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HomeMy WebLinkAboutAGENDApacket__03-04-25_1117_681       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Gerry M. Friedel Vice Mayor Hannah Toth Councilmember Gayle Earle Councilmember Brenda Kalivianakis Councilmember Rick Watts Councilmember Peggy McMahon Councilmember Allen Skillicorn    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, MARCH 4, 2025 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 a 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 Instructions The public is welcome to participate in Council meetings. TO SPEAK TO A CONSENT OR REGULAR AGENDA ITEM, complete a Request to Comment card and hand it to the Town Clerk prior to discussion of that item. Include the agenda item NUMBER on which you wish to comment. A separate submission is required for each agenda item. Request to Comment cards will not be accepted once the Council deliberations begin. Submit a Request to Comment card prior to a public hearing agenda item. TO COMMENT ON A CONSENT OR REGULAR AGENDA ITEM IN WRITING ONLY, complete a Request to Comment card, indicating that it is a written comment, check the box on whether you are FOR or AGAINST a consent or regular agenda item, and hand it to the Town Clerk prior to discussion on that item. A separate submission is required for each agenda item. TO SPEAK TO CALL TO THE PUBLIC, complete a Request to Comment card and hand it to the Town Clerk. 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 IN WRITING ONLINE: Visit https://www.fountainhillsaz.gov/publiccomment and submit a Request to Comment card by 3:00 PM on the day of the meeting. These comments are shared with the Town Council.  This Request to Comment card, and any information you write on it, is a public record subject to public disclosure.    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 Gerry M. Friedel     2.INVOCATION - Pastor Rod Warembourg, Desert Creek Fellowship     3.ROLL CALL – Mayor Gerry M. Friedel     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.PROCLAMATION: Designation of March as Red Cross Month.    6.PRESENTATIONS     A.PRESENTATION: Allana Buick and Bers will present their current observations regarding the repairs performed on the storefront window and door assemblies at the Community Center over the past two years. Additionally, they will provide a report on roof assessments for the Town Hall, Community Center, Library/Museum, and Central Plant buildings.     7.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     8.CONSENT AGENDA ITEMS   Town Council Regular Meeting of March 4, 2025 2   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 February 4, 2025.     9.REGULAR AGENDA     A.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow vehicle sales with outdoor display at 15225 N. Fountain Hills Blvd.      B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2025-04, proposing a Diversity, Equity, and Inclusion (DEI) Policy for the Town of Fountain Hills.     C.CONSIDERATION AND POSSIBLE ACTION: Appointment of a Council Three-Person Workgroup for the Review and Possible Revision of Town Code Section 2-4-1: Rules of Procedure.     D.CONSIDERATION AND POSSIBLE ACTION: Resolution No. 2025-03, declaring the town's intent to comply with the enforcement of federal immigration law to the legal extent permissible for the sole purpose of removing violent criminals from our community.     E.CONSIDERATION AND POSSIBLE ACTION: Amendment NO.5 to Cooperative Purchasing Agreement 2022-062 with Mesa Energy Systems, Inc     F.CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed or pending before the State Legislature.       10.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.     Town Council Regular Meeting of March 4, 2025 3     11.FUTURE AGENDA ITEMS     12.ADJOURNMENT            Dated this 27th day of February, 2025. _____________________________________________ Angela Padgett-Espiritu, Interim Town Clerk   The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (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 March 4, 2025 4   ITEM 5. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 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 March as Red Cross Month. Staff Summary (Background) Mayor Friedel will proclaim March as Red Cross Month. Attachments PROCLAMATION: Designation of March as Red Cross Month  Form Review Form Started By: Angela Padgett-Espiritu Started On: 02/18/2025 04:52 PM Final Approval Date: 02/18/2025  ITEM 6. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Presentations                  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):  PRESENTATION: Allana Buick and Bers will present their current observations regarding the repairs performed on the storefront window and door assemblies at the Community Center over the past two years. Additionally, they will provide a report on roof assessments for the Town Hall, Community Center, Library/Museum, and Central Plant buildings. Staff Summary (Background) In June 2022, Allana Buick and Bers prepared a Preliminary Observation Report on the window, door, and adjacent hardscape water testing at the Fountain Hills Community Center. Tonight’s meeting will provide an update on the work completed by the Town of Fountain Hills Public Works Department, based on the findings from that report. Below is a summary of the improvements made, their success to date, and relevant design documents, photos, and other supporting information. Community Center Storage Room Conversion In July 2023, Gensler Architects received permit approval for construction plans to convert an existing outdoor space on the west side of the Community Center into an enclosed, conditioned storage room. The improvements included:  Construction of a new non-rated exterior wall and new concrete slab Removal of windows and one door, with infill to match the adjacent exterior wall Installation of a new exterior-access door Modification of the existing exterior screen wall to add an opening Sidewalk and landscape adjustments to facilitate the addition and improve drainage along the hardscape frontage This work was completed in October 2023. Since then, Town staff have reported no water intrusion in the newly converted storage room and have observed improved drainage directing water away from the building along the hardscape frontage. Hardscape Drainage Improvements In August 2024, various hardscape and landscaping improvements were made, including the installation of a 6-inch trench drain to enhance drainage along the southwest side of the Community Center. The following actions were taken:  Removal of problematic concrete panels along the storefront Preparation of base soils and grades at concrete panels and landscape islands to ensure positive slope away from the building, directing water toward the newly installed trench drain To date, Town staff have observed significant improvement in water flow management, with nuisance water now being effectively directed to the trench drain and landscape areas. Other Miscellaneous Improvements  Indoor Air Quality: In November 2022, an Industrial Hygienist was hired, and Arizona Indoor Air Quality identified areas requiring remediation. Clearance services were provided before materials and finishes were replaced. Wet Sealing: In November 2022, All State Caulking applied a new “wet seal” treatment (silicon caulking) to the southwest-facing storefront. Existing sealants were removed, and the new treatment was applied to glass-to-frame and frame-to-frame joints on windows and doors. Door Brushes: In November 2022, DH Pace installed improved door brushes on the operable door bottoms to prevent air and water intrusion. Wall Remediation: In December 2022, Everclear Environmental performed remediation services to concealed wall spaces on exterior walls in the Community Center lobby. Lujan Brothers Restoration and Remodeling replaced the affected materials and finishes. Sanitary Pipelining: In April 2023, Pipeliners lined approximately 75 feet of the existing sanitary sewer line. Roof Repairs: In June 2023, Schmitt Roofing completed repairs to approximately 850 square feet of suspect roof area. No leaks have been detected in these areas since the repairs. HVAC Audit and Adjustments: In June 2023, Omega Test and Balance was retained to conduct an HVAC airflow audit to ensure system operation aligned with original design documents. Adjustments included reducing the chilled water temperature supplied to the air handlers from 48 degrees to 44 degrees, resulting in a noticeable reduction in humidity. Additionally, two portable dehumidifiers were placed in key building areas. Roof Drain No-Hub Connections: Since the 2022 ABB Report, Town staff have replaced several of the Community Center’s roof drain no-hub connections on an as-needed basis. Miscellaneous Leak Repairs: Since the 2022 ABB Report, Town staff have identified and repaired several leaks throughout the Community Center, including a challenging roof leak, multiple roof drain piping leaks, and small drips related to HVAC condensation in areas with inadequate insulation/exposed chilled water piping. Conclusion The cumulative efforts outlined above have led to a significant reduction in water intrusion at the Fountain Hills Community Center. Most of the issues experienced in recent years were relatively minor compared to the significant water intrusion previously caused by the building’s storefront windows and the faulty grade at the O’Flynn Room patio. The improvements made have greatly mitigated water intrusion, and staff are pleased with the quality of work performed both by contracted partners and internal teams.   Attachments Window and Roof Draft Presentation  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 02/18/2025 04:32 PM Town Attorney Aaron D. Arnson 02/19/2025 02:17 PM Town Manager Rachael Goodwin 02/25/2025 03:36 PM Form Started By: Justin Weldy Started On: 02/18/2025 08:38 AM Final Approval Date: 02/25/2025  Window and Roof Assessment DRAFT Town of Fountain Hills, Arizona WWW.FH.AZ.GOV 2 Inspection Locations WWW.FH.AZ.GOV ABB’S Scope of Work • ABB was retained by the Town of Fountain Hills to review the repairs performed at the Community Center Storefront Window and door assemblies, and perform roof assessments at the Town Hall building, Community Center building, Library/Museum building as well as the Central Plant building. 3 Community Center Windows Town of Fountain Hills, Arizona WWW.FH.AZ.GOV Fountain Hills Community Center 5 WWW.FH.AZ.GOV Community Center Storefront Window and Door Testing Locations 6 WWW.FH.AZ.GOV Community Center Storefront Windows and Doors • ABB water tested the community center’s storefront window and door assemblies in May of 2022 and developed a report of our findings with general repair recommendations. • ABB’s recommendations are to remove and replace the windows and doors due to reported leaking replicating existing staining during the said water testing. • As a temporary repair the Town retained a contractor to perform a wet-seal of the windows, the wet seal consisted of application of sealant to the window frame joints and window perimeters along with other site repairs to aid the leaking of the windows. • To date the sealant repairs have been somewhat successful. However, ABB observed signs of leaking when inspecting the windows and doors in December of 2024. 7 WWW.FH.AZ.GOV Typical Window Water Testing 8 Testing photo 2022 WWW.FH.AZ.GOV Typical Window Frame Leaks 9 Leak photo 2022 WWW.FH.AZ.GOV Signs of Continued Leaking 2024 10 The observed leaks may be old stains. ABB recommends monitoring the windows during a rain occurrence WWW.FH.AZ.GOV Community Center Storefront Windows and Doors • The leak staining observed in the 2024 inspections may be existing old staining. ABB recommends the Town Facilities staff monitor the storefront windows and doors during rain events. 11 WWW.FH.AZ.GOV Cracked Slabs Adjacent to Storefront Windows 12 ABB recommends sealing and broadcasting sand into the cracks to avoid leaking through the slab. Community Center Window Town Improvements Town of Fountain Hills, Arizona WWW.FH.AZ.GOV New Area Drain Installation 14 A new area drain was installed to assist drainage away from building WWW.FH.AZ.GOV Eclosed the Patio Area at the O’Flynn Room 15 WWW.FH.AZ.GOV Wet Seal of the Window Frames 16 WWW.FH.AZ.GOV Door Sweep Adjustments/Slab Grinding 17 Lowering of the door sweeps in attempt to prevent water intrusion under the doors Grinding of the slab apron concrete has assisted in slope away from the doors and windows WWW.FH.AZ.GOV Temporary Repairs vs. Permanent Repairs • The temporary repairs outlined above has prevented much of the water intrusion but is not a permanent solution. • Wet sealing of the windows requires yearly ongoing inspections and sealant installation maintenance bi-annually. • The wet seal installations consists of removal of the window gaskets, sealant installations to the existing frames/glazing that have previously been painted and is prone to delamination and failure. • The permanent solution to 20+ year old windows is to build curbs, flash the window openings and install new windows. 18 WWW.FH.AZ.GOV Questions 19 General Roof Information Town of Fountain Hills, Arizona WWW.FH.AZ.GOV Overview of Roof Construction • Community Center /Central Plant Buildings : ➢Approximate Year Built-2000➢Approximate Roof Square Footage- 32,000 Square Feet • Town Hall Building: ➢Approximate Year Built-2005 ➢Approximate Roof Square Footage- 17,000 Square Feet •Library/Museum Building: ➢Approximate Year Built-2000 ➢Approximate Roof Square Footage- 23,400 Square Feet 21 WWW.FH.AZ.GOV Continued Maintenance 22 The Town Facilities Staff have been very proactive on patching the roof when leaks are observed. Community Center Roof Inspections Town of Fountain Hills, Arizona WWW.FH.AZ.GOV Roof Leaks 24 WWW.FH.AZ.GOV Roof Overview 25 WWW.FH.AZ.GOV Roof Cores 26 WWW.FH.AZ.GOV Roof Assembly at the Community Center 27 Metal Pan Deck Polyurethane Spray Foam - Metal Pan Deck - Interior Grade Gypsum - Polyurethane Spray Foam - Acrylic Topcoat WWW.FH.AZ.GOV Failed Roof Patches/Lack of Preparation 28 WWW.FH.AZ.GOV Failed Roof Patches 29 WWW.FH.AZ.GOV Cracked and Disbonded Blisters 30 WWW.FH.AZ.GOV Cracked Spray Foam Membrane 31 WWW.FH.AZ.GOV Unsealed Mechanical Penetrations 32 WWW.FH.AZ.GOV Bird/Bee Damage to Roofing Foam 33 Birds and Bees have created damages to the roof coatings to burrow into the roofing foam. This has resulted in continuous maintenance WWW.FH.AZ.GOV Short Parapet Walls/Lack of Safety Measures 34 WWW.FH.AZ.GOV Lack of Slope/Roof Crickets 35 WWW.FH.AZ.GOV Lack of Parapet Wall Saddle Flashings 36 WWW.FH.AZ.GOV Questions 37 Town HallRoof Inspections Town of Fountain Hills, Arizona WWW.FH.AZ.GOV Overall Photo of the Town Hall Building 39 WWW.FH.AZ.GOV Roof Leaks 40 WWW.FH.AZ.GOV Roof Cores 41 WWW.FH.AZ.GOV Roof Assembly at the Town Hall Building 42 Metal Pan Deck Polyisocyanurate Rigid Foam Insulation Urethane Spray Foam - Metal Pan Deck - Polyisocyanurate Rigid Foam Insulation - Urethane Spray Foam - Acrylic Topcoat WWW.FH.AZ.GOV Popping Sound While Walking on Roof 43 Popping sounds while walking on the roof indicates lack of adhesion of the roof coating to the Poly-Iso foam WWW.FH.AZ.GOV Plumbing Vent Too Close to Hatch 44 WWW.FH.AZ.GOV Low Spots on Roof Surface 45 WWW.FH.AZ.GOV Blistered Roof Patches 46 WWW.FH.AZ.GOV Cracked Foam Roofing Materials 47 WWW.FH.AZ.GOV Cracked Roof Foam 48 WWW.FH.AZ.GOV Improper Terminations 49 WWW.FH.AZ.GOV Voids at Saddle Flashings 50 WWW.FH.AZ.GOV Roof Patches Lack Adhesion 51 WWW.FH.AZ.GOV Questions 52 Library and MuseumRoof Inspections Town of Fountain Hills, Arizona WWW.FH.AZ.GOV Overall Photo of the Library and Museum Building 54 WWW.FH.AZ.GOV Roof Leaks 55 WWW.FH.AZ.GOV Roof Cores 56 WWW.FH.AZ.GOV Library and Museum Roof Assembly 57 Metal Pan Deck Polyurethane Spray Foam - Metal Pan Deck - Visqueen Vapor Barrier - Polyurethane Spray Foam - Acrylic Topcoat WWW.FH.AZ.GOV Visqueen Under the Roof Coatings 58 The visqueen (plastic) installed under the roof coatings do not allow for proper coating adhesion to the substrates WWW.FH.AZ.GOV Wavy Roof Coating Applications 59 WWW.FH.AZ.GOV Rusted and Damaged Coatings 60 WWW.FH.AZ.GOV Unsealed Pipe Joints 61 WWW.FH.AZ.GOV Failed and Disbonded Coatings 62 WWW.FH.AZ.GOV Mechanical Curbs are too Low 63 WWW.FH.AZ.GOV Fractured Roof Coatings 64 WWW.FH.AZ.GOV Observed Defective Conditions Table 65 WWW.FH.AZ.GOV Solutions • The existing roofs are 20+ years old and have lived their expected life span. •Phase II Design Phase: Design new roofing, flashings, curbs, etc. to allow for proper roof and building integrations. The Design Phase will include design options. • Removal of portions of the existing roof. • Installation of new roof. • The design will implement extended roof warranties. 66 Thank You ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes for the Town Council Regular Meeting of February 4, 2025. 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 February 4, 2025. SUGGESTED MOTION MOVE to approve the minutes of the Town Council Regular Meeting of February 4, 2025, as presented. Attachments Verbatim Transcript 2025.0204 TCRM  Form Review Form Started By: Angela Padgett-Espiritu Started On: 02/24/2025 01:42 PM Final Approval Date: 02/24/2025  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 4, 2025 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 Gerry Friedel: Vice Mayor Hannah Toth; Councilmember Gayle Earle; Councilmember Brenda J. Kalivianakis; Councilmember Rick Watts; Councilmember Peggy McMahon; Councilmember Allen Skillicorn Staff Present: Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Kandace French Contreras Audience: Approximately thirty members of the public were present. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 1 of 53 Post-Production File Town of Fountain Hills Regular Meeting February 4, 2025 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 FEBRUARY 4, 2025 REGULAR MEETING Page 2 of 53 MAYOR FRIEDEL: I'd like to call the meeting to order. And if we would please rise 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 FRIEDEL: And now we'll have Pastor Jeff Teeples from Shepherd of the Hills Lutheran Church lead us in an invocation. Thank you. TEEPLES: (Indiscernible) from here. Well, thank you for having me tonight and welcome to the new council. I haven't greeted you as the --newly elected council. For most of our day we're kind of always looking down or out, right? We have our phones; we're looking down and -- and there's a good reason for that. But tonight, I wanted to think about looking up. Looking up to the sky. Looking up at the trees. Looking up at what's around us. And actually, looking up can be really valuable even for our just emotional, physical, spiritual wellbeing because it can boost our creativity, improve our mood, and encourage a broader perspective, allowing us to have a better view of our surroundings. The churches in Fountain Hills at the Christian Ministerial Association have invited Will Graham to come to the Fountain, and it's on March 22nd. It's a -- a message of hope. And that message will be given to the kids at 1 o'clock and to the community at 6 o'clock that evening at the Fountain. It's called Look Up Celebration at the Fountain. And we anticipate a lot of people from around the area coming to this, coming to Fountain Hills to hear this message. In this case, Looking Up isn't just improving our -- our circumstances, but looking up to God to -- to look beyond ourselves and realize that there is a God who loved the whole world and gave his son to die for us. So I invite you, the entire council, to come to that event and see what it's about and everyone here in the room too to attend on the 22nd of March. The Bible, God's word, encourages us time and again to look up. Often times it says lift our eyes. Which is look -- lifting our eyes from our circumstances to see something greater. And one of the most fabulous passages about looking up is Psalm 121. I want to end with that tonight. "I lift up my eyes to the mountains -- where does my help TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 3 of 53 come from? My help comes from the Lord, the Maker of heaven and earth". We have beautiful mountains, especially tonight, as you came in and saw the Four Peaks and all the mountains surrounding us. So look to the mountains. It doesn't say that the mountains are our help, but the mount -- in the mountains we realize that that it's actually a dangerous place as it was for the Hebrew people. But they remind themselves in looking to the mountains that the Lord is their help. The Lord is their creator and the maker of heaven and earth. So tonight, and always, we pray for you as the town council. We pray for that you could lift your eyes to see what -- draw your help from the Lord and to make the decisions to discern what's best for our community and our town and what would benefit us all. Would you pray with me? Thank you, Lord, that we can lift our eyes to the mountains and realize that our help comes from you. May our help come from you, Lord. For you are the maker of heaven and earth and we -- we thank you that we can look to you for leadership, guidance, and insight. In your name, Jesus' name we pray. Amen. MAYOR FRIEDEL: Town Clerk, would you take roll call please? CONTRERAS: Good evening. Councilwoman Earle. EARLE: Here. CONTRERAS: Councilmember Kalivianakis. KALIVIANAKIS: Here. CONTRERAS: Councilmember Watts. WATTS: Here. CONTRERAS: Councilmember McMahon. MCMAHON: Here. CONTRERAS: Councilmember Skillicorn. SKILLICORN: Here. CONTRERAS: Vice Mayor Toth. TOTH: Here. CONTRERAS: Mayor Friedel. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 4 of 53 MAYOR FRIEDEL: Present. CONTRERAS: All available. MAYOR FRIEDEL: Thank you. And Town Clerk, would you please read the statement of participation. CONTRERAS: Yes, sir. Thank you. Good evening. 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 me prior to consideration of that agenda item. Please note that once an agenda item has started, late requests to speak cannot be accepted. When your name is called, please approach the podium, speak into the microphone, and state your name for the record. Please limit your comments to three minutes. It is the policy of the mayor and council to not comment on items brought forth under call to the public. However, staff can be directed to report back to the council at a future date, or to schedule items raised for a future council agenda. It is also requested that applause be kept to a minimum to avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation. Thank you. MAYOR FRIEDEL: Thank you. Next, we'll have our reports by mayor, councilmembers, and town manager. Two minutes. Rachael. GOODWIN: You got it. Two minutes. Actually, the only thing I wanted to share tonight, and this is really a follow-up from our last council meeting where we discussed an upcoming Town Hall meeting. So the Firewise USA has been scheduled. This is for the entire community. It is open to everyone. There's no registration required, there's no fee. And it's scheduled for Monday, February 24th at 6 o'clock at the Community Center. There's flyers in the back. We'll be posting these as well on our social media as well as at the Community Center to help share the word around our community. The presentation will be a joint effort between the Arizona Department of Forestry and Fire Management as well as our own Fountain Hills Fire Department. So hope to see everybody there. MAYOR FRIEDEL: Great. That's -- thank you. We are very serious in this town about fire TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 5 of 53 safety and being fire wise. So it's good to have that on the agenda. Councilwoman Gayle Earle. EARLE: Thank you, Mayor. I just wanted to report that I did attend the Volunteer Expo and met some lovely women that work with the -- their crisis volunteers and spent some time talking to them. I was very impressed with the work they do and wondering what they do for their stress after helping people that have -- they work with families after someone has committed suicide or in a bad car accident or their house is burnt down. So it's -- I did not realize we had such wonderful angels working in our town. I also attended the dog park 25th anniversary. That was really fun to see all these dogs playing together and learning some of the things that the people at the park would like to have fixed. Also, had a wonderful tour of our town's central mechanical plant and with the facilities manager Steve Bartlett and our electrician Paul, and was really impressed with the -- the facilities that were so clean. And see that we have three huge chillers and as I asked them, because they may need some work, I said, can we run on two in the summer? And they kind of laughed at me. No. So it's something we'll be needing to pay attention to to make sure that we -- everybody in the Town Hall, Community Center, the Library, and the -- what is that -- the -- the museum -- Museum as well that can stay cool through all year long. And then also, I was a bit late but was able to go to the Pellegrini Group ribbon cutting. Was a little late due to a town business meeting. And then, I've been enjoying listening to the legislative updates following issues that could potentially affect our town. Thank you. MAYOR FRIEDEL: Councilwoman Brenda Kalivianakis. KALIVIANAKIS: Thank you, Mr. Mayor. Hello and goodnight every -- or, hello everybody and thank you for coming. I really appreciate it. And for the people on live streaming, on YouTube, Cox channel 11, of course, live. We really appreciate the town and the citizen participation. Citizen participation is a key element to good governance. I -- too went to the January 22nd Volunteer Expo. When I drove there and I had to park TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 6 of 53 around four blocks away, I knew it was going to be a success, and it -- was. It was a lot -- lot of friends and fellowship, lots of booths and lot of interesting things to see. It -- once again, when Fountain Hills has anything involving community spirit, it's always a success. I also had a chance to go to the Maricopa Association of Governments Domestic Violence Council. Thank you, Mayor Friedel, for putting me in that council and for trusting me to fill in your shoes of service. We did a little bit of restructuring. We -- consolidated some of the groups and we're going to make it a little more proactive, little more community outreach. And so, based on your -- hard work, we're continuing that work. And that was done by the -- previous. So thank you for that. Again, a couple ribbon cuttings. Oasis Skin Care we went to. And then, like, councilwoman Earle, the -- Pellegrini Group, we had our subcommittee B meeting, and we ran really late, and I -- didn't make it. But I, even though I wasn't there I want to give a shoutout to Susan and Tony Pellegrini, who are very influential members of our community. They give a lot back to this community. And I just wanted to call -- just give them a shoutout even though I couldn't be there. One of the things that happened this past week, is the Vitalant blood drive. Blood transfusions that are essential for individuals with medical conditions, accidents, and surgeries. The future dates are on this little card, and I put those cards back there for anybody that wants to -- the -- upcoming dates. It's run every other month. Donating blood is very, very important. I'd encourage the mayor of council and all of our -- residents to -- join and -- try to help people that need blood transfusions. I did attend the mayor's State of the Town speech. It was very well-delivered, and it was really nice to have a moment of healing in the community. I think everybody that day was very happy. Everybody left with smiles on their faces. And so, we really appreciate that tone. And so, thank you for that, Mr. Mayor. Lastly, I had as part of the Public Safety, Military and Courts committee and the Council on Foreign Relations, we discussed topics including global trends and how they affect state and local leaders throughout the U.S. and also briefing on bracing for the possible trade war. A lot -- of moving parts going on there. I know it was really appreciative to TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 7 of 53 hear their perspective. So once again, thank you all for attending. That's my report. MAYOR FRIEDEL: Thank you. Councilman Rick Watts. WATTS: Thank you, Mayor. Quick recap. The Volunteer Expo was a fantastic turnout, lots of people there, lots of people that I didn't know. I -- sometimes I don't realize how many volunteer organizations there are really in town. But it was very good. ADOG anniversary, I was there. A comment for next year, not so early, not so cold. It was -- it was both very early and very cold. But it was a great turnout. Toured the town facilities. The buildings from the mechanical rooms up through the rooftops. And there is a lot of -- potential upcoming work that's going to have to be done on both the -- central plant as well as the rooftops. Various meetings with town staff to better understand and comprehend what goes on in the backgrounds. And I must say, the town staff has been very, very welcoming. Very embracing, very open. I don't have any -- concerns about what information I'm getting from town staff. And I also joined the Arizona League of Cities Zoom call to understand what's going on at the State level. As far as progress on the 5G, I met with Rachael Goodwin, town manager. We discussed the economic impact of trying to do everything all at one time and came to a term that basically said we'll approach the ordinance first this year. And a lot of this is due to economic conditions. We're trying to fit five pounds into a one- pound bucket again, trying to get everything done and we just don't have the bandwidth to do that. So first phase is -- the ordinance itself to strengthen it, get it back to where P & Z had before. Second phase is to address the application itself to adhere to the ordinance. And third phase is to find a way to manage, collect the data and manage the data. Tomorrow I've got a meeting with P & Z, Dan Kovacevic and John Wesley and myself. We're going to figure out of all the data we've got, what is important, what can we carry over from Planning and Zoning. So that's tomorrow afternoon. And the joint meeting. And I have one correction for our local paper. I was not appointed as the Town -- as the Town Council Representative, I was appointed as a TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 8 of 53 liaison. Based upon the information that I've garnered over the past couple years, it's a liaison. It's not a super legislature, it's not a representative, it is collecting information so that ultimately, we can get the Planning & Zoning Commission ordinance worked out, get it back to Town Council so that we have an agreement and a vote by Town Council. So that's the end of my report. Thank you. MAYOR FRIEDEL: Thank you. Councilman Allen Skillicorn. SKILLICORN: No report, Mr. Mayor. MAYOR FRIEDEL: Councilwoman Peggy McMahon. MCMAHON: Thank you. Well, I've attended a few meetings and events since the last council meeting. I would like to use this time to take a moment to give a huge shoutout to Mike Pelton, our marketing director, for his outstanding efforts in promoting the upcoming Town of Fountain Hills Dementia Friendly this Saturday. Mike has not only worked tirelessly to advertise the event within the town, but also, across the Valley and state. And thanks to Mike's efforts we're seeing an incredible turnout with attendees coming from all over the state. Mike's work is truly putting our town and its commitment to educating the community on this insidious disease on the map. Mike, your dedication is deeply appreciated. You're a tremendous asset to our town team and I personally thank you very much. MAYOR FRIEDEL: Thank you. Vice Mayor Hannah Toth. TOTH: Hello. Well, we had the -- on January 25th, the Ride for the Salt River Horses. It was over at our American Legion. They had a fantastic turnout, and I learned a lot about our Salt River Wild Horse Management Group. They're doing everything they can to keep our wild horses wild and free. It sounds like they do, however, have another fight on their hands because unfortunately there's people in the Federal Government who wish to control wild things. And so, it's looking like they're going to be trying to lower that quota or the number of the herd again and they're -- basically, they've got another fight on their hands. So this was a wonderful event in support of that group, in honor of our horses that I feel are a symbol of American freedom. And if you find it in your heart, I'm very passionate about them too, so if you are like me, please give them your support TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 9 of 53 because they've got another battle. MAYOR FRIEDEL: Thank you. And like the rest, I was with Hannah at the Ride for the Horses. The Volunteer Expo was so well attended. As was mentioned, parking was at a premium. I was also at the dog park 25-year anniversary. Hard to believe it's been 25 years for that dog park. Boy, that time went by fast. The Pony Express visited the town. And like others, I was at a couple of the ribbon cuttings. Congratulations again to MCO and the Pellegrini Group. We attended several legislative updates. And I have to say that the State of the Town was an overwhelming success. We were able to get a good message out to the residents of this town. And again, kudos to Mike Pelton, he did a great job with the video that was all done in-house, and it saved the town a lot of money as well. So Mike is very talented and we really do appreciate you being with us here, Mike. So thank you. And I just want to remind everybody, we have got a budget open house coming up -- UNIDENTIFIED SPEAKER: In March. MAYOR FRIEDEL: In March, yeah. So look for that too. There'll be some good information on that as well. So with that, that concludes those reports. And we're going to move on now to a proclamation for Anti-Human Trafficking Month. And when we're done with this proclamation, it's going to be handled by Councilwoman Brenda Kalivianakis. All the council members are going to go down and get a picture with the gentlemen that are here for that event. So go ahead, Brenda. KALIVIANAKIS: Okay. Thank you, Mr. Mayor. Not in Our City is a community-led coalition against human trafficking in Arizona. We unite local, federal, and state law enforcement, city officials, front line organizations, school and faith-based communities to educate and equip the public to fight against the plague of human trafficking. I'd like to thank Mayor Friedel for putting this proclamation together and signing it for the second straight year in a row, showing Fountain Hills support for what's going on. And it's an international movement. On a personal note, I was honored to attend the Night of Hope last year and represent TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 10 of 53 Fountain Hills. And I will be attending this year as well. And if you can imagine, over fifty clergy representing their congregations, law enforcement, elected officials throughout the state, they're showing support in song and in prayer to try to end this plight of human trafficking that's affecting young girls and boys through the labor trafficking. It should not be happening. And so, I'd like to, at this point, read a proclamation. And Scott September will be joining me; he was former Gilbert town council, city council. And Scott if you could join me up here. UNIDENTIFIED SPEAKER: (Indiscernible). MAYOR FRIEDEL: Of course. Of course. Thank you for coming. Thank you for coming. KALIVIANAKIS: Hello? There we go. Proclamation. Human -- Anti-Human Trafficking Month. Whereas human trafficking is a global plague that impacts millions of people each year, including tens of thousands of Americans. And whereas, the United States ranks as one of the worst countries globally for human trafficking. Whereas Arizona ranks in the top fifteen states with the highest rates of human trafficking per capita. Whereas human trafficking impacts people across all demographics, all ages including our children and our teenagers. Whereas the battle against human trafficking includes supporting efforts in schools , churches, nonprofits, law enforcement, and businesses to prevent human trafficking. Intervene, disrupt, and dismantle human trafficking syndicates. And provide resources to support the victims of human trafficking. Whereas, the Town of Fountain Hills joins schools, churches, nonprofit organizations, law enforcement, federal and state coalitions, and the NotinOurCity.org movement and our commitment to increase public awareness of human trafficking epidemic that impacts our community, our state, our nation, our world. Now therefore, I, Gerry Friedel, Mayor, along with the town council of Fountain Hills, Arizona, do hereby proclaim the month of January as the Anti-Human Trafficking Month. Scott, would you like to say a few words about the program? SEPTEMBER: Thank you, Councilmember. I want to thank you, first of all, for being such a huge supporter of this. This is the second year that you and I worked together to have TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 11 of 53 the council here make this proclamation. Proclamations are a big deal. People take them for granted, but they're important because it's a public profession of who you are as a council and a town and what you stand for. And so, we really appreciate that. NotinOurCity.org is -- it -- we recognize that trafficking thrives in silence. So we're bringing awareness. But we're not stopping there because a lot of organizations bring awareness. We're actually working with state legislatures -- state legislators this year to prepare a task force and to prepare legislation so that Arizona can go from the 15th worst in the nation to the 50th. And let's get to the bottom of that list. And right now, there's an organization that ranks states; we get an F. There's about a half a dozen states that only have an A, we'd like to be one of those. So we're working on that and proclamations like this and towns -- towns and jurisdictions taking a stand makes a big difference and you're -- you're all part of that fight. I'd like to hand this off, briefly, over to Pastor Billy Punt (ph.), and he's going to tell you a little bit about our Night of Hope and -- and have an invitation for you. PUNT: Mayor and council members, thank you so much for being a part of something so critically important. And, you know, it's the coalition of coming, doing it together that makes such a huge difference. And we have a special night on February 23rd at 5 p.m. in Grace Community Church down in Mesa. And we're inviting anyone that has interest in being a part of it to come and be a part of it. It's going to be a great night of celebration, there's going to be religious leaders and secular leaders that are going to be sharing. And many organizations that actually support human trafficking support in our city, are -- are going to be there as well. So we'd love you to participate and be a part of that. I -- serve on the Board of Influence for a Night of Hope, and I'm privileged to stand together with my friend Jeff Teeples here who's a pastor in this city, I'm a -- pastor down in -- in Scottsdale, and together we can make a difference in our state and we're going -- to do that. MAYOR FRIEDEL: Thank you, Councilmember. KALIVIANAKIS: Of course. That's your proclamation. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 12 of 53 UNIDENTIFIED SPEAKER: Make sure you're -- all right. (Indiscernible). MAYOR FRIEDEL: Mike, should we all stand behind? UNIDENTIFIED SPEAKER: Like that? MAYOR FRIEDEL: Yeah. UNIDENTIFIED SPEAKER: Do it. MAYOR FRIEDEL: Let's do it. UNIDENTIFIED SPEAKER: (Indiscernible). UNIDENTIFIED SPEAKER: He gets to do it. UNIDENTIFIED SPEAKER: (Indiscernible). UNIDENTIFIED SPEAKER: Just to do that. UNIDENTIFIED SPEAKER: All right, on three. One, two, three. No, hold on. UNIDENTIFIED SPEAKER: (Indiscernible). UNIDENTIFIED SPEAKER: One, two, three. Yeah, much better. Cool. Thanks guys. UNIDENTIFIED SPEAKER: Okay. MAYOR FRIEDEL: Okay. And next we'll move to presentations. And I see Paul at the mic. SOLDINGER: All right. Good evening, Mayor and council. Thank you for the opportunity. Just wanted to explain this a little bit before we get into the presentation. During our last meeting, Willdan Financial Services , they -- they came and provided presentation as well. But that presentation was actually an audit or review of how we've spent development impact fee revenues over the past two fiscal years. Tonight is -- is more of an overview of the development fee process and how to develop an updated report as required by -- by statute. So tonight, we'll be talking about an update, land use assumptions and infrastructure improvements plan. That is required to be updated every five years by statute, which also sets a new development impact fee schedule. And that process takes about a year. And tonight, we have a Carson Bise from TischlerBise who we're contracted with to overview this process. So he'll provide this overview to you. He'll be available for any questions that you have. And with that, I'll turn it over to Carson. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 13 of 53 BISE: Thanks, Paul. SOLDINGER: Um-hum. BISE: Good evening, Mayor, members of council. I'm Carson Bise with TischlerBise. We're just kicking off your development fee update. And we're the firm that prepared your -- study a few years ago. And we always think it's a good idea at the beginning of the process to -- go over some -- impact fee basics and give you a chance to ask questions about the process and the study and about impact fees in general. A little bit about us. We're -- based in Bethesda, Maryland and Boise, Idaho, and we're the national leaders in -- conducting impact fees. We've done more impact fee work than any firm in the country, and we've certainly done more impact fee work in the State of Arizona than -- any other firm as well. The impact fee categories that the town has in place now that we're updating include Parks and Recreation, Fire, as well as Transportation. And for those of you who weren't around the last go around for the impact fee study, I think it's important to establish some -- Arizona basics here. The Impact Fee Act changed dramatically in 2012 with the adoption of what's known as SB 1525. We now are required to have three integrated work products as part of the effort. The first is a land use assumptions document and that has to cover a ten-year period. It has to be approved by the governing body. There's also what's known as the Infrastructure Improvement Plan, or sometimes referred to as the IIP, that covers a period of ten years. And it's gotten us away, in terms of Arizona, from doing, sort of, 20- year buildout analyses for impact fees, which we were never a fan of as well, it's because we all know ten years is a long enough time. Who knows what's going to happen in 20 years. And then finally, the development fee report. And I think that -- the act is -- -- certainly gotten its fair share of criticism, and rightly so, as there's a lot of issues with it. But one of the things that I think it has done, from a positive perspective, is I think that a lot of the jurisdictions we worked with in the '90s and the early 2000s in Arizona, sort of, lost sight of the fact that impact fees are actually a land use regulation. They're not just TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 14 of 53 simply a -- revenue source. And I think that the impact -- the -- -- or revisions to the impact fees sort of brought that back to the -- forefront. And -- the impact fees need to be viewed as a larger, broader part of an infrastructure financing strategy versus the only thing that a -- jurisdiction uses to fund infrastructure. But also tying up some of the -- some of the requirements for impact fees, you know, one of the things with impact fees is we -- can't correct existing deficiencies with impact fees unless we have a funding plan in place to bring everybody in town up to this new level of service. And so, the -- act sort of tightened up those requirements in terms of basing levels of service -- or basing the fees on existing levels of service. It did have some limitations on impact fees. So for instance, before 2012, jurisdictions could collect development fees for general government facilities. With the change in the act that -- was made illegal unless you had existing debt. As of 2012, you could use the fees to retire that. But it also places some limitations on parks and libraries in terms of limiting the amount of square feet that you can use impact fees for. Like for instance, with recreational facilities, the limit's now 3,000 square feet. And there's not many very -- there's not very many 3,000 square foot recreation facilities, as you can imagine. Also, it eliminated the regional training facilities for -- public safety. It also tightened up some of the requirements for refunds if -- improvements aren't made over the ten-year period. A little bit about, sort of, impact fee basics regardless of what state we're in. They are one-time payments that are -- developed to offset growth related infrastructure demands. We usually collect impact fees at the time of building permit, and that's spelled out in your ordinance. We can't use the funds for general operations, maintenance, or replacement. We can comingle these funds. Within our general fund, we have to account for them separately. We have to publish an annual report each year that shows what our intake was and what our outflow was and what our balance is going forward. And I think it's important to note that it's not a tax. And the reason I say that is because I've been to a lot of meetings around the country where someone refers to an impact TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 15 of 53 fee as simply a tax on new development. And if -- as -- we all know, a tax is primarily revenue raising in nature and depending on the state we're in, you may even have to go to the voters to -- get approval for taxes. A fee is designed to cover the cost of something. So for instance, the town's building permit fees or site plan review fees are designed to cover the direct and indirect cost associated with providing that service. And with impact fees, we have that same type of requirement, except that it's much more stringent. We have to meet three prongs of a legal test. The first is, we have to establish nexus or needs. So we do that through the study. We document where the town is in terms of development today. Where it's going to be in ten years in terms of new housing units, population, employment, and non-residential square footage. We also have to show benefit. And we show benefit in two ways. First, is through the timing of expenditures. And the Arizona impact fee stipulates that you have to spend the money within ten years, so that our timeframe of expenditures. The second way we show benefit is geographically. And in most communities we work in, we don't have to get into benefit areas or service areas because most communities are providing infrastructure on a -- city-wide or a town-wide or a county-wide basis, and Fountain Hills is -- no different. But the idea here is -- in some communities, like in -- Tucson, where we're working now, we do have a benefit area so that -- to guarantee that we're not taking money from the south and building strictly transportation improvements in the north for which nobody benefits from. So that's what we mean by benefit. And then finally, we have to show proportionality, and that's why we just don't simply have a residential fee versus a nonresidential fee, they vary by type of unit. For instance, single-family versus multi-family, retail versus office versus industrial, because all of these land uses have different drivers of demand. So for instance, single-family units in most community have more people per housing unit than apartments. Retail generates more vehicle trips than office and industrial. Office has -- tends to have more employees per thousand square feet than retail and industrial. So we have to make sure the fees are commensurate with that demand. Another thing we have to guard against is new development paying twice. And that's TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 16 of 53 why sometimes within the methodologies we have what are known as "credits" everywhere else in the United States, but we call them offsets here in -- Arizona. And let me talk about the bottom two first, because they're -- sort of baked in to the methodology. So the idea here is that we're not having new development pay twice. Once through paying you the development fee and then through other revenues that I might generate from my house or my business that's going to pay for the same thing I just paid the impact fee for. So for instance, if you're -- if you have a dedicated sales tax, let's say, to parks and recreation, and you're using that to provide capacity, there's a pretty good chance we're going to have to have a offset within the methodology to guard against that -- double payment. Also, when your reusing, you know, general fund revenues to retire debt, a lot of times we have to give a debt service credit within the methodology. And like I said, those are baked into the methodologies. The other type of credit is more site specific and is -- and spelled out in your implementing ordinance. And that's for situations where a developer may provide infrastructure that their -- that the fee is designed to pay for. So a common example of that are road improvements or donating or setting aside, you know, five acres of land for a fire station, but we've got land within the fire impact fee calculation. And so, a development agreement would be entered into between the town and the developer to make them whole so that there's no chance of -- double paying in those types of situations. A little bit about how we calculate fees. And I'm not going to get too much in the weeds here. But there's essentially three ways we can go about calculating fees for the town. One is, you look to the past, we call that a buy-in approach. And that's where jurisdiction, either through foresight or by accident has excess capacity within an infrastructure system. A common infrastructure type we use this for is -- utilities. So for instance, jurisdiction may have an oversized wastewater treatment plant and new growth buys into that excess capacity. Also, you know, we've worked in jurisdictions where let's say a new public safety building opened two years ago and it's been TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 17 of 53 oversized in order to accommodate public safety services for the next 10 or 15 or 20 years. And so, we can craft an impact fee methodology to pay us back for -- a portion of that investment. And that's what we mean by buy-in or cost recovery. The second way we can look at fees is what we call a consumption-based approach. And that's by far the most popular method; it looks to the present. It's very formulaic in terms of how we do it. It basically documents where you are today in terms of for instance the number of park acres per thousand, or the amount of fire station square feet per call -- per call for service. And what does it cost us to buy an acre of park land? Or what does it cost us per square foot to build a fire station or purchase new apparatus? And so, you're basically incrementally expanding the system as growth occurs. And by -- definition, since we're taking a snapshot of where you are today, there are no existing deficiencies within the infrastructure system that we have to guard against new development trying to -- correct. And then finally the third way. The way to think about this is we look into the future, and that's where you have an adopted master plan and -- more importantly and adopted funding strategy. Because a lot of times these master plans, and we typically use these for utilities or transportation, sometimes parks, they may have a 10 or a 15 or a 20-year CIP to them. And in most cases, that -- those plans are designed to raise the level of service. So we have to identify the growth -- versus the non-growth shares. Now you may get bigger or larger impact fees as part of this approach, but it does leave the town open to -- -- or -- leaves the general fund vulnerable because essentially by adopting the fee you've entered into a contract with the development community that you're going to build the CIP. And you're counting on a certain amount of impact fee revenue coming in in order to build that CIP. But let's say a recession happens and that impact fee revenue isn't there, you have to make up the difference with the general fund. And so that's why most jurisdictions like us to use that consumption-based approach because less risk, you're only committing yourself to build to the level that you collect. So if growth is slower, you collect less money, but you don't build as much. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 18 of 53 Growth is faster, you collect more money, and you just have to build to that level of service. So it's often we're asked, well, yeah, what drives you choosing certain methods. So one is -- -- more from a policy perspective. And there -- could be occasions or -- there may be an occasion as part of this study where there may be a fork in the road and we need some policy direction and maybe will there be a work session with the council where we tell you, yeah, you can go this way or this way and here's the policy implications and the financial ramifications of each of those decisions. But we look at the availability of data, you know, how strong the CIPs are. What kind of revenue sources you have dedicated to each type of infrastructure category. You know, what are your existing funding arrangements. What are the levels or service you're trying to achieve. And more importantly, is it financially feasible. And so, those are the sort of the -- -- policy or -- -- data-driven points that we look for and -- -- sort of influence our -- decisions over which approach we're going to take. One of the things that we would propose doing as part of this fee study is what we call a "progressive residential fee structure". Right now, your fees are by type of house, single-family versus multi-family. And so, a 5,000 square foot house pays the same fee that a thousand square foot house pays. In most communities we work with around the country, we can show through census data and linking it to the assessor's database that the larger the house is the more people there are, the more vehicles available, which influences -- the trip generation rates. And so, what happens is is that the larger units pay a higher impact fee, and the lower units pay a lower impact fee which helps with housing affordability and equity issues and -- I can't think of a jurisdiction we're working with in the country that housing affordability isn't a huge issue. It also improves proportionality that we talked about earlier. And in most communities or in every community we work with that does this type of approach, the relationship between the size of the house and the number of people increases and then it levels off at a certain point. And that's the -- that's what differs from jurisdiction to jurisdiction is where that leveling off point is, is it 3700 square feet or is it 5,000 square feet. So that's very TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 19 of 53 jurisdiction specific. And so, that's an option that we would -- encourage you to -- consider. We'll prepare the demographics both ways, but this -- is more of a policy choice between the city -- or excuse me, the town. And with that, I'm happy to answer any questions that you may have about impact fees in general, or the process, or what to expect from -- this point forward. MAYOR FRIEDEL: Any questions? Councilman Rick Watts. WATTS: Yeah, I appreciate the presentation. It's an awful lot of information (indiscernible). BISE: Yeah, it's like drinking from a firehose, right? WATTS: My first exposure to this. How often can you change the model -- UNIDENTIFIED SPEAKER: Can't hear you. (Indiscernible). WATTS: How about now? UNIDENTIFIED SPEAKER: (Indiscernible). WATTS: Now? UNIDENTIFIED SPEAKER: Huh-uh. WATTS: Zero. It's not me folks. [Laughter] WATTS: P & Z, it was me. I never remembered to turn it on. How about if I yell? BISE: Yeah. WATTS: Again, a lot of information. And you're right drinking from a firehose. Came on. Good. How often can you change the model? Can you change it because it's -- as we approach buildout, our revenue streams are going to be lower and I would suspect that a lot of concern is about now we're going to have to downsize some of the staffing in order to support. So can we change the model to make sure we protect our staff as well? BISE: Yeah, good -- so good question. And, you know, your situation in terms of approaching buildout is certainly a consideration in terms of the methodology. So as -- -- communities approach buildout a lot of times you switch to a -- buy-in approach TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 20 of 53 because you've oversize -- a lot of cases you've oversized infrastructure, you're trying to recoup money. In terms of how often you can update. The statute says you have to update every five years. But I think, if I -- remember correctly, because I haven't been asked this question for a while, it's either two years or three years that you can't change the fees once they're adopted, they have to be static unless you -- pegged them to inflation. Right? You -- -- could have a vehicle in your ordinance that says, you know, every July 1st we look at the engineering news and record inflation index and, you know, the fees go up three percent or four percent, whatever the number is. WATTS: So you can make adjustments along the way, but -- RISE: Right. But if you were to adopt a fee tomorrow, you can't do a wholesale change to it a year from now. WATTS: Right. And did we get a discount on your fees because of bringing you from the cold weather to the warm weather? Thank you. [Laughter] RISE: Well, I -- --was about to say when I -- was introduced, this is one my favorite places in Arizona. It is beautiful up here. So it's always a -- -- treat to come to Fountain Hills. So. MAYOR FRIEDEL: Thank you. Thank you, Paul. Next is our call to the public. Town Clerk, do we have any speaker cards? CONTRERAS: Yes, sir. I received no comment cards online. I have seven slips here for call to the public. Mark Graham. GRAHAM: Good evening, Council, Mayor. My name is Mark Graham, I've been in residence for 23 years and a past member of the now disbanded Fountain Hills Citizens Advisory on Streets Committees. I come before you tonight to remind the council and residents of Fountain Hills of the urgency to address the decaying streets. I'm pleased to hear you, Mayor, during your State of the Town speech, where you spoke of the amount of money that we have spent and will be spending on our streets in this coming fiscal year. And that you hope to put the Palomino project on -- the docket for next TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 21 of 53 year. When I last stood before the Fountain Hills council to present our committee's finding and recommendations, we recommended bonds as the likely only viable option to address our street -- serious decaying streets, aka the backlog. The problem with our streets is real and getting worse. We can't wait any longer. We can't have more discussions and more studies; those have already been done. That those things have been done while the residents and the politicians look at this, we just have to move forward. As a town, we cannot budget our way to fix our -- streets. We cannot divert funds from one town bucket to another to fix our streets. We cannot raise enough or create enough revenue streams in the time needed for our ailing streets. Just how bad is the situation? Let me try to put it in perspective. Mayor, again, you mentioned how badly needed the repairs are in -- and -- on Palomino and the number of complaints that you receive from citizens, and rightfully so. There's no question Palomino needs to be addressed. From our -- committee's findings, it's going to be at a cost of about three and a half to four million dollars to do so. According to our committee's finding and based on the road analysis of every single mile of Fountain Hills street -- of the Fountain Hills street network by Roadway Asset Services, Palomino with a quality rating of a C, represents 47,500 square yards of surface area. Would this council be surprised and would the residents be surprised to learn that there are 780,000 square yards of other Fountain Hills streets with the same or worse quality than Palomino? That's a huge number to get your mind around. Let's look at it as a percentage. Palomino represents six percent of the total streets in dire need of repair in Fountain Hills. Hopefully that gives you some perspective. Palomino is -- simply one street in need. And if you live on all these other streets getting your street fixed is just as important as those that navigate the bumps, cracks, and potholes of Palomino. Now is the time. I suggest and challenge this council to address our streets this year before the new election campaign starts to put forth a bond package for approval by our residents that will fix our streets over the next five to eight TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 22 of 53 years so all streets can be maintained with a reasonable annual budget. Thank you. MAYOR FRIEDEL: Thank -- you. CONTRERAS: Crystal Cavanaugh. CAVANAUGH: Good evening. I haven't yet seen this reported in the Times, but following the behavior demonstrated at the January 21st meeting, I was compelled to file ethics complaints against two sitting council members, Kalivianakis and McMahon. I filed it. Crystal Cavanaugh, an individual, a resident and voter in Fountain Hills and frequently town council attendee. While I am indeed the chair of a local political action committee that addresses issues and generally represents the viewpoints of about 57 percent or more of the residents and voters in this town, these ethics complaints were not filed by Reclaim our Town. In other words, not filed by ROT. If you hear otherwise, that is misinformation. Our board consists of two people, and we promote transparency in our local government, fiscal responsibility, selective development, and a generally conservative philosophy. There was no such thing as a ROT ticket in 2024. This term was used at the last meeting and in other meetings in an attempt to classify, diminish, or insult us, and council and commission members. This PAC accepts local donations to help with mailings and signs for messaging during political cycles, period. None of you were listed on any of our 2024 political signs and no one received funding from the PAC. Reclaim our Town represents the views of many people in this town, so each time you attempt to use the word "ROT" as an insult, just remember, you are insulting many constituents. The ethics complaints were not politically driven, but behaviorally driven by the disrespect shown from the dais, especially towards Councilman Watts and Commissioner Corrigan. For those who witnessed or viewed this meeting, keep these words in mind from our town's code of ethics policy. "Be dedicated to the highest ideals of honor, ethics, and integrity in all public and personal relations. Engage in constructive conversations and debates that encourage the exchange of ideas while avoiding personal attacks or derogatory language. Refrain from making disparaging remarks or verbal attacks upon the character or motives of other members of the TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 23 of 53 council, boards, commissions, the staff, or the public." In my opinion, the personal attacks, the prepared disparaging speeches, and accusations made by the two council members, demonstrated a blatant disregard for the ideals listed in the ethics policy. And they could not go unchallenged for fear that there would be further escalation of such behavior from the dais. Thank you. CONTRERAS: Shelby Blecker (ph.) BLECKER: Good evening, Mayor, Town council, and staff. Shelby Blecker. Two weeks shy of being a one-year resident of the town. Couple things I wanted to talk about tonight. One, I have a question that's going to help me on a project I'm working on in regards to speed limits. There's a state-mandated school speed limit of 15 miles an hour, and on Palisades, we have a school speed limit of 25 miles an hour. I don't know why. I'd like to know how the town gets around it because it would help me out and I'm sure other residents that might know about the state-mandated speed limit law might be interested in that. The other issue I wanted to talk about is social media and PACs and their influence on the town and the influence on the council. When you don't get your way on social media or in a PAC, you typically resort to misinformation or false narratives or omissions of facts. And I think we have that going on in regards to how a PAC in town, Flourish Fountain Hills, treats all of you. And Mayor, I think someone on your council can have a conversation with them and clear these things up. Point in case, in a recent post on Facebook in regards to an issue that came before the council at the last meeting, they say it is absolutely inexcusable that by a 5-2 vote, Toth -- the town council rejected the recommendation for public works director Justin Wendy (sic) to pursue the $240,000 Safer Streets and Roads grant from the U.S. Department of Transportation. This vote was not just a missed opportunity, it was a failure to prioritize the safety and wellbeing of our community. The decision was a blatant disregard for the very people who elected them, residents who expect the local government to put safety first. Now the omission of facts here, nowhere in this six-paragraph post, is the idea that the TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 24 of 53 town would have had to have spent $60,000. There's no name on this post; I have to assume it's the administrator of Flourish Fountian Hills. If they would like to write a check to the town for $60,000, I'm sure the town would like to go ahead with that post, with that recommendation. And the next thing is, is they're talking about safety. It was a study. And nowhere in here does it talk about that money being used for a study. They lead you to believe that this was for streets to be built. For some type of construction to be done. I, for one, am getting annoyed with this attitude, and I'm sure more people in town are also being annoyed by this misinformation, omission of facts, and false narratives. Mayor, please see if you can talk to somebody on your council to get this information to stop. Thank you. CONTRERAS: Clayton Quarrey (ph.). QUARREY: Good timing. Hello. Clayton Quarrey, ten-year resident. I wanted to address the council to talk about the safe streets grant that was just brought up. That was awarded but ultimately rejected at the last town council meeting. The grant was an opportunity to improve street safety, and I urge the council to reconsider it. It was awarded to us because our town staff identified safety concerns in our roads. It was intended to fund improvements like safer crosswalks, better lighting, traffic calming measures, infrastructure updates that would make our streets safer for everyone Rejecting it doesn't eliminate the risk. It only means that when we address them in the future, we'll have to use more of our own funds. I understand there were concerns raised about Vision Zero, but from my research it's simply a traffic safety study used by cities and towns across the country. The goal's to reduce fatalities and injuries by using safety measures like better signage, road design improvements, and data-driven planning. There's no federal mandate that would force us to adopt outside policies. I also heard concerns about equity related language in the grants. So I wanted to point out that in our own town staff outline, equity means, for Fountain Hills, including recognizing our neighboring community, the Fort McDowell Yavapai Nation. It have -- TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 25 of 53 has different transportation needs than we do. And that we're taking steps to ensure our roads, our walking paths, and our bike networks serve all users effectively. It's about practical steps like just engaging with the residents to understand their needs and ensuring our road projects improve accessibility. These are actions we've already committed to as a town, not something new. And there was also concern about if the government could audit us and try to take money back if certain criteria was not met. But I think in the proved application, all the necessary boxes were checked before awarding the funds. So unless there was fraud or misuse, there shouldn't be any risk of repayment concerns. And now we've already made major strides in enhancing bike lanes, walkways, climate resilient infrastructure. Over the past two years, we've added nine miles of bicycle lanes, and as mentioned in the application that I read, our town prioritized climate resilience and environmental justice by incorporating shaded pathways, safe