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Home My WebLink AboutAGENDApacket__10-01-24_0552_632 NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL Mayor Ginny Dickey Vice Mayor Brenda J. Kalivianakis Councilmember Peggy McMahon Councilmember Hannah Toth Councilmember Gerry Friedel VACANT Councilmember Allen Skillicorn TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, OCTOBER 1, 2024 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived. REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting https://www.fountainhillsaz.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting. These comments will be shared with the Town Council. NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3). 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey 2.INVOCATION - Pastor John R. Koczman, Trinity Lutheran Church 3.ROLL CALL – Mayor Dickey 4.STATEMENT OF PARTICIPATION 5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER A.PROCLAMATION: Designation of October as National Arts and Humanities Month. B.PROCLAMATION: Designation of October as Community Planning Month. C.PROCLAMATION: Designation of October 6 - 12, 2024, as Fire Prevention Week. D.PROCLAMATION: Designation of October 2024, as Domestic Violence Awareness Month. 6.PRESENTATIONS A.The Chief Financial Officer will present 4th Quarter and Full Fiscal Year 2024 Actual Town Revenues to Mayor & Council. 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 Town Council Regular Meeting of October 1, 2024 2 conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda. 8.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda. A.CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Regular Meeting of September 4, 2024. B.CONSIDERATION AND POSSIBLE ACTION: Approval of Ordinance 24-18 Reinstating Town Code 9-5 9.REGULAR AGENDA A.CONSIDERATION AND POSSIBLE ACTION: Professional Services Agreement 2025-030 with Top Leaf Tree Services, LLC for wash and dam maintenance. B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-037 for an Intergovernmental Agreement with the Town of Gilbert for use of the Gilbert Fire and Medical Department's (GFMD) training facility and associated programs. C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-39, Relating to the Sunset of the Sister Cities Advisory Commission. D.CONSIDERATION AND POSSIBLE ACTION: Ordinance No. 24-19, Deleting Article 2A-6 of the Fountain Hills Town Code for the Sunset of the Sister Cities Advisory Commission. 10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER The Council may (1) request the Town Manager to follow-up on matters presented at that meeting; and/or (2) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. 11.FUTURE AGENDA ITEMS Town Council Regular Meeting of October 1, 2024 3 11.FUTURE AGENDA ITEMS 12.ADJOURNMENT Dated this 26th day of September 2024. _____________________________________________ Angela Padgett-Espiritu, 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 1, 2024 4 ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of October as National Arts and Humanities Month. Staff Summary (Background) Mayor Dickey will proclaim the month of October as National Arts and Humanities Month. Attachments PROCLAMATION: Designation of October as National Arts and Humanities Month Form Review Form Started By: Angela Padgett-Espiritu Started On: 08/14/2024 03:26 PM Final Approval Date: 08/14/2024 ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of October as Community Planning Month. Staff Summary (Background) Mayor Dickey will proclaim the month of October as Community Planning Month. Attachments PROCLAMATION: Designation of October as Community Planning Month Form Review Form Started By: Angela Padgett-Espiritu Started On: 08/14/2024 03:45 PM Final Approval Date: 08/14/2024 ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of October 6 - 12, 2024, as Fire Prevention Week. Staff Summary (Background) Mayor Dickey will proclaim October 6 - 12, 2024, as Fire Prevention Week. Attachments Proclamation - Fire Prevention Week 2024 Form Review Form Started By: Angela Padgett-Espiritu Started On: 08/14/2024 03:52 PM Final Approval Date: 08/14/2024 ITEM 5. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Reports Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language): PROCLAMATION: Designation of October 2024, as Domestic Violence Awareness Month. Staff Summary (Background) Mayor Dickey will proclaim October 2024, as Domestic Violence Awareness Month. Attachments PROCLAMTION: Designation of October 2024, as Domestic Violence Awareness Month. Form Review Form Started By: Angela Padgett-Espiritu Started On: 08/14/2024 03:58 PM Final Approval Date: 08/14/2024 ITEM 6. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Presentations Submitting Department: Administration Prepared by: Paul Soldinger, Chief Financial Officer Staff Contact Information: Paul Soldinger, Chief Financial Officer Request to Town Council Regular Meeting (Agenda Language): The Chief Financial Officer will present 4th Quarter and Full Fiscal Year 2024 Actual Town Revenues to Mayor & Council. Attachments FY24 Revenue Presentation Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/23/2024 08:58 AM Interim Town Manager Angela Padgett-Espiritu 09/23/2024 01:55 PM Town Manager Angela Padgett-Espiritu 09/24/2024 09:49 AM Form Started By: Paul Soldinger Started On: 09/17/2024 04:53 PM Final Approval Date: 09/24/2024 FY24 Revenues Paul Soldinger, Chief Financial Officer October 1, 2024 4th Quarter and Full FY24 Revenue Update Net Taxable Activity •Total Net Taxable Activity for Q4 of FY24 was $194.2M •Decreased by $23.3M from the same period in FY23 (but $20.7M more than Q4 of FY22) •High Net Taxable Activity in April 2023 4th Quarter Revenue Update FY2024 Full Year 735,607,741 4th quarter 194,261,920 Total Net Taxable Activity within the Town Total TPT Collections •Includes all TPT reporting categories for all funds •Budgeted $4.17M •Collected $5.39M •$1.22M more than projections •Increase of $278K compared to Q4 FY23 4th Quarter Revenue Update FY2022 FY2023 FY2024 Change from FY23 Full Year 17,660,758 20,586,294 20,559,929 -0.13% 4th quarter 4,883,279 5,107,239 5,385,665 5.45% TPT Revenues Total TPT Collections 4th Quarter Revenue Update Retail Sales •Includes Local and Online Retail Sales and Use Tax •Budgeted $2.59M •Collected $2.78M •$190K more than expected •Increase of $24K compared to Q4 of FY23 4th Quarter Revenue Update FY2022 FY2023 FY2024 Change from FY23 Full Year 9,834,924 10,500,903 10,689,795 1.80% 4th quarter 2,673,722 2,757,584 2,781,810 0.88% Retail Sales Retail Sales –without food sales 4th Quarter Revenue Update $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 FY2022 FY2023 FY2024 Retail TPT -Without Food Tax Full Year 4th quarter FY2022 FY2023 FY2024 Increase from FY23 Full Year 7,963,676 8,418,995 8,510,274 1.08% 4th quarter 2,165,956 2,185,339 2,213,042 1.27% Retail sales - without food sales Retail Sales –Remote Sellers 4th Quarter Revenue Update $0 $200,000 $400,000 $600,000 $800,000 $1,000,000 $1,200,000 $1,400,000 $1,600,000 $1,800,000 FY2022 FY2023 FY2024 Remote Sellers TPT Full Year 4th quarter FY2022 FY2023 FY2024 Increase from FY23 Full Year 1,347,996 1,520,558 1,730,864 13.83% 4th quarter 356,541 405,875 431,604 6.34% Total Remote Sellers Construction •Includes Prime Contracting and Speculative Builders •Budgeted $370K •Collected $782K •$412K more than expected •Increase of $224K compared to Q4 of FY23 •Audit collection of $450K in FY23 (prior year) 4th Quarter Revenue Update Audit Collection in FY23 FY2022 FY2023 FY2024 Change from FY23 Full Year 1,780,124 3,449,251 3,197,044 -7.31% 4th quarter 507,907 557,830 781,581 40.11% Construction Utilities & Communications •Includes Water, Sewer, Electricity, Cable, Natural Gas, and Internet Services •Budgeted $298K •Collected $355K •$57K more than expected •Increase of $8K compared to Q4 of FY23 4th Quarter Revenue Update FY2022 FY2023 FY2024 Change from FY23 Full Year 1,501,599 1,576,569 1,661,400 5.38% 4th quarter 333,276 346,706 354,938 2.37% Utilities & Communications Real Estate •Includes Long-Term Residential and Commercial Rentals •Budgeted $277K •Collected $301K •$24K more than expected •Decrease of $9K compared to Q4 of FY23 4th Quarter Revenue Update FY2022 FY2023 FY2024 Change from FY23 Full Year 1,103,239 1,258,010 1,351,156 7.40% 4th quarter 276,365 310,058 301,168 -2.87% Real Estate Long Term Residential Rental Taxes 4th Quarter Revenue Update 541,823 654,572 769,391 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 FY2022 FY2023 FY2024 Long Term Rentals TPT Restaurants and Bars •Includes Local Restaurants (drive thru, sit-down, and delivery) and Bars •Budgeted $286K •Collected $406K •$120K more than expected •Decrease of $26K compared to Q4 of FY23 4th Quarter Revenue Update FY2022 FY2023 FY2024 Change from FY23 Full Year 1,446,970 1,517,061 1,452,327 -4.27% 4th quarter 442,486 431,876 405,525 -6.10% Restaurants & Bars Services •Includes Hotels, Golf, Tours, and Short-Term Residential Rentals •Budgeted $349K •Collected $760K •$411K more than expected •Increase of $59K compared to Q4 of FY23 4th Quarter Revenue Update $0 $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1 2 3 4 5 6 7 8 9 10 11 12 Th o u s a n d s TPT Collections by Fiscal Year & Period Services 2020 2021 2022 2023 2024 FY2022 FY2023 FY2024 Change from FY23 Full Year 1,992,956 2,278,724 2,206,543 -3.17% 4th quarter 647,682 701,252 759,857 8.36% Services State Shared Revenue 4th Quarter Revenue Update •Budgeted $896K •Collected $921K •Budgeted $1.60M •Collected $1.58M State Shared Revenue •Budgeted $462K •Collected $505K •Budgeted $305K •Collected $348K 4th Quarter Revenue Update ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Regular Meeting of September 4, 2024. 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 Town Council Regular Meeting of September 4, 2024. SUGGESTED MOTION MOVE to approve the minutes of the Town Council Regular Meeting of September 4, 2024, as presented. Attachments Verbatim Transcript Form Review Form Started By: Angela Padgett-Espiritu Started On: 08/29/2024 03:25 PM Final Approval Date: 08/29/2024 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL September 4, 2024 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Brenda J. Kalivianakis; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Acting Town Clerk Angela Padgett-Espiritu TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 1 of 97 Post-Production File Town of Fountain Hills T own Council Meeting Minutes September 4, 2024 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 4, 2024 TOWN COUNCIL MEETING MINUTES Page 2 of 97 MAYOR DICKEY: Good evening, everyone. Welcome. Please stand for the pledge and remain standing, if you choose, 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. Pastor Keith Pavia from Christ's Church? PAVIA: Mayor Dickey, Council. I'm honored to be here to start this meeting off in prayer. Dear God, I come to you today and thank you for loving us and being the one we put our trust in. I ask you to watch over this meeting and help us put away our differences so we can function for the betterment of this town. We are grateful that we live here in an amazing place. Keep us focused on you, and know that we embrace being one nation under God. Again, be with us and this council as we have this meeting, and make sure we are filled with integrity. And we just pray all this in Jesus' name. Amen. ALL: Amen. MAYOR DICKEY: Thank you. Roll call, please. PADGETT-ESPIRITU: Mayor Dickey? MAYOR DICKEY: Here. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Here. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Present. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Here. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Present. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Here. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 3 of 97 PADGETT-ESPIRITU: And Councilmember Skillicorn? SKILLICORN: Here. PADGETT-ESPIRITU: We have a quorum. MAYOR DICKEY: Thank you. We have our statement? PADGETT-ESPIRITU: Yes. Anyone wishing to address the Council regarding items listed on the agenda or under Call to the Public should fill out a request to comment card located in the back of the council chambers and hand it to the Town Clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name 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 day or to schedule items raised for a future council agenda. MAYOR DICKEY: Thank you, Angela. Start with our reports, and we'll start with our Town Manager. Rachael? GOODWIN: Thank you, Mayor, Council. Everyone, thanks for joining us tonight. I just had two quick items. As many of you know and, I think, several of our council members, we attended the Arizona League of Cities and Towns last week. It's a great conference. It's a great chance for communities to come together to look at the ways our state is growing and changing and work together, so that -- I really appreciated that. Closer to home, we had a couple questions about what was going on on the avenue this morning. As some folks noted, our holiday lights are actually going up already. Yes, I know it's only September. We're not rushing things. It's actually very normal. We try to get those up before overseeding happens so that our overseeding process isn't interrupted with the trampling, the necessary work that that takes. So we do those ahead of time, then we'll go into overseeding here in a couple of weeks, so it gives us a chance to get ahead of the curve so that we're all ready for the holiday season. So to answer any questions, no, they will not be on any time soon. So thanks. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 4 of 97 TOTH: I was able to attend the League conference as well. I was very excited to see that Fountain Hills had a booth at the showcase of all the municipalities. We haven't done that before in the past in some time, and so it was really exciting to watch people walking up and learning all about Fountain Hills, and these were mayors and councilmembers and town managers and staff from all over the state, so I really enjoyed getting to meet a bunch of these people, and it was a really cool opportunity. GRZYBOWSKI: Not a lot of meetings going on the past couple weeks because of the League conference, so all of the major players were there, so didn't hold meetings. So what I'm going to do is I'm going to remind you guys that Make a Difference Day is coming up next month. It's hard to believe that it's September already. It's on October 19th. I also wanted to mention that I got to meet Steffnie Beck, who is the gal that created the free store in the middle school. It is so heartwarming to see everything that she's gotten and everybody that's donated to the cute little store for the middle school students. If you haven't had a chance, I'm sure she'd love to brag about it. If you're doing purging at all, contact her because she'll take pretty much whatever you have. They're especially looking for clothes, I think, but they are taking a lot of other stuff. Thank you, Mayor. MAYOR DICKEY: (Indiscernible). FRIEDEL: Thank you, Mayor. I'm glad that the Town was well-represented at the League meetings. Some of us had some scheduling conflicts, so not all of us made it down there. And also, with Make a Difference Day, it's a great opportunity to give back to the community. If you haven't done that, there's still time to sign up for that. So we get quite a few volunteers that actually help on a number of different projects around the town, so it's really a rewarding day for everybody. And I want to remind everybody that next month, October, is Domestic Violence Month, so the Town will be lighting the fountain on Wednesday nights purple just to raise awareness to domestic violence and will also be doing the lights around the town hall in TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 5 of 97 purple as well. So that's all I have. MAYOR DICKEY: Thank you. (Indiscernible). MCMAHON: Good evening, everybody, and thank you very much for attending. Unfortunately, I was unable to attend the League of Cities conference because I was out of the country, but I'm glad my colleagues were able to attend. It's a excellent conference. Over the summer, it was busy for me. I attended the dem-friendly committee meeting to plan our next successful dementia-friendly summit. Also, Valley Metro board meetings. I also attended the Cares (indiscernible) meeting with Mayor Dickey and Brenda to -- we're having an October educational event. It's Stay Safe at Home and on the Road While You're Traveling. It's Thursday, October 24th, at 4:30 at the Community Center, so please mark your calendars and attend. It's going to be a very informative event. Also, the 4th of July was a awesome celebration, as usual, for our town. Thousands of people attended. I participated on behalf of our dementia-friendly town in the town's July Senior Expo, which was very much a success. I also worked with Amanda, our financial director, on the Downtown Strategy plan. And one more time, I would like to thank Justin Weldy, David Janover, and their team for putting in the sidewalk at Eagle Mountain and completing the crosswalk so that it is safe for golfers to cross Eagle Mountain Parkway there so they can go to the practice rounds. And also, I wanted to mention that I'm sad to see Bo Larsen, our marketing person, leave. I saw him yesterday. It was his last day. And he is going to be greatly missed by everybody. He was a excellent marketing person. But he is going to a good place in another job. So anyway, thank you -- again, thank you for coming this evening. MAYOR DICKEY: Thank you. KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, thanks, everybody, for coming tonight and for this being another very-well- attended meeting. To all of our friends on Cox Channel 11, YouTube, and livestreaming, TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 6 of 97 welcome to our Town Council meeting. To expand on something that Peggy just said on the Fountain Hills Cares meeting, one of the things I was -- I knew about it last time, but it hadn't been secured yet is we're going to have a very special keynote speaker, and that's going to be Kathy Marks, who's a citizen of Fountain Hills. She's spoken at the Fountain Hills Women of the -- Fountain Hills Republican Women's Club and many other clubs around town. She's a wonderful person, and she will be our future keynote speaker. She's a safety -- security insurance, and risk management professional with over forty years of practical experience. Her presentation will feature on how to spot anomalies in everyday life that are indicators that something bad might be about to happen to you. So that's really exciting. I hope everybody can go. Yeah, I attended the Arizona Cities and Towns conference, too. It was just a really wonderful experience. We had such a diversity of issues that we discussed. Building and maintaining effective mayor -- council-mayor relationships, how to activate commercial vacancies, land use issues, strategies of growth and security, emergency preparedness, navigating Arizona's regulatory agencies, and much, much more. There were over 1,200 public officials, everybody from the governor to the mayors of all the substantial towns, Phoenix, Tempe, Chandler, Mesa, Tucson, all the way down to -- from Page to Nogales. And of course, our Mayor Dickey was there, and she'll tell you about her experience. The thing that is such a wonderful thing about going to this, especially as somebody that hasn't been a politician my whole life, you're really with the superstars of our state government. Again, all the way from the government on down. It's kind of like, I think, a young ball player in the minor leagues gets a chance to go to the Yankees for a week, hang out in the clubhouse, and have them give you pitching tips and hitting tips, and for one week, you just get to hang out with the pros. Or maybe if you're like a political junkie, you get to meet the founding fathers and go in a way-back machine and say, you know, what did you mean about the Second Amendment? Is it just for hunting rifles, or could they own a tank? What do you mean by the Tenth Amendment, you know, how TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 7 of 97 does it curtail the federal government and state's rights. And so it's just an exciting opportunity that we have once a year to tap the knowledge of all of our colleagues, how did you do this, how did you do that. It was just a wonderful experience, and so I really appreciate that. I also appreciate that Amanda and Bo manned our Fountain Hills booth, and that's the first time, I think, in ten years. The show -- our showcase of towns was featured by Fountain Hills, so I was really proud of that, hung around that booth a lot that night. And also, Coleman Pierce (sic), who's a premium -- platinum sponsor. So thank you, Aaron, for being one of the sponsors of that event because, without sponsorship like Aaron's, these events just don't happen. The last thing that's happened in the couple -- last couple weeks is the lawsuit, Skillicorn v. Fountain Hills, Ginny Dickey, Brenda Kalivianakis, and the two councilwomen, was dismissed. I'm pleased that the United States District Court judge, Dominic Lanza, ordered that the plaintiff's motion for a preliminary injunction was denied. Judge Lanza issued a 20-page order with his explanation of why this was dismissed. The Fountain Hills Town Council, as a legislative body, has constitutional rights to censure individual council members. Such discipline and sanctions do not implicate the First Amendment. Also, censure by a town council -- the town councilmember is government speech, which is exempt from First Amendment scrutiny. The plaintiffs allege that we violated their First Amendment constitution and due process rights. That was held incorrect. Legislative immunity in this context is enjoyed by both state and local legislatures. They cited case law to prove -- to provide that, and we are provided absolute immunity from these type of lawsuits. And so that was really good news. It was my first federal case being a defendant, and I'm really glad I won. So anyway, thank you, Ms. Mayor. And that's my report. SKILLICORN: Thank you, Madam Mayor. Welcome, Fountain Hills, for another good evening. I do want to point out that September is Childhood Cancer Awareness Month, so the point is to shine a light on this devastating disease. And then also, something that might affect men in this audience TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 8 of 97 and also people who might love men in this audience is that September is also Prostate Cancer Awareness Month. And then a couple, like -- just very brief, there's a couple events coming up. One is of interest that I think that everyone should attend or just stop by. Saturday morning is the Peach Market. That's the fourth annual Peach Market that I think that everyone should stop by Saturday morning. And that concludes my report for tonight. MAYOR DICKEY: Thanks very much. Yes, we were at the League. It was great. The way -- the first thing I do when I go there is we have this Resolutions Committee, which is all the mayors, and we -- I had given everybody up here the copies of what it was going to be to make sure it was okay for me to support them, and they were -- actually were all supported unanimously by everybody there, and they had to do local control, budgets, housing, security, and economic development. I did go to a bunch of sessions, like Brenda mentioned, so those were very informative. Town Manager got -- and I met with some of our utility partners that were there. They set up meetings with us, that was great, and Economic Development, also. And Rachael was also there at the showcase for a little while. You know, we used to do a chocolate fountain, and that -- maybe that they kind of carried over because we had Chocofin candy bars, but they were long gone by the time I got there. And I want to thank Bone Haus and ADERO, and We-Ko-Pa because they provided raffle prizes, correct? That's great. I was re-elected to the League Executive Committee, which was one of the last things that happened, so I'm honored to be able to represent Fountain Hills in that way. And speaking of -- is somebody saying something? Sorry. I thought I heard somebody saying something. The representing members of the Mayor's Youth Council, who I think are -- some are in the house tonight, also literally carried our banner for us at the opening part of the League. The CEO of the League, Tom Belshe, read words that were written by our outgoing TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 9 of 97 Community Relations Director, Bo, who we did say farewell to yesterday. Bo had written for us -- and it's always very short, but it's kind of neat -- rich with natural scenic beauty, safe neighborhoods, a thriving economy, and endless opportunities for civic engagement, Fountain Hills is the very definition of community. And yes, as Peggy said, Bo will be missed around here for sure. So that was great. We do have one proclamation tonight, and it's Ovarian Cancer Awareness Month, and I would like to ask Rachel -- if you would come up, Rachel Putman, who's a survivor, and we will be presenting that. Hold this, and then I'll read (indiscernible). Rachel is a survivor. Whereas ovarian cancer is one of the most common forms of cancer among women, and it's estimated that 19,880 cases of ovarian cancer will be diagnosed in the U.S. this year, an estimated 12,810 women will lose their lives; whereas there's no test or screening exam that can detect ovarian cancer in its early stages, and only 20 percent of all cases are found early, if the cancer is caught in stage 3 or higher, their survival rate can be as low as 30 percent. I'm glad you're here. Whereas Arizona has the sixth highest incident in mortality rates of ovarian cancer in the southwest, with over 70 percent of its cases being diagnosed at late stage; and whereas doctors across the country are currently conducting clinical trials and researching ovarian cancer, but for the time being, awareness through education is the best tool for early detection and an increased chance of survival; whereas the National Ovarian Cancer Coalition - Arizona is organizing a statewide event in September to light up for ovarian cancer in an effort to promote awareness about the disease that whispers to honor survivors and remember lives lost by participating. So therefore, I, Ginny Dickey, Mayor, do hereby proclaim September 2022 (sic) as Ovarian Cancer Awareness Month, and in Fountain Hills, we light up our famous fountain in teal on September 16th through the 18th to increase awareness in the community and honor those who are or have been affected by ovarian cancer. (Indiscernible). PUTMAN: So the lighting of the fountain is actually tonight -- MAYOR DICKEY: (Indiscernible). TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 10 of 97 PUTMAN: -- through Sunday, so we got to catch it. But thank you, Mayor Dickey. You've been such a great support to me these last several years since I was diagnosed. And I think the thing that I want to just tell everyone is that we were -- this is my husband, Brandon, by the way. We were really blindsided by my diagnosis. There is no early detection test. I think I was living blissfully ignorant every year, getting my women's wellness exam only to learn, when I was diagnosed in June 2020, that I was already at stage 3. I had no signs or symptoms. I actually found the cancer because the prior month, in May 2020, I was diagnosed with breast cancer. So it took two surgeries and four months to diagnose my ovarian cancer, which is actually better than most people because signs and symptoms are very similar to GI issues, and so most people get overlooked when they go to their primary cares or the emergency room or the urgent care. So it's really important that we know our bodies, that we recognize our bodies, that we do understand those signs and symptoms, albeit vague. And what's really interesting to learn is that I have a very rare type of ovarian cancer that disproportionately impacts younger women. It is persistent. It is recurrent. It has an 85 percent recurrent rate. So in four years, I have beaten the odds. And unfortunately, there is no FDA-approved treatment for my cancer, so we sit, and we just hope, and we just try to bring awareness to cities and towns across Arizona. I'm originally from New Jersey, so I was there visiting for three weeks and did my rounds there as well. And I think just bringing awareness to the community is critical, and understanding that the people in your lives, if you are aware of the signs and symptoms of ovarian cancer, know about it, it's important to just tell everyone. So I thank you for this proclamation, for being here tonight, and the Mayor and the City, you guys are amazing. So thank you. MAYOR DICKEY: (Indiscernible). Thank you all very much. Next, we do have a presentation today. It will be about our Economic Development fourth quarter update with Amanda. JACOBS: Hello. Good evening, Madam Mayor, members of Council. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 11 of 97 So tonight, I am presenting the fourth quarter report. That is from April to June. And then, as always, if there is something new, like hot off the press, I will add it in. Given the other hot topics on the agenda, I may try to go a bit quicker, but will read all of you if I'm going a little too fast. But before I get started, I do want to let the Council know and the community that the Economic Development department is fully staffed again, a mighty group of two. And so just wanted to point out our new Economic Development Specialist, Caitlin Perez. And so Caitlin, if you want to stand up or wave. So some of our businesses have been getting calls, and one thing -- she's only been here a month but was collaborating with the Chamber as well as some of our businesses, the River of Time, Night Sky Tourist, which is Vicky Derksen. And thank you, Councilman Skillicorn, for plugging in some of our events, but hot off the press is our new event guide, so stop by the lobby, pick it up, and again, support our businesses and all of the events that we'll be kicking off later this month with Ballet Under the Stars. Business Attraction. Our new openings is Elite Repeat and Peak Dermatology, Aesthetics & Wellness. Both of those businesses are within the downtown. One is in the business district. One is located in Plaza Fountainside. You can see one is volunteer- based. The other does have a solid seven full-time employees. And coming soon, will continue until they're open and we have a ribbon-cutting, is our Coffee Roasters. So again, they have their permits. They're going at the pace that they would like. There's nothing that the Town is doing that is prohibiting them. Always a question. Business Retention and Expansion. Want to talk about relocations, remodels. So Guardian Training & Consulting is a consulting firm, personal training, and safety. And so they've actually been within the town for, like, six to seven years but have decided to have a bricks and mortar and open a business on the avenue, so excited about that. And then the Comfort Inn met with the Mayor and Manager Goodwin and I a few months ago to give us exciting news that they were rebranding to a Spark by Hilton, and so they've been making some significant remodeling and investments, and it's going to be exciting to have a Hilton brand. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 12 of 97 We had our shop local summer campaign from May 1st to July 31st. Come October- November, we'll have some more results, but partnered again with the Fountain Hills Chamber, instead of doing printed ads, we did sticky notes. And again, the whole purpose is to raise awareness that Fountain Hills does not have a local property tax, and so we rely heavily on sales tax, and to keep our current businesses who've made an investment in our town, we need to shop local, folks. And then we, of course, partnered with Clason Communications, which is a home-based business, Debbie Clason, on a social media campaign, so again, we'll be evaluating the effectiveness year over year to see if we'll continue to do that or if we can invest in a different way. And then, we just talked about the fall event guide. Apartment Occupancy Rate. So again, for two and a half years, we've showed we're over 90 percent, but in full transparency, this is the first time Luna at Fountain Hills has gone below 90 percent. And so kind of the summer weighed in on that in talking to reps. And then, of course, if anybody is new watching or in the audience, Four Peaks Vista condos usually remains at the 80 percent because it's not fully rent, so it's a combination of ownership and renting. Apartment Pipeline. Again, Council liked the slide. We introduced it back in January when we were talking about the Four Peaks Plaza and then just requested that I continue to show this. Part of it is to demonstrate, yes, on the books, there's 324 units, but to show that none of this is happening overnight. So you can see several waiting and a couple of no applications have been submitted. So sometimes, again, if that clock runs out, it's up to the developer to either come back, come to Council, get approval or if they just decide, you know what, we're going to abandon this. Vacancy Rate - Existing Buildings. Again, for anybody who's new or needs a refresher because they had fun over the summer -- some of you went out of the country. How fun. But if you look at the vacancy rate, fourth quarter, CoStar. So that is a national firm where people will notify and market the vacancies that are in town. I have shared with Council and community members. Not everyone does that. Some folks just put out a sign in front of their property, and your Economic Development staff has no idea, so we TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 13 of 97 literally have to manually go out. So two and a half years later, we're still trying to work on that. So the side that says fourth quarter staff is more realistic. Do want to give a heads-up. Again, not a mind reader, but the last couple weeks, Caitlin and I have been out in the field, and I'm noticing some more signs pop up, so you may see an increase next year on those numbers. Again, for full transparency. Grant Funding. AOT for this year, so fiscal year '25, so July 1 to June 30th of next year, we have received a slight bump for tourism marketing, over 76,000 hot off the press last week. So last year, Fort McDowell Yavapai Nation did not provide any grant funding to Fountain Hills, and so this year, we were informed it's going to be a little over 16,000. 16,000 is bigger than a zero, so we'll take it. And so as staff, I have let them know I will be taking it and bringing it to Council. And so this is something -- there's no cost sharing. It's in the form of an IGA, intergovernmental agreement, and so as soon as I get that, we look at it internally. It will come to Council for official approval. So same with Salt River Pima - Maricopa Indian Community. Last year, we received 50,000 for our Music Fest. Very grateful for that. And then this weekend, was informed we are receiving another 50,000, so super exciting. Again, no cost share. It's, again, to just advance our events and tourism marketing. Partnerships. Again, just interest of time, have mentioned some of these partners, and again, Economic Development is a team sport, so we need all these partners to help us, again, advance Economic Development, and so appreciate everyone listed. Our Music Fest, again by our award-winning Community Services department, was held in April. We had 7,500 attendees. It was a slight decrease because of rain. We had another big mega event. NBA something-something was happening at that time with Phoenix, and then for some reason, Glendale decided to have the Jonas Brothers, so a little hard to compete, so -- but still, 7,500 is not so shabby. And so with our Evolve PR, our marketing firm that, again, is paid through tourism grant funding, got some media coverage, 12 News, Fox 10. It's always wonderful to get Fountain Hills' name out there. We're almost there, folks. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 14 of 97 So Tourism. We continue to remain in the 60 percentile as far as occupancy. Again, with some of this new branding, we're hoping to start beefing up that. And again, Caitlin comes from Visit Mesa, and so happy to have her roll up her sleeves and bring some new perspective. Our social media continues to increase, so it was by 13.8. Our fountain live feed is our EarthCam, was 153 views -- 153,000. Excuse me. And then Experience Fountain Hills' website, do not be alarmed. Every summer, this happens, but there is a big decrease of 30 percent, and that's because the main things people are coming for are the events. In the summer, it's a bit toasty to be outside and have some of these events. And then just to continue, again going down into Experience Fountain Hills' website viewership, so on the left column, the top five Arizona cities and towns are listed there. Won't go through all of them. And then the top five national are listed. Again, what's nice is to look at this data to see if some of the tourism is matching and in alignment with who we're trying to attract for business attraction, and then through, of course, our regional Economic Development organization, the Greater Phoenix Economic Council, GPEC, that acronym. I feel like that was pretty fast for me. Any questions? MAYOR DICKEY: Thank you. Any questions? I just have one. The AOT. Do you have to tell them -- do you do, like, a specific request on -- and tell them what you're going to do with it, or is it basically you can use as needed? JACOBS: So Madam Mayor, first we have to say that we're wanting to apply, and so they'll look at all the municipalities that qualify and are a listed Designated (sic) Marketing Organization, a DMO, and then we do -- yes, it's very strict. We have to list what we're doing. We have to provide quotes and documentation. There is a thorough review from the State, and then they will approve or deny. MAYOR DICKEY: That's great because that was a good amount of money, so thank you. JACOBS: Yes. You're welcome. MAYOR DICKEY: Any other -- any questions or comments? TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 15 of 97 Thank you. And we will see you later. You're off. JACOBS: So easy. Thank you. I know. See you in a couple. MAYOR DICKEY: Next, we have our Call to the Public. Do we have cards? PADGETT-ESPIRITU: Yes, we do, Mayor. MAYOR DICKEY: Thank you. PADGETT-ESPIRITU: We have -- the Town received a total of seven. One was a written comment regarding stored materials, and the other six are requests to speak. And we will start out with Kim Wolborsky followed by Barry Wolborsky. KIM WOLBORSKY: I'm even worse at this when I'm first. I'm Kim Wolborsky, and I'm a resident of Fountain Hills. And so we moved here at the very end of 2019, so I'm still learning about our town. I learned today that when Vice Mayor Kathleen Nicola passed away from a boating accident -- and excuse me if I've mangled her name -- in 2005, the conservative mayor, Wally Nichols, ignored politics and appointed Councilmember Elect Ginny Dickey to fill her remaining time. Just like Gayle Earle, Ginny Dickey had received enough votes in the primary to be elected without running in the general election. I hope that Mayor Dickey will honor this precedent and choose Councilmember Elect Gayle Earle to fill Councilmember Sharron Grzybowski's seat. And I'm a little out of turn here, but I wanted to thank Councilmember Grzybowski for your service and wish you well in your new spot. We can all see how many hours you put into this $400-a-month job, and your new town will be lucky to have a new resident who's able and willing to contribute so much time to the community. I hope you can visit us and support the Fountain Hills Gun Show. I'm a little concerned that it might fold without your support. Thank you. GRZYBOWSKI: (Indiscernible). MAYOR DICKEY: I'm just going to ask Aaron to please -- just about the appointment thing, would he please read the state statute just so we know what we can and can't do going forward? ARNSON: The state statute for appointments? MAYOR DICKEY: (Indiscernible) verbatim. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 16 of 97 ARNSON: Yeah. Yeah, I'm looking for it right now. If you'll give me just one second, Mayor. MAYOR DICKEY: Okay. Barry, why don't you just go ahead, and then we'll -- BARRY WOLBORSKY: I'll wait for him because it's on the same thing. MAYOR DICKEY: Oh, okay. BARRY WOLBORSKY: Could preempt me. ARNSON: I found it. MAYOR DICKEY: Thank you. ARNSON: All right. Mayor and Council, just for -- in case there are other speakers that intend to speak about the same subject, ARS 9-235 makes it clear that it's the Council that fills the vacancy. It's not a mayor appointment. The Council always has to vote on filling a vacancy in Council. There may be some confusion considering that the mayor does, with the recommendation of subcommittees of the Council, make appointments to commissions and boards. That is not the case by state statute for Council. So it says that the Council shall fill a vacancy that may occur by appointment within a reasonable time. BARRY WOLBORSKY: Then my -- I'm Barry Wolborsky, and I'm a resident of Fountain Hills, and that makes my talk a lot shorter. Even though Councilman Grzybowski and I have disagreed a lot on many issues, I will -- I'll miss her on the Council. She brought a spark and a liveliness to the proceedings, which I appreciated. I especially liked her trying to persuade the Stellar Students to stay for the meetings. Luck on your future plans for you and your family. PADGETT-ESPIRITU: All right. Next up, we have Crystal Cavanaugh followed by Cindy Couture. CAVANAUGH: Good evening. Crystal Cavanaugh, resident. Regarding the inappropriate turn the August canvass the vote meeting and farewell to Town Clerk Mendenhall took when Councilwoman McMahon abruptly threw Friedel, Toth, and Skillicorn under the proverbial bus by calling them out by name with regards to their previous resolution vote and then moved on to inaccurately call the reclaim our town lawsuit frivolous and TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 17 of 97 the reason the town clerk quit and moved to Texas, my only comments are, one, to remind the public that four of you on this council actually put sanctions on Skillicorn after he called out Kalivianakis with a legitimate question that later proved true from her personal email. Number two, the lawsuit judge did not deem the reclaim our town lawsuit frivolous but found there was cause, which is why it then moved along further in the system. And three, there's the obvious consideration that the town clerk may have simply taken a better-paying job elsewhere. And believe it or not, I had a friendly relationship with her until the very end despite that mistake. But more importantly, I do want to point out I agree that the only logical replacement for the outgoing councilwoman would be the one and only candidate who was actually elected outright by the people in the recent election. Councilwoman Elect Gayle Earle should be sworn in to finish Councilwoman Grzybowski's term that ends in December. Hopefully, when the time comes, this council will respect the people's choice and unanimously decide that Gayle Earle should finish that term and then begin her own. Thank you. PADGETT-ESPIRITU: Okay. We have two more. First, it will be Susan Dempster followed by Gene Slechta. COUTURE: (Indiscernible). PADGETT-ESPIRITU: Oh, I'm sorry. Just trying to speed it along. COUTURE: I'm good. Whatever. Okay. Hi. I'm Cindy Couture, and I'll make this quick. I attend council meetings, all of them, or watch them on TV. You guys are famous. And I just want to thank Sharron Grzybowski for an incredible time. Sharron, you always cut through the crap, your common sense. You stand up for business and for people, and we're sure going to miss you here in town. I'm sorry you're going. PADGETT-ESPIRITU: Okay. We'll start over. Okay. Next up, we have Susan Dempster, and, again, as I mentioned earlier, followed by Gene Slechta. DEMPSTER: Good evening, Mayor, Vice Mayor, Council, staff. Susan Dempster, a 18- year resident of Fountain Hills. I'm speaking once again about the application from the TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 18 of 97 Town seeking a permit to pump water at the Panorama Drive. Several of the Morningside residents received a letter very quickly, which we appreciate, after the executive session and my request for more information at the Call to Public at the August 20th meeting. We feel, though, there were some statements in the letter that we didn't agree with and some new information that we're still learning at this juncture. So it would make sense to us to have a meeting to discuss the facts about this and to sit down instead of having this back and forth and learning new information, and it's very frustrating. So we also want to state that the Arizona Department of Water, and I quote, "urges both parties to make a sincere effort at resolving the protest. It is requested that both parties attempt to negotiate resolution of the issues," end quote. So I think that we should follow that. We also want to point out that water trucks are filling up at the pump-back station and delivering water to construction sites. Yesterday morning and this morning, a truck filled up with water at the pump site and brought it to the sidewalk construction project on Saguaro just past Grande Avenue. So not knowing the makeup of this water, if it is contaminated or if it's reclaimed water, should it be being brought to construction sites and the sidewalk project? I mean, we need to know the source of this water. I think it's very simple. We also would like to confirm that the pump-back system is not the same as what was installed in the '80s. We believe that the previous system was exclusive to capture the basin seepage, and once it reached a predetermined level in the basin, then it was pumped back into the lake. We believe that this new design appears to capture water from a deeper location; hence, potentially being groundwater or spring water. We were informed today that the letter is being revised and resent via email, so we appreciate, again, any new information, but we respectfully request a meeting. And we want the sanitary district there because this involves them and, you know, the water that is produced from there, staff, whoever's appropriate. It would be great to have a representative from the Arizona Department of Water. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 19 of 97 But please, let's sit down and come to a resolution and talk about all the facts, get all the facts on the table. There is just too much -- we can't do this with a letter here and then a revised letter. And I thank you for your time. And I will miss you, Sharron, but I wish you all the best. Thank you. PADGETT-ESPIRITU: Eugene Slechta. SLECHTA: Thank you, Mayor, Council. My name is Gene Slechta, 29-year resident. And I'm saddened, as probably many of us are, that we're losing you, Sharron. Everybody knows what a wonderful job you've done up here on the dais. You can hear that several people had already spoken. I was sad to hear that you're leaving this quickly and that you're leaving the state, but I certainly wish you the best of luck. And a question for you. Can you change your mind? The other item -- GRZYBOWSKI: (Indiscernible). SLECHTA: Okay. Okay. The other thing is I was shocked when I found out that the grant for the electric vehicle high-speed charging was not approved. It's shameful for those councilmembers that voted against it. Everybody needs to know, both on -- that's watching on TV or in the audience here. There was a $100,000 grant. Not a penny coming out of the Town's coffers. And there was a study that allowed us to look at the viability of high-speed electric vehicle chargers, and that can be useful not only for travelers passing through town but for residents if you live in an apartment building or for employees that live in Mesa or other communities, yet this council turned it down because of three councilmembers that chose not to vote the best interest of this town. Thank you. MAYOR DICKEY: Councilmember Friedel is just going to ask what he -- you know, like, a follow-up -- FRIEDEL: Following up on Susan Dempster's request for some kind of a meeting. Can we look into that? I think there's so much misinformation floating about. If we could do that, that would be -- I think that would be productive for everybody. Thank you. MAYOR DICKEY: All right. We all done? PADGETT-ESPIRITU: Yes, we are. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 20 of 97 MAYOR DICKEY: All right. Thank you very much. Our next item is our Consent Agenda. I think there's only one thing on there, so could I get a motion? UNIDENTIFIED SPEAKER: Move to approve. UNIDENTIFIED SPEAKER: I second. MAYOR DICKEY: Thank you. Roll call, please. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Mayor Dickey? MAYOR DICKEY: Aye. PADGETT-ESPIRITU: Motion passed. MAYOR DICKEY: Thank you. Our first regular agenda item is an appointment of a youth commissioner to the Community Services Advisory Commission. So we are -- one of our subcommittees met, and they have recommended for us to appoint Shreyaan Nath as youth commissioner for the Community Services Advisory Commission. Can I get a motion, please? UNIDENTIFIED SPEAKER: So move to approve. UNIDENTIFIED SPEAKER: Second. MAYOR DICKEY: Thank you. Could we get a roll call? PADGETT-ESPIRITU: Councilmember Friedel? TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 21 of 97 FRIEDEL: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Mayor Dickey? MAYOR DICKEY: Aye. PADGETT-ESPIRITU: Motion passed. MAYOR DICKEY: Are you here? Thank you. Thank you for wanting to serve. Thanks a lot. And thank you to the Committee for your recommendation. Appreciate it. Our next item is the -- adopting the resolution to approve our Downtown Strategy. So Amanda, you are up. JACOBS: I'm back. And I can't promise I'll be as fast as the last time, but I will certainly try. Well, first, on behalf of staff, we are extremely excited to be presenting the Downtown Strategy. I would try to list all names, but I always forget. But there is someone I want to point out, but want to thank our Community Relations department -- yes, Bo has left us. We put him through the ringer because of this. No, I'm kidding -- our Community Services department, our Finance department, especially our Development Services department. And I also want to point out we had an ASU intern who is a Fountain Hills resident who lives in our downtown, Bradley, helping us navigate this. So Bradley, a little wave. So, thanks to Bradley. I'm like, Bradley, we didn't -- we didn't scare you off? And he's like, no. He's like, I'm so excited to see what Council does. Oh, the pressure is on. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 22 of 97 So to give a little background, the Downtown Strategy has not been updated since 2009. Last year, Council unanimously approved the Economic Development Strategy. Thank you. One of the implementation strategies was to update the Downtown Strategy. November of last year, you had your first Council Retreat and workshop, and we asked Council for your support and, of course, to save a little money for it to be a staff-driven process, and we received your support. So again, we appreciate that. And I do want you to know my colleagues thought I was a little crazy because I told Council we're going to start in January and that we would be presenting to Council in September, and then they're like, okay, we did it. So again, extremely excited. Want to show -- someone had asked will we be comparing all of the downtown plan from 2009 to what we're presenting. No. We're just going to show this map. So if you look at some of the dashed edges of the boundary where it expands to Bashas', to Pillar, up to Westby, we did remove that in the next slide that I'm about to show. And then we also removed most of Fountain Park and just included the frontage, and part of that is back in 2009, there was a vision that there would be some commercial and mixed use on the park, and since then, as you know, whether we like it or not, it's become event central. And then, just with staff expertise, just feel like we needed to take that off. And again, when you shrink the footprint, it shrinks the dollar amount. So again, here is, then, that new downtown plan. And then also, you'll see with the avenue district, in the previous plan, it went all the way up to Palisades. We did shrink that avenue footprint. We have some vacancies there as far as vacant raw land. The Fountain Hills Chamber of Commerce is there. So wanting to grow a little bit of the business district. Our public outreach. We had six focus group meetings with residents and businesses, and a lot of that really was focused on the folks who are doing the daily grind and living within the downtown, and so again, as residents and business owners, we conducted four electronic surveys. And again, Bradley was a tremendous help going through all that data and comments. And then, of course, we had a very successful -- a majority of you attended our May public open house and received a lot of feedback. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 23 of 97 And so from that, we've come up with four focus areas. It's land use, infrastructure, economic vitality, public spaces, and placemaking. And as I start to get into this, just want to sort of set the tone for Council, the public, again, who is here and in the audience. We want to keep our conversations very high level. Think of this like a strategic plan. We're not going to come to you with a five-to-ten-year plan and have all of it implemented. About 80 to 90 percent of this will be coming back to Council, either in the way of updated policy -- some of it will be going through the Planning and Zoning Commission -- or it could be coming to you through a budget request. So we just invite Council and the public who may be speaking to just view some of that through that lens. And so again, we'll try to provide some high-level detail on each of the bullet points, but again, we're wanting to keep it very high level. And I'll also be trying to do my best to identify if it is purely public policy or if, again, later on, come December -- we'll get to that towards the end -- we'll have some type of budgetary impact. So with that land use, I'm going to combine allowed sidewalk cafes and active front patio usage. So if you view the image before you, what we're wanting to do as staff, again, just hearing from our residents and business community, is we're wanting to expand our sidewalks from about five feet to ten feet. And so you guys know I don't like to call out people, but to give a visualization, if we think of down the street, Papaya'z. If you didn't know or haven't been there, I advise you to do so. But they have a couple of tables and chairs that each day and night that they're open, they have to bring inside their business. And there's not really that capability to add some of these cafes or the experiential experience, and so we're wanting to expand that to allow that, and part of that is business retention and business attraction to try to get more restaurants, that they're going to have that space and not impede into the right-of-way and, of course, ADA access. We're wanting to activate some of the first-floor use. We'll get to that, too, under economic vitality. But what we heard, again, from the public is, you know what? There's a lot of office TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 24 of 97 more, like, space on the avenue, and we feel like that is the downtown heartbeat, even though, again, we want to consider Verde River and Parkview, and so wanting to see more restaurants, retail. Again, selfishly, not having a property tax, that does bring in sales tax. They want to see some live entertainment, and so got a lot of ideas about that. We're also wanting to improve maintenance of vacant properties and perhaps be a little bit stricter. So again, I won't apologize for being honest, but if I'm too honest, again, when I first started, just driving through the downtown and going through Parkview, again, as an economic developer, I have to think from the lens of if I am bringing a developer, if there's someone knocking on my door wanting to come here, seeing some of the weeds and it not being kept very well, our marketing, our branding, our demographics, it does not appear that we're an affluent community. So again, I don't -- I'm not going to apologize for being honest, but again, if it's too honest, I apologize. But some of that really needs to be cleaned up. And actually, some of the businesses on Parkview said, you know, what can the town do to clean up, to make sure we're driving people to our businesses. We're wanting to amend the ordinance to allow up to 12 dwelling units by right on the upper floors. Right now, in our code, it allows eight. If it goes more, it triggers a different path. And so it's a special use requirement that will go through Planning and Zoning and then also goes through Council, and so wanting to consider upping that a little bit. So again, it's saving some time. Time is money. We want to develop some design guidelines. Again, hearing from community members, some of the words that they used is in the downtown, we're not sure where we are, like, in the downtown. Some of the buildings are a bit hodgepodge. So can we do something in the middle, not be too restrictive, but not be too, perhaps, loosey-goosey. All of those are policy and is staff time. This next one, to establish a façade improvement program, that will cost some money to do a little bit of a facelift, but again, we would come back to the Council with policy. And so to Council, as we're going through this -- I think, Mayor, you are going to wait to TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 25 of 97 take any questions, perhaps, until after public comment, but just start making comments if there is something you want us to remove and you don't want us to ever bring back. Think of that. We will remove it. If there is something you feel like we missed, please also think of that. Next, infrastructure. We're wanting to implement some streetscape improvements. And so some have asked, well, what exactly does that mean? So again, if you look at this image, that is adding lighting, trees, more street furniture thanks to this council and our previous manager, TAMA, The Avenue Merchant Association. When I first started, like Amanda, we need more trash cans, there's not trash cans on our side, and so we actually walked it. They're like, we need more benches. So again, looking to see what else we need to do. Creating small, unique gathering places, again, to just -- if people are going into a restaurant, you know, staying a little while. Improving the pedestrian connectivity between downtown and Fountain Park. And so we don't have a final solution for that, but again, it's been asked by residents. And also, from a staff perspective, we are asking this current council and future councils to try to add more mixed use, to add more events, to add major employers within our business district. We're increasing the population, and so we need to start being forward-thinking. So within two, three, maybe five years, you know, are we seeing that population increase, and can people, pedestrians -- again, not necessarily the movement of traffic -- are they getting safely to our world famous fountain. We are wanting to evaluate the options for improved event parking as advised by the downtown parking analysis. So staff has already been working on that, and hopefully, within a couple of months, we'll be giving an update to Council. And then we want to continue to partner with Plat 208. So Director Wesley and I, for over a year, quarterly have been meeting with two folks serving as liaisons to Plat 208 to just make sure -- again, they have a big footprint within our downtown, that we're working together. And so we've talked about redeveloping some of the pocket parks. If folks aren't really familiar, it is -- along our avenue, next to the Thai restaurant and TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 26 of 97 Sofritas, there is a little bit of landscape, maybe a bench here and there, and so what can we do to improve and, again, activate that for residents and the businesses. And then restrooms. So again, full transparency. I'm probably the last person that would want to include restrooms since we talked about it for over a year, but we only had one person, which I found shocking because I didn't want to lead any witnesses, but during the workshop say, Amanda, there's no public restrooms. I'm like, you are the first one to mention it. And so I do want Council to consider keeping this in because out of sight, out of mind. So if it's in the plan, we continue to look at it, that if there is an opportunity for a Public-Private Partnership, that we take advantage of that. So full transparency, but yeah, I'm so over talking about restrooms. All right. Economic vitality, flexible zoning uses within the business district. So the council that have been with me from the beginning and then our current council, you have heard from me that the zoning is a little bit too restrictive within our business district, and so there have been opportunities that we have had to pass up through business leads through the Greater Phoenix Economic Council for, again, some clean industry, bioscience. It's my job and, of course, Director Wesley to ask questions on intensity, so is there more office? Is there a clean room? And so if they're like, Amanda, it's about 50, 75 percent clean room, there's no industrial within the business district -- and sometimes people get scared, like, there's big moving trucks. No. We're a lighter, clean industry -- we need to update our business district, respectfully. And I've been wanting to do that since we started, and if you guys approve this, we'll be rocking and rolling as soon as you approve it. Back to land use. And again, economic vitality is we're wanting again -- specifically within the avenue district, look at the business district because Parkview falls under that, but looking, again, at an overlay district, an entertainment district. So everybody that is here today are, of course, grandfathered in, but if someone does leave, that we are working with the property owner and the broker to ensure we're getting retail, restaurant, or something under the entertainment category. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 27 of 97 And then what we're wanting Council to consider is allowing temporary uses on vacant properties, and so if you look, again, at that image is -- so if there's some vacant property that's commercial or it is residential and people have been sitting on for years. Since I've been here, there's quite a bit of property on the avenue off of Verde River that can we, again, loosen up, allow some temporary uses. So again, there's some pop-up. It could be live entertainment. It could be food trucks. Again, rolling up our sleeves, talking with the business owners. And so some of it is -- again, instead of it just being vacant property, it's activating it. It perhaps gives the developer an opportunity to think outside the box if they were so stuck in thinking, oh, no, such and such restaurant won't come, that then it's giving them the opportunity to try it out. Programming within the Avenue Linear Park. Again, we heard that -- from residents, and specifically the folks at Park Place, is they're like, I made sure that I got a view of the avenue, a balcony, and they're like, nine out of ten times, Amanda, there's nothing happening, and so can we activate that area. And so they've talked about, you know, painting the fountain, yoga in the park. And so again, potentially looking at that, and depending on what happens, that is something -- there's a flaw or something that could have either a staff or programming impact. We heard from Parkview that they would like to see us to expand our event footprint. Some of that right now -- you guys all like to tell me about the chicken and the egg, and in Economic Development, sometimes we don't know what comes first. But part of it is -- why we can't is because some of the infrastructure is not in place, so sidewalks, lighting. We need to make sure if, again, we're going to activate and expand areas that we're making it safe. We want to continue to partner with The Avenue Merchant Association. Come January, it will be official, two years, but as most of you know, Jim with Classy-Jazzy, I think, gave me a month, my feet weren't completely wet, and he's like, Amanda, I need to talk to you, and he had a list. Not just the front page but the back of the page. I can hear him giggling. And he's like, I want -- I want to do this. I'm like, okay. Could you give me a TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 28 of 97 couple weeks, and we'll help make this work. And, of course, called Betsy with the Chamber, and I'm like, come on, let's activate this. And so I attended a meeting yesterday, and there's lots of new faces, and so very exciting. And then also want to continue the downtown promotion and marketing. So again, this council, last year, authorized 5,000. I asked to bump it up 5,000 more to 10,000. And so not just this year to focus on the avenue but the entire downtown, to have some branding, again, promoting the activities that are going on, not just to Fountain Hills residents but to look regionally to Scottsdale to say, hey, if you like arts and culture, come to Fountain Hills. We are not that far away. All right. I think we have two more slides. We're almost there. Public spaces and placemaking. So again, arts has been a big conversation. Again, this council last year authorized, in the downtown fund, 25,000 of an ongoing expense for utility boxes. It has been extremely popular. We went out, too, with David Janover, Caitlin, and I, to look at the next six boxes, spoke with one of the property owners and one of our top employers off of Palisades, and he was ecstatic, and he's like, anything else I can do to help. Then last year, we had three existing businesses say, hey, if I give you one of my walls, can you put a mural, and I'm like, we will consider it. And some of them are like, we're going to cost share, but I'm like, we need to figure out a policy for that. And then a couple months ago, not to put Councilmember Friedel on the spot, but we visited one of our newer businesses, Mindful Barbell, and he was so excited -- he's only been here a couple of years, relocated from LA -- that he contacted one of the artists we used and has a beautiful mural inside his walls and is considering doing another one. So again, arts is part of economic development. And we're wanting to look at modifying our public art policy, the percentage program. And so we talked about this last year. This is also an overlap with the Economic Development Strategy. Traditionally, with new building is folks have the idea of let's do a sculpture. We may have enough sculptures in Fountain Hills, so can we think outside the box. And again, is it a mural? Is it performing arts? So again, we're known as an TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 29 of 97 arts community. Let's elevate it a little bit. Signage. So again, thank you, Council. So folks have been wanting wayfinding signage. I was beating the horse, too, of we need to do this, and so Council gave a limit. Went from 750,000 to 500,000 over two fiscal years. And so again, it looks like we're going to be able to do that because our staff is amazing. You gave us the direction, and we try to negotiate. We're wanting to look at, again, from our businesses, entryway, and monument signs, so entering into the various districts, either from Saguaro, from Avenue of the Fountains, Parkview. That will have a budget in future latter years, of course, but looking at an overall sign package. It's also been a couple of years since we updated the avenue banner. So right now, that is the only district that actually has poles for banners, and so wanting to refresh that and work with our businesses and then, of course, our staff, several departments, work together to install the banners of just that frequency and, again, come back to Council to see if we need to increase budget opportunity for that. We've also received inquiries to have more pedestrian-oriented signage. So again, you know, this way is shopping, this way is retail. And so we'll investigate that. And then expanding temporary signage during events. We have some of that in place. Some of it is just going to be education. And when I first started, I was able to attend the big Festival of Fine Arts & Crafts, and then -- you'd be surprised. If there's visitors coming in just once or twice a year, they were pointing this way. Is this way the fountain? No, that way. Or okay, I know Phil's is somewhere around here. Tell me where Phil's is. And so we're acting and navigating, and so working with our event organizers to see if we can add additional signage. So Mayor and Council, staff does recommend approval. Again, what was nice in having the public feedback and why we were able to get here from January to September was we were pretty much in alignment. There was no surprises during conversations. And again, if it's not approved, we remain status quo. And so really wanting to improve the economic vitality of the town. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 30 of 97 So next steps. Again, if you guys do approve this tonight, we will start working on policy changes and then hope to bring that to you come January of 2025. I'm like, what year are we in? And that's going to include -- we feel like the main priority is the entertainment district and the business district. We just -- we have to. Then if, again, you guys approve it, from now up until December is we will be rolling up our sleeves and showing you is this a five-year, is it a seven-year, is it a ten-year budget process. So again, I have told Vice Mayor Kalivianakis, I will not come to you and ask for 20 million. She's nodding her head yes. I will not do that. But to show you, again, what that looks like. We will also, like last November with the Economic Development Strategy, show you our implementation strategy for some of these policy changes that, again, may not necessarily have a budget impact, but again, just so you can see how we're tracking the latter years. And then, again, full transparency, I was able, in July, to meet with majority of the Council, and it was a bit split of do we try to do some of that today? But we didn't do -- with Economic Development Strategy, I didn't want to rush and give you some fake numbers because I did that with some of you, and you're like, what? I'm like, oh, no, no, no, I made up -- I made up some of those numbers. Don't go too far ahead. But also, come December, we will have some new councilmembers, and so we think, too, you know, just being fair, that how are we moving forward come fiscal year '25 and the latter years. And with that, this does say questions. Madam Mayor, I think you want me to hold the questions. You're going to open up for public comments, and then I will come back up, and we'll answer questions. And the team is here and ready. Thank you. MAYOR DICKEY: Thank you. Thank you very much. Do we have any speaker cards? PADGETT-ESPIRITU: Yes, we do. The Town received a total of 13 speaker cards. Ten were written comments for the agenda item, and then we have three requesting to speak. So first up to speak will be Jim -- I think it's Bourdamis. I'm not for sure. I'm so sorry if I mispronounced it. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 31 of 97 BOURDAMIS: Bourdamis. PADGETT-ESPIRITU: Bourdamis. That's what I wanted to go with first. Darn it. And then followed by Jim will be Bradley McNish, and then last, Betsy LaVoie. BOURDAMIS: Good evening, Mayor, Council, town staff. My name is Jim Bourdamis. I'm a resident of Fountain Hills for 20 years now. My wife and I operate four businesses on the avenue, and I am chairperson of TAMA, The Avenue Merchants Association. I'm here to support the proposed downtown strategy led by our Director of Economic Development, Amanda. Our town is approximately 25,000 residents, that aside from events, our daily downtown foot traffic at any time is typically in the hundreds when it really should be in the thousands. Hundreds means we will see maybe five to ten people a day foot traffic. That's weak. That's really weak. So we can do better, and we need to do better. We have a beautiful town, wonderful parks, and art attractions. It provides a nice quality of life, but it's simply not enough to substantially grow a local economy and build opportunity. Supporting business has an enormous positive impact on the financial health of our town. Merchants not only generate sales tax revenue, but we employ people who also spend money. We purchase local goods and services, we advertise, and we support charities. Many of us have reinvested in our -- in remodeling. The multiple -- there's multiple sources of revenue and economic benefit to the public. I'd say financial prudence suggests investment is needed to grow and sustain business. I would ask everybody how much commerce might we recapture from Scottsdale and competing markets with a more robust downtown? Perhaps generating more revenue to fix more roads, right? It's time to move forward on the proposed strategy initiatives. Let's give our residents and visitors a better downtown experience. It's not enough to just say shop local. We need our 25,000 residents to prefer local. Thank you very much for all you guys do, your service, and your support. Thank you. MCNISH: Mayor, Council, thank you for having me, and thank you, Amanda, for the warm acknowledgments. Yes, I was able to help intern during this project during the TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 32 of 97 Downtown Strategy, but I am, as well, a resident, five years now, and I do love this town very much, and that was part of the reasons why I really wanted to work on this Downtown Strategy because it's not just a strategy. It's an investment in the environment; it's an investment in the community; it's an investment in the people. I don't have much to say. I wasn't really planning on speaking, but I felt like it was right for me to speak. But I do know there is a lot of potential in this town, and I know there is so much room for growth, and I believe that this strategy that I have seen the Town work on hard and hard for the people is a perfect embodiment of that. Thank you. LAVOIE: Good evening. Betsy LaVoie, long-time resident of Fountain Hills, Chamber of Commerce CEO, board member and treasurer of Plat 208, member of TAMA, participant in every focus group for this Downtown Strategy, participant in every parking study for the downtown. I just want to share that we are in favor of the Downtown Strategy. We hope that the Council is, too. The Chamber of Commerce is the largest business advocacy group in Fountain Hills, as you all know, and this is a step in the right direction. Thank you. MAYOR DICKEY: Council, questions for Amanda or comments? Councilman? FRIEDEL: One comment, kind of a question. You mentioned trees for the downtown area. JACOBS: Correct. FRIEDEL: When you look to put those trees in there, we have several dead trees out at the dog park in town. Maybe we can do a package deal and get a better price on our trees and accomplish two things at one time. I just thought I would throw that out there. But I do have a couple of other questions. You mentioned temporary use of vacant property in town. Have we been in touch with any of those owners of those properties yet? And is there any potential liability for us using those properties? JACOBS: Madam Mayor, Councilmember Friedel, so first, again, we wanted to bring this to Council. Again, that chicken and egg. Not circumvent or get anybody excited if there's not support. So if there is support, then yes, the next thing we would do is talk TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 33 of 97 to some of the property owners to see if they're interested, and those folks, other businesses would help draft that policy. And, of course, with any policy, it goes through Aaron and his office just to make sure there's no liability. But part of -- in allowing this use -- so some folks think, okay, are we, as a town, activating it? From an economic development perspective, no. I would look to invite the property owner to take that on, that what Council has possibly done in the future is to relax that -- add that temporary use, but look to the developer, and then, of course, always be open if there is some type of Public-Private Partnership, but would lead with we're giving you this opportunity, can you take advantage. FRIEDEL: So I'm assuming that this is going to fly, and that's why I asked that question. You mentioned updating the business district. Can you tell us a little bit more about what you're looking for? Or is that something for a future agenda item that we need to discuss? JACOBS: So Madam Mayor, Councilmember Friedel, again, that will come later, but right now, there's no -- for example, when I use the bioscience and some of the things that we were having to pass up is there's no industrial use allowed within the business district, and so when we're talking optics or bioscience industries, it automatically -- they don't qualify, and I can't put folks in that place, anywhere in there and fill those vacancies. And I share with all of you and the public because there's been interest from the community, some of the councilmembers more privately, if there is this opportunity to change it, I don't want to put someone in there that we may not necessarily want in there, so I've been kind of holding out. But with something like this, we would draft it, again, in collaboration with businesses, residents, the property owner. It would go through the Planning and Zoning Commission and then come before this body for approval and consideration. FRIEDEL: So I also notice that there's been a lot of work in recent weeks cleaning up vacant lots in the downtown area, especially off of Parkview and surrounding areas. Is the Town involved in that, or is that strictly the landowners? TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 34 of 97 JACOBS: Madam Mayor, Councilmember Friedel, I'm going to defer that to Director Wesley. I'm going to phone a friend to just see if the zoning -- our code enforcement officers are assisting with that. WESLEY: Mayor, Councilmember Friedel, we may have had a little bit. If we've seen a particular concern, we'd notify the Plat 208, Scott (ph.) over there. But no -- had no concerted effort to do anything, and I think that really has been mostly the property owners. FRIEDEL: Okay. Thank you. So Amanda, you also mentioned people finding direction, like questioning where would Phil's be and that kind of thing. At one point, we were talking about kiosks. Is that a dead issue? Are we -- is that still something in the works? So if somebody could say -- you know, you know what a kiosk is. You are here, and then it's got a map of where certain establishments are. Is that something we're still looking at, or is that a dead issue? JACOBS: Madam Mayor, Councilmember Friedel, so the Fountain Hills Chamber of Commerce was leading that effort and trying to secure grant funding. After multiple attempts and then talking to TAMA, The Avenue Merchant Association, they asked it to actually be DOA, dead on arrival. They feel like there's other priorities and respect that you have to balance all the needs, and so thinking that the wayfinding signage and then to get that entryway signage, that that was more important than a kiosk. And then just my professional experience from a different community is sometimes, again, the kiosks are very nice, but when it comes to digital, oftentimes you'll walk by, and it's a black screen, and so who's constantly monitoring it? So it's dead. FRIEDEL: One last question. I would be in favor of modifying the art policy to include murals, landscaping art, and also rock art. I think that would be something that's natural out here, and it would enhance our downtown and other areas as well. So thank you. JACOBS: Thank you. MAYOR DICKEY: (Indiscernible). SKILLICORN: Thank you, Madam Mayor. More of a comment than -- I don't really need TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 35 of 97 a response because I think you know the answer, but I noticed the -- we talked a little bit about the light manufacturing. One thing I'd make a note is that retail typically adds the sales tax revenue where manufacturing would not have that component, so I would think we want -- that if it fits into the overall perspective of walkability or it's going to be a draw for foot traffic, that's a good thing. You know, let's say they have many employees, things like that, then it fits into that niche, but if it doesn't, you know, have foot traffic, it doesn't provide sales tax revenue, maybe it's not the right fit. So I know we'll tread lightly there, and I'm sure that Planning and Zoning will do that perfect. But I just want to make that -- note of that, and I want to make a motion to approve. UNIDENTIFIED SPEAKER: Second. MAYOR DICKEY: Thank you. Councilmember? GRZYBOWSKI: I just want to comment that I've had the opportunity to sit in on a number of calls with the National League of Cities and heard from various cities and towns throughout the country that have done a pop-up whatever, Food Truck Day or beer and food truck or, you know, whatever, and they've had so much success doing this that quite often, the landowner realizes this is a niche that we're missing in town that nobody thought of before because of the creativity behind the pop-up. So not only is it great for a one-weekend or a one-day kind of event, but it's also a good learning experience for the town that, you know, this kind of thing really fits, or maybe this isn't the best kind of fit. So I think it's brilliant, and I'm really glad that you're talking about doing that. Thank you. MAYOR DICKEY: Councilmember? TOTH: Well, ditto. I know of a few different areas that will do, like little pop-up projector movies, and as a special occasion, the businesses will stay open later for those. Food truck days, any of that, those temporary uses of those vacant lots as event space is hopefully going to be very beneficial for the town, so I'm very excited about that. This plan is fantastic. We're finally getting somewhere on doing something for our town. Not that we haven't done anything, but really having a strategy for how we're going forward with this downtown. I think that this is so important. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 36 of 97 As it was said by our intern, and thank you for speaking tonight, this town has so much potential to be a destination that people talk about. We have so much art. We have so much talent. We have so many wonderful events and wonderful businesses on the avenue, and I can't wait to see where this leads us. And hopefully, 15 years from now, we all look back and say, wow, this downtown is really special now. MAYOR DICKEY: Thank you. Vice Mayor? KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, just a couple questions for you. Ditto about your assistant. He's a very interesting young man. You're lucky to have him. Yeah, regarding the vacant lots, I think that's a really good idea to utilize those. For the people that own them, they can be a money-maker. It will improve the lots because they'll be trying to attract people, and so it'll make the downtown look much more, like you said, affluent, much more better, so I think that's an excellent idea. You mentioned design and a façade improvement program. Can you drill down a little more on that and tell us what you mean? JACOBS: So with some -- Madam Mayor, Vice Mayor Kalivianakis, some cities and towns will have design standards, and so there is an architectural review. That, again, will go through a commission, such as the Planning and Zoning Commission or a separate design review. And so it's meeting architectural features. It could be color that they need to meet and that guideline. So when I started with my previous town, I'll say we were very strict. Everything -- like I told the Mayor, this was copper patina, and the businesses were like, Amanda, we've got to do something. We have to change this. So somewhere in the middle is, again, can we have some criteria that everyone's following, and then they know they're within the downtown. And again, we would get to that deeper -- again, if there is an overall consensus to move forward, again, staff would work on this and bring this back to this body. And then with the façade improvement program, usually you'll look to a business that's not brand new but someone that's older, so if there's a building that was built in the '70s and '80s, and approach them to look at the building frontage and how can that be TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 37 of 97 modified. And then, with a façade improvement program, they may come to the Town -- and there's some type of cost share. You know, if you put in 50, we'll give you 50 or some type of dollar amount. Again, we have to work through some of that, and then, of course, through our attorney's office to make sure we're not violating any gift clauses. But again, a lot of the downtowns -- I know Queen Creek just had a façade improvement program. It's now ended. And so we need to ask them sort of the why. Did you run out of money? And then, in Mesa, they used ARPA funding and provided four million for their downtown. And so again, to activate and really give a facelift to some of those older businesses and, again, to drive that economic development and vitality, so to retain some of those businesses, drive more people in. So if that helps. KALIVIANAKIS: Yeah. I just -- I guess the caveat and the thing that I worry about is the more you regulate something, the less you get of it, and so if we impose another layer of regulations on people that want to open up businesses, could that actually discourage those businesses from opening here? If we overregulate the facades and the design, it would actually discourage people from going there. So that's one of the things I'd like to warn you about. And then the other thing is with -- a lot of the match fund -- matching funds from state or localities, you find that fraught with a lot of fraud and with unscrupulous business owners grabbing your money and then not doing the improvements, so I'm a little cautious about handing taxpayer money out to help certain businesses. And of course, then we're going to be picking winners and losers. You know, which businesses qualify, and then the rest of the business owners are going to be like, well, what about me? You know, I could use improvements. How come I'm not getting it? Because I'm not in the downtown? And so there's that fairness argument that, again, we have to be very conscious of because I hate -- I hate it when government starts picking winners and losers. It's a bad luck. The other thing I'd like to discuss is, you know, we've discussed extensively the Avenue of the Fountains' improvements and the costs associated with that, and it's going to be TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 38 of 97 substantial. When you throw Park Place -- or Parkview in the mix, I think it could be an overreach for this council. I think that this might be, like, five years down the road. If we want to improve the Avenue of the Fountains and do some of the ideas that we've discussed, we can't overextend ourselves financially. You know, the sidewalks that you're proposing, the lighting, all those things are very expensive. And so if we spread it out too thin, we'll have a lot of mediocre and not anything great. Like Mr. Bourdamis said, you know, he said, I want this to be a great downtown, I want it to be a vibrant downtown, I want to get -- instead of hundreds of people, I want to get thousands of people. Well, the way you do that is you pick one designated area, and you make it pop. And so again, you know, we looked at the map earlier and all the parts of the downtown improvement that we want to fix, but I'm thinking maybe we should just do one section right, and then at future councils, we expand from the jewel, which will be the Avenue of the Fountains. You also mentioned restrooms. Again, this is kind of like beating a dead horse because we've been talking about this for years now. And do you have any epiphanies on this subject? Are we still back to -- like when we talk about a Public-Private Partnership that usually is associated with Park Place. More Ps. More alliteration. You know, Park Place doesn't even have the funding to be built yet, and so we're looking at years down the road. Other than that, we were talking about eminent domain. We were talking about all this kind of stuff. Again, this might be something that we backburner the restrooms for now because I just don't see the practical way we're going to do it based on all the previous meetings we've had. The murals. If businesses want to have murals inside their building, you know, God bless them. That's great. On the utility boxes, looks kind of neat. But I would be really against doing it on the outside walls of the businesses. Again, we talk about an affluent community. Fountain Hills has got a certain panache. And then, if we do all these crazy murals, I just think it's going to devalue the property. It'll devalue the whole town. I don't like that idea. But you know, if people want to do it inside their buildings, whatever. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 39 of 97 And then the last thing is the entryway and monument signs. Now, would this be for commercial businesses or for, like, apartment buildings? What did you envision with that? JACOBS: So Madam Mayor, Vice Mayor Kalivianakis, so that would be looking at can we add this in some of the town-owned right-of-way. So again, thinking of if you're entering into the avenue, again, we're going to have to look up price and see, you know, on each corner, do you have ave. district. Like, you are coming into the ave. district. If you're coming from Saguaro, do you have a cool pop-up entryway sign that says Downtown FH? So that's what we're envisioning. And again, if there's that overall support, we'll roll up our sleeves, see where the priority is, and present that in December for Council consideration. KALIVIANAKIS: Okay. So it wouldn't be to put monuments for retail or commercial interest. It would be -- JACOBS: Correct. KALIVIANAKIS: -- to promote the town? JACOBS: Correct. KALIVIANAKIS: Okay. Thank you for clarifying that. JACOBS: Yeah. You're welcome. KALIVIANAKIS: I like monument signs. I think that's a good idea. JACOBS: Thank you. KALIVIANAKIS: Thank you. JACOBS: Thank you. MAYOR DICKEY: Councilmember Toth. TOTH: I figure, hopefully, we can just go ahead and vote, but I'll keep this short. This is a bird's-eye view overall plan. It's not all going to fit within our council term. It might be several councils. That's why I said ten, 15 years from now, we might look back and be really proud of this strategy. The -- any of the weeds here that gets worked out as we approve these changes and policies, but I don't think that -- I don't think that removing an area from downtown TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 40 of 97 because it might not be as good as Avenue of the Fountains is the answer. If we leave it as is, Park Place is -- you know, let's be honest with ourselves. It needs a little love. And we will be starting with Avenue of the Fountains, but -- I said Park Place. I meant Parkview. Sorry, everybody. JACOBS: I knew what you meant. TOTH: No, not what I meant. Parkview needs a little love, and it's an extremely wide street. It's very empty. It doesn't look like an area you want to walk around and shop. It looks like an area you stop at for the one place you're going to and then you leave, and that's kind of what it is right now. I know I said I'd keep this short, but I think the answer of we might not do it the way I want it, so let's just do nothing is not really the way to go here. MAYOR DICKEY: Just two things. The vacant lots, I think that's great. And when -- the first time you brought them up, you said that, you know, the Town would do something about it, but I'm assuming that means we would have some sort of regulations in there, not that we're in there actually doing the work, right? JACOBS: Madam Mayor, yeah, correct, because if we do approach a developer now to do this, they'd kind of be in violation of code, and I'm sure the residents would be contacting you and staff, and we'd be hearing about it. So again, let's try to get something in writing and approved and then activate it. MAYOR DICKEY: Thank you. JACOBS: You're welcome. MAYOR DICKEY: And then you mentioned pedestrian-oriented signage, and even though I know the restroom is really expensive and we don't know where and all that stuff, we did agree to put signage up that would help direct them either, you know, if it's during the week, to here or that they know that there are several over at the fountain. So at least if you're kind of there, everybody's like restroom, even though it might be a little bit of a hike, at least you know there's one there and -- JACOBS: And Madam Mayor, we put together a map as staff and then partnering with the Chamber because their restrooms are open, and then I've let our Public Works and TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 41 of 97 Community Services Department know as the Farmers' Market begins to start, we'll activate and we'll take care of some of that signage based on direction from Council. MAYOR DICKEY: So that covers two of your points up there. And then the wayfinding, I think -- did we decide to do that all in one year? Because remember, we took the money from the restroom and decided we would do it all in one year? GOODWIN: If I recall, we decided to kind of hold the restroom money, wait to see what we got back in terms of quote and how much came back, and then if we -- if we can swing it, absolutely. If we need to kind of join two years together in a seamless -- we can do that, too. And I think, actually, we'll be coming back with that -- probably sooner rather than later with those quotes and then kind of figuring out next steps. MAYOR DICKEY: Yeah, because I think we said let's just do the wayfinding signs in one year -- GOODWIN: Yeah. MAYOR DICKEY: -- and that we would probably get better pricing. GOODWIN: As long as it comes in under -- within the budget. MAYOR DICKEY: Right. Which was the 500 or something, so -- JACOBS: Yes. We started at 750, and we got direction -- how about, no, 500 now, so -- MAYOR DICKEY: Well, that should work out. Councilwoman? MCMAHON: Thank you, Amanda, for taking all this information and putting it succinctly in a few slides and explaining the broad overview of how we're looking at the Downtown Strategy Plan and taking all that input from the public and including it and so that they're part of this decision and design for where they live downtown as well. And again, I don't think downtown is just Avenue of the Fountains. I think the map you have here depicts exactly what our downtown area is, how we're trying to coagulate it all, bring it all together so that it represents Fountain Hills. It opens up new business opportunities for those, hopefully, vacant lots, et cetera. And so as this unfolds, we'll be -- you'll be bringing it back to Council. So thank you very much. I appreciate it. JACOBS: You're welcome. And Madam Mayor, Councilmember McMahon, of course, not all at once. And again, we'll dive into more of that -- those priorities and staff time TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 42 of 97 in December, but again, with the approval, knowing that if you guys do approve it tonight, tomorrow we're starting on the entertainment district and business district. MAYOR DICKEY: (Indiscernible). FRIEDEL: One last comment on the façade program. I came from a town where we had a very successful façade program, and it revitalized the whole downtown area. And what we found in a lot of cases is that the businesses in the buildings don't -- aren't necessarily the owners of the buildings. And we know those owners. They've been here for years. So I'm not worried about it. I think it would be very successful. JACOBS: Thank you. MAYOR DICKEY: Do we have a motion and a second? Can we have a roll call, please? PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. PADGETT-ESPIRITU: Mayor Dickey? MAYOR DICKEY: Aye. PADGETT-ESPIRITU: Motion passed unanimous. MAYOR DICKEY: Thank you. Yay. No clapping, but we're happy. JACOBS: On behalf of staff, Mayor, Council, thank you for your unanimous support. We appreciate it. MAYOR DICKEY: Thank you. So our next item is actually a hearing, so I'm going to -- I'm TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 43 of 97 going to open up the hearing, and we'll hear presentation, and we could -- and then we'll get cards from the folks here, and then we can keep speaking, or we can close the hearing, and then we can speak amongst ourselves. So we'll get started with the presentation. WESLEY: That made me nervous there for a second. Okay. Mayor and Council, good evening. Yes, we're here to talk about a topic that's been discussed for a couple of years, and so it's going to be, maybe, a bit of a longer presentation this evening because we've got a lot of ground to cover, so hopefully, you can stay with me as we go through this. This overall presentation is really divided into two basic parts. First part is going to be going over some background and discussions on the terminologies and so forth that we've been hearing over the last couple of years, and then the second part is getting into the actual ordinance that we have submitted for your consideration tonight. So with that, back in June of 2022 is when the Council first started getting the public coming to council meetings and bringing up the topic of wireless communications in town. Here are a couple of quotes that came from some of those June meetings focusing on 5G and 5G upgrades and 5G small cell antennas being the concern that they felt the Town should address. So first of all, what is 5G? So it's the next generation of wireless communications after 4G. We started back some years ago with the first generation of wireless communication that has -- they have changed over time. They've just gotten numbered. You get your i10 and your i12 and your i14 phone or whatever as things upgrade or your Windows 10 or your Windows -- you know, whatever it is. So it's the next upgrade in the wireless technology, going to 5G. Compared to earlier generations, as they improved data transmissions, more consistent connections. The waves are shorter, and so they travel kind of shorter distances and more often receive interference from structures and things. They can use smaller transmitters. They do work with both Internet and telephone. And the other thing that we had been hearing from those early comments is about small TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 44 of 97 cell, and a lot of times, we have equated 5G with small cell, but they're actually two different things. Small cell deals with the size of the antenna and equipment that go with it. Both the FCC and state statutes where they set out the parameters for 5G define, excuse me, small cells, set out the criteria for what qualifies as a small cell tower and antenna system, and you can read those there. And with that, there's no mention of the technology that goes with those towers and antennas. Whether it's 4G or 5G or the future 6G or if it's broadband or voice, it's a small cell facility. Small cells can go in the right-of-way. They can go on private property. Now, going back to some of the history in terms of what we've been hearing from the public, I did go back and review each of the Town Council meetings for the comments that were made over the last couple of years, and so some of the things that we continue to hear about concern small cell phone antennas; macro towers; poles being over 500 feet; the health impacts; having pop-up in yards; the aesthetics and density of antennas. And more recently, the need to update our small cell ordinance and put -- need to put utilities underground; concerns with data versus voice; fall zones. And more recently, we're not talking about cellular, we're talking about the wide band; not talking about towers, talking about broadband; asking for one thing, broadband underground in homes. So all that's been maybe a little bit of a challenge to focus in on, you know, what are the issues, what are we trying to address, but one of the things, too, is that broadband started becoming more the topic. Well, what is broadband? Here is a brief description of what it is in terms of the speeds that it operates at. It is Internet or data, and it can be accessed a number of ways, both through wires and wirelessly. There is some confusion, too, about 5G broadband versus 5G cellular. So when -- 5G broadband is actually the 5 gigahertz Wi-Fi, and 5G cellular, again, is that fifth generation of the wireless cell phone. So again, they sometimes get used interchangeably, but they are different items. Here's just a graphic I thought was kind of cool, so I threw it in in terms of the spectrum of frequencies, and the area there kind of TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 45 of 97 highlighted in the red is the mobile phones and the wireless data area of the overall spectrum, and that's where we're focused. So again, one of the issues that people bring up is the impact of cell towers on property values. There are some studies that have been done that have shown reductions in property values based on proximity to cell towers, but there are lots of things that can impact cell towers -- or property values. Staff took some time to look at the area around each of the cell towers in Fountain Hills, and we looked at the home values closest to the towers and compared them to ones a little further away. We could not actually see any definable pattern or difference in how the towers may be affecting those property values. So again, kind of a summary of the citizens' concerns as we've come to understand them over the last couple years is a desire to develop an underground network for broadband service to reduce or eliminate the need for small wireless facilities -- small cell facilities; wanting to see stronger regulations on small cell towers and antennas, especially in residential areas, to protect citizens' property values; a desire to improve the regulations for regular wireless communication facilities to ensure we're staying within the FCC guidelines, protecting citizens and property values. With that, given the state statute constraints on what we can do with the small cell wireless in the right-of-way and the challenges of even putting those in here at Fountain Hills, we haven't had any successfully come through to fruition here in Fountain Hills in the five or six years it's been possible. Given the continued work that we do have with regular cell towers and the needs we had to upgrade that portion of the code, Chapter 17 of the Zoning Ordinance, that's where staff is focused at this point, and that's what the discussion is about this evening. What's been provided to you is a update to that chapter. That is not to negate the fact that Council could, after dealing with this, direct staff to work on the other things that the public has brought up: the small cell, the right-of-way regulations, get a consultant to help us understand more deeply the differences between the data or the broadband service and the voice service, and is there any way within the regulations to distinguish TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 46 of 97 those. I've not seen it in anybody's codes. So again, it would take a professional to get in there and help us understand that and see if there are opportunities. And also, we could get the consultant to help us look at the possibilities of an inground broadband network throughout the town. So again, operating -- or moving forward with this does not negate the ability to go and also address those other things that have been a concern to the citizens as directed by the Council. So a few more background things I just wanted to touch on quickly because one of the concerns we hear is are towers going to go in my lot or on my neighbor's lot or whatever in the residential areas. So nothing will go on an individual's property without them signing a lease for that tower to be there in a residential area. That will also require a Council use permit, which goes through a public hearing process. So that won't just happen in a residential area without notice and, again, agreement of the property owner. In the right-of-way area, which is the red hatched area in front of the property, between your property line and the curb, that's where the small cell wireless can go per state statute, and we have some limited opportunities there. And again, that's a different topic. That's not part of what we're discussing tonight. But there is still a process for those in terms of the Council approving the terms and conditions and also the encroachment permit and any building permits. So there's no real change from the way the ordinance is today, what's being proposed in terms of how that affects the residential properties. So really, on any town-owned property, town parks, yes, they can go in those areas with Council approval of a lease agreement if it's within 300 feet of residential use, and it would also require a public hearing for the tower permit. And just like elsewhere in town, if it's in the right-of-way and it's small cell, again, state statute has said they can go there, but we can still review them. And again, that's no real change with the current ordinance. In commercial and industrial areas, yes, cell towers can go there by right within the code TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 47 of 97 parameters that we have. However, if it's within 300 feet of residential use, it still would come to Council for a special use permit. And again, a small cell in a right-of-way is allowed. And also, then, maybe one last thing here. Just types of towers. Lattice towers, monopoles, stealth poles of different varieties. Can be integrated into buildings. There's also temporary towers that may come in. If you're removing a tower from service to probably build a new one, you might have a temporary tower, or if you got a big event, you might bring in these temporary towers, sometimes called COWs, cells on wheels. And then utility service antennas. It's a new item that we are adding to the code because of these types of SRP facilities that we've been seeing around town. There'll be more on that. And that's covered both in this ordinance and the following one, a change to Chapter 16 of the town code. So that's my quick overview/background of some of the basics behind what we're looking at tonight and where we are. So in terms of our recommended ordinance for your consideration this evening, this is an outline of the existing and proposed ordinance. So I've tried to simplify some things, combine some things and organize them, we think, a little bit better than they have been. And so I'm not going to go through -- I'm sure you're disappointed, but I'm not going to go through page by page and point by point in the code, but a little bit more high-level review here, just kind of what the process would be and how the code works. So the first thing of when an application is submitted, we would be looking at it is it something that would meet the criteria for administrative review or would it require public review. And so Section 17.04(a) sets forth the criteria for different types of admin reviews. Most of the admin reviews are for existing cell towers that are operational and they're making a change to them, and the criteria listed here under the bullet points are adopted standards largely through the industry over the last several years, FCC rulings, and so forth, in terms of what the percentage of change can happen on an administrative level or required to be done on an administrative level. (Indiscernible) the Town from doing a public review that meets those kind of criteria. This is all the TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 48 of 97 different types of admin reviews. These would be the criteria. If they fall outside these criteria, then it would kick it into a public review. The utility service antennas would be done administratively, any COWs for more than seven days. Less than seven days, we're just doing them by right. They come in for a special event, they're here, they're gone. But if they're going to be here longer than that, then we do an administrative review for more than seven days. And the new antennas that are at least 300 feet from residential could be approved or reviewed today administratively, and one of the reasons for that is that we are trying to encourage them to be further away from residential, and so you can make -- away from residential, the easy ones to get approved, that's where the industry's going to look first. If everything's equally hard, then they might as well look in the residential areas as the commercial areas. And so then, basically, anything that doesn't meet those administrative criteria is a public review. So any new tower that's within residential -- or within 300 feet of residential would require review by the Council. Any tower, again, that didn't meet the review criteria to be administrative. And towers that do not meet the separate requirements that we'll talk about a little bit more in a minute would also, then, require Council approval. So after we look at the application and determine if it's administrative or public review, then we'd be looking at the submittal requirements, make sure they've submitted the required items per the code. So most of those -- the criteria is in 17.05, but it also references back to 17.03(a), which are the general requirements that set out a lot of the aesthetic requirements and some of those things, so we would have to make sure that they are meeting all of those requirements. Then the inventory of existing sites. There are, following that, specific requirements for utility service antennas that they would need to make sure they have submitted that information, specific requirements for applications involving existing towers. So the admin ones primarily, and then specific requirements are listed for any new towers. So after we've ensured that we have all the proper information that's been submitted TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 49 of 97 for the review as required by the code, that would be actually part of the first phase of the shot clock timing that we have in terms of the number of days allowed for the administrative review of the application to make sure that it is complete. And then we have the actual review time frames, and again, these are established through various FCC rulings and time frames that have been set. And we basically have to act within those time frames or they're automatically approved. So we go through that. But then also in that section on shot clocks, we have some extensive discussion about what can stop the clock and give us more time for those different reviews, so that's described in that section. Then we get the actual review and processing the request. So in 17.05(c), it lists criteria for all applications that are criteria as part of the review and what we'd be looking for before it could be approved. And then item 2 in that list is for the admin applications and what's required for those reviews that may be a little bit different or extra based on the general criteria. And then item 3 lists the additional requirements for the public review applications, and one of those is that for those on private property, we would review them as special use permits, and so all the requirements within that section of the Zoning Ordinance would apply in terms of the citizen participation, the good neighbor, the public hearing, and so forth. If it's on town property, we don't actually issue the special use permit because it's our property, but we'd still take them through the same process. That's one of the things that's lacking in the current code. It just says you're going to Town Council, but it doesn't tell us how we get there, and so we're establishing that so it's clear what that requirement would be. So I must, again, demonstrate to Council that no other tower-existing technology would work and that Council has the ability to impose any conditions they feel necessary to minimize any adverse impact. So after going through the review and processing, then it can be approved, and then the tower gets built. And so then we have standards in here for the maintenance and operations of the towers. If it's not used for a period of time, if it's abandoned, we can TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 50 of 97 require it to be removed. There are various state and federal requirements that they must meet or exceed. And if there are changes from the federal level, they have six months to comply with those changes. They must submit reports as required by this section to document that they have complied. And with new towers, within 40 days -- 45 days of initial operation, need to verify that they meet the RF requirements. And then a random radio frequency requirement can be done at the owner's expense at least once a year, and if we find violations more than three times in five years, their permit can be revoked. This section also covers the requirement to comply with building codes and other town codes. So there are Zoning Ordinance standards and other town code standards for maintenance of property. And you know, some concerns about, you know, graffiti may happen on some of these towers