town”) is presently engaged in a substantive review of its ordinances, applications, and design review guidelines related to wireless facilities generally, and expects to complete such a review by the end of the calendar year. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. The recitals above are hereby incorporated as if fully set forth herein. Section 2. That Fountain Hills calls upon all Telecommunications Companies and Public Utilities operating in Fountain Hills to cease and desist in the build-out of 5G-enabled small cell antennas until December 31, 2023, or upon earlier completion of ultra-wide band ordinance providing services via underground fiber optics, point-to-point, zero antennas, no wireless attachments on streets is codified and adapted. Section 3. The Mayor, the Town Manager, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona this 2nd day of May, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM ONLY: Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney RES 2023-19 Page 1 of 2 RESOLUTION 2023-19 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL, CALLING UPON ALL TELECOMMUNICATIONS COMPANIES AND PUBLIC UTILIITIES OPERATING IN THE TOWN OF FOUNTAIN HILLS, ARIZONA TO CEASE THE BUILD-OUT OF SO-CALLED “5G” WIRELESS INFRASTRUCTURE UNTIL DECEMBER 31, 2023 OR UNTIL THE TOWN COMPLETES A SUBSTANTIVE REVIEW OF ITS ORDINANCES, APPLICATIONS, AND DESIGN REVIEW GUIDELINES RELATED TO WIRELESS FACILITIES Whereas, the telecommunications industry is engaged in a massive deployment of microwave and millimeter-wave “small cell” antennas across the country to facilitate the next generation of wireless communications knows as 5G, and Whereas, this new technology uses existing wireless infrastructure and new types of radio-frequency (“RF”) microwave radiation to transmit large amounts of data, but requires significantly closer proximity to users, resulting in the dense deployment of antennas near residences, schools, and hospitals, and Whereas, the deployment of 5G-enabled small cell antennas our town raises questions regarding the potential health and environmental impacts of long-term exposure to untested RF microwave radiation frequencies, and Whereas populations especially at risk from this exposure include pregnant women, children, the elderly, and individuals with implanted medical devices, or cardiac or neurological problems, grand mal seizures, EHS and Whereas, a significant body of published, peer-reviewed, independent investigation suggests a link from exposure to RF microwave radiation with serious environmental and biological harm, including increased risk of cancer, reproductive problems and neurological impairments, and, Whereas, The Federal Communications Commission (“FCC”) has not conducted any long-term safety testing of new 5G wireless technologies, and has failed to update its human RF microwave radiation exposure guidelines since 1996, despite being advised to do so by the U.S. General Accounting Office (GAO), the American Academy of Pediatricians, and hundreds of medical and scientific experts from around the world, and Whereas, considering the ruling of the United States Court of Appeals for the District of Columbia Circuit, in Environmental Health Trust, et al., v. Federal Communications Commission and United States of America, and Whereas, Swiss RE, the second-largest re-insurance company in the world, called 5G a “high impact liability risk” due to health risks in its 2019 SONAR emerging risks report and will not compensate for losses from personal liability related to RF exposure, and RES 2023-19 Page 2 of 2 Whereas, the theory that exposure to RF microwave radiation is harmless, which has been the underlying principal of all federal legislation and regulations regarding wireless technologies for more than twenty years, has now been questioned; and Whereas, the Town of Fountain Hills (the “Town”) is presently engaged in a substantive review of its ordinances, applications, and design review guidelines related to wireless facilities generally, and expects to complete such a review by the end of the calendar year. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. The recitals above are hereby incorporated as if fully set forth herein. Section 2. That Fountain Hills calls upon all Telecommunications Companies and Public Utilities operating in Fountain Hills to cease and desist in the build-out of 5G-enabled small cell antennas until December 31, 2023 or until the above-referenced substantive review is complete and approved by the Mayor and Town Council. Section 3. The Mayor, the Town Manager, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Fountain Hills, Arizona this 2nd day of May, 2023. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _ Ginny Dickey, Mayor Linda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM ONLY: Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2023-14 of the Mayor and Council of the Town of Fountain Hills, Arizona, setting forth the Tentative Budget and establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year beginning July 1, 2023, and ending June 30, 2024. Staff Summary (background) The proposed Fiscal Year 2023-24 budget was presented to the Town Council at the budget workshop on April 11, 2023. The total proposed expenditure for all funds is $43.1 million. Resolution 2023-14 establishes $43.1 million as the maximum amount of expenditures for Fiscal Year 2023-24. After approval of this Resolution, changes to the budget can be made within line items, but the total amount cannot exceed this established amount. The Tentative Budget includes $2.9M in contingency expenditure authority for the General Fund. This contingency provides the Town with flexibility in the case of unforeseen events, such as emergency infrastructure repairs due to a storm. However, this contingency can only be used if there are adequate financial resources available. Quarterly budget updates, including revenue collections, will be provided to the Town Council at the end of each quarter. Related Ordinance, Policy or Guiding Principle A.R.S. 42-17102 Risk Analysis If not approved, the Town will not be in compliance with state statute. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends adoption of Resolution 2023-14.   SUGGESTED MOTION MOVE to adopt Resolution 2023-14. Attachments RES 2023.14  Exhibit A  Exhibit B  Form Review Inbox Reviewed By Date Town Attorney David Pock 04/19/2023 06:12 AM Finance Director David Pock 04/20/2023 04:49 PM Town Attorney Aaron D. Arnson 04/21/2023 08:50 AM Finance Director David Pock 04/21/2023 09:31 AM Finance Director David Pock 04/21/2023 09:31 AM Town Attorney Aaron D. Arnson 04/21/2023 10:50 AM Interim Town Manager Rachael Goodwin 04/25/2023 01:48 PM Form Started By: David Pock Started On: 04/18/2023 01:56 PM Final Approval Date: 04/25/2023  RESOLUTION 2023-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, SETTING FORTH THE TENTATIVE BUDGET AND ESTABLISHING THE MAXIMUM BUDGET AMOUNT FOR THE TOWN OF FOUNTAIN HILLS FOR THE FISCAL YEAR BEGINNING JULY 1, 2023, AND ENDING JUNE 30, 2024 RECITALS: WHEREAS, pursuant to the provisions of the laws of the State of Arizona, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) are required to adopt a budget for each fiscal year; and WHEREAS, in accordance with ARIZ. REV. STAT. § 42-17102, the Town Manager has prepared, and filed with the Town Council, the Town Manager’s budget estimates for the fiscal year beginning July 1, 2023, and ending June 30, 2024. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The statements and schedules attached hereto as Exhibit A and incorporated herein by reference are hereby adopted as the Town’s official tentative budget for the fiscal year beginning July 1, 2023, and ending June 30, 2024, including the establishment of the maximum budget amount for such fiscal year in the amount of $43,057,708. SECTION 3. Upon approval of the Town Council, the Town Manager or designee shall publish in the official Town newspaper once a week for two consecutive weeks (i) the official tentative budget and (ii) a notice, in the form attached as Exhibit B and incorporated herein by reference, of the public hearing of the Town Council to hear taxpayers and make tax levies at designated times and places. The notice shall include the physical addresses of the Fountain Hills Town Hall, the Fountain Hills branch of the Maricopa County Library and the Town website where the tentative budget may be found. SECTION 4. The Town Manager or designee shall, no later than seven business days after the date of this Resolution, (i) make available at the Fountain Hills Town Hall and the Fountain Hills branch of the Maricopa County Library a complete copy of the tentative budget, and (ii) post the tentative budget in a prominent location on the Town’s website. SECTION 5. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed 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 Town of Fountain Hills, Arizona, this 2nd day of May, 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, Pierce Coleman PLLC Town Attorney EXHIBIT A TO RESOLUTION 2023-14 [Tentative Budget] See following pages. Official Budget Forms Town of Fountain Hills Fiscal year 2024 3/22 Arizona Auditor General Official Town Budget Forms Fiscal year General Fund Special Revenue Fund Debt Service Fund Capital Projects Fund Permanent Fund Enterprise Funds Available Internal Service Funds Total all funds 2023 Adopted/adjusted budgeted expenditures/expenses* E 1 17,796,105 20,448,481 15,560 6,749,040 0 0 1,133,300 46,142,486 2023 Actual expenditures/expenses** E 2 16,028,312 4,634,351 13 2,993,001 0 0 75,726 23,731,403 2024 Beginning fund balance/(deficit) or net position/(deficit) at July 1*** 3 9,247,140 2,611,789 183,096 9,178,001 0 0 8,963,465 30,183,491 2024 Primary property tax levy B 4 0 0 0 0 0 0 0 2024 Secondary property tax levy B 5 0 0 0 0 0 0 0 2024 Estimated revenues other than property taxes C 6 25,585,805 5,843,307 1,000 4,845,869 0 0 2,000 36,277,981 2024 Other financing sources D 7 0 0 0 0 0 0 0 0 2024 Other financing (uses) D 8 0 0 0 0 0 0 0 0 2024 Interfund transfers in D 9 0 4,294,253 0 35,000 0 0 0 4,329,253 2024 Interfund Transfers (out) D 10 0 129,253 0 0 0 0 4,200,000 4,329,253 2024 Line 11: Reduction for fund balance reserved for future budget year expenditures Maintained for future debt retirement 0 Maintained for future capital projects 4,208,150 4,208,150 Maintained for future financial stability 3,980,307 3,980,307 0 0 2024 Total financial resources available 12 30,852,638 12,620,096 184,096 14,058,870 0 0 557,315 58,273,015 2024 Budgeted expenditures/expenses E 13 25,585,805 9,643,912 19,760 6,918,531 0 0 889,700 43,057,708 Expenditure limitation comparison 2023 2024 1 Budgeted expenditures/expenses 46,142,486$ 43,057,708$ 2 Add/subtract: estimated net reconciling items (112,689) (117,966) 3 Budgeted expenditures/expenses adjusted for reconciling items 46,029,797 42,939,742 4 Less: estimated exclusions 14,159,411 8,606,788 5 Amount subject to the expenditure limitation 31,870,386$ 34,332,954$ 6 EEC expenditure limitation 31,896,371$ 34,364,380$ * ** *** Town of Fountain Hills Summary Schedule of estimated revenues and expenditures/expenses Fiscal year 2024 Includes actual amounts as of the date the proposed budget was prepared, adjusted for estimated activity for the remainder of the fiscal year. Amounts on this line represent beginning fund balance/(deficit) or net position/(deficit) amounts except for nonspendable amounts (e.g., prepaids and inventories) or amounts legally or contractually required to be maintained intact (e.g., principal of a permanent fund). S c h Funds Includes expenditure/expense adjustments approved in the current year from Schedule E. The city/town does not levy property taxes and does not have special assessment districts for which property taxes are levied. Therefore, Schedule B has been omitted. 11 3/22 Arizona Auditor General Schedule A Official Town Budget Forms 2023 2024 1. $ $ 2. $ 3.Property tax levy amounts A. Primary property taxes $$ B. Secondary property taxes C.Total property tax levy amounts $0 $0 4.Property taxes collected* A. Primary property taxes (1) Current year's levy $ (2) Prior years’ levies (3) Total primary property taxes $0 B. Secondary property taxes (1) Current year's levy $ (2) Prior years’ levies 831 (3) Total secondary property taxes $831 C. Total property taxes collected $831 5.Property tax rates A. City/Town tax rate (1) Primary property tax rate (2) Secondary property tax rate (3) Total city/town tax rate 0.0000 0.0000 B. Special assessment district tax rates Secondary property tax rates—As of the date the proposed budget was prepared, the two (2)special assessment districts for which secondary property taxes are levied. For information pertaining to these special assessment districts and their tax rates, please contact the city/town. * city/town was operating Includes actual property taxes collected as of the date the proposed budget was prepared, plus estimated property tax collections for the remainder of the fiscal year. Amount received from primary property taxation in the current year in excess of the sum of that year's maximum allowable primary property tax levy. A.R.S. §42-17102(A)(18) Town of Fountain Hills Tax levy and tax rate information Fiscal year 2024 Maximum allowable primary property tax levy. A.R.S. §42-17051(A) Property tax judgment Property tax judgment Property tax judgment Property tax judgment 3/22 Arizona Auditor General Schedule B Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2023 2023 2024 General Fund Local taxes Local Sales Tax $14,426,223 $16,576,084 $13,154,799 Franchise Tax 325,000 250,046 390,000 Licenses and permits Business License Fees 116,619 127,453 117,785 Residential Rental License 0 14,000 50,000 Liquor License Fees 500 5,067 500 Building Permit Fees 408,398 649,977 372,703 Sign Permits 3,350 3,727 3,350 Landscape Permit Fees 16,800 3,880 3,780 Subdivision Fees 52,250 95,873 36,000 Special Event Permits 8,500 17,433 8,500 Engineering Fees 5,900 4,360 5,550 Third Party Revenues Planning & Zoning Fees 16,095 20,021 20,060 Plan Review Fees 96,750 25,643 96,750 Intergovernmental State Sales Tax 3,409,475 3,460,534 3,585,690 Fire Insurance Premium Tax 48,036 48,036 48,516 Vehicle License Tax 338,350 318,925 366,076 Shared Income Tax 4,597,467 4,518,501 6,387,448 Charges for services Parks & Rec User Fees 243,475 228,744 244,215 Encroachment Fees 35,000 47,146 35,000 Variances 4,300 12,253 2,600 Inspection Fees 17,000 58,922 17,000 Leases & Rents 299,872 398,915 277,278 Fines and forfeits Court Fines 205,000 235,409 200,000 Interest on investments Interest on Investments 24,000 270,555 20,000 In-lieu property taxes Contributions Voluntary contributions 60,845 59,817 71,400 Miscellaneous Miscellaneous 45,050 68,759 70,805 Total General Fund $24,804,255 $27,520,083 $25,585,805 * Town of Fountain Hills Revenues other than property taxes Fiscal Year 2024 Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. Source of revenues 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2023 2023 2024 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2024 Source of revenues Special revenue funds Highway User Revenue Fund Highway User Tax $1,889,520 1,719,340 1,849,404 Vehicle License Tax 789,485 744,158 854,176 Local Sales Tax 1,197,552 1,423,361 1,064,618 In-Lieu Fees 100,000 4,612 100,000 Recycle Proceeds 1,000 119 1,000 Interest 10,000 93,736 10,000 Miscellaneous 30,000 0 30,000 $4,017,557 $3,985,325 $3,909,198 Downtown Strategy Fund Sales-Excise Tax $119,755 142,336 106,462 Interest 1,260 12,793 600 $121,015 $155,129 $107,062 Economic Development Fund Sales-Excise Tax $479,021 569,345 425,847 Miscellaneous Interest 240 9,969 240 $479,261 $579,313 $426,087 Tourism Fund Grants $65,000 83,319 65,000 Interest 180 6,907 180 Miscellaneous $65,180 $90,226 $65,180 Special Revenue - Grants Intergovernmental-State $6,981,850 32,709 (8,810,000) Intergovernmental-Federal $4,208,150 4,208,150 10,000,000 $11,190,000 $4,240,858 $1,190,000 Public Art In-Lieu Fees $100,000 16,193 100,000 Interest 240 1,966 240 $100,240 $18,159 $100,240 Court Enhancement Fund Court Enhancement/JCEF Revenue $49,000 31,567 33,000 Interest 900 126 300 $49,900 $31,693 $33,300 Environmental Fund Environmental Fee $ Interest 2,400 14,754 2,400 $2,400 $14,754 $2,400 Cottonwoods Maintenance District Assessments $8,670 8,507 9,768 Interest Income $72 400 72 $8,742 $8,906 $9,840 Total special revenue funds $16,034,295 $9,124,364 $5,843,307 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2023 2023 2024 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2024 Source of revenues Debt service funds General Obligation Debt Service Interest Income 1,200 4,082 600 $1,200 $4,082 $600 Eagle Mountain CFD Assessments 1,380 0 0 Interest Income 100 514 100 $1,480 $514 $100 Municipal Property Corp Interest Income 100 289 300 $100 $289 $300 Total debt service funds $2,780 $4,885 $1,000 Capital projects funds Capital Projects Fund Sales Tax-Local 1,141,951 1,927,614 685,240 Grants 70,000 0 3,768,079 Interest 10,000 138,613 10,000 $1,221,951 $2,066,227 $4,463,319 Fire Development Fee Fund Development Fees 15,221 19,091 12,780 Interest Income 1,000 10,641 1,000 $16,221 $29,733 $13,780 Streets Development Fee Fund Development Fees 239,438 217,379 200,740 Interest Income 1,000 10,696 1,000 $240,438 $228,076 $201,740 Parks & Recreation Development Fee Fund Development Fees 204,348 147,988 166,030 Interest Income 1,000 34,326 1,000 $205,348 $182,313 $167,030 Total capital projects funds $1,683,958 $2,506,349 $4,845,869 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2023 2023 2024 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2024 Source of revenues Permanent funds N/A $$$ $0 $0 $0 Total permanent funds $0 $0 $0 Enterprise funds N/A $$$ $0 $0 $0 Total enterprise funds $0 $0 $0 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Estimated revenues Actual revenues* Estimated revenues 2023 2023 2024 Town of Fountain Hills Revenues other than property taxes Fiscal Year 2024 Source of revenues Internal service funds Facilities Reserve Fund Miscellaneous Interest Income 1,000 132,729 1,000 $1,000 $132,729 $1,000 Technology Replacement Fund Interest Income $0 $0 $0 Vehicle Replacement Fund Miscellaneous Interest Income 1,000 50,570 1,000 $1,000 $50,570 $1,000 Total internal service funds $2,000 $183,299 $2,000 Total all funds $42,527,288 $39,338,980 $36,277,981 *Includes actual revenues recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated revenues for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule C Official City/Town Budget Forms Fund Sources (Uses)In (Out) General Fund General Fund $$$$ Total General Fund $0 $0 $0 $0 Special revenue funds Streets Fund $$$4,200,000 $ Downtown Strategy Fund 35,000 Economic Dev Fund 94,253 Tourism Fund 94,253 Environmental Fund Total special revenue funds $0 $0 $4,294,253 $129,253 Debt service funds N/A $$$$ Total debt service funds $0 $0 $0 $0 Capital projects funds Capital Projects Fund $$$35,000 $ Parks & Rec Development Fee Fund Total capital projects funds $0 $0 $35,000 $0 Permanent funds N/A $$$$ Total permanent funds $0 $0 $0 $0 Enterprise funds N/A $$$$ Total enterprise funds $0 $0 $0 $0 Internal service funds Facilities Reserve Fund from Gen Fund $$$$4,200,000 Technology Replacement Fund Vehicle Replacement Fund Total Internal Service Funds $0 $0 $0 $4,200,000 Total all funds $ 0 $ 0 $ 4,329,253 $ 4,329,253 2024 2024 Town of Fountain Hills Other financing sources/(uses) and interfund transfers Fiscal year 2024 Other financing Interfund transfers 3/22 Arizona Auditor General Schedule D Official City/Town Budget Forms Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses Fund/Department 2023 2023 2023 2024 General Fund Mayor & Town Council $76,619 $0 $62,568 $65,494 Administration 2,672,360 122,000 2,966,316 2,938,334 General Government 5,141,607 (2,991,000)780,768 3,654,772 Municipal Court 446,749 0 453,783 495,406 Public Works 1,497,800 44,000 1,260,888 1,642,801 Development Services 1,359,678 0 1,254,745 1,318,661 Community Services 3,695,572 25,000 3,220,949 3,856,778 Fire & Emergency Medical 4,457,834 (3,366,520)1,413,889 5,224,964 Law Enforcement 5,456,036 (841,630)4,614,406 6,388,595 Total General Fund $24,804,255 $(7,008,150)$16,028,312 $25,585,805 Special revenue funds Streets Fund $5,908,110 $3,700,000 $3,643,589 $7,048,280 Downtown Strategy Fund 65,200 0 68,793 85,200 Economic Development Fund 225,920 20,400 200,761 229,630 Tourism Fund 277,114 40,065 193,507 354,029 Special Revenue Fund 5,190,000 4,147,685 171,214 1,190,000 Public Art Fund 144,649 0 31,244 41,761 Court Enhancement Fund 89,850 0 377 54,600 Environmental Fund 627,100 0 320,403 627,024 Cottonwoods Maint District 12,388 0 4,463 13,388 Total special revenue funds $12,540,331 $7,908,150 $4,634,351 $9,643,912 Debt service funds General Obligation Bonds $350 $0 $0 $350 Eagle Mountain CFD 14,200 0 0 18,900 Municipal Property Corp 1,010 0 13 510 Total debt service funds $15,560 $0 $13 $19,760 Capital projects funds Capital Projects $8,149,040 $(1,400,000)$2,993,001 $6,918,531 Fire/Emergency Dev Fee Streets Dev Fee Park/Rec Dev Fee Total capital projects funds $8,149,040 $(1,400,000)$2,993,001 $6,918,531 Permanent funds N/A $$$$ Total permanent funds $0 $0 $0 $0 Enterprise funds N/A $0 $$$ Total enterprise funds $0 $0 $0 $0 Internal service funds Facilities Reserve Fund $550,000 $500,000 $0 $550,000 Technology Replacement Fund 50,000 0 26,608 50,000 Vehicle Replacement Fund 33,300 0 49,118 289,700 Total internal service funds $633,300 $500,000 $75,726 $889,700 Total all funds $ 46,142,486 $ 0 $ 23,731,403 $ 43,057,708 * Expenditures/expenses by fund Fiscal year 2024 Town of Fountain Hills Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. 