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HomeMy WebLinkAboutAGENDApacket__10-03-23_0110_519       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Sharron Grzybowski Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, OCTOBER 3, 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 October 3, 2023 2     NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).        1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.INVOCATION - Pastor Keith Pavia, Christ's Church of Fountain Hills     3.ROLL CALL – Mayor Dickey     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.PROCLAMATION: Designation of October 2023, as Domestic Violence Awareness Month.    B.PROCLAMATION: Designation of October 15 - 21, 2023, as Arizona Cities & Towns Week.    C.PROCLAMATION: Designation of October 8 - 14, 2023, as Fire Prevention Week.    6.PRESENTATIONS     A.Presentation and update from the Fountain Hills Youth Substance Abuse Prevention Coalition Executive Director Tammy Bell.     B.Presentation on the Town of Fountain Hills Emergency Response Plan.    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.     Town Council Regular Meeting of October 3, 2023 3   8.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of September 6, 2023.     B.CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Chamber of Commerce for a wine walk in conjunction with the Wine Walk Series, Presented by The Avenue Merchants Association (TAMA) on October 13, 2023.     C.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2023-31, An Intergovernmental Agreement With Salt River Pima Maricopa Indian Community for receipt of Prop 202 funding.     D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-29, abandoning 10' Public Utility and Drainage Easements along the east and south sides of 15483 E Cavern Drive (Application A23-000009).     E.CONSIDERATION AND POSSIBLE ACTION: Final Plat for Eagles Nest Parcel 2, a subdivision containing 40 single-family lots and one tract in the R1-43 zoning district.     9.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Approval of a Memorandum of Understanding with the Fountain Hills Youth Substance Abuse Prevention Coalition for the annual distribution of Opioid Settlement Funds for the education and prevention of drug abuse in the town's youth.      B.CONSIDERATION AND POSSIBLE ACTION: Approval of the recommendation for the appointment of a Youth Commissioner to the Community Services Advisory Commission.      C.CONSIDERATION AND POSSIBLE ACTION: Extension of a Special Use Permit for residential use in the C-C, Common Commercial, Zoning District at 15006 N. Ivory Dr., case SUP22-000001.     D.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: SPECIAL USE PERMIT   Town Council Regular Meeting of October 3, 2023 4   D.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: SPECIAL USE PERMIT request to allow 16 beds at a home for the aged on a 0.37-acre parcel located at the northeast corner of Palisades Blvd. and Westby Drive (16602 E. Palisades Blvd.: APN 176-05-993) in the R-3 Multifamily Zoning District. SUP23-000002.     E.CONSIDERATION AND POSSIBLE ACTION: Approving the Second Amendment to Professional Services Agreement 2023-033 with Kimley-Horn and Associates, Inc. for the design of intersection improvements at Palisades Boulevard and Fountain Hills Boulevard.     F.CONSIDERATION AND POSSIBLE ACTION: Approval of First Amendment to Cooperative purchasing agreement 2023-026 with Interwest Safety Supply for signs and sign hardware     G.CONSIDERATION AND POSSIBLE ACTION: Approval of an Employment Agreement between the Town of Fountain Hills and Rachael Goodwin for the position of Town Manager.     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.     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. On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating. Town Council Regular Meeting of October 3, 2023 5   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of October 2023, as Domestic Violence Awareness Month. Staff Summary (Background) Mayor Dickey will proclaim October 2023, as Domestic Violence Awareness Month. Attachments Proclamation - October as Domestic Violence Awareness Month  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/25/2023 09:02 PM Finance Director David Pock 09/26/2023 06:14 AM Finance Director David Pock 09/26/2023 06:14 AM Town Attorney Linda Mendenhall 09/26/2023 07:34 AM Interim Town Manager Rachael Goodwin 09/26/2023 08:07 AM Form Started By: Angela Padgett-Espiritu Started On: 09/25/2023 03:48 PM Final Approval Date: 09/26/2023  ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of October 15 - 21, 2023, as Arizona Cities & Towns Week. Staff Summary (Background) Mayor Dickey will proclaim October 15 - 21, 2023, as Arizona Cities & Towns Week. Attachments Proclamation Arizona Cities & Towns Week  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/25/2023 09:02 PM Finance Director David Pock 09/26/2023 06:14 AM Finance Director David Pock 09/26/2023 06:14 AM Town Attorney Linda Mendenhall 09/26/2023 07:34 AM Interim Town Manager Rachael Goodwin 09/26/2023 08:07 AM Form Started By: Angela Padgett-Espiritu Started On: 09/25/2023 03:43 PM Final Approval Date: 09/26/2023  ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Designation of October 8 - 14, 2023, as Fire Prevention Week. Staff Summary (Background) Mayor Dickey will be proclaiming October 8 - 14, 2023, as Fire Prevention Week. Attachments Proclamation - Fire Prevention Week 2023  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/13/2023 10:34 AM Finance Director David Pock 09/13/2023 11:13 AM Finance Director David Pock 09/13/2023 11:13 AM Town Attorney Aaron D. Arnson 09/13/2023 12:56 PM Interim Town Manager Rachael Goodwin 09/20/2023 02:32 PM Form Started By: Angela Padgett-Espiritu Started On: 09/13/2023 08:00 AM Final Approval Date: 09/20/2023  ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes for the Regular Meeting of September 6, 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 September 6, 2023. SUGGESTED MOTION MOVE to approve the minutes of the Regular Meeting of September 6, 2023, as presented.   Attachments Verbatim Transcript  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 09/21/2023 04:46 PM Clerk Linda Mendenhall 09/25/2023 09:24 AM Clerk Linda Mendenhall 09/25/2023 09:24 AM Finance Director David Pock 09/25/2023 09:26 AM Town Attorney Aaron D. Arnson 09/25/2023 11:39 AM Interim Town Manager Rachael Goodwin 09/25/2023 02:00 PM Form Started By: Linda Mendenhall Started On: 09/21/2023 04:41 PM Final Approval Date: 09/25/2023  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL September 6, 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 5:32 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Sharron Grzybowski; Councilmember Gerry Friedel; Councilmember Peggy McMahon; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Interim Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately fifty-one members of the public were present. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 1 of 69 Post-Production File Town of Fountain Hills Regular Meeting Minutes September 6, 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 SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 2 of 69 MAYOR DICKEY: Good evening, everyone. Please rise for the pledge and remain standing if you'd like 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. Is Steve Gay here? Fountain Hills resident, Democratic Club and airline pilot. Hi. GAY: Hello. Good evening. As always, I'd like to thank everybody here and at home for taking such an interest in making Fountain Hills an even brighter gem in our beloved corner of the Sonoran Desert. The term, "invocation", comes from a Latin word which means to summon or call upon. Invocations often call upon law makers to set a positive tone and put aside differences as they work together using facts, reason, and logic to resolve the issues before them. Seeing past big differences of opinion is a tall order, but if we can stop being this rigid person with fixed ideas about others, it's amazing how much they improve; sometimes almost instantly. Also keeping a gentle watch for sources of hidden kindness in others, lets us move more freely and kindly through life, perhaps even in town council meetings. Humor has rarely been used in invocations, starting way back with the Romans, maybe, because they were not particularly known for their sense of humor. However, there is evidence that humor can summon a relaxed, positive tone in a room. I mean, how many time do comedy shows end with people glaring at each other, right? So I'll close with some local humor to end on a light note. Many years ago, a woman from Fountain Hills called in to the Saturday NPR show. Wait, Wait, Wait, Don't Tell Me. When asked to say a little bit our town, she justifiably mentioned our beautiful desert scenery and, of course, the fountain. Which, she helpfully informed the nationwide audience was the world's tallest fountain, shooting water up to 500 feet into the air. Without missing a beat the host asked her, how do you guys drink out of that thing? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 3 of 69 Thank you for your time tonight. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Friedel? FRIEDEL: Here. MENDENHALL: Councilmember McMahon? MCMAHON: Here. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Here. MAYOR DICKEY: Thank you. We start, as always, with our -- oh, statement of participation. MENDENHALL: I was going to -- MAYOR DICKEY: I was right. MENDENHALL: -- I was going to display our new video but I can't access it. I'll see if I can still get to it. [Start of participation video] MENDENHALL: Hello and welcome to the Fountain Hills town council meeting. I am Linda Mendenhall, your town clerk here to give you an important message. 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. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 4 of 69 When your name is called please approach the podium, speak into the microphone and state your name for the public record. Please limit your comments to three minutes. It is the policy of the mayor and council to not comment on items brought forth under call to the public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council agenda. Thank you. [end of participation video] MENDENHALL: And what the call of this is, is really that when you walk in, starting at 5:15, I would have that on a loop. This is just to make it a little easier for those who have never approached council with request to comment and so forth. I hope you liked it. MCMAHON: It was awesome. MAYOR DICKEY: Thank you. So we'll now move to our reports by councilmembers, town manager, and mayor. Town manager? GOODWIN: Thank you. I just have two quick updates for our council as well as our public. One is, this Saturday we are going to be welcoming probably more than 3,000 high school students to Fountain Park. It is the annual cross-country race. We have it generally every September. It is the Fountain Hills High School host and we have schools from all of the state that come. Which means the park will be very, very busy this Saturday morning starting early. Probably arrival between 5 and 6 a.m. and then the run takes place. And they're done, usually, between 9 and 10 a.m. So it is an early morning. It is expected to be hot. Because we have so many runners, it also closes down Saguaro Boulevard along the park there between Paul Nordin and Parkview because we have parking for probably 50 to 60 buses in that area. So it will be busy but it will be a great event. It's fun to come out and watch if you're around on Saturday morning. Also I wanted to recognize that Monday is September 11th, it's Patriot's Day. And that TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 5 of 69 we're familiar with Patriot's Day as it recognizes the tragic events that occurred on September 11th, 2001. In honor of this the town will be lighting the fountain in red, white, and blue in honor of the lives that were lost as well as our appreciation for our first responders that serve our community every day. So you'll be seeing that Monday evening. With that, that's all my updates. MAYOR DICKEY: Thank you. TOTH: Thank you, Madam Mayor. I don't really have a report. I just want to say a thank you to Rachael and the town staff for that wonderful way of memorializing those who were lost in 9/11. MAYOR DICKEY: Vice mayor? GRZYBOWSKI: First thing I want to do is, I know we're probably all going to mention this. Last week was the annual Arizona League of Cities and Town conference. The point of it is, it gets a bunch of council people and town managers together, along with some of our state legislators. It's not necessarily political. It's about problems that we all have. All cities and towns have problems with vacancies. We all have problems with our roads. One of our newest commonalities with all the other cities and towns is the upcoming loss of the residential rental taxes. So we all went in looking for, hopefully, some city or town that has already talked about it and maybe trying to find out how they can backfill these funds that are going to be going away. So it's an annual conference that I have loved going to every year because of things like that. It's a great opportunity to find out what other cities and towns are doing and something that maybe we can try to pick up on. The other thing I wanted to talk about today was tomorrow morning I am attending the first of the Make a Difference Day planning meetings. And that's coming up on October 21st. If you would like to register to be a volunteer, you can do that on the town website. I believe we still have a couple of openings for clients, so if you have anybody that's a neighbor or a member of your church that may need to have some work done, have them contact Kim in community services. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 6 of 69 Thank you. FRIEDEL: Thank you, Mayor. A couple of things. October will be Domestic Violence Month and the town will recognize that month by turning our fountain lights purple on Wednesday nights and also they will shroud the town hall in purple as well, in recognition of that month. And like the vice mayor said, we were with a lot of elected officials down in Tucson, where we had different breakout sessions. We learned some things about bonds, how they're issued, why they're issued, different dollar amounts, water conservation and filtration, and other things like that. So it was worthwhile to attend some of those sessions. So we did find out some good information there. And public service announcements. So Saturday night the Four Peaks Rotary is having a community fundraising event for the Lahaina Maui, Hawaii, residents that were displaced by the fire and that sort of thing. So you can sign up online for that. It's a dinner actually, Saturday night from 5 to 7. And in lieu of that, if you want to make a donation, I'm sure they're taking donations as well. Did I miss anything on that, Rachael, do you think? GOODWIN: Did you want to -- FRIEDEL: Oh, yeah. Also -- GOODWIN: Show our support. FRIEDEL: -- the town, that night, also -- since pink is the color for Hawaii, we will be having the fountain turn pink that night in honor of those people in Hawaii. That's it, Mayor, thank you. MAYOR DICKEY: Thank you. MCMAHON: Good evening, everybody. I too attended the conference in Tucson and it was really great. I thought it was really wonderful to be able to reconnect with our colleagues in other cities and towns, listening to their concerns about their towns and what's going on. And realize that, basically, most cities and towns are facing the same things. So it was a good conference. We had a good time. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 7 of 69 Thanks. KALIVIANAKIS: Thank you, Ms. Mayor. Thanks everyone for coming tonight, out of your busy schedules to attend your town council meeting, at home and live streaming. Again, it's very important that the constituents keep an eye on their government. And I would like to first talk about the cities and towns conference, which I think is expected. It was a tremendous conference. It gave us a chance to talk to, again, the mayors, the council, the managers, state reps, about all the problems that are concerning all of our towns. And it's surprising how similar all the towns are. I also just got a chance to discuss is there any perfect town councils out there, and all the people I talked to said no, we're very flawed. And I said, oh, that's good to know because all of us here in the town council are doing the best that we can and we're doing the best job that we can. And that's kind of what the people and the consensus was, we're doing the best for our constituents. Do we see things differently? Do we have different policy disagreements? Certainly we do. But sometimes perfect is the enemy of the good. And if you did have a perfect town council, then once you elected a human being, it would not be perfect anymore because we're all flawed individuals. And so let's just try to work together for the betterment of our town. I had the pleasure to play the saxophone with the Desert Valley Winds band at the community center. Thank you, Ms. Mayor, for attending. It was a spectacular success. I had many standing ovations and we were asked to play there again, either during the Christmas holidays or possibly this spring. So I'll keep you posted on that. They expected around 50 people, we had 250 showed up. So thank you, Fountain Hills, for turning out. Last thing is, I did attend the lawyers luncheon this month, and the county attorney, Rachel Mitchell, was there. Just a fascinating woman. She gave us a brief on what's going on at the county level attorney. A few of the things that she covered, and I'll just cover very briefly. But they are providing immunity for their prosecution of drug use when somebody calls 911 and says my friend is dying. They're exempt from TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 8 of 69 prosecution. I think that's really good. Instead of them walking away because they don't want to get busted for drugs. Also, as a lifetime injunction against perpetrators, which would keep perpetrators from visiting their victims. I think that's really good law. Police sentencing enhancements for ambushing police; I think that's a wonderful law too. And then lastly, the expansion of the statute of limitations for DUI offenses involving a collision for death or serious harm. And so the statute of limitations was doubled on that, thankfully. So that's all I have today, thank you very much. And again, thanks for coming everybody. SKILLICORN: Thank you, Madam Mayor. Yes, we all attended the conference in Tucson and I won't go into that in any detail. But I also had the opportunity two weeks ago to do a sit-down seminar with members from the Cap the Central Arizona project. And also the ACC, Arizona Corporation Commission, talking about water. So it's fascinating and there was quite a bit of interplay between the states that surround us, but also Washington D.C. So it's not like Arizona can make its own plans. We have to come up with a compact agreement with the other states around us and then also, it has to be approved by people in Washington. So it is a complex process but it's coming in the next couple of years that this has to be finished up. So this is something that we're going to be hearing much, much more about. So thank you so much. MAYOR DICKEY: Thank you. Thanks a lot. At the League, I'm on the nominating committee for the executive -- the nominating subcommittee for the executive committee. And so there was a slate of members. They all wanted to remain in their spots and they were all voted in. As a member of the resolutions committee, the council had the opportunity to see what will be the next legislative agenda for the League. Three of them -- well, they all passed except one. Three of them were passed for that short-term rentals, which Scottsdale brought those forward and those are going to be real good for us too. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 9 of 69 One did not pass, though it had gotten forwarded to us by the policy committees, and that was to support equal rights for women. So that was an interesting conversation. So maybe next year we'll get equal rights for women. So I helped to prepare a summary. I have some information about some of the classes I got to go to and such. And September is -- so September is Ovarian Cancer Awareness Month. Please wear teal and stand in solidarity with the brave women fighting this disease and honor their mothers, sisters, daughters, wives, and friends who have been tragically lost. So keep that in mind, please. Our next item -- we don't have any presentations. So our next item is call to the public. Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. We're going to start out with a written comment. I know this item was last agenda, but it just came in today. So I'm not sure if they just want to continue to let us know their thoughts. But it's from Jennifer Brown regarding the donated towards construction materials and she's against it. And now for our request to comment. The first up, and Jeff Webb, you do want to speak in person? Okay, perfect. And then on deck is Chris Enos. WEBB: Hello. My name is Jeff Webb. I am a resident and a business owner on the Avenue of the Fountains. I met with most of you guys, except for one, and we gave you a presentation on improving the Avenue of the Fountains. We need to start looking at that. It's time. We're generating lots of income for the town and the Avenue is basically a stopover point for people to walk their dogs and then they leave. No one stays down there except for festivals. And it's trying to be everything for everybody and it's not doing anything. This is the nicest, most important boulevard in our town and we're just letting it sit there. We're not taking full advantage of it, and I think it's time that the city council starts to focus on this. And if it doesn't, then, I'm representing TAMA. I don't know if you know what TAMA is, but you haven't heard much from us because we're a new organization. We're The Avenue Merchants Association. But you're going to start TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 10 of 69 hearing a lot from us if stuff doesn't start happening down on the Avenue. And have some vision. It's time. Okay? Thank you. ENOS: Okay, guys. All right. So Tuesday's on a Wednesday this month, just so you didn't know. I thought I'd give the Madam Clerk the opportunity to pronounce my name again. So thank you very much. You did a great job. It's only four letters but it can be very hard. Last month I came and spoke with regard to public safety and more particularly the contract with regard to the sheriff's services. And you have very able counsel. I've talked with him. He's great counsel. Has a great reputation. But he is the town attorney and he's not specific to any one particular job outside of his town attorney functions. And respectfully, I suggest that you hire an individual with regard to this contract that will be specific to this particular negotiation. It's over $6 million a year as I understand it, unless I'm wrong. And you don't know exactly what's in it until somebody presents it to you. I don't know if it's been presented to the council yet. I think you have to identify needs as the policymakers in this town. You have to identify what didn't go well the last time. You have to be able to say what could we do better this time? You have to be able to account for enforcement of your local ordinances, and you have to create alternatives so that you can have some leverage in these negotiations. Make no mistake about it. You're in $6 million worth of negotiations. That's not an insubstantial sum. And it would behoove you, I believe in my humble opinion, to hire an attorney who does this for a living, separate and apart from your able counsel who has his own duties and is on salary, and/or another negotiator. And I would respectfully suggest that this be put on the agenda and that the town authorize the procurement of such an individual to assist in the negotiation of this before it's too late. You're already in September. You've got an expiration date on this thing. And worst thing to do would be putting a line at the last minute, say well, here it is. Take it or leave it. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 11 of 69 So I would respectfully suggest that you put that on a agenda and have it authorized to hire a separate and independent counsel who can assist in the negotiation for your town. MENDENHALL: Next we have Crystal Cavanaugh. And on deck Lori Troller. CAVANAUGH: Good evening. Crystal Cavanaugh, Fountain Hills resident. Since a pro-bond statement was made by the Mayor from the dais at the last meeting, essentially publicly supporting a tax hike on the citizens, I want to go on record as being against the $25 million school bond, plus interest, over a 15-year period as being fiscally irresponsible. Considering the current enrollment of 1,174 students, it's not clear how this dollar amount was determined or whether there was an in-depth assessment specific to our district. But there was no actual bond committee that was formed to be held accountable for this, who will provide the oversight. So this brings me to a related point, our sign ordinance. As a PAC, Reclaim Our Town tries very hard to operate within this convoluted, difficult-to-understand sign ordinance when placing our opposition signs. In January the whole sign ordinance was repealed but not replaced. In February an emergency council was called to reinstate the ordinance. But the enforcement of temporary signs was rightfully put on hold. But then, in June in the last vote before summer break, some of you surprisingly voted four to three to start up code enforcement for temporary signs, just in time to effect the special election period. This directly impacted our messaging regarding the bond measure in relation to size of signs and placement. Suddenly there seems to be new rules. Even though there is an important ballot measure, we're told there really isn't an election cycle, although there is a still a $40,000 special election taking place. Nothing has officially changed with the original ordinance as of yet, but locations that were acceptable for signs last fall are now, somehow, no longer acceptable this fall. Who decided that? And then last week, on the website, a new bold print line suddenly appeared in the ordinance saying that since there was no primary or general election, the state statutes for political signs did not apply. With no changes to the ordinance, why was this TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 12 of 69 message suddenly put on? And just as quickly removed from the website. Is the intention to discourage free speech for this ballot measure? Once again, this sign ordinance continues to bring inconsistent answers to our questions which is why it was such a hot topic when the candidates ran last year. So this has me asking, why has this issue not yet been put back on the agenda after there was a reconsideration request? Why not revert back to the hold on temporary sign code enforcement until a better written ordinance can be implemented? Thank you. TROLLER: Everybody. I was going to -- Linda, Rachael, Aaron, Mayor, council. For the record, I would love to do that. If I can get my presentations that way, I'll give you guys these videos, that would be great. Lori Troller, resident. My topic tonight is 5G, specifically the broadband ordinance. It's now a few days shy of two months since the town received a drafty ordinance from Attorney Campanelli. I would expect by now most of the remaining council work on the ordinance would be complete. In personal conversations with some of the councilmembers, that's not the case. Apparently, the councilmembers aren't even aware that the draft ordinance was provided to the town. My concern is this qualifies as a breach of the Pierce Coleman service contract with respect to responsiveness and in turn, is a violation of the constitution in the form of maladministration. At this point, with concern for lack of progress, I'm putting the town on notice that tomorrow I'm placing a FOIA request for the town to provide me and I'll provide it for the residence, billable hours that Aaron Arnson has charged the town related to this specific item. Thank you. MENDENHALL: Jerry Sheridan. SHERIDAN: Hello. My name is Jerry Sheridan and I live in Fort McDowell. But before that, I moved to Fountain Hills in 1976 and at one time, I had 50 -- over 50 family members that lived here. My daughters went to school here and my grandkids went to TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 13 of 69 school here. Besides that, in 1977 I began to police here as a deputy sheriff with the Maricopa County Sheriff's Office and I spent the next 40 years overseeing the sheriff's office, administration of law enforcement in this community. To say I have deep roots and a concern for the public safety of this town is an understatement. So now, I'm running for sheriff. And I saw on the video of the last council meeting with the discussion about the contract. Well, when I became the chief over the patrol bureau in 1995, I had the board of supervisors sign a contract, an agreement with the sheriff's office to support contract towns because I saw the need for the communities for good law enforcement at a good price. And the value it added to the sheriff's office and the outlying communities in a regional concept. That was very important to me and I continued through that until I retired in 2016. I'm standing here because your current sheriff doesn't understand that. He doesn't understand the need. And I can tell you if Jerry Sheridan was your sheriff today, you would not be having this problem, this negotiation, because the sheriff's contract would have been filled from the onset. There would never have been a problem. And if there was an issue, you wouldn't have to fight to get back that $3 million. Withholding that money back from you should not be an issue. This is a no-brainer. This is money that the sheriff's office didn't meet their contract and it certainly isn't the captain's problem because he didn't cause this. This is from downtown. And I know, because I was a chief, I was a deputy chief, and I was the chief deputy, and I know how this works. And I was involved in the contract. And I'd almost be happy to negotiate the contract for the town for free. Because I know all about it because I negotiated the contract from the other side of the table for many years. So with that, I thank you. And I know you can't answer but I'll be here after to be available to answer any questions you might have. Thank you. MENDENHALL: Mayor, that's it for public comment. MAYOR DICKEY: Thank you. Counsel, would you like to respond? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 14 of 69 ARNSON: I will respond, Mayor. And I appreciate the opportunity. You know the comments that have come as of late have been of the nature that they accuse town staff and accuse the town attorney's office of dereliction of duty, of maladministration in office, of violating codes of conduct and contract. And that's enough tonight. So we're going to walk through, if you don't mind, Mayor, some of the misstatements and uninformed statements that have come out tonight. With respect to the 5G ordinance, I sent an email to the council already, so you're presumably aware of this. We received that on July 11th. How Ms. Troller knows that is a mystery to me. But she was aware that we received that on July 11th. Mr. Campanelli advised the staff to take a look at his suggested changes and to offer any comments, questions, redlines in response. This is what we would do with any proposed work product that's provided to us. We did so. Director Wesley looked at it. My office looked at it. For your information, it is an extremely dense document. It's 50-pages long. And it's all telecommunication regulation information. We have questions. We posed those questions to Mr. Campanelli on or about August 28th or 29th, I'll have to go back to my email. We haven't heard back yet. So it's in process. Nothing was withheld from anybody or from the council. I understand that Ms. Troller may be upset about the fact that she hasn't received the draft. That's really neither here nor there. We don't provide working privileged drafts in response to public records requests. Nor are my bills matters of public record. They can see hours but we're not disclosing privileged information about what we have worked on. That will not happen. So that's with respect to that first issue. Are there any questions from the council with respect to that issue? Thank you. The next issue, maybe Rachael can speak to it if she wishes to. We -- certainly with respect to the MCSO contract -- understand that the public has strong feelings. We also understand that there's a desire to see more that's being given in negotiations than what apparently everyone believes we have received. I will happily advise the council on the possibility of retaining separate counsel. I will say, at this point, I'm not positive TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 15 of 69 how much further, how much more traction we're going to get in the process. But I'm happy to advise council of that. Rachael, did you have anything you wanted to follow up on with respect to that? Okay. Third, the staff has advised repeatedly regarding the sign ordinance. We have analyzed this issued upside down, inside and out. We have gotten back to the individuals who are involved with the question about the signs. The statute that they're referring to simply misreads how it applies. It doesn't apply when there's not a primary election. It says in 16.10.19 subsection H. You didn't hear about that. So I want to make sure that council's aware and clear that when you hear this information, and when this information comes to your attention, it's not something that staff has been derelict in duties. It's not something where staff has failed to respond. It's not something that we haven't looked into. Staff's not stupid. We're not idiots. And we have the opportunity now to be able to articulate for you, and we will from here on out, articulate exactly what the basis is for staff's decision, and it's ultimately up to the council whether to take that into consideration or not, do what you will with it. But we will not have our professional dignity impugned any longer with respect to these comments. That's all I have to say. MAYOR DICKEY: Thank you. And I appreciate that. Does anybody have any questions or anything? Councilwoman? KALIVIANAKIS: May I speak? MAYOR DICKEY: Um-hum. KALIVIANAKIS: Okay. Thank you. Aaron, I guess my question is when it comes to the Maricopa County Sheriff's Office, I've got two questions as far as retaining outside counsel. ARNSON: Yes. KALIVIANAKIS: One would be, would retaining outside counsel to address the overcharging that some people perceive has been done by Maricopa County to Fountain Hills? And then two, would we be requesting to get outside counsel to negotiate the TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 16 of 69 current contract that we're trying to nail down for future services? ARNSON: Mayor and councilmember, I don't know. We have not discussed the possibility of retaining outside counsel before. If that's something that the council wishes to consider doing, then council's certainly able to provide direction to staff to do that? Do you have any follow up on that, Rachael? GOODWIN: No. I echo what he said. At this point there's not been any direction to do so, to look into that potential, the cost involved, the timelines involved. As of the beginning of the calendar year, the direction was for town manager and the finance director to begin those negotiations, and that's what was done and that's what continued. And again, as we discussed last week or two weeks ago, a number of council have been part of that discussion and that's as far as it's gone. If there's interest in doing that, we can take that direction and look into that. But as of yet, that has not come up. MAYOR DICKEY: And Aaron, I don't know how far we can go with some of this, but the MCSO contract has been -- we've had many talks with MCSO. There's been deep involvement, professional involvement. Involvement with law enforcement helping us come up with what we want to bring forward. But this reaction to something that doesn't exist yet, we don't have the contract. So we are reacting or hearing that there's something wrong with the contract that we don't' have yet. We have been negotiating it and it should be on an agenda in, likely October. And as far as the other item, it's being stated, in a factual way, something that hasn't been determined to be factual. So we will move on from that. If people want to look at that later, we can do that. MCSO is a governmental entity, as we are, and we'll just stop right there with that. The sign ordinance was not asked to be reconsidered. And the sign ordinance is exactly like any temporary sign, just like we've said a million times, we cannot regulate signs on content. So that's where we kind of are still with that. And that's that. Do you want to say something to me? Do you need to say something? ARNSON: No. The only thing I wanted to add, Mayor, in response to what you said was two things. The first issue was with respect to the contract. I fully expect that the TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 17 of 69 council will have an opportunity to discuss that contract in executive session before it's presented for acceptance. So that would be a really good opportunity to have that conversation. The second thing that I would raise is, to correct the record somewhat, I believe there was a request for reconsideration of the sign ordinance but it was withdrawn. MAYOR DICKEY: Oh, I'm sorry. ARNSON: That's what I want to be clear. MAYOR DICKEY: It was nothing that -- we're not compelled to bring that back? ARNSON: No. MAYOR DICKEY: thank you. KALIVIANAKIS: Ms. Mayor, may I address that too? Thank you. The motion to reconsider the sign ordinance had nothing to do with temporary signs. It had to do with banners for our friends at the bachelor pad and had to do with A-frame signs and multiple entrances. Even if the motion to reconsider was heard, it would not have covered temporary signs. So I want to straighten out the record on that right now. MAYOR DICKEY: Thank you. FRIEDEL: Can I ask Aaron a question? MAYOR DICKEY: Yeah, sure. FRIEDEL: Aaron, would that discussion on that contract include -- and if this isn't the right place to bring it up, possible arbitration and other remedies for the town? ARNSON: So you can have it be as many agenda items as the council sees fit and as a we have time for. Certainly the negotiation itself is its own deal, prospectively, right? We're looking forward. If it's retroactive, then that's a whole different discussion we need to have. You can have it at the same time, but they are two factually distinct issues. So yes, we can agendize it both ways. FRIEDEL: And the other question I would have. It's possible that Matrix Consulting, who did the analysis of that contract on behalf of the town, that we hired them to do that, maybe they could represent us in negotiations as well? ARNSON: That's something we can certainly discuss. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 18 of 69 MAYOR DICKEY: Thank you, all. Our next item, our consent agenda items, unless you'd like to take something off, can I get a motion please? GRZYBOWSKI: Move to approve. SKILLICORN: Second. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MAYOR DICKEY: Mayor Dickey? MAYOR DICKEY: Aye. Thank you, all. Our first regular agenda item is about a cut and fill waiver request. Rachael? GOODWIN: It's okay. I'm going to hand it up to Farhad. He's going to give us an update and a little background on the item. TAVASSOLI: All right. Thank you, Madam Mayor. Thank you, Rachael. Members of the council. What you have before you is a cut/fill waiver request for a single family residential lot in Eagle Mountain. The exact address here on the screen. Now, the reason this is before you is not because of a zoning ordinance provision, but TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 19 of 69 because of a provision in the subdivision ordinance that states whenever you propose cut or fill on any one lot of more than ten feet, it requires town council approval. In this case and I'll make this a point of clarification to the staff report, the applicant is proposing 14 feet of fill in a small area of the lot. I beg your pardon. I'm here to clarify it and I misstate it again. About 14 and a half feet of fill, and so I had rounded it up to 15 in the staff report for simplicity sake. So the subject property is in Eagle Mountain just south of Shea Boulevard there and just east of the border with City of Scottsdale, about three lots over. Again, it's a single family residential lot with a considerable grade. It's about 22 percent sloping down towards the west. The property is a little over 27,000 square feet and is zoned, just for purposes of background information, is zoned R-110A. And incidentally, just as a side note, because of the zoning at R-110A, it's not subject to the hillside ordinance. So it's allowed 100 percent disturbance. I've provided a bird's eye view of the lot just so the council can appreciate the -- at least to some extent -- the grade. Again, I mention it's about -- this is looking north incidentally, as indicated by the arrow here on the left. It's looking north as you can see -- well, actually at this pin, I should mention is roughly the geographic center of the lot. Immediately to the north is, as you can see, is an existing single-family residential lot and downhill to the site is another existing single-family residential lot. The lot immediately to the south is currently vacate, however, there's another existing home south of that. Another bird's eye view, this one looking south. You can see the existing single-family residential home in the distance and the three downslope towards the west. Okay. So what the applicant is proposing is a home, a one-story home of a little over 3,800 square feet livable and total under roof, including the two-car and single car garage, almost 5,400 square feet. Now, this area here, just to the west of the home, is the subject for this cut/fill waiver request. This is roughly a 954-square-foot area, that indicates the area that will consist of fill of over 10 feet. And as I mentioned rounding up, 15 feet maximum. The fill is TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 20 of 69 shallower towards the east and because the contours go down, the amount of fill will increase to about 15 feet. Staff is recommending approval of the cut/fill waiver request as we believe the fill is occurring in a relatively small area, again, of the 954 square feet. And it is staff's belief that no view sheds will be blocked from any of the neighboring residents particularly to the west, as they will be looking up towards the home and the area that will be filled is roughly consistent with the finished floor elevation of the home that's being proposed. In case the council would like to see some elevation drawings, I have provided a few -- actually just a couple elevation drawings. But with that, I can end my presentation and open it up to questions. MAYOR DICKEY: Thank you. Did we have any speaker cards on this? MENDENHALL: No, Mayor, we did not. MAYOR DICKEY: Thank you. Anybody have any questions about this project? Yes, Councilman? SKILLICORN: Thank you, Madam Mayor. Director, is this an HOA? TAVASSOLI: Mayor, Councilmember, yes. Eagle Mountain does have an HOA. SKILLICORN: Okay. And they have approved this or does this still go through their process? TAVASSOLI: Mayor, Councilmember, I don't know for certain the answer to that question. But typically, we do advise developers to go through the HOA first before submitting any building permit filings with the town. But the architect, I should mention, is here as well and he could -- SKILLICORN: Okay. We have a nod or a not if it's -- if the HOA has approved it? UNIDENTIFIED SPEAKER: Yes, it has. SKILLICORN: Okay. And then, Solitude Canyon, is that Fountain Hills or Scottsdale? The street to the west? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 21 of 69 TAVASSOLI: Solitude Canyon, since I'm familiar, councilmember with that street name as I reviewed a few permits -- SKILLICORN: you have to go one street to the west. That's the name of it. I think so. Yeah, it has to be. TAVASSOLI: It would be in the town's jurisdiction. SKILLICORN: Okay. And then, so typically, I like to go by what the zoning says on waivers. I typically don't like waivers. But I have a test and one is, is there something special about the project or is there something special about the property? In this case it sounds like the project is just a home, but it's the angle of the property and it does seem to be because of the zoning it was -- you know, when it was originally zoned it was known that there would be -- dirt would have to be disturbed. So it probably passes my test unless someone has like a water runoff issue or something like that, that I'd want to hear about. If anyone has anything like that, then feel free to voice your concerns. TAVASSOLI: Oh, and Mayor and Councilmember, if I can just mention real quick. The area that is being filled at a 15-foot max level is a uncovered patio primarily. Just a tiny portion of the home is within that fill area. MAYOR DICKEY: Any further comments or questions? Can I get a motion please? SKILLICORN: Motion to approve? FRIEDEL: Second. MAYOR DICKEY: Roll call, please? MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 22 of 69 MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. thank you. TAVASSOLI: Thank you. MAYOR DICKEY: Our next item is going to be -- we're going to hear about our community economic development strategy. So what we're going to do is, we're going to hear from Amanda. We're going to get the presentation. So we'll go through that whole presentation. Then we'll see if we have any speaker cards and then we'll discuss. Is that okay with everybody that we hear the whole thing? Okay. JACOBS: Madam Mayor, members of council, I want to let you guys know that I have been battling the last few days with laryngitis, so bear with me. And then, a request, I have 21 slides. There's about 19 of content. A couple of weeks ago I provided you an update on the data. So if you guys are okay, I won't go into lots of detail. We'll pass through some of those and I won't read everything; will try to summarize it. So is everyone okay with that? All right. Well, again, Madam Mayor, members of council, members of the audience, extremely excited to be presenting the proposed economic development strategy. It is actually been ten years since we've updated the plan. There was an attempt back in 2019, it wasn't approved. So when I started with the town, it's something that our town manager said we need to start working on. And really felt that a few years ago it didn't pass because it was missing a very important ingredient and that was community engagement. And so this strategy we're proposing as a three-years. Some folks, as I met with you guys one-on-one and then presenting this with SPAC said, wow, there's a lot in here. But know that economic development is a team sport and so I want to thank Bo Larsen, TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 23 of 69 John Wesley, John Perez, Kevin Snipes for their help and know that your mighty big economic development team of two is not handling all of this and the work is not going to get done in one year. So community engagement. We attempted to have a leadership workshop back in October but because of schedules, we were also right in the middle of an election, we decided to wait and have that in January. And we had about 50 of our leaders; so residents, business owners, at the table. We had a public workshop April 12th. Again we had our one-on-one meetings in May and June with council. It was presented to the strategy planning advisory commission. I want to make a note, it was in the paper about them perhaps making a recommendation. In talking with the chair, Patrick Garman, because their scope really is the town overall strategy plan, he chose for the group not to make a recommendation, just be a sounding board. So again, that's again good to hear from our residents. They brought good feedback, and some retired business owners, et cetera. And then was able to present to the Scottsdale/Fountain Hills Area Association of Realtors. So data and trends, again, I'm not going to read all of this but want to point to the median household income of 87,000. The median sale price of 660,000 and our median rent price of almost $24,000. Now, if we go to our current major employers. Again, I will not read this to you. But if you look at this, this is service-based industry employers. If you look at those workers, they make less than $40,000. So if we go back to those median prices, we don't have to be a mathematician, which I'm not, it's not adding up. These workers are not living in Fountain Hills mostly likely. And we're hearing that through some of our business retention site visits. Our targeted industries currently -- so again when I started day one, what we were promoting was financial services, healthcare, professional services. Through just my profession and then listening to the community, I will say I've modified this a little bit. But also want, hopefully, council's blessing. By adding assembly, small scale. We actually have this today. We have businesses behind the Target shopping center. We TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 24 of 69 have our watch company doing assembly. So on a small scale we should be advertising that. And with that too, it sends a message to the Arizona Commerce Authority who's the state economic development agency. And then the Greater Phoenix Economic Council, our regional economic development organization, that we're open that if they have a lead to come known on Fountain Hills' door. Bioscience is new. That came up multiple times in our public work workshops. Financial services will keep health care, hospitality, retail and startups. Apartment occupancy. I think I've been beating a dead horse. Supply and demand issue, we'll skip that one. Vacancy we just talked about. Again, though it's nice, office a few months ago was at 50 percent. There's a significant drop. And I will tell you with John Wesley, myself, the phone's being ringing this summer. Which is exciting. Our tourism. Again, I'll just make a note here. When I came in, I was like is Fountain Hills traditional tourism? And if we take our events impact study and combine our visitors, local/regional, when it comes to events, we're missing out on the traditional tourism. And so what I mean by that, heads in beds. So when they're staying here for a period of time in our hotels, that is bed tax and sales tax. And so a significant opportunity there. Our focus areas, our business attraction, retention and expansion, marketing, strategy partnerships, and tourism. So first under attraction, there's going to be about three slides on this, but staff is proposing to do a new downtown strategy. I don't always like to assume, that's not a good thing. But the last time we approved a plan was back in 2009. And so if you think back in 2008 and prior, if that was some of the work product of hearing things from the public. We then were hit by the great recession, things happened with the economy. Things now with COVID. There's, right now, nine districts within the strategy and perhaps we need to scale that back. Because buckle your seats if we're wanting to do stuff with downtown, this is going to be a multimillion dollar project. Two, collaborating with the property owner of Four Peaks Plaza. If we're not familiar with plaza names that is [Tar'-jay] or Target. I'm looking at redevelopment TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 25 of 69 opportunities. Again, aftermath of the great recession as well as COVID. Half of the plaza is empty. We don't want that. It benefits nobody. Exploring opportunities in four different areas. Again, if you guys can read that. For redevelopment and revitalization, and wanting to create zoning districts and flexible uses. So Palisades, for example, is within our downtown area. I have shared with you one-on-one and publicly that there have been opportunities to place some people in some of those vacancies in that area, but it does not meet the zoning requirement. And so we're not even going to try. And so we're waiting to work on that. Bring to council opportunities to have some flexible zoning and also look at height and various things to entice people that they can do an administrative track. So again, there's that administrative approval. If we get through those flexible zonings, that's an incentive or it's saying, okay, if you want to do something above and beyond that, here's your path; going to planning and zoning town council. And so that adds four to six months. Time is money for our businesses. Again, business attraction. Developing and publicizing a streamlined development review process. That has come up numerous times. And I'll have to say to you coming in as a new girl, I would ask John Wesley and team, you don't do a permit for this or we don't do this. So it's telling our story because there are things where traditionally with other municipalities, there is a review process, there's a permitting process. And so being able to articulate that, but also meet with some of our property owners to understand what are areas for improvement, and that we're open to hearing that. Again, just earlier painting that picture of who are major employers are. Those median prices, were need to start diversifying our housing opportunities even more. And then looking at developing architectural design standards for our businesses. So again, the downtown, a lot of people don't know that they're in a downtown. So is there an opportunity to modify where we're looking at revitalization or looking at new businesses to have design standards. This is the last slide, I believe, on business attraction. Wanting to partner with the Arizona land department. A couple of you have been interested in this. Our residents TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 26 of 69 want to know that we're being forward thinking. But this is very long-term. Again, Mr. Wesley and I have a lot of experience dealing with the state land department and it's a long process but to, again, reinitiate those conversations. Also looking at modifying the public art policy to allow for performing and temporary art. So again, for example, we have commercial businesses. We have a requirement for public art. Instead of continuing to do sculptures, is there a way that they give the money back? We entice them to give it to the town, and we look at expanding our concert series. Again, later on we'll talk about a second Thursday concept. And then creating a placemaking strategy to enhance the vibrancy of the downtown. Business retention and expansion. Continuing that wonderful program. Again, thanks to all of you for participating, monitoring those trends, and when applicable, bringing it to council to take action. Continuing our eight-week shop local summer campaign. Again, when I started our businesses wanted support and so asking what does support look like. So in the summer just reminding our residents to please shop local and just reminding folks who are new and are used to paying a primary property tax, that you don't do that in Fountain Hills. So we really rely heavily on that sales tax. Partnering with the Fountain Hills Chamber of Commerce on a welcome package to our new businesses. So again, welcoming them, having that red carpet sort of moment, but also letting them know opportunities of different events that are happening, knowing what to do, not to do; we've heard related to the sign code, et cetera. And then creating a second Thursday concept on the Avenue. It may not be second Thursday, but just to give an idea. And then conducting a market analysis of our existing businesses who are looking to expand. So I can say this publicly, everybody knows. But Adero has plans to expand. The Fountain Hills Medical Center has plans to expand. Restaurants have talked to us about expanding. And so keeping track of that and then making sure, one, when they're ready to pull the trigger, that we're ready to take action, and then making sure we're not a barrier for them expanding in the town. Marketing. Wanting to create a comprehensive economic development marketing plan. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 27 of 69 Different infographics related to those targeted industries. A specific economic development marketing brochure that really paints the demographics, the quality of life. And then collaborating with key stakeholders on consistent brand messaging. So I'd shared with some of you, several months ago, Bo and I were looking at YouTube video, got really excited, and there was a real estate agent promoting the town. Well, then, as we're watching it became cringeworthy because the person's saying that you know, we're a sleepy town, we're boring, we have no nightlife. Yes, the Mayor's mouth is open. So was ours. And so again making sure all of us are ambassadors. It's not just economic development. That we have consistent messaging. Because again, when things happen like that, it takes us months to prove that that is a false narrative. And sometimes too, with our real estate agents, they're the first to meet our potential residents. And so making sure that we're on track with messaging. Strategic partnerships. So looking at the possibility at creating a coworking space within the town with our homebased businesses, our startups. This past year we worked with the Arizona Business Alliance and we have a market here in Fountain Hills, and so looking to see how we could tackle that with the public/private partnership. Identifying opportunities to attract a university or satellite campus. So working with the Fountain Hills school district to understand what our potential students and leaders' looking at for the future. I have met again some of our employees working in our businesses and they shared with me the town used to have a design school. And so finding out, okay, what happened with that? And then of course, the International Dark Sky, there's obviously an opportunity there and they've been working very closely with the issue. Again, collaborating with those universities for pipeline programing. Collaborating with Fort McDowell to improve the aesthetics as you're coming in. So you guys have heard me too, when I was applying for the job, came in off the B-line, went on Shea and I was like, oh. When I saw the broken-down building and some of our faded away finding signs. So again, that's a brand image and messaging. Partnering with Fort McDowell and Salt River Pima on ways to explore our growth opportunities on the B-line with the TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 28 of 69 town being the immediate community. We, of course, as residents unfortunately have sale tax linkage just to Scottsdale, but how do we work with them to grow that corridor to where then too, the people visiting are coming to Fountain Hills and then we can seek those sales tax. For tourism, creating a comprehensive tourism marketing plan for targeted audiences. So this past year we've been looking at the top ten businesses who are coming to experience Fountain Hills. So how do we start targeting to some of those states? You've been seeing that the top five, that we are seeing Chicago, New York, Los Angeles looking, and so what can we do to boost that visitation and get people traveling here, an opportunity to attract a new resort. With some of our hotels, unfortunately, an aftermath of COVID, is they're scaling back on their meeting rooms, thinking like we're never going to be in a room together again. I was at a conference in July with 500 people. And so there's an opportunity here to work with the resort to see how we can add meetings and conventions. Looking at new signature events and tournaments and then collaborating with existing hotels on the events that we're having. Giving folks a reason to stay, collaborating with our hotels. Some people don't know, but to be able to attract with an event or with a business group, you need an actual code. So again, there's an area of opportunity there. We, of course, want to support the progress of the International Dark Sky Discovery Center. I think one more slide. And then partnering with the Dark Sky Association on a permanent location within Fountain Hills. So again, we have this wonderful designation. Our phone is ringing. The Dark Sky's phone is ringing, but we're having to do planned events to go to certain areas for stargazing. So this is an opportunity that again, at night, you know if it's at midnight or 2 in the morning -- we're not a sleepy town, dang it. That there is a place for people to stargaze. Cross-promoting events can be very effective. So we've got spring training, waste management. If people are coming here for a couple of weeks, we have fabulous events. So it's why not come to Fountain Hills? And then looking at potential TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 29 of 69 opportunities within Fountain Park itself. Again, because I can pick on myself. Again, when I was a visitor, again applying for the job, I went to the fountain. It was beautiful. It was gorgeous. Spent my 10, maybe I didn't last the 15 minutes, but then I didn't know what to do after. So are there things that we can activate within the park? Next steps. So staff is recommending approval. Again, we think it's time. I'll tell you, I've been getting good reviews. People are excited. And then I'll share with you fast, 1:25, so a couple of hours before the strategy planning advisory commission, there were some folks that go ahold of the proposed plan. Been a little gun shy. And they said hey, I saw this in the plan. I get it. It's proposed. It hasn't gone to council. But in a couple of weeks we want to meet with you and John Wesley, looking at a development project. So again, people are excited. Let's keep the momentum going. If you guys do approve the plan, staff will then come to the November council retreat, November 2nd, and have a high-level implementation plan. What's ongoing, short- term, mid-term, long-term. Give you a sneak peek into the short-term objectives. Where there may be some dollars we're wanting attached and just kind of check the pulse of council. And then looking at a phased budget approach back to, again, our downtown. Some things have happened with the downtown. A lot of things where we're looking at nine districts, have not. So we need to take a phased budget approach if we're wanting a vibrant downtown. With that, Mayor, it sounds like you're going to open it up for public comment and then I'll come back for questions. MAYOR DICKEY: Thank you. Do we have any comment cards? MENDENHALL: Yes, Mayor, we do. First in your packet, we'll go through those. We have Geoff Yazzetta, he's for it. Christian Bergman is for it. Andrew Gonzales is for it. Mike Hoops is for it. Suzanne Nann is for it. And then we also have, maybe they're still here in attendance, but Jim Bourdamis, he wishes to comment in writing that he's for it. And Susan Dempster also wishes to comment in writing that she's for it. She TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 30 of 69 support it. And then we do have two cards -- speaker cards. And so first up is Clayton Corey, and then on deck is Karen Webb. COREY: Hello, Mayor and council. Clayton Cory, eight-year resident. I can't believe it's been that long. Wow. What an amazing presentation. I just wanted to come up here and let you know that I think Amanda and John did a wonderful job with the economic development presentation and I hope that you approve that. I think they bring a lot of good ideas and a lot of energy to something that should have been updated a while ago. It's been about ten years, so it's really something that we've needed. And I think that they have a lot of good ideas with revitalizing downtown, mixed use in particular. So I'm really looking forward to this and I just wanted to say, wow, what a great presentation. So thank you. WEBB: Hello. Hi, Mayor and Councilmember Skillicorn. I am Karen Webb. And I am a resident and a business owner. I'm fully in support of the economic development strategy. I think that we have been here about four and a half, almost five years, and I haven't seen anything really happen on the Avenue. I see it every single day and the -- I hear from so many businesses the stress about just surviving. And what needs to really happen is we need to infuse that vitality that Amanda talks about, not only into the Avenues but honestly into the council. Because this is the time to really revive it. A lot of people were lost curing COVID, you can see the vacancies. And I've heard councilmembers say that the key is just to bring more businesses. I can tell you right now, without the vitality there, the businesses will not come. So I'm excited to see Amanda's plan. I think she's done a phenomenal job. I really, in the entire time I've been here, she's been the only one to really seek out the business owners and inspire us and get us excited about staying and thriving in this town. So I think it's time and before we lose more people, it's time to create that vitality and turn the tables and so have people start coming to this town. Thank you. MENDENHALL: Mayor, I lied. Betsy LaVoie had her comment card. And then we had TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 31 of 69 Larry Meyers submit one. So Larry you're on deck, after Betsy. LAVOIE: Hi, good evening. Betsy LaVoie. You all know me. I've been a resident since 1979, represent the Fountain Hills Chamber of Commerce. And as you all know I worked closely with Amanda Jacobs since she started here at the Town of Fountain Hills with the Chamber of Commerce. So I'm here to enthusiastically support the economic development strategy plan proposed for our town by Amanda and her team. I think it's a comprehensive, well- structured plan. It demonstrates clear commitment to fostering economic growth, to fostering and enhancing the quality of life for our residents and positioning Fountain Hills as a thriving and sustainable community. I'm confident that the economic development plan will serve as a catalyst for positive change in our community. I'm hopeful it will not only boost our economic vitality but also enhance our town's appeal, and overall appeal, making it a more desirable place to not only work but live and visit. Thank you. MEYERS: Mayor, council, Larry Meyers. Resident 42 years. I support this plan. It's admirable. It's been talked for 30 years probably. With one exception, and I'm going to take you to the way back machine. I am not in favor of any administrative control over rezoning and business building and development in any section of town, and I'll tell you why. So a group of residents, way back, five years, six years, opposed the nursing home at the entrance to town at the corner of Trevino and Saguaro. It would have been a bad look for the town, I don't care what you have to say. Come here to die, we're all old. And it was a struggle and we stopped it. And I personally negotiated the deal with Dan Kaufmann (ph.) to bring the medical center here. And we got it here. And it got built. It just didn't get built correctly, because the town service director overlooked about five or six town ordinances, exposed mechanical, a vegetation plan that was never enforced. Trevino getting widened to accommodate the traffic jam at the bottom of the hill. There's a few others and I'm not going to bore you with them. And that's why I don't want administrative control. I think the planning and zoning people did a heck of a job. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 32 of 69 They worked through all the things. The residents weren't happy about some of the stuff. Ambulances weren't supposed to back up and they still do, because of the beeping alarm. Nobody enforces that. And that's all due to the fact that everybody let it be administrative control. And Mayor, I remember when this came up and phase two and phase three were under consideration and this SUP was given administrative control, you personally said we might have to revisit this for phase two and phase three. So if they're going to expand, you're going to revisit it. But as for the rest of this stuff, if it's a great idea, I think the planning and zoning commission, which are all people volunteering that you've appointed, should have a say in this, not just some bureaucrat sitting up in town hall making decisions where the citizens don't get a chance to speak. And that's the only point of Amanda's presentation that I will fight to the death on. Thank you. MAYOR DICKEY: Yes, ma'am. GOODWIN: Mayor, to Aaron's comments earlier. I'd like to ask John if he'd like to clarify anything? I realize that that's out of context of what we're talking about tonight. John, I realize that's also putting you on the spot. If you'd like to share some follow up after this meeting to Mayor and council you certainly can. MAYOR DICKEY: I'll just add that during that whole process, both of the projects, I was very involved and council was very involved. And one thing I want to mention before we take comments from everybody is that I did notice you saying you worked with John or John was at a meeting with you and such, and I just wanted to point out that many -- well, several years ago, one of the things that a former economic development person said was there was never any interaction and how could development not have to do with economic development? So I really appreciate that and heard that. And I think between the two of you and the other John and everybody else that was involved with this, that you went through a very thorough process. You had obviously had the two meetings, the public meetings. You gave everybody up here the opportunity to meet with you one-on-one, Evelyn Casuga with the Center for the Future of Arizona, I want to TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 33 of 69 make sure I mentioned her, she was at the League. And how well she did to get us to kind of all come up with some of these ideas. So with that, unless you had something right now, should we start with the questions? Questions and comments from council? Yes, sir. FRIEDEL: Two things. Thanks for the presentation. And to Mr. Meyers, your question. I think most of the projects will come back through the council any way. So we will have some say. So they probably will end up as agenda items. But my one question for you, Amanda, is you highlighted a marketing plan, tourism plan, and a business retention plan and different plans in your presentation. Those will all come back to the council as well, right? JACOBS: Madam Mayor, Councilmember Friedel, traditionally no. Some of those plans don't go back through council because it's operational in nature. It may not be a policy related decision. Anything policy related -- so again to Mr. Meyer's point, doing an overall district, that will have to go through planning and zoning as well as the council as you articulated. And so if there was something that residents took exception to, or council it would be at that point. But those other plans, we would not. Because it's operational in nature and wouldn't be policy related. Unless some of those are tied to a budget. That of course too, we would bring back. You're welcome. MCMAHON: Thank you, Amanda. I read through your presentation before and I thought it was very well done, very focused. It's obvious you're driven. It's obvious you want to represent the town in a great capacity to have it be better and have more business, sustainable, et cetera. It's a lot of work but thank you very much. JACOBS: Thank you. MAYOR DICKEY: Councilwoman? TOTH: Well, I'd like to echo some of that praise, Amanda. I want to very much highlight that you put together this plan, the strategy, put all this work into it, and then said TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 34 of 69 exactly when we're going to start talking about implementation. And I love that and that is my only comment. Thank you. JACOBS: Thank you. MAYOR DICKEY: Thank you. Vice mayor? GRZYBOWSKI: Two things. First of all, thank you. That was fabulous. I want to -- I know I'm preaching to the choir here, but I do want to mention that I always feel like Parkview gets left out. So I would like to make sure that while we're talking downtown that we remember to include Parkview. Parkview is considered downtown. No matter what people say, we call it downtown on our plate. So we need to treat it as such. Also, I really like your concepts on the public art. I think it's a fantastic idea that it doesn't necessarily have to be what we traditionally consider art. There's so many different forms of art out there. So I love that you included that in your presentation. Thank you for thinking about it. JACOBS: Thank you. MAYOR DICKEY: Well, I also just have things to say that I liked. Oh, I'm sorry. I didn't see your little thing here. KALIVIANAKIS: Yeah. If I may Ms. Mayor? Thank you. A very good presentation. Well put together. I'd like to see maybe just a little more meat on the bone. And I say that with all due respect. You mention how we would like to streamline business development procedures. We talked about possibly increasing fees for streamlined procedure. We'd been talking about this since I've been on council and tonight I was kind of hoping you'd say this is how we're implementing that strategy, instead of just talking about that strategy. I think a lot of the things are really great: public art, partnerships, brochures, aesthetics. That's kind of all the window setting. But like when somebody runs for office or when you are selling computers, you get your signs, your get your brochures, you get your strategy, you get your talking points. But it's not until you start knocking on doors that you get votes or if you're selling computers, you can have everything lined up but you've TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 35 of 69 got to start knocking on doors and talking to people. I'd kind of like to see if we're trying to attract biosciences that we start going to biosciences conventions and putting up a Fountain Hills booth. I'd like to see if we're trying to attract financial services, maybe we do a mailer to all the Valley financial services, Fountain Hills is open for business. The way I did it in Chicago is I looked at how many people are here and then you look at the type of business that you're trying to court and it's math, as they say. It's all the numbers. If you've got 25,000 people and if you open this kind of a boutique this will be a profitable business. And so I'd just like to see just a little more of that knocking on doors, talking to people, going out into the Valley or beyond and just letting people know. Because if we just work on aesthetics and art, and we're just kind of shuffling the chairs in our town. And we have to reach beyond our town to attract more people to fill all these vacant storefronts that my constituents keep telling me there are too many, and we need to get those filled. And so again, with all due respect, I think your steps are there. There's a lot of good here, but I would just like to see the implementation a little more and just have reports on how we're implementing getting more business owners and more people to populate our empty storefronts. But thank you for all the work. JACOBS: Thank you. MAYOR DICKEY: Councilwoman Toth? TOTH: Thank you, Mayor. And I don't mean to set aside your comments as well. But I just wanted to cut in. Councilwoman Kalivianakis, I appreciate your comments. The economic development strategy is that strategy. So how you mentioned like when we were running for office, right? We needed a strategy; we needed our handouts and then we started knocking doors. This is us approving the strategy. Amanda's talked about our handouts and knocking doors starting November at the council retreat. So that implementation that I just complimented her on, that's what kind of you're talking about that meat on the bones. So this specific strategy, I think it's a good overall plan. I think it's something that we TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 36 of 69 should be passing and I will make a motion once the Mayor's had a chance to say what she wanted to say. MAYOR DICKEY: You can make it now. TOTH: I would like to move to approve the economic development strategy as presented by Amanda Jacobs. Thank you. SKILLICORN: Second. GRZYBOWSKI: And I just wanted to expand on Councilmember Toth's statement that a strategy is a high-level, big umbrella picture of what's going on. It's not the intricacies involved. You'll come back, we'll talk about that in November and you'll continue your quarterly updates to us and we'll still have an opportunity to keep communication open. So I don't feel like anything was missing. Just wanted to reiterate Councilmember Toth there. MAYOR DICKEY: Thanks. So when we talk about housing and possibly having more, I want to make sure that we have some parks involved with that. One of the things that, when we talk about having younger people live here and you look at some of the other communities, there's a lot -- there are neighborhood parks that are walkable. So that might be part of that conversation. I love the performing art thing. Placemaking strategy to enhance the vibrancy of downtown. We had a speaker come up earlier, TAMA, I think. We've been hoping that that group would be a big partner with this and so I can see that that will happen. Second Thursdays? What happened to third Thursdays? Isn't that we talked about? Kind of sounds rolled off the tongue. JACOBS: So Madam Mayor again, high-level -- it's just a concept. We're not picking right? We're not implementing that it's second or -- MAYOR DICKEY: It's just I thought of third Thursday, so I want to make sure that that goes on the record. JACOBS: We'll consider that. MAYOR DICKEY: Attracting the university and satellite, so I love that. You kind of tie that in with the fact that some of our focus is on medical and nursing schools. There's nursing shortages, medical schools. So sort of that niche thing. Even PAs and EMTs. I TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 37 of 69 know some firefighters and such, they train in other cities than where they're working. So there could be opportunities there. You mention a issue as far as the town pipeline. I hope that we would make sure that that is included in that, and that's the Fountain Hills School District because that's kind of along those same lines and years ago we looked at what they called -- I think it was in Minnesota but it was called a college preparedness school, which was a really unique -- we were finding that kids were getting out of high school and maybe not doing as well as they could in college. And this was something -- it wasn't adding extra time but it was something that kids could go to. And again, the kind of thing that you can attract people to come here even though we're not right on the 101 and the 202 as such. You know, it's got to be something that really fits well. And the astrotourism, obviously does. And again, you had that crossing over with other events. So when we have a Super Bowl here and I know we used to go to NASCAR races and you could go to the one in New Hampshire and you'd stay as far away as Boston. So even though the NASCAR race is over in Avondale, you could packages together here and get you there. So I think that's really awesome that you thought of that. And the last thing is recognizing our weather. Recognizing that you don't go to Cape Cod in December and get a lot of action. So what do we do to always make sure that we're aware of that and not try to do something that's not going to happen because it's a 110 degrees or something. So I appreciate that you're recognizing that. And I think that the whole thing is a great step. We will bring forward the implementation which has a lot more of where we'll actually go, what the next steps are and that it will take some years and we're ready for that. So we have a motion and a second on the table. Are there any other further comments? Can we get a roll call, please? MENDENHALL: Yes, Mayor. Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Kalivianakis? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 38 of 69 KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you, Amanda. Rest your voice. JACOBS: Thank you. MAYOR DICKEY: You made it through the whole thing. Our next item is adoption of resolution approving a new -- adding an ethics complaint procedure in our council rules of procedure. I think we'll start with Linda. MENDENHALL: Okay. So are we doing comments or are we going to talk about it real quick? MAYOR DICKEY: So we hear from staff. So whatever the presentation is. MENDENHALL: All right. MAYOR DICKEY: And then we'll take comments and then we will go through. And I was speaking over to councilwoman about this and I think what we can do, if it's okay with all of you, after we have the comments, let's have someone make a motion on the main motion. That way when we go through section by section, if there are amendments we can vote on them at the spot. Because we will have had the main motion. So does that work? So we're not like discussing and wondering what we thought later. We'll actually vote on them, okay? KALIVIANAKIS: Yep. MAYOR DICKEY: Thank you. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 39 of 69 Linda? MENDENHALL: Okay. So before you today is an update to the council rules of procedure and adding the ethics complaint procedure policy to the rules of procedure. This came about as -- it started with the ethics complaint procedure. We started receiving more ethics complaints and so we wanted to have a way to deal with those to make sure that everything was logged in, that there were some check and balances, that I would receive it, and then I would forward it along and who is responding. So we wanted to get a process in place. And so we started doing some research of what other municipalities did and then it evolved into updating the rules of procedure with respect to our elected officials. I would say it's more -- we're representing our town, and so we needed to find a line of how we were to do that, covering free speech and also their ability to represent the town based on comments from the public. And so it's a balancing act. And so what we did is we reviewed different municipalities with respect to their ethics procedures, their code of conduct and added some of that information in there. And what I'd like to do is go over it after public comment. Is there any questions? Anyone want to add anything Rachael, Aaron? MAYOR DICKEY: Just wanted -- yeah. Rachael and Aaron, do you have anything to add? GOODWIN: No. And I think you covered a lot of the high points. I think what the understanding is is that this is a draft. It's intended to be a draft. It's intended for discussion and feedback and direction. It sort of evolved as it was going through. Again, there was a lot of feedback and a lot of different things happening internally. And I wanted to really echo what Linda mentioned is that there is an accord between professional decorum and constitutional rights. And this is a first draft that is trying to navigate a balance between the two. So Linda's comments of a balancing act are exactly right. But we are anxious and very receptive to comments, feedbacks, and direction on this draft. MAYOR DICKEY: Thank you. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 40 of 69 Do we have any speaker cards? MENDENHALL: We have quite a few. Okay, so what we're going to do is we're going to go through the packet real quick for the people who submitted written comments and you have a -- it's in your packet. The first one is Debbie Elder, and she's against it and she also made a comment. So you'll want to read that. Patrick Flynn also is against it and he made a comment as well. Darla and Tom Jacobs are against it. And they also made a comment. Rory Wilson is for it. She did not make a comment though. Steven Schmidt is against it and he made a comment as well. Gina Waldo made a comment that she's against it and also a comment. Nancy Thornes is against it and she made a comment that you'll want to read. Sandi Meehan is against it and she has a comment as well. Alan Meehan is also against it and has a comment. Dina Galassini is against it and has a comment as well. Sharon Fried has a -- made comment and she's against it. Laurie Scherer, RN -- hopefully I said your name right, Laurie. She's against it and made a comment as well. Victor Scherer, he's against it and made a comment as well. Jeri Hensel is against it and made a comment as well. Richard Rutkowski -- Dr. Richard Rutkowski, he is against it. Oh, he wants to speak. So we'll set -- put yours to the side. And then Wendy Klocke is against it and she made a comment. Trinette Cannon is against it and made a comment. Kathleen Sylvie is against it and also made a comment. And Art Sylvie is against it and made a comment. Faryl Palles, is against -- no. She is for it and made a comment as well. Robert Petersen is against it and made a comment. I think he submitted twice but I printed it because he may just want you to know he's against it. He's really against it. Okay. So now we'll go to the people who want to comment in person. MAYOR DICKEY: Excuse me. I just want to make a comment that a lot of the -- when you said the people were against it and they made comments, I'm looking through them. It appears that people think this is applying to them. So just as we move forward I just want people to know it does not apply to them, it only applies to us. Thank you. MCMAHON: I second that. Because it looks as though they think they're going to lose TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 41 of 69 some right to free speech and this has nothing to do with that. So most of the ones as you read through them, that is what I understand they're against. And don't understand the concept of what we're doing here. MENDENHALL: Right. And that it's for the rules of procedure that pertain to the council and to the boarding commission members as well. KALIVIANAKIS: I'd like to make a point of order and a comment. My point of order is addressing Rachael, when she said this was just a draft for discussion. If you look at the regular agenda items, all three items, A, B, and C were consideration possible action. And so this isn't just a draft set for discussion. This is set for action. And then the second thing is, with all due respect, Ms. Mayor, I don't think that we can get into the minds of the people that wrote these comment cards and assume that they didn't understand what we're voting on tonight. I think that's a little bit of an insult to the people who took time to fill out the comment cards that they didn't understand what they were commenting on. And so I'd just like to put that on the record. MAYOR DICKEY: Well, I'm not meaning to insult anybody. But when they say you're taking away my free speech, I want people to understand it's not -- it doesn't pertain to the public; it just pertains to us. MENDENHALL: Okay. First will be Dr. Richard Rutkowski and then on deck will be Crystal Cavanaugh. RUTKOWSKI: Good evening Mayor and councilmembers. Rich Rutkowski, 22 year resident of Fountain Hills. I oppose the adoption of Resolution 2023-30, specifically the proposed new language in section 8.4(a) of the rules of procedure. And I do understand to whom it applies. While it is important to maintain public confidence in town government, that's a quote from the proposal. As stated at the beginning of that section, the additional proposed language present several serious concerns. While claiming to, quote, recognize the exercise of free speech, end quote, much of the language does the opposite. For example, quote, refrain from spreading hate speech misinformation. These terms are subjective and not clearly defined. And as we have witnessed in recent years, what TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 42 of 69 is considered misinformation by some is considered factual and accurate by others. As we have also witnessed, what is at first characterized as misinformation is often later determined and proven to be the truth. Second quote, avoiding personal attacks or derogatory language. Is it derogatory to question the actions or votes of a public official? If someone characterizes the vote of an individual as being harmful or contrary to the public good, is that derogatory? It's certainly not a compliment to say that they criticize that vote. Again it's subjective and essentially undefined. Next quote, refrain from making verbal attacks upon the character or motives of other members of the council, boards, commissions, the staff, or the public. Now that's a very broad and vague restriction, which in practical terms limits any negative comment or opinion. And that is not free speech. Next quote, refrain from making disparaging remarks about other members of the council, boards, commissions, the staff, or the public. This basically says the same thing in another way and yet again places limits on true free speech. Respect for others is an admirable and desirable trait for all of us and should definitely be expected in our public officials. One can be respectful, disagree, and express that disagreement. However, if respect is to be legislated as is somewhat proposed here, that legislation of the rules should be and must be objective and clearly defined and must not in any way limit free speech. Those rules should not in any way be able to impose anyone's personal biases or concept of what constitutes misinformation, what is disparaging, what is derogatory upon others. The proposed language in section 8.4(a) does not meet these criteria and I urge you to vote no on this resolution. Thank you. MENDENHALL: I'm sorry. MAYOR DICKEY: Oh, I'm sorry. Go ahead. CAVANAUGH: Should I wait? MAYOR DICKEY: (Indiscernible). CAVANAUGH: That's okay. I strongly oppose implementing a fee to file ethics TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 43 of 69 complaints and I would like to go on record to say I never have actually filed one myself. I'm also aware that some have filed multiple unfounded nuisance complaints over this past year. That is indeed unfortunate. However, it is a matter of free speech. This is the designated recourse that citizens have to hold elected officials in check if need be. Will some abuse the process? Of course. But to punish all others is not reasonable. On the other hand, if false malicious accusations are made against councilmembers that rise to a level of prosecution, for example, that's another matter entirely. And the wronged party could certainly pursue legal recourse against that person. There seems to be other first steps that should be taken before restricting free speech through fees. Have you considered announcing at council meetings who has filed ethics complaints that month and the end results? I think over time people who file multiple frivolous complaints will hopefully be discouraged from wasting town resources. And there seems to be a lot of subjective speech in some of the redline changes. Hate speech, how our words affect others, misinformation, infringing, marginalized or vulnerable communities, insensitive language, and verbal attacks on motives, to name several. What hasn't been working as it is currently written, there is a certain level of decorum that should be expected by both the council and the public and usually that occurs. But sometimes on both ends, it does not. But micromanaging speech or requiring personal finances to play a role in decisions to file, does not seem to be the answer. Be careful what you wish for. Depending who's in the majority can impact the decisions or the implementation of consequences base on subjective measures. Thanks. MENDENHALL: Next we have Liz Gildersleeve and on deck, Mathew Corrigan. GILDERSLEEVE: Good evening. Liz Gildersleeve, Fountain Hills resident. The only resolution to resolution 2023-30 is not resolving it at all. It must be, in my opinion, completely rejected. Implementing roadblocks to make it harder for residents to voice their concerns about elected officials is simply unconscionable and maybe even unconstitutional. Yes, even those that aggravate you by filing ethics complaints frequently have an absolute right to do so. Ethics complaints are a form of checks and TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 44 of 69 balances and the price we all pay for living in a free society. The cost to the town of $11,000 in fiscal year 2023, as stated in the agenda, to investigate ethics complaints against councilmembers is a drop in the bucket for what taxpayers pay for things like studies that you approve regularly. At the last council meeting for example, the majority of you approved a parking analysis and a traffic light study totaling $82,000. But now $11,000 gives you angst? Even more troubling than the $200 proposed ethics complaint filing fee to residents is the redlining that was done to the code of ethics itself. After reading the suggested changes yesterday I felt like I'd been dropped in a George Orwell novel. Now you get to regulate and decide hate speech, censure your peers, and decide which of our laws are equitable. There is so much ambiguity in the proposed changes that I can't cover it all in three minutes tonight. But bottom line, this redlined code of ethics and rules of procedure, takes a supposed problem and makes it far worse. So who's going to stand up tonight against this garbage? I would encourage each of you to throw out every word of this redlined resolution and vote no on the ethics complaint filing fee and move on to more important business for the town, like the MCSO contract, code enforcement of signs, the solicitation ordinance and 5G, just to name a few things. This agenda item and resolution is completely nonsense and I can't believe we're wasting time on it tonight. Thank you for listening. MENDENHALL: Next we have -- oh, sorry. Matthew. CORRIGAN: Madam Mayor, councilmembers, good evening. Mathew Corrigan, home owner in Fountain Hills. And I'd like to, to a certain extent, reiterate what's already been said. However, I think the ethics resolution could be a good one. But let me tell you why I think it should change. Page 22, section 8.1, the word, "equitable" in line 4 could have multiple meanings. Equal on the other hand, is objective and means having the same privilege, status, and rights. The phrase equal justice under law, for example. A good example. Equitable is subjective and can apply to a balanced or biased analysis. Fairness is TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 45 of 69 assumed to be a popular opinion rather than a rational analysis. Equity and inclusion, for example, can imply social justice as equity instead of equality. Eliminate the word, "equitable" and add equal. Page 23, section 8.4(a), line 8, refrain from spreading hate speech. Wow. The term, "hate speech" is subjective and should be eliminated. The term, "misinformation", is subjective and should be eliminated, line 10, 11, 12. Our words might affect marginalized or vulnerable communities. Both phrases are subjective and should be eliminated. Also potential harm that insensitive language might cause, is subjective and should be eliminated. Page 23, section 8.4(c) line 4, stakeholders, a new term, is subjective, not defined, and is clearly not specific and it is defined and that should be eliminated. Page 24, section 8.7, seek no favor. Believe that personal benefit or profit secured by confidential or privileged information or by misuse of public time is dishonest. Yes, it is. This section seems to be ill-defined and vague at best. I suggest you eliminate that statement in favor of a clear definition, one that can be defined. Page 32, section 2 -- sorry, page 32, 10.2 code of ethics. The $200 can be waived if the complainant receives sponsorship from a member of the town council. That might give cause for pause. We have had very skeptical ethic complaints from some community members, but again that doesn't justify a councilmember speaking up and allowing that to disappear. Page 33, section 10.6, line 3, members of the public body, filing fee is waived. Members of the public body may use anyone of the following methods to file a complaint. Eliminate section 10.6. by eliminating these six parts, you might have a better proposals at hand. Thank you. MENDENHALL: Next we have Lori Troller and on deck, Larry Meyers. TROLLER: Hi, Mayor, council. Linda. I never get her. Rachael, Aaron. Lori Troller, resident. Thanks to the Mayor for bringing up the topic of hate speech in effect. It's a perfect opportunity to discuss exactly what can and cannot be done with TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 46 of 69 the First Amendment. You can't put a fine on someone for speaking. You can't gavel someone if you don't like what they said. You can't punish someone for speech. You can't force one to speak an apology. And you can't overturn voters by a simple majority vote. Ethics violations are more than a sour mark on the council's record or on a councilman's record. It's the process by which we, the people, have checks and balances to curb rogue council behavior. Not only are the proposed changes to the code of ethics violating the process of checks and balances, they are violations against the First Amendment. Whatever legal counsel is advising for these changes, is seriously in legal jeopardy and incorrectly advising the council. If there is an issue motivating these changes, I ask that you go back to the drawing board for a legal solution. All public servants have sworn to uphold the Arizona and United States' constitutions. Your signed oath is a contract with We, the People, to accept frequent, recurrent, and fundamental principles and minimal or -- and to maintain individual rights. See the right of petition, assembly, speech, and press. Nowhere does the Constitution specify word, time limit, or allow a servant to remove a right by rule or code. For rights that are secured by the Constitution, there can be no rulemaking or legislation which would abrogate them. Which means to do away with or annul. Your lesson tonight is that to vote against the Constitution by any rule or code is to breach the contract you swore as a public servant and a trustee to my rights and everyone's rights. In a trust, when a trustee breaches a contract, that contract is dissolved. Therefore, you have dissolved your position of office and granted authority. Worse, by acting outside your sworn lawful position to uphold the Constitution, you're now personally liable for trespass, maladministration, and malfeasance. Consider this a verbal explanation of a forthcoming notice I will serve if necessary. Thank you. MEYERS: Mayor, council. Larry Meyers, 42-year resident. I am, too, against charging for filing of ethics complaints. And I think you're probably TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 47 of 69 coming to that conclusion. I think possibly those frivolous and frequent filers may be public acknowledgement here from the dais, and that would discourage them from being frequent and frivolous. Maybe they'd be more detailed and to the point. I personally don't know why we have to change the one we had. I liked it. I think it covered just about everything. Section 8.1, says, "Obey the Constitution and laws of the United States of America, the constitution and laws of the State of Arizona, and the laws of the Town of Fountain Hills". Pretty much says what your job is. If you did the first part, you don't need the part that says, "Work to enact and enforce just and equitable laws that promote the well-being of our community". If you do the first part, you've already covered the second part. And we won't have any arbiter. Then we get to section 8.4(a) and while it sounds nice, it's just a violation of 8.1, as it is regulating speech. I ask again, amongst you on the dais, who is the arbiter of this speech marginalizing, et cetera? And any rewrite to rein in anyone's public or private speech violates 8.1. Further as to the public, the only demeaning speech that I've heard at council meetings comes from town folks, specifically mostly railing against Councilmember Skillicorn and Councilmember Toth, and mostly personal attacks, never gaveled. And I have yet to witness either of them even make a comment. They've sat there and taken it. Which is to the point. It's the person's right to say what they say and it's your right to sit there and take it. So I would ask why are we even doing this? We've got the MCSO issue. We've got 5G, I beg your pardon, since April of 2022 being discussed. We've had provisions stripped out of the detox ordinance that all the other towns and communities are putting in, insurance and inspection provisions. We haven't talked about that. The sign ordinance is certainly a mess. You can't figure out where to put it, where the daylight is. So don't charge them for the ethics violations, keep the old one. We don't need any red in this thing and let it be, and move on. Thank you. MENDENHALL: We have one last comment. It's Robert Petersen. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 48 of 69 PETERSEN: Mayor, councilmembers. I'm a almost nine-year resident of Fountain Hills. I will die here. This is a wonderful town. But I am an absolutist on free speech. I don't know how many of you -- you're all youngish and you may or may not have ever heard of Mario Savio. He led the free speech movement at University of California in the very early 1960s. He was a moron. Virtually everything he said was stupid, but he is one of my heroes, posthumously. He said things. He defended everyone else's right to say things. The last few years in national politics we've been talking about hate speech and so on. Unless someone is saying this person or this group should be exterminated, I don't think it's hate speech. It may be stupid, it probably is stupid, but we got to stand up for stupid speech because repressing speech does nothing but harm. And First Amendment forever. That's all. MAYOR DICKEY: Thank you, all. Does anything change what we want to do to proceed or -- Brenda? Because my thought was that we would make a main motion which would allow us to amend it. And we can still do that if somebody moves the main motion and someone seconds it. Then we can discuss it and amend it as we go along. I'll defer to you. KALIVIANAKIS: Just a few thoughts. Yeah, we do have the main motion. Just so everybody at home and here knows, I did draft and submit that to everybody up here, and amendment to 9(c) that denudes or guts all of the redline language for the most part, leaving in the harmless stuff. Based on the comments that I've heard today, exactly what I was going to say up here. And so I think -- unless, Mayor, if you or anybody else here would like to, I guess, state the opposition to what we've heard tonight, I'm ready to vote on either the main motion or on the amendment. Because I think we've reached a point. The arguments have been made, unless there's a counterargument to be made, I'd love to hear it. I'd just like to vote. MAYOR DICKEY: Councilwoman? MCMAHON: I didn't see the document that you sent because I haven't had time, so I TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 49 of 69 can't consider it. It was sent to all of us. I wasn't on notice, so my concern was with open (indiscernible). I did go through the document that we have, so that's all I have to reference. MAYOR DICKEY: Councilwoman? Vice mayor? GRZYBOWSKI: While I do have a lot of things I'd like to discuss if we're to go item by item. My first comment is why are we even doing this? Why are we governing ourselves? I do not believe that as an elected official we should be making our own code of ethics. This should be done for us. If my mom had to ask me, when I was a sophomore in high school, what do you want your curfew to be? Guess what it would have been? And I just -- I feel like we're letting the fox into the henhouse. So I want to go on record that I think it's completely asinine that we're even having this conversation. That being said, I do have things to discuss along each number. If we feel that we have to continue this, I will support it as a council but I think it's asinine. MAYOR DICKEY: Thank you. Councilwoman? TOTH: Thank you, Mayor. I just wanted to address the previous statement regarding the open meeting laws. We pretty specifically voted on this being the -- we voted on it right? This being the process for when we're wanting to have a handout at the meeting. That's turned into Linda and then Linda sends to everybody. I remember us having a conversation about that and that was sent to all of us by Linda. That was -- ARNSON: And Mayor and Councilmember Toth, you're correct. We did institute something where we said we would share in advance. We may need to refine what we did to make sure that the process for getting it out is in order and that it's soon enough to ensure that it's getting out in the appropriate way. But yes, it was sent out in advance to your point. TOTH: Okay. ARNSON: Yes. TOTH: Thank you. Yeah, my main concern was just the comment regarding open TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 50 of 69 meeting law. We're not doing anything against open meeting law, otherwise we wouldn't have passed that procedure. So, thank you. FRIEDEL: Aaron, can I ask you a question? ARNSON: Sure. FRIEDEL: So in lieu of the fee, can we -- there was suggested here that the town manager or somebody list the filers of the ethics complaints. Can we do that in lieu of the fee? Would that be something we could do without any issue? I'm worried about the fee turning people off from -- and I was a proponent of the fee. ARNSON: That was the idea, right? FRIEDEL: Yeah. ARNSON: Is that if you have serial complainants, that it serves as some sort of a deterrent. FRIEDEL: Right. So now I'm wondering if it might be better to, in lieu of charging the fee, take that suggestion and have the town manager recite what violation or what complaints have been filed in lieu of the fee and see how that works? That's always something we could always amend at a future date, if that doesn't seem to remedy the situation. I don't know. That's just something I'll throw out for everybody to think about. ARNSON: If I could respond to that, councilmember. So Mayor and Councilmember Friedel, the suggestion for any sort of a deterrent to mitigate those serial complaints, is a good one. Fee is one option. You know, the manager putting in the packet somewhere. We've done something similar in another jurisdiction where we reported who are the complaints from and -- actually, I think it was with respect to public records requests, frankly. But who it came from and how much was spent in resolving it, right? So that's an option. I don't know how, operationally, Rachael, that works. But legally it's an option. FRIEDEL: Because I have heard from at least a half a dozen residents today about the fee. Several of them saying, hey, we're -- why should we give up our right? We're on a fixed income and the fee is tough for them. So I want to recognize that. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 51 of 69 ARNSON: I got that. I think I understand that. I did want to -- Mayor, if I may? I see that Councilmember McMahon has her light on. I do want to make clear that some of the comments that came from the public tonight were about, you know, this is the constitutional method or the way by which we hold councilmembers accountable. It's what we've adopted in our code as a process for filing ethics complaints. There's nothing in the Constitution that says you have to have an ethics complaint process. You can remove the thing entirely if you wanted to. You're not going to choose to do that tonight, I presume. But you could. There's no constitutional right to make an ethics complaint. So likewise, there's no constitutional right that would prohibit us from imposing some sort of cost mitigation on that. It's not like we're imposing the right to make speech that's constitutionally guaranteed. So I did want to make sure that we understand that. Some jurisdictions don't have them at all. Other jurisdictions do have them and they're a lot more fleshed out than this. So I want to make that clear. Whatever we do to Councilmember Friedel's point, there does need to be -- whether tonight or at future adoption date, I do recommend that there be some sort of deterrent for the frequent complaints. That's how this whole thing got started. And frankly, as the town clerk referenced earlier, this conversation started as a procedural discussion about how are we going to intake complaints? How are we going to keep track of them to make sure they don't get lost in the shuffle? How are we going to make sure they're processed in a timely manner? And most importantly, how do we stop the influx that's, in some respects, wasting town money and resources. We don't want those and we don't want to deter good complaints or complaints that may have merit. So that might be a good option. Anyway, that's kind of what I wanted to put out for council's consideration. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. I'm curious, and this is -- it's totally serious of how many actual comments we had on this. I think this is the record breaker, and I kind of wonder if we charge $200 per comment, if we could pave our roads with that. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 52 of 69 But actually, I'm kind of just prepared to -- we had a comment about making this to a vote. I'm prepared to just make a motion. You know, I read through the amended draft by Councilmember Kalivianakis and I'd like to make a motion to approve that with one small amendment and that is just to include the names of the filers with that. So if there's a second? FRIEDEL: Second. ARNSON: Can I ask for point of clarification? We just had a big discussion about not charging a fee. MAYOR DICKEY: Right. ARNSON: The amendment contemplates charging a fee. So is that what you're moving for? SKILLICORN: I'm striking it. MCMAHON: I have a comment, please, if you don't mind. Not to mix things up very much. But based upon what you said, the objective of this was to look at charging fees. Theres a lot more in this than charging fees. I think that there's a lot of language, et cetera, that's been added that I would like some legal advice on before moving forward, and I would like to know, if this is possible, is if we can move to remove this from tonight's discussion, have an executive session to go over it and figure out the exact meaning of why we're doing this and narrow it down to that, before entertaining any motions or votes. MAYOR DICKEY: Council, Attorney, I agree that some of the items that were brought up did have legal ramifications. I don't -- again, I don't believe that we're stopping free speech. And I agree with Sharron that it's unfortunate that we're a golden rule community and yet we have to explicitly define do unto others here. And we've always had this though, even though it hasn't been as specific. But I think that it's not only the money that we're spending and the time that is being used that could be used for other resources as we go through a lot of these complaints. But it's also -- we have been getting emails from constituents upset by some of the things that they've heard had been said. Some of the things that have been said about our staff. So it wasn't just an TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 53 of 69 organic -- I mean it was an organic broadening of this item after we've realized that people were upset about some of the comments that they've heard. Some of the way that our staff has been referred to, to a lesser extent each other. But there are disparaging remarks being made, some threatening, some targeting remarks. We have vague targeting, we have vague threats, we have overt threats, we have public statements that are made that I don't think are for the good of the community. And yeah, some of it is subjective. But we've got people -- when we get elected, we are not to be alienating members of our constituency. We have a code of ethics. Just to jump to the last part of the amendments. The part about whether we can turn it around and say that we're getting accused of something. Well, we all know up here that we have a higher threshold and there's not a lot for us to do if somebody disparages us. We can't really -- we don't have the same rights that other people do to defend ourselves. There's a higher threshold there. But we don't have -- but then when we say things that maybe we shouldn't be saying. We write letters to the editor that say things that didn't actually happen at meetings, and then they're taken. I think back to something that happened a couple of years ago where a councilmember did something and was specifically said, if you weren't a councilmember, it would have just been fine. But your words had more something to them. So we have to take that seriously. That said, we are definitely not in agreement on the charging, I don't think. It doesn't sound like we are. The last part of your amendments there, with the kind of way that we can make people pay. Like, so if they bring something forward and it's found without merit and it cost $1,200, what we just motioned and seconded on, would make the person making the complaint pay that whole amount. Do you really want to do that? MCMAHON: (Indiscernible). KALIVIANAKIS: If I could just clarify that? And to clarify that but to just back up a little bit. I mean, two weeks ago, we discussed the U.S. Constitution and freedom of speech. We discussed a stranger going up to somebody on the street and saying hey, I'm short TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 54 of 69 on cash, can I get a few bucks off you? And we couldn't regulate that speech. And we didn't pass that ordinance, respecting freedom of speech. Mayor, you said that threatening behavior tonight, that we get threatened. We do get threatened. On the other hand, there is a remedy because threats aren't free speech. And so if somebody says I'm going to hurt you, I'm going to kill your cat, you can turn that in to law enforcement. So there is a remedy if they cross a line of free speech. Free speech, you can't yell fire in a movie theater. And so it's not unlimited speech. So if somebody threatens one of us, that's not constitutionally protected. As far as the fee, actually I'd been receiving the same complaints that Gerry has and maybe many of you. I would be for just waiving that fee. Because, and in my motion to amend, I wanted to add 10.4. In the case of an ethics complaint being filed and forwarded to outside counsel for a review, outside counsel shall make a determination whether the complaint has merit or is without merit and deemed frivolous. If deemed without merit and frivolous, the petitioner, the person that would have paid the $250 shall agree to pay the legal expenses associated with the claim. And so that in itself would deter people from filing frivolous claims. So we don't have to hit them on the front end with a fee and then on the back end too. And then I also put other language in there about false or frivolous complaints. They are subject to criminal prosecution for perjury if they file something against the law. And by the way, that was taken right from Scottsdale. And so they've already vetted that with their attorneys. GRZYBOWSKI: I know Councilmember Toth has her light lit, but while you're talking about that one particular item, I feel like we're asking more of the citizens in this particular section. We're holding them to a higher standard than we are to ourselves. Because we're trying to remove the misinformation section but yet we're telling the citizens at the same time you can't come to us with a frivolous and misinformation -- it just doesn't make sense to me. So now y'all are held to a higher standard than we are, is what I see in this documentation, and that's just one of the problems that I have with it. I honestly, I TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 55 of 69 would like to go through each of the items. 8.1, I feel like you deleted too many words. I still disagree with it, but I don't understand why you want to delete the words, "just and equitable laws", because then it reads, "work to enact and promote the well-being of our community". So I feel like we do need to address these things individually, item by item and not just carte blanche approve everything. Thank you. Sorry. MAYOR DICKEY: Councilmember Toth? TOTH: That's okay. Thank you, Madam Mayor. I have a few points to address here as well. I'm just scrolling up to -- because I realize I also want to kind of piggyback off of what Sharron was saying. I apologize, Councilwoman Grzybowski. GRZYBOWSKI: It's okay. TOTH: Point being with -- I do, thinking about it now, share the concern when we talk about the individual. If they are to file a frivolous claim that they would be liable for that legal expense. And the reason I have this concern is who defines frivolous? Who decides whether or not you had the right to take issue with something? I have some concerns about where that could very easily become a slippery slope. Where I understand that we do receive frivolous complaints and we do receive complaints that don't quite make sense or whatever the issue might be. I do hesitate to err on the side of restricting someone's ability to raise an issue if they do have one. And then whether or not outside counsel decides if that's important enough, that should not be their financial responsibility. So that would be my one suggestion as we continue discussions with that motion that we do already have on the table. On top of that, when we do talk about the removing misinformation, the reason that I support that personally, misinformation is an extremely vague term. And as was brought up in call to the public, several things that were misinformation two years ago, three years ago, four years ago are now not misinformation. A really good example of that is just the history when it comes to what has been referred to recently as the science. Well, science is all about questioning, right? Back in the day we believed that the earth was flat and if you said the earth was round you'd get stoned. Further than TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 56 of 69 that, lead paint; we used to think that was safe. All fats are bad for you, not true. Avocado fats are now pretty widely considered healthy for you. Carbs being the base of the food pyramid -- the list goes on and on and on. Science is always changing, always evolving. When we talk about misinformation and if people are speaking about a really hot topic right now, vaccine injuries. Four years ago, five years ago, it was not considered a real thing at all. If you brought it up, you were a nutjob. Well, now these stories are coming out and it's been proven that these things do happen. Maybe it's a small percentage, but it does occur. My point in bringing all of that up is, I take major, major issue with limiting misinformation with the same reason that I take issue for the frivolous thing. Because who defines misinformation? Who gets to tell you what is or is not true? Who is the authority on scientific truth when it comes to the council in Fountain Hills? KALIVIANAKIS: You want to go first? MAYOR DICKEY: I just want to see -- ARNSON: Oh, I'm sorry. Do you mind if I just interrupt? MAYOR DICKEY: Oh, go ahead. ARNSON: Oh, sorry. KALIVIANAKIS: Okay. Thank you. And this will be quick. But I want to address Councilmember Toth. That's why I struck out that misinformation. That's just going to be gone if we adopt the amended. Because your points are 100 percent valid. And as far as your concerns about 10.4, and this will be reviewed by the outside counsel to see whether it's meritless or has merit. And just again, my experience as an attorney and I think, in Aaron's experience as an attorney, when I used to be in the State's Attorney's office people would file charges which I would review before they were filed. Attorneys do this all the time and you'd get the complaint: crap, crap, file, file. It's easy. It's really easy to determine if somebody is doing this maliciously just by reading the pleadings or if there's some substance. And so I think we can trust on whoever the outside counsel is to read through this and say no, this is meritless. This is a person that's just got an axe to grind. If that will allay your fears because I'd like to pass it as is. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 57 of 69 MAYOR DICKEY: Councilmember? SKILLICORN: What I have to say might make what you want to say moot. I'd like to amend my motion to take out the $200 fee. I don't know if Councilmember Friedel wants to amend his second? FRIEDEL: No, that's fine. SKILLICORN: Okay. ARNSON: Great debate, great discussion. And I don't -- it can continue for as long as the council sees fit. There was a question -- the only thing I want to respond to is Councilmember McMahon's question about postponing discussion. I want to talk about if that's going to happen the appropriate procedure since you had a question that I didn't get the opportunity to answer. That has to be in the form of a motion. It has to be seconded. It takes precedence over the main motion according to our rules of procedure, but if it fails, we proceed with voting on the main motion. MCMAHON: Do I need to make a motion then? ARNSON: You would need to make a motion to postpone. MCMAHON: So I make a motion to -- ARNSON: Postpone indefinitely. And we would bring it -- and staff would bring it back for discussion. MAYOR DICKEY: This is a discussion that we are able to have in executive session? ARNSON: You can get legal advice in executive session. MCMAHON: Yes. And that's what I would like. I think that -- I appreciate everybody's discussion. There's been a lot o f words and things said that they don't understand what -- frivolous, or not understand and excuse me, who gets to decide that, et cetera. I think that there are so many questions in the document about -- that I would appreciate legal direction on and refine it down to the essence of the matter so that we can feel that we are voting on a document that's going to stand up. So I'd like to make a motion that we table this and we move it to executive session for legal advice. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 58 of 69 MAYOR DICKEY: Thank you. Is there a second? Okay. Then I want to discuss the motion that's on the table. Because it's basically, what your amendments here, including the last part. But just taking out the $200. So again, I just have an issue -- one of the issues is about how do you decide something that's frivolous. I get what you're saying. But obviously, if it was that easy we wouldn't have had all of the things that have happened here. And so it's not that easy for everybody to say something is frivolous. Or again, you have without merit. So basically, if somebody brought something forward and there was no finding and it was without merit, then we would tell that person that they had to pay for that complaint, which can be 1,200 bucks or something. So I don't want to pass that. I don't want to pass that part. And then I don't like the part where you get to have a sponsor. I think that's also something that -- I think there's a lot that's still there even with your amendments that I would -- KALIVIANAKIS: Just to address that. On the sponsor, since there's no fee, I don't think you need the sponsor, because you could file it without the fee. The sponsor was to waive the fee. MAYOR DICKEY: I understand that. KALIVIANAKIS: So that would moot, that point. MAYOR DICKEY: Well, it would. But the language is still there. I think it's kind of -- it's not going to look like a very good document for us to be voting on. In my opinion, I would prefer to not do that. But the changes that you made, again, you took out the words, "just and equitable laws". And like Sharron said, we probably just meant just and equitable. I just think that there are issues here that I would rather go back and fix it, clean it up a little bit. Let's see. Well, you left that part, so that's okay. And the gentleman had said something about saying equal instead of equitable. So that would be something to change. GRZYBOWSKI: Did you pass 8.2, because I want to mention something about that? MAYOR DICKEY: Well, let's just say 8.1 then. TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 59 of 69 GRZYBOWSKI: Okay. MAYOR DICKEY: It's like an amendment, I guess. But instead of saying, remove just and equitable laws, can we change it to just and equal laws. SKILLICORN: I can amend my motion and put laws back in, in 8.1. ARNSON: What kind of laws? Just and equal laws or just and equitable laws? SKILLICORN: Just laws. ARNSON: Just laws. Laws? MAYOR DICKEY: Well, I'm amending your -- SKILLICORN: I was under the impression that was the word that was missing. MAYOR DICKEY: Well, you amended what -- you are adding this as -- your amendment is this document. So I'm amending that to say just and equal laws. GRZYBOWSKI: Why do we even need the sentence if you're going to get rid of those particular words? KALIVIANAKIS: Yeah. We're removing the sentence. FRIEDEL: Yes. MAYOR DICKEY: Excuse me. GRZYBOWSKI: Well, first of all, these -- I feel kind of bad for these guys because we're just kind of talking about stuff that they don't get to see. But instead of removing the just and equitable, which we all agree that the laws needs to stay in there otherwise it's this really awkward sentence. Instead of removing those words, let's just take out that sentence that's in red and leave it as is. UNIDENTIFIED SPEAKER: Can we get it on the screen? KALIVIANAKIS: No, I know. I wish you guys could see it. MAYOR DICKEY: Well, it's just -- KALIVIANAKIS: All my -- I would just say, we are going to work to enact and enforce laws that promote the well-being of our community. That's how it would read. And we would take out just and equitable because -- to go back to the environmental plan, that's politically charged and I don't like it. MAYOR DICKEY: Well, and to the point of not being able to see it. Normally, or what we TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 60 of 69 could often do would be, people would be offering amendments that you wouldn't be seeing. We would come to a meeting, you have something in front of you and you amend it. She just happened to write down her amendments. But she's speaking them. Yes, sir. SKILLICORN: Thank you, Madam Mayor. And I don't want this to go very long. But trying to be as quick and -- if we take out just and equitable, I think we have agreement here. So if we take the motion right here and it says, "Just and equitable laws". Cross out "laws" and it's just those three words, "just and equitable" that will be amended. Is there amended second? MAYOR DICKEY: Yeah, just -- that's fine. KALIVIANAKIS: 6.2 which is the sponsor. SKILLICORN: Oh, yeah. And let's -- 10.6, since there's no $200 fee, let's remove the sponsor. KALIVIANAKIS: Let's remove 10.6 completely. SKILLICORN: Yeah. 10.6 completely. Sounds like there's a second. FRIEDEL: Yes. GRZYBOWSKI: I would also like to know why we're getting rid of the red verbiage in 8.2? I'm not sure I understand why we're removing it, as your elected officials, you should expect me to corroborate my statement with facts or references or something like that. And I feel like by removing this, you're saying I can just -- MAYOR DICKEY: Make stuff up? GRZYBOWSKI: Make stuff up. MAYOR DICKEY: Yep. GRZYBOWSKI: So I have a problem with removing that. I don't understand the thought process behind that. MAYOR DICKEY: Well, if you'd like to put that back in you can amend and put that back in. GRZYBOWSKI: I would like to leave the red section of 8.2 which is on page 22 and 23, Amanda. Thank you for doing that. Instead of removing it as is in our suggested TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 61 of 69 amendment. I would like to leave it in, because I just don't understand the removal. TOTH: Can I have a point of clarification? Are we allowed to amend motions to amend that we did not create? ARNSON: Yeah. So this is -- we're presented with two alternate versions. The one that's in the packet, the one Brenda proposed. So technically this is a main motion. Because we're asking for Brenda's. Brenda's proposing an amendment but all it is is a main motion, right? That's a misnomer. This is a main motion. So if we want to go through and talk about, like, Sharron just said a motion to amend the main motion, we can do that. TOTH: Motion? MAYOR DICKEY: The motion to amend is now -- TOTH: But the motion would be a motion to amend the amendment because Allen made the motion to amend Brenda's main motion. I'm sorry. I'm just very confused. ARNSON: What we're doing is calling, it's still the main motion. Allen accepted a friendly amendment from whoever. Whoever suggested it. And now it's all incorporated into the main motion. I'm just trying to make it real easy. MAYOR DICKEY: Right. Councilwoman Hannah, his is not an amendment. What he proposed is the motion. ARNSON: Yes. He's the motion. MAYOR DICKEY: So right now we're -- GRZYBOWSKI: What we're calling the amendment. TOTH: Now, we're talking about a motion to amend. ARNSON: The main motion, yeah. MAYOR DICKEY: And we already did twice because we removed the sponsorship thing and we put back the word, "laws". So we've already amended it twice and -- TOTH: Because that was -- MAYOR DICKEY: But we didn't vote on those, but I think everybody was okay with those. TOTH: Yeah. It was -- TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 62 of 69 MAYOR DICKEY: And now Sharron is trying to amend by putting back in section 8.2 as written. And do we have a second for that? MCMAHON: I'll second. MAYOR DICKEY: Okay. Should we vote on that? ARNSON: Vote on the amendment? Sharron's amendment? MAYOR DICKEY: Yeah. MCMAHON: Leaving in the red words from 8.2 which we're all looking at right here. ARNSON: Here is the main motion's amendment. If it fails, Allen's motion stays exactly the way that he proposed it. MAYOR DICKEY: But we still are discussing it. Roll call on this amendment. MENDENHALL: Councilmember McMahon? MCMAHON: Aye. MENDENHALL: Councilmember Toth? TOTH: Nay. MENDENHALL: Councilmember Friedel? FRIEDEL: Nay. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Nay. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Nay. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thanks. Aaron, should we vote on those two minor amendments that we already kind of accepted? ARNSON: It seems like everyone -- MAYOR DICKEY: Or is it okay if we don't? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 63 of 69 ARNSON: -- understood. MAYOR DICKEY: Okay. ARNSON: And that Allen, you acceded to those amendments and Gerry seconded it -- MAYOR DICKEY: The laws and the sponsorship. ARNSON: We seem okay. MAYOR DICKEY: Okay. SKILLICORN: I just don't know if there's any other -- Councilmember Grzybowski, I'm curious if she's had more -- if she finds something. I mean, I don't want to be here all night, but if she finds something that we want to change. GRZYBOWSKI: Absolutely. I told you I have something about every one of them. Well, most every one of them. Going to 8.4. We've got on there that we're removing the section where -- the red words again, "We recognize the exercise of free speech", blah, blah, blah. Ending with, "Impact our words". Again, where I see removing this, we're suggesting that we draw a line in the sand regarding our official capacity and our personal behavior. Deleting that and deleting the two red things that are, "refrain from spreading hate and reflect on how our words", blah, blah, blah. Deleting that and those two lines, these behaviors are unacceptable from anyone, let alone an elected official who's representing the entire town, not just 25 of our best friends. Then add too, what we're going to look at, adding section 10.4 which you guys aren't going to see at all because it's in writing in front of us. The section 10.4 talks about holding you, the citizen, to a higher standard because you've made false or misleading or unsubstantiated statements. And talking about criminal prosecution. So I just -- I have a problem with that. You're deleting stuff from us as elected officials regarding false and misleading statements, but leaving it in for the general public. That it's not okay for them to do it, but it is okay for me to do it. I have a huge problem with that. I hear all the time that our elected officials do this and they should be held to a higher standard. Again, why are we making our own rules, and if it is true that we should be held to a higher standard, then why the hell are we removing the statement? Thank you. MAYOR DICKEY: Councilwoman? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 64 of 69 TOTH: Thank you, Madam Mayor. I'm still figuring out how to ask my question. I'm so sorry. Speaking of Councilwoman Kalivianakis' point regarding maybe politically charged language and also the earlier point that we already have a code of ethics, I would like to strongly suggest that we take out this preamble. When we talk about, "In keeping with the town" -- actually, okay. You know what? I can loosen up on that a little bit. My only real issue with the preamble is the, "To the effective functioning of democratic government", we do not live in a democracy. We live in a constitutional republic. I know that is very anal of me, but it is truly a pet peeve of mine. We do not live in a democracy. Thank you. MCMAHON: Are we turning this to politics now? TOTH: I believe that -- MCMAHON: Aren't we nonpartisan? TOTH: -- this turned it into politics. This -- MCMAHON: I disagree with your statement. GRZYBOWSKI: For those of you keeping track at home, that's the very first red section under section 8, code of ethics. MAYOR DICKEY: Are there any further amendments? No? TOTH: Was I supposed to make that a motion? I'm sorry. MAYOR DICKEY: Are you trying to remove the preamble? TOTH: I am trying to remove -- what am I trying to remove? I am trying to remove -- KALIVIANAKIS: Democratic government. TOTH: I want to edit the language to the effective functioning of town government, of our government, however you would like to say that. I'm sorry, but it is a major pet peeve of mine. ARNSON: So just remove the word, "democratic" is that -- TOTH: Pretty much, yes. ARNSON: Okay. KALIVIANAKIS: Just remove democratic. MAYOR DICKEY: You want to remove the word, "democratic" out? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 65 of 69 TOTH: Yes, ma'am. KALIVIANAKIS: If I may add? Just to recap. Just so we can get our amendment right and to my main motion. We will remove in the preamble, "democratic". We will remove the fee. We will remove 10.6 altogether. And I think Allen -- I'd still like to keep "just and equitable" out of there. But whatever you want to do. But those -- just for you, Aaron, I think that's my tally of what's on the floor right now. ARNSON: That's what I have. The only thing we haven't actually gotten to is "democratic". We still need -- I still need to know whether -- KALIVIANAKIS: Yeah, we still need -- ARNSON: -- he's either going to accept it or we need it as a affirmative motion. KALIVIANAKIS: You want to make that as a -- MAYOR DICKEY: What's it going to be replaced with? ARNSON: Nothing. KALIVIANAKIS: Just government. MAYOR DICKEY: And you're removing 10.6. I'm sorry. Let's do that first. So is the "democratic" thing okay with you? SKILLICORN: I want to make sure. Okay. Well, it's also a point of clarification. I believe I already made in my motion and Councilmember Friedel seconded about the "just and equitable"? KALIVIANAKIS: Yeah. SKILLICORN: Record reflect -- MAYOR DICKEY: We did vote on it. SKILLICORN: That was already removed from the -- so the only proposed amendment right now, from Councilmember Toth, is to remove the word, "democratic". We're not -- we're for democracy, but we're a democratic republic. We know that. We're -- MAYOR DICKEY: (Indiscernible). SKILLICORN: Yeah. But we're not trying to say we don't like democracy. But -- and it's not -- but yeah, we're going to -- KALIVIANAKIS: Gerry, you agree with that? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 66 of 69 SKILLICORN: -- if you're agreeable to that, remove that one word. MAYOR DICKEY: And now we're removing 10.6, which means we can't -- we are saying the public body cannot follow the same process? KALIVIANAKIS: I think certainly we can follow the same process. But this is just waiving the fee, I thought. SKILLICORN: I think 10.6 was the sponsor. Removing the sponsor. GOODWIN: 10.6 is, for members of the public body who feel that there's an ethics complaint. That's for them, that's their provision. MENDENHALL: But it says filing fee waived. So let's say a member up here wants to file a code violation against another member, they would follow that procedure, they would not be paying a fee. KALIVIANAKIS: But we've already waived the fee. GRZYBOWSKI: So you're looking at 10.2. MAYOR DICKEY: Yeah. GRZYBOWSKI: Is what you're talking about. Because if we don't have a filing fee then we don't need a 10.2, right? SKILLICORN: I'll just -- MENDENHALL: 10.2, let's see. Let me make sure. SKILLICORN: And just directing to the Mayor instead of the way we should be doing it. We did get rid of 10.2 which is the $200, but that left a gap because of 10.6 it mentioned waiving. MAYOR DICKEY: Okay. SKILLICORN: And currently we don't have a 10.6 and people still have the ability to file an ethics filing. So removing this does not take away anyone's right there. So I see that as moot. And I'd like to call a previous question. ARNSON: Yeah, 10.2 and 10.6 work together. So if we remove one, we should remove the other. SKILLICORN: Right. ARNSON: You said call for the question of motion, then it has to get a second, and then TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 67 of 69 we have to have a two-thirds vote. FRIEDEL: The second was me. ARNSON: Okay. KALIVIANAKIS: It's already seconded. MAYOR DICKEY: So we have a motion and a second. And all of those amendments and such, others excepted things. Just to clarify in myself that the 10.4 is still in existence as far as the public having to pay for the whole thing if it's found without merit? SKILLICORN: If it's frivolous, yes. MAYOR DICKEY: Okay. Okay. Can we have a roll call, please? MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember McMahon? MCMAHON: I don't know. (Indiscernible). KALIVIANAKIS: My amendment. MCMAHON: Nay. MENDENHALL: No? Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Vice Mayor Grzybowski? GRZYBOWSKI: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Nay. All right. Thank you. Our last item before future agenda is council discussion, direction to the town manager. I do have a couple of things, just calendar-wise. So we were talking about having a mini TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 68 of 69 retreat on November 2nd. And I'd also say that I would like to cancel the meeting on November 7th, which is election day, if that's okay. And so we'll be having the extra meeting. I know. Don't fight me on this now. Everybody's happy as can be. So we'll do that. And is there anything from call to the public or anything that anybody would like to comment on? Yes, sir? SKILLICORN: Thank you, Madam Mayor. Just thanking staff, thank you very much for the check register, it's very helpful. I know it's purview of manager, I'd love it be part of the packet, so that people could see it. Think about that. And then I just had -- oh, I want to check on the update of the emergency services. I know it might take time to work on that but is that coming? GOODWIN: Right now, it's scheduled for October 3rd. We're going to be working with Chief Ott to make that happen. The October 19th agenda is pretty lengthy. So keeping that in mind we wanted to -- the plan is for that date. SKILLICORN: Thank you so much. GOODWIN: Yep. MAYOR DICKEY: Okay. Our next item is just future agenda items. Anything else? SKILLICORN: I'll make a motion to cancel the November 7th meeting. MAYOR DICKEY: You don't have to -- TOTH: Second. MAYOR DICKEY: We did it. We're done. Any other -- KALIVIANAKIS: Me. MAYOR DICKEY: Yes, ma'am. KALIVIANAKIS: For future agenda, I'd like to put on the next agenda set for two weeks from this meeting, a revision of the invocation guidance. There has been new case law I have discovered that will clarify the previous guidance, and so it I'd request that that be placed on the next agenda. Do I need a second and a third? FRIEDEL: Second. TOTH: I'll second that. KALIVIANAKIS: A third? Allen? You said yes? TOWN OF FOUNTAIN HILLS SEPTEMBER 6, 2023, REGULAR MEETING MINUTES Page 69 of 69 FRIEDEL: Yes. KALIVIANAKIS: Yes, okay. Thank you. MAYOR DICKEY: Okay. If there isn't anything else, we are adjourned. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on September 6, 2023, at 8:09 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 6th day of September 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd Day of October 2023. _____________________________ Linda G. Mendenhall, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Community Services Prepared by: Ryan Preston, Recreation Manager Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving a Special Event Liquor License application for Fountain Hills Chamber of Commerce for a wine walk in conjunction with the Wine Walk Series, Presented by The Avenue Merchants Association (TAMA) on October 13, 2023. Staff Summary (Background) The purpose of this item is to obtain the Council's approval regarding the Special Event Liquor License application submitted by Tammy Bell, representing the Fountain Hills Chamber of Commerce submission to the Arizona Department of Liquor. The applicant and Fountain Hills Chamber of Commerce are keenly aware that the final issuance of a liquor license, as well as approval to hold the Wine Walk Series, Presented by TAMA on October 13, 2023, is contingent upon the state, county, and local ordinances and guidelines as it relates to public health.  All special event liquor license applicants are required to submit an application and pay a $25 fee for processing.  Once the fee is paid, and the application is reviewed by Town staff, the application is forwarded to the Town Council for review and consideration. After the application is approved by Town Council, the applicant will bring the signed paperwork to the Arizona Department of Liquor and be issued a physical license to be displayed for the duration of the event. The special event liquor license application was reviewed by staff for compliance with Town ordinances, and staff unanimously recommended approval of the application as submitted. Related Ordinance, Policy or Guiding Principle A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309. Risk Analysis NA Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends approval.   SUGGESTED MOTION MOVE to approve the special event liquor license. Attachments G:\SPECIAL EVENTS\Special Events\Liquor Apps\2023  Form Review Inbox Reviewed By Date Finance Director David Pock 09/14/2023 05:57 PM Town Attorney Aaron D. Arnson 09/18/2023 09:48 AM Interim Town Manager Rachael Goodwin 09/20/2023 02:32 PM Form Started By: Ryan Preston Started On: 09/14/2023 05:17 PM Final Approval Date: 09/20/2023  ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2023-31, An Intergovernmental Agreement With Salt River Pima Maricopa Indian Community for receipt of Prop 202 funding. Staff Summary (Background) Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by the Arizona voters in the 2002 state general election and codified in A.R.S. §5-601.02.  This legislation allows for distribution of funds to cities, towns, and counties for their programs from Arizona Indian Tribes for government services that benefit the general public, including public safety, mitigation of the impacts of gaming, and the promotion of commerce and economic development.The Gaming Compact permits the Nation to allocate 12% of the fees it pays to the State to cities, towns and counties in the State of Arizona. Many non-profit organizations also request Proposition 202 funding as "pass through dollars" from cities, towns, and counties to support programs within their communities. Since the legislation required funds to be solicited by a municipality or county, the Town Council approved Resolution 2004-34 on July 1, 2004, which adopted the Town's policy and procedures relating to the Proposition 202 application process for the procurement of funds on behalf of various entities (i.e. as a pass through for funds). The Salt River Pima Maricopa Indian Community (SRPMIC) has awarded the Town of Fountain Hills a total of $50,000 for the annual Music Fest in 2024.   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; Section 12 of the Gaming Compact 2002 and A.R.S. § 5-601.02; Fountain Hills Resolution 2004-34.   Risk Analysis If the intergovernmental agreement is not approved, the Town will not receive $50,000 towards the 2024 Music Festival. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the IGA. SUGGESTED MOTION MOVE to adopt Resolution 2023-31. Attachments Resolution 2023-31  IGA between ToFH and SRPMIC  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/19/2023 08:21 AM Finance Director David Pock 09/19/2023 08:36 AM Finance Director David Pock 09/19/2023 08:36 AM Town Attorney Aaron D. Arnson 09/19/2023 08:52 AM Interim Town Manager Rachael Goodwin 09/20/2023 02:38 PM Form Started By: Amanda Jacobs Started On: 09/05/2023 05:10 PM Final Approval Date: 09/20/2023  PAGE 2 RESOLUTION NO. 2023-31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE INTERGOVERNMENTAL AGREEMENT WITH SALT RIVER-PIMA MARICOPA INDIAN COMMUNITY, ARIZONA, RELATING TO PAYMENT OF REGULATORY COSTS AND THE STATE OF ARIZONA GAMING COMPACT RECITALS: WHEREAS, the Town wishes to enter into an Intergovernmental Agreement, dated October 3, 2023 (the “Agreement”) with the Salt River Pima-Maricopa Indian Community, a Federally- Recognized Indian Tribe (“SRPMIC”), for the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5-601.02. ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recital above is hereby incorporated as if fully set forth herein. SECTION 2. The Intergovernmental Agreement (“IGA”) between the Town of Fountain Hills (the "Town") and Salt River Pima-Maricopa Indian Community (“SRPMIC”) relating the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities in the Town is hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 3. The Town hereby authorizes the acceptance of funds. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Intergovernmental Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 3rd day of October, 2023. (Signatures on the following page) PAGE 3 FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Linda G. Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney PAGE 4 EXHIBIT A TO RESOLUTION NO. 2023-31 (Intergovernmental Agreement) See following pages. INTERGOVERNMENTAL AGREEMENT BETWEEN THE SALT RIVER PIMA MARICOPA INDIAN COMMUNITY AND THE TOWN OF FOUNTAIN HILLS This Intergovernmental Agreement (“Agreement) is entered into by and between the Salt River Pima-Maricopa Indian Community (“SRPMIC”), a Federally-Recognized Indian Tribe, and the Town of Fountain Hills (the “Town”), pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions (“Section 12”) of the SRPMIC and State of Arizona Gaming Compact 2002 (“Compact”), as Amended and Restated in 2021, and Article VII, § 1(h) of the SRPMIC Constitution and A.R.S. §5-601.02. RECITALS 1. The SRPMIC and the Town may enter into an agreement with one another for the distribution of a portion of 12% of the SRPMIC annual contribution (“Contribution”) under Section 12 of the Compact to cities, towns, or counties that benefit the general public or promote commerce and economic development pursuant to A.R.S. §5- 601.02. 2. The SRPMIC is authorized by Article VII, Section 1(h) of the Constitution of SRPMIC to consult, negotiate, contract and conclude and perform agreements with Federal, state, local governments and Indian Tribes, as well as any person, association, partnership, corporation, government or other private entity. 3. The Town is authorized by A.R.S. § 11-951 through § 11-954 to enter into intergovernmental agreements with other governmental agencies including Indian Tribes. 4. The SRPMIC desires to convey to the Town a portion of its annual 12% local revenue- sharing contribution (“Contribution”) required to be paid to local governments. NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the SRPMIC and the Town hereby mutually agree as follows: AGREEMENT 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Contribution(s), as hereinafter defined. Page 2 of 6 2. Contribution: The SRPMIC shall provide the Contribution to the Town, in the amount of $ 50,000.00 following execution of this Agreement. The Contribution shall be used for the Town’s music festival program. 3. Payment and Use of Funds. a. Use of Funds for Purposes Other Than to Fulfill Agreement. The Town shall use the Contribution only for the express purpose contained herein. b. Inspection and Audit. To ensure compliance with this Agreement, the SRPMIC hereby reserves the right to inspect any and all records maintained by the Town with respect to this transaction upon seven (7) days prior, written notice to the Town. The Town shall allow the SRPMIC reasonable access to the records pertaining thereto. This section shall survive termination, cancellation, or revocations, whether whole or in part, of this Agreement for a period of one (1) year following the date of such termination, cancellation, or revocation. 4. Management of the Project. a. Use of Contributions and Recordkeeping. The Town shall have responsibility for disbursing the Contributions to the recipients in amounts consistent with this Agreement. Within a reasonable time following receipt of the Contributions from the SRPMIC, the Town shall use the Contributions in accordance with applicable Town policies and procedures governing the use of funds. The Town shall keep and maintain records relating to this Agreement. b. Responsibilities of the Town of Fountain Hills Following Disbursement of Contributions. The parties agree that the Town is merely acting as a conduit for distribution of funds to the recipients that are not departments, agencies or offices of the Town (“non-Town recipients”). Upon distribution of the Contributions to the non-Town recipients as specified in Section 2 of this Agreement, the Town shall have no further responsibility to the SRPMIC with respect to such funds or the use thereof by the non- Town recipients. Therefore, upon the Town’s payment of the Contributions to the non-Town recipients as provided in Section 2, the SRPMIC shall release the Town from any and all claims, demands, debts, liabilities, or obligations that may arise in the event that the non-Town recipients fail for any reason to expend the Contributions in accordance with Section 2. The SRPMIC further agrees that the Town shall have no obligation to reimburse the SRPMIC the amount of the Contributions for any reason after the Town disburses the Contributions to the non-Town recipients and that the SRPMIC shall look solely to the non-Town recipients for repayment of the Contributions in the event the Contributions are not used for the intended purposes. Page 3 of 6 5. Notices. Any notice, communication or modification shall be given in writing and shall be given by registered or certified mail or in person to the following individuals. The date of receipt of such notices shall be the date the notice shall be deemed to have been given. For the SRPMIC: Martin Harvier, President Salt River Pima Maricopa Indian Community 10005 E. Osborn Road Scottsdale, Arizona 85256 For the Town of Fountain Hills: Rachael Goodwin, Interim Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 6. Transactional Conflict of Interest. All parties hereto acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of Section 38-511, Arizona Revised Statutes. 7. Term and Termination of Agreement. a. Effective Date. This Agreement shall be effective on the date it is signed by the SRPMIC authorized representative. b. Term. This Agreement shall commence upon the Effective Date and shall terminate when the Contribution has been received and fully used by the Town, as specified in Section 2 of this Agreement. c. Termination: The SRPMIC may terminate this Agreement with or without cause at any time by providing the Town five (5) days advance notice in writing. In the event the SRPMIC terminates this Agreement after the Town receives the Contribution but before the Town has disbursed the Contribution to the recipients, the SRPMIC shall include in the notice of termination specific instructions regarding disposition of the Contribution. Page 4 of 6 8. Indemnification. a. Indemnification. Each party (as “Indemnitor”) shall indemnify, defend, and hold harmless the other party (as “Indemnitee”), its governing body, officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands, liens, losses, fines or penalties, damages, liability, interest, attorneys, consultants and accountant fees or costs and expenses of whatsoever kind and nature (collectively referred to as “Claims”), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee resulting from or arising out of the negligence or willful misconduct of the Indemnitor’s employees or agents in performing the duties set forth in this Agreement. b. Severability. This section shall survive termination, cancellation, or revocation whether whole or in part, of this Agreement for a period of one (1) year from the date of such termination, cancellation or revocation unless a timely claim is filed under A.R.S. § 12-821.01, in which case this paragraph shall remain in effect for each claim and/or lawsuit filed thereafter, but in no event shall this paragraph survive more than five (5) years from the date of termination, cancellation or revocation of this Agreement. 9. Interpretation of Agreement. a. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. b. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. c. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the parties as expressed in the recitals contained herein. d. Relationship of the Parties. Neither party shall be deemed to be an employee or agent of the other party to this Agreement. e. Days. Days shall mean calendar days. Page 5 of 6 f. Severability. In the event that any provisions of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, each party agrees to meet promptly upon request of the other party in an attempt to reach an agreement on a substitute provision. 10. Non-Waiver of Sovereign Immunity. Nothing in this Intergovernmental Agreement shall be construed to waive the Sovereign Immunity of the SRPMIC. IN WITNESS WHEREOF, the Town has caused this Intergovernmental Agreement to be approved by the Town Council, executed by its Mayor and attested to by its Town Clerk, pursuant to the above stated powers and authority, and the SRPMIC has caused this Intergovernmental Agreement to be executed by the SRPMIC Council and attested to by its President. This Agreement is effective upon signature of a duly appointed representative of the Salt River Pima-Maricopa Indian Community. IN WITNESS WHEREOF, the Parties have executed this Agreement. SALT RIVER TOWN OF FOUNTAIN HILLS, PIMA-MARICOPA INDIAN COMMUNITY, an Arizona Municipal Corporation: A Federally Recognized Indian Tribe: By:______________________________ By:___________________________ Name:_Martin Harvier ________ Name: Its: President_________________________ Its: Mayor Date: Date: ATTEST: ______________________________ [Insert name, title] Page 6 of 6 APPROVAL OF SRPMIC ATTORNEY The undersigned attorney acknowledges that s/he has reviewed the above Agreement on behalf of the Salt River Pima-Maricopa Indian Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the Constitution of the Salt River Pima-Maricopa Indian Community, Article VII, §1(h). This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. ________________________________ ______________________ General Counsel Date APPROVAL OF CITY ATTORNEY In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that (i) s/he has reviewed the above Agreement on behalf of the Town of Fountain Hills and (ii) as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. By: _______________________________ _______________________ Town Attorney Date ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Public Works Prepared by: David Janover, Town Engineer Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2023-29, abandoning 10' Public Utility and Drainage Easements along the east and south sides of 15483 E Cavern Drive (Application A23-000009). Staff Summary (Background) This is a proposal to abandon the pre-incorporation 10' Public Utility and Drainage Easements along the eastern and southern property lines of Plat 602-A, Block 2, Lot 8 (15483 E Cavern Drive), while retaining the front 10 feet of the southern easement as a Public Utility Easement.  Daniel Piber, the owner of the property, is planning to install an RV gate and retaining wall, which will encroach into the existing easement.  Staff have reviewed the site to determine the potential on-site drainage issues in addition to the Town's general interest in the easement.  There is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that the owner of the lot is required to pass the developed flows generated by the upstream lots across their property.  All public utilities have approved the abandonment of this easement, and SRP has requested that a 10' x 10' Public Utility Easement be retained at the front of the southern easement (adjacent to the street) to accommodate their existing infrastructure.  SRP has acknowledged and will allow the proposed retaining wall to encroach into the 10' x 10' Public Utility Easement being retained. 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 2023-29 SUGGESTED MOTION MOVE to adopt Resolution 2023-29 Attachments Vicinity Map  Aerial Photo Map  Res 2023-29  Exhibit A: Survey  Form Review Inbox Reviewed By Date Development Services Director John Wesley 09/14/2023 02:08 PM Town Attorney Aaron D. Arnson 09/14/2023 04:28 PM Interim Town Manager Rachael Goodwin 09/25/2023 02:20 PM Form Started By: David Janover Started On: 08/28/2023 11:04 AM Final Approval Date: 09/25/2023  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 15483 E Cavern Dr A23-000009 DEVELOPMENT SERVICES A ll that is A r i z o n a F O U N T AIN HI L L S T OWN OF INC. 1989 ZONING: R1-10 LOT 8 LEGEND: PHOTO MAP 2022 AERIAL LOT 7 A23-000009 LOT 9 E C A V E R N D R ABANDON 10' P.U.E. & D.E. RETAIN 10'X10' PUE & ABANDON 10'X10' DE RESOLUTION 2023-29 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE- INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE EASEMENT ALONG THE EASTERN AND SOUTHERN PROPERTY LINES, EXCEPT FOR THE WESTERN 10’ OF THE SOUTHERN EASEMENT, TO BE RETAINED, OF PLAT 602-A, BLOCK 2, LOT 8 (15483 E CAVERN DRIVE) FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 161 OF MAPS, PAGE 42 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 EASTERN and SOUTHERN property lines, except for the front ten feet (10’) of the SOUTHERN easement of Plat 602-A, Block 2, Lot 8 (15483 E Cavern Drive) Fountain Hills, as recorded in the Office of the County Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 42, 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 October 3, 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 8 A23-000009 ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Final Plat for Eagles Nest Parcel 2, a subdivision containing 40 single-family lots and one tract in the R1-43 zoning district. Staff Summary (Background) MJFFH7, LLC is requesting approval of a final plat for Eagles Nest Parcel 2, a subdivision containing 40 single-family detached lots and one tract in the R1-43 Zoning District. Lot sizes range in area between 43,566 to 105,023 square feet. Streets are private and are shown on the plat as Tract A. The primary street is looped and provides two points of ingress/egrees for the neighborhood at Mountain Parkway, which minimizes the potential for blocked access. In addition to the zoning standards for the R1-43 zoning district, the final plat layout is shaped by the amendment to the 2014 settlement agreement between the developer and the Town, which was approved by Town Council on May 16 of this year. The purpose for the amendments was to allow 14 additional lots in Eagles Nest Parcel 2, which was originally planned for a total of 26 lots per the final plat from 2005, which was never recorded. Thus, there is a total of 40 lots in Parcel 2. The amendment also allowed relocation of emergency and utility easements, allowable disturbance and retaining wall construction. Staff find the plat to be in accordance with the recent amendment and the R1-43 zoning district. Related Ordinance, Policy or Guiding Principle Zoning Ordinance, Chapter 10, Single Family Residential Zoning Districts Subdivision Ordinance Resolution No. 2023-20, Amendment to Amended and Restated Final Settlement Agreement Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the Final Plat for Eagles Nest Parcel 2. SUGGESTED MOTION MOVE to approve the Final Plat for Eagles Nest Parcel 2. Attachments Final Plat  Form Review Inbox Reviewed By Date Development Services Director John Wesley 09/20/2023 03:12 PM Form Started By: Farhad Tavassoli Started On: 09/20/2023 12:00 PM Final Approval Date: 09/20/2023  221112 COVER SHEET 1.dgn 8/22/2023 11:05:40 AM 221112 PLAT - SHEET 2.dgn 8/22/2023 9:46:24 AM 221112 PLAT - SHEET 3.dgn 8/22/2023 9:48:01 AM 221112 PLAT - SHEET 4.dgn 8/22/2023 9:47:07 AM 221112 PLAT - SHEET 5.dgn 8/22/2023 9:51:52 AM 221112 DE - SHEET 6.dgn 8/22/2023 9:49:19 AM ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Staff Contact Information: Aaron D. Arnson, Town Attorney Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of a Memorandum of Understanding with the Fountain Hills Youth Substance Abuse Prevention Coalition for the annual distribution of Opioid Settlement Funds for the education and prevention of drug abuse in the town's youth.  Staff Summary (background) In October of 2021, the Town Council approved the Town of Fountain Hills to join the One Arizona Distribution of Opioid Settlement Funds Agreement. The agreement, finalized in 2022, was part of the 2021 National Opioid Settlement, which resolved all opioid litigation from states and local subdivisions against pharmaceutical distributors. Over 18 years, local governments of Maricopa County will receive an estimated 80 million dollars as their share of the settlement. Per the agreement, local governments received a 44/56% split of the total state settlement. The town's share is 0.17% which is based on three factors: (1) the number of opioids shipped to the region; (2) the number of opioid deaths that occurred in that region; and (3) the number of people who suffer opioid use disorder in that region. The Town has already received an initial distribution of $41,418.94 with subsequent annual payments of accumulated settlement collections in June of each fiscal year.  Under the One Arizona Opioid Settlement Memorandum funds must be used for future opioid strategies that are nationally recognized. All local government entities receiving settlement funds, including Maricopa County and its cities and towns, will be required to submit annual reports to the State of Arizona by July 31 of each year, as outlined in the Agreement. Approved uses include evidence-based, evidence-informed strategies regarding:  Treatment of Opioid Use Disorder (OUD) Support for people in treatment and recovery Support for people who have or are at risk of developing Opioid Use Disorder Prevention of overdose deaths and other harms Prevention of opioid misuse The Fountain Hills Youth Substance Abuse Prevention Coalition was founded in 2009 and is a 501c3 nonprofit organization made up of 12 community sector representatives including town leadership, law enforcement, public school district, tribal representatives, healthcare professionals, parents, treatment facilities, and youth participants. The Coalition is a recognized leader in youth drug prevention and awareness efforts with Fountain Hills. Staff recommends distributing the One Arizona Opioid Settlement funds to the Coalition to support the program initiatives and remain in compliance with the settlement requirements. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis One Arizona Opioid Settlement funds must be utilized within the guidelines of the agreement. If funds are not distributed to partner groups that meet these guidelines, the Town will need to institute their own programs or initiatives to adequately meet the settlement requirements.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the MOU with Fountain Hills Youth Substance Abuse Prevention Coalition for the yearly distribution of One Arizona Distribution of Opioid Settlement Funds for the education and prevention of the use and misuse of opioids in our community.  SUGGESTED MOTION MOVE to adopt Resolution 2023-26 for the approval of an MOU with Fountain Hills Youth Substance Abuse Prevention Coalition.  Attachments Resolution 2023-26  Form Review Inbox Reviewed By Date Finance Director David Pock 09/26/2023 09:48 AM Town Attorney Aaron D. Arnson 09/26/2023 09:56 AM Interim Town Manager Rachael Goodwin 09/26/2023 10:48 AM Form Started By: Linda Mendenhall Started On: 09/26/2023 07:41 AM Final Approval Date: 09/26/2023  RESOLUTION 2023-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE FOUNTAIN HILLS YOUTH SUBSTANCE ABUSE PREVENTION COALITION RELATING TO DISBURSEMENT OF SETTLEMENT FUNDS PURSUANT TO THE TERMS OF THE ONE ARIZONA DISTRIBUTION OF OPIOID SETTLEMENT FUNDS AGREEMENT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: Section 1. The Memorandum of Understanding (MOU) with the Fountain Hills Youth Substance Abuse Prevention Coalition relating to the disbursement of settlement funds allocated to the Town of Fountain Hills pursuant to the terms of the One Arizona Distribution of Opioid Settlement Funds for use with youth education and drug prevention measures. The MOU is hereby approved substantially in the form and substance attached hereto as Exhibit A and incorporated herein by reference. Section 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to cause the execution of the MOU and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this 3rd day of October 2023. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Ginny Dickey, Mayor Linda Mendenhall, MMC/Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Interim Town Manager Aaron D. Arnson, Town Attorney Resolution No. 2023 - 26 Page 2 of 2 EXHIBIT A to RESOLUTION NO. 2023-26 (MOU with the Fountain Hills Youth Substance Abuse Prevention Coalition) See following pages. 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE TOWN OF FOUNTAIN HILLS AND FOUNTAIN HILLS YOUTH SUBSTANCE ABUSE PREVENTION COALITION THIS MEMORANDUM OF UNDERSTANDING (this “MOU”) is entered into as of October 3, 2023, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Fountain Hills Youth Substance Abuse Prevention Coalition, an Arizona nonprofit corporation (the “Coalition”). RECITALS A. The Town is the recipient of settlement funds pursuant to the terms of the One Arizona Distribution of Opioid Settlement Funds Agreement (the “Settlement Agreement”), attached hereto as Exhibit A. B. The Settlement Agreement establishes Approved Purposes for the distribution and spending of funds appropriated thereunder and, one of which is support of nonprofit and related organizations that focus on youth education drug prevention. C. The Coalition is a nonprofit corporation the purpose of which is to educate about and prevent the incidence of underage drinking and drug use. D. The Town desires to appropriate funds received under the Settlement Agreement to the Coalition for the purposes set forth in the Settlement Agreement. 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 Coalition hereby agree as follows: 1. Term. This MOU shall be effective as of the date first set forth above and shall remain in full force and effect until two years thereafter (the “Initial Term”), unless terminated as otherwise provided in this MOU. After the expiration of the Initial Term, this MOU may be renewed for up four successive two-year terms (each, a “Renewal Term”). 2. Designated Recipient of Funds. The Town designates the Coalition as a recipient of funds received under the Settlement Agreement for the duration of this MOU. The Coalition acknowledges and agrees that the Coalition may not be the exclusive designated recipient of funds and this MOU does not guarantee the availability or receipt of funds in any Renewal Term. The Town may provide funds periodically and in its sole discretion. 2 3. Fund Distribution. The Town shall provide the Coalition with an initial distribution of $41,418.94. Subsequent annual payments of accumulated settlement collections, if any, shall occur in June of each fiscal year while this MOU is in effect. 4. Purpose. The Parties agree that funds received from the Town may be used for any Approved Purpose(s) as set forth in the Settlement Agreement. 