pedestrian areas, and emergency access routes. Improvements that benefit everyone in our community. The grant would allow us to build upon these efforts, ensuring we continue to make smart, long-term investments in our town infrastructure. But by turning down the federal grants, we're effectively choosing to pay for the same projects out of our own local budget, or worse, ignore them altogether. If we later decide the improvements are necessary, and we likely will, we'll have to divert funds from our own other town priorities. So why would we pass up on federal dollars for projects we already need? So in closing, I urge the council, if it's possible, to reconsider the decision for our town's safety, infrastructure, and financial future. Thank you. CONTRERAS: Beth Culp. CULP: As I sat here listening, I almost felt sorry for you, Mayor, because a night, with all your other jobs you're the speech police. So tough job. Good evening, council members and Mayor, my name is Beth Kulp, and I am a resident of Fountain Hills. As I sat here last week and listened to the vote taken on the release of the Campanelli Report, I was shocked. I -- not so much because the release was done, TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 26 of 53 but it was done, it seemed to me, without an understanding of the ramifications of having released the report the way you did. First, there was the violation of the open meeting statute. That item was not on the agenda. I can guarantee you if it had been, if I had known that there would be consideration of that issue, I would have signed up to speak to it, because I have a very grave concern about the manner in which you decided to release this information. I'm not sure that the council understands that the attorney-client privilege doesn't attach to a specific document. It attaches to legal advice that is communicated in confidence. And it will remain privileged as long as that advice remains confidential. So I can see that there could be a reason to release the report to the members of the Planning and Zoning Commission, because you could protect the confidence that way. You could say they are in the zone of people who deserve to have this advice. But once you release it to the public, because you believe that because they paid for it they should get to read it, what you've done is you have made that legal advice available to the public too. What that means is Mr. Campanelli, who wrote this report, could be deposed in litigation about the advice he provided to the council. He could be a witness at a trial if the town is sued by AT&T or its insurance carrier or anybody else. He won't or shouldn't be allowed to be your consultant anymore because he can be -- all his advice can be discovered; it can be disclosed. So that was a ramification I don't think that you took into account, and it had grave consequences. Because let's just say for example that Mr. Arnson issued an opinion advising the council that it was unconstitutional. That could be disclosed in discovery. So in conclusion, I have submitted a complaint to the Secretary of State for the open meeting violation. I think the consequences could be very serious and I hope in the future that you will make sure that items are put on the agenda before they're voted on. Thank you. CONTRERAS: Lisa Weeks. WEEKS: Good evening, Mayor, town council, staff. My name is Lisa Weeks, I'm a new TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 27 of 53 resident of Fountain Hills. I attended my very first town council meeting two weeks ago. And I have to tell you, I was disappointed and dismayed at the undignified and unprofessional tone of the meeting. I wasn't prepared for the partisanship and ranker and frankly the chaos coming, not just from the council, but also from the audience in attendance. I sat toward the front on that side and there was a group of people seated behind me who talked and muttered and seemed to become agitated whenever councilmembers McMahon and Kalivianakis spoke. At one point, there was laughing and mocking when councilmember Kalivianakis was speaking. I was surprised when the Mayor didn't use his gavel and ask them to stop. From my perspective, it seemed like councilmember McMahon was blindsided by the motion to release a privileged document, and she was concerned that the motion wasn't on the agenda. She also expressed a concern that the designation of a point person would interfere with her ability to engage with staff and communicate with the town attorney that Councilmember Watts was an inexperienced council member, and that Watts had expressed a strong bias against 5G technology. But mostly that she was concerned that the council had violated the open meeting law. That is a very valid concern in my eyes. The town attorney came right out and said that the motion to release the document was not on the agenda. After he said that, the whole council should have been concerned. And I couldn't understand why they went ahead and voted. Nobody would listen to him, and nobody would listen to her. Councilmember Kalivianakis expressed her concern that appointments that have been made by the mayor were based on partisan politics. He told us she was out of order. And when Councilmember McMahon attempted to respond to a question, the mayor asked her, he banged his gavel and told her she was out of order. The entire proceeding I felt was unprofessional and undignified. As I understand it, it is the mayor's job to control the decorum of a meeting, and he failed to meet the challenge. He didn't control the audience members and ensure that the council members all addressed one another with respect and civility. It seemed like he only used his gavel to silence somebody who had challenged him. I hope this isn't indicative of the partisanship of what we have to TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 28 of 53 look forward to. I expect better. CONTRERAS: Mayor, that was the last speaker. MAYOR FRIEDEL: Thank you. CONTRERAS: Oh, yeah, (indiscernible), I take that back. Nora Leone. LEONE: Yeah, that's (indiscernible). CONTRERAS: Thank you. LEONE: Thank you. I'm Norah Leone. I'm ten-year resident. I'd just like to tell you all thank you for the sidewalks. Mayor Friedel, you have put on your Facebook that you were thankful for the crews out there working, I'm not sure if you really mean that when I hear that you've turned down more money for additional sidewalks. But thank you anyway for pointing that out. It's good to see that you are behind all the sidewalks. I love them, I use them frequently. I love the sidewalk to nowhere that I've heard about that goes between the dog park. You just mentioned, several of you, the dog park how wonderful that was. I use that crosswalk all the time and I like it. I like the little four- way stops with blinking lights. Those seem like those would fit into the safety money that you have recently turned down. My husband and I have always told our daughters with the 401ks, it's a no-brainer, that's free money. Put your money in, get the investment from your company, I -- we feel the exact same way about this grant that you have let go by. We put in 60,000 to get 240,000, if I understand this other speaker. So yeah, that seems exactly like a businessperson, a republican, a democrat, anybody wants free money. I want the free money for our town. I notice people here are all dog and cat lovers. Crystal (ph.) has a dog that she walks in her stroller and so do many other people in town. Sidewalks are wonderful for those dog strollers. And someday, I will probably need a walker myself and I would like to have sidewalks. I appreciate being able to get to my coffee. I noticed that the businesses in town love foot traffic and we are trying to get more businesses in. You've talked about the Alzheimer's Group. A lot of Alzheimer's people walk slowly. They need a sidewalk. So anyway, I thank you for the sidewalks we have. I look forward to more sidewalks in the future. I look forward to us all getting along with our dogs and cats in future TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 29 of 53 meetings. Thank you very much. MAYOR FRIEDEL: I will ask the Town Manager, have -- we rejected any funds for sidewalks? I don't think we have, have we? GOODWIN: Not for sidewalks, per se. MAYOR FRIEDEL: Okay. GOODWIN: Specific, I should -- LEONE: I thought safety -- I thought the safety thing was all about sidewalks. MAYOR FRIEDEL: On construction, that's to do a study. LEONE: Oh. MAYOR FRIEDEL: So we --'ve never rejected money for sidewalks. LEONE: Oh, okay, well, good. Well, keep it up. MAYOR FRIEDEL: All right. LEONE: Let's do more studies, bring in more money. Thanks. MAYOR FRIEDEL: Thank you. Okay, next we'll move on to the consent agenda items. If nobody has any questions on the consent agenda items -- WATTS: I got one question. MAYOR FRIEDEL: Rick's got a -- Rick's -- Councilman Rick Watts has a question. WATTS: Which one was it. I just recently learned from Paul (ph.) about the -- SOLDINGER: Metropolitan Trust. WATTS: -- Metropolitan Trust. And I think it would be good because it's on the consent agenda if you could just give an overview of what it is so that the public as a whole can see it or hear it. MAYOR FRIEDEL: We'll -- have to remove -- SOLDINGER: And do it. MAYOR FRIEDEL: -- that from the consent agenda to talk about it, right? UNIDENTIFIED SPEAKER: Yeah we would need to pull that -- MAYOR FRIEDEL: Yeah. UNIDENTIFIED SPEAKER: -- and that would become -- MAYOR FRIEDEL: Okay. That'll become the first one on the regular agenda. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 30 of 53 UNIDENTIFIED SPEAKER: Correct. WATTS: Okay. MAYOR FRIEDEL: All right. So we'll -- we'll remove F, which is the adoption of the resolution 2025-01, authorize the renewal of the Town of Fountain Hills' membership in the Arizona Metropolitan Trust. So we'll remove that from the consent agenda item. Can I get a motion? UNIDENTIFIED SPEAKER: Motion to approve A through E. WATTS: Second. MAYOR FRIEDEL: Rollcall please, Town Clerk. CONTRERAS: Councilwoman Earle. EARLE: Yes. CONTRERAS: Councilmember Kalivianakis. KALIVIANAKIS: Aye. CONTRERAS: Councilmember Watts. WATTS: Aye. CONTRERAS: Councilmember McMahon. MCMAHON: Aye. CONTRERAS: Councilmember Skillicorn. SKILLICORN: Yes. CONTRERAS: Vice mayor Toth. TOTH: Aye. CONTRERAS: Mayor Friedel. MAYOR FRIEDEL: Yes. CONTRERAS: Seven to zero. MAYOR FRIEDEL: Thank you. So we removed F, and now we'll have that as our first regular agenda item. GOODWIN: We're going to have Dave (ph.) Trimble set that -- MAYOR FRIEDEL: Dave Trimble, yeah. GOODWIN: Yes. He'll give -- be happy to share an overview of the item. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 31 of 53 MAYOR FRIEDEL: Thank you. David. TRIMBLE: Absolutely. Thank you, Mayor, Vice mayor, council. The Arizona -- Metropolitan Trust is something that the town has been a member of for the past nine years. Every three years we are required to reup our membership. So it's been three years, so we're here to reup that membership. It allows us to get better group buying power for our employee benefits. So medical, dental, vision insurance, it also includes life insurance. That's really the main overview. It allows us to get that discounted pricing. We're in this trust with ten other -- nine other entities, so a total of ten entities. Other cities and towns around the Valley are the primary members. You know, this buying power wouldn't be possible with our low membership count. So it allows us to -- get that -- those lower rates. The trust also sets the actual premiums and also the plan design. So we have the primary decision making on those items, whereas, if we were up with Cigna or a large company like that, we wouldn't necessarily have the decision making that we have. So that's the main overview. Anything in particular I can certainly answer? MAYOR FRIEDEL: Councilman. WATTS: First, I got to apologize. I pointed at Paul; it wasn't Paul, it was David that gave me the in-depth understanding of what it is. TRIMBLE: Sure. WATTS: An order of magnitude, we've got these nine or ten other entities, what percentage of that nine or ten are we? Because anytime you're in a coop, if we're ten percent of that volume, if we're five percent, I have a feeling that it's a small percentage of that order of magnitude of the combined nine, ten. TRIMBLE: Yeah, good question. We are kind of a mid-size member, I think. We're -- there's towns that are smaller. We have about a hundred members. I would say the main thing to know is that each member has one vote. So it's kind of an equal footing that all the members have. And that's kind of the way the trust was set up, really to avoid the -- kind of the insurance game where you get this teaser rate from one of the large insurance companies. And then, sure enough, a year or two years from now, you TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 32 of 53 know, the rates go -- up unexpectedly. So we are -- I don't -- have the exact numbers, but we're -- kind of a mid-size member. Larger ones would be Apache Junction is in our trust; El Mirage is probably a little bit bigger. So we're kind of in that middle -- range. Litchfield Park is smaller. Youngtown would be smaller. Cave Creek just joined. So give you an idea. WATTS: Thank you. And again, my apologies. TRIMBLE: Oh, no worries. WATTS: To you and Paul for that. TRIMBLE: No worries at all. MAYOR FRIEDEL: Thank you. TRIMBLE: Thank you. MAYOR FRIEDEL: We'll move on to our regular -- other regular agenda items. EARLE: Do we need to make -- MAYOR FRIEDEL: I'm sorry? EARLE: Do we need to make a motion? GOODWIN: Mayor, I think we -- do. I think we need action on this. MAYOR FRIEDEL: Oh, yes, that's right, yeah, we do. We need a motion. EARLE: Okay. I'll make a motion -- MAYOR FRIEDEL: A motion -- EARLE: -- to adopt Resolution 2025-01. WATTS: Second. MAYOR FRIEDEL: Second. Okay. Rollcall please, Town Clerk. CONTRERAS: Councilwoman -- excuse me, Councilwoman Earle. EARLE: Yes. CONTRERAS: Councilmember Kalivianakis. KALIVIANAKIS: Aye. CONTRERAS: Councilmember Watts. WATTS: Yes. CONTRERAS: Councilmember McMahon. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 33 of 53 MCMAHON: Aye. CONTRERAS: Councilmember Skillicorn. SKILLICORN: Yes. CONTRERAS: Vice mayor Toth. TOTH: Aye. CONTRERAS: Mayor Friedel. MAYOR FRIEDEL: Aye. CONTRERAS: Seven to zero. MAYOR FRIEDEL: Thank you. Okay. I see John Wesley is here for our next agenda item, which is consideration of possible action for considering extending an SUP. All yours. WESLEY: Mayor, good evening. Yes, I'll be -- breathe through this fairly quickly, you've seen it a couple of times before. Just as some background, residential uses are allowed in commercial zoning districts through approval of a special use permit. When it's approved, that special use permit is valid for up to six months, during which time they're supposed to have at least submitted for their building permit and then another six months to get their building permit issued if they may request extensions. In this particular case, we're talking about an SUP that was approved for property up on El Pueblo next to Ivory for a seven-unit apartment building. This was approved almost a year ago and it's been extended once back in August with the goal of having a building permit ready for issue by this time of --2025. The applicant is moving forward. He's -- had a couple of hurdles to cross along the way. We have recently received his latest revised site plan, it looks like it's approval at this point. His goal is --- he's been working on the building permit plans at the same time and so his goal is to get the building permit submitted very quickly. And we should be able to also then issue that building permit fairly quickly. There have been no significant issues, changes in the neighborhood since the SUP was approved. We'd note that the neighbors adjacent to this property were very supportive of residential development on this and -- didn't want to see commercial development TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 34 of 53 happen with this particular piece. And so, staff is supportive of the extension of the SUP for another six months. MAYOR FRIEDEL: Any questions? John, I have one question. Do you know the reason for the -- delay in the -- process? WESLEY: Mayor, it's not been anything specific, it's been a number of things. Part of it has been he also needs to develop the alley that's behind there and some of the engineering work that has gone into that. And some of the engineer and surveying work that's been available previously in town has not been as readily available. And he's also just involved in quite a few projects currently in town. I think it's kind of a combination of those things; it just slowed down this process. MAYOR FRIEDEL: Thank you. Councilman Skillicorn. SKILLICORN: Thank you, Mr. Mayor. I think there was another councilman that was ahead of me in line, but I can -- butt in, but I don't mind. MAYOR FRIEDEL: Sure. SKILLICORN: I -- actually just want to just comment on this. Is that I don't know if -- I don't believe that a residential is really appropriate this. I'd rather have a commercial development there that can collect sales tax. And I don't see the upside of having more high density, more urban needs its own island in this part of town. So I will be opposing it because I would prefer to have something that collects sales tax. MAYOR FRIEDEL: Councilman Watts. WATTS: John, do you know if we, with the SUP, Mayor Friedel alluded to it that what's the problem, why -- is it taking so long? We have time limits on when a building permit has to be pulled and I believe that's one year if I'm not mistaken, is that correct? WESLEY: That's correct. WATTS: Okay. In this particular case, my concern is more around packing this many units into a small piece of property. And the long-term vision of that is having those garages converted to living spaces and then parking out in front. Do we have the ability to prohibit that, the -- conversion from garage to living space? WESLEY: Mayor and Councilmember Watts, the -- because of the SUP, I -- believe we TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 35 of 53 would have that ability. It would be an amendment to that site plan associated with the SUP to make that conversion. And so, that would come back then through an amendment to the SUP, which would go back through that review process. WATTS: Okay. And I -- think that that -- I think we've got this same issue on the next agenda item as well. That's too many properties in a small area. And I'm just afraid that it's going to turn into parking out in front and congestion and nightmares. So if we make that a motion to move forward or when we make the motion -- if you want me to make the motion, I'll move to approve -- which one is it -- there it is. Approve SUP 23-000006 with the amendment that we restrict the garages from ever being converted to living space. TOTH: Second. EARLE: I still have a question, Mayor. MCMAHON: I have a question, Mayor. EARLE: I have -- a question if you don't mind. MAYOR FRIEDEL: Okay. Councilwoman Earle. EARLE: Are you saying nothing has been started with this at all? It's just in the planning stage still, correct? WESLEY: Mayor and Councilwoman, yes, it's still in the planning stages, he's been working on the site plan for -- EARLE: Okay. WESLEY: -- an advance on the building permit. The site plan is ready for approval. MAYOR FRIEDEL: Councilwoman McMahon. MCMAHON: Thank you, Gerry. When we approved this last year, there was no stipulation like that. It was just pure -- there was no indication that they were going to use any of the garages for living spaces or anything like that. And I think that was because of parking issues, et cetera, right? WESLEY: Mayor and Councilmember, there was some discussion of parking back originally with this application, but there is a large parking field there for that commercial subdivision. Typically, residential uses less parking than commercial does. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 36 of 53 And with the garages, we ultimately determined there were no specific issues that we did not specifically discuss the idea of what if the garages are converted into living space and how that would impact. But I guess I'm going to put our attorney on the spot here in just a moment. This is on -- the agenda as an extension without any notice that we may change the condition of the SUP. And the last I looked, the applicant is not here. So I'm not sure if that's something we can add at this point. ARNSON: So often times when you have a zoning item in particular, if the item is reasonably related to the agenda item and there's -- it's at least reasonably unnoticed that it -- can be thrown in there, I'm okay with that. If it's something that you think the applicant would need to discuss, my recommendation would be that you continue the -- item to another agenda so that the applicant can be present. But ultimately, that's council's call of what you want to do. MAYOR FRIEDEL: Go ahead. Councilwoman. EARLE: Thank you. Will time permit with the request for the SUP so that it has what we voted on last time won't expire? Will that allow the time permit, and do you think that he would be willing to come here and talk about that? Because I was concerned about that as well. Because we've already agreed and voted on a certain SUP for this. WESLEY: Mayor and councilmember, I can't speak for sure that the applicant would be able to be here at the next meeting. I imagine he would be. The -- I've lost track of the first part of that comment. But would you mind restating because the first part I think was the most -- more important part of that comment that you just made. What was your question? MAYOR FRIEDEL: Is he able to be here? WESLEY: Yeah, that I don't know for sure. And it seemed like -- and then there's another part to that. Oh, the -- site plan. Because he has submitted the request, that's what the ordinance says, is submit your request for extension before the end of six months, it doesn't say it has to be acted on. So no, it won't affect him if you delay. EARLE: Okay. Thank you very much for that clarification. I appreciate it. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 37 of 53 MAYOR FRIEDEL: I think we should get input from the applicant if that's what -- if that's what everybody wants to take a look at. KALIVIANAKIS: May I address the council, Mr. Mayor? MAYOR FRIEDEL: Councilwoman. KALIVIANAKIS: Thank you, Mr. Mayor. I would be against the amendment. This has been something that this applicant put in for a long time ago and now he -- needs a couple more months to get this thing done. And let's just give the poor guy his extension for God's sakes. For this council to be micromanaging things from the past and to change the rules on development and when people come before this body, it seems a little bit unfair. This was exactly the concern and the complaint that Bart Shay made about Park Place. Was that different councils come in and the rules change. It -- just -- for this guarantee about there's people sleeping in garages, it just seems like it's going way out of the way for something that, again, it's just -- a solution looking for a problem. I mean, there's no problem here, just let's give the guy the time and -- get on with this project. The time to talk about zoning and whether this should be commercial or this should be residential happened a long time ago. And now, for us to come back and relitigate zoning issues that were decided by previous councils, this is a never-ending rabbit hole and I -- just think -- I -- don't -- want to bring this back, I don't want to bring this poor guy back here. I just would -- I would like to put -- and -- I guess there's an amendment on the table. But I would just like to move to approve as is written. MAYOR FRIEDEL: Councilman. WATTS: If there is no long-term vision of the applicant to convert those garages into living space, there should be no issue. It's not going to delay; it won't hinder anybody. And whether or not it's intended or not, it's that there's a very tight parameter, it's a zero-lot line it looks like for the most part, and you -- we have parking issues throughout town for people parking on streets, parking in driveways, and we're trying to remove some of that, I'll call it blight for lack of a better word. Cars that are stationed out there, so I'm not going to change the motion to approve with the amendment to make sure TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 38 of 53 that it -- living spaces can't -- garages cannot be converted to living spaces at any point. MAYOR FRIEDEL: Did you want to say something? No? TOTH: Sure. MAYOR FRIEDEL: Vice mayor. TOTH: Yes. So is there any inkling that they were planning on making the garages living spaces? Have we had a hint of that at all? WESLEY: Mayor, Vice mayor, no, not at all. I would be very surprised if this owner would ever consider something like that on this property. TOTH: Okay. So there's clearly no inconvenience to that applicant or his site plan should we add that stipulation, correct? WESLEY: Again, Mayor, Vice mayor, in my opinion in visiting with him, no, but again, I can't really speak for him with authority. TOTH: Right. So I would be supportive if we were to decide to continue this to hear from the applicant in case there is something we're not foreseeing. But if we do not want to amend the original motion, I'd also be supportive of what Councilmember Watts has said. I -- will bring up really quickly that as our town attorney stated, this is related to the item on the agenda. That is standard practice. That is a precedent that has been around since before any of us. And you may have seen that last week. Thank you. MAYOR FRIEDEL: Councilman. WATTS: One last comment. It isn't so much the issue of the applicant intending to convert, it's the long-term look. Because so many developers build these things, turn them over in three, four, five years, whatever the IRS says you can turn them over. And then they can be converted to anything. So with the intent of the SUP staying with the land, with the property, that's why I'm concerned about parking in front because it's such a tight piece of property. But if he has no reservations about it, then he's just going to say, okay, and we're going to move forward with it. Thank you. MAYOR FRIEDEL: Councilwoman McMahon. MCMAHON: Thank you. Appreciate the discussion because it makes you think about TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 39 of 53 what we do -- what we approved last year was a special use permit. And I don't know, I mean, Aaron, is it really that close in nature? Because I feel like, now that we're talking about it, we're second guessing that. We've already approved this for him. This is an extension. So I'm concerned that we're adding things on to it and stipulations that weren't there when this SUP was approved. And I -- don't recall ever seeing that happen during my time on council. ARNSON: Are you all looking for -- you're looking for an answer? Okay. Good. Good. I'll -- reiterate my -- prior statement that particularly with zoning items, if there's something that's reasonably related that it's foreseeable, that it could come up, then I -- motions change, suggested motions change when it comes to zoning items, it just happens on the regular. If it's not reasonably foreseeable and I can't sit here today and tell you which category this falls into, then my recommendation would be to continue -- would be to continue it so that there's adequate notice to the applicant. So I'll reiterate the same statement I made earlier. MAYOR FRIEDEL: Councilman Watts, if the applicant comes in and says he has no intention, can we approve it as written? WATTS: Again, it's not the applicant. It's who the applicant potentially sells this to, who they transfer ownership to that can convert at some point. So I fully believe that the applicant has no intention of converting these to living spaces after we approve the building permit, but I don't know what the next person is. And with the concept of the SUP and conditions attached sticking with the property, I want to make sure that they don't do that and end up with four or five people, multiple cars and so on on the property. That's all. MCMAHON: Well -- thank you. MAYOR FRIEDEL: Councilwoman. MCMAHON: Well, to me, that changes the whole scope of what we're looking at. You're changing the SUP then because when we grant -- when SUPs are granted, we grant it to the person asking, it goes with the property. You know, we don't sit here every single time, that I'm aware of, and say, well, what about the next owner, what TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 40 of 53 about this owner, et cetera. We're taking a picture at the time that we granted the SUP. And I think having what you said just changed, you know, the whole -- motion, so to speak, because we're adding to it and I don't think that's a reasonable addition now. Because, you know, we'll be second guessing at every SUP -- we look at from now on. We'll go oh, well, what's the next owner going to do? Well, we don't know what the next owner's going to do. And so, again, I'm going to go with that mind, I'm now, I'm going to go back to we already granted this person the SUP as it is. We don't have a crystal ball in the future. I don't think that we could sit here and put additional stipulations on him when it's already been granted. And I know I'm not explaining myself very well, I'm sorry about that. But I would personally like to just stand on the SUP because it's almost a yo-yo effect for a person that's going to come in and ask for an extension on their SUP. MAYOR FRIEDEL: John, I think you have something to say? WESLEY: Yes, Mayor, if you don't mind. As I have an opportunity to think through the situation just a little bit more and where we're at and the options in the future. So if we didn't add the stipulation on as I stated before because of the site plan that's there that shows the garages. To change that part of the SUP, it would require the applicant to come back and request that change. If you put the stipulation on that they can't convert it, that doesn't stop a future owner from coming back and requesting that stipulation to be removed. So either way, I think it get where to the same spot to where if a change is going to happen, they're going to be back before you. MAYOR FRIEDEL: Yeah. So if they want to convert it at a future point in time, they have to come through us. WESLEY: Right. MAYOR FRIEDEL: Right. Yeah. So we have some built-in protection there. WESLEY: Right so either way if you -- MAYOR FRIEDEL: I'm sorry. Councilman Watts. WATTS: And -- again, it isn't -- we have a tendency to look at the end of our nose sometimes. And I think we have an obligation to look five years, ten years down the TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 41 of 53 road at what could be. Because a lot of things that we've approved in the past have come back to be problematic. And if we can nip it in the bud, then that's what I think we should do. And if he has to come back for a conversion at some point if they sell it, then we have another issue and we can vote on it -- that at that time. MAYOR FRIEDEL: Councilwoman Earle. EARLE: I just want to understand it -- if I read this correctly, the extension expired January 20th. MAYOR FRIEDEL: Yes. EARLE: Is that correct? MAYOR FRIEDEL: Yes. EARLE: So he doesn't really have it right now, so we're -- how does that work, is there a grace period? WESLEY: Right. So again, Mayor, Councilwoman Earle, he filed requesting the extension before the deadline. EARLE: Okay. WESLEY: I guess that's all that was really required. EARLE: Just wait for us to -- WESLEY: That we can get it onto the agenda. EARLE: Okay. WESLEY: Right. EARLE: Okay. Thank you. MAYOR FRIEDEL: Councilwoman McMahon. MCMAHON: Thank you very much. I feel like we're creating an issue that is a non- existent issue. And again, we've already approved the SUP. The guy is just asking for an extension. So to redebate it and relook at it, I'm -- I think we're going beyond what his request is and creating an issue that doesn't exist. So I -- I'm not for, I'm for just doing a straight motion to approve it as is. Because there are -- like Gerry, the Mayor said, there are safeguards already built into it. So thank you. MAYOR FRIEDEL: Vice mayor. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 42 of 53 TOTH: I'll keep this short because I think everybody wants us to go ahead and vote on this. But with this SUP, it's okay to admit things, and I didn't have the foresight to think of that last time we voted on this, right. I'm grateful that Councilmember Watts does have the foresight and I understand that it is not necessarily typical for us to say what could happen in the future, but it should be. We're the council, that is our job is to think of what can happen in this situation. There's a reason this SUP wasn't on our consent agenda. This is something that we're supposed to put a lot of thought into. And therefore, Councilmember Watts -- or, sorry, Mayor, if I may address Councilmember Watts. Councilmember Watts, if you might be willing to amend your motion to a continuance, I'd be happy to support that. MAYOR FRIEDEL: Councilwoman Kalivianakis. KALIVIANAKIS: Thank you, Mr. Mayor. And I, too, will try to keep this brief. But, yeah, I -- just have a problem with basing passing this tonight based on conjecture or hypothetical situations of what could happen in the future. If they did want to convert that to living space they -- would have to come before Developmental Services, back to Planning and Zoning, and back before the council. And so, we're trying to prevent a problem that if they wanted to do what Councilmember Watts is suggesting, they would have to bring it back anyway. So that's why I'm saying it's prudent to just approve it right now. And if our Economic Develop Manager Amanda Jacobs was here, I -- think she would back me up on everything that this body does is being looked at by a lot of people all over the state, Phoenix Business Journal, Phoenix Business Exchange, word of mouth, it gets around. What's it like to go before the Fountain Hills Town Council? And the damage I think it could do to our reputation to create -- problems that don't exist to address them when they would be addressed anyway in the future, it's bad public policy. And people are going to be very hesitant to come before this council with anything new because this is the council of no. And just because we have the power to jam this project, doesn't mean we should exercise that power. So I think we should approved 2306 and just be done with it. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 43 of 53 MAYOR FRIEDEL: Councilman. WATTS: Every one of our building codes is forward looking. Every one of our building codes, whether it's plumbing, mechanical, electrical, framing, roofing is forward looking for the potential for unintended consequences. If somebody can come back and ask for an SUP, I don't see anything wrong with that. I think that by doing so, we make sure that fire compliance, electrical, plumbing issues are all addressed in -- in accordance with our building codes. Without something that prohibits the -- that, they can put anything in they want without concern for code. So I'm not going to change the amend -- the motion, and I'm asking to vote on it as is. MAYOR FRIEDEL: So we have a motion. Do we have a second? We do? UNIDENTIFIED SPEAKER: I think Hannah did. MAYOR FRIEDEL: Oh, Hannah did. Oh, okay. So roll call please. Oh. MCMAHON: What's the motion? MAYOR FRIEDEL: You want to restate the motion? WATTS: Sure. The -- motion is to approve the SUP 23000006 with the -- with the amendment that at no time in the future can the garages be converted to living quarters. MCMAHON: I thought that we were going to -- if that -- if this passes, is the guy going to come back in or? WATTS: No that was the motion. MAYOR FRIEDEL: Yep. WATTS: I can't hear her. MAYOR FRIEDEL: That -- was the motion and in the end there was second, so we have to vote on that motion. Please. CONTRERAS: Councilwoman Earle. EARLE: Yes. CONTRERAS: Councilmember Kalivianakis. KALIVIANAKIS: Nay. CONTRERAS: Councilmember Watts. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 44 of 53 KALIVIANAKIS: Yes. CONTRERAS: Councilmember McMahon. MCMAHON: Nay. CONTRERAS: Excuse me. Nay? MCMAHON: Nay. CONTRERAS: Councilmember Skillicorn. SKILLICORN: Mayor, may I explain my vote? MAYOR FRIEDEL: Yes. SKILLICORN: Even though I prefer this to be a commercial project with sales tax generation, I do find that the amendment is compelling enough in this particular case to support it. So yes. CONTRERAS: Vice mayor Toth. TOTH: Aye. CONTRERAS: Mayor Friedel. MAYOR FRIEDEL: And I'm going to explain my vote. I'm a no. Although I appreciate Councilman Watts' intuition, I think that the applicant should be heard from. So I'm a no. CONTRERAS: Four yeses, three nos. MAYOR FRIEDEL: Okay. I'll move on. Thank you. Okay. John, are you on this one too? Cut and fill? Go ahead there. WESLEY: Yes. Mayor, this is a request for a fill waiver for 15457 East Sycamore Drive. Just again very briefly, section 503 of the subdivision ordinance sets out some parameters for how much cut and fill can occur on a property. Ten foot by right can be cut or filled. We've had this standard in place since 1996. The code also provides opportunity for the town council to approve waivers to back cut and fill. So this particular property as noted is on East Sycamore. And so you can see the map here where this lot is, first one west of some -- built lots. And you can see the contours on here, it's a very steep lot. They're proposing to build the house up near Sycamore. Even with that, because of the -- grade it takes a pretty long driveway to work around TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 45 of 53 through that slope to get down to the garages on the west side of the property. In reviewing the -- building plans, we found some areas in the site plan where they're exceeding the amount of fill, the ten-foot maximum limit that are highlighted here in the blue, with the approximate areas of each of those excess fill areas. And the amount of excess fill ranges from a little over 12 feet in area by the pool, and up around 16 feet up under the house. So as we reviewed this, we noted that the owner does desire to have the primary uses of the home on one floor, but does have a second level under portion. And that's where some of the excess fill is around that particular area. Let's see here, I think I need to go -- I'm going to go back here for just a minute if you don't mind, Mayor, because I didn't take the moment to -- point out here again the -- picture on the left. There's a ridgeline that kind of screens this particular lot from some of the houses and properties to the southwest. And it's really only a couple of homes for the south that were a thousand feet away. They don't have any direct view of the house wanted as built. And so, won't be anybody really getting a view of some of the tall walls and so forth that occur because of this. Most of the excess fill is under the house and under the patio, it's not they've just filled areas around the house. And there are some mitigation measures we think can be taken to address some of that. So the three areas of excess fill as shown in elevation are shown here in this elevation of the south side of the house. So the one on the west is by the driveway. And there's really not a compelling need for that driveway to extend so far to the south. And I've talked to the applicant, they're willing to cut that back. And in doing so then they'll reduce some of the fill in that area and they can -- push that particular wall back and address that. Probably one of the most challenging places if there is one is this area of the home where the stem wall is so much taller than would be necessary otherwise. And it's kind of a big blank wall and so we talked about just some making sure in their landscape plan they produce some plantings there that helps screen and buffer that wall in that location. And the other areas here around the pool. And there they have retaining walls that are -- exceed code requirement. So that's an issue we'll be working TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 46 of 53 with them through the remaining portion of the development process. They're making some adjustments there that will potentially reduce some of that fill as they adjust those walls and what's left probably will not be very significant. So the staff supports the approval of the waiver with those modifications. That they move the one wall back, provide the planting in the -- area in the middle house. And then work with us on adjusting the -- height of the retaining walls. Any questions? MAYOR FRIEDEL: Councilman Skillicorn. SKILLICORN: Thank you, Mr. Mayor. I usually just have very simple test on changes like this. If it's a special property or a special project. It is a lovely home. I don't know if it qualifies as a special project. But it is a special property. That steep isn't a lot. So unless someone has some compelling arguments against this, I don't see a reason why not to proceed. MAYOR FRIEDEL: Councilman Watts. WATTS: Hard to keep track. I don't have -- I'd like to find a way to make this work. And I think some of the recommendations that you've got under options to address cutting down some of the areas. But there are also another option, I think. And that's where the retaining walls are tall. Can't they backfill and create ground after they've built the wall and buffer that whole thing? WESLEY: Mayor, Councilman Watts, I just know their option that they can do, and we have employed, and, in some cases, we can look here and see if that -- would be an option. WATTS: Yeah, I think that if -- we did something like that, take your suggestions about the south end and the three that you got under options to mitigate some of those. And wherever we can't, then to backfill to the wall. It's on the outside anyway. WESLEY: Right. WATTS: So what we're going to do is put some dirt up against it and hide that wall, so it's not so doggone big. WESLEY: Right. WATTS: I think that would work. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 47 of 53 MAYOR FRIEDEL: Can I get a motion if there's no more questions. Any -- public comment? CONTRERAS: No, sir. MAYOR FRIEDEL: Okay. TOTH: Move to approve CFW24-0000003 for 15457 East Sycamore as recommended by staff. EARLE: I second it. MAYOR FRIEDEL: Roll call please. CONTRERAS: Councilwoman -- Councilwoman Earle. EARLE: Yes. CONTRERAS: Councilmember Kalivianakis. KALIVIANAKIS: Aye. CONTRERAS: Councilmember Watts. WATTS: I have a question, Mayor. Will Building Department then offer that -- backfill of the wall to make sure we don't have anything that -- in those areas that it's going to be taller? Can we rely on you? WESLEY: Yes. Yes. I'm reviewing the building permit also. So we'll be look at that. WATTS: Okay. Then I'm a yes. CONTRERAS: Councilmember Skillicorn. SKILLICORN: Yes. CONTRERAS: Councilmember McMahon. MCMAHON: Aye. CONTRERAS: Vice mayor Toth. TOTH: Aye. CONTRERAS: Mayor Friedel. MAYOR FRIEDEL: Aye. CONTRERAS: Seven to zero. MAYOR FRIEDEL: Thank you. The next item, D, has been deferred. Do we want to make any comment on that or just -- TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 48 of 53 GOODWIN: Correct. This item will be coming back in the future. We just identified some things we need to clarify with the underlying contract before we're ready to move forward with that. So we'll be coming back in the future with -- something related to this. MAYOR FRIEDEL: Okay, great. Thank you. SKILLICORN: Mr. Mayor, is that C or D? MAYOR FRIEDEL: D. SKILLICORN: Okay, I think we skipped C. UNIDENTIFIED SPEAKER: On mine it's -- UNIDENTIFIED SPEAKER: It's (indiscernible) and then it's (indiscernible). UNIDENTIFIED SPEAKER: Yeah, on mine it's C too. SKILLICORN: Oh. Okay. Which one are we specifically deferring? GOODWIN: Specifically, we'll be deferring the consideration and possible action for approving the second amendment to the cooperative purchasing agreement with RoadSafe. SKILLICORN: Okay. MAYOR FRIEDEL: Yeah. GOODWIN: Whatever number that is on your sheet. SKILLICORN: So we're going to do C. MAYOR FRIEDEL: Yeah. C or D, whatever one. And now we'll move to the -- any possible talk or conversation about the League of Arizona Cities and Towns legislative update. I see Vice mayor Toth. TOTH: Technically this doesn't have to do with the league, is that okay? MAYOR FRIEDEL: Well, let's hear what you have. TOTH: Okay. HB 2163 (sic), it just passed committee ten to zero, republicans and democrats supporting it. It is a bill that would ban public schools from serving foods with potassium bromate, propylparaben, titanium dioxide, brominated vegetable oil, yellow dye 5 and 6, blue dye 1 and 2, green dye 3, red dye 3 and 40. The reason that I'm bringing this up is that I would like to ask our council to write a letter of support for this TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 49 of 53 nonpartisan bill. These are all chemicals that are banned in Europe, in Canada, actually nearly every other developed country has banned these from being in food. Linked to behavioral issues, cancer, autism, even mental health because it's -- chemicals. A lot if it's derived from crude oil. I can go on a whole ramble on it in the parking lot if you want. But the reason that I'm bringing this up is that our town, all cities and towns, in my opinion, should be coming together in support of this bill. This is something that helps secure our future. We are looking at a world where we have the most healthcare access that we have ever had in our country, and yet, we have the sickest younger generations that we have ever had. UNIDENTIFIED SPEAKER: Want some candy? TOTH: Diabetes, pre-diabetes. I --will admit, I did have a Reese's when I got here, all right? Do as I say, not as I do. I'm trying. No, but I would ask our council -- to wrap this up, I would ask our council to please support this. UNIDENTIFIED SPEAKER: I guess if we don't support you'll know. MAYOR FRIEDEL: Do I see -- TOTH: It is 21 -- HB 2163. UNIDENTIFIED SPEAKER: 2163, is it a striker? TOTH: Not -- UNIDENTIFIED SPEAKER: I don't think that's the right bill number. TOTH: Did I mess that up? I'm sorry. Let me do a quick look. It was beyond -- it just went through committee and it passed ten, zero. Darn, I'm sorry. The -- EARLE: We can look it up if you have the name. UNIDENTIFIED SPEAKER: 2164. TOTH: 2164. Thank you. I apologize. EARLE: Yes, that's what Tony (ph.) said. WATTS: Do we vote on it? MAYOR FRIEDEL: Do -- Racheal, when we want to get a letter like that, do we just get a nod of the head or what's -- yeah. Okay. GOODWIN: Yep. Just a direction to us would be great, we'll take care of it. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 50 of 53 MAYOR FRIEDEL: Okay. Council members, everybody in agreement with that? I think so. GOODWIN: Okay. MAYOR FRIEDEL: Okay. That's good. GOODWIN: Are there any other legislative items you'd like to discuss, Mayor? MAYOR FRIEDEL: What about 2371? That's the trying to take -- trying to restrict local government from building codes and that kind of thing. GOODWIN: Yes, that's a definitely hot topic one. MAYOR FRIEDEL: Yeah. GOODWIN: It is -- it's out there, it is a -- MAYOR FRIEDEL: I don't think it's gone very far yet, has it? But that's one we want to keep an eye on, I think. GOODWIN: Yes. Is that one you'd like us to take action -- MAYOR FRIEDEL: Yeah. GOODWIN: -- towards opposing, I believe? You want to oppose that bill? MAYOR FRIEDEL: Right. Yeah. Yeah. We like to have the local government decide -- make decisions for us, not the state. GOODWIN: Okay. All righty. KALIVIANAKIS: If -- I may? MAYOR FRIEDEL: Councilwoman Kalivianakis. KALIVIANAKIS: Yeah, thank you, Gerry. And yeah, this -- particular piece of legislation is -- very troubling. In the original draft, it was only for cities of 75,000 people or more. The -- now the amended draft of what they're pushing through is the high-density part, the 25 per acre. It won't be for our town, but all the rest of the madness will. And so, yeah, this is one we really have to keep up with. MAYOR FRIEDEL: Yeah. KALIVIANAKIS: And -- -- that would be to support a letter by the whole council and you Mr. Mayor of -- opposing. MAYOR FRIEDEL: So those two right now. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 51 of 53 GOODWIN: Okay. MAYOR FRIEDEL: Any other comments? I see Councilman Skillicorn. SKILLICORN: I would agree on 2371, that's something we should act. We should probably also write a letter to the governor. It did pass at a committee bipartisan, and it passed roll, so it could -- pass the house floor tomorrow. GOODWIN: Yeah. All right. We will get both of those out to all of the -- our electeds. MAYOR FRIEDEL: Thank you. GOODWIN: Um-hum. MAYOR FRIEDEL: Any other comments on legislative update? Those are very informative calls, so it's good that everybody's on those. All right. So any council discussion or direct in the town -- direction of the town manager? No? Okay. Good. Future agenda items? TOTH: Oh, that one's me. MAYOR FRIEDEL: Oh, I'm sorry. Hannah were you up there? TOTH: That's okay. It was a future agenda item. I picked the wrong thing again. Thank you, Mayor. I would like to submit for the next agenda an amendment to Chapter 12-3 of our Town code. That is our parking ordinance. To add the following language to Section 18. Currently, we have A and B, I want to throw a new B in there. So point B, except for cases in which it is necessary for special events, overnight parking is prohibited on public streets within town center. The reason for that is our businesses wake up and their parking is blocked because someone who might live in the apartments or is staying nearby is blocking a main parking spot for that business. So that is my reasoning. UNIDENTIFIED SPEAKER: I could second that. UNIDENTIFIED SPEAKER: (Indiscernible). MAYOR FRIEDEL: So we have -- two people in support, we need a third. UNIDENTIFIED SPEAKER: Oh, yes. I support that. GOODWIN: Yeah, we'll get that added to an agenda. Um-hum. MAYOR FRIEDEL: Councilman Skillicorn. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 52 of 53 SKILLICORN: Thank you, Mr. Mayor. I've actually got two. I would love to have an agenda item about a resolution supporting ICE, customs immigration. If we got a second and third for that. TOTH: I'll second that. EARLE: I'll support that as well. SKILLICORN: Thank you. And then the -- second and last one, this actually could be done by the town manager, doesn't necessarily done by council. But I'd like a -- put out the bid our public notices. Just to make sure we're getting the best price. UNIDENTIFIED SPEAKER: What was that? SKILLICORN: Put out the bid, our public notices. WATTS: I'll second that. EARLE: I'll support that as well. GOODWIN: To your point, Councilmember. We'll take a look and see if that's something that should just -- we can go through administratively or if we need to do any other further direction. SKILLICORN: I -- believe you have the power to do it if you just ask. GOODWIN: I think so -- I think so too. But and, we'll just run it through just to double- check. But so in case you don't see it on agenda, we'll assume that that's happening administratively. MAYOR FRIEDEL: Okay. Good. Councilwoman Earle. EARLE: Oh. MAYOR FRIEDEL: Oh, your light. Okay. You're good? Okay. I caught it that time, see? Any other discussion? Okay. Can I get a motion -- if that's it, can I get a motion for adjourn? SKILLICORN: So moved. WATTS: Second. MAYOR FRIEDEL: Second. All in favor? ALL: Aye. MAYOR FRIEDEL: Thank you. TOWN OF FOUNTAIN HILLS FEBRUARY 4, 2025 REGULAR MEETING Page 53 of 53 WATTS: Hey Mayor, only an hour and a half. MAYOR FRIEDEL: Yeah. WATTS: (Indiscernible) under two hours. MAYOR FRIEDEL: Well. Having no further business, Mayor Gerry M. Friedel adjourned the Regular Meeting of the Fountain Hills Town Council held on February 4, 2025, at 7:27 p.m. TOWN OF FOUNTAIN HILLS _______________________ Gerry M. Friedel, Mayor ATTEST AND PREPARED BY: __________________________________ Angela Padgett-Espiritu, Acting 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 4th day of February 2025. I further certify that the meeting was duly called and that a quorum was present. DATED 4th day of March 2025. _________________________________ Angela Padgett-Espiritu, Acting Town Clerk ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow vehicle sales with outdoor display at 15225 N. Fountain Hills Blvd.  Staff Summary (Background) The applicant has been operating a golf cart sales business at the northeast corner of Fountain Hills Boulevard and Glenbrook for over a year.  The Zoning ordinance allows display of golf carts for sale in the C-1 zoning district only through approval of a Special Use Permit.  The commercial block at the northeast corner of Fountain Hills Boulevard and Glenbrook Boulevard was zoned C-1 in County with the original zoning for Fountain Hills.  This block was platted in 1972 and the first development of the lots and buildings began in 1980.  There have been no changes to the buildings and parking since 2006. Lot 17, located at the corner of Fountain Hills Boulevard and Glenbrook Boulevard, is 29,913 square feet in size and contains one building of approximately 10,200 square feet.  The applicant is using suites 103, 104, and 105, totaling 4,400 sq. ft., for the golf cart sales business.  He is requesting the use of 4 - 6 of the parking spaces for display purposes. The surrounding zoning and land use pattern is:  North: C-1, vacant East: C-1, commercial buildings and day care; R-2, residential South: C-C, vacant (approved for residential) and commercial Southwest: R1-8, church West: R1-35, church Zoning Ordinance Requirement The change from a general retail center to a specific use includes consideration of the parking requirements.  A multi-tenant, group commercial building requires a minimum of one parking space for each 375 sq. ft. of gross floor area.  In this 10,200 sq. ft. building, 28 parking spaces are required, 40 are provided.  By specifying the use for vehicle sales with outdoor display, the specific parking requirement needs to be applied to those suites.  The vehicle sales parking requirement is 1 per 200 requirement needs to be applied to those suites.  The vehicle sales parking requirement is 1 per 200 square feet of gross floor area plus one per every 10 display spaces.  Twenty-three parking spaces are required for a vehicle sales use, not including the 4 -6 display spaces.  Sixteen spaces are required for the remaining group commercial space, for a total of 39 spaces required.  There are 40 parking spaces on this lot. This leaves only one parking space to be designated as a display space. Special Use Permit Requirements Section 2.02 of the zoning ordinance establishes the process and criteria for consideration of a SUP.   Requests for consideration of a SUP are to include a project narrative describing the proposed use and reasons for it, a site plan, a Good Neighbor Statement, and a citizen participation plan and report.  These items as prepared by the applicant are attached.  Because the building is existing, the site plan is an aerial image and floor plans of the existing hotel suites.   Section 2.02 F. 1. d. of the zoning ordinance states: d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town. Analysis This area was zoned and platted for commercial uses prior to the incorporation of the Town.  It is still the desire of the Town to have this be a successful commercial center.  As required by the Zoning Ordinance, the consideration for a recommendation of approval for the SUP, is based on:  1. Would the proposed vehicle display use be detrimental to the public health, safety, peace, or comfort of the neighborhood? 2. Would allowing vehicle display use of this property be detrimental or injurious to persons residing or working in the neighborhood? 3. Would allowing a vehicle display use be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the Town? The applicant has been using the property for golf cart sales for over a year, including some outdoor vehicle display.  Staff has not received any complaints or concerns about the use.  Staff has not identified any negative impacts on the neighborhood or Town as a result of allowing this business to operate at this location.  Given the ordinance requirements for parking, only one space could be designated and used as a display space. Citizens Participation The applicant sent notice to all property owners within 300' as required by ordinance.  A meeting was held on September 15 that could be attended in person or virtually.  No one attended the meeting, so there were no comments from the surrounding property owners regarding this request. Since sending out the public notice of the meeting, staff has not received any comments or questions from the public regarding this request. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Section 2.02, Special Use Permits Zoning Ordinance Chapter 7, Parking Zoning Ordinance Chapter 12, Commercial Zoning Districts Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) The Planning and Zoning Commission reviewed this request for the SUP for outdoor golf cart display at the January 13, 2025 meeting.  There was discussion by the Commission and with the applicant regarding the potential for any need for outdoor display of motorized vehicles.  The applicant stated he did not foresee a need to display anything other than electronic golf carts.  The motion by the Commission included to allow the area south of the entry drive from Fountain Hills Boulevard to be used for display of the golf carts. Staff Recommendation(s) The Zoning Ordinance has been amended to allow display of golf carts in the C-1 Zoning District with approval of a Special Use Permit.  This request meets the standards set in the ordinance to be considered for approval.  The business has been operating at this location for over a year and has occasionally had outdoor display of the vehicles.  Staff has not received any complaints and has not observed any issues with the outdoor display.  Staff recommends approval. One question to resolve is the number and location of the outdoor vehicle display.  Per the ordinance, only one parking space can be devoted to a vehicle display space.  There is, however, a paved area at the south end of the parking lot which is too small to count as a parking space that could also be used as a display location.  This center is currently underutilized and there are many parking spaces available.  The applicant requested 4 - 6 spaces be used for display.  The SUP could authorize additional spaces to be used for display. SUGGESTED MOTION MOVE to approve SUP24-000006 for non-gas powered golf carts only and allowing the parking area along Fountain Hills Boulevard south of the entry drive to be used for display. Attachments Vicinity Map  Site Plan  Project Narrative  Good Neighbor Statement  Citizen Participation Plan  Citizen Participation Report  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 02/03/2025 01:24 PM Town Attorney Aaron D. Arnson 02/03/2025 03:51 PM Town Manager Rachael Goodwin 02/18/2025 10:39 AM Development Services Director (Originator)John Wesley 02/18/2025 11:21 AM Form Started By: John Wesley Started On: 02/03/2025 11:18 AM Final Approval Date: 02/18/2025  Vicinity CASE: SUP24-000006 SITE / ADDRESS: 15225 N FOUNTAIN HILLS BLVD APN 176-04-455 REQUEST: A SPECIAL USE PERMIT FOR VEHICLE SALES, (SUITES 103-105), WITH UP TO 6 PARKING SPACES FOR DISPLAY IN THE C-2 ZONING DISTRICT. All that is Ariz on a FO U N TAIN HIL L S TOWN OF INC. 1989 MCDOWELL MOUNTAIN REGIONAL PARK SALT RIVER PIMA - MARICOPA INDIAN COMMUNITY FO R T M C D O W E L L Y A V A P A I N A T I O N SC O T T S D A L E Site Location Vicinity MapMap ::CaseCase DetailsDetailsSUP24-000006SUP24-000006 FO U N T A I N H I L L S B L V D MC D O W E L L MO U N T A I N RD GLENBROOK BL V D I V O R Y D R EL PUEBLO BLV D PE A C H T R E E L N AL L E Y AL L E Y ALLEY Site Plan Suites 103, 104, and 105 No changes to existing development Spaces for up to a maximum of 6 display vehicles September 5, 2024 Town of Fountain Hills 16705 E Ave of the Fountains, Fountain Hills, AZ 85268 RE: Project Narrative for the SUP with a C2 rezoning The lot is not changing from existing standards. Christine, Sheppard, or Phyllis Krikorian- Meagher owner of real property located at 15225 E. Fountain Hills Blvd, proposes to apply for zoning change from C1 to C2 with SUP or C3.C3 is the preferred Zoning. The proposed property is an existing C-1 Neighborhood Commercial Professional District. Storefront which allows: “Sale of new and used automobiles, golf carts, all-terrain vehicles, and motorcycles are permitted in the C-1”. The Owner is requesting a zoning change for an existing tenant to allow them to have several golf carts displayed in the parking lot or under the awning away from egress points under the permitted uses of the C2 Zoning ordinances This is the request for the Special Use Permit that would ride along with the C2 Rezoning. C2 Rezoning with a SUP will allow for New and used automobiles, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental including indoor and/or outside display area, provided all sales and repair activities are conducted within a building. Please see the site plan showing the parking lot will remain functional to the building but allow for display of golf carts, while not impeding or interfering with any of the surrounding major roads, streets, adjacent lots, while maintaining proper egress of all units. This does not interfere with any direct residential area within the allotted radius of zoning or other Commercial Businesses. Fountain Hills Golf Carts is the only occupant in the structure and rents 3 spaces out of the 5 available. If approved Carts will be displayed on the back end and/ or front of parking lot contained within the property only during business hours, while leaving the majority of parking spaces open and available for any consumers and / or Emergency services. The landscape of the property will not be interfered with in any way. The residential area behind the is not in direct view of such displays. Thank you for your consideration and please let us know if you need any additional information. Paula Richards, For and on behalf of Christine Sheppard Date: September 13, 2024 Good Neighbor Statement a. The name and contact information of the property owner. Christine Sheppard TTE 6746 E. Montecito Ave Scottsdale, AZ 85251 313-333-7575 b. The name and contact information for the business. Ron Ricci / Fountain Hills Golf Carts 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268 602-882-2590 c. A commitment to place emergency contact information on the property in a location that is visible to the public. Fountian Hills Golf Carts and the property owner are committed to place emergency contact information on the property that is visible to the public d. A statement regarding how potentially negative impacts of the proposed use will be mitigated. Fountian Hills Golf Carts would ensure that the display of vehicles would in no way negatively impact the community and if any instance would arise, FHGC would immediately correct. e. A statement regarding a process for conflict resolution. If conflict should occur, FHGC would take action right away to get all parties together to discuss an amicable resolution. f. A statement regarding steps that will be taken to integrate into the surrounding neighborhood. FHGC carts is committed to ensuring that the needs of integrating in the surrounding neighborhood are always incorporated - the display of golf carts will be just that, displaying of golf carts for the purpose of generating a sale which in turn generates revenue for the town. The retail shopping center building has been in this area for over 44 years if not longer and the businesses in the past have displayed bicycles out front every day for over 15 years, with no impact on the community. Along with many bicyclists in the parking lot leaving their vehicles to ride their bikes to the McDowell Mtn Trailhead, also washing their bikes in the parking lot when they returned with no negative impact on the community, also leaving a covered parked trailer overnight for multiple years in the front parking lot before they moved to the location on Saguaro with no negative impact on the community or code enforcement. This area has several churches that display large banners out front and have events on regular basis, a preschool that has cars park along the alley way in the back of this retail center, an SRP power station, multiple empty lots where a lot of semi-trucks park their vehicles, and a restaurant that display’s a car with other art out front of their business, the liquor store papered with advertisements and displays covering the entire building. The display of golf carts would not dramatically change what this community has been used for many years and would easily integrate into the surrounding community. The display of Carts is really just to show the community the business is open. FGHC has been involved in many events in our community - every year they loan golf carts to the local middle school and high school to use for their homecoming events. Also, on a yearly basis FGHC donates the use of over a dozen carts for the Phoenix Children’s hospital benefit so they can prepare and monitor the event “Concourse in the Hills”. FHGC remains committed to this community and wants to continue running a successful business. As a resident and business owner of Fountain Hills to always maintain the integrity of our town. August 31, 2024 Town of Fountain Hills 16705 E Ave of the Fountains, Fountain Hills, AZ 85268 RE: Citizen Participation Plan 1)A list of residents, property owners, interested parties, political jurisdictions and public agencies which may be affected by the proposed development. The following are businesses or churches that would be closest to the existing retail center  See mailing list 2) How those interested in, and potentially affected by, a proposed development will be notified that such an application has been made. We will provide the existing businesses in the vicinity with a flyer describing the proposed rezoning and its purpose for the display of golf carts in front of the business. Hold a meeting at the business location and also with a Zoom meeting access. 3) How those affected or otherwise interested will be provided an opportunity to discuss the proposal. The above-mentioned flyer will contain a virtual meeting for all that are interested to join in to discuss the proposed rezoning for the purpose of displaying golf carts in front of business This project will not require any construction or changes to the existing lot and will not affect any existing business or residents in any way therefore a schedule is not applicable. We will inform Development Services Department with the report and a copy of the plan that was given to local businesses in the area and meetings held Thank you for your consideration and please let us know if you need any additional information. Paula Richards, For and on behalf of Christine Sheppard Re Zoning request mailing list Parcel Name mailing addres Address 1 176-02-679 S R P A I & P D 313 N 3RD AVE PHOENIX AZ USA 85003 15228 N IVORY DR FOUNTAIN HILLS 85268 srp lot 2 176-04-456 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 N/A Lot 3 176-04-439 MICELL LEONARD 11605 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16740 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 176-04-440 MICELL LEONARD 11606 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16744 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 176-04-441 MICELL LEONARD 11607 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16746 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 4 176-04-442 JFDC LIVING TRUST in care of ZLAKET ADEL F/NADA S TR 8994 E GRAY RD SCOTTSDALE AZ USA 85260 16748 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 5 176-04-443 KARP BRIAN A/CHRISTINA C 16678 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15253 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 6 176-04-444 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15251 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-445 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15243 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-446 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-447 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15247 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-448 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-809 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by shop 7 176-04-452 MCLEAN MICHELLE D/TERENCE M NILAND 901 AUGUSTA DR NAMPA ID USA 83686 15235 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants Submiting req. 176-04-451 KRIKORIAN PHILLIP TR 6746 E MONTECITO AVE SCOTTSDALE AZ USA 85251 15237 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants 176-04-455 KRIKORIAN PHILLIP TR 6746 E MONTECITO AVE SCOTTSDALE AZ USA 85251 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 FHGC - submitting request 8 176-04-798 TRAETTINO CHRISTOPHER A 6402 S 28TH ST PHOENIX AZ USA 85042 15241 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants 9 176-04-807 ZARRAGA JAIME JR/CALEB JAMES 9843 N 13TH PL PHOENIX AZ USA 85020 16754 E GLENBROOK BLVD FOUNTAIN HILLS 85268 Maskadores 10 176-04-808 FMS LLC FIVE 5917 E MARILYN RD SCOTTSDALE AZ USA 85254 16758 E GLENBROOK BLVD FOUNTAIN HILLS 85268 flapjacks 176-04-809 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 parking lot hand delivered 176-04 862 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 townhomes 1/2 back of lot hand delivered 176-04 860 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD UNIT 1 FOUNTAIN HILLS 85268 townhome 1 hand delivered 176-04-861 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD UNIT 2 FOUNTAIN HILLS 85268 townhome 2 11 176-02-688 LSM VENTURES LLC 829 EASTWOOD DR GOLDEN CO USA 80401 16805 E GLENBROOK BLVD FOUNTAIN HILLS 85268 homeacross street 12 176-04-687 THIN AIR LLC 15871 E EAGLEROCK DR FOUNTAIN HILLS AZ USA 85268 16741 E GLENBROOK BLVD FOUNTAIN HILLS 85268 empty lot 13 176-04-813 TRACT 106 PROPERTY OWNERS ASSN 11655 N 109TH ST SCOTTSDALE AZ USA 85259 16741 E GLENBROOK BLVD FOUNTAIN HILLS 85268 chruch parking lot 14 176-04-866 BARRY AND DEBRA MCBRIDE REVOCABLE TRUST 9249 N 102ND ST SCOTTSDALE AZ USA 85258 16751 E GLENBROOK BLVD FOUNTAIN HILLS 85268 chruch 7 Date: August 31, 2024 Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, and nearby neighborhood associations of the special use permit application with a C2 rezoning. This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Applicant: Paula Richard for and Behalf of Christine Sheppard, property Owner 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268 602-882-2958 email: pr12@cox.net Location: The property being considered for this Special Use Permit is located at 15225 E. Fountain Hills Blvd (see attached location map). The Town requires we notify all property owners in the area for both the re-zoning request and then the special use permit request . Owner is requesting a zoning change and special use permit for an existing tenant to allow them to have their golf carts displayed in the parking lot during business hours under the permitted uses of the C2 with special use permit to display vehicles outside, new and used golf carts, sales and rental including indoor and/or outside display area, provided all sales and repair activities are conducted within a building. Tenant is requesting to use only a few spaces for display of golf carts during business hours and or under the awning away from egress points. Action Plan: To provide effective citizen participation in conjunction with this application, the following actions will be taken to provide opportunities to understand and address any real or perceived impacts of the development that members of the community may have. 1. A contact list will be developed for citizens and HOA’s within 300’ of the project location. 