3/22 Arizona Auditor General Schedule E Official City/Town Budget Forms Adopted budgeted expenditures/ expenses Expenditure/ expense adjustments approved Actual expenditures/ expenses* Budgeted expenditures/ expenses 2023 2023 2023 2024 Mayor & Council General Fund $76,619 $0 $62,568 $65,494 Department total $76,619 $0 $62,568 $65,494 Administration General Fund $2,672,360 $122,000 $2,966,316 $2,938,334 Downtown Strategy Fund 65,200 0 68,793 85,200 Economic Development Fund 225,920 20,400 200,761 229,630 Tourism Fund 277,114 40,065 193,507 354,029 Special Revenue Fund 5,190,000 4,147,685 171,214 1,190,000 General Obligation Debt 350 0 0 350 Eagle Mountain CFD 14,200 0 0 18,900 Municipal Property Corp 1,010 0 13 510 Cottonwoods Maint District 12,388 0 4,463 13,388 Capital Projects 460,640 (170,343)1,215 302,800 Department total $8,919,182 $4,159,807 $3,606,282 $5,133,141 General Government General Fund $5,141,607 $(2,991,000)$780,768 $3,654,772 Technology Replacement 50,000 0 26,608 50,000 Vehicle Replacement 33,300 0 49,118 205,700 Department total $5,224,907 $(2,991,000)$856,494 $3,910,472 Municipal Court General Fund $446,749 $0 $453,783 $495,406 Court Enhancement Fund 89,850 0 377 54,600 Department total $536,599 $0 $454,160 $550,006 Public Works General Fund $1,497,800 $44,000 $1,260,888 $1,642,801 Streets Fund 5,908,110 3,700,000 3,643,589 7,048,280 Environmental Fund 627,100 0 320,403 627,024 Capital Projects 4,870,600 (1,319,657)1,912,507 5,365,731 Facilities Replacement Fund 550,000 500,000 0 550,000 Vehicle Replacement 0 0 0 84,000 Department total $13,453,610 $2,924,343 $7,137,388 $15,317,836 Development Services General Fund $1,359,678 $0 $1,254,745 $1,318,661 Department total $1,359,678 $0 $1,254,745 $1,318,661 Community Services General Fund $3,695,572 $25,000 $3,220,949 $3,856,778 Public Art Fund 144,649 0 31,244 41,761 Capital Projects 2,817,800 90,000 1,079,279 1,250,000 Department total $6,658,021 $115,000 $4,331,472 $5,148,539 Fire & Emergency Medical General Fund $4,457,834 $(3,366,520)$1,413,889 $5,224,964 Department total $4,457,834 $(3,366,520)$1,413,889 $5,224,964 Law Enforcement General Fund $5,456,036 $(841,630)$4,614,406 $6,388,595 Department total $5,456,036 $(841,630)$4,614,406 $6,388,595 * Expenditures/expenses by department Fiscal year 2024 Town of Fountain Hills Includes actual expenditures/expenses recognized on the modified accrual or accrual basis as of the date the proposed budget was prepared, plus estimated expenditures/expenses for the remainder of the fiscal year. Department/Fund 3/22 Arizona Auditor General Schedule F Official City/Town Budget Forms Full-time equivalent (FTE) Employee salaries and hourly costs Retirement costs Healthcare costs Other benefit costs Total estimated personnel compensation 2024 2024 2024 2024 2024 2024 69.12 $ 6,849,079 $ 487,290 $ 508,908 $ 274,388 $ 8,119,665 Streets Fund 6.05 $ 481,911 $ 52,905 $ 73,757 $ 50,336 $ 658,909 Economic Development Fund 1.00 139,100 15,301 7,896 4,963 167,260 Tourism Fund 1.00 74,900 8,239 7,896 3,218 94,253 Total special revenue funds 8.05 $ 695,911 $ 76,445 $ 89,549 $ 58,517 $ 920,422 $ $ $ $ $ 0 0 0 Total debt service funds 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ $ $ $ $ 0 0 0 Total capital projects funds 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ $ $ $ $ 0 0 0 Total permanent funds 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ $ $ $ $ 0 0 0 Total enterprise funds 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ $ $ $ $ 0 0 0 Total internal service fund 0 $ 0 $ 0 $ 0 $ 0 $ 0 Total all funds 77.17 $ 7,544,990 $ 563,735 $ 598,457 $ 332,905 $ 9,040,087 Fund Town of Fountain HillsFull-time employees and personnel compensationFiscal year 2024 General Fund Internal service funds Special revenue funds Debt service funds Capital projects funds Permanent funds Enterprise funds 3/22 Arizona Auditor General Schedule G Official City/Towns Budget Forms EXHIBIT B TO RESOLUTION 2023-14 [Notice] See following page. Town of Fountain Hills Notice of Public Hearing Final Budget Adoption and Tax Levy On June 6, 2023, beginning at 5:25 p.m. in the Town Hall Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, public hearings will be held to allow members of the public to appear and testify or make inquiries regarding Fiscal Year 2023-24 Budgets for (i) the Town of Fountain Hills, (ii) the Eagle Mountain Community Facilities District Board, and (iii) the Cottonwoods Maintenance District Board. On June 20, 2023, beginning at 5:25 p.m. in the Town Hall Council Chambers, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268, the Cottonwoods Maintenance District Board will adopt their property tax levy for the Fiscal Year beginning July 1, 2023, and ending June 30, 2024. A complete copy of the each of the budgets for the Fiscal Year 2023-24 may be viewed at: 1. Fountain Hills Town Hall (2nd floor), 16705 E. Avenue of the Fountains, Fountain Hills, Arizona 85268 2. Fountain Hills Maricopa County Branch Library, 12901 LaMontana Drive, Fountain Hills, Arizona 85268 3. The Town of Fountain Hills website at: www.fountainhillsaz.gov Anyone wishing to respond may do so in person at the meetings or in writing prior to the date of the June 6, 2023, and June 20, 2023, meetings by delivering the written comments to the Town Clerk’s office, 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268. ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 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 a Cooperative Purchasing Agreement C2023-079 with K.M. Facility Services, LLC, for HVAC System Cleaning Services Staff Summary (Background) The town cools campus buildings, including Town Hall and the Community Center, with chilled water produced by the Central Mechanical Plan. The plant uses two cooling towers and three chillers to operate the system, allowing chilled water to circulate through the building’s HVAC system.  The cooling towers are in need of refurbishment due to as they’re a critical part of the campus buildings cooling systems. They function as large evaporative coolers that take much of the cooling load off the chillers.  Several components are failing and require repairs as well as ongoing preventative maintenance, therefore a commercial HVAC contract is necessary.  After a competitive procurement process, Maricopa County entered into Contract No. 220122-S, with K.M Facility Services, to provide HVAC System Coil, Air Handler, Duct, and Associated Equipment Cleaning. The Fountain Hills Public Works Department wishes to utilize this existing contract and enter into our own Cooperative Purchasing Agreement with K.M Facility Services, LLC in the amount of $66,000. By utilizing Cooperative Purchasing Agreement contracts, the Town of Fountain Hills has been able to save time as well as resources, and take advantage of competitive pricing from procurement processes by other municipalities. In this instance, the Town will receive competitive pricing for HVAC system soil, air handler, duct, and associated equipment cleaning. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis Delaying maintenance could result in system failure and limited to no cooling for the Town Campus buildings and increased cost.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval of Cooperative purchasing agreement C2023-079 with K.M. Facility Services, LLC, for HVAC System Cleaning Services SUGGESTED MOTION MOVE to Approve of Cooperative purchasing agreement C2023-079 with K.M. Facility Services, LLC, for HVAC System Cleaning Services in the amount of $66,000 Fiscal Impact Fiscal Impact:$66,000 Budget Reference:N/A Funding Source:FRAD If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Cooperative Purchasing Agreement  Scope and Fee  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 04/20/2023 06:26 PM Finance Director David Pock 04/20/2023 06:41 PM Town Attorney Aaron D. Arnson 04/21/2023 08:43 AM Interim Town Manager Rachael Goodwin 04/24/2023 12:13 PM Form Started By: Justin Weldy Started On: 04/13/2023 10:47 AM Final Approval Date: 04/24/2023  1 Contract No. 2023-079 COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND K.M. FACILITY SERVICES, LLC THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and K. M. Facility Services, LLC, a(n) Arizona limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process, Maricopa County (“County”) entered into Contract No. 220122-S, dated October 21, 2021, as amended (collectively, the “County Contract”) for the Contractor to provide HVAC System Coil, Air Handler, Duct, and Associated Equipment Cleaning. A copy of the County Contract as set forth in Exhibit A, incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code, to make purchases under the County Contract, at its discretion and with the agreement of the awarded Contractor, and the County Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the County Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town HVAC System Coil, Air Handler, Duct, and Associated Equipment Cleaning (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date of execution and attested by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall remain in full force and effect until October 31, 2023 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the County Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to four successive one-year terms (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the County Contract has not expired or has been 2 extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the County Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the County Contract. The Town does not guarantee that any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a “Work Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall (i) contain a reference to this Agreement and the County Contract and (ii) be attached hereto as Exhibit B and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the County Contract will be subject to rejection. 2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the County Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a non-conforming Materials or Services, the Town may elect to do any or all of the following by written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor. 2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor for the Term amount not to exceed $66,000 (including all renewals) for the Materials and Services at the rates that shall be agreed upon by the parties. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 3 4. Payments. The Town shall pay the Contractor monthly (and the Contractor shall invoice monthly), based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the County Contract and (ii) document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. Additionally, invoices submitted without referencing this Agreement and the County Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of intended audits. Contractor shall require its subcontractors to comply with the provisions of this Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 7. Israel. Contractor certifies that it is not currently engaged in and agrees for the duration of this Agreement that it will not engage in a “boycott” of Israel as that term is defined in ARIZ. REV. STAT. § 35-393. 8. China. Pursuant to and in compliance with A.R.S. § 35-394, Contractor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Contractor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Contractor also hereby agrees to indemnify and hold harmless the City, its officials, employees, and agents from any claims or causes of action relating to the City’s action based upon 4 reliance upon this representation, including the payment of all costs and attorney fees incurred by the City in defending such as action. 9. Conflict of Interest. This Agreement may be canceled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 10. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 11. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered legislative discretion of the Town concerning budgeted purposes and appropriation of funds. Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this Agreement shall be deemed terminated at the end of the then-current fiscal year term for which such funds were appropriated and budgeted for such purpose and the Town shall be relieved of any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the availability of funds for its obligations under this Agreement. The Town shall keep Contractor informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town’s termination of this Agreement pursuant to this section. 12. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, the County Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in conflict with the terms of this Agreement or the County Contract (collectively, the “Unauthorized Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the County Contract shall not alter such terms and conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements and obligations in the performance of this Agreement. 13. Rights and Privileges. To the extent provided under the County Contract, the Town shall be afforded all of the rights and privileges afforded to County and shall be “County” (as defined in the County Contract) for the purposes of the portions of the County Contract that are incorporated herein by reference. 14. Indemnification; Insurance. In addition to and in no way limiting the provisions set forth in Section 12 above, the Town shall be afforded all of the insurance coverage and indemnifications afforded to County to the extent provided under the County Contract, and such 5 insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. 15. Laws and Regulations. Consultant 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 Consultant 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. 16. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Contractor: K. M. Facility Services, LLC 5631 N. 52nd Ave. Glendale, Arizona 85301 Attn: Kevin Uilke or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a 6 copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. [SIGNATURES CONTINUE ON FOLLOWING PAGES] EXHIBIT B TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND K. M. FACILITY SERVICES, LLC [Quote or Work Order] See following pages. March 1, 2023 Steve Bartlett Facilities Supervisor Town of Fountain Hills 16705 E Ave of the Fountains Fountain Hills, AZ 85268 Dear Steve, As per our on-site survey conducted on 9/6/2022, KM Facility Services, LLC is pleased to submit a quotation for the following: (2) BAC Cooling Tower Restoration Site Address: 16705 E Ave of the Fountains Fountain Hills, AZ 85268 Specifications: K. M. Facility Services, LLC shall furnish all labor, materials, equipment, transportation, supervision, and other services necessary to accomplish the work. K. M. Facility Services, LLC shall keep the job area clean at the end of each work shift. K. M. Facility Services, LLC shall work at hours convenient to the Owner, this work will be completed Monday thru Friday. Workmen’s Compensation, General Liability and Property Damage Insurance with a certificate of our coverage’s, which will match or exceed required limits, shall be provided to the Owner. Scope of Services: 1. KM Facility Services, LLC to follow OSHA regulations for safety. 2. Remove existing tower fill and dispose of. 3. Remove existing tower nozzles. 4. Sandblast Interior of the cooling tower. 5. Sandblast Cold Water basin. 6. Patch rusted surfaces with cold rolled steel in tower and hot water box. 7. Treat affected interior surfaces with a de-greasing/adhesion compound. 8. Paint 1 coat of Polyurea to interior of Tower and Hot Water Box. 9. Permitting up to 1 day for coatings to fully cure. 10. Install new tower fill. 11. Install new tower louvers. 12. Re-install nozzles. 13. Power wash exterior of tower. 14. Paint exterior of towers using direct to metal Grey. 15. Clean-up debris. Cost Estimate: To provide all labor, materials, equipment, transportation and supervision and all other services necessary to accomplish the work. Fill, drift eliminators, inlet louvers & shipping cost per tower $7,755.00 Tower prep, replace & clean-up per tower $16,000.00 Metal repair per tower $1,500.00 Polyuria coating per tower $3,500.00 Roll off dumpster per tower $1,000.00 Total Cost for 2 cell Tower Refurbishment = $59,510.00 Each tower is $29,755.00 Payment terms are Net 30 Days. *Add 5% net 60 Days *Add 10% net 90 Days *Add 3% for Credit Card Payment Thank you for this opportunity to work with Town of Fountain Hills. If you have any questions, please feel free to call. Sincerely, Dave Little 623-696-6041 - Cell *Proposal Valid for 30 Days* EXHIBIT A TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND K. M. FACILITY SERVICES, LLC [County Contract] See following pages. SERIAL 220122-S HVAC SYSTEM COIL, AIR HANDLER, DUCT, AND ASSOCIATED EQUIPMENT CLEANING DATE OF LAST REVISION: March 11, 2022 CONTRACT END DATE: October 31, 2023 CONTRACT PERIOD THROUGH OCTOBER 31, 2023 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for HVAC SYSTEM COIL, AIR HANDLER, DUCT, AND ASSOCIATED EQUIPMENT CLEANING Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on October 21, 2021 (Eff. 11/01/21). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. EK/mm Attach Copy to: Office of Procurement Services Sammi Birchard, FMD Brad Koos, FMD (Please remove Serial 15050-S from your contract notebooks) SERIAL 220122-S LEGENDS ENTERPRISES LLC DBA: DUCTZ OF NORTH PHOENIX AND DEER VALLEY, INDOOR AIR PROFES, 20280 N 59TH AVE STE 115, GLENDALE, AZ 85308 COMPANY NAME:Legends Enterprises LLC DOING BUSINESS AS (dba):DUCTZ of Arizona North Phoenix and Deer Valley MAILING ADDRESS:20280 N. 59th Ave Ste 115 Glendale 85308 REMIT TO ADDRESS:20280 N. 59th Ave Ste 115 Glendale 85308 TELEPHONE NUMBER:16234668625 FAX NUMBER:8775595655 WWW ADDRESS:www.ductz.com REPRESENTATIVE NAME:Vince Divarco REPRESENTATIVE TELEPHONE NUMBER:5208202931 REPRESENTATIVE EMAIL ADDRESS vince.divarco@ductz.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: 2% 30 DAYS NET 31 DAYS 1st Call 1.0 Pricing 2.1 Regular Hours $35 per hr. 2.2 After Hours $35 per hr. 2.3 Weekend and Holiday Hours $45 per hr. 2.4 Coil Cleaning Services (All inclusive)$0.06 per cubic inches 2.4 Steam Cleaning (All Inclusive)$0.11 per cubic inches 2.5 Parts, Components, and Materials - List Price Discount Percentage Discount Amount 15%discount amount 2.6 Hourly Rate for any Services Outside the Scope of Work $45 per hr. 2.0 Equipment List Include pricing only for the use and operation of owned or rented special tools and equipment that may be necessary, above and beyond the tools of the trade necessary for the performance of this contract. Pricing shall include any operating fees 3.1 Lift Rental $300 per day SERIAL 220122-S LEGENDS ENTERPRISES LLC DBA: DUCTZ OF NORTH PHOENIX AND DEER VALLEY ATTACHMENT D.2 Price Sheet for HEPA and Specialty Filter Service PRICING SHEET: NIGP CODE 91004 Terms: 2% 30 DAYS NET 31 DAYS Vendor Number: VC0000006319 Certificates of Insurance Required Contract Period: To cover the period ending October 31, 2023. SERIAL 220122-S KM FACILITY SERVICES LLC, 15136 W ROY ROGERS RD, SURPRISE, AZ 85387 COMPANY NAME:K.M. Facility Services DOING BUSINESS AS (dba):K.M. Facility Services MAILING ADDRESS:5631 n 52nd Ave REMIT TO ADDRESS:K.M. Facility Services TELEPHONE NUMBER:6239305490 FAX NUMBER:6234355596 WWW ADDRESS:kmfacserv.com REPRESENTATIVE NAME:Kevin Uilkie REPRESENTATIVE TELEPHONE NUMBER:6239305490 REPRESENTATIVE EMAIL ADDRESS kevin@kmfacserv.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT: 2% 10 DAYS NET 31 DAYS 2nd Call 1.0 Pricing 2.1 Regular Hours $85 per hr. 2.2 After Hours $85 per hr. 2.3 Weekend and Holiday Hours $119 per hr. 2.4 Coil Cleaning Services (All inclusive)$0.05 per cubic inches 2.4 Steam Cleaning (All Inclusive)$0.05 per cubic inches 2.5 Parts, Components, and Materials - List Price Discount Percentage Discount Amount 10%discount amount 2.6 Hourly Rate for any Services Outside the Scope of Work $85 per hr. 2.0 Equipment List Include pricing only for the use and operation of owned or rented special tools and equipment that may be necessary, above and beyond the tools of the trade necessary for the performance of this contract. Pricing shall include any operating fees 3.1 $85 per hr. 3.2 $85 per hr. 3.3 $85 per hr. 3.4 $85 per hr. SERIAL 220122-S KM FACILITY SERVICES LLC ATTACHMENT D.2 Price Sheet for HEPA and Specialty Filter Service Location System Type Size %EFF Filter Type Quantity Anticipated Service Frequency Notes Per Service Cost Include all Filters, Labor & Tax Lower Buckeye Jail Building #1961 I5 Exhaust #9 Primary 24x24x2 30.00%30/30 6 6 months or as required HIGH CAPACITY MERV 8 PLEATED FILTER $650.00 Secondary 24x24x12 99.97%HEPA 6 6 months or as required $1200.00 I6 Negative Pressure Exhaust Rooms 10,12,14,16 Primary 24x24x2 30.00%30/30 3 6 months or as required HIGH CAPACITY MERV 8 PLEATED FILTER $325.00 Primary 24x24x2 30.00%30/30 3 6 months or as required HIGH CAPACITY MERV 8 PLEATED FILTER $325.00 Secondary 12x24x12 99.99%HEPA 3 6 months or as required $600.00 Secondary 24x24x12 99.99%HEPA 3 6 months or as required $1000.00 4th Avenue Jail Building #3316 Negative Pressure Rooms Primary 24x24x2 30.00%30/30 1 6 months or as required MERV 8 PLEATED FILTER $100.00 Secondary 24x24x2 99.99%HEPA 1 6 months or as required Flanders 0-007- W-03-05-SU-52- 00-GG-F $850.00 Forensic Science Building #3320 Exhaust Special Procedure Room Primary 24x24x4 APIII 3 3 months or as required MERV 8 PLEATED FILTER $125.00 Secondary 23 3/8 x23 3/8 x 7/8 Charcoal 50/50 36 6 months or as required HONEYCOMB 100%FILL 50/50 BLEND $6375.00 SERIAL 220122-S KM FACILITY SERVICES LLC MCSO Ballistics Lab Building #1916 Exhaust Primary 24x24x2 30.00%Pleated 5 3 months or as required MERV 8 PLEATED FILTER $250.00 Secondary 24x24x11 1/2 89-95%Box 5 6 months or as required $1100.00 Durango Detention Center Building #1973 Negative Pressure Rooms Primary 24x24x2 30.00%Pleated 1 6 months or as required MERV 8 PLEATED FILTER $125.00 Secondary 24x24x12 99.99%HEPA 1 6 months or as required $600.00 PRICING SHEET: NIGP CODE 91004, 91036 Terms: 2% 10 DAYS NET 31 DAYS Vendor Number: VC0000008726 Certificates of Insurance Required Contract Period: To cover the period ending October 31, 2023. SERIAL 220122-S HVAC SYSTEM COIL, AIR HANDLER, DUCT, AND ASSOCIATED EQUIPMENT CLEANING 1.0 INTENT 1.1 Maricopa County (County) is seeking one or more qualified contractors to provide cleaning services for HVAC systems’ coils, ducts, air handlers, and associated equipment cleaning services (i.e., fans, grills, registers, screens, etc.) located in Maricopa County buildings for the Facilities Management Department, and other County departments, on an on-demand basis. Contractor shall provide all parts, labor, materials, equipment, tools, and transportation required to perform these services. 1.2 Other County departments may use this contract for HVAC systems’ coils, ducts, air handlers, and associated equipment cleaning service. Facilities Management is not responsible for contract administration for services requested by other County agencies. 1.3 Respondents to this solicitation shall identify fully burdened hourly rates for work within the scope of this contract. Respondents will also respond with an hourly rate for work outside the scope of this contract. 1.4 Contractor’s primary point of contact for work performed will be the Facilities Management Department (FMD). Other County departments may use this contract, however FMD is not responsible for payments for work performed under the direction of other County departments. 1.5 Other governmental entities under agreement with Maricopa County may have access to services provided hereunder (see also Sections 3.15 and 3.16 below). 1.6 The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 1.7 County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. 2.0 SCOPE OF SERVICES 2.1 The contractor shall be responsible to perform the scope of services herein at various Maricopa County building locations for the Facilities Management Department (FMD) (locations of buildings managed by FMD can be found by visiting https://www.maricopa.gov/2127/Facilities-Management, “Facilities We Manage”) and other County departments on an on-demand basis, so as to ensure maximum airflow, heat transfer, and energy conservation. Contractor shall be responsible for cleaning HVAC coils, air handlers, ducts, including all ancillary items and associated equipment (i.e., grills, registers, screens, etc.), and associated equipment, including, but not limited to: 2.1.1 HVAC ducts 2.1.2 HVAC coils 2.1.3 Air handlers (walls, floors, and ceiling) 2.1.4 Vacuum activated valve boxes 2.1.5 Exhaust fan blowers SERIAL 220122-S 2.1.6 Housings 2.1.7 Plenums 2.1.8 Mixing boxes 2.1.9 Humidifiers and dehumidifiers 2.1.10 Fans and fan housings 2.1.11 Turning vanes 2.1.12 Air wash units 2.1.13 Evaporators 2.1.14 Condensation pans 2.1.15 Condensate drain lines 2.1.16 Dampers 2.1.17 Related piping 2.1.18 Piping insulation replacement 2.1.19 Air handler duct and insulation replacement 2.1.20 Filter frame ducts 2.1.21 Contractor shall vacuum and/or wash, using a non-caustic solution, all intake screens, intake and exhaust air louvers, registers, supply and return grills, exhaust grills, and fan housing scrolls. Contractor may use bristle or wire brushing, but care must be taken not to scratch painted services. Contractors shall be responsible to remove all grillwork for cleaning, and for subsequent reinstallation of same. 2.1.22 All ducts shall be cleaned in accordance with National Air Duct Cleaners Association (NADCA) Assessment, Cleaning & Restoration (ACR) 2013 prescribed methods and procedures. 2.1.23 Inaccessible Ducts 2.1.23.1 Contractor shall create a service opening in the system to accommodate cleaning of ducts that are too small or difficult to access only if there are no other alternatives. If opened, the opening in the duct shall then be covered by a panel of an equivalent sheet metal gauge or higher, mechanically fastened with screws and sealed with gaskets, duct sealant, mastic or tape, in such a manner as to ensure no leakage of air. All sheet metal ductwork repairs must follow guidelines established by Sheet Metal and Air Conditioning Contractors National Association (SMACNA). Flexible duct shall not be opened and disconnected at both ends for proper cleaning. 2.1.23.2 Supply grilles shall have a temporary filter (to be supplied by the contractor) placed behind to trap contaminants that might be discharged during cleaning. The temporary filters shall remain in place a minimum of one week after contractor has completed the project. At that time, contractor shall remove all temporary filters. Contractor discards, SERIAL 220122-S including temporary filters, shall be disposed of off of County property; contractor’s trash is not to be placed into County trash bins. 2.1.23.3 Automatic and manual dampers shall be cleaned using same methods as outlined above in Section 2.1.21. Any mechanical defects found shall be reported to the County, in writing. All manual dampers shall be reset in the exact position as the damper was set prior to cleaning. 2.1.23.4 Vacuum activated valve boxes shall be brushed, vacuumed, and/or washed using a non-caustic solution. 2.1.24 Filter Frames Contractor shall remove existing filters and clean all frames using brushing, vacuuming, and/or washing, with non-caustic solution. Any damage found to filter frames should be reported to the County. The County shall make a determination whether the contractor shall reinstall the old filters or replace with new. 2.1.25 Cleaning Agents 2.1.25.1 All materials used for cleaning coils shall be Environmental Protection Agency (EPA) and/or United States Department of Agriculture (USDA) registered, and normal industry standard cleaning agents used. No substitutions are allowed; no acids, caustics, or solvents shall be used without prior specific approval, in writing, from the Facilities Management Department (FMD). Safety Data Sheets (SDS) must be on site during duration of the task being performed. 2.1.25.2 SDS sheets on all chemicals used must be supplied to the County prior to job start. Additionally, each contractor must submit with their bid package all SDS sheets for chemicals they plan to use in carrying out the specifications herein. 2.1.26 PRESSURE CLEANING EQUIPMENT 2.1.26.1 All equipment used by the contractor is to be safe, clean, and used as intended. 2.1.26.2 Contractor shall use pressure equipment in the coil cleaning operation that has the capability of variable pressures, volumes, chemical strengths, and that is supplied with hot water. 2.1.26.2.1 Pressure variables will be between the range of 150 PSI and 5000 PSI. Variable volumes will include the range of 1/10 GPM through 7 GPM. 2.1.26.2.2 Variable chemical strengths used will be industry standard for type of equipment being cleaned. 2.1.26.2.3 The cleaning equipment must be capable of operating at distances of 600 feet from air handler coils. 2.1.27 STEAM CLEANING 2.1.27.1 Contractor shall clean coils using industry-cleaning methods, such as low or high-pressure hot liquid cleaning products. 2.1.27.2 If a coil cannot be cleaned by these methods, a steam cleaning process shall be used. Contractor may use an electric or gas-powered steam machine with prior approval, in writing, by Facilities Management. SERIAL 220122-S 2.1.28 Contractor must have the capability to use photo documentation via camera and a fiber-optic borescope. Contractor shall use photography to verify duct and coil conditions both before and after cleaning. The borescope shall be used for manual inspections via a hole drilled into the duct should a department require on-site verification of cleaning. Proof of ownership or availability of such equipment shall accompany bid package. 2.1.29 Work shall be scheduled by the contractor with the Facilities Management Department (FMD) staff (or other using department staff) to ensure all cleaning operations do not interfere with normal building operations. 2.1.30 All service work performed by contractor shall be to a professional standard, and susceptible to FMD (or other County agencies) staff inspection. Documentation, through an audit and feedback system of contract administration shall be used in this contract, by the County departments. 2.1.31 In the event the work performance of the contractor is unsatisfactory, the contractor will be notified by the County and be given one day to correct the work. Labor for all re-work will be at no cost to the County. Should the contractor fail to correct the work to the County’s satisfaction, the County reserves the right to make other arrangements to have the work completed, and the cost of such work shall be offset from any monies due the contractor. Costs of such work that exceed the amount of monies due the contractor shall be the responsibility of the contractor and shall billed to the contractor. 2.1.32 HEPA AND OTHER SPECIALTY FILTERS 2.1.32.1 Contractor shall obtain pre-authorization from the Regional Maintenance Supervisor of FMD for all work related to cleaning/replacement/removal of HEPA and other specialty filters prior to any commencement of work to ensure that the occupants of the building are notified and the negative air pressure system is not compromised. 2.1.32.2 Contractor MUST contact the Duty Plant Operator in the boiler room at 602-506-3310 for every service upon arrival and notify them that they will be turning off equipment that may go into alarm and again notify the Duty Plant Operator at time departure. 2.1.32.3 Contractor shall clean filter racks and remove construction debris from County property for disposal at the end of each workday. 2.1.32.4 Contractor shall place all used HEPA and other specialty filters into bags at the point of origin. The contractor shall be responsible for proper disposal of filters. 2.1.32.5 Contractor shall provide their employees all appropriate personal protection equipment (PPE) while conducting the filter exchange and baggage of HEPA and other specialty filters for disposal. All recommended guidelines and applicable regulations shall be adhered to including Occupational Safety and Health Administration (OSHA) and the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). Appropriate PPE shall include hooded and footed TYVEK type suits, neoprene gloves, safety glasses, and half-faced reusable respirator with at minimum #P100 particulate filters. SERIAL 220122-S 2.1.32.6 Contractor shall conduct the access, removal and replacement of the HEPA and other specialty filters within the negative pressured clean rooms and not in the presence of County employees unless County employees have appropriate PPE as indicated in section 2.1.32.4. 2.1.32.7 If filters are located within a specific air handler room that is adjacent to air handlers feeding other parts of the facility, those additional (non-HEPA filtered) air handlers must be turned off during the access, removal and replacement of HEPA and other specialty filters and turned back on following work activities. 2.2 It is the contractor’s responsibility to inform FMD (or other using agency) of any updates to electrical panels; therefore, the contractor shall label and identify all electrical components and shall put the newly updated panel schedule(s) inside the modified electrical panel. The new schedule will be dated (MM/DD/YYYY) and the existing schedule shall remain in the panel behind the new schedule. 2.3 DETENTION FACILITIES SERVICES REQUIREMENTS 2.3.1 Contractors may be required to provide services to detention facilities. Contractors should be aware to use caution when servicing a detention facility: 2.3.1.1 Contractor’s service vehicle shall be secured and locked whenever a technician is not in a vehicle or accessing materials, tools, and or equipment from a vehicle. 2.3.1.2 Contractor’s technicians must, at all times, monitor and account for any and all tools taken into a detention facility. 2.3.1.3 Contractor may be required to provide services in detention facilities in stages rather than in whole due to the nature of the facility. Contractor shall take this into consideration when preparing a quote for detention facility services. 2.4 WORK OUTSIDE THE SCOPE Work outside the scope includes any work not normally performed in the scope of this solicitation and that can be performed by the prime contractor. If a subcontractor is used, apply mark-up as indicated in Section 2.13 - Allowable Pass-Through Costs with Mark-Up Under Time and Materials Work. Work outside the scope includes, but is not limited to, duct repair or patching, fan blade cleaning/repair/replacement, and filter replacement. 2.5 PERFORMANCE REQUIREMENTS 2.5.1 Unless pre-approved by FMD, all work shall be performed by one service technician. If needed, contractor may dispatch a helper (laborer) to aid the technician. Any additional technicians or helpers needed for a specific job must be pre-approved by the County. The invoice shall be notated with pre-approval, for example, “extra technician pre-approved by [person’s name].” 2.5.2 Contractor shall not make any changes to the equipment specifications, method of fabrication, or other requirements without the express prior written consent of the County. Any proposed changes shall be presented to the assigned County contact prior to the change taking effect (contact information will be provided on purchase orders). 2.5.3 Contractor shall utilize only original equipment manufacturer (OEM) parts, as recommended by the equipment manufacturer, for replacement or repair, and use SERIAL 220122-S only those materials obtained from and/or recommended by the equipment manufacturer(s) unless otherwise pre-approved in writing by the County. 2.5.4 Contractor shall coordinate all work schedules with the County before beginning any work which requires a utility outage or outage of equipment. Outages shall be arranged with the County in advance, if possible, and such work shall only be performed during County-approved times. The County must be notified immediately of any unanticipated outage and if any equipment is mistakenly taken out of service. 2.6 REPLACEMENT OR OVERHAUL OF EQUIPMENT 2.6.1 Equipment that has reached obsolescence or that is in need of replacement or overhaul shall be evaluated by the contractor and a written price estimate shall be presented to the County. The County may or may not approve the work, dependent on budgets and priorities, or may request competitive bids. If approved, existing equipment shall be replaced with new equipment, or, with County approval, shall be overhauled. 2.6.2 The County reserves the right to utilize its own sources for the purchase of new equipment or individual components. If the County exercises this right, the contractor may be given the opportunity to install these items. 