5. Reporting Obligations. The Coalition acknowledges and agrees as follows: a. The Coalition will comply with all audit and reporting requirements set forth in the Settlement Agreement or in any other applicable law or policy. The Coalition is solely responsible for fulfilling any such requirements, and the Town will not be responsible for the Coalition’s failure to fulfill any such requirement. Failure to comply with audit and reporting requirements shall be grounds for immediate termination of this MOU by the Town. b. On or before June 1 during each year that this MOU is in effect, the Coalition shall provide an annual report to the Town, in a written form satisfactory to the Town Chief Financial Officer or his/her designee, of the purpose(s) for which the funds were used and how much was spent during the preceding term. 6. Termination. The Town may immediately terminate this MOU for the Coalition’s violation of any term of this Agreement, including for failure to fulfill its obligations set forth in Section 5, above. Either party may terminate this Agreement for its convenience upon 30 days’ written notice to the other party. 7. Modifications to this MOU. Any amendments or changes to this to this MOU must be in writing and executed by authorized representatives of both Parties. 8. Severability. In the event that any provision or section herein is held invalid or unenforceable, the remaining provisions and sections shall remain in full force and effect. 9. Indemnification. The Coalition shall indemnify, defend, and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with this MOU. 10. Governing Law. This MOU shall be construed in accordance with the laws of the State of Arizona, without regard to conflict of laws principles. 3 11.Entire Agreement. This MOU constitutes the entire understanding between theParties and supersedes any other written or oral agreement between the Parties with respect to the subject matter of this MOU. 12.Further Actions. Each Party hereby agrees to perform any further acts and toexecute and deliver any documents that may be reasonably necessary to carry out the provisions of this MOU. 13.Compliance with All Applicable Law. The Parties agree to comply with all federal,state or local laws, rules or regulations applicable to the subject matter of this MOU. 14.Independent Status. The Parties are independent contractors, and nothing contained in this MOU creates a relationship of partnership, joint venture, agency, or employment between the Parties or any of their employees, officers, agents, or contractors. 15. Execution. This MOU may be executed in one or more counterparts, each of whichwill be deemed to be an original, but all of which together will constitute a single instrument. A signature on a counterpart may be made by facsimile or otherwise electronically transmitted, and such signature shall have the same force and effect as an original signature. Further, this MOU may be retained in any electronic format, and all electronic copies thereof shall likewise be deemed to be an original and shall have the same force and effect as an original copy of this MOU. 16.Israel. The Coalition certifies that it is not currently engaged in, and agrees for theduration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 17.Conflict of Interest. This MOU may be cancelled by the Town pursuant to Ariz.Rev. Stat. § 38-511. FOR THE TOWN OF FOUNTAIN HILLS: FOR THE FOUNTAIN HILLS YOUTH SUBSTANCE ABUSE COALITION: ___________________________________ __________________________________ Rachael Goodwin, Interim Town Manager Tammy Bell, Executive Director ATTESTED TO: APPROVED AS TO FORM: ___________________________________ __________________________________ Linda G. Mendenhall, Town Clerk Aaron D. Arnson, Town Attorney ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 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: Approval of the recommendation for the appointment of a Youth Commissioner to the Community Services Advisory Commission.  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 Community Services Advisory Commission has a vacancy for a Youth Commissioner. Staff would like to move forward with the appointment now instead of waiting for the October recruitment appointment which will take place at the November 21, 2023 meeting. Approving this appointment now will allow the Youth Commissioner the ability to attend the October and November meetings.   The Council Subcommittee for the Boards, Commissions, and Committees held a meeting on September 20, 2023, to interview the students who applied for the vacancy and made a recommendation for appointment to this committee. 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 Subcommittee XXXX Staff Recommendation(s) To approve the Council Subcommittee recommendation as follows: To approve the Council Subcommittee recommendation as follows: Community Services Advisory Commission Appoint _________________________ for a term from 10/3/2023 to 6/30/2024 SUGGESTED MOTION MOVE to approve the Council Subcommittees recommendation for the appointment of a Youth Commissioner to the Community Services Advisory Commission, as presented.   Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 09/21/2023 04:36 PM Finance Director David Pock 09/25/2023 06:29 AM Town Attorney Aaron D. Arnson 09/25/2023 11:39 AM Interim Town Manager Rachael Goodwin 09/25/2023 02:00 PM Form Started By: Linda Mendenhall Started On: 09/21/2023 04:18 PM Final Approval Date: 09/25/2023  ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Extension of a Special Use Permit for residential use in the C-C, Common Commercial, Zoning District at 15006 N. Ivory Dr., case SUP22-000001. Staff Summary (Background) The Town Council considered and approved the request for a Special Use Permit (SUP) for the lot at the northwest corner of El Pueblo Boulevard and Ivory Drive at their regular meeting on September 20, 2023.  The approved SUP will allow up to four dwelling units on the second floor of a two-story, mixed-use building. The applicant has preceded with a formal site plan approval and submittal of the building permit application.  The ordinance requires the building permit application to be submitted within six months of SUP approval and the building permit to be issued within one year.  Extensions may be approved by the Council. The applicant has proceeded through the development process in a timely manner.  Construction plans for the building permit were submitted March 2023.  Plan review was completed by the Town in August 2023 and a permit is ready to be issued.  Following Town review of the application, the applicant learned that the electrical system designed for the building was done incorrectly for a service more than what is needed for this building.  He is in the process of having those plans corrected prior to issuing the building permit. Because he has not received the building permit within the one-year requirement by the code, he has requested to have the SUP extended. A copy of the September 2022 Council report is attached.   Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The applicant has proceeded through the review process in a timely manner.  The Town was ready to issue the building permit when the issue with the design of the electrical system came to light.  Staff supports approval of an extension of this SUP. SUGGESTED MOTION MOVE to approve a six-month extension for SUP22-000001. Attachments Vicinity Map  Site Plan  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 09/20/2023 03:03 PM Form Started By: John Wesley Started On: 09/20/2023 08:43 AM Final Approval Date: 09/20/2023  Vicinity CASE: SUP22-000001 SITE / ADDRESS: 15006 N Ivory Drive APN 176-04-715 REQUEST: Special Use Permit - Mixed Use All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP22-000001SUP22-000001 FO U N T A I N H I L L S B L V D GLENBROOK BL V D EL PUEBLO BLVD AL A M O S A A V E I V O R Y D R E S C O N D I D O D R M I R A G E C R O S S I N G C T SABIN A S D R ALLEY AL L E Y SITE PLAN ELEVATIONS ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: Farhad Tavassoli, Senior Planner Staff Contact Information: Farhad Tavassoli, Senior Planner Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: SPECIAL USE PERMIT request to allow 16 beds at a home for the aged on a 0.37-acre parcel located at the northeast corner of Palisades Blvd. and Westby Drive (16602 E. Palisades Blvd.: APN 176-05-993) in the R-3 Multifamily Zoning District. SUP23-000002. Staff Summary (Background) The owner of the Fountain Manor assisted living home has filed for a special use permit (SUP) to increase the number of beds from 10 to 16, including beds for the live-in caregivers. The facility has been operating as a 4,259 sq. ft., state-licensed, assisted living home since 2005 with a total of 10 patient beds and 2 to 3 live-in caregivers. The Town has allowed these facilities, now known as community residences, by right in all residential zoning districts subject to certain limitations and requirements. The requested increase to 16 beds moves this out of the community residences category and would require a special use permit, as the operation would be characteristically commercial in nature. Furthermore, a facility containing more than 10 beds must meet different licensing prerequisites by the state Department of Health. One such prerequisite is approval for the use from the governing municipality. The home currently consists of 7 bedrooms, a den, living room, family room and a study room. The home originally had a garage, but that was converted to one of the bedrooms.The increase to 16 beds does not entail an expanded building footprint, but does require an expanded parking area to accommodate additional residents, including the live-in caregivers. The increase will also require the placement of an additional bed in each bedroom. Access to the home is provided by a 17-foot wide (approx.) driveway from Westby Drive. The driveway currently has enough space for at least 2 parked vehicles. The driveway would be expanded to include 4 marked parking stalls, including one ADA stall. Parking is currently allowed along Westby Drive, should there be any need for additional short-term parking. The request for the increase represents the maximum number the applicant believes could comfortably be housed in this home.  If an increase is approved by the Town, their next step will be review and approval by the state Department of Health. Citizen Participation Citizen Participation The applicant held a virtual meeting on March 7, 2023 at 5:30 p.m., following their posting of notification letters on February 20. The meeting was attended by one person, who was concerned that the building footprint would increase, which it is not. They also received three emails of opposition. Staff also received three letters of opposition. In addition, staff received two phone calls from residents expressing their opposition. Attached for your review are the applicant’s Citizen Participation Plan, Citizen Participation Report, and all emails received by both the applicant and Town staff in regard to the SUP request. Concerns summarized include increased traffic, parking on the street and neighborhood safety. In response to the concerns that were expressed during the citizen participation process and at the Planning and Zoning Commission meeting, the owner has provided a letter to the Council addressing some of these concerns along with some letters of support from clients who have placed a parent at the assisted care facility. These letters are attached for your review. Analysis The zoning ordinance Section 11.03 allows consideration of certain uses within the multi-family zoning districts with approval of a Special Use Permit (SUP).  Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.  Section 2.02 F. 1. d. of the Zoning Ordinance states:   d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. The Town Council may consider additional details such as visitation hours, traffic impacts, separation from neighboring uses. The property is located in the Neighborhoods character area, under the subarea of "urban residential", an area characterized by a mix of multi-family and small single-family residential development. Such areas "may also contain schools, churches, parks, small office and retail uses at collector and arterial intersections, and other neighborhood serving uses" and are "typically located at arterial and collector intersections." The property is adjacent to Palisades Blvd, an arterial, and is surrounded by mostly commercial and multi-family development. Although Westby Dr. is a local street, it serves a number of condominium homes to the north of the subject property. Given its proximity to Palisades Blvd and neighboring land uses, it is staff's opinion that the bed increase would have minimal impact to the neighboring properties. Furthermore, the applicant will be expanding its on-site parking area to accommodate the increase of live-in caregivers. There will be no expansion to the existing building footprint. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02 - Special Use Permits Zoning Ordinance Section 2.08 Citizen Participation Zoning Ordinance Section 11.03, Uses Subject to Special Use Permit in an M-1, M-2, M-3, R-3, R-4, and R-5 Zoning District General Plan 2020, Section III: Thriving Environment General Plan 2020 Character Areas, Table 1 Character Area Plan   Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) At their regular meeting on May 8, 2023, the Planning and Zoning Commission recommended to DENY the Special Use Permit with 5 to 1 vote, primarily citing concerns over the proposed total number of occupants within the existing livable area. A verbatim transcript has been attached to this staff report for your reference.  It should be noted that when the SUP request was originally advertised for 16 beds before it went before the Planning and Zoning Commission, the number did not include the original proposal for 3 to 4 live in caregivers. The applicant has since decided to reduce the number of patient beds to 14 patients and 2 live-in caregivers.  Staff Recommendation(s) Staff supports a recommendation for approval of this Special Use Permit. SUGGESTED MOTION MOVE to approve/deny the Special Use Permit to allow a home for the aged at 16602 E. Palisades Blvd for up to 16 residents. Attachments Case Map  Project Narrative  Site Plan  Citizen Participation Plan  Citizen Participation Report Redacted  Good Neighbor Statement Redacted  Emails of Opposition Redacted  P&Z Meeting Transcipt  Applicant Explanation and Support Letters Redacted  Form Review Inbox Reviewed By Date Development Services Director John Wesley 09/20/2023 03:08 PM Form Started By: Farhad Tavassoli Started On: 09/20/2023 07:26 AM Final Approval Date: 09/20/2023  CASE: SP23-002 SITE / ADDRESS: 16602 E. Palisades Blvd. APN 176-05-993 REQUEST: SPECIAL USE PERMIT request to allow 16 licensed beds at a home for the aged on a 0.37-acre parcel located at the northeast corner of Palisades Blvd.and Westby Drive (16602 E.Palisades Blvd.:APN 176-05-993) in the R-3 Multifamily Zoning District. Site Location KONTEXTURE architecture | interiors | urban planning 3334 N. 20th Street, Phoenix AZ 85016 T:602.875.6221 F:602.875.6239 www.kontexture.com February 9th, 2023 Project Narrative RE: Fountain View Manor ALH 16602 E. Palisades Blvd. Fountain Hills, AZ 85268 The proposed project at 16602 E. Palisades Blvd., Fountain Hills, AZ 85268 is a single-family residence operating as an Assisted Living Home for the Elderly. We are looking to increase the number of residents from 10 residents to 16, while keeping the residential status and feel of the home. We are providing additional parking to meet the requirements of one parking spot for every four residents. All the residents currently housed are elderly and most of them need assistance with their daily living tasks. The proposed Special Use Permit request is necessary in order to provide the same opportunity to more elderly individuals needing care. Increasing the number of residents will not adversely impact the community since the it will keep it’s residential function and appearance. If you have any questions or comments regarding this design narrative, please contact Daniel Istrate, AIA at 602.875.6231 or daniel.istrate@kontexture.com or Denisa Istrate at 602.875.6235 or denisa.istrate@kontexture.com. Sincerely, KONTEXTURE Denisa Istrate E PALISADES BLVD. R.O.W. 55' - 0" E WESTBY DR. R.O.W. 30' - 0" APN: 176-05-993 R-3 N 69º 21' 52" W 125' N 20º 38' 08" E 110' N 69º 21' 52" W 144.70' N 20º 38' 08" E 75' N 02º 19' 24" E 15' N 2 4 º 3 6 ' 4 3 " W 2 8 . 2 7' BUILDING SETBACK 30' - 0" BUILDING SETBACK 30' - 0" BUILDING SETBACK 10' - 0" BUILDING SETBACK 30' - 0" APN: 176-05-994 APN: 176-05-695 27' - 6" COVERED PATIO 364 SF RESIDENCE 4,229 SF COVERED ENTRY 133 SF EXIST. GATE 7' - 6" 7' - 9" 21' - 3" 19' - 6" 18' - 5" EXIST. GATE 103 TYP 363 TYP 103 TYP 104 TYP 155 155 TYP TYP 104 TYP 104 TYP 103 TYP 103 122 150 TYP 150 TYP 155 TYP W 141 TYP S107 TYP 70' - 1" 76' - 8" 46' - 8" 46' - 5" 31' - 6" 45' - 2" MECH ROOM 45 SF 158 1 2 3 122 1 1 10' - 0" 11' - 0" 18' - 0" 4 10' - 0 "1 1' - 0"5' - 0" 1 8 ' - 0" 113 1 159 159 160 17' - 0" ISTRATE DANIEL 53898 ............. A. S.U. ARIZON . Dat e Signed .O N TAC TEFITI RC IHEC E RED A R T CE STGEIR AEXPIRES:12/3 1/2 0 2 4 0 3 .3 0.2 0 2 3 DRAWING NUMBER PROJECT NUMBER SCALE DRAWING TITLE KEYPLAN SEALS AND SIGNATURES ISSUED FOR REV DATE Pl o t D a t e : FO U N T A I N H I L L S 16 6 0 2 E P A L I S A D E S B L V D FO U N T A I N H I L L S , A Z 8 5 2 6 8 AP N 1 7 6 - 0 5 - 9 9 3 KONTEXTURE, LLC ARCHITECT 3334 E. 20TH STREET PHOENIX, AZ, 85016 602.875.6221 K O N T E X T U R E ar c h i t e c t u r e | i n t e r i o r s | u r b a n p l a n n i n g 1" = 10'-0" 4/ 2 6 / 2 0 2 3 1 2 : 4 2 : 2 6 P M SITE PLAN A0.2 23-009 PROJECT INFO 1" = 10'-0"1 SITE PLAN 103 PROPERTY LINE. 104 BUILDING SETBACK. 107 EXISTING SEWER LINE. 113 CONCRETE DRIVEWAY ENTRANCE/EXIT. 122 VISITOR PARKING. 141 WATER METER. 150 EXISTING SIDEWALK. 155 EXISTING 6'-0" BLOCK FENCE. 158 EXISTING STREET CURB. 159 CURB CUT. 160 EXISTING LANDSCAPE. 363 METAL FRAME GATE. KEYNOTES VICINITY MAP PROJECT LOCATION LEGAL DESCRIPTION BEGINNING AT THE SOUTHEASTERN MOST CORNER OF LOT 4; THENCE N 69-21-52 W, 125.00 FEET; THENCE NORTHWESTERLY 31.42 FEET ON A CURVED ARC CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE N 20-38-08 E, 75.00 FEET; THENCE NORTHEASTERLY 15.00 FEET ON A CURVED ARC CONCAVE TO THE EAST HAVING A RADIUS OF 370.00 FEET; THENCE S 69-21-52 E, 144.70 FEET; THENCE S 20-38-08 W, 110.00 FEET TO THE POINT OF BEGINNING; CONTAINING 15,862.64 SQUARE FEET MORE OR LESS, SUBJECT TO ALL EXISTING EASEMENTS. APN: 176-05-993 ZONING:R-3 STR:15 3N 6E PUC:1960 MCR:378-09 LOT:4A SUBDIVISION:FOUNTAIN HILLS AZ FP 102 LOT 4 BLK 2 REPLAT SETBACKS: FRONT:-30'-0" SIDES:-10'-0" STREET SIDE: -30'-0" REAR -30'-0" BUILDING HEIGHT ALLOWED -30'-0" BUILDING HEIGHT PROPOSED -25'-0" @ 1 STORY SITE INFORMATION LOT AREA:= 15,952 SF COVERAGE:-Covered Entry = 133 SF -Covered Patio = 364 SF -Livable = 4,229 SF -Mech Room = 45 SF -Total building footprint : 4,771 SF / 15,952 (x100) = 29.90% lot coverage MAX LOT COVERAGE ALLOWED: 50% CITY COMMENTS 1 03.29.2023 KONTEXTURE architecture | interiors | urban planning 3334 N. 20th Street, Phoenix AZ 85016 T:602.875.6221 F:602.875.6239 www.kontexture.com February 9th, 2023 Citizen Participation Plan RE: Fountain View Manor ALH 16602 E. Palisades Blvd. Fountain Hills, AZ 85268 Fountain View Manor ALH Special Use Permit Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, and nearby neighborhood associations of the special use permit application to increase the number of residents at this Assisted Living Home from 10 residents to 16. This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Applicant: Simona Tolan 16602 E. Palisades Blvd. 480-886-1761 tolansimona@gmail.com Location: The property being considered for this SUP is located at the northeast corner of E. Palisades Blvd. and E. Westby Dr. Action Plan: In order to provide effective citizen participation in conjunction with this application, the following actions will be taken to provide opportunities to understand and address any real or perceived impacts of the development that members of the community may have. 1. A contact list will be developed for citizens and HOA’s within 300’ of the project location. 2. All persons listed on the contact list will receive a letter describing the project, site plan and invitation to a neighborhood meeting to be held virtually. • The meeting will be an introduction to the project, and opportunity to ask questions and state concerns. A sign-in list will be used and comment forms provided. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report. 3. Presentations will be made to groups of citizens or neighborhood associations upon request. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report. 4. An email will be sent to the case planner following the scheduled meeting, and at any other time there is significant input, to inform the staff of the progress of implementing the Plan. Schedule: Mail letters by February 20, 2023 First neighborhood meeting March 7th, 2023 KONTEXTURE architecture | interiors | urban planning 3334 N. 20th Street, Phoenix AZ 85016 T:602.875.6221 F:602.875.6239 www.kontexture.com March 10th, 2023 Citizen Participation Report RE: Fountain View Manor ALH 16602 E. Palisades Blvd. Fountain Hills, AZ 85268 Fountain View Manor ALH Special Use Permit Overview: This report provides results of the implementation of the Citizen Participation Plan for Fountain View Manor ALH. This site is located at 16602 E. Palisades Blvd. This report provides evidence that citizens, neighbors and interested persons have had adequate opportunity to learn about and comment on the proposed plans and actions addressed in the application. Comments, sing-in lists, and emails are attached. Applicant: Simona Tolan 16602 E. Palisades Blvd. 480-886-1761 tolansimona@gmail.com Contact: Kontexture, LLC Denisa Istrate 3334 N. 20th Street Phoenix, AZ 85016 602-875-6235 denisa.istrate@kontexture.com Neighborhood Meeting: 1. March 7th, 2023 – Virtual, GoTo, at 5:30 PM – 2 citizens in attendance • Simona Tolan, Owner – 16602 E. Palisades Blvd. • Bob Jensen, Neighbor – ; Their only concern was if the building is increasing in size, which is not. Correspondence: 1. Letters mailed to contact list (82) on February 17th, 2023 to all property owners within 300’. KONTEXTURE architecture | interiors | urban planning 3334 N. 20th Street, Phoenix AZ 85016 T:602.875.6221 F:602.875.6239 www.kontexture.com Results: There are 82 persons on the contact list as of the date of this Citizen Participation Report. Emails received are attached. 1.Summary of concerns: •Increased traffic •Parking on the street •Increase in square footage of the home. •Congestion and safety for the condos nearby. 2.How concerns, issues and problems were addressed: •The increase in residents will have very little impact on the traffic. Since we are only adding 6 more residents, live-in staff will increase, which means that they won’t be commuting every day to add to daily traffic. Also, the same nurses and medical staff that needs to come in sporadically, will be providing for the new 6 residents. •We are providing 4 parking spots on our property, and that will suffice for the number of visitors we have. •There is no increase of the building footprint or square-footage of the home. •The proposal of the addition of 6 new residents will have very little impact on the congestion of the nearby area. These residents do not travel or are in and out of the home. They all need care and supervision and most of them are disabled or bed- bound, therefore they will mostly be inside, getting care from the live-in staff. 3.Concerns, issues, and problems not addressed and why: •Applicant has very little control over the traffic and vehicles parked on E. Westby Dr. We will post a sign for our visitors to park in the available parking spots on our property, but there are condos on Westby Dr. that also have visitors or residents that park on the street. 1 denisa.istrate@kontexture.com From:Paul & Sharon Fogtmann <> Sent:Tuesday, March 7, 2023 8:40 AM To:denisa.istrate@kontexture.com Cc:sandigundberg@gmail.com; ssarle@juno.com; cbulg7@aol.com Subject:Sup23-000002 16602 E Palisades Blvd Flag Status:Flagged Hello,    We are owners in Windstone Casitas that is adjacent to the property in question.     We are opposed to the Special Permit being filed with the Town of Fountain Hills (SUP23‐000002 with the property in  question located at 16602 E Palisades Blvd in Fountain Hills.    Our reasons are as follows:    1.  There are already numerous vehicles parked on E WESTBY Dr that belong to caregivers currently working at this  residence. Not only will there be more cars for residents but there will be additional cars for added caregivers at this  residence.     2. The footprint would change as this higher density proposal is not in line with current zoning of this area    3.  We are very worried about congestion and safety as this is a corner lot close to our condo.     We are therefore OPPOSED to this Special Use Permit.    We just received this notice today in the mail and were stunned to see the meeting was today. We are unable to attend  this meeting as we are busy at that time.   Please acknowledge that you have received this email.     Regards    Paul & Sharon Fogtmann    Fountain Hills, Az. 85268        1 denisa.istrate@kontexture.com From:Cheryl Bulger <c > Sent:Tuesday, March 7, 2023 9:01 AM To:Paul & Sharon Fogtmann Cc:denisa.istrate@kontexture.com; Subject:Re: Sup23-000002 16602 E Palisades Blvd Attachments:image0.jpeg We as Homeowners at 16631 e Westby  #207 never received a letter!  But 100% agree with the above letter from the Fogtmann's  Not a spot for a business in a place that was built for a family. Not an overcrowded business  John & Cheryl Bulger    On Tue, Mar 7, 2023, 8:40 AM Paul & Sharon Fogtmann <> wrote:  Hello,    We are owners in Windstone Casitas that is adjacent to the property in question.     We are opposed to the Special Permit being filed with the Town of Fountain Hills (SUP23‐000002 with the property in  question located at 16602 E Palisades Blvd in Fountain Hills.    Our reasons are as follows:    1.  There are already numerous vehicles parked on E WESTBY Dr that belong to caregivers currently working at this  residence. Not only will there be more cars for residents but there will be additional cars for added caregivers at this  residence.     2. The footprint would change as this higher density proposal is not in line with current zoning of this area    3.  We are very worried about congestion and safety as this is a corner lot close to our condo.     We are therefore OPPOSED to this Special Use Permit.    We just received this notice today in the mail and were stunned to see the meeting was today. We are unable to attend  this meeting as we are busy at that time.   Please acknowledge that you have received this email.     Regards    Paul & Sharon Fogtmann    Fountain Hills, Az. 85268        m m m m V   1 denisa.istrate@kontexture.com From:Farhad Tavassoli <ftavassoli@fountainhillsaz.gov> Sent:Tuesday, March 7, 2023 4:36 PM To:denisa.istrate@kontexture.com Subject:FW: Special Use Permit Flag Status:Flagged Denisa,    You may want to reach out to Ms. Sarle, as she says her email to you had bounced back. Below is her email to me.    Thanks,    Farhad Tavassoli, AICP, CFM  Senior Planner  Town of Fountain Hills  (480) 816‐5139    ‐‐‐‐‐Original Message‐‐‐‐‐  From: Marla Sarle <>  Sent: Tuesday, March 7, 2023 4:27 PM  To: Farhad Tavassoli <ftavassoli@fountainhillsaz.gov>  Subject: Special Use Permit    EXTERNAL EMAIL    To the Fountain Hills City Council:    I would like to state my strong disapproval of this permit. The traffic on E. Westby is already very busy and way too fast  with no traffic control. Too Many cars parked on the street make it difficult to exit driveways. The fact that there is NO  CROSSWALK y yHighpointe hacross Palisades at Westby is a very dangerous situation (this situation is a disaster waiting  to happen).  We do not need more traffic and cars parked in this area.    Sincerely,  Marla Sarle        Sent from my iPad    ________________________________  Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be  considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39‐121). Town employees,  town public officials, and those who generate email to them, should have no expectation of privacy related to the use of  this technology.  April 25th, 2023 Good Neighbor Statement RE: Fountain View Manor ALH 16602 E. Palisades Blvd. Fountain Hills, AZ 85268 My name is Simona Tolan, owner of Fountain view Manor ALH, located at 16602 E. Palisades Blvd., Fountain Hills, AZ 85268. My cell phone number is 480-226-1761 and my email address is tolansimona@gmail.com. I am available to answer any questions you might have about my business at this phone number and email. Through this letter, I commit to place emergency contact information on the property in a location that is visible to the public. I am the emergency contact and the number and email above apply here as well. There will be designated four parking spots on the property, to address the parking issue that was raised by the neighborhood and ensure to let our visitors know that they need to park either on our driveway or the designated parking spots to avoid any negative impact to the neighborhood. We are open and available to answer any questions or concerns and thrive to accommodate any suggestions from the neighbors in the eventuality of any conflict. The neighbors can contact me at my cell phone number or through email and we will answer to the best of our abilities. The home has been open to elderly residents at this location for twenty years and we are integrated in the neighborhood. The addition of 6 more residents will not impact the surrounding neighborhood. The steps we are taking to mitigate any concerns are to provide parking spots on our property and ensure that our visitors park in the designated parking spots. Sincerely, Simona Tolan Fountain View Manor ALH - Owner From:Steve To:Farhad Tavassoli Subject:SUP 23-000002 Date:Tuesday, March 7, 2023 9:24:37 AM EXTERNAL EMAIL I’m a resident of Condos two doors down from this property. I strongly object to this request. Traffic parking and overall congestion near the corner will be overwhelming to local residents and visitors. Thanks in advance for considering my concerns. Steve and Marla Sarle Fountain Hills Sent from my iPhone From:Marla Sarle To:Farhad Tavassoli Subject:Special Use Permit Date:Tuesday, March 7, 2023 4:27:10 PM EXTERNAL EMAIL To the Fountain Hills City Council: I would like to state my strong disapproval of this permit. The traffic on E. Westby is already very busy and way too fast with no traffic control. Too Many cars parked on the street make it difficult to exit driveways. The fact that there is NO CROSSWALK y yHighpointe hacross Palisades at Westby is a very dangerous situation (this situation is a disaster waiting to happen). We do not need more traffic and cars parked in this area. Sincerely, Marla Sarle Sent from my iPad From:Paul & Sharon FogtmannTo:denisa.istrate@kontexture.com Cc:Subject:Re Sup23 000002 16602 E Pal sades B vdDate:Wednesday March 15 2023 8:22:06 AM EXTERNAL EMAIL Hello, Simply said this is a for profit business. From what I ve checked online Fountain View Manor located at 16602 E Palisades Blvd, Fountain Hills, AZ 85268 currently takes care of ten residents atapproximately $3200/month for each resident resulting in gross income of $32,000 per month. You are looking to increase your return on investment and would prefer to take in $51,200 based on sixteenresidents. Graph attached below. You have no concern for the community around you as simply put this is a business for you. Your comment about about control of traffic and cars on E Westby makes no sense. Yes, as you say caregivers do stay the night but they have to get to your care facility and need to park. Increasing resident numbers from 10 to 16 will impact our community. That is an increase of 60% and for you it is the bottom line. The bottom line is PROFIT! As a resident of Windstone Casitas we are against your special use permit. Paul & Sharon Fogtmann On Mar 13, 2023, at 5 49 PM, denisa.istrate@kontexture.com wrote Hello Thank you for sending in your concerns. I would like to respond to your concerns as follows 1. The caregivers working at this home are live-in and do not drive or park on the street. Also if they own a car there are available spots on our property for them to park their cars. We are providing 4 car parking spots on our property to avoid anyone parking on the street. The increase in residents will have very little impact on the traffic. Since our staff is live-in they will not be commuting every day to add to daily traffic. Also our residents do not leave the home unless is for a doctor appointment which is very rarely. They do not move in with cars that will need to be parked. 2. The footprint of the home will not change. We are not making any additions or changes to the residence. 3. We have very little control or impact on traffic and vehicles parked on E. Westby Dr. We will post a sign for our visitors to park in the available spots on the property but there are condos on Westby Dr.that also have visitors or residents that contribute to the traffic or the issue of parking on the street. I just want to mention that this is not a business in the traditional sense and is a care home that provides care and housing to the elderly. The elderly are most often disabled or bed-bound. This is allowed in the current zoning. We are not asking to change the zoning or increase the size of the home. The owner will be able to provide for 6 more residents without having to add to the size of the house or impact traffic patterns. I hope that I was able to respond to your concerns and clarify the nature of our request. If you have any more questions we are happy to respond! Thank you Denisa IstrateOffice managerKONTEXTURE, LLC3334 N. 20th StreetPhoenix, AZ 85016P.602.875.6221D.602.875.6235F.602.875.6239www.kontexture.com From: Paul & Sharon Fogtmann Sent: Tuesday March 7 2023 8 40 AM To: denisa.istrate@kontexture.com Cc:Subject: Sup23-000002 16602 E Palisades Blvd Hello We are owners in Windstone Casitas that is adjacent to the property in question. We are opposed to the Special Permit being filed with the Town of Fountain Hills (SUP23-000002 with the property in question located at 16602 E Palisades Blvd in Fountain Hills. Our reasons are as follows 1. There are already numerous vehicles parked on E WESTBY Dr that belong to caregivers currently working at this residence. Not only will there be more cars for residents but there will be additional cars for added caregivers at this residence. 2. The footprint would change as this higher density proposal is not in line with current zoning of this area 3. We are very worried about congestion and safety as this is a corner lot close to our condo. We are therefore OPPOSED to this Special Use Permit. We just received this notice today in the mail and were stunned to see the meeting was today. We are unable to attend this meeting as we are busy at that time. Please acknowledge that you have received this email. Regards Paul & Sharon Fogtmann Fountain Hills Az. 85268 <image001.jpg> 1 Farhad Tavassoli From:Carolyn Bischof <> Sent:Thursday, August 31, 2023 8:02 AM To:Farhad Tavassoli Subject:Case#SUP23-003 EXTERNAL EMAIL Farhad Thavassoli, AICP, CFM Senior Planner: We as homeowners at are disapproving of the single family residence that seems to be turning into a Business operaƟon in OUR residenƟal area. We do not need more congesƟve traffic in this area & intersecƟon!! We elderly residence NEED to be taken CARE of as well!!! Homeowners, David & Carolyn Bischof Sent from my iPhone 1 Farhad Tavassoli From:Cheryl Bulger < Sent:Tuesday, August 29, 2023 11:40 AM To:Farhad Tavassoli Subject:special permit issue EXTERNAL EMAIL We have recieved another letter on the on going Special permit you are asking many of us for a positive answer which is a No vote from us! The traffic is to heavy for any additional cars and visitors for your the Business you are running with the Elderly Home and the caregivers. This was a residential home next to the only other home next to that...No place for a buisness!! All the condos and apartments keep that street very busy with traffic and parking. We have MANY times asked for speed bumps to eliminate the fast moving cars that occur and was always denied. So thank you for sending a letter to let us give our oppinion WE VOTE NO!! John and Cheryl Bulger Fountain hills az. 1 Farhad Tavassoli From:Debbie Huberty Sent:Tuesday, August 29, 2023 5:33 PM To:Farhad Tavassoli Subject:Special Use Permit for SEC of Palisades Blvd & Westby Drive (SUP23-003) EXTERNAL EMAIL Farhad Tavassoli, Senior Planner Planning and Zoning Division Development Services Department Town of Fountain Hills, AZ Dear Farhad, We are residents at . We are very concerned about the proposed change in use of the property at 16602 East palisades Boulevard. We do not see the benefit to the neighborhood and see multiple negative impacts to immediate neighbors, other residents in the general area, and to the Town as a whole should the renewed application for a special use permit be approved. Our objections to the proposed change in use are: 1. This is not in keeping with the overall character and uses of the Westby Drive neighborhood. This changes the south end of the Westby neighborhood from residential to commercial or institutional. 2. The address of the development is on Palisades but the entry to the site and the real impact of the proposed conditional use is on Westby.Drive. 1. The loss of landscape buffers is on Westby; 2. The increase in surface paving is along Westby; 3. The access to the site by visitors and employees is along Westby; 4. Shuttling of employees from remote parking (as suggested in previous rejected applications) puts traffic from shift changes along Westby. 3. The density of use proposed in the application adds to congestion at the intersection of Palisades and Westby. 1. This is the intersection of a residential street and a major arterial road. Turns from westbound Palisade on to Westby have to deal with cross traffic, high levels of pedestrian movement, and, on many occasions, ambulances providing emergency services to current residents. With more residents proposed, we would assume an increase in the number of workers, visitors, residents, and others accessing the site adding to the safety concerns for neighbors and both pedestrians and motorists along Palisades. 2. Walkability from the Westby neighborhood would be sacrificed in favor of access to the proposed conditional use. 4. The floor plans lack specificity. Without identification of beds and with no clear indication of limits on a future number of residents, we are not convinced that the applicant will not be back at some point in the future requesting additional permissions. Our understanding is that this applicant was already denied a condition of use of the site for a 10-bed unit. 5. The Town of Fountain Hills has an identity based on quality of life. There are many other, more suitable sites for the uses proposed by the applicant that will provide the residents of such a complex the quality of life one associates with Fountain Hills without compromising the quality of life enjoyed by current residents. Blurring the line between established residential uses in favor of a drastically different density of use would undermine the clarity and effectiveness of the Town's ordinances, 2 This is not the only property available in Fountain Hills. There are many sites available for development or redevelopment that would afford the applicant the opportunity to provide assisted living services without the adverse impacts entailed in theith current proposal. Lastly, we appreciate the efforts the Town has made to contact area property owners. Best regards, Joe and Debbie Huberty Fountain Hills, AZ 85268 1 Farhad Tavassoli From:Claudia Walker < Sent:Tuesday, August 29, 2023 3:45 PM To:Farhad Tavassoli Subject:Case#SUP23-003 EXTERNAL EMAIL In response to the prospectus letter regarding rezoning; 1. Location. The existing corner site is now congested with street parked cars, condo guest parking, traffic turning onto and off of thoroughfare Palisades onto Westby which is a busy multi-residential street. There is a blind curve onto Westby Dr. that makes seeing on coming traffic limited. Narrowing Westby Dr with cars parked on both sides and traffic turning into and off of Palisades not possible. 2. Medical & emergency traffic. Visiting medical staff will add additional congestion and first responders will necessarily need to park in the middle of the street. 3. Footprint. There is no mention of additional square footage being added. It is impossible to read your printout of general notes on the floor plan page. If the FHFD has ok'd the number of beds stated in the space allotted I am shocked. 