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Home My WebLink About2026.0203.TCRS.AGENDA.PACKET NOTICE OF MEETING REGULAR MEETING TOWN COUNCIL Mayor Gerry M. Friedel Vice Mayor Allen Skillicorn Councilmember Gayle Earle Councilmember Brenda J. Kalivianakis Councilmember Hannah Larrabee Councilmember Peggy McMahon Councilmember Rick Watts TIME: WHEN: WHERE: 5:30 PM - REGULAR MEETING DOORS OPEN 15 MINUTES PRIOR TO THE START OF THE MEETING. TUESDAY, FEBRUARY 3, 2026 FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, ARIZONA Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1- 602.A.9 have been waived. REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO 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 COMMENT IN WRITING ONLINE, Visit https://www.fountainhillsaz.gov/publiccomment and submit a Request to Comment card no later than 12:00 PM on the day prior to 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). Meeting Packet Page 1 of 307 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. INVOCATION 3. ROLL CALL 4. STATEMENT OF PARTICIPATION Anyone wishing to address the Council regarding items listed on the agenda should fill out a Request to Comment card located in the back of the Council Chambers and hand it to the Town Clerk prior to consideration of that agenda item. Once the 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 and if you are a resident for the public record. Please limit your comments to three minutes. To avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation, applause is not permitted, except when community members are being honored by the Council. 5. SUMMARY OF CURRENT EVENTS BY TOWN MANAGER & PROCLAMATIONS 6. PRESENTATIONS a. PRESENTATION: Fiscal Year 2026 - 2nd Quarter Revenue Update b. PRESENTATION: Public Works Update on Proposed FY 26, Pavement Management 7. CONSENT AGENDA 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 item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. The remaining items on the consent agenda will be enacted by one motion and vote of the Council. a. CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes of the Town Council Regular Meeting of December 2, 2025 and December 16, 2025. 8. REGULAR AGENDA a. CONSIDERATION AND POSSIBLE ACTION: Regarding Pavement Management Options for Thistle Drive and Funding Allocation. b. CONSIDERATION AND POSSIBLE ACTION: Regarding a request for a CUT/FILL waiver for 16320 N. Borrego Trail to allow cut and fill in excess of 10' on portions of the property. c. CONSIDERATION AND POSSIBLE ACTION: Regarding a request for a CUT/FILL waiver for property located at 14050 E. Diamondback Ct. to allow fill in excess of 10' on a portion of the property. d. CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2026-02, Fountain Hills Town Council Rules of Procedure Amended and Restated February 3, 2026, restoring "Call to the Public", updating Section 6, improving format, and incorporating changes requested by Council and Staff. Meeting Packet Page 2 of 307 e. DISCUSSION AND POSSIBLE DIRECTION: Directing the Town Manager to Send the Governor a Letter of Support for Tax Conformity SB1106. f. CONSIDERATION AND POSSIBLE ACTION: Related to any item included in the Arizona Cities and Towns' weekly Legislative Bulletin or relating to any action proposed or pending before the State Legislature. 9. 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. 10. FUTURE AGENDA ITEMS 11. ADJOURNMENT Dated this 29 day of January, 2026 Bevelyn J. Bender, 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 (800) 367- 8939 (TDD) 48-hours prior to the meeting to request reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished to the Council with this agenda are available for review in the Clerk's Office. Meeting Packet Page 3 of 307 FY2026 Q2 Revenue Update Paul Soldinger, Chief Financial Officer February 3, 2026 Meeting Packet Page 4 of 307 2nd Quarter of FY2026 (Oct – Dec 2025) Revenue Update Meeting Packet Page 5 of 307 Net Taxable Activity •Total Net Taxable Activity for Quarter 2 of FY26 was $167.4M •Decreased by $11.9M, or 7.1%, from the same period in FY26 2nd Quarter Revenue Update Meeting Packet Page 6 of 307 Total TPT Collections •Includes all TPT reporting categories for all funds 2nd Quarter Revenue Update FY2024 FY2025 FY2026 Change from FY2025 1st quarter 4,188,306 4,250,022 4,209,368 -0.96% 2nd quarter 5,403,449 5,035,683 4,831,425 -4.06% 3rd quarter 4th quarter Actual TPT Revenues Actual TPT Projection % of Projection 1st quarter 4,209,368 3,843,441 9.5% 2nd quarter 4,831,425 4,549,742 6.2% 3rd quarter 4,892,878 4th quarter 4,727,661 Totals:18,013,722 FY2026 Projection to Actual Meeting Packet Page 7 of 307 Retail Sales •Includes Local and Online Retail Sales, Food and Use Tax 2nd Quarter Revenue Update $- $200 $400 $600 $800 $1,000 $1,200 $1,400 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Th o u s a n d s Retail - TPT Collections by Fiscal Year FY2022 FY2023 FY2024 FY2025 FY2026 FY2024 FY2025 FY2026 Change from FY2025 1st quarter 2,307,337 2,258,775 2,255,637 -0.14% 2nd quarter 2,654,837 2,639,578 2,654,588 0.57% 3rd quarter 4th quarter Totals: Retail Sales Actual TPT Projection % of Projection 1st quarter 2,255,637 2,103,817 7.2% 2nd quarter 2,654,588 2,616,341 1.5% 3rd quarter 2,833,986 4th quarter 2,706,216 Totals:10,260,360 FY2026 Projection to Actual Meeting Packet Page 8 of 307 Retail Sales – without food sales •Retail sales excluding food tax may better indicate local shopping trends 2nd Quarter Revenue Update $0.0 $0.5 $1.0 $1.5 $2.0 $2.5 FY2024 FY2025 FY2026 Mi l l i o n s Retail TPT - without Food Tax 1st Quarter 2nd Quarter FY2024 FY2025 FY2026 Change from FY25 1st Quarter 1,858,340 1,817,463 1,848,555 1.71% 2nd Quarter 2,142,377 2,134,130 2,135,426 0.06% Retail sales - without food sales Meeting Packet Page 9 of 307 Retail Sales – Remote Sellers •Remote sales (within retail sales) may better indicate online shopping trends 2nd Quarter Revenue Update FY2024 FY2025 FY2026 Change from FY25 1st quarter 359,792 382,435 446,973 16.88% 2nd Quarter 483,956 468,366 540,542 15.41% Total Remote Sellers $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 FY2024 FY2025 FY2026 Retail TPT - Remote Sellers 1st quarter 2nd Quarter Meeting Packet Page 10 of 307 Construction •Includes Prime Contracting and Speculative Builders 2nd Quarter Revenue Update Large Taxable Event & Audit Collection in FY23 $- $200 $400 $600 $800 $1,000 $1,200 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Th o u s a n d s Construction - TPT Collections by Fiscal Year FY2022 FY2023 FY2024 FY2025 FY2026 FY2024 FY2025 FY2026 Change from FY2025 1st quarter 637,858 582,874 696,692 19.53% 2nd quarter 966,106 745,598 704,959 -5.45% 3rd quarter 4th quarter Construction Actual TPT Projection % of Projection 1st quarter 696,692 577,499 20.6% 2nd quarter 704,959 588,569 19.8% 3rd quarter 599,639 4th quarter 610,707 Totals:2,376,414 FY2026 Projection to Actual Meeting Packet Page 11 of 307 Utilities & Communications •Includes Water, Sewer, Electricity, Cable, Natural Gas, and Internet Services 2nd Quarter Revenue Update $- $50 $100 $150 $200 $250 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Th o u s a n d s Utilities - TPT Collections by Fiscal Year FY2022 FY2023 FY2024 FY2025 FY2026 FY2024 FY2025 FY2026 Change from FY2025 1st quarter 499,547 553,976 533,086 -3.77% 2nd quarter 440,338 456,112 450,222 -1.29% 3rd quarter 4th quarter Utilities & Communications Actual TPT Projection % of Projection 1st quarter 533,086 490,504 8.7% 2nd quarter 450,222 444,726 1.2% 3rd quarter 378,111 4th quarter 381,906 Totals:1,695,247 FY2026 Projection to Actual Meeting Packet Page 12 of 307 Real Estate •Includes Commercial Rentals (no longer includes long-term residential) 2nd Quarter Revenue Update February 2025 - First month without long-term residential rental tax $- $50 $100 $150 $200 $250 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Th o u s a n d s Real Estate - TPT Collections by Fiscal Year FY2022 FY2023 FY2024 FY2025 FY2026 FY2024 FY2025 FY2026 Change from FY2025 1st quarter 263,394 210,949 143,223 -32.11% 2nd quarter 292,549 304,767 180,773 -40.68% 3rd quarter 4th quarter Real Estate Actual TPT Projection % of Projection 1st quarter 143,223 117,747 21.6% 2nd quarter 180,773 157,363 14.9% 3rd quarter 242,244 4th quarter 164,090 Totals:681,444 FY2026 Projection to Actual Meeting Packet Page 13 of 307 Restaurants and Bars •Includes Local Restaurants and Bars 2nd Quarter Revenue Update $- $20 $40 $60 $80 $100 $120 $140 $160 $180 $200 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Th o u s a n d s Restaurants/Bars - TPT Collections by Fiscal Year FY2022 FY2023 FY2024 FY2025 FY2026 FY2024 FY2025 FY2026 Change from FY2025 1st quarter 252,574 252,750 251,363 -0.55% 2nd quarter 398,130 330,995 341,597 3.20% 3rd quarter 4th quarter Restaurants & Bars Actual TPT Projection % of Projection 1st quarter 251,363 273,533 -8.1% 2nd quarter 341,597 311,787 9.6% 3rd quarter 355,815 4th quarter 368,082 Totals:1,309,217 FY2026 Projection to Actual Meeting Packet Page 14 of 307 Services •Includes Hotels, Golf, Tours, and Short-Term Residential Rentals 2nd Quarter Revenue Update $- $50 $100 $150 $200 $250 $300 $350 $400 $450 $500 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Th o u s a n d s Services - TPT Collections by Fiscal Year FY2022 FY2023 FY2024 FY2025 FY2026 FY2024 FY2025 FY2026 Change from FY2025 1st quarter 227,440 390,269 328,474 -15.83% 2nd quarter 650,848 557,727 536,694 -3.77% 3rd quarter 4th quarter Services Actual TPT Projection % of Projection 1st quarter 328,474 280,341 17.2% 2nd quarter 536,694 430,956 24.5% 3rd quarter 483,083 4th quarter 496,660 Totals:1,691,040 FY2026 Projection to Actual Meeting Packet Page 15 of 307 State Shared Revenue 2nd Quarter Revenue Update General Fund Revenues •Projected $889K •Collected $880k* General Fund Revenues •Projected $1.17M •Collected $1.15M $400 $350 $300 $250 $200 $150 $100 $50 Jul 1 Aug 2 Sep 3 Oct 4 Nov 5 Dec 6 Jan 7 Feb 8 Mar 9 Apr 10 May 11 Jun 12 Th o u s a n d s State Shared Revenue - Sales Tax 2022 2023 2024 2025 2026 $600 $550 $500 $450 $400 $350 $300 $250 $200 Jul 1 Aug 2 Sep 3 Oct 4 Nov 5 Dec 6 Jan 7 Feb 8 Mar 9 Apr 10 May 11 Jun 12 Th o u s a n d s State Shared Revenue - Income Tax 2022 2023 2024 2025 2026 *San Tan Valley began receiving State shared revenues in December 2025, reducing Fountain Hills’ shares of TPT & HURF revenues Meeting Packet Page 16 of 307 State Shared Revenue 2nd Quarter Revenue Update Streets Fund Revenues •Projected $287K •Collected $321K Streets Fund Revenues •Projected $467K •Collected $460K* $210 $190 $170 $150 $130 $110 $90 $70 $50 Jul 1 Aug 2 Sep 3 Oct 4 Nov 5 Dec 6 Jan 7 Feb 8 Mar 9 Apr 10 May 11 Jun 12 Th o u s a n d s Highway User Revenue Fund (HURF) 2022 2023 2024 2025 2026 *San Tan Valley began receiving State shared revenues in December 2025, reducing Fountain Hills’ shares of TPT & HURF revenues $150 $125 $100 $75 $50 $25 Jul 1 Aug 2 Sep 3 Oct 4 Nov 5 Dec 6 Jan 7 Feb 8 Mar 9 Apr 10 May 11 Jun 12 Th o u s a n d s State Shared Revenue - Vehicle License Tax 2022 2023 2024 2025 2026 Meeting Packet Page 17 of 307 Questions? Meeting Packet Page 18 of 307 RIOO.Y EAR CT � EDGtl )' 3A lN McDOWELLMOUNTAIN RD-· � --� / t' - •tP-4 Jk !3G_ f J'9eJ;W �\ BX& ;__ �=1 '>'""t>"' I* .... , ' )A.It-"\ ' ;�. www.fountainhillsaz.gov §!. Yf!ll A. : �� =�.mu�---� j �' �t\,,��I� I·-��: ''. Programmed Crack Fill and Preservative Seal FY26 Paving Projects Completed 2016-2018 FOUNTAIN HILLS Meeting Packet Page 19 of 307 ITEM 7.a. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 2/3/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Prepared by: Angela Espiritu, Executive Assistant/Deputy Town Clerk Staff Contact Information: Phone: 480-816-5107 Email: aespiritu@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Approving the Minutes of the Town Council Regular Meeting of December 2, 2025 and December 16, 2025. Staff Summary (background) n/a Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends Approving the Minutes of the Town Council Regular Meeting of December 2, 2025 and December 16, 2025, as presented. Suggested Motion MOVE TO APPROVE the Minutes of the Town Council Regular Meeting of December 2, 2025 and December 16, 2025, as presented. FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. 2025.1216.TCRM.MINUTES VERBATIM TRANSCRIPT 2. 2025.1202.TCRM.VERBATIM.TRANSCRIPT Meeting Packet Page 20 of 307 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 16, 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; Councilmember Gayle Earle; Councilmember Brenda J. Kalivianakis; Councilmember Rick Watts; Vice Mayor Allen Skillicorn; Councilmember Hannah Larrabee; Councilmember Peggy McMahon Staff Present: Town Manager Rachael Goodwin; Town Clerk Bevelyn Bender; Town Attorney Jennifer Wright Meeting Packet Page 21 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 1 of 55 Post-Production File Town of Fountain Hills Town Council Meeting Minutes December 16, 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. * * * * * Meeting Packet Page 22 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 2 of 55 MAYOR FRIEDEL: I'd like to call this meeting to order. If you would please rise, if you choose, for the invocation that will be done by Pastor Keith Pavia from Christ Church in Fountain Hills. I'm sorry. We'll start with the pledge first. I'm sorry. ALL: (Pledge of Allegiance). MAYOR FRIEDEL: And now we'll have Pastor Keith. Thank you. PASTOR PAVIA: Thank you so much. Thank you, Mayor and council, for having me here. I'm honored to be able to deliver the invocation today. Dear God, I come tonight to ask for godly direction and guidance as we discuss things that help in -- are the best interest of this town. Help us to forget our differences and let them work together for the betterment of this town. Keep our focus on integrity and character, not personal preference, and let this meeting go on with no interruptions. In Jesus name we pray, amen. Merry Christmas. MAYOR FRIEDEL: Town clerk, can I have a roll call, please? MS. BENDER: Mayor Friedel. MAYOR FRIEDEL: Present. MS. BENDER: Vice mayor Skillicorn. MR. SILLICORN: Present. MS. BENDER: Councilmember Earle. MS. EARLE: Present. MS. BENDER: Councilmember Kalivianakis. MS. KALIVIANAKIS: Here. MS. BENDER: Councilmember Watts. MR. WATTS: Present. MS. BENDER: Councilmember Larrabee. MS. LARRABEE: Here. MS. BENDER: Councilmember McMahon. MS. MCMAHON: Here. MS. BENDER: Mayor, you have a quorum. Meeting Packet Page 23 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 3 of 55 MAYOR FRIEDEL: Thank you. We'll move on now to town manager. MS. GOODWIN: Thank you, Mayor. I have a number of updates from things that happened this past weekend and a few updates about what's coming up. So bear with me. All right. This past Saturday, the community center hosted the season celebration, which was a wonderful evening filled with holiday cheer. The free event brought together more than 900 community members of all ages for a festive celebration. Guests enjoyed live music by the Fountain Hills Saxophone Quartet, 24 beautifully decorated trees, and the halls were decked with handmade quilts and wreaths. Families took photos with Santa, participated in a Santa dance along, enjoyed craft stations and cookie decorating, where more than 32 dozen cookies were decorated. They also visited their hot cocoa bar, sponsored by Calvary Chapel Fountain Hills, where they served more than 600 cups of hot cocoa, so there's no shortage. Yes, the outdoor play zone featured bounce houses, a ride on train, and games capturing the spirit of the season. On Sunday, the Chabad of Fountain Hills hosted a well-attended menorah lighting ceremony, bringing residents together for an evening of tradition, reflection, and community. The event served as a meaningful opportunity to celebrate the season, share in the symbolism of light, and strengthen the sense of unity that defines our town during the holidays. Shifting gears a little bit, our public works crews continue our wash maintenance activities with a primary focus on Ashbrook Wash, which is the Town's largest and widest wash, and conveys the greatest volume of water runoff. Progress has been slower than anticipated due to storms, heavy vegetation, and instances of unauthorized dumping. Crews are currently working in the segment between Fountain Hills Boulevard and Bayfield, and we appreciate the community's patience as this important work continues. We also wanted to remind residents that Thursday, so that's not tomorrow, but this coming Thursday, the day after, is our third Thursday concert series. It continues at Centennial Pavilion from 6 to 7:30. We have a nice little crowd out there. It's a little Meeting Packet Page 24 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 4 of 55 chilly, but that's okay. We encourage you to bring blankets, chairs, maybe a snack. This month's performance will feature the Sugar Thieves. So please join us and enjoy an evening of live music on Thursday. We also kicked off the Light Up the Town program, which is our annual light display. It features 19 homes throughout the community. The program started this week and runs through December 31st, offering a festive, family-friendly way to experience holiday lights and enjoy the season. An interactive map is available through Experience Fountain Hills, so you can pull it up on your phone. It pops into your Google, and you can make your way throughout the Town to visit all of the participating homes. There's also voting for your favorites, so enjoy that throughout the season. I will say it's always a fun thing when you have an evening open with no plans. Looking ahead into the 2026., this is the -- we wanted to remind everyone that the Mayor State of The Town address will take place at the community center on January 28th. We look forward to sharing highlights of the past year and priorities for the year ahead. The public is invited to join us, and registration is now open through the Town's website. With that Mayor, those are my updates. MAYOR FRIEDEL: Thank you. And now we'll start with our other agenda items. So we'll start with the Mayor's Veteran of the Month recognition. So this month's veteran is Joe Arpaio, known as America's toughest sheriff. Was born on Flag Day, June 14th, 1932, in Springfield, Massachusetts. Joe worked for his father's grocery store throughout his childhood, and after graduating high school in 1950, Joe volunteered to serve in the US Army when the Korean War began. Joe was deployed to Nice, France, attached to a medical unit, and in two years he rose to the rank of staff sergeant. After being honorably discharged from the Army in 1953, Joe stayed in the U.S. Army Reserves as a warrant officer for the Criminal Investigation Division and became a police officer in Washington, D.C., and afterwards in Las Vegas, Nevada, at the age of 25. Joe married his wife, Ava, and was sworn in as a federal agent for the U.S. Bureau of Narcotics, now known as the DEA, in Chicago, Illinois, before being appointed special Meeting Packet Page 25 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 5 of 55 agent in charge of covering Turkey and the Middle East. During his 26-year career with the DEA, Joe also served as regional director, covering Mexico, Central and South America. Joe served as the Deputy regional director for the Boston, Massachusetts and Baltimore, Maryland regions, and special agent in charge of the agency's offices in San Antonio, Texas, Washington, D.C., and Phoenix, Arizona. In 1992, Joe was elected Sheriff of Maricopa County, where he presided over the third- largest sheriff's office in the United States with over 5,000 employees. Joe was elected to serve for 24 years, the longest-serving sheriff in Maricopa County history. Joe, would you please come up and accept this recognition? Okay. You got a hot mic here. MR. ARPAIO: You got a cold guy here. You said I have a hot -- What did you say? Hot? He said I have a hot mic. I don't know about that, but anyway, thanks. And I want to congratulate you, actually, for initiating this new program. And I want to thank you and the Council for what they've done on this program. Very, very excited. I have been a -- I started at ten-years old, but I've been a American Legion for 60 years. And in my career, after the army, became a federal guy and have traveled with many presidents. I'm not getting into politics, but I do say that because one thing I really was angry at, and every speech I have given, I'm not going to do it here -- around the country, I always said, I don't like the way they treated Vietnam dedicated military fighting for our country. I made that a big mission around this country for years and years and years. That's awful what they did to our military who were only fighting for our country. So I haven't given up on that one. That's been one of my top priorities in my elected function and others. So I want to thank you. Thank you for coming up with this concept, which I believe is every month. MAYOR FRIEDEL: Correct. MR. ARPAIO: So that's a great concept. I don't think anyone -- and I've been around the world. I don't think anybody has come up with a formalized concept like this, for Meeting Packet Page 26 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 6 of 55 every month, celebrate our military and pick out a recipient that deserved that honor. So I'm very humble, very humble for being selected by you, the Council, and the committee, and your staff. Never forget the people that work for you. So that's what I have to say. I have my daughter here. I'm not going to plug her business since I like coffee anyway, but she -- where's Sherry at? Where's my daughter? Sherry, come on up for a minute. Can I have a minute with my daughter? So I have to apologize to my daughter and my son, Rocco. He can't make it. She's laughing. She didn't really see her father. You remember? SHERRY: Oh, yeah. MR. ARPAIO: No, never saw me. I was always out working in the hills of Turkey, everywhere. And my wife, her mother, did a great job raising my kids. And as she's up there now, she will be very proud. So we never should forget our families, our families, our military families. What they have to put up to, it isn't easy. And she went through this. She turned out okay. That's because she probably never saw me. But she turned out okay, my daughter. And so I leave you with this. Always remember your families, especially the military, law enforcement. Families deserve credit too. So I want to wish you all a happy -- can I say Merry Christmas? Merry Christmas, New year's. And once again, all of you, thanks for your support. We may have some differences, but I love all you guys. I love Fountain Hills. I think I've been here 38 years. protecting you guys. Anyway, thank you very much. MAYOR FRIEDEL: And now we'll move on to our Stellar Students recognition. And we're going to have the Councilmembers read those recognitions tonight, starting with the vice mayor and then going down the line. Vice mayor. MR. SILLICORN: Thank you, Mr. Mayor. Much better. Thank you, Mr. Mayor. So I actually have the privilege and honor of introducing everyone to Misha Manhas (phonetic). Come on up. Come on up, Misha. So the comments she gets from her teachers are "I am delighted to nominate Misha as a Stellar Student of our Little Falcons Meeting Packet Page 27 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 7 of 55 Preschool. She is a joy to have in her class, polite, caring, always eager to help both her classmates and teachers. Misha is a wonderful friend to everyone and well-liked by her peers. Her academic growth has been remarkable, and we couldn't be more proud of her progress. She comes to school each day with a happy heart and greets her teachers, " as we can, see here "with a bright smile. Misha is so deserving of this special recognition." Congratulations, Misha. UNIDENTIFIED SPEAKER: Good evening. I have the honor of recognizing Axel Wilson (phonetic). If you're here, please come on up. Oh, what a cutie. "Axel is a wonderful nominee for Stellar Student. He brings a great sense of humor and vivid imagination to our classroom each day. Axel is eager to learn how things work and loves sharing his discoveries with his peers. Nothing gets by him. He is incredibly observant and a thoughtful, deep thinker. Watching his growth has been truly exciting. Axel is a loyal friend to all and always brings a positive attitude. Your teacher is so proud of you." She says congratulations. UNIDENTIFIED SPEAKER: I'll start with Ms. Nora Zanella (phonetic) from the elementary school. Nora, hi. "Nora is a bright light in our classroom.: And this is from Ms. Val Reichler. "She is always ready" to prepare -- she is always ready "and prepared to learn. She maintains a positive attitude, even when she faces challenges. She is kind to all her friends and maintains positive relationships. She is always willing to lend a helping hand. She always follows the Falcon way and truly is a joy to have in class." So thank you Nora. And next from the elementary school is Royce Montgomery. This is also from -- oh, teacher Holly Delano (phonetic). So Royce, is Royce here? Well, that's okay, I'll read about him anyway. "Royce is always happy and carries a positive attitude. He follows directions and works hard. He always tries his best and never gives up. He loves music and loves to dance. He keeps us entertained. He is a kind student and a great friend to all of his classmates." Let's hear it for Royce. UNIDENTIFIED SPEAKER: (Indiscernible) Middle school. I never can get that to work. Meeting Packet Page 28 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 8 of 55 "Harlow is not only a high achieving I-21 honors student, she is also a talented artist and a gifted athlete. Harlow is very quiet and focuses her energy on submitting excellent, neat, and well thought out work. Her artwork, handwriting ,and notes are always thorough and beautifully designed. She runs on our cross-country teams and competes in races with her family." Harlow I hope you beat the mayor last on the Turkey Trot. "Harlow is also polite, kind, thoughtful, respectful with classmates and teachers. She's a lovely young lady. " Let's hear it for Harlow. And next up we have Mason Berber-Hibbs (phonetic). Mason is also from Fountain Hills Middle School. "Mason is a quiet, clever, and thoughtful young man who is a scholar and an athlete. He always follows the Falcon way. He is an inquisitive student, creative thinker, and hard worker. He has joined the I-21 program and is excelling. He is friendly with everyone and always respectful and hardworking in class to teachers and peers. Mason is a new member to the FHMS cross-country team and has already shown himself to be competitive and hard working at practice. We are proud of his hard work and delighted he is one of our fabulous Falcons. Thank you Mason." UNIDENTIFIED SPEAKER: Thank you, Jerry. I'm delighted tonight to introduce to you Liliana Villafane (phonetic), whose teacher, Cassidy Robbins, says, "Earlier this week, I saw an interaction with Liliana and a brand-new student where she made them feel so welcome and gave them a sense of belonging. It showed me that she can be a great leader and showed much compassion for her peers. It can be so challenging coming to a new school, where you feel like you don't know anybody. Thank you Liliana, for being so friendly and warm to your fellow student." UNIDENTIFIED SPEAKER: And I have the pleasure of introducing to you, Logan, and I think it's Reedy (phonetic). Are you here, Logan? Did I say it right? Oh, great. And your teacher, Patty Schultz, would like me to tell you that "Logan was a member of the swim team this past season. He's encouraging, hardworking, and builds up his teammates. Logan helps when needed and does the right thing. During the swim season, he cares about his school and representing the Falcon way. Way to go, Logan!" MAYOR FRIEDEL: Now, if you guys want to stand right in front of the Council here, we'll Meeting Packet Page 29 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 9 of 55 get a picture of all of us together. (Group photo taken) MAYOR FRIEDEL: Thank you to all of our students. Now we'll move on with the Mayor's Business Spotlight. And tonight's business that we're spotlighting is Cheryl's of Fountain Hills. Today, we're recognizing Tom and Cheryl Katz and celebrating an incredible milestone of 27 years in business here in Fountain Hills. Tom and Cheryl first opened their doors in the Bashas shopping center back in 1998. At that time, Cheryl was designing homes, from floor to ceiling, while working with working for her brother. Over the years, she completed design work for nearly 500 condominium and resort properties across Tucson, Casa Grande, and Fountain Hills, and Scottsdale. As they approached their first decade in business, Tom and Cheryl began exploring a new direction selling clothing. They started with just a small section of a store, but when the housing crisis hit in 2008, they knew they had to pivot quickly. That decision ultimately led them to the boutique we now know and love today, which is on the Avenue of the Fountains. In 2016, Cheryl moved from the Bashas Center to their current location on the Avenue of the Fountains. Today, Cheryl's of Fountain Hills is a locally owned boutique known for its curated collection of women's clothing, jewelry, handbags and unique accessories. And I know that firsthand because my wife shops there quite a bit. Beyond their business success, Tom and Cheryl have been tremendous community partners. Tom serves as an active member of the Avenue Merchants Association, helping to strengthen and support our downtown businesses. And with the ongoing need for additional restrooms in the downtown Fountain Hills area, Tom and Cheryl generously opened their doors to our Farmers Market vendors. A small act that has made a big difference for the farmers market. Tom and Cheryl, thank you for your service. You provide to our town, for your dedication to our business community, and for being part of the heart of downtown Fountain Hills. We are grateful for your 27 years. Thank you. Meeting Packet Page 30 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 10 of 55 (Photo taken) MR. KATZ: Thank you, Mayor. We have been really fortunate to be in Fountain Hills. We're so lucky to be able to live and work in the Town that we really love 27 years, AND we're going to hope for 27 more. That'll put us, you know -- I think we're just getting started. So anyway, thank you again, everybody. I really appreciate the support that the community has given us to allow us to work and thrive in Fountain Hills. MAYOR FRIEDEL: Awesome. Thank you. MS. KATZ: Your wife was in the other day. MAYOR FRIEDEL: She was. Do you want to tell everybody that? Thank you guys. And so now we'll move on to a proclamation that I have recognizing our Sister City Relationships and honoring Italian culture. So tonight, the Town of Fountain Hills proudly celebrates the spirit of friendship that enriches our community, our sister cities, Ataco in El Salvador. Dierdorf and Germany, and Zamosc in Poland. Each share with us pieces of their hearts, their heritage, their traditions, and their beautiful languages. These relationships remind us that, even across oceans, people can be united through understanding, respect, and goodwill. We also honor the Italian community, whose rich culture and language continue to inspire Fountain Hills and deepen our shared sense of cultural pride. These connections are more than symbolic. They help shape who we are as a town. They bring us new perspectives, new friendships, and a deeper appreciation for the world around us. They remind us that our community is stronger, richer, and more vibrant because of the cultures that touch our lives. On behalf of myself and this Town council, we express our heartfelt gratitude for these international friendships, and for the joy, meaning, and cultural beauty that they bring to Fountain Hills. And these connections are really important. So with that, I know there's people here from Sister Cities, and I think Steve is here from the Italian Club in town. So if you'll both come up, I have these to present to you, and then I'll let you say a couple of words if you'd like. UNIDENTIFIED SPEAKER: Guten abend, liebe ist und freund und Herr Bürgermeister. Meeting Packet Page 31 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 11 of 55 Good evening, friends, Mayor, and council. What an honor it is to be recognized for our efforts here in town. It is such a pleasure to see folks enjoying different countries when they go with us on our trips. And most beneficial is that we are giving students here in Fountain Hills an opportunity to experience a culture outside of their comfort zone. And these kids, when they come back from the trips, they have life-changing experiences. They've been to Ataco, they've been to Zamosc, and they've been to Germany. We just had 12 students come from Zamosc, and we're going to be sending a group in the spring time to Germany. It is a pleasure to see the results of our efforts from these kids. Thank you very much for this honor. And we are celebrating 25 years as our organization in Fountain Hills. UNIDENTIFIED SPEAKER: Thank you, Mayor. Thank you council. Thank you Christine and everybody else here from Sister Cities. Being Italian, the reason I wore a Santa Clause hat is because Santa Clause is buried in Bari, Italy. So that's, you know -- (Italian). And we have great news. We've been talking with an Italian, possible Sister City in Bassano del Grappa. It's where my parents are from or right around the area, and they want to talk to the mayor, and they want to extend everything. So it's really a great Christmas gift if all goes well. (Italian). Merry Christmas to everybody. Bonne tali. Thank you mayor. UNIDENTIFIED SPEAKER: I would like to extend Merry Christmas (Polish) to all of you from Zamosc, Poland. Thank you kindly. UNIDENTIFIED SPEAKER: And real quick, I just want to give greetings from our ambassador, Enrique Melendez, who started Ataco. He couldn't be here tonight. MAYOR FRIEDEL: Thank you. Okay. So we'll move on to our -- we don't have any presentations tonight. We'll move on to our consent agenda. If I can get a motion. UNIDENTIFIED SPEAKER: Motion to approve consent agenda. UNIDENTIFIED SPEAKER: Second. MAYOR FRIEDEL: We have a motion and a second town clerk. Can we take a roll call, please? Meeting Packet Page 32 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 12 of 55 MS. BENDER: Councilmember Earle. MS. EARLE: Aye. MS. BENDER: Councilmember Larrabee. MS. LARRABEE: Aye. MS. BENDER: Councilmember McMahon. MS. MCMAHON: Aye. MS. BENDER: Councilmember Kalivianakis. KALIVIANAKIS: Aye. MS. BENDER: Councilmember Watts. MR. WATTS: Aye. MS. BENDER: Vice mayor Skillicorn. MR. SKILLICORN: Yes. MS. BENDER: And Mayor Friedel. MAYOR FRIEDEL: Aye. MS. BENDER: Mayor, 7-0. MAYOR FRIEDEL: Thank you. And we'll move on to our regular agenda. So tonight there is a subcommittee's recommendation for the Town's Community Service Advisory Commission to appoint one youth commissioner to serve a partial term from December 17th, 2025 through June 22nd, 2026. So I, mayor Jerry Friedel, moved to approve Adam Oberg (phonetic) as the Community Services Advisory Youth Commissioner to serve this partial term, and I request a second on that motion. UNIDENTIFIED SPEAKER: Second. MAYOR FRIEDEL: Okay. We have a motion and a second. Can we get a roll call, please? MS. BENDER: Councilmember Earle. MS. EARLE: Aye. MS. BENDER: Councilmember McMahon. MS. MCMAHON: Aye. MS. BENDER: Councilmember Larrabee. MS. LARRABEE: Aye. Meeting Packet Page 33 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 13 of 55 MS. BENDER: Councilmember Kalivianakis. KALIVIANAKIS: Aye. MS. BENDER: Councilmember Watts. MR. WATTS: Aye. MS. BENDER: Vice Mayor Skillicorn. MR. SILLICORN: Yes. MS. BENDER: And Mayor Friedel. MAYOR FRIEDEL: Aye. MS. BENDER: Mayor, 7-0. MAYOR FRIEDEL: Thank you. And we'll move on to item B on the agenda, which is -- I'm opening a public hearing. So this is dealing with the with ordinance related to rezoning the area bounded by La Montana. Rachel Goodwin, Town manager. MS. GOODWIN: Yes, thank you mayor. The item is going to be presented tonight by Director Wesley. It's the adoption of the Downtown Overlay District. This has been something that we've talked about quite a bit. I believe it also went through our planning and zoning. So John, with that, can you give us an update of where we are? MR. WESLEY: Yes, Mayor and council, good evening. I'll go through this fairly quickly because we have had several discussions about the ordinance itself. So back September 2nd, the Town council approved a new chapter 217 to the zoning ordinance, which is the Downtown Overlay District. It's been developed and intended to replace two existing overlay districts within the downtown area. As part of this rezoning process, we follow the same standards and requirements of any other rezoning, with notice being mailed to all property owners, posting the area, publishing in the newspaper. Over the last few weeks, while that's been out, I've received a few phone calls and emails, particularly from people north of Palisades, concerned a little bit about what might happen in the Innovation District, which is the area north of Palisades, up to Saguaro. And then a couple of owners within the area had some questions, but really it's been relatively quiet on that front. So existing we have C2 zoning mostly in the downtown area with one little spot of three Meeting Packet Page 34 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 14 of 55 C3PD, and then the area bounded by the yellow. We have the two existing overlay districts, entertainment and planned shopping plaza overlays. The proposal is again to replace the two existing overlays and extend the overlay area to include the portion north of Palisades with a new downtown overlay. So your action tonight is whether or not to remove the two overlay districts and apply the new one. It's not really a discussion of the ordinance itself. You've already approved the new ordinance, but for the public who may not be aware of the provisions of that, I've got a few brief slides here that cover the provisions of the ordinance. So again, the Downtown Overlay District is divided into three sub-areas, the Innovation District north of Palisades, the Business District through the middle, and then the Avenue District along the Avenue and a portion of Verde River. In the Avenue District, it limits the uses to primarily the active retail, commercial entertainment, restaurant type uses along the Avenue within 50 feet of the street. It continues to permit the outdoor entertainment activities but allows those to be approved by staff and not have to come to the Town council. Allows residential above the ground floor at 35 units per acre, and no residential on the ground floor. In the Business District, again allows the same uses, but expands it to also include the office uses. So we're looking for more employment type activities as well as the retail in this area. It still allows for the outdoor entertainment, but in a slightly different venue in terms of requirements. Outdoors, but not within the right-of-way necessarily. I see I've got a typo here. Increases residential density 35, not 350. Forget that extra zero in there, per acre by right on upper floors. But on the first floor with an SUP, so 35 not 350. And the Innovation District north of Palisades again allows the various commercial uses, but it's being expanded to allow some employment uses there that wouldn't be allowed today, to facilitate some of the bioscience and other type uses happening in that area. Planning and zoning commission and staff recommend approval of this rezoning. Any questions that you have of me at this time? MAYOR FRIEDEL: Councilwoman Earle. Meeting Packet Page 35 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 15 of 55 MS. EARLE: Thank you, Mayor. I have a question. I didn't see in the packet that the -- well I saw in the packet one of the goals is for the new town strategy plan is to bring increased residential density. But in the packet it didn't have the 35. So that was going to be my question. But now I see it's 35 units. I would like to -- I could approve this, but I would like that reduced to 16 units if we can do amendment for that. MR. WESLEY: Mayor, if I may. So the action tonight is whether to rezone or not rezone. You don't have agendized -- it's not on your agenda to actually change anything within the chapter 27 zoning ordinance. To do that, we'd would have to go back through P and Z for any of those types of changes. MS. EARLE: Okay. Well then I'll be a no tonight. Thank you. MR. WATTS: So John, was it unanimous from planning and zoning that to go to the 35 units? Was there any discussion? MR. WESLEY: Mayor, Councilmember Watts, no, it was not. It was unanimous for it to go to 50 breaker. Council reduced it from 50 to 35. MR. WATTS: Thank you. MR. WESLEY: Excuse me. I'm sorry. It was not unanimous. It was six to one. But the issue there wasn't the 50 units per acre for the one that didn't vote for it. Okay. UNIDENTIFIED SPEAKER: Thank you. John, please clarify. What we're looking at tonight is to determine whether or not to remove existing overlays and replace them. That's all we're really looking at. We're not looking at the units or anything else, correct? MR. WESLEY: Mayor and councilmember, that is correct. UNIDENTIFIED SPEAKER: So that's all we're voting on. We're not changing the ordinance or anything else that has to do with the specifics of what can be built downtown or otherwise, right? MR. WESLEY: That is correct. That would take a separate action. UNIDENTIFIED SPEAKER: Okay. I just need a clarification on it. Thank you. MAYOR FRIEDEL: Do we have any comment cards? MS. BENDER: Mayor, we have three cards. First speaker is Larry Myers (phonetic), followed by Crystal Cavanaugh and then Shelby Blecher. Meeting Packet Page 36 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 16 of 55 MR. MYERS: Larry Myers, resident 44 years. So my 74- year-old brain didn't remember that the planning and zoning wanted 50, or I would have jumped up and strangled some of them. And then I also didn't remember that you guys lowered the 50 to 35, so I would have probably been pretty pissed off about that too. John's original recommendation was 15. And the reason I like all of this and I support it. It's Amanda's -- She's got to have it in order to have some economic development. But I think zoning in this high density of residential will actually zone out Amanda's ability to bring in economic development, because apartments are the biggest money maker for a builder. So if I'm a developer, I come in, I offer a lot of high dollars to all those parcel owners in that one area. I consolidate those parcels, and we have nothing more than a bunch of park places, which we have a problem with now anyway, and we've zoned out any potential extra land that maybe Amanda brings in a company and they say, well, I'd like to have across Palisades too. So I'm trying to save the land for business, not houses, apartments. and 50 is really obtuse. 35 is almost Park Place, and right now by right it's 8. And everybody loves the place next to the Thai restaurant and thinks it fits in. So I would hope you guys would approve the overlay district but reduce the residential density to somewhere back towards the eight. That would keep the character of the Town. We have the one side of the Avenue. Hopefully Park Place finishes out some time in my lifetime. And then the rest of the downtown would be more like the character of the other side of the Avenue and keep the landowners from consolidating into giant parcels where we could put things more, things like Park Place, and less things like Amanda's scientific and technology quest. So thanks for the time. Appreciate it. And thank you. MS. CAVANAUGH: Crystal Cavanaugh, resident of Fountain Hills. Hopefully I'm on the target on what's being addressed, but I'm going to tell you my points anyway right now, because it will probably work into it somehow. Because rezoning that area north of Palisades and along Saguaro could make sense. You know, if it allows the Town to seek out a corporate entity that can then bring well-paying jobs. Meeting Packet Page 37 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 17 of 55 That being said, I didn't really understand how this was all in one bucket, but I was looking at could the parcels be looked at with more specificity, while keeping in mind what would be suitable in Fountain Hills? And the parcels have different owners, so if it was all rezoned at once, the most likely scenario is the one that was just talked about, with an apartment developer swooping in to buy them all. And instead of our usual 8 units per acre, to talk, about 35 units per acre seems ridiculous. There are already over 300 apartments approved in the target lot, which was 100 units beyond what our zoning had called for. There's still over 250 Park Place apartments approved to be built. There are apartments at the corner of Shea and Saguaro being built now. 50 to 70 mountainside apartments can be built, plus others in the north end of town. So changing the remainder of the Plat 208 to bring in high-density apartments doesn't seem to fit the vision for me. And let's take Parkview, for example. Think about a nice rooftop restaurant and bar at the corner with a view of the fountain, especially if it had a unique draw like a Buffalo Bills up in Show Low with its western theme. A nice steakhouse with craft cocktails and a rooftop would be a nice addition. Cave Creek has unique businesses that draw tourists and locals alike. We have a Dark Sky Discovery Center coming and that will bring more visitors here. Could we not seek out a business that complements that, maybe even with telescopes on a rooftop? Be creative to create Fountain Hills as a destination stop. More apartments are the easy way out. And that's what makes me nervous about this. And it brings in part-time people who have less investments with us. And I don't even know who thought jumping from 8 units per acre up to 35 sounded like a good idea, but allowing limited builds similar to the one just recently approved could work out, but certainly not on all the remaining parcels. So maybe Parkview is the real entertainment district with some imagination. On-street parking is available on both sides. Forget narrowing that street. If people need to park further away, maybe an entrepreneur will start a new business shuttling people in a six- person golf cart. I'm requesting that you take your time on this one and really look at Meeting Packet Page 38 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 18 of 55 the end goals for what best suits Fountain Hills downtown. Shea is very busy. Make selections and decisions to divert some of that to Fountain Hills with a solid business overlay for economic development. Thanks. MR. BLECHER: Good evening, Mayor and Town council. Shelby Blecher, resident of Fountain Hills. As you know, I came from Los Angeles, which is a town which is very dense and continues to become even more dense. Growing up there, there was always a community plan that was looked at, and it was always revised for more density and revised for more density and revised for more density. You can't move around the Melrose and Fairfax area anymore. It takes a half an hour to go two blocks, so be careful what you ask for here. I understand this is like an up-and-down vote. You're either going to approve the overlay and allow 35 units per acre or you're not. I say 35 units per acre is way too many. It's just going down the road that other towns are going to, where you're going to choke yourselves to death, and no one's going to be happy, and no one's going to benefit from it. We're going to lose our small town feel, and it's not going to feel any more like a Hallmark town. It's going to feel more and more like downtown Phoenix. Please, just please vote no on this. Thank you. MAYOR FRIEDEL: Vice mayor MR. STILLICORN: Thank you, Mr. Mayor. And I just want to ask you a question. Are you going to close the hearing before accepting a motion, or you're just looking for comments right now, or what's the plan there? MAYOR FRIEDEL: Typically I close the hearing and then we ask for a motion. MR. STILLICORN: Okay. And I'd just like to make a comment. So I am concerned about the density. And it is interesting hearing some comments from the public, especially about Los Angeles. and a little story. Give me a little bit of leeway. It's not long ago I was camping in Big Bear, and I was hiking on the southwest side of the mountain, and I could look down and see Los Angeles. Yet you couldn't see Los Angeles because it was covered in smog. And I had a thought that 60 years ago, 50 years ago, had the leadership in Los Angeles Meeting Packet Page 39 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 19 of 55 envisioned what was going to happen, and had appropriate zoning and appropriate density, Los Angeles wouldn't be like that. It would be a great place to live. But you wouldn't have the pollution. You wouldn't have the traffic. You wouldn't have the crime. You wouldn't have the homelessness, if you just had the appropriate density. And that leads us to where we are here. We are at the perfect town in Arizona. Why would we want to screw it up? So that's all. MAYOR FRIEDEL: Councilman Watts. MR. WATTS: John, just so I'm clear, being an up-and-down vote, we could, if the vote failed, bring this back. Or does it have to go to planning and zoning if the recommendation is for something like 16 units per acre as a density in lieu of 35? MR. WESLEY: So Mayor, Councilmember Watts, you have a couple of different choices this evening. One would be to continue on with the up-or-down vote on applying the zoning. If you vote tonight to not apply it, it's still chapter 27 of the zoning ordinance. So at some point in the future, you could bring it back, and the existing ordinances would just stay in place until we're ready to bring it back. You could continue it this evening and not take action tonight with some direction to staff to go back to P and Z, to consider amendments to chapter 27 and work those through and then come back and pick this up. Either way, it's probably the same whether you vote it down or continued it. If you want to make changes, though, to chapter 27 to change that density, it is a separate action that would need to go back to P and Z first before coming to you. MR. WATTS: But even if it went back to P and Z, we would have the last say as far as the density. If we came back with 35, then we would have the ability to say, amend it to 16. MR. WESLEY: Correct, whatever. MR. WATTS: Correct? MR. WESLEY: Yes. MR. WATTS: Okay. Then, Mayor, once you close -- MAYOR FRIEDEL: Councilwoman. MS. MCMAHON: Thank you very much. Sorry to belabor the point, but this is for the Meeting Packet Page 40 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 20 of 55 Overlay District. If we want to go back and look at the density at 50 per acre, 35, that's a whole different discussion and agenda item. MAYOR FRIEDEL: Correct. MS. MCMAHON: So even if this is passed, we still have the opportunity to go back and look at density issues and revisit that separately. MR. WESLEY: Mayor, Councilmember, that's correct. That is another option. You could go ahead and approve it, and we could still amend the Overlay District and bring that overlay back and it would apply, whatever you amend it to. MS. MCMAHON: Okay. Thank you very much. And I'm going to -- MR. WATTS: I got one more comment. MAYOR FRIEDEL: Councilman Watts. MR. WATTS: I think my concern with voting it is that if we vote to approve it, then we -- even though we can come back and review it and change the density at some point in the future, we leave that window of opportunity open for people, developers, whomever to swoop in and buy up that area under its current zoning, at which time it would be grandfathered in. So I would like to close that window before we allow that to occur. That's my concern. MAYOR FRIEDEL: Brenda. MS. KALIVIANAKIS: Thank you, Mr. Mayor. I think Peggy's points are really well-taken. I think we might be mixing apples and oranges here tonight as to what we're trying to accomplish. I think the density thing is a whole different deal. You know, this this has gone to planning and zoning. They approved 50. It came back to this council at 35. It's had citizen participation plans. It's had a whole history of exposure to the public. And we're here tonight. It seems like a pretty perfunctory vote just to vote on a simple change to the overlay district, which is recommended by our Amanda, our development coordinator. And so I'm going to be for this. If these issues and density -- there's something the Council wants to bring up at a future date, they can do that. But voting against this is not going to do what they're trying to accomplish. Meeting Packet Page 41 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 21 of 55 MAYOR FRIEDEL: Okay. Any other discussion? I'm going to close the public hearing. Councilman Skillicorn, vice mayor. MR. STILLICORN: I'd like to make a motion to continue this until after the retreat. MR. WATTS: Second. MAYOR FRIEDEL: We have a motion and a second to continue. Can we get a roll call, please? MS. BENDER: Councilmember Watts. MR. WATTS: Aye. MS. BENDER: Councilmember Kalivianakis. MS. KALIVIANAKIS: Nay. MS. BENDER: Councilmember Larrabee. MS. LARRABEE: Aye. MS. BENDER: Councilmember McMahon. MS. MCMAHON: Nay. MS. BENDER: Councilmember Earle. MS. EARLE: Aye. MS. BENDER: Vice Mayor Skillicorn. MR. STILLICORN: Yes. MS. BENDER: And Mayor Friedel. MAYOR FRIEDEL: Aye. MS. BENDER: Mayor, 5-2. MAYOR FRIEDEL: Thank you. And our next item C is another public hearing. So I'm going to open the public hearing. Town manager Rachel. MS. GOODWIN: All right. Our next public hearing, John, I think you're up again. This one is related to an SUP for a property on Saguaro Boulevard. Specifically reducing the number of required parking spaces. John, I'll let you take it from there. MR. WESLEY: Thank you. Mayor, Council. We're dealing with the southwest corner of Palisades and Saguaro. The building there it's in the current downtown shopping plaza Meeting Packet Page 42 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 22 of 55 overlay. There's a lot of over 10,800 square feet. Lots of this size, by ordinance, are required to provide all their own parking. However, they can apply for a special use permit to allow up to a 50 percent reduction, given the large parking field adjacent to it with part of the plateau 8. So the property owner has requested a special use permit to remove up to nine parking spaces along the south side of the building. It's currently a three-tenant building. 