or their fences and so forth, so all that's covered in the town code as far as the removal of those. If found in violation, they get 30 days to correct, and then we can move on with other enforcement action and with noise issues. So in quick summary, then, of the overall code, it addresses visual impacts. It provides aesthetic standards, which includes the requirements for stealth design. No lights are allowed except as may be required by the FAA. It makes provisions for co-locations, and this includes the minimum standards for -- providing for co-location of at least two additional antennas. Requires security fencing. Requires landscaping. Sets some noise standards that are consistent with how the Town has addressed noise standards overall. Requires structural certification by registered engineers and verification by the Town engineer. Requires setbacks from a property line equal to the height of the tower. And I know this is one section of the code that I've had to read several times to understand the different separation requirements that it has listed. So the first one is that a tower has to be set back from a property line at least the height of the tower so that if it falls, it stays on the property. The second one is separation from other uses, and so if you've -- this lists the different uses and how far you have to be from it. So from the established single-family residence or duplex unit, you have to TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 51 of 97 be at least 200 feet away from that unit, so if your -- where you think you're going to put it on your property, it meets your fall zone, but it still isn't 200 feet away from a residence on another property, that doesn't work. You have to move it to meet both standards. These standards have been in place since '98. At this point, we have very limited area in town where there's residential that's platted and not built. You know, the only real area of that is up on the state trust land, and so the piece down there that talks about vacant, unplatted residential lands and 100 feet, that's the only area where that would really apply today. The code does allow the Town Council to approve a reduction in those setbacks, but it has to be based on a Council determination that the reduction better serves the town goals. I think that's a pretty high bar to be able to get a reduction, but the code has allowed for that and continues to allow for that. There's been some discussion at the P and Z level about increasing these numbers maybe up to 500 feet. That's certainly possible. Whatever the Council would like to do. There is some concern as we look at that in terms of that because our commercial areas are so small, that really limits, in town, where the towers can go and basically makes everything require a special use permit or Town Council review at that point. So again, it's -- the Council could make that choice if you want, but that would be the potential impact. And similarly, there's also been -- the third separation requirement is a separation between towers, so depending on how tall they are, they would have to be further apart, and so again, no changes are proposed there at this point. I think this may be about the last one on the summaries. Again, requires public review and Council approval for towers in or within 300 feet of residential. Requires a review of alternative locations for new towers to be backed up with a drive test if requested by Council. Requires a statement of compliance with FCC radio frequency. Allows the Town to impose conditions of approval and establishes ongoing maintenance and operation requirements. So that's my review of the ordinance as it's been presented to you. We did get some requests for possible modifications to the ordinance. Vice Mayor reviewed it. We TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 52 of 97 appreciate the time she spent going through it in detail. And so I'm going to present these. You've got hard copies there. I'll let the Vice Mayor, as she wants here, to talk about why she proposed these. But here is a section that requires, in the first sentence, basically some stealth kind of designs. The second sentence does the same thing pretty much in a little more succinct way, so the proposal is to eliminate that first sentence. This provision talks about minimizing visual impacts and moving the tower down a hill so it's not as visible over hill. That does potentially cause some problems, maybe needing more towers because you've got to have one now on each side of the hill, so I understand that concern. Staff would maybe suggest keeping the first sentence, maybe replacing the "must" with a "should" if you -- if you think that would be helpful, but would want Council consideration of that. The next modification is -- again, we've got two sentences here, both dealing with some issues with screening and noise. The second one by itself maybe does the same thing a little bit more clearly. And then this section, the last part of it talks about the need to get a build-out plan for the future of the wireless facility. That was thought to maybe be a little bit more of an overreach than we need. And then lastly, this section in 17.05 requires the drive test, and again, that was thought to maybe be a little bit more than what is typically needed. So again, with those -- that's my quick review of what those modifications were. Any questions, Mayor, that anybody has for me at this time? Or how would you like to proceed? MAYOR DICKEY: Yeah, I think I'm going to allow a little bit of questioning to you, and then we'll take the speaker cards because it might help a little bit to go forward. I think Hannah had her -- had her light on. TOTH: I actually had a question about the proposed amendments. Am I allowed to do that? Or is that considered discussion? Okay. I would really like to hear the argument for, "The removal of towers must be placed to minimize visual impacts. Applicant shall place towers on the side slope of the terrain so that as much as possible, the top of the TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 53 of 97 tower does not protrude over the ridgeline as seen from public ways." Why are we -- FRIEDEL: Mayor -- TOTH: -- recommended to just strike that? FRIEDEL: Mayor, before we -- MAYOR DICKEY: Councilman? FRIEDEL: -- before we go any further, I have a point of order with this. What was presented to the public did not include this. You can't publish one thing and then present something at a council meeting. The public hasn't had any time to digest any of these proposed changes. I don't think this should be talked about right now. I have a hard time with this. This was -- MAYOR DICKEY: I will Aaron answer -- FRIEDEL: -- this was sprung -- this was sprung on us four hours before the council meeting. This is not right. MAYOR DICKEY: I'm going to let Aaron answer because if you think of it in terms of an amendment, she could orally be doing these at the meeting. You know, that -- if you amend something while you're at the meeting, you're reacting to it at the meeting. FRIEDEL: I get that, but the public is so involved in this process with this -- for two years, the public had no knowledge of any of these changes. They didn't -- they didn't -- KALIVIANAKIS: So we don't have the right -- MAYOR DICKEY: Hold on. Hold on. Hold on. Let's -- We don't have the right to amend -- Let's just -- KALIVIANAKIS: -- our own ordinance? MAYOR DICKEY: Okay. Let's -- KALIVIANAKIS: This is (indiscernible). TOTH: Point of order. We're not discussing. MAYOR DICKEY: Let's have -- let's have some order, please. So my point would be -- and I -- you know, and I just got them as well -- would be that while we are discussing this, any one of us can amend anything, and nobody will have seen it or heard it at that point, either. So if Vice Mayor wants to present these as amendments orally, then she TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 54 of 97 can do that just like any one of us can do it, and it would be information that none of us will have heard yet or anybody would have heard. She's trying -- she amending something that's ahead of us, and we all will have to react to new information when people amend the things in front of us, so -- and again, this does sort of touch on one of the issues which we had before, which was what do we do when there's something in writing. Basically, she didn't have to give it to us in writing, and we would just be hearing her make these amendments orally. KALIVIANAKIS: And Ms. Mayor, if I may address Gerry's point of order, these potential amendments, Gerry, were sent last summer to the Planning and Zoning Commission. They had access to them as well as us having access to them if you would have read the CTIA report, which was part of their package and was part of our package. TOTH: Point of order. MAYOR DICKEY: Okay. Let's just -- TOTH: This is not the discussion. MAYOR DICKEY: I'm sorry. KALIVIANAKIS: Gerry said that the public didn't have a chance nor did -- MAYOR DICKEY: Okay. KALIVIANAKIS: -- Planning and Zoning have a chance -- TOTH: Point of order. KALIVIANAKIS: -- to see these, and they actually did. They were -- MAYOR DICKEY: Let's wait until I -- let's wait until I recognize -- KALIVIANAKIS: -- they were sent to the Planning and Zoning Committee last summer. Okay? MAYOR DICKEY: Let's wait until I recognize people to speak, please. Aaron, would you please explain a little bit about this? ARNSON: Mayor and Council, I don't -- I don't know what to say with regard to -- with regard to these amendments or any amendments that are presented immediately before a council meeting. This is a discussion that we've been having for, like, the last year and a half, and we still haven't found out a good way to get things in front of the TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 55 of 97 council in a way that gives the council notice about what a proposed amendment's going to be. So we still haven't found out a good way to do that. I don't know who it was sent to or when, but my guess is that Councilwoman Kalivianakis wanted to put it up here -- and I'll let her speak for herself, but wanted to put it up here so that we can at least read or put up on a projector screen or something what the heck is going on and what the proposed amendments are so that we can avoid the issues that have happened before when the public, in fact, had no notice and the people sitting up here had no notice of what was going on. So we can -- we can do without the written version of it, but if Brenda wants to read them verbatim, she still has the ability to do that. I mean, at this point, it's a distinction without difference, and I don't know what the best way to deal with these amendments coming forward before is. This has happened three or four times, and we still don't have a good way of doing it. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. I do want to make a note on the amendment issue, and I'm going to cite our rules. 4.3C, Amendments. "A published agenda may be amended up to 72 hours prior to such meeting. In exceptional circumstances, such agenda may be amended up to, but not less than, 24 hours prior to the designated meeting." It appears to me that this written amendment is not within that time frame. And maybe the Chair should do a ruling on this. MAYOR DICKEY: I think we're not talking about amending the agenda. I think, if you just take these pieces of paper and throw them away and let her present them as amendments, that's -- then we'll all talk about them, and all find out about them at the same time because that's basically what she's doing, and that's basically what any one of us can do while we're up here is amend what's in front of us, and it will all -- it'll be new to all of us. Sharron? GRZYBOWSKI: I just want to say this is probably 100 percent my fault because the same exact thing happened when we discussed the Rules of Procedure, and I'm the only one that rang a bell and had a problem with it. And at the time -- I would have to double TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 56 of 97 check the verbatim, but at the time, we all kind of agreed, okay, if we're going to make these kinds of changes and it's in writing, let's do what we can to present it beforehand. So this is totally my fault. I take the hit on it. I mean, you know, you always blame the person that's leaving, right? So I'm going to take the hit on this -- FRIEDEL: After you're gone. GRZYBOWSKI: Oh, oh, after I'm gone. Oh, okay. So next meeting, you guys remember this. It's okay to blame me for this particular issue. So I totally take the hit on that because I will admit I lost my shit when we get a whole piece of paper for Rules of Procedure that we already reviewed, and I was upset because the gallery hadn't had a chance to see it, and I'm the only one that questioned it at the time. And we were okay with it then, so as far as I'm concerned, we're okay with it now. MAYOR DICKEY: And that's -- the Rules of Procedure that exist right now, this does comply with. But again, just for the idea of being able to amend any of this -- like, you know, Gerry, you could decide you want to take out something and put something else in. We'll all hear that for the first time. So if we -- yes, we have it in writing, but we don't. And you were able to present it, which is technically helpful, but you know, if we want to proceed as if Brenda's going to go through these and amend them, then she will make a motion to amend, and then we'll hear them for the first time, or we'll hear them, and then we'll decide whether we want to support the amendments or not. And I'm sure there's other amendments that other people might want to make that none of us have heard yet, either, so -- but technically, this complies with our existing Rules of Procedure. Thank you, Sharron. MCMAHON: Also, when we have discussions about different ordinances or anything that's in writing, we always have opportunity to provide an amendment after a discussion and thinking about it, that maybe it would be better to be written this particular way, et cetera, or that's amended so we omit that particular section. That's just something that is done during the course of our discussions about these matters so we can come to a resolution. And in other cases, the ordinances have the ordinance TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 57 of 97 reflect our discussion and what we wanted to have happen. So I don't see these particular suggest -- they're even suggestions or something as a document that is amending the agenda item or anything like that. I look at it as discussion points. And they -- and again, this information, this letter from CTIA, it's been out in the public for a while, so -- MAYOR DICKEY: Thanks. So why don't we go ahead and take Call to the Public, and then -- I'm sorry. Would you like a rest? TOTH: I had a question before all of that. MAYOR DICKEY: Okay. TOTH: This was the question portion, not the discussion portion. MAYOR DICKEY: (Indiscernible)? TOTH: Am I repeating it? My question was I wanted to ask my fellow councilmember the proposed amendment that's on the presentation removing "towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of the terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline as seen from public ways," the proposed amendment would completely strike the sentence, and I would just like to hear the why on that. KALIVIANAKIS: Okay. And thank you for that question, Hannah. MAYOR DICKEY: Hold on a minute, Vice -- KALIVIANAKIS: That's a very good -- that's a -- MAYOR DICKEY: Hold on a minute, Vice Mayor. KALIVIANAKIS: Oh, sure. I'm sorry. MAYOR DICKEY: So would you like to do this now, then? We can go through all of your amendments, and you can say what you think -- you know, what led to that. KALIVIANAKIS: Yeah. I would certainly -- TOTH: Well, this was included in the presentation, so it's a question that -- MAYOR DICKEY: Yeah. TOTH: -- I was given permission to ask. KALIVIANAKIS: Yeah. I might suggest that I answer -- if I may, Ms. Mayor, I might TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 58 of 97 suggest I answer this one, then we can go to the Call to the Public, and then maybe we can revisit the amendments if that's what people want to do. MAYOR DICKEY: Okay. KALIVIANAKIS: Okay. Yeah, the reason I did this amendment was because it's actually going to -- if we do this below the slope line, and it's going to block the line of sight with radio waves, and it's actually going to make them put up more towers or more of these units, not less, if you look at, "Applicants shall place towers on the slope line of the terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline," this restriction is likely to undermine the Town's objective to minimize new sites because placing the site below the ridgeline on a slope will severely restrict signal propagation from the tower since wireless signals travel via line of sight. The smaller coverage area is, thus, likely to generate more applications for facilities to cover the same service area. So if we're trying to minimize these sites, we would actually increase their height so it could serve both sides of the ridgeline, not having a separate tower on each side. So it's good because we'll have less towers, not more. MAYOR DICKEY: Councilwoman McMahon? MCMAHON: John, can you address that? Is that correct? Or I'm trying to understand the whole concept myself, so -- WESLEY: Yes. Mayor, Councilmember, at least in theory, that would be correct. If you've got the ridgeline and you bring the tower down here, so now the ridge blocks that from the other side of the ridge, then you may need a tower over here, but if you're up higher on that ridge, then it can more easily serve both sides. MAYOR DICKEY: Thank you. FRIEDEL: John, can that still be done to minimize the visual effects? It could still be done that way. I don't -- I don't think -- I agree with Hannah. I don't think we strike this entire paragraph. You still want to minimize visual impacts, whether it's on the top of the ridge or down below the ridge. Am I correct? WESLEY: Mayor, Councilmember, that's correct. As staff has looked at this in the way I think we would apply it -- again, it's a little bit -- I don't know what word I want to use TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 59 of 97 there, so I'll just go on. So it says, "as much as possible." When they proposed to put the tower there, there's a certain service area they're trying to serve, and I think we recognize, well, if we move that too far down the hill, now it's not going to achieve the goal of that service area, so we wouldn't require to go any further down the hill than is necessary to continue to provide that service, and so I think we would logically balance those out trying to push it as far as possible but without impacting service. MAYOR DICKEY: Vice Mayor? KALIVIANAKIS: Oh, I'm sorry. I didn't turn my light off. MAYOR DICKEY: So can we just leave the first sentence? I mean, would that be all right with you? Would that be something that you would think -- the one that says towers must be placed to minimize visual impacts? KALIVIANAKIS: Yeah, I can live with that. MAYOR DICKEY: Okay. Hannah? Okay. So before we go -- get too far into this and start amending it and such, let's -- does anybody -- do you need a break? Anybody need a break? No? FRIEDEL: Yeah. MAYOR DICKEY: Is that a yes? Okay. Let's take ten minutes. Thanks. [RECESS] MAYOR DICKEY: Thanks, everyone. Let's get started. And we will start with our speaker cards, please. PADGETT-ESPIRITU: Thank you, Mayor. The Town received a total of 50 speaker cards. 42 were in writing, 15 for, 27 against, and we have eight wishing to speak. So first up to speak will be Liz Gildersleeve followed by Mathew Corrigan. GILDERSLEEVE: Good evening. Liz Gildersleeve, Fountain Hills resident. Like many here, I have concerns with the draft ordinance for the wireless towers. For starters, I don't believe the protections for town residents and property owners go far enough. I appreciate the attempt at some of the aesthetics for new towers in front of residences, but where are more specific provisions that would protect residents and property owners against injuries, even financial injuries, should a tower in front of a residence fall TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 60 of 97 or reduce property values? Because, let's face it, who wants a house with a 20-foot tower in the front yard? Regarding actual injuries, for example, what if one of these towers topples over during a monsoon and falls near or on my house and causes damage or, worse, burns my house down? What if someone is hurt or killed? What if the tower is installed incorrectly? Is the Town responsible for damages or the wireless provider? Right now, as written, if something like this happens and my house is damaged or worse, you can bet I'm coming for the Town of Fountain Hills and perhaps even those of you personally, whether you're still a councilmember or not, for my damages should you vote to approve an ordinance that didn't adequately protect my property or my family. Where are the sections in this ordinance about insurance and indemnification from the wireless provider? It's not difficult to envision personal injury attorneys wrapping up lawsuits against cities and towns and even council members when damages occur. A quick Google search reveals this is already happening. Lastly, the Town -- is the Town reaping any financial benefit by allowing tower installations beyond an application fee? Increased towers will enrich wireless providers. Will it also enrich our town? In full transparency, let's get those financial details and requirements out in the open and memorialize them in the ordinance. Again, lots of questions and definitely not enough protections for residents and the Town and accountability from the wireless providers. To approve this tonight as written would be irresponsible and, frankly, a dereliction of your duty. Thank you for your time tonight. CORRIGAN: Madam Mayor, Councilmembers, Mathew Corrigan, Fountain Hills. I had some prepared remarks before I came tonight. Little research. Not much. All I needed to do was look at prior comments in prior meetings, both Planning and Zoning and Town Council. As many of you know, I've been attending Town Council and Planning and Zoning meetings for a couple of years now, and the thing that I find most interesting about tonight is I have never seen this information that was planned and presented by John, and this is all new information. Now, here's something interesting. Campanelli, who was the, apparently, paid attorney TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 61 of 97 for consultation on broadband, that information did not reach Planning and Zoning. I attended Planning and Zoning, I believe it was July 8th, and Planning and Zoning was somewhat baffled by the fact that they were not allowed to see the Campanelli letter or any information pertaining to that information, and apparently, that was restricted by someone, maybe the town attorney, but it was not provided. Now, remember that Planning and Zoning has to have some idea of what to approve or not to approve, so withholding that information from the attorney, who is an expert on all capacities of broadband, is obviously unusual. So why did that happen, number one? And what is the definition of public information? When was the public, other than the Council -- and maybe not even Planning and Zoning. When was the so-called public information available? Again, a lot of this is new to me tonight, and I've attended just about every meeting. Maybe someone can explain that. There's obvious problems, and all you have to do is go to a website provided by someone like April McCormick and go to broadband technology -- UNIDENTIFIED SPEAKER: (Indiscernible). CORRIGAN: I'm not finished with my three minutes. UNIDENTIFIED SPEAKER: (Indiscernible). CORRIGAN: Oh, okay. I thought I heard something in the back. But anyway, I don't need time back on the clock. What I want to say is that we've had all the information from residents, individual residents. All the information on broadband has come not from the staff, not from the attorney, but from individuals who researched, took their own time and capability and volunteered that time and presented not to Town Council but to Planning and Zoning, and many times, I saw Planning and Zoning look to them for information. Lori Troller, Larry Meyer (sic), all of these people provided information. These were individuals who, with their own time and own opportunity, presented information. Why tonight are we getting so-called public information we've never heard about? It's a question. And I would -- I would -- I would compel you -- I would ask you, as the Town TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 62 of 97 Council, not to move too rapidly when you don't have all the information. We certainly don't. Thank you. PADGETT-ESPIRITU: Okay. Next up, we have Jerry Holtzman, followed by Crystal Cavanaugh. HOLTZMAN: Hello, Mayor, City Councilmembers. I'm Jerry Holtzman, a member of the community. I would just like to bring up a different aspect, which would be the health aspect. I hate to go back in time, 2020 when we had COVID and masks and six-feet distancing. How does that relate? Well, we had scientists -- I don't know if people have heard of industrial hygienists. They are people that study PPE, personal protective equipment, including masks. And after me working in a hospital, I was part of that. And masks do not work. We used respirators. And you can ask any of them. They did not work. This is not my opinion. This is their opinion. They're research scientists. And that's what I'd like to bring up today. There was nothing brought up about health risks tonight. So several studies published between 2022 and 2024 underscore the health risks posed by 5G technology. Research contradicts the International Commission on Non-Ionized (sic) Radiation Protection guidelines demonstrating various harmful biological effects of radiofrequency radiation, RFR, on humans and environment, including potential cancer risk. Studies reveal 5G's potential to induce neurologic damage and psychiatric problems, highlighting its effects on brain development, including the risk of conditions like dementia through mechanisms, such as impairment of neurocin (ph.). I can go on, but I just want to conclude by saying 5G appeals moratorium ignored despite evidence. The first of these published in September 2022 in the journal Reviews of (sic) Environmental Health, provides a good review -- overview of the hazards that 5G poses. The authors pointed out that since September 2017, over 400 scientists and doctors have collectively submitted six appeals to the European Union calling for a moratorium on the 5G technology. All have been ignored. The September 2021 appeal included extensive cover letter in which experts argue that EU's reliance on guidelines by the International Commission on Non-Ionized Radiation Protection places public TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 63 of 97 health at risk because the guidelines only considered heating and no other health- relevant biological effects from RFR. And my last question is -- to the Mayor and supporters from Council of this is would you put this -- willing to put your tower 25 feet in front of your house? CAVANAUGH: This wireless broadband tower item for your consideration tonight should definitely not be a rushed vote until specific definable measures can be incorporated into both Sections 16 and 17 for the protection of the residents and our property values. And since one councilmember is actually moving out-of-state, perhaps she should actually recuse herself unless her vote is to table this decision. This is a complicated issue. I don't fully understand all the complexities, and I'd also bet money that this council doesn't either at this time. Our P and Z has attempted to understand the total picture and ramifications for the residents, but they believe changes must be made to both Section 16 and 17 to fully address the issues. It appears that the best decision this council could make is to table this and send it back to P and Z, then provide them with access to all the needed documentation in order to make fully informed recommendations that protect the residents and our property. The lack of transparency to the community by placing prior discussions in executive sessions away from the public view is not acceptable. The mixing of terminology over the past years has added to the confusion for all concerned: the public, the council, the commissioners, and the staff. Allowing our attorney to withhold pertinent information and redacting the documents from the reputable expert that was hired supposedly by the Town yet signed by the attorney is not acceptable. Tossing about the term preemption to shut down discussions saying we, as a local entity, can't override big government regulations or put protections in place for residents is not acceptable or necessarily accurate. Do you remember the discussion of sober houses, which are now classified as transitional community residences here? Remember how so many of us fought for over two years to push the Town to implement certain protections for our neighborhoods, such as reducing the number of occupants in those houses and locations? But our TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 64 of 97 attorney told us and the Council again and again we could not place any restrictions to slow down unlimited proliferation. Big government rules don't allow it. But that wasn't true, was it? We were able to work within the system to protect residents at a local level with local regulations and requirements but without banning them. Why can't the same be done on this issue? Our scenic community should be the ones who set the guidelines for our local area, and for that to work, P and Z needs full access to information and expert resources. What parts can go underground, for example? How will emissions be consistently and objectively measured? Where can these be placed, et cetera, and other protections? Transparency during this process should be a priority because this affects all of us who actually live here. We should have a common goal of protecting residents and property values first in beautiful Fountain Hills while still working with this industry. Thank you. PADGETT-ESPIRITU: Next up, we have Larry Meyers followed by Rob Long (ph.). MEYERS: Mayor, Council, resident 43 years now. This discussion has been going on for three years by a lot of experts in the town. There are some in this room who have way more knowledge on this subject than the combined knowledge of anyone on the dais. So I'm going to talk about lack of transparency because that's what we have not only with this issue, but with many issues in this town. And transparency causes residents to question things. So certainly, there can be no denying that there's an area of expertise and three years of work done by residents and your Planning and Zoning Commission, and information was withheld from your own Planning and Zoning Commission that the residents paid for. Government has no money of its own. The money paid to Mr. Campanelli was our money, and no one in the residential community has seen that, and the Planning and Zoning hasn't seen it. Notwithstanding any debatable medical implications with regard to the proliferation of telecom small-wave towers on some people, I don't believe anyone on this dais wakes up each day saying, let's make our residents sick. It's much like the cigarette debacle. It may take 30 years, 40 years to play out. Some people smoke cigarettes all their life and TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 65 of 97 live to be 90. Some people smoke cigarettes and end up with lung cancer at 45. So I don't want to debate that. What I want to debate is when there's no transparency, my usual thought is, okay, let's follow the money. So I had a lot of detailed conversations with former Finance Director Pock. And the Town faces a revenue shortage. There is no question about it. We would have faced it a lot sooner if we hadn't had 11 million dollars dropped out of the sky by the feds. So tower leases. Now, that's a revenue stream that I think the Town is so anxious to get its hands on. However, the way I see it, if you put them in residential areas, that's a transfer of wealth because, without any disputable information at all, the data shows that property values, based on proximity to these towers in right-of-ways of residential property, diminishes property value from three to 20 percent. So you're, without my consent, going to take my property value and put it in your coffers to run this town. I would propose another method. And nobody ever wants to talk about it, but that way, people would vote on it and you would have some sort of consent. So I would urge you to send us back to Planning and Zoning, consult all of the experts, make all of the information available to everyone and come up with something that you can be proud of. Thanks. LONG: Hello. I'm Rob Long. My wife and I moved here three years ago to escape my native California. I'm very happy to be here. The last ten years in Carlsbad, I observed our local council and mayor make major decisions which impacted each and every resident behind closed doors, following tax-paid commissions and experts, whereas we, the taxpayers, had no access to even review or comment on these reports as we -- again, we were not permitted to see them. Our representatives and I -- and I use that word loosely, destroyed our once-beautiful hillside community overlooking the Pacific Ocean. So here we are. We left it. In short, I'd just like to say I would like to see more transparency, better transparency, especially when it involves our health and our property value because it's better information as to who to support when it comes election time. PADGETT-ESPIRITU: Next up, we have Tom Donnelly, followed by Lori Troller. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 66 of 97 DONNELLY: Hi, there. I've been here for four hours because my wife told me four hours ago that we were going to talk about towers and 5G technology. So I decided I better come tonight, sort of because she told me to come, and the fact that I went to law school, and I'm a licensed professional engineer with the State of California in safety and in quality. I worked on product liability cases where people have been killed for half of my career. I came tonight because I'm concerned about the issues and some of what was brought up, and the fact is that I've been here for eight years and never heard anything about this subject until something she read from a neighbor concerned about coming here tonight. And I'm concerned about the issue of safety, and I'm concerned about the laws that are represented here. I want you to understand the 3G technology and 4G technology. Those frequencies come from the Federal Communications, and those frequencies are within the range of about 80 to 100 megacycles, mega frequencies. When they went to 5G, you need four towers for every one that you had under 3G and 4G. The frequency range goes from 100 to 100 megahertz -- 100,000, I'm sorry, megahertz. That's why there's a great deal of concern about the biological effects, and in OSHA, they call them the thermal effects of what they're doing to the body and long-term stands from health. And there's also signs that we're starting to see that there are signs of cancer. And there's also the concerns in the hills where we've put them about the wildlife and studying the wildlife and what it's doing to wildlife. So I'm very, very concerned about this subject, and I'm concerned because I like this city. And what I can see is a potential here for going in and putting towers in here that are going to be the effect of a class action lawsuit of which you can't stand. I just settled a case against Toyota for 1.3 billion dollars on loss of class action of cars. You can imagine what a 1.3 billion lawsuit would be to this city. So I'm just letting you know, as members of this committee, this is a very serious subject. I've given my card to John and told him I'm happy to help with the issues of the safety of this community. I'm a little bit bothered at the fact that towers are being TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 67 of 97 considered here because they are absolutely -- where I live up -- Golden Eagle, up at the top where I have a wash right behind my house, and if you start putting towers down there, there's going to be a class action lawsuit of some very rich people up there, and it -- and it could come. So I just wanted -- and I've worked with John and the City people before on other issues, and they're a great group of people, but I -- and I see that a lot of work has been done into showing those charts, but I also agree there has been no communication to this city about doing this. And the -- and the potential impact here is considerable, so I wanted you to understand the difference in the frequencies between 3G, 4G, and 5Gs. It is a -- it is really a great deal greater in what the potential damage could be by high-frequency microwave frequencies. MAYOR DICKEY: Thank you, sir. Thank you. DONNELLY: So you know, I don't want to go on. I would have -- had I known that John was going to have all this, I would have presented more, but all I can say I'll help on this subject if you need it. MAYOR DICKEY: Thank you. DONNELLY: Okay. TROLLER: (Indiscernible) paying attention. Okay. What I handed out to everybody -- sorry I was late -- is a list of the other half of the ordinance that's not in existence. What John handed you is a lot of work. We need to work with that. This is the other half. It's not in there. And gee, just the timing is -- there's one -- there's a word in our -- in what we have presented tonight, and it's the word insurance. Doesn't even exist in that code, doesn't come up. So those towers aren't required to have insurance. So now, again, let me give the example I've got a tower in my ROW which falls on my driveway, and my child gets hit. I have to sue. I have to get medical coverage for my child because he got burned or whatever. Hopefully, you know, not worse. I can't go to -- because of what you guys are going to say yes to tonight, I can't go to the towers. They're -- they are not responsible. We don't hold them responsible with this ordinance. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 68 of 97 So I come to you. Town can't get insurance. It doesn't exist. The insurance companies don't offer that insurance because it's a huge loser. There's so many cases, like he spoke. So then it comes down to everybody who votes yes. You're going to be responsible for everybody's house. Five people -- say just five people have issues. And these are health issues. You're going to hear April. You're going to hear her voice. She's been sitting in this room that's filled with EMF. Her voice is affected by -- she's one of these people highly affected very quickly by this. You put one of these towers next to her house, she's going to be calling you. I hope you're moving, like, out of the country. So it's not going to -- it's not going to absolve you because a yes is a yes. I do want to get, really quick, back to what just happened 20 minutes ago. Hannah raised a point of order, a legitimate point of order. Allen read the law that we wrote, and I believe this was because Peg, about a year and a half ago, said, I can't -- you can't give this stuff to me so fast before a meeting. I need more than 24 hours. And I think that's why we wrote that. I think that's when that was amended. I could be wrong. But he -- what he read was you can't submit anything inside of 24 hours. But what just happened is we now have a mayor saying that didn't happen, we're just going to keep talking about this, I'm running this meeting. He said 24 hours. This is a legitimate point of order. It needs to be put back to P and Z, delayed until Decem -- I don't know what it is, but it's not the vote tonight. You can't ignore what just happened in this room. Thank you. MAYOR DICKEY: Okay. So we can discuss. We can make a motion. I'm going to close the hearing and -- UNIDENTIFIED SPEAKER: (Indiscernible). PADGETT-ESPIRITU: There is one for the last item, but you may go ahead and speak. MCCORMICK: Good evening. My name is April McCormick. I moved to Fountain Hills in August of 2021, and shortly thereafter, I got involved with this issue because it does affect me personally. I've been involved with this issue since 2018 and worked with every municipality where I've lived on passing a appropriate ordinance to protect TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 69 of 97 property values and public health. So when I got here, I knew exactly who to offer to give advice to this council, and that was Andrew Campanelli and Scott McCollough. They are the two most-renowned telecommunication attorneys in the country. They have 60 years of experience between them, over 7,000 federal cases, and they have won cases on the FCC order, which your state law -- this state law is a carbon copy of that. They've won in the Ninth District. And that gives us a blueprint of what is possible. So I offered Andrew and Scott to meet with staff for free and, of course, was told no. And instead, what happened is Aaron went and hired the Telecom Law Firm. Well, ironically, on the website fountainhillssafetech.com, where over 1,000 residents have visited that site in the last four days, over 4,000 since 2022, he hired the Telecom Law Firm, and on the -- on the website is a memo from Scott McCollough. Scott is now Bobby Kennedy's attorney. He's also the attorney for Children's Health Defense, and he's won court of appeal cases against the FCC on all of these issues. Scott is responding to the City of Malibu specifically about what they call the Kramer memo. Well, Jonathan Kramer is the attorney you all chose to hire, and in Malibu, he wrote a memo about what they can't do. So the citizens hire Scott. Scott writes a ten- page rebuttal of all the things you can do based on state law. He finishes the memo by saying, in summary, the reciting of just industry talking points by the Telecom Law Firm. You have to wonder what the conflict of interest is here because he's clearly not serving the community. And when you look at what his conflicts are, they are so egregious, it's mind-blowing. Aaron actually even entertained him, and you let him do it. He has a real estate company where he lists and sells, and brokers property with antennas. He has a leasing company where if you buy property and you want to put antennas, he'll do all the lease work for you. He also has a property management company where once you get an antenna on your property, he'll manage the site for you. It's the most egregious conflict of interest anyone's ever seen. So after the petition to get rid of him, you finally hired Campanelli, and you sat on an TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 70 of 97 ordinance for a year. I've done so many public records requests trying to get that from you. All have been denied. I tried to get his billable hours for how much he talked to the Telecom Law Firm and got 100 pages of fully redacted notes from his law office. Elections matter, and I'm telling you right now, the only way this is ever going to happen is to get rid of her and her. And Andrew has never been treated so badly by any municipality in the 30-year career, and I get that. Since moving here, I have never been treated so badly by the group of people that are your comrades and sat on this side of the room, two of them laughing hysterically, and you just let them all night long. MAYOR DICKEY: I'm not doing that. And your time is up. I'm sorry. Thank you. MCCORMICK: You're not doing anything. That's the problem. MAYOR DICKEY: Okay. So we've heard from the public, and now we -- if somebody would be willing to make a motion, then we can discuss it, amend it, however, you want to do that, and I'll close the -- pardon me? MCMAHON: (Indiscernible) make a motion (indiscernible). MAYOR DICKEY: Yeah, whatever you want to do. It's up to you. MCMAHON: I'm going to make a motion. I'm going to make a motion to approve the ordinance as written. MAYOR DICKEY: 24-01. MCMAHON: 24-01. Sorry. MAYOR DICKEY: Thank you. This is just so we can continue to discuss and amend it. We have to have a motion so that we can amend it. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. MCMAHON: Thank you. MAYOR DICKEY: I am going to close the hearing, and now we can discuss. Hannah, I think you were first. TOTH: Allen was actually first. MAYOR DICKEY: Oh. Councilman? SKILLICORN: Thank you, Madam Mayor. Considering the amount of source documents TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 71 of 97 to do some research -- and I'm not an expert on this, and I think there's more that I want to know about this, and I also want to compare it to the Campanelli information. I want to make an alternate motion to continue this until December 17th. TOTH: Second. MAYOR DICKEY: So I think a motion to continue takes precedence? ARNSON: It does. MAYOR DICKEY: Okay. So we have a motion to continue, until December 17th, this item. And we can't debate, right? ARNSON: Mayor, one second. I actually don't know that that's correct. MAYOR DICKEY: This is different from a -- ARNSON: One second. MAYOR DICKEY: Different from a -- ARNSON: Because it's different from calling the question. MAYOR DICKEY: Yeah, yeah, yeah. ARNSON: Motions to continue. "Motions to continue shall be debatable only as to the propriety of postponement. Motions to continue to a definite time shall be amendable and debatable, and they are debatable as to the propriety of postponement only." MAYOR DICKEY: Okay. So basically just the idea of continuing it is the only thing we can debate? ARNSON: Yeah. MAYOR DICKEY: Okay. So we have a motion and a second to continue the item until December 17th. Roll call? PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Nay. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Nay. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye. PADGETT-ESPIRITU: Councilmember Friedel? TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 72 of 97 FRIEDEL: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Nay. PADGETT-ESPIRITU: Mayor Dickey? MAYOR DICKEY: No. So now we can discuss the actual item, correct? ARNSON: Yes. MAYOR DICKEY: Okay. So I have a couple -- well, I won't go first. So Hannah. TOTH: So I have a few statements on this, one being, of course, that this does not include 16.2, which was -- the origin of this conversation was broadband, not cellular. So I know I'm beating a dead horse, but we really should have done that in a pack. Was it 16.2? I think it was. Second, there was a recommendation by CTIA that's included in our packet. One of the items was that in the ordinance, Section 17.03(a)(8), the provision states, "No sign shall be allowed on an antenna or tower." However, FCC rules requires that signs may need to be attached to provide notification or warnings as to RF radiation exposure. This was part of the recommendations, and I didn't see it in the recommended amendments or -- oh, thank you, John. WESLEY: Excuse me, Mayor. Yes, Councilmember, we did make that change to that section. TOTH: You did. Okay. WESLEY: So it does require any signage required by law. TOTH: I missed it. Thank you. Actually, could you point to me where that is? Because I saw on -- thank you, John. WESLEY: It might take me just a moment to get there because I'll have to get out into the ordinance itself. Can't remember exactly where it is. TOTH: I actually think it's bullet point L that I was looking at, but that would be under 17.04. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 73 of 97 WESLEY: Yeah. They had some of their numbering wrong in that memo, but let's see. UNIDENTIFIED SPEAKER: (Indiscernible). TOTH: I understand. I think it might have been repeated in 17.04 dot -- or point L. I don't know how I'm supposed to refer to that. WESLEY: Yes. Councilmember, here it is. On 8, if you look on the screen, "No signs other than those required by law shall be allowed." So -- TOTH: Thank you. Would you mind scrolling down to 04? And then on L. I think we actually might have had that line in there twice. Is it -- hold on. Let me try and be more helpful in this. 17.04, General Requirements. WESLEY: 17.04 is type of applications. TOTH: L. WESLEY: 17.03 is the general requirements. So again, if you're looking for CTI -- TOTH: Am I looking at an old ordinance? 17.04(l). It's page 131 in our packet if that's helpful at all. WESLEY: No, I don't have it up that way, I'm afraid. No. UNIDENTIFIED SPEAKER: John, I think you're looking at your saved version versus the version that's in the packet. That's what the councilmember is looking at. WESLEY: Should be the same version. TOTH: Is there a difference between what was in our packet and what's up here? WESLEY: There shouldn't be. ARNSON: There shouldn't be. TOTH: I think I'm -- let me scroll up. Maybe this was an old -- no. Chapter 17, Wireless Telecommunications Towers and Antennas. It's page 1 -- what did I say? 35? UNIDENTIFIED SPEAKER: 131. TOTH: Thank you. 131 of the packet. Item L says, Signs. "No signs shall be allowed on an antenna or tower." I think -- was my packet given an old version? Okay. UNIDENTIFIED SPEAKER: (Indiscernible). TOTH: I'll scroll up real quick. UNIDENTIFIED SPEAKER: (Indiscernible). TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 74 of 97 TOTH: So we have one version that shows amendments where it's stricken or in red or green, and then we have the one below, which would typically show the adjusted version of the amendment. UNIDENTIFIED SPEAKER: (Indiscernible). MAYOR DICKEY: Aaron? ARNSON: Mayor, I'd suggest a recess until we figure out what's up because I don't want -- the transcript's not going to pick up the conversation that's happening. MAYOR DICKEY: Okay. We'll recess, then. ARNSON: For, like, two minutes. MAYOR DICKEY: Okay. [RECESS] MAYOR DICKEY: Okay. We're ready to get going. So who's going to clarify? TOTH: Sure. I'll take this one. So the amended, clean version of the ordinance is above the red line, which is above the -- what would be the current Chapter 17. So that's where we had some confusion. It's cleared up now. Sorry to John. You can continue with -- were you explaining something in the first place or no? Okay. Cool. We're good to go. MAYOR DICKEY: Thank you. Any other comments? So I just have kind of a overall question. This -- what we're looking at tonight, which is Chapter 17, of course, and was this not -- was this not what you presented to P and Z in pretty -- you know, I think you changed a few things after some of the conversation. I think that they made some suggestions, and you put them in this, but isn't this largely what you presented to them in July? WESLEY: Mayor, Councilmember, yes, it's very similar to what was presented to P and Z at their July 8th meeting. There were some comments and suggestions that they made at that time, one or two of which, I think, got added in here. There were a few things that were in that draft to them that -- as I went back through that kind of didn't make some sense or whatever and maybe were deleted, but other than a few minor changes, yes, it's what they saw at that meeting. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 75 of 97 MAYOR DICKEY: So this isn't -- this isn't something that nobody's seen. It was on the P and Z -- WESLEY: Yes. MAYOR DICKEY: -- and P and Z discussed it quite thoroughly and added some stuff to it. While they didn't recommend it, they didn't find fault in it. It just wasn't addressing 16, correct? Or you know, maybe I shouldn't -- WESLEY: Yeah. MAYOR DICKEY: -- ask you it that way. But in other words, it's still a protective piece of -- the language is still protective. It's just only in Chapter 17, so it does not address small cell at all. I mean, basically, that's kind of out of this discussion. But the work that went into that -- there is some public input, there is some Campanelli input, there's staff input, P and Z, of course, that went into what we're seeing right now. So there were substantive changes, also some reorganization, clarification of existing laws. And again, it's not just our law. It's federal law, it's state law that we have to take into account about all of those. So I guess what I'm saying is this doesn't appear to weaken what we have. It appears to strengthen what we have. So when someone says if you pass this, you could be doing something that's more damaging, I -- it seems to me what we're passing is something that has more restrictions to it. It may not be enough for some people, and it may be in the wrong place for some people, but there's nothing in this that precludes further changes in Chapter 16 or further changes in Chapter 17, or us looking into trying to get more underground fiber. Is there anything in here that precludes further action like that? WESLEY: Mayor, no, there's not. MAYOR DICKEY: There is not. So I guess because I'm just trying to simplify it as much as I can, this appears to be more protective than what we have in place, and it doesn't stop us from trying to put more things in other places or to even amend this further afterwards? WESLEY: Correct. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 76 of 97 MAYOR DICKEY: Thank you. Hannah? TOTH: While I do agree that it -- we're not stopped from amending it further afterwards, I want to bring up the point that this is not addressing the public's concern that started this entire process. The original concerns that I was told about had to do with broadband had to do with Chapter 16. I think -- and I'm sorry, John, because I know you've put so many hours into this topic, but I think, while we're in the weeds and it's fresh on everyone's mind, it is best to deal with these issues together and deal with them well. Because it is such a complicated topic, because there is so much legality behind it, it is so important to get this right and not pass an ordinance that, okay, it might strengthen us in one area, but we're missing a definition here. We don't have insurance requirements or standards. With three years of discussing and working on this, if we're going to do it, let's do it right. I really don't want to bring this back in a year. And maybe it's selfish of me, but I would really love to stop talking about 5G, to be so honest with all of you. And I'll leave my points at that, but I'll be a no vote on this or any amendments. I would far rather we send this back to P and Z, add in 16.2. And if this motion were to fail, that will be the motion that I recommend. FRIEDEL: Thank you, Mayor. I just want to point out, I think -- not speaking for Planning and Zoning. They did find fault, and they unanimously, I believe, kicked this up to the Council. We haven't gotten anywhere on this. How can this council, in good conscience, not require a permittee to indemnify this town? You know, the minute a tower is approved near someone's home, the Town is going to have to defend a lawsuit. And if we're so concerned about lawsuits, there's nothing that addresses that in this ordinance. The permitting beneficiary should have to indemnify the Town against any lawsuits. That's not in here. It's clearly not in here. Likewise, why would the Town not insist on some kind of a bond or something or lien rights to pay for the removal of an abandoned tower? Who's going to get stuck with that? The Town? The residents? There's a lot of work that has to be done on this yet. I -- and I agree with Hannah. I think this needs to go back and have some more tweaks TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 77 of 97 to it. I'm not saying we shouldn't do it, but I'll be a no vote as it stands right now. This town's not indemnified at all, and that's a big issue for me. MAYOR DICKEY: Vice Mayor? KALIVIANAKIS: Thank you, Ms. Mayor. Aaron, would you be so kind as to -- because I know a lot of the conversation tonight was about the health effects of this kind of technology and review 47 U.S.C. Code 332 and how it pertains to this technology? ARNSON: Mayor and Council, can I just read the statute? KALIVIANAKIS: Of course. UNIDENTIFIED SPEAKER: (Indiscernible). ARNSON: It's short. 47 U.S.C. 332, Subsection (c)(7)(b)(4). "No state or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radiofrequency emissions to the extent such facilities comply with the Commission's regulations concerning such emissions." KALIVIANAKIS: So then are we prohibited by federal law to do what some of the people have proposed tonight, which is deny this technology? ARNSON: Yeah, we can't -- we can't outright ban this technology. And it's not wrong. KALIVIANAKIS: Okay. ARNSON: And it's -- and it's not wrong. KALIVIANAKIS: Okay. ARNSON: It is not wrong. KALIVIANAKIS: Okay. ARNSON: So -- KALIVIANAKIS: Thank you. ARNSON: Yeah, it's not. KALIVIANAKIS: Yeah. And the other thing I would like to say, too, is that, you know, we've been kind of playing whack-a-mole with this ordinance for a long time now, and it seems like when we first started this -- and I've got screenshots -- in June 2022, all the comments were about -- this evening are, "We're talking about 5G communications. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 78 of 97 The next advancement of cell phones is being thrust upon us. We have seen the 5G upgrades and existing cell towers. These sites are now what is called 5G macro towers, which" -- blah, blah, blah. 5G is my topic. So we kind of -- we started at one point, and it seems like every time this goes before the Planning and Zoning Commission or it comes back to Council, we're talking about other points, and we're expanding into other chapters, and it's just -- it's a whack-a- mole, and now, all of a sudden, you know, we want to send it back so we can dive into other chapters. I certainly agree with the Mayor that if we vote no tonight, all we're doing is restoring an ordinance that I have discussed extensively with John Wesley and Aaron that was flawed. The original ordinance. That's what we go back to. And so the ordinance that has been toiled over by Mr. Campanelli, by the Planning and Zoning Committee, by this council and all the work that's gone into this collaboratively, is it perfect? No. But sometimes, the perfect is the enemy of the good. And so we've moved the ball along. We put in more protections. Like the Mayor said, we can revisit this. We can look at any chapters. We can look at insurance. We can look at everything else. You know, I mean, everybody's afraid of this thing falling on their house. Well, what about the water tower that's next to your house? What about the street sign and the streetlight, and the bridges that you're crossing? Is everything being indemnified by this town? There's a lot of dangerous things out there. So yeah, if this thing falls on your house, you're going to probably end up suing the telecommunications company for negligence. Does the Town have to get involved in that? No. It's ridiculous. This is the technology. This is mandated by federal law, by state law. And all we can do, Aaron -- and you -- again, weigh in on this if you guys doubt me -- is we can do some placement, we can do some landscaping, we can do some colors and make the saguaro cactuses and do aesthetic stuff, but we can't -- we can't ban or overregulate this like everybody is advocating that we're doing. It's against the law. We have a constitution. We have federal law. We have state law. An attorney wrote me today, an attorney that has presented before to this council that TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 79 of 97 we all know, and he said, Brenda, you know, why are you letting federal government bully this town around? it's bad for our town, and we should deny it. I've got the email. He's an attorney, and he's telling me, why are you letting the Constitution, the United States Code, and the Arizona Revised Statutes beat us up? Because we follow the law, and we do it lawfully. The Republicans are so mad at Joe Biden because of the student loan program. UNIDENTIFIED SPEAKER: (Indiscernible). KALIVIANAKIS: Well, I'm sorry, but I'm going to just finish my thought. That he wants to relieve student loans, and the Supreme Court says you can't, and then he wants to relieve -- they can't do it. He's got to -- he's got -- the President's got to follow the law, the Congress has to follow the law, the legislature has to follow the law, and we have to follow the law. And that's all I have to say. TOTH: Mayor -- FRIEDEL: So I guess you're volunteering for the first one of these towers to go up in front of your house. But nobody here tonight has said anything about banning anything, Councilwoman. Nobody has. I haven't heard anybody, but you use those terms. We're not talking about banning anything. We're saying come on in, work under our ordinance. That's all that -- KALIVIANAKIS: Well, thankfully -- FRIEDEL: -- that's all we're -- that's all we're doing. KALIVIANAKIS: -- I don't have one of these towers in front of my house, but I do have an eight-foot -- large ROT (ph.) sign in front of my house that was placed by somebody. MAYOR DICKEY: Hannah? TOTH: While I question the relevance of the mention of the political sign, I also just -- I know the camera won't show it, but I'll verbalize. Could I get a hand raised if anyone is in here to ban 5G? MCMAHON: She's not allowed to (indiscernible). TOTH: So for the record, no hands are raised. Furthermore, there's no water towers in Fountain Hills. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 80 of 97 MCMAHON: (Indiscernible). Shut up. FRIEDEL: You. MCMAHON: You're such a -- TOTH: And a point of order. Ms. McMahon was not recognized by the Mayor before telling people to shut up. UNIDENTIFIED SPEAKER: (Indiscernible). MAYOR DICKEY: Try to be calm. You are now -- you are recognized, so please go on. Thank you. TOTH: Thank you, Mayor. I am calm. That's why I'm using my calm voice. There are no water towers in Fountain Hills, so the relevance of that does not make sense. I also take issue with the -- with the statements that appear to imply that the people of this town that have come up here to speak on this issue -- many of whom have been new faces throughout this process. We had one gentleman that's an engineer, and Lori, I know, has spent hours and hours and hours researching this topic. I understand that it's a complicated topic, that there's a lot of information to it, but to talk about people of this town as if they are simply conspiracy theorists, they want to ignore the Constitution, I'm not aware of a Constitutional right to build something on someone else's property. That's what I've got. FRIEDEL: Mayor -- MAYOR DICKEY: Again, we're not putting anything on anybody's property. I think what we are forced to allow is some of these to be built in rights-of-way, and there -- I know that at the last P and Z meeting, it was sort of said in a way that we are not preempted, but we are. It's -- we are preempted. And right now, the law that we have is not as protective as this one is. John? WESLEY: Mayor, thank you. If I could comment on a couple of things that I've heard here this evening. So the concern about a tower being built 20 feet from my house, the ordinance we're talking about, Chapter 17, for anything other than the small cell in the right-of-way, by this table, the closest it can be is 200 feet. The tower is 40 to 65 feet. It's got to fall, if it falls, on its property. Yes, we don't have any indemnification or TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 81 of 97 insurance requirements in this section. But for the small cell towers, which can be in the right-of-way, as you just mentioned there, which, in theory, could be 20 feet of -- a 20-foot setback from somebody's home, there is a requirement there for insurance and indemnification for the small cells. That's in the terms and conditions. MAYOR DICKEY: Councilwoman Grzybowski? GRZYBOWSKI: I'd like to actually discuss the ordinance that has been presented to us and the amendment that has come before us. It should be read so that people at home and sitting out here know what the amendment is. Also, I'd like to know the thought process behind the amendments that have been presented. I feel like we could beat up every damn word of this document and be here until 2 o'clock in the morning. We need to address the issue at hand. The issue is we were presented with this ordinance. Let's discuss it, and let's discuss the amendments that were presented, please, and thank you. MAYOR DICKEY: Gerry, (indiscernible). FRIEDEL: John, I just have one question. Every tower that's put up in this town, is there a lease associated with it? WESLEY: Mayor, Councilmember, I would assume so. Again, we're talking about on private property. I would assume the tower company gets a lease from the property owner. That would be part of it. FRIEDEL: And anything in the right-of-way as well? WESLEY: Anything in the right-of-way that is coming through the town, and they would get -- go through Mr. Weldy in Public Works for lease agreements on private property encroachment agreements in the -- in the (indiscernible). FRIEDEL: Do we have any financial impact or idea as to what that might be in the way of dollars or cents? UNIDENTIFIED SPEAKER: Madam Mayor, Councilmember, we, indeed, do have lease sites. I do not have those numbers available. I will research them and report back to the Mayor and Council tomorrow. But yes -- TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 82 of 97 FRIEDEL: Fair enough. UNIDENTIFIED SPEAKER: -- (indiscernible) year. FRIEDEL: Fair enough. Thank you. MAYOR DICKEY: You've just made a good point, though, by asking that because the idea that we were, inadvertently or directly, made a sales pitch and the Town saw dollar signs, the conundrum with door number two -- this is from the Planning and Zoning meeting -- is that those dollar signs, if not managed, are at the expense of the average citizen from a number of angles, predominantly property values, and health, and that is not appropriate without us at least having a conversation that it was -- absolutely had nothing -- you're asking because you're -- you didn't know of anything, and there were no dollar signs dangled in front of us that made us want to put more towers in. And as someone that's lived here for 40 -- now almost going on 42 years, who raised her family here, I find that idea of -- and how much would it be, anyway? But that we would be encouraging towers because of some lease that we might get for it? I mean, that's just not -- I don't even want to say a word of what I think it is. It's just plain wrong. And I'm glad you asked that question because you're proving that we had absolutely no idea that we were getting offered money. FRIEDEL: Mayor, I -- that wasn't my intent, but I knew the answer to that question before I asked it. MAYOR DICKEY: Right. Thank you. Brenda, would you like to present your amendments and, you know, if you want to do them and just -- or, you know, give us your motivation or your ideas on those? KALIVIANAKIS: I certainly would. Thank you, Ms. Mayor. Yeah, as regarding 17.03(a)(3)(d), I just -- I did want to delete the first sentence. "The choice of design for installing a new wireless communication facility or the substantial modification of the existing wireless communication facility shall be chosen to minimize the potential adverse impacts that the new or expanded facility may or is likely to inflict upon nearby properties." I view that as word salad, and it's meaningless word puzzle. Essentially, what 17.03 wants to do is encourage stealth design, such as mono-palms or flagpoles, TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 83 of 97 and they should be camouflaged to the poles and antennas. So I just -- I just got rid of the excess verbiage, which I just though was wiggle words. I think we had already talked about the sloping when Hannah asked me that question earlier. TOTH: Before we move on, can I ask a question about that -- KALIVIANAKIS: Of course. TOTH: -- earlier one? Thank you. This would strike out the language, "Shall be chosen to minimize the potential adverse impacts that the new or expanded facility may or is likely to inflict upon nearby properties." I understand it is a long sentence. However, striking that without changing the wording in the second sentence -- I think that's the second sentence. Now, it just says, "Stealth design such as -- such as mono-palms or flagpoles," so including others, "should," not shall, "be utilized to camouflage the pole and antenna." So I want to throw out there that this is absolutely changing the meaning of that paragraph. I guess that wasn't really a question, but sorry. MAYOR DICKEY: So change "should" to "shall," Brenda? KALIVIANAKIS: Well, I mean, again, it says, you know, rather, "Design choice should be upon the applicant if the design meets the ordinance objective standards, such as antenna dimensions," and so it would refer just back to our ordinance. And like I said, it's superfluous language that is just not necessary. I mean, if you want to change "shall" to "could", I have -- I have -- MAYOR DICKEY: Shall -- KALIVIANAKIS: I still just think we should just strike out that language because it's just not necessary. TOTH: I think a further concern is assuming we were to change "should" to "shall," then it still -- "Stealth design such as mono-palms or flagpoles shall be utilized." Now, we're talking anything that's considered a stealth design. I got to be honest. Some of those palm trees or the cacti, some look good. A lot don't. KALIVIANAKIS: Again, I just -- I just don't think it's our duty to do that kind of regulation. It's -- again, it's all set by our objective ordinance standards that we already have written into the code, and it's -- again, it's just -- it's just making a person that would want to put TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 84 of 97 one of these units in our town subjected to language that they might not even understand because, quite honestly, I don't even understand it, and I'm reading it right here. I mean, we have to make our ordinances user-friendly, and I don't think using all these superfluous words is user-friendly. I mean, we should try to write these things -- what do they call them, Aaron? Clear language laws. It should be clear language so everybody that reads it knows what it means. MAYOR DICKEY: Do you want to make -- do you want to make amendments as you go along, or would you like to wait until you're -- until you're through? KALIVIANAKIS: It's really up to what you'd like to do, Ms. Mayor. MAYOR DICKEY: I mean, is it easier to do it one by one? ARNSON: One by one, Mayor. MAYOR DICKEY: Yeah. So if you would like to say that you would like to amend language with what you wrote there. KALIVIANAKIS: I think I did. MAYOR DICKEY: Okay. KALIVIANAKIS: I read the whole thing. MAYOR DICKEY: So is there a second? GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. Any further discussion on the amendment? I'm kind of thinking that I like the protection that's in the language that exists there. Any other discussion on the amendment? MCMAHON: I don't think that the -- MAYOR DICKEY: Councilwoman? MCMAHON: I don't think that the language hurts anything. I mean, I really don't. I don't -- like, you think it doesn't add very much, but I think that the first sentence, you know, combined with the second one serves the purpose of the design need to minimize the potential impacts, and then also -- you know, in doing that coupled with having a stealth design. So I do think that the -- having the two sentences are fine. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 85 of 97 KALIVIANAKIS: Right. Okay. Yeah. I mean, these are all recommendations that were done by a trade association that looks into these and tries to make reasonable ordinances that are understandable. You know, if you look at the 17.04(c)(3)(c), you know, it talks about -- I think that we exceeded our Sections 253(a) and 332 of the Communications Act by being overbroad of, again, what this council can do. You know, at this point, I'll just -- I'll withdraw my amendments, and we can just proceed. I think that my amendments would have made it better, but we've had so few applications, and maybe we're just doing too much of a deep dive, and there's things that maybe won't even matter that much. It's just the lawyer in me. Just I wanted to tighten it up and make it a better ordinance. But you know, if the Council just wants to move on tonight, I'm ready to do that. MAYOR DICKEY: Thank you, Brenda. Any further discussion on what's ahead of us? And again, the 20-foot -- I had a question about that, but you answered that. The liability issue is in 16 but not in 17, so there's no insurance in this particular thing. This is not having us consider more towers because it kind of looked -- I think that's what some of the public comments sounded like, it was more of a permissive, but it's actually less permissive. The mixing of terminology is true, as you pointed out and as a speaker pointed out, and that is what has led to a lot of the confusion with -- now, you're saying they don't want to ban 5G, but that was kind of how it started. You know, we had a moratorium on 5G, and that had to do with the health -- TOTH: Wait -- FRIEDEL: Only while the ordinance was being worked on. MAYOR DICKEY: Right. But I mean, that was -- when this first came up, that was what -- the health part of it was actually the driving force, so -- and then -- TOTH: Madam Mayor? MAYOR DICKEY: Yes. Yes. TOTH: I am sorry to interrupt you. However, I don't want words put into the public's or my mouth. The intention of the moratorium was so that we had time to work on this TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 86 of 97 ordinance, not to ban 5G. It was to put a hold so that we could put together something strong. But the thing with that moratorium is that, again, the intention was for broadband, which this doesn't cover. So either way, we're not fulfilling the purpose of that original motion, but I want to be so very clear that that was not due to health. That was not with the intention of banning 5G. MAYOR DICKEY: It was not due to health? UNIDENTIFIED SPEAKER: (Indiscernible). TOTH: Correct. MAYOR DICKEY: Excuse me. We're having a discussion here. So when we first started this conversation, it was not due to health? TOTH: Correct. MAYOR DICKEY: I disagree with that, but we'll move on. The other thing was the -- oh, what is the reason to break out voice from data or -- that was one of the first things you talked about that we don't do. You said there was no -- none of the other ordinances in any other places have that distinction, and it seems like some people want that, and I was wondering, what's the advantage of that? Why would anybody want that? WESLEY: Mayor, Council, I'm not sure how clearly I can define that. From what I have been hearing, one of the main purposes behind the small cell 5G towers is to transmit data for your Internet service and so forth in that wireless mode, and that's where there is concern with the impact from a variety of ways in terms of having that number of small cell towers up and down our streets. In the federal law currently -- and I don't know, Aaron, if we know if any acted on the change, but under federal law, the voice is highly regulated, but there's less regulation on the broadband, or there has been. There's a effort to make the broadband coverage just like the voice is. And the FCC approved that change, but then it was taken to court. And again, Aaron, I don't know if we've seen what's happened from that. So there at least has been some room to regulate broadband more than voice. But again, in terms of what I have seen in other ordinances, I've looked at, and what we got from Mr. Campanelli, there is no distinction. It talked about towers. It talked about TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 87 of 97 antennas. Didn't talk about voice versus broadband. And so to make that kind of distinction in our ordinance, we would have to hire some professional who knew how to break those out. MAYOR DICKEY: Okay. Thank you. So -- but it is something that's being spoken about as something else that might have some room for more regulation? WESLEY: Maybe. MAYOR DICKEY: Okay. All right. Anything else? Any other discussion? So we have a motion and a second to approve -- move to adopt ordinance 24-08 and a second. Roll call, please. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Nay. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: No. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: So I just want to be clear. We're -- we've moved to approve it as written unrelated to the amendments? Yes. PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Nay. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. It's better than what we had. PADGETT-ESPIRITU: Mayor Dickey? MAYOR DICKEY: Aye. Thank you very much. PADGETT-ESPIRITU: Passes four to three. MAYOR DICKEY: Appreciate it. Our next item is somewhat related. And John, if you want to explain it, please? WESLEY: Yes. Mayor and Council, as we were working on Chapter 17 and also, then, experiencing some developments in town with regard to, primarily, some of the SRP TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 88 of 97 transformer boxes and some of the antennas that they were putting up on those so they could communicate between their different facilities, we recognized that this is a new type of antenna that was not clearly covered in our code. And so in Chapter 17 that we just reviewed, we added a provision for what we are calling utility service antennas, and that -- Chapter 17 covers those antennas that are not placed in the right-of-way, but many of these that we're dealing with are within the right-of-way, and so we wanted to address those here in Chapter 16 just like we have the other encroachments and the small cell. So we have the definition here of what we mean by utility service antennas, and here's a picture of what one of those types of antennas looks like, and again, it's meant -- it's part of the utility service and communicating to different parts of their overall network. And so the ordinance that we have before you has a general requirement that if the top of that antenna is going to be less than six feet above grade, then it just needs to be designed and painted in a way that it would blend with its surrounding, but if it's any taller than that, it needs to have some kind of stealth design, such as a saguaro cactus or otherwise approved by the Public Works director through that encroachment permit process. And as far as any review process that goes with that, again, if they're less than six feet tall, all they need is the encroachment permit. If there are any electrical permits needed, they would get those, also. If it's taller than six foot, get an encroachment permit and the building permit to go with that. And so that is this simple ordinance. MAYOR DICKEY: Thank you. Any questions for John? Councilman? FRIEDEL: John, what are those -- are those SRP and other utilities? WESLEY: SRP is the main one we've been dealing with. Currently, Councilmember, there are five or six of those antennas currently around town that are in the process of being changed over to the saguaros. FRIEDEL: What's the alternative to those antennas for them? WESLEY: For them, it's people having to come out to sites to flip switches and valves and do readings and those types of things. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 89 of 97 FRIEDEL: Thank you. MAYOR DICKEY: (Indiscernible). You disappeared. Councilman? SKILLICORN: Thank you, Madame Mayor. And to answer a little bit of that question is sometimes, like, water meters, electrical meters, they'll have a way to communicate and it -- so you don't have meter readers going yard to yard like back in the old days. At my old house, we used to have -- actually, it's funny because I don't remember them installing it, but I remember, one day, messing around with my sump pump. We used to have sump pumps in the Midwest. And I found this meter on the equipment there, and it would -- it was actually monitoring the amount of water -- wastewater, so -- and this wasn't like the photos. Like, literally, you had to -- they had to drive by, had to be within, like -- you know, like, 50 feet or something. They had to drive by your house and so on to get meter readings. I wasn't aware, Director, that they were as ugly as the ones you had in the photograph there, so this is -- I am actually enthused about this ordinance because it's a big improvement. And even -- it's a small issue. Most of it's on private property, and most of them are small, but this is correcting -- it's a good example of a problem that could come here, and we're nipping it in the bud. So thank you very much. MAYOR DICKEY: Now Councilwoman. TOTH: Okay. I might have still forgot my question, but I did want to say thank you for your work on this, John. I honestly -- when -- I don't know if it was when the first one was put in or just when I noticed it, but a year-ish ago, when I saw one, I was wondering what that was and why it was there and why it was so tall and kind of ugly. So just thank you for your work on this and the preemptive strike. WESLEY: Yes. Mayor, if I may -- and Councilmember, thank you for that. It was noticed by, you know, some of our staff, and we've been able to work closely with SRP, and they've been very agreeable with us in terms of the design and getting these changed out to something that is more attractive. So we're grateful for SRP being so willing to work with us on it, too. MAYOR DICKEY: Councilman: TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 90 of 97 SKILLICORN: Madame Mayor, I think Director just answered my question. I was going to ask if that ugly one in the photo was going to be legal, nonconforming, but sounds like they've addressed it? WESLEY: They've been -- Councilmember, they've been agreeable with us to go through -- and again, we got five or six, I think, Mr. Weldy, that are currently in process of being swapped out for something of a stealth design. SKILLICORN: Yeah. Okay. We got to -- we got to keep on them. MAYOR DICKEY: All right. Can I get a motion to -- SKILLICORN: Motion to approve. ARNSON: Mayor? TOTH: Second. MAYOR DICKEY: Roll call, please. ARNSON: Mayor? Sorry. UNIDENTIFIED SPEAKER: (Indiscernible). ARNSON: Oh, there -- and there are cards. MAYOR DICKEY: Oh, sorry about that. PADGETT-ESPIRITU: Yes, we have -- we have -- it's okay. MAYOR DICKEY: Two cards? PADGETT-ESPIRITU: The Town actually received 15 speaker cards. 13 were just written comments, and 13 of those written comments were -- their position was for. And we do have two speaker cards requesting to speak. The first one is Lori Troller, and the second one I have here is followed by April McCormick. TROLLER: Hello. Lori Troller, resident. I got to actually start with a question. So this is only to make it stealth? That's the only -- that's what's being proposed is to make it stealth? So is it -- is it not to be able to attach this to existing telecom towers? That's what I thought I read. I thought the -- I thought they were saying that they were -- the utility was asking for a combined use of any structure where telecom antennas are. Is that wrong? That's wrong? UNIDENTIFIED SPEAKER: (Indiscernible). TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 91 of 97 TROLLER: Okay. So this is only to make the pictures that you had, the cactus? MAYOR DICKEY: Lori, if you want to -- do you want to make your statement, and then maybe he could answer? TROLLER: I don't know what statement to make because I think I misunderstood what's going on. If -- here's my statement. If what they're trying to do is take these utility receivers -- data collectors and put them on something that's about to be prolific in this town, I personally don't want Big Brother listening to me on my power bills and everything. So what they're doing -- so if you're SRP and you want to -- you've got AI now. I see the power of AI. I write it. I create AI. You should see what we can do with this stuff. So what -- if we're enabling and putting prolific towers, power that read your electric meter, I can tell you when your oven -- when you just turned your oven on. I can tell when you're home. I can tell when you're not home. This is information that goes overseas, over to whomever. It's not good. It's an invasion of your privacy. That's how, politically, it's handled. So if we are talking about making it easier for SRP to put up more antennas and put them on existing structures, which is what I thought this was, I want to bring that up because I don't think that's right. So if I have that wrong, and all we're doing is just putting a cactus over an antenna that they're putting up, I don't have anything to say, that then I've misunderstood. So that's why I was asking. So if you want to answer. WELDY: (Indiscernible). Madam Mayor, Councilmembers, a little bit of clarification. What you are looking at tonight is to modify existing radio signals. Let me be clear. The few five or six that are going up right now, their only purpose is to allow SRP to communicate with that switch remotely. Think of it as your electricity being in a big square. If you have a fault in this corner of the square, the lights go out for several homes. This antenna will allow SRP to make a switch and then reroute it so all of the applicable homes or the majority of them can be fed. They do not collect any data whatsoever. They simply allow SRP to electronically switch one phase to the other. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 92 of 97 A little bit of additional information in regards to the smart routers, for which these are not. Those smart routers have been here in large saguaros for about the last 15 years and, for the majority of them, unnoticed. And so those are different. They actually do collect the information related to the electrical meters. Two different items here. TROLLER: I got no issue. Thank you. I needed the clarification. I didn't know. Thank you. MAYOR DICKEY: Aaron? ARNSON: Yeah. Mayor, I don't want to interrupt the apparent lovefest that's now going on here, but I do have a couple of things from the last item that are relevant to the discussion of this one, so I want to put those on the record. With regard to Council approval, either of this item or the last item, a couple of points were made by residents about you all being individually liable for your votes tonight. That is not true. You are absolutely legislatively immune for actions that you take in your legislative capacity. That's pursuant to state law and federal law. So I want to make sure that you all know that. No action that you take up here on the dais in your legislative capacity is going to expose you to it. Anyone can sue anyone for anything. How many times have I said that sitting up here? But that doesn't mean that you can be personally held liable, now or in the future. I want to make sure that's known. The second point that I wanted to make sure that I raised was the way that all these items ended up coming to be has, unfortunately, really been misconstrued. I think you all actually do know that. You were in the room from day one when we hired our first consultant. Every single councilmember up here put his or her stamp of approval on that. And then same with putting stamp of approval or disapproval on firing that first consultant, and then the stamp of approval or disapproval on retaining the second consultant. Those were all actions that were taken at the direction of the Town Council. The manager signs stuff sometimes. Sometimes department directors sign stuff. Sometimes, I sign stuff when we retain legal services. It's my job to retain legal services at the direction of you guys. That's what I did. Pretty tired of hearing my name dragged through the mud. It's unnecessary and it's wrong because I act at the direction of the TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 93 of 97 Council. The last component of this that's important to recognize is we also -- we're acting at direction of Council, me, John, Rachael, staff generally, in directing what was released and what wasn't released. That ordinance, it's privileged. We had a public vote on it. We talked about any session. I gave you advice and said, do what you want. If you release it, that's great. You all chose not to by a majority vote. So please, can we just have the record be clear that this isn't the town attorney acting independently. I'm not rogue. I'm not doing something on my own volition. I don't really care about Jonathan Kramer. I don't really care about Andrew Campanelli. Don't know them. Never met them a day in my life other than working here. So I just want to make you -- make you -- let you all know that that's where I'm at. Hope the public recognizes that, too, or can, at some point, recognize that. FRIEDEL: Do we need a motion? MAYOR DICKEY: Oh, okay. I'm sorry? FRIEDEL: Do we need a motion? MAYOR DICKEY: I think we had one. Did we have a motion and a second already? Yes, because Allen made the motion, I think. So could we get a roll call, please? PADGETT-ESPIRITU: Councilmember McMahon? MCMAHON: Aye. PADGETT-ESPIRITU: Councilmember Toth? TOTH: Aye. PADGETT-ESPIRITU: Councilmember Friedel? FRIEDEL: Aye. PADGETT-ESPIRITU: Councilmember Skillicorn? SKILLICORN: Yes. PADGETT-ESPIRITU: Councilmember Grzybowski? GRZYBOWSKI: Aye. PADGETT-ESPIRITU: Vice Mayor Kalivianakis? KALIVIANAKIS: Aye. TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 94 of 97 PADGETT-ESPIRITU: Mayor Dickey? MAYOR DICKEY: Aye. PADGETT-ESPIRITU: Passes unanimous. MAYOR DICKEY: Thank you, Angela. PADGETT-ESPIRITU: Sure. MAYOR DICKEY: Council, discussion, direction? You mentioned having that meeting with -- I don't know if DWR, but at least with the Sanitary District probably, right, and the folks involved there? Was there anything else that came up, then? Future agenda items? Councilman Skillicorn? SKILLICORN: Thank you, Madam Mayor. I don't know if we need a second or not, but I would like to entertain a future agenda item to appoint the successor to some very big shoes that we may not necessarily be able to fill, but the seat we could fill, and we'll see if we could do that possibly next meeting. MAYOR DICKEY: All right. Any other future agenda items? No? Okay. Well, now, we're going to get to our special recognition of our outgoing councilwoman, Sharron. She has been a long-time community volunteer in several areas before you came to the dais. You decided to take that additional step to run for Council, and we were all the better for it. You were reliably prepared. You were always ready with fact-driven references. And we'll miss your energy -- I think you heard that from some people -- your intellect, of course, and your enthusiasm for the Stellar Students -- somebody mentioned that -- your sense of humor, which we can always use for sure, and we appreciate that. Scott, he had his contribution, too, as -- he was commissioner, an active volunteer, doing all that stuff up there on the trails, and Make a Difference Day, both of you with the trucks and getting all the -- everybody getting our tools and getting all our stuff in the truck so you could haul it off. So Scott will also be missed. I'm going to be presenting you with -- we have the pin. I wore it so you could see it. So you can always take it out of the box. And a certificate. But first, I was going to ask if any councilpeople have anything to say, and then we'll wrap it up with our Town TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 95 of 97 Manager, and then I'll bring you -- I'll come to your seat and just bring those things for you, so -- because I know you want to be a little low-key about it. So if any councilpeople, I think -- Councilwoman McMahon? MCMAHON: Sharron, I'm so excited that we got to work together. I've really enjoyed it. For the past four years, you have brought a very interesting and honest perspective to the Council. You -- and the town. You have contributed so much. I don't think you even realize how much you've given this town, and it's moved it forward progressively. You have some great ideas for the Stellar Students, et cetera, and you are always a positive factor in all the discussions, so thank you very much. I really appreciate your thorough research on all the subjects and matters that have come before Council, and I really will miss your insightful, well-thought-out, honest, and blatant comments from remarks before the Council. They made a big difference, and I'm going to miss working with you. And I wish you and Scott the best in your new endeavors, and I hope you enjoy living in California. So thank you so much. MAYOR DICKEY: Councilwoman? TOTH: Well, of course, I want to wish you luck in your next chapter. And despite, you know, maybe not always seeing eye to eye, you've always been kind and professional, and I really appreciate that, so thank you. And I'm sorry to see you go a little early, but I hope that this chapter is everything that you want it to be. MAYOR DICKEY: (Indiscernible). Gerry? FRIEDEL: Thank you for your service to the Town, and good luck in your future endeavors. MAYOR DICKEY: Councilman? SKILLICORN: Thank you, Madam Mayor. I want to -- Sharron, want to thank you very much for your humor and your wit. And who's going to wear Converse All-Stars to meetings? And we're going to -- we're going to miss Scott, too. Who's -- you know, we need someone to blaze those trails. So you will be missed. MAYOR DICKEY: (Indiscernible) Vice Mayor? KALIVIANAKIS: Yeah. Thank you, Ms. Mayor. Sharron, it was -- yeah, it was an absolute TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 96 of 97 honor and pleasure to work with you. I've always admired you. There's been many times that we have disagreed, but there's many times we've agreed on things, and even in our disagreements, they were always respectful. We always had vigorous debates on substantive issues, and we always showed each other respect and dignity, and that's something that is sorely missing in our country. It's having public servants that can go back and forth and debate arguments and still maybe -- like Ronald Reagan and Tip O'Neill and go out for a beer afterwards and just let the day be done. So I've appreciated your logical thought process and what you've done for our town and all the research and everything you've done. I'm sad to see you go, but I'm always very happy to see somebody that's moving on to a next exciting phase of their life. So Godspeed and good luck, and I hope the wind is at your sails. GRZYBOWSKI: Don't even. GOODWIN: I told her I was going to write an essay, but it is rather late. I have the privilege of sitting here and sharing this from the Town Manager's seat, but I've also had a long history with Sharron prior -- long before this. GRZYBOWSKI: Should I walk out now? GOODWIN: No. ARNSON: No. GOODWIN: As a -- as a Make a Difference Day volunteer, as a volunteer at I can't even tell you how many numerous events, 4th of Julys, Wacky Wet Wednesdays, all kinds of good things, and then as well as the commissioner on our CSAC. So I've had the privilege of working with Sharron in a lot of different ways, but tonight, I want to speak on behalf of the staff. I have that honor because I do think I speak for more than just myself. So as you prepare to leave our community, we want to express our deepest gratitude for your years of dedicated service. Your contribution as a councilmember, former commissioner, and active volunteer have left a lasting impact on Fountain Hills. You've been an advocate for the betterment of our community and have taken the time to ensure that the varied voices of our residents were heard. You've been a true champion TOWN OF FOUNTAIN HILLS SEPTEMBER 4, 2024 TOWN COUNCIL MEETING MINUTES Page 97 of 97 for our town, and your commitment and passion will be greatly missed by all who have had the privilege to work alongside you. Thank you for all you've done to make our community stronger. We wish you all the very best in your future endeavors and hope that wherever life takes you, you will carry a piece of Fountain Hills with you. MAYOR DICKEY: Now, you have to (indiscernible). GRZYBOWSKI: I begged the Mayor not to do this. I went to Rachael and tattled, and that didn't even work. So an opportunity presented itself for us to move closer to my husband's client base. Because we're at the end of our lease, like literally in a couple of days, it just made sense to do it now. As you know, you can't be on Council if you don't live in town. I tried to do the call-in thing, but I figured you all might figure it out. I realize the timing isn't ideal. The last four years on Council has been a great learning experience. I've always loved helping people, so transitioning from volunteer to an elected position was just a natural transition for me. Thank you to the residents. Your support over the last four years has been wonderful. I'd like to especially thank the staff. You guys are fantastic to work with. You're good at your job, and I truly appreciate each of you. Remember that you are the professional. You're the one with the experience in your field. Don't let folks like me try to convince you any other -- of anything else. We are all, sitting on this dais, average citizens representing the town's voice. My knowledge level is not more than yours simply because I'm elected to my position. I do still expect really prompt emails if I email you, though, so just saying now. But seriously, thank you, guys, for everything. I have thoroughly enjoyed the last four years, and Rachael, eight, whatever it is. Thank you, guys. I really appreciate it. MAYOR DICKEY: I know. We're going to adjourn. Here's your certificate. (Indiscernible) goodies in there (indiscernible). And I'll adjourn, and then we'll go get a picture (indiscernible). All right. Thank you, everyone. Tough meeting. (Indiscernible). We're adjourned. Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on September 4, 2024, at 9:36 p.m. TOWN OF FOUNTAIN HILLS _______________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: __________________________________ Angela Padgett-Espiritu, 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 4 day of September 2024. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st Day of October 2024. _____________________________ Angela Padgett-Espiritu, Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Community Services Prepared by: Kevin Snipes, Community Services Director Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Approval of Ordinance 24-18 Reinstating Town Code 9-5 Staff Summary (Background) On February 21, 2024, the Town Council approved Ordinance 24-07, which removed Town Code Article 9-5. This article, concerning the rules of the preserve, was erroneously used to dissolve the McDowell Mountain Preservation Commission. Ordinance 24-07 will be repealed and replaced with Ordinance 24-18 to reflect the correct Town Code Article 2A-4 to be deleted to remove McDowell Mountain Preservation Commission. Related Ordinance, Policy or Guiding Principle Town Code 9-5 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) Staff recommends the approval of Ordinance 24-18 reinstating Town Code Article 9-5 and deleting Town Code Article 2A-4A McDowell Mountain Preservation Commission. SUGGESTED MOTION MOVE to approve Ordinance 24-18 Attachments Ordinance 24-18 Exhibit A Town Code 9-5 Exhibit B - Town Code Article 2A-4 Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/10/2024 06:07 PM Town Manager Rachael Goodwin 09/24/2024 09:30 AM Form Started By: Patti Lopuszanski Started On: 09/05/2024 12:25 PM Final Approval Date: 09/24/2024 ORDINANCE NO. 24-18 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DELETING ARTICLE 9-5 IS REPEALED AND REINSTATED AND ARTICLE 2A-4 IS DELETED FROM THE FOUNTAIN HILLS TOWN CODE FOR THE SUNSET OF THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") previously created the McDowell Mountain Preservation Commission (MMPC), pursuant to Resolution No. 2019-45; and WHEREAS, the MMPC was formed to advise the Town Council and Town Manager regarding matters pertaining to the McDowell Mountain Preserve, until such a time the MMPC is consolidated or abolished. WHEREAS, the Town Council desires to reinstate Article 9-5 (Exhibit A) deleted in error under Ordinance 24-07 and delete Article 2A-4 (Exhibit B) of the Fountain Hills Town Code, and sunset the McDowell Mountain Preservation Commission as it has been determined that the MMPC has accomplished the purpose for which it was created; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION l. The Fountain Hills Town Code, Article 2A-4 McDowell Mountain Preservation Commission is hereby sunset. SECTION 2. Based on the determination that the MMPC has accomplished its purpose, the Town Council hereby abolishes the MMPC pursuant to the Sunset Rule. SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, October 1, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _________ _______ Ginny Dickey, Mayor Angela Padgett-Espiritu, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney EXHIBIT A Section 9-5-1 Purpose and Intent The Fountain Hills McDowell Mountain Preserve (“the Preserve”) encompasses a scenic area of mountainous, pristine land within Fountain Hills that will be preserved in its natural state for the benefit of this and future generations. In order for the Town to achieve tandem goals of providing trails and trailhead locations to facilitate public access into the Preserve and to safeguard the Preserve for this and future generations, a thorough set of Preserve, trailhead and trails regulations are needed. These regulations are specifically intended to accomplish the following: A. Maintain the existing undisturbed, desert environment of the Preserve. B. Provide for Preserve use regulations that will maintain wildlife habitat and limit human encroachment to specific areas within the Preserve. C. Provide use regulations for the Adero Canyon Trailhead that will provide public access into the Preserve. D. Provide use regulations for the Golden Eagle Trailhead, including access control into the Preserve through McDowell Mountain Park. E. Provide for the development of a trail system within the Preserve and connectivity to abutting trail systems in the City of Scottsdale and within McDowell Mountain Park. (20-23, Amended, 10/06/2020; 02-01, Added, 01/17/2002) Section 9-5-2 Definitions “Adero Canyon Trailhead” means the developed portions of that trailhead located at the terminus of Eagle Ridge Drive. “Camping” means any effort to erect a tent or shelter, sleeping, use of a sleeping bag, or the parking of a trailer or camper for the purpose of sleeping or remaining overnight. “Emergency Access Route” means that roadway between the Adero Canyon Trailhead and the southwestern corner of the Eagles Nest subdivision that can be used to evacuate people out of the Eagle Ridge North subdivision. “Golden Eagle Trailhead” means the developed portions of that trailhead located at the public terminus of Golden Eagle Drive. EXHIBIT A The “Preserve” shall mean those lands identified by Resolutions 2002-01 and 2018 -56 as the Fountain Hills McDowell Mountain Preserve. “Special preserve permit” means a noncommercial permit issued by the Parks and Recreation Department required for group functions in and around the Adero Canyon Trailhead. “Spider trail” means an unauthorized trail or pathway within the Preserve. “Trail” means an authorized pathway within the Preserve. “Violation” means any act that violates any of the rules or regulations contained within this article, punishable as specified in Section 9-5-7. Section 9-5-3 General Preserve Regulations The following are prohibited within the Preserve: A. Accessing the Preserve by leaving a trail or trailhead. All Preserve visitors shall stay on authorized trails and within trailheads, unless approved by the Director of Community Development. B. Accessing the Preserve outside of the posted hours of operation, unless approved by the Director of Community Development. C. Alcoholic beverages. D. Camping. E. Carrying or using any type of glass or ceramic container. F. Creating, developing or using any type of spider trail. G. Destroying any barriers, signs, or other Town property. H. Destroying, damaging or removing any vegetative or mineral resource, including but not limited to any tree, shrub, wildflower, cactus or rock outcropping, unless specifically authorized by the Town with an encroachment permit granted by the Town Council. I. Dogs are prohibited unless on a 6-foot maximum leash at all times, and must remain on trails. J. Horses. EXHIBIT A K. Hunting, trapping or otherwise harming or harassing any wildlife, except as authorized by State law. L. Littering or depositing garbage, trash, refuse or other obnoxious material anywhere other than in specific Town-provided containers provided for that purpose. M. Setting or igniting any type of fire. N. Smoking. O. Throwing rocks or other objects into washes, including but not limited to up or down hillsides and on or off trails. P. Using any motorized or electric mode of transportation, except for authorized maintenance vehicles and as necessary. Q. Using or discharging any firearm, slingshot or other weapon, except as authorized by State law. R. Geocaching, except within three feet of an established Town trail. (22-05, Amended, 06/07/2022; 20-23, Amended, 10/06/2020; 20-04, Amended, 03/03/2020; 19-13, Amended, 08/13/2019; 18-13, Amended, 11/06/2018; 02-01, Added, 01/17/2002) Section 9-5-4 Adero Canyon Trailhead Regulations In addition to the prohibitions in Section 9-5-3, the following are prohibited within the Adero Canyon Trailhead: A. Accessing or utilizing the Adero Canyon Trailhead outside of the posted hours of operation. B. Alcoholic beverages, unless as approved by Special Preserve Permit. C. Groups of 20 or more people without a Special Preserve Permit, to ensure adequate available parking. D. Horses or horse trailers. E. Parking vehicles outside of designated parking spaces. F. Parking vehicles in the school bus parking spaces, except on weekends. School buses may utilize these parking spaces with prior Town approval. EXHIBIT A G. Use of a covered ramada that has been reserved by others, through a Special Preserve Permit. H. Vehicles longer than 19 feet. (20-23, Amended, 10/06/2020; 02-01, Added, 01/17/2002) Section 9-5-5 Golden Eagle Trailhead Regulations The Golden Eagle Trailhead is a public parking area to provide a primary point for access into the southwestern portion of McDowell Mountain Park from the Town of Fountain Hills. It may also be possible to access the Preserve, through McDowell Mountain Park, from the Golden Eagle Trailhead. All users of the Golden Eagle Trailhead will be directed along public access easements through a private subdivision to gain access to McDowell Mountain Park. All users of McDowell Mountain Park shall abide by those rules and regulations established by Maricopa County for McDowell Mountain Park. In addition to the prohibitions in Section 9-5-3, the following are prohibited within the Golden Eagle Trailhead: A. Accessing or utilizing the Golden Eagle Trailhead outside of the posted hours of operation. B. Horses or horse trailers. C. Vehicles longer than nineteen (19) feet. (19-13, Amended, 08/13/2019; 01-23, Added, 01/17/2002) Section 9-5-6 Trailhead and Trail Development The McDowell Mountain Preserve Commission will be responsible for the design of any trailhead and the development of any trails within the Preserve. Section 9-5-7 Penalties The rules and regulations contained in Article 9-5 will be considered civil offenses and/or Class 1 misdemeanors as specified under subsections (A) through (C) of this section. A. Violations of the rules and regulations contained in Sections 9-5-3(A), (B), (C), (E), (F), (I), (J), (L), (N) and (O) and Sections 9-5-4 and 9-5-5 shall be considered a civil offense if the offender has not been convicted of the same infraction within the last twelve (12) months. EXHIBIT A B. More than two violation(s) of the same Sections 9-5-3(A), (B), (C), (E), (F), (I), (J), (L), (N) and (O) and Sections 9-5-4 and 9-5-5 within a twelve (12) month period may be considered a Class 1 misdemeanor and will be punishable as such under Section 1-8-2 and state law. C. Violations of the rules and regulations contained in Sections 9-5-3(D), (G), (H), (K), (M), (P), and (Q) shall be considered a Class 1 misdemeanor and will be punishable as such under Section 1-8-2 and state law. (2021-29, Amended, 09/21/2021; 21-14, Amended, 09/21/2021; 02-01, Added, 01/17/2002) Section 9-5 -8 Severability Should any section of this Article be determined to be void, unlawful, or of no effect, the remaining sections shall continue to be fully applicable and shall be deemed to be in full force and effect. 2A-4-1 2A-4-2 2A-4-3 2A-4-4 Article 2A-4 McDowell Mountain Preservation Commission Sections: Creation Membership Quorum Duties Section 2A-4-1 Creation The McDowell Mountain Preservation Commission is hereby established. (19-15, Added, 09/03/2019) Section 2A-4-2 Membership The McDowell Mountain Preservation Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. (19-15, Added, 09/03/2019) Section 2A-4-3 Quorum Four members shall constitute a quorum of the McDowell Mountain Preservation Commission. (19-15, Added, 09/ 03/2019) Section 2A-4-4 Duties The Commission shall have the following duties: A.Act in advisory capacity to the Town Council, Town Manager and Community Services Director in all matters pertaining to the McDowell Mountain Preserve. B.Act as liaison between the Town Council and the Sonoran Conservancy. C.Consider provisions of the Town’s annual budget for Commission purposes during the process of the preparation of the budget and make recommendations with respect thereto to the Community Services Director. Art. 2A-4 McDowell Mountain Preservation Commission | Fountain Hills Town Code Page 1 of 2 The Fountain Hills Town Code is current through Ordinance 24-14, passed August 20, 2024. EXHIBIT B The Fountain Hills Town Code is current through Ordinance 24-14, passed August 20, 2024. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Town Website: www.fh.az.gov Hosted by General Code. D. Assist in the planning of programs for the citizens of the Town and promote and stimulate public interest in the McDowell Mountain Preserve. E. Advise the Community Services Director with respect to the acceptance of money, personal property or real estate donated or offered to the Town for McDowell Mountain preservation purposes. F. Perform such other duties not inconsistent with these as may be requested by the Town Council. (19-15, Added, 09/03/2019) Art. 2A-4 McDowell Mountain Preservation Commission | Fountain Hills Town Code Page 2 of 2 The Fountain Hills Town Code is current through Ordinance 24-14, passed August 20, 2024. ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 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: Professional Services Agreement 2025-030 with Top Leaf Tree Services, LLC for wash and dam maintenance. Staff Summary (Background) The washes owned by the Town are invaluable natural resources that significantly contribute to the quality of life for residents. These washes support natural groundwater recharge, provide wildlife habitat, and offer essential open spaces. They are an integral part of the Town’s unique Sonoran Desert heritage and a legacy to its citizens. Resolution No. 2001-33, adopted by the Mayor and Council in June 2001, established a policy for the maintenance and management of Town-owned washes and dams. This policy takes a holistic approach, incorporating vegetation management, channelization, fire mitigation, flood control, and hazard reduction measures. Additionally, in 2003, the Town secured a permit from the Environmental Protection Agency (EPA) requiring the implementation of Best Management Practices (BMPs). These BMPs include sediment drop basins, retention basin maintenance, storm drain maintenance, and public education efforts. The wash management program in Fountain Hills has been effective due to the focus on maintaining the natural appearance and preservation of elements within the washes. Regular wash maintenance is crucial for several reasons including water drainage and flash flood management, habitat and ecosystem preservation, erosion control, and infrastructure protection. One of the highest priorities for wash maintenance includes wildfire prevention. Washes often contain vegetation that, if overgrown and dry, can become fuel for wildfires. Regular maintenance, such as clearing brush and debris, helps reduce this fuel load, thereby lowering the risk of wildfires starting or spreading. Well-maintained washes also help channel the spread and intensity of fires, facilitating more effective containment by firefighters. The Town issued Invitation for Bids (IFB) No. 2024-008 on August 14, 2024, through the Town website, the Fountain Hills Times, and the Arizona Business Gazette. Five contractors submitted sealed bids. The bid schedule was structured to reflect daily fees and is included as an attachment to this report. The results were as follows: Artistic Land Management - $4,441.001. FPS Civil - $11,923.192. Verde Valley Landscaping - $7,170.003. Top Leaf Tree Services - $3,925.004. After a thorough evaluation process, considering competitive pricing, proven experience in similar projects, and a commitment to quality service, the review committee recommends awarding the bid to Top Leaf Tree Services, LLC, for an amount not to exceed $210,000 annually. Related Ordinance, Policy or Guiding Principle Resolution No. 2001-33 Risk Analysis Not approving the contract will further delay critical maintenance of washes. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Approval of Professional Services Agreement 2025-030 with Top Leaf Tree Services, LLC SUGGESTED MOTION MOVE to Approve Professional Services Agreement 2025-030 with Top Leaf Tree Services, LLC in the amount of $210,000 Fiscal Impact Fiscal Impact:$210,000 Budget Reference:N/A Funding Source:ENVAD If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments PROFESSIONAL SERVICES AGREEMENT IFB Bid list Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 09/12/2024 04:28 PM Town Attorney Aaron D. Arnson 09/13/2024 05:29 AM Town Manager Rachael Goodwin 09/24/2024 09:28 AM Form Started By: Justin Weldy Started On: 08/21/2024 07:21 AM Final Approval Date: 09/24/2024 Contract No. 2025-030 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TOP LEAF TREE SERVICE LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Top Leaf Tree Service LLC, an Arizona limited liability company (the “Vendor”). RECITALS A. The Town issued Invitation for Bids (IFB) No. 2024-008 (the “IFB”), a copy of which is on file with the Town and incorporated herein by reference, seeking bids for dam, drainage parcel, and wash maintenance (the “Services”). B. The Vendor responded to the IFB by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and attested to by the Town Clerk pursuant to Section 3-3-31 of the Town Code, and shall remain in full force and effect until October 15, 2025 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. After the expiration of the Initial Term, this Agreement may be renewed for up four successive one-year terms (the “Renewal Term”) if (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal, (ii) at least 30 days prior to the end of the then-current term of this Agreement, the Vendor requests, in writing, to extend this Agreement for an additional one-year term and (iii) the Town approves the additional one-year term in writing (including any price adjustments approved as part of this Agreement), as evidenced by the Town Manager’s signature thereon, which approval may be withheld by the Town for any reason. The Vendor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Vendor, elect to waive this requirement and renew this Agreement. The Initial Term and the Renewal Term are collectively referred to herein as the “Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect. 2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Vendor shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit B and incorporated herein by reference. By signing this Agreement, Vendor acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Vendor an amount not to exceed $210,000 at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. All invoices and statements shall be emailed to accountspayable@fountainhillsaz.gov. This Agreement must be referenced on all invoices. Town Finance will not disburse any payments to Vendors without a valid business license, as applicable. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured; the Town’s insurance shall be non-contributory. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A.Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B.Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: With copy to: If to Vendor: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Rachael Goodwin, Town Manager Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney Top Leaf Tree Service, LLC 1905 S. Old Greenfield Rd. Mesa, Arizona 85206 Attn: Jason Klug or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 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. 13.20 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the IFB, the documents shall govern in the order listed herein. 13.21 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. 13.22 Cooperative Purchasing. Specific eligible political subdivisions and nonprofit educational or public health institutions (“Eligible Procurement Unit(s)”) are permitted to utilize procurement agreements developed by the Town, at their discretion and with the agreement of the awarded Consultant. Consultant may, at its sole discretion, accept orders from Eligible Procurement Unit(s) for the purchase of the Materials and/or Services at the prices and under the terms and conditions of this Agreement, in such quantities and configurations as may be agreed upon between the parties. All cooperative procurements under this Agreement shall be transacted solely between the requesting Eligible Procurement Unit and Consultant. Payment for such purchases will be the sole responsibility of the Eligible Procurement Unit. The exercise of any rights, responsibilities or remedies by the Eligible Procurement Unit shall be the exclusive obligation of such unit. The Town assumes no responsibility for payment, performance or any liability or obligation associated with any cooperative procurement under this Agreement. The Town shall not be responsible for any disputes arising out of transactions made by others. [SIGNATURES ON FOLLOWING PAGES] EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND TOP LEAF TREE SERVICE, LLC [Vendor’s Bid] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Administrator 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance RESPONSE DEADLINE: September 5, 2024 at 5:00 pm Report Generated: Friday, September 6, 2024 Top Leaf Tree Service Response CONTACT INFORMATION Company: Top Leaf Tree Service Email: jason@topleafaz.com Contact: Jason Klug Address: 1905 S Old Greenfield Rd Mesa, AZ 85206 Phone: (480) 662-3593 Website: https://www.topleafaz.com/ Submission Date: Sep 5, 2024 12:59 PM (Mountain Time - Arizona) [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Sep 5, 2024 5:31 AM by Jason Klug QUESTIONNAIRE 1. Licenses CONTRACTOR'S LICENSE* Please upload your current AZ Contractor's License here Top_Leaf_ROC_explanation.docx ARIZONA TRANSACTION PRIVILEGE TAX LICENSE* Please upload your Arizona Transaction Privilege Tax License here Top_Leaf_TPC_explanation.docx 2. DBE/WBE STATUS DBE/WBE STATUS* Has your firm been certified by any jurisdiction in Arizona as a minority or woman owned business enterprise? No DBE/WBE STATUS - YES If you answered yes please provide details and documentation of the certification here No response submitted [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 3 3. References Provide the following information for three clients for whom Bidder has successfully completed similar projects as stated in Bid Process and Award subsection Bidder Qualifications within the past 60 months. Failure to provide three accurate and suitable references will result in disqualification. Bidder may also attach another sheet with additional references. REFERENCE # 1* Please provide the following information for your 1st reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description Town of Fountain Hills 17137 E Falcon Dr Fountain Hills AZ 85268-4611 Jeff Pierce 480-749-5258 [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 4 Date of Contract Initiation: July 1, 2022 Date of Contract Expiration: Ongoing Final Project Cost: $100,000.00 each fiscal year Project Description: Tree removal, pruning, insect and disease treatments, and immediate on-call emergency services for the streets department. REFERENCE # 2* Please provide the following information for your 2nd reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description Willmeng Construction 1702 E. Highland Ave Phoenix, Arizona 85016 Preston Vandegriff Field Engineer Site Operations [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 5 O: 480-968-4755 M: 208-869-2335 E: pvandegriff@willmeng.com Date of Contract Initiation: November 2023 Date of Contract Expiration: Ongoing Final Project Cost: TBD Project Description: Kyrene School district - Tree removal, pruning, insect and disease treatments, and immediate, on-call emergency services for the Kyrene School district REFERENCE # 3* Please provide the following information for your 3rd reference: • Company • Address • City/State/Zip Code • Contact • Telephone Number • Date of Contract Initiation • Date of Contract Expiration • Final Project Cost • Project Description AMCOR Property Professionals, Inc. 16441 N 91st Street, Suite 104 Scottsdale, AZ 85260 Tom Anglin Asset Manager (480) 948-5860 ext 104 tom@amcorprop.com Date of Contract Initiation: January 2018 Date of Contract Expiration: Ongoing Final Project Cost: [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 6 Ongoing Project Description: Tree removal, pruning, insect and disease treatments, and immediate on-call emergency services for multiple properties. 4. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* The submission of the Proposal did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Inquiries. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 7 It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed 5. List of Key Personnel, Subcontractor and/or Suppliers working on the project A list of the names and emergency telephone numbers of all proposed Key Personnel, Subcontractors and suppliers that the Contractor intends to utilize on the Project LIST OF SUBCONTRACTORS* The contractor must list below the Trade, Company name, License and Classification numbers of all qualified subcontractors and/or suppliers they will employ for the various portions of work indicated. Failure on the part of the Contractor to complete this list properly may constitute sufficient grounds to reject the bid. If no subcontractors will be listed please indicate with a N/A Example: Trade, Company Name, ROC License #, ROC License Classification N/A [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 8 LIST OF KEY PERSONNAL* A list of the names and emergency telephone numbers of all proposed Key Personnel Example: Name, Position Held, Emergency Telephone Number Jason Klug Project Manager 480-662-3593 Jason@topleafaz.com Leo Coronado Crew Manager 480-793-0442 Leo@topleafaz.com Todd Hansen Owner 480-510-9737 Todd@topleafaz.com LIST OF SUPPLIERS* A list of the names and emergency telephone numbers of all proposed suppliers Example: Name, Company, Emergency Telephone Number If none please indicate with a N/A N/A W-9* W9_2024_(1).pdf [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 9 PRICE TABLES PRICING Line Item Description Quantity Unit of Measure Unit Cost Total 8 HR Daily Rate 1. Foreman/Supervisor 1 HR $50.00 $50.00 2. Transportation and THREE (3) Laborers 1 HR $135.00 $135.00 3. Each additional labor if needed (Max. 3) 8 HR $45.00 $360.00 4. Skid steer 8 HR $75.00 $600.00 5. Small grading Tractor 8 HR $75.00 $600.00 6. Small Excavator 8 HR $75.00 $600.00 7. Chipper 8 HR $60.00 $480.00 8. Dump Truck 8 HR $40.00 $320.00 9. Sediment disposal fees (Trucking, tipping fee and 5% admin fee) 1 LS $250.00 $250.00 10. Traffic control (daily with 5% admin) 1 LS $150.00 $150.00 11. Stump removal 1 EA $100.00 $100.00 12. Stump Treatment 1 LS $30.00 $30.00 13. Apply herbicide to specified vegetation. 1 PER 50 GAL $250.00 $250.00 TOTAL $3,925.00 [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT IFB No. IFB-2024-008 Dam, Drainage Parcel and Wash Maintenance [TOP LEAF TREE SERVICE] RESPONSE DOCUMENT REPORT Invitation for Bids - Dam, Drainage Parcel and Wash Maintenance Page 10 www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Jason Klug Project Manager Top Leaf Tree Service 1905 S Old Greenfield Rd Mesa, AZ 85206 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Email: rdurham@fountainhillsaz.gov Phone: (480) 816-5128 Dear Mr. Durham, Top Leaf tree service delivers a wide range of tree work including tree removal, pruning, insect and disease treatments, and immediate, on-call emergency services. Our ISA Certified Arborists and ISA Certified tree workers use state-of-the-art equipment to maintain your trees and safely remove overgrown or diseased trees. We adhere to all ANSI A300 standards to ensure that our professional tree pruning services will improve the health and appearance of your trees. Currently, the Arizona Registrar of Contractors does not require or have a classification for tree companies performing the scope of work designated above. Please call me on my cell if you have any questions or need additional documentation. Jason Klug ISA Certified Arborist (WE-12163A) ISA TRAQ Certified (M5HVZZKB) jason@topleafaz.com office: 480-833-6465 cell: 480-662-3593 www.TopLeafAZ.com | 480-833-6465 | office@topleafaz.com Jason Klug Project Manager Top Leaf Tree Service 1905 S Old Greenfield Rd Mesa, AZ 85206 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Email: rdurham@fountainhillsaz.gov Phone: (480) 816-5128 Dear Mr. Durham, Top Leaf Tree Service currently does not hold an Arizona Transaction Privilege Tax (TPT) license because we generally do not engage in resale activities. When purchasing products for resale, we pay sales tax at the time of purchase. However, if an Arizona TPT license is required, we are more than willing to obtain one. Please call me on my cell if you have any questions or need additional documentation. Jason Klug ISA Certified Arborist (WE-12163A) ISA TRAQ Certified (M5HVZZKB) jason@topleafaz.com office: 480-833-6465 cell: 480-662-3593 Pricing Artistic Land Management, Inc FPS Civil, LLC Lalla Salma LLC dba Verde Valley Landscaping Top Leaf Tree Service Line Item Description Quantity Unit of Measure Unit Cost Total Unit Cost Total Unit Cost Total Unit Cost Total 1 Foreman/Supervisor 1 HR $45.00 $45.00 $151.14 $151.14 $90.00 $90.00 $50.00 $50.00 2 Transportation and THREE (3) Laborers 1 HR $121.00 $121.00 $385.9013 $385.9013 $200.00 $200.00 $135.00 $135.00 3 Each additional labor if needed (Max. 3)8 HR $40.00 $320.00 $67.5338 $540.2704 $200.00 $1,600.00 $45.00 $360.00 4 Skid steer 8 HR $87.50 $700.00 $185.72 $1,485.76 $100.00 $800.00 $135.00 $600.00 5 Small grading Tractor 8 HR $87.50 $700.00 $208.565 $1,668.52 $95.00 $760.00 $75.00 $600.00 6 Small Excavator 8 HR $68.75 $550.00 $236.14 $1,889.12 $100.00 $800.00 $75.00 $600.00 7 Chipper 8 HR $56.25 $450.00 $84.2763 $674.2104 $200.00 $1,600.00 $60.00 $480.00 8 Dump Truck 8 HR $56.25 $450.00 $198.1563 $1,585.2504 $40.00 $320.00 $40.00 $320.00 9 Sediment disposal fees (Trucking, tipping fee and 5% admin fee)1 LS $195.00 $195.00 $258.83 $258.83 $175.00 $175.00 $250.00 $250.00 10 Traffic control (daily with 5% admin)1 LS $350.00 $350.00 $500.00 $500.00 $275.00 $275.00 $150.00 $150.00 11 Stump removal 1 EA $285.00 $285.00 $117.99 $117.99 $250.00 $250.00 $100.00 $100.00 12 Stump Treatment 1 LS $75.00 $75.00 $64.10 $64.10 $100.00 $100.00 $30.00 $30.00 13 Apply herbicide to specified vegetation.1 PER 50 GAL $200.00 $200.00 $2,602.10 $2,602.10 $200.00 $200.00 $250.00 $250.00 Total $4,441.00 $11,923.1925 $7,170.00 $3,925.00 ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Fire Department Prepared by: Dave Ott, Fire Chief Staff Contact Information: Dave Ott, Fire Chief Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-037 for an Intergovernmental Agreement with the Town of Gilbert for use of the Gilbert Fire and Medical Department's (GFMD) training facility and associated programs. Staff Summary (Background) The Intergovernmental Agreement (IGA) is necessary to participate in regional fire and EMS training that is provided at the Gilbert Fire and Medical Department (GFMD) training facility. This may include, but is not limited to, live fire trainings, hazardous materials and technical rescue trainings, regional fire academies, and medic schools. Costs, if any, may depend on the program offered and the materials needed. Any associated fees will be budgeted according to adopted policy and procedures. Related Ordinance, Policy or Guiding Principle Regional, consistent fire and EMS training is necessary and precipitates the need for this IGA. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2024-037 and the IGA with the Town of Gilbert for the use of the GFMD training facility and training offered. SUGGESTED MOTION MOVE to Adopt Resolution 2024-037 and Approving the IGA with the Town of Gilbert for the use of the GFMD training facility. Attachments Gibert IGA Gibert IGA Form Review Inbox Reviewed By Date Fire Chief (Originator)Dave Ott 09/12/2024 02:56 PM Town Attorney Aaron D. Arnson 09/13/2024 05:28 AM Town Manager Rachael Goodwin 09/24/2024 09:15 AM Form Started By: Dave Ott Started On: 09/12/2024 02:38 PM Final Approval Date: 09/24/2024 Last revised: April 21, 2023 1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF GILBERT AND THE TOWN OF FOUNTAIN HILLS FOR FIRE SERVICE TRAINING Gilbert Contract No. Fountain Hills Contract No. This Intergovernmental Agreement (“Agreement”) is entered into this _____ day of , 2024, by and between the Town of Gilbert, for and on behalf of the Gilbert Fire and Rescue Department (“the Town”), and the Town of Fountain Hills, for and on behalf of the Fountain Hills Fire Department (“the Agency”). Throughout this Agreement, the Town and the Agency individually may be referred to as “Party” and may be referred to collectively as “Parties” to this Agreement. RECITALS WHEREAS, the Parties are authorized pursuant to Arizona Revised Statutes (“A.R.S.”) § 11-951, et. seq., and the respective provisions of their Town/City charters, if any, and related code and ordinances to enter into intergovernmental agreements to carry out public agency services; and WHEREAS, agreements for fire service training and intergovernmental cooperation in public safety areas, including operations and management of fire and police, or the public safety- related agencies have existed between municipalities and governmental jurisdictions; and WHEREAS, it is the desire of the municipalities, governmental jurisdictions, agencies, and fire districts participating in this Agreement to work together for mutual benefit of the public, Agency’s community and all of the Agency’s personnel; and WHEREAS, the Agency desires to participate in Gilbert Fire and Rescue Department Fire Service Training in order to more effectively provide emergency fire, medical, and other services; and WHEREAS, the Town desires the participation of Agency to more effectively provide emergency fire, medical, and other services; and NOW THEREFORE, in consideration of the mutual promises, inducements, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency which is acknowledged, the Parties agree as follows: Last revised: April 21, 2023 2 AGREEMENT ARTICLE I. PURPOSE The Parties desire to enter into this Agreement for the purpose of enabling them to conduct and participate in fire service training hosted by Town. Fire service training includes, but is not limited to: Aircraft Rescue Firefighter (ARFF) Certification Training, Firefighter Recruit Training, Fire Inspector Training, Hazardous Material Technical (HZM) Certification Training, EMT/Paramedic Recertification Training (CORE), and Technical Rescue Technician (TRT) Certification Training, and follow-on required continuing education and training. ARTICLE II. STATEMENT OF SERVICES 1.Fire Service Training: Town will provide fire service training and follow-on continuing education as outlined in Exhibit A, Fire Service Training Menu. 2.Availability of Training: Nothing in this Agreement creates an obligation or otherwise requires Town to host training or to provide an opportunity in any particular training class to Agency. 3.Training Records: Town will provide original training records for the Agency’s personnel upon the completion of any training being provided, or upon termination of the Agency personnel’s attendance in the training program. Town will maintain records of lesson plans, class rosters, and other documentation common to the class when the law, fire service standards, or best practices require or make reasonable and prudent the preservation of such information. 4.Equipment and Assistance with Training: 4.1 Town shall specify the equipment and materials ("Required Equipment") that Agency must provide to its employees, or that Agency employees must have to participate in any training program. Agency’s employees must have the required equipment as a condition of participation in the training program. 4.2 Upon reasonable request, the Agency will provide the Town with instructors for assistance. When the Agency has facilities or equipment (e.g., a burn building, training props, apparatus, etc.) that can facilitate a specific training being conducted by the Town, the Agency will allow the Town to use such facilities, subject to their availability, when it is determined by both Parties to be in their mutual best interest. Any such contributions by the Agency, to the extent applicable, will be considered in determining the Training Fees. 5.Discipline. Academic Requirements and Skill Performance Standards: 5.1 Town reserves the right, in its sole discretion, to determine whether Agency employees are maintaining the minimum requirements necessary to continue in the training. In the event a student is removed for failure to abide by training or affiliated training location Last revised: April 21, 2023 3 or vendor academic, ethical, or disciplinary standards applicable to all fire service training students, the employing party will remain responsible for full payment of contractual training fees. Removal from training is apart and independent from whether the impacted employee is disciplined or terminated by Agency. 5.2 Employees of both Parties shall be subject to the same standards for purposes of training and academics. In the event an Agency employee is suspected of having engaged in misconduct while in training being conducted by Town, Town shall report the suspected misconduct to Agency as soon as practicable. Agency will be responsible for conducting any appropriate investigation and taking corrective action or discipline. 5.3 Town has the sole responsibility and authority to determine issues relating to: (1) the curriculum and content of instruction for training; (2) the training schedule and hours; (3) decisions about whether Agency’s employees should remain in the training; (4) the implementation and execution of policies and procedures applicable to Town- controlled training and Town-owned training locations; (5) the facility and location of site-specific training; and (6) the assignment and use of any Agency-provided instructors, staff, or equipment, upon reasonable request by Town and in consultation with and concurrence by Agency. 5.4 The Parties understand and agree that Town will determine the curriculum for training programs to meet, in part, to satisfy Town standards, which may include the skill performance standards within the Gilbert Fire and Rescue Department's Training Standards. Agency may request cross-training on Town materials, the presentation of which shall be provided by Agency’s personnel. The Parties further understand and agree that Town will determine the appropriate location necessary to support training programs which, in part, satisfy Town standards. Additional training needs beyond Town standards, which may require additional time and resources, by way of separate agreements will be the sole responsibility of requesting Agency. 5.5 Town will regularly communicate with Agency on issues that may affect the ability of an Agency’s employee to successfully complete the training program, including, but not limited to: academics, physical fitness, discipline, and/or requirements of the Arizona State Fire Marshal and Arizona Department of Health Services. Town will advise Agency, as soon as practical, when it appears that an Agency employee may be subject to being removed from a Town training program. 6.AGENCY RESPONSIBILITIES: Agency agrees to be responsible for ensuring that their employees sent to Town premises or training locations pursuant to this Agreement meet the following minimum requirements to receive the training: 6.1 Agency warrants that all Agency employees participating in training are thoroughly familiar with the type of exercise and physical ability necessary to participate and represents that, to the best of its knowledge, the health and physical condition of all Agency employees participating is excellent and that they are capable of undertaking this training. Last revised: April 21, 2023 4 6.2 Agency warrants that all Agency employees participating in training are thoroughly familiar with the type of training being conducted and that their training and experience is sufficient to undertake this training. 6.3 Agency agrees that prior to receiving Town fire training services training or utilizing a Town facility for training, Agency employees must sign and submit an Assumption of Risk and Release Waiver Town of Gilbert Fire and Rescue Department Training Form, Exhibit B. 6.4 While on Town premises and at any other time or place during which Training Services or other activity pursuant to this Agreement is being conducted, Agency warrants their employees shall comply with all applicable United States Federal, State of Arizona, and local laws, statutes, and ordinances, and with all legal and applicable regulations or orders of any governmental department, board, bureau, or agency, including Town. 6.5 Agency will ensure that Agency’s employees have required protective gear, uniforms, or other required equipment for the Training Services. 6.6 Necessary third-party agreements: Due to the variety of insurance, indemnification, background check requirements, etc., where training requires a separate Agreement to provide clinical rotations, such as in Paramedic Training, the Agency will be solely responsible for making sure their employees are covered under an agreement with the non-Town-owned training site location and the Agency. For Paramedic Training clinical rotations, Town will provide the necessary academic instruction. Additionally, Town will assist and track students with the required record- keeping, which is reviewed weekly, to include patient assessment areas, skills completed, hours worked, student and preceptor evaluations, and documentation of all patient contacts. Town staff available to the students throughout the clinical training includes the Program Director, Clinical Coordinator, Program Coordinator, and any additional EMS staff assigned to the paramedic class. Student identification badges, access to electronic record-keeping, or paper records for the students to track all of the required hours, skills, and assessments to meet CAAHEP, CoAEMSP and AZDHS requirements will be provided by Town. However, the insurance, indemnification, and decisions about agreeing to site-specific background checks and policies will be the responsibility of Agency, as evidenced through separate agreements. ARTICLE III. TERM OF THE AGREEMENT 1.Term: This Agreement shall commence on the Effective Date referenced above and shall continue in force for five (5) years, or until terminated by formal act of the Parties. Agreement shall automatically renew for one additional five (5) year term under the same terms and conditions, including any adopted amendments in effect at the time of renewal. Last revised: April 21, 2023 5 2.Termination and Cancellation: Either Party at their convenience, by written notice, may terminate this Agreement, in whole or in part, by providing thirty days (30) written notice to the other Party. If Agreement is terminated, the Agency will be liable under the provisions of this contract for services and materials rendered and accepted. In addition, the Parties acknowledge that this Agreement is subject to the cancellation by either party pursuant to the provisions of A.R.S. § 38-511. Upon cancellation or termination of this Agreement, each Party will retain ownership of their solely provided property for the purposes of disposing of property on termination. ARTICLE IV. GENERAL TERMS AND CONDITIONS 1.Governing Law; Forum; Venue: This Agreement is executed and delivered in the State of Arizona, and the substantive laws of the State of Arizona (without reference to choice of law principles) will govern its interpretation and enforcement. Any action brought to interpret or enforce any provision of this Agreement that cannot be administratively resolved, or otherwise related to or arising from this Agreement, will be commenced and maintained in the state or federal courts in the State of Arizona, Maricopa County, and each of the Parties, to the extent permitted by law, consents to jurisdiction and venue in such courts for such purposes. 2.Implied Terms: Each and every provision of law and any clause required by law to be in this Agreement shall be read and enforced as though it were included herein, and, if through mistake or otherwise, any such provision is not inserted or is not correctly inserted, then upon the application of either Party, the Agreement shall be amended to make such insertion or correction. 3.Entire Agreement; No Waiver; Amendment: This Agreement is intended by the undersigned Parties as the final expression of their agreement and is intended to be the complete and exclusive statement of the terms of the agreement between the Parties. No course of prior dealings between the Parties and no usage in the trade shall be relevant to supplement or explain any term used in this Agreement. Acceptance or acquiescence in a course of performance rendered under this Agreement shall not be relevant to determine the meaning of this Agreement, even though the accepting or acquiescing Party has knowledge of the nature of the performance and the opportunity to object. Any delay or failure to exercise or enforce any right, power, privilege, or remedy under this Agreement by a Party may not be deemed a waiver, release, or modification of the requirements of this Agreement or any of its terms or provisions by that Party. This Agreement may not be modified or amended except in a writing signed by both Parties. 4.Health Insurance Portability and Accountability Act (HIPAA) of 1996: The Parties certify that each is familiar with the requirements of HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009 and accompanying regulations and will comply with all applicable HIPAA requirements in the performance of this Agreement. The Parties warrant that each will cooperate in the performance of performance of the Agreement so that the Parties will be in compliance with HIPAA. Last revised: April 21, 2023 6 5.Third-Party Beneficiary Clause: The Parties expressly agree that this Agreement is neither intended by any of its provisions to create any third-party beneficiary, nor to authorize anyone not a Party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. 6.Fund Appropriation Contingency: The Parties understand that the continuation of this Agreement is subject to the budget of the Parties providing for the associated expenditures. The Parties cannot assure that the funding for this Agreement will be approved in the future. In such event, either Party may terminate this Agreement. 7.No Joint Venture: No term or provision in this Agreement is intended to create a partnership, joint venture or agency arrangement between any of the Parties. 8.Assignment and Delegation: Neither this Agreement, nor any of its rights or obligations, may be transferred or assigned by either Party without the prior written consent of both Parties. Any attempt to assign this Agreement without prior written consent will be void and may result in penalties up to and including termination of the Agreement. 9.Independent Contractor Status: To the extent required by law, the Parties agree that neither Party shall be deemed to be an employee or agent of the other Party to this Agreement and that the relationship created by this Agreement is that of independent contractors. To the extent applicable by law, neither Agency nor any of Agency’s agents, employees or helpers will be deemed to be the employee, agent, or servant of Town. 10.Workers’ Compensation: To the extent required by law, and pursuant to A.R.S. §23-1022(D), for the purposes of workers’ compensation coverage, all employees of each Party covered by this Agreement shall be deemed to be an employee of all Parties. The agency which regularly employs an employee entitled to workers’ compensation arising out of work associated with this Agreement shall be the agency solely liable for payment of all workers’ compensation and related benefits. 11.Severability: The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract which shall remain in effect without the invalid provision or application. 12.Compliance with Laws: The Parties will comply with all existing and subsequently enacted federal, state and local laws, ordinances, codes, and regulations that are, or become applicable to this Agreement. If Last revised: April 21, 2023 7 a subsequently enacted law imposes substantial additional costs, a request for an amendment may be submitted pursuant to this Agreement. 13.Drug Free Workplace: The Parties will comply with the Drug Free Workplace Act of 1988 and will permit inspection of its personnel records to verify such compliance. A Party’s breach of the above- mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement. 14.Immigration Requirements: To the extent applicable by law, the Parties will comply with the Immigration Reform and Control Act of 1986 (“IRCA”) and will permit inspection of its personnel records to verify such compliance. To the extent applicable under A.R.S. § 41-4401, each Party warrants compliance with all federal immigration laws and regulations that relate to its employees and compliance with the E-verify requirements under A.R.S. § 23-214(A). Each Party has the right to inspect the papers of the other Parties participating in this Agreement to ensure compliance with this paragraph. A Party’s breach of the above-mentioned warranty shall be deemed a material breach of the Agreement and may result in the termination of the Agreement. 15.Legal Worker Requirements: To the extent applicable by law, the Agency is prohibited by A.R.S. § 41-4401 from awarding an agreement to any organization who fails, or whose subcontractors fail, to comply with A.R.S. § 23-214(A). Therefore, the Town shall ensure that: 15.1 To the extent applicable by law, each subcontractor the Town uses warrants their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. § 23-214. 15.2 To the extent applicable by law, a breach of warranty will be deemed a material breach of the Agreement and is subject to termination of the Agreement by Agency. 15.3 To the extent applicable by law, Agency will have the legal right to inspect the papers of Town and any contractor or subcontractor who work(s) on this Agreement to ensure that the contractor or subcontractor is complying with this Section. 16.Confidentiality and Data Security: 16.1 All data, regardless of form, including originals, images and reproductions, prepared by, obtained by, or transmitted to Agency from Town in connection with this Agreement is confidential, proprietary information owned by Town. Except as specifically provided in this Agreement, Agency will not disclose data generated in the performance of the Services to any third person without the prior written consent of Town. 16.2 Personal identifying information, financial account information, or restricted Town information, whether electronic format or hard copy, must be secured and protected at all times to avoid unauthorized access. At a minimum, Agency must encrypt and/or Last revised: April 21, 2023 8 password protect electronic files. This includes data saved to laptop computers, computerized devices or removable storage devices. When personal identifying information, financial account information, or restricted Town information, regardless of its format, is no longer necessary, the information must be redacted or destroyed through appropriate and secure methods that ensure the information cannot be viewed, accessed, or reconstructed. 16.3 In the event that data collected or obtained by the Agency in connection with this Agreement is believed to have been compromised, Agency will notify Town immediately. Agency agrees to reimburse Town for any costs incurred by Town to investigate potential breaches of this data and, where applicable, the cost of notifying individuals who may be impacted by the breach. 16.4 Agency agrees that the requirements of this Section will be incorporated into all subcontractor/sub consultant agreements entered into by Agency. It is further agreed that a violation of this Section will be deemed to cause irreparable harm that justifies injunctive relief in court. A violation of this Section may result in immediate termination of this Agreement without notice. 16.5 The obligations of Agency under this Section will survive the termination of this Agreement. ARTICLE V. PAYMENTS 1.Payment and Fees: Agency will pay the amount identified in the Fire Service Training Menu, Exhibit A, for each Agency employee that attends training. The Parties, by and through their respective Fire Chief, shall execute a separate written agreement for each training listing specific terms that Agency shall pay to Town for training that falls under the terms of this Agreement. Each such agreement shall be signed by both Parties prior to the start of training. If a training is not listed in the Fire Service Training Menu but is to take place at the Gilbert Public Safety Training Facility (“PSTF”), fees pursuant to the PSTF Fee Schedule1 shall be included in the written agreement. If a training is not listed in the Fire Service Training Menu but is to take place at a different Town location, such fees shall be included in the written agreement. In establishing those fees, the Parties may consider the nature and duration of the training, additional expenses associated with participation by Agency, non-monetary contributions by the Agency in facilities, personnel, or equipment, and the experience, value, and goodwill inherent in the Parties training together. The Fire Chief for Town, or their designee, has the discretion to waive—in whole or in part—applicable fees for Agency, if it is determined to be in the best interest of Town or in exchange for in-kind services, goods, or materials. 2.Invoicing: Town will invoice Agency per training class under this Agreement. Agency shall remit all payments to Town within thirty (30) calendar days of the invoice date (the "Due Date"). If 1 Fees are subject to change in accordance with the notice requirements prescribed in A.R.S. § 9-499.15. Last revised: April 21, 2023 9 Agency's payment is not received within five (5) days after the Due Date, Town may exercise its right to terminate this Agreement. ARTICLE VI. INDEMNIFICATION 1.Indemnification and Claims Release: 1.1 The Agency acknowledges that participating in the Training Services is dangerous and includes inherent and hazardous risks, including, but not limited to: the risk of serious injury, illness, death, burns, dismemberment, or permanent disability to Agency or Agency’s employees. 