HomeMy WebLinkAbout2026.0901.TCRS.AGENDA.PACKET
NOTICE OF REGULAR MEETING
OF THE TOWN COUNCIL
Mayor Gerry M. Friedel
Vice Mayor Gayle Earle Councilmember Peggy McMahon
Councilmember Brenda J. Kalivianakis Councilmember Allen Skillicorn
Councilmember Hannah Larrabee Councilmember Rick Watts
TIME:
WHEN:
WHERE:
5:30 PM - REGULAR MEETING
DOORS OPEN 15 MINUTES PRIOR TO THE START OF THE MEETING
TUESDAY, SEPTEMBER 1, 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. 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.
PARTICIPATION IN PUBLIC MEETINGS
Request to Comment Cards - To speak or submit written comments, a Request to Comment card is required.
Cards must be completed and submitted to the Town Clerk before the meeting begins. Late or incomplete
cards will not be accepted. A separate card is required for each agenda item.
Agenda Items (Consent or Regular) - Request to Comment cards must include the agenda item number,
whether the speaker is FOR or AGAINST the item, and whether the individual wishes to speak or submit written
comments.
Online Request to Comment cards may be submitted for regular agenda items only to either provide written
comments or request to speak at the meeting. Online submissions must be received by 12:00 PM the day
before the meeting at: https://www.fountainhillsaz.gov/publiccomment. Online comments are shared with the
Town Council.
Call to the Public requests are accepted in person only. Request to Comment cards must be submitted prior to
the meeting commencing. Online submissions are not accepted for Call to the Public.
Speaking Rules - Speakers may speak only when recognized by the Presiding Officer and are limited to three (3)
minutes. All comments must be directed through the Presiding Officer, not to individual Councilmembers or
staff.
Request to Comment cards and submitted information are public records 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).
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1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
2. INVOCATION
a. INVOCATOR: Pastor Dee Pavia, Christ's Church of Fountain Hills
3. ROLL CALL
4. STATEMENT OF PARTICIPATION
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.
5. SUMMARY OF CURRENT EVENTS BY TOWN MANAGER
6. PROCLAMATIONS, AWARDS, AND RECOGNITIONS
a. RECOGNITION: Strategic Planning Advisory Commissioners Randy Crader (May 2025–
August 2026) and Paul Smith (May 2024– August 2026).
b. RECOGNITION: History and Culture Advisory Commissioner Tim Yoder (November
2023–July 2026).
7. PRESENTATIONS
a. PRESENTATION: Republic Services Non-Profit Grant Award Program
b. PRESENTATION: Downtown Fountain Hills Strategy Update
8. CONSENT AGENDA
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.
a. CONSIDERATION AND POSSIBLE ACTION: Approving the minutes of the Town Council
Regular and Special Meeting of June 2, 2026, the Town Council Regular Meeting of
June 16, 2026, and the Town Council Special Meeting of June 30, 2026.
b. CONSIDERATION AND POSSIBLE ACTION: Approving the minutes of the Eagle
Mountain Community Facilities District Board Meeting of June 2, 2026.
c. CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-20, accepting
Gila River Indian Community Grant Funding on behalf of the Fountain Hills Unified
School District.
d. CONSIDERATION AND POSSIBLE ACTION: Approving a Budget Authority Transfer
from Capital Projects Fund contingency into the budget for the Fountain Park Ramada
Replacement Project.
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e. CONSIDERATION AND POSSIBLE ACTION: Approving a Budget Authority Transfer
from Capital Projects Fund contingency into the budget for the construction of
Skyview Park.
9. REGULAR AGENDA
a. CONSIDERATION AND POSSIBLE ACTION: Related to FY26-27 Pavement Management
Selections and Funding
b. CONSIDERATION AND POSSIBLE ACTION: Ratifying the Town Manager’s emergency
authorization and necessary budget transfers for the purchase and installation of a
replacement pump for the Panorama Drive Storm Drain Channel pump-back system
from Laveen Pump Company.
c. DISCUSSION AND POSSIBLE DIRECTION: Regarding amendments to the Town Code,
Sections 10-2-8 and 10-2-9, relating to handbills.
d. CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2026-04, increasing a
stipend up to $750 per month for Council Members and increasing a stipend up to
$1,100 per month for the Mayor beginning December 1, 2026.
e. CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2026-05, aligning
annual Council stipend adjustments with Town staff pay adjustments.
10. CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01, or as prescribed by state law.
11. 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.
12. FUTURE AGENDA ITEMS
13. ADJOURNMENT
Dated this 24 day of August, 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
AZRelay 7-1-1 the Thursday prior to the meeting to request reasonable accommodation.
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ITEM 6.a.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Town Clerk
Prepared by: Hannah Martin, Executive Assistant
Staff Contact Information: Phone: 480-816-5107
Email: hmartin@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
RECOGNITION: Strategic Planning Advisory Commissioners Randy Crader (May 2025–
August 2026) and Paul Smith (May 2024– August 2026).
Staff Summary (background)
The Mayor and Town Council will recognize Strategic Planning Advisory Commissioners
Randy Crader, who served from May 2025 to August 2026, and Paul Smith, who served from
May 2024 to August 2026, for their dedicated service to the Town of Fountain Hills.
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)
Suggested Motion
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. Cert of Appreciation- Randy Crader
2. Cert of Appreciation - Paul Smith
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Meeting Packet Page 5 of 296
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ITEM 7.a.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Economic Development & Tourism
Prepared by: Amanda Jacobs, Economic Development Director
Staff Contact Information: Phone: 480-816-5104
Email: ajacobs@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
PRESENTATION: Republic Services Non-Profit Grant Award Program
Staff Summary (background)
Republic Services, in partnership with the Town of Fountain Hills, has continued its
longstanding grant program to support nonprofit organizations serving the Fountain Hills
community. This program funds initiatives that promote environmental stewardship, enhance
the Town’s natural beauty, encourage public enjoyment, support healthy lifestyles and human
services, and provide educational opportunities. For the current grant cycle, five applications
were received and evaluated by a five-member grant review panel using the following
criteria:
• Community Impact: The extent to which the project or program enriches the
community as a whole.
• Human/Environmental Impact: The degree to which the project addresses human
and/or environmental
• needs and opportunities.
• Educational Impact: The project's effectiveness in educating and informing the
Fountain Hills community.
Based on these evaluations, two nonprofit organizations have been selected to receive
funding:
• Falcon Fiesta Graduation Celebration
• Fountain Hills Youth Substance Abuse Prevention Coalition
Each organization will be awarded a $5,000 grant during the September 1, 2026 regular Town
Council meeting. The Town of Fountain Hills values its partnership with Republic Services in
supporting local nonprofit organizations and investing in the well-being and sustainability of
the community.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Meeting Packet Page 8 of 296
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 9 of 296
ITEM 7.b.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Economic Development & Tourism
Prepared by: Amanda Jacobs, Economic Development Director
Staff Contact Information: Phone: 480-816-5104
Email: ajacobs@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
PRESENTATION: Downtown Fountain Hills Strategy Update
Staff Summary (background)
The 2023–2026 Community Economic Development Strategy (CEDS), under the Business
Attraction focus area, identifies the creation of a new Downtown Strategy consistent with
current economic trends as a key action item. In 2024, Town Council unanimously approved
a new Downtown Strategy, which includes four focus areas and 29 implementation strategies.
Over the past two years, staff has been actively working to implement the strategies and
advance the goals identified in the Downtown Strategy.
Attachment 1 provides a brief status update on implementation efforts, with updates
highlighted in blue, bold font. Attachment 2 includes the PowerPoint presentation that will be
presented at the September 1 meeting.
Related Ordinance, Policy or Guiding Principle
2023-2026 Community Economic Development Strategy and Downtown Strategy
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. Downtown Strategy UPDATES 9.1.2026
2. Downtown Strategy Update 9.1.2026
Meeting Packet Page 10 of 296
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Fountain Hills Downtown Strategy
Town’s Mission
The Town of Fountain Hills’ purpose is to serve the best interests of the community by:
providing for the safety and well-being of its residents and visitors; respecting its special, small-town
character and quality of life; providing superior public services; sustaining the public trust through open
and responsive government; and maintaining the stewardship and preservation of its financial and natural
resources. To serve and respect and provide trust and stewardship.
Town’s Vision
Fountain Hills is a distinctive community designed to invigorate the body, mind and spirit, and strives to:
Be stewards of this unique enclave, dedicated to preserving the environment and visual aesthetic and to
living in balance with the Sonoran Desert; Champion the diversity of experiences our residents bring to
our community and rely on this depth of experience to innovatively address our challenges; Be
economically sustainable and anchor our vitality in an active, vibrant town core that serves us culturally,
socially and economically; and, Be civic-minded and friendly, taking responsibility for our Town’s success
by building partnerships and investing our talent and resources.
Executive Summary
The Downtown Strategy has not been updated since 2009. In September 2023, Council unanimously
approved a three-year Community Economic Development Strategy (CEDS). One of the implementation
strategies within the CEDS is to “Create a new Downtown Strategy consistent with current economic
trends.” In November 2023, Council provided support for a staff-driven process to update the
Downtown Strategy.
For the purpose of developing this updated strategy, the area considered was north of El Lago, east of La
Montana, and west of Foutain Park. This total area was divided into five sub-areas to consider some of
the unique aspects of different portions of the downtown area.
Staff held six focus group meetings with residents and businesses, conducted four electronic surveys and
a public open house. Based on the feedback received, the Downtown Strategy focuses on four focus
areas:
• Land Use
• Infrastructure
• Economic Vitality
• Public Spaces/Placemaking
Background
A vision plan was developed for the Downtown (formerly Town Center) in 2009. Over the last 14 years,
several elements have been implemented to include the installation of the Avenue Linear Park and Park
Place I and II.
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Focus Area 1: Land Use
Having the appropriate mix of uses in a commercial area is important to its success. The types of uses
desirable in a given location vary depending on the intended nature of the area. The core of a downtown
depends heavily on uses that attract pedestrians and relies on a high density of customers from nearby
offices, residences, and entertainment activities.
The Fountain Hills primary urban core area is along the Avenue, particularly from Saguaro to Verde River.
This is an area that should have a predominance of restaurants, retail stores, and entertainment venues
on the ground floor facing the street. Shade and outdoor activities such as sidewalk cafes and sitting areas
should be readily available. Store fronts should be highly transparent to provide interest to the
pedestrians on the sidewalk.
Moving away from the intense core of the Avenue, the uses can become broader with a greater mix of
commercial and office uses that can be less pedestrian oriented.
One of the keys to a successful urban space is the energy that comes from activity that occurs consistently
throughout the day and the week. Having residents in and near the area to provide activity and support
for the businesses is essential.
Implementation Strategies:
• Improve the use and activity within the Avenue District by:
o Amending ordinances to allow sidewalk cafes and developing standards for
implementation.
o Encouraging active front patio usage.
Completed as part of the Downtown Overlay District approved by Town Council on April 21, 2026.
• Amend the zoning ordinance to require active first floor uses (restaurants, retail, entertainment)
along the Avenue District.
Completed as part of the Downtown Overlay District approved by Town Council on April 21, 2026.
• Improve maintenance of vacant properties by amending ordinances and enforcement practices
for these properties.
In process. The text amendment allows additional use opportunities. The next step is for staff to
review options to improve the level of maintenance of these properties.
• Remove obstacles to development and encouraging the right uses in different areas by:
o Reviewing practices and procedures to assist with development.
o Amending ordinances to allow up to 12 dwelling units by right on upper floors
o Reviewing and amend ordinances as necessary to allow a wide range of businesses on
Parkview.
• Completed as part of the Downtown Overlay District approved by Town Council on April 21,
2026.
• Improve the design quality of buildings in the Downtown through:
o Developing design guidelines for the downtown. – Not started
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o Establishing a façade improvement program. – Launched in April 2026; Four businesses
applied and all scored well to receive grant assistance. Two businesses have submitted
for design review. Two others have yet to submit.
• Explore options to work with building owners to improve the amount and quality of shade
through building awnings.
Not started.
Focus Area 2: Infrastructure
A high-quality built environment that is safe, comfortable, and attractive is important to the success of a
downtown area.
Through the focus groups, surveys, and open house, a consistent theme was the need for the Town to
continue to improve the public space along our streets with outdoor gathering areas, room for sidewalk
cafes, additional shade, and lighting. There is a strong desire for creating a place where people can gather
to dine, shop, and enjoy a variety of activities and walk comfortably throughout the downtown. The public
right-of-way and the sidewalk system are key components of the urban fabric that provides a place for
citizens to interact.
Providing a consistent sidewalk system that provides connectivity throughout the downtown is critical to
the long-term viability of the area. The sidewalk system needs to be free of obstructions and include ADA
access to buildings and public spaces. In our environment shade is also an important part of the sidewalk
system. Shade can be from trees, building awnings, or other shade structures. Given our otherwise dark
skies, pedestrian oriented lighting is also important for safety.
Implementation Strategies:
• Implement streetscape improvements to include:
o More trees and shade along the Avenue
o Add sidewalks and trees along Parkview
o Fill in sidewalk gaps within downtown boundary
o Provide shade over gathering areas along the streets
o Provide lighting at street crossings
o Add festive lighting in the Avenue entertainment area
In progress as part of Capital Improvement Project (CIP) Downtown Streetscapes.
• Create small, unique gathering places along the streets with shade and appropriate lighting.
In progress as part of Capital Improvement Project (CIP) Downtown Streetscapes.
• Explore options to improve pedestrian connectivity between downtown and Fountain Park.
Installed marked crosswalks at Saguaro and Parkview and Saguaro and Paul Nordin for improved
pedestrian access to Fountain Park.
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• Evaluate options for improved event parking as recommended by the Downtown Parking
Analysis.
The options presented as part of the Downtown Parking Analysis are not feasible, i.e. parking
garage, shuttles. Staff will continue to explore other options.
• Partner with Plat 208 for redevelopment of the pocket parks along the Avenue.
Completed. Town staff worked with Plat 208 and surrounding business owners. There was a
request to switch the placemaking and restroom locations. The new proposed restroom location is
directly opposite of Town-owned property and opposite where event organizers and tenants want
to see restrooms. This project is not feasible and will not move forward for redevelopment.
• Coordinate with Plat 208 to improve connections from parking areas to streets within the
downtown.
Not started. Town staff will coordinate with the Plat 208 Board and property owners for access
between private parking and public sidewalks.
• Determine the feasibility of installing public restrooms in the downtown area through a public-
private partnership.
Ongoing. While the proposed restrooms on Plat 208 property did not work out, there have been
other property owners interested in a public-private partnership. Staff will continue to evaluate
these options on a case-by-case basis.
Focus Area 3: Economic Vitality
Economic vitality involves taking a proactive and collaborative approach to building and growing a diverse
economic base through smart new investment, cultivating a robust ecosystem for small businesses,
focusing on the unique assets of the Fountain Hills community, and fostering an environment to help build
local wealth.
Implementation Strategies:
• Create flexible zoning uses within the Business District to attract targeted industries and new
skilled talent.
Completed as part of the Downtown Overlay District approved by Town Council on April 21, 2026.
• Evaluate the current Entertainment District and modify to include uses such as dining, shopping
and live entertainment.
Completed as part of the Downtown Overlay District approved by Town Council on April 21, 2026.
• Continue to collaborate with Shea-Connelly on the completion of Park Place.
Town Council approved an updated Development Agreement on October 21, 2025. Town staff is
waiting for the owner to submit new building plans.
• Modify the Zoning Code to allow temporary uses on vacant properties.
Completed as part of the Downtown Overlay District approved by Town Council on April 21, 2026.
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• Determine the feasibility of creating programming within the Avenue Linear Park to attract
residents, visitors and businesses.
The Town partnered with Aesthetic Elegance and Wellness MedSpa who created Yoga in the Park.
The Farmers Market and Art on the Avenue will continue November – April. Staff are exploring
night markets during the holidays.
• Continue small and large-scale events within the Avenue District and determine the feasibility of
expanding event footprints to include other districts within the downtown.
Staff launched 3rd Thursday Concerts in Centennial Pavilion (Civic District) from November 2025 –
April 2026. The concerts will return in October 2026 – March 2027.
Oktoberfest moved from Fountain Park to the Community Center/Centennial Pavilion (Civic
District).
• Partner with The Avenue Merchant Association (TAMA), local attractions and businesses within
the downtown area to create a newsletter and schedule of events that can be promoted locally
and regionally.
In FY2025-26, Council authorized Downtown Digital Marketing. A new Downtown logo was
created, Downtown Fountain Hills social media channel, Downtown videos and Downtown
webpages located on Experience Fountain Hills. Staff will explore the feasibility of creating a
separate newsletter specific to downtown.
Focus Area 4: Public Spaces/Placemaking
Placemaking inspires people to collectively reimagine and reinvent public spaces as the heart of every
community. Strengthening the connection between people and the places they share, placemaking refers
to a collaborative process by which we can shape our public realm in order to maximize shared value.
With community-based participation at its center, an effective placemaking process capitalizes on a local
community's assets, inspiration, and potential, and it results in the creation of quality public spaces that
contribute to people's health, happiness, and well-being. Placemaking shows people just how powerful
their collective vision can be. It helps them to re-imagine everyday spaces, and to see anew the potential
of parks, downtowns, waterfronts, plazas, neighborhoods, streets, markets, campuses and public
buildings.
During the April 2023 Economic Development workshop, the following question was asked:
Placemaking inspires people to collectively reimagine and reinvent public spaces as the heart of every
community. Where should Fountain Hills prioritize placemaking?
Below are the results:
1. Downtown
2. Four Peaks Plaza/Target Shopping Center
3. Town Hall Campus/Centennial Circle
4. Fountain Park
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Implementation Strategies:
Arts
• Partner with the Southern Arizona Arts and Cultural Alliance (SAACA) to administer murals in
strategic locations identified by the town.
Ongoing. Included as part of Downtown Placemaking (murals on utility boxes). Installation of
Fountain Park mural.
• Partner with Plat 208 to streamline the architectural review requirements to install exterior
murals on buildings located within Plat 208.
In progress. Staff met with Plat 208 to discuss streamlining the architectural review related to
commercial projects and will expand conversations related to murals.
• Install murals on utility boxes located in Downtown Fountain Hills over the next six years, based
on town funding. (Exhibit A).
Ongoing. Downtown Placemaking (murals on utility boxes) is part of the Downtown Fund. Six to
eight murals are completed each fiscal year.
• Modify the public art policy to allow for performing and temporary art.
Not started. Staff will provide proposed updates to Council at a future date.
Signage
• Implement Town-wide Wayfinding Signage by December 2025.
Completed June 2026.
• Install entryway/monument signs within each district to identify and distinguish Fountain Hills’
downtown area.
Staff have requested entryway/monument signs for the last two years. Council requested staff
wait until after the Wayfinding Signage was complete and to continue to provide visuals of what
staff is requesting.
• Update the existing street banners along the Avenue District.
Ongoing. Staff installed Avenue District banners in 2025 and America 250 banners at the
beginning of 2026. New Avenue District banners will be installed September/October.
Provide pedestrian oriented signage to direct people to businesses.
Not started. Staff will be seeking further input on what is desired.
• Allow for additional temporary signage during special events.
Some event organizers are taking advantage of installing temporary signage around Town/outside
Downtown to promote their events.
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Budget Implementation Plan
The Downtown Strategy will be a multi-year plan that will have budgetary impacts that will include one-
time and ongoing expenses. Budget priorities and implementation plans will be part of the annual budget
process.
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Downtown Strategy
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Background
•2009 Downtown Vision Plan
•September 2023 Approved Community Economic
Development Strategy
•“Create a new Downtown Strategy consistent with current economic trends.”
•November 2023 Update Downtown Strategy
•September 2024 Council Approves Downtown Strategy
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2024 Downtown Plan
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Focus Area 1: Land Use
•Six Implementation Strategies
•5 out of 6 strategies completed/in process
•Highlights
•Downtown Overlay District –Approved May 2026
•Improve the use and activity within the Avenue District
•Active first floor uses (restaurants, retail, entertainment)
•Amend ordinances to allow dwelling units by right
•Façade Improvement Program –Launched April 2026
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Focus Area 2: Infrastructure
•Seven Implementation Strategies
•6 out of 7 in progress
•Highlights:
•5-Year Downtown Streetscape CIP
•Design of Parkview and Verde River
•Construction of Verde River –Spring 2027
•Pedestrian Connectivity
•Installed marked crosswalks at Saguaro and Parkview/Saguaro and Paul Nordin
•Plat 208
•Redevelopment of pocket parks
•Restrooms
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Focus Area 3: Economic Vitality
•Seven implementation Strategies
•3 completed,4 in progress
•Highlights:
•Flexible zoning/Created Innovation District
•Temporary uses on vacant properties
•Park Place
•Updated Development Agreement in October 2025•New Downtown Logo and Socials
•New Programming in Avenue Linear Park
•Yoga in the Park (Aesthetic Elegance and Wellness)•3rd Thursday Concert Series at Centennial Pavilion
•November 2025 –April 2026
•Returning October 2026 –March 2027
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Focus Area 4: Public Spaces/Placemaking
•Arts
•Four implementation strategies
•3 out of 4 strategies in progress
•Highlights:
•Downtown Placemaking –Murals on Utility Boxes
•Murals on Exterior Buildings/Businesses
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Focus Area 4: Public Spaces/Placemaking
•Signage
•Five implementation strategies
•3 out of 5 strategies completed
•Highlights:
•Town -Wide Wayfinding Signage
•Update Avenue District Street Banners
•Temporary Signage during special events
Continued
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Questions?
Meeting Packet Page 26 of 296
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND SPECIAL SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
June 2, 2026
A Regular and Special Meeting of the Fountain Hills Town Council was convened
at 5:40 p.m.
Members Present: Mayor Gerry M. Friedel: Vice Mayor Gayle Earle;
Councilmember Rick Watts; Councilmember Peggy McMahon; Councilmember
Brenda J. Kalivianakis; Councilmember Allen Skillicorn
Councilmember Hannah Larrabee attended by telephone conference call.
Staff Present: Town Manager Rachael Goodwin; Town Attorney Jennifer J.
Wright; Town Clerk Bevelyn J. Bender
Meeting Packet Page 27 of 296
TOWN OF FOUNTAIN HILLS
JUNE 2, 2026 TOWN COUNCIL MEETING MINUTES
Page 1 of 36
Post-Production File
Town of Fountain Hills
Regular And Special Council Meeting Minutes
June 2, 2026
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 28 of 296
TOWN OF FOUNTAIN HILLS
JUNE 2, 2026 TOWN COUNCIL MEETING MINUTES
Page 2 of 36
MAYOR FRIEDEL: Thank you.
We'll move on now to our call to order for our regular meeting.
Please rise for the Pledge of Allegiance.
ALL: I pledge allegiance to the flag of the United States of America and to the Republic
for which it stands, one nation under God, indivisible, with liberty and justice for all.
MAYOR FRIEDEL: And if you choose, please remain standing for a moment of silence as
our invocation person is not able to make it tonight. So we'll have a moment of silence,
please.
Thank you.
Town Clerk, can I get a roll call, please?
BENDER: Mayor Friedel.
MAYOR FRIEDEL: Present.
BENDER: Vice Mayor Earle.
EARLE: Present.
BENDER: Councilmember Skillicorn,
SKILLICORN: Here.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Here.
BENDER: Councilmember Watts.
WATTS: Here.
BENDER: Councilmember Larrabee.
LARRABEE: Here.
BENDER: Councilmember McMahon.
MCMAHON: Here.
BENDER: Mayor, you have a quorum.
MAYOR FRIEDEL: Thank you.
And we'll move on to our summary of current events by our town manager.
Rachael?
GOODWIN: Thank you. Mayor.
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I have a few updates tonight, so bear with me. First, as we near the election, I wanted
to remind our residents that town hall will have a ballot drop box available beginning
the week of June 24th. For the ballot drop box will be available Monday through
Thursday from 8 to 5 p.m., and on Election day from 6 a.m. to 7 p.m.
We noticed that Town Hall was not listed on the county's website as a ballot drop point,
and we brought that to the county's attention. They are reviewing it and will share an
update once that has been resolved. We just want to make sure that our community is
aware that we are a drop point.
Staff will be putting out additional reminders regarding important election dates and
information next week, so please follow us online.
As we head into summer, save the date for our first Wacky Wet Wednesday. It will be
held on June 10th at 4 Peaks Park from 11 a.m. to 12:30. This is always a fun way for
families to cool off and enjoy the start of summer. And if it's anything like today, we are
starting to see our triple digits, so it's well timed.
Work has also begun on the Desert Vista Dog Park, which will remain closed through the
month of June while updates and improvements are completed. We appreciate the
community's patience as we work and look forward to reopening a refreshed and
improved space for our residents and our pets.
If you would like more information on that, their website is up to date with the details of
that project. And there has been several social media updates featuring our own Mike
Pelton, and I think director Snipes back there talking about all of the upgrades that are
coming to the dog park.
And then last, Mayor and Council, I wanted to add one special recognition tonight. I
hope that's okay. On May 28th, our very own Mike Ciccarone reached 30 years of
service with the Town of Fountain Hills. Mike serves as our chief technology
Administrator, and anyone who has worked with the Town for any length of time knows
how much we rely on Mike.
Even when he's here, when he's not here, when he's on vacation. When he's hiding in
his office, hoping that we don't bug him, he is a very, very, very integral part of what we
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do here.
Technology touches nearly every part of town operations, and Mike has been a steady
presence behind the scenes for three decades. We want to recognize that milestone
publicly tonight. And I'll turn it over to the mayor for a formal proclamation.
MAYOR FRIEDEL: Thank you. Rachael. Mike, this is a special one. No doubt about it.
30 years with one organization is a major accomplishment in any field, but it is especially
notable in technology, where so much has changed over that period of time.
Over the last 30 years, the Town has seen major changes in how we communicate, how
we manage records, how we conduct public meetings, how we protect our systems, and
how we support employees and residents.
Through all of that, you have been a steady and reliable part of this organization. A lot
of technology work is only noticed when something is not working. But the truth is, the
Town depends on it every single day. Your work has supported every department and
helped keep the organization functioning through the years.
On behalf of the Town Council and the Town of Fountain Hills, thank you for 30 years of
dedicated service. It is my honor to proclaim June 2nd, 2026 as Mike Ciccarone day in
the Town of Fountain Hills.
Mike, come on up and get this proclamation.
GOODWIN: For those of you who don't know --
CICCARONE: It's been a pleasure serving the residents and the Town for 30 years.
Granted, sometimes it felt longer than 30, but I'm looking forward to serving the Town
for another at least 20. So I appreciate it.
MAYOR FRIEDEL: And if anybody would like a cupcake --
Are we going to take a couple minutes to let people grab a cupcake?
Five minute recess and let people have a cupcake on behalf of Mike.
[CROSS TALK]
MAYOR FRIEDEL: Thanks again, Michael.
All right. We'll move on now to number 8, which is our consent agenda.
Can I get a motion?
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MCMAHON: Motion --
KALIVIANAKIS: Motion to approve consent agenda.
MAYOR FRIEDEL: Do I have a second?
MCMAHON: I think I made the motion. She -- I think she second it. Right, Brenda?
MAYOR FRIEDEL: Check with the Town Clerk.
MCMAHON: I'll second it, wherever it goes.
MAYOR FRIEDEL: We have a motion and a second.
Can we get a roll call, please?
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Watts.
MAYOR FRIEDEL: Aye.
BENDER: Councilmember Skillicorn.
SKILLICORN: Yes.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: And Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you. We'll move on to the regular agenda. So item A is a public
hearing with consideration of possible action relating to ordinance 2606 amending the
Fountain Hills Zoning Ordinance, sections 1.12 and 2.04 A and F, and adding Section 19
06(H) to provide a site plan. Modifications on -- and murals.
So I'm going to open a public hearing, and call on the Town Manager.
Rachael?
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GOODWIN: Thank you. Mayor. We have John Wesley here this evening. The mural
conversation has been one that has been sort of off and on the agenda since earlier this
fall. This is now bringing forward some detailed outlines for this -- this type of work in
our town. It is a new and expanding area for us.
So I know that John has worked with Amanda to take a lot of time and how to present
this and bring this concept forward.
With that, John, I'll turn it over to you.
WESLEY: Thank you, Mayor and Council. Good evening.
So as stated, we're discussing some possible amendments to the zoning ordinance to
address murals. May recall, as the Town Manager mentioned back last fall, we came to
you with this topic because we have had murals being put in various places in town on --
on -- on electric boxes, and that's generated some interest on others to paint their
buildings.