2.7 CONTRACTOR QUALIFICATIONS 2.7.1 Contractor shall have all required licensing necessary to perform the scope of services specified herein, including, but not limited to, those required by the State of Arizona, Registrar of Contractors. Proof of such shall be provided at time of bid, and shall be maintained throughout the term of this contract. 2.7.2 Contractor must be a certified member of the NADCA. Additionally, contractor must have at least one staff employee who is NADCA certified as a NADCA Air System Cleaning Specialist (ASCS). 2.7.3 Contractor must meet all Federal EPA and Occupational Safety and Health Administration (OSHA) guidelines (if any) in the proper handling and disposal of special waste or contaminated materials generated by services rendered. 2.7.4 Contractor and technicians performing work as identified in the specifications herein must have a thorough understanding of HVAC coil, air handler, and duct systems. 2.7.5 Required Experience 2.7.5.1 Contractor shall have a minimum of five years of experience performing the work listed in the Scope of Services. Proof of such must accompany the bid packet. 2.7.5.2 Contractor’s firm must be in business HVAC service a minimum five years, and completely familiar with the specified requirements and methods needed for proper performance of this contract. Proof of such must accompany the bid packet and will be inspected prior to award. 2.7.5.3 Contractor shall be factory authorized or able to perform full maintenance, repairs, cleaning, and installations for all HVAC ducts, air handlers, coils, and associated equipment utilized in the performance of this contract. SERIAL 220122-S 2.7.5.4 Contractor(s) shall employ a minimum of five technicians, unless otherwise negotiated with the County, who are qualified to perform all work and to adequately service Maricopa County facilities. Contractor's technical staff must shall have the following qualifications, and proof of such shall accompany the bid packet: 2.7.5.4.1 Be thoroughly trained, with a minimum of five years’ experience performing the work listed in the Scope of Services. 2.8 CONTRACTOR REQUIREMENTS 2.8.1 Contractor(s) must maintain a minimum of five adequately stocked service vehicles, unless otherwise negotiated with the County; the service truck fleet shall carry sufficient supply of all tools and equipment needed to perform routine duct and coil cleaning service, including but not limited to, cleaning brushes, cleaning agents, pressure washers, steam cleaning equipment, and vacuum equipment. Proof of such must accompany the bid packet and truck fleet may be inspected prior to award. 2.8.2 Contractor’s service truck fleet and/or warehouse shall carry sufficient supply of repair parts and equipment to perform services per the scope of services presented. 2.8.2.1 Contractor shall have a local shop and/or warehouse that stocks supplies in order to keep their trucks supplied daily. As part of the County’s due diligence, these requirements may be verified by FMD via a formal inspection prior to bid award. 2.8.3 Contractor shall submit evidence of ability to provide and maintain, during the entire period of this contract, all labor, supervision, materials, tools, and equipment sufficient in number, condition, and capacity to efficiently perform the work and render the services required by this contract. 2.8.4 Contractor shall provide evidence of appropriate labor and supervision by listing personnel and their qualifications in Attachment E – Personnel Qualifications. Attachment E shall accompany the bid packet and shall be maintained throughout the contract. 2.8.5 Contractor shall provide evidence of their ability to furnish equipment and personnel by providing, with their bid packet, a listing of major tools, vehicles, equipment using Attachment F – Vehicle and Equipment Listing. Attachment F shall accompany the bid packet and shall be maintained throughout the contract. 2.8.6 Contractor(s) shall provide pricing for owned or rented special tools and equipment that may be necessary, above and beyond the tools of the trade necessary for the performance of this contract, on Attachment D – Pricing Sheet. 2.8.6.1 “Tools of the trade” are generally considered to be vehicles, tools, and equipment (e.g., hand tools, power tools, pickup trucks, vans, ladders, scaffolding, etc.) that are normally used in the course and scope of the contractor’s business and that should be a part of a qualified contractor’s inventory. Costs related to the acquisition, use, or maintenance of tools of the trade should be included as a part of the contractor’s fully‐burdened hourly labor rates and are not, under any circumstances, to be separately or directly billed to County under this contract. 2.8.6.2 “Special tools and equipment” are considered to be tools and equipment (e.g., cranes, towed air compressors, dumpsters with associated tipping SERIAL 220122-S fees, etc.) that are not typically maintained in a contractor’s inventory, but that are leased/rented to be used when needed for a specific project/job. 2.8.7 Contractor shall be responsible for obtaining and transporting equipment to and from the job site. In this regard, the contractor shall: 2.8.7.1 Ensure that its employees that are assigned to perform the work carry their own tools of the trade or are provided with tools normally carried by the trade on the job site. 2.8.7.2 Arrange for lease or rental of any special tools and equipment needed to perform the work. 2.8.7.2.1 Charges for lease or rental of special tools and equipment with associated mark‐up may be directly billed to County provided that the contractor clearly identifies these items in advance, on Attachment D – Pricing Sheet, as a part of their proposal to perform the work. 2.8.7.2.2 Charges for lease or rental of special tools and equipment with associated mark‐up that have not been identified in advance as a part the contractor’s bid on Attachment D – Pricing Sheet may not, under any circumstances, be separately or directly billed to County under this contract, unless prior approval, in writing, has been provided by the County. 2.8.7.3 Ensure that all vehicles, tools, and equipment used in performing the scope of services herein are appropriately licensed, as applicable, are in good operating condition, capable of rendering efficient, economical, and continuous service, and are equipped with necessary and required safety devices in accordance with State and Federal laws. While the County reserves the right to inspect any equipment for compliance with these requirements regarding condition, this does not relieve the contractor of the obligation to furnish conforming equipment. If any equipment is found to be deficient or non‐conforming, the County shall so notify the contractor who shall immediately take action to place the equipment in good operating condition at his own expense. If the contractor does not take corrective action within a reasonable time, the County may require the immediate removal and replacement of the deficient equipment at the contractor’s expense. 2.8.8 Contractor shall perform the work in such a way as to minimize disruption to the normal operation of the County site and building occupants. 2.8.9 Upon completion of work, contractor shall clean and remove from the job site all disturbances (e.g., loose dirt, dislocated gravel, removed vegetation, footprints, old asphalt/concrete, etc.), debris, materials, and equipment associated with the work performed. County property shall be restored to the same condition as prior to start of the job. 2.8.9.1 If, upon County inspection, it is found that the contractor failed to adequately clean up the site (meaning to the County’s satisfaction) after work has been performed, the County will notify the contractor and the contractor will have 24 hours to clean. Should the contractor fail to clean a site to the County’s satisfaction, the County reserves the right to make other arrangements to have the area cleaned, and the cost of such work shall be offset from any monies due the contractor. Costs of such work SERIAL 220122-S that exceed the amount of monies due the contractor shall be the responsibility of the contractor and shall billed to the contractor. 2.8.10 Contractor shall perform all services in such a manner that County property is not damaged. 2.8.10.1 In the event damage occurs to County property or any adjacent property due to any services performed under this contract, the contractor shall immediately notify the County representative about the damages and shall replace or repair the same at no cost to the County within 48 hours of notifying the County, or by a deadline approved by the County. 2.8.10.2 If damage caused by the contractor has to be repaired or replaced by the County, the cost of such work shall be deducted from the monies due the contractor. Costs of such work that exceed the amount of monies due the contractor shall be the responsibility of the contractor and shall billed to the contractor. 2.8.11 Contractor shall utilize only experienced, responsible, and capable people in the performance of the work. The County may require that the contractor remove from the job covered by this contract, any employee who endangers persons or property or whose continued employment under this contract is inconsistent with the interest of the County. 2.8.12 Contractor(s) must have a business facility within 50 miles of 401 W. Jefferson Street, Phoenix, AZ 85003. 2.8.13 The County may inspect contractor facilities prior to award and reserves the right to make award based on the condition and quality of contractor facilities and equipment. 2.8.14 Contractors bidding on this solicitation may request a site visit to determine conditions that would affect prices and work performance. Contractors shall schedule requested site visits by contacting the procurement officer listed in this solicitation. 2.8.15 To avoid the potential transmission of COVID-19 in any County-owned or -leased facilities, prior to entering, or when on any Maricopa County facility, property, building, or structure, all contractors, their employees, and subcontractors may be required to wear a face mask/face covering. Attendees who do not adhere to County requirements may be prohibited from visiting County site(s) and/or from entering County facilities, properties, buildings, or structures. The County is not responsible for providing face masks or face coverings. 2.8.16 All vehicles used by contractor, including personal transportation vehicles, shall be clearly identified with the name of the company on each side of the vehicle. The letters shall be of such size that they are distinguishable at a reasonable distance. 2.8.17 All employees of the contractor shall wear a company uniform identified with the company name/logo and consisting of a minimum of one of the following: Shirt/blouse Vest Cap 2.8.18 Only authorized employees of the contractor are allowed on Maricopa County work sites. Contractor’s employees are NOT to be accompanied in their work area by acquaintances, family members, assistants, or any other person unless said person is an authorized employee of the contractor. SERIAL 220122-S 2.8.19 All work must comply with EPA, OSHA, and any state, County, or local regulations in effect at each service location. Contractor shall adhere to all regulations, rules, ordinances, and standards set by Federal, state, County, and municipal governments pertaining to safety on the job site. If the contractor is found not to be in compliance with Federal, state, County, and/or municipal safety rules, ordinances, policy, procedure, or codes, the County may, in accordance with the “Suspension of Work” clause of the contract, suspend the work without cost to the County until such non-compliant issues are rectified to the satisfaction of the using agency. Continued non-compliance may result in termination of the contract. 2.8.20 County may conduct audits and performance reviews throughout the term of a contract to ensure contract compliance by the contractor. 2.9 HOURS OF SERVICE 2.9.1 Contractor may be required to provide telephone access 24 hours per day, 7 days per week (24/7), 365 days per year, and respond to a call for services within 30 minutes of receipt of a service request received via phone or email. 2.9.2 Services shall be available 24/7, 365 days per year. 2.9.3 Contractor shall respond on-site to begin work within four hours of receipt of a service request unless arrangements have been made for a later date/time with the County per the work order or notice to proceed. 2.9.4 The four-hour response time for non-emergency calls shall carry over to the next working day if called into contractor’s office after 2:00 p.m. MST. The contractor will be required to begin work by 8:00 a.m. MST the following day. 2.9.5 Contractors shall respond to emergency service requests immediately and report on-site to begin work within two hours of an emergency service call request regardless of the day/time of day, weekend, or holiday. 2.9.5.1 Regular hours are between the hours of 6:00 a.m. and 6:00 p.m., MST, Monday through Friday, excluding County holidays. 2.9.5.2 After hours are between the hours of 6:00 p.m. and prior to 6:00 a.m., MST, Monday through Friday. 2.9.5.3 Weekends are anytime on a Saturday or a Sunday. 2.9.5.4 Holidays are County holidays. 2.9.5.5 The Facilities Management Parts Warehouse is open for deliveries between the hours of 7:00 a.m. to 3:00 p.m. MST, weekdays, except for County holidays. 2.9.5.6 Due to the nature of work in public buildings, FMD will dictate during what service hours the contractor shall provide services. 2.10 BUILDING ACCESS 2.10.1 The contractor may be provided access to County facilities at the discretion of FMD. Keys, badges, or access cards will be provided per the following guidelines: 2.10.1.1 contractor employees may sign out a set of keys (all looped on a single key ring) upon arrival at site, and must turn in the key set at the end of SERIAL 220122-S the day or after completion of duties (as arranged with the County) unless they are issued a permanent key; or 2.10.1.2 permanent keys may be provided to contractor employees on a case- by-case basis; or 2.10.1.3 badges or access cards may be provided to contractor employees for access to the job site. 2.10.2 Should an employee leave the contractor’s workforce, contractor shall immediately notify the County and all keys, badges, and access cards must be returned to the County. 2.10.3 The contractor shall notify the County within 24 hours of discovery that any keys, badges, or access cards are lost, misplaced, stolen, or otherwise not within the contractor’s control. 2.10.4 Once this agreement is complete, expired, or terminated, the contractor shall immediately return all keys, badges, or access cards to the County. 2.10.5 Failure to comply with these requirements may result in the contractor being assessed the cost of replacing keys, badges, or access cards, and any associated cost to ensure the security of County facilities including, but not limited to, re-keying the entire building at the expense of the contractor. 2.11 TIME AND MATERIALS WORK, PROJECT WORK, AND PREVENTATIVE MAINTENANCE 2.11.1 All work shall be completed as Time & Material (T&M) work or project work. T&M and project work thresholds shall apply as outlined in the scope of this contract. If the contract is awarded to a single vendor, all work priced below the T&M threshold may be performed as T&M work as negotiated with the County, in which case project work language will be removed at the time of contract award. Contract award to multiple contractors will result in a call order (first, second, third, etc.) for T&M work. The call order will be determined by respondents lowest average hourly pricing for labor found in the bid responses on Attachment D – Pricing Sheet. 2.11.2 Contractor is responsible for confirming the appropriate billing method with the FMD project manager (or other using department) prior to start of work. 2.11.3 A request for a price estimate does not imply that work may be billed as a project. 2.11.4 Time and Materials Work 2.11.4.1 Cost estimates for work, which will not constitute a firm fixed quote, may be requested from contractors by County project managers. Work with estimated costs below $10,000 may be performed either as T&M work or may, at the County’s option, be bid among the contractors awarded in the contract. 2.11.4.2 County reserves the right to adjust the $10,000 T&M threshold if such adjustment is deemed to be in the County’s best interest. 2.11.4.3 Regardless of value, repairs may be completed under a T&M work designation except when it is deemed in the County’s best interest to bid among contractors awarded in the contract. 2.11.4.4 Contractor will price T&M services at the contractor’s “most favored customer” pricing/discounts under similar conditions (e.g., order sizes, SERIAL 220122-S types, complexities, geographical regions, etc.). Contractors will provide County with a full breakdown estimate of pricing prior to County issuance of a work order/project number. 2.11.4.5 T&M hourly labor rates shall include all wages, indirect costs, overhead, profit, coordination time, general and administrative expenses, and profit. Fractional parts (15-minute intervals) of an hour shall be payable on a prorated basis. 2.11.4.6 Contractor shall only bill County for actual hours worked. County shall not pay for contractor’s travel or mobilization time, lunch breaks, traffic delays, etc. Additionally, contractor shall not bill County for time spent retrieving repair parts and equipment that contractor has failed to have on hand when performing anticipated services per the specifications herein, e.g., temporary filters for supply grilles. 2.11.4.7 All T&M work shall only require the County to issue a work order/project number to a contractor as authorization to proceed. The work order/project numbers shall be included on the vendor invoice. 2.11.4.8 Contractor must have availability for 24/7 emergency T&M response. 2.11.4.9 T&M repairs may take place in response to emergency calls. 2.11.5 Project Work 2.11.5.1 Project work shall mean work, which, in the best interest of the County, would be more advantageous to be performed as "all inclusive,” as opposed to T&M. The contractor assigned to this contract shall be provided a request for project quote containing a detailed scope of work or shall meet with the County agency, discuss what needs to be done, and present the County with a written quote. 2.11.5.2 Project work shall be work that has been planned and has estimated costs in excess of $10,000. The County reserves the right to adjust the $10,000 project threshold if deemed in the County’s best interest. 2.11.5.3 Exceptions to the T&M/project work threshold shall be emergencies that arise and must be dealt with immediately without the time for project quotes. 2.11.5.4 County’s project quote sheet will contain the following information: 2.11.5.4.1 Contract serial number and name 2.11.5.4.2 Name and address of site 2.11.5.4.3 FMD site number 2.11.5.4.4 Detailed scope of work 2.11.5.4.5 Other information relative to the scope of work 2.11.5.4.6 Project start/finish timeline (optional) 2.11.5.4.7 Check box for “will quote” or “will not quote” the project 2.11.5.4.8 Signature line for both the County and the Contractor SERIAL 220122-S 2.11.5.5 After site review of the project, all contractors listed under this contract must submit the project quote sheet back to the requestor, either with acceptance and a firm price, or indication that contractor declines the project with a written reason as to why the project was declined. Contractors who have declined project work a minimum of three times during a six-month period shall be required to attend a meeting with the Office of Procurement Services and FMD to discuss consideration for default of contract, as this is indicative of the Contractor’s desire not to do business with the County. 2.11.5.6 The submitted project price quote is to be all-inclusive. That is, any cost overruns to be absorbed by the contractor, or cost savings to be additional profit for the contractor. Exceptions to this are changes requested by the County that incur higher project cost and longer delays. All change order requests to a project must be in writing, referencing the contract serial number, and must be approved by FMD (or by County using agency requesting the change[s]) prior to any authorization to proceed. The contractor who fails to acquire approved change orders in writing runs the risk of incurring these additional costs without payment. 2.11.5.7 County may choose to negotiate with the contractor. The responding contractor shall be required to submit all back-up documentation (line item material costs, labor hours with rates, etc.) to the FMD project manager (or County requesting agency) within three business days of a request. This documentation shall include all subcontractor documentation. If an agreement cannot be reached between the County and the contactor, either party may terminate the discussions and the County may seek to re-bid and/or deliver the project through other procurement options. 2.11.5.8 Dependent upon the complexity/nature of the project, a predetermined and/or pre-identified mandatory or optional site meeting may be held to ensure all contractors are aware of important issues regarding the project. Contractors who do not show-up to a mandatory site meeting and who submit a project quote will be considered “non-responsive”. 2.11.5.9 Contractors will be compensated for additional work requested by the County that is not detailed in the scope of work in a project quote using the labor rates bid by the contractor on the pricing page only if such work has been pre-approved, in writing, by the County. Contractors may not be compensated for additional work performed that has not been pre- approved, in writing, by the County. 2.11.5.10 Upon project completion, contractor will provide County with a closeout package containing documents that County has identified in the in the project bid. Requested documents may include, but are not limited to, warranty letters, product list, operation and maintenance manuals, and a vendor list. 2.11.5.11 Project Work Price Ceiling Limits Projects shall not exceed $300,000.00 each. If an emergency occurs, this price ceiling may be lifted if approved by the Office of Procurement Services Procurement Officer assigned to this contract; otherwise, the project may be separately bid outside of this contract document to ensure the County receives adequate competition for such work. 2.12 TIME AND MATERIALS CONSUMABLES SERIAL 220122-S Contractor(s) must provide all equipment, consumable shop supplies (rags, cleaners, solvents, gases, etc.), miscellaneous parts (screws, bolts, nuts, small items, etc.), and tools necessary to perform all required services. Contractor(s) may be allowed a one-time consumable charge of up to $25 per work order to cover these type of expenses, at the County’s discretion. Anything beyond the $25 limit shall be provided at the contractor’s own expense. 2.13 ALLOWABLE PASS-THROUGH COSTS WITH MARK-UP UNDER TIME AND MATERIALS WORK 2.13.1 Authorized costs which are not listed on the pricing page shall be paid for by the contractor and invoiced to the County. Supporting documents for any allowable pass-through cost shall accompany each final invoice. All pass-through supporting documents must be itemized for labor, materials, and taxes. The following fees will be allowed a five percent administrative mark-up: 2.13.1.1 Use of subcontractors: The use of labor by subcontractors performing any work not normally performed in the scope of providing cleaning services for of HVAC duct, air handlers, fans, including all ancillary items and associated equipment (i.e., grills, registers, screens, etc.), and that cannot be performed by the prime contractor (e.g., plumbing, electrical, structural, and rigging, etc.) and that may require specialized licensing and/or certification. 2.13.1.1.1 Prime contractor shall be responsible for ensuring that subcontractors have all proper documentation as required by the County. Use of subcontractors requires prior written approval from the County. 2.14 ALLOWABLE PASS-THROUGH COSTS WITH NO MARK-UP UNDER TIME AND MATERIALS WORK 2.14.1 Equipment and tool leases/rentals for unique County requirements: Pricing will be charged at the rate specified in the bidder response on Attachment D – Pricing Sheet (per project or T&M job) with no mark-up. 2.14.1.1 Contractors shall receive prior approval from the County, in writing, for tools or equipment rented or charged on a per use basis by contractors while conducting County business. 2.14.1.2 Operating costs for rented equipment, which include a condition that equipment only be operated by an employee of the rental company, are allowable at the operator rate designated by the rental company. Rental/Operating costs shall be paid by the contractor and invoiced to the County with no mark-up. 2.14.1.3 Permits: Any permits related to the performance of County work shall be obtained by the contractor. Permit costs shall be paid by the contractor and invoiced to the County with no mark-up. 2.14.1.4 Dump fees: Any dump fees incurred by the contractor related to work performed for the County shall be paid by the contractor and invoiced to the County with no mark-up. 2.15 TRIP CHARGE 2.15.1 One-time trip charges of $50 (one charge per work order) are permitted when Time and Materials work is requested at the following sites only: SERIAL 220122-S 2.15.1.1 MCSO Lake Aid Stations (Apache, Bartlett, Blue Point, Canyon, and Saguaro) 2.15.1.2 County offices located in Gila Bend, AZ 2.15.1.3 County offices located in Buckeye, AZ 2.15.1.4 County offices located in Aguila, AZ 2.15.2 Only one trip charge may be charged per service call. 2.15.3 If the contractor arrives onsite and is unable to locate a County representative familiar with the work or unable to gain access to the work site, the Contractor may only bill for a trip charge. The Contractor is not authorized to incur nor will the County accept billing for any labor charges. 2.16 ABESTOS AND HAZERDOUS CONDITIONS ABATEMENT 2.16.1 Contractor shall notify the County immediately of any concerns regarding asbestos or other hazardous conditions. 2.16.2 Any asbestos or other hazardous conditions discovered on the site that would impact the repairs must be abated through a licensed asbestos (or other hazardous condition) abatement contractor who must provide County with air quality and disposal certificates. Abatement subcontracting can be coordinated either by the contractor or the County. 2.17 DEAD END CHARGE If the contractor is unable to locate a County representative familiar with scheduled work or is unable to gain access to the work site, the contractor shall call the County Boiler Room (602-506-3310). A boiler room technician will give the contractors further instruction at the time work is to be performed. If the contractor is delayed or turned away after receiving further instructions from the boiler room technician, a $50 building access trip charge will be authorized by the County. 2.18 CANCELLATION COST 2.18.1 Any scheduled work cancelled without a minimum of 48 hours prior notice to the County may be rescheduled with the contractor and is subject up to a 25 percent reduction of the cost to the County. 2.18.2 If the contractor fails to show up as scheduled without contacting the County to reschedule the work, or cancels without providing 24 hour notice, the contractor may be subject to termination of this contract for default. 2.19 SALVAGE Salvage and trade-in rights shall be evaluated on a project-by-project basis by the County and shall be determined prior to incorporation in the contractor’s bid price. Salvageable materials without pre-approved contractor salvage rights shall be securely stored and are not to be transported off the site without written permission from the County. If contractor is given salvage rights, salvageable materials shall be removed daily. On-site storage of contractor’s salvaged materials is not permitted. 3.0 PURCHASING REQUIREMENTS 3.1 DELIVERY REQUIREMENTS SERIAL 220122-S 3.1.1 Delivery shall be F.O.B. Destination Freight Prepaid. 3.1.2 Delivery is desired as soon as possible. Details shall be as stipulated on the purchase order. It shall be the Contractor’s responsibility to meet the proposed delivery requirements. 3.1.3 Contractor shall notify the County representative listed on the order if the requested delivery date and/or the anticipated lead time cannot be met. 3.1.4 Failure to communicate to County changes in the order status may result in default proceedings. 3.1.5 Delivery shall be made to the County no later than 3:00 p.m. MST before the fifth calendar day after order is received unless prior arrangements have been made and approved, in writing, by the County. 3.1.6 Exceptions to the delivery schedule will be special-order items that must be identified by the contractor to the County and approved in writing by the County. 3.1.7 County reserves the right to obtain material on the open market in the event vendors fail to make delivery of materials, and will charge any price differential to the vendor. 3.1.8 Delivery will be made to the following address during the receiving hours of 7:00 a.m. - 3:00 p.m. MST during normal County business days: FACILITIES MANAGEMENT DIVISION (FMD) WAREHOUSE 2401 S. 28th Dr. Phoenix, AZ 85009 Warehouse Manager: 602-506-2501 Warehouse Specialist: 602-506-1935 3.2 SHIPPING TERMS 3.2.1 Bid price(s) and terms shall be F.O.B. Destination Freight Prepaid, to include all freight delivery and unloading costs, by the most economical method, to the County’s warehouse, or a different location(s) as stipulated on the purchase order, or as agreed upon, in writing, between the contractor and the County. All delivery locations are within Maricopa County. 3.2.2 Standard shipping of goods shall arrive within five business days of order placement. 3.2.3 Shipping costs totaling less than $50 should be considered in the contractor’s mark-up as bid in response to the contract solicitation. Shipments which contain only County goods, and which cost $50 or more may be reimbursed to the contractor as a pass-through cost with no mark-up when provided with the invoice back-up documentation. 3.2.4 If the County determines that expedited delivery or other alternate shipping is required, it shall notify the contractor. The contractor shall determine any additional costs associated with such delivery terms and communicate that cost, in writing, to the County as soon as costs are known. 3.2.5 The County shall not advise the contractor to proceed with an expedited shipment until acceptable terms are agreed upon and a purchase order is issued. Upon agreeing to the additional costs, the County shall advise the contractor to proceed. SERIAL 220122-S 3.2.6 Upon receipt of material(s) and invoicing, the County shall ensure that any additional charges are in compliance with, and do not exceed, agreed to costs. The County shall retain all documents related to these costs within the agency purchase file. 3.2.7 Contractor is responsible for shipping and handling fees related to returned items when the items have been ordered by the contractor. 3.3 SHIPPING DOCUMENTS A packing list or other suitable shipping document shall accompany each shipment and shall include the following: 3.3.1 Contract serial number 3.3.2 Contractor’s name and address 3.3.3 Department name and address 3.3.4 Department purchase order number 3.3.5 A description of product(s) shipped, including item number(s), quantity(ies), number of containers and package number(s), as applicable 3.4 OPERATING MANUALS Upon delivery of services, contractor shall provide comprehensive instructional manuals, operational manuals, service manuals, and schematic diagrams, if required by the department. 3.5 INSTALLATION Contractor shall be responsible to install and present for inspection all services and equipment in a complete and ready-for-use condition with all components functioning, cleaned and tested. Contractor’s price shall include delivery and installation of all equipment in complete operating condition. SERIAL 220122-S 3.6 ACCEPTANCE Upon completion, services shall be deemed accepted and the warranty period shall begin. Successful service delivery shall be defined as a) material(s)/equipment is installed (as necessary) and fully operational; and b) the department has deemed all service/work completed, including but not limited to any inspection, repair, installation, design, development, deployment, operation, and initial training, (as applicable). Additionally, all documentation shall be completed prior to final acceptance. 3.7 FACTORY AUTHORIZED SERVICE AVAILABILITY The Contractor shall have and maintain a local factory authorized service facility within the Phoenix, Arizona metropolitan area. The facility shall be capable of supplying and installing component parts, troubleshooting, repairing and maintaining the material(s). Minimum service hours for the facility shall be from 8:00 A.M. through 5:00 P.M., Arizona Time, Monday through Friday. 3.8 WARRANTY 3.8.1 All services furnished under this contract shall conform to the requirements of this contract. 3.8.2 Service and/or Repair Warranty 3.8.2.1 The warranty shall cover all parts and labor for a period of one year from formal acceptance by the County. Any manufacturer warranty beyond one year shall be passed on to the County. 3.8.2.2 Contractor shall indicate on the price sheet the duration of the warranty and any applicable limitations or conditions which may apply. 3.8.2.3 Contractor agrees that it will, at its own expense, provide all labor and parts required to remove, repair or replace, and reinstall any such defective workmanship and/or materials which becomes or is found to be defective during the term of this warranty. Contractor shall guarantee the services to be supplied comply with all applicable regulations. 3.8.3 Project and/or New Installation Warranty Project and/or new installation warranty shall cover all parts and labor for a period of one year from formal acceptance by the County. Any manufacturer warranty beyond one year shall be passed on to the County. 3.9 USAGE REPORT Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit of measure. 3.10 BACKGROUND CHECK Bidders/proposers need to be aware that they may be required to pass multiple background checks (e.g., Sheriff’s Office, County Attorney's Office, Courts, as well as County general government) to determine if the respondent is acceptable to do business with the County. This applies to, but is not limited to, the company, subcontractors, and employees. The failure to pass these checks may deem the respondent non-responsible. SERIAL 220122-S 3.11 INVOICES AND PAYMENTS 3.11.1 Payment terms will be calculated based on the date a properly completed invoice is received by the County. 3.11.2 Contractors shall provide the County with invoices no later than 14 days after services and delivery of goods are completed and accepted by the County rendered final. 3.11.3 For Time & Material work, Contractor(s) must provide, at Contractor’s own expense, all equipment, expendable shop supplies (rags, cleaners, solvents, gasses, etc.), miscellaneous parts (screws, bolts nuts, small items etc.), tools, etc. necessary to perform all the required services. This shall be all inclusive as “cost of doing business” and as such, be included in the contracted labor rates. 3.11.4 Contractor shall submit one legible copy of their detailed invoice before payment(s) will be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: 3.11.4.1 Company name, address, and contact information 3.11.4.2 County bill-to name and contact/requestor information 3.11.4.3 Building name and building number 3.11.4.4 County purchase order number (if applicable) 3.11.4.5 Contract serial or e-procurement platform agreement number (if applicable) 3.11.4.6 Maximo (FMD) service call number 3.11.4.7 Work order/project number (if applicable) 3.11.4.8 Invoice number and date 3.11.4.9 Payment terms as stated in the agreement (if applicable) 3.11.4.10 Date of service or delivery (for project work: use “completion date”) 3.11.4.11 Arrival and completion time (if applicable) 3.11.4.12 Description of purchase (product or services) 3.11.4.13 Labor breakdown: rate per hour x no. of hours by personnel type 3.11.4.14 Material breakdown: itemized parts list to contain unit price x quantity, indicating mark-ups as contracted) 3.11.4.15 Extended price 3.11.4.16 Expedited shipping cost (pre-approved by the County) 3.11.4.17 Freight (if applicable) 3.11.4.18 Total amount due with tax amounts separated (Time and Materials work). (On a separate line, must clearly indicate the tax rate being applied). 3.11.5 Time and material commodities must be billed as a separate line item on the invoice. SERIAL 220122-S 3.11.6 Billable Parts Pricing: 3.11.6.1 All parts sold to the County MUST be itemized and priced in one of two formats: 3.11.6.1.1 priced separately as contractor’s cost, then cost + percentage price (i.e., $25.00 [contractor’s cost] $30.00 [cost + percentage]); or 3.11.6.1.2 priced singularly (contractor’s cost + percentage, i.e., $30.00), with a statement at the bottom of invoice that states “The above parts pricing reflects XX% over cost.” 3.11.6.2 County retains the right to refuse to pay for incorrectly invoiced parts until correct invoicing is submitted by the contractor. 3.11.7 Invoicing for project work must contain: 3.11.7.1 Contract serial number 3.11.7.2 Purchase order number (if used) 3.11.7.3 Terms as bid 3.11.7.4 Description of work performed 3.11.7.5 Location of job site and FMD site number) 3.11.7.6 Project cost as quoted 3.11.7.7 Applicable construction tax if required (65% of retail tax rate) 3.11.7.8 Grand total 3.11.7.9 The project quote sheet and all change orders shall be attached to the invoice 3.11.8 Invoicing that does not have all the required information as listed above, will be sent back for corrections, delaying payment to the contractor. 3.11.9 Problems regarding billing or invoicing shall be directed to the department as listed on the purchase order. 3.11.9.1 FMD questions regarding billing or invoicing should go to FMD accounts payable (FMD-AccountsPayable@mail.maricopa.gov). 3.11.10 Payment shall only be made to the contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After contract award, the contractor shall complete the Vendor Registration Form accessible through the County Department of Finance Vendor Registration website at https://www.maricopa.gov/5169/Vendor- Information. 3.11.11 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County. 3.11.12 EFT payments to the routing and account numbers designated by the contractor shall include the details on the specific invoices that the payment covers. Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.12 PRICES Contractor warrants that prices extended to County under this Contract are no higher than those paid by any other customer for these or similar services. SERIAL 220122-S 3.13 APPLICABLE TAXES 3.13.1 It is the responsibility of the contractor to determine any and all applicable taxes and include those taxes in their proposal. The legal liability to remit the tax is on the entity conducting business in Arizona. Tax is not a determining factor in contract award. 3.13.2 The County will look at the price or offer submitted and will not deduct, add, or alter pricing based on speculation or application of any taxes, nor will the County provide contractor any advice or guidance regarding taxes. If you have questions regarding your tax liability, seek advice from a tax professional prior to submitting your bid. You may also find information at https://www.azdor.gov/Business.aspx. Once your bid is submitted, the offer is valid for the time specified in this solicitation, regardless of mistake or omission of tax liability. If the County finds over payment of a project due to tax consideration that was not due, the contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on taxes included in a bid price. 3.13.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes applicable to their operation and any persons employed by the contractor. Contractor shall, and require all subcontractors to, hold the County harmless from any responsibility for taxes, damages, and interest, if applicable, contributions required under Federal and/or State and local laws and regulations, and any other costs including transaction privilege taxes, unemployment compensation insurance, Social Security, and Workers’ Compensation. Contractor may be required to establish, to the satisfaction of County, that any and all fees and taxes due to the City or the State of Arizona for any license or transaction privilege taxes, use taxes, or similar excise taxes are currently paid (except for matters under legal protest). 3.14 PERFORMANCE It shall be the contractor’s responsibility to meet the proposed performance requirements. The County reserves the right to obtain services on the open market in the event the contractor fails to perform, and any price differential will be charged against the contractor. 3.15 POST AWARD MEETING Contractor may be required to attend a post-award meeting with the department to discuss the terms and conditions of this contract. This meeting will be coordinated by the procurement officer of the contract. 3.16 STRATEGIC ALLIANCE for VOLUME EXPENDITURES (SAVE) The County is a member of the SAVE cooperative purchasing group. SAVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the SAVE Cooperative Purchasing Agreement, and with the concurrence of the successful respondent under this solicitation, a member of SAVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of SAVE, state so in your bid. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this bid. The County assumes no responsibility for any purchases by using entities. SERIAL 220122-S 3.17 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPAs) County currently holds ICPAs with numerous governmental entities. These agreements allow those entities, with the approval of the contractor, to purchase their requirements under the terms and conditions of the County contract. It is the responsibility of the non- County government entity to perform its own due diligence on the acceptability of the contract under its applicable procurement rules, processes, and procedures. Certain governmental agencies may not require an ICPA and may utilize this contract if it meets their individual requirements. Other governmental agencies may enter into a separate Statement of Work with the contractor to meet their own requirements. The County is not a party to any uses of this contract by other governmental entities. 3.18 VOLUNTARY EMPLOYEE DISCOUNTS 3.18.1 Contractors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a contractor offers or does not offer an employee discount is not a factor considered in the evaluation of responses to this solicitation. 3.18.2 Any discount offered is part of a commercial transaction between the contractor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the contractor and an individual County employee is a matter between the contractor and the employee. If a discount is offered, the terms will be announced to County employees. 4.0 CONTRACTUAL TERMS & CONDITIONS 4.1 CONTRACT TERM This Invitation for Bids is for awarding a firm, fixed-price purchasing contract to cover a term of two years. 4.2 OPTION TO RENEW The County may, at its option and with the concurrence of the contractor, renew the term of this contract up to a maximum of four additional years, (or at the County’s sole discretion, extend the contract on a month-to-month basis for a maximum of six months after expiration). Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least 60 calendar days prior to the expiration of the original contract term. 4.3 CONTRACT COMPLETION In preparation for contract completion, the contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include, but is not limited to, preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records and other data in the possession, custody, or control of the contractor that are required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.4 PRICE ADJUSTMENTS 4.4.1 All prices shall be held firm for the initial term of the contract unless otherwise authorized in writing by the Office of Procurement Services. SERIAL 220122-S 4.4.2 Any requests for reasonable price adjustments must be submitted 60 calendar days prior to the contract expiration. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County will issue written approval of the change and provide an updated version of the contract. The new change shall not be in effect until the date stipulated on the updated version of the contract. 4.4.3 In the event any price increase is requested as the result of any tariff that becomes effective during the performance of this contract, the County may adjust the price based on a request from the contractor that documents the additional price increase. If, during the performance of this contract, any tariff-related price increase is subsequently reduced or eliminated, the vendor shall notify the County of the decrease and shall apply it accordingly for remaining term of the contract. If the County finds over payment of a project due to tariff reduction that was not due, the contractor will be liable to the County for that amount, and by contracting with the County agrees to remit any overpayments back to the County for miscalculations on increases due to tariffs included in a bid price. 4.5 INDEMNIFICATION 4.5.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses, or expenses are not covered and paid by insurance purchased by the contractor, the contractor shall defend, indemnify, and hold harmless the County (as Owner), its agents, representatives, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from, the negligent acts, errors, omissions, or mistakes relating to the performance of this contract. 4.5.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment of, or destruction of tangible property, including loss of use resulting therefrom, caused by negligent acts, errors, omissions, or mistakes in the performance of this contract, but only to the extent caused by the negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. 4.5.3 The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this section. 4.5.4 The scope of this indemnification does not extend to the sole negligence of County. 4.6 INSURANCE 4.6.1 Contractor, at contractor’s own expense, shall purchase and maintain, at a minimum, the herein stipulated insurance from a company or companies duly licensed by the State of Arizona and possessing an AM Best, Inc. category rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. SERIAL 220122-S 4.6.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this contract. 4.6.3 In the event that the insurance required is written on a claims-made basis, contractor warrants that any retroactive date under the policy shall precede the effective date of this contract and either continuous coverage will be maintained, or an extended discovery period will be exercised for a period of two years beginning at the time work under this contract is completed. 4.6.4 Contractor’s insurance will be primary insurance as respects County, and any insurance or self-insurance maintained by County will not contribute to it. 4.6.5 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 4.6.6 The insurance policies may provide coverage that contains deductibles or self- insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 4.6.7 The insurance policies required by this contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials, and employees as additional insureds. 4.6.8 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials, and employees for any claims arising out of contractor’s work or service. 4.6.9 If available, the insurance policies required by this contract may be combined with Commercial Umbrella Insurance policies to meet the minimum limit requirements. If a Commercial Umbrella insurance policy is utilized to meet insurance requirements, the Certificate of Insurance shall indicate which lines the Commercial Umbrella Insurance covers. 4.6.9.1 Commercial General Liability Commercial General Liability (CGL) insurance with a limit of not less than $2,000,000 for each occurrence, $4,000,000 Products/Completed Operations Aggregate, and $4,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third-party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. SERIAL 220122-S 4.6.9.2 Automobile Liability Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $2,000,000 each occurrence with respect to any of the contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the contractor’s work or services or use or maintenance of the premises under this contract. 4.6.9.3 Workers’ Compensation 4.6.9.3.1 Workers’ Compensation insurance to cover obligations imposed by Federal and State statutes having jurisdiction of contractor’s employees engaged in the performance of the work or services under this contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. 4.6.9.3.2 Contractor, its subcontractors, and sub-subcontractors waive all rights against this contract and its agents, officers, directors, and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or Commercial Umbrella Liability insurance obtained by contractor, its subcontractors, and its sub-subcontractors pursuant to this contract. 4.6.9.4 Environmental/Pollution Contractor shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance with a limit of not less than $2,000,000 for each occurrence with a $4,000,000 Products/Completed Operations Aggregate and a $4,000,000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations, environmental and pollution damage, and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this contract. 4.6.9.5 Certificates of Insurance 4.6.9.5.1 Prior to contract award, contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the contract in the form provided by the County, issued by contractor’s insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this contract are in full force and effect. Such certificates shall identify this contract number and title. 4.6.9.5.2 In the event any insurance policy(ies) required by this contract is (are) written on a claims-made basis, coverage shall extend for two years past completion and acceptance of contractor’s work or services and as evidenced by annual Certificates of Insurance. SERIAL 220122-S 4.6.9.5.3 If a policy does expire during the life of the contract, a renewal certificate must be sent to County 15 calendar days prior to the expiration date. 4.6.9.5.4 Certificates of Insurance shall identify Maricopa County as the certificate holder as follows: Maricopa County c/o Risk Management 301 W Jefferson St, Suite 910 Phoenix, AZ 85003 4.6.9.6 Cancellation and Expiration Notice Applicable to all insurance policies required within the insurance requirements of this contract, contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without 30 calendar days prior written notice to Maricopa County. Contractor must provide notice to Maricopa County, within two business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 160 South 4th Avenue, Phoenix, AZ 85003, or emailed to the procurement officer noted in the solicitation. 4.7 FORCE MAJEURE 4.7.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this contract, if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes include, but are not limited to acts of God/nature (including fire, flood, earthquake, storm, hurricane, or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, and interruption or failure of electricity or telecommunication service, and pandemic. 4.7.2 Each as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 4.7.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. 4.8 ORDERING AUTHORITY Any request for purchase shall be accompanied by a valid purchase order issued by a County department or directed by a Certified Agency Procurement Aid (CAPA) with a purchase card for payment. SERIAL 220122-S 4.9 AVAILABILITY OF FUNDS 4.9.1 The provisions of this contract relating to payment shall become effective when funds assigned for the purpose of compensating the contractor as herein provided are actually available to County for disbursement. The County will be the sole judge and authority in determining the availability of funds under this contract. County will keep the contractor fully informed as to the availability of funds. 4.9.2 If any action is taken by any state agency, Federal department, or any other agency or instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection with, this contract, County may amend, suspend, decrease, or terminate its obligations under, or in connection with, this contract. In the event of termination, County will be liable for payment only for services rendered prior to the effective date of the termination, provided that such services are performed in accordance with the provisions of this contract. County will give written notice of the effective date of any suspension, amendment, or termination under this section, at least 10 days in advance. 4.10 PROCUREMENT CARD ORDERING CAPABILITY County may opt to use a procurement card (VISA or Mastercard) to make payment for orders under this contract. 4.11 INTERNET ORDERING CAPABILITY It is the intent of Maricopa County to use the Internet to communicate and to place orders under this contract. 4.12 NO MINIMUM OR MAXIMUM PURCHASE OBLIGATION This contract does not guarantee any minimum or maximum purchases will be made. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 4.13 PURCHASE ORDERS 4.13.1 County reserves the right to cancel purchase orders within a reasonable period of time after issuance. Should a purchase order be canceled, the County agrees to reimburse the contractor for actual and documentable costs incurred by the contractor in response to the purchase order. The County will not reimburse the contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, or for shipment of product prior to issuance of purchase order. 4.13.2 Contractor agrees to accept verbal notification of cancellation of purchase orders from the County with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 4.14 SUSPENSION OF WORK The procurement officer may order the contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the procurement officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. SERIAL 220122-S 4.15 STOP WORK ORDER 4.15.1 The procurement officer may, at any time, by written order to the contractor, require the contractor to stop all, or any part, of the work called for by this contract for a period of 90 calendar days after the order is delivered to the contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 calendar days after a stop work order is delivered to the contractor, or within any extension of that period to which the parties shall have agreed, the procurement officer shall either: 4.15.1.1 cancel the stop work order; or 4.15.1.2 terminate the work covered by the order as provided in the Termination for Default or the Termination for Convenience clause of this contract. 4.15.2 The procurement officer may make an equitable adjustment in the delivery schedule and/or contract price, and the contract shall be modified, in writing, accordingly, if the contractor demonstrates that the stop work order resulted in an increase in costs to the contractor. 4.16 TERMINATION FOR CONVENIENCE Maricopa County may terminate the resultant contract for convenience by providing 60 calendar days advance notice to the contractor. 4.17 TERMINATION FOR DEFAULT 4.17.1 The County may, by written Notice of Default to the contractor, terminate this contract in whole or in part if the contractor fails to: 4.17.1.1 deliver the supplies or to perform the services within the time specified in this contract or any extension; 4.17.1.2 make progress, so as to endanger performance of this contract; or 4.17.1.3 perform any of the other provisions of this contract. 4.17.2 The County’s right to terminate this contract under these subparagraphs may be exercised if the contractor does not cure such failure within 10 business days (or more if authorized in writing by the County) after receipt of a Notice to Cure from the procurement officer specifying the failure. 4.18 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST Notice is given that, pursuant to Arizona Revised Statute (A.R.S.) § 38-511, the County may cancel any contract without penalty or further obligation within three years after execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County is at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the contract arising as the result of the contract. SERIAL 220122-S 4.19 OFFSET FOR DAMAGES In addition to all other remedies at Law or Equity, the County may offset from any money due to the contractor any amounts contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 4.20 SUBCONTRACTING 4.20.1 Contractor may not assign to another contractor or subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the bid serial number and identify the job or project. 4.20.2 The subcontractor’s rate for the job shall not exceed that of the prime contractor’s rate, as bid in the pricing section, unless the prime contractor is willing to absorb any higher rates. The subcontractor’s invoice shall be invoiced directly to the prime contractor, who in turn shall pass-through the costs to the County, without mark- up. A copy of the subcontractor’s invoice must accompany the prime contractor’s invoice. 4.21 AMENDMENTS All amendments to this contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 4.22 ADDITIONS/DELETIONS OF SERVICES The County reserves the right to add and/or delete services to a contract. If additional services are required from a contract, prices for such additions will be negotiated between the contractor and the County. 4.23 RIGHTS IN DATA 4.23.1 The County shall have the use of data and reports resulting from a contract without additional cost or other restriction except as may be established by law or applicable regulation. Each party shall supply to the other party, upon request, any available information that is relevant to a contract and to the performance thereunder. 4.23.2 Data, records, reports, and all other information generated for the County by a third party as the result of a contract are the property of the County and shall be provided in a format designated by the County or shall be and remain accessible to the County into perpetuity. 