2. All persons listed on the contact list will receive a letter describing the project, project schedule, site plan and invitation to a neighborhood meeting to be held at Fountain Hills Golf Carts and via Zoom (see details below)  The meeting will be an introduction to the project, and an opportunity to ask questions and state concerns. A sign-in list will be used, and comment forms provided. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report.  If a second meeting is required, details will be sent to all parties and will be provided to the Town with the Citizen Participation Report. 3. Presentations will be made to groups of citizens or neighborhood associations upon request. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report. 4. An email will be sent to the case planner following each of the scheduled meetings, and at any other time there is significant input to inform the staff of the progress of implementing the plan. Schedule: Mail flyers by 9/6/24 Neighborhood meeting 9/15/24 – 3PM at FH Golf Carts Paula Richards is inviting you to a scheduled Zoom meeting. Topic: FH Golf Cart rezoning Time: Sept 15, 2024 03:00 PM Arizona Join Zoom Meeting: Invite Link Invite Link Join Zoom Meeting https://us05web.zoom.us/j/82655372441?pwd=0L8anpah00vadYop6sMZl7aUgctblL.1 Meeting ID: 826 5537 2441 Passcode: 6dAGCj CiƟzen ParƟcipaƟon Report for Fountain Hills Golf Carts Specia Use permit and Re zone Case #: Permit #: SUP24-000006 / Project #: 22-000487 Date of Report: 10-1-24 Overview: This report provides results of the implementaƟon of the CiƟzen ParƟcipaƟon Plan for FHGC special use permit. This site is located at 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268. This report provides evidence that ciƟzens, neighbors, and interested persons have had adequate opportunity to learn about and comment on the proposed plans and acƟons addressed in the applicaƟon. Comments, sign-in lists, peƟƟons, leƩers, summary sheets, and other materials are aƩached. Contact: Paula Richards on Behalf of Ron Ricci and ChrisƟne Sheppard 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268 602-882-2958 email: pr12@cox.net Neighborhood MeeƟngs: The following are dates and locaƟons of all meeƟngs where ciƟzens were invited to discuss the applicant’s proposal [comments, sign in lists and other feedback are aƩached]; 1. 9/15/24 – for SUP & Rezoning permit FounƟan Hills Golf Carts , 3 P.M. to 3:30 P.M. - 0 CiƟzens in aƩendance; 0 virtually Correspondence and Telephone Calls: 1. 1st leƩers mailed to contact list (14) on 8/22/24 including all property owners and one HOA within 300’ 2. 2nd leƩers mailed to contact list on 9/5/24 3. 2 of those leƩers where hand mailed as well as the actually businesses in this area where hand delivered copies of this leƩer 4. Project published in the "Fountain Hills Times" newspaper on not sure of actual of date we paid for the town to post 5. Established website and other social media accounts related to the project on N/A 6. 9/15/24 meet with adjacent neighbors/ owners - no parƟcipants showed up on site to discuss the proposed August 31, 2024 Town of Fountain Hills 16705 E Ave of the Fountains, Fountain Hills, AZ 85268 RE: Citizen Participation Plan 1)A list of residents, property owners, interested parties, political jurisdictions and public agencies which may be affected by the proposed development. The following are businesses or churches that would be closest to the existing retail center  See mailing list 2) How those interested in, and potentially affected by, a proposed development will be notified that such an application has been made. We will provide the existing businesses in the vicinity with a flyer describing the proposed rezoning and its purpose for the display of golf carts in front of the business. Hold a meeting at the business location and also with a Zoom meeting access. 3) How those affected or otherwise interested will be provided an opportunity to discuss the proposal. The above-mentioned flyer will contain a virtual meeting for all that are interested to join in to discuss the proposed rezoning for the purpose of displaying golf carts in front of business This project will not require any construction or changes to the existing lot and will not affect any existing business or residents in any way therefore a schedule is not applicable. We will inform Development Services Department with the report and a copy of the plan that was given to local businesses in the area and meetings held Thank you for your consideration and please let us know if you need any additional information. Paula Richards, For and on behalf of Christine Sheppard Re Zoning request mailing list Parcel Name mailing addres Address 1 176-02-679 S R P A I & P D 313 N 3RD AVE PHOENIX AZ USA 85003 15228 N IVORY DR FOUNTAIN HILLS 85268 srp lot 2 176-04-456 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 N/A Lot 3 176-04-439 MICELL LEONARD 11605 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16740 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 176-04-440 MICELL LEONARD 11606 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16744 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 176-04-441 MICELL LEONARD 11607 N SAGUARO BLVD FOUNTAIN HILLS AZ USA 85268 16746 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 4 176-04-442 JFDC LIVING TRUST in care of ZLAKET ADEL F/NADA S TR 8994 E GRAY RD SCOTTSDALE AZ USA 85260 16748 E GLENBROOK BLVD FOUNTAIN HILLS 85268 lot at top 5 176-04-443 KARP BRIAN A/CHRISTINA C 16678 N ASPEN DR FOUNTAIN HILLS AZ USA 85268 15253 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 6 176-04-444 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15251 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-445 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15243 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-446 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-447 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15247 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-448 MIRANTISA PROPERTIES LLC 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS AZ USA 85268 15249 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by day school 176-04-809 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 lot by shop 7 176-04-452 MCLEAN MICHELLE D/TERENCE M NILAND 901 AUGUSTA DR NAMPA ID USA 83686 15235 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants Submiting req. 176-04-451 KRIKORIAN PHILLIP TR 6746 E MONTECITO AVE SCOTTSDALE AZ USA 85251 15237 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants 176-04-455 KRIKORIAN PHILLIP TR 6746 E MONTECITO AVE SCOTTSDALE AZ USA 85251 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 FHGC - submitting request 8 176-04-798 TRAETTINO CHRISTOPHER A 6402 S 28TH ST PHOENIX AZ USA 85042 15241 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 behind restaurants 9 176-04-807 ZARRAGA JAIME JR/CALEB JAMES 9843 N 13TH PL PHOENIX AZ USA 85020 16754 E GLENBROOK BLVD FOUNTAIN HILLS 85268 Maskadores 10 176-04-808 FMS LLC FIVE 5917 E MARILYN RD SCOTTSDALE AZ USA 85254 16758 E GLENBROOK BLVD FOUNTAIN HILLS 85268 flapjacks 176-04-809 TRACT 430 PROPERTY OWNERS ASSOC in Care of CENTURY 21 KERN REALTY 17031 E EL LAGO BLVD FOUNTAIN HILLS AZ USA 85268 15225 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS 85268 parking lot hand delivered 176-04 862 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 townhomes 1/2 back of lot hand delivered 176-04 860 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD UNIT 1 FOUNTAIN HILLS 85268 townhome 1 hand delivered 176-04-861 TROGI ARNOLD TR 16806 E GLENBROOK BLVD 2 FOUNTAIN HILLS AZ USA 85269 16806 E GLENBROOK BLVD UNIT 2 FOUNTAIN HILLS 85268 townhome 2 11 176-02-688 LSM VENTURES LLC 829 EASTWOOD DR GOLDEN CO USA 80401 16805 E GLENBROOK BLVD FOUNTAIN HILLS 85268 homeacross street 12 176-04-687 THIN AIR LLC 15871 E EAGLEROCK DR FOUNTAIN HILLS AZ USA 85268 16741 E GLENBROOK BLVD FOUNTAIN HILLS 85268 empty lot 13 176-04-813 TRACT 106 PROPERTY OWNERS ASSN 11655 N 109TH ST SCOTTSDALE AZ USA 85259 16741 E GLENBROOK BLVD FOUNTAIN HILLS 85268 chruch parking lot 14 176-04-866 BARRY AND DEBRA MCBRIDE REVOCABLE TRUST 9249 N 102ND ST SCOTTSDALE AZ USA 85258 16751 E GLENBROOK BLVD FOUNTAIN HILLS 85268 chruch 7 Date: August 31, 2024 Purpose: The purpose of this Citizen Participation Plan is to inform citizens, property owners, and nearby neighborhood associations of the special use permit application with a C2 rezoning. This plan will ensure that those affected by this application will have an adequate opportunity to learn about and comment on the proposal. Applicant: Paula Richard for and Behalf of Christine Sheppard, property Owner 15225 E. Fountain Hills Blvd Fountain Hills, AZ 85268 602-882-2958 email: pr12@cox.net Location: The property being considered for this Special Use Permit is located at 15225 E. Fountain Hills Blvd (see attached location map). The Town requires we notify all property owners in the area for both the re-zoning request and then the special use permit request . Owner is requesting a zoning change and special use permit for an existing tenant to allow them to have their golf carts displayed in the parking lot during business hours under the permitted uses of the C2 with special use permit to display vehicles outside, new and used golf carts, sales and rental including indoor and/or outside display area, provided all sales and repair activities are conducted within a building. Tenant is requesting to use only a few spaces for display of golf carts during business hours and or under the awning away from egress points. Action Plan: To provide effective citizen participation in conjunction with this application, the following actions will be taken to provide opportunities to understand and address any real or perceived impacts of the development that members of the community may have. 1. A contact list will be developed for citizens and HOA’s within 300’ of the project location. 2. All persons listed on the contact list will receive a letter describing the project, project schedule, site plan and invitation to a neighborhood meeting to be held at Fountain Hills Golf Carts and via Zoom (see details below)  The meeting will be an introduction to the project, and an opportunity to ask questions and state concerns. A sign-in list will be used, and comment forms provided. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report.  If a second meeting is required, details will be sent to all parties and will be provided to the Town with the Citizen Participation Report. 3. Presentations will be made to groups of citizens or neighborhood associations upon request. Copies of the sign-in list and any comments will be submitted with the Citizen Participation Report. 4. An email will be sent to the case planner following each of the scheduled meetings, and at any other time there is significant input to inform the staff of the progress of implementing the plan. Schedule: Mail flyers by 9/6/24 Neighborhood meeting 9/15/24 – 3PM at FH Golf Carts Paula Richards is inviting you to a scheduled Zoom meeting. Topic: FH Golf Cart rezoning Time: Sept 15, 2024 03:00 PM Arizona Join Zoom Meeting: Invite Link Invite Link Join Zoom Meeting https://us05web.zoom.us/j/82655372441?pwd=0L8anpah00vadYop6sMZl7aUgctblL.1 Meeting ID: 826 5537 2441 Passcode: 6dAGCj ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Staff Contact Information: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2025-04, proposing a Diversity, Equity, and Inclusion (DEI) Policy for the Town of Fountain Hills. Staff Summary (background) This matter was originally brought to the Council on April 16, 2024 when Councilmember Allen Skillicorn proposed a Diversity, Equity, and Inclusion (DEI) policy for the Town of Fountain Hills. The Town currently does not have such a policy. The proposed ordinance is attached, as submitted by Councilmember Skillicorn. The Town has no plans to create an office of DEI administration and adheres to all state and federal nondiscrimination laws related to hiring, promotions, disciplinary measures, and terminations. The Equal Employment Opportunity policy is included in the Employee Personnel Policy Manual. The Town uses an online training tool called SafePersonnel (Vector Solutions), which provides over 100 modules covering various topics, from safety measures to human resources-related subjects. Although some modules are mandatory for all employees, others are job-dependent. For example, outdoor staff are required to complete the "Heat Illness Prevention" course, while office staff are not. All new employees must complete multiple cybersecurity courses, as well as modules on "Sexual Harassment" and "Discrimination Awareness in the Workplace." SafePersonnel also offers optional courses that employees can take at their discretion. Previously, one of the optional courses available was “Diversity, Equity, and Inclusion (DEI) Practices.” However, this course was removed by the provider within the past year and is no longer available. Management can restrict access to specific courses, if necessary, but participation in optional courses is not tracked or monitored. Additionally, beginning in 2024, the Town became required to collect and report race/ethnicity and gender information to the federal Equal Employment Opportunity Commission (EEOC) when the total number of Town employees exceeded 100 employees. This reporting obligation is mandated under section 709(c) of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000e-8(c), 29 CFR 1602.30 and .32-.37. The Town's first report is due in the Fall of 2025. The proposed ordinance currently includes the following clause that could impact Town activities depending on how it is interpreted: “N. Use of public funds for political subdivision membership organizations: Fountain Hills shall not authorize the payment of dues to participate in employee trainings from a membership organization whose paid membership is composed, by majority, of cities, towns, or political subdivisions that engages in the DEI activities identified in the ordinance in an amount that is greater than $50.”   Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to adopt Resolution 2025-04, proposing a Diversity, Equity, and Inclusion (DEI) Policy for the Town of Fountain Hills. OR MOVE to deny Resolution 2025-04, proposing a Diversity, Equity, and Inclusion (DEI) Policy for the Town of Fountain Hills. Attachments Resolution 2025-04  Draft DEI Document  Form Review Inbox Reviewed By Date Clerk Angela Padgett-Espiritu 02/25/2025 12:19 PM Town Attorney Aaron D. Arnson 02/25/2025 01:49 PM Town Manager Rachael Goodwin 02/25/2025 03:36 PM Form Started By: kcontreras Started On: 02/12/2025 05:09 PM Final Approval Date: 02/25/2025  RESOLUTION NO. 2025-04 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PROPOSED DIVERSE, EQUITY AND INCLUSION (DEI) POLICY THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: ENACTMENTS: A. Fountain Hills may not expend public funds or otherwise expend any funds derived from bequests, charges, deposits, donations, fees, grants, gifts, or any other source, to establish, sustain, support, or staff a diversity, equity, and inclusion office or to contract, employ, engage, or hire an individual to serve as a diversity, equity, and inclusion officer. B. Fountain Hills may not compel an applicant, employee, or contractor to endorse giving preferential treatment to or discriminating against any individual on the basis of race or ethnicity as a condition of any hiring, promotion or contracting decision. C. Fountain Hills may not under any circumstance disadvantage or treat differently on the basis of race or ethnicity any one or more individuals from among any pool of applicants, employees or contract recipients when making a hiring, contracting, or promotion decision. The implementation of an affirmative action policy that is taken in accordance with federal requirements shall be limited to outreach, advertising or communication efforts that do not modify any formal application criteria or evaluation of candidates. D. For purposes of this section, “diversity, equity, and inclusion” include: 1. Any effort to manipulate or otherwise influence the composition of employees or contractors with reference to race, sex, color, or ethnicity, apart from ensuring colorblind and sex-neutral hiring in accordance with state and federal antidiscrimination laws; 2. Any effort to promote differential treatment of or provide special benefits to individuals on the basis of race, color, or ethnicity. 3. Any effort to promote or promulgate policies and procedures designed and/or implemented with reference to race, color, or ethnicity; 4. Any effort to promote or promulgate trainings, programming, or activities designed and/or implemented with reference to race, color, ethnicity, gender identity, or sexual orientation; 5. Any effort to promote as the official position of the administration, the municipality, or any administrative unit thereof, a particular, widely contested opinion referencing unconscious or implicit bias, cultural appropriation, allyship, transgender ideology, microaggressions, group marginalization, anti-racism, systemic oppression, social justice, intersectionality, neo-pronouns, heteronormativity, disparate impact, gender theory, racial or sexual privilege, or any related formulation of these concepts. E. For purposes of this section, a “diversity, equity, and inclusion office” is any division, office, department, center, or other unit of a municipality or component thereof which is responsible for creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to diversity, equity, and inclusion. F. For purposes of this section, a “diversity, equity, and inclusion officer” is an individual: 1. Who is: (a) A full or part-time employee of a municipality or component thereof; or (b) An independent contractor of a municipality. 2. Whose duties for the municipality include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to diversity, equity, and inclusion. G. Nothing in this section shall be interpreted as prohibiting: 1. Bona fide qualifications based on sex which are reasonably necessary to the normal operation of a municipality. 2. The collection or reporting of data for statistical purposes. 3. The provision of mental or physical health services provided by licensed professionals. H. Any funds that would otherwise have been expended on diversity, equity, and inclusion offices or diversity, equity, and inclusion officers shall be reallocated, at the discretion of the town council. I. For the purposes of this section, compelling an applicant, employee, or contractor to endorse giving preferential treatment or discriminating on the basis of race or ethnicity includes: 1. Requiring or soliciting a written or oral statement in support of: (a) Any theory or practice that advocates for the differential treatment of any individual or groups of individuals based on race or ethnicity. (b) Any formulation of diversity, equity, inclusion, or intersectionality, beyond upholding the equal protection of the laws guaranteed by the fourteenth amendment of the United States constitution. 2. Requiring or soliciting an individual to confess race-based privilege or discuss his or her race or ethnicity or views on or experience with the race or ethnicity of others. 3. Giving preferable consideration to an individual for opinions expressed or actions taken in support of another individual or a group of individuals, in which the institution's consideration is based on the race or ethnicity of those other individuals. J. For purposes of this section, [municipality] includes any employees of [municipality] or individuals otherwise acting in an official capacity thereof. K. Notwithstanding any other law, a civil action brought under this section may be brought in: 1. The county in which all or a substantial part of the events or omissions giving rise to the claim occurred; 2. The county of residence in this state for any one of the natural person defendants at the time the cause of action accrued; 3. The county of the principal office in this state of any one of the defendants that is not a natural person; or 4. The county of residence for the claimant if the claimant is a natural person residing in this state. L. Use of public funds for political subdivision membership organizations: Fountain Hills shall not authorize the payment of dues to participate in employee trainings from a membership organization whose paid membership is composed, by majority, of cities, towns, or political subdivisions that engages in the DEI activities identified in the ordinance in an amount that is greater than $50. M. In compliance with this ordinance staff shall promptly issue a directive to end invented and identification-based pronoun usage to best achieve the policy outlined in this ordinance and remove any reference to their identifying pronouns from town email signatures and other forms. N. If any provision of this ordinance, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, March 4, 2025. FOR THE TOWN OF FOUNTAIN HILLS: Gerry M. Friedel, Mayor ATTESTED TO: Angela Padgett-Espiritu, Acting Town Clerk REVIEWED BY: Rachael Goodwin, Town Manager APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney A. Fountain Hills may not expend public funds or otherwise expend any funds derived from bequests, charges, deposits, donations, fees, grants, gifts, or any other source, to establish, sustain, support, or staff a diversity, equity, and inclusion office or to contract, employ, engage, or hire an individual to serve as a diversity, equity, and inclusion officer. B. Fountain Hills may not compel an applicant, employee, or contractor to endorse giving preferential treatment to or discriminating against any individual on the basis of race or ethnicity as a condition of any hiring, promotion or contracting decision. C. Fountain Hills may not under any circumstance disadvantage or treat differently on the basis of race or ethnicity any one or more individuals from among any pool of applicants, employees or contract recipients when making a hiring, contracting, or promotion decision. The implementation of an affirmative action policy that is taken in accordance with federal requirements shall be limited to outreach, advertising or communication efforts that do not modify any formal application criteria or evaluation of candidates. D. For purposes of this section, “diversity, equity, and inclusion” include: 1. Any effort to manipulate or otherwise influence the composition of employees or contractors with reference to race, sex, color, or ethnicity, apart from ensuring colorblind and sex-neutral hiring in accordance with state and federal antidiscrimination laws; 2. Any effort to promote differential treatment of or provide special benefits to individuals on the basis of race, color, or ethnicity. 3. Any effort to promote or promulgate policies and procedures designed and/or implemented with reference to race, color, or ethnicity; 4. Any effort to promote or promulgate trainings, programming, or activities designed and/or implemented with reference to race, color, ethnicity, gender identity, or sexual orientation; 5. Any effort to promote as the official position of the administration, the municipality, or any administrative unit thereof, a particular, widely contested opinion referencing unconscious or implicit bias, cultural appropriation, allyship, transgender ideology, microaggressions, group marginalization, anti-racism, systemic oppression, social justice, intersectionality, neo-pronouns, heteronormativity, disparate impact, gender theory, racial or sexual privilege, or any related formulation of these concepts. E. For purposes of this section, a “diversity, equity, and inclusion office” is any division, office, department, center, or other unit of a municipality or component thereof which is responsible for creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to diversity, equity, and inclusion. F. For purposes of this section, a “diversity, equity, and inclusion officer” is an individual: 1. Who is: (a) A full or part-time employee of a municipality or component thereof; or (b) An independent contractor of a municipality. 2. Whose duties for the municipality include coordinating, creating, developing, designing, implementing, organizing, planning, or promoting policies, programming, training, practices, activities, and procedures relating to diversity, equity, and inclusion. G. Nothing in this section shall be interpreted as prohibiting: 1. Bona fide qualifications based on sex which are reasonably necessary to the normal operation of a municipality. 2. The collection or reporting of data for statistical purposes. 3. The provision of mental or physical health services provided by licensed professionals. H. Any funds that would otherwise have been expended on diversity, equity, and inclusion offices or diversity, equity, and inclusion officers shall be reallocated, at the discretion of the town council. I. For the purposes of this section, compelling an applicant, employee, or contractor to endorse giving preferential treatment or discriminating on the basis of race or ethnicity includes: 1. Requiring or soliciting a written or oral statement in support of: (a) Any theory or practice that advocates for the differential treatment of any individual or groups of individuals based on race or ethnicity. (b) Any formulation of diversity, equity, inclusion, or intersectionality, beyond upholding the equal protection of the laws guaranteed by the fourteenth amendment of the United States constitution. 2. Requiring or soliciting an individual to confess race-based privilege or discuss his or her race or ethnicity or views on or experience with the race or ethnicity of others. 3. Giving preferable consideration to an individual for opinions expressed or actions taken in support of another individual or a group of individuals, in which the institution's consideration is based on the race or ethnicity of those other individuals. J. For purposes of this section, [municipality] includes any employees of [municipality] or individuals otherwise acting in an official capacity thereof. M. Notwithstanding any other law, a civil action brought under this section may be brought in: 1. The county in which all or a substantial part of the events or omissions giving rise to the claim occurred; 2. The county of residence in this state for any one of the natural person defendants at the time the cause of action accrued; 3. The county of the principal office in this state of any one of the defendants that is not a natural person; or 4. The county of residence for the claimant if the claimant is a natural person residing in this state. N. Use of public funds for political subdivision membership organizations: Fountain Hills shall not authorize the payment of dues to participate in employee trainings from a membership organization whose paid membership is composed, by majority, of cities, towns, or political subdivisions that engages in the DEI activities identified in the ordinance in an amount that is greater than $50. O. In compliance with this ordinance staff shall promptly issue a directive to end invented and identification-based pronoun usage to best achieve the policy outlined in this ordinance and remove any reference to their identifying pronouns from town email signatures and other forms. N. If any provision of this ordinance, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby. ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Request to Town Council Regular Meeting (Agenda Language):   CONSIDERATION AND POSSIBLE ACTION: Appointment of a Council Three-Person Workgroup for the Review and Possible Revision of Town Code Section 2-4-1: Rules of Procedure. Staff Summary (Background) Vice Mayor Hannah Toth requests that the Council establish a three-person workgroup to review and revise the following sections of the Town Code: Section 2-4-1: Rules of Procedure. Related Ordinance, Policy or Guiding Principle Town Code: Section 2-4-1 (Rules of Procedure), Article 2-4 (Council Procedure), and Chapter 2 (Mayor and Council). Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE: Approve the appointment of a three-person Council workgroup to review and consider potential revisions to Town Code Section 2-4-1 (Rules of Procedure). Attachments Rules of Procedure  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 02/24/2025 05:12 PM Town Attorney Aaron D. Arnson 02/24/2025 05:12 PM Interim Town Manager Angela Padgett-Espiritu 02/25/2025 12:21 PM Town Manager Rachael Goodwin 02/25/2025 03:34 PM Form Started By: Angela Padgett-Espiritu Started On: 02/24/2025 02:38 PM Final Approval Date: 02/25/2025  Page 1 Rules of Procedure - 9/06/2023 SECTION 1. RULES OF PROCEDURE/AUTHORITY 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council, Boards, Commissions and Committees: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones D. Roberts Rules of Order, 12th edition, as amended In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the Town Clerk, whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned and all agenda items shall be carried over to the next regular Council meeting. 1.3 PARLIAMENTARIAN The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the agenda. Page 2 Rules of Procedure - 9/06/2023 SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an agenda is a formal listing of items to be considered by (i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or Committee at a noticed meeting of that body. The content of the agenda may not be changed less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall the agenda be altered less than 24 hours prior to the public meeting, unless otherwise authorized by State law. 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The agenda Packet is organized as set forth in the Order of Business in Section 5 below and is made available electronically to the Council or to any citizen on the Town's website: www.fountainhillsaz.gov by 6:00 p.m. the Thursday prior to the date of the meeting. 2.3 CONSENT AGENDA Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or by notifying the Town Manager prior to the date of the meeting. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. 2.5 COUNCIL RULES These Town of Fountain Hills, Arizona Town Council Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or Committee members discuss, propose or take legal action, including any deliberations by a quorum with respect to such Page 3 Rules of Procedure - 9/06/2023 action. If a quorum is not present, those in attendance will be named for the record by the Town Clerk or the staff liaison for a Board, Commission or Committee. 2.7 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona. 2.8 NOTICE A formal announcement to the public that sets the date, time and the place at which a meeting will be held. Such notice of meetings shall be in accordance with the State law, the Town Code and these Council Rules. 2.9 QUORUM The minimum number of Members of the Council, Board, Commission, or Committee that must be present in order for business to be legally transacted. Unless otherwise specified in State law or the town Code, a quorum is the majority of members of the public body. 2.10 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances and in compliance with State law. All regular meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings. B. Holidays. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday, but such meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday, unless the meeting is otherwise cancelled by the Council. Page 4 Rules of Procedure - 9/06/2023 3.2 ADJOURNED MEETINGS Any meeting may be adjourned to a time, place and date certain, but not beyond the next regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers), may convene the Council at any time after giving at least 24 hours' notice of such meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special meeting. 