As we looked at our ordinances, we found we really had no way to regulate or control
those. And Council gave us direction to look at that and come back to you with a
program and any proposals and ordinance changes that might be needed to address
placing of murals on our buildings.
And so as we looked at it, we've recognized some need to amend the zoning ordinance
to address this topic. We're proposing some amendments in three different areas of the
zoning ordinance.
First is to provide a definition, definition so that we know what we mean when we say
mural. Second amendment is to Section 204 of the zoning ordinance that deals with site
plan review to give us that authority when somebody is making changes to an existing
building that doesn't have current paint provisions to review. Then that building for
application of a mural and then some standards for murals themselves in Chapter 19.
So looking at each of those individually, here's the definition for murals, we reviewed
mural definitions in a number of other jurisdictions and pieced together from those
things what we felt would be a good definition and workable one for us.
And so that's the change to Section 12 point -- or 1.12, that definition. And then in
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Section 204 the zoning ordinance or a couple of changes there. Again to make it clear
that if somebody is amending the exterior of the building by applying the mural, that we
have that ability through our site plan review process to review that type of
modification.
And then also under the amendments, again, if somebody's making a change that we
can review for paint colors and other modifications on the exterior of the building.
And then the big change is in Chapter 19 of the zoning ordinance, where we actually add
the provisions for murals. It created a new 1619.06H.
But it also does point out that one of the provisions deals with paint colors. And that's
in there because we have an existing provision that limits a building to a maximum of
five paint colors.
So the new provision here, H again references back to the definition and says that
murals may have more than five colors and then list some specific requirements that
must be met in painting a mural on a building. And you can read what those are.
But probably the big part of this is the last one, C, referring back to the call to artist
program we use currently for the painting of murals on the utility boxes.
Those have with them certain design themes and standards. And so this references that
that program and those requirements. And so each time we put those out, we set some
themes that can be applied. And so if somebody's going to do a mural, they would look
at these artistic themes, and whatever they would do would need to be consistent with
those. And through that process, we also then are using some outside resources to help
us to identify artists and create a list of artists that are then used and available to -- to
do the murals. So I think that puts a pretty good control on the types of things that we
would see painted on the buildings.
It goes on then in the ordinance to list some things that you can't do with a mural, and
again, you can read these. I don't need to reiterate all of them, but in particular we're
concerned about that balance of the free speech but also controlling of the look. So
some things such as no profanity or gory items, violent materials, avoiding people and
words because that can start to become political and how those might be presented,
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and then avoiding signage. If somebody really wants to do a sign that's covered under
the sign ordinance or trying to avoid that, and then not allowing them on historic
property, and then they need to be maintained in a good order.
So item three, when we reviewed this with the Planning Zoning Commission, they were
a little concerned that that statement might not be quite strong enough. And they
suggested we do a little bit more to ensure the murals are maintained. As we thought
about it, and what was put in the packet was we can add an extra sentence on there,
which is what we would do anyway. We refer back if somebody's not maintaining
anything according to zoning ordinance, we go to our enforcement procedures that are
in the zoning ordinance, which then allows us to issue notices of violation and ultimately
citations. So we could make that more clear by adding the sentence on there.
Anything beyond that, about the only way we could address it is if somebody doesn't
follow up and maintain a mural would be for the Town to go in and repaint the building.
We don't necessarily want it to go there and felt that might be too much to put in here,
but -- tut you know, we could add that sentence. If the Council thinks it's important to
help enforce this provision.
Next provision is again, referencing back. If you're going to paint a mural, you have to
use somebody off the Town's list of approved mural artists. PNZ commission was
concerned that we ought to limit that to Arizona only artists. We could do that. That
might limit it somewhat. Again, they go through an extensive process to solicit artists to
do these murals as reviewed by a professional group. And if we happen to get
somebody on that list from outside of Arizona and a local property owner wanted to use
them, I'm not sure why we'd want to limit that. But we could add that sentence into the
Code if desired by the Council.
And then third, the PNZ commission was interested in establishing a process where
there might be some type of other oversight committee or commission that would
review these murals and not just leave it to staff. And so item five in the draft ordinance
that was in your packet has that in there.
Staff has some concerns with this particular provision. We've had experience before
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with committees and commissions that review art, and it's been a challenge. It can bog
down the process and delay in there for someone wanting to get their building
repainted, get the mural on there without really necessarily adding any additional
benefit to the Town.
We've gone through the process to -- to solicit and have a list of very qualified mural
artists already selected, themes that are already pre-described for them to use. So
again, staff sees that as is not really being necessary in the ordinance.
And so staff recommends the ordinance as it was submitted to the PNZ commission.
But if Council would like to consider any of those other three items that were suggested
by the PNZ commission, we can review that in the adopted ordinance. Any questions
for me at this time?
MCMAHON: Thanks, John. I appreciate it, and I appreciate your assistance today in
trying to understand this, but I have a question with the addition of number five for the
1906.
Number four says that we're -- we're working with the Call to Artist program, and also a
list of the pre-qualified artists. Is that -- and is -- are all those pre-qualified only Arizona
artists, or is there a conflict between these two proposed sections?
WESLEY: Mayor, Councilmember, I would have to defer to Amanda Jacobs to know if
we've had any non -- non-Arizona artists on the list currently or previously. But whether
we've had some in the past or not, we could in the future, it's always a possibility.
MCMAHON: Okay.
JACOBS: Shall we dance?
MCMAHON: Thank you, Amanda.
JACOBS: Thank you, John. Mr. Mayor, Councilmember McMahon. All of our current
artists are from Arizona.
To John's point, we do a national Call to Artist. The last time we went through this,
there were a couple of out of state. But if you look at page three -- I have a hard copy.
You guys have it electronically. But in the call to artist eligibility says this call is open to
professional artists and artist teams living in Arizona. So that's a requirement to be
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eligible and selected.
MCMAHON: So they have to be living in Arizona.
JACOBS: Correct.
MCMAHON: So it's not --
JACOBS: Correct.
MCMAHON: And that's what the language will say if it's approved or --
JACOBS: Yes. So within the Call to Artist, we don't think we need to get so specific in
the wording. Only Arizona artists may be used. We're okay with that. Or do we want to
modify that?
MCMAHON: Okay. So we're -- we're saying it's within the Town's list of pre-qualified
artists. That's what the language is going to be?
JACOBS: Correct. We'll have John clear them.
WESLEY: And Mayor, Councilmember. So that's what it says in the Call to Artist --
MCMAHON: Okay.
WESLEY: -- program currently, is that it needs to be an Arizona artist. So it's not
necessarily needed here because it's covered there. But if -- it's redundant but it won't
hurt to be here if the Council wants to leave that in okay.
MCMAHON: But 1906(H) says only Arizona artists. So which one are we using?
WESLEY: So both; we can use both.
MCMAHON: Okay.
WESLEY: If you take -- if you take it off of here, it's still in the artist program --
MCMAHON: Okay.
WESLEY: -- documents. So it'll still be there. So whether it's here or not it -- that is a
standard --
[CROSS TALK]
MCMAHON: So it's not a contradiction. It's what I want to make sure. So thank you, I
appreciate it. I didn't mean to put you on the spot, so.
WATTS: John -- pardon me, John. 2.04(H) has a list of cannots. What I didn't see in
there was anything that related to campaigns, movements, political actions of any sort.
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I want to make sure those types of things were excluded as well.
WESLEY: Mayor, Councilmember, some of that gets a little bit challenging to put in as
specifically as that. We think we've covered it in the fact that, again, you have to follow
the theme that's in the call to artist program. And so those themes will pretty much
exclude those. But then here you can't use any words and you can't depict any people.
It would be challenging to go very far and do anything that is political or those types of
topics that you just mentioned.
MAYOR FRIEDEL: Okay. And my second question is, is there a way -- I know we
struggled last year with getting artists to respond. Is there a way that we can put a
caveat in there that says for Arizona artists, we're going to give you a ten percent
allowance? Something like some of the different types of organizations that have
beneficial treatment when they submit to RFPs and open it up to the nation as a whole
and say, any artist but Arizona artists, we give a ten percent allowance to?
WESLEY: Mayor, Councilmembers, certainly anything's possible under the scenario. I'm
not sure how that plays out. For the most part, these will be artists that individual
property owner will then hire to do the work. And so I'm not sure that ten percent
favorability comes into that -- that property owner that's now hired the artist to do the
work.
MAYOR FRIEDEL: We're not hiring the artist.
WESLEY: Correct.
WATTS: We're just making the approval.
WESLEY: Correct.
WATTS: But you could have an incentive that was a ten percent reduction in permitting
fees, for instance, for Arizona artists.
WESLEY: Again, anything may be possible. I'd have to maybe defer to the Town
Attorney about where we might get begin with any gift clauses or those types of things,
but --
JACOBS: Mr. Mayor, Councilmember Watts, I'm going to jump in just to clarify.
So we actually have never had an issue with the call to artist process. We get over 18
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artists. Of the 18, the last session we probably had two that were out of state. And
then this current cycle. So in October, we were able to obtain three new artists. So
there hasn't been an issue where we're going to have to give them more money.
WATTS: Okay. Then I misunderstood. I thought last year we struggled getting
responses, and I was trying to find a way to incent people --
JACOBS: No.
WATTS: -- some of the artists to come on Board.
JACOBS: So that would that would be incorrect.
WATTS: So thank you for the clarification.
JACOBS: Yeah. You're welcome.
MAYOR FRIEDEL: Thanks.
MAYOR FRIEDEL: Councilman.
SKILLICORN: Thank you. Thank you, Mr. Mayor.
Director Wesley, it all looks pretty good to me. It sounded like you had a reservation on
19(H), about the committee.
WESLEY: Correct.
SKILLICORN: So you would prefer staff to do the oversight instead of committee?
WESLEY: Correct.
SKILLICORN: And you know, Mr. Mayor, I think that's -- that's a good idea. That's a
good change. If you're receptive, I'd like to make a motion with that -- that small
amendment. So I'd like to amend to approve it as drafted, other than an H and H, take
the committee out and allow staff to have that discretion.
WATTS: I'll second that.
MCMAHON: Didn't -- you already amended that number four. You took that out?
WESLEY: Mayor. Councilmember. That was number five. And so unfortunately, I
created a little confusion in this in the way I wrote the report and what I attached to it.
The ordinance that I attached to your staff report did have the committee on there.
And so it probably would be best to make it clear in the ordinance that you're proving
that it does not include that just so.
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MCMAHON: Okay. Thank you. I thought in your amendment that you did that.
MAYOR FRIEDEL: Councilmember.
KALIVIANAKIS: Yeah. Thank you. Thank you, Mr. Mayor. Yeah, actually, my point was
with Councilmember Skillicorn's point. That's why I want to bring up to you. I was
actually going to ask you for your reservations on that, but it seems like this body has
pretty much decided to just go with the streamlined version and just have staff review
it. And so that was my question, and I think it's been asked and answered, but I would --
I would support that motion with that amendment.
MAYOR FRIEDEL: Town Manager.
GOODWIN: Mayor, if I may, I just want to clarify the motion, because I think to your
point, John, there was a little bit of confusion. So what I heard the Council say and what
I heard Councilmember Skillicorn mention, we -- you want to submit the version that
was submitted to PNZ. Is that correct? Is that the version that staff is recommending
this evening?
WESLEY: Mayor, Town Manager. So what I heard Councilmember Skillicorn say was to
remove five --
GOODWIN: Correct.
WESLEY: -- which is the committee. The other two items that were maybe of question
about the extra reference on maintenance and the reference to the Arizona artist.
GOODWIN: We're going to keep those.
WESLEY: We'll keep those in. That's not a big deal either way.
GOODWIN: Okay.
WESLEY: And so I think that's clear what -- from what was stated.
GOODWIN: Fantastic. Just want to make sure. Thank you.
KALIVIANAKIS: And thank you. And then then my -- my other question was, it seemed
like -- and again, I'd like to just have you weigh in on this, but as part of our package was
regarding enforcement, because when the murals first go up, they look great and
everyone's very excited. But then as the Arizona sun, we know what it does to murals,
plastics, everything. It degrades them rather quickly. I would kind of like to see more
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teeth put into this, that if the Town sends a compliance report that's ignored, or they
don't repaint a mural that's dilapidated, that we have the authority -- the Town does to
repaint the mural and bill the property owner. If we approve the version that we're
talking about right now, would it include that, or would we have to add that to the PNZ
version?
WESLEY: Mayor, Councilmember. There's nothing specific in this ordinance that that
includes that provision. The -- as you state, the typical process would be some notices
and then violations. Those violations can get very stiff over time if the property owner
does not comply and do the painting. We do have general -- and the Town attorney can
jump in here and help me as I might need it. But we do have general authority to
abate -- issue abate violations of the code. Does that extend to our ability to repaint
somebody's building for them and charge them for it? I don't know that it does it. It
might. We can go out and -- and you know, deal with green pools or hazards and abate
those. But whether we could really use that same authority to paint somebody building
for them it may just be painting over it rather than actually repainting the mural if we
did that.
KALIVIANAKIS: Right. And it says repaint the building and charge the cost of the
property owner, and I think I'd be for that. And again, sometimes we have code
violations go on for years and they pay them and they're unresolved. And I think you'd
be the one that could testify to that. And so again, this would be giving it some teeth.
And I would respectfully ask Councilmember Skillicorn if he would consider a further
amendment that he already added to include a time period that the Town could step in,
because as we're writing violations, we're still -- we still have the mural that looks
terrible and that people are like, what are they going -- what are they going to do about
that mural that was put up seven years ago?
So I would like to see that further amendment to give the Town teeth to like, look, if
you're not going to paint it over, we're going to paint it over and send you the bill. I
think that would be good public policy.
LARRABEE: Mayor.
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MAYOR FRIEDEL: Yes, Hannah. Yes, Hannah.
LARRABEE: Apologies. Thank you. Mayor. I, if I may, through the Mayor, I'd like to ask
the Town attorney a question. Is that -- what was suggested by Councilmember
Kalivianakis, are we starting to leak into property rights issue there? If we -- I
understand they'd be in violation, but are we able to just say, if you don't comply, we'll
paint your building?
WRIGHT: So Mayor and Councilmember Larabee. So in response to that question, we
already have the provisions within our enforcement action. So already listed here under
three. It states that failure will result in enforcement action as provided by 1.1.
If somebody is outside of the scope of the zoning ordinance and we need to do
corrective action, we actually can charge them for the corrective action to get them
within compliance of the zoning code. We also have the ability to assess fees and fines
for every day that they're in violation. So those can also be used to pay for any
repainting the building. So if it's outside of the zone, if they're violating the zoning code
and we have to fix that -- that zoning code ordinance violation, then yes, we can.
And I understand your private property concerns, but if it's outside of the zoning code,
then, you know, then it kind of -- we do have the right to provide ordinances regarding
esthetics of the community to maintain certain appearances to -- to -- to prevent blight
those kinds of things.
So that's all within our purview. And it's already existing in our zoning ordinance, so I
don't think we'd need to specify it here. In my opinion. I think it's already implied by
being able to go into our enforcement procedures within our zoning code and within
the -- that we -- that currently exist.
LARRABEE: Okay. Thank you so much.
BENDER: You're welcome.
MCMAHON: Thank you. Need clarification. Sorry. Is there four, and is there a five in
the 1906(H) or no? Because I'm trying to understand where the -- if there's -- it's my
understanding the Town's going to manage this and take care of it. There's not going to
be a committee. Correct?
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WESLEY: Correct. Mayor. Councilmember. Yes. As it's been, the motion has been to
remove five.
MCMAHON: Okay. Thank you. I appreciate it for the clarification.
SKILLICORN: Thank you, Mr. Mayor. So in -- Director Wesley, I believe, was planning
zoning that added the red sentence about enforcement?
WESLEY: Yes.
SKILLICORN: Right. So my intention was that the motion included that read sentence.
Right. Would you need more than that to enforce it? I mean, because there was a
question about adding a time frame. I'm -- I do not oppose adding something like that,
but I'm not sure it is necessary. So I would -- you know, as the person that has to do it,
do you need something more specific in there?
WESLEY: Mayor. Councilmember. I believe that we do not. I believe it's fine as -- as it's
drafted that you've made the motion on.
SKILLICORN: So Mr. Mayor, it sounds like any further revisions is moot -- or moot.
MAYOR FRIEDEL: Town Clerk, do we have any comment cards?
BENDER: No, Mayor.
I did not hear a second. Was there a second to the motion?
EARLE: I'll second.
SKILLICORN: Councilman Watts.
MAYOR FRIEDEL: Watts.
BENDER: Okay.
MAYOR FRIEDEL: Councilman Watts.
BENDER: Thank you.
KALIVIANAKIS: And just one more before general discussion to John. John, just to clean
up what Allen said. Again, just -- just reading the report, it said the only other option to
enforce maintenance would be to include a provision that allows the Town to repaint.
So you're saying that has already been included in the redline version? Because I didn't
see it.
WESLEY: Right. Mayor, Councilmember, to the attorney's point. It's already included.
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That's why we didn't put it in there. But if it was just highlighting, if the Council still
wanted something even more specifically stated, we could, but it's not necessary.
KALIVIANAKIS: So --
WESLEY: And again --
KALIVIANAKIS: We're giving you the authorization to repaint right at some further date,
just to clarify.
WESLEY: Right. Yes. Again, Mayor, Councilmember, in recommending this to the
Planning Zoning Commission, we just had the parts in the black letters, even that I felt
was appropriate and would give us sufficient authority to do what we needed to do. We
added the red in response to the PNZ commission to take it one step further.
KALIVIANAKIS: Okay. So we don't need to take an additional action?
WESLEY: I don't believe so.
KALIVIANAKIS: Okay.
MAYOR FRIEDEL: Okay. There's no comment cards. I'm going to close the public
hearing. And we have a motion and a second already on the table. Can we get a roll call
vote, please?
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Watts
WATTS: Aye.
BENDER: Councilmember Skillicorn.
SKILLICORN: I'm pro mural. Yes.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: And Mayor Friedel.
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MAYOR FRIEDEL: Aye.
BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you.
Moving on to agenda item B, consideration and possible action regarding six month
extension of the SUP for the Dairy Queen, located at 13212 North Saguaro Boulevard,
approving the reduction of up to nine parking places.
Town Manager, Rachael Goodwin.
GOODWIN: Thank you. Mayor. This item was originally heard by the Council back in
December. The SUP currently is set to expire during. I believe it's during your summer
break. So they are here anticipating that and requesting an extension.
With that, John will give us the details and background.
WESLEY: Okay. Mayor, Councilmembers, I will go through this fairly quickly, but if you
have questions, I can slow down. As was stated, we're dealing with a property at the
corner of Palisades and Saguaro. The property owner there has requested or did
request an SUP to eliminate some of the parking spaces along the south side of the
building in order to add a drive up lane for a Dairy Queen facility that will be put into the
building. That was approved by Town Council back in December on the 16th. They've
got six months from then to submit their building plans. They have been working on
them, but they have not submitted them yet and anticipating they wouldn't get them in
before the 16th of this month. They requested the extension so that it can stay active
as allowed by code. The ordinance does allow for these extensions when requested by
the Council.
There's been no particular changes in the area. There have been no particular changes
in the code, and so staff does not see any issues with an extension at this time, and we
recommend approval.
MAYOR FRIEDEL: Councilman Skillicorn.
SKILLICORN: Thank you, Mr. Mayor. As a pro ice cream voter, I'd like to make a motion
to approve as drafted.
LARRABEE: Second.
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MAYOR FRIEDEL: We have a motion and a second.
Councilman Watts, do you have something?
WATTS: John, do we have any provision for sunset clauses on those SUPs for anybody at
this time? Or is that something we have to address in the future? Applying sunset
clauses to SUPs?
WESLEY: Mayor. Councilman, we do have sunsets. That's why that's before you. This
would sunset. If you didn't do the extension, they'd be done. They'd have to start over
again. We have two others in there. The first hurdle is you've got to submit your
building permit within six months, and then you have to get your building permit
approved within 12. And for those that don't require either one of those, you've got 18
months to establish use. And if that doesn't happen then it sunsets.
WATTS: So sunset clauses would be more applicable to something like a PUD, PAD
going forward then.
WESLEY: Yes.
WATTS: Correct.
WESLEY: Right.
WATTS: Okay. Thanks.
MAYOR FRIEDEL: Do we have any comment cards, Town Clerk?
BENDER: Mayor, we have one. It is Kim Oborski.
OBORSKI: Hi, I'm Kim Oborski and a resident of the Town. It doesn't sound like this is
necessary, but I just felt like I needed to come up to support my friends, because a
number of them are just giddy about Dairy Queen reopening in town, and two of
them -- no more than two of them, have a date to meet there the day that it opens.
And these are not young people. So you know, I think that Dairy Queen, everyone's
excited. And I think this is another thing to -- to attract young people to our town.
And just as a side note on that, I think we need to add some more of those cool swings
right over there on the lake near the Dairy Queen so people can take their, you know,
vanilla swirl chocolate dipped and eat it on the swing.
That's all I got. Thanks.
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MAYOR FRIEDEL: Thank you. Do we have a motion? And a second. We have a motion
and a second.
Roll call, please.
BENDER: Councilmember Skillicorn.
SKILLICORN: Yes.
BENDER: Councilmember Larrabee
LARRABEE: Aye.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: And Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you. Welcome back, Dairy Queen.
All right. Moving on to item C. It's consideration and possible action regarding
Cooperative Purchasing Agreement 2026-063 with Duncor doing business as Summit
West Signs.
Rachael.
GOODWIN: Thank you. Mayor. Justin, thanks for being here tonight. He's going to --
Justin's going to walk us through the conversation about our illuminated signs. A
number of them are in need of replacement, and we need we're in need of a contract to
do so. All of our illuminated signs are featured at our different traffic signal
intersections.
So with that, I will turn it over to Justin to give us any details we need.
WELDY: Thank you for the opportunity, Mayor and Council, if you drive throughout the
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Town during the daytime, you're not likely to notice as often that the eliminated
intersections, the traffic signals. We have green and white signs up there indicating
what the streets are. In the past, they used to have the block numbers on them:
16,000, 17,000, 18,000. With the advent and advancement of technology, we no longer
do that. However, the signs are subject to all of the elements that the desert provides,
and deterioration, especially as of recent, has been accelerated. We had them on a
rotation for repair and or replacement, and unfortunately, the vendor that did that for a
considerable amount of time simply vanished.
We were startled by that and spent a considerable amount of time reviewing our are
available options. You'd be surprised how many people want to give it a try. Well, the
Public Works Department in the Town is not in the give it a try business. So we did
some research with the help of the procurement officer, Rob Durham, who's in the back
of the room, I believe, and discovered that the one GPA contract with a local, long time
established sign shop was the best affordable option for the Town.
As we discussed this and we've all had an opportunity to read this contract, $150,000 is
a lot of money. It certainly is. But when you look at the complexity and the size of these
signs, you have a little bit of a better understanding.
Now, keep in mind that some of the oldest ones that we have are currently still
operating on fluorescent tubes and, in rare cases, incandescent lighting. As we repair or
replace these sign faces and the casings that hold them up there, they will be
eventually, not right away, converted to a more efficient and more reliable LED system.
I would like to note that as a sample run with this group, we are going to be starting at
the intersection of Avenue of the Fountains and Palisades. Perhaps over the next couple
of days on your coming and going to different places. Perhaps driving by the future
Dairy Queen location, you can take a look at that area and have a better understanding
of why this is necessary. It simply has to do with the aesthetics, the upkeep, and the
appearance of the Town, and in order to establish that, and keep those goals, and meet
those demands, we have to spend money.
Please note we are confident in the process, but this is a new vendor to us in regards to
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this. So the first intersection will be the test to get the kinks and stuff out. If they are
able to accomplish that, and that will start in July and August most likely. Then we will
move to the next intersection that needs the most attention, and so on and so forth
until we get them all up and operating over the next 12 to 15 months. And then we'll go
back to a basic maintenance on the contract.
So the dollar threshold is an opportunity for staff to catch up on the backlog.
With that said, if there are any questions I can answer, I'd certainly be happy to do so.
MAYOR FRIEDEL: One easy question, this doesn't include the flashing stop signs that I
hope that if they're not working, they're not applicable, are they? Maybe that's --
maybe that's a question for Captain Thomas. If they don't flash, we don't have to pay
attention.
WELDY: Mr. Mayor, Councilmember. So I'm not going to speak on behalf of law
enforcement, but the flashing LED stop signs in the illuminated street name signs are
totally different.
MAYOR FRIEDEL: Okay
WELDY: Two different vendors, two different manufacturers. Two different challenges.
MCMAHON: I'll make a motion to approve.
MAYOR FRIEDEL: Second.
MAYOR FRIEDEL: Before we get to the vote, are there any comment cards, Town Clerk?
BENDER: No. No, Mayor.
MAYOR FRIEDEL: Thank you. Also, we have a motion and a second.
Can we get a roll call, please?
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Skillicorn.
SKILLICORN: Yes.
BENDER: Councilmember Kalivianakis.
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KALIVIANAKIS: Aye.
BENDER: Councilmember Watts.
WATTS: Yep.
MAYOR FRIEDEL: Vice Mayor Earle.
EARLE: Aye.
BENDER: Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you. Moving on to item D. It's consideration and possible
action related to any item included in the Arizona Cities and Towns weekly legislative
bulletin. There hasn't been a whole lot going on. They just went back into session.
So Town Manager.
GOODWIN: Yes, you're right. Monday there was not a meeting again. They just
reconvened. So we're kind of waiting to see where they go with the budget. Was there
any questions or anything else going on out there that any Councilmembers were
interested in? Otherwise, we're kind of sitting tight.
MAYOR FRIEDEL: Okay. So moving on to item 10. I'm going to recess the regular
meeting and open a special session. And that's a public hearing with consideration
possible action relating to resolution 2026-11 approving the final budget for the Town of
Fountain Hills for the fiscal year July 1st, 2026, and ending June 30th, 2027.
Town Manager.
GOODWIN: Mayor. Thank you. Arguably, this is the biggest action we take every year,
which is to adopt the final budget. The tentative budget was brought to you at our May
2nd meeting. So Paul is here tonight to present our final budget and walk through any
changes from that, present any details, answer any questions, and hopefully, move
forward with this item.
Paul, I'll turn it over to you.
SOLDNER: Okay. Mayor, Vice Mayor, and Council, thank you for the opportunity
tonight. I know last year, I kind of look back at last year's presentation, and there was a
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lot of public comment on capital project. And Rachael called this my Christmas Eve, and
it really is. It's my finish line. It's been a long year. We -- we do have a lot of public
input in this process. We have a lot of public discussion, and this is really a culmination
of that. So this will go quickly, and I'd be happy to answer any questions or discuss
anything in the budget if you'd like to along the way.
So here's everything public facing that we've done this year. We've had two work
sessions, which we kind of call retreats in November and February, where we were here
in the Council chambers about six hours at a time, discussing several budgetary issues
and priorities.
We also had an open house in the Council chambers, about 20 residents. I don't know
how many of those were staff, but about 20 people were there. But it was good. It was
a good conversation. I really appreciate those, you know, take some time to prepare.
But I do appreciate when the public comes to those -- those meetings.
March, we had a long meeting related to capital improvement plans for next year. We
discussed all the capital projects in depth. Then we brought the proposed work the
proposed budget, to a work session in April, followed by the tentative budget approval
last month. So tonight, this is our finish line, and I'm happy to be here.
Our tentative budget was approved unanimously by Council on May 5th, seven zero,
and it set the maximum budget for next year at $50.3 million. As a reminder, we budget
to make sure we're at least $1 below the constitutionally required expenditure
limitation of $38.2 million for next year that's set by the State. So we walked through
that quite a bit in previous sessions. But that's something as part of our practices and
our budgetary process.
Also, we have $1 million in our general fund contingency. We kind of talk about this
every year. We've talked about a few times. We were that was our goal going into this
process to have at least $1 million. We're like, really spot on, pretty much. And you
know, we've talked a lot about our conservative revenue projections. So at this point, I
do want to say, like I've talked about in some of our quarterly reports, our revenues
have started to pick up.
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The past five months have been much better than the previous year and a half. And so
for whatever reason, the Town is seeing raising revenues, a possible economic
expansion.
So going into next year, I feel really good. I think you're going to see a lot of quarterly
reports where we're, well, exceeding our projections, and we'll have to work that into
our fiscal year 28 budget plan to see if there's additional resources available.