41 parking spaces are required for this building, and there are 41 parking spaces available. It has two existing drive-up windows, one on the east side and one on the west side. The desire is to remove the parking space along the south side of the building to facilitate reuse of the drive up window along the east side of the building and have a longer drive-up lane to provide access to the order board and then to the window as shown in this particular illustration. If we consider an SUP, there are certain considerations that the ordinance says need to be reviewed, and one is would approval be detrimental to the public health, safety, peace, or general comfort of the neighborhood? So again, there are 41 spaces required and 41 provided. The existing uses today aren't really utilizing all those parking spaces. When you go by there, you rarely see all the spaces full. The Dairy Queen project, which is the one proposing to go in, projects a need for 16 parking spaces so that removing 9 at this point does not seem to be particularly detrimental to the area. Also, looking further around the area, when we look at the eastern portion of the plateau 8 parking lot, and you can see the number of spaces that are currently open there. When we look at all the land available, and if those were each built out to a typical size, there would be a need for 142 parking spaces. And we count 216 currently. So the area does appear to be over-parked for a full build out condition. The next consideration, would the approval be detrimental to existing commercial improvements within the area? So the development is showing seven vehicles being parked up for the drive-up window without blocking any of the drive aisles. If you get beyond that, it could start to impact the drive-thru lanes, the interior circulation there. The applicant has agreed to monitor the situation and put out cones, as may be Meeting Packet Page 43 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 23 of 55 necessary, if there gets to be a significant traffic flow. And there's also some concern with the loss of parking spaces. Employees of the center may decide to park in the most convenient spaces, which would be the ones immediately south of that drive aisle. There's a business looking at using that building, and expanding, and had some concern that if employees are parking there, then her customers wouldn't be able to park. And so we looked at that consideration. And so this illustrates that condition, if you have the two drive lanes in and out, if you get another car stacked behind the drive-up lane, it would start to interfere with incoming traffic. And these are the parking spaces that there was some concern of employees from this building parking in that location. I did make one a note as we reviewed this. The illustration is off a little bit. This is showing a 22- foot-wide drive aisle. But when we measured it, it's actually wider than that. It's actually 30 feet. So there's more room in there for that circulation than what it appears in the illustrations that were provided. And then just overall in the area, there's access off of Palisades Boulevard. There's one off the screen here that would come in off of Parkview that provide multiple routes for vehicles to get into and queue into that drive-up lane just besides just the one off of Saguaro. So we feel that with those, those will mitigate any of the challenges there. And then finally, would approval be detrimental, injurious to the general welfare of the Town? And the staff did not identify any general issues. There was one site planning issue that has been addressed, but go ahead and bring it up, in case you've heard about this or the concern. That is, there is an existing grease interceptor located in a traffic island that's now going to become part of the drive-thru lane. And the sanitary district requested it be moved, and the applicant has agreed to move it to a location to the east that was acceptable to the sanitary district. So with that, the Planning and Zoning Commission has recommended approval of elimination of the nine spaces with two conditions. One is requiring that employees of the businesses on this property be required to park in the parking lot to the southwest and not immediately to the south, and again that they move forward with the grease Meeting Packet Page 44 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 24 of 55 interceptor being moved as shown in the site plan. With that, are there any questions for me? MAYOR FRIEDEL: Councilman Watts? MR. WATTS: John, the parking spaces that are on the south side of the aisle, I'll call it Dairy Queen. I'm glad to see, number one, that it's not a dual lane. I think originally it was proposed as a dual lane for drive-thru, but those parking spaces, it looks like there's three cars. How are they going? How is the owner/developer going to block off or protect those four spaces from being utilized? MR. WESLEY: Councilmember are you talking about these spaces immediately to the west? MR. WATTS: No, I'm talking about the ones to the right where those three cars are. Because if you look at the other drawing with the parking spaces, are those parking spaces included as well, or are they blocked off? And I know I'm pointing to the screen. You can't see it, but it's those first three before the turn lane. MR. WESLEY: So Mayor and Councilmember, here's the existing condition. And these parking spaces will be removed and become the drive-thru lane and these remain. And there's that curb that will be put in for the transition. MR. WATTS: How are you protecting those spaces? Are they just not going to be marked as parking spaces or? MR. WESLEY: To these three immediately to the west? MR. WATTS: No. Back to where now the drive-thru is. MR. WESLEY: So yes, there just won't be spaces anymore. MR. WATTS: You're just going to take the markings away. And so there's no indication?. MR. WESLEY: Yeah, they'll be repaving that, putting in the curb and assign it as the drive-thru lane. MR. WATTS: Okay. So the only problem then is if we had 12 cars in the drive-thru lane, you could have blockage to the other spaces further to the west. MR. WESLEY: Right. MR. WATTS: Should be a warning sign to people not to park there. Meeting Packet Page 45 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 25 of 55 MR. WESLEY: Park at your own risk. MR. WATTS: Thank you. MAYOR FRIEDEL: Vice Mayor. MR. STILLICORN: Thank you, Mr. Mayor and Director Wesley, as an interesting point. And hopefully this is successful, and they'll need more than seven cars in that lane on occasion. And I don't know if there's flexibility to actually eliminate those extra three. But that's not in front of us tonight. But if we're talking about a successful redeveloping of this building, I think we might be open to something like that. At least I am. MAYOR FRIEDEL: Councilwoman McMahon. MS. MCMAHON: Didn't this building used to be a dairy Queen? So it's been there before, correct? It functioned fine, the whole nine yards. MR. WESLEY: Yes, Mayor and Councilmember, I believe that's correct. It's before my time. I haven't seen it. They may have had a more limited line of products that were selling at that time, but yes, it has been a Dairy Queen in the past. MS. MCMAHON: Okay. Thank you very much. MAYOR FRIEDEL: Councilman Watts. MR. WATTS: Just as a side note, they've got great chili dogs, and I never had problem getting through the drive thru. MS. MCMAHON: Want to make a motion? MAYOR FRIEDEL: Let me let me ask if -- are there any other comment cards, Town Clerk? MS. BENDER: No, Mayor. MAYOR FRIEDEL: No. Okay. Thank you. Then I'm going to close the public hearing, and then I'll look for a motion. UNIDENTIFIED SPEAKER: I move to approve. MR. WATTS: Second. UNIDENTIFIED SPEAKER: It works, it works. MAYOR FRIEDEL: So we have a motion and a second. Can we get a roll call vote, please? Meeting Packet Page 46 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 26 of 55 MS. BENDER: Councilmember McMahon. MS. MCMAHON: Aye. MS. BENDER: Councilmember Larrabee. MS. LARRABEE: AYE. MS. BENDER: Councilmember Earle. MS. EARLE: Aye. MS. BENDER: Councilmember Kavilianakis. MS. KAVILIANAKIS: Aye. MS. BENDER: Councilmember Watts. MR. WATTS: Aye. MS. BENDER: Vice Mayor Skillicorn. MR. SILLICORN: Yes. MS. BENDER: And mayor Friedle. MAYOR FRIEDEL: Aye. MS. BENDER: Mayor, 7-0. MAYOR FRIEDEL: Thank you. Next up we have discussion and possible direction relating to creating a Placemaking Strategy for murals on exterior walls. Town Manager Rachel. MS. GOODWIN: Yes, that's correct. So just as a note, it is a discussion item. I believe Amanda is going to walk through the internal conversations we've been having and some of the external requests that we've had about murals within our business area. So Amanda, would you take it from there? MS. JACOBS: All right, Thank you, Manager Goodwin, Mayor, Council. So yes, again tonight is to talk about a Placemaking Strategy on the exterior buildings of private businesses. I am going to be going through lots of pretty folders and then just really seeking a consensus to move forward to bring this back. So our elected officials, who are very analytical and like data, we're not at that point yet. We're wanting to see if Council even supports the idea before we spend a lot of time. But just as a reminder, in '23 the Council unanimously approved a three-year community economic development strategy, which calls for a Placemaking Speaking Meeting Packet Page 47 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 27 of 55 strategy. And then in 2024, you also unanimously approved our downtown strategy. And so here are a couple of murals. So specifically these are on utility boxes within the downtown. In 2023, the Council also approved and authorized as an ongoing expense, $25,000 to execute these murals. So again, these are just throughout downtown. We just installed nine more. And some of you I know, Councilmember Kalivianakis shared and forwarded some residents who are like, how can I get my boxes painted? What about the ones you know across from La Montana? So as we start to do this, the phone starts to ring in. So the last couple of weeks we've been inundated. We'll see there's murals inside. This is Mindful Barbell. This is Snowbird Ice Cream. So we've created a problem. But I think it's a good problem is there's other folks that are wanting to do this. So they're inspired, so we can do stuff and then inspire somebody. I love that. So what we've received is requests from businesses to either donate their wall, which is a blank space, completely white building, for the Town to install a mural. It's also been how about we split the cost of doing that? We'll give you the wall. We'll also split the cost to implement. And then over the last past year and the last couple of months, we've had six to seven businesses do a mix of this, but several wanting to rock and roll right now to actually install murals, which would be completely funded by the property owner or the business. So hence that's the problem is we're getting these requests, but we don't quite have a policy or program. And so what staff is requesting is your support to move forward, to come back in about three to four months. That is showing said policy. So creating some guidelines that could come through Town staff for review and approval, and to also consider a formal annual call-to-artist process. So I'm going to briefly kind of describe what we do with the utility boxes. So we partner with a third-party which used to be called the Southern Arizona Arts and Culture Alliance, which is now called Art State Arizona. And so they work with lots of Meeting Packet Page 48 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 28 of 55 municipalities. They, on our behalf, do a national call-to-artist. So the current one we just completed, we had over 18 artists submit. There is then a committee that reviews it. And there's a criteria. And so, for instance, again with these boxes we say what is appropriate is our fountain, tapping into the dark skies, nature, trees. So we're then reviewing to see has somebody actually followed the rules. Or have they gone out of scope and are going to do something inappropriate? So there's then the ranking. So we would propose something like that where, again, there's some control to ensure there's nothing political in nature, there's no advertising of a business. So for instance, there's one business that's a tenant. We wouldn't want them on their exterior -- they don't own the property, to put a mural that's actually advertising their business because if, for some reason they go under, which we hope does not happen with our business-retention program, that we're not stuck looking at, oh, well, that business failed. So again, looking to do that. As we go through this, we would also want to make sure that we are not having any negative impacts to our Town code, which also within the code includes our zoning code. So with that I will open it up to Council. Again, I know there's not lots of detail. We're just seeking. Would you like us to spend time on this? So we're not telling councilmembers we don't have a process or telling them no, or we'll get back to you, we've been waiting to get to council. So with that, Mr. Mayor, happy to hear some feedback. MAYOR FRIEDEL: Councilmember Kaliviankis. MS. KALIVIANAKIS: .Thank you, Mr. Mayor. Yeah, man, I can't thank you enough to bring this up tonight as a placeholder for future discussion. As you know, I've been approached by a number of businesses and residential, and it's hard to tell them we don't really have a policy on that. Let me see what I can do for you. And so this is, I think, an example of government being nimble. It's responding to a plan that was done by the manager and a few departments. People love the murals and the electrical. And so it's kind of catching on. But it's so good for a public policy standpoint to have people -- had codified, you know, this is what you can do. This is what you can't Meeting Packet Page 49 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 29 of 55 do. You can't promote your own business. You can do something to beautify the City. No politics, just the rules of the road. And so you know, I'm really -- I'm strongly for this. It's something that a lot of people even want in their own neighborhoods. And I do think they would be willing to pay for them. You know, we've got the artists, we've got the talent, and the people want to see their neighborhoods beautified. And so I just want to say thanks for bringing this up. Definite big, big fan. MS. JACOBS: Thank you. MAYOR FRIEDEL: Councilman Watts. MR. WATTS: Yeah. Amanda, Thanks. I'm a fan. There's a lot of fun to walk around and take pictures of -- and macros and you know, of landscape and that kind of stuff. So it's pretty neat. I am interested in what the guidelines will look like. So if you're asked tonight is it to say I'm going to come back with the guidelines, things like the NPO has a comment that says desert muted colors, for instance. So we don't have glaring high gloss. We've got something that blends in with the desert. And possibly a consideration is other utilities. You know, if we can get involved with somebody like Cox Cable and we can do that, fire hydrants, I mean, those can be very, very creative. So other things. And so I'm a supporter. Thank you. MS. JACOBS: Thank you. And then, Mr. Mayor, if I could just. Councilmember Watts brings up a very good point in some of the inquiries I'm getting from businesses. And our residents are looking at other boxes, is telling them it's just SRP right now. So sometimes when you see, oh, there's all these murals and then there's an empty -- so thank you for bringing that up, Councilmember Watts. MAYOR FRIEDEL: Councilwoman. MS. MCMAHON: Thank you. Thank you for bringing this forward. I have concerns about it, though. You're asking about exterior buildings and adding more murals, et cetera. I have a concern that there might be over-proliferation of this because, right now, looking at the SRP utility boxes, they're very unique, and they're very well accepted, and I wouldn't want that to get diluted in a lot of ways. Meeting Packet Page 50 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 30 of 55 But also I'm just concerned about, you know, what are the guidelines going to be, you know, is it censorship? What if somebody wants to put something up and then we, you know, deem it political or something? Is that an infringement on the right for freedom of expression? I mean, I think that this is probably going to detail right now, but it's just those are things that I thought about. And then I think that the Town, if they want to put a policy like this forward, I think that you're going to need some serious consideration about a few things, you know, like that in the artistic world. And again, I am concerned that, given the density of our downtown and other areas in town that, you know, are you going to cap it at a certain number? I mean, there are so many questions that I have about this, but so I am anxious to see what that policy might be. I think that it's going to -- might be a little bit difficult to draft, but then we'll see. Thank you. MAYOR FRIEDEL: I'm 110 percent behind it. Bring us back some guidelines. I think that's what you're looking is for some direction. I think you've got a lot of people that are interested in this. So bring us back some guidelines, and let's move with it. MS. JACOBS: Mayor, do we have anyone else? So again, I've heard from Brenda, Rick and you as a yes. And just looking for -- MAYOR FRIEDEL: Councilwoman Larabee is next up. MS. JACOBS: Thank you. MS. LARRABEE: Sure. I'm also a yes, As far as bringing it back. I will actually somewhat echo what my fellow councilmember mentioned. I do want to be looking at these rules and understanding that, one, I think you brought up a very good point of I don't necessarily want to water down the existing art that we have by going overboard on the other end. So that's going to be where my mindset is when we do rediscuss this. But for the record, I am for it. I think, in general, when we don't have a policy on something that there is public interest, let's get a policy down. MAYOR FRIEDEL: Councilwoman Earle. MS. EARLE: I'm in support of the policy as well. And I just want to make sure that comes back to us to review. Great. Thanks. Meeting Packet Page 51 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 31 of 55 MAYOR FRIEDEL: I think you have your direction. MS. JACOBS: Yep. And I just received a thumbs up. And then to just again reassure, whenever we bring back a draft code, guidelines, or policy, it goes through the Town attorney's office first before we daylight it in public and you see. So I appreciate the concerns from Councilmember McMahon and Larrabee. We'll bring those back. MAYOR FRIEDEL: Thank you. And item E is consideration possible action authorizing the budget transfer from the general fund contingency to the Downtown strategy Fund. Rachel. MS. GOODWIN: Director Jacobs, don't go anywhere. You're up again. This is -- MS. JACOBS: You're stuck with me. MS. GOODWIN: Yes, this is a unique one. And if I recall, Councilmember Larrabee was excited about this when it was first sort of introduced as America's 250th birthday. You probably started to see it advertised in a lot of different places. I see it in so many unusual places. I'm always pleasantly surprised when I see it somewhere unexpected. But in preparation, the Town is getting ready to engage in the same type of honor to sort of partner with the rest of the nation as we celebrate this. And in order to do so, we've been doing some internal discussions about what that looks like, how we can do that, how we can make this a community wide within the next calendar year, 2026. So with that Director Jacobs is going to give you some details and talk about next steps. Okay. MS. JACOBS: Thank you, manager Goodwin. She stole a little bit of my thunder, but that's okay. That's okay because I have to talk budget and numbers, which is sometimes a little boring. So yes, next year we want to celebrate America's turning 250. The unfortunate is it's not currently in the budget. And so that is why we're coming before this mayor and council to request $100,000. But bear with me to the public and to our elected body. So for this current fiscal year, we are looking to take money from our general fund contingency, which is over $1 million, to transfer 15,000 to the Downtown Fund, which also has a healthy balance of almost 700,000. But again, for you, our elected body and Meeting Packet Page 52 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 32 of 55 for the public here and viewing at home, you only gave myself the authority, our CFO and the Town manager within the Downtown Strategy Fund to spend about $130- or $60,000. So I can't go. I don't have the authority, or manager, or CFO. This body does -- has the authority to tell us we can transfer in, so we can tap into that downtown fund that again has close to $700,000. So $15,000 for that is to take down the current banners along the Avenue and then to celebrate America 250 and have those up for approximately six months. The remaining of that 60,000 of that we're requesting for this fiscal year would then go towards the general fund, specifically our Community Services Department, recreation, to get t-shirts that we can start pre-selling in honor of 4th of July America 250, have our branding, a logo of America 250 and also purchase other promotional material that we can distribute throughout the year at our event. So again, from January to July. And then we're also looking at -- we don't know all the details yet, but we would love to have a family movie night with the 1776 theme. And we're looking at some of our parks. So again, to just bring the family, just honor the traditions being America, you know, being American, being proud. Have a picnic, all the things. So now the remaining 40,000 we're asking you for fiscal year '27. I even had to get past the CFO. So because in a couple of months, we will be before you at a council retreat. So the reason why we're asking for that now is we can't wait for you guys to hopefully approve our final budget for fiscal year '27 in June. And then we try to pull off a national promoter, band, and some of these other things. And specifically that 40,000 is we're trying to get a national band or singer. We need to start procuring some of that now, getting contracts in place. And so we can't do that if we don't know we're authorized or have the funding to do that. So what would then happen is the accounting and behind the scenes, our CFO and finance team will just carry that over to fiscal year '27. Hopefully I didn't botch that up. Hopefully I didn't confuse you. So again, we're looking for that budget transfer and authority to celebrate America 250. Mr. Mayor and Council. MAYOR FRIEDEL: Vice mayor. Meeting Packet Page 53 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 33 of 55 MR. STILLICORN: Thank you, Mr. Mayor. This sounds very exciting. Sounds very patriotic. And what's also really neat is that we're ahead of the game here. I foresee this being a great opportunity for tourism. I see this as a great opportunity for us to market our town. So I'm very excited about this. I'm going to make a motion to approve this as drafted. MS. EARLE: I'll second. But I also want to say stuff. MAYOR FRIEDEL: Councilwoman Earle. MS. EARLE: Maybe I didn't hear you say it. is the national band for the 4th of July,? MS. JACOBS: Correct, sorry. No, I didn't. MS. EARLE: Thank you. MS. JACOBS: You're welcome. Yes. You're welcome. MS. EARLE: Got it. Okay. MAYOR FRIEDEL: Brenda. MS. KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, I'm fully supporting this, and I'm going to go right from supporting it into the weeds, which is you mentioned the banners, taking them down, replacing the banners. If there's one complaint I've heard from many residents of our town is those banners are too small. You can't read them. Would there be any chance that we can use this opportunity? We take the banners down and maybe get larger banners and bigger poles, something that would be more appropriate because there's so little right now that it's just, you know, enjoy Fountain Hills in Fountain Hills, but you really can't see them. They're not very visible. So I'm just taking this -- that's why I said it's in the weeds, because I'm for this and I'm not going to kill it if you say no. But I think this would be a great opportunity to throw a little bit of money in better banners, which we could use in the future to celebrate high school students, veterans, or any other thing like in a six-month rotating basis but have them just more visible and something that would be more impactful for tourists and people that drove through the Town. MS. JACOBS: Mr. Mayor, Councilmember Kalivianakis, what I would say is hold that thought and maybe bring that forth during the February council retreat, because it's Meeting Packet Page 54 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 34 of 55 going to delay the process. So again, I would need to get with the facilities department. What's the impact of, of poles like, how quickly could we do this? We could delay it. By you guys saying yes, now, we're hoping in the next couple of weeks to go to print and put these bad boys up in in January. This could delay it by a couple of months. So I appreciate where you're going and kind of going in the weeds but maybe bring that up for the February council retreat to think about it for consideration for fiscal year '27. MS. KALIVIANAKIS: Fair enough. Thank you. MS. JACOBS: You're welcome. MAYOR FRIEDEL: Councilwoman Larrabee. MS. LARRABEE: Just for the record, I would agree on that. I'm certainly not opposed to discussing larger banners, but I want the money that we're approving for the 250th to go to the 250th. And really, all I wanted to say was I knew this idea would be in good hands with Amanda I'm just so excited to see this. So thank you so much. I think that Fountain Hills is leading the charge in a lot of ways on celebrating the 250th anniversary of our country. And I'm really excited and really proud to see this unfolding. So thank you for you and everything that you and your team are doing. MS. JACOBS: Thank you. And Mr. Mayor, councilmember Larrabee, I do you want to give a huge shout out to our recreation team that is part of this, as well as our public information officer. So we've been meeting for several months, and then of course, our manager of like, yes, like we need to get this done and her helping with the creativity. But I'm like, I'm the one that has to ask for the money. We need to stay at 100,000. So there's been excitement. So thank you. MAYOR FRIEDEL: Councilman Watts. MR. WATTS: Yeah, I'm definitely a supporter of the celebration and the thought behind it. Although I do think it's important that we're not providing the community with swag bags and free t-shirts, and there is some recouping of some of these costs as we go forward. I'd also ask to give you my proxy next time I go to the bank to get a loan, so you can sell them on me too. Thank you. Meeting Packet Page 55 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 35 of 55 MS. JACOBS: So again, Mr. Mayor, Councilmember Watts again brings up a good point. So with the T-shirts, we do plan on selling them. So we will be recouping. And then, as always, as we kind of get through this program, we will report back of did we use the full 100,000. Of course you're going to see things. But we can also report back on the T- shirt sales. MAYOR FRIEDEL: I'll make a final comment. I think it's fantastic. And we really need to have a big celebration for the 250th, so I'm 100 percent behind this. So did we get a motion yet on this? No. UNIDENTIFIED SPEAKER: Oh you did. UNIDENTIFIED SPEAKER: Yeah, we had Allen and then I seconded it. MAYOR FRIEDEL: Oh, we have a motion and a second. Can we please take a roll call? MS. BENDER: Councilmember McMahon. MS. MCMAHON: Aye. MS. BENDER: Councilmember Larrabee. MS. LARRABEE: Aye. MS. BENDER: Councilmember Earle. MS. EARLE: Aye. MS. BENDER: Councilmember Kalivianakis. MS. KALIVIANAKIS: Aye.. MS. BENDER: Councilmember Watts. MR. WATTS: Aye. MS. BENDER: Vice mayor Skillicorn. MR. SKILLICORN: Yes. MS. BENDER: And Mayor Friedel. MAYOR FRIEDEL: Aye. MS. BENDER: Mayor. 7-0. MAYOR FRIEDEL: Thank you. MS. JACOBS: We appreciate your support. MAYOR FRIEDEL: Okay. Moving on to item F regarding proceeding with pavement Meeting Packet Page 56 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 36 of 55 management options for Richwood Avenue and approving necessary budget transfers. Rachel. MS. GOODWIN: Correct. Thank you, Mayor. We have Jeff Pierce, our street superintendent, returning again. He's going to be talking about the request. There was a recent request about Richwood. When we did the initial street presentation, there was some concerns and questions about potentially doing additional streets if the money was available. So this was one suggested option. Mr. Pierce is going to walk through that, but we're certainly open to other discussions and ideas. So with that. MR. PIERCE: Thank you very much, Mayor, Vice Mayor, Council. I stand here before you tonight in regards to direction to staff to find an alternative payment method for Richwood Avenue. It's located in the north part of town, which falls between Golden Eagle Boulevard and Boulder Drive. It's approximately 4100-feet long, almost 4200-feet long. During this time, staff has met with multiple vendors for onsite field evaluations discussing multiple treatments. During that time, our own chip seal and cape seal projects came up that the Town conducted a few years ago and were discussed. You may be familiar with El Lago Boulevard between Palisades and Fountain Hills Boulevard and also Chama. Both of those received these products, and so far are doing very well with the results. This project consists of many steps. I'll go down the list of kind of what it takes in order to do this project. For this first we start off with a concrete replacement. Staff evaluates the roadway. They mark curbs and other forms of concrete that need to be replaced first. So that way we have proper curb lines for the work. We then go down and we remove any types of asphalt that looks like it's distressed or has compaction issues and backfill it with the proper asphalt that is needed for that. We then perform a micro mill, which is basically a half to three-quarter-inch mill, bringing it down, eliminating any of the high spots in that roadway, which then takes a type two or three micro seal. Basically, it's a sealer that goes over that. We come back with a crack seal to fill any of those cracks that may be showing through Meeting Packet Page 57 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 37 of 55 there. And finally we put down a chip seal and a cape. Basically, we put down chip, asphalt chips and glue it down with a cape. This product it has a service life of just under a decade. Depends on a number of things, whether -- so you're looking at about seven to ten years to get out of this product. The cost of this right now is roughly estimated at $740,000 to do this on this road. If no action is taken, unfortunately, with the way Richwood is currently in the state, more distress will continue to grow. And unfortunately, the cost will be higher with future rehabilitations needed to reconstruct this roadway. With that said, is there any questions? MAYOR FRIEDEL: Councilwoman Earle. MS. EARLE: Thank you, Mayor. Yeah, I have a few questions. I've driven on this road, and it does look pretty bad. So my question is, is this a pre-incorporation road? MR. PIERCE: I believe it is. Yes. MS. EARLE: Okay. And my other question is I know you call them feeder roads or the roads going into that have been done. Weren't they full reconstruction? MR. PIERCE: Yes ma'am. MS. EARLE: They were. Okay. So I don't see the cost of full reconstruction. Do you know what that would be if we did full reconstruction? MR. PIERCE: Yes, ma'am. A quote secured late last week in regards to a full reconstruction for this road. A full reconstruction for this road is estimated at $935,000. That is just the reconstruction of the road. With the cost of the concrete that would still need to be replaced with it, you're looking at just about $1.1 million. MS. EARLE: And with this we're looking at 750,000. MR. PIERCE: Correct. With the temporary, the lesser of the two. MS. EARLE: It's not a huge difference. Would we be able to do this if we did a full reconstruction? MR. PIERCE: That depends on the funding. MS. GOODWIN: I think that's part of the conversation. And Paul, I hate to do this to you, but I am going to ask if the budget transfers as related to this, if this is part of our Meeting Packet Page 58 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 38 of 55 streets funding, or if this is coming from -- because there's been associations with savings of other projects coming in under, however, those are specific to our capital improvements. The question is it funding that this is specifically out of our streets fund, is that right? MR. SOLDINGER: Yes. Short answer. Rachel, Mayor, Council, is we can do it. Palomino came in well under budget and that was going to be reimbursed from the streets fund anyways. So it's really just moving the budget or the permission to do the work directly out of the street's fund. So even with the additional around 1.1, 1.2 million, we could definitely do it within the constraints of the budget. MS. EARLE: That would be my recommendation since this road gets more traffic than even the side roads did. Thank you. MAYOR FRIEDEL: I don't know who's next here. Vice Mayor. MR. STILLICORN: Thank you, Mr. Mayor. And I'm not sure which way to go as of yet, but I would point out that there is a big difference between chip seal and total reconstruction, and it's over 50 percent increase. And if you think of it that way, I mean, that is another portion that can go towards another street. So it isn't like it's $900,000 versus $1 million. I mean three-quarters of a million versus 1.1. I mean, that's over 50 percent increase. MAYOR FRIEDEL: Councilman Watts. MR. WATTS: If you took the 4,100 square feet that you've got as asphalt, and you backed into a number for Palomino and how it actually came out, as opposed to the estimates that you've got today, how would that compare? MR. PIERCE: I currently do not have that in front of me, sir. MR. WATTS: I think it's worth looking at because I'm also a believer. We've been shortsighted before about how we do some of our repairs. And I'm not saying this is shortsighted, but the longevity of a street that is completely redone is probably closer to 20 years, at least twice what this is. So half again, as much to get twice the longevity. Not being shortsighted. And I think with what we found on Palomino that our estimates were high. And if we could back into that number without going to a lot of work, it Meeting Packet Page 59 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 39 of 55 would be worthwhile looking at to figure out whether or not it makes some sense. And I think the life expectation, and if I'm using 20 years as a reasonable number with reasonable maintenance, and if it's not right, then I'd like to know that as well. The 7 to 10 years has got a fairly wide range. So I'm going to be just as liberal saying 20 years. So worth chasing down a little bit. Thank you. MAYOR FRIEDEL: Before I call on Councilwoman Kalivianakis, I just wanted to throw this out with the savings that we have under budget. I was going to make a suggestion later in this meeting that we consider doing cape and chip. Find out if we can move it to a CIP and do Thistle as well. So we could get two major roads done with the savings under budget from these bids that came in lower than expected. So I'd like to get more roads done. And then be able to preserve them as long as we can. But anyway, Councilwoman Kalivianakis, go ahead. MS. KALIVIANAKIS: Thank you, Mr. Mayor. Well, I've really spent a lot of time with this one, and I guess I reject the notion that we should even be doing anything to this Richwood Road. This reminds me of the worst of Washington, D.C., that we took money from CIP and we put it into roads for Palomino, which we were going to repay from streets later. And now Palomino came in under budget and so suddenly now we think we have all this found money like we won the lottery. And what are we going to do with this extra money? Why don't we just put it back in CIP? That's what we should be doing. I don't even know why we're talking about this road. It's not good public policy. And it stands in contradiction to the road repair plans that we've been talking about in this council for years that I've been on this council. This Richmond wouldn't have been supported by the former streets committee. It's not supported by the RAS report that determined the priority list of roads to be repaired, and also the BOSS pavement selection software. It doesn't show up. I think we should be supporting a data-driven approach to fixing the roads. If we don't use a data-driven approach, but we just throw ideas out there that aren't on the existing list of people that are trying to get their neighborhoods fixed, because there is a list of 1 through 100. And so we're kind of bumping everybody down because we want to select Meeting Packet Page 60 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 40 of 55 this road over all the rest of the road. So the next one on the list is going to be bumped to maybe another year or two. And I don't think that's a good idea. If we support a data- driven approach, then we will be cleared of accusations of possible cronyism or misuse of public funds. Because if we start fixing certain roads and people are going to say, why are those furrows being fixed, are these where politicians live? Or is this where somebody was guiding us to do, to jump the line? And so it raises speculation of, you know, why that road and not the one next on the list. You know, we did have some money savings because we did put off Fountain Hills Boulevard until we get a more exhaustive plan. We did save some money on Palomino. But you know, why are we robbing CIP? And it always goes into the buckets. The buckets that they always do at the retreats. There's a bucket for CIP, a bucket for streets, a bucket for development, economic development. And so when you start grabbing money from one bucket and putting it into a next bucket, then all of a sudden roads are going to be great, but CIP is going to suffer. And CIP is concerns. You know, we've got major repairs for this building, for the road, for the roof, for the community center. And we've got the Lake Line. We've got a lot of money that we need to spend. So by just saying, well, let's just pick a road out of the air, I don't think it's a good idea. I would ask maybe Director Weldy. Would Richmond? Is this currently on our BOSS report as the next road that we should be repairing? MR. WELDY: Mr. Mayor, Councilmembers. Richwood was not on this year's selection. The roads that were selected by the software, the data, which is driven by budget, were presented to the Mayor and Council earlier this calendar year. MS. KALIVIANAKIS: So wouldn't it be more prudent policy to pick the ones that were previously selected by a program that we spent millions of dollars on that RAS report. There was a truck that drove every street to determine what are the worst ones. For us councilmembers to say, well, I drove in Richwood and I don't think it's a good road. Well, maybe you didn't drive on 15 other streets that were worse because there are many streets that are worse than that one. Meeting Packet Page 61 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 41 of 55 And they've been previously prioritized. They are on a list, and I don't know why we're jumping the list on this project. If somebody would care to explain what makes this one more important than the next one on the BOSS list, I would love to hear that explanation. MAYOR FRIEDEL: So let me let me share something with you. First of all -- MS. KALIVIANAKIS: I believe I still have the floor, Jerry. MAYOR FRIEDEL: Okay. MS. KALIVIANAKIS: And I will be finishing soon, but I don't want to be real-time fact checked. I will yield the floor back to you when I'm finished. Instead of borrowing the funds from CIP and then replacing them later, wouldn't it be logical to just return the funds back to CIP now and go back to the BOSS list? The list that was made to make our job easier as what the next road to fix. Again, this is government that just because we save money, we feel like we have to spend money. And I don't like that concept. Just because we save money on one project, we should put the money where we found it, and we should go back to the original plan. And the other thing, and this is more importantly too -- and again, Director Weldy or Paul, if you want to address this, I would really appreciate it. But ten years ago this town had some budgetary and funding problems and threw a lot of hard work through Director Poch and our staff. We got in an enviable position now that we do have some extra money in reserve, and we do have funding, but we do have a lot of projects coming up, and there was a lot of hard work to get us to the point that now we do have more money. But if we start spending money on, well, let's throw money at this road and let's throw money at that road, is there a chance that we will get back to the days that our funding will be depleted, and then we're going to have to start restricting other improvements, infrastructure, just because we want to fix certain roads? Could you explain that, Paul? Because from my experience in Fountain Hills history, you know, we had some pretty lean times, and we fattened it up based on a lot of good thinking. Meeting Packet Page 62 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 42 of 55 MR. SOLDINGER: Yeah. So Mayor, councilmember. What I'm advising is what we can do within the constraints of the budget. And so for this particular road that we're talking about today and the budget transfer, the way it's explained in the staff report, I'm trying to be as objective as possible, is that Palomino Boulevard came in under budget. For that, in the budget, what we plan for which is very confusing, I've had to kind of go through this several times in front of the dais is that it's being paid out of the CIP fund but automatically being reimbursed from the streets fund because it's a streets project. So in this case, it's more of a logistical move to do the budget transfer. It's still going to be eventually paid out of the streets fund. So that's within the constraints of the original plan. But it's the Council's decision on making changes to that plan and that budget. So if you want to go a different way with that, and to clarify, this agenda item tonight would not actually transfer money. It's just the budget authority. So it would be the permission to directly spend money out of the streets fund rather than the CIP fund and do the reimbursement. MS. KALIVIANAKIS: Yeah, I can appreciate that, that the funding will eventually be recouped by future street funds, correct MR. SOLDINGER: So we're in a -- so Mayor and Councilmember, we're in a strong fund balance situation right now where, yes, the Council has authorized transfers of savings, general fund excess reserve savings into various funds, including the streets fund. So right now, today, we have a little over $13 million in the streets fund. A lot of the streets work is going to happen in the second half of the fiscal year. So we are going to plan to spend a lot of that down. Also, depending on what you decide on tonight. Palomino, a little over $3 million, that will be reimbursed from that fund. We also have $5 million in the streets fund already for other road paving work. That was I believe, selected by the BOSS data. So that's $8 million right there coming out of that 13 million. We'll still recoup some revenues along the way this year. So we'll still be in a decent fund balance or savings position at the end of the year to do more streets work next Meeting Packet Page 63 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 43 of 55 year, but probably not as much as this year. So tonight the agenda item is simply to give the Council an option. If you want to do Richwood, we can do it within the constraints of the budget. MS. KALIVIANAKIS: And I appreciate that. And just to conclude, I just think a data- driven approach based on the RAS report and the BOSS software program would be better than just picking improvement roads out of the air with no explanation other than I drove on them, and it didn't seem like a good road to me. Thank you. MAYOR FRIEDEL: Now that the filibuster is over, I'll make a couple of comments. First of all, we are following the BOSS data. This is additional work. We're not shoving anybody else down the road. And secondly, there's no cronyism involved in this. All the feeder roads that were leading into Richwood were done. Why not complete it all, that whole neighborhood in one season, if we can do that? I have been on that road, and it is a mess. I don't know that you have. So we are following the data. We have the money. MS. KALIVIANAKIS: (Indiscernible) home delivered meals (indiscernible). MAYOR FRIEDEL: This isn't a discussion right now. We have the money available. Another road project came in under budget. We're going to take those funds and complete this road, and possibly even another road, and still follow the BOSS data and get the roads that we would normally do completed as well. So this is in addition to not shoving anybody else's road down. And I don't think any resident in this town has said that we're cronies because this street didn't get done or that street didn't get done. Our focus is to get roads done as much as we can, and every resident in this town sees what we're doing, and they're happy with the progress that we're making on our roads. I've not heard one complaint about a road being done and us being cronies for doing it, and I don't know of any politicians that live on Richwood. MS. KALIVIANAKIS: I didn't say I accuse anybody of cronyism. I said, the way we're doing this, there could be the accusation of -- MAYOR FRIEDEL: Brenda, that's enough. That's enough please. Meeting Packet Page 64 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 44 of 55 MS. KALIVIANAKIS: It's a possibility. MAYOR FRIEDEL: Councilman Watts, you've been waiting. MR. WATTS: So if we follow the BOSS or whatever report in this year's budget to address the streets, where and how was the decision made? I think it's an important question. How did we get to Richwood? Maybe Justin -- maybe director can explain to us why we selected it. Nobody's asked the question. How did we get to them? Are they in next year's list and we're bumping them up? If we've already got this year's list taken care of, how did we get there? MR. WELDY: Mr. Mayor, Councilmember, Richwood was direct select. MR. WATTS: What does that mean? MR. WELDY: From this elected body. So there are discussions in regards to all the different types of roads and classifications. When we presented what we could do with the money that was allocated based on the data, staff recommended, and I'm that staff member -- that we not do anything to Fountain Hills Boulevard. As part of that conversation and every other one we've had, I have listed a number of long, wide roads, including Richwood, Palomino, King's Tree. I could continue on down the list. And those are additional roads that need historically a single funding mechanism. As part of that conversation, Richwood was discussed. MR. WATTS: So if I said it less eloquently, we did -- the Council, this Council did discuss, was advised that Richwood was in the mix. And could it be that the amount of money that we saved, the cost for the square footage, for the 4,100 square feet of asphalt, repair, removal, whatever we end up with, fit Richwood better than other streets because of its size, because of its overall condition? And so it was selected not randomly, not haphazardly, but we literally -- your department looked at it and said, this is the best fit for the funds that we have available to get it in from next year's to this year. MR. WELDY: We looked at it, Councilmember, based on council direction. MR. WATTS: Thank you. MAYOR FRIEDEL: Councilwoman Larrabee. Meeting Packet Page 65 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 45 of 55 MS. LARRABEE: Thank you. I actually really appreciated the conversation regarding whether the chip and cape or a rebuild would be worth it. With the Mayor's suggestion of getting two roads with that amount of money, maybe combining Thistle in there, I wanted to clarify, what would the timeline be if we were -- instead of doing Richwood and Thistle, if we were to say, let's just rebuild Richwood? I know Councilmember Watts kind of answered my question, but just to hear it from your mouth, what would that lifetime then be for? MR. PIERCE: I believe a reconstruction of a road, a brand new road has a lifespan of about 30 years. So you're talking about three decades if it's utilized with the proper preservation methods. But you have to follow those. You have to preserve them. You have to rejuvenate them. You have to do it properly. So it's about 30 years, I believe, that we've presented to this Council before in our RAS presentations. MS. LARRABEE: Okay. So. One road for 30 years versus two, maybe two roads for 7 to 10. However, as discussed, this is on top of, not instead of. So we are saying that we're buying time there before we do eventually have to rebuild those pre-incorporation roads. What I guess I'm trying to weigh in my brain is do we consider continuing this and rebuilding that road instead, or do we value those two roads for seven to ten years. Instead, I just want to hear everybody's conversation on that, I guess. MAYOR FRIEDEL: Councilwoman. MS. MCMAHON: Thank you very much, I appreciate it. I'm also concerned about selection, direct-select, whatever you want to call it. I feel like Council did agree. And there is a management plan in place based on the street committee based on professionals. And I feel like, for example, when we selected Palomino, there was disagreements about that street, even with the residents. And I don't want that to happen again. I thought that Council had discussed and agreed upon a payment plan for certain streets. And even though I appreciate your response, Justin, it really didn't address the question. It's not that staff I don't think is, like you said, is picking this. It's Council. And I don't think that we ought to select streets out of sequence because it does affect our Meeting Packet Page 66 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 46 of 55 budget. It does affect how much money we're going to have for the streets funds. I'm not going to vote for this because I recall we did already decide on the streets that were going to be repaired with the funds, and I don't want to backtrack on that. Thank you. MAYOR FRIEDEL: Vice Mayor. MR. STILLICORN: Thank you, Mr. Mayor. Actually, would you mind explaining your plan to fix more roads? You mentioned that there's a possibility of doing Thistle. Tell us more about your plan to fix more roads. MAYOR FRIEDEL: Well, that's not really an agenda item, but we're not picking and choosing. We're still doing the other roads, according to the BOSS data. This is in addition to. So the bids came in lower on Shea Boulevard and also Palomino. So my thought was if they came in that much lower, we could also do a chip and cape on Thistle like we were going to do on Richwood. So you're going to get two major arteries in this town, and all the connector streets to Richwood right now have been done already. So why not clean up that whole neighborhood at one time? And I think Chama and El Lago have held up extremely well with that process. Have they not? MR. PIERCE: They are showing good signs, yeah. MAYOR FRIEDEL: So we're not using the data that we have. This is in addition to the data and the road work that we're doing. MS. MCMAHON: I understand that and thank you. However -- MAYOR FRIEDEL: I'm sorry. MS. MCMAHON: I said I'm sorry. MAYOR FRIEDEL: You weren't recognized yet. MS. MCMAHON: I thought you were answering -- MAYOR FRIEDEL: No. We're vice mayor. No, the Vice Mayor. MR. STILLICORN: Mr. Mayor, thank you very much. And it's good to hear that you have a vision to fix more roads and move us a steady progress where we want to get. Motion to approve as drafted. MS. LARRABEE: Second. Meeting Packet Page 67 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 47 of 55 MAYOR FRIEDEL: Councilwoman McMahon. MS. MCMAHON: Thank you very much. Again, I feel like this is going out of order as far as street selection. And I'm wondering if we don't spend this money right now, if we carry it over to the next year's budget and then have more money to maybe fix a longer, larger -- or larger portion of streets versus selecting another one this year, for lack of anything else to say, just to get it done. I'm just -- I feel like we're going out of sequence, and I'm not for direct select. That's all there is to it. I'm not going to vote for it. MAYOR FRIEDEL: Thank you, Councilman Watts. MR. WATTS: I'm confused that we're going out of sequence in any way, shape, or form. Director Weldy clearly told us how we got to Richwood. My concern is that we can get three times the useful life out for 50 percent more. When I go to the grocery store and it's buy three, get five, I do that. And I think the same thing applies to roads. I can get more life, less headaches. And I wouldn't be surprised if we could throw both of the roads in, Richwood and what was the other road? Thistle. Thank you. And maybe I would say we should look at that to make sure that we can get those done in the same manner of a complete removal and replace. I just like doing it right, as opposed to doing it three times. Thank you. MAYOR FRIEDEL: Councilwoman Earle. MS. EARLE: I'm with Councilman Watts. I like the math on three years with 50 percent more. So I don't know. I guess we would have to vote down against this one. And how do we get to that if we -- UNIDENTIFIED SPEAKER: (Indiscernible) ask to amend it? MS. EARLE: I would then ask Allen if he would amend it to a full reconstruction. Allen. Skillicorn, sorry, Councilman Skillicorn. Are you just thinking? MR. STILLICORN: Mr. Mayor, Councilwoman, I like the Mayor's plan, and I think he's got a solid plan here. Gets us ahead of the curve. If we were going to amend it, I'd like to get his input. MAYOR FRIEDEL: I'm not opposed to the reconstruction. But I think we should also Meeting Packet Page 68 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 48 of 55 then maybe get some input about moving Thistle to a CIP to do what I was suggesting on that one. But I don't know that we can discuss that right now because it's not. Yeah, we'll bring it back separately. So I'm not opposed to that, Vice Mayor, if you want to make the amendment. MR. STILLICORN: I will amend my motion to the full rebuild. MS. EARLE: Thank you. MR. WELDY: Mr. Mayor, Councilmembers, if I may, as we're discussing the different types of treatment here, Staff went out and prepared an estimate for a chip seal with a cape micro mill. Reconstruction is different, and that requires us to go back to the board. And part of that discovery will include some geotechnical exploration. That's when we go out and dig holes in the road to determine the type of base, whether it's a suitable base. Please note that Mr. Pierce provided you with a preliminary number tonight to reconstruct it, not the final number. That will not be known until after we do the geotechnical and a little bit of other looking into it in regards to logistics and moving and discuss it with the Town manager and procurement. MAYOR FRIEDEL: Justin, Jeff what kind of a time frame are we talking about? If you have to go back and do the geo work. MR. WELDY: Mr. Mayor, Councilmembers, realistically, we would return in the latter part of February with our end results including an updated estimate. MAYOR FRIEDEL: So is it safe to say that that 740 could balloon to maybe double? MR. WELDY: In regards to the chip seal and cape, sir, No. MAYOR FRIEDEL: No, I'm talking about a full reconstruction. MR. WELDY: So the preliminary number is a little bit over 1.1 for reconstruction. Is there a possibility that price will increase? Yes. Is there a possibility it will be less? Slightly. We will not know that until we do the geotechnical. And there's a lot of internal moving parts and discussions that need to be have with other professionals, and then make a determination based on our findings, whether or not we want to take the additional time that we did with Palomino. Get some solicitation out there, a little Meeting Packet Page 69 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 49 of 55 bit of competition. We see the outcome of that. So we would have to have some discussion about that as well. Either direct select using one of the job order contracts or cooperative use agreements. Or do we want to go out for bid. MAYOR FRIEDEL: We could continue this and have them bring back information if that's what the Council wants to do. MS. MCMAHON: Can we do that? MAYOR FRIEDEL: Councilman Watts. MR. WATTS: I just want to be real clear about you came up with the with 1.1. You didn't just wave your finger in the air. It wasn't a wild guess. It was based on experience. It was based on what you believe to be so. I'm not looking for it to double. If it moved ten percent, $100,000, one way or another, you still have the multiplier effect of the 740 versus the 1.2. And we still get a road that's got 30 years versus 7 or 10. And if I'm a pessimist in the 7 years, then I get four times the return on my money as opposed to three times with the 30 years. So I'm still a supporter of reconstruction 1.1. I believe in you guys to be able to get the best numbers to manage the 1.1, and we shouldn't see a significant increase, if anything and possibly to your point, Director, we might even see a reduction from the 1.1. So I'm still going to stand firm on the reconstruction. MAYOR FRIEDEL: Councilwoman Larrabee. MS. LARRABEE: Yes, I think I have a point of information. Whichever one's a question. Councilmember, asking through the Mayor, of course, but Councilmember Skillicorn for the amendment to the motion, are we moving to continue this, to then talk about reconstruction, or are we moving to approve 740,000 right now as the budget transfer and understanding that they'll need to come back for additional, that -- that's where I apologize. I was just I -- I missed exactly what the amendment is. MR. STILLICORN: Thank you, Mr. Mayor, Councilwoman, the question is valid because the packet and the staff report recommended the chip seal. And it appears that the Council majority's opinion has changed on that. And that's fine. But the amendment to the original motion would be to allow -- and the directors back there -- is allow the Meeting Packet Page 70 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 50 of 55 sufficient funds transfer to allow for the effectively $1.1 million estimate for a total rebuild. That's the specifics of the amended motion. And as long as I know there's -- it seems like there's two detractors to chip seal. As long as they're still insisting on the rebuild, I would like to keep with that motion. MS. LARRABEE: Thank you. MR. STILLICORN: Are you going to also amend your second? MS. LARRABEE: Yeah, I amend my second. MR. STILLICORN: Okay. MAYOR FRIEDEL: Okay. Town Clerk, we have a motion and a second. Can we get a roll call, please? MS. BENDER: councilmember Kalivianakis. MS. KALIVIANAKIS: Nay. MS. BENDER: Councilmember Larrabee. MS. LARRABEE: Aye. MS. BENDER: Councilmember Earle. MS. EARLE: Aye. MS. BENDER: Councilmember McMahon. MS. MCMAHON: Nay. MS. BENDER: Councilmember Watts. MR. WATTS: Aye. MS. BENDER: Vice Mayor Skillicorn. MR. STILLICORN: Since I oppose potholes, I'm a yes. MS. BENDER: And Mayor Friedel. MAYOR FRIEDEL: Aye. MS. BENDER: Mayor, 5-0 -- I'm sorry, 5-2. MAYOR FRIEDEL: Thank you. And then the next agenda item is G. And I'm going to open a public hearing on this one. And this is regarding proposed development impact fee schedule. Town Manager Rachel. Meeting Packet Page 71 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 51 of 55 MS. GOODWIN: Thank you, Mayor. The public hearings are for our impact fees. We've been talking a lot about these. There's a few updates to share. We're almost to the homestretch here. We have this meeting, and then it will be brought back again in January for I think the final time, ideally. So with that, I will hand it over to our CFO for more updates. MR. SOLDINGER: All right. Good evening, Mayor, Vice Mayor and Council. This is the second-to-last step of this long, laborious process to update our development impact fees. We will be holding the public hearing tonight to hear public input. And we'll be talking about a staff proposal to reduce the fees based on recent changes in projections. And with that, the Council will take no action tonight. But consider the public feedback, and we'll come back at the January 20th meeting for Council to consider the final approval of the impact fees, and they would go into effect in April. I think it's a 75-day waiting period. So with that, just another updated timeline. Things have been changing. It's very malleable. Basically, on the 21st, the Council did approve the Land Use Assumptions and Infrastructure Improvement Plan, including the development impact fee schedule. Since then, we actually received bids and awarded -- the Council awarded a bid on December 2nd for the Shea widening project for the construction of $3.2 million. That was about half of what the engineering estimates indicated. I kind of explained the timeline in other meetings, but we had a budgetary amount of $3 million based on an older estimate. We got a new one that pretty much more than doubled what we were projecting. We used that to develop the land use assumptions and infrastructure improvement plan that you approved. And since then, we got good news through the bidding process that the construction costs will come in much less than that engineering estimate. So tonight I'm getting a little bit ahead of myself. We'll talk about that in just a little bit. But tonight we're having the public hearing. And then the last step, like Rachel mentioned, would be on the 20th for consideration of approval of the new impact fees, and they'd go into effect next April. Meeting Packet Page 72 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 52 of 55 So just the basic background, these are our current fees, the kind of ones to look at. Just an easy point of reference is the single-family residence and multifamily fees at the top 3,973 combined for single-family residence and 2,537. This is being charged to develop new development in the Town for those types of residents, as well as the commercial type properties below, based on 1,000 square foot of space. Based on the report that you approved on the 21st, we did talk about in depth how the fees were substantially increasing, but there was some wiggle room and flexibility for the Council if things change in the projections to consider. Number one, tonight during the public hearing and then for approval, if there is any appetite to reduce the fees based on the change in projections. So that has happened. You'll see that the proposed fees in the report you approve about tripled up to 12,314 and 7,100 bucks for a single-family multifamily residence. But since then, like I mentioned, we did receive an award, a bid for the that project. The Shea Boulevard widening project is about .94 lane miles to, widening to three lanes at 3.2 million. Once we looked at all the costs associated with the project, it was pretty much almost exactly 50 percent. So what we're doing tonight is just kind of introducing our recommendation that we'll be bringing to you on January 20th to say, hey, the parks and the fire impact fees, we recommend they stay the same. And with the streets fee, we're recommending reducing it by 50 percent. And with that this is actually what the new revised fees would look like that you would be considering for approval on January 20th. You'll see that the single family, rather than the 12,314, it's down to 8,816, still more than double than what it currently is. So it is still a substantial raise, but not as -- easier to stomach than triple the amount. And the multifamily is down to 5,462. And you'll see down the line across the other development types that there was a reduction for the street's impact fees. So this is what's included in the updated report in your packet that you'll consider approval for on the 20th. And this last slide just simply shows the difference between the current fees and what the staff-recommended fees would be. You are still seeing an Meeting Packet Page 73 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 53 of 55 increase across the board for a single-family residence. It would be going up by $4,843, multifamily 2,925 and down the line. And with that, I'd be happy to answer any questions. MAYOR FRIEDEL: Councilman Watts. MR. WATTS: Pretty significant drop. And (indiscernible) put this together the second time around? MR. SOLDINGER: Yes, Councilmember. MR. WATTS: And the outlook, we're still able to accomplish everything that was in our original plan for parks, support all the developments, additional (indiscernible), you name it, we've got it included there for the next five years. Is that correct? MR. SOLDINGER: Yes, Mayor and Councilmember. It lasts for five years before it's required to be updated, but the assumptions are based on a ten-year outlook. MR. WATTS: Okay. I like the fact that it went down. It's more conducive to building and our economics. So thank you for that. MAYOR FRIEDEL: Councilwoman. MS. LARRABEE: Paul, I just want to thank you for your work on this. I know I've been the I guess, thorn in your side on the development fees, and I just I appreciate that we found something that does lower, especially that amount for single-family homes. That lowering by almost 3,500 is really exciting. So thank you. I know it's got to raise one way or another. So I appreciate your work, and I appreciate your patience with me. I will no longer be the bump in the road. MR. SOLDINGER: Thank you. Appreciate that. MAYOR FRIEDEL: Thanks for your hard work on this. Paul, this has been a long journey. And we see the results. So thank you again. Are there any comment cards? MS. BENDER: No, Mayor. MAYOR FRIEDEL: Okay. Then I'm going to close the public hearing on this. Thank you. MR. SOLDINGER: Thank you very much. MAYOR FRIEDEL: And notice was given that items H and I were removed from the agenda, as was requested. And now we'll have Council discussion and direction to the Meeting Packet Page 74 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 54 of 55 Town manager. UNIDENTIFIED SPEAKER: Merry Christmas. MAYOR FRIEDEL: And then we'll move on to future agenda items. And I have two. One I'd like to have back. For the future agenda, the overlay conversation again so that we can get that resolved with the density. UNIDENTIFIED SPEAKER: Yes. He has voted to continue that. MAYOR FRIEDEL: Yeah. All right. So I just wanted to make sure we had that continued, and that we'll bring that back. And then I want to see if we can take a look at what it would cost for Thistle with a chip and cape and have that really become more of a CIP project. Anybody have anything else? Can I get a motion to adjourn? UNIDENTIFIED SPEAKER: So moved. MS. LARRABEE: Second. MAYOR FRIEDEL: All in favor? Aye. ALL: Aye. MAYOR FRIEDEL: Thank you. Meeting Packet Page 75 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 16, 2025 CITY COUNCIL MEETING MINUTES Page 55 of 55 HAVING NO FURTHER BUSINESS, MAYOR GERRY M. FRIEDEL ADJOURNED THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL HELD ON DECEMBER 16, 2025, AT 7:35 P.M. APPROVED: ____________________________________ GERRY M. FRIEDEL, MAYOR ATTEST: ____________________________________ BEVELYN BENDER, TOWN CLERK CERTIFICATION I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA HELD ON DECEMBER 16, 2025. I FURTHER CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD, AND THAT A QUORUM WAS PRESENT. ________________________________ BEVELYN BENDER, TOWN CLERK Meeting Packet Page 76 of 307 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 2, 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 Allen Skillicorn; Councilmember Gayle Earle; Councilmember Brenda J. Kalivianakis; Councilmember Rick Watts; Councilmember Hannah Larrabee; Councilmember Peggy McMahon Staff Present: Town Manager Rachael Goodwin; Town Clerk Bevelyn Bender; Town Attorney Jennifer Wright Meeting Packet Page 77 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 1 of 45 Post-Production File Town of Fountain Hills Town Council Meeting Minutes December 2, 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. * * * * * Meeting Packet Page 78 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 2 of 45 MAYOR FRIEDEL: I'd like to call this meeting to order. And if you would please rise for the Pledge of Allegiance. MULTIPLE SPEAKERS: I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all. MAYOR FRIEDEL: And if you choose, please remain standing. The invocation will be given by Pastor Clayton Wilfer from Joy Church. WILFER: Let's pray. Dear Heavenly Father, we thank you for this town and for all the blessings you have given us. We pray for the leaders of this council, that they may be guided by your wisdom. Grant them and all of us the desire and ability to follow your word, which says that we should be quick to hear, slow to speak, and slow to anger. We pray that your grace, love, and peace be with all who have gathered here. We pray all of this in the name of Jesus. Amen. MULTIPLE SPEAKERS: Amen. MAYOR FRIEDEL: Town clerk, can I have a roll call, please? BENDER: Mayor Friedel? MAYOR FRIEDEL: Present. BENDER: Vice mayor Skillicorn? SKILLICORN: Present. BENDER: Councilmember Earle? EARLE: Here. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Here. BENDER: Councilmember Watts? WATTS: Here. BENDER: Councilmember Larrabee? LARRABEE: Here. BENDER: Councilmember McMahon? Meeting Packet Page 79 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 3 of 45 MCMAHON: Here. BENDER: Mayor, you have a quorum. MAYOR FRIEDEL: Thank you. And I believe everybody was given a statement of participation on their way into the meeting tonight, so please follow accordingly. Town manager. GOODWIN: Thank you, Mayor. As we begin tonight's meeting, I'd like to take a moment to recognize a few of our wonderful community events from this past week and those that are on the horizon, coming this weekend. First, a big thank you to everyone who participated in our annual Turkey Trot. We saw record breaking attendance this year, and it was a fantastic way to watch so many residents and families kick off the holiday family weekend together. And a special nod, of course, to Mayor Friedel for lacing up his sneakers and joining us for the run this year. Thank you for representing the town so well. Following the run, our annual parade brought many -- even more energy and excitement to the downtown. It was great to see many community groups, families, and spectators turn out to celebrate. We also hosted our sold-out breakfast with Santa, which brought a lot of joy to our youngest residents here in Fountain Hills. Our sensitive Santa saw a significant increase in attendance, providing a calmer, more comfortable experience for those who benefit from a quieter setting. We're grateful to everyone who helped make these events welcoming and accessible to all. Looking ahead, we don't stop there -- Thanksgiving weekend is not just -- is just the start. Looking ahead, we invite the community to join us this weekend for the stroll in the glow along the Avenue. It's a wonderful way to celebrate the season, enjoy the lights, and spend time with friends and neighbors. We hope to see you there. Speaking of lights, we often get asked where to find the best holiday displays in town. And we have the perfect answer. Residents are invited to help light up the town by entering their homes in our annual Light Up the Town holiday tour. The deadline to Meeting Packet Page 80 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 4 of 45 enter is Wednesday, December 10th and once registered, participants decorate their homes and we put together an interactive map that folks can download and it will guide them throughout the town to all participating homes, and it will be available on Monday, December 15th and the tour will run through December 31st. You can vote for your favorite houses, your favorite -- favorite décor, prizes will be distributed. It's a great way to sort of celebrate the season on your own time and enjoy a dazzling, self- guided tour around Fountain Hills. With that mayor, those are my updates. MAYOR FRIEDEL: Thank you. As you can see, we've been very busy. So right now I'd like to do a special recognition. I have a citizenship award that I want to bestow upon Bob Burns. Bob has been a reporter, local reporter here in town for 38 years, I believe. Is that right, Bob? BURNS: 37. MAYOR FRIEDEL: 37. Okay. I gave you an extra year's credit, so we'll knock that out of your pension. I'm just kidding. Bob, for your consistent reporting, thoughtful coverage, and unwavering dedication to keeping the residents of Fountain Hills informed, your presence at the town council meetings and your passion for local journalism having left a lasting impact on our community, thank you for your years of service and congratulations on your retirement. And with that, we have a special little -- we're going to take a couple minute recess because we brought some cupcakes in honor of your retirement. If you'll come up and accept this award and then maybe say a few words, that would be great. BURNS: My voice isn't very good tonight, so I'll just say that I had most of what I said and said it in print this week, and I appreciate the recognition and thank you very much. MAYOR FRIEDEL: Hey, Brent, do you and Ryan want to get a picture with Bob? Why don't you and Ryan come up and get a picture with Bob? And then you can roll the cupcakes out. If everybody wants to take a minute and get a cupcake, that would be great. We'll take a little pause for cupcakes. I'm sorry. They're out in the lobby. Thank you. Meeting Packet Page 81 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 5 of 45 (PAUSE) MAYOR FRIEDEL: Thank you again, Bob, for your years of service. And now we're going to start with our presentations. Town manager? GOODWIN: All right. Thank you, Mayor. Our first presentation tonight is from the Fountain Hills Sister Cities Corporation. Christine, I think you're going to be giving an update to our mayor and council, is that right? Do you have a PowerPoint or anything? Okay. Great. Justin, would you mind helping her if she needs any technical support up there? Mayor and council. This is Christine Cawley (ph.). Many of you know her and a lot of different capacities, but she is also part of our Sister Cities program here in Fountain Hills and leads the way in a number of our other initiatives. All right. Christine, I'll turn it over to you. CAWLEY: Thank you. Good evening, Mayor, City Council, and Rachael. If I may, if we were in Dierdorf, our German sister city, you would be greeted. [Speaking German]. I'm Christine Cawley. I'm a 30-year resident of Fountain Hills. We made our home here in 1995 and I've never looked back. So I'm here today to tell you a little bit about Sister Cities that was founded in 2000. And I'm often asked, what is a sister city? So let me tell you. It's basically a relationship that is formed between two municipalities. It happens after visitors have identified a desire to partner with a city in a foreign country. Visits are made and exchanged, and then the community decides that this relationship is a positive go forward, and the relationship is cemented with the signature by the highest elected officials of the communities. We are in good company in this country. Sister Cities International fosters 500 nationwide chapters, with 2100 sister city partners in 145 countries. Arizona alone has 13 sister city chapters with 58 international sister cities. Who we are. Fountain Hills Sister Cities is a nonprofit organization managed all by volunteers. We provide opportunities for all people in our area to develop and participate in international relationships. We are volunteers, as I said; we're passionate about working with sister cities -- across the world. We seek to promote peace, hope, Meeting Packet Page 82 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 6 of 45 harmony, and deeply human connections through international citizen diplomacy. As part of this vision, we identify partnerships with cities that are like us and like us means we agree on concepts. We like each other. We like our culture. Our sister cities vary greatly, so it's not a sister city that is the same size, the same location, the same -- Dierdorf, for example, is a town of 6,000 people. So is Ataco and Zamosc is 30,000, but we found connections in those cities that made the relationships initiate and grow. Why we do it. We are a passionate group of people that really enjoy to work in different cultures and maintain and grow those relationships in those cultures --. We fulfill the original concept of the Sister Cities movement started in 1956 by President Eisenhower, whose mission was to reunite -- a fractured, post-World War world, one community at a time, people-to-people style. Here are our sister cities. Ataco, El Salvador that originated with Enrique Meléndez, who is from El Salvador, and he is the honorary Consul emeritus at the time. And this happened in November 2007. And Wally Nichols (ph.) went with Enrique to Ataco. And I believe they turned on the lights in Ataco for the first time when they visited there. Mayor Linda Kavanagh was in charge in June of 2014 when Elizabeth and Bogomil Horsham (ph.) -- Elizabeth is here and Elizabeth was born in Zamosc. And that's how that relationship was established. And so they went to Zamosc at the time and to sign the agreement. Dierdorf, Germany came on board in 2005, also with Mayor Wally Nichols, and we had a long relationship in the high school with Dierdorf already, because they were doing student exchanges with as many as 36 kids at one time when I moved here and learned about that. So it was easy to -- identify that as a proper sister city. And I'm from Germany, so I manage that relationship with pleasure. Excuse me. So what have we been doing? We celebrate five, 25 years with our first exchange to Dierdorf, and we take high school students between Dierdorf and Fountain Hills and Zamosc and Fountain Hills and these kids come back with life-changing experiences. The last time Polish students were here, and I was at the bus when they departed, and the one boy said to his father, you know, I always wanted a brother, and now I have one. So it's Meeting Packet Page 83 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 7 of 45 heartbreaking the relationship these kids establish. We do some humanitarian efforts and Ataco suffers from floods from bad weather there. And so we support them in a way by providing food packages. We had at one time, 45 -- 40 Fountain Hills students that traveled to Ataco to rebuild the homes. It was a really wonderful experience for these students to experience Ataco. And then we supported Zamosc for the Ukraine refugees that they took in at the time. We do international cultural events. Like I said, we're passionate about the international aspect. We do Oktoberfest. I hope all of you attended it this year. The Polish have a great Polish festival with 10,000 attendees. We did the Oktoberfest, the October Heritage Month, which is October for Hispanic Poland and Germany. Managing these sister cities' relationships fosters tourism for Fountain Hills. Of course, the word gets out how beautiful Fountain Hills is and that drives more -- visitors to see what it's -- like here. Many European visitors are here because they'll stop by on the way to the Grand Canyon. Our website, one, the number two in the State, which is a real accomplishment because we have so many -- others. And also we won two awards as the -- best Fountain Hills, the best sister cities in 2009 and 2012. And that was granted by Sister Cities International for population under 25,000. Passion among our board members. The lives we touch worldwide, as I mentioned, and the memories we share have a lifelong impact. The involvement of our ambassador hope for the better future is an investment in our youth. We reach out to them. We offer scholarships, sponsorships to international youth leadership summits. This is a very exclusive summit, and we will be sending our third member this spring. And the two that have been have embarked on a successful career as a result of having been there; and in our funding resources, our membership we are a recipient of the professional services agreement with the town, and we thank you for that. We do event sponsorships to earn funds and we sell event tickets. A hunt is on for our next sister city. We have targeted Italy and that is quite active, but it is a long process in finding a right partnership in that area. But we will keep you Meeting Packet Page 84 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 8 of 45 informed. Any questions? MAYOR FRIEDEL: Thank you. CAWLEY: Thank you for the opportunity. MAYOR FRIEDEL: Rachael, our next presentation? GOODWIN: Yes. Our next presentation is from our MCSO captain, Captain Thomas, giving us, sharing with us his quarterly update. THOMAS: I might need some technical support. I'm not seeing it on here. Yes. Right here. This one. Thank you. All right. Mayor, town manager, council, I appreciate the chance to come up and speak in front of you guys, because every time I'm coming up here, I'm speaking on behalf of the men and women that wear this uniform and go out there and perform the public service to the community of Fountain Hills on a daily basis. And -- and they really do an exceptional job. I have a couple of those members, Tanner (ph.) and Justin (ph.), back there that are working with me today that are instrumental in a lot of the things that I do get to come up here and brag about. Before I get into that, I just wanted to go off topic real quickly and just say that when I first came to Fountain Hills and the commander position, I was introduced to Bob Burns, and he was just such a pleasant person to deal with, talk to. He provided me some background information on the town, how it operates, and the people that are involved and -- about what I would experience stepping into this role. And he was just such a genuine and good person. And in many people's lives and careers, they're really lucky if they ever make it 20 years to finish off a career for -- so 37 is amazing and I for one, appreciate your time, Bob, and your -- help that you gave me. So thank you. I'm going to be brief with this one. I think I spoke previously about a three-year comparative that I'm working on, which I plan on delivering the next quarterly MCSO briefing to you guys. So I have analysts putting that together. And if you guys remember the one from '22 and '23, it basically took Glendale, Scottsdale, Fountain Hills and did a comparison on what they see from a public safety standpoint and where -- those similarities and differences really shined a light on how safe this community is. And so I'm doing a new one since it's been enough time to put a three-year comparative Meeting Packet Page 85 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 9 of 45 down. So -- that'll be coming. In the interim here for this quarterly update, I just wanted to point out a couple of data points that kind of show where we're at. So the chart that we have up here is one of our information systems. And one of the things I'll say as we look at these numbers is to understand that sometimes the boundaries around Fountain Hills get a little bit blurry with our CAD system and everything. So sometimes these numbers might reflect stuff that's technically outside of the city limits of Fountain Hills. This is basically a breakdown of our calls for service, our top 20 radio codes, and what -- we -- these -- men and women that go out there and patrol the streets daily, what they are dealing with. As you can see here if you look at that far right category, those are the ones that really produce reports. And -- -- really go to our summaries that we put out on what the newspaper puts out, what we see trend-wise. The big point on that, I would just say is you'll see the top ones are vehicle crashes, some criminal damage, some assaults, whether that's mutual fights and stuff like that. And those numbers are not big at all. But in the middle description, you'll see the radio code descriptions and that middle one, it'll start off with vacation patrol watch. But that community policing one is what I want to focus in on for a minute there, because that's showing a significant increase over past quarters because we partnered with the mayor on his visibility initiative, on getting our people out there in the community with the businesses, listening to what the concerns are and how we can intervene and hopefully solve some of these quality of life problems, as long -- as well as the public safety stuff we deal with on a regular basis. And that's a few sections down from that community policing area. You'll see the follow up. And to me, as the commander of the division, that tells me that these guys are actually going out there after the fact, after these things happen, and taking second and third looks, trying to resolve issues. Just because it was interesting, I put up here this bar graph that shows where our calls for service events really fall upon. And I thought it was interesting that, you know, Friday, Saturday, and Sunday as you see down here, we don't have near as many Meeting Packet Page 86 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 10 of 45 incidents as we do Tuesday, Wednesday and Thursday. I don't understand why the middle of the week is -- the busiest. And this next infographic, it's going to be just more of me showing some of the feedback we get from the community on whether it's speeding issues, red light runners --, just basically wanting patrol in some certain areas to help resolve those issues. It's the warnings and citations. What you see there is them going out and using both education and enforcement as tools to help drive those things to improve. Now this is -- you've heard me talk about Squad 5 before, and this goes back to when I first came into Fountain Hills working with the mayor on the visibility initiative, getting that more community-focused approach to our patrol deputies. Since that's happened and -- you can see here, Lieutenant Jerry Vance is the commander that we put over that unit to kind of help drive the direction, set the standard, and make sure we're -- following through with what we need. You'll see a 20 percent increase in our calls for service from last quarter that Squad 5 dealt with, who were mainly focused on community-oriented policing issues. And that second section that says 20 percent increase in on view traffic is what that means. That means these guys are out there and gals are out there looking around, driving the neighborhoods, checking the businesses, interacting with people, looking for ways to be resources for the community, as well as be a deterrent to crime, both visually and with their investigation and follow-up actions. And the 20 or the 277 percent community policing actions, so that's basically all of our things we check out on whether we're meeting with the -- corporation commission meetings, whether we go to something like Toastmasters and sit in and talk to people, or going to door to door to some of these strip mall areas that have businesses and -- updating trespass orders or getting feedback for issues that they're -- -- experiencing. That's what that -- increase really represents is those guys taking a proactive approach and diving in and getting into the community. And the important part on this, I won't go into much on this, but if you guys can see my cursor, I'm sorry that the definition is not that great, but we did a third quarter 2024 to a Meeting Packet Page 87 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 11 of 45 third quarter 2025 comparison. And what you'll see here is in 2024, this total calls for service for this -- unit -- for this time frame moved up drastically. So that's if you can't see it, that's 16,000 over here. And this is 6,300 over here. Over the difference of one year by taking your initiative and our drive for that community engagement and really making it the core of what these guys are going out and doing, and they take the reins and they just take off with it and get that -- engagement. And what I'm seeing on the back end is a lot of follow up from business owners and community coming up and telling me about their interactions with these guys and -- addressing these problems. As we're coming up on the holidays, I'll leave with this. The e-bikes, electric scooters and stuff like that are still just like in previous years, a big present item. MCSO through our school resource officer and the Fountain Hills School District have partnered up and put out information to educate at the school level and ultimately in the community the -- information needed for e-bikes. And we'll we got pamphlets like this out at our lobby. We're sharing them with the school, and our deputies will have them too. So if they have the chance to have these conversations out there just in the public, they'll do it. But the big thing on this is that hopefully parents, through this -- what the school is implementing and through dealing with us, they can understand there's a difference in these e-bikes because there's classifications and something that you think is a little motor to help somebody get -- around is much different than what we're seeing out there and what's becoming a problematic safety wise and just quality of life, you know, neighborhood issues wise. Because you got a lot of people that don't understand that you need to be 16, have a driver's license for a lot of these, depending on the class. And -- the parents may unwittingly be setting their kids up for issues legally by getting out there on the road with the vehicle that they're probably not handling able to handle and not legally allowed to. So with that, I'll be glad to answer any questions. MAYOR FRIEDEL: Councilperson? KALIVIANAKIS: Thank you, Mr. Mayor. Yeah. I just want to tell you, I think we all feel in our community safe and taken care of because of MCSO under your leadership, and we appreciate it. Doing a -- just a great job. And I think everybody in this room can come to Meeting Packet Page 88 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 12 of 45 an agreement on that. The one thing we did have somebody brandish a weapon at the Skybox the other day and is there any resolution? Was there an apprehension of the perpetrator perhaps? THOMAS: Yes, ma'am. Yes, ma'am. An arrest was made. KALIVIANAKIS: Thank you. MAYOR FRIEDEL: Captain, I'll just make a comment. Your community policing efforts are really taking root in the town, and I hear a lot of positive things about it. And then to see the data backing it up. So that's a huge improvement from where we were. So we really appreciate that in the town. I know a lot of residents do as well. And -- so do the commercial businesses as well. So thank you for your efforts on that. THOMAS: Thank you. MAYOR FRIEDEL: Thank you. Rachael, before we call up the next speaker, I just want to make a comment about these -- different presentations. Christine Cawley gave us a presentation on sister cities. It's important to know what they do, why they do it, how they do it. We don't see them on a regular basis. So that's why it's important for you to come in. And we appreciate your time doing that. So thank you for that. And the same with the captain. We don't see you. But you know, we hear about it once a quarter or what's in the paper. But again, to see those facts and figures behind what you're doing is really a stark improvement. So we appreciate that. Thank you both. And with that, we'll have our next presentation. Rachael? GOODWIN: Yes, thank you, mayor. And you make a good point. This is a chance for you guys to sort of have a little bit more hands-on conversation because, again, a lot of this gets passed on either through reports or updates from me or you know, updates through the media or whatnot. So this -- is a chance for you to kind of have that interaction. Speaking of the next couple of updates -- the next two presentations are updates regarding our capital improvement projects. Again, these are projects that were talked about and discussed and approved as part of our budget. We are about halfway through our budget year, not quite. So both Kevin and Justin will be giving updates as to where we're at with the variety of projects. So with that, I'll turn it over to Meeting Packet Page 89 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 13 of 45 you, Director Snipes. SNIPES: Thank you. Mayor, Council, as Rachael was saying, we are about halfway through our year, so we'll get started with showing you where we're at so far. The first project here is the Golden Eagle playground replacement, which is just the areas that are underneath the shade canopy. And this is a continuation, kind of, of the original replacement that we did. We didn't have the funding to do the entire park when we did it originally. And so this year we were able to get that finished up and it came out really nice. Added a lot of new features over there for our kids to be able to use, and it has been actively being used since we completed it about a few months ago. So it's going really well. Our next one here is our Avenue Linear Park improvements. This is year two of three. We got completed the shade installation, which has been being used heavily during our farmers' market, especially, and throughout the week for people to find some shade and picnic tables to be able to sit at and enjoy lunch or dinner out on the Avenue. We also were able to get the rest of the event receptacles installed. They went for their first test drive here with our fair that we had here a couple weeks ago, and we had zero issues for the first time since I've been here. I got zero calls about needing to come out, not having power or having this issue or that issue. I call that a success. I don't care how you look at it, that -- was great for us. And they look really good. We've gotten lots of compliments on how they -- look, as well as how they function. So that was -- a project that I think was far overdue to make the Avenue look better. Our next here is we're just completing design work on Pleasantville Park. We do have the designs completed. I just put a couple of images in here so you can kind of see the -- general look and layout of the park. There will be -- we were really cautious about headlights on this project because we're wanting it to be able to be a stargazing park. And so we just got these back about a week ago. We're still going through this set to do our final impressions on it, and then we'll be ready to move forward on this one. Here's kind of an image of that center area where we're setting up to be our darkest location out there, where we'll be able to do some stargazing within this -- the big Meeting Packet Page 90 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 14 of 45 center circle -- circular area. And we'll be moving forward on this as soon as we get done going through our side of the plans and getting back to make sure that we're all good before we put it out to bid. GOODWIN: Kevin, can I interject? I wanted to say that I know you've been working with representatives from the Dark Sky, including Vicki (ph.) and Ted (ph.), I think -- SNIPES: Uh-huh. GOODWIN: -- and I know that that has been obviously, we wanted to make sure that this park functioned the way we envisioned it and having their help and their partnership has been a big part of that. So thank you for taking that time to -- do that and work through that with them. SNIPES: Yeah, we -- we've certainly we started out early with it. I have not had a chance to go over this final set with them, but they've been actively involved along the way of the design of the park. Here's our community center fans and lighting that we did this year. This was part of a bigger project that started last year. Off to the left there you can see the old lights. They weren't in the greatest of shape, to say the least. They definitely needed to be updated. And the new lights and the fans and the blinds and the dividers have made a huge difference in the functionality of the community center. Over the summer, I got zero complaints about a hot lobby. That's the first time that's happened. The motorized blinds did a great job in helping that out. And the fans just moving the air around in the room has made it so we have so much more control of that area. And so I know that all of our staff and our users are thankful for that. So thank you guys for -- being supportive of that project. GOODWIN: Kevin, I'm going to jump in there. And unless you saw the update that we just got a few minutes ago to about that part of this project, one of the highlights, and this was not necessarily the intention, but it's been a great additional, is that by doing these upgrades, we were able to qualify for a rebate through SRP. SNIPES: I didn't see it came in. GOODWIN: Yes. No. Meeting Packet Page 91 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 15 of 45 SNIPES: It's hot off the press. GOODWIN: It is hot off the presses. It is an update, but it's just a bit over 100,000 that we'll be doing, getting a rebate back for. So this is a smart investment on many levels. SNIPES: We're -- GOODWIN: So thanks to Paul and the finance team for helping get that done too. SNIPES: Yes, Paul has been working on that for the last month and a half or so. We've been sharing information and trying to figure out where we can get rebates. And so this number now is going to be further under budget. So let's call that a win. We had to work really hard to -- keep this within budget and we had some -- great support from our vendors and our electricians that did the installs for us as well as we had a lot of help from our staff from the public works side that came over and helped us out with getting power where we needed it and doing the things that we could in-house to help make this a project that was a win-win for everyone. So that's great news. Thanks, Rach, for sharing that. These are the projects that we're still working on. For the splash pad, shade lighting. We -- met with vendors last week and started talking about best ways to light and our electricians. So -- we're working on best type of lighting to use over there. We did the same thing with the Centennial pavilion shade lighting. We're pretty close to being ready to -- place the order for the lights over there. And again, it's one that we're extremely cautious of The Discovery Center being right next door. I'm hoping that within this budget, I can expand it out to redo the shoe box lighting that are around the edges as well. I'm waiting on a quote to come back from that right now, where they can just do a retrofit for the lights that are out there. We've been working with a company that does a lot of retrofitting, and I've been really impressed with the quality of lights and their willingness to come out and take a look at -- even our bollard lights around the fountain. We have one out there right now that we're testing, and so far it's --working very well, and we think it's going to be a really good solution to, moving forward, to help make that more Dark Sky compliant than -- what it was when they were originally installed. And we have had our Dark Sky group went