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion or upon the written request of three Councilmembers) may convene the Council in a work session at any time after giving notice at least 24 hours in advance of such work session to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such work session. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council than may be possible at a regular meeting. No formal action of the Council may be taken at such work session, other than general consensus or conveying direction to staff for further action. These work sessions shall not provide for a “Call to the Public.” 3.5 EXECUTIVE SESSIONS Subject to applicable State law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town. 3.6 EMERGENCY MEETINGS As provided for by State law, the Mayor and Council or the Town Manager may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24 hours or more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the emergency meeting’s agenda and a brief but complete description of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public." Page 5 Rules of Procedure - 9/06/2023 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With exception of executive sessions, all regular, special and work session meetings of the Council, Boards, Commissions, and Committees shall be open to the public. B. Public Comment. Public comment is not taken at work sessions, emergency meetings or at special meetings, unless the special meeting is held in place of a regular meeting, or unless the special meeting includes a public hearing on the agenda. 3.8 MINUTES OF MEETINGS A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session meetings of the Council for the purpose of taking notes and/or audio recordation of the meeting. The Town staff liaison to each Board, Commission or Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or audio recordings of the meetings. B. Recordings; written minutes. To the extent possible, all open, public meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed and actions taken are compiled and entered into the permanent Minute Book of the Town and kept on file and of record in the Office of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. Minutes shall identify speakers by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided at the meeting. C. Availability. All meeting minutes of the Council, Boards, Commissions, and Committees are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open meetings of the Council, Boards, Commissions, and Committees must be available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by State law. The Town Clerk or designee shall ensure that the minutes of all regular, special meetings and work sessions of the Council, Boards, Commissions, and Committees are made available through the Town's Web Site, www.fountainhillsaz.gov within two working days following their approval, or as provided by State law. D. Executive Sessions. Minutes of executive sessions (1) shall be confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State law. Page 6 Rules of Procedure - 9/06/2023 E. Approval. Minutes of all meetings of the Council (other than executive sessions) may be approved under the consent agenda, unless removed for discussion and separate action. SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than 24 hours before the date and time set for said meetings in accordance with State law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for the Council. B. Locations. Meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall, and the Town's website: www.fountainhillsaz.gov 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or authorized designee, shall prepare the agendas for all meetings of the Council as set forth below. Agendas of all meetings of the Council shall generally be available to the public no less than 72 hours prior to said meetings, except in exceptional circumstances. In no event shall the agenda be made available less than 24 hours prior to said meeting unless authorized by State law. Agendas and agenda packet materials are made available through the Town's website. The staff liaison to each Board, Commission or Committee shall ensure that the agenda is available in the same manner as required for the Council. B. Submittal Process. Items may be placed on the Council agenda for discussion and possible action by the following process (the agenda process for Boards, Commissions or Committees shall be as determined by the applicable Department Head which shall be substantially the same as the Council agenda submittal process): 1. All Departments: Preparation of the Staff Report with signatures of the department director and staff (including all attachments) provided to the Town Clerk for submittal to the Town Manager not later than two business days prior to agenda packet preparation day (the Tuesday prior to the meeting date). Town Manager approves/amends items and signs off, finalizing the item for inclusion in the agenda packet. 2. Mayor and Councilmembers: The Mayor or a Councilmember with the support of two additional councilmembers may direct the Town Manager through the Future Agenda Item Category to place an item on the next available agenda for consideration and possible action. Page 7 Rules of Procedure - 9/06/2023 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the agenda by including appropriate documentation. 4. Citizen or Group: A citizen or group may request an item be placed on an agenda through the Manager, Mayor, or a Councilmember as indicated above. C. Time Lines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than nine calendar days prior to regular and special meetings to ensure timely delivery to Councilmembers. 2. Agenda items for work sessions shall be submitted to the Town Manager by 2:00 p.m., not less than seven calendar days prior to the meeting to ensure timely delivery to Councilmembers. 3. The Town Manager may approve exceptions to the schedule above in order to ensure that the distribution of all agenda packets to the Council is in conformance with these Council Rules. 4. Any requests requiring audio/visual support must be submitted to the Town Clerk for coordination with the information and technology division a minimum of 48 hours prior to the meeting to ensure proper coordination and preparation. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective agenda items. D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on the agenda for Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: 1. Submission by a Councilmember, the Town Manager, or the Town Attorney (with notice to all Councilmembers). 2. Submission by the Mayor (with notice to all Councilmembers). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant to state law. 4. The Town Attorney shall advise the Town Clerk regarding the appropriate agenda language of executive session items. E. Agenda Packets. Full agenda packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members electronically, five days before regular meetings and work sessions; provided, however, that agenda packets may be Page 8 Rules of Procedure - 9/06/2023 supplemented later under special circumstances so long as no agenda packet material is made available less than 72 hours prior to the meeting, except in the case of exceptional circumstances or an emergency meeting. F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 72- hour posting deadline will be announced by the Mayor at the beginning of the meeting at which the item was scheduled. The posted agenda will remain unchanged. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided for said meeting electronically, not less than 72 hours prior to the meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the meeting notices, agendas and packet documentation, as deemed necessary, are posted to the Town's website: www.fountainhillsaz.gov and made available to the Mayor and Council, the public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the date of the meeting. C. Amendments. A posted agenda may be amended up to 72 hours prior to such meeting. In exceptional circumstances, such agenda may be amended up to, but not less than, 24 hours prior to the designated meeting, unless otherwise authorized by State Law. Amended agendas shall indicate the date amended. 4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS Mayor and Councilmembers: The Mayor and Councilmembers may submit a written document/handout for councils' consideration regarding an item on the next council agenda. The document/handout must be presented to the Town Clerk no later than 3:00 pm the day of the council meeting. Handouts submitted after the deadline will not be disseminated to the council for consideration at that meeting. The Town Clerk will place any Councilmember’s handout(s) along with any online public comment cards at each station on the dais prior to the council meeting and will announce the documents when that agenda item is under consideration. This process will ensure the Town Clerk has the written document/handout for the permanent record, solve any transparency issues, minimize any potential open meeting violations, and avoid any disruption during the council meeting. Page 9 Rules of Procedure - 9/06/2023 SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS The agenda shall be prepared substantially in the following order, but may be amended for brevity: AGENDA Call to Order & Pledge of Allegiance Invocation/Moment of Reflection Roll Call Statement of Participation Reports by Mayor, Councilmembers and Town Manager (including proclamations) (No discussion) Presentations (if any) Call to the Public (Non-agenda items) (preceded by the following paragraph) Pursuant to ARIZ. REV. STAT. § 38-431.01 (H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review the matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda (preceded by the following explanatory paragraph) All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or Page 10 Rules of Procedure - 9/06/2023 member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. Action Items (grouped by subject to the extent possible) Council Discussion/Direction to the Town Manager Future Agenda Items Adjournment All agendas shall have the following statement placed at the bottom: The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection or Invocation and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or authorized designee to call the Roll, and the names of Councilmembers both present and absent shall be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to the Mayor's far left. B. Statement of Participation. Following the Roll Call, the Town Clerk will read the Statement of Participation at each Regular meeting and will consist of the following: Anyone wishing to address the council regarding items listed on the agenda or under “Call to the Public” should fill out a request to comment card located in the back of the council chambers and hand it to the Town Clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name and if you are a resident for the public record. Please limit your comments to three minutes. It is the policy of the Mayor and Council to not comment on items brought forth under “Call to the Public.” However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council meeting. C. Report by Mayor, Councilmembers and Town Manager The Mayor may use Reports to read proclamations or conduct other ceremonial matters as listed on the posted agenda and reports may be given by the Mayor, Councilmembers and Town Manager on current events and/or activities. (The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during the reports.) Page 11 Rules of Procedure - 9/06/2023 D. Presentations. The Town Manager may use the Presentations section to provide the council with an update from Department Directors, contracted service providers, neighboring jurisdictions, and regional organizations. E. Call to the Public. 1. All citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non-agenda item. 2. All citizens and interested parties wishing to speak before the Council shall fully complete a Request to Comment form (Request Form). Request forms submitted by those who indicate they will not speak will be grouped together in the order in which the cards were received and by the categories of "for" and "against" relating to the item indicated on the request forms. The Town Clerk will announce the number of cards received, if any, and t h e number received per category. 3. At the conclusion of each citizen's comments, the Presiding Officer may take any or all of the following actions: a. Thank speaker for addressing issue. b. Ask staff to review matter. c. Ask that a matter be put on a future agenda. d. Permit individual Councilmembers to respond to criticism raised during the Call to the Public 4. At the discretion of the Presiding Officer a light and/or sound signals may be used to indicate the commencement of the time for speaking and a warning light may flash to show that the appropriate time has passed. A red light will signal that there is no longer any remaining time. E. Consent Agenda 1. The Consent Agenda includes items that are of such a nature that discussion is not required, or issues that have been previously studied by the Council. These items may be adopted by one motion and vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the meeting requests that an item or items be removed for discussion. Councilmembers or the public may not ask a question without removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered in their normal sequence as listed on the agenda, unless called out of sequence as provided under Section 1.4 Page 12 Rules of Procedure - 9/06/2023 (Suspension of the Rules) above. F. Action Items. 1. At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk, or authorized designee, will then call the request forms of those citizens desiring input and comments. All citizens and interested parties wishing to speak before the Council shall fully complete request forms and submit the forms to the Town Clerk, or authorized designee, prior to Council discussion of that agenda item. Sufficient request forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed request forms will be retained by the Town Clerk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be included in the meeting minutes. Speakers will be called in the order in which the request forms were received. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. 2. Those speaking before Council will be allowed three contiguous minutes to address Council, but time limits may be waived, upon advice of the Town Attorney, by (a) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a meeting, (b) consensus of the Council at a meeting or (c) the Mayor either prior to or during a meeting. Speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. 3. Residents may also use the online request form to provide input regarding an item on the agenda. The online form is found on the Towns website. The resident must completely fill out the online form and submit it no later than 3:00 p.m. on the day of the council meeting for this item. The Town Clerk will place copies at each councilmembers station on the dais, and when the item is up for discussion after all of the in-person comments have concluded, will read the speaker’s name and whether or not they are “for” or “against” the item for the public record. Written comments provided through the online form, will not be read out loud at the meeting. 4. The purpose of all public comments is to provide information and the speaker's views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer and not to individual Councilmembers. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's Page 13 Rules of Procedure - 9/06/2023 representatives or Town staff; provided, however, that no Councilmember shall engage in debate directly with such speakers, representatives or Town staff. 5. Proper decorum, in accordance with Section 6.4 below, must be observed by Councilmembers, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Councilmembers, Town staff or members of the public are not allowed. 6. Generally, agenda items requiring public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: a. The Presiding Officer will announce the matter that is set forth for a public hearing, will then open the public hearing, and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant to speak regarding the matter. c. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. d. The Presiding Officer may then call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. e. Upon the conclusion of Council comment, the Presiding Officer will call for action on the motion. f. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on a public hearing item become part of the record of the public hearing and shall be maintained by the Town Clerk. g. Ten collated sets of written or graphic materials should be provided by the speaker to the Town Clerk prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8”x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. The appropriate staff member shall be responsible to notify applicants of this requirement. 7. Questions or comments from the public shall be limited to the subject under Page 14 Rules of Procedure - 9/06/2023 consideration. Depending upon the extent of the agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the agenda item, limit repetitive testimony, and limit the amount of time per speaker. Upon approval of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed to speak longer than three minutes. Councilmembers may ask the individual speaker questions through the Presiding Officer. 8. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. G. Council 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. H. Adjournment. The open, public meeting of the Council may be adjourned by consensus of the Council. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special meeting is being held as an extension of or in place of a regular meeting, the agenda shall be as set forth for a regular meeting. B. Generally. For all other special meetings, the agenda shall be prepared in the following order: AGENDA Call to Order Roll Call Consent Agenda (if needed - explanatory paragraph same as regular meeting) Action Items (grouped by subject to the extent possible) Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. Page 15 Rules of Procedure - 9/06/2023 The work session agenda shall be prepared in the following order: Call to Order Roll Call Work Session Statement (explanatory statement) All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. Agenda Items for Discussion (Items Numbered for Order) Adjournment SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each question immediately prior to calling for discussion and the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or authorized designee to verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the Page 16 Rules of Procedure - 9/06/2023 vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 6.4 RULES/DECORUM/ORDER A. Points of Order. The Presiding Officer shall determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum 1. Councilmembers: Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. 3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells shall not be permitted by the Presiding Officer, who may direct a law enforcement officer to remove such offender/s from the room. C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the Council, staff and guests. It is the responsibility of the Presiding Officer of the meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time (2) end the speaker's time at the podium or (3) direct a law enforcement officer present at the meeting to remove from the meeting the person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate Page 17 Rules of Procedure - 9/06/2023 in the meeting by telephone, the Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or authorized designee, notice of his/her inability to be present at the meeting at least 48 hours prior to the meeting. B. Notation on Agenda. The notice of the meeting and the agenda shall include the following: "Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. Facilities will be used at the meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone. 6.6 ADDRESSING THE COUNCIL A. Manner of Addressing the Council. 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seating area of the Council Chamber. At the podium, the speaker shall clearly state his/her name for the record and shall indicate if he/she is a Town resident. 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk 48 hours before a meeting to request an accommodation to participate in the meeting. B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Council by any member of the public during the "Call to the Public: (Non-agenda Items)" or under an action item, shall be subject to the following limitations: 1. All citizens wishing to address the Council shall complete and submit a request form as set forth in Subsection 5.2(F) above. 2. The Presiding Officer may limit the number of speakers heard on non- agenda topics at any single meeting to allow the meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. Page 18 Rules of Procedure - 9/06/2023 C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn c. Recess d. Raise a question of Privilege e. Table f. Limit or extend limits of debate g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely j. Main Motion 3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. 4. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. Page 19 Rules of Procedure - 9/06/2023 6. Motion to Amend: a. A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if applicable). 7. Motion to Continue: Motions to continue shall be debatable only as to the propriety of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. D. Addressing the Council after Motion is made. After the motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. E. Voting Procedure. After discussion has been concluded and the Mayor, the Councilmember who made the motion or the Town Clerk has restated the motion under consideration, the following procedure shall apply: 1. Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the meeting minutes. Upon the request of the Mayor or a Councilmember, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Councilmembers voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Councilmember has declared a Conflict of Interest, the Town Clerk shall include a statement such as "Abstained due to declared Conflict of Interest" in the official minutes as part of the results of the vote. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of all members in random order with each new vote concluding Page 20 Rules of Procedure - 9/06/2023 the vote with the Vice Mayor and Mayor respectively. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All Councilmembers in attendance at a duly called meeting that requires formal Council action are required to vote. A member may abstain from voting only if he/she has a conflict of interest under State law, in which case such member shall take no part in the deliberations on the matter in question. b. Should a Councilmember fail to vote or offer a voluntary abstention, his/her vote shall be counted with the majority of votes cast, unless the Councilmember's vote is excused by the State law; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any Councilmember who voted with the majority may move a reconsideration of any action at the same or next regular meeting. To ensure that the open meeting law requirements are met, a written request from such Councilmember must be submitted to the Town Clerk’s Office at least nine days prior to the next regular meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Council. 4. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Council. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision, which might unduly affect their personal interests or those of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. Page 21 Rules of Procedure - 9/06/2023 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all actions taken by Councilmembers, Board members, Commissioners, and Committee members. 7.4 DISCLOSURE OF INTEREST Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State law. Any member who has a conflict of interest in any decision must disclose that interest at the meeting and in writing on a form provided by the Town Clerk. The disclosure of the conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public inspection all documents necessary to memorialize all disclosures of a conflict of interest by a member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the matter with anyone involved in the decision making process in any manner. Further, the member should not otherwise attempt to influence the decision and should remove himself/herself from the Council Chamber, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8 below. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest and the Council, Board, Commission or Committee is unable to act in its official capacity, members may participate in the discussion and decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of the compensation they would normally be entitled to for performing their duties or (B) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State law. Page 22 Rules of Procedure - 9/06/2023 7.9 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Council to encourage members to adhere to strongly held ethical values, which are exercised in good faith. However, subsection 6.6(E) (2) above encourages participation in the decision-making process unless the matter involves a statutory conflict of interest set forth by State law. SECTION 8. CODE OF ETHICS PREAMBLE: The citizens of Fountain Hills are entitled to have a fair, ethical, and accountable government, which has earned the public’s full confidence. In keeping with the Town of Fountain Hills commitment to the effective functioning of government, public officials, both elected and appointed, shall comply with both the letter and spirit of the laws and policies affecting the operations of government; be independent, impartial and fair in their judgment and actions and use their office for the public good and not for personal gain. The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Council and members of the Town's Boards, Commissions, and C ommittees. In furtherance of this purpose, we shall: 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING OF OUR COMMUNITY. 8.2 BE DEDICATED TO THE CONCEPTS OF EFFECTIVE AND DEMOCRATIC LOCAL GOVERNMENT THROUGH DEMOCRATIC LEADERSHIP. We shall honor and respect the principles and spirit of representative democracy and shall set a positive example of good citizenship by scrupulously observing the letter and spirit of laws, rules, and regulations. We shall base our decisions on the merits and substance of the matter at hand. We shall publicly share substantive information that is relevant to a matter under consideration by the Council or Boards and Commissions, which we may have received from sources outside of the public decision-making process, with the exception of confidential or privileged information Page 23 Rules of Procedure - 9/06/2023 which should remain as such. 8.3 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. 8.4 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY IN ALL PUBLIC AND PERSONAL RELATIONSHIPS. A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. We recognize our responsibility, when serving in our official capacity, and will practice the following: • Engage in constructive conversations and debates that encourage the exchange of ideas while avoiding personal attacks or derogatory language. • Refrain from making verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, the staff, or the public. • Refrain from making disparaging remarks about the other members of the Council, Boards, Commissions, the staff, or the public. B. Impression of Influence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influenced in the performance of our official duties. C. Advocacy. We shall represent the official policies or positions of the Town Council, Board, or Commission to the best of our ability when designated as delegates for this purpose. When presenting our own individual opinions and positions to the public, the media, or other stakeholders. We shall state they do not represent the Council or the town of Fountain Hills nor imply that they do. 8.5 RECOGNIZE THAT THE CHIEF FUNCTION OF LOCAL GOVERNMENT IS AT ALL TIMES TO SERVE THE BEST INTERESTS OF ALL THE PEOPLE. We shall treat our office as a public trust, only using the power and resources of public office to advance public interests and not to attain personal benefit or pursue any other private interest incompatible with the public good. Our decisions and actions will be guided by the best interests of the community we serve. We have a public forum to show how individuals with disparate points of view can find common ground and seek a compromise that benefits the community as a whole. We will use this public forum in the most effective and beneficial manner. 8.6 KEEP THE COMMUNITY INFORMED ON MUNICIPAL AFFAIRS; ENCOURAGE COMMUNICATION BETWEEN THE CITIZENS AND ALL MUNICIPAL OFFICERS; EMPHASIZE FRIENDLY AND COURTEOUS SERVICE TO THE PUBLIC; AND SEEK TO IMPROVE THE QUALITY AND IMAGE OF PUBLIC SERVICE. Page 24 Rules of Procedure - 9/06/2023 A. Accountability. We shall ensure that government is conducted openly, efficiently, equitably, honorably, and in a manner that permits the citizens to become fully informed to allow them to hold Town officials accountable. B. Respectability. We shall safeguard public confidence in the integrity of Town government by being honest, fair, caring, and respectful, and by avoiding conduct creating the unexplainable appearance of impropriety, or impropriety of which is otherwise unbefitting a public official. 8.7 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. A. Private Employment. We shall take any steps necessary to ensure that we comply with the State law regarding conflicts of interest when we engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests or conduct a private business. B. Confidential Information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift - of any value - whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to hospitality, transportation or other assistance provided to Town officials when such hospitality, transportation or other assistance is (i) directly related to their participation in community events as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy. D. Investment in conflict with official duties. We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be the appearance of conflict of interest or a conflict of interest. 8.8 CONDUCT BUSINESS OF THE TOWN IN A MANNER, WHICH IS NOT ONLY FAIR IN FACT, BUT ALSO FAIR IN APPEARANCE. 8.9 PROMOTE UNDERSTANDING, MUTUAL RESPECT AND TRUST AMONG MEMBERS OF COUNCIL, BOARDS, COMMISSIONS AND COMMITTEES CONCERNING THEIR ROLES AND RESPONSIBILITIES WITH RESPECT TO TOWN STAFF'S RESPONSIBILITY FOR IMPLEMENTING THE COUNCIL'S POLICIES. 8.10 COMPLIANCE AND ENFORCEMENT Page 25 Rules of Procedure - 9/06/2023 Any person(s) who believes a council member, Board, or Commissioner has violated the Code of Ethics outlined in Section 8 of The Rules of Procedure may file a complaint. To file a complaint, a person(s) must request the complaint form from the Town Clerk and file the complaint within 90 days of the alleged occurrence or discovery of the alleged occurrence. See Section 10 of the Rules of Procedure. All members of the Council, boards, commissions, or committees shall acknowledge in writing, on a form provided by the Town Clerk, receipt of these provisions relating to ethics. SECTION 9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills' Council may create such boards, commissions, and committees as deemed necessary to assist in the conduct of the operation of Town government. The Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. Classification. All boards, commissions, and committees of the Town shall be classified as regularly scheduled or unscheduled boards, commissions, and committees. Regularly scheduled boards, commissions, and committees are those that meet on a regularly- scheduled basis or may be quasi-judicial in nature. Unscheduled boards, commissions, and committees meet on an as-called basis. B. Regularly Scheduled. Regularly scheduled boards, commissions, and committees include: 1. Planning and Zoning Commission 2. Community Services Advisory Commission 3. McDowell Mountain Preservation Commission 4. Strategic Planning Advisory Commission 5. Sister Cities Advisory Commission 6. Municipal Property Corporation 7. Historic and Cultural Advisory Commission C. Unscheduled. Unscheduled boards, commissions, and committees: Page 26 Rules of Procedure - 9/06/2023 1. Ad Hoc Committees 2. Board of Adjustment D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment, any board, commission, or committee created shall cease to exist (1) upon the accomplishment of the special purpose for which it was created or (2) when abolished by a majority vote of the Council. 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS A. Call for Applications. The call for applications to fill vacant seats for boards, commissions and committees may include a request for: 1. The application that describes the applicant’s skills, experience, and educational background needed to ensure the successful filling of the vacancy. Applicants may submit a resume along with the application; however, not in lieu of filling out the application. 2. Responses to the supplemental questionnaire specific to a board, commission, or committee application, if such questionnaire is included. 3. The consent to executive session form. 4. If a member whose term will be expiring wishes to reapply for an additional term on the same board, commission or committee, such member is exempt from filing those items listed in Subsections 9.2 (A)(1-4 2). However, such member shall submit in writing, on a form provided by the Town Clerk that includes a request for the Council's consideration of reappointment in addition to the consent to executive session as listed in Subsection 9.2(A)(5). The member may include any new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. The Town Clerk shall be responsible for advertising to fill vacant seats to boards, commissions, and committees for at least two weeks and no later than two months, prior to the expiration of the current board, commission, or committee member(s) term, via: 1. The Town's government access channel. 2. Newspaper advertising. 3. The Town website. 4. The Town's official posting sites as listed in Section 2-4-3 of the Fountain Hills Page 27 Rules of Procedure - 9/06/2023 Town Code. The downloadable application packet will be placed on the Town's website for public access with hard copies made available to the public through the Customer Service Representative. C. Advertisement Contents. Advertisement of vacancies shall include the following: 1. The name of the board, commission, or committee. 2. The number of vacancies to be filled. 3. A brief description of the board, commission, or committee. 4. A brief description of the qualifications, skills and experience background applicants should possess, if any. 5. An overview of when the board, commission, or committee meets. 6. The deadline for submitting applications. 7. Listing of applicant information required and location where application packets may be obtained. 8. Staff liaison contact information. 9. The dates of publication in the local paper. D. Staff Review. Individuals applying for boards, commissions, or committees must submit to the Town Clerk those items as listed in Subsection 9.2(A) above by the published deadline. The Town Clerk and Staff Liaison will review the application(s) to ensure that the applicant(s) meet the qualifications as listed in Subsection 9.4(A) below. E. Council Materials. The staff liaison to the board, commission, or committee will assemble and copy all application packets and provide all supporting materials to all Councilmembers. F. Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after meeting to review all of the applications. The staff liaison will schedule an appropriate time to interview qualified applicants in person or via telephone, and shall prepare and post the agenda for an executive session in accordance with the Arizona open meeting law for said interviews. Interviews shall be conducted in Executive Session unless the applicant requests the interview be held at a public meeting. Page 28 Rules of Procedure - 9/06/2023 G. Subcommittee Recommendation. After the interviews have concluded, the staff liaison, Town Clerk or the Council Subcommittee chair shall advise the Mayor of the subcommittee's discussion and appointment recommendation(s). H. Council Consideration. The Town Clerk shall prepare the Staff Report according to the submission deadline for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to recruit applicants, (2) the number of vacancies to be filled along with the names of those members whose terms expire, (3) the number of applications received and (4) the specific term to be filled. I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a board, commission, or committee and suggest that he/she may want to be present at the scheduled meeting when the recommendation is presented to the Council. J. Notification of Council Action. Following the Council's approval of the Mayor's appointment(s) to a board, commission, or committee, the Town Clerk shall notify appointees as to their appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law Affirmation for their signature and return. Those applicants not chosen to fill a vacancy on a board, commission, or committee, will be provided written notification by the Town Clerk outlining the Council's appointments and they will be provided with an application of interest for consideration of applying for any other board, commission and committee vacancies. K. Appointee Orientation. The staff liaison will provide specific details to the new appointees relative to: (1) their attendance at the "official" board, commission, or committee orientation, and (2) all official literature, agendas, minutes, or other materials specific to their appointment. 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Appointments Subcommittee. The Mayor may annually appoint Council Subcommittees for board, commission and committee appointments. Each subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Council shall review applications and conduct interviews for the various boards, commissions, and committees to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review applications, interview applicants (typically in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4 below. C. Appointment Timing. The process of application review and interviews will be conducted in Page 29 Rules of Procedure - 9/06/2023 such a manner as to allow for the appointments to coincide with the term expiration of the current board, commission or committee member(s) term or as soon thereafter as reasonably possible. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS A. Minimum Qualifications. All members of boards, commissions, and committees shall meet the following minimum qualifications upon their appointment to any board, commission, or committee. Each member must be: 1. Eighteen years of age or older, for any board, commission, or committee seats, designated by Council; except for members appointed to Youth Commissioner position for youth representation. 2. A Fountain Hills resident for at least one year, unless the Council specifically waives this time or residency requirement for a specific board, commission or committee. 3. A qualified elector, except for youth appointees. B. Prohibited Appointees. Town employees or appointed officers shall not be eligible for appointment to any board, commission, or committee but may be requested to provide staff support thereto. Councilmembers are prohibited from serving on regularly scheduled commissions as listed in Subsection 9.1(B) above and the Board of Adjustment. C. Ex-Officio Members. The Mayor, with the consent of the Council, may from time to time appoint ex-officio members to those boards, commissions or committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council. Ex-officio members shall not be entitled to vote on any matter brought before the commission. 9.5 TERMS, VACANCIES, REMOVAL A. Terms. All members of unscheduled boards, commissions, and committees shall serve a term of up to three years, or until the board, commission, or committee is dissolved, unless Council action, Town Code, or Arizona Revised Statutes specifically designates terms. B. Staggered Terms for Smaller Boards. For those regularly scheduled boards, commissions, and committees having five members or fewer, the terms of office shall be staggered so that no more than two terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any boards, commission, or committee that will be in existence for a single term. C... Staggered Terms for Larger Boards. For those boards, commissions, and committees having Page 30 Rules of Procedure - 9/06/2023 more than five members but less than eight members, the terms of office shall be staggered so that no more than three terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any board, commission, or committee that will be in existence for a single term. D. Simultaneous Service Limitation. No individual may serve as a voting member on more than one regularly scheduled or unscheduled board, commission, and committee at one time. E. Vacancies. A vacancy on a board, commission, or committee shall be deemed to have occurred upon the following: 1. Death or resignation of a member of a board, commission, or committee. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council has provided that such member may be a non-resident. 3. Three successive unexcused or unexplained absences by a member from any regular or special board, commission, or committee meetings. However, the term of all members shall extend until their successors are appointed and qualified. F. Removal. Any board, commission, or committee member may be removed as a member to that board, commission, or in accordance with Article 2A-1 of the Fountain Hills Town Code. G. Filling Vacancy. Whenever a vacancy has occurred on one board, commission, or committee procedures described in Sections 9.2, 9.3, and 9.4 above will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. One exception to this rule is that if a vacancy should occur within twelve months of a subcommittee’s interviewing process for said board/commission/committee, and the subcommittee had submitted a ranking of those previously interviewed, a recommendation may be forwarded to the mayor for appointment of the unexpired term based on said ranking. H. Re-appointment. An incumbent member of a board, commission, or committee seeking reappointment shall submit, in writing on a form provided by the Town Clerk that includes a request for the Council's consideration of reappointment in addition to the consent to executive session form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is relevant to the original application already on file. 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All boards, commissions, and committees are subject to the Arizona Open Meeting Law and therefore shall attend the Town's Annual Open Meeting Law training. Page 31 Rules of Procedure - 9/06/2023 9.7 RESIDENCY REQUIREMENT Members of all boards, commissions or committees shall be residents of the Town. SECTION 10 – CODE OF ETHICS - COMPLAINT PROCEDURE MEMBERS OF THE PUBLIC Any person who believes a Council Member, Board, or Commissioner has violated the Code of Ethics outlined in Section 8 of the Rules of Procedure may file a complaint. To file a complaint, a person(s) must request the complaint form from the Town Clerk and file the complaint within 90 days of the alleged occurrence or discovery of the alleged occurrence. 10.1 THE COMPLAINT FORM SHALL CONTAIN THE FOLLOWING INFORMATION: • The complainant’s name, address, email, and telephone number. • The name of the person who is the subject of the complaint. • The nature of the alleged violation, identifying the specific provision of the ethics they allegedly violated. • Statement of facts, including dates and any witnesses with contact information to the alleged violation. 10.2 INITIAL SCREENING PROCESS Complaints must be filed with the Town Clerk. The Town Clerk will review each complaint for completeness and administer a date stamp. Reasons a complaint may be returned: • Incomplete • Untimely If the form is complete, the Town Clerk will forward the complaint to the Town Attorney for initial screening. The Town Attorney will determine if the alleged violation does fall under the Code of Ethics. If the Town Attorney determines that the complaint on its face may violate the Code of Ethics, it will be forwarded to outside counsel for review and the appropriate council member(s) will be notified. 10.4 OUTSIDE COUNSEL REVIEW Each complaint received by outside counsel will be reviewed based on the merits of the complaint. outside counsel has the authority to conduct an investigation or make a determination based on the information provided. Page 32 Rules of Procedure - 9/06/2023 If counsel determines that interviews are needed, the complainant and respondent will be interviewed, and in the discretion of counsel, all witnesses listed. Once the review/investigation is concluded, outside counsel will provide the Town Attorney with a determination whether the complaint is sustained or not sustained. If the complaint is sustained, the Town Attorney will schedule an Executive Session for review and enforcement by the Town Council. If the complaint is not sustained, the Town Attorney will notify the Town Clerk, who will notify all parties involved in the complaint of the outcome. All determinations by outside counsel are final and no appeals will be accepted. In the case of an ethics complaint being filed and forwarded to outside counsel for review, outside counsel shall make a determination whether the complaint has merit or is without merit and deemed frivolous. If deemed without merit or frivolous, the petitioner shall agree to pay the legal expenses associated with the claim. False or frivolous complaints. A person who knowingly makes a false, misleading, or unsubstantiated statement in a complaint is subject to criminal prosecution for perjury and potential civil liability for, among other possible causes of action, defamation. If after reviewing an ethics complaint it is determined that a sworn complaint is groundless and appears to have been filed in bad faith or for the purpose of harassment, or that intentionally false or malicious information has been provided under penalty of perjury, then the Town Attorney may refer the matter to the appropriate law enforcement authority for possible prosecution. A town official who seeks to take civil action regarding any such complaint shall do so at his or her expense. 10.5 ENFORCEMENT All sustained complaints will be brought forth to the Town Council for appropriate action. The Council may impose sanctions on members whose conduct does not comply with the Code of Ethics based on the circumstances of the infraction, those sanctions are as follows: • The Council, by a majority vote, can direct a statement to be retracted. • The Council, by a majority vote, can direct an apology to be offered. • The Council, by a majority vote, can choose to take no action. • The Council, by a majority vote, can censure a member who fails to uphold the standards outlined in the Code of Ethics. • The Council, by a majority vote, can suspend the offending council member from a future council meeting OR • Impose any other sanction in accordance with state law. ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Town Clerk Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution No. 2025-03, declaring the town's intent to comply with the enforcement of federal immigration law to the legal extent permissible for the sole purpose of removing violent criminals from our community. Staff Summary (background) Councilmember Skillicorn has requested consideration of Resolution No. 2025-03, which affirms the Town of Fountain Hills’ commitment to public safety and adherence to federal immigration laws. This resolution emphasizes the Town's intent to cooperate with federal authorities in the lawful enforcement of immigration laws, with a focus on removing individuals engaged in violent criminal activities from the community. The resolution acknowledges the Town's dedication to safeguarding residents, addressing serious criminal threats such as gang involvement, human trafficking, and drug distribution. It also reaffirms the Town’s commitment to maintaining community trust and treating all residents with dignity and respect, regardless of immigration status. Importantly, the resolution clarifies that Fountain Hills does not identify as a "sanctuary town" and will not obstruct lawful federal enforcement efforts. This initiative aligns with public safety concerns raised in recent reports from the U.S. Immigration and Customs Enforcement (ICE) and responds to broader discussions about local cooperation with federal law enforcement agencies. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to adopt Resolution No. 2025-03, declaring the town's intent to comply with the enforcement of federal immigration law to the legal extent permissible for the sole purpose of removing violent criminals from our community. Attachments Resolution 2025-03  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 02/24/2025 05:11 PM Interim Town Manager Angela Padgett-Espiritu 02/25/2025 12:17 PM Town Manager Rachael Goodwin 02/25/2025 03:34 PM Form Started By: Angela Padgett-Espiritu Started On: 02/24/2025 03:43 PM Final Approval Date: 02/25/2025  G:\TOWN CLERK\RESOLUTIONS\2025\Resolution 2025-03 Supporting ICE.docx RESOLUTION NO. 2025-03 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING THE TOWN’S COMMITMENT TO ENSURE THE PUBLIC SAFETY OF ALL RESIDENTS AND ASSERTING THE TOWN’S INTENT TO COMPLY WITH FEDERAL IMMIGRATION LAW TO THE LEGAL EXTENT PERMISSIBLE FOR THE SOLE PURPOSE OF REMOVING VIOLENT CRIMINALS FROM OUR COMMUNITY RECITALS: WHEREAS, the Town of Fountain Hills ("Town") is committed to upholding public safety and adhering to the rule of law as foundational principles of governance; and WHEREAS, Fountain Hills is home to vibrant and diverse immigrant communities who have enriched our Town with their unique cultural traditions, entrepreneurial spirit, and valuable contributions to the social and economic fabric of our community; and WHEREAS, immigration enforcement involves complex and sensitive issues that intersect state and federal jurisdictions, public safety, and the trust of our community; and WHEREAS, the Town Council acknowledges the importance of maintaining trust with all members of the community while also ensuring that residents are protected from individuals engaged in serious criminal activities, including gang involvement, human trafficking, and drug distribution; and WHEREAS a 2024 Immigration and Customs Enforcement ("ICE") report indicates that there are over 647,000 non-detained individuals living in the United States illegally who have pending charges or have been convicted of violent crimes, including robbery, assault, sexual assault, homicide, and human trafficking. ENACTMENTS: NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: 1. RESOLVED, that the Town declares its intent to comply with the enforcement of federal immigration law to the legal extent permissible. Further, the Town will not impede federal law enforcement officials or block their efforts, as have been suggested by other jurisdictions, known as "sanctuary towns or cities." G:\TOWN CLERK\RESOLUTIONS\2025\Resolution 2025-03 Supporting ICE.docx 2. RESOLVED, that the Town declares it is not a “sanctuary town” and will not obstruct, impede, interfere, or otherwise block any federal law enforcement agency from its duties under federal law. 3. RESOLVED, that the Town will seek assistance, if necessary, from the United States Attorney General’s office to indemnify the Town and its employees for any assistance or cooperation with federal immigration authorities as permitted by law. 4. RESOLVED, that the Town remains steadfast in its commitment to protecting the safety and well-being of its residents, particularly those most vulnerable to criminal activities such as human trafficking and drug distribution. 5. RESOLVED, that the Town will continue to comply with all applicable federal and state laws, recognizing that there can be conflicts between federal and state laws. 6. RESOLVED, that the Town recognizes the importance of maintaining trust within the community and reaffirms its commitment to treating all residents with dignity and respect, regardless of immigration status. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, March 4, 2025. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: __________________________________ _______________________________________ Gerry M. Friedel, Mayor Angela Padgett-Espiritu, Acting Town Clerk REVIEWED BY: APPROVED AS TO FORM: __________________________________ _________________________________________ Rachael Goodwin, Town Manager Aaron D. Arnson, Town Attorney ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 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: Amendment NO.5 to Cooperative Purchasing Agreement 2022-062 with Mesa Energy Systems, Inc Staff Summary (Background) The Town’s Central Mechanical Plant supplies chilled water to the HVAC systems of the Town Hall, Community Center, and Library/Museum, and serves as the primary cooling and temperature control mechanism for these buildings. The system relies on two cooling towers and three mechanical chillers to circulate chilled water throughout the campus. Chiller #3, which is essential to the overall cooling capacity, requires replacement. Background: The chillers responsible for producing chilled water have been in operation for approximately 20 years. The original two chillers were installed during the construction of the Community Center and Library/Museum in 2000, with third Chiller added during the construction of Town Hall in 2005. The average lifespan of such equipment is typically 20 years, although longevity can vary based on maintenance, usage, and operational load. Quarterly operational checks by the Town’s mechanical services contractors have identified significant issues with Chiller #3, which was installed in 2000. This chiller has not had its compressors replaced. One compressor recently failed a "megger" test, indicating its motor is nearing failure, while the other compressor, although still functioning, is showing signs of reduced performance and is approaching the end of its useful life. Analysis: The cost to replace the compressors in the existing chiller is approximately $60,000 per compressor. However, this would not address other aging components, such as the tubes and obsolete control boards. Given that the repair costs are nearly half the price of a new chiller, continuing with repairs is not cost-effective, especially since the chiller is at the end of its expected service life. Recommendation: Staff recommends replacing Chiller #3 with a new, like-for-like Carrier chiller unit, along with Staff recommends replacing Chiller #3 with a new, like-for-like Carrier chiller unit, along with necessary electrical upgrades, a refrigerant monitoring unit, a monitor panel, an exhaust fan, and a shutdown relay panel. This replacement offers several key benefits:  Cost-Effectiveness: The estimated cost of replacing the chiller is $245,500. The associated upgrades are capped at $42,000. This total includes the chiller unit, labor, engineered permit set, taxes, disposal of the old unit, and a five-year warranty. Reliability: A new chiller will reduce the likelihood of unexpected breakdowns, ensuring uninterrupted cooling for the Town Hall, Community Center, and Library/Museum. Efficiency: Replacing the chiller, rather than repairing it, will provide more reliable and energy-efficient operations, minimizing future repair costs. Financial Impact: The total cost of replacing Chiller #3 is $287,500, which covers:  Chiller unit purchase Labor for installation and setup Engineered permit set Taxes and disposal fees Modifications to the refrigerant monitoring system A five-year warranty Given the critical importance of this chiller to the operations of the Town Hall campus and the current failure of one of its compressors, replacing the chiller is in the Town’s best interest to ensure reliable, uninterrupted service. Replacing Chiller #3 is vital to maintaining the HVAC system’s efficient operation. The recommended replacement is cost-effective and will enhance system reliability for years to come. Staff recommends that the Town Council approve the allocation of funds for this replacement project to ensure continued comfort and operational efficiency at the Town Hall, Community Center, and Library/Museum. Recommendation for Council Action: It is recommended that the Town Council approve Amendment No. 5 to the Cooperative Services Agreement 2022-062 in the amount of $300,000. Of this total, $287,500 will be allocated to the replacement of Chiller #3, with the remaining $12,500 used for programmed maintenance for the remainder of the current fiscal year, as necessary. Contingency funding from the Capital Improvement Fund will be used for the chiller replacement in the amount of $287,500, with the balance of the contract ($12,500) allocated in the approved FY25 budget for facilities operations.       Related Ordinance, Policy or Guiding Principle Public Works Mission Statement   Risk Analysis Delaying the replacement of chiller #3 may result in system failure and limit cooling for the Town Delaying the replacement of chiller #3 may result in system failure and limit cooling for the Town Campus buildings and increased future costs.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Amendment NO.5 to Cooperative Purchasing Agreement 2022-062 with Mesa Energy Systems, Inc  SUGGESTED MOTION MOVE to approve Amendment NO.5 to Cooperative Purchasing Agreement 2022-062 with Mesa Energy Systems, Inc in the amount of $300,000, authorization for Capital Improvement Project F4045,and any associated budget transfers.  Fiscal Impact Fiscal Impact:$300,000 Budget Reference:Approved FY 25  Funding Source:N/A If Multiple Funds utilized, list here:Capital Projects fund, Facilites fund Budgeted: if No, attach Budget Adjustment Form:Yes Attachments Cooperative Services Agreement  Scope & Fee  NTE Refrigerant Monitor Replacement scope & fee  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 02/17/2025 10:44 AM Town Attorney Aaron D. Arnson 02/18/2025 08:17 AM Town Manager Rachael Goodwin 02/18/2025 10:45 AM Public Works Director (Originator)Justin Weldy 02/18/2025 03:59 PM Form Started By: Justin Weldy Started On: 01/21/2025 05:11 PM Final Approval Date: 02/18/2025  1 Contract No. 2022-062.5 FIFTH AMENDMENT TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MESA ENERGY SYSTEMS, INC D/B/A EMCOR SERVICES ARIZONA THIS FIFTH AMENDMENT TO COOPERATIVE SERVICES AGREEMENT (this “Fifth Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Mesa Energy Systems, Inc. D/B/A EMCOR Services Arizona, Inc., a California corporation (the “Contractor”). RECITALS A. The Town and the Contractor entered into a Cooperative Services Agreement (the “Agreement”), dated March 31, 2022 (as amended), for the Contractor to provide “HVAC Maintenance, Repair, and Emergency Services” (the “Services”). All capitalized terms not otherwise defined in this Fifth Amendment have the same meanings as contained in the Agreement. B. The Town has determined that it is necessary increase the amount of the Agreement with the Contractor for Services. C. The Town and the Contractor desire to enter this Fifth Amendment to amend the Agreement to provide compensation to the Contractor for Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall pay Contractor an amount not to exceed $655,000 for the Services, resulting in an increase of $300,000. The aggregate amount per renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified via an executed amendment. All remaining terms and conditions of the Agreement shall remain in full force and effect. 2.EXHIBIT E is hereby incorporated by this reference. 2 3. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 4. Non-Default. By executing this Fifth Amendment, the Contractor affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this Fifth Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Fifth Amendment are forever waived. 5. Conflict of Interest. This Fifth Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] EXHIBIT E TO COOPERATIVE SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MESA ENERGY SYSTEMS, INC D/B/A EMCOR SERVICES ARIZONA [Quote or Work Order] See following pages. Confidentiality notice: This document and any attachments thereto, regardless of form or medium, may contain legally privileged and/or confidential, copyrighted, trademarked, patented or otherwise restricted information viewable by the intended recipient only. Mesa Energy Systems, Inc. dba EMCOR Services Arizona TOFH Chiller Replacement Proposal Presented to: Town Of Fountain Hills 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 Prepared by: Jon Ogren EMCOR Services – Mesa Energy Systems, Inc. Phone: (602) 499-8891 1/30/2025 AZ license #: 322130 State Contract No. CTR049764 Due to uncertainty related to the pricing of steel, commodities, and foreign tariffs, the price quoted herein can only be held for fifteen days from the date of this proposal. Central Plant Chiller Replacement State Contract No. CTR049764 1/30/2025 Page 2 of 9 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 | Phone: 949.460.0460 | Fax: 949.460.8812 Introduction We at Mesa Energy Systems, Inc. (an EMCOR Group company) would like to thank you for the opportunity to submit this proposal to replace the Water-Cooled Chiller. We believe that our proposed package would meet or exceed your maintenance, reliability, and energy savings goals. For over 30-years, Mesa Energy Systems has provided its clients with high quality mechanical, commercial HVAC, building automation consulting and services, and energy solutions that address today's most compelling energy related issues. Headquartered in Irvine, California, we have 10 statewide offices to better serve the greater Los Angeles, San Diego, San Francisco, Sacramento, Bakersfield, San Jose, Pleasanton, and Fresno market areas. In addition, we’ve expanded outside California and now have offices in Reno, Las Vegas, and Phoenix. Our customer’s increasingly complex needs have transformed Mesa Energy Systems from a traditional commercial HVAC service and retrofit company into a full-service Energy Solutions Company. Our goal is to help you achieve optimal building energy performance, utilizing improved building and mechanical maintenance, ongoing retro-commissioning, and favorable ROI energy retrofits. Today, thanks to our customer partnerships and our commitment to our core values (Sense of urgency, Win-Win, Accountability, Passion, and Love), Mesa Energy Systems Inc. is Southern California’s leading HVAC service and retrofit contractor. We are extremely confident that we will deliver on every aspect detailed in the proposal. Again, thank you for giving Mesa Energy Systems the opportunity to be of service. We look forward to the prospect of working with you and assisting you with your facilities’ HVAC maintenance and upgrade needs. Feel free to reach out to us should you want to discuss anything further. Sincerely, Mesa Energy Systems, Inc. dba EMCOR Services Arizona Jon Ogren Account Representative EMCOR Services 602-499-8891 Central Plant Chiller Replacement State Contract No. CTR049764 1/30/2025 Page 3 of 9 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 | Phone: 949.460.0460 | Fax: 949.460.8812 Proposal Summary We are pleased to provide you with this proposal to replace the York Water Cooled Chiller Asset ID Model Number Serial Number Scope of Work Chiller #3 30HXC136 3700F32007 Replace Carrier Chiller Scope of Work QNTY: (1) AQUAFORCE CARRIER WATER-COOLED SCREW CHILLER o 460-3-60 o Domestic o 135 Tons Nominal o R-513A and Standard Pass Cooler o Y-Delta Starter o Minimum Load Control (to 10% capacity) and Suction Service Valves o Suction Service Valves o BACnet Communication Option - Shall provide factory installed communication capability with a BACnet MS/TP network., Allows integration with a BACnet Building Automation System. Navigator display included. o Standard Comfort Cooling o Minimum Load Control (to 10% capacity) o Unit Efficiency (EER): 16.67 BTU/Wh o IPLV.IP: 0.5600 kW/Ton o NPLV.IP: 0.5600 kW/Ton Scope of Work: 1. Assigned Emcor project manager will facilitate deliveries and scheduling of sub-contractors associated with the work scope to mitigate any installation breakdowns and manage project scope. 2. Phasing of installation and project scope will include coordination to minimize impact upon building occupants. 3. Provide Engineered drawings required for Mechanical Permits. 4. Check in with customer and prep work area. 5. LOTO supply electrical to chiller. 6. Disconnect piping, electrical, and remove chiller. 7. Provide and install new water-cooled chiller. 8. Provide and install piping for new chiller configuration. 9. Reconnect electrical for chiller. 10. Startup and verify proper system operation. 11. Clean all work areas before leaving the site. Central Plant Chiller Replacement State Contract No. CTR049764 1/30/2025 Page 4 of 9 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 | Phone: 949.460.0460 | Fax: 949.460.8812 Exclusions & Clarifications: • BAS Integration Excluded. • New Concrete Pad Excluded. • Faulty Isolation Valves not included. • Rental Chiller Excluded. • Work will be done during regular business hours. Monday – Friday, 7:00 – 3:30pm. • Refrigerant Monitoring, Design & Engineering Excluded. • Exhaust Systems Excluded. • Per engineering design. Equipment and Scope of work is subject to change. All labor, materials beyond preliminary design scope of project will be discussed with customer and are excluded from base bid. This includes unforeseen mechanical design, equipment, electrical, and structural not included in work scope above and is contingent on engineering. Central Plant Chiller Replacement State Contract No. CTR049764 1/30/2025 Page 5 of 9 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 | Phone: 949.460.0460 | Fax: 949.460.8812 Inclusions and Exclusions Checked items below are included in this proposal; non-checked items are excluded. Engineering, Permits & Bonds Mechanical Engineering X Structural Engineering Electrical Engineering Plan Check Fees X Mechanical Permits X Electrical Permits X Rigging and Specialty Rentals Rigging X Scissor Lift as Required Additional Services Water Balance Certified Water Balance Recover Refrigerant Per EPA Guideline X Dispose of old Equipment X Project to be Performed at the Below Listed Times Normal Business Hours (M-F 7 am to 5 pm) X Overtime (non-Normal Business Hours) Normal Hours and Overtime Other: Specialty Trades Electrical X Abatement Insulation of New Ducting (As Required) Insulation of New Piping (As Required) X Project Completion Start Up and Commissioning X Factory Start Up Operation & Maintenance Manuals in electronic format X As Built Drawings in electronic format Additional Components New Programmable Digital Thermostat EMCOR Retains All Salvage Rights X Warranties 90-Day Labor and Materials from Date of Beneficial Use One (1) year Labor and Materials from Date of Beneficial Use X Central Plant Chiller Replacement State Contract No. CTR049764 1/30/2025 Page 6 of 9 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 | Phone: 949.460.0460 | Fax: 949.460.8812 General Project Clarifications Concealed Conditions If concealed or unknown conditions of an unusual nature which affect the performance of the work are encountered below the roof line or above the ceiling or in an existing part of the building other than the work, which conditions are not ordinarily found to exist or which differ materially from those generally recognized as inherent in work of the character provided for in this Agreement, notice by the observing party shall be given promptly to the other party, if possible before conditions are disturbed and in no event later than fourteen days after first observance of the conditions. The Contract Sum shall be equitably adjusted for such concealed or unknown conditions by Change Order upon claim made within fourteen days after claimant becomes aware of the conditions. Regulatory Changes Mesa Energy Systems Inc. shall be compensated for changes in the Work necessitated by the enactment or revision of codes, laws or regulations subsequent to the execution of this Agreement. Hazardous Materials COMPANY hereby agrees to indemnify, defend and hold harmless Mesa Energy Systems, Inc. and its agents, employees, consultants and subcontractors from and against any claim, damage, allegation, suit, cause of action, cost, loss, expense or injury in connection with Hazardous Materials not introduced to the Project by the Indemnified Parties, including, without limitation, all costs of remediation, experts, consultants or other costs in connection with Hazardous Materials associated with the Project. Unforeseen Conditions COMPANY understands and agrees that Mesa Energy Systems, Inc. shall not be liable for added costs or time delays caused by unforeseen conditions at the Project, including, without limitation, unanticipated rerouting of existing piping, fire sprinklers or gas piping. In the event that the fire sprinklers, water, electrical conduit or gas piping are required to be relocated, Mesa shall not be responsible for such work. Mesa Energy Systems, Inc. or a subcontractor under the control and supervision of COMPANY shall perform such work. NFPA 70E Mesa technicians are trained to understand the specific hazards associated with electrical energy according to NFPA 70E, Standard for Electrical Safety in the Workplace. They are trained in safety-related work practices and procedural requirements as necessary to provide protection from the electrical hazards associated with their respective job or task assignments. Documented safe work practices include lockout/tagout and energy isolation. Category 2 personal protective equipment is issued for electrical hazards while working on voltages between 50 and 480 volts. Mesa's policy is to remove the energized electrical hazard by working on de-energized circuits and by using the written lockout/tagout policies and procedures when feasible. COVID-19 This proposal, including but not limited to pricing and schedule, is made contingent upon the work addressed herein not being adversely affected, either directly or indirectly, by the COVID-19 pandemic and/or the Corona virus. This proposal is further conditioned upon the parties agreeing, prior to beginning of any work and in writing as part of any contract/subcontract, that any (i) schedule issues (including, but not limited to, delay, acceleration, compression, interference, hindrance), (ii) overtime hours or added resources to perform work, (iii) shortages (whether as to labor, subcontracted services, materials, or supplies), (iv) change orders, extra work, or extra costs, or (v) inefficiency and impacts relating to the foregoing, that arise as a result of the COVID-19 pandemic or Corona virus will entitle contractor to a change order equitably addressing impacts to its time for performance and costs. Central Plant Chiller Replacement State Contract No. CTR049764 1/30/2025 Page 7 of 9 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 | Phone: 949.460.0460 | Fax: 949.460.8812 Supply Chain The parties understand and agree that (i) there are current issues with the manufacture and supply of various materials and equipment (all, collectively, “Goods”), which issues generally are referred to as “supply chain disruption” (“Disruption”), (ii) the Disruption arises from a variety of global, national, and local factors, all of which are beyond the control of Mesa Energy Systems, and (iii) the Disruption has impacted suppliers’ ability to provide Goods by dates certain, in the quantities ordered, and/or for the specified price. This proposal is conditioned on Mesa Energy Systems, Inc. confirming the price, delivery time, and availability of goods with Mesa Energy System’s subcontractors, vendors, and/or suppliers at the time when Mesa Energy Systems, Inc. and customer are ready to enter a final contract for the proposed work. Mesa Energy Systems, Inc. reserves the right to (i) adjust the proposal price and schedule in the final contract if needed due to such confirmation, and (ii) condition the final contract on, and include in it, any reservations and/or limitations that Mesa Energy Systems Inc. must accept from its subcontractors, vendors, and/or suppliers to obtain any goods. Any contract concerning this proposal shall include the following: The parties understand and agree that (i) there are current issues with the manufacture and supply of various materials and equipment (all, collectively, “Goods”), which issues generally are referred to as “supply chain disruption” (“Disruption”), (ii) the Disruption arises from a variety of global, national, and local factors, all of which are beyond the control of Mesa Energy Systems, and (iii) the Disruption has impacted supplier’s ability to provide Goods by dates certain, in the quantities ordered, and/or for the specified price. Mesa Energy Systems therefore cannot guaranty the timely or complete performance of work that is dependent on the supply of the following specific Goods for this project: ___Chiller_. And, to the extent Mesa Energy Systems’ supplier(s) are unable to meet their obligations to Mesa Energy Systems solely due to the Disruption, Mesa Energy Systems (i) shall not be deemed in breach of contract or otherwise assessed costs or damages arising from the Disruption and (ii) shall be entitled to (a) an equitable extension of time and (b) an increase in the contract price for Goods, but only if the price increases _5 % above the price Mesa Energy Systems had secured from its supplier at the time of order. Credit Card Payment A credit card surcharge of 3.00% will be charged at checkout automatically for all payments initiated via www.PayEMCOR.com. You may avoid this fee and pay via check or ACH instead. To make a payment by credit card, please go to www.payemcor.com. Enter the following 3-digit code: 778 into the “ID code” field, and Mesa Energy Systems will appear on the right-hand side of the screen. Enter your credit card and payment details as directed on the screen to complete the payment. Central Plant Chiller Replacement State Contract No. CTR049764 1/30/2025 Page 8 of 9 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 | Phone: 949.460.0460 | Fax: 949.460.8812 Terms and Conditions 1. Contractor will perform the services (“Services”) set forth in the attached proposal (“Proposal”). 2. Contractor will perform the Services during normal working hours, Monday through Friday, from 8 AM to 5PM, unless specified otherwise in writing by Contractor. If Customer requests that Contractor provide Services on an expedited basis and/or outside normal working hours, Town Of Fountain Hills shall pay all additional charges for freight, labor, or materials according to Contractor’s established rates and fees. 3. If Contractor determines that other work beyond the Services is required, such work shall not constitute a part of the Services, and Contractor will provide Town Of Fountain Hills with a quotation for such work. 4. Town Of Fountain Hills agrees to (i) provide safe and reasonable access, and any other assistance as is reasonably necessary, so that Contractor can perform the Services and (ii) remove and replace/refinish any part of the work site that must be disturbed so Contractor can perform the Services. 5. Contractor shall not perform any service that concerns hazardous materials, and shall have no responsibility for remediation, accumulation, storage, transportation, or disposal of any hazardous materials generated by Town Of Fountain Hills or present at the work site. 6. Contractor shall not be required to perform any Services where hazardous materials are present or where Contractor suspects the presence of hazardous materials, and Contractor immediately may stop providing Services in either instance and notify Town Of Fountain Hills of the circumstance giving rise to the stoppage. 7. Town Of Fountain Hills agrees to pay Contractor the lump sum or time and materials rates set forth in the Proposal, and all excise, sales, use, occupation or other similar taxes connected with Contractor’s performance of the Services. 8. Town Of Fountain Hills’s payment is due net 30 days from date of invoice, and late payment to Contractor shall be subject to interest at the rate of one and one-half percent (1½ %) per month, not to exceed the maximum amount allowed by applicable law. Contractor may cease providing Services, including warranty services, if Town Of Fountain Hills fails to make any payment that is due and owing. 9. Materials provided will be free from defects for one (1) year from the date of the Services or to the extent of the manufacturer’s warranty, whichever the lesser. Workmanship provided will be good and of a workman-like standard for sixty (60) days from the date of the Services. During the applicable warranty period, Contractor promptly shall repair or replace, at its sole option and at its own expense, any defective materials or workmanship during normal working hours (for defective materials, Contractor only will provide (i) warranty coverage to the extent that Contractor is able to enforce liability against the manufacturer and (ii) necessary labor at its own expense for sixty (60) days from the date of the Service and during normal working hours). Town Of Fountain Hills’s sole and exclusive warranty is the repair or replacement set forth herein. If Town Of Fountain Hills requests that Contractor provide warranty services on an expedited basis and/or outside normal working hours, Town Of Fountain Hills shall pay all additional charges for freight, labor, or materials according to Contractor’s established rates and fees. 10. Contractor’s warranty applies only to materials and workmanship furnished by Contractor. Contractor’s warranty shall be null and void if (i) Town Of Fountain Hills fails properly to operate and maintain equipment and/or the system for which Services were provided, (ii) acts of vandalism or other alterations or modifications occur that affect the equipment and/or the system for which Services were provided, or (ii) Town Of Fountain Hills subsequently has another contractor provide goods or services that affect to the Services. 11. Contractor shall not be liable for any delay, or loss or damage arising therefrom, and shall be entitled to additional time for the Services, if the delay is caused by an occurrence beyond the reasonable control of Contractor. 12. Contractor is not responsible for equipment and/or system design deficiencies, obsolete equipment or systems, equipment or systems beyond serviceable life, or electrical failures, and Town Of Fountain Hills shall remain obligated to pay for Services if the Proposal properly was performed but the Services do not remedy the condition giving rise to the Proposal because of the foregoing. 13. Contractor shall not be liable for operation of any equipment or system, nor for injury to person or damage to property, except to the extent such injury or damage is caused by the negligent acts or omissions of Contractor, and only to the proportionate extent of Contractor’s negligence. 14. Under no circumstances, whether arising out of contract, tort (including negligence), strict liability, warranty or otherwise, shall either party be liable to the other for special, indirect, incidental, consequential, exemplary or punitive damages of any nature. 15. In no event shall Contractor’s aggregate liability to Town Of Fountain Hills exceed an amount that is the lesser of (i) the amount of the Proposal or (ii) the cost to Contractor to repair or replace the item giving rise to the claim. 16. This Proposal shall be governed by the laws of the State where the Services are performed, without giving effect to its conflict of laws provisions. Any action concerning the subject matter of this Proposal shall be commenced in the State court of such State, which shall have exclusive jurisdiction over such action. Any such action shall be submitted TO THE COURT ONLY for resolution, WITHOUT TRIAL TO A JURY. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL REGARDING ANY SUCH ACTION. 17. Contractor shall be entitled to all fees and costs, including reasonable attorney’s fees, incurred by it in any action to collect amounts due to it from Town Of Fountain Hills. 18. By signing the Proposal, Town Of Fountain Hills authorizes Contractor to perform the Services and agrees to these Terms And Conditions and those set forth in the Proposal. Town Of Fountain Hills further agrees that the Proposal and these Terms And Conditions constitute the parties’ entire agreement, and any other documents generated or provided by Town Of Fountain Hills are intended only to create payment authority for Town Of Fountain Hills’s internal purposes. No such Town Of Fountain Hills documents shall form a part of this agreement, or constitute a counteroffer, amendment, modification, or revision, and hereby are rejected by Contractor. Central Plant Chiller Replacement State Contract No. CTR049764 1/30/2025 Page 9 of 9 Mesa Energy Systems, Inc. 2 Cromwell, Irvine, CA 92618 | Phone: 949.460.0460 | Fax: 949.460.8812 Project Cost LABOR COST…………………………………………….……..$35,500.00 MATERIALS & SUBCONTRACTOR COST.…………………$193,200.00 ENGINEERED PERMIT SET…………………….……….……$7,000.00 TAX…………………………………………………………….….$9,800.00 Total Investment Cost………………………………………. $245,500.00 *Price includes MEP Engineered Permit Drawings (Permits are Required) * This proposal, scope of work, and pricing is valid for 15-days from the date of this proposal. Payment Terms 30% Mobilization due net 60-days Remaining balance paid via progress billings due net 30-days Payments received via credit card will be charged a 3.00% surcharge. Agreement Execution This agreement defines the understanding of services between Mesa Energy Systems Inc. and Town Of Fountain Hills. This agreement shall begin on Town Of Fountain Hills’s Acceptance Date, or upon receipt of a Letter of Intent. Town Of Fountain Hills Acceptance: Mesa Energy Systems Inc: Signature Signature Printed Name Printed Name Title Date Title Date February 18, 2025 -Click or tap here to enter text. 2 CROMWELL  IRVINE, CA 92618  (949) 460-0460  LICENSE #611215 LOCAL BRANCH: 3000 E CHAMBERS ST. PHOENIX, AZ 85040 Steve Bartlett Town of Fountain Hills - Account 16705 E Avenue of the Fountains Fountain Hills, Arizona 85268 Subject: Town of Fountain Hills Refrigerant Monitor Replacement Mesa Energy Systems, Inc. (“Contractor”) is pleased to submit the following scope of work to Town of Fountain Hills - Account (“Customer”) to at 16705 E Avenue of the Fountains, Fountain Hills, Arizona 85268. Scope of Work • Electrical demolition of (1) existing Refrigerant monitoring unit, (1) existing outside A/V, (4) existing pullstations • Installation of (1) new Refrigerant monitor panel (3) sensors (FBO) at the existing Chillers, (4) breakglass (FBO) at the existing locations, (1) outside A/V (FBO) at the existing location, (1) new A/V (FBO) inside • (1) existing exhaust fan single speed control • (1) Shutdown relay panel (without UL Listing) Not to Exceed Total Cost …………………………………………………………………………………………………… $42,000.00 The price set forth herein is guaranteed for a period of 30 days from the date of this proposal. Mesa Energy Systems, Inc. thereafter reserves the right to increase the price to reflect the then-current price. The pricing in this proposal is guaranteed only for such time, and Mesa Energy Systems, Inc.’s customer assumes the risk of any price increases thereafter. If customer fails to sign this proposal timely, this proposal shall be deemed void, withdrawn, and canceled. Exclusions:  Should upon performance of the above, it be noted that any additional labor and materials are required to place the equipment in proper operational order, you will be notified, and your approval obtained prior to proceeding with any additional work.  BMS Integration.  Site Security Systems.  In the event that the project covers tasks where isolation valves are required for the work to proceed, remedying leaking or nonfunctioning valves is not included.  Additional parts and labor not specifically mentioned in the above scope. Terms & Conditions: The Terms and Conditions attached hereto are incorporated into this agreement. Please contact me at or email me at jogren@emcor.net should you have any questions or like additional information on how Mesa Energy Systems, Inc. may serve you. Customer Acceptance: Sincerely, Jonathan Ogren Signature: _______________________________ Jonathan Ogren Senior Account Manager Mesa Energy Systems, Inc. Print Name: _____________________________ Title: ___________________________________ Date: ___________________________________ February 18, 2025 -Click or tap here to enter text. 2 CROMWELL  IRVINE, CA 92618  (949) 460-0460  LICENSE #611215 LOCAL BRANCH: 3000 E CHAMBERS ST. PHOENIX, AZ 85040 Terms and Conditions: 1. Contractor will perform the services (“Services”) set forth in the attached proposal (“Proposal”). 2. Contractor will perform the Services during normal working hours, Monday through Friday, unless specified otherwise in writing by Contractor. If Customer requests that Contractor provide Services on an expedited basis and/or outside normal working hours, Customer shall pay all additional charges for freight, labor, or materials according to Contractor’s established rates and fees. 3. If Contractor determines that other work beyond the Services is required, such work shall not constitute a part of the Services, and Contractor will provide Customer with a quotation for such work. 4. Customer agrees to (i) provide safe and reasonable access, and any other assistance as is reasonably necessary, so that Contractor can perform the Services and (ii) remove and replace/refinish any part of the work site that must be disturbed so Contractor can perform the Services. 5. Contractor shall not perform any service that concerns hazardous materials, and shall have no responsibility for remediation, accumulation, storage, transportation, or disposal of any hazardous materials generated by Customer or present at the work site. 6. Contractor shall not be required to perform any Services where hazardous materials are present or where Contractor suspects the presence of hazardous materials, and Contractor immediately may stop providing Services in either instance and notify Customer of the circumstance giving rise to the stoppage. 7. Customer agrees to pay Contractor the lump sum or time and materials rates set forth in the Proposal, and all excise, sales, use, occupation or other similar taxes connected with Contractor’s performance of the Services. 8. Customer’s payment is due net 30 days from date of invoice, and late payment to Contractor shall be subject to interest at the rate of one and one-half percent (1½ %) per month, not to exceed the maximum amount allowed by applicable law. Contractor may cease providing Services, including warranty services, if Customer fails to make any payment that is due and owing. 9. Materials provided will be free from defects for one (1) year from the date of the Services or to the extent of the manufacturer’s warranty, whichever the lesser. Workmanship provided will be good and of a workman-like standard for sixty (60) days from the date of the Services. During the applicable warranty period, Contractor promptly shall repair or replace, at its sole option and at its own expense, any defective materials or workmanship during normal working hours (for defective materials, Contractor only will provide (i) warranty coverage to the extent that Contractor is able to enforce liability against the manufacturer and (ii) necessary labor at its own expense for sixty (60) days from the date of the Service and during normal working hours). Customer’s sole and exclusive warranty is the repair or replacement set forth herein. If Customer requests that Contractor provide warranty services on an expedited basis and/or outside normal working hours, Customer shall pay all additional charges for freight, labor, or materials according to Contractor’s established rates and fees. 10. Contractor’s warranty applies only to materials and workmanship furnished by Contractor. Contractor’s warranty shall be null and void if (i) Customer fails properly to operate and maintain equipment and/or the system for which Services were provided, (ii) acts of vandalism or other alterations or modifications occur that affect the equipment and/or the system for which Services were provided, or (iii) Customer subsequently has another contractor provide goods or services that affect to the Services. 11. Contractor shall not be liable for any delay, or loss or damage arising therefrom, and shall be entitled to additional time for the Services, if the delay is caused by an occurrence beyond the reasonable control of Contractor. 12. Contractor is not responsible for equipment and/or system design deficiencies, obsolete equipment or systems, equipment or systems beyond serviceable life, or electrical failures, and Customer shall remain obligated to pay for Services if the Proposal properly was performed but the Services do not remedy the condition giving rise to the Proposal because of the foregoing. 13. Contractor shall not be liable for operation of any equipment or system, nor for injury to person or damage to property, except to the extent such injury or damage is caused by the negligent acts or omissions of Contractor, and only to the proportionate extent of Contractor’s negligence. 14. Under no circumstances, whether arising out of contract, tort (including negligence), strict liability, warranty or otherwise, shall either party be liable to the other for special, indirect, incidental, consequential, exemplary or punitive damages of any nature. 15. In no event shall Contractor’s aggregate liability to Customer exceed an amount that is the lesser of (i) the amount of the Proposal or (ii) the cost to Contractor to repair or replace the item giving rise to the claim. 16. This Proposal shall be governed by the laws of the State where the Services are performed, without giving effect to its conflict of laws provisions. Any action concerning the subject matter of this Proposal shall be commenced in the State court of such State, which shall have exclusive jurisdiction over such action. Any such action shall be submitted TO THE COURT ONLY for resolution, WITHOUT TRIAL TO A JURY. THE PARTIES HEREBY WAIVE ANY RIGHT TO A JURY TRIAL REGARDING ANY SUCH ACTION. 17. Contractor shall be entitled to all fees and costs, including reasonable attorney’s fees, incurred by it in any action to collect amounts due to it from Customer. 18. By signing the Proposal, Customer authorizes Contractor to perform the Services and agrees to these Terms And Conditions and those set forth in the Proposal. Customer further agrees that the Proposal and these Terms And Conditions constitute the parties’ entire agreement, and any other documents generated or provided by Customer are intended only to create payment authority for Customer’s internal purposes. No such Customer documents shall form a part of this agreement, or constitute a counteroffer, amendment, modification, or revision, and hereby are rejected by Contractor. 19. This proposal, including but not limited to pricing and schedule, is made contingent upon the work addressed herein not being adversely affected, either directly or indirectly, by the COVID-19 pandemic and/or the Corona virus. This proposal is further conditioned upon the parties agreeing, prior to beginning of any work and in writing as part of any contract/subcontract, that any (i) schedule issues (including, but not limited to, delay, acceleration, compression, interference, hindrance), (ii) overtime hours or added resources to perform work, (iii) shortages (whether as to labor, subcontracted services, materials, or supplies), (iv) change orders, extra work, or extra costs, or (v) inefficiency and impacts relating to the foregoing, that arise as a result of the COVID-19 pandemic or Corona virus will entitle Contractor to a change order equitably addressing impacts to its time for performance and costs. 20. A credit card surcharge of 3.00% will be charged at checkout automatically for all payments initiated via www.PayEMCOR.com. Customer may avoid this fee and pay via check or ACH instead. To make a payment by credit card, please visit www.payemcor.com. Enter the following 3-digit code: 778 into the “ID code” field, and Mesa Energy Systems will appear on the right-hand side of the screen. Enter your credit card and payment details as directed on the screen to complete the payment. 21. Contractor holds the following licenses: Arizona ROC 350025 (C-4), Arizona ROC 322130 (C-77), Arizona ROC 244611 (C-39), Arizona ROC 292050 (CR-16), Arizona ROC 279512 (C-77), Arizona ROC 294369 (KB-1), California #611215 (B, C-4, C-7, C10, C20, C36, C38, C46), Nevada #0079466 (B-2), Nevada #0073520 (C-21), Nevada #0083284 (C-2A, C-2D), Nevada #0085759 (C-1), Washington #MESAEES777CH (HVAC / RFRG, MAINTENANCE), Washington #MESAEES770QF (GENERAL). ITEM 9. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/04/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Relating to any item included in the League of Arizona Cities and Towns' weekly Legislative Bulletin(s), or relating to any action proposed or pending before the State Legislature.   Staff Summary (Background) This is a regularly recurring agenda item on the Town Council agenda during the legislative session. This agenda item aims to obtain consensus from the Mayor and Council on legislative bills and provide direction, if any, to staff to communicate the town's position on the bills. For every Council meeting, the Legislative Bulletin will be attached to the Town Council agenda, including legislative analysis of the bills and their impacts on municipalities. The Mayor and Council will have an opportunity to review the bills that are under consideration in the Arizona State Legislature and provide direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to provide staff direction on one or more bills being considered by the State Legislature. Attachments League Legislative Bulletin  Form Review Inbox Reviewed By Date Town Manager Rachael Goodwin 02/25/2025 03:34 PM Form Started By: Angela Padgett-Espiritu Started On: 02/24/2025 04:55 PM Final Approval Date: 02/25/2025  View in browser Print Version Legislative Bulletin: Issue 6 – February 24, 2025   Legislative Update:   Welcome to the seventh week of session. There are a total of 1,801 measures submitted for consideration this session – 944 House Bills, 733 Senate Bills, and 124 resolutions or memorials. However, the list of live bills was significantly reduced as last week was the deadline for bills to be heard in committees in their chamber of origin. This week is crossover week where bills must receive a final vote in their chamber of origin before being transmitted to the opposite chamber for further consideration. With the exception of the Rules and Appropriations Committees, regular committees will not be meeting this week with the focus on floor action.    House Passes HCR2021 with Unexpected Tax Cap Amendment This week, the House of Representatives passed HCR2021: food; municipal tax; exemption (Biasiucci) in Committee of the Whole. The resolution would prohibit municipal taxation on food for home consumption, but with significant last-minute changes that undermine the compromise originally discussed with cities and towns. The measure now includes an amendment from Rep. Livingston (R-Peoria), which freezes existing food tax rates beginning July 1, 2025 through June 30, 2027, and requires voter approval for any increases after that date—an agreement that many mayors had signaled they could support. However, an unexpected amendment from Rep. Biasiucci (R-Lake Havasu City) was also adopted, imposing a 2% cap on all municipal food tax rates beginning July 1, 2027. This additional cap was not part of the original agreement discussed with city leaders in the House Ways & Means Committee, and it presents a major financial challenge for cities and towns. Under this amendment, 50 of the 71 Arizona cities and towns that levy a food tax would be forced to reduce their rates to 2% on July 1, 2027, impacting communities that rely on this revenue to fund public safety, infrastructure, and essential services. The estimated revenue loss from this new cap is approximately $34.2 million annually. Rural and smaller cities—many of which do not have a property tax—would be particularly hard hit, forcing difficult decisions on how to close budget gaps created by the state- imposed restriction. Despite objections from cities and strong opposition from most Democrats, the bill passed the House and now moves to the Senate. Representative Sandoval (D-Goodyear) warned that this measure would directly impact rural cities' ability to fund critical services, while Representative Crews (D-Phoenix) emphasized that the state is overriding the will of local voters and stripping municipalities of a key revenue stream. The League remains actively engaged in opposing the Biasiucci amendment and ensuring that any legislative action respects local control and protects municipal financial stability. As the debate shifts to the Senate, the League will continue to advocate for a solution that preserves local decision-making and minimizes harm to Arizona’s communities.   League Testimony   The League of Arizona Cities and Towns passionately champions municipal interests at the state legislature, actively testifying on bills and resolutions that impact cities and towns. Through collaborative partnerships and proactive engagement, we strive to empower local governments and ensure their voices are heard. In addition to those mentioned above, the League also weighed-in on the following measures last week:   HB 2222 settlement agreements; report; approval House Committee on Government Requires cities, towns, and counties to submit a report at least 90 days before entering into settlement agreements of $500,000 or more. For agreements of $1,000,000 or more, they must also submit the proposed terms to the Joint Legislative Budget Committee for review. If not submitted as required, the settlement agreement is not legally binding. Position: In opposition Result: Passed 4-3 HB 2943 municipal fire departments; defunding; prohibition House Committee on Science and Technology Prohibits cities and towns from reducing their fire department budgets below the previous year's allocation. Requires cities and towns that reduce fire department budgets to notify the State Treasurer, who must withhold state-shared revenues in an amount equal to the reduction until the funding is restored. Exempts municipalities that lack the necessary funds to maintain fire department budgets. Position: In opposition Result: Passed 5-4   HB 2409 excessive speeding House Committee on Transportation & Infrastructure A person charged with an excessive speeding violation for exceeding the posted speed limit by more than 20 miles per hour may also be issued a civil complaint for aggressive driving. Position: In opposition Result: Held SB 1287 PSPRS; part-time employment Senate Committee on Finance Beginning January 1, 2026, part-time employees in eligible public safety positions can participate in the Public Safety Personnel Retirement System (PSPRS) if their employer opts in. To qualify, part-time employees must have at least five years of credited service in PSPRS or the defined contribution plan, work between 20 and 30 hours per week, and be hired into an eligible group. Contributions for part-time service will be calculated on a pro-rata basis. Position: In support Result: Passed with amendment 6-1   SB 1369 appropriation; law enforcement; recruitment Senate Committee on Appropriations Appropriates $2 million from the state general fund in FY2025-26 to the Department of Public Safety for law enforcement officer recruitment and retention. Position: In support Result: Passed 7-2-1   SB 1185 homeless; restrooms; water; statewide preemption Senate Committee on Government Requires municipalities and counties to provide 24-hour access to publicly maintained restrooms and potable water for use by homeless individuals. Declares that homelessness is a matter of statewide concern, and these requirements are not subject to further regulation by municipalities or counties Session Deadlines Every session has deadlines pertaining to bill submissions and hearings. These are established by Senate and House rule and are subject to change. This year’s schedule is as follows:   February Friday 2/28: Last Day to Hear Bills on the floor in the Chamber of Origin   March Friday 3/28: Last Day to Hear Bills in Opposite Chamber Position: In opposition Result: Failed 3-3-1   SB 1560 referendums; strict compliance Senate Committee on Judiciary & Elections Requires strict compliance with constitutional and statutory requirements for referendums and authorizes the Secretary of State or other election officials to enforce these requirements. Requires applications for referendum petitions to be "complete and correct" (defined) before receiving an official serial number. Requires election officials to provide written reasons for rejecting an application for referendum petitions within two business days. Position: In support Result: Passed 4-3   Upcoming Hearings   HB2191 religious institutions; development; allowed use (Livingston) House Committee on Appropriations Allows religious institutions to develop single-family and multifamily residential housing on their properties as an "allowed use development," exempting them from local or county zoning ordinances. Developments must meet specific criteria, such as proximity limits to neighboring sites, parking space requirements, and adherence to water and sewer regulations. Height, setback, and lot coverage requirements are specified. Municipalities and counties are prohibited from imposing additional restrictions on allowed use developments, but may require permits and fees consistent with comparable projects. The religious institution is required to record a deed restriction allocating at least 40 percent of the units in the development for low-income households for a period of 55 years. Religious institutions must notify the county assessor when the property no longer qualifies for tax exemption. Position: Neutral with concerns Hearing: Monday, February 24 at 10:00 am in HHR 1   April Friday 4/18: Last Day for Conference Committees Tuesday 4/22: 100th Day of Session   Legislative Staff You may contact our legislative division by phone at (602) 258-5786 or by e- mail using the following information:   Tom Savage, Legislative Director: tsavage@azleague.org Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org Jarizbeth Caballero, Legislative Associate: jcaballero@azleague.org Megan Didur, Legislative Intern:: mdidur@azleague.org League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org #Keepup with us on X. Keep up with the issues and events. CLICK HERE What the League is Tracking    Stay informed about legislation that affects municipalities throughout the state. Track proposed bills and resolutions, stay updated on their progress, and actively engage in the democratic process. Here are some priority measures the League is tracking: Legislative Bill Monitoring No longer want to receive these emails? Unsubscribe.