Another thing to note, road paving in our operational budget. Last year we had a CIP as
well for Palomino, but we did -- the Council did approve an increase to our operational
budget for road paving at $6 million out of 8.3 million total in the streets fund.
One thing we also like to point out is what are our budget expenditures for all the
departments in the general fund, not considering the contingency. So you can kind of
see what's really going up in the budget. It's similar to last year, about four percent
increase of $900,000 at 25.8 million for next year.
This is kind of where we landed on all the buckets. We -- we like to call our funds
buckets. It's just a good way to illustrate. This is where the money is going for different
purposes. And as you know, our general fund pays for almost all the Town's core
services for our residents and $26.8 million for next fiscal year.
Streets fund 8.3 million, as previously discussed, our capital improvement plan $11
million, which is a decrease from fiscal year '26. But keep in mind, we are earmarking
other funds like development impact fee funds to pay for that -- that plan facilities
reserve funds 600,000 like we've discussed. We're earmarking some of that money to
go into the capital improvement plan. And we're also setting aside that lake cleaner
money, although part of that is also earmarked for the design of the lake cleaner project
for next fiscal year.
Special revenue fund. Most of that is just in case we receive grants next year. I know
we're actually going to start working with the fire department. I don't know if Rachael
knows this yet, but we're working with the fire department starting next week on
another grant application for next year, trying to apply to possibly get the feds to pay for
a fire truck. So that would be something that's exciting, but we'll have to see how that
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goes.
Economic development funds. So the three funds that the economic development
director manages, number one, the Economic Development Fund, Downtown Strategy
Fund and Tourism Fund, a little bit over one million and close to 1.1 million in total
across those funds, all other funds of the Town, about 14, 15 other funds. You're
looking at about 800,000. Most of that for vehicle replacements. So just wanted to give
a brief recap. I know we've talked about a lot, but that's kind of where we landed in the
final budget.
Total budget of $50.3 million. And so one thing, in our town code, it talks about how
the Council approves certain recurring goods and services, things we pay for year after
year, or things that are mandated that we've talked about with Council many times, that
proving the budget kind of similar to our approach with our fully authorized green light
capital projects that we can move forward on these items. So we're listing them here.
It's included in the budget implementation policy as well, and really should be familiar
with most of these.
The first three are related to the environmental program related to environmental
mandates at the County and state level that we kind of have to do, like street sweeping,
wash maintenance and things like that.
So in the general fund, out of the Public Works Department, $450,000 for Washington
Dam maintenance, 135,000 for street sweeping, and 103,000 for professional fees for
MS4 required program steps.
The next item, landscaping. If you look at the bottom line two, that's also for
landscaping. So there's some nuance to this. We budget for landscaping at our parks
and our facilities, out of the general fund and for our street medians and right of ways
out of our streets fund.
So you see the different budgetary items at 363,000, 346,000. But another nuance to
that is we just completed a bid process to find a new vendor for landscaping, and the
bids came in pretty well below those amount -- those budgeted amounts. So that's
something that would be an opportunity for next year to possibly consider reallocating
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some of that budget.
$6 million for the Pavement Management Program. You're approving it in the budget,
but we're also going to bring Justin back up another time to discuss the plans for next
year as well. And then, like we've talked about, we have other budgetary items in the
streets, fund for other streets, maintenance and repairs like striping, signage, concrete.
Those combined to be 320,000 and traffic signals 80,000.
So these are things that we do year after year that are in the budget. They may change
slightly year to year, but through the budget process, we're asking that you approve
that. So we don't always have to come back for specific Council approvals on these
items that are going on year to year.
So in a nutshell, this is what our budget looks like. You'll see that our projected
revenues and expenditures went down by about six percent. Most of that has to do
with the Dark Sky Discovery Center grant from last year or this year.
The Council -- I know I've said this so many times, but I just want to make sure that I'm
transparent. Explain to the public that we budgeted $3 million in projected revenues
and expenses last year for fiscal year '26, in case we were able to get that grant from the
feds to work with the Dark Sky Discovery Center. We did not receive that. So we did
not receive the money or spend it in the budget, we took it out. So it does make it look
like our budgets reducing in both aspects, but that's the main explanation. Also explain
the reduction in expenditures, our capital improvement plans a little bit lower than --
than fiscal year '26 at $11 million. Expense limitation exclusions at $12 million.
We are projecting or budgeting to spend a little bit less of those revenues. And it's just
simply because we're doing a lot of road work this year, so we don't have as many
exclusions to use. We're not using all of our exclusions, but we're using less than -- than
fiscal year '26.
And then the last one is the expense limitation at 38.2 million. That's not set by us.
That's set by the State in accordance with the Constitution and statutory guidance. But
it's something that we have to comply with as a town or any municipality.
So in a nutshell, we like this has been a good -- I would say, slide for us. We like to
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present it because I'd like to think it shows how we manage our budget wisely and lean
and conservatively. We compared and we did the same thing last year. We compared
all the same East Valley municipalities, most of them in Maricopa County, looking at our
budgeted amounts in the general fund, or if any other governments use other funds to
pay for public safety, because we were trying to look at core services, you know, public
safety, parks, development services, building things like that. So trying to compare
apples to apples to the best of our abilities.
If you look at our budget for fiscal year '26, the one we use, fiscal year '26 also because
that's what's available and ready for this analysis. So if we look at fiscal year '26 per
capita, we -- we budgeted $1,064 per resident, about 35 percent the amount the
Paradise Valley does for similar core services. So you know it -- you know, I would say
we're lean. I think the data supports it. And I do want to make that transparent to the
public. So that's why we present this.
And so with that, that's the budget in a nutshell, and I'm happy to answer any questions.
MAYOR FRIEDEL: I have a comment though. Thanks for the -- the great job you do,
Paul, and your -- and your team. And you can see how efficient this town is by your
numbers that you're showing there too.
So again I know we've gotten awards year after year for what you guys have done. So
we really appreciate your efforts and your team's work on this. So -- so thank you for
that.
SKILLICORN: Thank you, Mr. Mayor. And I'd just like to thank staff and the CFO. One,
you know, with such a great communication putting -- putting everything together so
people can easily understand it working with obviously quite a few different demands,
balancing that. And I also want to thank you for some good news. With the revenues
improving it really does seem like it's a well-oiled machine and things are going well. It's
exciting to see. It's exciting to see, you know, a new sales tax generator, and dairy
Queen coming to town. Grocery store, things like that. That's just such good news.
Over and over again, we hear a lot of good news. So thank you so much.
MCMAHON: Thank you. Paul, I really appreciate your and the staff's work. It's been a
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long road. We've gone back and forth a lot. And the budget shows your discipline and
respect for the Town and -- and the dollars that we do have and using them wisely. So
thank you very much. And also, congratulations on your award.
WELDY: Thank you.
MCMAHON: And I make a motion to approve.
WATTS: Second.
MAYOR FRIEDEL: And before we go to a vote, do we have any comment cards, Town
Clerk?
BENDER: No, Mayor, we do not.
MAYOR FRIEDEL: Thank you.
So we have a motion and a second.
Can we get a roll call, please?
BENDER: Councilmember McMahon.
MAYOR FRIEDEL: You know what? Before we do that, I think I need to close the public
hearing.
Now we'll go to the vote.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Watts.
WATTS: Aye.
BENDER: Councilmember Skillicorn.
SKILLICORN: Yes.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Vice Mayor Earle.
EARLE: I'd like to add to my vote, Aye. Merry Christmas.
WELDY: Thank you.
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BENDER: Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you.
WELDY: Thank you.
MAYOR FRIEDEL: Now, I'm going to close the special session and reconvene our regular
meeting.
And we'll move on to the call to the public. Do we have any speaker cards, Town Clerk?
BENDER: Yes, Mayor. We do. We had five speakers, but one individual left. And I
passed around what he left for you.
We will go with Larry Myers first, followed by Shelby Blecher, followed by Crystal
Cavanaugh, and then Wendy Dashel.
MYERS: Mayor, Council. Larry Myers, resident just shy of 45 years. So kind of timely
that we had our budget report, and it was efficient, and it showed revenues rising
because last week. I can't let this go without the public here and also the People
watching on TV.
There was a resident that stepped up to the microphone, and I'm sure it was for political
purposes, stated that their revenues were higher under a previous administration,
which I'm pretty well aware of that because I used to interact with David Paak quite
frequently, since the Town is pretty transparent in most aspects, especially in finance.
The revenues were not higher under the previous administration. If you take out the
$11 million handout from the federal government of the COVID money. So I'm sure he
was unaware of that. And it was a -- he'll correct his mistake the next time he steps to
the microphone. That's the first thing.
Second thing I have to correct. And it's not taking place here on the dais, but in the
newspaper and in social media, there are certain individuals that are taking credit for
bringing Sprouts here with a vote and blah, blah, blah, blah, blah. Well, I had a son that
worked for Sprouts a while ago, long before Sander even bought the plaza.
So there was no vote that brought Sprouts here. Sprouts was talking to the Basha
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family, who I am also pretty savvy with, the extended family. And they were actually
talking to the Basha family about the Basha store in the Basha Plaza before any of this
took place.
So they've been eyeing Fountain Hills for a long time, and it definitely has nothing to do
with 300 one bedroom apartments. It has to do with a pretty well-to-do community
that shops wisely, buys organic produce. And that's there a high end grocer, or a mid to
high end grocer. And they were actually talking about being in the Basha Plaza before
the Basha family sold it to the Sacramento Company.
So let's just make that clear because all of this is rather political. Let's put this
administration down and let's boost another administration up. And then let's take
credit for things we have no credit for whatsoever and just leave that be. We're lucky to
have Sprouts, and we'll be lucky to keep them.
Thank you.
MAYOR FRIEDEL: Next speaker.
BLECHER: Good evening, Mr. Mayor, Town Council. Shelby Blecher, resident of
Fountain Hills. A resident wrote something and posted it to several Facebook groups. I
feel the need to read that opinion into the record for everyone in Fountain Hills to hear.
The Democratic club stated position. You can go look that up. The stated mission
sounds pleasant on the surface, but it raises serious concerns about partisanship,
exclusion, and the narrowing of civic discourse in Fountain Hills, with the three liberal
candidates supported by the Democratic Club are proposing is not a community effort
but a political silo.
A mission statement centered on promoting the democratic community divides
residents rather than unites them. Fountain Hills belongs to all the residents, not any
one political party.
The mission statement also promises to support democratic values, goals and activities.
But which values which goals residents deserve specifics, not vague political slogans.
And that raises a larger issue. We keep hearing about fiscal responsibility, transparency,
and community engagement from our liberal candidates. Those sound great, but they
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are assertions, not evidence.
If the Town government is failing, where specifically, what spending would they cut or
reprioritize? What budget decision lacked transparency? What process would they
replace? What policy should have been adopted but wasn't, and what harm resulted?
These are not trick questions. They are the minimum standard for anyone seeking
public office.
The facts matter. Fountain Hills already operates with a balanced budget. The Town
maintains public participation through open meetings and public comment. It already
has an active economic development strategy focused on supporting local businesses.
So if transparency is lacking, what's being hidden?
If businesses are being harmed, which businesses and by what policy? If fiscal
responsibility is lacking, which expenditure is irresponsible? Specifics matter. Good
ideas should stand on their own merits. They should -- they should not need Partizan
branding.
And perhaps the most revealing part of the mission statement is its commitment to
encouraging and supporting Democratic candidates. Let's be honest about what that
means. This is not civic mission. It's a political campaign objective. Fountain Hills works
best when ideas compete openly. Leaders are judged by results, and residents are not
sorted into political camps.
If the goal is truly to serve the community, then the mission statement should be about
that. What is best for Fountain Hills, not what is best for the political party.
That's the end of that statement.
Lastly, let me talk about messages on the liberal candidates' signs and the PAC that
supports them. Civility and collaboration. Decency and respect. Did the two
Councilmembers sitting on the dais today, along with the former Mayor, care about
collaboration after the last election? Councilmember Earle received enough votes to
win the primary outright. But the People telling us they want collaboration only
collaborated, conspired would be a better word to prevent Earle from being seated
early. Not very collaborative and not something we're going to easily forget.
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Thank you.
MAYOR FRIEDEL: Next speaker.
CAVANAUGH: Good evening. Crystal Cavanaugh, Fountain Hills resident. What is
civility? Simply put, it's courteous behavior. Politeness. What is collaboration? The act
of working together. United labor, although not necessarily agreement in the end
result.
After observing and participating in Council meetings over several years, I've seen this to
be the overall working relationship that already occurs on this dais, with a few
exceptions, of course, at least publicly. Not sure about behind closed doors. So why
would a civility and collaboration platform from some suddenly be the priority, as
though it is a change from the current way of this Council? Wouldn't it be better to
explain strengths, views and philosophy, especially when so-called supporters of civility
don't respond civilly at all to discourse they disagree with, signs they don't like, and
spew actual hatred towards others.
Nothing polite towards those they disagree with. And I speak from personal experience,
whether it be on social media or letters to the editor calling orange PAC signs vile,
disgusting, and nasty, while unable to provide specifics. You don't like a specific political
message on a sign, drive on by. You don't like the word blue or leftist or no primary
property tax. Drive on by.
Don't cut zip ties, tamper damage, or steal. That is not civil, but it may definitely be part
of a collaborative effort. It's really just a disagreement on philosophy. But when you act
on that, you're not civil. Verbal assaults and personal insults. Threats to slap someone
while calling them disgusting. Stopping a vehicle in the middle of the street to scream
how they hate your orange signs. A driver yelled -- a driver yelled hate for orange signs
that just had candidates on them with the words experience, pro-property values, pro-
family and schools, and pro-residents and pro-business. At this point, it's like a
Pavlovian response to the color orange. When you claim you're taking some kind of
moral high ground, yet drive around with a back window with vinyls that, say, ravaging
our town with the word rot and a skull and crossbones, or a vehicle that has candidates
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sitting amongst garbage bags with negative wording. Or if placing your choose decency
and respect sign, you put it right next to your other sign that says extremists destroy
towns, reject Turning Point's Ben Larabee. You may definitely lose some credibility.
It's a PACs job to support their preferred candidates with attention getting messaging
and Reclaim Our Town does exactly that without pretense. Thank you.
MAYOR FRIEDEL: Next speaker.
DACAL: Good evening. My name is Wendy Dacal. I'm a 20-some-year resident here,
and before I get to what I was going to say, I have to address some of that stuff.
Hatred, Ms. Cavanaugh, I remember last meeting, you were just smirking at the fact that
people were condemning you for the wordage in one of the signs, and you just thought
it was so amusing that there was a double entendre there, and that it just brought more
attention to it. So you were so happy that there was a problem with it.
And unity and division. Oh my God, I would rather you come into town, and you see the
signs that say, this is horrible, though, you know, don't -- don't vote for them. And then
you see something that says civility, you know, which would you rather pay attention
to? I know which I would.
But anyway I just don't understand this. It's just beyond me. But shame on you.
Especially you, Mayor Friedel. It wasn't enough to cripple Ms. Kalivianakis' campaign
financially, and setting her back weeks due to her weak and without merit C and D
order. But then you had to come around with this. There is civility. There is hatred
right there. That -- what was the purpose of that? What -- what is this meant to prove?
Nothing except that you're a very vindictive person. Also, the signs that Mr. Larabee has
have definitely have the fountain on them.
Where is his cease and desist order? It didn't have a K. It's a fountain. Then Mr.
Larrabee shows up at the Town Council forum, and he's the first one to start slinging the
mud. Well, our -- these candidates said we want to vow to have clean campaigns, but
did any of the rat people jump on that bandwagon? They sure didn't. They'd rather
gloat at those disgusting signs that they're so proud of.
My -- my concern is that people come into town, they see these signs that are obviously
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meant to alienate people and say, I don't need this. I don't want to live here. I don't
want to do business here. This is a terrible place to be. Thank you very much for setting
my beautiful town that I was so proud of into such disgrace.
MAYOR FRIEDEL: And since you mentioned me by name, I will address the fact that, A, I
didn't send out that card. My cards are totally different, very professional, and B, I had
absolutely nothing to do with delaying Councilwoman Kalivianakis' campaign at all.
I also had to make changes to my website. The only difference was I didn't go to social
media. I didn't go to the newspaper. You know what I did? I changed my website. So
we'll end -- we'll end -- we'll end right there. We'll end right there. Thank you.
We'll move on now. Is there any other speakers?
BENDER: No, Mayor.
MAYOR FRIEDEL: Thank you. We'll move on now to Council discussion and direction to
the Town Manager.
Does anybody have anything?
Okay. How about future agenda items? Does anybody have anything?
Councilman Watts.
MAYOR FRIEDEL: Town Manager, do we have an update on where we're at with the e-
bike situation? And maybe that's next agenda item not to discuss right now, but to
make sure that we're pursuing it. If I can get an update next time.
GOODWIN: Yes, absolutely. We can certainly do that. We've been taking steps
internally to -- to address that, but a full update we can certainly add to the next
agenda.
WATTS: Thank you.
MAYOR FRIEDEL: Anybody have anything else?
I'll take a motion for adjournment.
KALIVIANAKIS: Motion to adjourn.
WATTS: Second.
MAYOR FRIEDEL: All in favor?
ALL: Aye.
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Having no further business, Mayor Gerry M. Friedel adjourned the Regular and
Special Session of the Fountain Hills Town Council held on June 2, 2026, at 6:52
p.m.
APPROVED:
____________________________________
GERRY 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 AND SPECIAL TOWN COUNCIL MEETING OF THE TOWN
COUNCIL, TOWN OF FOUNTAIN HILLS, ARIZONA, HELD ON JUNE 2, 2026. I FURTHER
CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS
PRESENT.
________________________________
BEVELYN J. BENDER, TOWN CLERK
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TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
June 16, 2026
A Regular Meeting of the Fountain Hills Town Council was convened at 5:28 p.m.
Members Present: Mayor Gerry M. Friedel: Vice Mayor Gayle Earle;
Councilmember Rick Watts; Councilmember Peggy McMahon; Councilmember
Brenda J. Kalivianakis; Councilmember Allen Skillicorn
Councilmember Hannah Larrabee attended by telephone conference call.
Staff Present: Town Manager Rachael Goodwin; Town Attorney Jennifer J.
Wright; Town Clerk Bevelyn J. Bender
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Post-Production File
Town of Fountain Hills
Council Meeting
June 16, 2026
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.
* * * * *
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MAYOR FRIEDEL: Thank you. Okay. We will now move on to our regular town council
meeting. Would you all please rise for the Pledge of Allegiance?
ALL: I pledge allegiance to the flag of the United States of America. And to the Republic
for which it stands. One nation under God, indivisible, with liberty and justice for all.
MAYOR FRIEDEL: And if you choose to, we'll have a moment of silence in place of an
invocation tonight.
Thank you. Town Clerk, could I get a roll call, please?
BENDER: Mayor Friedel.
MAYOR FRIEDEL: Present.
BENDER: Vice mayor Earle.
EARLE: Present.
BENDER: Council Member Kalivianakis.
KALIVIANAKIS: Here.
BENDER: Council Member Watts.
WATTS: Present.
BENDER: Council Member Larabee.
LARRABEE: Present.
BENDER: Council Member McMahon.
MCMAHON: Here.
MCMAHON: And Council Member Skillicorn.
SKILLICORN: Here.
BENDER: Mayor, you have a quorum.
MAYOR FRIEDEL: Thank you. And we'll move on now to our summary of current events
by Town Manager, Rachael.
GOODWIN: Thank you, Mayor. I have a little list tonight, so please bear with me. A
couple of pertinent updates for the community. First, I want to thank all the teens who
participated in our video game tournament last week. Registration was full with more
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than 30 kids competing in two age groups for bragging rights and cash prizes in both
Mario Kart and Super Smash Brothers. It was great to see such strong participation in
one of our summer teen programs. It's also really fun to see the staff getting ready for it
as they work on their skills. It's a -- that's a fun day.
I also want to recognize our finance team for a recent notification from the Government
Finance Officers Association. We just received a notice that the town was awarded the
Triple Crown award for all three of our FY 2024 financial reports. This is a significant
achievement, and Fountain Hills is only one of 440 governments to receive this award.
And that is for 440 nationwide. It's -- I want to say it's fewer than a dozen or so in
Arizona. So it's a pretty big deal. So congratulations to our finance team and everyone
involved in maintaining the town's high standards for financial reporting and
transparency.
Looking ahead, we have our annual Fourth at the Fountain celebration taking place on
Saturday, July 4th at Fountain Park. The event begins at 6:30 and is free and open to the
community. This year's celebration will feature Roger Clyne and the Peacemakers,
which is a really a very, very fun act and he will be taking the stage around 7:30,
followed by fireworks over Fountain Lake beginning at 9. We are also expecting a
flyover from Luke Air Force Base and their 56th Fighter Wing, featuring four F-35s at
approximately 7:30. But of course, that timing is a little subject to -- you know, to flight
operations and weather. We encourage everyone to come out, bring chairs and
blankets, and enjoy the evening.
Shifting gears a little bit, EPCOR will be holding an in-person meeting regarding its rate
increase application next Wednesday, June 24th at 5:30 at the Community Center. I
encourage the public to, if not attend, at least read up on what EPCOR's requests are.
Residents who are interested in learning more about the application or providing input
are welcome to attend. So again, that's 5:30 next Wednesday.
Separately, residents should also be on the lookout for information about a public
education session later this summer, where EPCOR will share information and answer
questions related to water usage in Arizona and how those broader issues affect us here
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in Fountain Hills. Water is obviously a very real and very in-demand resource, and it's a
very important topic for many in our community, and this will be a good opportunity for
residents as well as our council, you guys are also invited to attend, to learn more, ask
questions, and better understand the issues affecting our region.
Okay, one more. I also wanted to remind everyone that Election Day is July 21st. Mark
your calendars. Residents are encouraged to make a plan to vote and watch for official
election information from Maricopa County. I know our town website is maintained and
updated with the proper links as well as election information can -- is also available at
Be Ballot Ready dot vote.
So finally, following tonight's meeting, the council will begin its summer recess. So
tonight's council meeting will be the last, and we will resume our regular meeting
schedule on Tuesday, September 1st. We will be posting any special meetings that may
be happening over the summer, but this is our last regularly scheduled meeting.
Mayor, with that, I think those are all my updates.
MAYOR FRIEDEL: A lot going on. Thank you. Now we'll move on to presentations.
Rachael?
GOODWIN: All right. Sorry about that. All right. Tonight we have our economic
development and tourism actually specific to our tourism update from Amanda Jacobs.
She's going to be giving us a fourth quarter update.
JACOBS: Good evening, Mr. Mayor, members of council. So we're doing things a little
bit different today. Usually it's an economic development update with just a few slides
regarding tourism, but we try to encourage ourselves to toot our horn sometimes and
there's been some record-breaking numbers. So we wanted to switch gears especially
as we enter the summer months to provide an update.
So highlights. Our occupancy from January to May 15th, and so here you're going to see
where it kind of fluctuates by dates. But the 15th is that's when I had to start putting
together my staff report and PowerPoint. We don't just do it today. And during that
period too, there was 15,000 new unique visitors to the website. We'll get into this a
little bit later, but one of our record breaking was 1.1 million Facebook views, a 14
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million Wildjoy campaign impressions, we produced ten professional videos. And then
you'll see over 100,000 with our fountain live feed and earth cam.
So sometimes if our visitors can't make it to Fountain Hills, they'll reach out to us if the
camera is dirty. As they're chilling in Montana to say you need to clean this up. I love
looking at the fountain. And so we'll get some of those calls to experience Fountain
Hills. Our viewership. So again, I'll point out, sometimes people are confused, but the
left column is the top five in Arizona that are coming to the Experience Fountain Hills
website and the top five nationally. You'll see, hasn't changed since the previous
quarter.
And then what helps with this too, even though this is tourism, is sometimes this also
ties into business attraction and what the Greater Phoenix Economic council is doing
and is in alignment with as we try to attract businesses not just to Fountain Hills, but the
region and the state.
All right. So we could be here all night but wanted to highlight. One thing that we
wanted to do this fiscal year is we really needed to update and freshen up the content
on our website. So you'll see -- you may need to put readers on, but the left side you'll
see that we highlighted with photos our hotels, and there was a brief paragraph. And so
what's next to it is we've completely revamped it. I encourage people to go to our hotel
and resorts page and now it's expanded. It adds Google reviews, what amenities are
offered. And then there's also a button called make a reservation. So a call to action
that was launched in December. And then you will see there was an 81 percent
increase. And so what we can gather from that as well as our CFO, we sometimes tease
each other internally. But last month he told you we were seeing some great numbers
when it came to bed tax and our sales tax. And so sometimes he jokes, maybe it's the
economic development efforts. And I say maybe, here are the numbers. But there
could be a correlation. And again, selfishly, we prioritized something like hotels and
resorts because selfishly, we don't have a local primary property tax and we rely heavily
on sales and bed tax.
And then record breaking. This is a screenshot because we have dashboards. But our
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town strategic plan, you know, as well as our community economic development
strategy, calls out that we want to attract younger families. And so the last three
months again this is the first snapshot, but you'll see the last three full months. We are
targeting people in the 25 to 34 age. So what we're doing is working. And part of that
again later on is our tagline is naturally, Fountain Hills. We're naturally fun. We're
naturally adventurous. We're naturally innovative. And so what we've been doing is
making sure that we have fresh content. That we're not doing stock photography, that
people are seeing their neighbors, their business people, and that it's very authentic and
naturally, Fountain Hills.
And then you'll see to our Facebook, we hit over a million Facebook views reaching
people from across Arizona. And we're seeing too in our stats, Canada, Mexico, the
United Kingdom. And we mentioned this previously. This is -- these are good targets as
we look to open the Dark Sky Discovery Center.
Some brief updates on our Prop 22 grants. So this current fiscal year, which will end
June 30th, earlier this year we did apply for Fort McDowell Yavapai Nation grants. We
did not receive any funding. We have submitted a request for $20,000 for marketing
efforts. We should know by July or August if that will be awarded. Salt River Pima-
Maricopa Indian Community, the last few years they've increased the ask from 30,000
to 50,000 and so that is benefiting our music fest. And so that's a photo of just this year.
And then with the Salt River they actually will invite the town to apply. So it's not open
to everybody, it's just specific to the town. And so we're waiting for that invitation. And
Gila River Indian Community, last year we attempted this. The town as far as economic
development and tourism was not awarded, but the Fountain Hills Chamber of
Commerce was. And so we're serving this year and the next two years as a pass
through. And this year, economic development chose not to apply. Again, sometimes
it's a stretch when it's not your neighbor. But our fire department did apply and
hopefully we'll hear later in the summer.
Our Prop 302 grants this year, we secured over $76,000 and the estimate -- and it's
always an estimate. We'll see how things trend and the State will report back to us, but
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we're anticipating to get over $90,000. And then it's very stringent on what we can
apply for. So again print advertising, our visitor's guide, video production, et cetera.
And then so we wanted to highlight this and I want to give a shout out.
A couple of years ago our recreation program coordinator Skylar Thomas said, Amanda,
we have our internal marketing team, but it's like we really need to get in touch with a
social media influencer. And so I asked her if she wanted to help with that. And then so
she did a little bit of research and then we reached out, several years ago to see if Lacey
Kane (ph.), the founder, wanted to work with us, and through grant funding, we've been
able to work with Lacey and Lacey's in-laws happen to be Fountain Hills residents. So
that is a nice connection, but we had to receive a report since this is tied to Prop 302
funding. And then she let us know there was over 12 million impressions, so actually
over 14 million impressions. And this is the largest. And so I was like toot- toot for
DMO.
So DMO is a destination marketing organization. So think of Visit Phoenix, Visit Mesa,
where some of those giants, they're not connected to a town government. They are a
separate convention visitors bureau. And so again, we made a record, so the largest
campaign in history. And then just want to point out too, we are always looking at the
data. How do we change? Is what we're doing working? And so you'll see two based
off of TikTok. And it's her TikTok again, the town does not have a TikTok. So to have
that on record and her Instagram again, she is also hitting that 25-to-35-year-olds,
where again, they're looking at Fountain Hills. And so this past year we did stuff again
on the fountain, us being number three in the world as the tallest. We also did, did you
know, about some of our restaurants and that there's not just American food, there's
Cuban food, there's Mexican food. And then because she likes us, she'll do some fun
things to also boost things and add other videos. And so we just found out, too, we'll
get some more grant funding to work with her next year.
And then again, we're talking about tourism. But again, with economic development
everything is interconnected. And so you'll see, too, that we were able to produce ten
professional videos. Those are sliced up and put up on our Experience Fountain Hills
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social media. It's also located on our video gallery under Experience Fountain Hills. And
so our businesses appreciate it because all they have to do is say yes and be ready. And
then we have a contract with DayLite Films, so Andrew Day, who is a local business and
resident.
And then you'll see too, I noticed when I started here our photographs needed some
help. They were outdated. And so we've been really trying to get fresh content and so
we've been also doing that for the businesses. After we do the initial launch, we also
share some of those photographs. And so again, in the interest of time, I won't read
everything to you.
And then want to give a shout out to Night Sky Tourist. So again, that is Vicky Derksen,
who is a resident. Again when I started, it has been over four years, can you believe it?
We were being very reactive, yet we had this International Dark Sky designation. And so
for the last two years, she has helped for free to put together the international Observe
the Moon night in partnership with Experience Fountain Hills, as well as the Geminid
meteor shower watch party. She also has a partnership with ADERO between October,
May-ish when again, it's not so toasty outside. And then you'll see here she also does
private events and then you can see 80 percent she gathers are visitors that are coming
to Fountain Hills and she gave her last hike report. And then you'll see -- so she
specifically asked we'd had a recent meeting of just where are you coming from?
Where are you hearing about this? And so these folks had directly noticed the
information on our Experience Fountain Hills website and can see that they are visitors.
So there's that Montana again, they're having a girls' weekend here in Fountain Hills.
And then want to call out some of our conferences. We've been trying to work really
hard with our community center, as well as event organizers that if you were having a
conference in Fountain Hills, you need to coordinate with the Experience Fountain Hills,
because if you don't have a room block, we have no idea that you are tied to that event.
It just seems like you're a leisure traveler. Or if you select business, it's just business and
there's no other data. And so we coordinated months back with the Museum
Association of Arizona. They had 87 people registered and then we helped secure room
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blocks with two of our hotels. The owner did say of Spark by Hilton. Unfortunately no
one stayed there, but at least two at Fountain Park.
And then want to put in a plug with our Madam Clerk. So the Arizona Municipal Clerks
Conference, they have been hosting that conference here in Fountain Hills for actually
15 years. And we've struggled the last few years, but you all know our Madam Clerk,
Bev. She knew who to speak to, to try to actually get a room block. ADERO stepped up
at a wonderful rate of $144. So you can't beat that. And then also just communicating
with the clerks because they like to stay in Fountain Hills. They were a bit confused too,
with the -- the Scottsdale name. And so I said it's a branding thing. They do -- actually
they are located in Fountain Hills, we collect that sales tax. So once we know more
numbers, we'll report back in the fall.
And then this is just again some advertising that we're doing in magazines. Sometimes
our residents say I don't see any advertising. And then I always tell them no, because
I'm not targeting you. You're already here. So some key takeaways is again, we've
reached record audiences. Also, things don't happen, change doesn't happen overnight.
So I appreciate everyone's patience. It takes time to -- to build up our marketing. Again,
the video, the photography, the grants have helped, but do want to say the AOT Prop
302 sunsets in 2031. I've already told the CFO and town manager we'll be thinking
ahead already of next year of making sure that we're not losing certain funding. So for
example, our annual visitor's guide that everyone loves, that is 100 percent paid by Prop
302. So starting to think ahead and do want to say this council and councils past, you
guys have been very supportive of approving budget requests for marketing. So thank
you; I appreciate that.
And then just looking ahead, we're going to continue what we've been planning to do.
And then just one hot off the press. Earlier this calendar year in January I met with Joe
Bill and Geoff Yazzetta of the International Dark Sky Discovery Center and said, okay,
guys, we need to start gearing up. What is our messaging to the domestic and
international travelers? And they looked at me and said, Amanda, we're trying to open
the building. And so I'm like, I understand. And so a couple weeks ago in very rapid
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order, I said, would you be okay? Can we partner together? We feel like it's a win-win.
If we put in for a $15,000 grant to have a third-party work with us on that exercise,
because in short order, we are going to need that. So again, we're not being reactive.
We are strategically positioning ourselves. And so we were awarded $15,000 to do that.
So super excited and so we will let you know the outcome of those efforts.
And with that, Mr. Mayor, happy to answer any questions.
MCMAHON: Thank you. Amanda, I don't mean to put you on the spot, but if we can go
back to the record-breaking performance and that's on social media, Facebook and
Instagram, is there any like one or two special things that they're clicking on that that is
making it a record-breaking performance, or is it just mostly all the pictures or whatever
is being posted?
JACOBS: It's mostly all of it, but you'll see, we've been targeting a lot of what does
extremely well is, of course, just the fountain and then the events. That is -- like the top
three of people getting super excited. And then our last car show with Concours in the
Hills also reaching out to legitimate videographers of hey, can we share your -- your
drone footage? And some of that is just -- it just skyrockets.
MCMAHON: So basically it's all the bouquet of events that we have and the attendance,
et cetera, that you guys are posting and attracting more visitors and looking to, you
know, a younger media age medium, right?
JACOBS: Correct. Yes.
MCMAHON: Okay. Thank you very much.
JACOBS: Yes. You're welcome.
SKILLICORN: Mr. Mayor, Director Jacobs. So Mr. Mayor, Director Jacobs, what tools are
you lacking? I mean, is there anything that we can provide to you? Are there events
that you need to happen? What more do you need?
JACOBS: Mr. Mayor, Council Member Skillicorn. We just adopted the budget. So right
now I would -- say we don't need anything just yet. But come this fall, maybe we will --
maybe we'll reach out. Part of it to you guys received the memo. I'm operating solo in
my department. So some of it then is resources that, you know, you could dedicate
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money, but if you don't have the human capital behind it, that becomes a challenge. So
I appreciate the question. We'll give it some thought, but in the immediate we have the
tools. And again I'll say from council members past and then this body, you guys have
approved several hundred thousand dollars towards marketing.
SKILLICORN: And Mr. Mayor, Director, and I'm kind of specific. I mean, would you
appreciate more events? You know, currently I'm not sure. It sounds to me like, you
know, like Mike Pelton is very helpful, but you know, is -- do you have enough tools to
do what you need in house? Or I know you, there are some people that are going out,
but you know, what more do we want?
JACOBS: Mr. Mayor, Council Member Skillicorn. One item, but again, we've sort of --
pun intended. Check, please. We have in our community economic development
strategy to work with the national event promoter. We'll say too because there are so
many events and so not just put on by our community services department, but other
third parties. Then it becomes too is their availability and the staff resources to support
it. But we're always working with the town manager as well as the community services
director to -- evaluate certain projects. So last year we were considering something.
But again, their window didn't match with us because things were booked.
SKILLICORN: And Mr. Mayor, Director last follow-up, I promise.
JACOBS: Think he's going to ask me again. What should I say, Council Member
Skillicorn?
SKILLICORN: No, you -- reminded me because I know we've talked about, you know,
some sort of like outsource outside event planner coming to us and doing an event. So
it sounds like you're open to that. Do they have the tools? I mean, that they can
contact you? Do they know that we're open for business? That's really the question. I
mean, if you wanted to have an event here, let's say you wanted to do your community
event or you know, or you just want to get a permit and rent out the park and do some
big event that the town would benefit from. Are we talking the right people? Are we --
are the people are aware that we're open for business?
JACOBS: And so Mr. Mayor, Council Member Skillicorn, the answer is yes. And they've
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been willing participants to come to the table.
SKILLICORN: Thank you.
KALIVIANAKIS: Thank you, Mr. Mayor. Thanks for the report.
JACOBS: You're welcome.
KALIVIANAKIS: When we see record-breaking performance, Instagram breaking 30-day
records. Well, this doesn't happen in a vacuum. This is a lot of hard work. And I know
you've been putting in long hours, and so I want to thank you for this great report. I also
want to thank you for covering tourism tonight and expanding your normal report,
because as we know that small business is the economic engine of Fountain Hills and
tourism drive small business. And so I encourage you to continue with the tourism,
keep updating us on what's going on there, and keeping innovative in your techniques,
because I'm really thrilled to see these numbers.
Lastly, and this isn't the town deal. It's a Dark Sky deal, but my number one question is
when are they going to open those doors? And you mentioned the Bills are like, yeah,
we're trying to get the doors open. Can you give us an estimate on when that's going to
happen?
JACOBS: So Mr. Mayor, Council Member Kalivianakis, the last report they gave us in
their newsletter was January 2026. As of last week, I spoke with our building official.
We have not received their plans for the next phase. So again, as soon as we receive
those, we'll get rocking and rolling and hope to approve those.
KALIVIANAKIS: Thank you.
JACOBS: You're welcome.
GOODWIN: Thank you, Mayor. Amanda, I just wanted to say I have a unique
perspective in that I get to work with you every day. I also, previously in different roles,
have had a little toe in tourism and what you've done has been really fantastic. So
thank you for what you do each day, even with a very, very, very small team. So you've
really done a lot. Thank you.
JACOBS: No clapping. Don't get me in trouble.
WATTS: I keep hitting the wrong button, sorry. Do you keep metrics on the various
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events as far as restaurants, hotels? I see do the hotel thing, but do you keep the
metrics? So kind of like what Councilmember Skillicorn was saying, it would guide us in
a certain direction. Maybe kite flying is not quite as productive as Irish Fest. And I don't
mean to pick on those two, but do you keep those type of metrics as well? So to help us
next time maybe to help you?
JACOBS: Mr. Mayor, Council Member Watts, that is a little harder, specifically with the
restaurants. One, the sales tax again, is proprietary, so even to me. So a lot of people
think that I have that, that is just the CFO. I don't get to see those numbers. What we
will do and a few months prior, Council Member Larrabee joined me on a business
retention site visit. And so some of those site visits were hearing directly with some of
the businesses. And I'll say depending on the restaurant or the retailer, it's very mixed
of we love this. And then some people are like, well, people have issues with parking,
and so they receive no benefit. So it's really hit or miss. We're starting. So for instance,
just thinking ahead and what Council Member Kalivianakis says, we've been pushing
again with some of the restaurants. So during the summer, people like to reduce their
hours, they like to take a week or two off, to let us know so that we're not sending
people, and then they're closed.
Working with them too, we've made observations where they did contact us and they're
like, we love your help. And then we're monitoring, okay, you let us know, but you
haven't changed it on your website or Google Maps. That we can't do anything about.
We can educate them, but then it's up to them. And so some of it's through site visits, if
again so the previous month our CFO acknowledged just seeing that sales tax increase.
So with the restaurants is a bit harder, Council Member Watts.
WATTS: Okay. Well, thank you for that. It does look like we're going in the right
direction, so nice job. Thanks.
JACOBS: Thank you.
EARLE: Since everyone asks -- everybody asked so many questions already and we have
a full night tonight, I just want to say thank you.
JACOBS: You're welcome.
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SKILLICORN: Thank you, Mr. Mayor. And there has been some great questions. And it
actually led me to my next one. And I kind of wonder about the economic development,
working with finance a little bit. And I know that I assume at least that the sales tax
information is not immediate. We don't know, a week later, oh, look, that weekend was
really strong, right? It's delayed, but I kind of wonder when we do get that information
and then if it's possible to see it by date or weekend or something. And then the back
date and what happened then. And I really think that would be a very valuable thing,
because ultimately we are doing these events because we love the town and we're
providing something for our citizens. But we also know that sales tax is a crucial part of
our budget, and successful events and sales leads to nicer things.
So that's -- I just want to make sure we're working together and we don't need an
answer right now. But just something to think about going forward is the back date and
go, hey, that was a very successful time for us. What else was going on in the town?
And maybe there's also some things that we put a lot of energy into that don't provide a
lot of those resources. And I'm not saying we don't do it because we still love
community events, but we just -- the metrics are important, and it's important that we
are looking at something and we actually can make those decisions. Thank you. It's
been a great discussion.
MAYOR FRIEDEL: Thank you for your efforts. You can see the results and all the hard
work that you put in there. I'll throw out a little teaser. Can you use some covered
parking?
JACOBS: That's a separate agenda item, Mr. Mayor. Thank you.
MAYOR FRIEDEL: Okay. Now we'll move on to our proclamation. Our Vice Mayor is
going to handle the proclamation for July as Park and Recreation Month. Vice Mayor?
EARLE: Thank you, Mayor. Whereas the town of Fountain Hills is committed to
enhancing the quality of life for residents through exceptional parks, trails, recreational
programs, and open space. And whereas parks and recreation promote health and
wellness, provide opportunities for active lifestyles, strengthen community connections,
and encourage residents of all ages to enjoy the natural beauty of Fountain Hills. And
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whereas parks and recreation services or service -- yeah, services contribute to the
environmental, social, and economic vitality of our community and help make Fountain
Hills a desirable place to live, work, and visit.
And whereas -- and now, therefore, Mayor Gerry Friedel, together with the town council
of the town of Fountain Hills, Arizona, do hereby proclaim July 2026 as Parks and
Recreation Month and encourage all residents to recognize and celebrate the important
role that parks, recreation facilities, programs, volunteers, and staff play or play in
making Fountain Hills a vibrant and healthy community.
MAYOR FRIEDEL: Kevin. Kevin, come on up.
And now we'll move on with the Mayor's business spotlight and tonight it's Graze Craze.
This month, it's my pleasure to recognize Graze Craze as our mayor's business spotlight,
a business that has become a wonderful addition to Fountain Hills, the Fountain Hills
community. Graze Craze specializes in beautifully crafted charcuterie boards and
grazing boxes that bring people together for celebrations, business gatherings, and
everyday occasions. Their philosophy is simple; every moment is worth celebrating, and
great foods help create meaningful connections. Each board is thoughtfully arranged
with fresh, high-quality ingredients and designed to deliver the wow factor while making
entertainment easy and stress free. Whether you're hosting a community event,
business meeting, client appreciation gathering, family celebration, or simply treating
yourself, Graze Craze offers a convenient and memorable catering -- experience.
The town has had the opportunity on many occasions to enjoy Graze Craze offerings at
several council and community events, where they have consistently delivered
exceptional quality, preservation, presentation, and service. While Graze Craze is a part
of an international brand with locations across the United States, Canada, France, and
Australia, our Fountain Hills location is proudly owned and operated by Steve
Weberman. Steve's commitment to customer service and community involvement has
helped make Graze Craze a valued member of our local business community. We
appreciate Steve's investment in Fountain Hills and his dedication to providing a unique
dining and catering experience for residents, businesses, and visitors alike. On behalf of
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the Town of Fountain Hills, congratulations to Graze Craze on being recognized as this
month's Mayor's Business Spotlight.
Steve, if you're here, come on down, please.
WEBERMAN: Hi. Hi, everyone. If you haven't had our board, please order one. If
you've had one, I've hoped you enjoyed it. We're doing really well. We've -- actually,
because of our Fountain Hills success, we've opened up locations in Desert Ridge and
Deer Valley Air Park. So we're doing quite well. And you know, we appreciate
everything. We celebrate everything. And come on, stop in. We've got art in our place,
too. We've got a charcuterie manufacturer that's put stuff in our place, actual boards.
Not just the food and meat like we do, but also we have a local artist that's putting stuff
in our place as well. So stop in and say hello and say hi to Susan.
MAYOR FRIEDEL: Thank you. Okay. And now we'll move on with our consent agenda.
Can I get a motion?
EARLE: Motion to accept the consent agenda.
SKILLICORN: Second.
MAYOR FRIEDEL: We have a motion and a second. Can I get a roll call please, Town
Clerk?
BENDER: Council Member Skillicorn.
SKILLICORN: Yes.
BENDER: Council Member McMahon.
MCMAHON: Aye.
BENDER: Council Member Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Council Member Watts.
WATTS: Yes.
BENDER: Council Member Larrabee.
LARRABEE: Yes.
BENDER: And Vice Mayor.
EARLE: Aye.
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BENDER: And Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Mayor, seven zero.
MAYOR FRIEDEL: Thank you. We'll move on to our regular agenda item a, which is
considerable -- consideration and possible action regarding the town's direct report,
employment contract amendments and updated agreements, as applicable for the town
manager, town attorney, town prosecutor and presiding judge, town magistrate. And
authorizing the mayor, town manager, attorney, and town clerk to take all actions
necessary to carry out the intent with Town Manager.
UNIDENTIFIED SPEAKER: Mayor, just to be brief, these positions report directly to the
town council. Therefore, any direction regarding these need to come from this entire
body, which is why they are on the agenda tonight. Specifically, the direction was to
bring these contracts forward to update and align them with the fiscal year. So any
further questions? We do have staff here if we -- if there's any discussion. With that, I'll
turn it over to you.
SKILLICORN: Thank you, Mr. Mayor. I do have some thoughts and comments on this
and -- on this particular one. And I think there are other people have questions also, but
specifically there's a few items. One is or a couple of them are the attorney -- sorry, the
prosecutor and the judge. And this, even though this is just a -- more of a we're giving
reviews to these individuals, we're not changing the contract. But I just want to point
out --
MAYOR FRIEDEL: Do you have a specific question, Councilman?
SKILLICORN: Not this time. But I mean, I have comments on it.
MAYOR FRIEDEL: Town attorney?
UNIDENTIFIED SPEAKER: We take questions first, and then we go to comment cards and
then we have discussion.
MAYOR FRIEDEL: Do you have any questions?
MCMAHON: Yes, I do. I notice in this agenda item there are all four individual
employment contracts are grouped into one. I think -- personally I think that these are
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very, very important. You know, one for the prosecutor, one for the judge, one for
Rachael, the town attorney, and one for the law firm. And I think that we -- they're
distinct enough that we should vote separately on each one of them, even though
they're one agenda item. So I'd like to make a motion that we do that if a motion is
necessary.
KALIVIANAKIS: Yeah, I would -- second that. I think a vote on each individual item
would be preferable to an all or nothing. Oh, thank you. I just want to second the
motion.
MAYOR FRIEDEL: So we have a motion and a second. Can we get a roll call vote on that
to separate these items?
UNIDENTIFIED SPEAKER: It would be -- well, technically it would be four separate
motions to then I guess the motion is -- I think the motion is out of order. I mean, it's
not -- it needs to be rephrased, so the motion would be to approve each individually,
but not necessarily break them apart.
MCMAHON: Why is it out of order?
UNIDENTIFIED SPEAKER: I'm sorry, it's not properly worded. I mean, you can't break
apart an agenda item in the way that you've asked for it to be broken up, but you can --
MCMAHON: Tell me how to do it, please.
UNIDENTIFIED SPEAKER: Yeah. So you can make a motion to approve one agenda item,
but we still haven't gone to discussion yet or comment cards. But you can make that
motion, and you can then make another motion to approve a different part of the --
different contract. So you make them as four separate motions on each one.
MCMAHON: So when is that happening? When can I do that?
UNIDENTIFIED SPEAKER: You can make that motion now, but we would still need
discussion before you would vote on it.
MCMAHON: Well, then I make the motion four different times. I make the motion to
look at the --
UNIDENTIFIED SPEAKER: One motion at a time.
MCMAHON: I make a motion to look at each contract individually. The prosecutor's
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individually, the judge's individually, the town manager's individually, and the town
attorney's individually.
UNIDENTIFIED SPEAKER: That's the -- the motion's still -- I said four separate motions to
prove each contract individually. Like say so a motion to approve the town
prosecutor's --
MCMAHON: So moved. Yeah (indiscernible). Do you want me to wait to do it? I will.
UNIDENTIFIED SPEAKER: Yeah.
MCMAHON: Thank you.
MAYOR FRIEDEL: Do we have any comment cards?
BENDER: Yes, Mayor. We do. We have seven that will be speaking. We did receive six
cards online. Five wanted to let you know that there will not be speaking, five wanted
to let you know they were for it, and one wanted to let you know they were against.
First speaker will be Liz Gildersleeve (ph.), followed by Linda Somo (ph.), Shelby Blecher
(ph.), and Susan DeGennaro.
GILDERSLEEVE: Good evening. Liz Gildersleeve, Fountain Hills resident. I am in favor of
approving the contractual amendment for the town attorney for a number of reasons.
First, since I've lived in Fountain Hills, Jen Wright is the first town attorney who's
actually been committed to protecting the town. That's been refreshing. For example,
she provided the sound legal advice and protections to strengthen the ordinance for
group homes, also known as sober homes. The added protections of insurance
requirements and inspections was something residents demanded four years ago.
Instead, four years ago, we got a watered-down version and weak legal advice from our
last town attorney. But Ms. Wright, to her credit, figured out a legal way to strengthen
the ordinance, which consequently provided neighborhoods and homeowners with
better protection and more recourse. So thank you.
Second, Ms. Wright has had to manage the daily barrage of petty lawsuits and
orchestrated complaints from some of our most litigious residents. Their clear goal has
been to weaken her resolve and cause continued chaos in our town, while at the same
time preaching civility and collaboration. Finally, and most recently, Ms. Wright has had
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to protect the town's logo from misuse and copyright infringement. It required the
town to hire outside council who, by the way, agreed with Ms. Wright's legal opinion
and use of a cease and desist letter that was sent to all political candidates, advising
them that the use of the town logo would be inappropriate on political materials.
Seems self-explanatory to most. Everyone complied except one mayoral candidate.
Unfortunately, now Fountain Hills taxpayers are on the hook. Excuse me, are on the
hook to pay the unnecessary $18,000 legal bill of that outside attorney.
So bottom line, I would prefer that you approve the amendment for the town attorney
for another year. Reevaluate next year, as you should, for all employment contracts and
move on. Thank you.
MAYOR FRIEDEL: Next speaker.
SOMO: Thank you, Mr. Mayor, Town council. My name is Linda Somo and I am a
Fountain Hills resident. I'm not against the item itself, but I would support you
separating out the various offices because I am against giving an exorbitant increase to
one member, and that is the town attorney. I have seen nothing that she has done that
would warrant an 11 percent increase on her current salary. Which is seven and a half
or 7.6% over and above the 3.3% that has been recommended for other town
employees. I don't know what she has done that would warrant that type of increase.
Plus, when she came to this position, she lacked experience in town law and I don't
know that she's gained any since then, at least I haven't seen it evident in your town
meetings.
And the previous speaker mentioned that she, you know, has had to deal with lawsuits.
Well, part of that is because she advised the town council to do away with the ability for
town members to file an ethics violation. If they had not done away with that, many of
the lawsuits that have been filed would not have been necessary. And plus, she works
for a firm that actually sued the town twice and lost both times. So I don't see -- you
know, she has -- at least the firm she works for has caused taxpayers money in the past.
So I would ask you to separate that out from the others and to reconsider an 11 percent
increase for the town attorney. Thank you.
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BELCHER: Good evening, Mr. Mayor, Council. Shelby Blecher, Fountain Hills town
resident. With a tight job market, as we've seen when another state hires away town
staff, retaining quality staff is a real challenge. The town manager position is one of
those highly competitive jobs that require a skill set that can fill a warehouse. We have
that person here in Fountain Hills, and I, for one, think she's worth her weight in gold.
Please keep Rachael Goodwin's pay competitive with other Maricopa County cities our
size and approve her raise.
As for the town attorney, Jen Wright, and her firm's contract, I feel equally the same
regarding her value to the town. What are troubling to me are comments online and
Facebook trying to devalue her worth. And by who? It's the same people who are
trying to bury her in law fair paperwork, ridiculous notice of claims, and more. The
misinformation fed to the public is maddening. Case in point, there's two Facebook
accounts chatting. The question, "Didn't they fire our previous attorney, who had
served us for many years for supposedly overcharging?" That was a quote. But isn't it
general knowledge that Arnson, the former town attorney, quit?
So there's the question. But in reality, a question is a misleading statement when it's
framed as an inquiry but actually contains an unproven assumption designed to
manipulate the listener or force a specific narrative. Known as a loaded question, this
tactic nudges the respondent into an answer that inadvertently confirms something
false or negative. It certainly prevents the poster from being charged with defamation,
but the damage is done. Mission accomplished. When the very next day, a different
account on Facebook speaks to a friend saying this could all have been avoided if we
had retained our previous town attorney. The poster is referring to Arnson again, the
guy who quit. This is the type of nonsense our town attorney has to deal with and
spend some of her time on.
How many extra hours does she take? I don't know, but what I do know is that it's
shameful to see how many people putting up signs asking to bring back civility do
exactly the opposite every chance they get, while also encouraging one another to bury
the town in FOIAs and legal maneuvering while claiming First Amendment rights. I feel
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if they cared about the town so much, they would actually act civil and stop the wasted
time and lawfare. Please approve the raise for our town council's employment contract.
She deserves every penny. Thank you.
DEGENNARO: Good evening. You can hear me okay? Sorry, I have to move this
because I'm short. Mayor, council members. I'm Susan DeGennaro, candidate for town
council and seven-year resident. I regularly come to council meetings, and part of that
is prepping by reading the agenda, reading the staff reports and, goodness, some of
them are long but well worth it. This one is just missing a little something I wanted to
address. Each of the salary increases has a text that says why and what the raise is that
is before the council.
There is text about the town prosecutor and the presiding judge that they are under
contracts and are contractually due the same 3.8 increase given to the staff. There is
information about trying to standardize the town manager's salary, and I suspect, as
Shelby pointed out, it's to try to stop her from shopping elsewhere. I applaud this.
There is even information about the goal of standardizing the timing of these contracts,
to standardize the review process, and increase the efficiency for the council, which
again, I applaud. But there's no information in the actual staff report about the town
attorney increase over the 3.3 CPI. I am not suggesting that the town attorney doesn't
deserve a raise. I don't know; there was no information in there.
The difference that we are talking about is a $7,000 a year raise versus a $24,000 a year
raise, an additional $16,000 a year's increase. So of course, I went looking for support
for this because I wanted to find it and I couldn't. So correct me if I'm wrong, but the
council is on record as saying that they want to save money. They want to pinch
pennies. The last attorney left being paid 234,000, and now you're looking at an
increase of additional 6,000 on top of that. And to quote a Republican Senator Dirksen
of Illinois, "a billion here, a billion there, pretty soon you're talking about real money."
Well, we don't have $1 billion and we need to watch every dollar. So all I'm asking is
some justification as to why it's above the 3.3%, or just stick with the 3.3%.
Lastly, the only thing I don't know if you're all aware of this, but we ran out of comment
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cards before the meeting started and the meeting started early, so I'm not sure you got
comments from everybody. And I know that you all want to hear from the town, so
thank you.
BENDER: Larry Myers (ph.), Beth Culp (ph.), and Dave Long (ph.).
MYERS: Mayor, Council. Larry Myers. And the next time you meet, it will be 45 years.
So I'd like to see these all separated out as well, one -- one by one. I couldn't even speak
to the judge and the prosecutor. I don't -- I don't know how many people they judge
and how many people they prosecute. So that's your business. What I will speak to is
the town manager, who's done a fine job stepping in from somebody who was not doing
such a fine job, who resigned, thank goodness. And the town attorney who resigned,
wasn't fired. So the other residents stated all of the misgivings of Mr. Arnson on his way
to the exit door. It wasn't mentioned the 5G, which he told us we'd be sued on that,
that we're working on now. And then he hid the third-party attorney's work from not
only the residents, but his own planning and zoning commission. So where -- do you go
from the bottom? Well, you only go up.
So let's review the numbers so we're not blurting out falsehoods. Mr. Arnson left at
234K a year. He was due a raise, had he been here, to 240 by his contract. The current
town attorney came in at $218,000 a year, saving the town 7.16%, 16K for the first year.
So by raising her to where Mr. Arnson would be demanding to be via his contract at 240,
she's actually getting a ten percent raise. That's what she's getting, ten percent. And
she saved us 7.16% in the first year of her tenure. So along with that, it appears with all
the normal work that she does, she may be overworked and underpaid. I don't know
how many hours she puts in, but I do know there's an inordinate amount of FOIAs now
with the left lawfare, the lawsuits, the notice of claims, the AG complaint filings, and so
all of that stuff which never existed for Mr. Arnson because there was a different
administration sitting on the dais back then. And we don't do that stuff except when it's
absolutely representing the people, all of the people.
So I would say separating them all out, it's your business. The town manager seems to
be deserving of a raise; it's in her contract. Judge and prosecutor, couldn't speak to
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them. Town attorney, I think, has done a fine job handling all of this. And for the
amount of the raise doesn't seem even abnormal to me since she came in and saved the
town money in the first year of her tenure. And that's all I have to say. Thank you very
much. Approve at will.
BENDER: Beth Culp and then Dave Long.
CULP: This discussion has been very illuminating because I think it really puts us where
we are right now, where we are so polarized, and it's the leftists and it's lawfare there
this and it's reinventing history about I can't -- there were so many ethics complaints
filed against Brenda and Ginny and Peggy that it was incredible. I want to talk just real
frankly about this whole issue with our town attorney.
First of all, she came in inexperienced. She did not -- Aaron Arnson had at least a
decade's worth of experience in municipal law; she had zero. She had zero. In the time
that she has been here, I feel like you're blaming the victim when we file lawsuits and
open meeting complaints because open meeting laws have been violated. Clearly, they
have been violated. Now, are they very slow in getting the resolutions to us? Yes. Does
it take a long time for notices of claim to turn into lawsuits? Yes. But the fact is that
there is no question that ultimately it will be determined that there had been open
meeting law violations time after time. Civil rights were violated when we were -- the
whole group was evicted from the town hall. The new rules of procedure are rife with
unconstitutional provisions.
And most recently, Jennifer Wright did, I think, the most egregious thing that I have ever
seen a town attorney do. She sent a private citizen a cease and desist letter for having
on her Facebook page maybe a tenth of an inch, a quarter of an inch. If you look closely,
you might see Brenda's supposedly infringing logo that is protected political speech.
Not only was it not a violation of the Lanham Act, it was -- she's not a competitor. She
wasn't a candidate. She wasn't offering anything for sale. And she was sent a cease and
desist letter. She has an absolute constitutional right to put candidate signs up and that
is not an infringement.
So increase in open meeting law complaints, increase in lawsuits. She was right in the
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middle, right in the middle of the $9.25 million notice of claim that the developer had.
She was accused of getting involved in secret meetings. And I have to look as a lawyer.
I looked at that and I thought, what was she thinking? She is inexperienced. She is very,
very politically aligned with the majority on this council and the majority who are
speaking in favor. All you have to do is go look at her X page and more importantly,
recently, and I think this is an abomination. She ghost-wrote a letter for our mayor that
was sent to the Maricopa County Board of Supervisors that supported Justin Heap's
battle against the Maricopa County Board of Supervisors. And it's full of
misinformation, and I don't think anybody on this council even knew that Mayor Friedel
wrote that letter. Anybody know? This is another open meeting law violation, and it's
going to show up. And if you want to call that lawfare, I call it trying to enforce our
rights and our laws. Thank you.
MAYOR FRIEDEL: Next speaker?
Motion to approve is drafted.
EARLE: Second.
MCMAHON: What's the motion, please?
UNIDENTIFIED SPEAKER: A motion to approve is drafted.
MCMAHON: We talked before that I was going to make motions, and I would like the
opportunity to make those motions.
UNIDENTIFIED SPEAKER: You can ask him to amend the motion or you can ask him to
remove the motion.
MCMAHON: I think he's doing it on purpose, which is a misuse.
UNIDENTIFIED SPEAKER: These are the Robert's Rules of Order, ma'am.
MCMAHON: We don't follow Robert's Rules of Order. We follow our own rules of
order, the State and the State legislatures, and Robert's Rules comes like fourth or
something.
UNIDENTIFIED SPEAKER: It's in the parliamentary procedure.
MCMAHON: It's even in your writing.
UNIDENTIFIED SPEAKER: It's also in the parliamentary --
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MCMAHON: It's even the documents that you sent to us.
UNIDENTIFIED SPEAKER: We have to deal with the motion that's on the table, but I
think there's allowed for discussion.
MCMAHON: Well, then, is it time for discussion, Mayor? Thank you. I would like the
opportunity to speak, please. Thank you very much. I would like these items separated,
but I sincerely doubt that Council Member Skillicorn will be gracious enough to do that,
even though he talked some about the prosecutor and the judge. Because if they're
together, then we're forced to vote one way or another. So I can vote no for everybody
if I disagree with one person getting a raise, or we can separate them. So are you willing
to amend your no question stance?
(indiscernible)
MCMAHON: See, I knew you would do that because it's typical. I support the raises for
the people that have earned them. I don't believe that the law firm, based on my
experience and my interactions and the -- work product and what I've seen, I don't
believe that the La Sota law firm deserves an 11.6% raise or a raise period. I haven't
seen the evidence. After more than a year of service, I haven't seen sufficient progress
in knowledge of municipal law. She put on the agenda to take away your right to talk to
the public, change the ethics rules. So now, instead of filing ethics complaints against us
and holding us accountable, we're now seeing a plethora of lawsuits. That's the only
way you can hold us accountable and that's costing the town literally thousands of
dollars.
I just cannot support without going into more detail, in addition to what Beth and Linda
and a couple other people have said. I don't support a raise, and I don't think it's
deserved. Aaron Arnson never asked for a raise and he wasn't going to ask for a raise.
So accordingly, my vote, I want it to reflect that I don't support her raise.
MAYOR FRIEDEL: Time.
SKILLICORN: Thank you, Mr. Mayor. I do want to thank the Vice Mayor for putting
together the reviews. It is a step that, unfortunately, you know, the, you know, previous
councils didn't do. So really that initiative is really appreciated and is important. And
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it's really good feedback for everyone involved to -- you know, actually have something
to go to.
Now specifically I'm going to talk about the prosecutor and the judge. And you know,
sadly, I get a lot of messages from my constituents. And it really sounds like Fountain
Hills is developing this reputation of being really soft on crime. And really and what it
really specifically comes to is I get numerous, numerous complaints about vagrancy and
violations of our urban camping ordinance. And you know, we revamped our urban
camping ordinance a few years ago. And you know, I want to say that it -- I don't
remember if it passed unanimously, but there was a second one that did not pass. It
failed three, four and some of the people on this dais voted for it and some on the dais
voted against it. But the sad thing is, is that even the one that's on the books is not
being enforced.
You know, when I look into the records of proceedings, I'm seeing that we have
individuals with dozens and dozens of complaints and serious complaints, including
assaulting a sheriff's deputies, and they are not being enforced. And this is a serious
concern. I mean, I've got residents that complain about this, and residents send me
messages about homeless people yelling and berating them. Well, if I was the attorney
or the prosecutor and the judge, that is not a work product that I would be proud of. I
get messages from my constituents of homeless people running around naked on public
property. If I was the prosecutor or judge, that would not be a work product that I
would be -- I would be proud of. I get messages from constituents with human feces on
the street from homeless people. If I was the prosecutor and judge, that is not a work
product that I would be proud of. And if I could vote to leave those, get rid of those
people, I would, but this is all tied together.
UNIDENTIFIED SPEAKER: Time.
SKILLICORN: I'm sorry. So tell me I was over time.
MAYOR FRIEDEL: Vice Mayor.
EARLE: Thank you, Mayor. I just wanted to set the record straight that when Aaron
started with our town, it was 180,000 for that first year, not 234. So after 11 months of
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being with us, the council voted to increase his monthly pay $4,500. That's more than
double what we're asking for here.
Also, I would like to ask our town attorney about your municipal experience. Chair, may
I ask her that?
MAYOR FRIEDEL: You may.
WRIGHT: Yes. So I have previously worked for the Rose Law Group. I've worked for the
Institute for justice, I've worked for the Goldwater Institute, all of which specialize in
municipal law and also in my elections law experience is municipally -- includes
municipal law.
MAYOR FRIEDEL: Thank you for that. Correction. That was a mistake before. And then
also, maybe I'm not remembering this correctly, but I believe we dealt with the ethics
complaint when Aaron was here because there was a complaint against Peggy and
Brenda, and we undid some others and didn't away with the ethics complaints under
Aaron? Thank you.
WATTS: Thank you, Mr. Mayor. I'll try to keep it under two minutes. Yeah, I just think
once again, what we're all seeing here tonight is bad government and bad public policy
being set. We have a number of employees that we would give raises to. In this case,
it's one size fits all. There's four people. That's not just cost of living raises. If they
were, that would be a pretty easy decision. I'd say sure, give them all cost of living
raises. That would be no problem to me. But I want to give Rachael her raise, I don't
want to give Jen her raise, and it's for a very simple reason.
My concern is that the proposal to raise the town attorney's compensation is just too
soon. She hasn't even been with us for a year. Unlike the previous firm, that we had a
consistent six-year term and we had no raises. It was a six-year term, flat-fee contract,
and this served us very well. This firm has been, like I said, with under us for a year.
This council should be prudent and maintain the original terms. They filled out the RFP.
They looked at the workload. They knew what they were getting into. And within a
year, now they're all of a sudden saying that we're not getting paid enough money and
they're going to get more than had we kept the original attorney. This part of this was
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sold as cost savings, like Larry Meyer said. Well, within less than a year, there's no cost
savings. It's going to be more expensive. This council should aim for long-term stability
and fair treatment, but this is too soon.
And lastly, in my 30 seconds, I'd like to give is I've received a number of cards,
comments, emails and they say the same thing that Ms. DeGennaro said. You know,
everything else in the contract package, there were reasons and justifications for why
we're doing what we're doing with the town attorney. It was just, let's just give her
more money. Let's give the La Sota law firm more money. There was no justification.
Let's just give them more money. I don't know why we have to give them more money.
They applied for the job, they have the job, they're doing the job. I think it's too early
for a raise. You know, we're talking about roads first and fixing the roads. Why don't
we pinch pennies here and just say, you know, stick to your original contract terms. If
it's unsatisfactory, then -- you know, you can go elsewhere and we'll put another RFP
out.
MAYOR FRIEDEL: Time, thank you.
WATTS: Thank you, Mayor. Maybe I imagined it, but we went through extensive
review, number of hours analyzing the data that was relevant to the town. Town
attorney, the town prosecutor, the town manager, and the town attorney. So I don't --
maybe -- it wasn't in the same meeting. But the validation we looked at, we went
through it and clearly we didn't share enough of it with you, but that doesn't mean it
isn't justified. And how we can approve one significant raise for the town manager that
exceeds the 3.3% CPI and complain about a different rate for the town -- the town
attorney makes no sense to me. You're talking out of both sides. Makes no sense
whatsoever.
So we go all the way back to the way back when we asked for quotes from a variety of
legal firms. These -- were some of the most cost competitive rates that we started with,
with a basis of the hours that Pierce Coleman provided that turned out to be erroneous.
They weren't -- they were incomplete. They didn't keep good records of what they were
doing. Maybe they should have. So I fully -- initially I was against the raises. I'm now in
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support of the raises, because sometimes you have to make it market justifications,
market adjustments in order to get the quality of work that you want to get done. The
order of magnitude that you want to get the work done. So now I'm for it. And that's
what my vote is going to be.
SKILLICORN: Thank you, Mr. Mayor. And Councilman Watts made a good point about,
you know, maybe we didn't communicate with the public. But I do point out, because
of Arizona law, we -- you know, we're not allowed to have discussions about
employment matters in an open meeting. They have to be in executive session. And
this was discussed and these were debated. And this -- you know, spending more
money, I mean, what we're, you know, pressing nickels together and trying to save
everything we can, that's something that we discussed. And unfortunately, the public is
not privy to that information, but that is not the fault of anyone at the dais. That's, you
know, it's typically employment -- matters are private thing until we have to vote on
them. And that's just why -- just the fact that it is, I don't think that there is anything to
raise salaries or anything like that. It was just something had to be discussed in
executive session because of law.
And I just want to point that out, and I think that our employees and the people working
for us present a value. And you know, frankly, I -- not only should this be a great place
to work, but the people should be fairly compensated.
KALIVIANAKIS: Thank you, Mr. Mayor. Yeah. It's funny that we all of a sudden we
found consensus tonight, and I'm just thrilled about that. And it seems like everybody
up here seems at least a couple of the players have said that we didn't do a good job,
and we weren't transparent. And we would have done better to communicate with the
people in this town, the people that are paying the salaries, why this was warranted.
And so there's a really simple, easy fix to this. Let's vote on three. Let's vote on the
judge, the prosecutor, and the town manager, and let's bump the vote for the town
attorney off to the first session in the fall. I mean, there's no harm done. We can put a
new package together and we can tell you, the people, why? Why this is warranted and
then you can decide. And then we can have another council, we can have another
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session, we can have another call to the public. And we can determine was the salary
for the town attorney warranted or not?
And so it seems to me that since many of the players here said that this was not done in
transparency, you know, let's just fix it tonight and let's vote on three. And then let's
put the other one off and let's get -- let's dig into it and get more information as to why
this is justified.
MCMAHON: Sorry to have to repeat myself, but some people apparently don't hear
what I said earlier. The first attorney, Aaron Arnson, was here for 11 months when we
raised him $4,500 a month from 180,000 to 234,000. So yes, there was a raise. And if
any of you didn't hear that or want to know the facts on that, our CFO verified that for
me or you can FOIA that to know that is the truth. He did get a raise and it was quite a
significant raise. And our attorney will -- this attorney now will be here for a year in 15
days. So saying she hasn't been here a year, that's kind of baloney. And the raise will
happen when she's here a year.
MAYOR FRIEDEL: I think everybody's had a chance to weigh in, so I'm going to weigh in
now, too. I don't think it's bad public policy or bad procedure. I think we're sitting here
today because of what happened with the former attorney, and there's a couple of
council members on this dais right now that drove him literally out of this town. He
resigned. He wasn't fired, and that's the result. We're dealing with that right now. And
when the RFP was done for a new attorney, I don't think that it was included in that job
description was 125 FOIA requests and dozens of lawsuits and notice of claim. That
takes a lot of extra work, a lot of extra time, a lot of extra preparation.
I'm also going to repeat something that I said at the Mayor's Forum. This town is one of
the most efficient towns in the East Valley. And you want to know why? It's because
we -- it's because of the joint work between our finance team, our town manager, and
our town attorney. Our town attorney now has uncovered stuff on certain projects in
this town and everybody sitting up here on this dais knows what I'm talking about. So to
say she's not qualified and she hasn't done her job is a big, big misnomer. And you can
shake your head all you want; it's the truth. So I'm in favor of this.
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There's a motion and a second on the table right now. Can I get a roll call vote, please?
BENDER: Mayor, can you confirm for me who was the second?
MAYOR FRIEDEL: Vice Mayor.
BENDER: Vice Mayor. Thank you.
Council Member McMahon.
MCMAHON: I vote for Rachael's. I vote for the prosecutor's and the judge's and I don't
vote for the town attorney's; since they're bunched together, I have to say yes.
BENDER: Council Member Watts.
WATTS: Aye.
BENDER: Council Member Skillicorn.
SKILLICORN: Yes.
BENDER: Council Member Kalivianakis.
KALIVIANAKIS: Nay.
BENDER: Council Member Larrabee.
LARRABEE: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: And Mayor Friedel.
MAYOR FRIEDEL: Aye.
MCMAHON: I'm going to change my vote to nay. Thank you.
BENDER: Mayor, five two.
MAYOR FRIEDEL: Thank you. Vice Mayor, will you turn your mic off? Thank you.
Peggy, will you turn your mic off? Peggy, turn your mic off.
MCMAHON: Thank you.
MAYOR FRIEDEL: Thank you. Okay. We'll move on to item number B, consideration
and possible action regarding the proposed energy savings capital project for parking
shade structure and solar panels for Town Hall campus.
Rachael?
GOODWIN: Mayor, thank you. This is a -- this is an unusual item tonight, but this item is
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brought because staff have been evaluating options to reduce long-term utility costs for
town facilities and to provide greater predictability as energy costs continue to increase.
The proposed project would install solar covered parking structures on the civic campus,
and is structured through a guaranteed energy savings agreement. Tonight's
presentation will focus on the project scope, the financial structure, the guaranteed
savings component, and the available federal rebate opportunity. Because the rebate
opportunity is time sensitive, staff is bringing this item forward now so that council can
determine whether if it wishes to authorize the project and preserve the town's
eligibility for that savings. I sent out sort of a preview of that late last week.
Representatives from Veregy, including Alyce Neal and Dee Smith, are here this evening
to present the proposal, answer council questions, and we also have staff available to
provide additional information as needed. With that, I'm going to ask Alyce to take it
away.
NEAL: Thank you, Manager Goodwin. And good evening, Mr. Mayor and council
members. I'm Alyce Neal, and on behalf of Veregy, we're very happy to be here tonight
to present this project to you.
SMITH: Yes, Mr. Mayor, council members, my name is Dee Smith. We're also joined
with our developer, Rob Coy, for tonight. And yeah, we just thank you very much for
being here. We also just wanted to say how much of a pleasure it was to work with
Town Manager Goodwin, your CFO. We work with facilities, parks, and your
maintenance team, and we just really appreciate the opportunity to get us here this
evening to present this.
So with that, this evening, we are coming to you as current partners to the town of
Fountain Hills seeking approval for the town's dual purpose solar carport project located
here at Town Hill and the community center. This project would save the town $5.2
million over the next 35 years. It provides 128 covered parking spots in the parking lot,
and it also offsets 64 percent of the town utilities. So I know we've also had some
council members bring up they're looking for long-term budget stabilization and this
project here offers the ability to do just that.
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KALIVIANAKIS: Can you repeat that figure? I'm sorry, I didn't hear the last one you said.
SMITH: 5.2 million, 128 parking spots, 64 percent utility offset.
KALIVIANAKIS: Thank you.
SMITH: And yes, as Manager Goodwin said here tonight, your approval is necessary to
meet critical timelines for the town to receive a 40 percent direct pay rebate, which
would equal just over $956,000 to the project. So we'll talk a little bit about the
problem, why this project works for you folks, why Veregy, and then why now? As we
all are aware, rising utility costs are a problem around the state, around the nation. The
town of Fountain Hills currently spends about $193,000 annually on your utility spends,
and the chart that you're seeing here is just a conservative 4.5% escalation rate. So by
the year 2040, high possibility you guys can pay over $370,000 in utilities.
NEAL: Thank you. And thanks for that. Additionally, this project is fundamentally a
budget and infrastructure item, not just solar. I just want to make that very clear. It
also reduces and stabilizes your cost, improves your budget predictability, and it also
leverages the federal tax investment incentives that are currently available to you. As
Dee mentioned, it does provide covered parking for Fountain Hills residents, your
visitors at the town hall, also at the community center, and at the public library. And so
your action here tonight is really about advancing a project that lowers operating costs
while current -- while maximizing the current available federal incentives.
So the path to savings and where we've been. So as Dee mentioned, we did meet with
Manager Goodwin and your CFO and other individuals. We started a preliminary energy
audit back in February. From there, we moved into an investment grade audit. And
here we're now asking for your approval for the contract to move forward into the
design. If we do get approval tonight, the project moves into design immediately and
we continue that through April of 2027. We will start construction in April of 2027, and
then we should be complete by August of 2027. The project will continue to bring
savings to the town over the course of 35 years, and that will be guaranteed savings to
the town.
A little bit about the project. Dee mentioned a couple of highlight -- highlighted points.
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Just want to also make sure that you all understand that we have designed this project.
We have not overdesigned or under-designed based on the town's data that we
received from your utility. We're also taking into consideration two interconnection
points. We've also taken into consideration ADA requirements. Overall, it's a 597
kilowatt project. Again, tying into the town hall and into the community center, we
have 128 covered parking spaces, 64 percent energy offset, and you're going to receive
$956,000. That is from the direct incentive from the IRA. And that is tax law and so it's
currently in effect right now, but it is going to expire. And we'll talk a little bit more
about that in just a few minutes.
We also mentioned that this is a lifetime savings of $5,263,296. And this is just a larger
overview of the -- and as you can see, it's a tremendous amount of covered parking. It is
on a 10 degree tilt, so it should avoid any glare should that be a problem.
Yes. Yes, Councilmember?
MCMAHON: I just have a question since the slide is up and it shows the parking
structure, but there's a portion in the bottom right hand corner that isn't going to be
covered. Is there a reason for that, please?
NEAL: Yes. Councilmember McMahon, is that you're talking about over to the right
where the library -- oh, the ADA. Yes, yes. So the reason that we are avoiding that area
it's just -- it's very -- not very cost effective to design. You'd have to really wrap the
steel. Also, the two points of interconnection are at different sides, but we have taken
into account for the ADA parking that is required. So you will be -- that will be
compliant.
MCMAHON: Thank you.
NEAL: You're welcome.
EARLE: Can I ask something because we're looking at those right now like she did? The
first time I saw this photo I didn't see that many parking spaces, but I was told unless I
need to be corrected here in the campus parking is 349 spaces, but you're talking about
128. So what am I missing here? So that would have been 221 that are not -- that are
uncovered, but what are we not covering?
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SMITH: You have your -- yeah. Your other side that goes down towards the library and
Dark Skies building. And then also to the north there, where the police vehicles park.
There's no covered parking.
EARLE: So that's part of what the campus was before. Okay. Is there any plan to
eventually cover everywhere? If that's not a question to you?
NEAL: No. Thank you, Councilmember. Right now, the answer is no. Part of the reason
is because we are sizing this to your energy capacity. So we want to make sure that it's
not oversize or undersized. So right now, your current energy capacity is warranting this
design.
MAYOR FRIEDEL: Keep going.
SMITH: So if you guys do nothing, don't pass this, your utility expenditure will stay the
same. Your money is going to go to the utility company. Partnering with Veregy and
this partnership here, you guys will see the utility usage drop and again the 65 percent
energy offset by installing the solar. The total project cost for this project is $2,390,900,
with a rebate of $956,384. Starting in year one, Veregy is guaranteeing a minimum
savings of $81,989. That will grow as utilities continue to grow. But that's our first
guaranteed year, about 82,000, as Alyce said, over the 35 year lifetime expectancy of
this solution, you guys should see $5,263,296 saved with an ROI of 15 years on the
capital investment there.
NEAL: So again, also, we just want to be transparent about the ROI. This is the capital
investment for this. We understand that there are additional life-term costs associated.
That would be some of the maintenance and also -- yeah, additional cost. So that could
bring the ROI to about 17 years, but the capital investment, what we're bringing tonight,
is 15 years.
SMITH: Okay. So why partner with Veregy? Like I said, we are a local to Arizona here.
We were founded in Arizona. We are the largest energy services company in Arizona,
and we do 90 percent of our work in-house, that's what makes us different than our
competitors in this world, is we are one point of contact to you and all the praise, if
there's anything negative, there's one point of contact to the town.
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We are current -- like I said, current partners with the town of Fountain Hills. You guys
have beautiful gold medal winning parks. We have been able to partner on the relights
for those installing the MUSCO at your Golden Eagle Park, at the Desert Vista skate park
and Mini-Pitch. We also currently hold a service agreement through our workmanship.
Your facilities team thought we did a good enough job that we signed a service
agreement as current partners, and we're also great community partners as well. In
2022, we co-sponsored the Parks and Rec trade show social event at your Desert Vista
Park with Musco.
NEAL: Thank you. We're also working for other municipalities across the state and
actually across the country. We really like bringing this type of project, this cost savings,
to help you become stewards of your taxpayers' dollars. We've worked with the smaller
municipalities since the beginning of our company 35 years ago. We also have some of
the bigger ones. We're working with City of Phoenix, Pima County. But as you can see,
we are working with City of Coolidge, City of Eloy. And we're also working with the
Arizona Department of Emergency Affairs across all of their projects across the state.
Okay. So there was a question about what is performance-based contracting. And I
know most of you probably have heard the term design build, design, bid, build. This is
design build. The difference is there are no change orders and there will be no
engineer. There's all the engineering is up front. Yes, there's no value engineering in
this project. It is backed by Arizona Revised Statutes, Title 34, 34-455. And again, it's
design build.
The great thing about it is that there is a savings component and that savings is
guaranteed by Veregy. Should we not produce the energy that we say in the contract,
then we actually have to write you a check for whatever that difference is.
And so why now? And so as you all know, there is an investment tax credit that's going
to expire on July 4th, 2026. And so time is of the essence to get the contract signed.
And this is tax law. It's federal law. If we do nothing, you're still paying the money back
to your utility. If you take advantage of this project and you take advantage of the tax
credit, you get almost $1 million back to help fund the project.
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There are a couple of things that really make this tax investment, I think, good for the
country. Some of that is the fiat compliancy and the domestic content. So we will be
required to make sure that all of the materials and that it's manufactured in the United
States for this project.
MAYOR FRIEDEL: We have some questions now, so we'll cue it up.
SKILLICORN: Thank you, Mr. Mayor. I hear that the lifetime is supposed to be 35 years.
What's the warranty?
SMITH: 30 years. Mr. Mayor, Councilmember Skillicorn, we had a 30-year warranty on
the -- solar panels, the production for the solar panels.
SKILLICORN: And Mr. Mayor, what about the electronics? Like if there's a lightning
strike and one of the VFDs pops? What's the warranty for what's inside the electrical
panel?
SMITH: We do a two-year workmanship warranty that would cover. As far as the
anything else coverage, Rob, inverters -- council members, we're going to bring up our
developer, Rob Coy, for this here.
COY: Thank you, Mr. Mayor, Mr. Councilman. Yeah, something like a lightning strike
would be an act of god. No warranty would cover that just to be quite frank.
SKILLICORN: And Mr. Mayor, what is our current cost per kilowatt for electricity?
COY: $4 per -- well, $4 per watt is what the cost of the solar is. Your current cost per
kilowatt is around $0.11.
SKILLICORN: Yeah, that's -- a pretty big difference there. So Mr. Mayor, just doing a
little bit of math here. I don't know if the CFO still -- here's CFO. If you wouldn't mind
shout what he gets a return on investment for funds?
SOLDINGER: Mayor, Councilmember, what was the question?
SKILLICORN: For funds that you're not using, what kind of return on investment do you
get on an annual basis?
SOLDINGER: Yes. Mayor, Councilmember Skillicorn, right now we're blended about 3.8
to 4 percent if you were using that as a discount rate.
SKILLICORN: If you don't mind, I'll use four.
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SOLDINGER: And while I'm up here, Kevin says I love the mic. I do want to clarify one
thing. The -- number that they presented in the beginning, the 193,000, that's just for
the town hall campus, the community center, town hall, and the library, around
200,000. That's -- that amount. We actually pay about $480,000 as a town in total for
electricity at this point. So that was just one clarification I wanted to make to make sure
that was clear.
SKILLICORN: Mr. Mayor, what was that? And -- Paul, was it 480,000 a year?
SOLDINGER: Yes. Fiscal year '25 we spent 481,000.
SKILLICORN: Thank you so much, Mr. Mayor. When I see there is one of the projections
of save $81,000 a year for the first year, when I look at this total outlay of 2.3, 90 and --
and $900 you know, almost $2.4 million, just quickly looking at four percent return, 15
years, that's $4.3 million. And you know, that is more than we spend on electricity over
those years, and it's more than the potential savings. If we just invested this money,
we'd be better off. I mean, this is more expensive than the electricity. The electricity is
so inexpensive that this isn't efficient for the town. It doesn't make sense, the math
doesn't add up. And frankly, in 15 years, if we go -- well, 30 years, you know, it's going
to -- this is going to be triple that.
I don't see the value to this. So we're going to spend more money -- now if you want to
spend more money on covered parking that they have that discussion, right? But if
we're going to have -- we're going to have covered parking, why don't we have covered
parking on Avenue of Fountains so that retail shoppers can use it? I just don't see the
math here. I mean, when we -- when you look at what it would cost to do with the
opportunity cost, it's going to cost significantly more than the cost of electricity.
MAYOR FRIEDEL: When I look at this, I see -- this, I see covered parking, almost $1
million rebate. The million dollars to me covers the solar panels, and we still have
covered parking that will last for I don't know, 50 years, 75 years. If you look at APS
right now, they're looking for a 16 percent increase. If you look at Epcor, 17 percent
increase. Their 4.5% that they're building in I think is really low. I don't see these --
these rates staying that low. There's a big -- there's a big vacuum right now sucking up
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energy. You've got data centers working all over. You've got -- we've been talking with
CAP and the water up at Lake Powell. That energy is going to be missing as well because
there's no water to produce it.
So I think these are very conservative estimates. I see this as 2.3, $2.4 million, $1 million
rebate back. Those are the real numbers that I look at. And then we've got covered
parking that people can still use and still go to the art fairs. So that's how I look at it. So
I understand your numbers, but I think if we're being realistic about the numbers, we
have to look at what the percentages really are going to be. And I know that they built
in 4.5%. Is that what your guarantee is based on?
SMITH: Yes, it is.
MAYOR FRIEDEL: Yes.
SMITH: And SRP in the last four years has averaged 5.15% increase if you take just the
last four years alone. Yeah, it's going up.
MAYOR FRIEDEL: Anyway, I'll let somebody else --
MCMAHON: Thank you. Thank you very much for your presentation. I do believe it's
going to save us a lot of money. I think it's necessary, especially given what's coming up
with the increases in costs for energy, et cetera. But I do have a question if you don't
mind. Maybe you can help me understand this better. Under the long-term operational
considerations, it's 4,000 -- about $4,500 a year. So what you guys do is you go in and
check each of the solar -- the solar panels to make sure that they're producing what
you're saying that they're going to produce, the savings, et cetera.
If the maintenance is -- if there's maintenance or anything required on them, do you
perform the maintenance? Does somebody else? I mean, how does that work? Or is
this just a contract to come back in and make sure that they're producing what you
promised they produce?
COY: Okay. I'll take that one. Mr. Mayor, Councilmember. So we do include a two-year
O&M agreement with this. So for the two years after permission to operate, we would
service that annually, do thorough inspections, thorough calculations on it, make sure
everything's still torqued. We also provide NVH measurement and verification
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throughout the term of the contract, which would be 15 years is what we're
guaranteeing the term for. So with that, we put LightLevel on it. It's a real time energy
monitoring software, so it gives alerts if anything were to happen. We monitor that
daily. We have a team that monitors that throughout the United States.
WATTS: (Indiscernible) and I am used to it. My questions are more technical, but I'm
going to start with one. You mentioned IRA. Is it IRS that we're getting the tax refund
from, not IRA?
NEAL: I'm sorry, yes.
WATTS: Okay.
NEAL: My mistake. Yes, Inflation Reduction Act.
WATTS: Right, that's different.
NEAL: Yes. From the IRS, sir.
WATTS: Okay.
NEAL: Yes, Councilmember.
WATTS: And we pay how much in taxes a year, roughly? Where's Paul?
SOLDINGER: So Mayor, Councilmember. This particular rebate from the federal
government, it doesn't require you to pay federal income taxes or anything like that. So
even though the town is --
WATTS: It was a loaded question --
SOLDINGER: Yes, yes.
WATTS: -- because we don't pay taxes, right?
SOLDINGER: That's where I was going.
WATTS: Okay. So I want to make sure the requirement was that we -- it wasn't a
requirement that we had to pay taxes because municipalities don't pay taxes.
SOLDINGER: Exactly.
WATTS: And the IRS is really where we get the money. Is the reason that -- you're free
to go.
SOLDINGER: Okay.
WATTS: Thanks.
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SKILLICORN: Don't go far.
WATTS: Yeah, don't go far. Yeah. Is the reason you picked 64 percent as your design
limits? Because we don't have a program with SRP, much like residential does for a
buyback?
COY: Yes. Yeah. So the buyback with SRP is only 2.7 cents when you sell back to SRP.
So it's peanuts compared to APS where APS we could size it a little bit bigger and you
get a one-for-one credit. We're also sizing it based off the utility usage. We know
there's a LED project coming here that you guys are looking at new air handlers over at
the community center. So we take all that into account because we don't want to just
build the biggest system that supports what it is now, when you go do some more
energy conservation measures, and then it's oversize and then it becomes a diminished
return on investment.
WATTS: But you have the same thing in the panels, the panel you said 15 years on your
guarantee on the panel, but performance for the panel starts falling off year two and
continues to degrade at one, two, or three percent per year until end of life?
COY: 0.55% on these panels.
WATTS: And they have a 25-year life, or they have a 30-year life?
COY: They have a 25-year production warranty on them.
WATTS: That to 80 percent, is that where you're going to get to the -- at 25 years? 80
percent capacity?
COY: Right. Yes, sir.
WATTS: The selection of the angle of the panels that I guess is what you've calculated a
maximize -- I'm not as concerned about reflection as I am about maximizing efficiency of
the panels; is that correct as well?
COY: Yes. Correct.
WATTS: Okay. And is there a reason we're using covered parking instead of a much
cost -- costlier product, putting it on rooftops with flats?
COY: Typically most people are liking the solar panels for the community and everything
else. A lot of times when we're putting on the roof, that could also void roof warranties,
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so --
WATTS: We don't have a problem with that because it leaks like a sieve.
COY: Yeah.
WATTS: Sorry, Kevin.
COY: So that is a reason a lot of commercial and municipalities like to avoid anything on
their rooftops.
WATTS: Okay. Is the system expandable should we want to add more panels at some
time?
COY: Yes, absolutely.
WATTS: Okay. The inverters are the panels, and we can always put more panels up.
But as long as you --
COY: Yeah, more panels, but you'd have to accompany it with another inverter,
depending on the number of panels.
WATTS: Got you. I think that does it for me. Thank you.
COY: Okay.
EARLE: Thank you. Mayor. As Rick's the technical guy, I'm the numbers gal. So I have
some questions which Paul is aware of because I did share these with him beforehand,
so no surprises here. Except you said something before that I didn't have in here. You
said we only spent about $200,000 on electricity for the town hall area, 400 and
something but that's throughout the community. So we're just talking about savings on
the 200,000; is that -- did I not understand that?
COY: (Indiscernible) Yes. So Mayor, Vice Mayor. Yeah, that's the idea, is the --
proposed project considered the town hall campus and the best use and the best
project for the town hall campus. So the savings would be experienced town wide, but
really, it would impact those meters. So I did include a breakdown of expenditures in
your packet. So I haven't really thought through this --
EARLE: Okay.
SOLDINGER: -- kind of on the spot, but that would impact the meters in question, which
would be the town hall, community center meter, and the library museum building you
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would see a reduction. Actually, one good example that I'm somewhat familiar with is
the Golden Eagle Park, and Dee had mentioned that they helped us retrofit new LED
lighting at that park. You kind of -- I mean, when I look at the numbers, I kind of see
that there's a correlation because our expenditures reduced from in fiscal year '23 at
Golden Eagle Park from 30,600 to about 22,500 the next year, even though that year
our overall town electricity went up quite a bit from about 415,000 to 476,000. So there
is some evidence that some of the energy efficiency measures that Veregy has helped us
with have helped the town from a cost perspective.
EARLE: Okay. So following up with what I shared with you earlier, I'd like to go over
those numbers. The project contract is 2,390,900?
SOLDINGER: Yes.
EARLE: The guaranteed electric savings for 15 years, but then I heard today, maybe 17
years was 1,604,173, correct?
SOLDINGER: Yes.
EARLE: So that leaves us at a net cost or energy savings over the 15 years minus the --
never mind, forget that one. The other thing that's not calculated in here is going to be
the insurance, because we're going to be doing an increased insurance. And over the
period of 15 years, that adds $67,500?
SOLDINGER: Yeah, approximately. Yes.
EARLE: Okay. And then the measures and verification is on a sliding scale. It starts out
at 4,000 -- almost 4,500. But by year 15 it's 7,211, correct? So that's a total of 86,490
that we will be paying to Veregy to verify their own guaranteed savings. That seems like
a conflict of interest to me. Then the panel cleaning that's included in the first two
years, but year 3 to 15 when we talked, that's a $14,000-per-year cleaning. That's
182,000 -- $182,000. Then the rebate application. I didn't have that in there before, but
we talked. We're talking about spending $12,000 to get help with that rebate
application. So we add $12,000 to that. So then if we add all that -- that's extra
expenses. So if we do not get the rebate, which is not guaranteed, nobody's telling us
here that's guaranteed. So if we do not get the guaranteed, or we do not get the rebate
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in 15 years, it will cost us 1,134,717, even though we saved on it in electricity. If we do
get the rebate of 956,360, we are out a cost of 178,357. So there's really no savings
over the 15 years.
Maybe it's 17 years. So then that's the -- what do you call it? The rate of return rate
of -- right?
SOLDINGER: ROI, yes.
EARLE: Return of investment.
SOLDINGER: Uh-huh.
EARLE: So we're looking at not saving anything for 15 to 17 years. So then my other
question is going to be we're going to borrow this money, right? Or do we have the
202,000,390? Do we have it? Are we going to borrow it? And then there's going to be
expense on the borrowing it. So this doesn't seem -- numbers wise, doesn't work for
me. Did I say anything wrong there?
SOLDINGER: Mayor, Vice Mayor, you're pretty on point with your numbers. We did
discuss them. I would like to add a couple clarifications. Like, for example, the
measurement verification fee, that is elective. We could choose if we are achieving the
savings every year and they -- they do do that measurement. We want to do that
measurement at least for a few years to make sure we're exceeding what they
projected. That is something we could decide to remove, so that's just a caveat to that.
As far as borrowing money, we have the sufficient funding in our capital. That was one
of the options that was initially discussed as a potential, but that would actually reduce
the rebate ability. Like the rebate would go down if we were to choose that option. So
because we have sufficient funding in the Capital Projects Fund, this proposed project
would use the Capital Projects existing fund balance and budget.
But for the most part, yes. What you state is correct; the numbers we went over, they
are correct. So the whole idea I know from Veregy's perspective is that once that point
hits where we hit that ROI in 15 to 17, maybe it's 18 years. That's when the town will
benefit --
EARLE: But if.
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SOLDINGER: -- financially.
EARLE: If we opt out of the M and V or you know, the verification, then they won't
guarantee us.
SOLDINGER: You're right. Absolutely.
EARLE: So then we wouldn't get the check for if we didn't actually get the savings, but
we still will have expenses, the insurance, the cleaning, whatever. Insurance, cleaning,
other items on that -- on that after the year 15, 16, 17, what we're talking about, it
keeps growing because when I first heard about it, it was an eight year thing. So my --
thoughts are going down on this.
So when we, if we have a warranty on it. So you say it loses efficiency over each year.
So there's a warranty. Is it 100 percent replacement or is there going to be a big
deductible? Is there a warranty on the covered parking as well, the steel covered
parking?
SOLDINGER: On the structure?
EARLE: The structure. Thank you.
SOLDINGER: That would be a two-year warranty for the workmanship warranty.
EARLE: Okay. So we look like we could have expense there. So again, can you tell me if
we have a warranty up to you said 25 years? Someone else said 30 years, but now it's
actually 25 years. So is that a 100 percent or do we have a deductible? Is it prorated?
Is the warranty maybe only 50 percent at 20 years?
SOLDINGER: It's warranty on the production of it -- of the modules.
EARLE: Okay. Explain that to me. So it will cost us money? You produce it, but we
would still, if we had a problem with the panel, it would still -- we would have an outlay
of more money than? It's what -- it's out of my -- what am I understanding?
SOLDINGER: Yes. After the initial warranty period, the panels itself have a 12-year
warranty panel like warranty that covers 100 percent. If something was defective or a
panel failed, they would replace that. We would replace that for the 12 years that that
warranty is in.
EARLE: So we're only at 12 years with the warranty?
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SOLDINGER: Yeah, with the actual product warranty.
EARLE: What's between 12 and 25 years, then? Just the production, but we still pay --
SOLDINGER: Just the production.
EARLE: So what does the panel cost from year 12 to 25?
SOLDINGER: What's that? I'm sorry.
EARLE: What would the panel cost after the 12 years, then? I'm sorry if it's a trick
question, but it's probably not cheap.
SOLDINGER: Yeah, no. I mean, a panel is probably 4 to 500 bucks and that's all it -- so.
EARLE: If they're only -- and you're charging us 2,000,390, if they're only 4 to 500?
SOLDINGER: Y ou have --the --
EARLE: T he numbers. I'm now -- now I'm like spinning here with these numbers.
SOLDINGER: You have the construction, you have the steel, you have all the
underground, the wiring, the electric runs, the meters, the new tie ins to the SESs.
There's a lot more to it than just the panels.
EARLE: Sure. Okay. Okay. But we would pay -- you say production. We'd pay for the
panel. We'd pay for the labor to install one after the 12 years?
SOLDINGER: Correct.
EARLE: So it's not really a warranty coverage for the 25 years, 100 percent? Thank you.
KALIVIANAKIS: Thank you, Mr. Mayor. Yeah. Thank you for your presentation. Very
impressive. I know Veregy works with a lot of larger municipalities, a lot of larger jobs,
and this is a pretty small job for you, but I think it's going to bring a lot of benefit to
Fountain Hills. My question, the first one would be to the town manager, which was on
the like -- since the count -- since the staff is recommending this, did you calculate the
likelihood of getting the rebate and your recommendation for this project? Sure.
GOODWIN: Okay. Thank you for the question. So to be fair, the -- they showed a
timeline of how long we've been working on this, and we have pulled a lot of staff and
resources together to see if this is really the right fit for us. It went through quite a
dogged review multiple times to -- even through legal to make sure that we had a sound
footing to bring this forward tonight if it made sense.
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Part of that was the rebate because of course, you know, that is really the driving piece
of tonight's conversation, is that 40 percent rebate. We knew that there was -- that
there were qualifications. We wanted to ensure that Paul really spearheaded that
research and worked with both Dee and Alyce to get verifications, all of the verifications
we needed through the manufacturers, as well as worked with an outside consultant to
review the language and to ensure that we were reading it, interpreting it, and applying
it correctly. So while there is no guarantee, I want to -- I want to make that very clear.
There is no guarantee that the rebate will apply. We are about as confident as possible
until we actually apply for it because it is federal. It does have -- you know, it does have
some language, but we have done every piece of due diligence that we can short of
actually submitting for it, to confirm that we are eligible for it.
SKILLICORN: Can I ask you a question on that?
GOODWIN: Of course.
SKILLICORN: Excuse me. No rebate, no project, is that -- safe to say?
GOODWIN: I'd say I would think that that's -- really the key factor in this.
MAYOR FRIEDEL: Yeah.
GOODWIN: But I would refer to both Dean Elise and Veregy as to the guidance there.
That --'s really what's the key -- you know, the key supporter for us.
MAYOR FRIEDEL: That's a big driver.
GOODWIN: Uh-huh.
So -- can you answer that?
UNIDENTIFIED SPEAKER: Yes. Thank you, Mr. Mayor and Councilmembers.
Yes. So the investment tax credit that we are going to help you achieve is federal law.
Veregy has been working with multiple municipalities and school districts across the
country, all of whom have been receiving this.
It's just a matter -- it's a tax form. As long as we're compliant and we have everything
that we need, which we've been following the guidance of tax advisors and the
consultants that you all have been talking with, it's just a matter of three pages that you
fill out.
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Like I said, we are seeing our clients. We've got testimonials that they are receiving that
tax credit back. It is federal law right now. But it is going to sunset July 4th, and that's
why we're here tonight.
I also -- yeah, just to remind you that regardless, you're still paying SRP. No matter what
,whether you invest in this project or not, you're still taking that bucket of money to
SRP.
So thank you.
GOODWIN: Mayor, if I can confirm something too. And I want to double check. My
understanding is that we don't become eligible for that rebate until the project is
completed. So to say, you know, no rebate, no -- it's kind of the other way around. We
have to complete the project in order to submit for that rebate.
KALIVIANAKIS: Okay. Thank you, Mr. Mayor. And so to deflect my question that went
to the manager to you, what is your confidence level that we will get this rebate?
UNIDENTIFIED SPEAKER: I'm highly confident Councilmember, that you will receive
the -- rebate. It's tax law.
KALIVIANAKIS: This isn't your first rodeo.
UNIDENTIFIED SPEAKER: No, no it's not. Yeah, we -- our reputation is on the balance --
KALIVIANAKIS: Right?
UNIDENTIFIED SPEAKER: -- for this. And so we would not, in good faith, tell you that
this is something that we feel you would receive if we were not confident that you
would.
KALIVIANAKIS: Thank you very much. And I also again, since you mentioned it, I'll
mention this to you. But in your return on investment in our package, it was stated at
15 years. And I appreciate your saying, well, it might be 17 years because of some of
the incidentals that have been brought up by other Councilmembers.
And so I think you were very candid. That said, there are other incidentals that are tied
to this. But if you take the whole thing, the big picture and the 30,000 foot view, it'll still
be a return on investment in 17 years. And this thing is going to be going hopefully for
35 years. And so once again, that's a lot of long-term savings, even if the return on
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investment is two years longer.
So I just want to point that out. And thank you for pointing that out and just being
candid enough to not go with the 15 year.
The last thing I'd like to talk about, and I think we skipped over it a little bit and but I
think the people in the audience and the people at home, they want to understand this
guaranteed savings by law, and by your company, because I've never done this myself to
my home. But if I'm paying $600 a month for utilities and that company came and said,
I can guarantee you it's going to be $50 a month, and if it's more than that, we'll pay for
it, I think I'd do that.
And I think, isn't that what you're offering us here tonight?
UNIDENTIFIED SPEAKER: It is. Yes. Councilmember, it is exactly what is in the State law
for the type of contracting that we're doing.
UNIDENTIFIED SPEAKER: Yeah.
KALIVIANAKIS: And so we're not taking this on faith. Because this is backed by your
company and state law.
UNIDENTIFIED SPEAKER: Correct.
KALIVIANAKIS: Okay. I like that. Thank you.
UNIDENTIFIED SPEAKER: You're welcome.
UNIDENTIFIED SPEAKER: Yeah. And the light level software that we install on it that
monitors that you will see the real time KW production. So it's not a number we're
giving you. It's -- backed by metered. So we see it. You see it. It's complete
transparency.
KALIVIANAKIS: Yeah. And thank you for that, because once again, we've read the
packet and we did the deep dive. But people at home and the people in the audience,
they might not be aware of that. And so again --, we're not taking anything on faith
here. This is a trust with verify. And you guys are guaranteeing you're going to deliver
what you said you're going to deliver. And that's a very good thing. Thank you.
SKILLICORN: Thank you, Mr. Mayor. Yeah. Just again, punching in numbers, $0.11 a
kilowatt. We're still fronting $2.4 million, even if there is a potential for rebate, which is
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not guaranteed, we have to front that until it's completed. So there's opportunity costs
on that money, and the savings is rather limited. The warranty is not 30 years. It's not
35 years.
You know, sounds like it's -- you know, a number of years on the panel performance, but
then the equipment is only two and one monsoon could knock out the electronics. And
as someone that's spent a lot of time in the inverter and VFD industry, it happens every
day.
So we're on the hook -- we're on the hook. There's a lot of risk to this for very little
savings. And frankly, once you do the math, there isn't any savings. We're going to
spend more money to save $0.11 a kilowatt. I mean -- and if everything goes perfect,
you know, we're looking at that 17 to 20 years, and then we have obsolete, outdated
equipment. That has -- you don't have any value.
So if you're thinking about it as a shade for a parking structure, that's fine. But there
just isn't any savings here. And we have to outlay the money, and there's opportunity
costs to the money.
If we simply put that money you know, into the bank, we'd make more money on it than
the amount of money we spend on electricity. It's just really what it is. This is not a
representation and good fiduciary policy for the people of Fountain Hills.
UNIDENTIFIED SPEAKER: We do understand that, Mr. Mayor and Mr. Councilman; we
also do want to reiterate the fact that we are seeing, since 2022, COVID, the 5.1 percent
price increase in utilities. So it is exponentially jumping since COVID as well.
WATTS: Yeah. But along those lines, you've got to have that factored into your 15 to 17
years. So you already do that. So the more we talk about the numbers, the more
concerned I am about it at the 15 year. Best case scenario. 15 years, the panel's, in a
very simple math, have degraded by 7.5 percent. So we're down to 56 percent as
opposed to 64 percent, somewhere in that area.
The life of those panels being 25 years. Yes, there's some upside after that 17-year
period, but we don't know what that is. And we don't know what replacement costs are
going to be. We don't know what -- Councilman Skillicorn point -- inverters, all of the --
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all the interconnections that are involved.
We end up with a nice covered parking area for a few million dollars. And when you talk
about the guarantee, I don't wish any ill will on Veregy, but I assume you guys have a
performance bond, that you guarantee the savings by way of a bond so that if you
happen to go defunct, we still have the bond. Is that accurate?
UNIDENTIFIED SPEAKER: Explain that again, please?
WATTS: I'm not -- relying completely on Veregy for your guarantee. There has to be
something behind Veregy in the way of an insurance performance bond --
UNIDENTIFIED SPEAKER: Yeah.
WATTS: -- or a payment bond.
UNIDENTIFIED SPEAKER: Yeah, we do.
WATTS: So you bond to our benefit that, if something should go awry, we have a
fallback, not just on you.
UNIDENTIFIED SPEAKER: Correct. Yes, sir.
WATTS: Okay. And I'm still stuck on the payback. And the payback is really driven
because the lousy return that SRP gives us that couple of cents. Whereas in a residential
environment, we get dollar for dollar payback, and that makes it viable. And also the
reason I would go from 64 percent up to 80, 85, 90 percent.
Even so, I'm not so sure I'm sold at this point. And I think I might be safer investing in
the market as opposed to -- not the market necessarily these days, but you know,
making other prudent investments as our -- CFO has already done, as opposed to
speculation on solar.
So I need more to be able to help.
UNIDENTIFIED SPEAKER: Okay. You're also hedging the bet against future -- rate
increases. If you look at APS, they're asking for 14 percent the last three years. Of
course, they're not getting it but they're getting eight percent, they're getting nine
percent year after year. It's only a matter of time before everybody else catches up.
WATTS: Yeah, but the point still remains. 15 year life. While -- SRP, we have to deal
with, is continuing to raise their rates, the technology is also jumping by increments.
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MCMAHON: Uh-huh.
WATTS: So some of the -- film solar that's coming out these days has a longer life, has a
higher efficiency. Some of the dual layer solar that is coming out has a much higher
efficiency, and reliability is pretty stable. But the technology at the end of 15 years, we
don't know what we're going to get. I think I read a report that something had 120
percent efficiency. I don't think they got that.
But you know something. So my point is we're stuck with old equipment for 15 years.
We didn't really save any money during that period of time. Now what do we do? So
again, I need more.
MAYOR FRIEDEL: Let me ask a couple comments if you don't mind. So somebody said
there's no benefit right now. Well the benefit right now is covered parking. But I do
have a couple questions for you.
Is there any play in that warranty from two years? Did you -- every project you did, was
it a two-year warranty?
UNIDENTIFIED SPEAKER: Yeah, that's a standard Arizona statute, a two-year
workmanship warranty that all contractors have to provide for any construction project.
MAYOR FRIEDEL: Okay. Thank you. And I don't know, maybe this is a Paul question.
Have we talked to anybody else about pricing on -- a project like this? How competitive
is this?
SOLDINGER: So Mayor, Council, this -- so this contract was structured under a
cooperative agreement through performance contracting. So we really didn't know the
scope of what they would even propose.
What they first did -- so going back a little bit. They started with an initial energy. So
evaluating our energy interval data to see where there could be some efficiencies. So
it's actually a very long process for them to evaluate that and then say based on the
data we see this; this is what we propose.
And this was the main project discussed. There's other energy efficiencies they are
proposing, but because this one has a deadline with the federal rebate, that's why we
brought to Council at this time.
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We have not had the opportunity -- and this question has come up. Why not go through
a bid process.? Well we didn't know the scope. You need a scope to go through a bid
process. And what we're doing is completely legal. And within the parameters of our
procurement policy is a performance contract. They guarantee the savings for a certain
cost to build the project.
MAYOR FRIEDEL: So I have another question. Have you -- how long have you guys been
doing these projects for the other towns, and Phoenix?
UNIDENTIFIED SPEAKER: And we've been in business for 35 years.
MAYOR FRIEDEL: Have you -- what kind of -- what kind of difference have you seen in
the technology of the panels in the last five years? Has it been dramatic?
UNIDENTIFIED SPEAKER: It's in the last five years, they were at about 450 watts per
panel. We're right around 570 right now. You're seeing a typical panel.
MAYOR FRIEDEL: And the inverters -- so I want to make another comment, too. If --
monsoons knocked them out, nobody in Arizona would have solar. So -- I'm concerned
about monsoons. But again, nobody in Arizona would have solar if monsoons knocked
them out. So, your inverters. What's the warranty on the inverters?
UNIDENTIFIED SPEAKER: The inverters have ten-year warranty on ten year.
MAYOR FRIEDEL: Ten year. Okay.
Go ahead, Vice Mayor.
EARLE: Thank you. Mayor. I want to go back to the rebate now, learning that we don't
get reimbursed till the project is done. When do we know we're guaranteed for the
warranty? I'm sorry. The -- rebate.
So but I -- we -- will apply for the rebate, but we're not guaranteed the rebate. But then
are we locked in whether we get the rebate or not? Is there an option to apply for
rebate and then say we go forward only knowing we got the rebate?
SOLDINGER: So Mayor, Vice Mayor, I'll speak and you guys correct me if I say anything
incorrect.
So in these conversations, you know, Veregy, as any company, they would not
guarantee that in the contract negotiations that we would get the rebate. But they have
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made many efforts to provide documents and clarification.
We end up -- contracting with the tax advisor because to their point, the tax forms are
not that complicated. But it's all the calculations and evaluating the criteria of the
federal rebate that is challenging.
So we have done a lot of verification and going back and forth with Veregy for them to
provide the documentation. Our tax advisor needs to provide positive assurances. So I
guess I never touched on the fact that we do feel really good. We'll get the rebate very,
very strongly.
It's not guaranteed, but it's as close to a guarantee that we can get as a staff at this
point. But yes, it will come after the fact and we won't know until the project's done,
planned for next August, if approved after that, they have to energize it.
Is that a few months or how long will that typically take?
UNIDENTIFIED SPEAKER: It's when the project is complete, yes.
SOLDINGER: So -- we would know in about 14 to 16 months from now, if we are receive
the rebate, we would apply for it right away with our tax advisor. And -- we would find
out pretty quickly.
EARLE: Okay. So then just to a reminder that in the 15 years to get the guarantee of
savings, we would be shelling out 86,490. It's not free. The guarantee payback if we
don't have the savings, is not free. Conflict of interest, I think I don't know.
And then if my calculations here -- if we did nothing and we stayed with SRP with their
suggestions, or their estimate of the raises every year, we'd be saving 178,357 in the 15
years. But if we don't get the rebate, that's going to be over a million.
MAYOR FRIEDEL: Are you counting the covered parking in there? I don't know how you
put the --
EARLE: Covered parking is --
MAYOR FRIEDEL: -- I don't know how you can put a value on that.
EARLE: Okay. I'm -- what -- well, we wouldn't have -- if I'm saying -- if we -- well, that's
a -- that's expensive covered parking. To get the covered parking with the solar. Yes it
all -- it's all together. But if we just stuck with SRP, didn't have covered parking, it looks
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like we in 15 years, we would still be ahead 178,000. This is just estimates because
you're just estimating too.
So it doesn't -- and all these things we're learning more and more. And as things break
down over time or what could happen. I'm not sure how good our insurance would be if
a monsoon came through and knocked stuff out. I don't know what that covers. Just
the numbers don't look good to me. Sorry, Paul.
LARRABEE: Mayor.
EARLE: Thank you. I wanted to thank you. Okay.
MAYOR FRIEDEL: Hannah. Go ahead.
LARRABEE: Thank you, Mayor. Apologies. I don't have a way to raise my hand over the
phone.
My first question is regarding the actual design of the project. Not even just our
numbers, but knowing that, you know, if we were at the equator, the -- solar panels
would be able to be flat. But as you move away from the equator, there's a certain
angle they need to be to obtain maximum energy or retain maximum energy.
Did we prioritize that angle to get the most energy out of each panel, or did we
prioritize angle as in getting more shade for the vehicles? I just want to see if we looked
at those options. If there's different designs we could look at.
UNIDENTIFIED SPEAKER: Yes, Ms. Councilwoman, we do look at all the options for the
angles. You could go at a higher angle, but then you're also increasing all your
construction costs and your steel costs as well.
Ten percent is the optimum that the computer program. We put it in a computer
program that spits out where the optimal layouts are, what the angle is, what the
azimuth is. And this is where we're at with the ten percent.
LARRABEE: Okay. Thank you. So to be clear, are we getting the maximum amount of
energy possible out of the solar panel, or are you saying that we are not to reduce
building costs?
UNIDENTIFIED SPEAKER: Ms. Councilwoman, no. Probably not getting the most out of
the angle, because you would have to go at about a 20 percent angle to be at your most
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optimal. But that would put your -- canopy on the rear, approximately 25 feet in the air,
and it would block the view of your whole buildings.
LARRABEE: Okay. I wouldn't want that either. With -- and now, if -- I hope Paul hasn't
walked too far away. But Paul, what would the cost be for us to just build covered
parking? Like, let's say we don't put any solar panels on there. Would that be similar to
this project cost?
SOLDINGER: I don't have those figures of --
LARRABEE: That's fair. I understand that we wouldn't have exact --
SOLDINGER: What was that, Councilwoman?