out and did some light testing on Meeting Packet Page 92 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 16 of 45 it, and the light test came back really positive. So they were very happy about it as well. So you'll hear more about that as we move through budget season. The Desert Vista dog park. We're still in process of -- getting things scheduled to -- to come in and make some improvements in there. Same with our -- two pump houses. We haven't met with anyone yet. Go ahead. MAYOR FRIEDEL: Can I ask you a quick question on Desert Vista? SNIPES: Uh-huh. MAYOR FRIEDEL: We've gotten a lot -- some questions on the dog park. When do you expect that to start? Do you have any idea? SNIPES: So we've been going through a lot of staffing issues here in the past, so it certainly put us behind where we want to be at this time. But that's something that we'll will be starting on in short order at the first of the year. And the final is the Fountain Park remodel replacements. We've been talking to some shade vendors and some demo vendors to where that we can work on getting three of these done this year. And that's something that will be coming down the pike as well. With that, I'll take any questions. MAYOR FRIEDEL: Councilwoman Earle? EARLE: Thank you, Gerry -- Mayor. Sorry. You might not know the answer to this, but how many shade structures do we have now? SNIPES: What? EARLE: How many shades -- SNIPES: We have a whole lot of different types. EARLE: Okay. SNIPES: So I don't know exactly what you're. EARLE: Well, I guess my -- SNIPES: As far as ramadas or cloth type shade or metal or -- EARLE: The canvas shade structures. Do we have a lot of those? SNIPES: We have -- EARLE: Okay. So you don't I guess the number doesn't matter that much. But my Meeting Packet Page 93 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 17 of 45 question is what is the life expectancy of them? And are we setting aside money for replacement because hopefully they don't all come due at the same time? SNIPES: Yep. So it's certainly something that we were cautious of even when we were building it. There's a substantial cost in the structure itself and a very small amount that goes to the actual -- EARLE: Just the canvas. SNIPES: -- canvas. They're -- warranted for twelve years. So we get a long life expectancy out of them when you figure that the let's go the other way and go with the ramada structures that were installed at Fountain Park in 2002 are completely rotted out, and we're replacing those. And those are probably two to three times more the cost. So you know, the -- cost of the cover isn't nearly what the cost of the structure is. And so it's -- and I did look at that early on. I can't remember off the top of my head -- EARLE: Okay. SNIPES: -- but it's a few thousand versus 100,000. EARLE: Are those ramadas that you're redoing you're not going to do those into the canvas shade structures, are you? SNIPES: No, they're still going to be (indiscernible) EARLE: And then congratulations on the SRP rebate. SNIPES: Thanks. EARLE: And I also want to say the community center is so beautiful. SNIPES: Thank you. EARLE: I like the changes and updates that you made to it. And it looks really festive right now and it's really nice. Thank you. SNIPES: Really appreciate it. We had a lot of -- a lot of staff involved in that one, including our community center staff and our -- building facility guys, and making sure that both the maintenance and the -- -- look was right. And I think it came out really good. So thank you. I'm really, really glad that that's the case. MAYOR FRIEDEL: Councilman Watts. WATTS: A couple of easy ones, Kevin. They're always easy. Meeting Packet Page 94 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 18 of 45 SNIPES: Right. WATTS: The Pleasantville, which I still think we ought to have kind of a naming contest for Pleasantville. It reminds me of Jim Carrey movies. SNIPES: Yeah, we still can. WATTS: So just saying. SNIPES: It's just what's on the docket. WATTS: I got it. So no wayfinding signs with that name on it yet? SNIPES: Right. WATTS: That's -- that's good. Okay. So I noticed that that roofing structure wasn't -- a canvas structure like some of the other ones in town. Did you intentionally match it to the Dark Sky Discovery Center so there would be some consistency? It sure looks like it was. SNIPES: Yes, then, absolutely. That's exactly what we did. No, we didn't. WATTS: Wow. How astute. SNIPES: No, it was -- just part of the design as we started walking our way through it. And I wanted it to be rustic, because that's kind of the theme that is in most of our parks where like Fountain Park, it's -- it has -- a classier feel to it than -- than your colorful, bright shade structures would whether that was metal or canvas. But that was the main reason why, was to just have it have a rustic look that we have a lot around town. WATTS: Coincidentally, it really looks nice and it kind of directs you to the Dark Sky Discovery Center. The savings that we derived from the Salt River participation -- are the movable walls retrofittable to mobilize them? I know we made them manual to begin with. SNIPES: Uh-huh. WATTS: Is there any logic to looking at the labor costs versus the amount of money that we got back? Not that I'm -- not that I'm anxious to spend all of it, but if we gained our labor costs back in two or three years, it might be worth looking into. SNIPES: Yeah. Once we -- looked into the motorization factor, we were going to lose several feet into our hallway and several feet out onto the back patio, which would have Meeting Packet Page 95 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 19 of 45 been a huge cost to that that wasn't recognized by the vendor when we first started looking into it. So doing it would -- not be nearly as cheap as what we were originally thinking. And even that was 100,000, I think, more or something like that. So I don't think it would be practical for us to go that route. WATTS: Right. Thanks. SNIPES: Uh-huh. MAYOR FRIEDEL: Thank you. Good information. SNIPES: Thank you. MAYOR FRIEDEL: Rachael, we have one more. GOODWIN: We have one more on the same topic. CIP updates. These are more related to our public works programs around town. Director Weldy is going to walk us through where we're at with our -- this year's projects. Justin, you were my technical support. If you need help, I don't know. WELDY: Thank you for providing a brief distraction. Madam, Mayor and Council, this is an update to several of the projects that you are well aware of. It's going to be brief here because there's --not much change since the last time we visited about these. The biggest change is going to be this first slide right here, the Shea Boulevard widening. This segment is eastbound between Palisades and Fountain Hills Boulevard. We did open the bids on that. They were substantially lower than the engineer's estimate. There's going to be some additional conversation about this tonight because it's an agenda item during the regular agenda. This is the Palomino Boulevard pavement reconstruction. There was also a substantial decrease in the anticipated funding for this. We had originally estimated that it would be close to $6 million, but as you can see, we're substantially below that at just over 3 million for the pavement. We will have additional information related to not only the Palomino project, but the Shea Project and their schedules in early 2026. This is a multiyear project for those of you that motor around the town or move about the town, regardless of your mode of transportation. You know that public safety, not only does the mayor and council take it seriously, but so does the town manager and Meeting Packet Page 96 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 20 of 45 staff. We have installed several marked crosswalks. We have also included the associated ramps, and the safe havens in the middle of raised medians where appropriate and necessary. This is the one adjacent to the high school on Golden Eagle Boulevard that comes off of Brittlebush. These are some of the newer ones down on La Montana between Saguaro and Palisades. This is just an additional look at those from a different angle. This is the one closest to Saguaro, but this one also right here depicts some of our sidewalk gap elimination. This is on La Montana North side. This is a section that we did where we had a little gap down on Hamilton. There has been no substantial movement in this project outside of paying for some funding for some minor work that was done on some guardrail in the beginning of this fiscal year. We do anticipate, however, utilizing the balance of this funding to make the necessary improvements and repairs to a couple of sections on Palisades. Wayfinding, which is a multi-year, nearly a decade now, so we are in the final phase of this section, which is installing the signs. We have discovered some challenges along the way. In the coming council meetings, staff will be returning to this council to ask for some additional funding. The funding that we will be asking for is unspent funding from last fiscal year. While that doesn't make a difference because it wasn't budgeted in this year, it's a relatively small amount. We'll have more about that in our ask to the council later on possibly in December, most likely in January. This is phase 2 of the Golden Eagle impoundment. This phase primarily addresses the impoundment right in front of the face of the dam, and it also addresses the trash racks that prevent large debris from entering the dam and clogging it up and creating backflow onto the fields. This is still being reviewed by ADEQ and the Maricopa County Flood Control District. Their reviews oftentimes can take months. This is an update to a project that we shared with you earlier this fiscal year. This is an area down on Wendover Court where we had a very narrow dirt channel that was Meeting Packet Page 97 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 21 of 45 overgrown with trees and shrubs, where we had water that overtopped the area and entered onto private property and into private homes. This is an in-house design that was completed and built this year. Fortunate for us, we were able to test some of these drainage structures recently thanks to Mother Nature. I would like to note that this one here performed as designed, as did the Golden Eagle impoundment. On a side note for this one, when the flow is relatively heavy, it sounds like a musical instrument. Now, that wasn't intended, but as I listened to it there and I watched the video again, I ask others, does it sound like there's a musical instrument playing? And they agreed. So this -- one is a benefit. We would like to thank you for this funding, not only for this project, but the other drainage projects. Oftentimes, we have to wait a considerable amount of time to test them, and we've had that opportunity. This is the chiller replacement. We've had numerous discussions about this over time, including an update reminding the council that the parts were stuck overseas and we were unable to complete it last year. The majority of the mechanical and or some of the smaller pieces have been completed, but it's currently scheduled for next week for the lion's share of it to be done. This is the downtown streetscape. This is concentrating on Verde River between Avenue of the Fountains and Palisades and Parkview between Saguaro and La Montana. The -- there was a presentation to the council late last month for the 15 percent design concept. We have now moved on. We've spent the grant funding and we are moving on to town funding. We were engaging Kimley-Horn and Associates to continue to design this project. Brief -- any questions related to any of those projects that I might be able to answer? It's awfully quiet. MAYOR FRIEDEL: Thank you for the update. I just want to make a comment though about the chiller area. Boy is that clean in there. WELDY: Thank you for the compliment, sir. I'll let the staff know. MAYOR FRIEDEL: Let them know. Thank you. Okay. We'll move on to our consent agenda. LARRABEE: Motion to approve consent agenda. Meeting Packet Page 98 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 22 of 45 EARLE: Second. MAYOR FRIEDEL: A motion and a second. Can I get a roll call, please? BENDER: Councilmember Earle? EARLE: Aye. BENDER: Councilmember Larrabee? LARRABEE: Aye. BENDER: Councilmember McMahon? MCMAHON: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember Watts? WATTS: Aye. BENDER: Vice -- mayor Skillicorn? SKILLICORN: Aye. BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, 7-0. MAYOR FRIEDEL: Thank you. We'll move on to our first regular agenda item, which is consideration for proceeding with the construction of Shea Boulevard widening project. Rachael? GOODWIN: As Director Weldy just kind of gave you a preview, the Shea Boulevard project is moving forward slowly but surely. They just opened bids a couple weeks ago to -- our delight and our excitement they came in below what we were expecting and we had a number of more bidders than we traditionally do on a project like this, so that was great to see as well. But there are a couple of caveats that go along with this conversation. I believe Director Weldy and our street superintendent Jeff Pierce are here tonight to kind of walk through next steps and seek your direction. All right. This is our street superintendent, Jeff Pierce. Jeff has not joined us before in the meetings, but he's going to be helping with these projects. So he's going to give you Meeting Packet Page 99 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 23 of 45 a rundown of where we're at on Shea Boulevard. PIERCE: Thank you. GOODWIN: Thanks, Jeff. PIERCE: It's been quite some time. I think the last time we're the only time was for the LED stop signs. Thank you. Thank you, Mayor, Vice Mayor and Councilmembers. I stand here before you tonight looking for approval for proceeding with the construction of Shea Boulevard widening and the necessary budget transfers to go along with it. The background on this looks like it's about $3 million was budgeted for the fiscal year '26 budget for this project. This project, as shown on the slide earlier, takes place between eastbound Shea between Palisades Boulevard and Fountain Hills Boulevard. In a partnership with MAG we went out for bids for this project. We had several back, ranging from 3 million and change all the way up to $9 million. A bid was selected. Contractor was also selected as well. Preliminary -- preliminary meetings have been held with that contractor basically talking about and discussing concerns involving traffic control. That's about as far as we've gone with them bringing up issues and concerns with that. Both the public works director and the town engineer were in that to discuss that. Moving forward with this project, we do have a shortfall of budget that we need to request to complete this phase 1 project. It looks like in order to complete this with the bid that was submitted and some other constructional services roughly around $525,000 will be needed to complete this first phase of the project. We are looking tonight for the budget authority and transfer for this and the approval for this budget to start. Once we start or get the approval for this, more meetings will be held with the selected contractor, further schedules and timelines will also be discussed at that time and brought forth to you as public works director stated in early 2026. Any questions? MAYOR FRIEDEL: Councilwoman Earle? EARLE: Thank you, Mayor. My understanding is that later down the road we have in our packet here the proposition 479, we may be able to get reimbursement for the Meeting Packet Page 100 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 24 of 45 remainder of the -- our expense on this, is that correct? PIERCE: Correct. There was a letter attached to this staff report that was sent to Town Manager Goodwin, stating that MAG has reviewed that and there is a portion of that that will be able to be refunded. The only caveat to that is that we won't be able to see that until about 2030. EARLE: Not too far off. Thank you. PIERCE: Welcome. MAYOR FRIEDEL: Councilman Watts? WATTS: Was -- the contractor that was awarded the successful -- bidder is it a local contractor or in state or out of state? PIERCE: It's an in-state contractor. WATTS: In-state contractor? PIERCE: Yes, sir. WATTS: And no adds or change orders anticipated at this point? PIERCE: At this point, not to my knowledge, no. WATTS: Thanks. MAYOR FRIEDEL: Vice Mayor? SKILLICORN: Thank you, Mr. Mayor. I'm going to be a broken record because I know Director Weldy knows this is I complain about this particular project is that this really isn't for Fountain Hills residents. This is for people that live in the valley that since it's eastbound, basically, it's Friday mornings in the summertime when people are trying to get up north into the cooler weather. And I've always thought it was not fair for Fountain Hills residents to have to pay for 30 percent of this. So that's going to be why I do not support it. And I also -- it concerns me about the $200,000 shortfall. Again, this is valley residents that are taking really taking advantage of people of Fountain Hills. So that's something that I just renew that objection. And you know, again, it's also an opportunity and I know Director Weldy knows this, is that you know, there needs to be engineering solutions for the intersection of Shea Boulevard and Palisades. And we -- we recently had a very serious accident there because of the -- because of the Meeting Packet Page 101 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 25 of 45 engineering problems with that intersection. And I know that that is also on the future roadmap that's going to happen, but personally, I think that those engineering solutions should take priority than making it easier for valley residents to get to Payson. Thanks. MAYOR FRIEDEL: Councilperson McMahon? MCMAHON: Thank you very much for your presentation. I appreciate it. If you don't mind, I'm going to ask for clarification. PIERCE: Yes, ma'am. MCMAHON: It says down on page 2 that the shortfall is 197,491.67. So right now, though, we're asking for 523, but MAG is going to be paying back the within like the 197 amount? PIERCE: Correct. MCMAHON: Okay. So we're not -- so we're not spending -- it's just because right now, we need the money to start and do the project and due to the difference in the management of the new proposition and money there we have a shortfall. However, that money is going to come back to us, all but 197,000? PIERCE: Yeah -- MCMAHON: Yes, no, maybe so? PIERCE: Kind of. Mayor and Council, basically MAG is going to cover 70 percent of it, but -- MCMAHON: Right. PIERCE: -- there's only a certain allocation available. It's in your agenda item at 2.26 million. MCMAHON: Uh-huh. PIERCE: So if there is a shortfall, there may be up to $200,000. MCMAHON: Okay. PIERCE: We have to cover that up front and they would reimburse us in 2030. MCMAHON: Okay. Thank you very much. I just wanted clarification. PIERCE: And sorry -- MCMAHON: That's okay. Meeting Packet Page 102 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 26 of 45 PIERCE: -- our town share is mostly paid from impact fees. We have about $1 million saved up of streets' impact fees, and most of the money that we're paying will be from impact fees (indiscernible) MCMAHON: Right. Thank you. MAYOR FRIEDEL: Councilwoman Earle? EARLE: I would like to move to approve --. MCMAHON: Second. EARLE: Oh, sorry. MAYOR FRIEDEL: Can I check for comment cards first? EARLE: Yes. Sorry. MAYOR FRIEDEL: Do we have any comment cards on this one? BENDER: No, Mayor. MAYOR FRIEDEL: Okay. Go ahead. EARLE: Okay. I'll go again. I move to approve proceeding with construction of the current phase of the Shea Boulevard widening and necessary budget transfers. MCMAHON: Second. MAYOR FRIEDEL: We have a motion and a second. Can we get a roll call vote, please? BENDER: Councilmember Earle? EARLE: Aye. BENDER: Councilmember Larrabee? LARRABEE: Aye. BENDER: Councilmember Kalivianakis? KALIVIANAKIS: Aye. BENDER: Councilmember McMahon? MCMAHON: Aye. BENDER: Councilmember Watts? WATTS: Aye. BENDER: Vice Mayor Skillicorn? SKILLICORN: No. Meeting Packet Page 103 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 27 of 45 BENDER: And Mayor Friedel? MAYOR FRIEDEL: Aye. BENDER: Mayor, 6-1. MAYOR FRIEDEL: Thank you. GOODWIN: Thanks, Jeff. Good job. MAYOR FRIEDEL: Thank you. Then we'll move on to regular agenda item B, possible discussion and possible action relating to selling town-owned parcels not related to washes. GOODWIN: Correct. I had a lot of calls about this one, a lot of questions. So I'd like to give a little bit of a background on this. This item is actually at the mayor's initiative. He has had some conversations with myself as well as staff about town-owned parcels specifically. And we've been going through there are some that are connected to washes and have associated restrictions, and there are other parcels that do not. And the conversation was, are we able to sell them? How does that work? So this is coming before you for discussion only tonight. There has not been a lot of work done by staff at this point until we understand what the council's direction is. Director Weldy has prepared a couple of sample items. This is not representative of all of the whole town or all of the parcels, but we wanted to go ahead and at least give you some elements to begin the discussion. But with that, mayor, would you like to take it from there? MAYOR FRIEDEL: Yes. So my thought process behind this was if we're sitting on vacant parcels that we're not using and we don't have a use for in the future, why not find a way to sell those parcels and help fund road repairs? We've got a lake liner that's got to be replaced at some point, too. So if we've got several million dollars' worth of property sitting there that we're not using and it's not productive for us, why not put that into our roads that we need, that we drive on every single day? And we've got a lake liner that's facing us with a big -- bill on that too. So my thought is to get some direction from this council to proceed with some of the bigger parcels that might have some value to them that we're not doing anything with, and see what -- we've got, and then have staff spend a little time on this to see where we are and what we've got in our inventory. Meeting Packet Page 104 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 28 of 45 Councilman Watts? WATTS: I think Councilwoman McMahon was before me. MAYOR FRIEDEL: Councilwoman McMahon? MCMAHON: Thank you. Justin, the properties that we're talking about, are there any of them designated for parks or anything like that that will affect future build out of parks and community? And also, another question. I don't know if you can answer this because this is just for discussion. And it's probably going to be part of our discussion, is that if and when -- if and when properties sell, I'd like council to consider that some -- of that money, if not half or whatever, goes to the lake liner depending upon the value of what sells, et cetera and the -- reality of being able to do that. So because it would reduce the bond or whatever we're going to need to get. But anyway, could you please address my question about parks? Thank you. WELDY: Mr. Mayor, councilmembers, so I'll be able to address the first part of that. Obviously, the second part is a decision by the elected body. In my staff report, I discovered an error late this afternoon while I was rereading it. I did note in there that none of the properties include the properties shown on the Parks and Rec's master plan I errored there. There is one piece of property that was designated to be a park, where there is clearly not going to be one right now, on the corner of SunRidge Canyon and Desert Canyon there. So the balance of the properties that we will be describing and looking at tonight, and, if so, the future are not associated with any of those properties shown in the Parks and Rec master plan. MCMAHON: Okay. And then also if and when any of these properties sell, you're going to have to look at the zoning, see what can be done with them. You know, like development wise, traffic studies and all that kind of stuff, right, depending upon the purchaser and what that entity or person wants to do with them, correct? WELDY: To some extent, Councilmember. So prior to offering any piece of property up for sale, Public Works Department will work with development services to ensure that the appropriate zoning is applied prior to it being placed up for sale. If there is anything that requires a zoning change, that comes to this body to make that decision. In regards Meeting Packet Page 105 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 29 of 45 to traffic impact analysis related to some of them, it's not likely the majority will do that. The reason for that is we are primarily looking at a series of single-family home lots and or a lot big enough for townhomes. There are some much larger parcels out there, but we'll have to look at that and discuss access, floodplain, and several other issues. And again, just some examples is what we're discussing tonight. MCMAHON: Right. Okay. And thank you. And this is a pretty long process. It's not just something that's going to be done in the next month, et cetera, and it will be brought back to council frequently probably, yeah? WELDY: If a decision is made tonight to move forward -- MCMAHON: Uh-huh. WELDY: -- we will bring it to the council in pieces. MCMAHON: Okay. WELDY: And ask for permission to sell it. And then as part of that we will also have a survey and an appraisal done on them. MCMAHON: Uh-huh. Okay. And also as part of the discussion, you know, I'd like to address each parcel where it is. So we have a clear understanding of what it is, what the town is giving up, and that, you know, that won't have an adverse effect on the town and its assets and things like that too. Okay. Thank you. WELDY: And to further your and to actually answer your question, we're looking at 12- plus months. If it was the only thing that we had to do, it might take less time. But it's just one of several things that we will be working on during that time frame. MCMAHON: Thank you, Mr. Weldy. WELDY: You're welcome. MAYOR FRIEDEL: Vice Mayor. SKILLICORN: I don't think I was next. Doesn't matter. Well, Mr. Mayor, and Director Weldy, I guess some of this is related to a little bit the aspect, the Ashbrook, that's what four or five different plots there -- four different lots, I see and those would be zoned residential, correct? WELDY: Mr. Mayor, Vice Mayor, correct. They would be zoned appropriately for that Meeting Packet Page 106 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 30 of 45 location. So whatever the zoning is for the remainder of them, that's what it would be. SKILLICORN: And Mr. Mayor, Director, is that currently what the zoning is or is there -- they're not zoned? WELDY: It's zoned for, I think, it's single family or condos. The designation I'm not certain of, because I don't deal with that much zoning, but we can get clarification from Director Wesley -- SKILLICORN: Okay. WELDY: -- if necessary. SKILLICORN: And then, Mr. Mayor, I don't know, director, if you remember this, the SunRidge one -- is that the parcel that there was the parks had planned like a pathway there that the community -- WELDY: Yes. SKILLICORN: -- did not want? WELDY: That is correct. SKILLICORN: Okay. Thank you for that answer. And you know, to these issues I am going to really be on the side of more open space. I don't know if I really like the idea of having these, selling these properties and developing them. I mean, for different scenarios, for each one I'd actually like to see I'd like, you know, I can see a map here, but I, I'd like to go and like, check out the Ashbrook site. I mean, I think open space probably is desirable. It almost seems like an extension of the wash there although technically it may not. So I'd like to see that myself, but I'm probably, again, going to lean towards open space. And really the same thing with SunRidge. I mean, we had people that didn't want extra traffic there. They didn't want people parking their cars and going for hikes there. I don't think the people, the same people that were opposed to that, and a couple of them are here, would like the idea of condos or something being on that property. So I mean, I'm leaning against that, against selling these properties. I was really going to decide to open space here and maintaining as much open space as we can. But also I think that Mr. Mayor, I think Director mentioned asking for permission to sell those. Is Meeting Packet Page 107 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 31 of 45 that permission from the council or is that permission from the voters? Would that go to go on the ballot for people to vote on? GOODWIN: It's my understanding. And Jen, feel free to jump in, is that any parcel if it's owned by the town, the council would need to give that direction and approval for sale. The most recent one that I can think of is probably the old fire station. WELDY: The abandoned fire station is how I refer to it was one that we sold, and we currently have one on the market on Genoa that this body approved. GOODWIN: Yes. WELDY: If I may, for some clarification in regards to the piece of property on SunRidge and Desert Canyon, that is zoned for single family homes, and it would be identical to those across the street which the topography and the mountain range was very, very similar there. And there's a preserve behind them with some open space. SKILLICORN: Thank you, thank you. And then, Mr. Mayor, I -- think this should go to the People to vote on. I mean, if -- the council wants to sell these, I would urge the council to let it go to a vote to the people. MAYOR FRIEDEL: Councilman Watts? WATTS: Thank you. Justin, when we consider the impact fees and we were doing that schedule of costs, we projected how many parks we would need at some point in the future, that five or ten years and Paul can probably answer that, but I would ask you to make sure we consider that by selling off this land, we retain whatever that projected number was. That's first -- that's kind of a statement. Second one is I'd like to know, even though they are zoned when I'm -- looking at the Ashbrook one, there's two dwelling units on one. The other ones look like single family lots. For some reason they're zoned a little bit differently, but they're still subject to variances and having something go on. My concern there is that the adjoining lots -- and this is for the residents more than anything else. If I bought a lot and built a house and I never -- and I was told that that was preserved land and I would never have anything there, I'd be real concerned about somebody all of a sudden selling that off and putting a two-story house up. So I would ask you to consider that as well. Meeting Packet Page 108 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 32 of 45 I'm also not a supporter of selling off land until we get questions like that. And like Councilmember Skillicorn asked, to make sure that we're doing everything we can to protect what the interests are of the homeowners and more I'm leaning on the homeowner side as opposed to the town's side. I know it's a labor burden to keep washes and right of ways all clean, but I wouldn't want to be the homeowner that had a lot and you sold my lot or sold an adjoining lot off and build a two-story house. I'd be concerned. WELDY: I understand that. Mr. Mayor, Councilmember, if I may. So on average in public works, we probably get 50 calls a year demanding that construction stop on a home. And the primary reason for that is my realtor said nothing would ever be built across the canyon. So I understand that concern. In regards to whether or not someone has or has not been told that, I don't think that in public works that we have any control over that. Regarding each individual piece of land there shall be no favoritism from anybody on the staff related to that piece of land. All the same conditions that would apply to any other undeveloped piece of property, whether it's a single family or a duplex, would apply. All of them would have to go through the same process as a landowner and a future home builder and/or resident. WATTS: I understand. But my point is just making sure that we do everything we can to protect those that were told that nothing would ever be built there to obstruct their views or whatever happens to be built there. And there's always that potential for having somebody rezone it for something other than what it's stipulated at this point or anticipated at this point. So just we're not voting on it tonight. I just want to make sure that we're considering all of these things as best we can before we get to that point. WELDY: Understood. WATTS: Thank you. MAYOR FRIEDEL: Councilwoman Earle? EARLE: Thank you, Mayor. I'm glad this is just a suggestion tonight or for discussion. I do not support this. I -- think the town should hang on to its land because I -- disagree with you, I'm sorry, but I don't think we know what -- needs there will be in the future. Meeting Packet Page 109 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 33 of 45 We can't tell the future. We maybe don't need it now, but we're not in dire straits financially, so I don't see the need of selling these off. And I like having a little more open land. And if we did need something in the future and we sold off our land, we'd have to purchase that land at the going rate at that time, which may cost us more money, so -- and also the time that we will be asking the staff to put into this. So I would not be a supporter of it. Thank you. MAYOR FRIEDEL: Councilwoman Larabee. LARRABEE: Thank you, Mayor. I -- guess I take a little bit more of a middle ground approach. But I -- also do lean toward open space. I love the idea of getting some money put away for the lake liner. However, I do think, and you explained that this is a long process, so this is our first discussion about it. I'm going to have an open mind, and I personally will be considering each individual plot separately, and whether it's wise to sell that or to hold on to it for yes, the community interest, but then also, financially speaking, that's an appreciating asset in the long term, right, say for huge emergencies and then economy heals itself. Point being land is an appreciating asset. And God forbid, if we were to be in dire straits as a town, it would be helpful to have some of that land in case we are in a position where we really need to sell it. I guess what I'm trying to communicate is I'm not necessarily opposed to selling any, but I will lean toward probably selling fewer. MAYOR FRIEDEL: Are there any speaker cards on this? BENDER: Yes, Mayor, we have five cards. First card is Larry Myers, followed by Crystal Kavanaugh. MYERS: Larry Myers, resident, 44 years. Mayor, Council, staff, so I'm going to take a perspective of looking at the individual inventory of what's out there, and lean more heavily towards advocating that these parcels are assets and looking at it from a business perspective, what's the return on investment right now? Open space, I like it, I like open space. But I sit on a economic development committee with an economic development director, and all we talk about is how things would change here if we had an anchor corporate headquarters. So there are -- there is land that we don't have to Meeting Packet Page 110 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 34 of 45 grab from somebody else that the town owns. And I don't look at it as an asset for selling, because then you have to worry about selling it to whom and what will they do with it? As one of the council persons mentioned or Justin mentioned, you don't know what the next person is going to want to do with it. So I look at it as an asset that the town owns that might be a carrot to bring someone here, to be an anchor employer, to create jobs, to put kids in schools, all the things that we talk about every month in this Economic Development Committee meeting. And I know -- there's one. I don't know if there's more than one, but I think you ought to consider it from a business perspective, not necessarily a revenue producer to cover expenses that I know we're going to have, but if you look at it from a business perspective, you might get more out of it and end up with the revenue to pay for the lake liner as well, and all the other associated benefits that that would bring. So I would advocate for that, and especially for our economic development director, who's got a tough job and just trying to do it. Thanks. BENDER: Crystal Cavanaugh, Fountain Hills resident. CAVANAUGH: I'm going to speak specifically to the SunRidge Canyon one. This is the one that I think it was a couple years ago, and I do think it was zoned open space recreation. And it's at the corner of SunRidge and Desert Canyon. And at the time, it started out to just be a natural hiking trail that they were going to just put through there. But then suddenly the plan was to build a parking lot first, so then we didn't know what was going on, and then suddenly it wasn't just natural. Then they're going to add ramadas, and then they were going to add electricity. And luckily the council listened to the residents who said, we don't want this, and I am a SunRidge Canyon resident. So now that this is coming up again, my only concern is obviously my first choice is to leave it natural. It's not that big, and I don't know how much maintenance the town actually has to spend on it. It's natural. And my other thought is definitely to emphasize if ever it got sold, it would have to be single family homes. There are no condos right around that area. There are no townhomes right around that area. The only thing is the Meeting Packet Page 111 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 35 of 45 golf course maintenance shed is there, but then there's homes off of Desert Canyon. There's solitude homes, and then there's homes across the street from that. So I urge you to just leave it as open space. But if it does get rezoned, it absolutely has to be single family. Thank you. BENDER: Shelby Blecher, followed by Linda Kavanaugh. BLECHER: Mr. Mayor, Councilmembers, Shelby Blecher, one day shy of a two-year resident in Fountain Hills. I also live in SunRidge, and I go by the property at SunRidge in Desert Canyon on quite often. It's a very small parcel, and I appreciate all the comments that you made about open space and the need for hiking trails and whatnot. There is plenty in SunRidge Canyon. Our homes are not sitting on top of one another. They're very well placed out. I'm in favor of selling off that one property as long as I know that the homeowners' associations around there will build in a fashion that is similar to what's already there. Single family homes across the street, single family homes to the north of it, to the south of it, and a hole of golf below it. You can't really see it from the streets. As long as the setbacks are reasonable for public safety, for people to cross the street, because there are a lot of pedestrians that walk their dogs around there, there's a lot of bike riders around there. I don't see why that small property needs to be in the town's inventory. The rest of the properties I can't speak with, but like I said, this is my neighborhood, so thank you. KAVANAGH: Mayor, Vice Mayor, Council, Linda Kavanagh, Fountain Hills resident. I'm glad I listened to the presentation first because I say something a little bit differently right now. I'm going to agree with Councilwoman Larabee. I think you need to look at each of the parcels, and some might be in an area where you really do need to sell it, and it would fit right into the neighborhood as residential and others maybe not, maybe might be conducive to a little pocket park or something like that. So you look at each one individually and then -- you decide keeping in mind that people built their home there knowing that it was zoned residential single family. And that's -- what they would want to see if you decide to sell that piece of property. The way I see it is that, you know, when -- people buy their homes, that's the zoning is Meeting Packet Page 112 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 36 of 45 actually a promise to those people that this is what's going to be here. Whatever happens, you can be guaranteed that it's -- going to be that zoning. And I think that's only fair. The other question I have, which I didn't hear anybody touch on, was, how are you going to go about selling these? What's the process? Is it -- going to be is it going to be you put out for bid? Is it going to be real estate? I mean, I just like to know that. And that's basically all I have for comment. Hi, Rachael. GOODWIN: Hi. I don't know if I'm allowed to answer, but I'm going to just because it is a -- it is a common question. And -- Justin, I think you can chime in too. But municipally, we are bound to do it in one of two ways, which I think is we have to accept -- we have to do a bid process for it for fair market value. Or we can do an auction. So those are the two ways, again, because of limits by the State that we have to do it that way. KAVANAGH: Okay. Thank you. GOODWIN: Sure. KAVANAGH: Thank you. BENDER: Mayor, the last speaker is Kim Malborskie. MALBORSKIE: Mayor and Council, I'm Kim Malborskie, a six-year resident of Fountain Hills. I think I got up here a couple months ago and said it was going to be five. But my tax accountant pointed out to me that my math is bad, but I think my logic is still working. So I hate to disagree with the mayor because I think the mayor is a star and I'm very grateful that he is our mayor. But I also feel that this land should be kept as open space. Open space is habitat. I may not look like it, but I'm a greenie and I love all little animals that live in our neighborhood. And I know a lot of them are living up there. And I think it's important. I think it's I think it adds to the beauty and the character of the town to have as much open space as we have. That being said, if it does have to be developed, I agree it needs to be not only single-family homes, but single-family homes, as Justin said, that are in the same character and size lots and as the rest of the neighborhood. It's also -- it's surrounded by SunRidge Canyon HOA. And I am a resident of SunRidge Canyon HOA. So I believe that ideally it would be a part of our HOA that would be part of our community if that happened. But again, I'd rather have, you know, Meeting Packet Page 113 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 37 of 45 little packrats and javelinas living up there than those guys. So thank you. BENDER: That was the last speaker. MAYOR FRIEDEL: Thank you. I think I need to be clear. I don't think we're looking to have any zoning changes done on this. And we should look at each parcel -- individually. And maybe the SunRidge HOA would be interested in buying that -- corner parcel. So again, my thought was just to look at what we have, see if it makes sense and develop a plan. Like Justin said, it's going to take a year anyway to do this. So that's my thought on it anyway. We're not looking to put apartments or condos where there's single family residents. That's not what not -- not what the intent of this is. WELDY: Mr. Mayor and Councilmembers, if I may, based on some of the speakers, the town currently does not have any commercial property that would be included in this. This is primarily all single-family home and/or a duplex or townhome, and each one of those designations would depend on the existing zoning around it. There would be no changes to that. The exception would be SunRidge, Desert Canyon, changing that to the appropriate zoning, which I think the density there would generate about ten lots. Be identical to everything else that was developed in there. MAYOR FRIEDEL: Councilperson? KALIVIANAKIS: Thank you, Mr. Mayor. First off, I just want to appreciate the conversation we're having. When I first saw it on the agenda, I said, this is outside the box, thinking it makes good sense. Let's talk about this conversation. Initially, I was kind of for it, and then I'm not now. And I do agree with many of the councilmembers that spoke. It -- seems like land is an appreciating asset, and it makes us look a little desperate that we need money selling an appreciating asset. It's kind of like cashing in a life insurance policy for a new sports car. You know, after in five years, you're not going to have a life insurance policy or the sports car. So you've just sold your future. I'd like to avoid that. I also do when I look at the SunRidge Canyon and the Ashbrook, you know, it's going to -- there's going to be some rezoning and they're going to be building houses where residents didn't -- didn't expect there to be houses. And I do want to respect the zoning Meeting Packet Page 114 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 38 of 45 is a sacred bond between the town and its citizens. And if we decide to change zoning, not because a realtor said, oh, don't worry about it, but we really change the zoning. And they said, now the town did it, the people aren't going to appreciate that. So I'm glad we're having the discussion, but I don't think we should go here. And I do think we should keep the open spaces. GOODWIN: Mr. Mayor, I've heard a wide range of things tonight. What I really need to know, and what our staff needs to know is what, if any, steps does the majority want to take for this process, if -- any? MAYOR FRIEDEL: Councilwoman Earle? EARLE: No steps. Is that clear? MAYOR FRIEDE: Councilman Watts? WATTS: I think we need more information before we move forward -- and I think collecting that information -- GOODWIN: That's what I'm saying. That is staff time and resources, right. If we're going to do that, that's a step forward. WATTS: That's -- I don't think you can make a decision whether to sell or not sell or do something with it, whatever, without knowing more about what we've got today. I don't think we've got good, clear answers on where we're at today or the why. GOODWIN: I just need to know if you want the time and effort put towards putting that together. It sounds like that's a yes from you.? WATTS: For me, it's a yes. Yes. GOODWIN: Okay. MAYOR FRIEDEL: Councilwoman? LARRABEE: I'm sorry, Mayor. I'm still recovering from, I think, whiplash. The -- previous conversation, I think, was really valuable. I would like to see some -- I would like to see this return to an agenda with plots identified for us to consider. I want to stress, I do want to consider these individually and consider the surrounding community or surrounding land for those areas. Yeah, the neighbors. Again, --I'm just going to be very frank. I lean toward open space. I think I'll lean Meeting Packet Page 115 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 39 of 45 toward selling less of these. However, I do want to identify the ones that are worth selling, and I believe that some of that money going toward the lake liner -- the lake liner is not a hot rod. The lake liner is something we all know we're going to need and soon. And I want to do everything in my power to avoid a bond, to avoid asking the taxpayers to carry a burden for something that we know that we can save for. So I want to consider that balance so please understand and be patient with me, because I might be someone who lengthens this process, but I want to balance that open space with preparing for the future. MAYOR FRIEDEL: Vice Mayor? SKILLICORN: Mr. Mayor, a lot of times in the budget process, we ask for a green light, yellow light or red light? Red light. MAYOR FRIEDEL: Thank you. Councilwoman McMahon? MCMAHON: Thank you very much. I'm not going to put staff -- I don't intend to put staff on you know, having to say yay or nay right now and/or Paul for the budget, but I think what I would like is more information from your vantage point as managers of the properties, managers of the budget, et cetera, and is there a need to sell the properties? Is it something that, you know the timing on you think that it's in the best interest of the town to get rid of one or two of them? Or are you guys fine with leaving it as the status quo? And also given, you know, some of the community input, not just tonight, but before about the area on the ridge up there. Will there be any community impact, you know, hearings on this or anything like that? That's really going way above, I think, what we're talking about tonight. But I think for me, I'm leaning towards moving forward because I want more information to -- so that a more educated decision can be made about it with staff input, because I kind of feel like I'm going at it blind here a little bit. Justin looks at me like, huh? Do you understand what I'm asking? GOODWIN: I do, I think. MCMAHON: Thank you. GOODWIN: I think there's a -- balance to be struck because the depending on the level of information that's requested or expected -- Meeting Packet Page 116 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 40 of 45 MCMAHON: Right. GOODWIN: It's a significant ask on staff to pull the GIS to do -- MCMAHON: I know. GOODWIN: -- all of the different measurements. And I know the next question is going to be, well, how much do you think they're worth? That's a whole other process. MCMAHON: I know, but I guess what I'm saying is, look, you guys are know our investment portfolio. Okay. Good investors and stuff take a look at that. They balance what we have. They balance, you know, if we're making money or our assets are increasing in value, et cetera. I guess that's what I'm asking, is to take a look at our portfolio and see, is it in our best interest to possibly sell one or two or whatever lots? That's, I guess, what I'm asking. The bottom line. GOODWIN: Are you looking for that assessment now or to come back with another item -- MCMAHON: No, no, no, not right now. GOODWIN: Okay. MCMAHON: Oh, no I don't want to put you on the spot like that. I just -- I guess I'm asking -- I'm not saying you haven't considered that already, but I'm -- asking if you have and just to come back and have a conversation. Period. Okay. MAYOR FRIEDEL: Councilperson Kalivianakis? KALIVIANAKIS: Thank you, Mr. Mayor. Just -- to clarify with -- the town manager, is this something that you can spend a little time on, or is this going to be a major time sink? I ask that because in our report this is authorization to give you the go ahead is to proceed with appraisals of all the properties, valuations, identify surplus parcels, prepare for zoning adjustments, public notifications, public input. It seems like this is going to be a over a year-long project to a staff that I think has already been overworked. Did you see that as, is this something that just we could just look into it a little? Or is this a headfirst in the pool? GOODWIN: I think to that point, yes, we can have further conversation. There's nothing wrong with that. What I'm concerned with is that we won't be able to answer a lot of Meeting Packet Page 117 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 41 of 45 the -- all of the questions that have come up tonight, because those are all contingent on what you just said. I can't give you a valuation. We would need to go get it valued. We would need to go get it surveyed. A lot of those go hand in hand with a lot of the -- the logistic and logical questions that have come up tonight. There's -- -- it makes complete sense where the questions come from. And Justin can kind of speak to this is -- is he and I kind of had a meeting of the minds to say, where is it that we put the brakes on and say, we're going to save our -- our -- our time and energy until we know what you guys would like from us. Again, I've kind of thrown out you know, we have a new GIS staff person who's been here three weeks, four weeks maybe. So this would be their first major project. So there is conversation that we can have and come back with a little more detail, but I am very cautious about using staff time for something that may not be where we want to go with this. To your point, I absolutely agree each parcel has its own identity and its own characteristics and its own impact to the community. You know, the SunRidge parcel has been a topic of conversation for a lot of different things, and I really value the, you know, what that means to that community. Justin mentioned earlier we have a parcel on Genoa that is out for is it -- it is up right now? WELDY: It is out for bid. GOODWIN: It is out for bid right now, which is a parcel that we talked about with this body and staff supported. Yeah, this seems like a reasonable thing, and we have taken them one by one as interest came from a private person. But we have not initiated any of this as a staff-driven project. And I think that may go back to what you were saying. Councilmember McMahon, this isn't something the staff has come forward and said, hey, we really -- got to look at this. WELDY: Mr. Mayor and Councilmembers, if I may, and Rachael, I would suggest to streamline this and get back to the council with some definitive answers that we just focus on the building lots. These are single family lots that don't require any rezoning on Ashbrook Drive. They are attached to tonight's agenda. That is relatively uncomplicated. We've already done a little bit of work there in regards to lot size, Meeting Packet Page 118 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 42 of 45 setbacks, zoning. So that's just a small piece. We could certainly dig deeper into that, if that's a consensus and come back to you in in the spring, sometime February, March with additional information just about those. MAYOR FRIEDEL: I think that's a good suggestion. Councilwoman Larrabee? LARRABEE: Yes. I was mostly just going to echo that. I think that's a good suggestion to just start small. Let's get those on the agenda. We'll consider those, and then maybe in the future, we can consider other plots. I -- think that this is a worthwhile initiative, but I also recognize the amount of time and work that gets put into it. And as someone who has worked in GIS, please give our employee my condolences. It's a very difficult program. I love it, but very difficult. Anyway, I understand the amount of work it takes and the amount of time each individual shape you're adding to the map takes. So I want to say I'm grateful for that person and to limit their work, let's start on Ashbrook. MAYOR FRIEDEL: Councilman Watts? WATTS: I think, Justin, you said it pretty succinctly. You don't need to get into the weeds on this. You need -- you've got some information, whether it's something like looking at value of lots on Zillow or talking to a realtor, bringing it up a level. And then I want to make sure that we balance the needs of the town and the beliefs of the residents in the area and those types of impacts. So I don't think that there's a deep dive necessarily, but coming back with some general guidelines as here's what we can anticipate. Is it worthwhile? And frankly, we haven't agreed on what it is on the table for next year. Not at this point anyway. So you may not have anything to do. And this may just be filling up your plate. WELDY: And if I may, Mayor and Council, in regards to the Ashbrook location, that was actually intended to be a road that went from Ashbrook to Hamilton, across to Ashbrook wash. But the topography and the elevation change is about 30 or 40 feet, so MCO elected, and there are several of them along Ashbrook wash, where they were originally supposed to be crossover roads. They simply decided not to build. And the example that we're sharing with you tonight is one of those locations. It was intended to be a crossover road over Ashbrook wash. Meeting Packet Page 119 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 43 of 45 WATTS: And just so I'm clear on it, this is the first time we've looked at this opportunity, is that correct? WELDY: For this location, yes, sir. WATTS: Okay. Thank you. MAYOR FRIEDEL: I'd also like to remind this council that we're sitting on 40 or $50 million worth of backlogged road work and a $15 million lake liner replacement. So I'm not saying we need to sell every single parcel in this town, but you don't want to bond for either -- of those projects. We have to look at some alternatives. So I think this is a good way to start. Let's see what we've got and then we move from there. GOODWIN: Thank you for the discussion. It sounds like we'll be bringing back the Ashbrook parcel as you mentioned, Justin, and we'll take it from there. WELDY: Yes, thank you for the opportunity. MAYOR FRIEDEL: Okay. We'll move on now to council direction to the town manager. Is there anything for the town manager? Councilman Watts? WATTS: I'd like, you know, the Palisades and Shea has been intermittently problematic. Accidents, people. Every day I see people just simply roll through the sign. Is there any way that we can look at the cost of -- warning sign that midway up the hill that says crossing traffic, much like a crossing truck sign or something to that effect? That, I mean, we've got these flashing stoplights. We may as well add to the excitement by putting another flashing sign. If there was a sensor there that said there is crossing traffic or something like that. GOODWIN: Sure, let me get with staff and we can take a look at what that would be. WATTS: It may be kind of a way to mitigate it. And in lieu of doing something like that, if we own the road, and Councilman Skillicorn brought up an interesting point -- do we own the road? Does Maricopa County own it? If we own it, maybe there's other things we can do with it to generate some revenue. Toll bridges come to mind. GOODWIN: You said Palisades and Shea or did I mishear you? WATTS: Yes. Palisades and Shea. GOODWIN: That's a stoplight. Meeting Packet Page 120 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 44 of 45 WATTS: It's a no turn on red that people -- GOODWIN: Got it. The no turn. That's been a constant problem. It's been repeated time and time again on how to fix that. And it just hasn't been a doable job because of the expense, et cetera. So. MAYOR FRIEDEL: Okay. Do we have any future agenda items? Can I get a motion to adjourn? EARLE: So moved. MAYOR FRIEDEL: We have a motion. LARRABEE: Second. MAYOR FRIEDEL: All in favor? MULTIPLE SPEAKERS: Aye. MAYOR FRIEDEL: Thank you. Meeting Packet Page 121 of 307 TOWN OF FOUNTAIN HILLS DECEMBER 2, 2025 TOWN COUNCIL MEETING MINUTES Page 45 of 45 HAVING NO FURTHER BUSINESS, MAYOR GERRY M. FRIEDEL ADJOURNED THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL HELD ON DECEMBER 2, 2025, AT 7:17 P.M. APPROVED: ____________________________________ GERRY M. FRIEDEL, MAYOR ATTEST: ____________________________________ BEVELYN J. BENDER, TOWN CLERK CERTIFICATION I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF THE MINUTES OF THE REGULAR TOWN COUNCIL MEETING OF THE TOWN COUNCIL, FOUNTAIN HILLS, ARIZONA HELD ON DECEMBER 2, 2025. I FURTHER CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT. ________________________________ BEVELYN J. BENDER, TOWN CLERK Meeting Packet Page 122 of 307 ITEM 8.a. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 2/3/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Public Works / Streets Prepared by: Jeff Pierce, Streets Superintendent Staff Contact Information: Phone: 480-816-5129 Email: jpierce@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Regarding Pavement Management Options for Thistle Drive and Funding Allocation. Staff Summary (background) On December 16, 2025, staff presented alternative pavement treatment options for Richwood Avenue between Golden Eagle Boulevard and Boulder Drive. These options included use of the Town’s pilot chip seal/cape program as well as full reconstruction of the roadway. Following discussion, the Mayor and Council reviewed the alternatives, selected a preferred approach, and directed staff to use funds for a full reconstruction of Richwood Avenue. Concurrently, the Mayor and Council directed staff to also evaluate Thistle Drive, from Palisades Boulevard to just east of Mountainside Drive at the roadway terminus, for similar alternative pavement treatment options, while also preparing cost evaluation for full roadway reconstruction. Evaluation and Findings Since the last meeting, staff reached out to the paving contractor to secure a quote for the same treatment options, both a lower-cost alternative and a full roadway reconstruction as presented on Richwood Avenue. Thistle Drive Treatment Approach Lower-Cost Alternative- Chip Seal w/ Cape 1. Localized Asphalt Removal and Replacement -Approximately 400 square yards of asphalt will be removed and replaced in sections where the pavement cannot be salvaged. 2.Micro Milling -A micro mill of ½ inch to ¾ inch will be performed across the roadway surface to remove high spots, address raveling areas, and improve bonding for subsequent treatments. 3. Type III Micro Seal Scratch Course -Apply a micro-seal scratch coat to level minor surface imperfections and provide a uniform Meeting Packet Page 123 of 307 base for sealing. 4.Crack Sealing -Seal all remaining cracks to prevent water intrusion and extend pavement life. 5. Chip Seal with Cape Seal Overlay -Apply a chip seal (liquid asphalt and embedded aggregate) followed by a cape seal to provide a smooth, sealed, durable finish. -This treatment combination has proven successful in extending service life 7–10 years, depending on weather conditions. Estimated Cost Summary Component Estimated Cost Asphalt Removal/Replacement, Chip Seal w/ Cape $623,000 of which includes 15% owners allowance Concrete Repairs (curb, gutter, panels, etc.) $284,000 of which includes 15% owners allowance Total Project Cost $907,000.00 Full Reconstruction Alternative Asphalt reconstruction is the process of completely removing and replacing the full pavement structure—including the surface, base, and, when necessary, the sub-base, to create a new pavement that is equivalent to or stronger than the original. It is used to correct major structural failures or functional obsolescence and differs from resurfacing, which only treats the surface. Reconstruction is a long-term solution followed by the placement of new pavement layers to produce a durable, renewed roadway. Estimated Cost Summary Component Estimated Cost 3” AC on 5” ABC (see estimate) $1,304,000.00 Concrete Repairs (curb, gutter, panels, etc.) $284,000 of which includes 15% owners allowance Total Project Cost $1,600,000.00 Related Ordinance, Policy or Guiding Principle N/A Risk Analysis If no action is taken on Thistle Drive, pavement distress will continue to deteriorate. As pavement conditions decline, the cost of rehabilitation increases significantly. Temporary or surface-level treatments address only visible symptoms—such as cracking, potholes, and surface wear—and do not correct underlying structural deficiencies within the roadway base, drainage system, or sub-grade. Consequently, these treatments have a limited-service life and require frequent repeat applications. Over time, the cumulative cost of multiple temporary repairs often exceeds the cost of a single full reconstruction, while providing inferior long-term performance and reliability. Meeting Packet Page 124 of 307 Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommend that the Mayor and Council approve the full reconstruction option for the Thistle Drive pavement treatment as outlined above. This recommendation is consistent with Council’s direction from December 16th, 2025, to pursue a full roadway reconstruction rather than a lower-cost, temporary repair. Although full reconstruction requires a higher initial investment, it results in a lower life- cycle cost by providing a durable, long-term solution. In contrast, temporary repairs would require repeated funding allocations while only postponing inevitable pavement failure. For these reasons, staff conclude that full reconstruction is the most effective option to ensure the long-term performance, safety, and fiscal sustainability of the town’s roadway system. Suggested Motion MOVE TO APPROVE Proceeding with Pavement Management Options for Thistle Drive and Funding Allocation FISCAL IMPACT Fiscal Impact: $1,600,000.00 Budget Reference: FY 25/26 Budget for Pavement Management Program Funding Source: Streets Fund ATTACHMENTS 1. THISTLE DRIVE- CHIP SEAL WITH CAPE QUOTE 2. THISTLE DRIVE-FULL RECON QUOTE 3. THISTLE DRIVE-CONCRETE REPLACEMENT QUOTE Meeting Packet Page 125 of 307 Meeting Packet Page 126 of 307 Meeting Packet Page 127 of 307 Meeting Packet Page 128 of 307 ITEM 8.b. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 2/3/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: Phone: 480-816-5138 Email: jwesley@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Regarding a request for a CUT/FILL waiver for 16320 N. Borrego Trail to allow cut and fill in excess of 10' on portions of the property. Staff Summary (background) The owner of the property at 16320 N. Borrego Trail is preparing plans to build a new single- family home on this lot. The plans submitted for this 45,978 sq. ft. lot show a total disturbance area of 22,500 sq. ft. as allowed by the plat. The total area under roof is 6,693 sq. ft. The lot slopes up from the street with a low elevation of 2364 at the southeast corner to a high at the northwest corner of 2404, a 40' rise in elevation for an average slope across the lot of around 13%. The most significant slopes on the lot are along the south side, particularly near the southeast corner of the house where the slope is in excess of 25%. The plans for this single-story home set the building pad at an elevation of 2387'. To create the level building pad, cuts are being made to the western portion of the lot and fill in the eastern portion. This process creates two small areas of cut (shown in green) in excess of 10' on the western side, 177 and 4.5 sq. ft., and an area of 750 sq. ft. of fill (shown in red) at the southeast corner of the house. The ordinance permits an exemption of up to 5% of cut or fill under the house, the proposed fill is in excess of 10% of the area of the house. Meeting Packet Page 129 of 307 The applicant has stated their desire and need for a single-level home. This is common today, especially when viewed by the challenges older people can have navigating stairs. Staff has identified three objectives in reviewing cut and fill waiver requests. Those objectives are: 1. To reduce the visual impacts of the proposed development as viewed from the adjacent properties and right of way. Cut. The small areas of excess cut are located behind the house adjacent to the pool. Lowering the building pad to this level helps keep a lower profile for the home as it is set in the hillside. This excess cut will not be perceived by any adjacent property owners. Fill. The area of excess fill is in the front of the home and reaches a dept up to 13.5'. Two retaining walls in front of the home provide the transition that brings the property up to the building pad. Currently, there are no homes on the adjacent lots that will have a direct view of this area. The area around the retaining walls will be landscaped to reduce their impact. Meeting Packet Page 130 of 307 2. To review the measures applied by the designer to minimize the amount of cut and fill on the lot. The home has been located near the middle of the lot to allow dirt being cut from the rear of the property to be used as fill for the front. The amount of cut above 10' is minimized with the maximum cuts being less than 11' in depth. The extra amount of fill needed in the front is due to a steep slope in this area of the property. There is also a ravine on the north side of the lot. Shifting the house would create similar and maybe more significant issues. Moving the home down the hill closer to the street will reduce the ability to enjoy the views from this lot. 3. What are alternatives to the proposed plan that would conform to the cut/fill requirements? Assessing alternatives to the current design that conform to ordinance requirements would necessitate submission of design options. Review of the property by staff and in discussions with the applicant, staff finds there are significant challenges relating to the topography and the need on the part of the owner to have a single-level home. Given the various changes in slopes with the center ridge and ravines along the sides, it will be challenging to design a house comparable to others in the neighborhood that does not require some level of excess cut or fill. In addition, the homeowner's association has given their approval to the design. This shows both their support for the project as designed and the cost the owner has already incurred to advance this design. Related Ordinance, Policy or Guiding Principle Subdivision Ordinance, Article 5, Section 5.03. D Subdivision Ordinance, Article 5, Section 5.06. D Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the requested cut/fill waiver. Suggested Motion MOVE TO APPROVE a CUT/FILL waiver for 16320 N. Borrego Trail (CFW26-000002) FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. Case Details Maps Meeting Packet Page 131 of 307 Cut/Fill Waiver Vicinity Map Case Details CASE: CFW26-000002 SITE / ADDRESS: 16320 N. Borrego Ct. REQUEST: A cut/fill waiver to allow a portion of the lot to be filled a depth of more than 10’. Maximum fill height is 14’. Site Location Meeting Packet Page 132 of 307 Meeting Packet Page 133 of 307 Cut Fill Meeting Packet Page 134 of 307 Meeting Packet Page 135 of 307 Meeting Packet Page 136 of 307 Meeting Packet Page 137 of 307 Meeting Packet Page 138 of 307 Approximate location of excess fill Meeting Packet Page 139 of 307 ITEM 8.c. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 2/3/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: Phone: 480-816-5138 Email: jwesley@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Regarding a request for a CUT/FILL waiver for property located at 14050 E. Diamondback Ct. to allow fill in excess of 10' on a portion of the property. Staff Summary (background) The owner of the property at 14050 E. Diamondback Ct. is preparing plans to build a new single-family home on this lot. The plans submitted for this 58,703 sq. ft. lot show a developed area of 9,000 sq. ft. and a building footprint under roof of 6,907 sq. ft. The proposed home is located on the lot to take as much advantage as possible of the less steep portion of the lot. The area of the excess fill is on the north side of the house and is about 1,880 sq. ft. in size. The ordinance allows up to 5% exemption on the excess cut or fill which, in this case, would be 290 sq. ft. The maximum fill is a little over 15'. Meeting Packet Page 140 of 307 The portion of the lot nearest the street is a ridge line with slopes generally under 10%. From about the middle of the lot going north, the slopes begin to increase to 20% and then 30%. There is a ravine that runs along the northern portion of the lot. The home has been pushed to the south as close to the street as setbacks allow to take advantage of the flatter ground. Staff has identified three objectives in reviewing cut and fill waiver requests. Those objectives are: 1. To reduce the visual impact of the proposed development as viewed from the adjacent properties and rights of ways. The property owner to the east will have the closest view of the new home and the area which will be filled to create the level building pad. The elevation on this side of the house is proposed to use two retaining walls. The area in and around the walls will be landscaped. 2. To review the measures applied by the designer to minimize the amount of cut and fill on the lot. The designer has several options that could be used to minimize the amount of fill. One would be to lower the finish floor elevation of the home a couple of feet. This would reduce the excess fill area to a little over 1,000 sq. ft. The retaining walls on the north side would be lowered, but the ones on the south and west would be increased in height. Another option would be to have the northern portion of the house step down to follow the contours rather than building it up to a level pad. The proposed house is already a two- story home so stairs do not seem to be an issue. If the northern portion of the home were lowered by two feet, the excess fill area would be cut approximately in half and the maximum fill depth reduced to a little over 13'. While this might lower the roofline a corresponding two feet, given the slopes involved, it will result in little change to the retaining walls for this visible portion of the property. 3. To consider possible alternatives to the proposed plan that would conform to the ten- foot maximum cut or fill. As noted above, it may be possible to design the home such that the northern portion of the home steps down a couple of feet. This will not make a significant difference in the overall appearance. The home has already received approval from the HOA. Given the minimal change in the amount of fill needed, the cost of the redesign may not be worth the benefits. Related Ordinance, Policy or Guiding Principle Subdivision Ordinance, Article 5, Seciton 5.03. D Meeting Packet Page 141 of 307 Subdivision Ordinance, Article 5, Section 5.06 D Risk Analysis If this cut/fill waiver request is denied, the property owner would have to redesign the building. If it is approved, the property owner can secure a building permit tht includes fill that exceeds the maximum allowed by ordinance per the conditions of this approval. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the requested cut/fill waiver as requested. Suggested Motion MOVE TO APPROVE a CUT/FILL waiver for property located at 14050 E. Diamondback Ct. (CFW26-000001) FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. Case Details Maps Meeting Packet Page 142 of 307 Cut/Fill Waiver Vicinity Map Case Details CASE: CFW26-000001 SITE / ADDRESS: 14050 Diamondback Ct. REQUEST: A cut/fill waiver to allow a portion of the lot to be filled a depth of more than 10’. Maximum fill height is 16’. Site Location Meeting Packet Page 143 of 307 Meeting Packet Page 144 of 307 Meeting Packet Page 145 of 307 Meeting Packet Page 146 of 307 Meeting Packet Page 147 of 307 Meeting Packet Page 148 of 307 Meeting Packet Page 149 of 307 ITEM 8.d. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 2/3/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Administration Prepared by: Jennifer Wright, Town Attorney Staff Contact Information: Phone: Email: jen@timlasota.com Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2026-02, Fountain Hills Town Council Rules of Procedure Amended and Restated February 3, 2026, restoring "Call to the Public", updating Section 6, improving format, and incorporating changes requested by Council and Staff. Staff Summary (background) On November 18, 2025, based on a recommendation from the Town Attorney, the Council voted to amend the Council Rules of Procedure to, among other things, eliminate the "Call to the Public" at Council Meetings. The Town Attorney recommended eliminating "Call to the Public" in response to a Notice of Claim that was filed against the Town alleging, in part, that religious comments made during the Call to the Public violated the law. The Town Attorney recommended temporarily removing the Call to the Public to allow sufficient time to review and amend the Rules of Procedure to ensure maximum compliance with state and federal laws. At that Council meeting, Councilmembers voting in favor of amending the Rules of Procedure to remove the "Call to the Public" asked that work be done to review and amend the Rules of Procedure so that the Council could bring the issue back again and restore the "Call to the Public". At the request of Councilmember Earle, and with the consent of Mayor Friedel, a working group was formed to review the Rules of Procedure, specifically focused on restoring the "Call to the Public" and amending other sections of the Rules of Procedure, including section 6, Procedures for Conducting the Meeting. On January 20, 2026, the Council held a public Work Session to discuss the amended Rules of Procedure that had been drafted by the Town Attorney based on the working group's recommendation. The Council reviewed the proposed changes and made additional suggestions. Specifically, the amended Rules restoring "Call to the Public", placing it at the end of the agenda and limiting the maximum time allotted to 30 minutes, with no maximum on the number of potential speakers, however each speaker is limited to a maximum of three Meeting Packet Page 150 of 307 minutes. The amended Rules also requires those wishing to speak to turn in the Request to Comment Card before the meeting starts. Section 6, Procedures for Conducting the Meeting were updated and include content inspired by the City of Scottsdale 2025 Rules of Council Procedure. All of the Rules of Decorum were consolidated to Section 6, making it clear and understandable for all meeting participants. In addition, significant formatting changes were made to make the document more readable. Following the Work Session, the added requirement regarding use of professional audio and video equipment was amended to make clear that the rule applies to any attendee, not just the media, and clarified that the attendee must provide advance notice, not obtain advance approval. The purpose of the rule is to ensure that the Town is prepared to accommodate professional equipment without obstructing or displacing residents, and if necessary, seek equipment consolidation. Overall, the substantive changes made were limited to restoring "Call to the Public" and amending and clarifying procedures for conducting the meeting, including the Rules of Decorum. No significant substantive changes were made to other sections of the Rules of Procedure. To the extent that other sections of the Rules of Procedure may need updating, the Town Attorney recommends that it be done at a later date to allow more time for a comprehensive review. Related Ordinance, Policy or Guiding Principle Fountain Hills Town Council Rules of Procedure Amended and Restated November 18, 2025. Risk Analysis n/a Recommendation(s) by Board(s) or Commission(s) n/a Staff Recommendation(s) Staff recommends approving and adopting Resolution 2026-02, approving the Fountain Hills Town Council Rules of Procedure Amended and Restated February 3, 2026. Suggested Motion MOVE to approve Resolution 2026-02, approving the Fountain Hills Town Council Rules of Procedure Amended and Restated February 3, 2026. FISCAL IMPACT Fiscal Impact: None Budget Reference: n/a Funding Source: n/a ATTACHMENTS 1. Rules of Procedure, Amended and Restated February 3, 2026 - REDLINE 2. RESOLUTION NO 2026-02, Rules of Procedure, Amended and Restated February 3, 2026 Meeting Packet Page 151 of 307 1 of 38 I P a g e s Section 1. 1.1 RULES OF PROCEDURE PROCEDURES Meeting Packet Page 152 of 307 T OWN OF F OUNTAIN H ILLS C OUNCIL R ULES OF P ROCEDURE Adopted August 7, 2003 by Ordinance 03-17 Amended April 7, 2005 by Resolution 2005-30 Amended November 17, 2005 by Resolution 2005-52 Amended November 17, 2005 by Resolution 2005-63 Amended May 18, 2006 by Resolution 2006-28 Amended December 7, 2006 by Resolution 2006-47 Amended December 7, 2006 by Resolution 2006-52 Amended July 2, 2009 by Resolution 2009-29 Amended November 7, 2013 by Resolution 2013-26 Amended February 6, 2014 by Resolution 2014-09 Amended March 5, 2019 by Resolution 2019-15 Amended September 3, 2019 by Resolution 2019-46 Amended October 5, 2021 by Resolution 2021-33 Amended February 21, 2023 by Resolution 2023-05 Amended March 21, 2023 by Resolution 2023-08 Amended September 6, 2023 by Resolution 2023-30 Amended April 15, 2025 by Resolution 2025-15 Amended November 18, 2025 by Resolution 2025-42 Amended February 3, 2026 by Resolution 2026-02 TABLE OF CONTENTS Meeting Packet Page 153 of 307 ii of viii | P A G E S R U L E S O F P R O C E D U R E §1. RULES OF PROCEDURE .................................................................................. 8 1.1 PROCEDURES ........................................................................................... 8 1.2 PRESIDING OFFICER .................................................................................. 9 1.3 PARLIAMENTARIAN .................................................................................... 9 1.4 SUSPENSION OF THE RULES .................................................................... 10 1.5 MAYOR SEATING OF THE COUNCIL .......................................................... 10 1.6 VICE MAYOR ROTATION ........................................................................... 10 § 2. DEFINITIONS ............................................................................................... 12 2.1 AGENDA .................................................................................................. 12 2.2 AGENDA PACKET ....................................................................................... 3 2.3 CONSENT AGENDA .................................................................................... 3 2.4 COUNCIL ................................................................................................... 4 2.5 COUNCIL RULES ........................................................................................ 4 2.6 MEETING ................................................................................................... 5 2.7 NOTICE...................................................................................................... 5 2.8 QUORUM ................................................................................................... 5 2.9 TOWN ........................................................................................................ 6 §3. MEETINGS ...................................................................................................... 7 3.1 REGULAR MEETINGS .................................................................................. 7 A. Regular Meeting Date; Time. .................................................................... 7 B. Holidays. ................................................................................................ 8 3.2 ADJOURNED MEETINGS ............................................................................. 8 3.3 SPECIAL MEETINGS .................................................................................... 8 3.4 WORK SESSIONS ....................................................................................... 9 A. How Convened; When Convened; Notice. ................................................ 9 B. Purpose. ................................................................................................. 9 Meeting Packet Page 154 of 307 iii of viii | P A G E S R U L E S O F P R O C E D U R E 3.5 EXECUTIVE SESSIONS .............................................................................. 10 3.6 EMERGENCY MEETINGS ........................................................................... 10 3.7 MEETINGS TO BE PUBLIC ......................................................................... 10 A. Open to Public. ..................................................................................... 11 B. Public Comment. .................................................................................. 11 3.8 MINUTES OF MEETINGS ........................................................................... 11 A. Staffing. ................................................................................................ 12 B. Recordings; verbatim written minutes. ................................................... 12 C. Availability. ........................................................................................... 12 D. Executive Sessions. .............................................................................. 13 E. Approval. ................................................................................................. 14 §4. NOTICE AND AGENDA .................................................................................. 15 4.1 POSTING NOTICES ................................................................................... 15 A. Time. .................................................................................................... 15 B. Locations. ............................................................................................ 15 4.2 AGENDA PREPARATION ........................................................................... 15 A. Availability. ........................................................................................... 15 B. Submittal Process. ................................................................................ 16 C. Timelines for Submission of Items. ........................................................ 17 D. Agenda Item Submittals for Council Executive Sessions. ........................ 18 E. Agenda Packets. ...................................................................................... 19 F. Removal Requests. .................................................................................. 19 4.3 DISTRIBUTION OF NOTICES AND AGENDAS .............................................. 19 A. Copies. ................................................................................................. 20 B. Distribution. ......................................................................................... 20 C. Amendments. ....................................................................................... 21 Meeting Packet Page 155 of 307 iv of viii | P A G E S R U L E S O F P R O C E D U R E 4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS .................................................................................................. 21 §5. ORDER OF BUSINESS ................................................................................... 22 5.1 ORDER OF BUSINESS ............................................................................... 22 5.2 REGULAR MEETINGS ................................................................................ 22 A. Agenda ................................................................................................. 22 B. Roll Call for Attendance......................................................................... 24 C. Statement of Participation. .................................................................... 24 D. Summary of Current Events by Town Manager ........................................ 25 E. Proclamations, Awards, and Recognitions. ................................................ 26 F. Presentations. ......................................................................................... 26 G. Consent Agenda ................................................................................... 26 H. Regular Agenda. .................................................................................... 28 I. Call to the Public. ..................................................................................... 33 K. Future Agenda Items. ............................................................................ 34 L. Adjournment. ........................................................................................... 34 M. Request to Comment Cards .................................................................. 34 N. Maintaining Proper Decorum. ................................................................ 35 O. Regular Meeting Live Stream. ................................................................. 35 5.3 SPECIAL MEETINGS .................................................................................. 35 A. As Substitute for Regular Meeting. ......................................................... 35 B. Generally. ............................................................................................. 35 5.4 WORK SESSION MEETINGS ...................................................................... 37 §6. PROCEDURES FOR CONDUCTING THE MEETING .......................................... 38 6.1 CALL TO ORDER ....................................................................................... 38 6.2 PARTICIPATION OF PRESIDING OFFICER .................................................. 38 Meeting Packet Page 156 of 307 v of viii | P A G E S R U L E S O F P R O C E D U R E 6.3 QUESTION TO BE STATED ......................................................................... 39 6.4 RULES/DECORUM/ORDER ....................................................................... 39 A. Application. .......................................................................................... 40 B. Rules of Decorum ................................................................................. 41 C. Enforcement of Decorum. ..................................................................... 43 6.5 TELECONFERENCE PROCEDURE ............................................................. 43 A. Prior Notice. ......................................................................................... 44 B. Notation on Agenda. ............................................................................. 44 C. Public Access. ...................................................................................... 44 D. Notation in Minutes. .............................................................................. 44 6.6 ADDRESSING THE COUNCIL .................................................................... 45 A. Manner of Addressing the Council. ........................................................ 45 B. Limitation Regarding Public Comment and Reports. ............................... 45 C. Motions. ............................................................................................... 46 D. Addressing the Council after Motion is made. ......................................... 50 E. Voting Procedure...................................................................................... 50 §7. CONFLICT OF INTEREST ............................................................................... 28 7.1 INTRODUCTION ....................................................................................... 28 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS ............................................ 28 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW.................. 28 7.4 DISCLOSURE OF INTEREST ....................................................................... 29 7.5 WITHDRAWAL FROM PARTICIPATION ....................................................... 30 7.6 RULE OF IMPOSSIBILITY ........................................................................... 30 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ..................................... 31 7.8 SANCTIONS FOR VIOLATIONS .................................................................. 31 7.9 NON-STATUTORY CONFLICTS OF INTEREST .............................................. 32 Meeting Packet Page 157 of 307 vi of viii | P A G E S R U L E S O F P R O C E D U R E §8. CODE OF ETHICS ......................................................................................... 33 PREAMBLE: ....................................................................................................... 33 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING OF OUR COMMUNITY. ............................................ 33 8.2 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. ....................................................................... 34 8.3 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY. ........................................................................................................ 34 A. Public Confidence. ............................................................................... 34 B. Impression of lnfluence. ........................................................................ 34 C. Advocacy. ............................................................................................. 34 8.4 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. .................................................................................................. 35 A. Private Employment. ............................................................................. 35 B. Confidential Information. ...................................................................... 36 C. Gifts. .................................................................................................... 36 D. Investment in conflict with official duties. .............................................. 36 E. Personal relationships. ............................................................................. 36 §9. BOARDS, COMMISSIONS, AND COMMITTEES ................................................ 37 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES ..................................................................................................... 38 A. Classification. ...................................................................................... 38 B. Regularly Scheduled. ............................................................................ 38 C. Unscheduled. ....................................................................................... 38 Meeting Packet Page 158 of 307 vii of viii | P A G E S R U L E S O F P R O C E D U R E D. Sunset. ................................................................................................. 39 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS ............ 40 A. Call for Applications. ............................................................................. 40 B. Advertising/Timing and Location. ........................................................... 41 C. Advertisement Contents. ....................................................................... 33 D. Staff Review. ......................................................................................... 34 E. Council Materials. .................................................................................... 35 F Subcommittee Review/Interview. .............................................................. 35 G. Subcommittee Recommendation. ......................................................... 35 H. Council Consideration. ......................................................................... 35 I. Notification of Council Meeting. ................................................................ 36 J. Notification of Council Action. .................................................................. 36 K. Appointee Orientation. .......................................................................... 37 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES ............................................................................................. 37 A. Appointments Subcommittee. ............................................................... 37 B. Subcommittee Purpose. ........................................................................ 37 C. Appointment Timing. ............................................................................. 38 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS .................................................................................... 38 A. Minimum Qualifications. ....................................................................... 39 B. Prohibited Appointees. .......................................................................... 39 C. Ex-Officio Members............................................................................... 39 9.5 TERMS, VACANCIES, REMOVAL ................................................................ 40 A. Terms. .................................................................................................. 40 B. Staggered Terms for Smaller Boards. ..................................................... 40 Meeting Packet Page 159 of 307 viii of viii | P A G E S R U L E S O F P R O C E D U R E C. Staggered Terms for Larger Boards. ........................................................ 41 D. Simultaneous Service Limitation. ........................................................... 41 E. Vacancies. ............................................................................................... 41 F. Removal. ................................................................................................. 42 G. Filling Vacancy. ..................................................................................... 42 H. Re-appointment. ..................................................................................... 1 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW ................................ 1 9.7 RESIDENCY REQUIREMENT ........................................................................ 1 Appendix A: Sample Request to Comment Card ..................................... Appendix A §1. RULES OF PROCEDURE 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council, Boards, Commissions and Committees: A. A. State Law B. B. Town Code, including these Council Rules C. C. Parliamentary Procedure at a Glance, New Edition, by 0O. Garfield Jones D. D. Roberts Rules of Order, 12th edition, as amended Meeting Packet Page 160 of 307 9 of ii | P A G E S R U L E S O F P R O C E D U R E In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the Town Clerk or designee whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned, and all agenda items shall be carried over to the next regular Council meeting. 1.3 1.3 PARLIAMENTARIAN Meeting Packet Page 161 of 307 2 of 38 I P a g c 2 of 38 I P a g c The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the agenda. 1.5 1.5 MAYOR SEATING OF THE COUNCIL The Mayor, prior to the first meeting held in December, will provide the councilmember seating chart to the Town Clerk. 1.6 1.6 VICE MAYOR ROTATION The eight-month rotation of the Vice Mayor is based in order of the highest number of votes received at which the councilmember was elected as provided for on the final election results received from Maricopa County Elections. If Councilmember(s) wins at the Primary Election, Meeting Packet Page 162 of 307 2 of 38 I P a g c 2 of 38 I P a g c the Councilmember(s) will placed ahead of those Councilmember(s) who win at the General Election, utilizing the same process as just stated. SECTION Meeting Packet Page 163 of 307 2 of 38 I P a g c 2 of 38 I P a g c § 2. DEFINITIONS 2.1 2.1 AGENDA As set forth in the Order of Business, an agenda is a formal listing of items to be considered by (i) (i) the Council at a noticed meeting of the Council or (ii) (ii) the applicable Board, Commission or Committee at a noticed meeting of that body. The content of the agenda may not be changed less Meeting Packet Page 164 of 307 3 of 38 I P a g e s than the Thursday prior to the public meeting, except in exceptional circumstances, but in no event shall the agenda be altered less than 24 hours prior to the public meeting, unless otherwise authorized by State Law. 2.2 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The agenda packet is organized as set forth in the Order of Business in Section 5 below and is generally made available electronically to the Council and to anyone on the Town's website by 6:00 p.m. the Thursday prior to the date of the meeting. 2.3 2.3 CONSENT AGENDA Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or by notifying the Town Manager prior to the date of the meeting. The item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. Meeting Packet Page 165 of 307 4 of 38 I P a g e s 2.4 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. 2.5 2.5 COUNCIL RULES The Town of Fountain Hills, Arizona Town Council Rules of Procedure. Meeting Packet Page 166 of 307 5 of 38 I P a g e s 2.6 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or Committee members discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record by the Town Clerk or the staff liaison for a Board, Commission or Committee. 2.7 2.7 NOTICE A formal announcement to the public that sets the date, time and the place at which a meeting will be held. Such notice of meetings shall be in accordance with the State Law, the Town Code and these Council Rules. Council will approve the new calendar year meeting schedule at the first council meeting in December. 2.8 2.8 QUORUM The minimum number of Members of the Council, Board, Commission, or Committee that must be present in order for business to be legally transacted. Unless otherwise specified in State Law or the Town Code, a quorum is the majority of members of the public body. Meeting Packet Page 167 of 307 6 of 38 I P a g e s 2.9 2.9 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION Meeting Packet Page 168 of 307 7 of 38 I P a g e s §3. MEETINGS 3.1 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. A. The Council shall hold regular meetings on the first and third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled Meeting Packet Page 169 of 307 8 of 38 I P a g c , or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances and in compliance with State Law. All regular meetings shall be held at the Town Hall Council Chambers or at such places as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings. B. Holidays. B. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such a holiday, but such a meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday, unless the meeting is otherwise cancelled by the Council. 3.2 3.2 ADJOURNED MEETINGS Any meeting may be adjourned to a certain time, place and date, but not beyond the next regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. Reconvened meetings shall not provide for a "Call to the Public". 3.3 3.3 SPECIAL MEETINGS The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers), may convene the Council at any time after giving at least 24 hours' notice of such a meeting to members of the Council and the public. The notice shall include the date, Meeting Packet Page 170 of 307 9 of 38 I P a g c , place, time and purpose of such a special meeting. Special meetings shall not provide for a "Call to the Public". 3.4 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. A. The Mayor or the Town Manager (at his own discretion or upon the written request of three Councilmembers) may convene the Council in a work session at any time after giving notice at least 24 hours in advance of such a work session to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such work session. B. Purpose. B. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration by the Council than may be possible at a regular meeting. No formal action of the Council may be taken at such a work session, other than consensus or conveying directions to staff for further action. Work sessions shall not provide for a "Call to the Public." Meeting Packet Page 171 of 307 10 of 38 I P a g e consensus or conveying directions to staff for further action. 3.5 3.5 EXECUTIVE SESSIONS Subject to applicable State Law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town as allowed by State Law such as regarding personnel or for the purpose of obtaining legal counsel. Executive Sessions are closed to the public and shall not provide for a “Call to the Public.” 3.6 3.6 EMERGENCY MEETINGS As provided by State Law, the Mayor and Council or the Town Manager may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24 hours or more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the emergency meeting's agenda and a brief but complete description of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public". 3.7 3.7 MEETINGS TO BE PUBLIC Meeting Packet Page 172 of 307 11 of 38 I P a g e A. Open to Public. A. With the exception of executive sessions, all regular, special and work session meetings of the Council, Boards, Commissions, and Committees shall be open to the public , including members of the media. Where practicable, all regular, special, and work session meetings of the Council shall be live-streamed through the Town website, the recording of which such shall be archived and available to the public. Members of the public wishing to record meetings using professional audio or video equipment must provide written notification to the Town Manager, or designee, at least one hour before the meeting before setting up any professional equipment. B. Public Comment. B. Public comment is not taken at executive or work sessions, emergency meetings or at special meetings, unless the special meeting is held in place of a regular meeting, or unless the special meeting includes a public hearing on the agenda. 3.8 3.8 MINUTES OF MEETINGS Meeting Packet Page 173 of 307 12 of 38 I P a g e A. Staffing. A. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session meetings of the Council for the purpose of taking notes and/or audio recordings of the meeting. The Town staff liaison to each Board, Commission or Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or audio recordings of the meetings. B. Recordings; verbatim written minutes. B. To the extent possible, all open, public meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed, and actions taken are compiled and entered into the permanent minutes and kept on file in the Office of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. Minutes shall identify speakers by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided at the meeting. Comment cards submitted by individuals not wanting to speak in-person but desiring to indicate whether they support or oppose the proposed agenda action (i.e. "for or against") will be tallied by the Town Clerk and announced. A summary count will be included in the meeting minutes. These comment cards will not be read. C. Availability. C. All meeting minutes of the Council, Boards, Commissions, and Committees are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State Law, are deemed confidential and arcare only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open meetings of the Council, Boards, Commissions, and Committees must be available for public review by 5:00 p.m. on the third Meeting Packet Page 174 of 307 13 of 38 I P a g e working day following each meeting, or as provided by State Law. The Town Clerk , or designee, shall ensure that the minutes of all regular, special meetings , and work sessions of the Council, Boards, Commissions, and Committees are made available through the Town's Website within two working days following their approval, or as provided by State Law. D. Executive Sessions. D. Minutes of executive sessions (1) shall be confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State Law. Meeting Packet Page 175 of 307 14 of 38 I P a g e E. Approval. E. Minutes of all meetings of the Council (other than executive sessions) may be approved under the consent agenda, unless removed for discussion and separate action. SECTION Meeting Packet Page 176 of 307 15 of 38 I P a g e §4. NOTICE AND AGENDA 4.1 4.1 POSTING NOTICES A. Time. A. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than 24 hours before the date and time set for said meetings in accordance with State Law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for the Council. B. Locations. B. The Fountain Hills Town Code, Section 2-4-3, states meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall, and the Town's website. 4.2 4.2 AGENDA PREPARATION A. Availability. A. The Town Manager, or designee, shall prepare the agendas for all meetings of the Council as set Forthforth. Agendas of all meetings of the Council shall generally be available to the public on the Thursday prior to said meetings, except in exceptional circumstances. In Meeting Packet Page 177 of 307 16 of 38 I P a g e no event shall the agenda be made available less than 24 hours prior to said meeting unless authorized by State Law. Agendas and agenda packet materials are made available through the Town's website. The staff liaison to each Board, Commission or Committee shall ensure that the agenda is available in the same manner as required for the Council. B. Submittal Process. B. Items may be placed on the Council agenda for discussion and possible action by the following process (the agenda process for Boards, Commissions or Committees shall be as determined by the applicable Department Head, which shall be substantially the same as the Council agenda submittal process): Meeting Packet Page 178 of 307 17 of 38 I P a g e 1. 1. All Departments: Preparation of the Staff Report with signatures of the department director and staff (including all attachments) are provided to the Town Clerk for submittal to the Town Manager not later than the Monday prior to date of the meeting. The Town Manager approves/amends items and signs off, finalizing the item for inclusion in the agenda packet. 2. 2. Mayor and Councilmembers: The Mayor or a Councilmember with the support of two additional Councilmembers, may direct the Town Manager, through the Future Agenda item category, to place an item on the next available agenda within the next three meetings for consideration and possible action. 3. 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the agenda by submitting appropriate documentation to the Town Clerk. 4. 4. Person or Group: A person or group may request an item be placed on an agenda through the Town Manager, Mayor, or a Councilmember. C. C. Timelines for Submission of Items. I1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than eight calendar days prior to regular, work sessions and special meetings to ensure timely delivery to Councilmembers. 2. 2. The Town Manager may approve exceptions to the schedule in order to ensure that the distribution of all agenda packets to the Council is in conformance with these Council Rules. Meeting Packet Page 179 of 307 18 of 38 I P a g e 3. 3. Any requests requiring audio/visual support must be submitted to the Town Clerk for coordination with the information and technology division a minimum of 24 hours prior to the meeting. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective agenda items. D. Agenda Item Submittals for Council Executive Sessions. D. Items may be placed on the agenda for the Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: Meeting Packet Page 180 of 307 1. 1. Submission by a Councilmember, the Town Manager, or the Town Attorney (with notice to all Councilmembers). 2. 2. Submission by the Mayor (with notice to all Councilmembers). 3. 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant to State Law. 4. 4. The Town Attorney shall advise the Town Clerk regarding the appropriate agenda language of executive session items. E. Agenda Packets. E. Agenda Packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members electronically, at least five days before regular meetings and work sessions; provided, however, that agenda packets may be supplemented later under special circumstances so long as no agenda packet material is made available less than 24 hours prior to the meeting, except in the case of exceptional circumstances or an emergency meeting. F. Removal Requests. F. Requests to remove items from the Consent Agenda occurring after the 24-hour posting deadline will be announced by the Mayor at the beginning of the meeting. The posted agenda will remain unchanged. 4.3 4.3 DISTRIBUTION OF NOTICES AND AGENDAS Meeting Packet Page 181 of 307 A. Copies. A. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided for said meeting electronically, on the Thursday prior to the meeting, unless exceptional circumstances require a later delivery. B. Distribution. B. The Town Clerk shall ensure that the meeting notices, agendas and packet documentation, as deemed necessary, are posted to the Town's website and made 10 of 381Pages Meeting Packet Page 182 of 307 available to the Mayor and Council, the public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the date of the meeting. C. Amendments. C. A posted agenda may be amended up to 24 hours prior to the meeting. In exceptional circumstances, an agenda may be amended up to, but not less than, 24 hours prior to the meeting, unless otherwise authorized by State Law. Amended agendas shall indicate the date amended. 4.4 4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS Mayor and Councilmembers: The Mayor and Councilmembers may submit a document/handout for consideration regarding an item on the next Council agenda. The document/handout must be presented to the Town Clerk, or designee, no later than 12:00 PM Noon the day before the council meeting. Handouts submitted after the deadline will not be disseminated to the Council for consideration. The Town Clerk will provide copies of the Mayor's /Councilmember's handout(s) along with any online public comment cards on the dais prior to the Council meeting and will announce the documents when that agenda item is under consideration. This process will ensure the Town Clerk has the document/handout for the permanent record, solve any transparency issues, minimize any potential open meeting violations, and avoid any disruption during the Council meeting. SECTION Meeting Packet Page 183 of 307 §5. ORDER OF BUSINESS 5.1 5.1 ORDER OF BUSINESS The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 5.2 REGULAR MEETINGS 11 of 38I P a g e s Meeting Packet Page 184 of 307 12of381Page A. Agenda The agenda shall be prepared substantially in the following order, but may be amended for brevity: AGENDA 1. Call to Order & Pledge of Allegiance Invocation/Moment of Reflection Roll Call 2. Invocation 3. Roll Call 4. Statement of Participation 5. Summary of Current Events by Town Manager and 6. Proclamations by Mayor and Councilmembers (No discussion), Awards, and Recognitions 7. Presentations (if any) 8. Consent Agenda (preceded by the following explanatory paragraph) All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Council. 9. Action Items (Regular Agenda (action items grouped by subject to the extent possible) 10. Call to the Public 11. Council Discussion/Direction to the Town Manager 12. Future Agenda Items 13. Adjournment Meeting Packet Page 185 of 307 13 of 38 I P a g c s All agendas shall have the following statement placed at the bottom: The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) the Thursday prior to the meeting to request reasonable accommodation to participate in this meeting or to obtain agenda infom1ationinformation in large print format. Supporting documentation and staff reports furnished to the Council are available for review in the Town Clerk's office on the day of the Council meeting, the Council Chamber doors open at 5:15 PM for public seating. B. Roll Call for Attendance. A. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection or Invocation and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or designee to call the Roll, and the names of Councilmembers both present and absent shall be entered into the minutes. The order of roll call for attendance shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to the Mayor's far left. C. Statement of Participation. Following the B. Roll Call, The Statement of Participation may be included on the Agenda and following roll call, shall be read or disseminated another waydisplayed at each Regular Council meeting, and will consist of the followingshall state as follows: Anyone wishing to address the Council regarding items listed on the agenda shouldor during Call to the Public must completely fill out a Request to Comment card located in the back of the Council Chambers and hand it to the Town Clerk prior to considerationthe start of that agenda item.the meeting. Once the agenda itemmeeting 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 and if you are a resident for the public record. Please limit your comments to three minutes.Comments may not exceed three minutes. It is the policy of the Mayor and Meeting Packet Page 186 of 307 13 of 38 I P a g c s Council not to 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. To avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation, applause is not permitted, except when community members are being honored by the Council.during Proclamations, Awards, and Recognitions. All meeting participants must maintain proper decorum as specified in Section 6 of the Council Rules of Procedure. C. D. Summary of Current Events by Town Manager and Proclamations The Mayor/Presiding Officer may read Proclamations or conduct other ceremonial matters as listed on the posted agenda and a 3A three-minute summary of current events may be given by Town Manager on Town-sponsored events and/or activities. (The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during the Summary of Current Events.) Meeting Packet Page 187 of 307 E. Proclamations, Awards, and Recognitions. The Mayor/Presiding Officer or his/her designee may read Proclamations, present Awards, recognize members of the community, or conduct other ceremonial matters as listed on the posted agenda. F. Presentations. D. The Town Manager may use the Presentations section to provide the Council with an update from Department Directors, contracted service providers, neighboring jurisdictions, and regional organizations. E. G. Consent Agenda 14of38JPages Meeting Packet Page 188 of 307 16 of 38I P a g .: s 1. 1. The Consent Agenda includes items that are of such nature that discussion is not required, or issues that have been previously studied by the Council. These items may be adopted by one motion and vote. 2. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the meeting requests that an item or items be removed for discussion. Councilmembers or the public may not ask a question without removal of the item from the Consent Agenda. 3. 3. Items removed from the Consent Agenda are considered as the first item on the Regular Agenda, unless called out of sequence as provided under Section 1.4. (Suspension of the Rules) F. Action Items. 4. An explanatory statement shall be included on the Agenda immediately preceding the Consent Agenda heading: All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Council. Meeting Packet Page 189 of 307 16 of 38I P a g .: s H. Regular Agenda. 1. 1. At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk, or designee, will then call the Request to Comment forms of those persons desiring to provide input and comments. All persons wishing to speak before the Council shall fully complete Request to Comment forms and submit the forms to the Town Clerk, or designee, prior to the Council starting the agenda item. Late requests to speak cannot be accepted. Sufficient request forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed forms will be retained by the Town Clerk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be included in the meeting minutes. Speakers will be called in the order in which the forms were received. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. Request to Comment forms submitted by those who indicate they will not speak will be grouped together by the categories of "for" and "against" relating to the item indicated on the forms. The Town Clerk, or designee, will announce the number of cards received, if any, and the number received per category. 2. The Mayor or the Town Clerk, or designee, will then call the Request to Comment cards of those persons desiring to provide input and comments. At the appointed time, speakers will be called in the order the cards were received alternating between those “for” and “against” the agenda item. 2. 3. Those speaking before Council will be allowed a maximum of three contiguous minutes to address Council, but time limits may be waived,extended or reduced, (a) upon advice of the Town Attorney, by (a)(b) at the discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting Packet Page 190 of 307 16 of 38I P a g .: s meeting, (bc) consensus of the Council at a meeting or (cd) the Presiding Officer either prior to or during a meeting. Speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. 4. Questions or comments from the public shall be limited to the subject under consideration. The total time allocated for questions and comments from the public per agenda item shall not exceed 30 minutes, unless that time is extended as provided under Section 1.4 (Suspension of the Rules). If there are more than ten (10) comment cards requesting to speak, the Presiding Officer may, at the beginning of the agenda item, limit the number of speakers or limit the amount of time per speaker. 5. The Town Clerk shall use light and/or sound signals to indicate the commencement of the time for speaking for each speaker and a warning light will flash to show that the appropriate time has passed. A red light, or sound will signal that there is no longer any remaining time. Furthermore, the Mayor, Town Clerk, or other Town staff may mute the microphone when the speaker’s time expires. 6. The Town Clerk shall also notify the Presiding Officer when the total time allocated for all speakers expires. 3. 7. Speakers may also use the online Request to Comment Formform to provide input regarding an item on the agenda. The online Request to Comment form is found on the Town's website. The speaker must completely fill out the online form, listing a specific agenda item and submit the form no later than 12:00 p.m. on the day before the Council meeting that this item is on the agenda. The Town Clerk will provide electronic copies of these online Request to Comment forms to Councilmembers. Comments provided through the online form process will not be read out loud at the meeting but will be grouped and tallied together by the agenda item number and by categories "for and against". The Town Clerk, or designee, will announce the number of cards received, if any, and number received per category. 4. The purpose of all public comments is to provide information and the speakers' views for Council consideration. It is not appropriate for the speakers to question directly, Meeting Packet Page 191 of 307 16 of 38I P a g .: s or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer and not to individual Councilmembers. 8. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Councilmember shall engage in debate directly with such speakers, representatives or Town staff. 5. Proper decorum, in accordance with Section 6.4, must be observed by Councilmembers, by speakers in providing testimony and remarks and by the audience. ln order to conduct an orderly business meeting, the Presiding Officer shall keep control of the meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the meeting. Personal attacks on Councilmembers, Town staff or members of the public are not allowed. 6. Generally, agenda items requiring public hearings, other than those of a quasi- judicial nature, shall be conducted in the following order: Meeting Packet Page 192 of 307 a. a. The Presiding Officer will announce the matter that is set forth for a public hearing, will then open the public hearing, and, if appropriate, ask the staff to provide a report of the matter. b. matt er. b. The Presiding Officer will then ask the applicant, if any to speak regarding the matter. c. c. The or Presiding Officer will request the Town Clerk, or designee, to call on those who have submitted Request to Comment cards. d. d. After all public comments are heard, the Presiding Officer will close the public hearing and may ask staff or the applicant to respond to the comments. e. Councilmembers may ask the applicant questions though the Presiding Officer. e. f. The Presiding Officer may then call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. f. g. Upon the conclusion of Council discussion, the Presiding Officer will call for action on the item. g. h. Exhibits, letters, petitions, and other documentary items presented or shown to the Council during a public hearing agenda item become part of the record of the public hearing and shall be maintained by the Town Clerk. h. i. Should exhibits or materials be presented at the meeting, ten collated sets of written or graphic materials should be provided by the speaker to the Town Clerk prior Meeting Packet Page 193 of 307 to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8" x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution. The appropriate staff member shall be responsible to notify applicants of this requirement. 7. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the agenda and the number of persons desiring to 17 of 38 \ P a g c s Meeting Packet Page 194 of 307 18 of 38 I P a g t: s speak on an issue, the Presiding Officer may, at the beginning of the agenda item, limit repetitive testimony, and limit the amount of time per speaker. Upon approval of (a) the Presiding Officer or (b) a majority of the Council, persons may be allowed to speak longer than three minutes. Councilmembers may ask the speaker questions through the Presiding Officer. 8. 9. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. I. Call to the Public. 1. At the time allotted for Call to the Public, the Town Clerk, or designee, will call the Request to Comment cards of those persons desiring to provide input and comments on issues not on the agenda. 2. The total time allocated for Call to the Public shall not exceed 30 minutes, unless that time is extended as provided under Section 1.4 (Suspension of the Rules). The Town Clerk, or designee, shall note at the time Call to the Public commences the exact time the Call to the Public shall conclude. 3. Those speaking before Council on a non-agenda item will be allowed a maximum of three minutes to address Council. Speakers may not (a) reserve a portion of their time for a later time or (b) transfer any portion of their time to another speaker. 4. At the conclusion of each speaker's comments, the Presiding Officer may take any or all of the following actions: a. Thank the speaker for addressing the issue. b. Ask staff to review the matter. 5. The Town Clerk shall use light and/or sound signals to indicate the commencement of the time for speaking for each speaker and a warning light will flash to show that the appropriate time has passed. A red light, or sound will signal that there is no longer any remaining time. Furthermore, the Mayor, Town Clerk, or other Town staff may mute the microphone when the speaker’s time expires. Meeting Packet Page 195 of 307 18 of 38 I P a g t: s 6. The Town Clerk shall notify the Presiding Officer when the total time allocated for Call to the Public has expired. Anyone speaking must immediately conclude their remarks, and no further speakers will be allowed. Speakers who were unable to speak due to time limitations may email comments to mayorcouncil@fountainhillsaz.gov. J. Council Discussion/Direction to the Town Manager. The G. Members of the Council may (1) request the Town Manager to follow-up on matters presentedraised at that meeting; and/or (2(2) request one two-minute response to directed criticism raised any portion of the meeting; (3) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. K. Future Agenda Items. The Mayor or a Councilmember with the support of two additional Councilmembers, may direct the Town Manager to place an item on the next available agenda within the next three meetings for consideration and possible action. L. Adjournment. H. The open, public meeting of the Council may be adjourned by consensus of the Council. M. Request to Comment Cards All persons wishing to speak before the Council on an agenda item or during the Call to the Public shall fully complete a Request to Comment card and submit the card to the Town Clerk, or designee, prior to the start of the meeting. See Appendix A: Sample Request to Comment Card. Incomplete cards and late requests to speak cannot be accepted. Sufficient request cards shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed cards will be retained by the Town Clerk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be included in the meeting minutes. Speakers will be called in the order in which the cards were received alternating between those “for” and “against” the agenda item. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. Request to Comment cards submitted by those who indicate they will not speak will be grouped together by the categories of "for" and "against" if the comment relates to an item on the agenda. Meeting Packet Page 196 of 307 18 of 38 I P a g t: s N. Maintaining Proper Decorum. Proper decorum, in accordance with Section 6, must be observed by Councilmembers, by speakers in providing testimony and remarks, and by the audience. The Presiding Officer shall keep control of the meeting in accordance with Subsection 6.4(C). O. Regular Meeting Live Stream. Except in the event of unavoidable technical difficulties, all regular meetings shall be live streamed through the internet and available through the Town website. A monitor streaming the live proceedings shall be displayed outside of the Council Chambers, absent unavoidable technical difficulties. 5.3 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. A. If a special meeting is being held as an extension of or in place of a regular meeting, the agenda shall be as set forth for a regular meeting. B. Generally. For all other special meetings, public comment is not provided for on the agenda and may be made only as approved by consensus of the Council, unless an item on the agenda requires a public hearing. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item, if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. B. The Special Meeting Agenda shall be prepared in include only the following agenda items as described in Section 5.2 and listed in this order: SPECIAL MEETING AGENDA 1. Call to Order & Pledge of Allegiance Meeting Packet Page 197 of 307 18 of 38 I P a g t: s 2. Roll Call 3. Consent Agenda (if needed -explanatory paragraph same as regular meeting) 4. Action Items (Regular Agenda (action items grouped by subject to the extent possible) 5. Adjournment Meeting Packet Page 198 of 307 19 of 38 I P a g .: s 5.4 5.4 WORK SESSION MEETINGS The primary purpose of work sessions is to provide the Council with the opportunity for in- depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item, if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. The work session agenda shall be prepared in include only the following agenda items as described in Section 5.2 and listed in this order: WORK SESSION AGENDA 1. Call to Order 2. Roll Call 3. Agenda Items for Discussion (Items Numbered for Order) 4. Adjournment The Work Session Statement (Agenda shall include the following explanatory statement): All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. 1. Agenda Items for Discussion (Items Numbered for Order) 1. Adjournment SECTION Meeting Packet Page 199 of 307 19 of 38 I P a g .: s §6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 6.1 CALL TO ORDER A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice-Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection of a temporary Presiding Officer. 6.2 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and Meeting Packet Page 200 of 307 20 of 38 I P a g e s privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. 6.3 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate or shall ask the Councilmember to verbally restate, each question (motion) immediately prior to calling for discussion and the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or designee to verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 6.4 6.4 RULES/DECORUM/ORDER A. Points of Order. The Presiding Officer shall determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum Meeting Packet Page 201 of 307 20 of 38 I P a g e s A. Application. 1. 1. Councilmembers: Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. 2. 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. Meeting Packet Page 202 of 307 21of381Page 3. 3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells shall not be permitted by the Presiding Officer, who may direct a law enforcement officer to remove such offender/s from the room, and may only speak when recognized by the Presiding Officer. B. Rules of Decorum 1. All Councilmembers shall preserve order and decorum and shall not delay or interrupt Council proceedings or refuse to follow the direction of the Presiding Officer or the Rules of Procedure. 2. All Councilmembers shall use the queueing equipment to indicate their desire to speak. 3. The Presiding Officer shall not unreasonably withhold recognition from a Councilmember requesting to speak. However, the Presiding Officer may call for a vote as to whether to continue a repetitive discussion or motion. 4. A Councilmember, once recognized, shall limit remarks to no more than two minutes and shall not be interrupted while speaking, unless called to order by the Presiding Officer or a Point of Order or Point of Privilege is raised by another Councilmember. 5. Councilmembers shall not be recognized by the Presiding Officer to speak multiple times on an issue under debate until every Councilmember has been given an opportunity to speak once. 6. If a Councilmember is called to order while speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be out of order, he or she shall remain silent or shall alter remarks so as to comply with the Rules of the Council. 7. Remarks and questions by Councilmembers shall be confined to the issue under debate. The Council shall not discuss or debate issues that are not on the formal agenda. 8. Councilmembers shall refrain from making statements adverse to the interests of the Town. If a legal question must be resolved before action can be taken, a Councilmember may raise a Point of Privilege to move to go into Executive Session. Meeting Packet Page 203 of 307 21of381Page 9. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Councilmember shall engage in debate directly with such speakers, representatives or Town staff. 10. Speakers shall not question directly, or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer. 11. The Presiding Officer shall not permit any conduct or statements that disrupt or interfere with the orderly conduct of the business of the meeting, such as: a. Personal attacks. b. Indecorous language or behavior. c. Defamatory statements. d. Imputing motives. e. Unauthorized demonstrations or disruptive outbursts, such as applause, stamping of feet, whistles, boos, yells, or any sound or action that disrupts the meeting. f. Threatening or intimidating comments or conduct, whether overt or inferred. g. Yelling, shouting, or screaming. h. Abusive or profane remarks. i. Incitement of violent or illegal acts. j. Fighting words, i.e. speech that is likely to provoke an immediate violent reaction. 12. The Presiding Officer must also respect the civil rights of citizens. This means that while the Presiding Officer shall maintain decorum, the Presiding Officer may not restrict speakers from engaging in good faith criticisms of the Town or the actions of the Council. The Presiding Officer also may not engage in viewpoint discrimination. 13. Face coverings that conceal the identity of the wearer are not permitted at meetings, except for (a) properly fitted medical-grade masks or respirators for a bona fide medical Meeting Packet Page 204 of 307 21of381Page condition worn at all times by the wearer, except when recognized to speak before the Council, or (b) religious face coverings that are a part of the wearer’s core tenant of faith and part of the wearer’s consistent public appearance. C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the Council, staff and guests. It is the responsibility of the The Presiding Officer of the shall preserve decorum and decide all questions of order, subject to the appeal to the Council. If proper decorum is not maintained, the Presiding Officer shall have the authority to: a. Recess the meeting to for a brief time to abate the disruption. b. Direct a law enforcement offer present at the meeting to remove from the meeting the person(s) whose conduct is disorderly or disruptive. c. Clear the Council Chambers and restrict access to the Council, employees, applicants, and presenters. Members of the public who have completed Request to Comment cards may be granted access at the time allocated for them to speak. C. The Presiding Officer shall also ensure compliance with this Policy. The Presiding Officer shall speakers maintain decorum and, when necessary, shall request that a speaker refrain from improper conduct ; if. If the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time , and/or (2) direct a law enforcement officer present at the meeting to remove from the meeting the person whose conduct is disorderly or disruptive. 6.5 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: Meeting Packet Page 205 of 307 21of381Page A. Prior Notice. A. When a Councilmember is unable to attend a meeting and desires to participate in the meeting by telephone, the Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or designee, notice of his/her inability to be present at the meeting at least 24 hours prior to the meeting. B. Notation on Agenda. B. The notice of the meeting and the agenda shall include the following: "Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. C. Facilities will be used at the meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone. Meeting Packet Page 206 of 307 22 of 38I P a g e s 6.6 6.6 ADDRESSING THE COUNCIL A. A. Manner of Addressing the Council. 1. 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seating area of the Council Chamber. At the podium, the speaker shall clearly state his/her name for the record and shall indicate if he/she is a Town resident. 2. 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk the Thursday prior to a meeting to request an accommodation to participate in the meeting. B. Limitation Regarding Public Comment and Reports. B. The making of oral communications to the Council by any member of the public during the “Call to the Public” or under an action item, shall be subject to the following limitations: 1. 1. All speakers wishing to address the Council shall complete and submit a Request to Comment form as set forth in Subsection 5.2 .(M). 2. 2. The Presiding Officer mayshall limit the number of speakers heard“Call to the Public” and public comment on non-each agenda topics at any single meetingitem Meeting Packet Page 207 of 307 22 of 38I P a g e s to no more than thirty (30) minutes to allow the meeting to proceed and end in a timely manner. 3. 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. 4. The Presiding Officer may further limit the number of speakers or duration of the comment period as reasonably necessary to allow the meeting to end in a timely manner. C. C. Motions. l1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. Meeting Packet Page 208 of 307 23 of 38 I P a g <! s 2. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. a. Fix the time to adjourn b. b. Adjourn C. c. Recess d. Raise a questiond. Point of Order or Privilege e. e. Table f. f. Limit or extend limits of debateterminate discussion g. g. Postpone to a certain time and dateor continue h. h. Amend i. i. Postpone Indefinitely j. j. Main Motion 3. Motions Defined: Point of Order: A point of order may raised by a Member when there is a disturbance, lack of decorum, or to raise a question of whether there has been a breach of the Rules of Procedure. A point of order can interrupt any speaker, does not require a second, is not debatable, is not amendable, and cannot be reconsidered. Once raised, the Presiding Officer shall determine the Point of Order and may consult with the Parliamentarian in so doing. Once determined, the Presiding Office’s decision may be challenged by an appeal from any Member. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such 3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. Point of Order. If the Presiding Officer fails to act on a Point of Order, any Member may move to require the Presiding Officer to enforce decorum. An affirmative vote of the majority shall require the Presiding Officer to act. Meeting Packet Page 209 of 307 23 of 38 I P a g <! s Point of Privilege: A point of privilege allows a member to interrupt proceedings to address urgent matters affecting their ability to participate, their reputation, or the assembly's comfort, safety, or rights. A Point of Personal Privilege addresses an individual member's concerns, such as a misquoted statement, inability to hear, or an unfair attack on their character, allowing them to clarify or correct the record. Point of General Privilege address concerns the comfort, safety, or rights of the entire assembly, like a broken microphone, extreme heat, or a need to call for a closed executive session. 4. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the Meeting Packet Page 210 of 307 24 of 38 I P a g c s motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: a. A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if applicable). 7. Motion to Continue: Motions to continue shall be debatable only as to the propriety of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. Motion to Amend: A motion to amend shall be debatable only as to the amendment. a. A motion to amend an amendment on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if applicable). Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the agenda. This motion is debatable, and because it can be applied only to Meeting Packet Page 211 of 307 24 of 38 I P a g c s the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. D. Addressing the Council after Motion is made. D. After the motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. E. Voting Procedure. E. After discussion has been concluded and the Mayor, the Councilmember who made the motion or the Town Clerk has restated the motion under consideration, the following procedure shall apply: 1. Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the meeting minutes. Upon the request of the Mayor or a Councilmember, the vote shall be taken by roll call. Meeting Packet Page 212 of 307 25 of 38 I P a g e s meeting minutes. Upon the request of the Mayor or a Councilmember, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by the names of the Councilmembers voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Councilmember has declared a Conflict of lnterestInterest, the Town Clerk shall include a statement such as "Abstained due to declared Conflict of lnterestInterest" in the official minutes as part of the results of the vote. The Councilmember shall fill out a "Conflict of Interest" form and submit it to the Town Clerk for the record prior to the end of the meeting at which the conflict was declared. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of members in random order with each new vote concluding the vote with the Vice Mayor and Mayor respectively. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All Councilmembers in attendance at a duly called meeting that requires formal Council action are required to vote. A member may abstain from voting only if he/she has a Conflict of lnterestInterest under State Law, in which case such member shall take no part in the deliberations on the matter in question. Councilmembers should contact the Town Attorney to verify if they have a conflict of interest, prior to meeting the Councilmember perceives they have a Conflict of lnterestInterest. Meeting Packet Page 213 of 307 26 of 38 I P a g e s b. Should a Councilmember fail to vote "Aye" or "Nay" or offer a voluntary abstention, his/her vote shall be counted with the majority of votes cast, unless the Councilmember's vote is excused by the State Law; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any Councilmember who voted with the majority may move a reconsideration of any action at the same or next regular meeting. To ensure that the open Meeting Packet Page 214 of 307 27 of 38 I P a g e s 3. meeting law requirements are met, a written request from such Councilmember must be submitted to the Town Clerk's Office at least eight days prior to the next regular meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Council. 4. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Council. SECTION Meeting Packet Page 215 of 307 28 of 38 I P a g e s §7. CONFLICT OF INTEREST 7.1 7.1 INTRODUCTION Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember to remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision which might unduly affect their personal interests or those of their close relatives. 7.2 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW Meeting Packet Page 216 of 307 29 of 38 I P a g e s The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all actions taken by Councilmembers, Board members, Commissioners, and Committee members. 7.4 7.4 DISCLOSURE OF INTEREST Meeting Packet Page 217 of 307 30 of 38 I P a g <.: s Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State Law. Any member who has a conflict of interest in any decision must disclose that interest at the meeting and in writing on a form provided by the Town Clerk, or designee. The disclosure of the conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public inspection all documents necessary to memorialize all disclosures of a conflict of interest by a member. 7.5 WITHDRAW AL7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the matter with anyone involved in the decision-making process in any manner. Further, the member should not otherwise attempt to influence the decision and should remove himself/herself from the Council Chambers, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8. 7.6 7.6 RULE OF IMPOSSIBILITY In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest, and the Council, Board, Commission or Committee is unable to act in its official capacity, members may participate in Meeting Packet Page 218 of 307 31 of 38 I P a g <.: s the discussion and decision after making known their conflicts of interest in the official records. 7.7 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of the compensation they would normally be entitled to for performing their duties or (B) otherwise permitted according to State Law. 7.8 7.8 SANCTIONS FOR VIOLATIONS Meeting Packet Page 219 of 307 32 of 38 I P a g � s Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State Law. 7.9 7.9 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that he/she should ethically refrain from participating in a decision even though the circumstances may not amount to a conflict of interest under the State Law. It is the policy of the Council to encourage members to adhere to strongly held ethical values, which are exercised in good faith. However, subsectionSubsection 6.6(E) ()(2) encourages participation in the decision-making process unless the matter involves a statutory conflict of interest set forth by State Law. SECTION Meeting Packet Page 220 of 307 33 of 38 I P a g � s §8. CODE OF ETHICS PREAMBLE: The residents of Fountain Hills are entitled to have a fair, ethical, and accountable government, which has earned the public's full confidence. In keeping with the Town of Fountain Hills' commitment to the effective functioning of government, public officials, both elected and appointed, shall comply with the laws and policies affecting the operations of government; be independent, impartial and fair in their judgment and actions and use their office for the public good and not for personal gain. The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Council and members of the Town's Boards, Commissions, and Committees. In furtherance of this purpose, Town Council, Board, Commission and Committee Members, shall: 8.1 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING OF OUR COMMUNITY. Meeting Packet Page 221 of 307 34 of 38I P a g e s 8.2 8.2 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. 8.3 8.3 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY. A. A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. We recognize our responsibility, when serving in our official capacity, and will practice the following: • Engage in constructive conversations and debates that encourage the exchange of ideas while avoiding personal attacks or derogatory language. • Refrain from making verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, the staff, or the public. • Refrain from making disparaging remarks about the other members of the Council, Boards, Commissions, the staff, or the public. B. B. Impression of lnfluenceInfluence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influenced in the performance of our official duties. C. C. Advocacy. We shall represent the official policies or positions of the Town Council, Board, or Commission to the best of our ability when designated as delegates for this purpose. When presenting our own individual opinions and positions to the public, the media, or other stakeholders, we shall state they do not represent the Council or the Town of Fountain Hills nor imply that they do. Meeting Packet Page 222 of 307 35 of 38I P a g e s 8.4 8.4 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. A. A. Private Employment. We shall take any steps necessary to ensure that we comply with the State Law regarding conflicts of interest when we engage in, solicit, negotiate for, or Meeting Packet Page 223 of 307 36 of 38 I P a g .: s promise to accept private employment or render services for private interests or conduct a private business. B. B. Confidential Information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. C. C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift - of any value - whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form of gratuity. This policy shall not apply to hospitality, transportation or other assistance provided to Town officials when such hospitality, transportation or other assistance is (i) directly related to their participation in community events as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy. D. D. Investment in conflict with official duties. We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be the appearance of conflict of interest or a conflict of interest. All members of the Council, Boards, Commissions, or Committees shall acknowledge in writing, on a form provided by the Town Clerk, or designee, receipt of these provisions relating to ethics. SECTION Meeting Packet Page 224 of 307 37 of 38 I P a g .: s §9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills Council may create such Boards, Commissions, or Committees as deemed necessary to assist in the conduct of the operation of Town government. The Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. Meeting Packet Page 225 of 307 9.1 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. Classification. A. All Boards, Commissions, or Committees of the Town shall be classified as regularly scheduled or unscheduled Boards, Commissions, or Committees. Regularly scheduled Boards, Commissions, or Committees are those that meet on a regularly scheduled basis or may be quasi-judicial in nature. Unscheduled Boards, Commissions, or Committees meet on an as-called basis. B. include: B. Regularly Scheduled. Regularly scheduled Boards, Commissions, or Committees include: 1. 1. Planning and Zoning Commission 2. 2. Community Services Advisory Commission 3. 3. Strategic Planning Advisory Commission 4. 4. Municipal Property Corporation 5. 5. Historic and Cultural Advisory Commission C. Unscheduled. C. Unscheduled Boards, Commissions, or Committees: Meeting Packet Page 226 of 307 l1. Ad Hoc Committees 2. Board of Adjustment D. Sunset. D. Except for the Planning and Zoning Commission and Board of Adjustment, any Boards, Commissions, or Committees created shall cease to exist (1) upon the 31 of 38 \ P a g e s Meeting Packet Page 227 of 307 32 of 38 I P a g c s accomplishment of the special purpose for which it was created, or (2) when abolished by a majority vote of the Council. 9.2 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS A. Call for Applications. A. The call for applications to fill vacant seats for Boards, Commissions, or Committees may include a request for: 1. 1. The application that describes the applicant's skills, experience, and educational background are needed to ensure the successful filling of the vacancy. Applicants may submit a resume along with the application; however, not in lieu of filling out the application. 2. 2. Responses to the supplemental questionnaire specific to a Board Commission, or Committee application, if such questionnaire is included. 3. 3. The Consent to Executive Session form. 4. 4. If a member whose term will be expiring wishes to reapply for an additional term on the same Board, Commission or Committee, such member is exempt from filing those items as listed in Subsections 9.2 (A)(l1 and 2). However, such member shall submit in writing, on a form provided by the Town Clerk or designee that includes a request for the Council's consideration of reappointment in addition to the Consent to Meeting Packet Page 228 of 307 32 of 38 I P a g c s Executive Session form as listed in Subsection 9.2(A)(3). The member may include any new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. B. The Town Clerk or designee shall be responsible for advertising to fill vacant seats to Boards, Commissions, and Committees for at least two weeks and no later than two months, prior to the expiration of the current Board, Commission, or Committee member(s) term, via: Meeting Packet Page 229 of 307 33 of 38 I P a g e s l. The the Town's three official posting sites as listed in Section 2-4-3 of the Fountain Hills Town Code. The application will be placed on the Town's website for public access with hard copies made available to the public through the Town's Customer Service Representative. C. Advertisement Contents. C. Advertisement of vacancies shall include the following: 1. 1. The name of the Board, Commission, or Committee. 2. 2. The number of vacancies to be filled. 3. 3. A brief description of the Board, Commission, or Committee. 4. 4. A brief description of the qualifications, skills and experience background applicants should possess, if any. 5. 5. An overview of when the Board, Commission, or Committee meets. 6. 6. The deadline for submitting applications. 7. 7. Listing of applicant information required and location where application packets may be obtained. Meeting Packet Page 230 of 307 34 of 38 I P a g e s 8. 8. Staff Liaison contact information. D. Staff Review. D. Individuals applying for Boards, Commissions, or Committees must submit to the Town Clerk or Staff Liaison those items as listed in Subsection 9.2(A) by the published deadline. The Town Clerk or Staff Liaison will review the application(s) to ensure that the applicant(s) meet the qualifications as listed in Subsection 9.4(A) Meeting Packet Page 231 of 307 35 of 38 I P a g e s E. Council Materials. E. The staff liaison to the Board, Commission, or Committee will assemble and copy all application packets and provide all supporting materials to all Councilmembers. F Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after meeting to review all of the applications. The staff liaison will schedule an appropriate time to interview qualified applicants in person or via telephone, and shall prepare and post the agenda for an executive session in accordance with the Arizona open meeting law for said interviews. Interviews shall be conducted in Executive Session unless the applicant requests the interview be held at a public meeting. G. Subcommittee Recommendation. G. After the interviews have concluded, the staff liaison, Town Clerk or the Council Subcommittee Chair shall advise the Mayor of the subcommittee's discussion and appointment recommendation(s). H. Council Consideration. H. The Staff Liaison shall prepare the Staff Report according to the submission deadline and provide to the Town Clerk, or designee, for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to recruit applicants, (2) the number of vacancies to be filled along with the names of those members whose terms expire, (3) the number of applications received and (4) the specific term to be filled. Meeting Packet Page 232 of 307 36 of 38 I P a g e s I. Notification of Council Meeting. I. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a Board, Commission, or Committee and suggest that he/she may want to be present at the scheduled meeting when the recommendation is presented to the Council. J. Notification of Council Action. J. Following the Council's approval of the Mayor's appointment(s) to a Board, Commission, or Committee, the Town Clerk or designee shall notify appointees as to their appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law Affim1ation for their signature and return. Those applicants not chosen to fill a vacancy on a Board, Commission, or Committee, will be provided written notification by the Staff Liaison outlining the Council's appointments and they will be provided with an application of interest for consideration of applying for any other Board, Commission, or Committee vacancies. Meeting Packet Page 233 of 307 37 of 38 I P a g e s of interest for consideration of applying for any other Board, Commission, or Committee vacancies. K. Appointee Orientation. The Staff Liaison will provide specific details to the new appointees relative to: (1) their attendance at the "official" Board, Commission, or Committee orientation, and (2) all official literature, agendas, minutes, or other materials specific to their appointment. 9.3 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Appointments Subcommittee. A. The Mayor may annually appoint Council Subcommittees for Board, Commission, or Committee appointments. Each subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Town Council shall review applications and conduct interviews for the various Boards, Commissions, or Committees to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. B. Subcommittee Purpose. B. The purpose of this Council Subcommittee is to review applications, interview applicants (in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. Meeting Packet Page 234 of 307 38 of 38 I P a g e s C. Appointment Timing. C. The process of application review and interviews will be conducted in such a manner as to allow for the appointments to coincide with the term expiration of the current Board, Commission or Committee member(s) term or as soon thereafter as reasonably possible. 9.4 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS Meeting Packet Page 235 of 307 39 of 38 I P a g e s A. Minimum Qualifications. A. All members of Boards, Commissions, and Committees shall meet the following minimum qualifications upon their appointment to any Board, Commission, or Committee. Each member must be: 1. 1. Eighteen years of age or older, for any Board, Commission, or Committee seats, designated by Council; except for members appointed to Youth Commissioner position for youth representation. 2. 2. A Fountain Hills resident for at least one year, unless the Council specifically waives this time or residency requirement for a specific Board, Commission or Committee. 3. 3. A qualified elector, except for youth appointees. B. Prohibited Appointees. B. Town employees or appointed officers shall not be eligible for appointment to any Board, Commission, or Committee but may be requested to provide staff support thereto. Councilmembers are prohibited from serving on regularly scheduled commissions as listed in Subsection 9. l 1(B) and the Board of Adjustment. C. Ex-Officio Members. C. The Mayor, with the consent of the Council, may from time to time appoint ex-officio members to those Boards, Commissions or Committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council. ExEx-officio members shall not be entitled to vote on any matter brought before the commission. -officio members shall not be entitled to vote on any matter brought before the commission. Meeting Packet Page 236 of 307 40 of 38 I P a g e s 9.5 9.5 TERMS, VACANCIES, REMOVAL A. Terms. A. All members of unscheduled Boards, Commissions, and Committees shall serve a term of up to three years, or until the Board, Commission, or Committee is dissolved, unless Council action, Town Code, or Arizona Revised Statutes specifically designates terms. B. Staggered TennsTerms for Smaller Boards. B. For those regularly scheduled Boards, Commissions, and Committees having five members or fewer, the terms of office shall be staggered so that no more than two terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any Boards, Commission, or Committee that will be in existence for a single term. Meeting Packet Page 237 of 307 41 of 38I P a g <: s C. Staggered Tem1sTerms for Larger Boards. C. For those Boards, Commissions, and Committees having more than five members but less than eight members, the terms of office shall be staggered so that no more than three terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any Board, Commission, or Committee that will be in existence for a single term. D. Simultaneous Service Limitation. D. No individual may serve as a voting member on more than one regularly scheduled or unscheduled Board, Commission, and Committee at one time. E. Vacancies. E. A vacancy on a Board, Commission, or Committee shall be deemed to have occurred upon the following: I. 1. Death or resignation of a member of a Board, Commission, or Committee. 2. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council has provided that such member may be a non-resident. 3. 3. Three successive unexcused or unexplained absences by a member from any regular or special Board, Commission, or Committee meetings. However, the term of all members shall extend until their successors are appointed and qualified. Meeting Packet Page 238 of 307 42 of 38I P a g <: s F. Removal. F. Any Board, Commission, or Committee member may be removed as a member to that Board, Commission, or Committee, or in accordance with Article 2A-l1-1 of the Fountain Hills Town Code. G. Filling Vacancy. G. Whenever a vacancy has occurred on one Board, Commission, or Committee procedures described in Sections 9.2, 9.3, and 9.4 will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. One exception to this rule is that if a vacancy should occur within twelve months of a subcommittee's interviewing process for said Board, Commission, or Committee, and the subcommittee had submitted a ranking of those previously interviewed, a recommendation may be forwarded to the Mayor for appointment of the unexpired term based on said ranking. Meeting Packet Page 239 of 307 1 of 1 | P A G E S R U L E S O F P R O C E D U R E H. Re-appointment. H. An incumbent member of a Board, Commission, or Committee seeking reappointment shall submit, in writing, on a form provided by the Staff Liaison that includes a request for the Council's consideration of reappointment in addition to the consent to executive session form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is relevant to the original application already on file. 9.6 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All Board, Commission, or Committee are subject to the Arizona Open Meeting Law and therefore shall attend the Town's Annual Open Meeting Law training. 9.7 9.7 RESIDENCY REQUIREMENT Members of all Boards, Commissions, or Committees shall be residents of the Town. Meeting Packet Page 240 of 307 1 of 38 I P a g c s A P P E N D I X A R U L E S O F P R O C E D U R E APPENDIX A Sample Request to Comment Card Meeting Packet Page 241 of 307 RESOLUTION NO. 2026-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FOUNTAIN HILLS TOWN COUNCIL RULES OF PROCEDURE, AMENDED AND RESTATED FEBRUARY 3, 2026 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Town of Fountain Hills, Arizona, Town Council Rules of Procedure, Amended and Restated February 3, 2026, are hereby approved in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, February 3, 2026. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: _______________________________ __________________________________ Gerry Friedel, Mayor Bevelyn Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: _______________________________ __________________________________ Rachael Goodwin, Town Manager Jennifer J. Wright, Town Attorney Meeting Packet Page 242 of 307 EXHIBIT A TO RESOLUTION NO. 2026-02 [Town Council Rules of Procedure, Amended and Restated February 3, 2026] See following pages Meeting Packet Page 243 of 307 T OWN OF F OUNTAIN H ILLS C OUNCIL R ULES OF P ROCEDURE Adopted August 7, 2003 by Ordinance 03-17 Amended April 7, 2005 by Resolution 2005-30 Amended November 17, 2005 by Resolution 2005-52 Amended November 17, 2005 by Resolution 2005-63 Amended May 18, 2006 by Resolution 2006-28 Amended December 7, 2006 by Resolution 2006-47 Amended December 7, 2006 by Resolution 2006-52 Amended July 2, 2009 by Resolution 2009-29 Amended November 7, 2013 by Resolution 2013-26 Amended February 6, 2014 by Resolution 2014-09 Amended March 5, 2019 by Resolution 2019-15 Amended September 3, 2019 by Resolution 2019-46 Amended October 5, 2021 by Resolution 2021-33 Amended February 21, 2023 by Resolution 2023-05 Amended March 21, 2023 by Resolution 2023-08 Amended September 6, 2023 by Resolution 2023-30 Amended April 15, 2025 by Resolution 2025-15 Amended November 18, 2025 by Resolution 2025-42 Amended February 3, 2026 by Resolution 2026-02 Meeting Packet Page 244 of 307 i of vii | P AGES R ULES OF P ROCEDURE TABLE OF CONTENTS §1. RULES OF PROCEDURE .................................................................................. 1 1.1 PROCEDURES ........................................................................................... 1 1.2 PRESIDING OFFICER .................................................................................. 1 1.3 PARLIAMENTARIAN .................................................................................... 1 1.4 SUSPENSION OF THE RULES ...................................................................... 2 1.5 MAYOR SEATING OF THE COUNCIL ............................................................ 2 1.6 VICE MAYOR ROTATION ............................................................................. 2 § 2. DEFINITIONS ................................................................................................. 3 2.1 AGENDA .................................................................................................... 3 2.2 AGENDA PACKET ....................................................................................... 3 2.3 CONSENT AGENDA .................................................................................... 3 2.4 COUNCIL ................................................................................................... 4 2.5 COUNCIL RULES ........................................................................................ 4 2.6 MEETING ................................................................................................... 4 2.7 NOTICE...................................................................................................... 4 2.8 QUORUM ................................................................................................... 4 2.9 TOWN ........................................................................................................ 5 §3. MEETINGS ...................................................................................................... 6 3.1 REGULAR MEETINGS .................................................................................. 6 A. Regular Meeting Date; Time. .................................................................... 6 B. Holidays. ................................................................................................ 6 3.2 ADJOURNED MEETINGS ............................................................................. 6 3.3 SPECIAL MEETINGS .................................................................................... 6 3.4 WORK SESSIONS ....................................................................................... 7 A. How Convened; When Convened; Notice. ................................................ 7 Meeting Packet Page 245 of 307 ii of vii | P AGES R ULES OF P ROCEDURE B. Purpose. ................................................................................................. 7 3.5 EXECUTIVE SESSIONS ................................................................................ 7 3.6 EMERGENCY MEETINGS ............................................................................. 7 3.7 MEETINGS TO BE PUBLIC ........................................................................... 8 A. Open to Public. ....................................................................................... 8 B. Public Comment. .................................................................................... 8 3.8 MINUTES OF MEETINGS ............................................................................. 8 A. Staffing. .................................................................................................. 8 B. Recordings; verbatim written minutes. ..................................................... 8 C. Availability. ............................................................................................. 9 D. Executive Sessions. ................................................................................ 9 E. Approval. ................................................................................................... 9 §4. NOTICE AND AGENDA .................................................................................. 10 4.1 POSTING NOTICES ................................................................................... 10 A. Time. .................................................................................................... 10 B. Locations. ............................................................................................ 10 4.2 AGENDA PREPARATION ........................................................................... 10 A. Availability. ........................................................................................... 10 B. Submittal Process. ................................................................................ 10 C. Timelines for Submission of Items. ........................................................ 11 D. Agenda Item Submittals for Council Executive Sessions. ........................ 11 E. Agenda Packets. ...................................................................................... 12 F. Removal Requests. .................................................................................. 12 4.3 DISTRIBUTION OF NOTICES AND AGENDAS .............................................. 12 A. Copies. ................................................................................................. 12 B. Distribution. ......................................................................................... 12 Meeting Packet Page 246 of 307 iii of vii | P AGES R ULES OF P ROCEDURE C. Amendments. ....................................................................................... 13 4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS .................................................................................................. 13 §5. ORDER OF BUSINESS ................................................................................... 14 5.1 ORDER OF BUSINESS ............................................................................... 14 5.2 REGULAR MEETINGS ................................................................................ 14 A. Agenda ................................................................................................. 14 B. Roll Call for Attendance......................................................................... 15 C. Statement of Participation. .................................................................... 15 D. Summary of Current Events by Town Manager ........................................ 16 E. Proclamations, Awards, and Recognitions. ................................................ 16 F. Presentations. ......................................................................................... 16 G. Consent Agenda ................................................................................... 16 H. Regular Agenda. .................................................................................... 17 I. Call to the Public. ..................................................................................... 19 K. Future Agenda Items. ............................................................................ 20 L. Adjournment. ........................................................................................... 20 M. Request to Comment Cards .................................................................. 21 N. Maintaining Proper Decorum. ................................................................ 21 O. Regular Meeting Live Stream. ................................................................. 21 5.3 SPECIAL MEETINGS .................................................................................. 21 A. As Substitute for Regular Meeting. ......................................................... 21 B. Generally. ............................................................................................. 22 5.4 WORK SESSION MEETINGS ...................................................................... 22 §6. PROCEDURES FOR CONDUCTING THE MEETING .......................................... 24 6.1 CALL TO ORDER ....................................................................................... 24 Meeting Packet Page 247 of 307 iv of vii | P AGES R ULES OF P ROCEDURE 6.2 PARTICIPATION OF PRESIDING OFFICER .................................................. 24 6.3 QUESTION TO BE STATED ......................................................................... 24 6.4 RULES/DECORUM/ORDER ....................................................................... 24 A. Application. .......................................................................................... 24 B. Rules of Decorum ................................................................................. 25 C. Enforcement of Decorum. ..................................................................... 27 6.5 TELECONFERENCE PROCEDURE ............................................................. 28 A. Prior Notice. ......................................................................................... 28 B. Notation on Agenda. ............................................................................. 28 C. Public Access. ...................................................................................... 28 D. Notation in Minutes. .............................................................................. 28 6.6 ADDRESSING THE COUNCIL .................................................................... 28 A. Manner of Addressing the Council. ........................................................ 28 B. Limitation Regarding Public Comment and Reports. ............................... 29 C. Motions. ............................................................................................... 29 D. Addressing the Council after Motion is made. ......................................... 32 E. Voting Procedure...................................................................................... 32 §7. CONFLICT OF INTEREST ............................................................................... 34 7.1 INTRODUCTION ....................................................................................... 34 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS ............................................ 34 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW.................. 34 7.4 DISCLOSURE OF INTEREST ....................................................................... 34 7.5 WITHDRAWAL FROM PARTICIPATION ....................................................... 35 7.6 RULE OF IMPOSSIBILITY ........................................................................... 35 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ..................................... 35 7.8 SANCTIONS FOR VIOLATIONS .................................................................. 35 Meeting Packet Page 248 of 307 v of vii | P AGES R ULES OF P ROCEDURE 7.9 NON-STATUTORY CONFLICTS OF INTEREST .............................................. 36 §8. CODE OF ETHICS ......................................................................................... 37 PREAMBLE: ....................................................................................................... 37 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING OF OUR COMMUNITY. ............................................ 37 8.2 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. ....................................................................... 37 8.3 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY. ........................................................................................................ 37 A. Public Confidence. ............................................................................... 37 B. Impression of lnfluence. ........................................................................ 38 C. Advocacy. ............................................................................................. 38 8.4 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. .................................................................................................. 38 A. Private Employment. ............................................................................. 38 B. Confidential Information. ...................................................................... 38 C. Gifts. .................................................................................................... 38 D. Investment in conflict with official duties. .............................................. 39 E. Personal relationships. ............................................................................. 39 §9. BOARDS, COMMISSIONS, AND COMMITTEES ................................................ 40 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES ..................................................................................................... 40 A. Classification. ...................................................................................... 40 B. Regularly Scheduled. ............................................................................ 40 Meeting Packet Page 249 of 307 vi of vii | P AGES R ULES OF P ROCEDURE C. Unscheduled. ....................................................................................... 40 D. Sunset. ................................................................................................. 41 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS ............ 41 A. Call for Applications. ............................................................................. 41 B. Advertising/Timing and Location. ........................................................... 41 C. Advertisement Contents. ....................................................................... 42 D. Staff Review. ......................................................................................... 42 E. Council Materials. .................................................................................... 42 F Subcommittee Review/Interview. .............................................................. 42 G. Subcommittee Recommendation. ......................................................... 43 H. Council Consideration. ......................................................................... 43 I. Notification of Council Meeting. ................................................................ 43 J. Notification of Council Action. .................................................................. 43 K. Appointee Orientation. .......................................................................... 43 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES ............................................................................................. 44 A. Appointments Subcommittee. ............................................................... 44 B. Subcommittee Purpose. ........................................................................ 44 C. Appointment Timing. ............................................................................. 44 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS .................................................................................... 44 A. Minimum Qualifications. ....................................................................... 44 B. Prohibited Appointees. .......................................................................... 45 C. Ex-Officio Members............................................................................... 45 9.5 TERMS, VACANCIES, REMOVAL ................................................................ 45 A. Terms. .................................................................................................. 45 Meeting Packet Page 250 of 307 vii of vii | P AGES R ULES OF P ROCEDURE B. Staggered Terms for Smaller Boards. ..................................................... 45 C. Staggered Terms for Larger Boards. ........................................................ 46 D. Simultaneous Service Limitation. ........................................................... 46 E. Vacancies. ............................................................................................... 46 F. Removal. ................................................................................................. 46 G. Filling Vacancy. ..................................................................................... 46 H. Re-appointment. ................................................................................... 47 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW .............................. 47 9.7 RESIDENCY REQUIREMENT ...................................................................... 47 Appendix A: Sample Request to Comment Card ..................................... Appendix A Meeting Packet Page 251 of 307 1 of 47 | P AGES R ULES OF P ROCEDURE §1 . RULES OF PROCEDURE 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council, Boards, Commissions and Committees: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition, O. Garfield Jones D. Roberts Rules of Order, 12th edition, as amended In case of inconsistency, conflict, or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice-Mayor, is the Presiding Officer of all meetings of the Council. In the absence or disability of both the Mayor and the Vice-Mayor, the meeting shall be called to order by the Town Clerk or designee whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. If a majority of the Councilmembers present are unable to agree on a Presiding Officer for the meeting, the meeting shall automatically be adjourned, and all agenda items shall be carried over to the next regular Council meeting. 1.3 PARLIAMENTARIAN The Town Attorney shall serve as Parliamentarian for all meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. Meeting Packet Page 252 of 307 2 of 47 | P AGES R ULES OF P ROCEDURE 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the agenda. 1.5 MAYOR SEATING OF THE COUNCIL The Mayor, prior to the first meeting held in December, will provide the councilmember seating chart to the Town Clerk. 1.6 VICE MAYOR ROTATION The eight-month rotation of the Vice Mayor is based in order of the highest number of votes received at which the councilmember was elected as provided for on the final election results received from Maricopa County Elections. If Councilmember(s) wins at the Primary Election, the Councilmember(s) will placed ahead of those Councilmember(s) who win at the General Election, utilizing the same process as just stated. Meeting Packet Page 253 of 307 3 of 47 | P AGES R ULES OF P ROCEDURE § 2 . DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an agenda is a formal listing of items to be considered by (i) the Council at a noticed meeting of the Council or (ii) the applicable Board, Commission or Committee at a noticed meeting of that body. The content of the agenda may not be changed less than the Thursday prior to the public meeting, except in exceptional circumstances, but in no event shall the agenda be altered less than 24 hours prior to the public meeting, unless otherwise authorized by State Law. 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the agenda and requiring Council consideration or action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The agenda packet is organized as set forth in the Order of Business in Section 5 below and is generally made available electronically to the Council and to anyone on the Town's website by 6:00 p.m. the Thursday prior to the date of the meeting. 2.3 CONSENT AGENDA Items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of Consent Agenda items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or Meeting Packet Page 254 of 307 4 of 47 | P AGES R ULES OF P ROCEDURE by notifying the Town Manager prior to the date of the meeting. The item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. 2.4 COUNCIL Collectively, the Mayor and Common Council of the Town of Fountain Hills. 2.5 COUNCIL RULES The Town of Fountain Hills, Arizona Town Council Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, Boards, Commissions or Committees, at which the Councilmembers, Board members, Commissioners, or Committee members discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record by the Town Clerk or the staff liaison for a Board, Commission or Committee. 2.7 NOTICE A formal announcement to the public that sets the date, time and the place at which a meeting will be held. Such notice of meetings shall be in accordance with the State Law, the Town Code and these Council Rules. Council will approve the new calendar year meeting schedule at the first council meeting in December. 2.8 QUORUM The minimum number of Members of the Council, Board, Commission, or Committee that must be present in order for business to be legally transacted. Unless otherwise specified in State Law or the Town Code, a quorum is the majority of members of the public body. Meeting Packet Page 255 of 307 5 of 47 | P AGES R ULES OF P ROCEDURE 2.9 TOWN The Town of Fountain Hills, an Arizona municipal corporation. Meeting Packet Page 256 of 307 6 of 47 | P AGES R ULES OF P ROCEDURE §3 . MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular meetings on the first and third Tuesday of each month at 5:30 P.M. When deemed appropriate, any regular meeting date of the Council may be changed or cancelled by a majority of the Council. Notice of the rescheduled or cancelled meeting shall be given to the public as is reasonable and practicable under the circumstances and in compliance with State Law. All regular meetings shall be held at the Town Hall Council Chambers or at such places as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular meetings. B. Holidays. When the day for a regular meeting of the Council falls on a legal holiday, no meeting shall be held on such a holiday, but such a meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday, unless the meeting is otherwise cancelled by the Council. 3.2 ADJOURNED MEETINGS Any meeting may be adjourned to a certain time, place and date, but not beyond the next regular Council meeting. Once adjourned, the meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. Reconvened meetings shall not provide for a "Call to the Public". 3.3 SPECIAL MEETINGS The Mayor, the Town Manager, or the Town Clerk (upon the written request of three Councilmembers), may convene the Council at any time after giving at least 24 hours' notice of such a meeting to members of the Council and the public. The notice shall Meeting Packet Page 257 of 307 7 of 47 | P AGES R ULES OF P ROCEDURE include the date, place, time and purpose of such a special meeting. Special meetings shall not provide for a "Call to the Public". 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion or upon the written request of three Councilmembers) may convene the Council in a work session at any time after giving notice at least 24 hours in advance of such a work session to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such work session. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration by the Council than may be possible at a regular meeting. No formal action of the Council may be taken at such a work session, other than consensus or conveying directions to staff for further action. Work sessions shall not provide for a "Call to the Public." 3.5 EXECUTIVE SESSIONS Subject to applicable State Law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town as allowed by State Law such as regarding personnel or for the purpose of obtaining legal counsel. Executive Sessions are closed to the public and shall not provide for a “Call to the Public.” 3.6 EMERGENCY MEETINGS As provided by State Law, the Mayor and Council or the Town Manager may call a special emergency meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a meeting notice 24 hours or more before the meeting. Notice of an emergency meeting of the Council will be posted within 24 hours following the holding of an emergency meeting. The notice will include the emergency meeting's agenda and a brief but Meeting Packet Page 258 of 307 8 of 47 | P AGES R ULES OF P ROCEDURE complete description of the nature of the emergency. Emergency meetings shall not provide for a "Call to the Public". 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With the exception of executive sessions, all regular, special and work session meetings of the Council, Boards, Commissions, and Committees shall be open to the public, including members of the media. Where practicable, all regular, special, and work session meetings of the Council shall be live-streamed through the Town website, the recording of which such shall be archived and available to the public. Members of the public wishing to record meetings using professional audio or video equipment must provide written notification to the Town Manager, or designee, at least one hour before the meeting before setting up any professional equipment. B. Public Comment. Public comment is not taken at executive or work sessions, emergency meetings or at special meetings, unless the special meeting is held in place of a regular meeting, or unless the special meeting includes a public hearing on the agenda. 3.8 MINUTES OF MEETINGS A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session meetings of the Council for the purpose of taking notes and/or audio recordings of the meeting. The Town staff liaison to each Board, Commission or Committee shall ensure staff attendance at all meetings for the purpose of taking notes and/or audio recordings of the meetings. B. Recordings; verbatim written minutes. To the extent possible, all open, public meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed, and actions taken are compiled and entered into the permanent minutes and kept on file in the Office of the Town Clerk. Audio or video recordings of meetings will be retained for a period of time in Meeting Packet Page 259 of 307 9 of 47 | P AGES R ULES OF P ROCEDURE accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. Minutes shall identify speakers by name and shall indicate whether they are Fountain Hills residents, and whether they support or oppose the proposed action (i.e. "for" or "against") along with a summary of the speakers' verbal comments provided at the meeting. Comment cards submitted by individuals not wanting to speak in-person but desiring to indicate whether they support or oppose the proposed agenda action (i.e. "for or against") will be tallied by the Town Clerk and announced. A summary count will be included in the meeting minutes. These comment cards will not be read. C. Availability. All meeting minutes of the Council, Boards, Commissions, and Committees are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State Law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open meetings of the Council, Boards, Commissions, and Committees must be available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by State Law. The Town Clerk, or designee, shall ensure that the minutes of all regular, special meetings, and work sessions of the Council, Boards, Commissions, and Committees are made available through the Town's Website within two working days following their approval, or as provided by State Law. D. Executive Sessions. Minutes of executive sessions (1) shall be confidential; (2) are maintained and secured by the Town Clerk; and (3) may be accessed only as provided by State Law. E. Approval. Minutes of all meetings of the Council (other than executive sessions) may be approved under the consent agenda, unless removed for discussion and separate action. Meeting Packet Page 260 of 307 10 of 47 | P AGES R ULES OF P ROCEDURE §4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public meeting notices of the Council, and shall ensure posting of the meeting notices no less than 24 hours before the date and time set for said meetings in accordance with State Law. The staff liaison to each Board, Commission or Committee shall ensure that agendas are posted in the same manner as for the Council. B. Locations. The Fountain Hills Town Code, Section 2-4-3, states meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall, and the Town's website. 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or designee, shall prepare the agendas for all meetings of the Council as set forth. Agendas of all meetings of the Council shall generally be available to the public on the Thursday prior to said meetings, except in exceptional circumstances. In no event shall the agenda be made available less than 24 hours prior to said meeting unless authorized by State Law. Agendas and agenda packet materials are made available through the Town's website. The staff liaison to each Board, Commission or Committee shall ensure that the agenda is available in the same manner as required for the Council. B. Submittal Process. Items may be placed on the Council agenda for discussion and possible action by the following process (the agenda process for Boards, Commissions or Committees shall be as determined by the applicable Department Head, which shall be substantially the same as the Council agenda submittal process): Meeting Packet Page 261 of 307 11 of 47 | P AGES R ULES OF P ROCEDURE 1. All Departments: Preparation of the Staff Report with signatures of the department director and staff (including all attachments) are provided to the Town Clerk for submittal to the Town Manager not later than the Monday prior to date of the meeting. The Town Manager approves/amends items and signs off, finalizing the item for inclusion in the agenda packet. 2. Mayor and Councilmembers: The Mayor or a Councilmember with the support of two additional Councilmembers, may direct the Town Manager, through the Future Agenda item category, to place an item on the next available agenda within the next three meetings for consideration and possible action. 3. Town Manager and Town Attorney: The Town Manager or Town Attorney may place an item on the agenda by submitting appropriate documentation to the Town Clerk. 4. Person or Group: A person or group may request an item be placed on an agenda through the Mayor or a Councilmember. C. Timelines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 2:00 p.m., not less than eight calendar days prior to regular, work sessions and special meetings to ensure timely delivery to Councilmembers. 2. The Town Manager may approve exceptions to the schedule in order to ensure that the distribution of all agenda packets to the Council is in conformance with these Council Rules. 3. Any requests requiring audio/visual support must be submitted to the Town Clerk for coordination with the information and technology division a minimum of 24 hours prior to the meeting. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective agenda items. D. Agenda Item Submittals for Council Executive Sessions. Items may be placed on the agenda for the Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: Meeting Packet Page 262 of 307 12 of 47 | P AGES R ULES OF P ROCEDURE 1. Submission by a Councilmember, the Town Manager, or the Town Attorney (with notice to all Councilmembers). 2. Submission by the Mayor (with notice to all Councilmembers). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussions prior to placement on the agenda, to ensure that the item is the proper subject of an executive session pursuant to State Law. 4. The Town Attorney shall advise the Town Clerk regarding the appropriate agenda language of executive session items. E. Agenda Packets. Agenda Packets for all noticed meetings (except executive session documentation) of the Council shall be made available to Council members electronically, at least five days before regular meetings and work sessions; provided, however, that agenda packets may be supplemented later under special circumstances so long as no agenda packet material is made available less than 24 hours prior to the meeting, except in the case of exceptional circumstances or an emergency meeting. F. Removal Requests. Requests to remove items from the Consent Agenda occurring after the 24-hour posting deadline will be announced by the Mayor at the beginning of the meeting. The posted agenda will remain unchanged. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all meeting notices and agendas and any documentation provided for said meeting electronically, on the Thursday prior to the meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the meeting notices, agendas and packet documentation, as deemed necessary, are posted to the Town's website and made Meeting Packet Page 263 of 307 13 of 47 | P AGES R ULES OF P ROCEDURE available to the Mayor and Council, the public, Town Manager, Town Attorney, and staff electronically by 6:00 p.m. on the Thursday prior to the date of the meeting. C. Amendments. A posted agenda may be amended up to 24 hours prior to the meeting. In exceptional circumstances, an agenda may be amended up to, but not less than, 24 hours prior to the meeting, unless otherwise authorized by State Law. Amended agendas shall indicate the date amended. 4.4 DISTRIBUTION OF MATERIALS/HANDOUTS FOR PROPOSED LANGUAGE TO AGENDA ITEMS Mayor and Councilmembers: The Mayor and Councilmembers may submit a document/handout for consideration regarding an item on the next Council agenda. The document/handout must be presented to the Town Clerk, or designee, no later than 12:00 PM Noon the day before the council meeting. Handouts submitted after the deadline will not be disseminated to the Council for consideration. The Town Clerk will provide copies of the Mayor's/Councilmember's handout(s) along with any online public comment cards on the dais prior to the Council meeting and will announce the documents when that agenda item is under consideration. This process will ensure the Town Clerk has the document/handout for the permanent record, solve any transparency issues, minimize any potential open meeting violations, and avoid any disruption during the Council meeting. Meeting Packet Page 264 of 307 14 of 47 | P AGES R ULES OF P ROCEDURE §5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each meeting shall be as contained in the agenda. The agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS A. Agenda The agenda shall be prepared substantially in the following order, but may be amended for brevity: AGENDA 1. Call to Order & Pledge of Allegiance 2. Invocation 3. Roll Call 4. Statement of Participation 5. Summary of Current Events by Town Manager 6. Proclamations, Awards, and Recognitions 7. Presentations (if any) 8. Consent Agenda 9. Regular Agenda (action items grouped by subject to the extent possible) 10. Call to the Public 11. Council Discussion/Direction to the Town Manager 12. Future Agenda Items 13. Adjournment All agendas shall have the following statement placed at the bottom: The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) the Thursday prior to the meeting to request reasonable accommodation to Meeting Packet Page 265 of 307 15 of 47 | P AGES R ULES OF P ROCEDURE participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished to the Council are available for review in the Town Clerk's office on the day of the Council meeting, the Council Chamber doors open at 5:15 PM for public seating. B. Roll Call for Attendance. Following the Invocation and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or designee to call the Roll, and the names of Councilmembers both present and absent shall be entered into the minutes. The order of roll call for attendance shall be: Mayor, Vice Mayor and then Councilmembers from the Mayor's far right to the Mayor's far left. C. Statement of Participation. The Statement of Participation may be included on the Agenda and following roll call, shall be read or displayed at each Regular Council meeting, and shall state as follows: Anyone wishing to address the Council regarding items listed on the agenda or during Call to the Public must completely fill out a Request to Comment card located in the back of the Council Chambers and hand it to the Town Clerk prior to the start of the meeting. Once the meeting 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 and if you are a resident for the public record. Comments may not exceed three minutes. It is the policy of the Mayor and Council not to 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. To avoid disruption of the meeting, to maintain decorum, and provide for an equal and uninterrupted presentation, applause is not permitted, except during Proclamations, Awards, and Recognitions. All meeting participants must maintain proper decorum as specified in Section 6 of the Council Rules of Procedure. Meeting Packet Page 266 of 307 16 of 47 | P AGES R ULES OF P ROCEDURE D. Summary of Current Events by Town Manager A three-minute summary of current events may be given by Town Manager on Town- sponsored events and/or activities. (The Arizona Open Meeting Law does not allow discussion or action on any matter mentioned during the Summary of Current Events.) E. Proclamations, Awards, and Recognitions. The Mayor/Presiding Officer or his/her designee may read Proclamations, present Awards, recognize members of the community, or conduct other ceremonial matters as listed on the posted agenda. F. Presentations. The Town Manager may use the Presentations section to provide the Council with an update from Department Directors, contracted service providers, neighboring jurisdictions, and regional organizations. G. Consent Agenda 1. The Consent Agenda includes items that are of such nature that discussion is not required, or issues that have been previously studied by the Council. These items may be adopted by one motion and vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the meeting requests that an item or items be removed for discussion. Councilmembers or the public may not ask a question without removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered as the first item on the Regular Agenda, unless called out of sequence as provided under Section 1.4. (Suspension of the Rules) 4. An explanatory statement shall be included on the Agenda immediately preceding the Consent Agenda heading: All items listed are considered to be routine, non-controversial matters and will be enacted by one motion and vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff Meeting Packet Page 267 of 307 17 of 47 | P AGES R ULES OF P ROCEDURE 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 item will be removed from the Consent Agenda and considered as the first item on the Regular Agenda. The remaining items on the Consent Agenda will be enacted by one motion and vote of the Council. H. Regular Agenda. 1. At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. 2. The Mayor or the Town Clerk, or designee, will then call the Request to Comment cards of those persons desiring to provide input and comments. At the appointed time, speakers will be called in the order the cards were received alternating between those “for” and “against” the agenda item. 3. Those speaking before Council will be allowed a maximum of three minutes to address Council, but time limits may be extended or reduced, (a) upon advice of the Town Attorney, (b) at the discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a meeting, (c) consensus of the Council at a meeting or (d) the Presiding Officer either prior to or during a meeting. Speakers may not (a) reserve a portion of their time for a later time, or (b) transfer any portion of their time to another speaker. 4. Questions or comments from the public shall be limited to the subject under consideration. The total time allocated for questions and comments from the public per agenda item shall not exceed 30 minutes, unless that time is extended as provided under Section 1.4 (Suspension of the Rules). If there are more than ten (10) comment cards requesting to speak, the Presiding Officer may, at the beginning of the agenda item, limit the number of speakers or limit the amount of time per speaker. Meeting Packet Page 268 of 307 18 of 47 | P AGES R ULES OF P ROCEDURE 5. The Town Clerk shall use light and/or sound signals to indicate the commencement of the time for speaking for each speaker and a warning light will flash to show that the appropriate time has passed. A red light, or sound will signal that there is no longer any remaining time. Furthermore, the Mayor, Town Clerk, or other Town staff may mute the microphone when the speaker’s time expires. 6. The Town Clerk shall also notify the Presiding Officer when the total time allocated for all speakers expires. 7. Speakers may also use the online Request to Comment form to provide input regarding an item on the agenda. The online Request to Comment form is found on the Town's website. The speaker must completely fill out the online form, listing a specific agenda item and submit the form no later than 12:00 p.m. on the day before the Council meeting that this item is on the agenda. The Town Clerk will provide electronic copies of these online Request to Comment forms to Councilmembers. Comments provided through the online form process will not be read out loud at the meeting but will be grouped and tallied together by the agenda item number and by categories "for and against". The Town Clerk, or designee, will announce the number of cards received, if any, and number received per category. 8. Generally, agenda items requiring public hearings, other than those of a quasi- judicial nature, shall be conducted in the following order: a. The Presiding Officer will announce the matter that is set forth for a public hearing, will then open the public hearing, and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant, if any to speak regarding the matter. c. The Presiding Officer will request the Town Clerk, or designee, to call on those who have submitted Request to Comment cards. d. After all public comments are heard, the Presiding Officer will close the public hearing and may ask staff or the applicant to respond to the comments. e. Councilmembers may ask the applicant questions though the Presiding Officer. Meeting Packet Page 269 of 307 19 of 47 | P AGES R ULES OF P ROCEDURE f. The Presiding Officer may then call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. g. Upon the conclusion of Council discussion, the Presiding Officer will call for action on the item. h. Exhibits, letters, petitions, and other documentary items presented or shown to the Council during a public hearing agenda item become part of the record of the public hearing and shall be maintained by the Town Clerk. i. Should exhibits or materials be presented at the meeting, ten collated sets of written or graphic materials should be provided by the speaker to the Town Clerk prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8" x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution. The appropriate staff member shall be responsible to notify applicants of this requirement. 9. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. I. Call to the Public. 1. At the time allotted for Call to the Public, the Town Clerk, or designee, will call the Request to Comment cards of those persons desiring to provide input and comments on issues not on the agenda. 2. The total time allocated for Call to the Public shall not exceed 30 minutes, unless that time is extended as provided under Section 1.4 (Suspension of the Rules). The Town Clerk, or designee, shall note at the time Call to the Public commences the exact time the Call to the Public shall conclude. 3. Those speaking before Council on a non-agenda item will be allowed a maximum of three minutes to address Council. Speakers may not (a) reserve a portion of their time for a later time or (b) transfer any portion of their time to another speaker. Meeting Packet Page 270 of 307 20 of 47 | P AGES R ULES OF P ROCEDURE 4. At the conclusion of each speaker's comments, the Presiding Officer may take any or all of the following actions: a. Thank the speaker for addressing the issue. b. Ask staff to review the matter. 5. The Town Clerk shall use light and/or sound signals to indicate the commencement of the time for speaking for each speaker and a warning light will flash to show that the appropriate time has passed. A red light, or sound will signal that there is no longer any remaining time. Furthermore, the Mayor, Town Clerk, or other Town staff may mute the microphone when the speaker’s time expires. 6. The Town Clerk shall notify the Presiding Officer when the total time allocated for Call to the Public has expired. Anyone speaking must immediately conclude their remarks, and no further speakers will be allowed. Speakers who were unable to speak due to time limitations may email comments to mayorcouncil@fountainhillsaz.gov. J. Council Discussion/Direction to the Town Manager. Members of the Council may (1) request the Town Manager follow-up on matters raised at that meeting; (2) request one two-minute response to directed criticism raised any portion of the meeting; (3) a consensus of the Council may request the Town Manager to research a matter and report back to the Council. K. Future Agenda Items. The Mayor or a Councilmember with the support of two additional Councilmembers, may direct the Town Manager to place an item on the next available agenda within the next three meetings for consideration and possible action. L. Adjournment. The open, public meeting of the Council may be adjourned by consensus of the Council. Meeting Packet Page 271 of 307 21 of 47 | P AGES R ULES OF P ROCEDURE M. Request to Comment Cards All persons wishing to speak before the Council on an agenda item or during the Call to the Public shall fully complete a Request to Comment card and submit the card to the Town Clerk, or designee, prior to the start of the meeting. See Appendix A: Sample Request to Comment Card. Incomplete cards and late requests to speak cannot be accepted. Sufficient request cards shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. Completed cards will be retained by the Town Clerk until the draft minutes are approved by the Council at a subsequent meeting. Speakers' names and comments will be included in the meeting minutes. Speakers will be called in the order in which the cards were received alternating between those “for” and “against” the agenda item. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his/her opportunity to speak on that matter. Request to Comment cards submitted by those who indicate they will not speak will be grouped together by the categories of "for" and "against" if the comment relates to an item on the agenda. N. Maintaining Proper Decorum. Proper decorum, in accordance with Section 6, must be observed by Councilmembers, by speakers in providing testimony and remarks, and by the audience. The Presiding Officer shall keep control of the meeting in accordance with Subsection 6.4(C). O. Regular Meeting Live Stream. Except in the event of unavoidable technical difficulties, all regular meetings shall be live streamed through the internet and available through the Town website. A monitor streaming the live proceedings shall be displayed outside of the Council Chambers, absent unavoidable technical difficulties. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special meeting is being held as an extension of or in place of a regular meeting, the agenda shall be as set forth for a regular meeting. Meeting Packet Page 272 of 307 22 of 47 | P AGES R ULES OF P ROCEDURE B. Generally. For all other special meetings, public comment is not provided for on the agenda and may be made only as approved by consensus of the Council, unless an item on the agenda requires a public hearing. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item, if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. The Special Meeting Agenda shall include only the following agenda items as described in Section 5.2 and listed in this order: SPECIAL MEETING AGENDA 1. Call to Order & Pledge of Allegiance 2. Roll Call 3. Consent Agenda 4. Regular Agenda (action items grouped by subject to the extent possible) 5. Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an agenda item, if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. The work session agenda shall include only the following agenda items as described in Section 5.2 and listed in this order: WORK SESSION AGENDA 1. Call to Order 2. Roll Call Meeting Packet Page 273 of 307 23 of 47 | P AGES R ULES OF P ROCEDURE 3. Agenda Items for Discussion (Items Numbered for Order) 4. Adjournment The Work Session Agenda shall include the following explanatory statement: All Items Listed Are for Discussion Only. No Action Can or Will Be Taken. The primary purpose of work sessions is to provide the Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. Meeting Packet Page 274 of 307 24 of 47 | P AGES R ULES OF P ROCEDURE §6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her absence, by the Vice-Mayor). In the absence of both the Mayor and Vice- Mayor, the meeting shall be called to order by the Town Clerk, who shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the chair, subject only to such limitations of debate as are imposed on all Councilmembers, and he/she shall not be deprived of any of the rights and privileges of a Councilmember by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate or shall ask the Councilmember to verbally restate, each question (motion) immediately prior to calling for discussion and the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or designee to verbally announce the results of voting, including the ayes, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 6.4 RULES/DECORUM/ORDER A. Application. 1. Councilmembers: Any Councilmember desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. Meeting Packet Page 275 of 307 25 of 47 | P AGES R ULES OF P ROCEDURE 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to Councilmembers. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. 3. Public: Members of the public attending the meetings shall observe the same rules of order and decorum applicable to the Council, and may only speak when recognized by the Presiding Officer. B. Rules of Decorum 1. All Councilmembers shall preserve order and decorum and shall not delay or interrupt Council proceedings or refuse to follow the direction of the Presiding Officer or the Rules of Procedure. 2. All Councilmembers shall use the queueing equipment to indicate their desire to speak. 3. The Presiding Officer shall not unreasonably withhold recognition from a Councilmember requesting to speak. However, the Presiding Officer may call for a vote as to whether to continue a repetitive discussion or motion. 4. A Councilmember, once recognized, shall limit remarks to no more than two minutes and shall not be interrupted while speaking, unless called to order by the Presiding Officer or a Point of Order or Point of Privilege is raised by another Councilmember. 5. Councilmembers shall not be recognized by the Presiding Officer to speak multiple times on an issue under debate until every Councilmember has been given an opportunity to speak once. 6. If a Councilmember is called to order while speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be out of order, he or she shall remain silent or shall alter remarks so as to comply with the Rules of the Council. Meeting Packet Page 276 of 307 26 of 47 | P AGES R ULES OF P ROCEDURE 7. Remarks and questions by Councilmembers shall be confined to the issue under debate. The Council shall not discuss or debate issues that are not on the formal agenda. 8. Councilmembers shall refrain from making statements adverse to the interests of the Town. If a legal question must be resolved before action can be taken, a Councilmember may raise a Point of Privilege to move to go into Executive Session. 9. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Councilmembers may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Councilmember shall engage in debate directly with such speakers, representatives or Town staff. 10. Speakers shall not question directly, or debate the matter under consideration with staff, other speakers, the audience or Councilmembers; all remarks will be addressed to the Presiding Officer. 11. The Presiding Officer shall not permit any conduct or statements that disrupt or interfere with the orderly conduct of the business of the meeting, such as: a. Personal attacks. b. Indecorous language or behavior. c. Defamatory statements. d. Imputing motives. e. Unauthorized demonstrations or disruptive outbursts, such as applause, stamping of feet, whistles, boos, yells, or any sound or action that disrupts the meeting. f. Threatening or intimidating comments or conduct, whether overt or inferred. g. Yelling, shouting, or screaming. h. Abusive or profane remarks. i. Incitement of violent or illegal acts. Meeting Packet Page 277 of 307 27 of 47 | P AGES R ULES OF P ROCEDURE j. Fighting words, i.e. speech that is likely to provoke an immediate violent reaction. 12. The Presiding Officer must also respect the civil rights of citizens. This means that while the Presiding Officer shall maintain decorum, the Presiding Officer may not restrict speakers from engaging in good faith criticisms of the Town or the actions of the Council. The Presiding Officer also may not engage in viewpoint discrimination. 13. Face coverings that conceal the identity of the wearer are not permitted at meetings, except for (a) properly fitted medical-grade masks or respirators for a bona fide medical condition worn at all times by the wearer, except when recognized to speak before the Council, or (b) religious face coverings that are a part of the wearer’s core tenant of faith and part of the wearer’s consistent public appearance. C. Enforcement of Decorum. Proper decorum is to be maintained during all meetings by the Council, staff and guests. The Presiding Officer shall preserve decorum and decide all questions of order, subject to the appeal to the Council. If proper decorum is not maintained, the Presiding Officer shall have the authority to: a. Recess the meeting for a brief time to abate the disruption. b. Direct a law enforcement offer present at the meeting to remove from the meeting the person(s) whose conduct is disorderly or disruptive. c. Clear the Council Chambers and restrict access to the Council, employees, applicants, and presenters. Members of the public who have completed Request to Comment cards may be granted access at the time allocated for them to speak. The Presiding Officer shall also ensure speakers maintain decorum and, when necessary, shall request that a speaker refrain from improper conduct. If the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (1) recess the meeting for a brief time, and/or (2) direct a law enforcement officer present at the meeting to remove from the meeting the person whose conduct is disorderly or disruptive. Meeting Packet Page 278 of 307 28 of 47 | P AGES R ULES OF P ROCEDURE 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a Councilmember is unable to attend a meeting and desires to participate in the meeting by telephone, the Councilmember shall be permitted to do so provided he/she gives the Town Clerk, or designee, notice of his/her inability to be present at the meeting at least 24 hours prior to the meeting. B. Notation on Agenda. The notice of the meeting and the agenda shall include the following: "Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. Facilities will be used at the meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The minutes of the meeting shall clearly set forth which members are present in person and which are present by telephone. 6.6 ADDRESSING THE COUNCIL A. Manner of Addressing the Council. 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seating area of the Council Chamber. At the podium, the speaker shall clearly state his/her name for the record and shall indicate if he/she is a Town resident. 2. Special assistance for sight and/or hearing-impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk the Thursday prior to a meeting to request an accommodation to participate in the meeting. Meeting Packet Page 279 of 307 29 of 47 | P AGES R ULES OF P ROCEDURE B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Council by any member of the public during the “Call to the Public” or under an action item, shall be subject to the following limitations: 1. All speakers wishing to address the Council shall complete and submit a Request to Comment form as set forth in Subsection 5.2(M). 2. The Presiding Officer shall limit the “Call to the Public” and public comment on each agenda item to no more than thirty (30) minutes to allow the meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. 4. The Presiding Officer may further limit the number of speakers or duration of the comment period as reasonably necessary to allow the meeting to end in a timely manner. C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn c. Recess d. Point of Order or Privilege e. Table f. Limit or terminate discussion g. Postpone or continue h. Amend i. Postpone Indefinitely Meeting Packet Page 280 of 307 30 of 47 | P AGES R ULES OF P ROCEDURE j. Main Motion 3. Motions Defined: Point of Order: A point of order may raised by a Member when there is a disturbance, lack of decorum, or to raise a question of whether there has been a breach of the Rules of Procedure. A point of order can interrupt any speaker, does not require a second, is not debatable, is not amendable, and cannot be reconsidered. Once raised, the Presiding Officer shall determine the Point of Order and may consult with the Parliamentarian in so doing. Once determined, the Presiding Office’s decision may be challenged by an appeal from any Member. If any appeal is taken, the question (motion) shall be substantially similar to the following: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such Point of Order. If the Presiding Officer fails to act on a Point of Order, any Member may move to require the Presiding Officer to enforce decorum. An affirmative vote of the majority shall require the Presiding Officer to act. Point of Privilege: A point of privilege allows a member to interrupt proceedings to address urgent matters affecting their ability to participate, their reputation, or the assembly's comfort, safety, or rights. A Point of Personal Privilege addresses an individual member's concerns, such as a misquoted statement, inability to hear, or an unfair attack on their character, allowing them to clarify or correct the record. Point of General Privilege address concerns the comfort, safety, or rights of the entire assembly, like a broken microphone, extreme heat, or a need to call for a closed executive session. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of Meeting Packet Page 281 of 307 31 of 47 | P AGES R ULES OF P ROCEDURE the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two- thirds vote. The vote shall be taken by voice. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. Motion to Continue: Motions to continue shall be debatable only as to the propriety of postponement. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. Motion to Amend: A motion to amend shall be debatable only as to the amendment. a. A motion to amend an amendment on the floor shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. Amendments shall be voted on first, prior to consideration of subsequent amendments. After all amendments have been voted on, the Council shall vote on the main motion (as amended, if applicable). Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. Meeting Packet Page 282 of 307 32 of 47 | P AGES R ULES OF P ROCEDURE D. Addressing the Council after Motion is made. After the motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. E. Voting Procedure. After discussion has been concluded and the Mayor, the Councilmember who made the motion or the Town Clerk has restated the motion under consideration, the following procedure shall apply: 1. Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the meeting minutes. Upon the request of the Mayor or a Councilmember, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by the names of the Councilmembers voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a Councilmember has declared a Conflict of Interest, the Town Clerk shall include a statement such as "Abstained due to declared Conflict of Interest" in the official minutes as part of the results of the vote. The Councilmember shall fill out a "Conflict of Interest" form and submit it to the Town Clerk for the record prior to the end of the meeting at which the conflict was declared. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of members in random order with each new vote concluding the vote with the Vice Mayor and Mayor respectively. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All Councilmembers in attendance at a duly called meeting that requires formal Council action are required to vote. A member may Meeting Packet Page 283 of 307 33 of 47 | P AGES R ULES OF P ROCEDURE abstain from voting only if he/she has a Conflict of Interest under State Law, in which case such member shall take no part in the deliberations on the matter in question. Councilmembers should contact the Town Attorney to verify if they have a conflict of interest, prior to meeting the Councilmember perceives they have a Conflict of Interest. b. Should a Councilmember fail to vote "Aye" or "Nay" or offer a voluntary abstention, his/her vote shall be counted with the majority of votes cast, unless the Councilmember's vote is excused by the State Law; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any Councilmember who voted with the majority may move a reconsideration of any action at the same or next regular meeting. To ensure that the open meeting law requirements are met, a written request from such Councilmember must be submitted to the Town Clerk's Office at least eight days prior to the next regular meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Council. 4. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Council. Meeting Packet Page 284 of 307 34 of 47 | P AGES R ULES OF P ROCEDURE §7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Councilmember may find himself/herself in a situation that requires a Councilmember to remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Councilmember has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision which might unduly affect their personal interests or those of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self-dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law as now set forth or as amended in the future, applies to all actions taken by Councilmembers, Board members, Commissioners, and Committee members. 7.4 DISCLOSURE OF INTEREST Any Councilmember, Board member, Commissioner, or Committee member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State Law. Any member who has a conflict of interest in any decision must disclose that interest at the meeting and in writing on a form provided by the Town Clerk, or designee. The disclosure of the conflict shall include a statement that the member withdraws from further participation regarding the matter. The Town Clerk or designee shall maintain for public inspection all Meeting Packet Page 285 of 307 35 of 47 | P AGES R ULES OF P ROCEDURE documents necessary to memorialize all disclosures of a conflict of interest by a member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Councilmember, Board member, Commissioner, or Committee member must not communicate about the matter with anyone involved in the decision-making process in any manner. Further, the member should not otherwise attempt to influence the decision and should remove himself/herself from the Council Chambers, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation that the majority of Councilmembers, Board members, Commissioners, or Committee members have a conflict of interest, and the Council, Board, Commission or Committee is unable to act in its official capacity, members may participate in the discussion and decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (A) part of the compensation they would normally be entitled to for performing their duties or (B) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State Law. Meeting Packet Page 286 of 307 36 of 47 | P AGES R ULES OF P ROCEDURE 7.9 NON-STATUTORY CONFLICTS OF INTEREST Occasionally, a Councilmember, Board member, Commissioner, or Committee member may feel that he/she should ethically refrain from participating in a decision even though the circumstances may not amount to a conflict of interest under the State Law. It is the policy of the Council to encourage members to adhere to strongly held ethical values, which are exercised in good faith. However, Subsection 6.6(E)(2) encourages participation in the decision-making process unless the matter involves a statutory conflict of interest set forth by State Law. Meeting Packet Page 287 of 307 37 of 47 | P AGES R ULES OF P ROCEDURE §8. CODE OF ETHICS PREAMBLE: The residents of Fountain Hills are entitled to have a fair, ethical, and accountable government, which has earned the public's full confidence. In keeping with the Town of Fountain Hills' commitment to the effective functioning of government, public officials, both elected and appointed, shall comply with the laws and policies affecting the operations of government; be independent, impartial and fair in their judgment and actions and use their office for the public good and not for personal gain. The purpose of this policy for the Town is to ensure the quality of the Town Government through ethical principles that shall govern the conduct of the Council and members of the Town's Boards, Commissions, and Committees. In furtherance of this purpose, Town Council, Board, Commission and Committee Members, shall: 8.1 OBEY THE CONSTITUTION AND LAWS OF THE UNITED STATES OF AMERICA, THE CONSTITUTION, AND LAWS OF THE STATE OF ARIZONA AND THE LAWS OF THE TOWN OF FOUNTAIN HILLS. WORK TO ENACT AND ENFORCE LAWS THAT PROMOTE THE WELL-BEING OF OUR COMMUNITY. 8.2 AFFIRM THE DIGNITY AND WORTH OF THE SERVICES RENDERED BY THE TOWN GOVERNMENT AND MAINTAIN A DEEP SENSE OF SOCIAL RESPONSIBILITY AS A TRUSTED PUBLIC SERVANT. 8.3 BE DEDICATED TO THE HIGHEST IDEALS OF HONOR, ETHICS, AND INTEGRITY. A. Public Confidence. We shall conduct ourselves so as to maintain public confidence in Town government and in the performance of the public trust. We Meeting Packet Page 288 of 307 38 of 47 | P AGES R ULES OF P ROCEDURE recognize our responsibility, when serving in our official capacity, and will practice the following: • Engage in constructive conversations and debates that encourage the exchange of ideas while avoiding personal attacks or derogatory language. • Refrain from making verbal attacks upon the character or motives of other members of the Council, Boards, Commissions, the staff, or the public. • Refrain from making disparaging remarks about the other members of the Council, Boards, Commissions, the staff, or the public. B. Impression of Influence. We shall conduct our official and personal affairs in such a manner as to give a clear impression that we cannot be improperly influenced in the performance of our official duties. C. Advocacy. We shall represent the official policies or positions of the Town Council, Board, or Commission to the best of our ability when designated as delegates for this purpose. When presenting our own individual opinions and positions to the public, the media, or other stakeholders, we shall state they do not represent the Council or the Town of Fountain Hills nor imply that they do. 8.4 SEEK NO FAVOR; BELIEVE THAT PERSONAL BENEFIT OR PROFIT SECURED BY CONFIDENTIAL OR PRIVILEGED INFORMATION OR BY MISUSE OF PUBLIC TIME IS DISHONEST. A. Private Employment. We shall take any steps necessary to ensure that we comply with the State Law regarding conflicts of interest when we engage in, solicit, negotiate for, or promise to accept private employment or render services for private interests or conduct a private business. B. Confidential Information. We shall not disclose to others, or use to further our personal interest, confidential information acquired in the course of our official duties. C. Gifts. We shall not directly or indirectly, in connection with service to the Town, solicit any gift or accept or receive any gift - of any value - whether it be money, services, loan, travel, entertainment, hospitality, promise, or any other form of Meeting Packet Page 289 of 307 39 of 47 | P AGES R ULES OF P ROCEDURE gratuity. This policy shall not apply to hospitality, transportation or other assistance provided to Town officials when such hospitality, transportation or other assistance is (i) directly related to their participation in community events as a representative of the Town or (ii) of inconsequential value and accepted as a courtesy. D. Investment in conflict with official duties. We shall not invest or hold any investment, directly or indirectly, in any financial business, commercial or other private transaction that creates a conflict with our official duties. E. Personal relationships. Personal relationships shall be disclosed in any instance where there could be the appearance of conflict of interest or a conflict of interest. All members of the Council, Boards, Commissions, or Committees shall acknowledge in writing, on a form provided by the Town Clerk, or designee, receipt of these provisions relating to ethics. Meeting Packet Page 290 of 307 40 of 47 | P AGES R ULES OF P ROCEDURE §9. BOARDS, COMMISSIONS, AND COMMITTEES The Fountain Hills Council may create such Boards, Commissions, or Committees as deemed necessary to assist in the conduct of the operation of Town government. The Council may authorize and direct the Town Manager to establish ad hoc committees as needed in order to provide additional flexibility with regard to conducting Town business. 9.1 REGULARLY SCHEDULED OR UNSCHEDULED BOARDS, COMMISSIONS AND COMMITTEES A. Classification. All Boards, Commissions, or Committees of the Town shall be classified as regularly scheduled or unscheduled Boards, Commissions, or Committees. Regularly scheduled Boards, Commissions, or Committees are those that meet on a regularly scheduled basis or may be quasi-judicial in nature. Unscheduled Boards, Commissions, or Committees meet on an as-called basis. B. Regularly Scheduled. Regularly scheduled Boards, Commissions, or Committees include: 1. Planning and Zoning Commission 2. Community Services Advisory Commission 3. Strategic Planning Advisory Commission 4. Municipal Property Corporation 5. Historic and Cultural Advisory Commission C. Unscheduled. Unscheduled Boards, Commissions, or Committees: 1. Ad Hoc Committees 2. Board of Adjustment Meeting Packet Page 291 of 307 41 of 47 | P AGES R ULES OF P ROCEDURE D. Sunset. Except for the Planning and Zoning Commission and Board of Adjustment, any Boards, Commissions, or Committees created shall cease to exist (1) upon the accomplishment of the special purpose for which it was created, or (2) when abolished by a majority vote of the Council. 9.2 SELECTION OF BOARD, COMMISSION, OR COMMITTEE MEMBERS A. Call for Applications. The call for applications to fill vacant seats for Boards, Commissions, or Committees may include a request for: 1. The application that describes the applicant's skills, experience, and educational background are needed to ensure the successful filling of the vacancy. Applicants may submit a resume along with the application; however, not in lieu of filling out the application. 2. Responses to the supplemental questionnaire specific to a Board Commission, or Committee application, if such questionnaire is included. 3. The Consent to Executive Session form. 4. If a member whose term will be expiring wishes to reapply for an additional term on the same Board, Commission or Committee, such member is exempt from filing those items as listed in Subsections 9.2 (A)(1 and 2). However, such member shall submit in writing, on a form provided by the Town Clerk or designee that includes a request for the Council's consideration of reappointment in addition to the Consent to Executive Session form as listed in Subsection 9.2(A)(3). The member may include any new or additional information that is relevant to the original application already on file. B. Advertising/Timing and Location. The Town Clerk or designee shall be responsible for advertising to fill vacant seats to Boards, Commissions, and Committees for at least two weeks and no later than two months, prior to the expiration of the current Board, Commission, or Committee member(s) term, via the Town's three official posting sites as listed in Section 2-4-3 of the Fountain Hills Town Code. The application will be placed on the Town's website Meeting Packet Page 292 of 307 42 of 47 | P AGES R ULES OF P ROCEDURE for public access with hard copies made available to the public through the Town's Customer Service Representative. C. Advertisement Contents. Advertisement of vacancies shall include the following: 1. The name of the Board, Commission, or Committee. 2. The number of vacancies to be filled. 3. A brief description of the Board, Commission, or Committee. 4. A brief description of the qualifications, skills and experience background applicants should possess, if any. 5. An overview of when the Board, Commission, or Committee meets. 6. The deadline for submitting applications. 7. Listing of applicant information required and location where application packets may be obtained. 8. Staff Liaison contact information. D. Staff Review. Individuals applying for Boards, Commissions, or Committees must submit to the Town Clerk or Staff Liaison those items as listed in Subsection 9.2(A) by the published deadline. The Town Clerk or Staff Liaison will review the application(s) to ensure that the applicant(s) meet the qualifications as listed in Subsection 9.4(A) E. Council Materials. The staff liaison to the Board, Commission, or Committee will assemble and copy all application packets and provide all supporting materials to all Councilmembers. F Subcommittee Review/Interview. The Council subcommittee shall interview all applicants, unless there are more than five applicants for each vacancy, in which case the subcommittee may choose, at its discretion, to limit the number of interviewed applicants to five per vacancy after meeting to review all of the applications. The staff liaison will schedule an appropriate time to interview qualified applicants in person or via telephone and shall prepare and post the agenda for an executive session in accordance with the Arizona open meeting law for said interviews. Interviews shall be conducted in Executive Session unless the applicant requests the interview be held at a public meeting. Meeting Packet Page 293 of 307 43 of 47 | P AGES R ULES OF P ROCEDURE G. Subcommittee Recommendation. After the interviews have concluded, the staff liaison, Town Clerk or the Council Subcommittee Chair shall advise the Mayor of the subcommittee's discussion and appointment recommendation(s). H. Council Consideration. The Staff Liaison shall prepare the Staff Report according to the submission deadline and provide to the Town Clerk, or designee, for the next appropriate Council meeting agenda, including the following information: (1) a review of the steps taken to recruit applicants, (2) the number of vacancies to be filled along with the names of those members whose terms expire, (3) the number of applications received and (4) the specific term to be filled. I. Notification of Council Meeting. The staff liaison shall notify the appointee(s) that he/she is a possible candidate for appointment to a Board, Commission, or Committee and suggest that he/she may want to be present at the scheduled meeting when the recommendation is presented to the Council. J. Notification of Council Action. Following the Council's approval of the Mayor's appointment(s) to a Board, Commission, or Committee, the Town Clerk or designee shall notify appointees as to their appointment and provide them with an Oath of Office, Ethics Policy and Open Meeting Law Affim1ation for their signature and return. Those applicants not chosen to fill a vacancy on a Board, Commission, or Committee, will be provided written notification by the Staff Liaison outlining the Council's appointments and they will be provided with an application of interest for consideration of applying for any other Board, Commission, or Committee vacancies. K. Appointee Orientation. The Staff Liaison will provide specific details to the new appointees relative to: (1) their attendance at the "official" Board, Commission, or Committee orientation, and (2) all official literature, agendas, minutes, or other materials specific to their appointment. Meeting Packet Page 294 of 307 44 of 47 | P AGES R ULES OF P ROCEDURE 9.3 RECOMMENDATIONS FOR APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES A. Appointments Subcommittee. The Mayor may annually appoint Council Subcommittees for Board, Commission, or Committee appointments. Each subcommittee shall be made up of three Councilmembers. The Mayor may appoint himself/herself to this subcommittee. If no such subcommittee is appointed, at a minimum, a quorum of the Fountain Hills Town Council shall review applications and conduct interviews for the various Boards, Commissions, or Committees to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. B. Subcommittee Purpose. The purpose of this Council Subcommittee is to review applications, interview applicants (in Executive Session) and provide a recommendation to the Mayor for possible appointment to fill vacancies based upon the applicants' skills, experience, and background as required under Section 9.4. C. Appointment Timing. The process of application review and interviews will be conducted in such a manner as to allow for the appointments to coincide with the term expiration of the current Board, Commission or Committee member(s) term or as soon thereafter as reasonably possible. 9.4 QUALIFICATIONS FOR APPOINTMENTS; EMPLOYEES OR APPOINTED OFFICERS AS MEMBERS A. Minimum Qualifications. All members of Boards, Commissions, and Committees shall meet the following minimum qualifications upon their appointment to any Board, Commission, or Committee. Each member must be: 1. Eighteen years of age or older, for any Board, Commission, or Committee seats, designated by Council; except for members appointed to Youth Commissioner position for youth representation. Meeting Packet Page 295 of 307 45 of 47 | P AGES R ULES OF P ROCEDURE 2. A Fountain Hills resident for at least one year, unless the Council specifically waives this time or residency requirement for a specific Board, Commission or Committee. 3. A qualified elector, except for youth appointees. B. Prohibited Appointees. Town employees or appointed officers shall not be eligible for appointment to any Board, Commission, or Committee but may be requested to provide staff support thereto. Councilmembers are prohibited from serving on regularly scheduled commissions as listed in Subsection 9.1(B) and the Board of Adjustment. C. Ex-Officio Members. The Mayor, with the consent of the Council, may from time to time appoint ex-officio members to those Boards, Commissions or Committees as set forth in the bylaws of such body. Such members shall serve at the pleasure of the Mayor and Council. Ex- officio members shall not be entitled to vote on any matter brought before the commission. 9.5 TERMS, VACANCIES, REMOVAL A. Terms. All members of unscheduled Boards, Commissions, and Committees shall serve a term of up to three years, or until the Board, Commission, or Committee is dissolved, unless Council action, Town Code, or Arizona Revised Statutes specifically designates terms. B. Staggered Terms for Smaller Boards. For those regularly scheduled Boards, Commissions, and Committees having five members or fewer, the terms of office shall be staggered so that no more than two terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any Boards, Commission, or Committee that will be in existence for a single term. Meeting Packet Page 296 of 307 46 of 47 | P AGES R ULES OF P ROCEDURE C. Staggered Terms for Larger Boards. For those Boards, Commissions, and Committees having more than five members but less than eight members, the terms of office shall be staggered so that no more than three terms shall expire in any single year when possible; provided, however, that no staggering of terms shall be required for any Board, Commission, or Committee that will be in existence for a single term. D. Simultaneous Service Limitation. No individual may serve as a voting member on more than one regularly scheduled or unscheduled Board, Commission, and Committee at one time. E. Vacancies. A vacancy on a Board, Commission, or Committee shall be deemed to have occurred upon the following: 1. Death or resignation of a member of a Board, Commission, or Committee. 2. A member ceasing to be a resident of the Town of Fountain Hills, unless the Council has provided that such member may be a non-resident. 3. Three successive unexcused or unexplained absences by a member from any regular or special Board, Commission, or Committee meetings. However, the term of all members shall extend until their successors are appointed and qualified. F. Removal. Any Board, Commission, or Committee member may be removed as a member to that Board, Commission, or Committee, or in accordance with Article 2A-1-1 of the Fountain Hills Town Code. G. Filling Vacancy. Whenever a vacancy has occurred on one Board, Commission, or Committee procedures described in Sections 9.2, 9.3, and 9.4 will be used to generate applicants, interview applicants, and make a recommendation for a potential appointee. One exception to this rule is that if a vacancy should occur within twelve months of a subcommittee's interviewing process for said Board, Commission, or Committee, and the subcommittee had submitted a ranking of those previously Meeting Packet Page 297 of 307 47 of 47 | P AGES R ULES OF P ROCEDURE interviewed, a recommendation may be forwarded to the Mayor for appointment of the unexpired term based on said ranking. H. Re-appointment. An incumbent member of a Board, Commission, or Committee seeking reappointment shall submit, in writing, on a form provided by the Staff Liaison that includes a request for the Council's consideration of reappointment in addition to the consent to executive session form by the published deadline in order to be considered for appointment by the Council. The member may include anyone or additional information that is relevant to the original application already on file. 9.6 APPLICABILITY OF THE ARIZONA OPEN MEETING LAW All Board, Commission, or Committee are subject to the Arizona Open Meeting Law and therefore shall attend the Town's Annual Open Meeting Law training. 9.7 RESIDENCY REQUIREMENT Members of all Boards, Commissions, or Committees shall be residents of the Town. Meeting Packet Page 298 of 307 A PPENDIX A R ULES OF P ROCEDURE APPENDIX A Sample Request to Comment Card Meeting Packet Page 299 of 307 ITEM 8.e. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 2/3/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Administration / Finance Prepared by: Paul Soldinger, Chief Financial Officer Staff Contact Information: Phone: 480-816-5160 Email: psoldinger@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) DISCUSSION AND POSSIBLE DIRECTION: Directing the Town Manager to Send the Governor a Letter of Support for Tax Conformity SB1106. Staff Summary (background) At the January 20, 2026, Council meeting, Vice Mayor Skillicorn requested a future agenda item directing the Town Manager to write a letter to the Governor in support of SB1106. This bill was put forth for tax conformity with recent federal tax changes and was vetoed by the Governor on January 16, 2026. Councilmembers Larrabee and Earle also supported this future agenda item, and therefore, staff placed it on the agenda tonight for discussion and possible direction. Summary of Arizona Senate Bill 1106 Arizona Senate Bill 1106 was a legislative proposal during the 2026 session that sought to align the state’s individual income tax code with recent changes in the federal Internal Revenue Code, including provisions retroactive to the 2025 tax year. The bill would have amended Arizona Revised Statutes to reference the federal code as of January 1, 2026, incorporating certain federal tax provisions and adding several state tax adjustments affecting retirement income, dependent credits, and childcare deductions. Key Provisions and Intent • The bill aimed to conform state tax law to federal changes enacted through federal budget reconciliation legislation, with the intent of simplifying filings and reducing taxpayer confusion. • It included new or expanded deductions and credits for certain taxpayers, such as retirement income and dependent care, alongside a retroactive effective date for the 2025 tax year. • Proponents viewed the measure as a means of providing tax relief and ensuring state conformity with federal rules, while opponents expressed concern about revenue reductions and the distributional effects of the changes. Fiscal Impacts on State and Local Governments • According to the Joint Legislative Budget Committee fiscal note, the conformity and Meeting Packet Page 300 of 307 related changes proposed in SB 1106 were projected to reduce Arizona’s General Fund income tax revenues by approximately $441.3 million in FY 2026 and hundreds of millions annually in subsequent years. • Because a portion of individual income tax revenue is shared with cities and towns under the Urban Revenue Sharing formula, a reduction in state income tax collections would have a corresponding impact on municipal revenues. The JLBC estimated that the bill would reduce municipal revenue from state shared income tax by about $79.4 million statewide in FY 2028, declining to approximately $53.4 million by FY 2031. • As state shared income tax distributions are based on population and the statewide income tax base, changes in income tax collections have a direct, proportional effect on the revenue cities and towns, including Fountain Hills, receive. As a result, revenue reductions could have fiscal implications, potentially influencing long-term financial planning, service delivery, and capital investment strategies. 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 N/A FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS None Meeting Packet Page 301 of 307 ITEM 8.f. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 2/3/2026 Meeting Type: Town Council Regular Meeting Submitting Department: Administration / Town Clerk Prepared by: Angela Espiritu, Executive Assistant/Deputy Town Clerk Staff Contact Information: Phone: 480-816-5107 Email: aespiritu@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) CONSIDERATION AND POSSIBLE ACTION: Related to any item included in the Arizona Cities and Towns' weekly Legislative Bulletin or relating to any action proposed or pending before the State Legislature. Staff Summary (background) n/a 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 n/a FISCAL IMPACT Fiscal Impact: N/A Budget Reference: N/A Funding Source: N/A ATTACHMENTS 1. AZ League Bulletin Meeting Packet Page 302 of 307 View in browser Print Version Legislative Update: Welcome to the third week of the legislative session. To date, 1,325 bills have been introduced along with 86 resolutions or memorials. . Executive Budget Hearing On Tuesday, January 20, Ben Henderson, Director of the Governor ’s Office of Strategic Planning and Budgeting, presented Governor Katie Hobbs’ FY27 Executive Budget to a joint hearing of the House and Senate Appropriations Committees. Republican lawmakers sharply questioned the administration’s revenue assumptions, pointing to a cumulative difference in FY 26 – 29 of more than $500 million between the Governor ’s projections and those adopted by the Joint Legislative Budget Committee over the next several fiscal years. The Executive Budget proposes eliminating the Computer Data Center Program tax incentives enacted in 2013, with the administration arguing the incentives are no longer needed given Arizona’s position as the second-largest data center market globally. Republicans raised concerns about the lack of a grandfather clause for existing investments. The budget also establishes a Colorado River Protection Fund for water conservation, initially funded with a $30 million Meeting Packet Page 303 of 307 General Fund appropriation and supported by an ongoing $0.01-per-gallon water usage fee assessed on data centers. Another major point of contention was the budget’s reliance on approximately $760 million in federal reimbursement for border-related expenses, which Republicans expressed skepticism the state will fully receive. Despite broader disagreements, lawmakers from both parties expressed support for $24 million to fund correctional officer bonuses, preventing an estimated $2,000 pay reduction this year. Republican leadership indicated the Executive Budget is unlikely to advance in its current form, setting the stage for extended negotiations in the months ahead. Photo Radar On Tuesday, the Senate Committee on Appropriations, Transportation and Technology approved SCR 1004: photo enforcement systems; prohibition on a 6–4 party-line vote. The measure would prohibit local governments from using photo enforcement systems to identify violations of speed limits or traffic control devices. If approved by the Legislature, the proposal would be referred to voters on the 2026 general election ballot, bypassing the Governor ’s veto authority. Supporters of the measure argued that photo enforcement undermines due process and is driven more by revenue than public safety. Opponents counter that photo radar is an important public safety tool and that decisions about its use should remain local. League of Arizona Cities and Towns stands opposed to SCR 1004 due to concerns over erosion of local control and the removal of community choice. 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 1054: municipal; county; measures; standing (Roger s) Senate Committee on Government Grants standing to any resident or business entity conducting business in this state to file a civil action challenging a county or municipal measure that includes an emergency clause. Position: OPPOSED Hearing: January 28, 2026, at 9:00 a.m. in SHR 1 SB 1167: cities; towns; counties; posting; website (Angius) Senate Committee on Government Meeting Packet Page 304 of 307 Session Deadlines Allows municipalities and counties to satisfy statutory requirements for advertising, publishing, or printing notices by posting them on the entity’s official website. Requires the website to include a public notices link on the homepage that organizes all required notices by category. Exempts notices of proposed city or town charters from the website-only posting option. Position: SUPPORT Hearing: January 28, 2026, at 9:00 a.m. in SHR 1 HB 2460: business proper ty; theft; penalties; prohibition (Kupper) House Committee on Government Prohibits municipalities and counties from adopting or enforcing ordinances that penalize a business for the theft of the business’s movable property. Prohibits fines, fees, cost recovery requirements and compliance mandates imposed on a business when the underlying conduct results from theft of the business’s movable property. Authorizes municipalities and counties to notify businesses of the location of stolen property, pursue penalties against the perpetrator and enforce general nuisance ordinances that do not penalize the business for theft. Position: OPPOSED Hearing: January 28, 2026, at 9:00 a.m. in HHR 5 SB 1216: traumatic event counseling (Payne) Senate Committee on Public Safety Expands eligibility for employer-paid traumatic event counseling to include crime scene technicians and digital forensics technicians as public safety employees. Eliminates the repeal date of January 1, 2027. Position: SUPPORT Hearing: January 28, 2026, at 1:30 p.m. in SHR 109 HB 2317: traffic; vehicle laws; cities;prohibition (Aguilar) House Committee on Transportation & Infrastructure Prohibits local authorities from enacting or enforcing an ordinance or regulation that prohibits "cruising," defined as the repetitive driving of a motor vehicle past the same place without a destination or particular purpose within a specified time period. Position: OPPOSED Hearing: January 28, 2026, at 2:00 p.m. in HHR 3 Meeting Packet Page 305 of 307 Every session has deadlines pertaining to bill submissions and hearings. These are established by Senate and House rule and are subject to change. This year’s schedule is as follows: February Monday 2/2: Senate Bill Introduction Deadline Monday 2/9: House Bill Introduction Deadline Friday 2/20: Last day for consideration of bills in chamber of origin March Friday 3/27: Last day for consideration of bills in opposite chamber April Friday 4/17: Last day for consideration of bills in conference committee Tuesday 4/21: 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 Nicholas Medel, Legislative Intern: nmedel@azleague.org #Keepup with us on X. Keep up with the issues and events. CLICK HERE What the League is Tracking Stay informed about legislation that affects municipalities throughout the state. Track proposed bills and resolutions, stay updated on their progress, Meeting Packet Page 306 of 307 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 Meeting Packet Page 307 of 307