1.2 Indemnification: Each party (as “Indemnitor”) agrees to indemnify, defend, and hold harmless the other party (as “Indemnitee”) from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney’s fees) (“Claims”), but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. Each party must use its best efforts to cause all contractors (each an “Additional Indemnitor”) to indemnify, defend, save and hold harmless the other party from and against any and all Claims caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of the Additional Indemnitor [and persons for whom they are vicariously liable]. Indemnifications Survive. The provisions of this Agreement wherein a Party has explicitly indemnified the other Party shall survive the expiration or earlier termination of this Agreement. ARTICLE VII. NOTICES 1. Any notice, consent, or other communication (“notice”) required or permitted under this Agreement must be in writing and mailed or delivered to the respective Parties as follows: If to Gilbert: Gilbert Fire and Rescue Department Attn: Fire Chief 85 E. Civic Center Drive Gilbert, Arizona 85296 If to Agency: Town of Fountian Hills Fire Department Attn: Fire Chief Fire Station 1—16426 E. Palisades Blvd. Fountain Hills, Az. 85268 Last revised: April 21, 2023 1 Notice will be deemed received at the time it is personally served or ten (10) days after the notice is deposited in the United States mail. Either Party may change its mailing address or the contact information for the person to receive notice by notifying the other Party as provided herein. SIGNATURES ON FOLLOWING PAGE Last revised: April 21, 2023 1 IN WITNESS WHEREOF, this Agreement is executed as provided below. Further, in signing this Agreement, the signatories below affirm and attest that they are authorized to execute this Agreement on behalf of their respective Party. Town of Gilbert Town of Fountain Hills Brigette Peterson, Mayor Ginny Dicky, Mayor ATTEST:ATTEST: Chaveli Herrera, Town Clerk Angela Espiritu, Acting Town Clerk APPROVED AS TO FORM: The undersigned attorney acknowledges that they have reviewed the above agreement on behalf of Gilbert and has determined that this Agreement is in proper form and is within the powers and authority granted to Gilbert under the laws of the State of Arizona. APPROVED AS TO FORM: The undersigned attorney acknowledges that they have reviewed the above agreement on behalf of _____________ and has determined that this Agreement is in proper form and is within the powers and authority granted to ___________ under the laws of the State of Arizona. Chris Payne, Town Attorney Aaron D. Arnson, Town Attorney Last revised: April 21, 2023 1 EXHIBIT A - FIRE SERVICE TRAINING MENU Students who have taken the initial training class from the Gilbert Fire and Rescue Department will receive the corresponding continuing education classes, for that course, at no additional charge. Aircraft Rescue Firefighter (ARFF) Certification Training Course Overview Description Scope Students will study a curriculum required pursuant to the Federal Aviation Administration (FAA) 139.319. Students will learn skills needed to safely perform at Sky Harbor International Airport to include but not limited to: Airport Familiarization, Aircraft Familiarization, Aircraft Rescue Fire Fighter (ARFF) Safety, Emergency Communications, Apparatus, Agents, Aircraft Evacuation, Tactics and Strategy, Adaptive Structure, Cargo – Hazards, Emergency Plan, Airport Movement Area, Drivers Training, Annual Live Burn, Annual Escort Badging. This training will utilize the Incident Management/Unified Command structure and provide structure for working with our Aviation Partners. Course Length 2 Classroom Weeks, 80 Hours – M – F 0800 – 1700 2 additional driver training days – 0800 – 1700 Optional Live Burn Day (1 day per student) – 0800-1700 Last revised: April 21, 2023 1 Testing/Certification Students will be evaluated and tested on their knowledge, skills and abilities throughout the course. Skill and performance evaluations are completed during the Live Burn Exercise and Drivers Training portion of the class. Students must complete a written examination at the end of the 80- hour course with a passing score of 75%. Engineers will be required to complete additional Drivers Training with the Drivers Training Captain at the end of the 80- hour course. Students will be required to complete a Live Burn Exercise at the end of the 80-hour course to become ARFF Certified. Students must attend 100% of the class, Live Burn and Drivers Training to be certified. Last revised: April 21, 2023 1 Cost Base cost - $1,340.00 Base cost with optional live burn - $1,840.00 EMT/Paramedic Recertification Training (CORE) Course Overview Description Overview This is a recertification course designed to meet State requirements for recertification of EMT's and Paramedic's. The EMCT is an individual who has been certified in Arizona as an Emergency Medical Technician and/or a Paramedic. The EMCT is an allied health professional whose primary focus is to provide basic and advanced emergency medical care for critical and emergent patients who access the emergency medical system. These individuals possess the complex knowledge and skills necessary to provide patient care and transportation. The Core program meets and exceeds the requirements set forth for recertification by national, state, local organizations for these individuals to provide the highest level of care to our community. The Core recertification program recertifies individuals through the American Heart Association, in Basic Life Support, Advanced Life Support and Pediatric Life Support. The Core recertification process provides individuals with the latest updates and resources from Gilbert Fire and Rescue Department Emergency Medical Services: Recertifying members in service delivery with a specialized educational approach geared towards meeting the needs of the communities we serve: Assists us with fielding questions, changes and issues from the field in a timelier manner; Aids with dealing any discrepancies or immediate needs/issues that must be addressed as soon as possible; Identify and respond to community needs that demand high level training and customer service. CORE is purposely scheduled to assist members with remaining certified while creating minimal impact on deployment and staffing. Last revised: April 21, 2023 1 Linked Target Capabilities EMS System- Applies fundamental knowledge of the EMS system, safety/well-being of the EMCT, and medical/legal and ethical issues to the provision of emergency care Research- Applies fundamental knowledge of the EMS system, safety/well-being of the EMCT, and medical/legal and ethical issues to the provision of emergency care. Workforce Safety and Wellness-Applies fundamental knowledge of the EMS system, safety/well-being of the EMCT, and medical/legal and ethical issues to the provision of emergency care. Documentation- Applies fundamental knowledge of the EMS system, safety/well-being of the EMT/Paramedic, and medical/legal and ethical issues to the provision of emergency care. Review of the Documentation Tool Guide, Phoenix Fire Department Volume 12, and Phoenix Fire Department Treatment Guidelines. EMS System Communication- Applies fundamental knowledge of the EMS system, safety/well-being of the EMCT, medical/legal and ethical issues to the provision of emergency care. Medical/Legal and Ethics- Applies fundamental knowledge of the EMS system, safety/well-being of the EMCT, medical/legal and ethical issues to the provision of emergency care. Anatomy and Physiology- Applies fundamental knowledge of the anatomy and function of all human systems to the practice of EMS. Medical Terminology- Uses foundational anatomical and medical terms and abbreviations in written and oral communication with colleagues and other health care professionals. Disease profiles and Pathophysiology- Applies fundamental knowledge of the pathophysiology of respiration and perfusion to patient assessment and management. Pharmacology- Applies fundamental knowledge of the medications that the EMCT may assist/administer to a patient during a medical emergency. Last revised: April 21, 2023 1 Airway Management/Respiration- Applies knowledge (fundamental depth, foundational breadth) of anatomy and physiology to patient assessment and management in order to ensure a patent airway, adequate mechanical ventilation, and respiration for patients of all ages. Patient Assessment- Applies scene information and patient assessment findings (scene size-up, primary and secondary assessment, patient history, reassessment) to guide emergency medical management. Medical Emergencies- Applies fundamental knowledge to provide basic and advanced emergency care and transportation based on assessment findings for an acutely ill patient with medical emergencies. Trauma/Shock- Applies fundamental knowledge to provide basic and advanced emergency care and transportation based on assessment findings for an acutely injured patient with traumatic emergencies. OB/GYN- Applies a fundamental knowledge of growth, development, aging and assessment findings to provide basic and advanced emergency care and transportation for a patient with special needs in obstetrics and individuals with pregnancies. Pediatric and Neonatal emergencies- Applies a fundamental knowledge of growth, development, aging and assessment findings to provide basic and advanced emergency care and transportation for a pediatric patient, and patients with special needs. Geriatrics- Applies a fundamental knowledge of growth, development, aging and assessment findings to provide basic and advanced emergency care and transportation for the elderly/geriatric patient, and elderly patients with special needs. Scope The EMCT is an allied health professional whose primary focus is to provide basic and advanced emergency medical care for critical and emergent patients who access the emergency medical system. This individual possesses the complex knowledge and skills necessary to provide patient care and transportation. Last revised: April 21, 2023 1 EMCT function as part of a comprehensive EMS response, under medical oversight. EMCT can perform interventions with the basic and advanced equipment with in their system. The EMCT is a link from the scene into the health care system. Course Length 1 day, 8hrs. Held on Monday's and Friday's 0800-1700. Prerequisites must be completed prior to attending class. Delivery Options Complete: In a Classroom setting utilizing Video content, PowerPoint presentation and multiple skills application. Partial: Utilizing all AHA and CORE video content. Once completed, members will be tested on individual skills at battalion office in a small group setting. Train-the-Trainer: Required Prior: previous teaching experience, Instructor certifications and in good standing with in Gilbert Fire and Rescue Department. Skills Instructor: Follow another instructor for each skill and demonstrate a "Teach Back" at mastery level prior to becoming a skills instructor. Lead Instructor: Follow a lead instructor with classroom instruction and management. Upon following a lead instructor, the member will Lead the Core classroom with another lead, assisting the trainee to mastery. Target Audience Fire Service, Hazardous Materials, Law Enforcement, Emergency Medical Services, Public Works Prerequisites Current AZ DHS EMT certification Current AZ DHS Paramedic certification RN, PA and/or MD/DO Current: x American Heart Association (AHA) — BLS Health Care Provider certification AND (For Paramedic, RN, PA, MD and DO) x American Heart Association (AHA) — Advanced Life Support provider certification x American Heart Association (AHA) — Pediatric Life Support provider certification All AHA video modules completed with certificates. All state required CE's completed for EMT's and Paramedic's EMT- 24 CE hrs. Paramedic — 48 CE hrs. Last revised: April 21, 2023 1 Testing/Certification EMCT members, during the testing process, will demonstrate competence in a wide range of emergency care skills. Members will show competence in the following skills during testing: patient assessment/management of a trauma patient, patient assessment/management of a medical patient, assessment/management of cardiac arrhythmias, cardiac arrest management/AED utilization, basic and advance airway/ventilation management of an apneic patient, long bone fracture immobilization, joint dislocation immobilization, traction splinting, bleeding control/shock management, upper airway adjuncts and suction, bag- valve-mask ventilation with supplemental oxygen, and supplemental oxygen administration to a breathing patient. Members will show competency in Pediatric, Adult and Geriatric patient management. The course will be geared towards a team based setting with advance and basic level practitioners. Members will take written exams covering all course objectives. Exams will be American Heart Association BLS, ACLS and PALS. A passing score of 80% must be obtained. Upon completion of Psychomotor skills and written testing, members must demonstrate that they have completed the required number of CE hours, a OHS application, class and AHA rosters, and AHA evaluation prior to recertification. Evaluation Strategy Practical Skills will be assessed through various skills worksheets for each medical scenario from American Heart Association. Instructor Certification and Qualification 2 years as a EMT or Paramedic Good standing within EMS, Gilbert Fire and Rescue Department AZ OHS Understanding and knowledge of all Standing Guidelines, SOP's NREMT Skills Examiner instructor EDU 250 (from the College) Current: BLS instructor card ACLS instructor card Cost $200 per student Last revised: April 21, 2023 1 Firefighter Recruit Training (14-16 Week Recruit Training Academy) Course Overview Description Overview The Gilbert Fire and Rescue Department Recruit Training Academy is conducted over a minimum of 14-16 weeks with 550 hours of training and meets the requirements of the Regional Automatic Aid IGA. Scope Over the course of the firefighter recruit academy the following skills will be covered: Physical Fitness Peer Support EMS Training Haz Mat / Special Ops Vehicle Safety Fireground Skills o SCBA o Hose Lays o Search & Rescue o Ventilation o Forcible Entry o Hose Management o Ground Ladders Live Fire Training o Intro to Heat o Flashover o Functional Burns o Car Fires Ladder Functions o Extrication o Salvage & Overhaul o Commercial Ventilation Building Construction High Rise Fireground Survival Power & Hand Tools Communications Tactics Utilities Violent Incident Training Extinguishers Cancer Awareness & prevention Safety Professional Standards Firefighter Survival Urban Interface Last revised: April 21, 2023 1 Mental Health / Peer Support Course Length 14-16 weeks (dependent on Town Holidays) 550 Hours - M-F 0700-1600 Prerequisites Arizona State EMT IAFF Certified CPAT CPR Certification: American Heart Association (AHA) - Health Care Provider American Red Cross (ARC) - CPR for the Professional Rescuer National Safety Council (NSC) – Equivalent Qualification Testing/Certification Students will be evaluated and tested on their knowledge, skills and abilities throughout the academy. At the end of the recruit training academy recruits that have not previously obtained Arizona State Firefighter 1 & 2 certification will be required to complete that testing process. The Arizona Center for Fire Service excellence administers the test including practical skills evaluations and a written exam. Upon completion of that exam, recruits will be Firefighter 1 & 2 certified. Upon completion of the recruit academy recruits become Probationary Firefighters and work under the supervision of a Field Training Officer for up to 9 months. Evaluation Strategy Practical Skills will be assessed through skills evaluations via iPad and a training database. Results are shared with recruits. Instructor Certification The Gilbert Fire and Rescue Recruit Training Academy is taught by Regional Fire Captains and subject matter experts in not more than a 4 to 1 student/instructor ratio. It is recommended for instructors to obtain EDU250 from the MCCCD and Fire Instructor 1 certification. Cost $4,500 per recruit A participating City/Town shall supply one (1) Recruit Training Officer for the length of the academy per five (5) recruits. Fire Inspector Training Course Overview Description Scope Over the course of the training program, candidates will learn the skills needed to perform a complete, holistic inspection from start to finish. They will also learn records and code research, how to create comprehensive inspection notices, conducting technical plan Last revised: April 21, 2023 1 review, customer service delivery skills, creating and maintaining inspection data reports and the citation process. Course Length 16 weeks, 640 Hours - M-F 0730-1600 Testing Upon the completion of each chapter, a quiz will be administered. There will also be a mid-term exam and final exam during the didactic portion of the program. Minimum passing score for all quizzes and tests will be 80%. The filed internship will be comprised of Pass/Fail practical skills stations. Cost $1500 per candidate Hazardous Material Technical (HZM) Certification Training Course Overview Description Scope Over the course of the program, students will learn the skills needed to safely perform Hazardous Material Technician level response in accordance with OSHA CFR29 1910.120 and NFPA 472 & 1072. The objectives of the course are to teach participants: to classify, identify, and verify known and unknown material by using field survey instruments and equipment; to select and use the proper chemical protective clothing provided to the hazardous materials Technician; to understand hazard and risk assessment techniques for Hazmat and CBRNE environments; to be able to perform advanced control, containment, and/or confinement operations within the capabilities of the resources and personal protective equipment available; to develop incident action plans within the parameters of the incident command system. Course Length 5 Weeks, 200 Hours - M-F 0800-1700 Prerequisite Hazardous Materials First Responder Operations Testing/Certification Students will be evaluated and tested on their knowledge, skills and abilities throughout the course. Skill and performance evaluations are included in the daily breakdown within the course pertaining to the skills being learned. Students must complete a written examination at the conclusion of the following module with a passing score of 75%: Chemistry Last revised: April 21, 2023 1 At the conclusion of the entire Hazardous Materials Technician program, students must complete a written examination covering all course objectives in accordance with IFSAC accreditation standards. A passing grade of 75%, as well as successful completion of all skill check-offs is required by each student in order to complete the course. Cost $4500 per student Initial Paramedic Training Course Overview Description Scope Throughout the course of the Paramedic training program, the student will learn the knowledge and skills needed to safely and proficiently provide basic and advanced emergency medical care and transportation for critical and emergent patients who access the emergency medical system. Paramedics function as part of a comprehensive EMS response, under medical oversight. Paramedics can perform interventions with the basic and advanced equipment with in their system. The paramedic is a link from the scene into the health care system. Course Length 10 Months, 1282 hours. Class meets Tuesday, Wednesday &Thursday 0900-1800 Testing/Certification Students will demonstrate competence in the following skills during testing: patient assessment/management of a trauma patient, patient assessment/management of a medical patient, assessment/management of cardiac arrhythmias, cardiac arrest management/AED utilization, basic and advance airway/ventilation management of an apneic patient, long bone fracture immobilization, joint dislocation immobilization, traction splinting, bleeding control/shock management, upper airway adjuncts and suction, bag-valve-mask ventilation with supplemental oxygen, and supplemental oxygen administration to a breathing patient. Students will show competency in Pediatric, Adult and Geriatric patient management. Students will take written, computer generated and skills examinations covering all course objectives. A passing score of 80% must be obtained. Upon successful completion of the Gilbert Fire and Rescue Department Paramedic Training Program, students are eligible to take the NREMT Psychomotor test and the NREMT CAT test. Last revised: April 21, 2023 1 Upon successful completion of NREMT examinations, students receive their Arizona and National Paramedic certifications Additional Certifications awarded during paramedic training Certificate of Completion from Phoenix College ACLS certification Cost $5,000 Per Student Technical Rescue Technician (TRT) Certification Training Course Overview Description Scope Over the course of the program, students will learn the skills needed to safely perform rescue operations in the following areas of expertise: Rope Rescue Confined Space Search and Rescue Trench and Excavation Search and Rescue Structural Collapse Swiftwater Rescue Vehicle and Machinery Rescue Helicopter Rescue Operations This training will utilize the Incident Management/Unified Command structure to assess a technical rescue hazard within the response area, identify the level of operational capability, and establish operational criteria. Course Length 5 Weeks, 200 Hours - M-F 0800-1700 Testing/Certification Students will be evaluated and tested on their knowledge, skills and abilities throughout the course. Skill and performance evaluations are included in the daily breakdown within the course pertaining to the skills being learned. Students must complete also a written examination at the conclusion of the following modules with a passing score of 80%: Confined Space Rescue Trench Rescue Structural Collapse In addition, at the conclusion of the entire Technical Rescue Technician program, students must complete a written examination covering all course objectives. A passing grade of 80%, as well as successful completion of all skill check-offs is required by each student in order to complete the course. Cost $4500 per student Last revised: April 21, 2023 1 EXHIBIT B - ASSUMPTION OF RISK AND RELEASE WAIVER ASSUMPTION OF RISK AND RELEASE WAIVER TOWN OF GILBERT FIRE AND RESCUE DEPARTMENT TRAINING THIS IS A RELEASE OF LEGAL RIGHTS – READ AND UNDERSTAND BEFORE SIGNING I, , hereby agree as follows: 1.Risk of Activity. I understand that participation in training exercises (“Activities”) with the Town of Gilbert and its affiliated training vendors (“Town”), at the Town and or affiliated vendor locations (“Site(s)”) involves inherent risk of physical injury and illness associated with and arising out of my presence at the Site and participation in the Activities. I have made my own investigation of these risks and fully accept these risks. I am thoroughly familiar with the type of exercise and physical ability necessary to attempt the Training (as defined in the Agreement). I represent that—to the best of my knowledge—my health and physical condition are excellent and that I am physically capable of participating in the Training. I understand that the Training is dangerous and includes the risk of serious injury, burns, illness, death, or permanent disability. I acknowledge that any injuries that I sustain may be compounded by negligent emergency response or rescue operations of the Town. I am knowingly and voluntarily participating in the Training with an understanding of the risks involved and hereby agree to accept and assume any and all risks of injury, illness, death, or permanent disability I incur, whether caused by the Town, or otherwise. 2.Waiver of Liability. I understand the Town is not responsible for any injury or loss I may suffer while participating in Activities at the Site. I hereby completely and unconditionally release and forever discharge Town, its officials, officers, employees, agents, and all other participants, from all injury, loss, damage, accident, delay, or expense, arising out of any Activities at the Site. 3.Health and Safety. a.I have consulted with a medical doctor with regard to my personal medical needs. There are no health-related reasons or conditions precluding or restricting my participation in Activities at the Site. b.I have arranged, through insurance, or otherwise, to meet any and all needs for payment of medical costs while I participate in Activities at the Site. I acknowledge and understand Town is not obligated to attend to any of my medical or medication needs, and I assume all risk and responsibility therefrom. If I require medical treatment or hospital care during the Activities, Town is not responsible for the cost or quality of such treatment or care. Last revised: April 21, 2023 1 c.Subject to medical decision-making capacity, I acknowledge and understand Town may, but is not obligated to, take any action it considers warranted under the circumstances regarding my health and safety. I agree to pay all expenses related thereto and release Town from any liability for any actions taken. 4.Standard of Conduct. I agree to comply with all Town’s rules, standards, and instructions while a participant in Activities at the Site, including but not limited to, the Town of Gilbert Fire and Rescue Department Rules and Regulations, as amended. I waive and release all claims against Town for my failure to remain under the supervision of Town personnel or to comply with such rules, standards, and instructions. 5.Assumption of Risk and Release of Claims. Knowing the risks described above, and in consideration of being permitted to participate in Activities at the Site, I agree, on behalf of myself, family, heirs, and personal representative(s), to assume all risks and responsibilities surrounding my participation in Activities at the Site. To the maximum extent permitted by law, I release and indemnify Town, its officials, officers, employees, and agents (“Releasees”), from and against any present or future claim, loss, or liability for injury to person or property which I may suffer, or for which I may be liable to any other person, during my participation in Activities at the Site, including periods in transit to or from the Site. 6.INDEMNITY: I SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE ATTORNEY FEES, FEES AND THE COSTS OF ENFORCING ANY RIGHT TO INDEMNIFICATION UNDER THIS WAIVER, AND THE COST OF PURSUING ANY INSURANCE PROVIDERS, INCURRED BY THE INDEMNIFIED PARTY ARISING OUT OF OR RESULTING FROM ANY CLAIM OF A THIRD-PARTY RELATED TO MY PARTICIPATION IN THE TRAINING. THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE REALEASEES, IN INSTANCES WHERE SUCH GROSS NEGLIGENCE OR WILLFUL MISCONDUCT CAUSES PERSONAL OR BODILY INJURY, DEATH, OR PROPERTY DAMAGE. IN THE EVENT I AND THE RELEASEES ARE FOUND JOINTLY LIABLE BY A COURT OF COMPETENT JURISDICTION, LIABILITY SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA. 7.No Joint Venture: I understand that no term or provision in this Agreement or Waiver is intended to create a partnership, joint venture, or agency arrangement between any of the Parties. I further understand that neither Party shall be deemed to be an employee or agent of the other Party to this Agreement or Waiver. To the extent applicable by law, I will not be deemed to be the employee, agent, or servant of the Town. I understand that where I am included as a “student” that does not deem me to be an employee or agent of the Town. Last revised: April 21, 2023 1 8.Workers Compensation: For the purposes of workers’ compensation coverage, the agency which regularly employs an employee entitled to workers’ compensation arising out of work associated with this Waiver, shall be the agency solely liable for payment of all approved workers’ compensation and related benefits. 9.If any one or more of the provisions in this Waiver are determined to be invalid, illegal, or unenforceable, it shall not affect any other provision of this Waiver, and this Waiver shall be construed as if such invalid provision had never been contained in this Waiver. In any legal action in connection with this Waiver, the exclusive venue shall be in the courts of Maricopa County, Arizona and this Waiver shall be construed in accordance with the laws of the State of Arizona. I have carefully read this Waiver and sign it voluntarily. No representations, statements, inducements, oral or written, apart from the foregoing written statement, have been made. This Waiver shall become effective only upon receipt by Town and shall be governed by and construed in accordance with the laws of the State of Arizona including Town’s Municipal Ordinances. Venue for any action relating to or arising out of this Waiver shall be in the Court for the Town and County of Maricopa. Executed on this date: By: Individual Printed Name Signature Witness Printed Name Signature Name of Department or Agency RESOLUTION NO. 2024-037 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF GILBERT (“GILBERT”), FOR AND ON BEHALF OF THE GILBERT FIRE AND RESCUE DEPARTMENT, RELATING TO FIRE SERVICE TRAINING. WHEREAS, the Town of Fountain Hills desires to coordinate with the Town of Gilbert, a political subdivision of the State of Arizona, for Gilbert provide fire service training for the Fountain Hills Fire Department; and WHEREAS, the Town desires to adequately prepare the Town of Fountain Hills Fire Department for it mission; and WHEREAS, the Town of Gilbert, through its Fire and Rescue Department, has the ability and resources to provide training for fire services. BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby approves the Intergovernmental Agreement (the "Agreement"), in substantially the form attached hereto as Exhibit A. SECTION 2. Pursuant to the terms of the Agreement, the Town hereby authorizes the expenditure of $13,500 per year, and a cumulative total of not more than forty-nine thousand and XX/100 ($49,000). SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. [Signatures on following page] PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this ____day of ___, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ____________________________ __________________________ Ginny Dickey, Mayor Angela Espiritu, Acting Town Clerk REVIEWED BY: APPROVED AS TO FORM: _______________________________ _____________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Resolution 2024-39, Relating to the Sunset of the Sister Cities Advisory Commission. Staff Summary (background) The Sister Cities Advisory Commission (SCAC) was formed to advise the Town Council and Town Manager in an advisory capacity in support of the Fountain Hills Sister Cities Corporation in developing and promoting municipal partnerships between the Town and with other similar jurisdictions in other nations. Over time, the locally-based Sister Cities Corporation has taken on most of the program's operational responsibilities, including organizing exchanges, managing partnerships, and fundraising. The corporation has become the primary entity managing the program. With the Sister Cities Corporation effectively overseeing the day-to-day operations and strategic direction of the Sister Cities program, the role of the Commission has become largely redundant. The Commission no longer holds significant decision-making or program development responsibilities. Additionally, maintaining the commission requires administrative support from town staff, which could be better allocated to other priorities. On Wednesday, Sept 18, the Sister Cities Commission voted unanimously to approve the sunset of the body. Many of the members serve as both commissioners and corporation board members and support the streamlining efforts. Therefore, it is recommended the Town Council endorse the discontinuation of the Sister Cities Commission, acknowledging that the program's goals are being effectively overseen by the Sister Cities Corporation. The Town will continue to support the efforts of Sister Cities, meet regularly with the governing board, and maintain close relations with the corporation and our Sister Cities around the globe. Related Ordinance, Policy or Guiding Principle Resolution No. 2016-01 Town Council Rules of Procedure, Amended and Restated 2023, Section 9.1(D) Sunset (the "Sunset Rule"). Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) On September 18, 2024, the Sister Cities Advisory Commission convened and unanimously voted to sunset the commission. Staff Recommendation(s) Town staff has determined that SCAC has accomplished the purpose for which it was created and now desires to sunset SCAC, pursuant to the Town Council Rules of Procedure, Amended and Restated 2023, Section 9.1(D) Sunset (the "Sunset Rule"). SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. Based on the determination that the SCAC has accomplished its purpose, the Town Council hereby abolishes the SCAC pursuant to the Sunset Rule. SECTION 3. The Town Council hereby expresses its appreciation for the hard work and dedication of all who served the Town as members of the SCAC. SUGGESTED MOTION MOVE to Adopt Resolution 2024-39, Relating to the Sunset of the Sister Cities Advisory Commission. Attachments Resolution 2024-39 Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/23/2024 09:01 AM Town Manager Rachael Goodwin 09/24/2024 09:28 AM Form Started By: Angela Padgett-Espiritu Started On: 09/22/2024 03:45 PM Final Approval Date: 09/24/2024 G:\TOWN CLERK\RESOLUTIONS\2024\Resolution 2024-39.docx RESOLUTION NO. 2024-39 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, RELATING TO THE SUNSET OF THE SISTER CITIES ADVISORY COMMISSION. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") previously created the Sister Cities Advisory Commission (SCAC), pursuant to Resolution No. 2016-01; and WHEREAS, the SCAC was formed to advise the Town Council and Town Manager to act in an advisory capacity in support of the Fountain Hills Sister Cities Corporation in developing and promoting municipal partnerships between the Town and other similar jurisdiction in other nations; and WHEREAS, the Town Council has determined that the SCAC has accomplished the purpose for which it was created; and WHEREAS, the Town Council now desires to sunset SCAC, pursuant to the Town Council Rules of Procedure, Amended and Restated 2023, Section 9.1(D) Sunset (the "Sunset Rule"). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. Based on the determination that the SCAC has accomplished its purpose, the Town Council hereby abolishes the SCAC pursuant to the Sunset Rule. SECTION 3. The Town Council hereby expresses its appreciation for the hard work and dedication of all who served the Town as members of the SCAC. [SIGNATURES ON FOLLOWING PAGE] G:\TOWN CLERK\RESOLUTIONS\2024\Resolution 2024-39.docx PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, October, 1, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: __________________________________ _______________________________________ Ginny Dickey, Mayor Angela Padgett-Espiritu, Town Clerk REVIEWED BY: APPROVED AS TO FORM: __________________________________ _________________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 10/01/2024 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION: Ordinance No. 24-19, Deleting Article 2A-6 of the Fountain Hills Town Code for the Sunset of the Sister Cities Advisory Commission. Staff Summary (background) The Mayor and Council of the Town of Fountain Hills (the "Town Council") previously created the Sister Cities Advisory Commission (SCAC), pursuant to Resolution No. 2016-01. Pending action on item 9.C that approves the sunset of the Sister Cities Advisory Commission, the Fountain Hills Town Code must be updated to reflect this change. Related Ordinance, Policy or Guiding Principle Resolution No. 2016-01 Article 2A-6 of the Fountain Hills Town Code Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) The Town Staff recommends adopting Ordinance 24-19, deleting Article 2A-6 of the Fountain Hills Town Code. SUGGESTED MOTION MOVE to Adopt Ordinance 24-19, Deleting Article 2A-6 of the Fountain Hills Town Code for the Sunset of the Sister Cities Advisory Commission. Attachments Ordinance 24-19 Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 09/23/2024 09:02 AM Town Manager Rachael Goodwin 09/24/2024 09:28 AM Form Started By: Angela Padgett-Espiritu Started On: 09/22/2024 04:07 PM Final Approval Date: 09/24/2024 G:\TOWN CLERK\ORDINANCES\2024\ORDINANCE NO 24-19.docx ORDINANCE NO. 24-19 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DELETING ARTICLE 2A-6 OF THE FOUNTAIN HILLS TOWN CODE FOR THE SUNSET OF THE SISTER CITIES ADVISORY COMMISSION. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") previously created the Sister Cities Advisory Commission (SCAC), pursuant to Resolution No. 2016-01; and WHEREAS, the Town Council desires to delete Article 2A-6 of the Fountain Hills Town Code and sunset the Sister Cities Advisory Commission as it has been determined that the SCAC has accomplished the purpose for which it was created; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Fountain Hills Town Code, Article 2A-6 Sister Cities Advisory Commission is hereby sunset. SECTION 2. Based on the determination that the SCAC has accomplished its purpose, the Town Council hereby abolishes the SCAC pursuant to the Sunset Rule. SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] G:\TOWN CLERK\ORDINANCES\2024\ORDINANCE NO 24-19.docx PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, October, 1, 2024. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: __________________________________ _______________________________________ Ginny Dickey, Mayor Angela Padgett-Espiritu, Town Clerk REVIEWED BY: APPROVED AS TO FORM: __________________________________ _________________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney