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HomeMy WebLinkAboutAGENDApacket__03-18-25_0215_693       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 18, 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 Friedel     2.INVOCATION - Pastor Keith Pavia, Christ's Church of Fountain Hills     3.ROLL CALL – Mayor Friedel     4.STATEMENT OF PARTICIPATION     5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.VETERAN RECOGNITION - George Douglas "Doug" Katonak     B.MAYOR'S BUSINESS SPOTLIGHT - Papaya'z     C.PROCLAMATION: Recognition of the Fountain Hills High School Falcons Boys' Basketball Team.     6.PRESENTATIONS     A.PRESENTATION: Economic Development Second Quarter Update     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 18, 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 18, 2025.     B.CONSIDERATION AND POSSIBLE ACTION: Approval of an application for a Series 010 Beer and Wine Store Liquor License through the Arizona Department of Liquor Licenses and Control for All Natural Wine and Olive Oil, LLC, located at 11803 N Saguaro Blvd Suite #9, Fountain Hills, Arizona 85268.     9.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Approval of the recommended appointments to the Board of Adjustment.     B.CONSIDERATION AND POSSIBLE ACTION: Approval of application for Arizona Sports and Tourism Authority (AZSTA) Grant     C.CONSIDERATION AND POSSIBLE ACTION: Approval of application for T-Mobile Hometown Grant     D.CONSIDERATION AND POSSIBLE ACTION: Approving the Second Amendment to Cooperative Purchasing Agreement 2023-069 With Roadsafe Traffic Systems.     E.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 18, 2025 3   11.FUTURE AGENDA ITEMS     12.ADJOURNMENT           Dated this 13 day of March 2025. ____________________________________________ Angela Padgett-Espiritu, Acting 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 18, 2025 4   ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 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: Recognition of the Fountain Hills High School Falcons Boys' Basketball Team. Staff Summary (Background) Mayor Friedel will recognize and commend the Fountain Hills High School Boys’ Basketball Team for their remarkable season and their achievement in reaching the 2A State Championship.  Attachments PROCLAMATION: Recognition of the Fountain Hills High School Falcons Boys' Basketball Team  Form Review Form Started By: Angela Padgett-Espiritu Started On: 03/04/2025 09:33 AM Final Approval Date: 03/04/2025  ITEM 6. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Presentations                  Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Economic Development Second Quarter Update  Staff Summary (Background) Economic Development Director Amanda Jacobs will be presenting a second quarter (October 1, 2024 - December 31, 2024) Economic Development Update to the Town Council at its meeting on March 18, 2025. The presentation will include town efforts on business attraction, business retention and expansion, marketing, advertising, tourism and strategic partnerships.     Attachments EcDev 2nd Quarter Update  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/04/2025 12:21 PM Town Manager Rachael Goodwin 03/10/2025 06:06 PM Town Attorney Aaron D. Arnson 03/11/2025 08:50 AM Town Manager Rachael Goodwin 03/11/2025 10:40 AM Form Started By: Amanda Jacobs Started On: 02/05/2025 11:41 AM Final Approval Date: 03/11/2025  Economic Development 2nd Quarter Update Welcome! •New Economic Development Specialist •New Economic Development Ambassadors •New Openings •Gypsy Bungalow (1 employee) •RCG Technology Consultants (2 employees) •LUX Thai Massage & Spa (2 employees) •Lansia Jewelry (1 employee) •Coming Soon •Coffee Roasters •Good Living Greens (relocation) •Club Pilates •All Natural Wine and Olive Oil, LLC •Fountain Hills Food Cart Business Attraction Former Vu Restaurant Walgreens (Dark) Business Attraction Business Attraction •Mixed Use •First Floor (Restaurant/Office): 5,614 sq ft building •Second Floor (Condos): 3,832 sq ft building Former Appian Way Italian Cuisine NEW Han Korean BBQ Business Attraction •Retail/Restaurants •P39 Apothecary •Shoe Casual •Streets of NY •Business Retention and Expansion Program Business Retention & Expansion Apartment Occupancy Rate Apartment Occupancy Rate Gunsight 94% Casa Del Lago 94% Four Peaks Vista Condos 88% Pillar at Fountain Hills 93% Luna at Fountain Hills 84% Park Place at Fountain Hills 94% Average 91% Apartment Pipeline Apartment Name # of Units Status Redrock Center 17 Approved; ready to issue Malta & Saguaro 10 Permit Expired Park Place II & III 184 Approved; ready to issue Arrow Dr.5 Permit Expired Fountain Hills Blvd & Glenbrook 10 Approved; ready to issue Mountainside 70 No Application Submitted Sunflower 4 No Application Submitted Rand & Saguaro 5 Under Construction Ivory & El Pueblo 4 Under Construction El Pueblo 7 Site Plan Approved Cambria Drive & La Montaña 8 Approved; ready to issue Four Peaks Village 316 No application submitted Boardwalk Apartments at Fountain Park 12 Under Construction Total 652 Vacancy Rate –Existing Buildings *Calculated by the amount of vacant rental building area (RBA) in the property divided by the total existing RBA. Category Vacancy Rate (1st Quarter) Staff Change Vacancy Rate (2nd Quarter) CoStar Vacancy Rate (2nd Quarter) Staff Office 16.9%9.4%18.2% Industrial 11.2%0.5%10.9% Retail 25%14.6%24.5% •AOT/Property Brothers •Ad Placements •Arrived Guestbook•Arrived Magazine •Arizona Musicfest •Experience AZ Magazine •Phoenix Magazine •Adventure Special Section •Waste Management Open •Media Coverage •Downtown Strategy •Events •Regus/Co-working space •International Dark Sky Discovery Center Marketing Marketing – Turkey Trot Partnerships •Arizona Office of Tourism •Fort McDowell Yavapai Nation •Fountain Hills Chamber of Commerce •Fountain Hills Unified School District •International Dark Sky Discovery Center •Fountain Hills Times Independent •Greater Phoenix Economic Development Council •River of Time Museum •Southern Arizona Arts and Cultural Alliance •Hotel Occupancy: 68% •Instagram Impressions •Facebook: 55% Increase •Instagram: 58% Increase •Fountain Live Feed: 58,828 views •Experience Fountain Hills Website •42k New Visitors (56% Increase) Tourism Tourism Continued Experience FH Website Viewership Top 5 AZ Top 5 National Phoenix Los Angeles Scottsdale Ashburn Tempe Chicago Fountain Hills Las Vegas Mesa New York •Experience FH Logo •International Dark Sky Discovery Center •Dome Placement •Night Sky Tourist •Geminid Meteor Shower •Adero Resort •New ownership Tourism Continued Questions? ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 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 18, 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 for the Town Council Regular Meeting of February 18, 2025. SUGGESTED MOTION MOVE to approve the Minutes for the Town Council Regular Meeting of February 18, 2025, as presented. Attachments VERBATIM TRANSCRIPT  Form Review Form Started By: Angela Padgett-Espiritu Started On: 03/04/2025 09:33 AM Final Approval Date: 03/04/2025  TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR L MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 18, 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 M. Friedel; Vice Mayor Hannah Toth; Councilmember Gayle Earle; Councilmember Brenda 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. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 1 of 68 Post-Production File Town of Fountain Hills City Council Meeting Minutes February 18, 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 18, 2025 CITY COUNCIL MEETING MINUTES Page 2 of 68 MAYOR FRIEDEL: Please rise for the Pledge of Allegiance. 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: Please remain standing if you choose. Pastor Clayton Wilfer from Joy Church will lead us in invocation. WILFER: Gracious God and Heavenly Father, we thank you for this town that you have given us. I lift up the council and all here this evening. I pray that you give them your wisdom, that you lead them on in your truth and your righteousness, and that your spirit of peace be with all who are gathered here tonight, and I do pray this in the name of Jesus. Amen. ALL: Amen. MAYOR FRIEDEL: Town clerk, roll call, please. CONTRERAS: Yes, sir. Councilwoman Earle? EARLE: Here. CONTRERAS: Councilwoman Kalivianakis? KALIVIANAKIS: Here. CONTRERAS: Councilman Watts? WATTS: Here. CONTRERAS: Councilwoman McMahon? MCMAHON: Here. CONTRERAS: Councilman Skillicorn? SKILLICORN: Here. CONTRERAS: Vice Mayor Toth? TOTH: Here. CONTRERAS: Mayor Friedel? MAYOR FRIEDEL: Present. CONTRERAS: All present. MAYOR FRIEDEL: Town clerk, please read the statement of participation. CONTRERAS: Yes, sir. Thank you. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 3 of 68 Good evening, everyone. 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, the Town Clerk, prior to consideration of that agenda item. 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 public record. Please limit your comments to three minutes. It is the policy of the Mayor and council to not comment on items brought forth under call to the public. However, staff can be directed to report back to the council at a future date or to schedule items raised for a future council agenda. 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. Now, we'll have reports by mayor, council members, and town manager, Rachel. GOODWIN: Thank you, Mayor. Just a few quick updates for our audience this morning -- or this morning. This evening. Tells you what kind of day it's been. I wanted to just touch on a few things, particularly the events. The event calendar is very busy. This is our busy season when it comes to events. It's beautiful outside and we're always excited to host events here in our community. It should be noted that the Concours, Concours in the Hills, was scheduled for this past Saturday. It didn't happen. That was at the direction of the organizer. They chose to postpone, so please save the date for April 19th. That is their rescheduled date. We've had a lot of questions as to why and who picked the date and what happened. Suffice to say that there are a lot of vehicles out there, and the rain forecasted was a concern, not that it was going to rain on the day of the event, but during setup, and if the park is muddy, that's a problem to bring in those types of vehicles and things like that. And so the decision was made. The makeup date is not ideal. Obviously, we would have liked to have it a little sooner, but again, trying to align all of the different needs TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 4 of 68 with, when is the park already in use, when can we accommodate, as well as when can the organizers be there. I think one of their key members is actually out of the country for a significant amount of time, so trying to align all of those different details. Thankfully, we were able to lock down April 19th as that makeup date, so we're excited to have them back on that day. Of note, this weekend is the fair -- is the fair. Looks like it's going to be beautiful weather, so we're very excited to have all of our vendors back and a full house. March 1st is the Teen Takeover, which is a popular event over at our community center where the local teens take over from six to nine. There's games and food and activities and all kinds of stuff, so everyone's invited to join us for that, and then lastly, one question we continue to have is when will our new pickleball courts open? I am here to say they are officially open, which is very exciting. Not only the courts actually have been open for a couple of weeks, but we actually just got the lighting in place so they are usable into the evening. So for all six pickleball courts are open and available to the public, so that's my update for you. MAYOR FRIEDEL: Great. Thank you. GOODWIN: Thank you. MAYOR FRIEDEL: Councilwoman Earle? EARLE: Thank you, Mayor. I have nothing to report tonight. MAYOR FRIEDEL: Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Hello, everybody. Good evening. Thank you for attending and joining us tonight, either in person, live streaming on YouTube or Cox channel 11, citizen participation is a key element of good governance. I would like to wish everybody a happy engineers week to one and to all. Engineers play a role in shaping our future. They design and build infrastructure and systems that are to support our communities and our economies. A big shout out to David Janover (ph.) and Andy Whistler (ph.) for all you do to our town. Thanks, guys. You're doing great. I attended two ribbon cuttings with the mayor, the hill's smoke shop. If you haven't been there, even if you TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 5 of 68 don't smoke, they have a lot of nice gifts. It's a beautiful place. It's not just a head shop for teenagers. It's a very beautiful business. A lot of thought went into the design and also the Mutual of Omaha office here in town with Richelle Hopkins. She's a charming, wonderful woman, and congratulations, and thanks for locating here in Fountain Hills. The Fountain Hills Festival of Fine Arts and Crafts is this weekend and should be an exciting weekend, and thanks to everybody and all the volunteers for making that happen. We expect large crowds, so please be mindful of road closures this weekend if you live here, because there'll be a lot of out-of-towners here and a lot of inconvenience. Lastly, I'd like to express my gratitude to our beloved community center. Community centers bring people together, keep people of all ages healthy and fit, and provide learning opportunities and life skills to our residents. If you just want to look at the activities planned for next Tuesday, peer led exercise, aerobic chair exercise, video, gentle yoga, women's poker, spooner health talks, intermediate line dancing, hooks and needles, open paint, veterans to veterans, American Sign Language, blood pressure check, Bingo, Mahjong, movie, open table tennis. So we are kind of a retirement community, and a lot of people are looking for things to do, a lot of empty nesters and widowers. If you are looking for things to do other than just watch TV, the community center is chocked with activities every day, and I would encourage everybody to check out their schedule. It's on our town website. Thank you very much, Mr. Mayor. MAYOR FRIEDEL: Councilman Watts? WATTS: Thank you, Mayor. I attended a couple of the Arizona City League of Cities meetings, met with the Fountain Hills Chamber of Commerce, a couple of their representatives talking about business opportunities, where we're at today, what we can do for tomorrow, how we can improve the businesses in town, how to help them, assist them, et cetera. I met with John Wesley and Dan Kovacevic to talk about planning and zoning and interaction with the 5G issues. We agreed to leave the Chapter 17 intact the way it is, TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 6 of 68 with additional caveats to strengthen it without having to rewrite the entire ordinance, but modifying it to some degree, and looking at Chapter 16 and seeing how we can integrate small cell towers, small cell in itself, in accordance with whatever the federal and state regulations are and what the FCC has recommended, although it has not been approved yet. So there have been good meetings, strengthening and enhancing, not prohibiting, again, but managing towers in all shapes and forms in town, so that was my week. Thank you. MAYOR FRIEDEL: Thank you. Councilman Skillicorn? SKILLICORN: Thank you, Mr. Mayor. Yeah, I'll be very brief. I want to bring up just a few things going on. We did hear a little bit about the fair that is this weekend. Just remember, the traffic will be tied up in the downtown area all three days of the fair, Friday, Saturday, Sunday. Also feel free to also hop on to experiencefountainhills.org for events. I see there's hikes in the Sonoran Conservancy Group and a few other events coming up, and I also want to point out that in the news, a long time Fountain Hills resident, Sheriff Joe Arpaio -- I guess we're not going to call him sheriff anymore, because he's been named Duke by the prince of Cariati, Italy, Michael Chan. So he now has the official title of Duke of Cariati. So that's I guess his new title, so and I also welcome -- I see our Italian American club here tonight, so good evening. Have a great night. MAYOR FRIEDEL: Councilwoman McMahon? MCMAHON: Thank you. So I've done a few things, but I really want to focus on the fact that, one -- sorry. I want to focus on the fact of our dementia friendly summit educating caregivers. We had it a couple weeks ago, and it was really, really amazing and informative. We had over a hundred attendees and even one or two from out of state. It was really fantastic. We received over 85 reviews and all were of five plus. I want to thank Linda Rhody (ph.). I want to thank the Dementia Friendly Committee. I want to thank staff, all of our volunteers, all of the vendors, and just everybody who helped put it together and make it such an amazing success. This really reflects the purpose of our events and serving TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 7 of 68 our community, so I appreciate everybody's help with it. Thank you. MAYOR FRIEDEL: Thank you. Vice Mayor Toth? TOTH: While we are, of course, looking forward to concourse in the hills now on April 19th, I know that we are probably all very disappointed that it was postponed. However, Fountain Hills loves concourse in the hills. It's one of our biggest events of the year to support the Phoenix Children's Hospital, so I'm sure we'll all brave the heat to still come out and support, and I look forward to seeing everybody at the festival. As everybody knows, that holds a very special place in my heart because I used to manage it, and so I will be there. I'm very excited to see all of our artists. I know the traffic can be a pain, but it does make quite a bit of sales tax for the town. So last but not least, we did have a legislative update with the League of Arizona Cities and Towns yesterday, and I actually did have the opportunity to be at the capital last night as well. Yesterday was a pretty busy day for me, and so I did take the opportunity while I was there to just grab a couple of our legislators in the hallway and ask them about the food tax bill, because I know that is a main concern for a lot of people in town. This is the last week, which I believe was mentioned at another meeting this weekend. This is the last week for the first readings in committees for the legislature, so this is the part where we're going to be seeing a lot of the amendments to these bills. A few of the amendments that, from what I hear, are floating around, include potentially freezing the food sales tax so that it can't go up, but it won't be eliminated. Another one would be to limit the types of food that continue to be taxed, and then a third one, which I believe is going to be introduced by our Senator Kavanagh. If I'm not mistaken, he had mentioned on Saturday that he wanted to propose an exception in the bill for municipalities under a certain population. So I'm just sharing that to say, don't panic yet. We still have plenty of time, and I think some of these amendments are going to come to fruition, so we'll see what happens in the end with that bill. MAYOR FRIEDEL: Thank you. And I attended a few meetings too, as well as an TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 8 of 68 additional ribbon cutting at the Wellness Pharmacy in town. We're very fortunate to have that compounding pharmacy on the north side of town, so if you get a chance, you can stop in there. They're really friendly and a great pharmacy. I attended a Maricopa Association of Government 101 meeting with the town manager, where we sat, and they basically went over what they bring to the table for Fountain Hills. So we were really interested in the road work and the road funding that they're talking about. I also attended a GPAC meeting with mayors and supervisors, and also a couple of legislative updates, and also the Mayor's Educational Roundtable as well. So that's it for the reports by mayor and council. Now, we'll move on to the mayor's business spotlight. This is an initiative that I started a couple of months ago to recognize businesses in this town that have been outstanding community members and have been here for some time. So tonight I'd like to recognize Merita from Euro Pizza. So let me tell you a little bit about what I know about Merita and Euro Pizza. Merita is a single parent. She's a real success story, always giving back to the community, and she's done a lot of different charitable things for this community and also provided this town staff with lunch on several occasions, I believe, as well. Her restaurant is one of the favorite places for gathering and having meetings and socializing, and her pies are wonderful, and I don't mean an apple pie. I mean pizza pies. So she's been in our town 24 years, so we want to recognize you and say thank you for what you do for this community, and thanks for being in our town. So I have a certificate here I'm going to come down and hand to you, and then if you want to say a couple things about your business, you certainly can. KRAYA: Oh, thank you. Okay. Well, hi, everybody. Thank you. This is like being the first. It's an honor. Nevertheless, but I'm very proud of our town and very honored to be here tonight. My business has been here for 24 years, and I started as an engineer, and I was building the restaurant, and I ended up having it by default, so -- but it's a nice incident. I'm building another one, so hopefully you're going to support the other one as well. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 9 of 68 So I'm very busy and very, very grateful to the community for the support all these years. I raised my kids here, so this is my home forever. I appreciate the new mayor for this initiative because recognizing the businesses in town, it's a big deal. It is a struggle at certain times, but you know, the community is very, very helpful and supportive, so I appreciate all that. MAYOR FRIEDEL: Also her new business is in the same plaza, just a little bit further down, so she's not leaving town. KRAYA: No. MAYOR FRIEDEL: We wouldn't let that happen. KRAYA: Nope. MAYOR FRIEDEL: And now we're going to have the stellar student recognition, and Councilwoman Gayle Earle is going to be the reader and presenter tonight. EARLE: Thank you, Mayor. First of all, we have, from Little Falcons Preschool, Misha Manas (ph.). Are you here, Misha? Oh, yes. Come on down. Your mom can come with you. She's so cute. As I read from what your teacher wrote about you, Misha. I am so happy for the opportunity to have Misha in my classroom. She is truly a stellar student. Misha comes to school happy and excited to learn every day. She is a smart and respectful student. She is a friend to all and always kind. Misha is thoughtful to her teachers and peers and can always be counted on to lend a helping hand. Thank you, Misha. We want you to stay up front for pictures afterwards. Sorry. And next from Little Falcons Preschool, we have Reid Phillips (ph.). So Reid is a delight to have in class. He can always be counted on to follow our preschool rules, and Reid is kind, respectful, and responsible. He greets his teachers with a smile each morning. Reid is always willing to help in any way he can and is a friend to all. Reid is a smart boy who loves to learn. He is eager to take part in all of our activities -- pardon me. For these reasons, I am happy to nominate Reid Phillips as a stellar student. Now for mountain -- excuse me, McDowell Mountain Elementary School. We have Vivian Corey (ph.). Is Vivian Corey here? Okay, I'll read about her. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 10 of 68 I am so pleased to recommend Vivian Corey for Stellar Student this month. Vivian joined our district this year, and from the very first day, she has stood out as an exceptional student. Vivian is an incredibly curious and focused student. Her passion for learning is evident in the way she approaches every task, consistently diving deep into the subject matter and asking insightful questions. Her drive to understand and explore complex concepts is truly remarkable, and it is clear she has a natural talent for STEM disciplines. Beyond her academic abilities, Vivian is a student who exemplifies the core values of respect, responsibility, and kindness. She is conscious of others in and out of the classroom, always offering help to her peers and showing genuine care for their success. Her ability to balance her academic dedication with a friendly and inclusive attitude makes her a true asset to our classroom community. Despite being new to the district, she has quickly become a friend to all and is someone who encourages and uplifts others around her. Her thoughtful approach to learning and her positive presence make her not only a model student, but also a leader among her peers. It is my pleasure to recommend Vivian Corey as a stellar student, as she embodies all the qualities of the Falcon way. Congratulations, Vivi. Then we have from the McDowell Mountain Elementary School, Bennett Smith (ph.). Is Bennett Smith here? Okay. I'll just read about him. I am thrilled to recommend Bennett Smith for Stellar Student this month. In our STEM class, Bennett has a remarkable ability to grasp difficult concepts with ease and likes to think about -- likes to think outside the box and extend his learning even further. His natural aptitude for learning, particularly in areas such as coding and robotics, has been impressive to witness throughout the years. Recently, Bennett completed a particularly complicated coding challenge for our class robots. Not only did he finish the task efficiently, but he also immediately turned around and offered his assistance to another group that was struggling with the same challenge. His willingness to help others, paired with his deep understanding of the material, highlights his strong leadership qualities and collaborative spirit. Bennett TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 11 of 68 takes his academics very seriously, displaying a strong work ethic and commitment to excellence. His ability to excel on complex assignments while also showing empathy and support for his peers, makes him an outstanding candidate for this recognition. Congratulations, Bennett. Then at our middle school, we have Reagan Jewell (ph.). Is Reagan here? Reagan is always prepared and ready to work. She arrives on time, gathers her materials, and consistently follows all class rules and procedures. She actively participates in lessons and is well liked by her peers. Her positive attitude and dedication make her a pleasure to have in class. Way to go, Reagan. Then from the middle school, we also have Royal Hall (ph.). Is Royal Hall here? Okay. I'll read about him. Royal is kind to everyone and makes a special effort to ensure others feel valued and appreciated. He consistently completes his work on time and gives his best effort even when faced with challenging tasks. He listens carefully, follows all instructions, and exemplifies the qualities of an ideal student. Way to go, Royal. I'm ad libbing now. Now, from our Fountain Hills High School. Rosalind Ruble (ph.) or Ruble. Is Rosalind here? No. Okay. Rosalind is a pleasure to have in class. Always willing to help those around her or the teacher fill the awkward silence. She is a great student, always going above and beyond and generally adds fun to the classroom. Congratulations, Rosalind. And then last but not least, from the high school, we have Jaden Pena (ph.). Pena? Did I say that right? I believe Jaden goes by J.J. So J.J. is a freshman at Fountain Hills High School. He participates in several sports and is an excellent athlete, but more than that, he is a leader. He leads by example, doing the right thing and having high expectations of his peers. Although academics is not his favorite thing, he puts consistent effort into maintaining a good grade point average. He is a fine example of a student athlete, and will be an asset to the high school for years to come. Way to go, J.J. So I guess we'll all stand up here for a picture behind them. Good job, guys. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 12 of 68 MAYOR FRIEDEL: And next, we're going to start our presentations, and Amanda (ph.) is going to introduce our first presenter. AMANDA: Good evening, Mayor, members of council. I want to introduce Dr. J, our superintendent of our, as you can see on the screen, a letter grade A. That is huge for our major employer and our school district. Once a year, we ask Dr. J to come here to update council as well as the community. So he'll be providing a brief presentation and we'll open it up for any questions that council may have of Dr. J. JAGODZINSKI: Okay. Thank you. All right. Mayor Friedel, members of the council and guests, thanks for having me tonight. What I thought I would do is just give you an update on, you know, some of the things going on in our district, some of the programs we have, and since I present a lot, I have been using the website for that, so then people can go back and take a look at it again. I do all this work myself to try to save us a little money here. So this is our -- this is our new website, and first off, first thing you see is we're really proud of our A letter grade. We've worked really hard over the last -- this is my third year. My team and I have been together for the last three years, and you know, when we started, we had two C schools, and now both are now A rated schools, and the District as a whole is an A rated district, which we're really proud of. I couldn't do it without the leadership and staff and students and all the community's hard work. I do have a couple principals here. Well, they moved. Right here, so I wanted to just recognize Barry Pinto (ph.), our high school principal, and Dr. Kim Weeldreyer (ph.), our middle school principal, and I saw Denise (ph.), our little Falcons Preschool director, here, but she's probably -- oh, there she is. Say hi, Denise. Thank you. MAYOR FRIEDEL: They like switching chairs on you. JAGODZINSKI: Our elementary principal's doing kindergarten registration tonight, so she's there. So real quick, I just thought I would kind of run through some of the programs that we have, some of the things we're proud of. So the high school has received an A now for five out of the six cycles. The only one they didn't get was back in TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 13 of 68 '22, and that was the year we started. And that's when we were a C-rated school, and we've worked really hard to get that back in '23. We got the letter grade back, we kept it in '24 and it's still early for '25, but we've already done some preliminary testing, and with all the work we're doing with Arizona State and our senior internship, I'm feeling good about '25 as well. We have received the U.S. News & World Report best for the last however many years, and we've been rated an A plus School of Excellence in the past at the high school and the elementary school, so really proud of that. We've worked with a local videographer here to create some marketing videos. You're welcome to share those out on different programs that we offer and different things we're proud of. I'm going to start with some of the programs. So if you have not been to our elementary school, it is a beautiful, beautiful campus. The kids are very excited. I want to say a year after the planetarium is opened, that it is still used weekly, almost daily, so it gets a lot of use, and it is a great opportunity for our kids to experience something amazing, and that's really what I want for the kids of this town, is to have really amazing experiences, and they're getting that, now. The library, we'll be adding here shortly. Embedded in these wall graphics, AR experiences where they'll learn about the moon landings. It'll show them where they landed on the moon. It'll show over here different things about the planets, about seasons, about the Saturn rockets, and even the space shuttle and things of that nature. So that's going to be coming here shortly. That was part of the original construction. It just took a while for those to be built because they're, like, museum type experiences, so we're really excited about that. We've been working really hard on our portrait of a graduate for the last couple of years, and this is now embedded through everything that we do, and it's going to take even more of a front seat into next year as we move to even more project based learning opportunities and for kids to solve real world problems throughout their school day, and so the leadership, critical thinking, communication, responsibility, being self and goal directed, and problem solving, all come to a culmination with the senior TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 14 of 68 internship. And we have 115 students that are participating in either senior project or senior internships here through the Chamber of Commerce. I don't know of any other school district that does that, that makes all the seniors do that, and I can tell you, I've sat in on a couple of the presentations as we have some early grads, and they're doing amazing work, and we're really proud of that, that the kids are out in the community, working. One of our programs we're most excited about is FHU. This is a high school program, and so this is a partnership with Arizona State University. So we call it Fountain Hills University. Our partnership with them is being highlighted actually by Arizona State. They're going to be coming out to do a media day with us, because we have taken this to a whole other level for the partnership. What this is, is we're now offering our students 54 ASU courses that they can take while in high school, and what this really suffice -- what this really satisfies, I should say, is this is what's required to get a bachelor's degree at Arizona State, U of A. These credits are required to have these 35 plus whatever you go into for your major and minor. We can now get -- our students can now get 30 of those credits done while in high school, and we were able to do that at no cost to the families as well, and the way we've been able to do that is partially through some grant funding and then partially through donations from community members that support us and really like the work that we're doing when it comes to being innovative with our programming. So we have 114 ASU classes being taken this year through Fountain Hills High School. We start their junior year, and they can take three classes their junior year and six their senior year. That gets them to 27, and they can pick up one extra one along the way to get them to 30. This has been one of our most popular programs and the kids are really enjoying it. What's great about it is if they do have a misstep for some reason with the scores and their grades, they get to decide which classes go on their transcript and which ones they don't want to put on their transcript, so it's really a win-win for them, and it also is dual TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 15 of 68 enrollment, so a kid taking English 101 and 102, they now -- that can count towards senior English. So it gives them a chance to get two credits for one class, so this has been off the charts good for us and we're really proud of it. Little Falcons Preschool is full. They're doing great work over there and they're highly rated, and Ms. Matthews (ph.) has been with us 34 years, I want to say, 34 with the district, and she is doing great work over at Little Falcons. We still have AP Capstone, which is our highest diploma program, so students that take that will go and do a one-year study there in part two of the program, and when they finish that one-year-long study on a topic of their choice, they then defend that to the faculty. They take exams, and if they pass all that, they get a diploma from us and from the College Board, so this is our honors and gifted track, where it culminates with AP Capstone and FHU. At the middle school, we have Innovate 21, which is our honors and gifted track there, and Dr. Weeldreyer has got this off the ground. It was something we were working on when she first started, and she's taken that idea and brought it to reality. So this is again, honors Science, honors English, and honors Social Studies in a cohort together, and then they go out for math. A lot of them go to similar math because they're typically high in math, and then they have electives of their choice that they can do throughout the year. This program now has over 100 students in it, and we have seen quite a few students coming to us from neighboring districts to get into this program, which then feeds into, again, AP Capstone and FHU. We are one of the only schools I know of in the state that has free before school care for our families, so they can drop off as early as 7 a.m., and that has been really, really important for the families in this town. I know I struggled with that as when my kids were little. We have about 90 kids signed up for the program, so it's a really popular program. We have our new playgrounds are a year old now, and the kids are still enjoying them, having a great time playing. We've been really pushing back on, you know, devices, and TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 16 of 68 trying to teach parents that phones and social media and those things can be very dangerous to kids, and that they need to be out playing, and so we've been really pushing hard on play. We have multiple recesses throughout the day. I've told teachers, anytime you feel like, hey, the kids need a little break, they need to refocus, take them outside for a little bit, let them play, come back. It does great things for them. So the playgrounds are fantastic. We're really happy to have those, and the kids are really enjoying them. Outside of that, I'll just talk about our sports for a minute. Our sports teams are off to a really great start. Our boys and girls teams right now for basketball are in the playoffs, so our boys play tonight. If they win, they go to the quarterfinals, and the girls team, which I am assisting coaching on, because I say yes to pretty much everything, and excited to do it, but our girls team won last night and they are now in the quarterfinals. If they win Friday, they will go to the Former Suns arena, the coliseum for the semifinals. Boys win on Saturday, they'll be in the semifinals. If they both win those, they'll both be in the State championship game. So we have a shot at a couple of state titles here and we're very excited. We also have a girl wrestler who will be competing in the girls state championship. She's number two in the state right now. She won her sectional and she would be the first female state champion in wrestling in school history if she wins that, coming up here in the next couple of weeks. Outside of that, I'll just share that our new trimester schedule at the high school is working really well. Our kids have the opportunity to take a lot of classes, and that has opened up their schedule and given them a lot of opportunity. We still have one of the highest percentages of kids that take EVIT. I'm a big fan of EVIT. All three of my kids have attended EVIT, and Will, my son, is going into criminal justice next year, and my daughter is in the nursing program. So one thing I just want to share is for -- you know, we always deal with the fact that we have competition around us, a lot of choices, but one thing I'm just going to share is -- and I'll talk about my own kids, since I don't have to worry about any kind of violation with that, but my daughter will graduate from Fountain Hills High School. She's been TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 17 of 68 here since kindergarten. She will graduate with her CNA certificate in nursing. She will have her first year of college done through Arizona State. She will go to NAU on the Lumberjack Scholarship, which will be free tuition. When she gets there, she'll finish her bachelor's degree in probably three years or less. She'll go straight into a nurse practitioner program and will come home at the same time that most students will graduate from college with that kind of degree. My son is going into criminal justice, so he'll get 16 credits from EVIT towards college, plus the 30 from ASU. He'll have 46 college credits when he graduates from Fountain Hills High School, and he wants to go into forensics. This is an opportunity every kid in the school district has and that they can take advantage of, and if they follow the pathway, I think they're going to be off to great success. We are really working hard on preparing kids for their future, and if that future is a career or it's college, either way, we have them covered. So I'm really proud of the work we've done. The elementary school, under the new guidance of Ms. Reichler (ph.), who couldn't be here tonight. She's been here 14 years. She's doing amazing work at the elementary school. So I'm really proud of our district, and I'll take any questions that you have at this time. MAYOR FRIEDEL: Dr. Cain, what can we do to help you? JAGODZINSKI: Well, I think the biggest thing we need is just -- I still feel like there's always a perception that things are better elsewhere, and as a 21 year resident of this town, I just -- that's one of the things I struggle with. You know, I think it's important to, you know, eat in town, shop in town, go to church in town, go to school in town, all those things. So I think that's the biggest thing I struggle with, is there's still always a perception that it's better somewhere else, and that's hard to -- it's hard to get past. Like I said, I know the district has had ups and downs, but every district does. Every school does, and where we're at right now is a good place. I think the hardest part we're struggling with is just lack of kids, and I'm expecting we'll see what our kindergarten numbers look like tonight, but we'll have 115 seniors out the TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 18 of 68 door, and I'm hoping for 50 kindergartners in. So I got to always make up that number every year, and it's getting harder and harder to do, so I think just helping pass the word, perception. Everything I'm sharing with you is on our website. These are real things and good things that are happening in our town. MAYOR FRIEDEL: Okay. Councilwoman McMahon? MCMAHON: Thank you. Thank you, Doctor Cain. Listening to the presentation, it's just very, very powerful and amazing, and I'm sure all the parents really appreciate what you're offering their children. It's really unprecedented, and thank you for the success of all the students for an A rating, and the amazing success of both of your children. I know you do a lot of -- you're dedicated, and you are very powerful in what you do and provide for our students and our community, and thank you for overcoming and working to overcome the perception that education is better elsewhere than our town. So thank you very much. JAGODZINSKI: Well, thank you. I have a good team. I appreciate that. MAYOR FRIEDEL: Councilwoman Earle? EARLE: I, too, really appreciated your presentation, and really impressed that we now have the A rating. That's great, and I also wanted to know, you know, we talked about doing everything in town here, and students sometimes wanted to have a part-time job, and you mentioned there's internship here; is that -- JAGODZINSKI: Yes. EARLE: And also I don't know if it's -- I believe it's kind of new, but at the community center, they now can hire students that are 16 to 18. I'm not sure if you're aware of that or if you -- JAGODZINSKI: I was not. EARLE: So that's something that's new, and I'm wondering if there is a program, because I know I went to school at Saguaro High School and my senior year, I worked part time, and I did get credit for that. Do they get credit if they work somewhere at all for -- TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 19 of 68 JAGODZINSKI: So for the internship, they do get a credit for that, and it is a board- approved requirement for graduation, so they do about somewhere between 40 and 60 hours with the business, and then they do additional work throughout the school day during what's called our advisory hours. So they do skills assessments, they build a resume. They do interviews, like, we do, like, a mock job interview, things of that nature. So yes, they do get credit and we do have a job board, so if there are any positions you want us to post, we can certainly do that. EARLE: And would they get credit if it's a paid job, or you're saying just an internship? JAGODZINSKI: We don't have anything in place now for outside of the internship. We do work with, say, if a student has their job helps to keep the family's rent paid and things like that, we'll work with them as maybe using that as a job experience, but that's -- they got to go through the principal for that to make sure, and then we ask them if they do that -- so let's say they worked at, say, like, Safeway. We would ask them, can they work in the meat department or in the produce department to do something else to try to build their career in that area. EARLE: Great. Thank you. MAYOR FRIEDEL: Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Dr. J, thank you for being here tonight. JAGODZINSKI: Sure. KALIVIANAKIS: I, too, am very impressed with your presentation. I admire your work. You're a hero to me. Thank you for the tours that you provided to me and all the insight that you've provided to me about the school system. Your passion and your intelligence just cannot be matched, and I hope our community knows how lucky we are to have you in charge of the Fountain Hills Unified School District. You do an amazing job. I know, and parts of the country, they've eliminated their honors programs, and Fountain Hills, not only have you kept the honors programs, but you've accelerated them, and I've seen the labs, and I've seen what you've done, and that's exceptional work to take our gifts to students and give them the tools they need to excel. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 20 of 68 During your presentation, I know you have a good relationship with ASU, and I applaud you for giving college credits so children that are on the track to go to college have that opportunity and get one foot in the door while still in high school, and I was just wondering if you could just drill down just a little bit, and I know we have good relations -- you have good relationships with EVIT, but for those students that are interested in industrial arts and the trades, could you just describe the relationship that you have with EVIT? JAGODZINSKI: Yeah, we have a great relationship. I've known Dr. Wilson (ph.) a long time, and they always are really good about helping us out. We're going to be next year only going in the mornings as part of, you know, reducing our budget, but they were great about ensuring that all of our kids could get their classes, and I think there's over 50 programs there. We take the kids on field trips there to see it, and it's a really good opportunity. I mean, my kids share -- my son went through firefighting and now nursing and police, and I will just say that the kids enjoy their three hours over there. It's all hands on. It's a little different approach, and with our trimester now, they don't have to make up classes they couldn't get before, like on an online class. Now they can get all their credits between the classes we offer at the end of the day and the classes they get in the morning, so it's a good setup, and they still have off-campus lunch. We're one of the few districts that still do that, so they go out into the community. A lot of the communities have restaurants (indiscernible) lunches for them and things like that, so their schedule is nice. They go in the morning, they get back, they have about 30 minutes of downtime. They take an ASU class during that time. Then they go to lunch, they come back, and they have two periods with us over a trimester, which gives them their three credits they need to graduate on time. So our kids are actually graduating now with 27 credits instead of 22, which is the league minimum, and I don't know -- very few districts require that. So they're not only more prepared, but they're given an opportunity to take more TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 21 of 68 classes, and they've been good about it. They really like what we're doing. I have a student advisory board. I actually met with them today, and they're really excited about that, but again, I appreciate all the nice words, but it's all my team and my students and the work that they do, so we just have keep coming up with ideas to try to grow our schools. It's just getting harder to do. Yeah. KALIVIANAKIS: Thank you. Yeah. MAYOR FRIEDEL: Councilman Watts? WATTS: Thank you, Dr. J. JAGODZINSKI: Yeah. WATTS: Very powerful presentation. So powerful that I'd even consider moving to Fountain Hills if I hadn't already lived here. So my question really is, how does our economic development department and our town work with you to promote the town? Do we integrate that type of a presentation so that when we do this, we're enticing people? Do you have any idea how we do that? JAGODZINSKI: I agree, and I -- if you see here, I have a link to our town. WATTS: Right. JAGODZINSKI: So when people are looking at our district, they can go check that out, and I've worked with Betsy (ph.) on having things on here, but videos, and then I went through and took a bunch of different pictures from different places I could find, showing off our town, a town like no other. I agree. I will just give you a quick summary. I had the realtor -- I do a realtor tour every year, kay? So I just had it last week. I had 30 plus realtors come, and that's my way of making sure when they're selling houses, they know we have what we have available and that you don't have to go somewhere else. The part that was kind of, you know, I guess it depends on where you're at in belief of where our town is at, but when they did their business meeting, they had a whole section on, you know, all the listings they were sharing about around the group, right, and so there's about 12 or 15 listings they went over. The cheapest listing was 1.2 million, right, so that's the hard part, and that's the beauty of Fountain TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 22 of 68 Hills. It's a great place to live. And there's just not a lot of opportunities, I think, for young families to move here. It's very challenging to have the money down to interest rates where they're at, and then find a home that's going to fit for your family. And it wasn't like that 20 years ago when I moved here, you know, it was totally different. So I think that's one of the challenges we run into is just the fact that it's a very nice place to live. The second thing is we just had our 20 year reunion for our first state championship basketball team two weeks ago, and when I met with those kids and their families, I went around to every parent that came and they all mostly all came, and I said, you still live in that same house, and they said, yeah, yeah, yeah. I said, you all got to move, and they said, we're not moving. I said, if you don't move, I don't get any more kids, and I said, you're going to have more kids? They said, no, we're not doing that either. So that's just a dilemma, and I'm in the same situation. I don't plan to move. I'll have -- all my kids will be out in the next two years and I don't plan to move, so when houses like mine that were the cheapest in town in 2004 don't go back on the market, it just leads to a decline in enrollment over and over and over again. And there's a lot of factors, but that's one of the big ones, so I don't know how you fix that. That's just a reality of our town. I don't know if it's fixable. WATTS: Right. And much like we want to support our business community in town, I'd like to find -- I don't know if we can. I don't know if we can legally market on behalf of the school district or somehow integrate marketing into and by the school, because I don't envy you one bit. 160 in outgoing and 50 plus coming in. JAGODZINSKI: For a decade. WATTS: And it's like, really, how is that possible? JAGODZINSKI: Yeah. WATTS: It's not sustainable. So whatever we can do. JAGODZINSKI: Well, and we will have budget cuts, so they will be coming. AMANDA: Mayor, Councilmember Watts, to answer your question, Dr. J, myself, and Mike (ph.), our community relations director, met with Dr. J today. We actually meet TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 23 of 68 bimonthly to just make sure we're sharing what's going on from an economic development world, what is being planned, and then what the mayor opened with. What can we do to help you? So we do promote the school on our town website, and then we've actually shared -- and I appreciate our new PIO where he's open to --we're not just putting government things on social media. Everything is the town. Our business community is the town, the school district is the town, and again, you guys have heard me over and over again. I've been doing this for over 20 years. If we're wanting to diversify our major employers, we need to make sure we're supporting our school district, because if you're looking at bioscience, healthcare, people who are wanting to move here, it's not just a building. The building is made up of people, and CEOs and employees are looking for quality schools, and then a quality workforce, so we've brainstormed some of the stuff that's going on with the athletics, the letter grade A. Those are things we can certainly market and put it on social media. It's just making sure that we're connecting with the right people, and so Dr. J will be connecting the right person with Mr. Mike Pelton (ph.). WATTS: But even something as simple as a link to this website and promoting it in bold letters or something. Do we or can we do something along those lines to promote the school? AMANDA: Yeah, so I believe it's under our about page, but we can get the link where we do highlight our schools. We're also working on a more robust marketing brochure that, again, will include the school district, and not just the Fountain Hill School District, but then beyond ASU, U of A, because again, when you're pitching to businesses, they want everything, the whole quality of life. WATTS: Okay. Thank you. AMANDA: You're welcome. JAGODZINSKI: And I do appreciate the work the economic development team has done. I've been telling my high school kids, you better go to that Dutch Brothers. You know, you better go support it. You've been telling me you got nothing to do. So I know I go. I TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 24 of 68 tried to keep Dunkin' Donuts in business myself, but that didn't work out, but we will support it. So the more we can do together, and the town has always worked with us. Great. So I'm very happy, and if any of you want to take a tour, please let me know. I know we do reach out at least yearly to our legislators, and I know a lot of you have come and visited with me over time, and our locals do as well. Senator Kavanagh always comes when I ask. I just had a conversation with -- who was -- I just had a conversation with -- I'm drawing a blank here. You're making me nervous, now. It'll come to me, but I offer out to anyone who wants to come visit. We'll always do a tour with them. MAYOR FRIEDEL: Thank you. JAGODZINSKI: Anything else? All right. Thank you for all you do. We appreciate it. MAYOR FRIEDEL: Thank you. JAGODZINSKI: Yep. MAYOR FRIEDEL: Our next presentation is going to be by our fire chief, Chief Ott. He's going to give us an overview of the first year here with Fountain Hills and what the outlook is for the next year. Chief Ott, you're on. OTT: Thank you, Mayor, Council. Much like Dr. J, we give tours to anybody that wants to come by any of our fire stations, and I find it hard to believe here that I'm standing up here after the first year of our fire department. So January 1st was our birthday, the first for the town of Fountain Hills Fire Department, but really, where did we come from? We were part of the town from the beginning. Rural metro had a relationship with MCO back as far as '73, and it was a small contract to do a little security around the construction site and then put out a fire if one came up, and we kind of transposed from there into a fire district. One of the many districts, or three or four districts that MCO had in the beginning before incorporation. And then for some reason, Rural Metro Candidate convinced the town that doing away with the fire district was good business, and it would keep rural metro here and keep the district from starting their own fire department, so we had roots as early as 2000 to TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 25 of 68 have a town of Fountain Hills Fire Department. It just wasn't in the cards at that point, and in the early days, we were surrounded by Rural Metro. They were in Scottsdale, they did Rio Verde, they did Carefree Cave Creek. They also took care of Fort McDowell and Salt River at some point, and then those started slowly going away. We were the last contract for Rural in this area to go away. They still take care of the Rio corridor by subscription service, but we're here, and part of that had to do with the McGrath study that that came about and made it a little bit more palatable, if you will, for us to go ahead and take that over as a municipal department. The Rural contract, we had eight firefighters a day and two chiefs. That did not include ambulance service, so okay. Where we are. I'm pretty proud of how our first year has gone. As I said, we were born on January 1st, but we had some deep roots coming into that. Kind of the numbers we did in our first year, we ran 6,151 calls. Previously, we'd had about 5,000 calls per year. Calls for service have been up. Part of that is our relationship with our surrounding departments. Our fire calls, we had 66, and the big number, and kind of always surprises me. We had ran 1,025 snake calls, but and I think that might be up a little bit and might have a little bit to do with why we've run more calls. Our first year was a pretty good year for snakes, I think. Running calls, Fountain Hills to other jurisdictions. In the first year, we had our services out for 104 calls, and other jurisdictions to Fountain Hills, we had 133 calls. So not quite even, but pretty close to it, so we benefited as much from our neighbors as they did from us. We had almost 8,000 or over 8,000 training hours, and part of that is we're now part of the region for training, which was not an opportunity afforded to us in the past. Conversely, the last year of the rural contract, we had about 7,000 hours of training. Part of what we do, we're included in East Valley Ladder Training and Engine Company training all across the region. Most of those are quarterly training, but we've also added training with Fort McDowell and Salt River on a regular basis. We train with Scottsdale frequently as well. You can see in the one picture that was a -- TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 26 of 68 kind of an engine familiarization meetup with the Scottsdale engine. That's the closest one to us. They're stationed over by the Mayo Clinic. We're a member of Topaz and MRDC for our dispatch partners, and that's a key to our success as well. The high quality services that we're getting from the dispatch side of things is a huge increase from where we had been, and it gives us the ability to communicate with all the departments across the region. We're also managing our own fleet. It's been a challenge at some point, but I think we've done pretty well, and we also had a little bit of catch up maintenance to do that hadn't previously been done. We've been able to train our members to fill bump up positions. That kind of helps us with our staffing levels, so we'll have acting engineers, acting captains, and acting battalion chiefs. We've been able to maintain the minimum regional staffing of four members per truck, which is a safety and efficiency model that's pretty much standard across the country. We've been successful without the rural contract or the rural staffing pool. That was a little bit of a challenge because they had 100 and I think 75 people that could help fill positions where we have 30 to fill our 10 per day, but we've been able to manage that relatively well. So as I stated, we had eight per day and two chiefs. Previously, we have ten per day with two chiefs, a training captain, an admin assistant, Tiffany (ph.), and our HR person, Jeanette (ph.), who's -- without those two, we would have struggled a little bit to -- Dave Trimble (ph.) has helped a whole lot. We came in and rewrote the employee manual for the town to be able to include the fire department in that so that -- because we are a little bit different and a little unique. Not everything for every employee worked, but we were able to manage to rewrite some things so that it includes everything, and then also kind of puts us in there because our work schedule is different. As an example, we work 48 hours at a time, where most town employees come in and either work eight hours or ten hours for some part-time employees. So with Dave's help and McGrath as well, we kind of went through and rewrote the town policies and town handbook, I think, to benefit everybody as well. That's kind of what we like to do. We like to be here and be part of it, and as many TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 27 of 68 people hear me say, full service, and if that means that we can help out another department and help out straighten some things around, we're more than happy to be part of that. We're also in control of the decisions that benefit the town, which had not always been -- there had been decisions made that weren't always in the best interest of the town. We're now in control of that, and I think that's worked really well. I'm proud of that, too, and then kind of on just the transition side of things, we've had two people leave, younger guys that went to a couple of our regional partners where they thought that their longevity and quality of life for their family, and they all both lived on the west side of town. I agree with Dr. J. It's hard to lose people to something that they think is better when we know what we have here is the best that it can be. We were able to hire two people that were on our employee hiring list from before, so that streamlined filling those positions. And last year, we were also able to send two EMTs to medic school, so we have two more medics in our thing, and kind of part of what's happened in this last year, Rural was also sold to a company that predominantly sells fire trucks. In that sale, they -- AMR, who ended up selling Rural Metro to a company that owns Brindlee Mountain, they decided to keep all their ambulances. So that's a challenge for us moving forward. So where we had had a fire rescue up here before, we would have lost that, had we not done this transition, and we'd be not as well off with the ambulance service that we have right now. AMR has done an outstanding job to -- at almost no cost to us, and we're benefiting by a little bit of rent from having their ambulance stay here. I kind of joke with our chief financial officer that we're not really a revenue generator, but I've got that rent coming in every month. Don't like being a landlord, but every little bit helps. So then the big question. Where are we going? Where are we going to go from here? we're going to continue to improve and provide a high level of care for the residents and visitors to Fountain Hills. We're going to continue to train regionally. An example of that is we've got a MCDEM, Maricopa County Department of Emergency Management TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 28 of 68 Wildland tabletop set to go in April, and that will align us with our regional partners, being the county, state forestry, Tonto National Forest, Rio Verde, Scottsdale, Fort McDowell. Salt River will be a part of that, and the Red Cross is also going to participate in that tabletop. It'll give us the ability to have a fire scenario, and we're using a wildland scenario similar to the fires that we've had up in Eagle's Nest, because that has the greatest potential to affect our neighbors, and we'll also include the Red Cross for some evacuation things. So we're looking to promote our staff, not necessarily add to that staff. We've got some opportunities coming up where it'll be beneficial for us to have on staff battalion chiefs instead of bumping our captains up to them. And again, that is kind of centered on safety and being more efficient for the town and our regional partners. We're also doing some succession planning, which in the fire service, is typically a thing that's missed quite often. You get thrown in a position one day. They say, well, you'll make a great battalion chief. You'll make a great deputy chief. You'll make a great fire chief, without ever really getting you to that point of helping you along the way. So with our bump ups on our people, we're kind of getting them in those positions. You might find out that you don't want to be an engineer because you've been working as an acting engineer, and you'd rather stay a fireman, or you'd rather bypass that step and go to a captain, so those are things that I think greatly lack in my industry, and we hope to do a better job for that, and that also goes to help retention with the workforce that we have. One of the big things coming up is -- we'll talk about this a little bit later in future meetings, but auto aid versus mutual aid, and mutual aid is the system that we're currently in, where we have to ask for help from our neighbors when we need it. With the exception of Fort McDowell, we kind of have an enhanced automatic aid with Fort McDowell, and we get dispatched just like we were in the region and having the most appropriate closest truck dispatch to the call. I think we can do that with relatively low cost moving into auto aid, which will dispatch TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 29 of 68 the closest unit regardless of the municipality that they work for. It's worked well across the rest of the region, and when there's issues where you might be running a little bit more than into a neighboring jurisdiction than the jurisdiction that owns that area is. An example would be that Glendale run a lot of calls in Phoenix. Phoenix ended up putting a fire engine in one of the Glendale stations to kind of balance that out, so the system has a way of being able to work itself out. It's a no cost on that part of it, and those are things that we'll go deeper into, but there would be a cost associated to us at some point. One of the other things we'll be looking at is a certificate of necessity, or a CON for ambulance service. That would be a 911 only type service, and the difference is you do 911 service only, or you do 911 service and Interfacility transports, and most 911 ambulance companies right now see a little bit more money, quicker money in the interfacility. They're not challenging municipalities coming and looking for 911 CONs. Along with that, as many things in the fire service, it's kind of a cut and paste. Somebody else has done something very well. We adapt to that. Lake Havasu City, who's another MCO, or McCulloch property, has gone through the process of a 911 only CON and they've offered help to us, and I think maybe you've talked to their city manager down there at one point, and there are a number of other departments around us that have done CON successfully. Scottsdale just recently received theirs, and it can be a lengthy process. It can be an expensive process, but there's also ways to kind of cut some of those costs down, so I'll be putting together what that looks like, what the projected cost would be in time frames on that process for us. We plan on doing a small renovation at station one. There's some couple of areas that are still in the '80s, and one of the restrooms down there is in dire need of a little repair. We hope to do that with the help of local contracts, contractors, and job order contracts that are in place with the town. With that, we also have some equipment to replace, moving forward. We have applied for some grants. We won't know until after the budget is finalized, whether we've gotten the grants, so we've got a little contingency TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 30 of 68 set aside to be able to replace that equipment that we desperately need. An example would be our radios are no longer supported by Motorola. They work fine, but if something happens to them, we crack a case, one gets damaged, one loses its programming, we don't have that support to do it, so we would be down that vital piece of equipment for us on our portable radios. With that, are there any questions? MAYOR FRIEDEL: Vice Mayor Toth? TOTH: I just have a quick comment, if that's okay. Chief, I don't think you know this, but a very close friend of mine had a medical emergency a couple months ago and needed help, and I have to say, I was so incredibly grateful that she was in Fountain Hills when that happened, because I knew every one of those guys that came to help, and she felt very well taken care of, and we just we love our fire department, so thank you to you and all of your staff. We're very lucky here. OTT: Mayor, Vice Mayor, thank you. I'll try not to tear up on that, but I'll have to say that the men and women that I work with here are some of the best I've worked with in my almost 40 year career, so. MAYOR FRIEDEL: Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Thank you for your presentation, Chief. Happy birthday. OTT: Thank you. KALIVIANAKIS: I think I speak for everybody on this dais that, again, we look back at the first year of the Fountain Hills Fire Department, and the proof of the pudding is in the tasting, and it's been a spectacular success due to a lot of hard work, and I don't know how you guys do it, and all the coordination, and all the reports that you give us, but it sounds really complicated, and it sounds like we have the right people doing the job. I too have a Hannah story of thanks. Being a person five years ago that was bitten by a rattlesnake in my own home, and you guys got the call, and I wouldn't leave to go to the hospital until that darn snake was picked up by you guys and taken out of my house, because I didn't want to have to go back to a house and deal with a snake and not knowing where he was, you know? So I guess my only question on that is, do you TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 31 of 68 relocate -- I know we don't euthanize them. We relocate them. Do you relocate those things far enough that they're never going to bother anybody else again? OTT: The areas that we would have to relocate them where they would not come back again are full of houses, so it's kind of touchy. We've gone the gambit of what we've done with snakes, and 25 years ago, it was easier to find places to put them here where they were less likely to find their way back, but they are territorial. They like living here as much as we do. They were here first. They like the things we like. When it's cold, they like being warm. When it's warm, they like being cool. When they're hungry, they like to eat, so we try to get them to the best place that we can as safely as we can, and we always tell them not to come back. KALIVIANAKIS: Okay. Well, next, next time, if he does come back to me, his fate is not going to be as kind as what you guys did, but thank you for your report. OTT: You're welcome. MAYOR FRIEDEL: Councilwoman McMahon? MCMAHON: Thank you. Thank you, I appreciate it. I, too, have a snake story. They came to get a snake out of my garage and I couldn't even get in the house, I mean, literally, until they came, and I felt bad calling them because I thought they have other important things to do, but they didn't kill it. I don't know where they took it, but they took it somewhere, but anyway, I want to say, thank you. Thank you so much for your dedication and the dedication of our firefighters. You guys have really created an amazing fire department that we're all really proud of, and I look forward to it continuing, and again, thank you. OTT: Thank you. It's our pleasure to be here and serve. We've got a number of our people that are residents here and have been here for a long time, and it's kind of funny. Over the years, it had gone -- there was always talk that Fountain Hills is going on its own, and we would see an influx of people that would come up here. Never wanted to work up here before, but because they thought we were going on our own, they wanted to work here, and the core group of people we have here are people that wanted to be here, stayed here the whole time. So raise your families here, send them TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 32 of 68 to school here, and just enjoy being part of the community. MAYOR FRIEDEL: And I just want to say, it's been a seamless transition, at least on our side. I know you had a lot of work to do to get that done, but we appreciate the professionalism and the quality of service is really outstanding. So thank you. OTT: I appreciate that, and I'm glad that you didn't have as many sleepless nights as I did. MAYOR FRIEDEL: Okay. Now, we'll move on to the call to the public. CONTRERAS: Yes, sir. You have six slips this evening. MAYOR FRIEDEL: Okay. CONTRERAS: Liz Gildersleeve (ph.). GILDERSLEEVE: Good evening. Liz Gildersleeve, Fountain Hills resident. I actually have a few compliments tonight and a couple suggestions. First, I wanted to compliment the town manager and the mayor on the town's improved social media, particularly on the town's Facebook page. That has become my new go-to for learning about what's happening in our town, and I must say, it's much more substantive, timely, accurate, and better written than it was, say, about a year ago, so whoever's managing the social media, well done. Regarding town news, I'd also like to suggest that any press releases for the town go to other news sources, like Arizona Free News and the Arizona Daily Independent if it hasn't been done so already. Both of these publications have substantial subscribers, and they publish news from throughout Maricopa County. It would be good for Fountain Hills to -- Fountain Hills news to be shared with them. People have changed drastically how and where they get their news, and it's important to make sure Fountain Hills is represented on those popular sources. In fact, I'd encourage you to even ask those new outlets and perhaps other outlets to cover these council meetings, particularly on evenings like this, when important issues like community residences are discussed, as these are issues that impact all cities and towns. An example of a missed news opportunity is the recent MCSO contract renegotiation and savings to our town. I didn't see it mentioned in our local newspaper TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 33 of 68 when it happened, despite being very newsworthy. I learned about it rather from a post from the KTAR radio station. Another compliment. I'd like to thank the mayor again for starting the coffee with the mayor events. I attended the first one at Mountain View Restaurant. It was very well attended, and it was helpful to be able to ask questions and get immediate answers from the mayor. It's a great way to be transparent and introduce residents to local businesses, too. As an aside, I left with two very delicious desserts from that restaurant and they didn't last very long in my refrigerator. And finally, one last compliment, I'd like to compliment Councilman Skillicorn's suggestion at the last meeting to put the town's public notices to a competitive bid. Excellent idea, especially as people seek out other publications for news and updates. That could be another substantial cost savings to the town, so thanks again for your attention tonight and keep up the great work. MAYOR FRIEDEL: Next. CONTRERAS: Sorry about that. Shelby Blecher (ph.). BLECHER: Good evening, Mayor, council members, town staff. Shelby Blecher. One year ago, the moving trucks came and picked up all my stuff and started bringing us to Fountain Hills, so it's one year today. I wanted to talk a little bit tonight about the grant process, and the things that have been said, and the misconceptions about the grant and the study that was going to be done. And there was a lot of interesting comments in media about, you know, what that was for and what was going to be done with it, and inevitably, all you guys voted against it, and I'm thankful for that because we didn't need to waste town money on that, but that leads me to the idea about, although people talk about that grant process, no one talks about prop 479 and the half cent sales tax, and Mayor, I have to say that our town manager is absolutely amazing, because all the questions that I end up giving to her, she gives me very lengthy and detailed descriptions and explanations for what's going on. For those that don't know, prop 79 is essentially an extension of the previous voter- approved prop 400 tax. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 34 of 68 The town's current focus is on completing the widening of Shea Boulevard eastbound from Palisades to Fountain Hills Boulevard. It's about two blocks. This has been in our capital improvement project for several years and has faced internal and external hurdles. I look at it as an opportunity to slow traffic down on Shea, and I don't know why we're actually thinking about spending money on widening Shea. The Palisades and Saguaro projects are further down the road, and the current priority is Shea, but why is that money going to these types of projects? Generally, the projects operate on a 70/30 cost share with MAG so the town is still going have to come up with 30 percent of the money to fund these projects, even though we're getting money from MAG. Now, when I went through the pamphlet, the guide about prop 479, the transit investments that are raised from that are 33 percent, but the arterial streets are only 18 percent, and we get a tiny fraction of that. As a matter of fact, when you look at the arterial streets section, our projects are not even listed on this sheet as, you know, major projects for arterial plans, so I don't know -- I mean, our town manager has to play the cards that she's dealt. She has to deal with this project and she has to make do with it, but the town council can take a look at this, or look at future projects or future bond initiatives and say where we need that money to go to and what we need that money for. In closing, I'd like to say that I did notice that our former mayor made a comment that was published in this booklet where she talks about our shared responsibility to fund projects on loop 101 and loop 202, and that she felt that the population of Fountain Hills was actually going to grow to 30,000, but she didn't say by when. I think we got dealt a short hand here, and I think you guys could do better. Thank you. CONTRERAS: Matthew Corrigan (ph.). CORRIGAN: Altitude adjustment. Mr. Mayor and council, councilmembers, Matthew Corrigan. I want to make it clear tonight that I'm speaking as an individual. My opinions are entirely my own. I just want to clarify that, but I also have a compliment for the council, so but first, at the January 27th or 21st council meeting, the mayor and council majority wisely rejected the Vision Zero Road Diet Plan through the federal fiscal year TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 35 of 68 2024, SS for a grant program, saving taxpayers $300,000, of which 60,000 would have come from Fountain Hills. This plan is rife with diversity, equity, and inclusion policies. As Mayor Gerry Friedel has clarified, we already have an excellent traffic committee, and the $60,000 could very well more adequately go to washes and other infrastructure. He voted no. Councilwoman Gayle Earle asked, how is this plan racially equitable? Good question. And how does climate change relate to streets? She voted no. As reported in the AZ Free News, Councilman Allen Skillicorn also made a rational argument opposing the grant, saying this plan includes a commitment to gender equity. Why? This plan mentions greenhouse gases seven times, mentions climate change nine times. Our town and our nation have rejected wokeness and DEI. Today is a new era of common sense. This is not for our town. He voted no. Councilman Rick Watts brought up the fact that as much as ten percent of the money appropriated by the grant goes to consultants, and that bicyclists don't necessarily follow the traffic laws. He voted no. Councilwoman Hannah Toth expressed concerns about Vision Zero hidden language, and noted that often these political buzzwords are part of the liberal agenda. She voted no. All three public speakers and called to the public spoke in opposition to the grant, and cited examples of being replete -- that it was replete with DEI language and complexities of government adherence to multiple standards. On the other hand, Councilwoman Kalivianakis had concerns and similar as she said, (indiscernible) language and also expressed concerns about fraught and danger. She voted in favor. Councilwoman McMahon said she supported it and that it was just grant money, and it was only 60,000, and she voted in favor. I'm thankful to the council, the majority council, who is thinking of getting it right and our taxpayer money spent well. Thank you. CONTRERAS: Virginia O'Brien (ph.). O'BRIEN: Good evening, Mayor, city council, town staff. Appreciate your attention. My name is Virginia O'Brien, and I've been a resident of Fountain Hills for 24 years now, and the purpose of my being here this evening is for an item that will be on an agenda that's TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 36 of 68 going to be appearing. I don't know when, but in the near future. My purpose is to bring you up to speed on community involvement and activities in regard to that particular agenda item. The item I'm speaking about is a special use permit, in reference to a cell tower, 65 foot tall, on the location of Generation Church on Ironwood Road, right here in Fountain Hills. My neighbors and I became aware of this right before the planning and zoning meeting and the planning and zoning vote, and my neighbors and I went door to door and knocked on doors to see if any of them knew about this proposed cell tower that was going to go into our neighborhood. I'm here to tell you that, unfortunately, the majority of my neighbors who actually can see that church and are within a little over 301 feet from that church didn't get letters, knew nothing about it, and we had 72 hours to react and get information back to planning and zoning. In 72 hours, we got 73 signed petitions by residents in our neighborhood and beyond opposing the permit and asking P and Z to deny that permit. In fact, that evening, after I spoke and I believe six other persons spoke at the Planning and Zoning meeting, Planning and Zoning Commission voted six to zero to recommend to town council that that permit actually be denied. The reason I'm here tonight is to tell you that the neighborhoods are very, very aware of this ongoing situation and that there has been a continuance at the request of the applicants. We're watching, we're monitoring, we're staying active, and petitions are growing, and they're growing beyond my capability and my neighborhood's availability to get these pieces of paper and documents out there to satisfy the need for signed petitions. So as a result, I have gone forward and had it placed on the fountainhillssafetech.com website. It's an electronic website where you can look up the petition that I have authored, and it is out there everywhere, to review it, take it into consideration, and if you agree, to sign that petition online, and then it will be submitted and forwarded accordingly and appropriately for your information. I know that you feel very strongly about community activism and opportunities to participate. I have never been prouder to be a resident of TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 37 of 68 Fountain Hills, with the support and the signatures, and the wanting of more and more information on this subject. So on that note, I just want to thank you for your time and thank the attendees for listening and everyone at home. Again, if you want more information on denying the 65 foot tower in a residential community that zoned residential, and waive all of the ordinance that exists to make it happen, please sign the petition on fountainhillssafetech.com. Thank you for your time. MCMAHON: Beth Kulp (ph.). KULP: Good evening, Mayor. Good evening, council members. I have a couple of quick things tonight. The first one is I would like to respond briefly to, and hopefully the last time we have to talk about the January 21st meeting and the ethics complaints. That is in the hands of the outside investigator, and I just want to comment. That helped me a lot to actually read the minutes, because following what was happening, it was kind of -- it was difficult, lots of people talking over one another. But one thing I did want to directly address is the very adamant comment Crystal Kavanagh made at the last meeting, where she said there was no ROT ticket. Names didn't appear on ROTs advertisements or signs, and it didn't take me very long -- and I had help, actually. I got this from a lot of different places, but here is what I call a political advertisement. It was on Reclaim Our Town's website. It says, vote conservative for Fountain Hills and your country. It says, paid for by reclaimourtown.com. It does say, not authorized by any candidate, and then it says, time to return Fountain Hills to its roots. Conservative Councilwoman elect Earle has been elected in the primary. One down, three to go. The choice for mayor is simple, conservative republican, Gerry Friedel, and then it goes on to say for council, intelligent conservative Watts and Corrigan. So I just want to bring that to the attention of the council. Nobody was imagining that there was a ROT ticket, and to make it the subject of an ethics complaint seems silly to me, and also I don't understand why anybody would think it would be bad to be called an endorsed candidate by Reclaim Our Town. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 38 of 68 The second matter I want to bring up was briefly mentioned earlier, and that is the MCSO contract and the press release. I've requested the documents and I will be prepared at the next meeting to address them in more detail, but Mayor Friedel issued a press release that said, I am pleased to announce that the MCSO contract for Fountain Hills residents will go down roughly six percent. A short time after being sworn in, Sheriff Jerry Sheridan and I met. I expressed my concerns about the contract, and to say he listened would be an understatement. This is a win for our entire community. The press release creates the impression that a meeting was had between the mayor and the sheriff, and the sheriff decided to cut the cost of the contract six percent. That didn't happen. I'll be back at the next meeting to provide a more thorough report. Thank you. CONTRERAS: Lori Troller. TROLLER: Somebody looking for this? You left your phone up here. Lori Troller, resident. Dave, happy birthday. Congratulations, and thank you. Yeah. Fire department's awesome here. This is just a friendly reminder to the town. We got to stay current on our records, open or public records requests. What's prompting this is back in December last year, I came up and I was talking about the saguaros, all the saguaros that were popping up, and I didn't know what they were at that moment because I had just found out about them that right before the meeting. So we placed FOIA requests and we got the response back. The typical response, you know, that you're supposed to get in five days that says, yes, we received your request, and I -- Justin (ph.) put the information together. I know he did that. I've talked to him. It was never sent out. So here's my point is, I live on public records requests. I couldn't have done what I do without being able to get information. We got to stay with that. If we don't, there's state law, there's fines behind this, so we just got to make sure that we're getting those out. That's my only comment. Thank you. CONTRERAS: That's it, sir. MAYOR FRIEDEL: Thank you. We'll move on to our consent agenda items. The minutes are the only thing that are in there, so can we get a motion? TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 39 of 68 KALIVIANAKIS: Motion to approve consent agenda. EARLE: I second it. MAYOR FRIEDEL: Roll call, please. CONTRERAS: Council member Skillicorn? SKILLICORN: Yes. CONTRERAS: Councilwoman McMahon? MCMAHON: Aye. CONTRERAS: Councilwoman Earle? EARLE: Yes. CONTRERAS: Councilwoman Kalivianakis? KALIVIANAKIS: Aye. CONTRERAS: Vice mayor Toth? TOTH: Aye. CONTRERAS: Mayor Friedel? MAYOR FRIEDEL: Aye. CONTRERAS: Seven to zero. MAYOR FRIEDEL: Oh, she skipped you? Did you get Rick Watts, Councilman Watts? CONTRERAS: My apologies. Councilmember Watts? WATTS: I feel so neglected. Yes. CONTRERAS: I've been asked to try and rotate the votes and I'm getting used to the switch. My apologies. WATTS: Some voices are more important than others. CONTRERAS: Okay. MAYOR FRIEDEL: Okay. We'll move on to the regular agenda, and we've got consideration and possible action for the recommendation and appointment to the Strategic Planning Commission, so I've got the following appointments. Nick Proctor (ph.) to be filling a partial term. Patrick Garman (ph.) for reappointment. Randy Krater (ph.) for reappointment and Bernie Hanley (ph.) for reappointment. Can I get a motion? SKILLICORN: So moved. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 40 of 68 MCMAHON: Second. MAYOR FRIEDEL: Roll, call please. CONTRERAS: Yes, sir. Councilwoman Earle? EARLE: Yes. CONTRERAS: Councilmember Skillicorn? SKILLICORN: Yes. CONTRERAS: Councilwoman McMahon? MCMAHON: Aye. CONTRERAS: Councilwoman Kalivianakis? KALIVIANAKIS: Aye. CONTRERAS: Councilman Watts? WATTS: Aye. CONTRERAS: Vice Mayor Toth? TOTH: Aye. CONTRERAS: Mayor Friedel? MAYOR FRIEDEL: Aye. CONTRERAS: Seven to zero. MAYOR FRIEDEL: Thank you. And then we've got -- John Wesley is up next. Before we get to that, John, I want to make a couple of comments on this item. This item is actually on the -- h, I'm sorry. It's the next one. It's on the sign ordinance. Go ahead. WESLEY: Mayor and council, good evening. At the January 21st council meeting, under future agenda items, Councilwoman Earle brought up and got two seconds to have staff to look at and revise the sign ordinance as well as the community residents ordinance, so both of those are on for discussion this evening. I'll kind of cover maybe both a little bit here in my introduction this evening. And so we appreciate that opportunity to take a look at those ordinances again and see where revisions might be needed. With the statement that was made, however, at the council meeting to look at and revise, we really didn't have much direction in terms of what the council wanted us to do, what the issues might be, what the goals are, what TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 41 of 68 types of things they might want to see changed, and so that's why we're back here for this evening primarily, is to get further direction, based on a council discussion this evening about what it is you would like staff to look at. And so that's the first thing with both of these items we're looking for, for that information. I did want to also then comment that with most of the items that I believe will come up, that the process will be to go back to the Planning and Zoning Commission, because the items are in the zoning ordinance, so it takes their review and recommendation before the council can act, and just understand that once we take that step and go to that commission, public will be invited to come and bring up their topics, issues, concerns, suggestions, as well as a P and Z commissioners reviewing it, and will take a little bit of time and it may end up covering more things than what the council directs this evening. But that's certainly where we'll start is what the direction is from council on these items, and then my last point that I wanted to bring up before we let you all start talking about it is just to remind the council that in addition to those two items at that last council meeting, we're also given direction to work on the wireless communication ordinances, as Councilman Watts has brought up a little bit earlier this evening, and we're also working on a downtown overlay ordinance. And it's at that time where we need to be revising our building codes to the 2024 codes and working on that through this spring also to hopefully have it ready for you before you go on your summer break. So it'll be important to us to hear from the council what your priorities are for staff to work on as we tackle these issues. Any questions for me before you start your discussion? EARLE: I have a question. MAYOR FRIEDEL: Councilwoman Earle. EARLE: I think someone mentioned at the last meeting at the end about parking downtown or something; is that -- oh, okay. That's down the road. WESLEY: That one's not me, so I didn't -- EARLE: That's not you? TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 42 of 68 WESLEY: That one's not me. As far as I know, at this point, I think it's going to be Mr. Weldy on that one, but we'll arm wrestle maybe over it and see who wins. EARLE: Well, I think to that point, it's just John is trying to emphasize that there's a lot of -- there's a lot of things going on, so you know, we'd like to make sure that we're focusing on the top priorities first. First things first. MAYOR FRIEDEL: Councilman Watts. WATTS: Well, I've got a vested interest in this one. Here we go again. How about that one? I got a vested interest, John, so I like seeing 5G and getting Chapter 16 and 17, resolution 2018 consolidated so we can continue to work on that. And I, based on our discussion, we were talking about somewhere between probably 90 days to 270 days, three months to nine months to be able to get Chapter 17 done, the ordinance attached. So like I said, my vote is 5G, and my assumption was that when we do building codes, we adopt the current international building codes. Do we go -- KALIVIANAKIS: Can I have a point of order, Mr. Mayor? MAYOR FRIEDEL: What's your point of order? KALIVIANAKIS: Well, I think at this time, we should be discussing regular agenda item B. That's what we've been tasked with to do right now, which is to provide staff with direction and updating the town's sign regulations contained in Chapter 6 of the zoning ordinance. I think that talking about 5G is something that will be in a different agenda item, and -- MAYOR FRIEDEL: I think that John Wesley brought up the fact that he wants to have a priority. KALIVIANAKIS: But it has been agendized tonight. WATTS: But the question was posed by Director Wesley, what do you want as an order of priority, and I'm trying to answer that in relation to the signed ordinance. Where does it fit in the grand scheme of things, there's four or five things that were addressed or that were brought up, so how do we want to prioritize, and nobody spoke up, so I said, 5G, let's start. Secondly, I would say the building codes, if they are the adoption of the international building codes on plumbing, electrical, mechanical, et cetera, I don't TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 43 of 68 know whether we edit them or not, so that was a question back. So if you've got a comment about what you would like to see, then I suggest you make the comment. KALIVIANAKIS: I would like for our town attorney to make a comment as to whether we're violating the open meeting laws right now. ARNSON: Mayor and council, I think that the best thing to do at this point is that if there is direction to be given with respect to the sign ordinance, start with that with respect to changes that we'd like to see. If there's less of a priority compared to other things, I would also ask that you maybe make that known during your comments in the context of the sign ordinance. How about that? MAYOR FRIEDEL: Works for me. ARNSON: Thank you. MAYOR FRIEDEL: Rachel? GOODWIN: Mayor, if I may, I would like to turn the conversation over to Councilwoman Earle. She's the originator of the request, so perhaps she can kick off the conversation of what you'd like to see changed or amended in the code. EARLE: Okay. Thank you. So well, it was just -- excuse me. So are we now discussing the agenda item, Mayor? MAYOR FRIEDEL: Councilwoman Earle, go ahead. EARLE: Thank you, Mayor. Okay. Part of this got started with the meat box shop, and they were having issues with -- I don't know if anybody knows where they are, and I had a hard time finding them the first time as well, that they be allowed to have more than -- what I think right now they're allowed to have is one A frame, but so that we increase the amount of A frames allowed, and -- I don't know, do I get specific now or just -- because this isn't actually, I mean this -- okay. I'll just say what I -- they are -- right now, you can have one A frame per door, but they have a double door going in. I don't know if we can say that a double door equals two, or if there's a business that's tucked in away somewhere that they can have more than two A frames so it could be out where people can find them, like directional type signs. The other thing that I wanted to help the businesses was, there's a thrift shop or thrift store in the area where TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 44 of 68 there's Grapeables business area, and it's along El Lago. They have some railing there that they wanted to be able to put out, like a banner, or they had actually -- they showed me a permanent thing to hang there during business hours. And it would also be able to go -- also want to let the businesses that have the railing that face the fountain to be able to do that during business hours, so that people could find them. They're kind of tucked in there as well, especially the ones on El Lago, and then I also wanted to -- I wanted to address the sign free zone to revise that, because that was, like, all over the place. This is how I did give a copy of my suggestion, or just a circle of that to John of where that could be. Just a suggestion, and then it can be discussed, and where I marked it in black would be the areas that would be sign free, zones keeping, so keeping the entrance to Fountain Hills nice in those areas, and then the downtown. The Golden Eagle Park, and then also the McDowell Mountain Preserve. Within that, there is also the -- we had some other here, let's see. We have on medians, the center and the side roads, so side road of the -- not allowed. I'd like to change that to allowed, any time. Also on the -- they have -- it's on this page. I don't know if you see this page. Does that help? Oh, does it -- oh, yeah. That's just my scribbling, so please forgive my scribbling. Then also the sign free zone area. A frames and yard signs at street corners. It says, anytime, sunrise to sunset. I'd like to remove the sunrise to sunset part. Other side, streets right away, to also remove the sunrise sunset part. And that's where I had the allowing more A frames than just two, and then the banner. I'm not sure I understand a whole lot about this banner business is only permitted -- let's see, with a permit approval anytime up to 30 days, but if they're -- you know, do they have to apply every 30 days? I think that's a lot to just allow them while they still have their business, to be able to put those signs up if they're within the recommendation. Then if you scroll down one more, it was then to change the for private residential properties. This is just for the, you know, temporary signage during -- these are during election season, those two things, I guess, was instead of two yard signs, allowing four yard signs, which is a TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 45 of 68 maximum of 12 with a maximum of 12 square feet, I believe there. I think it's statewide -- it's allowed 16, if I'm correct. Am I correct? WESLEY: Councilwoman Earle? EARLE: Yes. WESLEY: For the state statutes, for political signs and the right of way, yes, it's 16 feet. I'll note that on this one, that it's six square feet per sign, and so at two -- EARLE: Oh, I thought that was per yard. Well, it says two yard signs -- WESLEY: Two yard signs, but it's six square foot per sign. EARLE: Okay. So I guess I would like it to not be reduced to only -- how do we ever change that. Put it back that they can have more than two signs in their yard, okay, but you can do your maximum of the size, so then they'd have to also look at that when it's a multi-residential property -- how to work through that. That's it. Those are my recommendations. So anybody else give you a recommendation. MAYOR FRIEDEL: Councilwoman Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Mr. Wesley, would it be possible, instead of changing the whole sign code to allow two signs for business to accommodate two businesses, which would be The Box Meat Shop and apparently, Grapeables. Could those two businesses just apply for a waiver or an SUP to add an additional sign so we don't have to change the whole code to accommodate two businesses? WESLEY: Mayor, Councilwoman Kalivianakis, we don't have that mechanism in the code now. That would be a code modification to allow for special use permits for modifications. KALIVIANAKIS: Okay. Thank you, because that might be something that planning and zoning might want to take up, as is just doing an SUP or some kind of a modification. If there is a business that has exigent circumstances, like two doors in the front, and they think they need two signs, then instead of just allowing two signs for every business in the town, which I think would look for a lot of clutter, so that's what I wanted to add. MAYOR FRIEDEL: Councilman Skillicorn. SKILLICORN: Thank you, Mr. Mayor. Actually, Director Weldy, would you mind getting TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 46 of 68 up again and just scroll back on the changes you had there? EARLE: Wesley. SKILLICORN: What? What did I say? Oh, sorry. WELDY: We're interchangeable. It's okay. SKILLICORN: Okay. WELDY: So which page did you need, sir? SKILLICORN: So is the red resort band, is that the first slide? WELDY: Yes. SKILLICORN: So really, the original intent for that was for resorts, and frankly, the current red zone is not resorts. You know, I think that we've gone way beyond the intent of that from the legislature, so I would point out that I would be okay with Councilwoman Earle's recommendation there. If we can go to the next slide? So based on previous discussions over time, I think these are pretty good. There was a specific that I had for the A frames, and I don't know if this is something that the rest of the council would be interested in. But initially, I was interested in a one square foot A frame or two six foot square foot A frames, so that situation, you know, if you have, you know, the corner lot and things like that, we want two. So they'd be a little bit smaller if you had two, but if you had one, that would be a little bigger, and frankly, these are pretty much standard sizes that businesses are already using today. That was the reason I came up with that one. If we could go on to the next slide, please, Director Wesley? This one, I was okay with, but I did want to ask the rest of the council members if they thought the six square foot is a two foot by three foot, and I just think there's some properties that I think that had something that was a little larger than that, and maybe it was -- maybe eight foot is the better number. But I'm willing -- I'm agreeable to whatever the consensus of council is, and I think that was all my comments. Well, I think it's appropriate to talk about timing. Now, some of the things that we talked about in the context of the sign code is that there are priorities that I know you guys are working behind the scenes, so I know that Councilmember TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 47 of 68 Watts and yourself, you know, Director Wesley, are working on 5G. I know behind the scenes, you're working on the code updates, and some of that is okay, that happens behind the scenes, and then you present that to us. I mean, like the code updates, that's typical, normal, when you update to the, you know, building code and I assume also the fire prevention code also. Those are normal things that are -- you come to us, you know, with, because they're not that extensive usually either, so I want to point that out, is that in that context, those are still priorities, but I know you guys work on that behind the scenes, and then when it's ready, I guess it's ready. Thank you. MAYOR FRIEDEL: Town attorney. ARNSON: Mayor, I just wanted to jump in on the sign free zone areas. It's not going to be -- a question that's going to be resolved tonight, something the council is going to have to consider as it looks to amend that map. The statute says it's 161019F, that, as Councilman Skillicorn, suggested that the generalized intent focuses on commercial tourism, commercial resort, hotel zoned areas. The rub is that you can't have -- you can have noncontiguous zones, but you can't have more than two zones within a municipality. So as the council considers this at a future date, we're going to need to go back and look and make sure that if we start to break them up into non -- currently, they're contiguous. If we start to break them up into noncontiguous zones, we're going to have to prioritize which of those areas we want to fit. MAYOR FRIEDEL: Thank you. ARNSON: You're welcome. WESLEY: And mayor, if you don't mind, I'll just jump into at this moment to make one statement or ask one question. Just to clarify on this particular item, as far as a sign-free zone, this does not have to go back to P and Z. This is not something in the zoning ordinance. So we can just bring this back directly to council as we work through this particular issue, and then my question is back to Councilwoman Earle, in terms of this slide and the comments here for modifications, these are stated as they apply to TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 48 of 68 signage during election time. And are you only looking for changes for election time or general changes for -- EARLE: For election time. WESLEY: For election time only. Okay. MAYOR FRIEDEL: Councilman Watts? WATTS: Thank you, Mayor. I'm a little concerned about an SUP concept because I think with -- if one business sees it, another business has two signs or multiple signs, whatever that is, that the only way the other business can get the two signs is by applying for an SUP. So you disadvantage the business financially by having to apply for the SUP, and the cost of that doesn't seem to be reasonable. The rest of the comment -- the rest of the requests are universal. They apply to anybody unilaterally, but when you have a special use permit that a lot of businesses are going to look at and say, I want two signs, or whatever number we come up with, and they have to pay for that. I don't think that's fair. I think it's a bit discriminatory, so I would not be in favor of SUPs. MAYOR FRIEDEL: Vice Mayor Toth. TOTH: Thank you. Now, everyone knows I get fired up about the sign ordinance. When I first ran, this was one of my number one priorities, to get this sign ordinance intact because it was one of the number one things I heard of from the town. Now, I want to add that I do agree, as far as the priority list, I would prefer 5G first. However, I still want this as a priority. I agree with Councilwoman Gayle's suggestions. I believe this would then come back onto an agenda and we would look further into this. I do have one comment to make on the sign free zone. That was based off of that legislation, that being intended for tourism and for resorts. If you look at that map, that's every major road in town, and the entire road, the part where you're just driving past houses, and in order to make one connected area, they took out almost every major corner in town. I frankly find that despicable, so I'm happy that we're looking back at it. We'll find a way to make two connected zones and protect the areas that are important to us. This is something that many of us up here promised TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 49 of 68 that we would fix, and we haven't yet, and I have to say that I'm very glad that Councilwoman Earle is here to make sure that we do that and hold us accountable to that promise that we made the people of Fountain Hills, all four of us. MAYOR FRIEDEL: Councilman Skillicorn. SKILLICORN: Thank you for letting me have one last bite at the apple. There is actually something that I did forget, and it was the page after this mentioned the banners. So I remember Director Wesley driving around with you, and we were looking at -- and there was a business we found with a banner, and as we talked about it, we were, like, we thought it was quite reasonable to make the banner a one year, so the 150 days, wanted to change that, but then also the 30 day one. So a lot of these banners are from restaurants and they use them during football season. Well, 30 day -- let's say they have a banner saying, join us for Monday Night Football. Well, if they're going to have it for 30 days, it really doesn't do them a lot of good, so I think that that one -- like, I think the appropriate one is 90 for that temporary banner. I know there's a size and everything that we discussed before. I'm sure you remember the conversations, but then the other one was -- I want to suggest -- I'll throw the number out. I'll say 364 days for the other one. That's what my suggestion would be. WESLEY: Mayor and councilmember, we do have that also -- just as an included here, we do have the one year for the new business, how many actual days or whatever we put in there. We do have that one. MAYOR FRIEDEL: Vice Mayor Toth. TOTH: I'm sorry, I realized I forgot one of my points. I want to very much clarify that I'm not interested in looking at an SUP process. I'm interested in fixing the ordinance. Our duty as a council, especially a business-friendly council that ran on helping the businesses of this town and the people of this town on this ordinance that they had their concerns about. Our duty as a council that made this promise is not to put the burden on the people. I'm not interested in that. I would not vote for that. Not supportive of it. Thank you. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 50 of 68 MAYOR FRIEDEL: Councilwoman Kalivianakis. KALIVIANAKIS: Thank you, Mr. Mayor. What we're running in here tonight is why I thought it was a bad idea to mix so many different ordinances, like 5G signs, this, that, because we start losing our way of what we're talking about, and that's not good. You know, there was changing the sign ordinance, which is what I thought was on the agenda tonight, and then there's changing the section of the code that has the political sign ordinance, so we're talking about two different things here. When I talked about an SUP on the screen right here, that's for sign code requirements during the election season, okay, so that wouldn't really apply to The Box Meat Shop or Grapeables because we're talking about the election season here, so you see how we're getting off track when we're not talking about one subject and we're just kind of throwing stuff in the mix, because we're not talking to each other, we're talking at each other, and we don't even know what we're talking about. So when I did make the suggestion not to have two A frame signs for every business in town, I think that's better public policy than giving every business two, hair salon, two, nail salon, two, two, two. It's clutter, and we don't want to be known for clutter. I don't think that's a good sign. Now, if you want to talk about the political sign ordinance, then let's just put that into a whole different conversation, but I do recall that when we did the A frame signs, as it pertains to the sign ordinance, that we did allow for an additional A frame sign if there were two areas of access and egress, and that's in the code right now. If there are businesses that have a front like Euro Pizza Cafe, we heard about tonight, parking lot, and then in the back by the lake, she is authorized to have two A frame signs at her one business, because that, again, we discussed this and that seemed very reasonable at the time. But for every business to be granted two signs, why do they need it? They have one storefront, one door. Why do they need two signs? So again, it just seems to me we're just calling for clutter, but I do wish that when we have these conversations that we would just talk about either the upgrade of the sign ordinance or the election season ordinance, and if we can just keep those separate, then we'll all TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 51 of 68 know what we're talking about. MAYOR FRIEDEL: I think it's all covered under the sign ordinance, though. ARNSON: And I apologize. I'm losing my way, too, about what we're talking about where, but I did have -- to follow up on Councilmember Kalivianakis' comment, I do have one point that the council might need to clarify, again, as we go through this process, probably is not going to get resolved tonight. Keep in mind that as we're talking about either any sort of process for approval of a sign or different types of signs that any business or person is allowed to put out, we are still restricted from regulating based on the content of the sign. And so whatever we end up coming up with, I want to make sure that we put it out there early and often, that it's not going to be, if you have a hair salon, you're entitled to have two signs that say, come to my hair salon, right, because we just can't regulate based on that, so we're going to have to figure out some creative way to make this idea work without delving into content, so I just want to put that out there. WESLEY: And mayor, if you don't mind me jumping in again, also in response to -- MAYOR FRIEDEL: And before you do, I also thought we had in the ordinance that if somebody had a blind corner, that they were also allowed two signs. I think we covered that before. WESLEY: Mayor, I don't remember anything specifically that way. It was based on the number of public entries that they could have more than one A frame sign, than most places would also have an opportunity for the yard sign, the banner sign, the -- as far as temporary signs go. MAYOR FRIEDEL: Because there were businesses that were set far back off of Park View. WESLEY: Correct. One was allowed up and one was allowed by their door. WESLEY: Right. Yes, mayor. They are allowed to be out into the right of way, away from the business. They don't have to be right there at the door, so that is in the code currently, but Mayor, again, going back to kind of what we're talking about. So the one exception to the sign ordinance itself is this sign free zone. Everything else you're TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 52 of 68 talking about this evening is in Chapter 6 of the zoning ordinance dealing with signs. What I was questioning a moment ago with Councilwoman Earle is in terms of some of these changes to allow, say, the signs in the median, was that to make the amendment only for an election period, or is that for every day change, and she clarified that she was intending these changes to be in the sign ordinance, but they apply only to. So right now, there's an exception in there for the state allowed political signs during sign season. You know, that's the part that becomes a challenge for us every year because we've got a state statute that doesn't match town code. State statute that isn't read compliant, and we're trying to be read compliant with our code, and meshing those two is what creates most of our challenge during that period, and right now, it's -- our sign code exception is only for based on the things that go to a primary, so if it doesn't have a primary, then we don't have that exception. So again, we can work some of those things into our code, again in the sign ordinance to say for any election, here's what the rules are where we kind of make that deviation, or again, to allow for signs in the yard during this period of time before an election rather than just the two. So again, it is changing the sign ordinance. It's just for a particular topic is the main thing I'm hearing. MAYOR FRIEDEL: Vice Mayor Toth. TOTH: Just to clarify, what I was referring to were the proposed changes by Councilwoman Earle. I am supportive of agendizing those. If I'm understanding you correctly, and please correct me if I'm not, it's sounding as though that would become two separate agenda items, one that goes to planning and zoning first, and then one that comes straight to us, and that would be that map; is that correct? WESLEY: Vice Mayor, that is correct. The council can consider directly the sign-free zone. That does not go to P and Z, but everything else we're talking about that's in Chapter 6 of the zoning ordinance would have to go through P and Z. TOTH: Okay. Perfect. Thank you so much. So again, that's what I'm supportive of. It looks like that there's not a suggested motion. You're just looking for direction and a head nod, so that is my direction. Thank you. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 53 of 68 MAYOR FRIEDEL: Councilwoman McMahon. MCMAHON: Thank you. I have a question, if you don't mind. When did you receive this request for going through in detail what the sign ordinance, the changes that Gayle Earle suggested? WESLEY: I received this particular information late this afternoon so that I could present it up here this evening. MCMAHON: Well, the reason I'm asking is if you received it, did you receive it in time for the agenda, because if so, why isn't it in the agenda, because when I first read this agenda item, it wasn't clear what was going to be asked or discussed. There's no, like, goal in it, et cetera, and so I wanted to -- I want to know why this wasn't put in detail on the agenda. You didn't have it? Okay. Thank you. And again, I want to exercise my concern about one more time, we're looking at the sign ordinance, and as stated in the agenda item, we've already legally reinstated it. We've already looked at it in October of '23. You've spent hundreds of hours on this at a cost to the salaries, benefits, the town, et cetera, and I'm surprised we're looking at it again, and I just feel like it's not clear in the agenda what the goals were. Thank you. MAYOR FRIEDEL: Vice Mayor Toth. TOTH: I just wanted to remind my fellow councilmembers and possibly the public, that we had, gosh, over a year ago, made adjustment to our council procedure that if we are proposing a significant amount of amendments or a significant written motion or proposal, that we write that down and forward that beforehand so that it can be on the screen. I'm just reminding everyone that this is normal procedure, as per actually the former majority on this council. MAYOR FRIEDEL: Councilwoman Earle. EARLE: Yeah. I just want to clarify that my understanding was this was just a discussion tonight, and I wanted to have everybody see a visual, because I am visual, of what my suggestions were. I asked, should I print this out just so everybody could see it, and the suggestion was it would -- if I could give it to you, you could put it up here so everybody could see it. So we're not voting on anything tonight. It's just to give you, TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 54 of 68 Councilwoman McMahon, to be able to see what it was that my suggestion was, and also I don't think we're just talking at each other. This feels like a discussion to me, Councilwoman Kalivianakis. MAYOR FRIEDEL: Councilwoman Kalivianakis? KALIVIANAKIS: Yeah. I'll make it real brief, Mr. Mayor. For the people that are interested in this sign ordinance issue, A year ago, the Fountain Hills Independent Times did a full length feature story on the history of the sign ordinance going back 20 years, and I would strongly suggest anybody that's got a dog in this hunt or wants to make suggestions or recommendations, familiarize yourself with how long this has been litigated over 20 years and all the iterations, and it always generally ends up in the quicksand, and then I think other councils have run into the same thing. So I would just put that out there, you know, there was a really good synopsis of everything that's happened before us, and the people should familiarize themselves with it. MAYOR FRIEDEL: Councilwoman McMahon. MCMAHON: Thank you. Aaron, can I please have clarification on when we're required to share information that's received about the agenda ahead of time? Is that just physical paper documentation, or does that just apply across the board? ARNSON: Mayor and council, if I can be real honest with you at this point, I don't know any more either, because we have gone back and forth on this issue so many times, and the pendulum has swung back and forth about what's acceptable to share beforehand and what's not, so I can't sit here today and tell you that I have a clear answer for you, because we've gone round and round about this issue for two years. So Rachel, it looks like you have something that you want to add. GOODWIN: If you don't mind? ARNSON: Yes. GOODWIN: Just to chime in, and I spoke with Councilmember Earle, and she and I spoke at length, and she spoke with John, and what this comes down to, and I think everybody uses the word "transparency" a lot up here, and we talk about wanting to be transparent with the public. The bottom line is that when we have a paper copy up TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 55 of 68 here, the public can't see it. The people at home can't see it. The people in the audience can't see it, and we've gotten a lot of feedback that says, when you guys do that, when we have these items up here, that negates the public engaging in that process. So in order to make sure that the group here can see it as well as those watching online, the screen is really our best tool for that mechanism to help that and to include that, and so everybody can understand what edits we're talking about. Thankfully, we appreciate that there was something prepared so that we could put that up there to begin this discussion. It is deep and it is detailed, and it does get muddy when we talk about the election season versus standard season versus a sign code. That gets very, very technical, very, very fast. So I believe this was just, again, to sort of kick off the conversation, to say, these are some suggested edits. There is no action being taken tonight. It's for discussion, and that's what we want. When we receive that information that says, hey, I want to talk about the sign code, it's helpful to say, great, let's bring it back so we can talk about it, and we can have this, versus receiving direction at the end of the council that says, I want to see edits one, two, three. Here you go, right? And then we still have to bring it back for discussion, and that's when we get into -- we get stuck. So Councilmember McMahon, I appreciate your, you know, questions about where this came from and why are we doing it this way. Honestly, it's a result of wanting to make sure that the public can see what we're talking about and discussing so that there is that transparency out there. I hope that helps answer. MAYOR FRIEDEL: Councilman Watts. WATTS: It's a suggestion. Having had the pleasure of going through this with Director Wesley, and when I'm planning and zoning, it was intense. I'd suggest that we say, here's the part that's the sign free zone and the political environment or the highlighted areas that Councilwoman Earle has presented, and then secondly, take the five items that are kind of highlighted and say, here's -- kind of like you would do in a Word document, and you would say, here's what it is, and here's what I'd like to see so it's TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 56 of 68 clear that we can enter it into the next agenda and say, this is what I see today. This is what I'd like tomorrow, and now you've got two components. One that's pretty clear because it's a sign free zone, and two, it's the five bullet points, and we should be clear, and then we can have civil dialog about what it really is. MAYOR FRIEDEL: Vice Mayor. TOTH: Obviously, I can't speak to the intentions or inner thoughts of Councilwoman Earle, but I will say that the reason that I'm supportive of this and bringing back the sign ordinance -- which I can understand questions as to why we talk about this a lot, I talk about it a lot, is because it still hasn't been done right. It's the same reason that other items are still in the works, and it's unfortunate. It's just as frustrating to those of us who keep bringing it back as it is to everyone else, so that's my last comment. MAYOR FRIEDEL: Councilwoman Kalivianakis. KALIVIANAKIS: Thank you, Mr. Mayor. MAYOR FRIEDEL: You said you were going to be short. KALIVIANAKIS: And I'll be short again, but something that I think needs to be said, and it goes on Councilwoman McMahon's concerns about documents being provided to this council prior to the meeting, and I just want to remind everybody up on this dais, some of you are new and you weren't here, but many of us were, including Aaron and Rachael, and when the 5G thing came up last time and I did a amendment to the motion, that was a pretty extensive amendment to the motion, and I did speak to Mr. Wesley prior to and to Aaron. And I presented that as a written document that did make the screen, and all holy hell broke loose on this dais saying that that's not the way it should be done, and (indiscernible) circumventing the circumstances, and I was berated by this council, and this is exactly what's being done now, the same thing that's being brought ahead of time, but at this time, it's okay that we're doing that. And so to Aaron's point, it's no wonder you're confused because when some people do it early, it's okay, and when some people don't, it's not, and so what are you supposed to do? It's an impossible situation. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 57 of 68 So I just want to remind everybody that we do need to get a policy established when we can present things beforehand and when they should be turned over, and if this was turned over this afternoon, it can be on the chyron screen and it can still be emailed to us three hours before when it gets submitted to Director Weldy. I mean, we could do both. We could get the information early and it could be presented live to the audience so they know what we're talking about. We can have them both. MAYOR FRIEDEL: I think I need to remind you that you did an extensive rewrite, nine paragraphs of that 5G code. This is three six word change, and a map that's got a couple circles on it, a vast difference from what you did before. KALIVIANAKIS: A little more, a little less. MAYOR FRIEDEL: Quite a bit. Anyway, Councilmember McMahon. MCMAHON: Thank you. I would like to remind everybody that we have five councilmembers sitting here that passed this ordinance and voted on it, and now we're revisiting it as if that didn't happen. In addition, you know, not getting this information in writing ahead of time. While I appreciate your explanation, it's not timely for the public. You don't see anybody making public comments about this, even though it's just for discussion. I'm not buying it because I didn't have the information, and the public doesn't have the information. They didn't receive notice of what's really being discussed here, or even anticipated to be discussed in the agenda, or in this, and I think that we're doing a disservice to the public because it's prevented them from even submitting public comments, online or otherwise. And again, this sign ordinance, it sounds to me like, you know, Hannah is saying, well, we didn't address this before. You have. In fact, I'm pretty sure you voted for the town ordinance -- I mean, the sign ordinance. MAYOR FRIEDEL: I think I also need to remind Councilmember McMahon that the last time that sign ordinance was passed, Brenda said we were going to have to probably make some more adjustments to it. MCMAHON: So what? And also to compare it to a 5G. We're not talking about 5G right now. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 58 of 68 MAYOR FRIEDEL: So it wasn't done right the first time. MCMAHON: Yes, it was. You voted for it. MAYOR FRIEDEL: As Councilmember Toth stated -- MCMAHON: You voted for it. UNIDENTIFIED SPEAKER: You're out of order. MAYOR FRIEDEL: Ladies. MCMAHON: I'm simply having a conversation in response to what you're saying. WESLEY: Mayor, if I may? So the goal this evening was to see if we could get some direction from the council, other than just look at and revise the code, so I was glad to have the opportunity to have some questions asked by Councilmember Earle ahead of time, as she is trying to formulate her thoughts to present this evening so we could get the ball rolling. This is the start of the process. We will be going to P and Z, where public will continue to have the opportunity to provide input on what changes, if any, are ultimately recommended, and we'll come back to council at a public hearing where the public will again have the opportunity to provide that input. So as the start this evening, I'm hearing some tweaks, both to some permanent sign regulations and to some temporary sign regulations, particularly as they apply to election signs, and so that's where we will start in our discussion with the Planning and Zoning Commission, and again, they'll be open to the public and the Commission. They may broaden it beyond those things as they see a need. They may just focus on those things if that's all they see the need to deal with, and then whatever comes back out of that discussion, through that public review, will be back for full council discussion. MAYOR FRIEDEL: And then the public will be able to weigh in as well. WESLEY: All the time. MAYOR FRIEDEL: Yes. Vice Mayor Toth. TOTH: Thank you. I'm just going to clarify that at no point did I say we had not talked about this. I said that it hadn't been done right, and I meant it. Thank you. MAYOR FRIEDEL: Councilwoman Earle. EARLE: Yes. If we're getting into the weeds -- TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 59 of 68 MAYOR FRIEDEL: Yeah. EARLE: -- I just want to clarify that I did give the map to Director Wesley a week ago, and I would like for us all to not be getting so upset up here. This is just -- we're just revisiting the sign ordinance. I know some of us have had some issues when we did the election, and where could we put our sign or not put our sign, and some were being taken, and just trying to figure it out. It was quite confusing, so in my understanding tonight was, it's just a starting point, that the public is going to get to weigh in. They will be able to at P and Z. We will then have an agenda item in a meeting when they can come and talk about it, so it's just a starting point. So I would just like us all to get along. Thank you. MAYOR FRIEDEL: Councilman Watts. WATTS: Thank you, Mayor. I think Director Wesley has his arms around this one. I think you keep it in two buckets. One is the political sign issue, and the other one is the five points. Weave it into the ordinances, come bring it back, and we'll vote on it. It's pretty straightforward. And next time, Councilwoman Earle will do a better job of chicken scratching. EARLE: I had no idea (indiscernible). WATTS: Thank you. MAYOR FRIEDEL: And before we get started on the next one, I have a few comments I'd like to make. So the next one is consideration and possible action, providing direction again to staff on possible modifications to the zoning ordinance regarding community residences. So I've been following this bill, SB 1308. That bill recently passed out of the committee to deal with inspections on these homes, and it was a six to one vote. Checking with my legislature. That was a bipartisan support of that of that bill, so that bill is in all probability, going to be passed. The reason it's bipartisan, I think, is because it dealt with quality of care. So the state is under a huge $2.5 billion Medicaid agency cost containment system, got built out of fraud by -- cost the taxpayers $2.5 billion, and I think that's probably one of the big reasons why this bill has got bipartisan support to have these inspections on these transitional homes. So my thought is to make a motion TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 60 of 68 to table this until we find out what that bill does, give some direction to our town attorney to follow that bill, and then we deal with this and not get in over our skis right now on this until that bill passes. MCMAHON: I second. Thank you for saying that. MAYOR FRIEDEL: Roll call, please. Oh, is there any -- I'm sorry. Councilwoman Earle? EARLE: Can I say something? MAYOR FRIEDEL: Yeah, go ahead. EARLE: I'm sorry. MCMAHON: Excuse me. If you need a -- if you need a councilmember to make that motion, I'll make it. I'm not sure, Gerry. MAYOR FRIEDEL: No, I -- MCMAHON: Okay, thank you. I wasn't sure, because normally, you don't, so thank you. ARNSON: So I want to make sure we're clear about language here, and I think I understand the intent of the motion -- MAYOR FRIEDEL: (Indiscernible) debating the table. ARNSON: It's right. It's not actually -- it's not actually table, I guess. It's motion to postpone. MAYOR FRIEDEL: Postpone, yes. Yep. ARNSON: And so as to that, we vote on -- what does it say? Yeah, for motions to continue, it's debatable only as to the proprietary of post -- propriety, excuse me, of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety. I don't know. If there's a comment on the continuation of the motion, go ahead. That would be my recommendation. MAYOR FRIEDEL: Councilwoman Earle. EARLE: I don't know the law, so I'm just -- ARNSON: Now I'm questioning whether I know the law or not. EARLE: Okay. I just want to make a comment as well. I thought this was just a discussion here tonight, too, but becoming aware of SB 1308 and where it's at, I agree, TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 61 of 68 and that's all, I just -- because, I mean, knowing that it's not legal for us to have unannounced inspection, I wouldn't want to do that without this, you know, what we're going through and going through the legislature, so I think that's the best avenue. ARNSON: And Mayor, if I can add to something on that? Again, I know it's debatable only as to continuing the item, but I do think it's a wise course of action. It sounds like there's consensus tonight on that, especially considering that part of that bill, as I recollect the last time I looked at it, is supposed to be not only ADHS performing inspections, but being able to engage third-party contractors. That's a big deal for actually getting these done in a timely and efficient manner, so I think you won't be waiting long to see if you take a wait and see approach. I think it's wise. MAYOR FRIEDEL: I agree, thank you. So we have a motion and a second. Roll call, please. CONTRERAS: Councilwoman McMahon. MCMAHON: Aye. CONTRERAS: Councilmember Skillicorn. SKILLICORN: Yes, to postpone. CONTRERAS: Councilman Watts. WATTS: Aye. CONTRERAS: Councilwoman Earle. EARLE: Yes. CONTRERAS: Councilwoman Kalivianakis. KALIVIANAKIS: Aye. CONTRERAS: Vice Mayor Toth. TOTH: Aye. CONTRERAS: Mayor Friedel. MAYOR FRIEDEL: Aye. CONTRERAS: Seven to zero. MAYOR FRIEDEL: Thank you. Okay. Item D is consideration of possible action related to any of the League of Arizona Cities and Towns legislative bulletins. Does anybody have TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 62 of 68 anything they want to add to any of that? Councilwoman Kalivianakis. KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, I would like to put some input on this. This is based on emails that I think myself and the council has received this week, and what happened two weeks ago at this town council meeting, during the section of the meeting when we were relating it to the Arizona Cities and Towns Bulletin. At that time, there was a recommendation that a house bill regarding Make America Healthy Again was -- we wanted a letter on that, and I think, at least for myself, I was a little uncomfortable on the process that we went through there. I think normally, these proclamations and these letter writing suggestions are things that are pretty bulletproof. You know, we don't like cancer. We like the Humane Society. They're pretty much things that we can find pretty quick consensus on. My concern and what some of my concern of my constituents was this week that I heard from is that this wasn't an uncomplicated bill. The first thing is we didn't even have the correct bill name that we were going to get the letter written until Councilmember Skillicorn straightened that out, and then we didn't even know the names of the -- TOTH: Point of order. KALIVIANAKIS: -- ingredients that went in there -- TOTH: Point of order. KALIVIANAKIS: -- and so -- MAYOR FRIEDEL: And so what's your point of order, Councilwoman Toth? TOTH: I believe unless the councilwoman is suggesting a bill to propose or oppose, that arguing a previous action by the council is not a part of this agenda item. KALIVIANAKIS: Well, we talked about last time. Should have been a future agenda item. Maybe this should be a future agenda item is, too, but I'll wrap up -- TOTH: Point of order. We're not on future agenda items. KALIVIANAKIS: I just think that this council should be provided a copy of the bill. We should get the research and scientific data that went to the legislature so we could review it ourselves, and then we should have at least a week to review -- TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 63 of 68 TOTH: Point of order. May I get a ruling on my point of order by the chair, please? KALIVIANAKIS: -- the information that we should get enough time to review it -- MAYOR FRIEDEL: Okay. KALIVIANAKIS: -- so we can have a reasonable suggestion to our town manager on writing the letter. MAYOR FRIEDEL: We will take it under advisement, Councilwoman. KALIVIANAKIS: Thank you. MAYOR FRIEDEL: Vice mayor? Councilmember Skillicorn. SKILLICORN: Thank you, Mr. Mayor. Just to briefly -- I don't want to get into the weeds here, but we could decide what the council wants to do in future agendas with this type of issue. You know, this could be skipped entirely. I don't think we want to do that. We could vote up or down so we have a roll call on bills. There was a comment by another council member about the bill text, the scientific data and stuff. That is all available online. You know, it is available at the azleg.gov. We can see the text of the bill. We can see what the -- either the senate or house staff write up on the bill. We have the same information as our legislators, so that's something we can look up ourselves. About the time, I don't know if that's realistic or not, but the -- KALIVIANAKIS: The information is available. We didn't know it was going to be on the agenda until that night, so we wouldn't have known -- SKILLICORN: I'm only giving a little leeway to have a conversation, but -- MAYOR FRIEDEL: One at a time, please. SKILLICORN: You know, that could be part of the discussion, but I wouldn't be in favor of a week because, you know, frankly, I think the bill we discussed was already out of committee, and frankly, we're just sending recommendation to the governor now because it passed bipartisan. It's going to go up on the board and overwhelmingly pass, be unanimously passed, so that is moot in a sense. So if we wait a week, you know, it might already be on the governor's desk. So there is some timeliness to this also and we only meet every two weeks. So you know, now the agenda -- now, the -- well, there could be a striker. It could be on the TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 64 of 68 board in three days and be done, and we wouldn't have an opportunity to comment on it. So you know, I'm just trying to add a little detail. I'm okay if we vote on those, but I think maybe the council should decide going forward. Frankly, we don't want to disagree with each other, and I'll be honest with the public. It's at home public. It's here. I probably disagree with the council on more things than others, and that's okay. That's what democracy is all about, so. TOTH: If I may be the point of order person again, Mr. Mayor? Point of order. We're not supposed to be discussing in this part of the agenda. MAYOR FRIEDEL: Okay. We'll move on, then. Does anybody have anything about any of the current bills, and also that -- we're all on those -- most of us are on those legislative calls, so you can do your due diligence that same day as well with those bills. KALIVIANAKIS: But we don't know what's going to be called that night to discuss, so we don't know -- MAYOR FRIEDEL: So you'll have a lot of work to do. KALIVIANAKIS: -- we don't know until the end of the meeting that that's something that we want to send a recommendation letter on. MAYOR FRIEDEL: I know. KALIVIANAKIS: There's thousands of bills and we can't be responsible to know them all. TOTH: Yeah. KALIVIANAKIS: I have a hard enough time keeping track of Fountain Hills stuff. MAYOR FRIEDEL: Councilwoman Earle. EARLE: Yes. I'm not sure if -- well, these are two things that I thought would affect our town, and it was SB 1185 when I was on the ledger -- I'm sorry, the phone call. This is to require bathroom facilities to be open 24/7 for the homeless statewide. The league is in opposition of this because they said it's not clear if, like, the town hall would have to be left open 24/7, so I don't know if you -- if we say anything to that. And the other one was that SB 1228 with a moratorium on any new regulations or standards on single family homes up to July 1st, 2028. I believe the league was in opposition of that as well. I think we -- I would assume we'd TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 65 of 68 want to be able to have control of all that, so I don't know if it's something we always do. Do we always weigh in on those or -- not sure. Anyway, don't want to cause a problem here. MAYOR FRIEDEL: I think we weigh in if the council feels we should, and the town manager. GOODWIN: We can always -- we can always take the opportunity to weigh in. That's our privilege as the representative body for Fountain Hills. To the Mayor's point is, are these two that the council feels like we want to make that effort for, and to follow up and you know, follow suit with the league on these. MAYOR FRIEDEL: Councilwoman Kalivianakis, do you need to research those? KALIVIANAKIS: Well, I don't want homeless people taking showers in town hall at 2 o'clock in the morning, so I think that's one of those kind of cure cancer ones. That's a pretty easy call. MAYOR FRIEDEL: Councilman Skillicorn. SKILLICORN: Yeah, on the bathroom, one, I don't see an issue with. Ironically, after talking about it, I do want to look a little more into the zoning one. I'm 99.9 percent sure that I will oppose it, and it looks like it's already opposed by people in our community. I don't see if I see any of us. Oh, Councilwoman McMahon is already opposed to it. Ironically, I see people that are residents that are against it. I just want -- I'd want -- that one, I would personally do a little research, so if we took a roll call, I'd either have to say that I'd go along with opposing it, or I'd have to vote present. MAYOR FRIEDEL: Vice Mayor. TOTH: I agree, and with all the not quite to topic comments in this agenda item, I get at least one joke. Curing cancer is also why I brought up the bill a couple weeks ago, so. MAYOR FRIEDEL: Councilwoman McMahon. MCMAHON: Thank you very much. I appreciate it. I think that -- I don't think it's necessary that we weigh in. The league has already weighed in, so. MAYOR FRIEDEL: We'll move on, then, to council direction, to the town manager. Councilman Skillicorn. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 66 of 68 SKILLICORN: .Thank you, Mr. Mayor. Real quick, I want to double check. Town Manager, I had a couple -- someone asked me if there's been any progress on the newspaper public notice bits? GOODWIN: Yes, absolutely. Actually, I don't know that Rob (ph.) is here, but our procurement officer has taken the lead on that. So to sum it up, there's a number of different types of notices we have to do, and they -- whether it's a construction bid, whether it is for zoning changes, whatever. So we have six or eight different types, so we're just going through to figure out if we have different requirements for each of those and how to manage that, so yes, it's absolutely underway. SKILLICORN: Thank you very much. MAYOR FRIEDEL: Vice Mayor. TOTH: Sorry, I just got excited for the next one. MAYOR FRIEDEL: All right. If there's nothing else for the town manager, how about future agenda items? Vice Mayor. TOTH: I don't know if this technically would need to be an agenda item, or if we just notice it to avoid open meetings, but I really strongly suggest a refresher on Roberts Rules and the council procedure and decorum during meetings. I mean, we have had some interesting meetings this year, and I think we could all use a refresher on how these are supposed to go. And then number two, I would like to propose to agendize the creation of an appointment for a three-person council work group to propose changes to Chapter 2 of the Town Code on the March 4th agenda. Chapter 2, for context, is the mayor and council portion of the code. MCMAHON: I'll second that. MAYOR FRIEDEL: Do we have enough? Do we have enough votes to do that? CONTRERAS: I -- MAYOR FRIEDEL: Yeah. Three? Yeah. There's three. GOODWIN: And Mayor, you also have the authority if you'd like to place that on the agenda. MAYOR FRIEDEL: Okay. Councilmember Earle. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 67 of 68 CONTRERAS: Yes. I would like to propose the council revisit the sanctions imposed on Allen Skillicorn, which were brought up March 5th, 2024, finished March 19th, 2024, and I would request that this be put on the March 4th, 2025 meeting. TOTH: I'll second that. MAYOR FRIEDEL: Are you a third? WATTS: I'll third it, then. MAYOR FRIEDEL: Okay. GOODWIN: I have both of those noted. Just as a preview, March 4th is going to be a big agenda. MAYOR FRIEDEL: Councilman Skillicorn. SKILLICORN: Thank you, Mr. Mayor. I would like to propose and make a motion for a DEI ordinance. I do have something that I can submit to council, the clerk and council. MCMAHON: I'll second that. GOODWIN: I think we actually got a word of that through the mayor, and that is actually on the 4th agenda as well. SKILLICORN: Okay. I just wanted -- I had specific language I wanted to submit. GOODWIN: Okay. If that's something that you could forward to the town clerk, that would be great. We are a little bit under the gun to get that -- to get that agenda out next week with a short week this week, we're just a little crunched on time. So the sooner we can get that, I -- SKILLICORN: Yeah, and I understand time lines. I just had something I had very specific. GOODWIN: Thank you. MAYOR FRIEDEL: Councilman Watts. Councilwoman McMahon. MCMAHON: Mayor, it sounds to me like the May 4th agenda is pretty, pretty packed. MAYOR FRIEDEL: March 4th, yes. MCMAHON: Excuse me, yes. Thank you. So maybe we can redistribute some of those items so that it's not so weighted and we have more time to discuss matters. Thank you. MAYOR FRIEDEL: Thank you. We will take that under advisement. TOWN OF FOUNTAIN HILLS FEBRUARY 18, 2025 CITY COUNCIL MEETING MINUTES Page 68 of 68 GOODWIN: Yes. Why don't we -- MAYOR FRIEDEL: Take a look at that. GOODWIN: I'll pull together a -- the tentative agenda, and Mayor, you and I can review that to see if there's anything that can be -- MAYOR FRIEDEL: Pushed one meeting? GOODWIN: Um-hum. MAYOR FRIEDEL: Yeah. Okay. Thank you. Anything else? Can I get a motion for adjournment? TOTH: So moved. SKILLICORN: Second. MAYOR FRIEDEL: All in favor? ALL: Aye. MAYOR FRIEDEL: Thank you. Having no further business, Mayor Gerry M. Friedel adjourned the Regular Meeting of the Fountain Hills Town Council held on February 18, 2025, at 8:10 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 18th day of February 2025. I further certify that the meeting was duly called and that a quorum was present. DATED 18th day of March 2025. _________________________________ Angela Padgett-Espiritu, Acting Town Clerk ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 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: Approval of an application for a Series 010 Beer and Wine Store Liquor License through the Arizona Department of Liquor Licenses and Control for All Natural Wine and Olive Oil, LLC, located at 11803 N Saguaro Blvd Suite #9, Fountain Hills, Arizona 85268. Staff Summary (Background) The purpose of this item is to obtain the Town Council's recommendation regarding an application for a Series 010 Beer and Wine Store Liquor License submitted by Dale-Ann Narasimhan, agent of All Natural Wine and Olive Oil, LLC, for submission to the Arizona Department of Liquor Licenses and Control.  Staff reviewed the liquor license application and found that it is in full compliance with Town Ordinances. Related Ordinance, Policy or Guiding Principle A.R.S. §4-201; 4-202; 4-203; 4-205 and R19-1-102. Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the liquor license application. SUGGESTED MOTION MOVE to Approve a Series 010 Beer and Wine Store Liquor License application for All Natural Wine and Olive Oil, LLC.   Attachments Application  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/03/2025 02:22 PM Town Manager Rachael Goodwin 03/10/2025 06:07 PM Town Attorney Aaron D. Arnson 03/11/2025 08:50 AM Town Manager Rachael Goodwin 03/11/2025 10:40 AM Form Started By: Paul Soldinger Started On: 03/03/2025 01:50 PM Final Approval Date: 03/11/2025  ITEM 9. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the recommended appointments to the Board of Adjustment. Staff Summary (Background) The Council Subcommittees for the Town's Boards, Commissions, and Committees oversee the appointment process for new members based on term expirations, vacancies due to resignations, or changes in membership eligibility. While appointments are generally made biannually in April and October, recent resignations created unanticipated vacancies on the Board of Adjustment, necessitating a recruitment process.  To fill the two vacancies, Town staff conducted a recruitment process and forwarded the applications to the Council Subcommittee for the Boards, Commissions, and Committees.  On March 4, 2025, the Subcommittee convened to:    Interview three candidates for the two vacant seats on the Board of Adjustment Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommendations to the Mayor have been made by the Council Subcommittee. Staff Recommendation(s) Approve the Council Subcommittee's recommendation for appointments to the Board of Adjustment, as follows: Appointment of _______________to a partial term from March 19, 2025, to October 31, 2026. Appointment of _______________to a partial term from March 19, 2025, to October 31, 2027. SUGGESTED MOTION MOVE to approve the Council Subcommittees' recommendations for the appointment to the Board of Adjustment to fill the two current vacancies, as presented.  Form Review Inbox Reviewed By Date Development Services Director John Wesley 02/26/2025 11:56 AM Town Attorney Aaron D. Arnson 03/03/2025 02:22 PM Town Manager Rachael Goodwin 03/10/2025 06:06 PM Form Started By: Paula Woodward Started On: 02/26/2025 10:56 AM Final Approval Date: 03/10/2025  ITEM 9. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Kevin Snipes, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of application for Arizona Sports and Tourism Authority (AZSTA) Grant Staff Summary (Background) Staff recommends applying for the Arizona Sports & Tourism Authority (AZSTA) FY2026 Biennial Grant to support the resurfacing of various sport courts within the Town. Since 2000, AZSTA has awarded approximately 600 grants totaling $32 million to organizations that promote youth and amateur sports in Maricopa County. The Town has successfully received funding from this grant twice in the past decade, which contributed to the construction of tennis courts at Golden Eagle Park and Four Peaks Park, as well as the basketball court at Four Peaks Park.  Grant Details: Grant Amount Requested: $90,000 Town’s Required Match: $30,000 (1/3 of total project cost) from the CIP budget AZSTA Contribution: Up to 2/3 of the project cost, at AZSTA’s discretion, with a maximum award of $250,000 Eligibility: Projects must begin on or after July 1, 2025 Application Deadline: March 31, 2025, at 5:00 p.m. Award Notification & Agreement: Recipients will be notified and must execute a Funding Agreement within 30 days of award notification. Project Completion Timeline: The project must be fully completed within 12 months of executing the Funding Agreement. Grant Reporting Requirement: A Grant Reporting and Management Workshop is mandatory for all award recipients, and a final project progress report will be required upon project completion. More details about AZSTA and the grant can be found here: Apply for Arizona Sports & Tourism Authority Grants (www.az-sta.com/grants) Proposed Project:  This grant request will fund the resurfacing of multiple sport courts to maintain safe and high-quality recreational facilities for the community. The project will include:  Tennis court resurfacing at Four Peaks Park Tennis and basketball court resurfacing at Golden Eagle Park Fence and windscreen repairs as needed The existing court surfaces are 10 to 11 years old and are beginning to show significant wear, including cracking. The typical lifespan of an acrylic sport court surface is 8 to 10 years, making this maintenance a necessary investment to ensure the continued usability and safety of these recreational amenities.  Funding Considerations:  Staff is currently planning the court resurfacing project with Facility Reserve funding, but securing the AZSTA grant would significantly reduce the Town’s financial burden. If the grant is not awarded, staff will move forward with a phased, multi-year approach to resurfacing the courts over the next several years.  Related Ordinance, Policy or Guiding Principle Town of Fountain Hills Grant Policy Risk Analysis External funding through grants and other sources helps extend our limited budget. By choosing not to pursue this grant application, we forgo the opportunity to maximize resources and leverage dedicated funding for youth sports and recreation.  Recommendation(s) by Board(s) or Commission(s) Community Services Advisory Commission recommendation. Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to authorize a grant application for the Arizona Sports and Tourism Authority Grant for resurfacing of tennis and basketball courts at Golden Eagle Park and resurfacing of tennis courts at Fout Peaks Park and authorize the grant acceptance and all steps necessary to implement if awarded the grant. Attachments AZSTA Court Resurfacing Grant  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/03/2025 02:22 PM Town Manager Angela Padgett-Espiritu 03/11/2025 09:40 AM Executive Assistant, Comm. Serv. (Originator)Angela Padgett-Espiritu 03/11/2025 10:27 AM Town Manager Rachael Goodwin 03/11/2025 12:09 PM Form Started By: Patti Lopuszanski Started On: 02/19/2025 11:26 AM Final Approval Date: 03/11/2025  Court Resurfacing Program Overview Request Owner Brandon Putman, Parks Supervisor Est. Start Date 07/01/2025 Est. Completion Date 06/30/2026 Department Community Services Form Type Capital Improvement Request Type CIP - Parks Description This multi-year program addresses the resurfacing of tennis, basketball, and pickleball courts at Four Peaks and Golden Eagle Parks to maintain safety, functionality, and longevity. The acrylic surfacing on courts has an eight-year lifespan before chipping begins, exposing the subbase to deterioration that can lead to costly repairs. The tennis courts at both parks were last resurfaced in 2016, while the basketball courts were resurfaced in 2017 at Golden Eagle and 2018 at Four Peaks. The new pickleball courts at Four Peaks, rst set constructed in 2023 were resurfaced in 2024 under warranty, so both sets will also require future resurfacing. This program forecasts resurfacing needs based on the end-of-life expectancy for each court, but prioritization will be evaluated annually. Regular resurfacing ensures safe playing surfaces, reduces liability, and preserves these highly used amenities, supporting the Town’s commitment to providing high-quality recreational facilities for the community. Images Chipping at GEP Tennis Widening chip out Widening chipping Details Strategic Initiative Maintain current infrastructure and prepare for emerging trends Capital Cost Breakdown Capital Cost FY2026 FY2027 FY2028 Future Total Construction $90,000 $30,000 $20,000 $70,000 $210,000 Total $90,000 $30,000 $20,000 $70,000 $210,000 Capital Cost FY2026 Budget $90,000 Total Budget (all years) $140K Future $70K Project Total $210K Capital Cost by Year Construction 2026 2027 2028 $90,000.00 $30,000.00 $20,000.00 $0 $25K $50K $75K Capital Cost for Budgeted Years TOTAL $140,000.00 Construction (100%)$140,000.00 ITEM 9. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Kevin Snipes, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of application for T-Mobile Hometown Grant Staff Summary (Background) Staff recommends applying for the T-Mobile Hometown Grant, a $25 million, five-year initiative in partnership with Main Street America, designed to support community projects that help small towns across America thrive. The grant program awards funding quarterly to up to 25 small towns for projects that enhance public spaces, revitalize historic structures, or create assets that foster community engagement and economic development. Projects that contribute to a strong sense of place and encourage further investment are of particular interest. Examples of community projects that have received funding include the installation of a stage at a rodeo fairground in order to facilitate live music performance in Fresno, TX, and the installation of a building mural as part of a revitalization effort in Murray, KY. Further information about the grant can be found here: Hometown Grant Program: Revitalizing Small Towns | T-Mobile Grant Details:  Grant Amount: Up to $50,000 Town Match Requirement: In-kind labor and support, no financial match Eligibility: Towns with a population under 50,000 residents Application Deadline: March 31 at 10:00 p.m. Project Completion Deadline: May 31, 2026 Proposed Project: Staff intends to submit a grant application requesting $50,000 to fund dark sky-compliant lighting, site furnishings, banquet tables, and chairs for the Centennial Pavilion shade structure. The proposal will include draft plans, a project timeline, and letters of support. This project aligns with the town’s Capital Improvement Plan (CIP) and aims to enhance the pavilion’s usability by:  Providing a welcoming space for residents to gather, eat lunch, and conduct business. Increasing nighttime usage by adding appropriate lighting, which is essential for the pavilion to serve as a functional event space after dark. Next Steps: This project is already identified as a recommended CIP project, and staff is actively pursuing funding through this grant opportunity. If the grant is not awarded, staff will continue to recommend funding for the project through the CIP process.    Related Ordinance, Policy or Guiding Principle Town of Fountain Hills Grant Policy Risk Analysis External funding is critical to enhancing our existing capital funds and allowing them to stretch further and complete more community-oriented projects. Forgoing this grant opportunity limits the capacity of the capital budget and may result in the project being delayed or canceled.  Recommendation(s) by Board(s) or Commission(s) Community Services Advisory Commission recommends approval. Staff Recommendation(s) Staff recommends approval. SUGGESTED MOTION MOVE to authorize a grant application for the T-Mobile Hometown Grant and authorize the grant acceptance and all steps necessary to implement if awarded the grant for the amenities requested for the Centennial Pavilion.  Attachments T-Mobile Hometown Grant - Centennial Pavilion  Form Review Inbox Reviewed By Date Town Attorney Aaron D. Arnson 03/03/2025 02:22 PM Town Manager Angela Padgett-Espiritu 03/11/2025 09:42 AM Executive Assistant, Comm. Serv. (Originator)Angela Padgett-Espiritu 03/11/2025 10:27 AM Town Manager Rachael Goodwin 03/11/2025 11:47 AM Form Started By: Patti Lopuszanski Started On: 02/19/2025 11:32 AM Final Approval Date: 03/11/2025  Centennial Pavilion Shade Lighting •$50,000.00 •Dark SkyCompliant lighting Oktoberfest without permanent lighting Centennial Pavilion Shade Lighting Track Lighting System Dark Sky Compliant Attached to Shade Framing (Red line in photo) ITEM 9. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 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: Approving the Second Amendment to Cooperative Purchasing Agreement 2023-069 With Roadsafe Traffic Systems. Staff Summary (Background) The Town of Fountain Hills routinely contracts with various service providers across departments to supplement the Town staff and ensure effective service delivery. Specifically, the Public Works and Community Services departments rely on contractors to supply temporary traffic control devices, such as barricades, for maintenance projects within the Town’s Right-of-Way and for special events.   This amendment proposes an increase to the existing contract with Roadsafe Traffic Systems, Inc., raising the annual contract amount from $75,000 to $100,000. The increase is primarily driven by rising costs associated with the rental, delivery, installation, and pick-up of traffic control devices. These devices are essential for ensuring the safety of motorists, pedestrians, and workers during lane closures and work zone operations.   The rental devices will be provided on an as-needed basis, with the contract also including an emergency response provision. This provision ensures that equipment and resources are readily available to manage traffic during emergencies, including prolonged traffic signal outages, roadway flooding, and providing support for emergency responders such as the Maricopa County Sheriff's Office and Fire Department when requested.   Funding for this contract increase has already been approved as part of the Town’s annual budget. Both the Public Works and Community Services departments have sufficient budget allocations within their existing resources to cover the additional costs associated with the contract amendment.   To maximize efficiency and cost-effectiveness, the Town has leveraged a cooperative purchasing agreement through the Maricopa County Department of Transportation for Temporary Traffic Control Solutions (No. 230043-S, dated January 19, 2023), which was awarded to Roadsafe Traffic Systems Inc. Roadsafe has agreed to extend the Maricopa County Department of Transportation contract pricing to the Town of Fountain Hills.   As a result, the Public Works Department recommends approval of this cooperative agreement and the associated contract increase.   Related Ordinance, Policy or Guiding Principle Public Works Mission Statement.   Risk Analysis Not approving the amendment will delay the maintenance of open space and raised street medians and have a negative effect on special events, including cost increases and possible cancelations.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the proposed amendment to the cooperative purchasing agreement. SUGGESTED MOTION MOVE to approve the Second Amendment to Cooperative Purchasing Agreement 2023-069 with Roadsafe Traffic Systems in the amount of $100,000 annually, and authorize associated budget transfers as necessary. Fiscal Impact Fiscal Impact:$100,000 - 400,000 Budget Reference:FY 25 Funding Source:N/A If Multiple Funds utilized, list here:CIP, PWENG, PREVENT PWADMIN Budgeted: if No, attach Budget Adjustment Form:Yes Attachments Cooperative Purchasing Agreement  Underlying Agreement  Form Review Inbox Reviewed By Date Public Works Director Justin Weldy 03/04/2025 12:18 PM Town Attorney Aaron D. Arnson 03/04/2025 04:06 PM Town Manager Rachael Goodwin 03/11/2025 12:09 PM Form Started By: Angela Padgett-Espiritu Started On: 02/24/2025 03:19 PM Final Approval Date: 03/11/2025  Contract No. 2023-069.2 SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND ROADSAFE TRAFFIC SYSTEMS, INC. THIS SECOND AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT (this "Second Amendment") is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and Roadsafe Traffic Systems, Inc., a(n) Delaware corporation (the "Contractor"). RECITALS A. After a competitive procurement process, the Maricopa County ("County") entered into Contract No. 230043-S, dated January 19, 2023, (the "County Contract"), with the Contractor for Temporary Traffic Control Solutions Services. All of the capitalized terms not otherwise defined in this First Amendment have the same meanings as defined in the Contract. B. The Town and the Contractor entered into a Cooperative Purchasing Agreement dated February 6, 2023, (amended November 13, 2023, via Amendment No. 1) based upon the County Contract (the "Agreement"), for Temporary Traffic Control Solutions Service (the "Materials and Services"). The terms of the Agreement are incorporated herein. C. The Town has determined that additional Materials and Services are necessary. D. The Town and the Contractor desire to enter into this Second Amendment to increase the compensation authorized by the Agreement for additional Materials and Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows: 1. Compensation. The Town shall pay the Contractor an aggregate amount not to exceed $100,000 per term and a maximum aggregate amount of $400,000 (including all renewals) for the additional Materials and Services. 1 2. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3. Non-Default. By executing this Second 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 Second Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this Second Amendment are forever waived. 4. Conflict of Interest. This Second Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 2 Chief Procurement Officer 301 W. Jefferson St. Suite 700 Phoenix, AZ 85003 Phone: (602) 506-3967 Fax: (602) 506-6766 Maricopa County Office of Procurement Services www.maricopa.gov February 06, 2025 We are pleased to notify you that Maricopa County has renewed your contract to supply the TEMPORARY TRAFFIC CONTROL SERVICES as indicated on the attached award sheet with an effective date of February 1, 2025 until January 31, 2026. In accordance with the bid specifications, purchasing documents will be forwarded to you covering the specific items of this award, which will include deliveries and terms. If you have any questions regarding the 230043-S contract, please contact Jack Koeller at 602-506-8714. Sincerely, _____________________________ Jack Koeller, Procurement Officer Office of Procurement Services JK/mm Attach. cc: Office of Procurement Services Re: Serial 230043-S SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES DATE OF LAST REVISION: January 20, 2022 CONTRACT END DATE: January 31, 2023 CONTRACT PERIOD THROUGH January 31, 2020 2022 2023 TO: All Departments FROM: Office of Procurement Services SUBJECT: Contract for TEMPORARY TRAFFIC CONTROL SERVICES Attached to this letter is published an effective purchasing contract for products and/or services to be supplied to Maricopa County activities as awarded by Maricopa County on January 25, 2018 (Eff. 2/1/2018). All purchases of products and/or services listed on the attached pages of this letter are to be obtained from the vendor holding the contract. Individuals are responsible to the vendor for purchases made outside of contracts. The contract period is indicated above. LN/yy Attach Copy to: Office of Procurement Services Martie Harrell, MCDOT Suzie Williams, MCDOT (Please remove Serial 11087-S from your contract notebooks) SERIAL 180126-S ACTION BARRICADE LLC, 1802 N. 27TH AVE PHOENIX, AZ 85009 COMPANY NAME:Action Barricade LLC DOING BUSINESS AS (dba):Action Barricade MAILING ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009 REMIT TO ADDRESS:1802 N. 27th Ave Phoenix, AZ 85009 TELPHONE NUMBER:602-288-6350 FAX NUMBER:602-288-6360 WWW ADDRESS:none REPRESENTATIVE NAME:Robert Brand REPRESENTATIVE TELEPHONE NUMBER:602-288-6350 REPRESENTATIVE EMAIL ADDRESS rbrand@actionbarricade.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS PRIMARY Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.65 $1,950.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.55 $2,200.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.15 $150.00 Type B High Intensity Flashing warning light 5000 day $0.25 $1,250.00 Type C Low Intensity Steady Burn warning light 10000 day $0.19 $1,900.00 Type D 360 Degree Steady Burn warning light 10 day $0.15 $1.50 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.20 $200.00 Type II Barricade 9000 day $0.20 $1,800.00 Type III Barricade 700 day $0.45 $315.00 Portable Sign Stand (spring stand)750 day $0.70 $525.00 Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00 Traffic Cone Reflectorized 28 Inches day $0.20 $0.20 Sand Bag 10000 day $0.05 $500.00 Flag 2000 day $0.15 $300.00 Arrow Boards 50 day $17.00 $850.00 SERIAL 180126-S ACTION BARRICADE LLC Item Est. Annual Rental Units Unit Price Total Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.10 $10.00 End Section(s) for above Barriers day $25.00 $25.00 Channelizing Drums day $0.30 $0.30 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $1.75 $175.00 Portable Variable Message Signs Three-Line 50 day $30.00 $1,500.00 Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $49.00 $98,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $49.00 $274,400.00 Truck Mounted Attenuator w/Driver 25 hr $49.00 $1,225.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $35.00 $203,700.00 Traffic Control Technician Does not include truck 2800 hr $35.00 $98,000.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.25 $23,625.00 2-Way Raised Pavement Marker Blue (installed)each $4.00 $4.00 1-way Chip seal marker with double clear protective cover 3000 each $1.75 $5,250.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $48.00 $48.00 Zone 2 1 day $99.00 $99.00 Zone 3 1 day $135.00 $135.00 SERIAL 180126-S ACTION BARRICADE LLC Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $80.00 $320.00 MCSO 4 hour $80.00 $320.00 Phoenix 4 hour $70.00 $280.00 Mesa 4 hour $70.00 $280.00 Glendale 4 hour $70.00 $280.00 Gilbert 4 hour $90.00 $360.00 Scottsdale 4 hour $75.00 $300.00 Tempe 4 hour $95.00 $380.00 Peoria 4 hour $70.00 $280.00 Goodyear 4 hour $75.00 $300.00 Wickenburg 4 hour $75.00 $300.00 Fountain Hills 4 hour $80.00 $320.00 Chandler 4 hour $90.00 $360.00 Buckeye 4 hour $80.00 $320.00 El Mirage 4 hour $75.00 $300.00 Surprise 4 hour $80.00 $320.00 Avondale 4 hour $75.00 $300.00 Gila River 4 hour $90.00 $360.00 AZ Parks 4 hour $90.00 $360.00 Small Town 4 hour $90.00 $360.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $120.00 $120.00 MCSO 1 hour $120.00 $120.00 Phoenix 1 hour $105.00 $105.00 Mesa 1 hour $105.00 $105.00 Glendale 1 hour $105.00 $105.00 Gilbert 1 hour $135.00 $135.00 Scottsdale 1 hour $115.00 $115.00 Tempe 1 hour $140.00 $140.00 Peoria 1 hour $105.00 $105.00 Goodyear 1 hour $110.00 $110.00 Wickenburg 1 hour $110.00 $110.00 Fountain Hills 1 hour $120.00 $120.00 Chandler 1 hour $135.00 $135.00 Buckeye 1 hour $120.00 $120.00 El Mirage 1 hour $115.00 $115.00 Surprise 1 hour $120.00 $120.00 Avondale 1 hour $110.00 $110.00 SERIAL 180126-S ACTION BARRICADE LLC Item Est. Annual Rental Units Unit Price Extended Gila River 1 hour $135.00 $135.00 AZ Parks 1 hour $135.00 $135.00 Small Town 1 hour $135.00 $135.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $20.00 $20.00 MCSO 1 hour $20.00 $20.00 Phoenix 1 hour $7.50 $7.50 Mesa 1 hour $7.50 $7.50 Glendale 1 hour $7.50 $7.50 Gilbert 1 hour $7.50 $7.50 Scottsdale 1 hour $7.50 $7.50 Tempe 1 hour $7.50 $7.50 Peoria 1 hour $7.50 $7.50 Goodyear 1 hour $7.50 $7.50 Wickenburg 1 hour $20.00 $20.00 Fountain Hills 1 hour $7.50 $7.50 Chandler 1 hour $7.50 $7.50 Buckeye 1 hour $7.50 $7.50 El Mirage 1 hour $7.50 $7.50 Surprise 1 hour $7.50 $7.50 Avondale 1 hour $7.50 $7.50 Gila River 1 hour $20.00 $20.00 AZ Parks 1 hour $20.00 $20.00 Small Town 1 hour $20.00 $20.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $1.00 $1.00 MCSO 1 mile $1.00 $1.00 Phoenix 1 mile $1.00 $1.00 Mesa 1 mile $1.00 $1.00 Glendale 1 mile $1.00 $1.00 Gilbert 1 mile $1.00 $1.00 Scottsdale 1 mile $1.00 $1.00 Tempe 1 mile $1.00 $1.00 Peoria 1 mile $1.00 $1.00 Goodyear 1 mile $1.00 $1.00 Wickenburg 1 mile $1.00 $1.00 SERIAL 180126-S ACTION BARRICADE LLC Fountain Hills 1 mile $1.00 $1.00 Chandler 1 mile $1.00 $1.00 Buckeye 1 mile $1.00 $1.00 Item Est. Annual Rental Units Unit Price Extended El Mirage 1 mile $1.00 $1.00 Surprise 1 mile $1.00 $1.00 Avondale 1 mile $1.00 $1.00 Gila River 1 mile $1.00 $1.00 AZ Parks 1 mile $1.00 $1.00 Small Town 1 mile $1.00 $1.00 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VC0000001722 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020. REMOVED FROM CONTRACT EFF. 01/31/20 SERIAL 180126-S BOB'S BARRICADES INC, 1645 S 39TH AVENUE, PHOENIX, AZ 85009 921 SHOTGUN RD, SUNRISE, FL 33326-1910 COMPANY NAME:Bob's Barricades Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:1645 South 39th Avenue, Phoenix, Arizona 85009 921 Shotgun Rd REMIT TO ADDRESS:921 Shotgun Rd LOCAL ADDRESS 1645 South 39th Avenue, Phoenix, Arizona 85009 TELPHONE NUMBER:954-423-2627 FAX NUMBER:954-473-8737 WWW ADDRESS:www.bobsbarricades.com REPRESENTATIVE NAME:Happy Alter REPRESENTATIVE TELEPHONE NUMBER:954-423-2627 REPRESENTATIVE EMAIL ADDRESS jelbert@bobsbarricadeds.com mdavidson@bobsbarricades.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS SECONDARY 1ST CALL Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.75 $2,250.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.45 $1,800.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.45 $1,800.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.20 $200.00 Type B High Intensity Flashing warning light 5000 day $0.20 $1,000.00 Type C Low Intensity Steady Burn warning light 10000 day $0.20 $2,000.00 Type D 360 Degree Steady Burn warning light 10 day $0.20 $2.00 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.40 $400.00 Type II Barricade 9000 day $0.40 $3,600.00 Type III Barricade 700 day $0.40 $280.00 Portable Sign Stand (spring stand)750 day $0.50 $375.00 SERIAL 180126-S BOB'S BARRICADES INC Traffic Cone Non-Reflectorized 28"5000 day $0.20 $1,000.00 Traffic Cone Reflectorized 28 Inches day $0.30 $0.30 Sand Bag 10000 day $0.50 $5,000.00 Flag 2000 day $0.10 $200.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.13 $13.00 End Section(s) for above Barriers day $25.00 $25.00 Channelizing Drums day $0.40 $0.40 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $5.50 $550.00 Portable Variable Message Signs Three-Line 50 day $25.00 $1,250.00 Temporary Traffic Barriers (Installation/Removal)foot $30.00 $30.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $45.00 $90,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $50.00 $280,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $39.00 $226,980.00 Traffic Control Technician Does not include truck 2800 hr $40.00 $112,000.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.50 $26,250.00 2-Way Raised Pavement Marker Blue (installed)each $3.50 $3.50 1-way Chip seal marker with double clear protective cover 3000 each $1.90 $5,700.00 SERIAL 180126-S BOB'S BARRICADES INC Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $50.00 $50.00 Zone 2 1 day $80.00 $80.00 Zone 3 1 day $125.00 $125.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $57.00 $228.00 MCSO 4 hour $62.50 $250.00 Phoenix 4 hour $52.50 $210.00 Mesa 4 hour $62.50 $250.00 Glendale 4 hour $62.50 $250.00 Gilbert 4 hour $73.00 $292.00 Scottsdale 4 hour $62.50 $250.00 Tempe 4 hour $77.00 $308.00 Peoria 4 hour $62.50 $250.00 Goodyear 4 hour $62.50 $250.00 Wickenburg 4 hour $50.00 $200.00 Fountain Hills 4 hour $62.50 $250.00 Chandler 4 hour $70.18 $280.72 Buckeye 4 hour $62.50 $250.00 El Mirage 4 hour $62.50 $250.00 Surprise 4 hour $62.50 $250.00 Avondale 4 hour $62.50 $250.00 Gila River 4 hour $62.50 $250.00 AZ Parks 4 hour $62.50 $250.00 Small Town 4 hour $62.50 $250.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $85.50 $85.50 MCSO 1 hour $93.75 $93.75 Phoenix 1 hour $93.75 $93.75 Mesa 1 hour $93.75 $93.75 Glendale 1 hour $93.75 $93.75 Gilbert 1 hour $109.50 $109.50 Scottsdale 1 hour $93.75 $93.75 Tempe 1 hour $115.50 $115.50 Peoria 1 hour $93.75 $93.75 Goodyear 1 hour $93.75 $93.75 Wickenburg 1 hour $75.00 $75.00 Fountain Hills 1 hour $93.75 $93.75 SERIAL 180126-S BOB'S BARRICADES INC Chandler 1 hour $93.75 $93.75 Buckeye 1 hour $93.75 $93.75 El Mirage 1 hour $93.75 $93.75 Surprise 1 hour $93.75 $93.75 Avondale 1 hour $93.75 $93.75 Item Est. Annual Rental Units Unit Price Extended Gila River 1 hour $93.75 $93.75 AZ Parks 1 hour $75.00 $75.00 Small Town 1 hour $75.00 $75.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $12.75 $12.75 MCSO 1 hour $9.00 $9.00 Phoenix 1 hour $9.00 $9.00 Mesa 1 hour $5.00 $5.00 Glendale 1 hour $9.00 $9.00 Gilbert 1 hour $9.00 $9.00 Scottsdale 1 hour $9.00 $9.00 Tempe 1 hour $9.00 $9.00 Peoria 1 hour $9.00 $9.00 Goodyear 1 hour $9.00 $9.00 Wickenburg 1 hour $5.00 $5.00 Fountain Hills 1 hour $9.00 $9.00 Chandler 1 hour $9.00 $9.00 Buckeye 1 hour $5.00 $5.00 El Mirage 1 hour $9.00 $9.00 Surprise 1 hour $9.00 $9.00 Avondale 1 hour $9.00 $9.00 Gila River 1 hour $9.00 $9.00 AZ Parks 1 hour $9.00 $9.00 Small Town 1 hour $9.00 $9.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.00 $0.00 MCSO 1 mile $0.33 $0.33 Phoenix 1 mile $0.33 $0.33 Mesa 1 mile $0.33 $0.33 Glendale 1 mile $0.33 $0.33 Gilbert 1 mile $0.33 $0.33 Scottsdale 1 mile $0.33 $0.33 Tempe 1 mile $0.33 $0.33 Peoria 1 mile $0.33 $0.33 SERIAL 180126-S BOB'S BARRICADES INC Goodyear 1 mile $0.33 $0.33 Wickenburg 1 mile $0.33 $0.33 Fountain Hills 1 mile $0.33 $0.33 Chandler 1 mile $0.33 $0.33 Buckeye 1 mile $0.00 $0.00 El Mirage 1 mile $0.33 $0.33 Surprise 1 mile $0.33 $0.33 Avondale 1 mile $0.33 $0.33 Gila River 1 mile $0.33 $0.33 AZ Parks 1 mile $0.33 $0.33 Small Town 1 mile $0.33 $0.33 PRICING SHEET: NIGP CODE 96884 Terms: NET 30 Vendor Number: VS0000002297 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC, 7326 N GLEN HARBOR BLVD., GLENDALE, AZ 85307 1645 SOUTH 39TH AVENUE, PHOENIX, ARIZONA 85009 COMPANY NAME:National Barricade Company LLC DOING BUSINESS AS (dba): MAILING ADDRESS:7326 N. Glen Harbor Blvd. REMIT TO ADDRESS:7326 N. Glen Harbor Blvd. TELPHONE NUMBER:623-879-4695 FAX NUMBER:623-879-4683 WWW ADDRESS: REPRESENTATIVE NAME:Charles Anderson REPRESENTATIVE TELEPHONE NUMBER:623-879-4695 REPRESENTATIVE EMAIL ADDRESS canderson@gonbc.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS TERTIARY 2ND CALL Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $0.70 $2,100.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $0.60 $2,400.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.50 $2,000.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.21 $210.00 Type B High Intensity Flashing warning light 5000 day $0.75 $3,750.00 Type C Low Intensity Steady Burn warning light 10000 day $0.30 $3,000.00 Type D 360 Degree Steady Burn warning light 10 day $1.25 $12.50 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.32 $320.00 Type II Barricade 9000 day $0.32 $2,880.00 Type III Barricade 700 day $0.65 $455.00 Portable Sign Stand (spring stand)750 day $1.25 $937.50 Traffic Cone Non-Reflectorized 28"5000 day $0.32 $1,600.00 Traffic Cone Reflectorized 28 Inches day $0.37 $0.37 Sand Bag 10000 day $0.40 $4,000.00 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Flag 2000 day $0.50 $1,000.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00 End Section(s) for above Barriers day $24.00 $24.00 Channelizing Drums day $1.50 $1.50 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $2.25 $225.00 Portable Variable Message Signs Three-Line 50 day $40.00 $2,000.00 Temporary Traffic Barriers (Installation/Removal)foot $11.00 $11.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $53.15 $106,300.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $53.15 $280,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00 Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.00 $21,000.00 2-Way Raised Pavement Marker Blue (installed)each $3.00 $3.00 1-way Chip seal marker with double clear protective cover 3000 each $2.00 $6,000.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $53.15 $53.15 Zone 2 1 day $106.30 $106.30 Zone 3 1 day $159.45 $159.45 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $77.50 $310.00 MCSO 4 hour $75.00 $300.00 Phoenix 4 hour $70.00 $280.00 Mesa 4 hour $70.00 $280.00 Glendale 4 hour $65.00 $260.00 Gilbert 4 hour $83.00 $332.00 Scottsdale 4 hour $77.50 $310.00 Tempe 4 hour $82.60 $330.40 Peoria 4 hour $75.00 $300.00 Goodyear 4 hour $70.00 $280.00 Wickenburg 4 hour $77.50 $310.00 Fountain Hills 4 hour $75.00 $300.00 Chandler 4 hour $86.18 $344.72 Buckeye 4 hour $70.00 $280.00 El Mirage 4 hour $70.00 $280.00 Surprise 4 hour $65.00 $260.00 Avondale 4 hour $75.00 $300.00 Gila River 4 hour $75.00 $300.00 AZ Parks 4 hour $65.00 $260.00 Small Town 4 hour $75.00 $300.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $111.25 $111.25 MCSO 1 hour $107.50 $107.50 Phoenix 1 hour $100.00 $100.00 Mesa 1 hour $100.00 $100.00 Glendale 1 hour $107.50 $107.50 Gilbert 1 hour $119.50 $119.50 Scottsdale 1 hour $111.25 $111.25 Tempe 1 hour $133.90 $133.90 Peoria 1 hour $107.50 $107.50 Goodyear 1 hour $100.00 $100.00 Wickenburg 1 hour $111.25 $111.25 Fountain Hills 1 hour $107.50 $107.50 Chandler 1 hour $124.27 $124.27 Buckeye 1 hour $100.00 $100.00 El Mirage 1 hour $100.00 $100.00 Surprise 1 hour $107.50 $107.50 Avondale 1 hour $107.50 $107.50 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC Gila River 1 hour $107.50 $107.50 AZ Parks 1 hour $107.50 $107.50 Small Town 1 hour $107.50 $107.50 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $13.75 $13.75 MCSO 1 hour $13.75 $13.75 Phoenix 1 hour $13.75 $13.75 Mesa 1 hour $13.75 $13.75 Glendale 1 hour $13.75 $13.75 Gilbert 1 hour $13.75 $13.75 Scottsdale 1 hour $13.75 $13.75 Tempe 1 hour $13.75 $13.75 Peoria 1 hour $13.75 $13.75 Goodyear 1 hour $13.75 $13.75 Wickenburg 1 hour $13.75 $13.75 Fountain Hills 1 hour $13.75 $13.75 Chandler 1 hour $13.75 $13.75 Buckeye 1 hour $13.75 $13.75 El Mirage 1 hour $13.75 $13.75 Surprise 1 hour $13.75 $13.75 Avondale 1 hour $13.75 $13.75 Gila River 1 hour $13.75 $13.75 AZ Parks 1 hour $13.75 $13.75 Small Town 1 hour $13.75 $13.75 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.00 $0.00 MCSO 1 mile $0.00 $0.00 Phoenix 1 mile $0.00 $0.00 Mesa 1 mile $0.00 $0.00 Glendale 1 mile $0.00 $0.00 Gilbert 1 mile $0.00 $0.00 Scottsdale 1 mile $0.00 $0.00 Tempe 1 mile $0.00 $0.00 Peoria 1 mile $0.00 $0.00 Goodyear 1 mile $0.00 $0.00 Wickenburg 1 mile $0.00 $0.00 Fountain Hills 1 mile $0.00 $0.00 Chandler 1 mile $0.00 $0.00 Buckeye 1 mile $0.00 $0.00 SERIAL 180126-S NATIONAL BARRICADE COMPANY LLC El Mirage 1 mile $0.00 $0.00 Surprise 1 mile $0.00 $0.00 Avondale 1 mile $0.00 $0.00 Gila River 1 mile $0.00 $0.00 AZ Parks 1 mile $0.00 $0.00 Small Town 1 mile $0.00 $0.00 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VS0000002303 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., 3015 E. ILLINI ST, PHOENIX, AZ 85040 COMPANY NAME:RoadSafe Traffic Systems, Inc. DOING BUSINESS AS (dba): MAILING ADDRESS:3015 East Illini St REMIT TO ADDRESS:Phoenix, AZ 85040 TELPHONE NUMBER:602-243-1218 FAX NUMBER:602-243-3470 WWW ADDRESS:www.roadsafetraffic.com REPRESENTATIVE NAME:Jeff Meirick REPRESENTATIVE TELEPHONE NUMBER:480-352-3710 REPRESENTATIVE EMAIL ADDRESS jmeirick@roadsafetraffic.com bhengen@roadsafetraffic.com YES NO REBATE WILL ALLOW OTHER GOVERNMENTAL ENTITIES TO PURCHASE FROM THIS CONTRACT: WILL ACCEPT PROCUREMENT CARD FOR PAYMENT NET 30 DAYS QUATERNARY TERTIARY Lot: SIGNS Item Est. Annual Rental Units Unit Price Total Large Sign 48" x 48" (2304 Sq. In.) or Larger 3000 day $1.75 $5,250.00 Medium Sign 36" x 36"" (1296-2303 Sq. In.)4000 day $1.00 $4,000.00 Small Sign 24" x 24" (576 -1295 Sq. In.)4000 day $0.75 $3,000.00 Lot: WARNING LIGHTS (FLASHERS) Item Est. Annual Rental Units Unit Price Total Type A Low Intensity Flashing warning light 1000 day $0.25 $250.00 Type B High Intensity Flashing warning light 5000 day $1.00 $5,000.00 Type C Low Intensity Steady Burn warning light 10000 day $0.25 $2,500.00 Type D 360 Degree Steady Burn warning light 10 day $3.50 $35.00 Lot: BARRICADES CONES MISCELLANEOUS Item Est. Annual Rental Units Unit Price Total Type I Barricade -Vertical Panel 1000 day $0.50 $500.00 Type II Barricade 9000 day $0.50 $4,500.00 Type III Barricade 700 day $1.00 $700.00 Portable Sign Stand (spring stand)750 day $1.50 $1,125.00 Traffic Cone Non-Reflectorized 28"5000 day $0.50 $2,500.00 Traffic Cone Reflectorized 28 Inches day $0.50 $0.50 Sand Bag 10000 day $0.50 $5,000.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Flag 2000 day $1.00 $2,000.00 Arrow Boards 50 day $20.00 $1,000.00 Temporary Traffic Barriers (Jersey Barriers)100 linear foot $0.15 $15.00 End Section(s) for above Barriers day $285.00 $285.00 Channelizing Drums day $2.00 $2.00 6 Foot Temporary Longitudinal Traffic Barriers water filled (Jersey Type)100 day $2.50 $250.00 Portable Variable Message Signs Three-Line 50 day $55.00 $2,750.00 Temporary Traffic Barriers (Installation/Removal)foot $12.00 $12.00 Lot: PILOT CAR RENTAL WITH DRIVER Item Est. Annual Rental Units Unit Price Total Pilot Car w/Driver 2000 hr $50.00 $100,000.00 Lot: BARRICADE TRUCK RENTAL WITH DRIVER AND TRUCK MOUNTED ATTENUATOR Item Est. Annual Rental Units Unit Price Total Barricade Truck w/Driver 5600 hr $55.00 $308,000.00 Truck Mounted Attenuator w/Driver 25 hr $65.00 $1,625.00 Lot: HOURLY RATES: FLAGGER TRAFFIC CONTROL TECHNICIAN TRAFFIC SUPERVISOR Item Est. Annual Rental Units Unit Price Total Flagger w/flagger paddle (Does not include truck)5820 hr $38.00 $221,160.00 Traffic Control Technician Does not include truck 2800 hr $38.00 $106,400.00 Lot: PURCHASE AND INSTALLATION OF SUPPLIES Item Est. Annual Rental Units Unit Price Total 2-Way Double-faced chip seal road markers with double clear protective cover 10500 each $2.00 $21,000.00 2-Way Raised Pavement Marker Blue (installed)each $2.50 $2.50 1-way Chip seal marker with double clear protective cover 3000 each $2.00 $6,000.00 Lot: MOBILIZATION AND DEMOBILIZATION (TRAVEL TIME) Item Est. Annual Rental Units Unit Price Total Zone 1 1 day $75.00 $75.00 Zone 2 1 day $125.00 $125.00 Zone 3 1 day $150.00 $150.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Normal Hours Item Est. Annual Rental Units Unit Price Extended AZDPS 4 hour $66.00 $264.00 MCSO 4 hour $72.00 $288.00 Phoenix 4 hour $62.00 $248.00 Mesa 4 hour $73.00 $292.00 Glendale 4 hour $62.00 $248.00 Gilbert 4 hour $85.00 $340.00 Scottsdale 4 hour $70.00 $280.00 Tempe 4 hour $92.00 $368.00 Peoria 4 hour $62.00 $248.00 Goodyear 4 hour $67.00 $268.00 Wickenburg 4 hour $62.00 $248.00 Fountain Hills 4 hour $73.00 $292.00 Chandler 4 hour $88.00 $352.00 Buckeye 4 hour $62.00 $248.00 El Mirage 4 hour $62.00 $248.00 Surprise 4 hour $76.00 $304.00 Avondale 4 hour $62.00 $248.00 Gila River 4 hour $62.00 $248.00 AZ Parks 4 hour $62.00 $248.00 Small Town 4 hour $62.00 $248.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Overtime AZDPS 1 hour $99.00 $99.00 MCSO 1 hour $123.00 $123.00 Phoenix 1 hour $93.00 $93.00 Mesa 1 hour $109.50 $109.50 Glendale 1 hour $93.00 $93.00 Gilbert 1 hour $127.50 $127.50 Scottsdale 1 hour $105.00 $105.00 Tempe 1 hour $138.00 $138.00 Peoria 1 hour $93.00 $93.00 Goodyear 1 hour $100.50 $100.50 Wickenburg 1 hour $93.00 $93.00 Fountain Hills 1 hour $109.50 $109.50 Chandler 1 hour $133.50 $133.50 Buckeye 1 hour $93.00 $93.00 El Mirage 1 hour $93.00 $93.00 Surprise 1 hour $114.00 $114.00 Avondale 1 hour $93.00 $93.00 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., Gila River 1 hour $93.00 $93.00 AZ Parks 1 hour $93.00 $93.00 Small Town 1 hour $93.00 $93.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Vehicle Hourly Rate AZDPS 1 hour $15.00 $15.00 MCSO 1 hour $8.00 $8.00 Phoenix 1 hour $8.00 $8.00 Mesa 1 hour $8.00 $8.00 Glendale 1 hour $8.00 $8.00 Gilbert 1 hour $8.00 $8.00 Scottsdale 1 hour $8.00 $8.00 Tempe 1 hour $8.00 $8.00 Peoria 1 hour $8.00 $8.00 Goodyear 1 hour $8.00 $8.00 Wickenburg 1 hour $8.00 $8.00 Fountain Hills 1 hour $8.00 $8.00 Chandler 1 hour $8.00 $8.00 Buckeye 1 hour $8.00 $8.00 El Mirage 1 hour $8.00 $8.00 Surprise 1 hour $8.00 $8.00 Avondale 1 hour $8.00 $8.00 Gila River 1 hour $8.00 $8.00 AZ Parks 1 hour $8.00 $8.00 Small Town 1 hour $8.00 $8.00 Lot: UNIFORMED OFF-DUTY OFFICERS/VEHICLE (MINIMUM 4 HOURS) - Milage AZDPS 1 mile $0.50 $0.50 MCSO 1 mile $0.50 $0.50 Phoenix 1 mile $0.50 $0.50 Mesa 1 mile $0.50 $0.50 Glendale 1 mile $0.50 $0.50 Gilbert 1 mile $0.50 $0.50 Scottsdale 1 mile $0.50 $0.50 Tempe 1 mile $0.50 $0.50 Peoria 1 mile $0.50 $0.50 Goodyear 1 mile $0.50 $0.50 Wickenburg 1 mile $0.50 $0.50 Fountain Hills 1 mile $0.50 $0.50 Chandler 1 mile $0.50 $0.50 Buckeye 1 mile $0.50 $0.50 SERIAL 180126-S ROADSAFE TRAFFIC SYSTEMS INC., El Mirage 1 mile $0.50 $0.50 Surprise 1 mile $0.50 $0.50 Avondale 1 mile $0.50 $0.50 Gila River 1 mile $0.50 $0.50 AZ Parks 1 mile $0.50 $0.50 Small Town 1 mile $0.50 $0.50 PRICING SHEET: NIGP CODE 968-84 Terms: NET 30 Vendor Number: VC0000002511 Certificates of Insurance Required Contract Period: To cover the period ending January 31, 2020 2022 2023. SERIAL 180126-S TEMPORARY TRAFFIC CONTROL SERVICES 1.0 INTENT: The intent of this solicitation is to establish a contract for Temporary Traffic Control Services. This pricing agreement is for providing personnel and equipment for on-call barricade service in support of the Maricopa County Department of Transportation (MCDOT) projects. This service is to be authorized by Purchase Order only. Certain related products shall be purchased on this contract Maricopa County reserves the right to award this contract to multiple vendors. The County reserves the right to award in whole or in part, by item or group of items, by section or geographic area, or make multiple awards, where such action serves the County’s best interest. Other governmental entities under agreement with the County may have access to services provided hereunder (see also Sections 3.7 and 3.8, below). The County reserves the right to add additional contractors, at the County’s sole discretion, in cases where the currently listed contractors are of an insufficient number or skill-set to satisfy the County’s needs or to ensure adequate competition on any project or task order work. 2.0 SPECIFICATIONS: 2.1 DESCRIPTION: The service shall consist of providing temporary traffic control services in support of County maintenance and repair operations using Contractor furnished equipment and labor on an as needed basis. The Contractor shall furnish all labor, materials, services, insurance and equipment necessary for the delivery, placement, maintenance, removal of temporary traffic control equipment, as well as labor for temporary traffic control purposes as set forth in these specifications. 2.2 TRAFFIC CONTROL MATERIAL AND LABOR: 2.2.1 The specific layout and setup of traffic control shall be governed by these specifications; Manual on Uniform Traffic Control Devices (MUTCD) (see item 2.5), and/or MCDOT pre-approved traffic control plans. The Contractor shall be provided with a list of personnel authorized to order services. The Contractor shall be furnished written documentation of specific projects, and expected dates of operation and shall respond within seven (7) calendar days to indicate their willingness to accept the project. Contractor shall be responsible to prepare specific traffic plans, which shall be approved in advance by MCDOT. If the Primary Contractor is unwilling or unable to accept the specific project, the project shall be awarded to the Secondary Contractor. Changes in traffic control plans or procedures may be authorized if substitute method of operation and set up supporting work is accepted by MCDOT. The County may utilize typical traffic control plans during the term of this contract and such plans will be provided to the Contractor. 2.2.1.1 MOBILIZATION & DEMOBILIZATION (TRAVEL TIME) There are three (3) zones for mobilization & demobilization, this is driving time to and from job sites throughout Maricopa County. The charge will be one (1) time per day to include both mobilization and demobilization. See Attachment A, Pricing Page, item 1.8 for the three (3) zones. 2.2.2 The Contractor’s Foreman shall be an ATSSA Certified Traffic Control Technician. A list of certified personnel shall be provided to the MCDOT Engineer prior to the beginning of any project. (The Contractor shall only utilize personnel who are certified flaggers.) Flaggers shall be certified by IMSA, ATSSA, LTAP or other approved sources. SERIAL 180126-S 2.2.3 Existing signs conflicting with construction signing shall be covered. Centerline vertical panels with appropriate "Keep Right" signing shall be installed if required by MCDOT. Two sand bags shall be required on all portable signs and vertical panels, if more are required due to weather conditions, they will be provided at no charge to the County. 2.2.4 The County may provide one (1) operational portable communications radio for the Contractor’s Foreman use. Contractor shall replace radio if lost or damaged by Contractor. 2.2.5 The Contractor shall pick up and remove signs, barricades, channels and other devices within twenty four (24) hours of notification and all covered signs shall be restored. 2.2.6 The contractor shall maintain a log of all requests for service. The log shall include name of requestor, date, time, and the required action to include: 2.2.6.1 Initial requests for signing. 2.2.6.2 Any additions or changes in signing. 2.2.6.3 The road segment being signed and traffic control requested. 2.2.7 The Contractor shall inspect and maintain all contractor installed portable traffic control devices at least once during each twenty-four (24) hour period. More frequent intervals of inspection and maintenance shall be made during periods of high winds or in areas where there is a continuing problem in maintaining the signs. Reports of all inspections with deficiencies shall be required and reported daily to the MCDOT. 2.2.8 The Contractor shall provide qualified supervision of all crews during the performance of the service. Supervisors and flaggers/laborers must be able to converse in the English language, and shall be authorized by the Contractor to receive and carry out directives issued by the MCDOT. 2.2.9 Portable Variable Message Signs; the message display shall utilize Light Emitting Diodes (LED’s), Flip-Disk, Flip-Disk/Hybrid or LED/Shuttered pixel for all matrix types (character, line and full). 2.2.10 All signs shall be NCFRP compliant, meet the requirements of the MCDOT Supplement to MAG, and the MCDOT Sign/Barricade Manual(s). 2.2.11 PILOT CAR WITH DRIVER Shall be ½ to one-ton truck with high-intensity rotating, flashing, oscillating, or strobe light and conspicuous location on the rear of vehicle to mount PILOT CAR FOLLOW ME (G20-4). 2.2.12 BARRICADE TRUCK WITH DRIVER Shall be a one (1) ton to one-and-one-half (1-1/2) ton truck capable of transporting all signs, delineators, cones, channels, flagging supplies, double-faced flexible road markers with a double clear protector tab, portable radios and other signing supplies required for the day's activity. The truck shall be equipped with high-intensity rotating, flashing, oscillating, or strobe light and variable message board. If the Contractor is unable to provide delivery and layout within the specified time, immediate notification will be made to the MCDOT Engineer. 2.2.13 TRUCK MOUNTED ATTENUATORS Truck-mounted attenuators shall be energy-absorbing devices attached to the rear of trucks and shall be used in accordance MUTCD Section 6F.82, or the latest revision of. SERIAL 180126-S 2.2.14 UNIFORMED OFF-DUTY OFFICER(S): The Contractor shall provide when requested by MCDOT State of Arizona Sworn uniformed off-duty officer(s) for temporary traffic control presence. Fully equipped vehicle may be required when requested by MCDOT. 2.3 CHIP SEAL MARKERS: 2.3.1 Chip Seal Marker, covered, 2-way yellow, Davidson TPRM-Y2 or equal. 2.3.2 Chip Seal Marker, covered, 1-way white, Davidson TPRM-W1or equal. 2.4 INSTALLATION CONFLICTS: In the event that MCDOT Highway Operations Engineer or his designee and the Contractor cannot agree on the proper traffic control or barricade installation, the judgment of the MCDOT Engineer or his designee shall prevail. The Contractor may request arbitration by the MCDOT Engineer. The Contractor shall comply with the decisions made by the MCDOT Engineer as a result of such arbitration. 2.5 REPORTS: Daily work sheets and a daily detailed listing of all the roads under signing shall be provided to the MCDOT Engineer. The report shall include the date signing was set up, the number and type of devices used for each mile, the date and time inspections were conducted (including the name of the traffic control tech and MCDOT inspector), the date and time signing was removed (or the work that is continuing). The Contractor and the MCDOT engineer shall sign the report daily. 2.6 STANDARDS: All equipment, signs, barricades and lighting devices shall be NCHRP-350 compliant, to the most current Federal Highway Administration MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES for streets and highways and all other polices or regulations on traffic control adopted by MCDOT. 2.7 COUNTY SIGNING: The County reserves the right to provide, install or set up construction signing and barricading as deemed necessary with County forces or by the Secondary Contractor if adequate materials and personnel cannot be supplied by the Contractor. 2.8 DAMAGED, STOLEN OR LOST SIGNING: All lost, stolen or damaged devices shall be immediately replaced by the Contractor or removed from the rental equipment listing upon notification by a MCDOT representative. MCDOT will make rental payments only for equipment that is physically used on projects and in acceptable working order verified by the MCDOT. Contractor shall not be reimbursed by MCDOT for the replacement value of lost or stolen equipment. 2.9 DISPATCH CENTER: The Contractor shall provide and maintain a manned twenty-four (24) hour dispatch center with an operational radio net and telephone to provide emergency service. The dispatch center must have at its disposal a sufficient number of trucks, men and equipment to respond to requests and initiate mobilization for service within two (2) hours, including nights, weekends and holidays. During active road maintenance operations, the men and equipment shall respond and mobilize within one (1) hour for the daily scheduled service. SERIAL 180126-S 2.10 SAFETY REQUIREMENTS: The Contractor shall adhere to all applicable OSHA, industry and local government safety procedures, rules and regulations. The Contractor shall train its personnel in appropriate safety standards relating to the performance of services described in these Technical Specifications. 2.11 INSPECTIONS: The County reserves the right to inspect each bidder’s equipment and review their application procedures prior to contract award. 2.12 QUALIFICATION OF BIDDERS: CONTRACTOR shall have minimum of five (5) years of experience. Only firms experienced in the processes of road construction/maintenance traffic control and barricading renting will be considered for contract award. 2.13 LICENSES AND PERMITS: The CONTRACTOR shall, at its expense, procure all necessary licenses and permits relating to Contractors operation in connection with the services described in these Technical Specifications. 2.14 PROTECTION OF PUBLIC AND PRIVATE PROPERTY: The contractor shall exercise prudent caution to protect pedestrian and vehicular traffic. Contractor shall further avoid causing damage to public and private property. If in the opinion of the MCDOT representative, the Contractor engages in a hazardous practice, Contractor shall cease such activity immediately after verbal or written notification by the MCDOT representative. 2.15 BILLING: The billing for services shall follow the daily report format and include a listing by road segments specified by the MCDOT Engineer W.O. number. Included with this will be the date and time, whether it was installation or removal, what type of activity (i.e. flagging, signing, inspection, etc.), what type of activity that the work is supporting (i.e. Chip Seal, Sweeping or Flushing), truck numbers of vehicles physically on the work site and the employee identification numbers for those employees physically on the work site. Signed daily work sheets shall be used to verify billing. 2.16 DELIVERY: It shall be the Contractor’s responsibility to meet the County’s delivery requirements, as called for in the Technical Specifications. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to make delivery and any price differential will be charged against the Contractor. 3.0 PURCHASING REQUIREMENTS: 3.1 USAGE REPORT: The Contractor shall furnish the County a usage report upon request delineating the acquisition activity governed by the Contract. The format of the report shall be approved by the County and shall disclose the quantity and dollar value of each contract item by individual unit. 3.2 INVOICES AND PAYMENTS: 3.2.1 The Contractor shall submit one (1) legible copies of their detailed invoice before payment(s) can be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the following information: SERIAL 180126-S • Company name, address and contact • County bill-to name and contact information • Contract Serial Number or • County purchase order number • Invoice number and date • Payment terms • Date of service or delivery • Quantity (number of days or weeks) • Contract Item number(s) • Description of Purchase (product or services) • Pricing per unit of purchase • Freight (if applicable) • Extended price • Mileage w/rate (if applicable) • Arrival and completion time (if applicable) • Total Amount Due 3.2.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the Purchase Order. 3.2.3 Payment shall only be made to the Contractor by Accounts Payable through the Maricopa County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT) process. After Contract Award the Contractor shall complete the Vendor Registration Form located on the County Department of Finance Vendor Registration Web Site http://www.maricopa.gov/Finance/Vendors.aspx. 3.2.4 Discounts offered in the contract shall be calculated based on the date a properly completed invoice is received by the County (ROI). 3.2.5 EFT payments to the routing and account numbers designated by the Contractor will include the details on the specific invoices that the payment covers. The Contractor is required to discuss remittance delivery capabilities with their designated financial institution for access to those details. 3.3 APPLICABLE TAXES: 3.3.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation labor on items that are not attached to real property performed by Contractor under the terms of this Contract, the installation labor cost and the gross receipts for materials provided shall be listed separately on the Contractor’s invoices. 3.3.2 State and Local Transaction Privilege Taxes: To the extent any State and local transaction privilege taxes apply to sales made under the terms of this contract it is the responsibility of the seller to collect and remit all applicable taxes to the proper taxing jurisdiction of authority. 3.3.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, State, and local taxes applicable to its operation and any persons employed by the Contractor. Contractor shall, and require all subcontractors to hold Maricopa County harmless from any responsibility for taxes, damages and interest, if applicable, contributions required under Federal, and/or State and local laws and regulations, and any other costs including; transaction privilege taxes, unemployment compensation insurance, Social Security, and Worker’s Compensation. 3.4 TAX (SERVICES): No tax shall be invoiced or paid against Contractor’s labor. It is the responsibility of the Contractor to determine any and all applicable taxes and include the cost in the proposal price. SERIAL 180126-S 3.5 PERFORMANCE: It shall be the Contractor’s responsibility to meet the proposed performance requirements. Maricopa County reserves the right to obtain services on the open market in the event the Contractor fails to perform and any price differential will be charged against the Contractor. 3.6 POST AWARD MEETING: The Contractor may be required to attend a post-award meeting with the Using Agency to discuss the terms and conditions of this Contract. This meeting will be coordinated by the Procurement Officer of the Contract. 3.7 STRATEGIC ALLIANCE for VOLUME EXPENDITURES ($AVE): The County is a member of the $AVE cooperative purchasing group. $AVE includes the State of Arizona, many Phoenix metropolitan area municipalities, and many K-12 unified school districts. Under the $AVE Cooperative Purchasing Agreement, and with the concurrence of the successful Respondent under this solicitation, a member of $AVE may access a contract resulting from a solicitation issued by the County. If you do not want to grant such access to a member of $AVE, please state so in your bid. In the absence of a statement to the contrary, the County will assume that you do wish to grant access to any contract that may result from this bid. 3.8 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS (ICPA’s): County currently holds ICPA’s with numerous governmental entities throughout the State of Arizona. These agreements allow those entities, with the approval of the Contractor, to purchase their requirements under the terms and conditions of the County Contract. Please indicate on Attachment A, your acceptance or rejection regarding such participation of other governmental entities. Your response will not be considered as an evaluation factor in awarding a contract. 3.9 VOLUNTARY EMPLOYEE DISCOUNTS: 3.9.1 Vendors may voluntarily offer discounts to County employees for products or services provided under this contract. Whether a vendor offers or does not offer an employee discount is not a factor in nor considered in the evaluation of responses to this solicitation. 3.9.2 Any discount offered is part of a commercial transaction between the vendor and individual County employees and the County is not a party to the transaction. Any disputes or issues arising from an individual commercial transaction between the vendor and an individual County employee is a matter between the vendor and the employee. If a discount is offered, the terms will be announced to County employees. 4.0 CONTRACTUAL TERMS & CONDITIONS: 4.1 CONTRACT TERM: This Invitation for Bid is for awarding a firm, fixed-price purchasing contract to cover a term of two (2) years. 4.2 OPTION TO RENEW: The County may, at its option and with the concurrence of the Contractor, renew the term of this Contract up to a maximum of three (3) additional years, (or at the County’s sole discretion, extend the contract on a month to month basis for a maximum of six (6) months after expiration). The Contractor shall be notified in writing by the Office of Procurement Services of the County’s intention to renew the contract term at least sixty (60) calendar days prior to the expiration of the original contract term. SERIAL 180126-S 4.3 CONTRACT COMPLETION: The Contractor shall make all reasonable efforts for an orderly transition of its duties and responsibilities to another provider and/or to the County. This may include but is not limited to preparation of a transition plan and cooperation with the County or other providers in the transition. The transition includes the transfer of all records, and other data in the possession, custody or control of Contractor required to be provided to the County either by the terms of this agreement or as a matter of law. The provisions of this clause shall survive the expiration or termination of this agreement. 4.4 PRICE ADJUSTMENTS: Any requests for reasonable price adjustments must be submitted sixty (60) days prior to the Contract annual anniversary date. Requests for adjustment in cost of labor and/or materials must be supported by appropriate documentation. The reasonableness of the request will be determined by comparing the request with the Consumer Price Index or by performing a market survey. If County agrees to the adjusted price terms, County shall issue written approval of the change and provide an updated version of the Contract. The new change shall not be in effect until the date stipulated on the Contract. 4.5 FUEL COST PRICE ADJUSTMENT: 4.5.1 This provision provides for limited increased or decreased costs of motor fuels (fuels) used to perform services under this Contract. This provision does not apply to burner fuel (i.e. propane, natural gas, fuel oil, used motor oil). It applies to motor fuel only. Fuel cost adjustments may be either positive or negative. A positive fuel cost adjustment will result in an increase in payments to Contractor while a negative fuel cost adjustment will result in a decrease in payments to Contractor. 4.5.2 This provision is intended to minimize risk to both parties to this Contract due to fuel cost fluctuations that may occur during the term of this Contract. This provision is not designed to estimate actual quantities of fuel used in providing services under this Contract, but to provide a reasonable basis for calculating a fuel cost adjustment based on average conditions. 4.5.3 Application of this provision will come into effect upon Contractor submittal of a fuel cost adjustment request. A request may be submitted only when the increased cost of fuel, established as a percentage of total contract price (base fuel cost) upon award of this Contract, exceeds ten (10%) percent of the base fuel cost. The Contractor may request a fuel surcharge no more than four (4) times annually, during the month(s) of March, June, September and December. The request must be submitted no later than the tenth (10th) of the month. Any surcharge shall be effective the first of the following month after receipt and approval. The date of County approval of a fuel cost adjustment request shall become the base date for any future Contractor adjustment requests. 4.5.4 Contractor shall include, as part of its price bid, the percentage of total contract price fuel represents (e.g., fuel cost equals 10% of Contractor cost) (see also, Attachment A, Vendor Information). This percentage will represent and establish the base fuel cost for this Contract. The base fuel cost shall be established as the due date for submission of bids for this Contract. All subsequent fuel cost adjustments shall be based upon the date the County approves a Contractor’s request for fuel cost adjustment (e.g. fuel cost adjustment approved by County on January 1, 2006, January 1, 2006 becomes base date for any next Contractor request for adjustment). 4.5.5 Fuel Cost Application Requirement. The Contractor must provide documentation including type of motor fuel and fuel invoices with price of the fuel used in providing services under this Contract, from the month bids were due and the month of the cost adjustment request, with any fuel cost adjustment application. The fuel cost adjustment application must be completed with all applicable data, and signed by the Contractor. SERIAL 180126-S Any cost adjustment will be calculated by the County by using the bureau of Labor Statistics, Producer Price Index for Gasoline – WPU0571 and #2 Diesel Fuel – WPO57303 (http://data.bls.gov/cgi-bin/surveymost?wp). 4.5.6 The fuel surcharge shall be based on the current quarterly index of the West Coast (PADD5) Diesel (On-Highway)-All Types or Reformulated Areas Gasoline compared to the previous quarterly index period as reported on the Energy Information Administration (EIA) website: http://www.eia.doe.gov/ 4.5.7 The computation of the fuel surcharge amount shall be determined as follows: 4.5.7.1 The fuel cost component from Attachment A (vendor information) of the Contract with Maricopa County, multiplied by the percent of change indicated by the EIA report from the previous index period. 4.5.7.2 Upon agreement by the County to the surcharge, the County shall issue written approval of the change prior to any adjusted invoicing submitted for payment. 4.5.7.3 The surcharge shall be added as a separate line item to the invoice. 4.6 INDEMNIFICATION: To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers, directors, officials, and employees from and against all claims, damages, losses, and expenses (including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the negligent acts, errors, omissions, or mistakes relating to the performance of this Contract. Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives, agents, officers, directors, officials, and employees shall arise in connection with any claim, damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to, impairment of, or destruction of tangible property, including loss of use resulting there from, caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any one directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. The scope of this indemnification does not extend to the sole negligence of County. Each Party (as "indemnitor") agrees to indemnify, defend, and hold harmless the other Party (as "indemnitee") from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as "claims") arising out of the negligent performance of this Agreement, but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers. 4.7 INSURANCE: 4.7.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a company or companies duly licensed by the State of Arizona and possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the stipulated insurance may be purchased from a company or SERIAL 180126-S companies, which are authorized to do business in the State of Arizona, provided that said insurance companies meet the approval of County. The form of any insurance policies and forms must be acceptable to County. 4.7.2 All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Contract is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this Contract. 4.7.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-insurance maintained by County shall not contribute to it. 4.7.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect the County’s right to coverage afforded under the insurance policies. 4.7.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to County under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and County, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. 4.7.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and Omissions, shall name County, its agents, representatives, officers, directors, officials and employees as Additional Insureds. 4.7.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall contain a waiver of transfer of rights of recovery (subrogation) against County, its agents, representatives, officers, directors, officials and employees for any claims arising out of Contractor’s work or service. 4.7.8 Commercial General Liability: Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 for each occurrence, $2,000,000 Products/Completed Operations Aggregate, and $2,000,000 General Aggregate Limit. The policy shall include coverage for premises liability, bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage, and shall not contain any provisions which would serve to limit third party action over claims. There shall be no endorsement or modifications of the CGL limiting the scope of coverage for liability arising from explosion, collapse, or underground property damage. 4.7.9 Automobile Liability: Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned vehicles assigned to or used in performance of the Contractor’s work or services or use or maintenance of the Premises under this Contract. 4.7.10 Workers’ Compensation: Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of the work or services under this Contract; and Employer’s Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000 disease policy limit. SERIAL 180126-S Contractor, its contractors and its subcontractors waive all rights against Contract and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the Workers’ Compensation and Employer’s Liability or commercial umbrella liability insurance obtained by Contractor, its contractors and its subcontractors pursuant to this Contract. 4.7.11 Certificates of Insurance: 4.7.11.1 Prior to Contract AWARD, Contractor shall furnish the County with valid and complete certificates of insurance, or formal endorsements as required by the Contract in the form provided by the County, issued by Contractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Contract are in full force and effect. Such certificates shall identify this contract number and title. 4.7.11.2 In the event any insurance policy (ies) required by this contract is (are) written on a “claims made” basis, coverage shall extend for two years past completion and acceptance of Contractor’s work or services and as evidenced by annual Certificates of Insurance. 4.7.11.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to County fifteen (15) days prior to the expiration date. 4.7.12 Cancellation and Expiration Notice: Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to Maricopa County. Contractor must provide to Maricopa County, within 2 business days of receipt, if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to Maricopa County Office of Procurement Services and shall be mailed or hand delivered to 320 West Lincoln Street, Phoenix, AZ 85003, or emailed to the Procurement Officer noted in the solicitation. 4.8 ORDERING AUTHORITY: 4.8.1 Any request for purchase shall be accompanied by a valid purchase order, issued by Office of Procurement Services, a Purchase Order issued by the using Department or direction by a Certified Agency Procurement Aid (CAPA) with a Purchase Card for payment. 4.9 REQUIREMENTS CONTRACT: 4.9.1 This Contract does not guarantee any minimum or maximum purchases will be made. If purchases are made for the materials or requirement contained in the Contract, they will be purchased from the Contractor awarded that line item. Orders will only be placed under this contract when the County identifies a need and proper authorization and documentation have been approved. 4.9.2 Contractors agree to accept verbal notification of cancellation of Purchase Orders from the County Procurement Officer with written notification to follow. Contractor specifically acknowledges to be bound by this cancellation policy. 4.10 PURCHASE ORDERS: County reserves the right to cancel Purchase Orders within a reasonable period of time after issuance. Should a Purchase Order be canceled, the County agrees to reimburse the Contractor for SERIAL 180126-S actual and documentable costs incurred by the Contractor in response to the Purchase Order. The County will not reimburse the Contractor for any costs incurred after receipt of County notice of cancellation, or for lost profits, shipment of product prior to issuance of Purchase Order, etc. 4.11 SUSPENSION OF WORK: The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time that the Procurement Officer determines appropriate for the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of the suspension, delay, or interruption, but not later than the date of final payment under the contract. 4.12 STOP WORK ORDER: The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Procurement Officer shall either: 4.12.1 Cancel the stop-work order; or 4.12.2 Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the County, clause of this Contract. 4.12.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or Contract price, or otherwise, and the Contract shall be modified, in writing, accordingly, if the Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor. 4.13 TERMINATION FOR CONVENIENCE: Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days advance notice to the Contractor. 4.14 TERMINATION FOR DEFAULT: The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if the Contractor fails to: 4.14.1 Deliver the supplies or to perform the services within the time specified in this contract or any extension; 4.14.2 Make progress, so as to endanger performance of this contract; or 4.14.3 Perform any of the other provisions of this contract. The County’s right to terminate this contract under these subparagraphs may be exercised if the Contractor does not cure such failure within 10 days (or more if authorized in writing by the County) after receipt of the notice from the Procurement Officer specifying the failure. SERIAL 180126-S 4.15 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST: Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or further obligation within three years after execution of the Contract, if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County is at any time while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or consultant to any other party of the Contract with respect to the subject matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the County from any other party to the Contract arising as the result of the Contract. 4.16 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the contract. 4.17 SUBCONTRACTING: 4.17.1 The Contractor may not assign to another Contractor or Subcontract to another party for performance of the terms and conditions hereof without the written consent of the County. All correspondence authorizing subcontracting must reference the Bid Serial Number and identify the job project. 4.17.2 The Subcontractor’s rate for the job shall not exceed that of the Prime Contractor’s rate, as bid in the pricing section, unless the Prime Contractor is willing to absorb any higher rates. The Subcontractor’s invoice shall be invoiced directly to the Prime Contractor, who in turn shall pass-through the costs to the County, without mark-up. A copy of the Subcontractor’s invoice must accompany the Prime Contractor’s invoice. 4.18 AMENDMENTS: All amendments to this Contract shall be in writing and approved/signed by both parties. Maricopa County Office of Procurement Services shall be responsible for approving all amendments for Maricopa County. 4.19 ADDITIONS/DELETIONS OF SERVICE: The County reserves the right to add and/or delete services to a Contract. If a service requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount of service reduced in accordance with the Contract price. If additional services are required from a Contract, prices for such additions will be negotiated between the Contractor and the County. 4.20 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER REVIEW: 4.20.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor agrees to retain all books, records, accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract for six (6) years after final payment or until after the resolution of any audit questions which could be more than six (6) years, whichever is latest. The County, Federal or State auditors and any other persons duly authorized by the Department shall have full access to, and the right to examine, copy and make use of, any and all said materials. 4.20.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-up documentation relevant to this Contract are not sufficient to support and document that requested services were provided, the Contractor shall reimburse Maricopa County for the services not so adequately supported and documented. SERIAL 180126-S 4.21 AUDIT DISALLOWANCES: If at any time it is determined by the County that a cost for which payment has been made is a disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course of action to address the disallowance shall be at sole discretion of the County, and may include either an adjustment to future invoices, request for credit, request for a check or a deduction from current invoices submitted by the Contractor equal to the amount of the disallowance, or to require reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to Maricopa County. 4.22 VALIDITY: The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of the Contract. 4.23 SEVERABILITY: The removal, in whole or in part, of any provision of this Contract shall not void or affect the validity of any other provision of this Contract. 4.24 RIGHTS IN DATA: The County shall have the use of data and reports resulting from a Contract without additional cost or other restriction except as may be established by law or applicable regulation. Each Party shall supply to the other Party, upon request, any available information that is relevant to a Contract and to the performance thereunder. 4.25 RELATIONSHIPS: 4.25.1 In the performance of the services described herein, the Contractor shall act solely as an independent contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship of employer and employee, co-employee, partnership, principal and agent, or joint venture between the County and the Contractor. 4.25.2 The County reserves the right of final approval on proposed staff. Also, upon request by the County, the Contractor will be required to remove any employees working on County projects and substitute personnel based on the discretion of the County within two business days, unless previously approved by the County. 4.26 NON-DISCRIMINATION: CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at the Governor of the State of Arizona website http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby incorporated into this contract as if set forth in full herein. During the performance of this contract, CONTRACTOR shall not discriminate against any employee, client or any other individual in any way because of that person’s age, race, creed, color, religion, sex, disability or national origin. 4.27 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 4.27.1 The undersigned (authorized official signing on behalf of the Contractor) certifies to the best of his or her knowledge and belief, that the Contractor, it’s current officers and directors; SERIAL 180126-S 4.27.1.1 are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from being awarded any contract or grant by any United States Department or Agency or any state, or local jurisdiction; 4.27.1.2 have not within 3-year period preceding this Contract: 4.27.1.2.1 been convicted of fraud or any criminal offense in connection with obtaining, attempting to obtain, or as the result of performing a government entity (Federal, State or local) transaction or contract; and 4.27.1.2.2 been convicted of violation of any Federal or State antitrust statues or conviction for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property regarding a government entity transaction or contract; 4.27.1.2.3 are not presently indicted or criminally charged by a government entity (Federal, State or local) with commission of any criminal offenses in connection with obtaining, attempting to obtain, or as the result of performing a government entity public (Federal, State or local) transaction or contract; and are not presently facing any civil charges from any governmental entity regarding obtaining, attempting to obtain, or from performing any governmental entity contract or other transaction; and have not within a 3-year period preceding this Contract had any public transaction (Federal, State or local) terminated for cause or default. 4.27.1.2.4 If any of the above circumstances described in the paragraph are applicable to the entity submitting a bid for this requirement, include with your bid an explanation of the matter including any final resolution. 4.27.2 The Contractor shall include, without modification, this clause in all lower tier covered transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered transactions related to this Contract. If this clause is applicable to a subcontractor, the Contractor shall include the information required by this clause with their bid. 4.28 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401 AND FEDERAL IMMIGRATION LAWS AND REGULATIONS: 4.28.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act (INA using e-verify) and all other federal immigration laws and regulations related to the immigration status of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors certifying compliance and shall furnish the statements to the Procurement Officer upon request. These warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and Control Act of 1986, as amended from time to time, for all employees performing work under the Contract and verify employee compliance using the E-verify system and shall keep a record of the verification for the duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for download at USCIS.GOV. 4.28.2 The County retains the legal right to inspect contractor and subcontractor employee documents performing work under this Contract to verify compliance with paragraph 4.28.1 of this Section. Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and shall make the documents available at the time and date specified. Should the County suspect or find that the Contractor or any of its subcontractors SERIAL 180126-S are not in compliance, the County will consider this a material breach of the contract and may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. 4.29 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLERBLOWER RIGHTS: 4.29.1 The Parties agree that this Contract and employees working on this Contract will be subject to the whistleblower rights and remedies in the pilot program on contractor employee whistleblower protections established at 41 U.S.C. § 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and section 3.908 of the Federal Acquisition Regulation; 4.29.2 Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described in section 3.908 of the Federal Acquisition Regulation. Documentation of such employee notification must be kept on file by Contractor and copies provided to County upon request. 4.29.3 Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold ($150,000 as of September 2013). 4.30 CONTRACTOR LICENSE REQUIREMENT: The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.30.1 Contractor shall procure all permits, insurance, licenses and pay the charges and fees necessary and incidental to the lawful conduct of his/her business, and as necessary complete any required certification requirements, required by any and all governmental or non-governmental entities as mandated to maintain compliance with and in good standing for all permits and/or licenses. Contractor shall keep fully informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances, and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same. Contractor shall immediately notify both Office of Procurement Services and the using agency of any and all changes concerning permits, insurance or licenses. 4.30.2 Contractors furnishing finished products, materials or articles of merchandise that will require installation or attachment as part of the Contract, shall possess any licenses required. Contractor is not relieved of its obligation to possess the required licenses by subcontracting of the labor portion of the Contract. Respondents are advised to contact the Arizona Registrar of Contractors, Chief of Licensing to ascertain licensing requirements for a particular contract. Respondents shall identify which license(s), if any, the Registrar of Contractors requires for performance of the Contract. SERIAL 180126-S 4.31 INFLUENCE: As prescribed in MC1-1203 of the Maricopa County Procurement Code, any effort to influence an employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct, may be grounds for Disbarment or Suspension under MC1-902. An attempt to influence includes, but is not limited to: 4.31.1 A Person offering or providing a gratuity, gift, tip, present, donation, money, entertainment or educational passes or tickets, or any type valuable contribution or subsidy, 4.31.2 That is offered or given with the intent to influence a decision, obtain a contract, garner favorable treatment, or gain favorable consideration of any kind. If a Person attempts to influence any employee or agent of Maricopa County, the Chief Procurement Officer, or his designee, reserves the right to seek any remedy provided by the Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided by this contract. 4.32 OFFSET FOR DAMAGES: In addition to all other remedies at Law or Equity, the County may offset from any money due to the Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies in performance of the Contract. 4.33 CONFIDENTIALITY INFORMATION: In the course of the solicitation process, the County may disclose information that is proprietary or confidential. By submitting a proposal to the solicitation, the offeror agrees that, except as necessary to prepare a response to this solicitation, neither it nor its agents or employees will communicate, divulge or disseminate to any third-party-persons or entities, any information that is disclosed to it by the County during the course of these discussions without the express written authorization of the County. If the offeror does disclose County proprietary or confidential information to a third party in preparing a response to this solicitation, it shall require the third party to acknowledge and comply with this provision. Any information obtained in the course of performing this Contract may include information that is proprietary or confidential to the County. This provision establishes the Contractor’s obligation regarding such information. The Contractor shall establish and maintain procedures and controls that are adequate to assure that no information contained in its records and/or obtained from the County or from others in carrying out its functions (services) under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. The Contractor’s procedures and controls at a minimum must be the same procedures and controls it uses to protect its own proprietary or confidential information. If, at any time during the duration of the Contract, the County determines that the procedures and controls in place are not adequate, the Contractor shall institute any new and/or additional measures requested by the County within fifteen (15) calendar days of the written request to do so. Any requests to the Contractor for County proprietary or confidential information s shall be referred to the County for review and approval, prior to any dissemination. 4.34 PUBLIC RECORDS: Under Arizona law, all bids submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Bids or sections thereof SERIAL 180126-S determined to contain proprietary or confidential information by the Office of Procurement Services. If a Bidder believes that information in its bid or any resulting Contract should not be released in response to a public record request under Arizona law, the bidder shall indicate the specific information deemed confidential or proprietary and submit a statement with its bid detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after Contract award and execution, except for such Offers or sections thereof determined to contain proprietary or confidential information by the Office of Procurement Services. If an Offeror believes that information in its Offer or any resulting Contract should not be released in response to a public record request under Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and submit a statement with its offer detailing the reasons that the information should not be disclosed. Such reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager of the Office of Procurement Services shall determine whether the identified information is confidential pursuant to the Maricopa County Procurement Code. 4.35 UNIFORM ADMINISTRATIVE REQUIREMENTS: By entering into this Contract the Contractor agrees to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. 4.36 GOVERNING LAW: This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits involving this Contract will be in Maricopa County Superior Court or in the United States District Court for the District of Arizona, sitting in Phoenix, Arizona. 4.37 FORCE MAJEURE: 4.37.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on account of any loss or damage resulting from any delay or failure to perform all or any part of this Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable control and without negligence of the parties. Such events, occurrences, or causes will include Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike, interruption or failure of electricity or telecommunication service. 4.37.2 Each party, as applicable, shall give the other party notice of its inability to perform and particulars in reasonable detail of the cause of the inability. Each party must use best efforts to remedy the situation and remove, as soon as practicable, the cause of its inability to perform or comply. 4.37.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of proving that reasonable steps were taken to minimize delay or damages caused by foreseeable events, that all non-excused obligations were substantially fulfilled, and that the other party was timely notified of the likelihood or actual occurrence which would justify such an assertion, so that other prudent precautions could be contemplated. SERIAL 180126-S 4.38 STRICT COMPLIANCE: Acceptance by County of a performance that is not in strict compliance with the terms of the Contract shall not be deemed to be a waiver of strict compliance with respect to all other terms of the Contract. 4.39 WRITTEN CERTIFICATION PURSUANT to A.R.S. § 35-393.01 If vendor engages in for-profit activity and has 10 or more employees, and if this agreement has a value of $100,000 or more, vendor certifies it is not currently engaged in, and agrees for the duration of this agreement to not engage in, a boycott of goods or services from Israel. This certification does not apply to a boycott prohibited by 50 U.S.C. § 4842 or a regulation issued pursuant to 50 U.S.C. § 4842. Unless and until the District Court's injunction in Jordahl is stayed or lifted, the Anti-Israel Boycott Provision (A.R.S. §35-393.01 (A)) is unenforceable and the County will take no action to enforce it. 4.40 INTEGRATION: This Contract represents the entire and integrated agreement between the parties and supersedes all prior negotiations, proposals, communications, understandings, representations, or agreements, whether oral or written, express or implied. ITEM 9. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 03/18/2025 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 March 3 2025  League Legislative Bulletin March 10 2025  Form Review Form Started By: Angela Padgett-Espiritu Started On: 03/04/2025 09:52 AM Final Approval Date: 03/04/2025  View in browser Print Version Legislative Bulletin: Issue 7 – March 3, 2025   Legislative Update:   Welcome to the eighth 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.   Crossover Week and Key Developments Last week marked crossover week at the legislature, with House and Senate members focused on floor action to advance bills to the opposite chamber ahead of the second committee deadline. With only the Appropriations and Rules Committees meeting, much of the week’s attention remained on the passage of key bills, including HCR2021, the food tax repeal measure. While the bill was scheduled for a Third Read vote twice, it was ultimately skipped both times—suggesting that opposition from cities, towns, and their elected officials successfully stalled its progress. The League remains engaged in efforts to ensure that any further revisions protect municipalities from harmful revenue losses. Beyond municipal issues, the Legislature saw the latest chapter in Governor Hobbs’ ongoing struggle to get her agency nominees confirmed, as Joan Serviss, Hobbs’ pick to lead the Arizona Department of Housing, was rejected by the Senate by a 16-12 vote. This marks yet another setback in the ongoing power struggle between the Governor’s Office and Senate Republicans, who have blocked multiple nominees since Hobbs took office. While Serviss’ nomination was derailed in part due to concerns over a $2 million fraud incident at the agency, Hobbs’ office defended her record, highlighting her role in housing development, investments in the Housing Trust Fund, and crisis response efforts. Despite bipartisan support for some of Hobbs’ past nominees, Senate leadership has largely maintained its hardline approach to agency confirmations.   Meanwhile, the House rejected HB2031, a sweeping deregulation bill inspired by the Trump administration’s Department of Government Efficiency (DOGE) initiative, which aimed to eliminate or consolidate regulatory agencies. Introduced by Representative Alex Kolodin (R-Scottsdale), the bill sought to repeal multiple state boards and commissions, including the Barbering and Cosmetology Board and the Commission on the Arts, which both received bipartisan support for their role in public safety and economic development. While Kolodin argued the measure was necessary to reduce government overreach, lawmakers from both parties pushed back, particularly over concerns that deregulating cosmetology could pose health risks to consumers and that eliminating the Arts Commission would negatively impact Arizona’s $14 billion arts and culture economy. The bill ultimately failed 42-17, with several Republicans joining Democrats in opposition. With the second committee deadline approaching by the end of March, lawmakers will now shift their focus to hearing Senate bills in the House and House bills in the Senate. The League will continue tracking key legislation impacting cities and towns, ensuring that municipal voices remain at the forefront of policy discussions.   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:   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 Result: Passed 11-5-2   Upcoming Hearings   This week, the League will continue to represent municipal interests and testify on important legislative measures. Be sure to check committee agendas for a link if you want to tune into a live stream or watch a recorded hearing. Here are some of the League’s upcoming priorities: SB 1013 municipalities; counties; fee increases; vote House Committee on Government Municipal councils and county boards of supervisors are prohibited from levying or increasing any assessments, taxes, or fees without a two-thirds vote of the council or board. Position: In opposition Hearing: Wednesday, March 5th at 9:00 am in HHR 5   HB 2221 law enforcement; defunding; prohibition Senate Committee on Government Prohibits cities and towns from reducing the annual operating budget of their municipal police departments below the previous year’s budget. If a city or town reduces the police budget, the State Treasurer is required to withhold an equivalent amount of state-shared revenue until the budget reduction is restored. Exceptions are provided for instances where the city or town lacks sufficient funds, provided that all other departments face equivalent or greater budget reductions, or for temporary budget increases related to one-time expenses. Position: In opposition Hearing: Wednesday, March 5th at 10:00 am in SHR 1   HB 2330 voluntary disclosure; disability; licenses Senate Committee on Public Safety Allows individuals with an Arizona driver's license or nonoperating identification license to request that the Arizona Department of Transportation (ADOT) note in their customer record that they may require a communication accommodation. Permits vehicle owners to request that ADOT note in the vehicle record that an occupant may require a communication accommodation. Requires ADOT to establish procedures to make these notations available exclusively to law enforcement agencies. 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:   March Friday 3/28: Last Day to Hear Bills in Opposite Chamber   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 Position: In support Hearing: Wednesday, March 5th at 2:10 pm or upon adj. in SHR 109 #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, League of Arizona Cities and Towns 1820 W Washington Street Phoenix, AZ 85007 info@azleague.org No longer want to receive these emails? Unsubscribe. and actively engage in the democratic process. Here are some priority measures the League is tracking: Legislative Bill Monitoring View in browser Print Version Legislative Bulletin: Issue 8 – March 10, 2025   Legislative Update:   Welcome to the ninth 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.   House Adopts Amendment to HCR2021  After facing significant opposition from rural lawmakers, House Republicans amended HCR2021 last Monday to secure their support. The amendment, offered by Representative Livingston (R-Peoria), modifies the previous 2% cap on municipal food tax rates. Originally, cities with rates higher than 2% would have been required to lower them to 2% or below by July 1, 2027. Under the new amendment, cities that currently have food tax rates above 2% can maintain their existing rates. However, municipalities with a food tax below 2% must still seek voter approval to increase their rate, and any increase cannot exceed 2%. This change marks a significant shift in the debate, as it eases the financial impact on rural cities that rely heavily on food tax revenue to fund public safety and other essential services. The League remains closely engaged in discussions as HCR2021 continues its path through the Legislature, ensuring that any final version protects local control and preserves vital municipal revenue streams.   Senate Advances Amended Starter Homes Bill on Narrow Vote    The Senate took action on SB1229, commonly referred to as the "Arizona Starter Homes Act," by adopting an amendment that makes several changes including removing a provision that prohibited cities from requiring private roads or streets, increases the minimum lot size from 1,500 square feet to 3,000 square feet, and allows municipalities to impose development fees necessary to provide public utilities for homes. Despite these changes, the League of Arizona Cities and Towns remains opposed to the measure, emphasizing that it does not ensure affordability and undermines local planning authority. Supporters of the bill argue that it will expand private property rights and provide younger homebuyers with more flexibility in home design. However, the League has raised concerns that the measure lacks protections to ensure that new housing remains affordable and accessible to individuals rather than corporate investors. The League had been working on amendments to the proposal to address these issues, but before further stakeholder discussions could take place, the bill was pushed forward in the Senate. While some senators signaled their willingness to make additional changes in the House, others questioned whether the bill would ultimately succeed. Senator Leach (R-Marana) argued that SB1229 closely resembles last year’s vetoed legislation and may face a similar outcome. The measure passed the Senate on a narrow 16-13 vote, with some lawmakers expressing reservations but voting to advance the discussion in hopes of further amending the bill. Governor Hobbs later acknowledged municipal concerns about the bill’s failure to guarantee affordability but indicated that she remains open to reducing perceived regulatory barriers if it leads to more attainable housing. The League continues to advocate for a more balanced approach that allows cities and towns to plan for growth responsibly while ensuring that new housing developments are truly affordable and not dominated by corporate investors. The League's proposal was crafted in direct response to concerns outlined in Governor Hobbs’ veto letter from last year, and it remains committed to working toward a solution that supports affordability, responsible planning, and protections for homebuyers. As SB1229 moves to the House, further discussions and potential revisions are expected. The League remains engaged in negotiations and will continue advocating for policies that provide real pathways to homeownership without compromising local governments’ ability to manage growth effectively.   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 2221 law enforcement; defunding; prohibition  Senate Committee on Government    Prohibits cities and towns from reducing the annual operating budget of their municipal police departments below the previous year’s budget. If a city or town reduces the police budget, the State Treasurer is required to withhold an equivalent amount of state-shared revenue until the budget reduction is restored. Exceptions are provided for instances where the city or town lacks sufficient funds, provided that all other departments face equivalent or greater budget reductions, or for temporary budget increases related to one-time expenses.    Position: In opposition  Result: Passed 4-3    HB 2330 voluntary disclosure; disability; licenses Senate Committee on Public Safety Allows individuals with an Arizona driver's license or nonoperating identification license to request that the Arizona Department of Transportation (ADOT) note in their customer record that they may require a communication accommodation. Permits vehicle owners to request that ADOT note in the vehicle record that an occupant may require a communication accommodation. Requires ADOT to establish procedures to make these notations available exclusively to law enforcement agencies. Position: In support Result: Passed 6-0-1   Upcoming Hearings   This week, the League will continue to represent municipal interests and testify on important legislative measures. Be sure to check committee agendas for a link if you want to tune into a live stream or watch a recorded hearing. Here are some of the League’s upcoming priorities: SB 1019 photo enforcement systems; prohibition House Committee on Transportation & Infrastructure Prohibits the use of photo enforcement systems for speeding or red light traffic violations in Arizona. Repeals existing statutes that authorize and regulate these systems and removes references to photo enforcement in related traffic laws. Position: In opposition Hearing: Wednesday, March 12th at 2:00 pm in HHR 3 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:   March Friday 3/28: Last Day to Hear Bills in Opposite Chamber   April Friday 4/18: Last Day for Conference Committees HB 2447 self-certification program; administrative review Senate Committee on Regulatory Affairs & Government Efficiency Requires municipal legislative bodies to authorize administrative personnel to review and approve site plans, development plans, land divisions, lot line adjustments, and plat amendments, and to review and approve design review plans based on objective standards, without a public hearing. Allows municipalities to adopt a self-certification program for registered architects and professional engineers, allowing them to be responsible for compliance with ordinances and construction standards. Effective January 1, 2026. Position: In support Hearing: Wednesday, March 12th at 9:00 am in SHR 109 HB 2448 voting locations; emergency designation; electioneering Senate Committee on Judiciary & Elections Requires all government-owned buildings that are publicly accessible be made available as voting locations for city, county, and state elections when requested by election officials. Restricts the designation of emergency voting centers and non-electioneering polling places to non-government facilities. Position: Neutral Hearing: Wednesday, March 12th at 1:30 pm in SHR 2   HB 2653 victims; disclosure requirements; witnesses; names Senate Committee on Judiciary & Elections Allows crime victims and witnesses to a crime to request redaction of their names from public records if there is a reasonable expectation that disclosure may lead to harassment, threats, or witness tampering. Exempts records shared between law enforcement agencies, disclosed to the defendant or their attorney, or involving deceased victims from redaction. Permits courts to order disclosure if necessary for the defendant's constitutional rights. Position: In support Hearing: Wednesday, March 12th at 1:30 pm in SHR 2 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 No longer want to receive these emails? Unsubscribe. #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