4. Residential vs. Business. You are trying to put a full fledged business operation in a residential area. For the above stated reasons and not addressing the issue of area property values and the hideous thought of infirmed individuals crammed into a residential house is sickening, we as property owners object to the proposed change. A side note; last year a resident of the home walked out the front door, down the street with her Walker, crossed the street, walked up our driveway and subsequently ended up bu our pool fence, fallen over onto the ground into the shrubs covered by ants and unable to get up. We happened to hear her crys for help and Jim being ret PFD helped her. It could have been so much worse. James and Claudia T Walker Westby Towers condominiums Fountain Hills AZ 85268 TOWN OF FOUNTAIN HILLS Page 28 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 28 of 72 DEMPSTER: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Nay. WOODWARD: Chairman Gray? GRAY: Aye. WOODWARD: Five, one. GRAY: Thank you, Paula. Okay. In our reorder here, Farhad's up. We're going to move up the agenda to agenda item number 6. Public hearing and consideration on the special use permit 23-0 -- a lot of zeroes and a two at the end. Farhad, let's give the room just a minute to clear. Farhad, your presentation, please. TAVASSOLI: Very good. All right. Thank you, Mr. Chairman and members of the commission. I'm going to speak as closely as I can into this microphone. So as you said Mr. Chairman, this is a special use permit request before you for a 16-bed home for the aged. The site is at the northeast corner of Westby and Palisades Boulevard just north of here. The -- sorry, as you can see here outlined in red, it's a little over a third of an acre. Now, it is important to note that currently this home, which is about 4,500 square feet is currently operating as an assisted living facility for the elderly, with a total of ten beds. Now granted that certain distance requirements are met, and more specifically distance requirements between other assisted living facilities that exceed no more than ten beds, this is a use that's currently allowed by right. It has been licensed as a ten-bed assisted living facility since 2005, as our records indicate. And so once we go above ten beds, that's when it becomes more commercial in character. Thus it comes before you today as a proposed 16-bed facility, in the case which a special use permit would be required. A little bit about the zoning. The property itself is zoned R-3, which is one of the several multi-family designations. As are the properties to the north and east, and to the west as well, across the street from Westby. To the south you have the Heavenly development that's, for the most part, complete as well as the Bash Center and the CVS facility -- CVS store rather, here, catty corner to the site. TOWN OF FOUNTAIN HILLS Page 29 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 29 of 72 And again, as I mentioned, this is a special use permit for a home for the aged. The applicant is requesting six additional beds for a total of 16 altogether. I may have said earlier it's about 4,500 square feet. It's actually a little bit less than that. And currently there are two to three live-in caregivers at the facility given -- depending on the level of service that is needed. With a special use permit for the 16-bed total there would be a total of three to four live-in caregivers to accommodate the patients. GRAY: Farhad -- TAVASSOLI: Yes. GRAY: Just so we don't have to come back. Is 16 total occupancy inclusive of the caregivers or is it 16 plus the three to four? TAVASSOLI: This is only for the beds for the patients, the elderly. GRAY: Okay. TAVASSOLI: Yeah. Am I correct in saying that? Yes. And so again, the state oversight here requires that these beds be licensed. And one of the prerequisites for licensure for the 16 beds is that the applicant receive approval from the governing jurisdiction. This is a closer look at the subject property. Now, I should state that the applicant is not requesting any additions. So the building footprint will not be expanded upon. There are about -- if I remember my count correctly, about seven bedrooms currently in the facility. Eight? I beg your pardon, eight bedrooms aside from a kitchen, a great room, and living room. The only change that would be required is accommodation for the additional parking that would be required for the live-in caregivers. And so you take a look at the property, right now there is a driveway leading into the site, with a rather small area for parking. This driveway, just by way of reference, I measured to be approximately about 17 feet wide. And so you see a rather large concrete pad for the cars that would be parking there, particularly for the live-in caregivers. If you look at the slide that will follow, the applicant has provided a drawing in which they will be providing some additional parking spaces for the live-in caregivers. And incidentally, the required parking for nursing home, convalescent home, home for the aged as in this case, if you look at the parking section of the zoning ordinance, the requirement is one space per four beds. So with 16 beds, this meets the parking requirement; at least, for the onsite requirement. TOWN OF FOUNTAIN HILLS Page 30 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 30 of 72 Westby Drive, incidentally, parking is allowed on Westby Drive. There are no no parking signs currently, at least in this stretch of Westby Drive. What I should mention before going to these review standards, the applicant did conduct a virtual meeting, I believe the date was March 7th, for the citizen participation requirement required of the applicant, in which there was one member as you see in the citizen participation report. There was one member that attended that meeting. Apparently that member was concerned about any kind of building footprint expansion and the applicant clarified that there will not be. However, there were about three emails, exactly three emails, actually, that staff received or either was copied on and each expressing opposition to the request. Some of the -- well, primary concerns were parking and traffic and drop-off and things like that. And since this was in participation component the staff also received two additional emails. I believe those two were from the same folks that were included in your staff reports as well. So section 2 establishes standards for review and some of the things that the Commission can consider are -- or should consider is the nature of the use, any special conditions; in this case there should be -- one should be attentive to visitation hours. I'm told that the applicant has said to me, just briefly before the meeting that visitation takes place any time before 8 and 6 -- 8 in the morning to 6 p.m. daily. And then traffic impacts and influence on adjacent uses. And as John said with his presentation, really, the question is does the special use request, is it a detriment to the health and safety and general welfare of the public. Now, it's staff's recommendation that the use is compatible with the adjacent land uses. It's consistent with the 2020 general plan in terms of the neighborhood character in this case, which is urban residential. The parking area as you saw will be expanded. That is really the only modification that will be made to the exterior of this site. If the special use permit plan is approved the applicant does plan to make some modifications to the interior but that would be a tenant improvement. And also there are -- there's no, as I mentioned, no building expansion proposed in this case. So with that I'll conclude my presentation and open up to discussion points or questions you might have. TOWN OF FOUNTAIN HILLS Page 31 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 31 of 72 GRAY: Commissioners? COREY: I do just have one question for clarification. I'm trying to do the math on the parking and our ordinance of -- what did you say it was? One park per four beds? TAVASSOLI: Correct. COREY: So we have 16 beds for -- 16 residents. But there are caregivers that are onsite as well. TAVASSOLI: Correct. COREY: So aren't there more than 16 beds? That's what I'm trying to understand. There's 16 for the residents and are there three more for caregivers? Or is it 16 in total? TAVASSOLI: If I understand you correctly, all the -- COREY: Maybe I'm just not understanding that part. GRAY: Yeah, our table doesn't account for it that way. COREY: Okay. DEMPSTER: The parking is just for the caregivers. TAVASSOLI: Oh, Mr. Chairman, Commissioners -- DEMPSTER: Correct? TAVASSOLI: -- the parking standards don't clarify whether or not the parking -- who the parking is intended for. It is assumed that the patients won't be -- COREY: Driving? TAVASSOLI: -- driving vehicles. At least not on a daily basis. But it is a good assumption that it is intended for the live-in caregivers. COREY: Okay. GRAY: Thank you. Commissioner Watts? WATTS: Farhad, do you -- when we pull up the building permit for remodel, are the plans to update anything to make it current with normal code requirements? So everything has to come up to code for the remodel? TAVASSOLI: Yeah, that's correct. WATTS: So in this case, I don't see any documentation that was supplied or provided by the applicant that would be consistent with the requirements for a community home, community assisted living. And there was a plethora of -- in Section E, I think it's E-13, there's a list of requirements are necessary, including financial. Is there a financial TOWN OF FOUNTAIN HILLS Page 32 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 32 of 72 hardship? Is there a reason why there needs to be inclusion? So that's one, you may or may not be able to answer. Two, it looks to me, based upon the plan that the building already encroaches into the setback areas. In footnote 104, and there's a lot of encroachment. Is there a percentage of coverage in the building envelope that is allowable? And it looks like this building has already exceeded that pretty significantly. TAVASSOLI: Mr. Chairman, Commissioner Watts, the lot coverage percentage limit for an R-3 property is 50 percent. So that's about a -- a little over a third of an acre, so it would be -- WATTS: So you're -- TAVASSOLI: I believe it -- WATTS: I think you're pretty close. TAVASSOLI: Yeah. WATTS: But you're already encroaching into the setbacks. TAVASSOLI: It is encroaching in the setbacks. It is a nonconforming building and my last check it has been there since the early 2000s. WATTS: Right. TAVASSOLI: I don't know for what reason it was approved -- WATTS: And -- TAVASSOLI: -- under what conditions, I'm not sure. WATTS: To Commissioner Corey's question about, does it include the caretakers? If you have one parking space for every four residents regardless of their capacity to drive or not, you need additional parking spaces for caregivers and that's going to be on the street, isn't it? You have no choice really. TAVASSOLI: Right. The applicant is -- WATTS: You're stuck? TAVASSOLI: -- likely as much -- yes. WATTS: Okay. TAVASSOLI: -- it's possible here. WATTS: Because I think you're going to end up with, if you have two to three and right now if you have two for ten people and you use that equation and then if you add six TOWN OF FOUNTAIN HILLS Page 33 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 33 of 72 more you're probably going to have probably a 60 percent increase and maybe even a three -- you're going to end up with five caretakers, maybe even six caretakers. And then you go back to quality of life. If you skimp on the caretakers, it's something that I know doesn't come into the building department necessarily, but it's something that I would definitely take into consideration as far as quality of life and the caregivers' ability to provide that quality of care for the residents. So thank you. TAVASSOLI: Yeah. Mr. Chairman, Commissioner Watts, if I just -- I believe the state and perhaps the applicant could be more specific, but I think the state would have a minimum number of caretakers required for number of -- depending on the number of beds or number of patients. Whether that's actually -- WATTS: I hate to defer to the minimum number. TAVASSOLI: Right. WATTS: You know, again, it goes back to the quality of care. The minimum number for what the residents and fortunately or otherwise, I've got first-hand experience with caregivers and there's a premium price that goes along with that quality of care. GRAY: Vice Chair? SCHLOSSBERG: Quick question on the footprint. So I'm looking at the footprint up there and I'm looking at -- also looking at the aerial, and the 4,259 -- is this all on one level or is there a basement or -- it's all one level? TAVASSOLI: It is all one level, correct. GRAY: They converted the garage. TAVASSOLI: The garage has been converted. SCHLOSSBERG: Okay. TAVASSOLI: Yes. There is a rolling door that you can see on the facade, but it has been converted to one of the bedrooms. SCHLOSSBERG: The garage? Okay. Thank you, sir. GRAY: Farhad does fire marshal weigh in on this scenario on occupancy? And we're down to circa 200 square feet per bed. Might put everything in hospital ratios, so 140, 150 square feet per patient room, plus all the staff support and adjacencies for supplies and so on and so forth; this is tight by my programing. So what's the fire marshal think? TAVASSOLI: Mr. Chairman, Commissioners the fire marshal is involved in the TOWN OF FOUNTAIN HILLS Page 34 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 34 of 72 review -- the administrative review process early on and he has actually signed off on the proposal without any comments. GRAY: Okay. And then I also have the same general question as Commissioner -- I think Commissioner Watts asked. Since the adoption of our community residence guidelines, this would have -- and correct me if I'm wrong here, but this would have been considered a nonconforming use upon adoption. Now, going forward, does this application not need to conform to all of those criteria? TAVASSOLI: John's coming here to say a few words. WESLEY: Chairman, with this application, with the special use permit, they're moving from being a community residence to an institutional use. So no, those regulations don't apply to this with the special use permit. So it has been a group home where our community residents, under its current configuration, that's what they've been licensed as at the ten units. But by going higher than that, they're no longer in that category. They're moving to a different category in the zoning ordinance and that's why they're here requesting a special use permit. GRAY: But doesn't that take you into an high-occupancy category? WESLEY: That's a building permit question you'd have to ask the building official. WATTS: Commissioner Gray, wouldn't it just be common sense that if we're ask it for 10, we're going to ask it 16, it's the exact same thing. GRAY: It's exponentially more worthy of asking, this time. WESLEY: So this -- WATTS: I agree. WESLEY: -- moves in into a similar category to a Morning Star or a Fountain Dew Village, that type of operation which isn't a residential facility at all. It's now a commercial facility that needs a special use permit in the zoning district. GRAY: And it's not our lens to ask the engineering questions presumably? In that, I mean, simply put this is a residence converted and now becomes, I'll say it's a I- occupancy, because that's what it is. So plumbing design was designed as single-family et cetera. WESLEY: When they request their building permit to upgrade the facility to rearrange it, that all had to be all part of those reviews before they could get a permit issued. TOWN OF FOUNTAIN HILLS Page 35 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 35 of 72 GRAY: And do we know that -- you read through the packet on this one and it's all kind of geared towards the impact on the adjacent community. Which this is a zoning hearing, so I understand that certainly. But Commissioner Watts -- or sorry, maybe it was Commissioner Corey, raised kind of that quality of care component. And I just think back to when we went through the whole community residence deliberations and we really did try and weave as much of that quality of care piece in as we possibly could. Down at 200 square feet per resident. I guess, I have questions on is the overnight staff? What's that split between square footage that's designated towards the patient population versus the support population and then on the site circulation, we start to get into institutional, we're talking about refuse collection, we're talking about logistics of deliveries and so on and so forth. I just don't see how this site supports -- I don't see how it supports 10, let alone 16. So -- WESLEY: Good questions for the applicant. GRAY: Okay. Any other Commissioners? Farhad, does the applicant have any prepared presentation or -- TAVASSOLI: I'm not sure if he has a presentation but I'm sure he would like to come up. ISTRATE: Good evening, Chairman, Commissioners. My name is Daniel Istrate and I'm the applicant and the architect of the project. A couple of things that I wanted to answer some of the questions you guys brought up as far as the requirement. The first question is all of the assisted living facilities in the City of Fountain Hills we're governed by the IRC, which is international residential code. International residential code specifically states, and the number of 16 was not at random. Up to 16 it falls under residential. That is a -- that is throughout all jurisdiction, all states. And the building code clearly states up to 16 it's residential. 17 and more it becomes I. That's what distinction is, that's what makes it residential up to 16, above that it becomes I, which is a full commercial hospital, what have you. So up to 16 is considered residential. It is not a commercial building. Building code does not -- so once -- if we were to get approved it goes to the building department. It does not need to -- it's not a commercial building. You do not need to do anything on as far as being a commercial component. Anything above that -- so now ends up happening TOWN OF FOUNTAIN HILLS Page 36 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 36 of 72 is each local jurisdiction, just like Fountain Hills, they set the limit of number for beds and Fountain Hills has it to ten. And that's just -- it was decided by council whenever that was done, God knows how many years ago. But 16 is what IRC states. So that's universal. So for example, I happen to know in the State of Texas every jurisdiction in the State of Texas, 16 is what they allow and then above that is institution. Here in Arizona, for whatever reason it's ten, although City of Phoenix has moved away from that and they've approved in the past year at least 20 of them that went up to 16. And I guess one thing for the Commissioners to understand is, the operator and the owner, wouldn't be sitting here asking for the increase if there wouldn't be a need. There's a constant waiting list for people to go and to be placed in here. If people from the community that have lived here very, very long time, once they reach a point where they're no longer able to live by themselves, they want to presumably still live in this area and not have to be taken to Scottsdale or further, Phoenix, and further west, where there's a greater density. So Fountain Hills has more limited numbers. So that's just to clarify on the -- as far as the requirements. It is -- falls under residential. There's no upgrades that needs to be done to the building whatsoever. Plumbing-wise, HVAC, everything else can stay as is. The building is not changing. The fact that it's already at ten residents already has fire sprinkler, which you asked a question earlier about as far as the fire department and the fire marshal. Their requirements is as far as the building has to be fully sprinkled and the fire alarm monitoring. That is the requirements for the fire department. All the existing assisted living home in the State of Arizona are governed by AZDHS, the Department of Health Services. They have minimum guidelines. Going back to your question as far as minimum area requirements. AZDHS has a requirement of minimum of 80 square foot per resident or of 120 per two residents. So if you are to build a new building, you can make -- you can designate 80 square feet per resident or 120 for two residents. That's not what we're proposing, just to answer because you're wondering what the square footage comes to. Going back to parking, which was another question that was brought up. The parking is mainly for staff and for visitors. The residents do not drive for obvious reasons. They're in place, they're in here because they need help and also for liability. As the operator you would not want to let them drive. They're supposed -- they're on medication, they're not TOWN OF FOUNTAIN HILLS Page 37 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 37 of 72 to be driving. So it's for mainly for the staff. And then, visitation hours they usually call ahead. They don't just drop, especially we're coming out of a pandemic. Actually visitations were pretty much halted that time, but even as they're reopening, you have to call ahead to visit. You don't just show up. And then they have the occasional deliveries for medical supplies. A doctor or a nurse might stop by too. I'm going to try to see if I can figure out how to work this backwards. Because I want -- it's not my slide, it was in here. There was an aerial - TAVASSOLI: Let's see if I can pull it up for you. ISTRATE: Okay. There was an aerial that was taken, you know Maricopa County does their yearly flybys. I'm not sure which year this was taken and you can see there's one car on the driveway. So when I looked at it -- when I went to Maricopa County, I think, right now, they allow us to go back to maybe 2014, '15. Even if you guys have access to your monitor, I'm not sure. I looked, I don't know, they take them at random days. Nobody controls that. Every picture they've ever taken, in '15, in '16, in '17, in '18, '19, all the way to '23, at no point was more than one car on the driveway. So there was not -- we don't control -- we didn't take those pictures, they're taken by County. Obviously, at random time but that's a pretty good indicator that at no point, since any -- they've been in operation since 2005. So at least since 2015, there's never been more than one car on the driveway. Most caregivers, they're -- they either don't have a car or they will share a car. So I don't -- the argument of increased traffic of up to 60 percent, there isn't really any traffic. If you actually ever go and visit one of the residents are -- they're not driving. And then the caregivers are there on permanent basis. They have to be on premises. They don't come and go. The most traffic will be a family member decided to stop by, a nurse or doctor coming by, or a delivery and those are minimal at best. So there's not this increase of traffic, from going from 10 to 16, as far as extra cars because that's just not the case. I've seen just -- to give you backgrounds, I must have done maybe north of 100 assisted living facilities in the greater Phoenix area. They are not high traffic facilities. They just have the elderly as they're moving in out of their own homes. As you can probably imagine, it is very intimidating to go from a home setting into a assisted living facility or hospital that has a 100 beds or more. It's just a lot and then you just become another number in a multitude. So one of the reason why the smaller scale TOWN OF FOUNTAIN HILLS Page 38 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 38 of 72 homes did well is because it's just less, I guess, intimidating and still maintains that home-like environment. But there is just a lot of need. Arizona obviously, we're a state where people come to retire so, and we're having an aging population. They do need to go somewhere and I know most people don't like to have them. I have one that's two doors from my house. But they need a place to stay. So I guess, and also thing to make a distinction because they do fall under the same as far as the state goes and even the city, there's no difference that the state and the city makes between a assisted living home for the elderly or one of those behavior health places. And they're the exact same requirements and I do wanted to specify that this is a home for the elderly. There are old people in her, somebody's mom and grandparents that live in this homes. That there's just that much need that there is on it. So I'll open up to any questions that any of the Commissioners might have. And then I guess, last one was just on the encroachment. It's an existing noncompliant. So we didn't make the house to be out of -- encroaching into the setback. And actually to answer your question, sorry, Commissioner Watts. The lot coverage is 50 percent. Right now, we are at 29.9. So we're -- okay, we can round up. We're at 30 percent lot coverage, and the allowable is 50. And that's on sheet A0.2 that was provided. GRAY: Commissioner Dapaah? DAPAAH: Sir, you introduced yourself as the architect? ISTRATE: Yes. DAPAAH: Okay. So if approved, what are you doing to renovate the interior to add six additional beds? ISTRATE: We are not renovating to add additional beds. We're not taking the rooms that we have and making smaller rooms. A lot of assisted facilities do function in a share bedroom capacity where they'll just -- the bedrooms are 2, 300 square feet and there's two beds that will be sharing the same room. So it's not -- we're not taking space out of the living room or the dining room or the kitchen to add more bedrooms. So there is no bedrooms being added. There's just the capacity of the bedroom will just be increased. Most of these rooms typically have a twin size bed. So if you can imagine a twin size bed in a corner of a 250 square foot room, does not take -- a twin size bed is 3 foot by 7. So that takes 21 square feet. So the bed itself takes ten percent of the footprint of the TOWN OF FOUNTAIN HILLS Page 39 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 39 of 72 room. They use the bedrooms usually at night to sleep. And then during the day they're sitting in the common area, whether it's at the dining table or in the living room, watching TV. So there -- some of them are bed-bound and obviously, they don't leave the room very often. DAPAAH: Okay. So nothing on the interior will change. You're just going to add six more beds; is that what I'm understanding? ISTRATE: At this time, yes. So there are no proposed -- as you look at the plan, there is no proposed to -- maybe in talking to the operator, there is one larger master bedroom with a large -- the house was a single-family house. So the master suite itself was probably close 400-some square feet. So that has the opportunity to be divvied up differently to maybe create two additional bedrooms. We did not want it to get as far as -- we didn't wanted to start laying out floorplans if the land -- if the project doesn't get approved, there's no reason to make plans for something that might not happen. So if it gets approved, obviously, we still have to submit for full building plans to the building department. So we'll see what interior changes could be done to accommodate or create more rooms. We haven't sat down to start laying out rooms for something that might not come to fruition. DAPAAH: Sure. So right now at ten beds, are you at capacity? ISTRATE: Yes. They're at full capacity. DAPAAH: You are at full capacity now, with ten beds? ISTRATE: Yes. Also I'm the architect. She's the operator and the owner. So any, I guess, questions specifically on the operation I'll obviously defer because I -- DAPAAH: So all ten beds are full right now? TOLAN: Yes. ISTRATE: Yes. DAPAAH: So at 16 beds, you plan to also be full at 16? TOLAN: I don't know what the plan in the future might be. I just apply and I was approved for provider for access. Access space for semi-private. So I'm trying to plan ahead for some people that they don't have money and they apply for Medicaid and use a room as a semi-private. That I'm going to have 12 or 14, but why not applying for 16 and TOWN OF FOUNTAIN HILLS Page 40 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 40 of 72 see if I -- how I'm going to accommodate or not. DAPAAH: So you're just trying to -- TOLAN: Yeah. DAPAAH: -- go as far as the IRC allows you to? TOLAN: Right. So but like I said, I just apply for access number. So now I can accept people that they work with Medicaid. DAPAAH: Chairman or John -- John or -- I'm sorry. Chairman Gray or John, is there -- would this be considered under healthcare facilities where they have to comply with building exchange, air exchange codes on the interior and all that? Or this would be a different type of -- ISTRATE: So as far as the -- when we submit to the building -- DAPAAH: As far as your mechanical systems? ISTRATE: We will go under -- it's no different than a residential. DAPAAH: So no different -- ISTRATE: So the house has, I think they currently have two conventional split units, AC units that supply every room with a diffuser and there's a return in every room. So obviously, that comes from fresh air from the outside. So it still falls under, as earlier stated, as a residential. So there's no requirements to provide any additional HVAC or any additional retrofits to the building as far as changes, since it still falls under residential and not commercial. DAPAAH: Okay. So building maintenance, that remains the same as well, even with additional six beds? ISTRATE: Well, there's no -- as far as I know there's no maintenance on site. It's obviously just like a house. As a repair is needed, someone will be called. If the water heater goes out, some -- I'm sure a service call would go out for somebody to come and service that. If somebody comes in to probably replace the lights and filters, if the AC goes out, somebody gets called for that. So there is somebody that comes, but there is not as much maintenance as maybe one will think. Even with -- even going from -- even on the 10 residents or even going to 16. There's just not -- DAPAAH: Sure. So there's no routine maintenance happening? I'm assuming there's not much being torn up in the house. TOWN OF FOUNTAIN HILLS Page 41 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 41 of 72 ISTRATE: No. I mean, like I said, given the residents, they're senior residents. They're sitting in their bed or in the living room watching TV. To be honest, I got four kids at home, I think my house needs a bit more maintenance than the 16 residents, because they're playing in the house and punching holes in the walls with balls and playing, whatever. So there's not a lot of traffic as far as them causing damage to the house. One thing to notice is AZDHS does a yearly inspection on every facility. They do that on every house and then they assess and they put in deficiencies. And the owners here, they don't have deficiencies. So if food is not stored properly, if chemicals are not stored properly, you will get deficiency and they'll take your license away. So there is regulations. The fire department does their yearly inspections too. So they are inspected and they're not announced. So they do show up whenever they feel like -- similar to a restaurant. When the Health Department shows up to a restaurant, they don't give them a heads up so they can, you know, to get their stuff in order. They just show up and if you're not ready you get deficiency. If you have deficiency, they will revoke your license and they will close you down. So they been in operation since 2005, that wouldn't be the case if they weren't operating a clean facility. GRAY: Commissioner Corey? COREY: Thank you. Thank you, Daniel. You already addressed some of my questions earlier. One was going to be what's the basis behind the increase. But you addressed that saying there's a need. So you know that there's people waiting for something like this. ISTRATE: Correct. So the operator can probably. So they get calls constantly and they're saying well, we'll put you on the list. We're let you know if, when we have an opening. And I know the openings don't stay very long. And I think, going back to one of the other questions that Patrick had is, just because somebody applies for 16 that doesn't necessarily mean they'll be running at full capacity. Just like anything else, like a hotel -- COREY: It gives you that buffer. ISTRATE: -- is not at full capacity. They might take two, three additional and just given the nature of the use, some -- well, not some. All residents, at one point, will pass away and then other ones will come in. So that, our first -- let's hypothetically say that they TOWN OF FOUNTAIN HILLS Page 42 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 42 of 72 only have one room open right now, they're at nine and they have one room. And a couple calls in to be, you know, they would like to stay -- which actually, that happens quite often. They both move out and they say, well, we only have one bed available. So they cannot take both of them in. They just -- state law will not allow it, and just, they're very strict on enforcing. If they come in and you have more than ten residents, they will close you right there on the spot. So that will allow them to have those two couples -- a couple to be able to stay in. So that's one of the reason to do that. So they might be, I think, as Simone had mentioned, maybe 12 or 13. Doesn't necessarily mean -- and they're not always at ten either. As somebody comes, somebody might be coming in, that's just how they operate. COREY: Okay. Thank you. And you also addressed visitors. So I was concerned about how many may show up at any given time but it sounds like that's a scheduled visit. ISTRATE: It is a scheduled thing. And it's kind of more of a side commentary. I think I mentioned earlier that I must have done hundreds of this and I've been in a lot of them. If you really wanted to know the truth, the visitors are very minimal at best. They do end up being placed there and a lot of time the immediate family are children. They're out of state in California and Illinois, so they do not come as often as one would think that they would come and visit. They really don't. If somebody's local, sometimes they do. And I'm not saying that that's the rule. But more often than not, I go to them -- through these facilities all the time because I have to take measurements, I will say not even one out of ten that I've gone in there and I've seen family visiting. It does tend to increase around the holidays, Christmas. Maybe since they're out of state they might be coming back to visit. But no, not as much as one would -- if you think that one family is coming in and the other one is leaving, that's just not the case. COREY: Okay. And aren't there some insurance companies that -- I think ALTCS is one of them that I heard of that requires sometimes that people have to share a room in order to get the benefits of the insurance? ISTRATE: Correct. So that's -- they've applied for that. So they will not -- so ALTCS will not pay for private rooms because they're -- you know, the government pays for it and I guess, private room are considered a luxury that the government doesn't seem that people deserve. So they would only pay for a shared room. So obviously, there's cost TOWN OF FOUNTAIN HILLS Page 43 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 43 of 72 involved. So a private room will cost more but then if you have two rooms, then that way you can take residents in a room that normally will just be reserved for one person. COREY: So it sounds like that double occupancy is common if they're looking for that as well. ISTRATE: Correct. And that doesn't mean that you put -- I mean, just the way it operates. If you place a parent or a grandparent there and you're paying for a private room and you want them to be in a private room, they will not put somebody in just because they have the occupancy of 16. It doesn't mean they're going to put two because they say -- that gets established on day one. I will like to get a private room, so then they will put him in a private room. You can't show up the next time you visit and there's somebody else in there. I mean, there's contracts between the -- COREY: Sure. ISTRATE: -- people that place them and the operator. So you can't just -- I guess just like a hotel, you can't show up and somebody else is in your room. COREY: And just one final question. We all know that my math skills are not that good. Where do the caregivers stay? ISTRATE: So there are nine rooms, not eight. So there's nine rooms and the caregivers. So if we look at the floorplan there's nine rooms. The caregivers stay in one of the additional room. So and even right now, you can still have double occupancy. So the eight rooms are for the residents, the other ones are for the caregivers. And like, as mentioned earlier, if it gets approved we'll look at a ways to add a few additional bedrooms to figure out. We haven't, truth be told, haven't been paid to do a program yet for what it could be. I'm sure we can always find the master suite, as mentioned. It's about 400, 500 square feet. It's -- those bedrooms are quite large. And nobody needs, that large bedrooms. So those could be reconfigured. Maybe another room for a caregiver or split into two more rooms for the residents. COREY: Thank you. You sound very educated in this area. So I appreciate all your answers. ISTRATE: No problem. GRAY: Just to tag onto Commissioner Corey real quick. So the caregiver model is a live-in caregiver model. So the patients has the same caregiver 24/7 essentially, or is it a TOWN OF FOUNTAIN HILLS Page 44 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 44 of 72 rotating? ISTRATE: They're the same caregivers that stay there. It's the same caregivers. GRAY: Okay. ISTRATE: They do have -- well, they're not working 24/7 because nobody does that. That's just -- GRAY: No. Understood. ISTRATE: But they are live-in caregivers and they are required to have at least -- every six days they're required to have a 24-hour period off. So then they either rotate. Sometimes they -- actually the operators will be the ones that stay in, just from operation purposes to make sure that, you know, if it's your business you want to make sure that it's going okay. So sometimes -- or they will bring in additional person during that day to give somebody the day off whenever they're not working. But it's the same familiar face. So it's not -- isn't a staff of like 20 people that, you look on schedule to see -- in a hospital, for example, my wife is a nurse in the pediatric unit. There's, I don't know, there's -- they only hve six beds in the -- it's the PICU so they don't -- you know, less. But there's, I don't know eight nurses that, you know, to rotation. But these are the same caregivers that they're -- day in and day out. GRAY: So just to clarify for me. I'm not a residential code expert, but 16 licensed beds plus four fulltime, 24/7 caregivers is 20, since I'm better at math than you. Does that not cross your residential code occupancy threshold? ISTRATE: No, it does not. So the residential code is based -- strictly controls the number of residents. Which number of residents are what the State of Arizona, AZDHS, Department of Health Services, they refer to the people that you're placing in there to be cared for. There's a lot of facilities based on -- there's a lot of facilities that actually bring in -- they actually have larger ones. I don't mean larger like more residents, larger just square footage. Because I do some, they are still ten residents but they're like 10,000 square foot and they have larger rooms. They bring in a -- almost like, let's call it dayshift. There will be caregivers that show up at 6 o'clock in the morning and they'll stay there until, I don't know, 8, 9 o'clock at night. There'll be three, four of them that come in. and they will leave at the end of their shifts, at 9 o'clock. They don't actually stay. And there'll only be one, or at the most time, two caregivers that stay at night TOWN OF FOUNTAIN HILLS Page 45 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 45 of 72 because somebody has to be there. And they don't go to sleep. They sit on the couch, just like someone in a hospital with the night nurses. They'll sit there all night in case a resident needs help, because they have a little bell that they ring or a little buzzer and then they go into the room. So the building code regulates the number of residents because the caregivers are not a given that they stay there. They're not required that's why they make no concessions for parking or number. And as, I think, a earlier question was brought in, believe it or not, and I don't make the rules. AZDHS does not have a number of caregivers that they are required based on number of residents. It is impossible, I can tell you right now to have one caregiver for 16 residents. But that, if you were to have a facility and only have one -- I think to one of the points that Commissioner Watts made, it is virtually impossible to have one caregiver for that. But the state does not regulate and they're not control how many -- they don't say well, once you're at ten you need three to four. If you're at 16, you need five to six. There is no number that they associate with that. There just isn't one. Just like in hospitals, they can have -- one nurse can have five, six patients. And we know that that's actually a reality, it happens quite a bit. GRAY: So I appreciate the state has their definition of what is a clinical resident. But then the building code has a definition of resident being basically occupant, inhabitant. Farhad can you offer -- do you concur with that interpretation that 20 is actually 16, because they're not clinical residents? I would challenge that simply because in the eyes of building code, a resident is an occupant spending the night within the premise of the perimeter walls, no matter whether you're the provider or the caregiver. So are we not talking about 20 as our real number here? I just don't want to -- I don't want to allow the blurred line. I think we've got a lot of blurred lines coming into this so far. But I don't want to allow that particular blurred line to get -- to lose sight of it anyway. TAVASSOLI: Yeah, Mr. Chairman, in the grand scheme, we are talking about 20 residents. The zoning ordinance refers to ten residents. And I believe it's referring to beds, actually. So we'll take another look at that. GRAY: And that's how I remember the deliberation as well. As it was really heads and beds regardless of your purpose on the premise. And then can I also just ask while you're up. I guess I interpreted this, as I read the packet, I interpreted this as a net zero, no changes other than the site adjustments that were going to happen. But I understand now TOWN OF FOUNTAIN HILLS Page 46 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 46 of 72 we're saying, that no, we're actually going to go through a full architectural plan review process, including manual J Calcs for HVAC loads and so on and so forth. Is that where this is actually progressing if we do in fact subscribe to the special use? TAVASSOLI: Mr. Chairman, I cannot say at this point what modifications would accompany this. In my brief conversations, and I may have misunderstood my brief conversations just before the meeting. I heard there would be some modifications, but it may have been reorientation of the bedrooms or addition of beds and so on. GRAY: Okay. Thank you. Sorry. Commissioner Watts. WATTS: I'm still struggling with a couple of things. One, the math on the personnel. The 20 people -- the caregivers first off, are -- my math says there's going to be ultimately, if you're at 16 beds, you're going to have five caregivers. Based upon utilizing what you've got now, assuming that you get a ratio of somewhere three, because of your rolling schedules and so on. So you're always going to have that. And when you extrapolate five, I don't -- I grant you that when you've gone back and looked at the pictures you've never had any cars in the parking spaces. Do they all ride in one car? ISTRATE: The caregivers live on the premises. They do not ride on -- they don't commute to and from the facility. That's where they -- WATTS: How do they get there? ISTRATE: Somebody give them a ride. I have no idea how they get there. But they don't -- okay, I let the operator, they just don't -- most of them do not own cars. I mean that's not -- it's not a requirement to own a car. Somehow they got there. I can tell you right now that there's not three cars for the -- you're more than welcome on any given day, without announcing to stop by to see if you ever see more than one car on that driveway. So they just, most of them don't own a car. WATTS: Does the caregiver headcount include -- first off, are the caregivers all licensed? Are they required to be licensed? ISTRATE: Yes. So every caregiver is licensed. They have to have a fingerprint card. And the caregivers don't -- the owner and operator could be considered one of the caregivers with aiding two more of the other caregivers that are there 24/7. So at the end of the day, the owner might opt to go home at their own house, so then it will leave the two other caregivers to stay there for the night. TOWN OF FOUNTAIN HILLS Page 47 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 47 of 72 WATTS: So which of the caregivers does the cooking? One of them? ISTRATE: I have no idea. I will leave that -- WATTS: That's a 24/7 job. Cooking. TOLAN: 24/7? WATTS: Pretty close. TOLAN: Nobody eats after 6 p.m. WATTS: Okay. TOLAN: It's not quite 24/7. WATTS: And how about the laundry services and housecleaning? Who does that? Is it one of the caregivers again? TOLAN: Yes. So that's how all the care homes operate in the valley or at least 90 percent, and all my friends. I've been in business 19 years, with two care homes. At one point, four care homes. And somehow we find a way to make it cleaner than you believe. And everybody comes in the house and say like, I can't believe it's so clean. And yes, we do manage to do all these things. And the caregivers, sometimes the husband, the family brings some of the caregivers, let's say they're from California or whatever, and they come here to work for like, I don't know six months, a year and then they go back. And they save on rent and stuff like that. And they're happy with the opportunity to live in the premises. So most of my caregivers they don't have a car. I cannot say all of them, but most of them, you know, they don't. WATTS: So just so I'm clear again. We're going to put two residents in each bedroom or each area -- TOLAN: That will be at maximum capacity. WATTS: And you're going to put between four and five caregivers, depending upon rotating schedules in another separate room. TOLAN: Well, even when I have three, one of them, it's mostly for the nighttime. And you know, maybe give days off for like -- we rotate it and depends of the need and what kind of residents I have. Sometimes they need a lot of help at nighttime, sometimes not. And I adapt. I not always have like three or -- I might have two or three at -- at the 16 capacity, I may have four or five, but not five during the day all of them. Maybe three during the day and two during the night. So it will not be all the time. TOWN OF FOUNTAIN HILLS Page 48 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 48 of 72 I will manage. As I said, I been 19 years in business and we are governed by health department. So they regulate us and they make the rules and we follow the rules and also we try to the best to make the family happy. Because if the family residents are not happy, I will not have a business. So somehow we do manage to do all these things. WATTS: Thank you. GRAY: Commissioner Dempster. DEMPSTER: Hi. I just would like a little clarification, because I -- just to further clarify. So it seems like at any given time, overnight there may be two caregivers there; is that correct? ISTRATE: Well, two caregivers, yes. But there are -- DEMPSTER: On duty, awake? ISTRATE: Yeah, on duty. Yes. Not sleeping. DEMPSTER: And they -- all the caregivers would share a room? The same room? ISTRATE: I think what she mentioned earlier, I think that she has a family that lives there, which is a -- made up of a husband and a wife, which -- DEMPSTER: Are two caregivers? ISTRATE: -- so they're going to share a room. And then -- so right now, they have the two and it sounds like they bring somebody else at night. So if that's the case, then there'll be an additional room for the additional caregivers. Right now, there isn't one because there just wasn't a need for one. DEMPSTER: Okay. So then let me back up then. I thought you said you had eight bedrooms for the residents and plus one bedroom. So I'm thinking that plus one is for the caregivers. ISTRATE: Correct. DEMPSTER: And the eight bedrooms are for your residents. ISTRATE: Correct. DEMPSTER: So all your caregivers share the same room? Is that correct? ISTRATE: Yes, but there's only -- DEMPSTER: Does that make sense? WATTS: We don't know. ISTRATE: Correct. But she just said that there's a family. There's two caregivers that -- TOWN OF FOUNTAIN HILLS Page 49 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 49 of 72 DEMPSTER: Right. But they're not there all the time. So when they're not there other people are using the room? I mean, when they have a day off and the other caregivers are there, I mean they're not there 24/7, right? TOLAN: No. Usually, I will give like, even when they have days off, that will be there room as well. Not for the residents. So I have not used that room -- DEMPSTER: Well, not a resident, but another caregiver? TOLAN: Oh, yes. Of course. DEMPSTER: They share the room? TOLAN: Yes, they can share the room. Yeah. DEMPSTER: And as the owner/operator, you don't live there? TOLAN: No. DEMPSTER: Okay. And then, I'm curious about the sanitary district going from 10 beds to 16 beds. Is there any check and balance there? ISTRATE: So the way it works is it's just based on number of fixtures. So up to -- the way sanitary line works, up to three toilets you have a three-inch sanitary line. Once you go above that, four and above, it's a four-inch line. And it stays at four-inch line all the way. When you get to 24 toilets it can still be staying on a four-inch line. Only when you get above that, does it go up to six. So you have to have hotels of at least 24 rooms before that increases to a six-inch line. So up to -- so since there is four bathrooms there is a four-inch line. Even if we put a bathroom in every room we will still not be exceeding what code requires as far as the size of the sewer line. DEMPSTER: Okay. And then none of the residents own cars? ISTRATE: The live-in -- DEMPSTER: The residents? ISTRATE: No. They do not. DEMPSTER: Okay. ISTRATE: And out of the all the projects I've done I don't know a single house that will allow a resident to stay there with a car just for liability purpose. I mean these people, if they're there, it's because they need help. And there's dementia and other cases, you do not want them to -- let them -- DEMPSTER: Okay. I just want to clarify. TOWN OF FOUNTAIN HILLS Page 50 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 50 of 72 ISTRATE: -- some of them do want to come with cars but they're not -- they're, like, yeah, you can't drive. DEMPSTER: And now, does a doctor come to the facility? Because if the caregivers don't have cars, how do they get to appointments? ISTRATE: So if they go to appointments, that's where a lot of times the operator will take them. But nurses and doctors do come in. But they will call and if there's a need, they say, so and so resident needs to be there -- but I'll let her -- TOLAN: I have a house doctor for 19 years, same doctor. And he is coming every month for visits. And all the symptoms and we monitor the -- every day them, and we also over the phone with them. So the doctor is coming once a month, same doctor for all my residents. DEMPSTER: So they don't go out of the facility for appointments? TOLAN: They rare -- they do, sometimes for specialist doctors, but that's very rare and it's with arrangement with the car; it comes, pick them up and drops them. DEMPSTER: Okay. Thank you. All right. Thank you. GRAY: Just you had mentioned. You haven't been engaged to do any programing or blocking of rooms within this property, right, at this point? ISTRATE: Correct. I blocked the property but I have not -- and I did, what is called an as built condition. So I measure what's there existing, but I have not start making a program and laying out to see what a potential two or three or four bedrooms will look like. We didn't get that far. TOLAN: I'm sorry. Another architect about, I don't know, six, seven years ago, he make the plans for 11 bedrooms and nine bathrooms. And it was approved by City of Fountain Hills but I never act on it. ISTRATE: So I have no knowledge of that, as she mentioned another -- GRAY: Can you help us -- yeah, it's not in our packet either. So under -- so let's see, if you were to draw this today, you would be under residential code, we think. ISTRATE: Correct. GRAY: Although, we're saying that the real number is 20, so maybe not. What do we -- what do you look at for the clinical component? Do you look under FGI for outpatient facilities or what's the guide for the clinical care component, and mainly just as an TOWN OF FOUNTAIN HILLS Page 51 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 51 of 72 example. When you're blocking this thing out, when you look for clearances around the bed for patient safety and so on and so forth, what is that point of reference? And I'm just curious. ISTRATE: Okay. So there's couple of things that we do when -- as was obviously, established. In the beginning this as a built on day one as a single family residence. And a lot of this, but most of this facility somebody purchases an existing house that then they convert to one of this assisted living facility. Very few are the people that can afford to actually build one for ten residents from the scratch. So then there's certain requirements that we have. We still have to provide a ADA restrooms but they're not -- so provide ADA restroom, make sure that we have grab bars in the bathroom. Even if the bathroom itself is not a full ADA bathroom, which you're not required to have them. There's one ADA bathroom required but the rest of them every operator installs grab bars just for ease of use. We typically, replace all the doors. Most homes comes with I think 32-inch doors, that's just what most builder put in. We replace the door to 36-inch doors just so you can get in with the wheelchairs a lot easier. They do that for a lot of reasons. For the wheelchairs also just so the doors don't get banged up as they're going by. We talked about fire sprinklers, fire alarms. Clearances, keeping -- if some rooms have exits to the outside, make sure that that exit is provided. Make sure beds do not go in front of windows because windows are still a second means of egress if they -- residents themselves are not able to self-evacuate, you still need -- fire department, they can use windows to get in. So bedrooms not to go up against windows. ADA bathrooms, grab bars, and just wider corridors. Other than that, that's usually at a minimum -- I guess, another thing too, maybe to specify. The type of resident, they are not on like ventilators or anything like that. They're still mobile. They get up from their beds and they come sit on the couch and watch TV. So they're not, as far as, needing medical -- they need help taking their meds but not as far as -- they're not in a strict regimen or they're not, where they're walking around with IVs connected to one of those -- those require actually hospital. If a patient decays to that point, they are taken to a hospital. They're not -- that requires a nurse and a doctor to administrate that. GRAY: All right. Paula, do we have any speaker cards? TOWN OF FOUNTAIN HILLS Page 52 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 52 of 72 WOODWARD: Yes, Chairman. There were four written statements, speaker cards against approving the 16 beds. And then there are speakers. In order of appearance, the first speaker will be Tom Lifton (ph.), Crystal Cavanaugh, Veronica Oliver (ph.), and Larry Meyers. LIFFITON: Hello Chairman, Commissioners. Thank you for the opportunity to provide some input. Thank you for your work. Just to start, I want to say some nice things about the neighbors. My wife and I live directly across from the facility -- GRAY: Tom, will you pull that mic up a little closer to you? Thanks. LIFFITON: How's that? So my wife and I live directly across from the facility. You can see our place right at the end of Westby Towers, right at the end of Westby. So we get to see quite -- I'm retired. So we get to see a lot of what goes on over there. It's a very quiet place. In general it looks very nice. Traffic either is from zero parking all the way up to -- there can be, to this morning there were two cars in the parking spaces on site, and one in the street. But that can get expand to more. It can go to three or four in the parking onsite and it can be up and down the street on both sides of the street. And sometimes, somebody might park all the way at the end, at Palisades. Which is a little bothersome. But in general, I would say it's tolerable. So I know nothing about what goes on inside the house. It's very quiet. At night we don't really see or hear anything from them. Our concern is really with what we see through our living room window. And with this picture that you have up there, we can see from the -- we're looking straight across, we can see to the left there's an area of landscape with one Ocotillo and a bush and a little white mailbox. On Tuesdays they bring out three trash cans, one of those three big trash cans. They're filled to the gills, to the top. The top can't close. That's only on one day of the week. But what we're really concerned with is this driveway. If you'll see it's sort of a semi-circular driveway in a way. Right now, it covers about, I would say a third of the property. If you look on their proposal, you're going to wipe out all of the landscaping on the left. You're going to take out all that gravel, sand. You'll take out the Ocotillo and two cars will be parked right there. And then, on the opposite side, that area, the parking area is going to be bumped out a bit toward Palisades. So what you're going to end up with is with at least two-thirds of the driveway -- at least two-thirds of the front yard will TOWN OF FOUNTAIN HILLS Page 53 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 53 of 72 be all driveway. Which just doesn't look good. And quoting the statement that came along with the request, Kontexture, that's the company that wants to do this. Stated it, "wishes to increase the number of residents while keeping the facility's residential status, feel of the home, residential function, and appearance". And I just don't think that what they're proposing by taking out this landscaping and paving over the whole front yard -- or most of the front yard is going to do that. Plus, it's got to increase the traffic to some extent, I don't really know about that. Those are our concerns. So saying all that, I'm against the proposal as it stands. We're against the proposal as it stands, my wife and I. But we have a suggestion that if they can put up some kind of high bushes, the size of the Ocotillo, high up there to hide the new parking lot, the two spots there, that might be a compromise. I don't know that it takes care of all the other problems I've heard here. But it's maybe something in the right direction. So that's all I have to say. GRAY: Thank you, Tom. LIFFITON: Thanks very much. CAVANAUGH: So I did drive by this property today and I did notice the parking was a little interesting also. There was only one vehicle and it was a white pickup truck. I'm not sure whose that was. So if there were any staff in there that was their vehicle. And it was parked at the end of the driveway, across the driveway, blocking part of it. That alone kind of worried me because I thought what if you have to have an emergency vehicle. So I didn't know if that was a typical thing. But I also noticed it was going to be kind of a difficult street to bulk up with more parking. And I can see where this would even increase all the pavement that this neighbor's talking about. But my other thought on this was, a bigger surprise was the staff recommendation. Why would they automatically suggest that you approve this? Did we not spend over a year talking about our community residences? We talked about the family-style community residence, longer term, and then we had the transitional. So we didn't distinguish with behavioral. So I'm not sure they're really familiar exactly with our Fountain Hills ordinances, because at ten occupants they were one of the grandfathered in ones. I would judge that to be the case because now the new ones, if you want to start up a new one, you can only have eight plus staff. So now we're talking, they want to not change TOWN OF FOUNTAIN HILLS Page 54 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 54 of 72 anything in the building, they just want to bring in a whole lot more beds and stack these poor people in like sardines for funding. And so I'm very concerned about their quality of life but I'm only concerned about the neighborhood's quality of life and I'm concerned that if we start changing our ordinance this quickly, and allowing them to bump up to 16, the next family community residence, why can't they ask us to do the same. And then the transitional homes will feel discriminated against if we don't bump them back up. So this is just a slippery, slippery slope and I say no. Thank you. OLIVER: Good evening. Thank you. I'm Veronica Oliver. I live in Westby Towers. Westby is a little bit of a speed road and a lot of cars speed. With cars on both sides of the roads, which a lot of the time there are, cars can't even get through and there's an accident waiting to happen. I was -- just received my paperwork today in the mail. And on this sheet it says seven bedrooms. It doesn't say eight. It doesn't say nine. It says seven. Regardless, I do volunteer work at group homes back in Michigan where I summer. And the homes could not possibly take this many beds and put in this small of a area and take care of the people the way they should be taken care of. I mean, they're not in regular beds. They're in hospital beds. And if they have wheelchairs, and they have all their other equipment. They can't fit into these rooms. I am concerned about the patients. And the clients, or whatever you want to call them, because they do deserve the best possible care that they could get. And it doesn't help that there are cars coming and going. And I know they said back from 2015 there's only been one car in the parking lot at each time they took a picture. Well, that is very abnormal. I don't think this is a good place and it's a residential area, it's not a commercial area and it should stay residential. Thank you. MEYERS: Chair, Commissioners, so it took us two years to debate the ordinance that separated the community residents from the transitional residents. The debate that took place massive amount of time was about the level of care. We settled on five residents and a caregiver for the transitionals. We took it from ten down to eight for the community. They happen to be at ten, so they got grandfathered in. That house is 4,500 square feet and I live in 4,500 square feet, and if you stuck 20 people in my house, it's crowded. I don't care whether you're in a wheelchair, whether you don't TOWN OF FOUNTAIN HILLS Page 55 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 55 of 72 move, whether you stay in bed, there's -- it would be very crowded. And so we spent a lot of time talking about level of care and numbers of occupants, and caregiver to resident ratios during the two years that we took to thoughtfully make our town ordinances, regardless of what the state says. We felt that in this town this is what the level of care that we wanted to deliver to people in these conditions. And we decided on our numbers and I don't see any reasons to change our numbers because it was two years' worth of thought and you're the people that were the thoughtful people. It ended up being your ordinance with a slight twist at the council level, that ended up going into effect. And now here we are. That thing's not even a year old. The ink's not dry on the paper and we're getting asked for a change. So I'm more looking at this from a level of care and caregiver to resident ratio, and the square footage and the building stuff doesn't mean anything to me. I think the building's too small for 20 people, period. And I think 20 people and a few caregivers piled into 4,500 square feet is a lower level of care than 10 people. And that's just that. And if anybody feels differently, well, then so be it. But it's -- I don't think it's what we decided to do and I think Vice Mayor McMahon would agree since we're now a dementia friendly town. So we're going to lower the level of care and I disagree with that. So I would say don't increase the occupancy on this building. Let's just operate as it is and be done with it. Thank you. GRAY: Paula, any more speaker cards? WOODWARD: No, Chairman. GRAY: Thank you, Paula. All right. We'll go ahead and close the public portion of our hearing. Let's call Farhad back up for any final deliberation ahead of a motion. DEMPSTER: Hi. Can you just clarify for me, sorry, this has gotten a little confusing. Currently, this property is residential home and we do not have a zoning that would accommodate, should this go through; is that correct? So if this change went through it would be considered a commercial property, correct? TAVASSOLI: Mr. Chairman, in terms of operation, how it operates, it would be considered a commercial property. DEMPSTER: Changed to commercial? Okay. TAVASSOLI: Yeah. TOWN OF FOUNTAIN HILLS Page 56 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 56 of 72 DEMPSTER: And I'm -- because we have all R-3 surrounding that, all residential. So, okay. Thank you. TAVASSOLI: Thank you. GRAY: Commissioner Dapaah? DAPAAH: So five years ago I saw many of the elderly here in Fountain Hills move -- size down from their homes into Park Place, okay. Today you go there and most of them are dying. A lot of them due to loneliness. So there's a -- I know that there's a real need for this service. Okay, I know we've been talking a lot about the drug treatment facilities and all that and we know where that's going. But for this, there's a real need here in Fountain Hills. Literally, abandoned parents, abandoned elderly here in the Town of Fountain Hills. I cannot get too caught up in that. Our obligation here today is, it says here, "to make recommendations to the council based on the maintenance and operation of the use of the building that's applied for, that it will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood or anything". I did a due diligence and walked the whole neighborhood. And to be honest with you, what I observed was this particular building was one of the buildings that was very well cared for in the neighborhood. I even walked into the facility unannounced and saw how clean that it was. And no one -- the need here, Mr. Chairman, I would like to move that we go with the staff recommendation to approve the special use permit. Of course, with the -- hoping that they will do some modification on the interior to be able to take this additional 16 beds. I, in no way, believe that they will fill it to the max to 16 but want the capacity to be able to operate and move to approve the special use permit to allow the home there at 16602 East Palisades Boulevard for this additional six beds. GRAY: Commissioners, Commissioner Dapaah has put a motion to recommend approval to the town council of the requested case ahead of calling for a second. I, at least, want to vocalize kind of where I'm at on this. And frankly, I just think we're -- I think we're too premature with this. I cannot get past the -- I appreciate everything that Commissioner Dapaah has stated and I appreciate that he's visited the facility. I appreciate that the facility runs well and is well maintained at ten. But based on the information in the packet, based on the intent to retain a lot of the public -- or not the TOWN OF FOUNTAIN HILLS Page 57 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 57 of 72 public, but the gathering spaces within, based on the information that we now understand the staff are also fulltime residents of the facility and thereby we've got 19 or 20 people living in this single family home at any given time, for me personally, I at least need a layout that shows me how those beds are going to work inside of this facility before I'm going to -- before I'm going to get behind this recommendation. So as we consider a second to Commissioner Dapaah's motion, I just want to be clear that I'm going to be voting against this recommendation at this time. So Commissioner's any other thoughts or potential amendments to Commissioner Dapaah's motion? Or a second, please. No seconds to the motion? Commissioner Dapaah's motion has failed. Opens the floor back up to discussion or any alternate motion if we're all done with discussion. WATTS: So Chairman Gray? GRAY: Commissioner Watts? WATTS: I would move to deny the special use permit for the multi-zoning district SUP23-000002. GRAY: Commissioners any amendment to the motion or a second, please? DEMPSTER: I would second that. GRAY: Commissioner Watts has made a motion to recommend denial of the special use permit. Commissioner Dempster has seconded the motion. Paula rollcall vote, please? WOODWARD: Commissioner Corey? COREY: Aye. WOODWARD: Commissioner Dapaah? DAPAAH: Nay. WOODWARD: Commissioner Dempster? DEMPSTER: Aye. WOODWARD: Commissioner Watts? WATTS: Aye. WOODWARD: Vice Chairman Schlossberg? SCHLOSSBERG: Aye. WOODWARD: Chairman Gray? GRAY: Aye. TOWN OF FOUNTAIN HILLS Page 58 of 72 MAY 8, 2023, PLANNING AND ZONING COMMISSION MEETING MINUTES Page 58 of 72 WOODWARD: Five, one. GRAY: Thank you, Paula. Okay. Commissioners, informal straw poll. Do we want to carry on to agenda item 5 or do we want to take a five- or ten-minute break? DEMPSTER: Break. GRAY: Break. DEMPSTER: Break. GRAY: All right. We will recess for ten minutes. Let's reconvene at 8:45. [Ins] 2.54.33 [RECESS] CHAIRMAN GRAY: All right. We're back in session. Agenda item 5. Public hearing consideration of action. I'll skip to the end. RZ23-1. TAVASSOLI: Okay. Sorry. Trying to get this on presentation mode here. We'll just use this. Okay, Mr. Chairman and Members of the Commission. So the application request before you is a zone change for a .86 acre parcel which is a dual zone property right now. It is split between R1-35H and OSR, which is open space residential. The request is to zone it in such a way that it's uniformly zoned R1-35H. A little bit of history here. This property was actually replatted in March, just this past March. It was originally at about 29,000 square feet. With the replat it increased to 37,284 square feet and that was done through a transference of ownership from the Fire Rock Country Club to the applicant for this rezone request, a private owner of this property. So what the applicant is requesting is -- and let me just go straight to the map here. The property outlined in red is the parcel, is the subject parcel in question. A portion of which here is zoned open space residential, while the rest is zoned R1-35H. The applicant is requesting a rezoning of the OSR portion to R1-35H. The reason being, right now as it stands, the lot coverage percentage was already exceeded under the original configuration. The applicant wishes to make a few additions and the only way, in order not to exceed the lot coverage limits any further, and incidentally lot coverage limit is 20 percent, was to basically expand the boundaries of the property and Fire Rock County Club agreed to transfer ownership for a small portion of their property to the current landowner. And this is just depicting the fact that upon approval it will be uniformly zoned R1-35H. August 11th, 2023 Explanation Letter RE: Fountain View Manor ALH 16602 E. Palisades Blvd. Fountain Hills, AZ 85268 My name is Simona Tolan, owner of Fountain view Manor ALH, located at 16602 E. Palisades Blvd., Fountain Hills, AZ 85268. My cell phone number is 480-226-1761 and my email address is tolansimona@gmail.com. I am available to answer any questions you might have about my business at this phone number and email. Through this letter, I would like to give a more in-depth view of my business and our reason to request the increase of operations from 10 residents to 16. This home has been open to elderly residents at this location for twenty years with a license for 10 residents. I operate another home in the City of Scottsdale, that also has a license for 10 residents. The homes have been consistently full, with an overwhelming need for more openings, that we have a waiting list to home the elderly in need. Through this process, we are striving to provide the ultimate care to our residents and make sure that we are able to offer this opportunity to the families in need to place their mom or dad or grandparents in a safe, hospitable environment, where they can be treated as family and not just another patient. This year, we have also applied and been accepted to the government program Access that helps residents that do not have the funds to pay for their care. We now have a provider number for this program and we will be able to help even more elderly people in need, if our request is granted. With everything said, there are a lot of steps to be taken, if the committee gives us the approval. We have to go through the Town of Fountain Hills development process, where they will make sure that all of the modifications that we are making are up to code and adhering to the ADA code as well. After we receive permits from the Town of Fountain Hills, we have to go through the licensing process with AZDHS where we need to comply with their codes as well, updating the kitchen to a commercial kitchen and having all the necessary paperwork that complies with their requirements. AZDHS has yearly inspections at each and every Assisted Living Home to verify that they are in good standing. We were never found deficient at any of their inspections. AZDHS also has codes in place for space requirements. They will not re-issue our license if we do not comply with that also. This increase in occupancy will be done by complying with all the required codes by Town of Fountain Hills and also with AZDHS. My business has a great reputation and I am committed to go above and beyond and provide excellent care no matter if for 5, 10 or 16 residents. Please see included with this letter below some letters of recommendation. We are open and available to answer any questions or concerns and thrive to accommodate any suggestions from the neighbors in the eventuality of any conflict. The neighbors can contact me at my cell phone number or through email and we will answer to the best of our abilities. Sincerely, Simona Tolan Fountain View Manor ALH - Owner Lin Hammond Fountain Hills, AZ 85268 August 1st, 2023 To: Dana, Manager Fountain View Manor My Mother has been a resident at Fountain View Manor since July of 2020. We found the perfect room right by the entrance. The activity by the front door is great and keeps my Mother active with all of the people walking by. The food is excellent there. They cook many meals from scratch. The meals are varied, too. Breakfast serves a variety each day offering something different like: oatmeal, cereal, baked eggs, pancakes, waffles, omelets, fried eggs, scrambled eggs, fresh fruit, hash browns, toast, coffee and juice. Lunch is more basic, but after eating a big breakfast each day, the portion is more than enough. Before you know it, dinner is served. The evening meal is excellent. Dinner is always hot and delicious and dessert is always served. I especially like when a resident celebrates a birthday. They all get to sing Happy Birthday and enjoy a personalized birthday cake. Flowers and balloons make it a happy time. The home is exceptionally clean. The floors are cleaned daily. The bedrooms are attended to daily as well. The caregivers are great and compassionate. They take good care of my Mother and the other residents. They also have activities at the facility and get the residents all involved. All in all, this is a great place to have your loved one stay at for their forever home. Lin Hammond ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the Second Amendment to Professional Services Agreement 2023-033 with Kimley-Horn and Associates, Inc. for the design of intersection improvements at Palisades Boulevard and Fountain Hills Boulevard. Staff Summary (Background) The signalized intersection of Palisades Boulevard and Fountain Hills Boulevard has been a priority for the Mayor and Council for several years. In 2014 grant funding was utilized to replace the outdated incandescent signal heads with LED heads. Staff were also able to utilize grant funding to replace the pedestrian signal heads with LED's. Other measures taken at the intersection, include trimming or removing vegetation on the south and west leg to increase sight distance, and relocation of the pedestrian push buttons to A Poles, placing them closer to the sidewalk. Staff increased the time of the protected left turn phases by 2.5 seconds, (this is the longest allowable turn phase window within the signal timing parameters) but this did not have any notable effect on the delay and congestion often present at this intersection.    In 2020, staff presented the Pedestrian and Traffic Safety committee with a list of issues that remained unresolved. Based on their direction, the Town entered into a Professional Services Agreement with Kimley-Horn and Associates, in the amount of $21,480, for a traffic analysis to determine how to improve the intersection level of service and overall safety of this arterial-arterial intersection.  The analysis specifically called for a signal timing review and evaluation of the left turn lane storage lengths. Fountain Hills Boulevard has 2 through lanes and an 85-foot left turn lane on the northbound approach and has a left turn lane, a through lane and a shared through-right lane on the southbound approach.  Palisades Boulevard has a left turn lane, a through lane and a shared through-right lane on both the east and westbound approaches.  All the left turn approaches are protected left turns.  There are chronic queuing problems with the northbound to westbound left turn approach, mainly due to the proximity of the high school (now the high school and middle school). It was determined that physical proximity of the high school (now the high school and middle school). It was determined that physical improvements to allow for permissive left turns at the intersection would be needed to positively address congestion and delay issues. The intersection analysis was completed and demonstrated alternatives that were presented to the Pedestrian and Traffic Safety Committee.  The selected alternative was to modify the roadway geometry to accommodate protected/permissive left turns on all four approaches. By allowing for permissive left turns, vehicles can turn left when there are gaps in oncoming traffic, allowing for increased throughput of vehicles, reduced delay and improved level of service.  For the vehicles to recognize gaps in oncoming traffic and perform the left turn safely, there has to be adequate sight distance, which require median and striping modifications. The south leg of the median will be pulled back approximately 50 feet, and the west leg of the median will be pulled back approximately 500 feet and the left turn lane approaches will be laterally shifted, resulting in improved sight visibility of oncoming traffic.  The selected alterative will also provide ADA sidewalk ramp improvements on all four corners of the intersection. Kimley-Horn and Associates, who prepared the original Intersection Analysis in 2021, has submitted a scope and fee for the design of the intersection improvements.  The design will include the development of construction drawings, technical specifications and an engineer’s opinion of cost for construction.  The design cost is $83,095, which also includes post-design services (responding to contractor’s requests for information, reviewing contractor submittals, attending construction meetings and preparing record [as-built] drawings).   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis Not approving the contract will delay the design which is a necessary element to make any future intersection improvements.  Recommendation(s) by Board(s) or Commission(s) Recommended by the Pedestrian and Traffic Safety Committee Staff Recommendation(s) Staff recommends approval of the contract as presented  SUGGESTED MOTION MOVE to approve the Second Amendment to Professional Services Agreement 2023-033 with Kimley -Horn and Associates, Inc. for the design of intersection improvements at Palisades Boulevard and Fountain Hills Boulevard in the amount of $83,095.00  Fiscal Impact Fiscal Impact:$83,095.00 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 Professional Services Agreement  Scope and Fee  Concept  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/19/2023 03:57 PM Finance Director David Pock 09/19/2023 04:29 PM Town Attorney Aaron D. Arnson 09/21/2023 03:30 PM Interim Town Manager Rachael Goodwin 09/25/2023 05:10 PM Form Started By: Justin Weldy Started On: 06/07/2023 07:35 AM Final Approval Date: 09/25/2023  1 Contract No. 2023-033.2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY-HORN & ASSOCIATES, INC. THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Second Amendment”) is entered into as of execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Kimley-Horn & Associates, Inc., a(n) North Carolina corporation (the “Consultant”). RECITALS A. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated March 2, 2021, for the Consultant to provide Engineering Design Services (the “Services”). All capitalized terms not otherwise defined in this Second Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary to add to the scope of the Agreement with the Consultant for Services and the Consultant is the Engineer of Record on as ongoing project. C. The Town and the Consultant desire to enter this Second Amendment to amend the Agreement to (i) add to the scope of the Agreement (Exhibit C) and (ii) provide for compensation to the Consultant for the 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 $237,692 for the Services, resulting in an increase of $83,095. 2. Exhibit C is hereby incorporated by this reference. 3. 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 2 or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Rachael Goodwin, Interim 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 Consultant: Kimley-Horn & Associates, Inc. 7740 N. 16th St., Suite 300 Phoenix, Arizona 85020 Attn: Kimberly Carrol 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. 4. 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. 5. 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. 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 3 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] EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND KIMLEY-HORN & ASSOCIATES, INC. [Scope & Fees/Palisades Boulevard and Fountain Hills Boulevard Intersection Improvement Design] See following pages. kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 August 22, 2023 Mr. Justin Weldy Public Works Director Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Re:Palisades Boulevard and Fountain Hills Boulevard Intersection Improvement Design Scope and Fee - Revised Dear Mr. Weldy: Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this letter agreement (Agreement) to the Town of Fountain Hills (Town) to provide professional engineering services associated with the intersection of Palisades Boulevard and Fountain Hills Boulevard. PROJECT UNDERSTANDING As directed by Town Staff, via email on 6/10/2021, this scope of work includes intersection improvements consistent with “Alternative 2” recommendations provided within the Palisades Boulevard and Fountain Hills Boulevard Final Intersection Traffic Study, prepared by Kimley-Horn. An exhibit of the proposed improvements is included in Appendix D. Additional information on the scope of work was further discussed with the Town via teleconference meeting on 6/28/2021. The following is what Kimley-Horn understands the Town would like to include for this project: · Remove Type R signal heads, replace with Type Q signal heads for all left turn approaches. · Median modifications and striping modifications to improve left turn sight visibility (see attachment for exhibit). · Evaluate need for warning signage approaching intersection. · Modify all corners of the intersection for new ADA compliant directional ramps (this will require signal modifications as well). · Attend 2 council meetings (30% design and 90% design). The following outlines Kimley-Horn’s detailed scope of services: Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 2 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 SCOPE OF SERVICES Task 1.1 Topographic Survey, Right of Way, and Coordination a. Kimley-Horn’s subconsultant (CRS) will provide horizontal and vertical control and topographic survey. A copy of our subconsultants scope and fee is provided in Appendix C. b. Kimley-Horn will develop base design and right-of-way using the survey provided by CRS. c. Kimley-Horn will illustrate existing right-of-way and easements with the design submittals using the data available from Maricopa County Assessors and by the Town. Task 1.2 Utility Coordination a. Kimley-Horn will coordinate with Blue Stake to identify known utility companies within the project limits. Kimley-Horn will contact the identified utility companies to obtain their utility location information. b. Kimley-Horn will prepare an electronic CADD file depicting the horizontal locations of existing utilities both overhead and underground. c. Kimley-Horn will update the utility base file based on comments received from the utility companies. d. Kimley-Horn will submit utility clearance letters to each of the utilities identified within the project limits at each stage of the project. e. Kimley-Horn will determine if any utility conflicts will require the utility to be relocated or adjusted and shall advise the Town. Kimley-Horn will verify that prior rights documentation submitted by the utility companies represent the correct relocation area. Task 1.3 Intersection/Roadway Plans a. Kimley-Horn’s design will provide for: i. ADA sidewalk ramp improvements on all four corners of the intersection ii. South leg median pulled back 50 feet (approx.) iii. West leg median pulled back 150 feet (approx.) b. Kimley-Horn will develop intersection/roadway construction drawings in accordance with Town guidelines and details. A single 24”x36” sheet will be developed at 30% in order to illustrate initial design plans and identify preliminary constraints. Full Plans will be developed at 60%, 90%, and Final. Intersection Roadway construction drawings will be prepared to scale as noted and includes the following sheets: i. Cover Sheet (1 Sheet) ii. General Notes and Legend Sheet (1 Sheet) Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 3 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 iii. ADA Sidewalk Ramp Details (1 Sheet) (1” = 5’ Scale) iv. Intersection Improvement Sheet (1 Sheet) (1” = 20’ Scale) Task 1.4 Signing and Pavement Marking Plans a. Kimley-Horn will conduct a field inventory of the existing conditions for pavement markings and signing within the project limits. b. Kimley-Horn will prepare final design signing and permanent pavement marking construction documents. The permanent pavement marking and signing plans will be designed in conformance with Town requirement and in accordance with the MUTCD. Plans will be prepared at 1” = 40’ scale and will be submitted with 60%, 90%, and final. Signing and pavement marking sheets include the following two (2) sheets: i. Signing and Marking General Notes and Legend (1 Sheet) ii. Pavement Marking/Signing Plan (1 Sheet) (1” = 40’ Scale) Task 1.5 Traffic Signal Modification Plans a. Kimley-Horn will conduct a field inventory of the existing traffic signal equipment at the intersection at Palisades and Fountain Hills. The field investigation will confirm location of existing signal equipment. b. Kimley-Horn will prepare traffic signal modification plans for the intersection of Palisades Blvd and Fountain Hills Blvd. The traffic signal plans shall include the existing traffic signal layout including poles, conduit, pull boxes, controller cabinet, and meter pedestal. c. Kimley-Horn will prepare traffic signal plans at 1” = 20’ scale and will be submitted with 60%, 90%, and final. Traffic signal plans consist of a total of five (5) sheets described as follows: i. General Notes and Legend (1 Sheet) ii. Traffic Signal Removal Plan (1 Sheet) iii. Traffic Signal Layout (1 Sheet) iv. Pole Layout Schedule (1 Sheet) v. Conductor Schedule (1 Sheet) Task 1.6 Technical Specifications and Engineer’s Cost Opinion a. Kimley-Horn will prepare the technical specifications in accordance with the Maricopa Association of Governments (MAG) Standard Specifications and Town’s Supplement to MAG Specifications and details. b. Kimley-Horn will provide draft technical specifications and special provisions starting with the 90% through final design submittals. Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 4 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 c. Kimley-Horn will prepare an engineer’s opinion of probable cost for each design submittal. d. Kimley-Horn will prepare quantities at each design submittal using standard measurement and payment methods starting at 60%. Task 1.7 Project Management and Meetings a. Kimley-Horn will attend up to three (3) project meetings, which will be scheduled following the approval from Town staff to proceed with work. The meetings are described as follows: i. Project Kick Off Meeting ii. 60% and 90% Comment Resolution meetings (2 Meetings) Meetings will be held virtually and will consist of no more than two Kimley-Horn staff members. b. Kimley-Horn will attend up to two (2) council meetings, which will be scheduled following the approval from Town staff to proceed with work. Kimley-Horn will prepare presentation slides to be shared during the Town council meetings. The meetings are described as follows: i. 30% Design Presentation ii. 90% Design Presentation Meetings will be held in-person at the Town Hall and will consist of at least one Kimley-Horn staff member. c. Kimley-Horn will be responsible for preparing the meeting agenda and submitting notes of the meeting to the Town. d. Kimley-Horn’s project management task covers the management and administration hours for the duration of project activities identified in the project schedule in Appendix B. Project management task includes contract management, internal staff coordination, and coordination with Town staff outside of the meetings described. This task coordinates and administers the day-to-day operations of the project, including organizing and filing project data and communication files, responding to project correspondence including emails, and budget and schedule monitoring. This task also includes the management of sub-consultants (CRS). This task includes the preparation of monthly invoices to the Town for services performed. Task 1.8 Post Design Allowance a. Kimley-Horn will prepare for and attend up to two (2) meetings with the construction team. Meetings will be held virtually and/or at the project site. No more than one Kimley-Horn’s representatives will be present each meeting. Agenda’s and Minutes will be prepared by the Town or Contractor. b. Kimley-Horn will respond to Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to Town as appropriate Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 5 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the Town. Kimley-Horn will track RFI’s using an electronic logging format. c. Kimley-Horn will shop drawings submittals on behalf of the Town. We estimate reviewing and responding to eight (8) submittals, including electrical, concrete, asphalt, signing, and marking. Kimley-Horn will track submittals using an electronic logging format. d. Kimley-Horn will prepare final record drawings, consisting of transferring redline changes shown on the Contractor and Inspector field plans onto the original final construction documents. These changes will be done using CAD. Kimley-Horn shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. DIRECT EXPENSES a. Direct reimbursable expenses such as express delivery services, vehicular mileage, and other direct expenses will be billed at cost. A summary of anticipated expenses is shown in Appendix A of this document. SERVICES NOT INCLUDED Any other services, including but not limited to the following, are not included in this Agreement: · Attending more meetings than specifically described in the sections above · Phase I ESA · Public outreach · Additional submittals · Landscape/Irrigation Services · Water/Sewer Service · Construction Management INFORMATION PROVIDED BY TOWN Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the Town or the Town’s consultants or representatives. The Town shall provide all information requested by Kimley-Horn during the project. FEE ESTIMATE Kimley-Horn will complete the project in accordance with the fee estimate provided in Appendix A. An allowance is included in the scope of work to cover the potential cost increase by CRS since preparation of the 2021 cost proposal. Kimley-Horn will submit for at cost fee at the completion of the survey work to the Town. Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 6 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 SCHEDULE We will provide our services as expeditiously as practicable with the goal of completing the project as outline in the project schedule included in Appendix B. This design schedule assumes a Notice to Proceed date at the end of September, 2023. Following the official Notice to Proceed, Kimley-Horn will submit an updated schedule to the Town for approval. We greatly appreciate the opportunity to provide these services to you. Please contact me at 602-525-9098 or Zack Handy if you have any questions at 602-906-1191 or zack.handy@kimley-horn.com. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. By: Kimberly Carroll, P.E., PTOE Sr. Project Manager Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 7 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 APPENDIX A FEE ESTIMATE Detail of Consultant's Compensation Town of Fountain Hills Palisades Blvd Fountan Hills Blvd Intersection Improvement Design Fee Proposal (Revised 08/22/23) Sr Project Manager Sr Prof Prof Analyst Technican Admin TASK DESCRIPTION SUBTOTAL $ 250.00 $ 215.00 $ 185.00 $ 155.00 $ 125.00 $ 95.00 Task 1.1 - Topo Survey, ROW, & Coordination 2,195.00$-1 4 8 -- Develop Base Survey Design Files/Coordination with CRS 2,195.00$1 4 8 Task 1.2 - Utility Coordination 5,210.00$1 4 12 6 -10 Bluestake and Utility Mapping Request 565.00$1 4 Utility Base Map (AutoCAD)1,115.00$1 6 Utility Clearance Letters and Conflict Resolution 3,530.00$1 4 10 6 Task 1.3 - Intersection/Roadway Plans 13,855.00$3 12 15 50 -- Cover Sheet (1 Sheet)895.00$2 3 General Notes (1 Sheet)525.00$1 2 ADA Sidewalk Detail Sheet (1 Sheet) (1" = 5' Scale)3,590.00$1 4 16 Median - Paving Plan Sheet (1 Sheet) (1" = 20' Scale) (30%, 90%, Final)6,835.00$1 3 12 24 Address Comments 2,010.00$1 2 3 5 -$ Task 1.4 - Signing and Pavement Marking Plans 7,825.00$1 1 11 15 24 - Signing Inventory Review 1,360.00$4 4 Signing/Marking General Notes (1 Sheet)560.00$1 3 Signing/Marking Plan (1 Sheet) (1" = 40' Scale)4,230.00$1 4 8 16 Comment Resolution 1,675.00$1 2 3 5 -$ Task 1.5 - Traffic Signal Modification Plans 15,235.00$5 -27 58 -- Signal Field Review 1,360.00$4 4 General Notes (1 Sheet)495.00$1 2 Traffic Signal Removal Plan (1 Sheet) (1" = 20' Scale)1,920.00$1 4 6 Traffic Signal Layout (1 Sheet) (1" = 20' Scale)6,190.00$1 12 24 Traffic Signal Pole Schedule (1 Sheet)1,860.00$1 2 8 Traffic Signal Conductor Schedule (1 Sheet)1,860.00$1 2 8 Comment Resolution 1,550.00$1 2 6 -$ Task 1.6 - Technical Specs & Engineer Cost Opinion 7,300.00$4 6 12 18 -- Technical Specs (90% and Final)2,050.00$2 10 Quantities (Disciplines & Master Compliation)2,410.00$2 4 8 Cost Estimates (60%, 90%, Final)2,840.00$2 4 8 -$ Task 1.7 - Project Management and Meetings 9,025.00$11 11 16 --10 Three (3) Project (Virtual) Meetings (KO, 30%, 90% Cmt Res)1,860.00$3 6 Two (2) Council Meetings and Presentations 2,350.00$2 10 Project Management and Administration 2,450.00$6 10 QA/QC (11 Shts)2,365.00$11 -$ SUBTOTAL DIRECT LABOR 60,645.00$25 35 97 155 24 20 EXPENSES 300.00$ Subconsultant 8,000.00$ Topographic Survey (CRS/See Appendix C) Allowance 8,000.00$ SUBTOTAL SUBCONSULTANT EXPENSES 8,000.00$ TOTAL CONTRACT FEE (W/OUT ALLOWANCES)68,945.00$ ALLOWANCES 14,150.00$5 12 33 18 0 15 Task 1.8 - Post Design 14,150.00$5 12 33 18 0 15 Construction Meetings (2 mtgs)(1 Person)1,480.00$8 Respond to Information (RFI) & Tracking 2,885.00$2 4 8 5 Submittal Review & Tracking (8)6,630.00$4 8 16 10 Record Drawings 3,155.00$1 2 5 10 TOTAL CONTRACT FEE (W/ ALLOWANCES)83,095.00$ Page 1 of 1 Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 8 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 APPENDIX B PROJECT SCHEDULE ID Task Mode Task Name Duration Start Finish 1 NOTICE TO PROCEED 0 days Fri 9/29/23 Fri 9/29/23 2 Design Kick Off Meeting 0 days Thu 10/5/23 Thu 10/5/23 3 Topographic Survey & ROW Investigation 20 days Fri 9/29/23 Thu 10/26/23 4 Utility and ROW mapping (Design level)5 days Fri 10/27/23 Thu 11/2/23 5 30% Design Stage 48 days Fri 10/27/23 Tue 1/2/24 6 30% Design and Plan 20 days Fri 10/27/23 Thu 11/23/23 7 30% EOPC 5 days Fri 11/24/23 Thu 11/30/23 8 30% Plan Submittal 0 days Thu 11/30/23 Thu 11/30/23 9 30% Town and Utility Review 20 days Fri 12/1/23 Thu 12/28/23 10 Town 30% Comment Resolution Mtg 0 days Tue 1/2/24 Tue 1/2/24 11 60% Design Stage 53 days Fri 10/27/23 Tue 1/9/24 12 60% Design and Plans 25 days Fri 10/27/23 Thu 11/30/23 13 60% EOPC 5 days Fri 12/1/23 Thu 12/7/23 14 60% Plan Submittal 0 days Thu 12/7/23 Thu 12/7/23 15 60% Town and Utility Review 20 days Fri 12/8/23 Thu 1/4/24 16 Town 60% Comment Resolution Mtg 0 days Tue 1/9/24 Tue 1/9/24 17 90% Design Stage 48 days Wed 1/10/24Fri 3/15/24 18 90% Design and Plans 20 days Wed 1/10/24 Tue 2/6/24 19 90% EOPC and Technical Specs 5 days Wed 2/7/24 Tue 2/13/24 20 90% Submittal (Town/Scottsdale/Utilities)0 days Tue 2/13/24 Tue 2/13/24 21 90% Town and Utility Review 20 days Wed 2/14/24 Tue 3/12/24 22 90% Town Comment Resolution 0 days Fri 3/15/24 Fri 3/15/24 23 90% Utility Coord Meeting 0 days Fri 3/15/24 Fri 3/15/24 24 Final Design Stage 15 days Mon 3/18/24Fri 4/5/24 25 Final (Sealed) Plans, Specs and Estimate 15 days Mon 3/18/24 Fri 4/5/24 26 Final Submittal 0 days Fri 4/5/24 Fri 4/5/24 9/29 10/5 11/30 1/2 12/7 1/9 2/13 3/15 3/15 4/5 9/21 10/1 10/1110/21 11/111/1111/21 12/1 12/1112/21 1/1 1/11 1/21 2/1 2/11 2/21 3/1 3/11 3/21 4/1 4/11 4/21 5/1 5/11 5/21OctoberNovemberDecemberJanuaryFebruaryMarchAprilMay June Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress TOFH - FOUNTAIN HILLS BLVD AND PALISADES BLVD FINAL DESIGN SCHEDULE 2023-08-22_Schedule_Palisades_FH.mpp Page 1 Tue 8/22/23 Project: 2021_0623_Schedule_P Date: Tue 8/22/23 Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 9 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 APPENDIX C SUBCONSULTANT SERVICES CRS – Topographic Services Palisades Blvd & Fountain Hills Boulevard Intersection Improvement Design Rev. August 22, 2023 / Page 10 kimley-horn.com 7740 N. 16th Street, Suite 300, Phoenix, AZ 85020 602 944 5500 APPENDIX D Alternative 2 Exhibit Figure 6 Alternative 2 - Fountain Hills Blvd and Palisades Blvd Sight Distance (Improved Conditions) Fountain Hills Boulevard and Palisades Boulevard | Intersection Traffic StudyJune 2021 NORTH SIGHT DISTANCE METHOD Fo u n t a i n H i l l s B l v d Palisades Blvd June 2021 Fountain Hills Boulevard and Palisades Boulevard | Intersection Traffic Study SIGHT DISTANCE METHOD Palisades Blvd Figure 6 Alternative 2 - Fountain Hills Blvd and Palisades Blvd Sight Distance (Improved Conditions) Fo u n t a i n Hi l l s B l v d ITEM 9. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 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: Approval of First Amendment to Cooperative purchasing agreement 2023-026 with Interwest Safety Supply for signs and sign hardware Staff Summary (Background) Highway signs are the means by which the Town of Fountain Hills communicates the rules, warnings, guidance and other highway information that drivers need to navigate their roads and streets safely. The Town's sign maintenance program replaces and repairs signs such as stop and yield, speed limit, warning, parking regulatory and street name signs. Essential signs are handled as emergencies and are usually replaced within 4 hours of notification. These include stop, yield, do not enter, one way, detour and school crossings. The Town is responsible for over 5,000 signs. The sign management system includes inventory, inspection, preventive maintenance, repair and replacement, and recordkeeping as part of the maintenance program. Several days a year, Street department staff remove damaged, old, and faded traffic signs from streets and return them to the Sign Shop. Outdated and damaged signs are collected and sent to an aluminum recycling vendor, who pays the Town the current market rate for recycled aluminum. This routine maintenance and proactive approach ensures compliance with State and Federal guidelines. During the pandemic it became increasing difficult to purchase signs. During this time frame the Town's sign inventory was greatly depleted. This contract in the annual amount of $100,000 is budgeted in the Streets Fund and will allow staff to perform standard maintenance as well as restock the inventory and prepare for numerous signs that are nearing the end of their reflectivity life. By utilizing cooperative purchasing agreement contracts, the Town of Fountain Hills has been able to take advantage of competitive pricing from procurement processes of other municipalities. The City of Peoria recently solicited bids for Street signs and Hardware. (RFP NO: P21-0063) Based on this competitive process, the City of Peoria awarded the contract to Interwest Safety Supply. this competitive process, the City of Peoria awarded the contract to Interwest Safety Supply.  Interwest Safety Supply has agreed to extend Peoria’s contract pricing to the Town of Fountain Hills. As a result, the Public Works Department wishes to take advantage of this outstanding pricing by entering into the first Amendment to this cooperative purchasing agreement with Interwest Safety and Supply, LLC, to provide the Town with signs and hardware as needed.  Related Ordinance, Policy or Guiding Principle Public Works Mission Statement Risk Analysis Not approving the CPA will delay the purchase of signs and sign hardware.  Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Amendment to Cooperative Purchasing Agreement 2023-026 with Interwest Safety Supply LLC, as presented SUGGESTED MOTION MOVE to approve the First Amendment  to Cooperative Purchasing Agreement 2023-026 with Interwest Safety Supply LLC, for signs and sign hardware in the amount of $100,000 annually.  Fiscal Impact Fiscal Impact:$100,000 Budget Reference:N/A Funding Source:Streets Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A   Fiscal Impact:$100,000 Budget Reference:N/A Funding Source:Streets Fund If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Cooperative Purchasing Agreement  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/15/2023 04:27 PM Finance Director David Pock 09/18/2023 07:10 AM Town Attorney Aaron D. Arnson 09/18/2023 09:53 AM Interim Town Manager Rachael Goodwin 09/25/2023 05:10 PM Form Started By: Justin Weldy Started On: 09/06/2023 04:42 PM Final Approval Date: 09/25/2023  1 Contract No. 2023-026.1 FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND INTERWEST SAFETY SUPPLY, LLC THIS FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this “First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Interwest Safety Supply, Inc., a(n) Delaware limited liability company (the “Contractor”). RECITALS A. After a competitive procurement process (IFB No. P21-0063), the City of Peoria (“City”) entered into Contract No. ACON19421, dated August 16, 2021, as amended (the “City Contract”), with the Contractor for the purchase Street Signs and Hardware. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated July 1, 2022, based upon the City Contract (the “Agreement”), for the purchase of Street Signs and Hardware (the “Materials and Services”). The terms of the Agreement are incorporated herein. C. The Town has determined that it is necessary to extend the term of the Agreement and additional Materials and Services (the “Additional Materials and Services”) are necessary. D. The Town and the Contractor desire to enter into this First Amendment to (i) increase the compensation authorized by the Agreement for the Additional Materials and Services, (ii) allow for $100,000 as the amount not to exceed per term, and (iii) extent the term of the Agreement (Exhibit C). AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall pay the Contractor an aggregate amount not to exceed $350,000 (including all renewals) for the Additional Materials and Services, which increased the contract amount by $300,000. The aggregate amount per renewal term shall not exceed $100,000 in 2 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. 2. Term of Agreement. This Agreement shall be effective as of the date of execution and shall remain in full force and effect until August 15, 2024 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the City Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to two successive one-year terms (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the City Contract has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional one-year term and (iv) the Town approves the additional one-year term in writing (including any price adjustments approved as part of the City Contract), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 3. Exhibit C is hereby incorporated by this reference. 4. 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. 5. Non-Default. By executing this First Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 6. Israel. Contractor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 7. 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. 3 7. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] EXHIBIT C TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND INTERWEST SAFETY SUPPLY, LLC [Cooperative Term Extension] See following pages. 7/31/23 14:08 MST 07/31/2023 ITEM 9. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 10/03/2023 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Linda Mendenhall, Town Clerk Staff Contact Information: Aaron D. Arnson, Town Attorney Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of an Employment Agreement between the Town of Fountain Hills and Rachael Goodwin for the position of Town Manager. Staff Summary (Background) Rachael Goodwin has been serving as the Interim Town Manager since April 2023. Following direction from the Town Council in executive session, the Town Attorney's office negotiated an employment agreement with Ms. Goodwin to allow the Council to appoint her to the Town Manager position on a permanent basis. The staff is pleased to present the Employment Agreement for the Council's consideration and approval. 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 approval. SUGGESTED MOTION MOVE to approve the Employment Agreement between the Town of Fountain Hills and Rachael Goodwin. Attachments Employment Agreement  Form Review Inbox Reviewed By Date Town Attorney Linda Mendenhall 09/21/2023 03:13 PM Finance Director David Pock 09/21/2023 04:25 PM Deputy Town Manager/Admin. Services David Trimble 09/25/2023 06:03 PM Town Attorney Aaron D. Arnson 09/25/2023 09:07 PM Form Started By: Linda Mendenhall Started On: 09/21/2023 03:04 PM Final Approval Date: 09/25/2023  1 EMPLOYMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND RACHAEL GOODWIN THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into October 3, 2023, by and between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Rachael Goodwin (“Goodwin”). The Town and Town Manager are sometimes referred to herein collectively as the “Parties” or individually as a “Party.” RECITALS A.The Mayor and Council of the Town of Fountain Hills desire to engage theservices of Goodwin as Town Manager of the Town, as provided by A.R.S. § 9-239 and Article 3-1 of the Fountain Hills Town Code (the “Town Code”). B.It is the desire of the Town to enter into this Agreement to provide certain benefits,to establish certain conditions of employment, and to set working conditions for Goodwin, and it is the desire of Goodwin to provide the benefits of her training, experience, and expertise to the Town. C.The parties acknowledge that Goodwin is, or within 30 days of the effective dateof this Agreement will be, a member of the International City/County Management Association (“ICMA”), and that Goodwin is or will be subject to the ICMA Code of Ethics. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby incorporated into and are deemed an integral part of this Agreement, the mutual covenants set forth below and other good and valuable consideration, the receipt and sufficiency of which are mutually acknowledged by the parties hereto, the Town and Goodwin hereby agree as follows: 1.Duties. Goodwin shall perform the functions and duties specified for the Town Manager in the Town Code and applicable laws and to perform other legally permissible and proper duties and functions as the Town Council shall from time-to-time assign. Goodwin shall not be reassigned from the position of Town Manager to another position without her express, written consent. 2.Term. This Agreement shall be effective as of the date first set forth above andshall remain in full force and effect until terminated by either the Town or Goodwin as set forth in this Agreement. The Town and Goodwin agree that Goodwin shall continue her official duties for the Town and, during the term of this Agreement, Goodwin shall be in the exclusive employ of the Town and shall not accept other employment or carry out any other business except that of the position of the Town Manager unless authorized to do so by the Town Council, in writing, prior to Goodwin engaging in such other activity; provided, however, that any such 2 additional duties shall be conducted on Goodwin’s vacation time and without the use of Town resources or equipment. 3. Termination. This Agreement may be terminated by the Town with or without cause at any time, subject only to subsection 3-1-1(E) of the Town Code and the severance provisions set forth in subsections 3.1 and 3.2 of this Agreement. Except as otherwise set forth in subsection 3.4, Goodwin may terminate this Agreement at any time, with or without cause, upon not less than 30 days written notice to the Town Council. 3.1 Severance With Cause. If the Town Council terminates this Agreement with cause, no severance pay will be paid to Goodwin unless otherwise approved by the Town Council in its sole discretion. For the purposes of this Agreement, “with cause” shall mean that the Town Council, at a duly posted public meeting, has determined that Goodwin has: (A) committed an act of gross insubordination by refusing to take a legal action that is within the scope of her employment when specifically directed to do so by a majority of the Town Council at a duly posted meeting, (B) been charged with a felony, a crime involving moral turpitude, or an act made criminal under Arizona Revised Statutes and that adversely affects the business or reputation of the Town, (C) either in her personal or professional capacity, severely damaged the reputation of the Town or the Town Council, (D) materially failed to perform her duties as the Town Manager as set forth in this Agreement, (E) caused or by gross negligence allowed any practice, activity, decision or organizational circumstance that is either illegal or immoral, (F) violated provisions of the ICMA Code of Ethics, or (G) committed malfeasance in office or willful breach or habitual neglect of the duties described in subsection 3-1-l(H) of the Town Code. 3.2 Severance Without Cause. A.In the event the Town Council terminates this Agreement without cause, Goodwin shall be entitled to severance pay in an amount equal to six months of her annual base salary and benefits, in addition to pay out of accrued vacation and sick leave at the then- current rates set forth for all Town employees in the Town’s personnel rules, at the time of such termination, but specifically excluding any payout for unused Management Leave as described in subsection 6.8 below. Payment of any such severance shall be contingent upon the following: (1)Goodwin executing a severance agreement acceptable toboth parties, which shall include at least Goodwin’s: (a) full release of the Town and all its agents, officers, and employees from any and all claims, including but not limited to, demands, damages, causes of action or liability arising out of Goodwin’s employment or termination of employment with Town, (b) agreement not to initiate or cause to be initiated under any lawsuit, claim, grievance, proceeding, or investigation of any kind, under any contract, law, or regulation, pertaining to her employment with the Town, and (c) acknowledgement that the Town will provide no more than neutral references for Goodwin, but that the Town may be required to disclose any and all records related to such termination pursuant to a valid request for public records. 3 (2) Goodwin making herself reasonably available as needed by the Town for consulting purposes for a period of time equal to the number of months of severance paid. B. It shall be deemed severance without cause if, at any time during the term of this Agreement, the Town Council: (1) reduces Goodwin’s salary or other financial benefits in a greater percentage than an applicable across-the-board reduction for all Town employees, or (2) refuses to comply with a material term of this Agreement within 30 days after written notice from Goodwin. C. If Goodwin’s employment is terminated pursuant to this subsection 3.2, all benefits furnished by Town shall terminate on the date of termination of this Agreement. 3.3 Voluntary Resignation. In the event Goodwin voluntarily terminates this Agreement for any reason, she shall not be entitled to severance pay, unless otherwise approved by the Town Council in its sole discretion. 3.4 Forced Resignation. In the event of a suggestion, either formal or informal, by one or more members of the Town Council, including the Mayor, that she resign, Goodwin may require that the Mayor, Town Council, and Goodwin meet and discuss the matter in an effort to resolve any disagreement or misunderstanding that led to the suggestion of resignation, subject to compliance with the Open Meeting Law and other applicable laws. If Goodwin resigns following an offer to accept resignation by a majority of the Town Council, whether formal or informal, then Goodwin is entitled to the same severance pay as set forth in Section 3.2 Severance Without Cause as of the date of the acceptance. 4. Suspension. If the Town Council has determined that “for cause” termination is appropriate as set forth in subsection 3.1 above, the Town Council may, in its sole discretion, as an alternative to, or prior to, termination, suspend Goodwin with or without pay for a period of up to 30 days. 5. Disability. If Goodwin is permanently disabled or is otherwise unable to fulfill her duties hereunder due to sickness, accident, injury, health or mental incapacity for a period of four consecutive weeks beyond any accrued sick leave, or a minimum of 12 weeks as defined under the Family Medical Leave Act of 1993 (FMLA) should said accrued sick leave be less than twelve weeks, the Town shall have the option to terminate this Agreement. A termination due to disability shall not be exercised unreasonably. 6. Compensation. 6.1 Salary. The Town agrees to pay Goodwin a base salary of $195,000.00, beginning with the first pay period immediately after the date on which this Agreement is effective, for services rendered pursuant to this Agreement, payable in installments at the same time as other management employees of the Town are paid. Goodwin’s base salary shall be increased in each fiscal year by the 12-month Consumer Price Index for All Urban Consumers 4 (CPI-U). 6.2 Merit Pay Increases. The Town Council may, in its sole discretion, increase the compensation paid to Town Manager by an additional amount to be determined by the Town Council. Increased compensation may be in the form of a salary increase or other compensation and/or benefits as determined by the Town Council. 6.3 Disability Health and Life Insurance. The Town agrees to provide life, accident, sickness, short- and long-term disability income benefits, major medical, hospitalization, surgical and comprehensive medical insurance, workers compensation and FMLA benefits in the same manner and at the same benefit level as is generally provided to all the Town employees. 6.4 Retirement and Deferred Compensation. The Town shall make contributions to the Town’s ICMA 401 plans on Goodwin’s behalf in the same amount as contributed for other management employees of the Town. Goodwin may, at her sole option and expense, contribute to the Town’s existing ICMA-RC 457 plan account (any catch-up amounts permitted by the plan shall be made separately by Goodwin). Such contributions shall be in 26 equal bi-monthly installments. The Town further agrees to transfer ownership of Goodwin’s plan(s), to the extent permitted by law, to any succeeding employer in the event of Goodwin’s termination of employment, for any reason. 6.5 Cellular Telephone. The Town shall provide Goodwin a Town-issued cellular telephone through which to conduct Town business. 6.6 Automobile. The Town shall provide Goodwin with a vehicle allowance of $600 per month. 6.7 Vacation and Sick Leave. Goodwin shall accrue vacation and sick leave at the same rate as granted other employees. Goodwin shall be compensated for unused vacation and sick leave upon termination according to the provisions of the Town’s then-current personnel rules relating thereto. 6.8 Management Leave. Upon the effective date of this Agreement, Goodwin shall be granted a prorated number of hours of Management Leave to be used at her discretion. Thereafter, Goodwin shall be granted, on July 1 of each year, 80 hours of Management Leave to be used at her discretion. Leave under this subsection 6.8 shall not accumulate from year to year, and the unused portion shall be forfeited on June 30 of each year. This leave shall not be included as a portion of Severance Pay as set forth in Section 3.2 above. 7. Performance Evaluation. The Town Council shall annually review and evaluate Goodwin's performance in or around October of each year. Goodwin’s review and evaluation shall be based upon: (i) success at fulfilling the reasonably achievable goals and performance objectives set forth by the Town Council in its annual retreat, (ii) personnel management, including overall management style and ability to lead and direct staff and ability to supervise 5 department heads, but specifically excluding any evaluation of Goodwin’s hiring and firing decisions with respect to individual staff members, (iii) obtainment of additional, reasonably achievable policy objectives and goals as set forth by a majority of the Town Council at a public meeting; provided, however, that such goals and objectives are generally obtainable within the time allowed and within the limitations of the annual budget and (iv) professionalism, including manner of addressing the Town Council, preparation of Council agendas and supporting material and preparation and management of the annual budget. 8. Hours of Work. The Town Council recognizes that Goodwin is a salaried employee and must devote a great deal of time beyond the normal office hours to business of the Town and, to that end, Goodwin will be allowed to take reasonable time off as she shall deem appropriate during said normal office hours. 9. Dues and Subscriptions. The Town agrees to budget for and to pay for Goodwin’s professional dues and subscriptions necessary for her continuation and full participation in national, regional, state and local associations and organizations of which she is currently a member or expected to be a member because of her position as Town Manager, and for other necessary and desirable expenses for her continued professional participation, growth, and advancement, and for the good of the Town, as the Town Council deems appropriate. This benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above. 10. Professional Development. 10.1 Professional Associations. The Town hereby agrees to budget for and to pay for Goodwin’s travel expenses of professional and official travel, meetings, and occasions it deems necessary to continue her professional development and to adequately pursue necessary official functions for the Town, including but not limited to the ICMA annual conference, the Arizona City/County Management Association conferences, the League of Arizona Cities and Towns annual conference, and such other national, regional, state, and local governmental groups and committees thereof on which Goodwin serves as a member. This benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above. 10.2 Continuing Education. The Town also agrees to budget for and to pay for Goodwin’s reasonable travel, registration and subsistence expenses for short courses, institutes and seminars that it deems necessary for her professional development and for the good of the Town. This benefit shall not be included as a portion of Severance Pay as set forth in Section 3 above. 11. Expenses. The Town recognizes that certain expenses of a non-personal and generally job-affiliated nature are periodically incurred by Goodwin. The Town agrees to: (A) reimburse or to pay said general expenses and (B) authorize the Finance Director or authorized designee to disburse such monies upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 12. Civic Club Membership. The Town recognizes the desirability of representation in and before local civic and other organizations, and Goodwin is authorized to become a 6 member of such civic clubs or organizations the Town Council deems necessary and for which the Town shall pay all expenses. Goodwin shall report to the Town on each membership that she has taken out at the Town’s expense. 13. Indemnification. In addition to that required under state and local law, the Town shall defend, save harmless, and indemnify Goodwin from and against any tort, professional liability claim, or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Goodwin’s duties as prescribed by the Town Code or separate directions of the Town Council. 14. Bonding. The Town shall bear the full cost of any fidelity or other bonds required of Goodwin under any law or ordinance. 15. Default; Cure. Failure or unreasonable delay by Goodwin or the Town to perform or otherwise act in accordance with any term or provision hereof shall constitute a breach of this Agreement and, if the breach is not cured within 30 days after written notice thereof from the other party, shall constitute a default under this Agreement; provided, however, that if the failure is such that more than 30 days would reasonably be required to perform such action or comply with any term or provision hereof, then the party shall have such additional time as may be necessary to perform or comply so long as the party commences performance or compliance within 15 days after written notice and diligently proceeds to complete such performance or fulfill such obligation (the “Cure Period”); provided further, however, that no such cure period shall exceed 90 days, unless otherwise agreed to, in writing, by the parties. Any notice of a breach shall specify the nature of the alleged breach and the manner in which said breach may be satisfactorily cured, if possible. In the event a breach is not cured within the Cure Period, the non-defaulting party shall have all rights and remedies which may be available under law or equity. 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: Mayor With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Town Attorney 7 If to Goodwin: Rachael Goodwin Fountain Hills, Arizona 85268 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 Section. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 17. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or Goodwin of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 18. Attorneys’ Fees. In the event either party finds it necessary to bring any action at law or other proceeding against the other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach or default hereunder, the party prevailing in such action or other proceeding shall be paid all reasonable costs and reasonable attorneys’ fees by the other party and, in the event any judgment is secured by said prevailing party, all such costs and attorneys’ fees shall be included therein, with such fees to be set by the court and not by jury. 19. Headings. The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 20. Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. 21. Time of the Essence. Time is of the essence in this Agreement. 22. Assignment. This Agreement may not be assigned, in whole or in part. 23. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 24. Amendment. No amendment or waiver of any provision in this Agreement will 8 be binding: (i) on the Town unless and until it has been approved by the Town Council and has become effective or (ii) on Goodwin unless and until it has been executed by Goodwin or her authorized representative. 25. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 26. Severability. Every provision of this Agreement is and will be construed to be a separate and independent covenant. If any provision in this Agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this Agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability. Each provision in this Agreement will be valid and will be enforced to the extent permitted by law and the parties will negotiate in good faith for such amendments of this Agreement as may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. 27. Covenant of Good Faith. In exercising their rights and in performing their obligations pursuant to this Agreement, the parties will cooperate with one another in good faith to ensure the intent of this Agreement can be attained. The Town and its Town Council shall not unreasonably withhold appropriation authority to fund the salary, benefits and other provisions of this Agreement. 28. Conflict of Interest. This Agreement may be cancelled by the Town pursuant to ARIZ. REV. STAT. § 38-511. 29. Counsel Assistance; Fair Interpretation. 29.1 Counsel for Goodwin. Goodwin has either been assisted by counsel in connection with the preparation and execution of this Agreement or has chosen to forego such legal representation despite a recommendation from the Town that Goodwin seek advice from legal counsel. 29.2 Counsel for Town. The Town has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 29.3 Fair Interpretation. This Agreement shall be construed according to the fair meaning of its language. The rule of construction that ambiguities shall be resolved against the party who drafted a provision shall not be employed in interpreting this Agreement. 30. Non-Default. By executing this Agreement, Goodwin affirmatively asserts that: (i) the Town is not currently in default, nor has been in default at any time prior to this Agreement, under any of the terms or conditions of the Employment Agreement and (ii) any and all claims, known or unknown relating to the Employment Agreement and existing on or before the date of this Agreement are forever waived. 9 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation ________________________________ Ginny Dickey, Mayor of Fountain Hills ATTEST: ________________________________ Linda Mendenhall, Town Clerk APPROVED AS TO FORM: ________________________________ Aaron D. Arnson, Town Attorney “Goodwin” Rachael Goodwin, Town Manager By: __________________________