LARRABEE: Sorry, Paul. I understand we wouldn't have exact figures. Probably hasn't
been a design yet, but do we have at least an idea of what the difference would be?
Because I know a lot of the draw here is the covered parking, so I would like to compare.
If that's half the cost, let's put half the money to just building covered parking, you
know?
SOLDINGER: So what I'll say to that is mayor, Councilwoman, is the reason this is before
the Council, before the break is because of the federal rebate. So if -- the Council is
interested in looking at covered parking without the solar panels, that's something we
could look at in the fall or next fiscal year, and it wouldn't really impact the rebate --
ability to get a rebate.
So that's something we could reconsider and look at as staff.
LARRABEE: Okay. Thank you.
MCMAHON: Thank you. And thank you very much for your presentation and all your in-
depth information. Also your proven professional experience in the past and building
things for the town, et cetera.
As you said, we're going to be paying SRP anyway, and electricity. This is a capital
improvement. It is going to not only be covered parking that is capital on our books, but
it's going to be solar panels, et cetera. And if you think about it, we have entered into
many contracts before with not knowing for sure whether or not we were going to get a
rebate. And generally it's panned out, I think almost every single time that we do and
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we've done that.
So we have voted for and supported other contracts that have an upcoming rebate that
we apply for, et cetera. So I'm not really, really concerned and nervous about that. I do
think personally that this is a really good idea, and I would like to make a motion to
approve the proposed energy savings capital project for parking shade structure, solar
panels, and including all necessary steps to execute contracts to initiate and administer
the project to completion.
This is a timing thing, and that's why it's here. It's not the only reason we're bringing it
now, it's -- we're bringing it. You guys have been working on this, and the staff has been
working on this for a really long time. They've done in-depth research about it. It's not
just because of the rebate, it's because it's a good -- it's a good capital project for the
town.
Thank you.
[CROSS-TALK]
UNIDENTIFIED SPEAKER: Are you looking for a second or two? Are we going to go to
the --
MCMAHON: I need a second.
KALIVIANAKIS: Okay. I would second that.
SKILLICORN: Thank you, Mr. Mayor. And I just have a couple of questions for the
vendor. We did talk about inverters. What brand inverter are you guys using?
UNIDENTIFIED SPEAKER: Inverters are SMA Sunny Tri-Power X.
SKILLICORN: Okay. And then how many are there?
UNIDENTIFIED SPEAKER: Total is -- see, you got five inverters for the community center
and three inverters on the town hall raise.
SKILLICORN: Mr. Mayor, bear with me a moment.
Okay. There's quite a few. Just take a look at their warranty information.
Also, Mr. Mayor and Councilman Watts, the ten percent versus 20 percent angle. We
have thoughts on that. You know, again, I'm skeptical. I don't -- I think this is the -- is
going to be very expensive for us to have covered parking, but Mr. Mayor, Councilman
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Watts, do you have thoughts on the angle?
WATTS: I think the ten percent angle has some inherent flaws, but when you do the
angle, and you do the math, and I forget a squared, b squared, c squared, that kind of
stuff. You're probably right, 20-plus feet versus -- what do we have, 15 feet right now
for covered parking.
So I think that's something to be concerned. I think I look at this slightly differently after
all the financial conversations. I think we look at this as a break even project at 15 to 17
years. And then if we're willing to accept a 50 percent performance after that,
including -- in addition to -- or plus costs of maintenance and upkeep, then we should do
it.
But I don't think it pays for itself in that 15 to 17 years. And I think the math supports
that. I think the maintenance costs are going to be high.
I'm glad to hear that there are fewer number of inverters, rather than having hundreds
of inverters out there, because the more items you've got, the more failures you're
going to have. So we reduce some of those.
I just think that it's -- -- inherently SRP's issue because they don't give us dollar for
dollar, so we get a couple of cents. Doesn't make a lot of sense. So if we want -- from
the council's perspective, if we want to live with the fact that 15 years from now we'll
have paid for this and we'll get whatever we get out of the system, that's a different way
to look at it.
MAYOR FRIEDEL: Let me add something, too. I think that it -- correct me if I'm wrong.
The main cost to all this is the construction costs. The equipment isn't really. It's $500
for a panel. I mean, it's -- not like it's going to break us if a panel goes out.
So and I think, again, looking at the numbers and just looking at our trash hauler wanted
30 percent more, EPCOR up 17 percent, APS 16. I think the repayment on this is going
to be shorter than 15 or 17 years. I just I don't see any way around that.
I mean, am I --right? The major cost is the construction.
UNIDENTIFIED SPEAKER: Yes, that's right, Mr. Mayor. And I also want to say that on the
calculations that Rob had put together, we guaranteed that on 95 percent. So we will
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also recognize more savings. But for the guarantee, that is what the -- industry would
be for the 95 percent on that.
MAYOR FRIEDEL: Do we have a comment card? Somebody to speak?
BENDER: No, Mayor. We do have three comment cards though. And they all say they
are for this project. They don't want to speak.
MAYOR FRIEDEL: Thank you.
Councilman.
SKILLICORN: Thank you, Mr. Mayor. I did look up -- the -- inverters are made in
Germany. They're not made in the United States. You know, again, we don't know how
long they're going to last. There's maintenance costs. Equipment like this doesn't last
forever. And in my experience, which is extensive in this field, you know, lifetime -- the
lifetime of these inverters is less than 15 years.
WATTS: Wait, I thought the requirement for the rebate was all American made?
UNIDENTIFIED SPEAKER: Yes, Mr. Mayor, Councilmember Watts. We have to meet a
minimum 50 percent of domestic content for your project to be considered domestic
content compliant with the materials and products that we're using. You guys are
passing that threshold to 53.2 percent on domestic content. So you guys do qualify for
domestic content as well as the fiat compliant materials.
WATTS: Thanks.
SKILLICORN: Mr. Mayor, thank you very much for your generosity here. I promise this is
my last comment. As someone who is critical of the Inflation Explosion [sic] Act, I would
be hypocritical if I voted for this.
KALIVIANAKIS: Thank you, Mr. Mayor. And yeah, just before we vote, I just want to say,
and you mentioned the word stewardship in your presentation, and that's literally what
I had written down before your presentation even begun. I think this is a good project,
and this is the kind of infrastructure and long-term infrastructure project that I think we
should all be interested in.
We in the Council serve two-to-four-year terms. And we are temporary stewards of a
town that's going to be here for many, many years. We're making decisions today that
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future Councils and future Mayors, future budget officers are going to thank us for.
They're going to reap the benefits of what we're doing today, many years down the
road.
And then somebody sometimes is going to tip the hat to the 2006 [sic] Town Council
and saying these people had -- were visionaries. They looked down the road. They
invested. Today it's 2.3. We're going to get the -- I'm sure we're going to get the rebate.
The experts say we're going to get the rebate. That knocks it down to 1.3, and we're
going to be getting cost savings on utilities that are going up dramatically with all the
data centers and all the competition for electrical.
It's -- going to go up exponentially, and we're going to be getting cheap energy for 35
years. And this is something that I'm so proud to take a yes vote on tonight, because
this shows long-term planning, long-term stewardship and investing today and what
we're going to be benefiting from in the future.
And so to me, this is the probably the easiest vote I've taken since I've been in the
Council, going on four years now to -- -- support the staff, to support the staff, report, to
support the people, the experts that have come here to our small town and are offering
us an option for future savings so we can make more infrastructure, future roads, future
investments, future performance center.
This is an easy vote. And so thank you for your presentation. And that's what I have to
say before I vote.
MAYOR FRIEDEL: I have two more comments.
One, I think we can space this out over two years.
UNIDENTIFIED SPEAKER: (Indiscernible) So that would help us for budgeting. And then
secondly, is there something we can look at for use of downtown funds to help fund this
project so it doesn't all come out of general fund?
GOODWIN: Mayor, we can certainly take a look at that. I'll work with Paul -- wherever
Paul went.
There you are. Thank you.
--to see if that's a viable option.
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MAYOR FRIEDEL: Thank you. So we have a motion and a second.
Can we get a roll call, please?
BENDER: Councilmember Skillicorn.
WATTS: No.
BENDER: Councilmember Larrabee.
LARRABEE: No.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts.
WATTS: No.
MAYOR FRIEDEL: Vice Mayor Earle.
EARLE: May I explain my vote?
MAYOR FRIEDEL: Sure.
EARLE: I do support energy savings. But as a steward for our town, I think we need to
make financially sound decisions. And I just don't -- it doesn't seem financially sound for
the return on investment with all the numbers we've looked at. So my answer is no.
BENDER: Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Mayor, three to four, fails.
MAYOR FRIEDEL: Thank you.
Sure.
SKILLICORN: Mr. Mayor, I make a motion for a couple-minute recess.
EARLE: I'll second that.
MAYOR FRIEDEL: Short recess.
EARLE: Thank you so much.
(Recess)
MAYOR FRIEDEL: Okay. Thank you. Now we'll move on to Item C, which is
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consideration and possible action regarding a budget authority transfer for additional
design costs for the downtown -- streetscape. Capital improvement.
Town Manager.
GOODWIN: Thank you, Mayor. Director Weldy is going to walk us through a minor --
sort of a minor change in the sense that we have funding set aside in next year's budget
for the construction of the downtown streetscape. However, construction can't happen
until we finish design.
Is that about right? I'll let you finish those details, director.
WELDY: Thank you for the introduction and the brief description. So I have been doing
this for a considerable amount of time. Sometimes I lighten the mood by using the term
proverbial hat. At other times, when it's larger amounts of money, I say dump truck
loads.
As I mature, I grow less tolerant of some of these things on behalf of the people that I
work for. And in this particular case, my tolerance level is right around there. The
primary reason for that is I missed some things during the 15 percent design concept
report, which was primarily related to drainage.
Now that we're moving forward and we have a lot more information that we are paying
for, not MAG, these things begin to add up. What I'm here tonight to ask for is funding,
and this wouldn't be the first time I've been before this elected body and others to
simply state the money that we have allotted for design is not going to be enough. And
the reason for this ask is drainage.
If the project is constructed without drainage improvements on Parkview between La
Montana and Saguaro, when this placemaking town improvement is finished and there
is an event there, pick your event. If there is rainfall, that rainfall is going to impact
vendors that are in that space, and that's negative media and publicity and not what we
should be focusing on. And that's what it comes down to.
There was a little bit of error in the 15 percent design. The concept report, I'll own that.
But in order to keep moving, we need to keep the design moving. Now let's get to the
logistics and the challenging part.
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We have money budgeted for next year based on the budget that you've all seen.
Several presentations for construction of the first section, which is Verde River between
Avenue of the Fountains and Palisades. We're asking to use some of that money out of
next year to complete the design.
The intent is to keep moving on the moving forward on the project, which we have
done. We've had enough funding to keep going with the design. There hasn't been any
delays related to that, but we want to get it over the hump and get the design finished.
All the technical specifications, the bid documents done, and get the first phase bid out
for construction.
So that's what I'm here to ask for, is some additional money to cover that drainage
design. With that, I'll do my best to answer any questions not related to my maturity or
my attitude.
SKILLICORN: Thank you, Mr. Mayor and Director Weldy. So we already did the
engineering for the drainage, or we just need a little bit more to do that engineering?
And that is in addition to the angled parking spots and all that's going on there?
GOODWIN: Mr. Mayor, Councilmember, this is just to pay for the design of the
drainage. So we're -- that design is already underway because, again, we do have
funding to keep moving until June 30th of this year. We're asking for that funding to
carry into next year for the design.
SKILLICORN: And Mr. Mayor, Director Weldy, do those storm drainage -- where -- does
it go to? I mean, it wouldn't be allowed to go to the lake. Where does it go to?
WELDY: Mr. Mayor, Councilmember. So it's easy for me to paint a picture, but basically
what we have is everything from La Montana west to the Avenue of the Fountains in
and around the drugstore and the assisted living facility. Those drain onto the Avenue
of the Fountains.
From the Avenue of the Fountains, they drain through that neighborhood into a basin,
and that basin is along West B, and then it goes under West B and underneath the
smaller homes on -- La Montana and comes underneath the Bashas' Parking Center. It
enters La Montana right around Parkview.
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You may or may not, during storms have seen water -- what appears to be a lot of water
coming out of the Bashas' parking. That's the water from there. Now that covers that
part west of La Montana. A little bit of technical term here.
So when -- we talk about the vertical crest, I'm talking about the highest part on the
road north of Parkview on La Montana. The vertical crest is just in front of the bank
building there. South of Parkview on La Montana, the vertical crest is just around the
corner on the Avenue of the Fountains, so some of the water that comes down the
avenue will turn. But all of that water ends up on Parkview.
Now to get to answering your question, all of the runoff that comes down Parkview will
be entering into a storm drain that exists on Saguaro Boulevard. Depending on the
quantity or the Q as we describe it, it will then enter Fountain Channel. Fountain
Channel is a turf area parallel to Saguaro that starts right at Parkview and then
disappears as it goes under El Lago, and eventually ends up heading into the Verde River
and the Salt River.
SKILLICORN: And Mr. Mayor, Director, the let's say the water comes out of Bashas. Is
that above grade that goes down the street or is -- are there storm drains? Storm
sewers? It flows underneath grade.
WELDY: For the Bashas, there is a concrete structure that allows it to flow under
Bashas. Once it enters La Montana, it's on the surface; our intent is to capture it in that
area and pipe it down to Saguaro.
SKILLICORN: Thank you. And Mr. Weldy, you mentioned MAG. I don't know if I
specifically remember a MAG component to this. Is there or was there like a drainage --
something to drainage with MAG?
WELDY: So the first part of this, which was the 15 percent design concept, was
$100,000 grant for MAG. That got us to the 15 percent, which doesn't go into a lot of
details. It just gives us some concepts that we presented not only to the public, but to
this elected body.
SKILLICORN: Thank you very much.
WELDY: You're welcome.
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SKILLICORN: So far, this is the best topic.
EARLE: Thank you, Mayor. So my understanding is we already have this money, just in
another bucket, so to speak, and we're switching it to this one if I speak like Paul does. I
don't know where he is. Is that correct?
WELDY: Mr. Mayor, Madam Vice Mayor, that is correct. We already have money
budgeted next year for construction. We're asking to use some of that construction
money for design.
EARLE: But we don't want to do construction improperly. We need the proper design.
So I -- if I can make a motion to approve and then continue conversation?
SKILLICORN: I'll second that.
KALIVIANAKIS: Councilman.
WATTS: So we've already got -- we've already got money set aside for the budget to do
the actual construction component; is that correct?
WELDY: Mr. Mayor, Councilmember, that is correct.
WATTS: So can we get your personal assurance that you'll save this money out of that?
WELDY: Councilmember, I can't give you personal assurances based on all the other
moving parts, but I'm a man of my word.
WATTS: So thank you, Justin. I appreciate the input.
MAYOR FRIEDEL: Town Clerk, are there any comment cards?
MAYOR FRIEDEL: No, Mayor.
MAYOR FRIEDEL: No. Okay. I'll take a motion -- a second.
Did you second it?
Okay. We have a motion and a second.
Can we get a roll call, please?
BENDER: Councilmember Skillicorn.
SKILLICORN: Yes.
BENDER: Councilmember Larrabee.
KALIVIANAKIS: Aye.
BENDER: Councilmember McMahon.
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MCMAHON: Aye.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts.
WATTS: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: And Mayor Friedel.
MAYOR FRIEDEL: Aye.
BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you.
Moving on to item D, discussion and possible direction relating to e-bikes and e-moto
regulations. Rachael?
GOODWIN: Mayor, if you recall from our last meeting, we had a request to review what
our current statutes say, what our current rules are. E-bikes are a growing concern in a
number of communities, not just ours, but across the valley. Kevin has taken some time
to put together some highlights about e-bikes, what they are, what they aren't, and
what we currently have in place.
I do know that we also have Captain Thomas in the back because this conversation
obviously does overlap with MCSO efforts. So with that, I'll turn it over to Director
Snipes. And just want to note, too, that this item is agendized for discussion and
possible direction. So it's really about next steps, what you guys would like to see if any.
All right. With that, all yours.
SNIPES: Thank you very much. Mr. Mayor, Councilmembers.
We're here tonight to talk about e-bikes. I know it's been a hot topic of discussion
throughout this year for sure, and last year as well. Where we kind of like to start is
there's a lot of -- even municipalities that are coming out and saying things that aren't
accurate as far as what an e-bike is or is not.
Here, we kind of see one that -- was -- put out by Scottsdale and it's talking about
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they're creating no e-bike zones. Well, the picture is not of an e-bike, it's of an e-moto.
So that's something that we need to kind of pay attention to as we're talking about this,
to make sure that we're talking about the things that we're intending to off to the right,
you can kind of see that the e-bikes are kind of a lot like what we saw in many years ago
when the mopeds came out and mopeds were not motorcycles. So they had their own
set of rules. Now it's just we're talking about e-bikes or motos versus motorcycles or e-
motorcycles.
So kind of looking at the two and the differences. An e-bike is something with pedals. If
you can't pedal it, it's not an e-bike, where any motorcycle has pegs like a motorcycle
does. They can be much faster and -- require you to follow the rules of the road, which
includes having license and all the things that you would have to have if you were riding
a motorcycle.
Here's another look at a -- e-moto and the gear that's required for it, which follows the
same guidelines as what we do with -- motorcycles.
What we're here talking about primarily tonight is the e-bikes. And so there's three
different classes of e-bikes. They can be manipulated. So it's one of the things that we
got to kind of look at. They have stickers that are on them when they -- first come out,
but that doesn't mean that people don't take those off. So --it's -- one of the things
that makes this very difficult with enforcement is figuring out exactly what you're
dealing with.
The State law in Arizona is the baseline authority. So we have to follow that at
minimum. What we want to do beyond that is up to the group tonight to have that
discussion and -- figure out what we want to do, and then we'll bring that back to you
for approval in the fall.
Here, we're kind of talking about the different classes of e-bikes. The class 1s are -- and
in class 2s both only go to 20 miles per hour. The class 1 has pedal assist, which means
you have to be pedaling it for the motor to work. The class 2s mean that you can
throttle it like you would a motorcycle to -- get power, and you don't have to have the
pedal assist, but it still is limited to a 20 mile-an-hour speed, and the class 3s go up to 28
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miles per hour. and they do have a speedometer required on them, and they are pedal-
assist only.
So as you can see just in those descriptions, there's a lot of similarities between all three
of them. So there's when we start having different rules based on the classes; it
becomes very difficult for MCSO to be able to look across the park and go, yep, that's a
class 1, or that's a class 2, or that's a class 3. That's a very difficult thing to determine
from a distance.
Around the valley there's a lot -- I mean, it's all over the place. So this is one where
everybody's trying something different, and -- I don't think that any one solution has
solved all the problems. But what we're trying to do is minimize the issues that we've
had.
Phoenix has gone to being the most restrictive in their park and preserve areas. They're
set up where their off-road vehicle -- their off-road trails, they don't allow the e-bikes
except for on the streets and on the paved facilities. On their natural surfaces, they
don't allow it in the -- on their trails and things like that, which we are. We follow that
same guideline here. We don't allow e-bikes in our preserve at all or on any of our trails
at this time.
Scottsdale kind of took a little bit different approach. They've guided theirs more
towards how you ride it. Trying to cut down on reckless riding, riding wheelies under
the influence, and -- allowing them to not use the class 3s on their mixed-use paths.
Glendale by far has the most restrictive and comprehensive. They have age restrictions
for -- each of the classes. They also have equipment requirements to have lights like
you would for a bike when you're riding at nighttime. They have behavioral regulations
for reckless riding. They have enforcement fines. They could climb to $500 within a 12-
month period, depending on how many times you're caught. They also have 15 miles
per hour limits within the parks and a requirement to yield to pedestrians.
So with all of that, it I can't imagine how they -- enforce any -- most of this, because
they're not sending out with radar guns, checking for 15-mile-an-hour speeds in the
parks. You know, and one person's thought of a yield on a mixed-use path versus
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another's -- I'm sure we get plenty of calls that, hey, someone's here doing this right
now.
Getting out there to get to them again becomes a difficult task. So it's one of those
things that we really want to make sure that we're thinking about as we're -- coming up
with a plan to where it is enforceable, and it's not 1,000 calls to get a couple of people
that you actually catch. We'd much rather have it be something where it's enforceable
on a drive-by and being able to see what's going on within the parks and or the streets.
So here's some options that we can look into. One is just to follow the Arizona law. The
pros of that would be that it's simple. There's minimal enforcement burden. And
there's -- and --it's consistent with the State law. Of course, that doesn't solve the
issues that we're seeing with our residents' concerns about the speeds and the conflicts
that we're seeing on the streets and in the parks.
Another option is to do a path and trail classification, where we allow certain classes of
e-bikes on our mixed-use paths, our shared-use paths, our sidewalks, and we still stay
away from allowing the e-bikes on our trails. I personally think that -- if we start
allowing them into the preserve, we'll -- run into more problems than what we have
now, for sure.
Another option to look into is doing an age restriction. And this would not allow -- and
there's two different ways that I've seen it done. One is to not allow anyone under 14
to be on an e-bike. Another version that I seen done was to allow them on class 2s and
3s. Not -- to allow them on class 2s and 3s, sorry, but to allow them on the class 1s.
This does address the concerns about the younger riders and seeing the -- way that they
ride around and not knowing the rules and or not caring about the rules or a
combination of the two. This again is more difficult to enforce because it's very hard to
see someone with a helmet on and go, he's probably ten or 15 or 12. So it is very
difficult to enforce.
Another option is that we do a combination of the two, where we set an age restriction
and we set a location restriction where we're not allowing the class 3s on the shared-
use paths, the sidewalks, or the natural surfaces, as we saw in option 2. And -- but we
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are allowing class 1s and 2s to be able to be ridden on our shared-use paths and our
sidewalks.
And one of the things that that I've noticed more so recently as I am seeing more and
more older people that aren't maybe able to ride bikes as much, and now they're riding
e-bikes and getting out and using them. And so we want to be cautious of that as well
as we're having these discussions and think what's going to affect everyone that are on
these bikes, you know, if we're not allowing them in parks or if we're not allowing them
in -- on sidewalks, then that's going to also affect -- it will affect everyone that's using
these.
Another option is to follow the rules of the road for of the State for the road usage, and
to not allow any e-bikes in parks at all. It's a simple way to do it. It's easy to enforce
because if you see an e-bike, then they're not allowed to be in there. But it is very
restrictive and it doesn't address the street riding concerns.
With that, I'll open it up to have some discussions around it and see how we want to
move forward.
EARLE: Thank you mayor. So what are the problems you're hearing currently? Well,
and I want to ask. Regular bicycles, they're allowed in the park and on the sidewalks
going down the avenue?
SNIPES: Yes, uh-huh.
EARLE: But the issue with --
SNIPES: But we've allowed -- it was a Council directive before my time here to allow
bikes on all of our sidewalks, both in and out of the parks.
EARLE: I know a lot of people like to walk around the park. Is there issues with the
bikes running people over?
SNIPES: I won't say running over. We -- have had complaints over the years of bikes
being on the path and riding too fast, or not being courteous of people that are walking
by.
EARLE: Is there issues on the sidewalks, like on the Avenue of the Fountains where
people walk up and down there? Are we having problems there?
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SNIPES: That's probably the one spot that I haven't ever had a complaint on, is on the
Avenue.
EARLE: Where's the most complaints?
SNIPES: Fountain Park would be where we get the most complaints.
EARLE: Fountain Park. Okay. What do you -- you think regular bikes are okay there?
Maybe not e-bikes in the parks?
SNIPES: It's definitely one option that we could do. Like I said, it does make it easy to
enforce and to keep an eye out for. It. This is really a -- Council decision. Like I said, I've
seen it done so many different ways, and I don't think that any of them are perfect. And
so it's just really a matter of our town and the feel that we have here.
The -- damage that the e-bikes, that some of the kids have been riding and doing donuts
in our -- in fields and -- tearing up some of our granite areas is definitely been a concern.
It's tailed off a little bit here recently, the damage-wise from what it was right after
Christmas, when I think a lot of them may have been given away. So that's a good thing,
but we are getting ready to go into summer and we'll see if it picks right back up again
now that the kids will be out of school.
EARLE: So I'm not familiar with e-bikes, but I was looking at those. But can they be just
pedal only, you don't have any of the power on?
SNIPES: They're -- --
EARLE: Class 1, 2 or 3?
SNIPES: Not an e-bike; if they're an e-bike, as you pedal the --
EARLE: But can you just pedal?
SNIPES: Could you just pedal?
EARLE: Without the motor on?
SNIPES: Yes, uh-huh.
EARLE: So there could be a -- you have to pedal in the park once you get out of the park.
You can.
SNIPES: Well, when you're pedaling, it kicks the motor in as well. So you -- have a tough
time.
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EARLE: You can't disconnect that part.
SNIPES: Seeing that. Uh-huh.
EARLE: Okay. Thank you.
MCMAHON: Kevin, thank you very much for your presentation. I was on wait and I
appreciate all the in-depth information. I read through some of the statutes and I
happen to like Glendale's in the sense that it's pretty thorough as far as it, you know,
gives you definitions -- for the bike. It covers drugs, alcohol, the whole nine yards.
However, you say that's really difficult to enforce.
Now, from my vantage point, I don't know what you know and what the Sheriff's
Department know about the damage and enforcing, you know, what we need to
enforce. So I think from my perspective, what is it you're trying to solve? And then we
can look at which option or which one is best given our community, what you're trying
to solve, and what they can enforce.
And another question I'm just asking, you know, all of them right now, is do you notice
that the Glendale one has fines? So I mean, I know the 14-year olds don't have ID cards
or you know, age, you know, cards, et cetera so that's going to be tough to judge.
You're just going to have to believe them.
But I guess what I'm asking you for personally is a little bit of direction on what problem
we're trying to solve so that we can weigh in as to what option might be the best option
to help you manage the situation. Okay?
SNIPES: Yeah. So I mean, this was a director from Council for us to go out and find
some information on because of complaints that had been filed by residents here in
town, as well as our parks department, seeing the damage that they're causing in the
parks.
And I'd have to let Captain Thomas speak to what they're seeing on the streets and --
roads and issues that have come up with that as well. As far as to the parks, it's -- more
of the destruction -- destructive nature of the bikes that have caused the most
damage --
MCMAHON: Uh-huh.
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SNIPES: -- here lately for us.
MCMAHON: Uh-huh.
SNIPES: And having the e-bikes being in the parks and -- ridden through areas that they
shouldn't be ridden in causing plant damage and turf damage and things like that.
MCMAHON: So would you prefer that they not be allowed in the parks or be very
restricted in the parks?
SNIPES: Yeah, I think in an ideal world I would. I like the age restriction idea.
MCMAHON: Uh-huh.
SNIPES: Knowing how difficult that is to -- enforce, I don't know that -- that would be
something that we could put it out there. But I don't know that we're going to get the
effect that we're looking for out of doing it by age.
MCMAHON: Okay.
SNIPES: And so with that, I would probably lean towards no e-bikes in the parks. And
that would solve that side of the problem.
SKILLICORN: They're not allowed on dirt -- on hiking paths or anything, are they?
They're already not allowed on that. So we don't -- okay. Okay. So I guess getting back
to the parks. So do you not want to allow them in the parks? I mean, are there
reasonable restrictions if it's too cumbersome to not allow them in the parks, et cetera
that we can apply in any of these options that you've given us or no?
SNIPES: If I -- I'm not sure I'm understanding your question. So are you asking if we
can -- if --
MCMAHON: Eliminate in parks.
SNIPES: If we -- just eliminated them with within the parks and that would take care of
the park side of the problem. We would just enforce no e-bikes in the parks. The issues
that have been reported on the roadways and cutting in and out of traffic, and those
sort of things, that would be a different, you know, would be a different option.
MCMAHON: Okay. So we could add that and the streets and being able to enforce that
cut down on the parks, maybe have an age restriction. So I mean that's a good start.
SNIPES: Uh-huh.
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MCMAHON: You know, thank you for that direction; I appreciate it. Okay.
WATTS: So I knew if I called enough times you'd finally get the message. My question
really is this is one of enforcement. You really don't -- you and your staff really don't
have an enforcement ability. So it falls back on MCSO.
How are they going to enforce it? And there's an overriding concept that applies to e-
bikes, bicycles, and so on. Anybody that rides on the street -- that they have to follow
traffic laws.
SNIPES: Uh-huh.