4.24 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW 4.24.1 In accordance with section MC1-373 of the Maricopa County Procurement Code, the contractor agrees to retain (physical or digital copies of) all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract for six years after final payment or until after the resolution of any audit questions which could be more than six years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the department shall have full access to and the right to examine, copy, and make use of, any and all said materials. SERIAL 220122-S 4.24.2 If the contractor’s books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this contract are not sufficient to support and document that requested services were provided, the contractor shall reimburse Maricopa County for the services not so adequately supported and documented. 4.25 AUDIT DISALLOWANCES If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check, or a deduction from current invoices submitted by the contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the contractor by issuing a check payable to Maricopa County. 4.26 STRICT COMPLIANCE Acceptance by County of a performance that is not in strict compliance with the terms of the contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the contract. 4.27 VALIDITY The invalidity, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of the contract. 4.28 SEVERABILITY The removal, in whole or in part, of any provision of this contract shall not void or affect the validity of any other provision of this contract. 4.29 RELATIONSHIPS 4.29.1 In the performance of the services described herein, the contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co- employee, partnership, principal and agent, or joint venture between the County and the contractor. 4.29.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 4.30 NON-DISCRIMINATION Contractor agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09, including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and amends Executive Order 75-5 and is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, contractor shall not discriminate against any employee, client, or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability, or national origin. (Arizona Executive Order 2009-09 can be viewed at https://apps.azsos.gov/public_services/register/2009/46/governor.pdf). SERIAL 220122-S 4.31 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. 4.32 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 4.32.1 The undersigned (authorized official signing on behalf of the contractor) certifies to the best of his or her knowledge and belief that the contractor, its current officers, and directors: 4.32.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States department or agency or any state, or local jurisdiction; 4.32.1.2 have not within a three-year period preceding this contract: 4.32.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; 4.32.1.2.2 been convicted of violation of any Federal or State antitrust statutes or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 4.32.1.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, state or local) transaction or contract; 4.32.1.4 are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and 4.32.1.5 have not within a three-year period preceding this contract had any public transaction (Federal, State or local) terminated for cause or default. 4.32.2 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 4.32.3 Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this contract. If this clause is applicable to a subcontractor, the contractor shall include the information required by this clause with their bid. SERIAL 220122-S 4.33 VERIFICATION REGARDING COMPLIANCE WITH A.R.S. § 41-4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS 4.33.1 By entering into the contract, the contractor warrants compliance with the Immigration and Nationality Act (INA using E-Verify) and all other Federal immigration laws and regulations related to the immigration status of its employees and A.R.S. § 23-214(A). Contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the procurement officer upon request. These warranties shall remain in effect through the term of the contract. Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the contract and verify employee compliance using the E-Verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at www.uscis.gov. 4.33.2 The County retains the legal right to inspect documents of contractor and subcontractor employees performing work under this contract to verify compliance with paragraph 4.33.1 of this section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the contractor or any of its subcontractors are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the contract for default, and suspension and/or debarment of the contractor. All costs necessary to verify compliance are the responsibility of the contractor 4.34 CONTRACTOR LICENSE REQUIREMENT 4.34.1 Contractor shall procure all permits, insurance, and licenses, and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any requirements, by any and all governmental or non- governmental entities as mandated to maintain compliance with and remain in good standing. Contractor shall keep fully informed of existing and future trade or industry requirements, and Federal, State, and local laws, ordinances, and regulations which in any manner affect the fulfillment of a contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the department of any and all changes concerning permits, insurance, or licenses. 4.34.2 Contractor furnishing finished products, materials, or articles of merchandise that will require installation or attachment as part of the contract shall possess any licenses required. Contractor is not relieved of its obligation to obtain and possess the required licenses by subcontracting of the labor portion of the contract. Contractors are advised to contact the Arizona Registrar of Contractors, Chief of Licensing, to ascertain licensing requirements for a particular contract. Contractor shall identify which license(s), if any, the Registrar of Contractors requires for performance of the contract. 4.35 INFLUENCE 4.35.1 As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for disbarment or suspension under MC1-902. 4.35.1.1 An attempt to influence includes, but is not limited to a person offering or providing a gratuity, gift, tip, present, donation, money, entertainment SERIAL 220122-S or educational passes or tickets, or any type of valuable contribution or subsidy that is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. 4.35.2 If a person attempts to influence any employee or agent of Maricopa County, the chief procurement officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 4.35.3 ABSOLUTELY NO CONTACT BETWEEN THE RESPONDENT AND ANY COUNTY PERSONNEL, OTHER THAN THE OFFICE OF PROCUREMENT SERVICES, IS ALLOWED DURING THE SOLICITATION PROCESS UNLESS THE COMMUNICATION IS IN REGARD TO PRE-EXISTING BUSINESS WITH THE COUNTY. ANY COMMUNICATIONS REGARDING THE SOLICITATION, ITS PARTICIPANTS, OR ANY DOCUMENTATION PRIOR TO THE CONTRACT AWARD MAY BE GROUNDS FOR DISMISSAL OF THE RESPONDENT FROM THE EVALUATION PROCESS. 4.36 CONFIDENTIALITY In the course of the solicitation process, the County may disclose information that is proprietary or confidential. By submitting a bid to the solicitation, the offeror agrees that, except as necessary to prepare a response to this solicitation, neither it nor its agents or employees will communicate, divulge, or disseminate to any third-party persons or entities, any information that is disclosed to it by the County during the course of these discussions without the express written authorization of the County. If the offeror does disclose County proprietary or confidential information to a third-party in preparing a response to this solicitation, it shall require the third-party to acknowledge and comply with this provision. 4.37 CONFIDENTIAL INFORMATION 4.37.1 Any information obtained in the course of performing this contract may include information that is proprietary or confidential to the County. This provision establishes the contractor’s obligation regarding such information. 4.37.2 Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. Contractor’s procedures and controls, at a minimum, must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the contract, the County determines that the procedures and controls in place are not adequate, the contractor shall institute any new and/or additional measures requested by the County within 15 business days of the written request to do so. 4.37.3 Any requests to the contractor for County proprietary or confidential information shall be referred to the County for review and approval, prior to any dissemination. 4.38 PUBLIC RECORDS Under Arizona law, all offers submitted and opened are public records and must be retained by the records manager at the Maricopa County Office of Procurement Services. Offers shall be open to public inspection and copying after contract award and execution, except for such offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an offeror believes that information in its offer or any resulting contract should not be released in response to a public record SERIAL 220122-S request, under Arizona law, the offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The records manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 4.39 INTEGRATION This contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, expressed, or implied. 4.40 UNIFORM ADMINISTRATIVE REQUIREMENTS By entering into this contract, the contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, Part 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 4.41 GOVERNING LAW This contract shall be governed by the laws of the State of Arizona. Venue for any actions or lawsuits involving this contract will be in Maricopa County Superior Court, Phoenix, Arizona. 4.42 ORDER OF PRECEDENCE In the event of a conflict in the provisions of this contract and contractor’s license agreement, if applicable, the terms of this contract shall prevail. SERIAL 220122-S SERIAL 220122-S ITEM 9. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 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: 1) Approving Additional funding for Capital Improvement Projects D6062 - Grande & Rosita Drainage Channel & D6063 - Deuce Court Drainage Improvements. 2) Approving the Third Amendment to Professional Services Agreement 2021-039 with NFRA, Inc. for Engineering Design Services. Staff Summary (Background) On October 4, 2022, staff presented three different items for Council consideration and approval:  Approval of an Intergovernmental Agreement (IGA) with the Flood Control District of Maricopa County (FCDMC) for design and construction of drainage improvements at the Grande Boulevard/Rosita Drive Drainage Channel. 1. Approval of an Intergovernmental Agreement (IGA) with the Flood Control District of Maricopa County (FCDMC) for design and construction of a catch basin and drainpipe on Deuce Court. 2. Approval of Professional Services Agreement 2021-039 with NFRA, Inc. for Engineering Design Services related to the previously presented two Intergovernmental Agreements (IGA’s) with the Flood Control District.The council directed the Town 3. Approval of all three items was granted as the council stated that the projects were a high priority due to private property flooding and damage. Council further directed the Manager to work with staff to expedite the design process and make every effort to complete the projects before the 2023 monsoon season. When preparing the grant applications for submittal to the Flood Control District, staff relied on Best Practices for Construction Estimating. Project estimation is an important aspect of project planning, which consists of a quantitative estimate of project costs, resources, and duration. However, it is not exact as it can be difficult to pinpoint the accuracy of time, effort, and costs. As the design process for the two drainage improvement projects was underway, material and labor prices continued to rise above and beyond the funding amount staff had included in the original construction estimates as an inflationary factor. The results of the price increases are shown and described in more detail below.  Per grant guidelines, if the actual project cost exceeds the Flood Control District's grant allocation, the grant amount will also increase as appropriate, while maintaining the 75% / 25% contribution match up to $500,000 for each project.   Grande Rosita Project: Staff originally estimated the design and construction for the Grande/Rosita project at $290,000. The bids received, and design cost totaled $334,416.86, for a difference of $44,416.86. A summary of the original FCDMC Grant and Town share for this project is summarized below:    Estimated TOTAL Project Cost $290,000     Revised Project TOTAL $334,416.86 Total Estimated Town Funds $72,500  Town's match @ 25%$83,604.22 Total FCDMC Grant Funds $217,500  FCDMC Funds  @ 75%$250,812.64 Deuce Court Project: Staff originally estimated design and construction for the Deuce Court project at $95,000. The bids received, and design cost totaled $128,467.60 for a difference of $33,467.60 A summary of the original FCDMC Grant and Town share for this project is summarized below:    DESIGN:  CONSTRUCTION:  FCDMC Funds @ 75%$11,250   FCDMC Funds @ 75%$60,000 Town's match @ 25%$3,750  Town's match @ 25%$20,000 Subtotal - Design $15,000  Subtotal - Construction $80,000    Estimated TOTAL Project Cost $95,000  Revised Project TOTAL $128,467.60 Total Estimated Town Funds $23,750  Town's Match @ 25%$32,116.90 Total FCDMC Grant Funds $71,250  FCDMC Funds @ 75%$96,350.70 The design phase of both projects is completed. Staff has proceeded to the next step in the process and solicited construction cost proposals from two of the Town’s Job Order Contract (JOC) Contractors. Staff is also requesting a 15% owners’ allowance for both projects to cover any additional issues that may arise during construction, for a project total (for both projects) of $532,317.13 of which the town will be reimbursed 75% via the FCDMC grant, shown below. The two Capital Projects currently have a combined budget allocation in the amount of $385,000, per original estimates. Staff is requesting additional budget authority in the amount of $147,317.12 to construct the projects.    Projects in Total $532,317.13 Town's Match @ 25%$133,079.28 FCDMC Funds @ 75%$399,237.84 The final item on the October 4, 2022, agenda was an amendment to Professional Services Agreement 2021-039 with NFRA, Inc. for Engineering Design Services in the amount of $59,205 related to the previously presented two Intergovernmental Agreements. Due to unforeseen issues related to utility conflicts and the necessity to have the engineering firm prepare post design construction as-builts for the Flood Control District to ensure compliance with record keeping requirements, staff is requesting an amendment to Professional Services Agreement 2021-039 with NFRA, Inc. for post design Engineering Services in the Amount of $13,444.00. Related Ordinance, Policy or Guiding Principle This design and construction directly relates to the Public Works Mission Statement. Risk Analysis Failure to approve additional funding for the Capital Improvements Projects and the amendment to professional services contract funding will result in further drainage-related property damage, could jeopardize future Grant opportunities with the Flood Control District of Maricopa County. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) 1) Approving Additional funding for Capital Improvement Projects D6062 & D6063  2) Approving the Third Amendment to Professional Services Agreement 2021-039 with NFRA, Inc. for Engineering Design Services. SUGGESTED MOTION MOVE to Approve 1) Additional funding for Capital Improvement Projects D6062 & D6063 in the amount of $147,317.12 and associated budget transfers 2) Approving the Third Amendment to Professional Services Agreement 2021-039 with NFRA, Inc. for Engineering Design Services in the amount of $13,444.00 Fiscal Impact Fiscal Impact:$532,317.13 Budget Reference:N/A Funding Source:Capital Projects If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Caurme Scope and Fee  Vincon Scope and Fee  NFRA Scope & Fee  Vincon Scope and Fee  Professional Services Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 04/20/2023 04:59 PM Finance Director David Pock 04/20/2023 05:04 PM Town Attorney Aaron D. Arnson 04/21/2023 08:47 AM Interim Town Manager Rachael Goodwin 04/24/2023 02:22 PM Public Works Director (Originator)Justin Weldy 04/25/2023 05:01 PM Finance Director David Pock 04/25/2023 05:35 PM Town Attorney Linda Mendenhall 04/26/2023 07:52 AM Interim Town Manager Rachael Goodwin 04/26/2023 12:47 PM Form Started By: Justin Weldy Started On: 04/14/2023 07:10 AM Final Approval Date: 04/26/2023  PROPOSAL & CONTRACT BID LABOR AND MATERIAL FOR: DEUCE COURT DRAINAGE THANK YOU FOR GIVING US THIS OPPORTUNITY TO BID YOUR JOB DATE: 4-17-2023 34TH YEAR ANNIVERSARY TO: TOFH LICENSE: ROC A264505 FROM: CARUME CONTRACTING QUALITY CONSTRUCTION L.L.C. P.O. BOX 17297 FOUNTAIN HILLS, AZ. 85269 PHONE NUMBER: 480-837-9190 E-MAIL: 32deltamike@msn.com / travis.carume@gmail.com JOB DESCRIPTION: QUANTITY UNITS DESCRIPTION UNIT PRICE TOTAL DEUCE COURT DRAINAGE 1 LS DEMO AC/ CATCH BASIN AND CURB PER PLAN 1 LS REALINEMENT FOR COX 1 L S REMOVE AND REINSTALL RIVER ROCK 1 LS REMOVE AND REINSTALL GATE I LS DIG AND INSTALL 18" HDPE WATER TIGHT DRAIN PIPE 1 LS INSTALL MANHOLE OVER 24" HDPE DRAIN PIPE AND TIE-IN 1 LS BCKFILL AND COMPACT 1 LS REPAVE TRENCH IN STREET 1 LS INCASE SEWER SERVICE SUBTOTAL 92,000.00$ TAX 0.0598$ 5,501.60$ 97,501.60$ EXCLUDES: SALES TAX ROCK AND / OR CALICHE EXCAVATION( RIPPING, JACK HAMMERING, BLASTING, ECT.) ADD $2500.00 FOR EACH EXTRA MOVE-IN ( MOBILIZATION ) IF REQUIRED DO TO STOP WORK ORDER ANY BOND COST SALES TAX WILL BE ADDED UNLESS LEGAL PROOF OF ARIZONA SALE TAX EXEMPTION THIS PROPOSAL MUST BE SIGNED BY GENERAL, DEVELOPER, AND THE HOME OWNER SIGNATURES: GENERAL CONTRACTOR____________________________DEVELOPER______________________________ OWNER__________________________________ Bid No.:Date: 4/19/2023 Street:Job Name: City, State & Zip Code:Job Address: Item Unit QTY Unit $ 1 LS 1 2,500.00$ 2 EA 2 7,500.00$ 3 LF 70 45.00$ 1. Unforeseen Conditions 2. Testing, Inspections and Survey. 3. Permits, Fees and Traffic Control 4. Any item not specifically included on this proposal. Submitted by:Vincon Engineering Construction, LLC. Acceptance of Proposal: Authorized Signature:Troy Colby Authorized Signature: This proposal may be withdrawn if not accepted within 30 days. $3,150.00 $15,000.00 $20,650.00 $21,884.87 Exclusions: We propose hereby to furnish material and labor complete in accordance with above specifications, for the above specified amount. All material is guaranteed to be as specified. All work to be complete in a workmanlike manner according to standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance. General Engineering Construction 1831 N Rochester Mesa, AZ 85205 Phone: 480-833-8527 Fax: 480-833-8617 Inclusions: Labor, Equipment and Materials TOTAL Proposal Proposal Submitted to: Town of Fountain Hills $1,234.87 Sub Total Sales Tax Construct Misc Curb Types Vertical, Wedge and Transition $2,500.00 Deuce Court Description Amount Construct Curb Opening Catch Basin Type "A" MAG 530 Mobilization/Demobilization NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm April 19, 2023 Justin T. Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: Town of Fountain Hills Grande - Rosita and Deuce Court Drainage Improvements Scope of Work and Fee Proposal – CO #1 Dear Mr. Weldy, NFra Inc. is pleased to provide this change order proposal to revise the plans based on our pre- construction meeting and to provide post design services. It is our understanding that construction staking by Consultant Registered Surveying (CRS) will be by separate contract between the Town and CRS. NFra’s fee for professional civil engineering design services for the work as described above will be for the total amount of $13,444.00. We are looking forward to continue working with the Town of Fountain Hills on this project. If you have any questions, please feel free to contact me at (602) 443-6066 or rweyrauch@nfrainc.us. Sincerely, Randy Weyrauch, P.E. Project Manager L:\Project Management\Fountain Hills\Grande-Rosita\Submittal 041923\Fountain Hills Grande-Rosita_Deuce Ltr 041923.doc NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm Page 1 of 2 CLIENT: TOWN OF FOUNTAIN HILLS PROJECT LOCATION: GRANDE BOULEVARD AND ROSITA DRIVE PROJECT LOCATION: DEUCE COURT PROJECT NAME: GRANDE BLVD – ROSITA DRIVE DRAINAGE IMPROVEMENTS DEUCE COURT DRAINAGE IMPROVEMENTS SCOPE OF WORK – DESIGN PHASE – CHANGE ORDER #1 A. PROJECT UNDERSTANDING Per the outcome of the pre-construction meeting on April 17, 2023, the Town of Fountain Hills has requested plan revisions at both project sites and NFra will provide post design services. B. DESIGN TASKS Grande – Rosita: NFra will revise the channel design to provide curb return inlet and outlet to the concrete channel instead of the original proposed scuppers. Removable bollards will be installed to allow access for the Town’s maintenance crews to maintain the channel. NFra will also include two-four inch conduits for utility companies use in relocating their facilities at both ends of the channel. Deuce Court: NFra will revise the storm drain profile to avoid the sanitary sewer service line that was identified during the pre-construction field meeting. Revisions will be based on the outcome of the potholing investigations being completed by the Town. Submittals: NFra will revise the plans and resubmit final plans to the Town for construction. Submittal will include revised quantities and construction cost estimates. C. POST DESIGN SERVICES Construction observations will be provided by NFra with the intent of rendering professional opinions regarding the quality of the completed construction strictly related to NFra’s design scope of work for the project. This task should not be construed to warrant the work of any contractor. One representative from NFra will attend the kickoff meeting with the Town and Contractor to discuss the design plans and proposed construction activities. Meeting is anticipated to be three hours in length. One representative from NFra will attend a construction meeting at the project site to discuss and resolve any conflicts. Preparation and meeting attendance is anticipated to be three hours in length. NFra Inc. 77 East Thomas Road, Suite 200; Phoenix, Arizona 85012 • 602.277.0967 • Fax: 602.277.5937 a transportation engineering firm Page 2 of 2 NFra will review and respond to shop drawing submittals to ensure materials satisfy design requirements. Submittals anticipated include:  Concrete Mixes  Asphalt Mixes  Aggregate Base Course  Rock Riprap  Catch Basins  HDPE Pipe  Manhole  Bollards NFra will review and respond to request for information (RFI’s) that are related to NFra’s design plans. NFra will attend a project walk thru and provide a punch list of items that the contractor needs to address to comply with the design documents. Record drawings will be prepared for both project sites. D. ASSUMPTIONS 1. Construction staking will be provided by others. 2. NFra is not responsible for construction testing or inspections, including material testing. 3. NFra is not required to be on-site on a daily basis. If requested, NFra will attend the project site to resolve construction conflicts, one meeting is anticipated. 4. Permitting, permitting fees, review fees, or other post design related fees are not included in NFra’s scope of work or expenses 5. Record drawings will be in pdf format and submitted electronically. E. COMPENSATION Compensation will be on a not to exceed basis: Design Service Fee: $13,444.00 Attachment A NFra Inc. Client: Town of Fountain Hills Project: Grande Boulevard - Rosita Drive - Deuce Court Drainage Improvements Design Cost Proposal - CO #1 ESTIMATED DIRECT LABOR (GRANDE-ROSITA-DEUCE DRAINAGE) Estimated Avg. Hourly Labor Classification Labor Hours Rate Cost Project Manager 16 $200.00 $3,200 Senior Project Engineer 48 $175.00 $8,400 Designer / Technician 14 $123.00 $1,722 78 Total Estimated Labor $13,322 ESTIMATED DIRECT EXPENSES Mileage - 3 Trips at 65 Miles x 0.625 $122 Total Estimate Expenses $122 ESTIMATED SUBCONSULTANT DIRECT LABOR & EXPENSES SUBTOTAL SUBCONSULTANTS $0 TOTAL ESTIMATED COST $13,444 4/19/2023 CONSULTANT SIGNATURE DATE FIGURES ROUNDED TO THE NEAREST DOLLAR 4/19/2023 Attachment A NFra Inc. Client: Town of Fountain Hills Project: Grande - Rosita - Deuce Drainage Improvements Design Cost Proposal - CO #1 Town of Fountain Hills: Grande Blvd - Rosita Drive - Deuce CourtTOTAL HOURS Design Plans Revise Deuce Court Storm Drain Plan and Profile Sheets 14 2 8 4 Revise Grande - Rosita Channel Plan and Profile Sheets 14 2 8 4 Quantities and Cost Estimates 4 1 3 0 Subtotal Design Plans 32 5 19 8 Post Design Services General Administration 5 5 0 0 Kickoff Meeting 3030 Site Meeting 3030 Shop Drawing Reviews (8+/- Submittals) 16 4 12 0 RFI Reviews 8260 Project Walk Thru 3 0 3 0 Record Drawings 8 0 2 6 Subtotal Post Design Services 46 11 29 6 TOTAL FOR GRANDE - ROSITA - DEUCE 78 16 48 14 Project Manager Senior Engineer Designer / Technician 4/19/2023 Bid No.:Date: 3/24/2023 Street:Job Name: City, State & Zip Code:Job Address: Item Unit QTY Unit $ 1 LS 1 20,000.00$ 2 LS 1 10,000.00$ 3 LS 1 24,880.00$ 4 SY 20 65.00$ 5 SF 193 10.00$ 6 LF 25 42.00$ 7 LF 41 12.00$ 8 LF 36 10.00$ 9 SY 16 85.00$ 10 SY 16 300.00$ 11 LF 64 42.00$ 12 SF 12 20.00$ 13 EA 2 7,980.00$ 14 SF 2177 61.00$ 15 SF 197 72.00$ 16 LF 480 110.00$ 17 LS 1 5,000.00$ 1. Unforeseen Conditions 2. Testing, Inspections and Survey. 3. Permits, Fees and Traffic Control 4. Any item not specifically included on this proposal. Submitted by:Vincon Engineering Construction, LLC. Acceptance of Proposal: Authorized Signature:Troy Colby Authorized Signature: This proposal may be withdrawn if not accepted within 30 days. Remove Existing Curb and Gutter Earthwork for Concrete Channel $20,000.00 Grande Blvd - Rosita Drive Drainage Improvements Description Amount Clear and Grub Channel Exclusions: We propose hereby to furnish material and labor complete in accordance with above specifications, for the above specified amount. All material is guaranteed to be as specified. All work to be complete in a workmanlike manner according to standard practices. Any alteration or deviation from above specification involving extra costs will be executed only upon written orders and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Worker's Compensation Insurance. General Engineering Construction 1831 N Rochester Mesa, AZ 85205 Phone: 480-833-8527 Fax: 480-833-8617 Inclusions: Labor, Equipment and Materials TOTAL Proposal Proposal Submitted to: Town of Fountain Hills $17,332.49 Sub Total Sales Tax Mobilization/Demobilization 3" Asphalt Concrete on 6" ABC Install Vertical Curb and Gutter $289,841.00 $307,173.49 Concrete Scupper Spillway, MAG DTL 206, Modified to 8.5 ft with 1.5 ft Edge Curb Both Sides per Detail and Embedded Rip Rap Safety Rail, Height = 3'-6" per MAG DTL 145, Type 3 No Paint Traffic Control $14,184.00 $52,800.00 $5,000.00 Subgrade Prep $24,880.00 $1,360.00 $10,000.00 Remove Existing Asphalt Paving and Base Material Install Concrete Driveway, Match Exisitng Thickness Install Scupper per MAG DTL 206, Curb Opening 8.5' Concrete Scupper Spillway, MAG DTL 206, Modified to 8.5 ft with 1.5 ft Edge Curb Both Sides per Detail $1,300.00 $1,930.00 $1,050.00 $492.00 $360.00 $4,800.00 $2,688.00 $240.00 $15,960.00 $132,797.00 Remove Existing Single Curb Remove Existing Wood Header/2" HDPE Pipe Remove Existing Sidewalk, Driveway or Slab 1 Contract No. 2021-039.2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND NFRA, INC. THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Second Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and NFRA, Inc., a(n) Arizona corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated March 22, 2021 (and Amended via Amendment No. 1, dated October 10, 2022), for the Consultant to provide civil engineering services, including, but not limited to, civil engineering plans, specifications, construction details and/or construction documents, and engineering estimates. (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 add additional services. C. The Town and the Consultant desire to enter this Second Amendment (i) to reflect the additional services as in Exhibit D, as attached, and (ii) provide for compensation for the 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 $93,376 for the Services, resulting in an increase of $13,444. 2. Exhibit D, as attached, is hereby incorporated by this reference. 2 3. 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. 4. Non-Default. By executing this Second 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 Second 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 Second Amendment are forever waived. 5. 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. 6. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents from any claims or causes of action relating to the Town’s action based upon reliance upon this representation, including the payment of all costs and attorney fees incurred by the Town in defending such as action. 7. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] ITEM 9. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/02/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: 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 14  Legislative Bulletin - Issue 14  Legislative Bulletin - Issue 15  Form Review Form Started By: Linda Mendenhall Started On: 04/24/2023 11:36 AM Final Approval Date: 04/24/2023  Legislative Bulletin: Today is the 99th day of the 2023 legislative session. A total of 1,632 bills, memorials and resolutions have been introduced, with 101 bills transmitted to the governor, 53 signed into law and 48 vetoed. The Legislature is adjourned until Tuesday, April 25th, although budget discussions between lawmakers, the governor and stakeholders will be underway over the respite. The Finance Advisory Committee also met on Thursday to provide an update on state finances. House Votes to Expel Liz Harris On Wednesday, the House passed a resolution to expel Representative Liz Harris (R-Chandler). HR2003 (Liz Harris; expulsion) was approved by a vote of 46-13-1. The resolution cited disorderly conduct and violation of the chamber’s order and decorum as the primary reasons for expulsion. This action was precipitated by an incident involving then-Representative Liz Harris, who extended an invitation to Jacqueline Breger to testify before the House and Senate Special Joint Elections Committee. During the testimony, Breger AZ League Legislative Bulletin - Issue 14 - April 17, 2023 presented allegations of money laundering, drug trafficking, public corruption, bribery of public officials and election fraud. The current composition of the Senate includes 16 Republicans and 14 Democrats, while the House consists of 30 Republicans and 29 Democrats following the passage of HR2003. As the House is one seat short of a Republican majority, advancing legislation along party lines presents a noteworthy challenge until the vacant seat is filled by a newly appointed member. Finance Advisory Committee The Finance Advisory Committee (FAC) discussed the state’s financial outlook on Thursday. Topics addressed minimal changes to revenues, including carryforward resources, year-over-year through April at approximately $18.12 billion, decreasing to $18.09 billion in FY 2024. Additionally, cash balances are projected to remain constant at $2.5 billion through FY 2024, decreasing to $48 million in FY 2025 and increasing to $663 million in FY 2026. Revenues and expenses are mostly aligned in FY 2025 at $16.27 billion and $16.22 billion, respectively. See FAC presentation materials here Prop 400 Extensions The Finance Advisory Committee (FAC) discussed the state’s financial outlook on Thursday. Meeting highlights noted minimal changes to revenues, including carryforward resources, year-over-year through April at approximately $18.12 billion, decreasing to $18.09 billion in FY 2024. Cash balances are projected to remain constant at $2.5 billion through FY 2024, decreasing to $48 million in FY 2025 and increasing to $663 million in FY 2026. Revenues and expenses are mostly aligned in FY 2025 at $16.27 billion and $16.22 billion, respectively. Prop 400 Extensions Prop 400, otherwise known as a transportation excise tax, authorized a .5-cent sales tax within Maricopa County in 2004 and is set to expire by Jan.1, 2026. However, state lawmakers are debating measures that would extend Prop 400. The tax is levied to support funding for transportation projects selected and approved by the Regional Planning Agency’s Transportation Policy Committee over a 20-year timeframe. The Maricopa Association of Governments or MAG is the designated Metropolitan Planning Organization serving as the regional planning and policy agency for the greater Maricopa area. One measure is a strike-everything amendment to SB1246 (S/E: election; transportation tax; Maricopa County) sponsored by Representative David Cook (R-Globe). The strike-everything amendment was approved by the House Government Committee on March 16th (7-4-0) and heard in House Majority and Minority Caucuses. It is now eligible for Committee of the Whole (COW). The other measure is SB1102 (S/E: transportation excise tax; Maricopa County) sponsored by Representative David Livingston (R-Peoria). The strike-everything amendment was approved by the House Appropriations Committee (8-6-1) on April 3rd. Table 1. Side-by-Side of Prop 400 Extension Bills shows bill provisions present in one or both Prop 400 extension proposals. Bill Updates SB1131 (S/E: residential leases; municipal tax exemption) was retained on the House Committee of the Whole (COW) calendar on Monday. HB2019 (licensing; permitting; criteria; clarity) sponsored by Representative Travis Grantham (R-Gilbert) was transmitted to the governor on Thursday. HB2547 (zoning ordinances; property rights; costs) sponsored by House Speaker Ben Toma (R-Peoria) was transmitted to the governor on Thursday. HB2484 (failure to return vehicle) sponsored by Representative Kevin Payne (R- Glendale) was approved by Senate on Third Read (25-3-0) on Thursday. HB2288 (roundabouts; right-of-way; large vehicles) sponsored by Representative David Cook (R-Globe) was approved by Senate on Third Read (27-0-0) on Thursday. HB2377 (public officers; lobbying; prohibition) sponsored by House Majority Leader Leo Biasiucci (R-Lake Havasu City) was approved by the Senate on Third Read (16-13-0) on Wednesday. 2023 Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: April Friday 4/14 – last day for conference committees Tuesday 4/18 – 100th day of session Legislative Staff You can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Jonathon Bates, Legislative Analyst: jbates@azleague.org Michael Jones, Legislative Intern: legisintern@azleague.org #Keepup with us on Twitter. Keep up with the issues and events. Legislative Bill Monitoring All bills being actively monitored by the League can be found by clicking the link below. League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org CLICK HERE Legislative Bill Monitoring No longer want to receive these emails? Unsubscribe. Legislative Bulletin: Today marks the 106th day of the 2023 legislative session. A total of 1,632 bills, memorials and resolutions have been introduced. Out of these, 156 have been transmitted to the governor. So far, 93 have been signed into law, while 63 have been vetoed by the governor. Budget discussions are underway, and a final agreement has yet to be announced by legislative leadership or the governor. Potential Veto Override of HB2509 (food preparation; sale; cottage food) HB2509 (food preparation; sale; cottage food) sponsored by Representative Travis Grantham (R-Gilbert) was approved by the Senate on April 5th (26-4-0) and by the House on April 13th (45-11-4). However, the governor vetoed the legislation on Tuesday. The legislature could potentially override the governor’s veto of the erstwhile “tamale bill” once they reconvene tomorrow. An override requires at least a two-thirds vote in each chamber or at least 40 votes in the House and 20 votes in the Senate. The bill would have expanded the definition of “cottage food product” by allowing AZ League Legislative Bulletin - Issue - April 24, 2023 citizens to produce foods for sale out of their home kitchens. Under the bill, a “cottage food product” was defined as food prepared in a home kitchen by a registered individual with the Arizona Department of Health Services. Cottage food products do not include alcoholic beverages, unpasteurized milk, or foods containing alcoholic beverages, fish and shellfish products, meat, meat byproducts, poultry or poultry byproducts, unless allowed by federal law. The exceptions include poultry or poultry byproducts under the 1,000-bird exemption, poultry or poultry byproducts from inspected sources, and meat or meat byproducts from inspected sources. Additionally, the provisions would have addressed labeling and certification requirements. The legislation also would have established guidelines for maintaining the safety of potentially hazardous products, such as temperature control and approved ingredient sourcing. Legislative District Vacancies Two vacant seats are currently available in the legislature, specifically in Senate Legislative District 26 and House Legislative District 13. Precinct committee members from each district have submitted three candidate names to the Maricopa County Board of Supervisors. The candidates for each district include: Senate Legislative District 26 1. Representative Cesar Aguilar (D-Phoenix) 2. Representative Flavio Bravo (D-Phoenix) 3. Quant'a Crews According to Capitol Media Services, Quant'a Crews secured the highest number of votes, receiving 25. Rep. Aguilar followed with 20 votes, and Rep. Bravo obtained 16 votes. House Legislative District 13 1. Former Representative Liz Harris (R-Chandler) 2. Julie Willoughby 3. Steve Steele 2023 Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: April Friday 4/14 – last day for conference committees Tuesday 4/18 – 100th day of session Legislative Staff You can contact our legislative division at (602) 258-5786 or email using the information below: Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Jonathon Bates, Legislative Analyst: jbates@azleague.org Michael Jones, Legislative Intern: legisintern@azleague.org #Keepup with us on Twitter. Keep up with the issues and events. Legislative Bill Monitoring All bills being actively monitored by the League can be found by clicking the link below. League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. CLICK HERE Legislative Bill Monitoring