WATTS: We're having a difficult time now doing that. I don't like the bikes in -- the park
or skateboards, you know, and that kind of stuff. They -- I've seen too many almost --
not -- any accidents, per se, but almost. So I'm more of a proponent to ban them from
the park and keep them on the streets in the bike lanes. And if parents allow them to
ride in the streets, it's easier for MCSO to enforce at that point. They can see them.
They're more -- visible. But keep them off of the --park areas and -- they're already
from banned from the -- paths and trails. So that's where I would go.
SNIPES: Okay.
KALIVIANAKIS: Thank you, Mr. Mayor.
Yeah. Thanks for bringing this up tonight. This is something that I think all the
Councilmembers do hear from the general public. Matter of fact, we just got an email
today addressed to the whole Council on, you know, we're going to do about it, and I let
them know that -- hope you're listening out there -- listen in because we're going to be
talking about tonight.
You know, it's one of those things you just want to get it just right. You know, like the
three bears. I do want to regulate. I don't want to overregulate. But I'm not sure if I
have the information that I need from MCSO. What's more problematic? And
Councilmember McMahon said this, we have to identify what the real problems are. So
to me, the analysis would be let's identify what the biggest problems are.
Let's -- talk to the experts. In my opinion, that would be MCSO, members from the
Parks Department, and I'd also like to schedule, if possible, an open house at the
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community center, invite the public and let them come in there and tell us and tell the
staff what they perceive as the biggest problems. Because if we get that kind of input
from the parks people that are out there, the Sheriff's Department who deals with this
all the time, and then from the residents to tell us where they're identifying that, their
major concerns, then I think we could bring this up back in the fall and go into it really
eyes open and knowing just --what we have to regulate, just what the concerns are
without overregulating it.
And so you know, to --me, I love the fact we're discussing this, but I just want to have
the information from all concerned principals and players of what they would like to see
us draft and then have the -- town staff put something together.
Again, maybe what you did tonight. The minimum. One more. And I think that'd be a
good way. And then we can vote with more knowledge. So that would be my
suggestion.
SKILLICORN: Thank you, Mr. Mayor and Director Snipes.
I think you may have communicated this, but the biggest complaint from your
department and maybe town-wide is more so the certain riders that are doing donuts or
damaging equipment, damaging fields, effectively vandalism, right?
Okay. So I look at that -- is a vandalism issue, not a bike issue. And I don't know if there
are -- you know, what legal remedies are, but requiring helmets and age restrictions and
stickers on the bikes doesn't stop vandalism. And then kind of on that point on this
issue, many issues, I'm fundamentally libertarian. I'd prefer to have as little regulation
as possible.
And I'm also someone -- I don't currently own a e-bike; I had in the past, but I mountain
bike. I like to do wheelies, I like to jump, I like to do endos, you know, things like that.
So maybe I'm a small-h hooligan. So I understand the activity, and I don't want to take
away from it.
But I also know there's a lot of people in our town that are maybe not as physically
capable to go up huge hills, and they have changed over to -- e-bikes have been very
popular. And I think there's a lot of people that they don't own two bikes anymore.
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Maybe once upon a time they did, but a lot of times they got an e-bike and that's fine.
There was a question from the Council about the pedal assist. Most e-bikes, you can
turn that off or its setting. You know, you have just a tiny bit, a little bit more. And
there's also the time when the battery runs out and then it is just a regular bicycle.
There's also another issue is that they tend to be a little heavier, and I think there are
places that it is a little inappropriate. And if you're not going to be rude to other people,
if you're riding around the path and the fountain, it's not a great place to be one riding a
bicycle at all or an e-bike. Have I done it? Yes. Have I done it when a lot of people are
there? Or try not to. Right?
I mean, you can -- you can understand when it's respectful, when it isn't, right?
SNIPES: Yeah.
SKILLICORN: If it's no one around and you're just trying to get the one side to the other,
it's probably not a big deal. So I think that's where the issue is, is that there's there are
some people that are either don't have that self-awareness or are being disrespectful.
And then there's -- we have the vandals.
So I would prefer to tread as lightly as we can. And I know that -- I know this is a very
popular item in town. I have a feeling that I'm in a minority on this, but if we go too
much, are we going to get into a nightmare of enforcement?
And you know, like age limits, like, I'm sorry, people, we can vote with an ID in Arizona.
Kids -- 14-year olds aren't walking around IDs, okay? Voters don't have IDs here in
Arizona. So how do we enforce that? It means we wouldn't. So I mean, we can't do
something we can't enforce.
Also, as -- I mean, I'm a little bit interested in the subject. But I have seen e-bikes that
advertise being the fastest e-bike in the world. And they'll give you a stack of stickers,
and it's a sticker that is appropriate for the trail you want to be on. Right? So even if it's
a class 1 and your e-bike will do 40 miles an hour, you can put the class 1 sticker on
there.
You know, how -- do you enforce that? And then do we really want to be the town that
well, let's peel -- what's underneath your sticker. I mean, that is not the town I want to
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be part of. I prefer to just ask people to be respectful. And I think there's got to be
ways that we can deal with, you know, people vandalizing the park by doing donuts and
stuff.
I am surprised that the current policy and directive was that -- allows bicycles are on
sidewalks. Again, I don't know if that's -- no one around, no big deal. But if there's
people using sidewalks, I don't think it's appropriate to zoom by them at 20 miles an
hour. You know, people, you know could get hurt. It's not respectful, and they tend to
be a little bigger and heavier, you know, stuff like that. I don't think it's an issue with
adults. Maybe I'm wrong, but an issue with kids, some of it might be trying to get the
parents to crack down.
I would be curious what the captain has to say on enforcement, like, I don't think it's
going to be code enforcement that goes and does it. I don't think it's going to the Parks
Department. It's going to be the MCSO. What tools do they need and what real issues
are there? You know, I think there's a couple different issues. One is the vandalism.
There are kids that are on e -motos that are zipping in and out of traffic and could get
hurt. Unfortunately, you can't legislate everything. I mean, if you're going to do that,
you require everyone to wear, like motorcycle leathers and helmets and stuff. You
know, it can't be padded, so we can't regulate that either.
So I don't have all the answers, but I mean, I'm willing to listen to a consensus. I think
that Scottsdale's got a better thing. Now you did -- the current policy is none of the dirt
trails -- any bike is allowed on them? So like --
SNIPES: No, bicycles are. E-bikes are not.
SKILLICORN: So let's say -- the Fountain Overlook Trail. You can ride a mountain bike up
and down there? It's a little tight for mountain biking.
SNIPES: I don't think that one -- is not on it. We have trails that are bike -- that allowed
mountain bikes and regular bikes.
SKILLICORN: So like -- I personally I've gone to Daryl (ph.) Canyon --
[CROSS-TALK]
SKILLICORN: -- and I've -- if you go north, that's fine for mountain biking, right? But
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some of the trails are real tight. Some of them are more difficult to use a mountain bike
or even e-bike. But then if there's other hikers, that becomes an issue.
SNIPES: Correct.
SKILLICORN: I just don't want to have a heavy handed.
SNIPES: Uh-huh.
SKILLICORN: I understand if this Council wanted to limit the use, especially the Fountain
Park, is that the number one complaint place, the Fountain Park?
SNIPES: I would say it's the number one pedestrian to bicycle location --
SKILLICORN: Yeah.
SNIPES: -- but the damage from e-bikes is probably maxed out at -- Four Peaks.
SKILLICORN: At Four peaks. And -- that's just a -- purely damage?
SNIPES: Uh -huh.
SKILLICORN: Yeah, are there -- I know the Mayor is an avid bicyclist. Are there trails at
Four Peaks that are appropriate for that? I think of walking trails and playground
equipment, baseball diamonds, you know, obviously the tennis courts, I don't think of --
appropriate bicycle trails there.
MAYOR FRIEDEL: There's no -- trail there.
SNIPES: One of the things --that we've done here is we've built ten-foot-wide sidewalks
for multi-use.
SKILLICORN: Things --
SNIPES: And so that's --
SKILLICORN: That's attracted the hoodlums.
SNIPES: It is. Well, it's also attractive to kids learning how to ride bikes. And we're not
against that. It's -- the speed of and knowledge of how to control the bike that they just
get sent out into the world and go, hey, go ride. And you ride as fast as you can. You do
endos, you do jumps, and you do what you can do. I did when I was a kid, for sure.
SKILLICORN: I mean, is it possible to craft something tight about those high traffic park
areas? It doesn't have to even be class 2. But class 1, 2, I don't know. And that's it. I
mean, I just don't want to -- I don't want to become the town that is so restrictive that
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we're not fun.
SNIPES: There's definitely places that allow class 1 and 2s in -- their parks, and they
don't allow class 3s. That's -- something that has been written. Again, it's tough to
enforce like we talked about.
SKILLICORN: Yeah.
SNIPES: And so like I said, this is a very difficult conversation because it's so hard to --
there's so many different steps. At least with -- the mopeds, they were pretty much the
same. You know, there wasn't much difference in them. And so once you set a
guideline, you could go, yep, that's a moped --
SKILLICORN: That's very easy to have an e-bike or electric bike with quite a bit of power
nowadays.
SNIPES: They tweak them where they take the governors off of them and all sorts of
stuff.
SKILLICORN: Yeah. And I do want to point out I was talking to a few people on the other
side over there about maybe mountain biking in the State Trust land. And we have a
very awesome town manager that might be helping facilitate that.
So -- there, I mean, there's more opportunity. You don't have to be running over people
to have fun.
SNIPES: Right.
SKILLICORN: So I just think if we could craft something very, very narrow that would be
something that would be more interesting than me.
MAYOR FRIEDEL: Would you be okay with restricting them from Fountain Park? That's
a high pedestrian -- area.
SKILLICORN: Yeah. Mr. Mayor, I think it's highly inappropriate to be riding around
Fountain Park when there's people there. The only issue is -- that if nobody's there,
does it bother anybody? And I can't craft an ordinance.
SNIPES: Right, it doesn't work like that.
SKILLICORN: Like, oh, you can ride your bicycle there when it's appropriate.
SNIPES: We'll put a sign up that says there's 12 people in the park. You can't ride now.
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SKILLICORN: Yeah, that's the problem. Now, I think it's highly inappropriate. I mean, it
doesn't even need to be that many people walking around. If you're zipping by
pedestrians and a 20-mile-per-hour e-bike. And frankly, the it's, you know, it's
challenging to get up to 20 curving. But even, you know, 15 miles an hour, someone
walking at three miles an hour and an e-bike zipping by two inches away at 15 miles an
hour, it doesn't mix well, right? I was hoping more people would have common sense.
LARRABEE: Mayor?
MAYOR FRIEDEL: Yes, ma'am.
LARRABEE: Thank you.
Kevin, would we be able to maybe consider an ordinance to bridge this gap, right?
We -- might not want to completely ban it for the elderly, that these help them get
around. But at the same time, we need to control some of the crazy. Are we able to put
something like reckless driving in there? And that would include e-bikes, bikes,
scooters, whatever, and just give MCSO a little bit of leeway to say like, hey, if
someone's being crazy, they're able to do something about it. Or is that not really a
realistic stipulation we could add?
SNIPES: Well, I would say that when you start going down that line, then I would say it's
crazy for someone to ride and jump and do a backflip on a bike, but the person that's
doing it goes, no, it's just a Wednesday. And that's what we do. So I think as soon as
you start trying to determine what that is --
Now, you could do, you know, like reckless riding. Like there's Scottsdale has taken that
approach of no wheelies. And they put some restrictions like that on it. So yeah, you
could do something along those lines. You'd have to be specific on what you are and
aren't allowing.
LARRABEE: Okay. Thank you. And as for the vandalism issue, do you have a ballpark
figure of how much that has cost the town so far?
SNIPES: I don't; it's -- a lot of man hours more so than it is property damage. Like, when
you get a four-or-five-inch-deep hole into an infield of a ball field, it takes time to get
that cleaned back up and put back together. And then it happens again the next night,
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and then the next night, and then the next night.
That starts to -- calculate into a good amount of time that the guys are spending on stuff
like that, or trails where they're throwing rocks out onto the sidewalk. So you're having
to -- blow off the sidewalk and then shovel it back up the hill. That takes time. So it's a
lot more time damage than --, say, someone doing graffiti or something like that, where
there's actual monetary cost to it.
LARRABEE: Okay. Thank you. And just to add to previous comments, I agree. I don't
want to be overly heavy handed. I want Fountain Hills to be fun for kids, but I also want
it to be safe for you know, all ages. Living near Four Peaks Park, I've been doing a lot of
walking around there lately, and I will say I have seen some questionable decisions
when it comes to crossing the road or -- I'm being as polite as I can about it, but I know
kids.
Kids are kids, and they're going to want to drive it as fast as they can. And that's what's
kind of scary about these e-bikes is I think these companies, on the broad scale, are not
taking a lot of responsibility for how dangerous they can be. I saw the fairly recent story
of, unfortunately, the child that was killed in an accident with a vehicle and how that
woman has been really pushing for legislation now on e-bikes.
I -- don't mean to ramble on it, but I do want to see how we can put up just reasonable
barriers on this without being overly heavy handed, but maybe just enforce some of the
rules that maybe should have been designed into the bike in the first place. Like if we
could -- not necessarily a speed limit, but if we could allow for MCSO to have some
common sense enforcement, I think I'd like to see some looser language that allows us
to let them make a judgment call.
GOODWIN: Mayor, can I suggest -- I mean, this is obviously a very in-depth
conversation with a lot of nuance to it. Would it make sense to bring this back as a work
session or for another time, where we may have a little more discussion and input?
EARLE: Yes, please.
GOODWIN: Just a suggestion.
MAYOR FRIEDEL: Yes, let's -- do that.
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SKILLICORN: I'll make a motion to table and to have a work session.
EARLE: Okay.
SNIPES: Thank you very much.
EARLE: Do we need to vote on that?
MAYOR FRIEDEL: I just -- we just need direction.
GOODWIN: Yeah. We'll take that direction and go from there.
SKILLICORN: Maybe we need a sheriff to bring back the posse to watch the park.
SNIPES: Thank you.
BENDER: Mayor. We did have one speaker.
MAYOR FRIEDEL: Oh. Oh. Okay.
MCMAHON: Shelby Blecher.
SKILLICORN: He was sitting there stewing. I got three minutes.
UNIDENTIFIED SPEAKER: Come on down.
BLECHER: Good evening, Mr. Mayor. Councilmembers. Shelby Blecher, Fountain Hill
resident.
I'm going to take a little bit different approach to this. When you consider the
regulations for e-bikes and e-moto, please consider the handout that I provided all of
you regarding the hidden dangers of e-bikes. You should have all gotten these today.
This was written by the American Academy of Orthopedic Surgeons.
Orthopedic and trauma surgeons report a drastic surge in severe e-bike injuries due to
the device's high speeds and heavy weight. E-bike accidents differ fundamentally from
traditional bike crashes, more closely mirroring small motorcycle collisions. Doctors
frequently treat complex and high energy fractures and traumatic brain injuries that
typically require immediate surgery.
Now, e-bikes certainly are fun and a convenient alternative to cars or for exploring our
hilly community. Unfortunately, the dangers that come with high speeds aren't always
communicated to the users, making it necessary to form regulations. We certainly need
to keep them off of the sidewalks, out of the parks, and put them in the streets and
designated bike lanes we have in town.
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A collision between an e-bike and a pedestrian will have tragic consequences. So I
would advocate for the most restrictive policy similar to Glendale; whether it's
enforceable or not, that's on MCSO. But if you don't have the policy, you can't enforce
it. And I've heard somebody else comment about the fact that maybe we can put 14-
year-olds into a class and require some type of licensing for them that they can carry in
town. So there are alternatives. But I didn't hear any of you really talk about the
severity of the injuries that are happening with e-bikes. Thank you.
MAYOR FRIEDEL: Thank you. Moving on to item E, public hearing. I'm going to open up
a public hearing with possible action regarding ordinance 2611, amending the zoning
ordinance, chapter 6 sign regulation, section 6.08 A, drive-through sign, increase the
allowed size of the signs.
So I've opened the public hearing.
Rachael?
GOODWIN: Thank you, Mayor. I'll turn this directly over to Director Wesley to walk us
through tonight's -- the details of the ordinance.
WESLEY: Mayor, Council, good to be with you this evening. I'll try to keep this quick.
It's a fairly simple topic, and you've had a long evening. So as stated, we're looking at a
potential change in Chapter 6 of the zoning ordinance, which deals with signs. Signs we
can regulate by time, place and manner provisions, but not by content.
As you're aware, there's a major update done of the sign code in 2021 to become
compliant with those requirements. When we did that, we did not make any changes in
terms of the size requirements related to drive-through signs or the signs -- you have a
menu board as you go to a drive-through restaurant.
We've had some questions come up, concerns about -- our current regulations, that
they're a little bit restrictive. And so we've taken a look at that to see if there is a
possibility of making some changes. So here's the basics of our current regulations for
drive-through signs, with a basic description of where they can be and the parameters
that they can operate under.
The primary ones of concern or interest here are the limitation on 20 square feet and
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five feet in height. Looking around the valley, we see that others have larger sizes here
and we found these two specifically. It gets a little bit complicated since you can't
regulate based on type of sign. So communities do it differently. These two I could
identify as being directly comparable, and also just looking at general industry standards
for how big these boards typically are.
And so you see the different types there between the small, medium, and the large. So
with that information in mind, we went to the Planning and Zoning Commission and
discussed some options with them, and based on that discussion, its staff in the
Planning and Zoning Commission's recommendation that we increase from 20 square
feet to 30 square feet and from five feet of height to seven feet of height.
And these signs -- and so this gives you a kind of a relative comparison of the current 20
square foot, the 30 square foot.
So with that, Mayor, Council, any questions?
MAYOR FRIEDEL: Thank you.
MCMAHON: Who asked for this?
SKILLICORN: Sorry. Thank you, Mr. Mayor. Are -- we have a bunch of drive-through
businesses in town. Is everybody compliant with the current 20 square foot rule, or are
there some that are -- because they just seem normal to me?
WESLEY: Mayor. Councilmember. We did not go back out and measure what's there.
We've had the same regulation for many years. So my assumption is that they are all
compliant with the measurements.
SKILLICORN: And then, Mr. Mayor, Director Wesley, you mentioned that someone said
that we were a little small. Was that a business owner or what was the circumstance?
WESLEY: Mayor, Councilmembers, specifically, it's the Dairy Queen that's preparing to
come occupy. They're actually looking for something even a little bit larger than this.
But we can work with a 30 square feet.
SKILLICORN: Thank you. Thank you.
MAYOR FRIEDEL: Thank you for answering my question. I'm not for this at all. I think
that, you know, the signs for the Whopper and everything else they've worked so far --
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they seem to be fine. The Dairy Queen is going to be in a very small area and a very
small drive-through, and it's basically asking for a larger sign. I don't see the need for it.
I'm not for larger signs in this regard. Like I said, I think they're fine the way they are. So
I'm not for this.
SKILLICORN: Thank you, Mr. Mayor. Planning, zoning, it's already gone through. They
recommended 30 square feet. Was it unanimous?
WESLEY: Yes, it was unanimous.
SKILLICORN: So the Planning Zoning Commission unanimously said we should go to 30.
Yes. Okay. I'll make a motion to approve as drafted.
BENDER: I'll second it.
MAYOR FRIEDEL: All right. Before we get too far ahead here, do we have any other
comment cards, Town Clerk?
BENDER: No, Mayor.
MAYOR FRIEDEL: Okay. Thank you. Let me close the public hearing. And we have a
motion and a second. If there's no other, no other discussion, then we'll ask for a roll
call vote, please.
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Councilmember. Skillicorn.
SKILLICORN: Yes.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember McMahon.
MCMAHON: No.
BENDER: Councilmember Watts.
WATTS: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: And Mayor Freidel.
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MAYOR FRIEDEL: Aye.
BENDER: Mayor 7-0 [sic].
MAYOR FRIEDEL: 6-1.
BENDER: Oops. Sorry.
MAYOR FRIEDEL: That's okay. Thank you. We'll move on to item F, which is
consideration of possible action regarding professional services agreement July 2nd,
2020 with bio-janitorial services for town-wide janitorial services.
Rachael.
GOODWIN: Director Weldy is going to walk us through the details of this contract. But
in general, we have a high level of janitorial needs throughout all of our buildings and
facilities throughout town. So this is a highly competitive contract that went through
our RFP, process that is here for tonight for award.
Director.
WELDY: Thank you for the introduction, Mr. Mayor and Councilmembers. This is a long
process here that was done internally by the town staff through the release of a request
for proposals. 16 qualified vendors submitted for this, and the amount of paperwork for
each of us on the committee to go through and review it and look at pricing, and what
they're offering is challenging, to say the least.
I will -- hats off to the rest of the committee that sat on this because they waited for me
a little bit longer, because I had a lot of other things that I was working on. That said,
the -- town owns and is responsible for approximately 59,000 square feet of structures
that need to be properly cleaned and presentable to the people that they represent.
In order to accomplish that, we hire contractors to do that work. It seems like a lot of
money annually for that type of service, but if you do the math related to hiring the
people and maintaining the equipment necessary, especially the carpet cleaning
equipment, the cost goes up substantially.
This company has been vetted. They met all of the qualifications. We have sat and
discussed it internally numerous times as the contract was coming to an end, that we've
used for the last five years. This is the best bet for this community. Not only does it
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address the daily and nightly cleaning services, it also includes carpet cleaning for the
community center and town hall. And importantly, it includes porter service for our
special events at the community center, or if there's a big event at a park, or a trailhead,
we have the ability to address that up front. And when it reopens the following day, it's
ready to go. And that is the objective here.
It is a long, drawn-out, complicated review, and process, and contract. You'll note that
there is a very lengthy staff report designing this process or explaining this process, and
how we arrived at this tonight.
With that said, I will certainly do my best to answer any questions you may have related
to this agreement.
WATTS: I assume that the same scope of work was in this RFP that we used previously?
WELDY: Mr. Mayor, Councilmember, no. This scope of work was substantially more
work from lessons learned.
WATTS: Such as strip and clean vinyl, VCT type tiles, and so on. Did you just learn from
your past errors or oversights and then manage this RFP accordingly?
WELDY: I would hesitate to say errors, but oversight? Yes. And demand? Yes. And
porter services for special events? Definitely. We certainly did not make
accommodations for that in the last agreement or the last two agreements over ten
years. It has simply become more of a demand on what we're doing to meet the
standards that we've adopted, or that each individual facility owner or manager has
adopted.
WATTS: Thank you.
WELDY: You're welcome.
MAYOR FRIEDEL: I think -- Vice Mayor was next.
EARLE: I'd like to make a motion to approve. And you want to second it?
SKILLICORN: Second.
EARLE: Okay.
MAYOR FRIEDEL: Do we have any speaker cards?
BENDER: No, Mayor.
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MAYOR FRIEDEL: We don't. Okay. So we have a motion and a second.
Roll call, please.
SKILLICORN: Oh, I'm so sorry. May I ask a couple questions?
MAYOR FRIEDEL: Sure.
SKILLICORN: Okay. Thank you, Mr. Mayor and Director Weldy. And you know, looking
over it, it seems detailed. 16 bidders. Really appears that the RFP process worked. I
don't have any. I'm not skeptical. And frankly, for the breadth of work, the dollar
amount doesn't seem wholly inappropriate.
I am curious though, is there policies or are there certain -- you know, it sounds like
there's a lot of restrooms, right? Are there certain things that because the town allows
more of it, or the restrooms are open longer hours or certain parks that are worse than
others? So is there is there a certain -- either activities or locations where it's driving
more of the work?
WELDY: Mr. Mayor, Councilmember. So primarily, the community center is one of the
biggest customers that we have. And that's because of the nature. It's intended nature
is to be a welcoming center for all ages. And there are an uncountable number of
programs, and they are well attended.
And the second one after that is special events. The town sponsors special events, and
those special events generate an incredible amount of debris and require cleaning the
restroom facilities at Fountain Park or any one of the trailheads or the parks. If you walk
in there and there is a problem, I would be hard pressed to believe it's not already on
the list to be addressed, or it was simply overlooked, and they're working on it very
shortly.
I would argue that I would put our facilities up against any facility in this valley in
regards to cleanliness and the quality that we're expected.
SKILLICORN: And Mr. Mayor, directly, I don't think anyone was saying that it's not clean
or anything like that. I'm actually surprised that the community center is the biggest
driver. I would have thought some of the parks or someplace very active, you know,
outside would it be more of the, you know, the -- -- guilty party, basically. But and I just,
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you know, I'm just kind of curious because the staff can, you know, if there's certain
areas that are a problem or certain times of day that are problem, you know, there are
things we can do to adjust that, but I don't think this is inappropriate. It looks like it's
been very thorough.
I mean, even mentions not having slave labor for the Uyghurs. I mean, that's --pretty
thorough. So I'm happy to approve it. It's in there. There's a -- China policy in here.
MAYOR FRIEDEL: So we have a motion and a second.
Can we get a roll call, please?
BENDER: Councilmember Skillicorn.
SKILLICORN: Yes.
BENDER: Councilmember Watts.
WATTS: Yes.
BENDER: Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Vice Mayor Earle.
EARLE: Aye.
BENDER: And Mayor Friedel.
MAYOR FRIEDEL: Aye.
UNIDENTIFIED SPEAKER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you. And I think Justin's going to stay here for this one, too.
GOODWIN: Uh-huh.
EARLE: Where's he going?
GOODWIN: I think he has to get his correct paperwork.
MAYOR FRIEDEL: All right. Item G is consideration of possible action regarding the
purchase of a Ditch Witch, a vacuum excavator from the Charles Machine Works.
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Town Manager.
GOODWIN: That is correct. Justin wants to buy a Ditch Witch. Have you read the staff
report? And he'll probably cover this. We do have a smaller unit of the style that is just
not sufficient. So staff is looking to upgrade for better -- use in the town.
Justin, would you like to walk us through that?
WELDY: Yes. Thank you again for the introduction and the opportunity. I've stood in
front of this elected body at this location and others, and explained that in Public Works
and all the divisions in Public Works, we do not have any wants. Our policy is to address
needs.
We need to be more efficient with our -- what is in the professional industry referred to
as a soft dig. So this is not a mechanical backhoe or trenching device. It is rather a 600-
gallon trailer mounted vacuum cleaner with a four inch hose on it. This piece of
equipment is primarily used to excavate the areas for signs.
We have in excess of 8000 signs in this community. Some of them get knocked down.
Some of them are outdated and need to be replaced. The other use is for cleaning out
the small areas of drainage.
We clean -- go in and clean out that sediment. This is where typically you cannot get
mechanical equipment. It's equipped with a high pressure washer and we have the
option to also use compressed air. So the high pressure water essentially loosens the
material up and allows it to be vacuumed.
In areas where we're going to be working around electricity, we then oftentimes switch
to the high pressure air. It's the same function, but it eliminates the water. The town
manager spoke earlier that almost eight years ago we purchased a relatively small one
of these. It holds about 100 gallons, and we've certainly made it work. But with the
increased workload in parks and the additional stuff that the street department is doing,
the capacity is simply too small.
A good example, we did an audit of our water meters and our backflow preventers, and
we use this device to go and clean all of that material out. To clean out 15 or 20 of
those requires two or three trips back to what we refer to as the bus barn. This is an
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area where we place that material, allow it to dry, and then we utilize it at a later date
for other things.
If the Parks department is using it to excavate any of their irrigation or any of their
sprinkler heads, they also have to stop what they're doing and traverse the park, get
back out regardless of the location. Go and dump in. All of this takes a little bit of time
and is not as efficient as we would like to see.
The intent, with the Council's approval to purchase this tonight, for which we have
funding in the Public Works and Street Department, is Public Works would primarily use
this one, and the smaller one, which is self-contained and very efficient, would then be
primarily used by the Parks Department. So what we're asking for is the authority to
spend money on something that we need to be more efficient at what we do.
With that, I'll be happy to answer any questions that I can.
SKILLICORN: Thank you, Mr. Mayor and Director Weldy. In current situations, do we
just use the little one or do we rent a bigger one?
WELDY: Mayor, Councilmember. We have not been able to find one for rent. The
nature of this type of work, the filters and stuff, require a little bit of time and effort to
clean, and they don't really rent them out unless you're going to do it for a month or so.
SKILLICORN: Okay. And I distinctly, I thought, EPCOR -- I think they use a service. Like I
swear the guys that came out were not EPCOR employees that were using it, but
they're -- I mean, this is going to last a long time. The amortized cost is very low. I don't
see a reason to -- complain about it, so I'll make a motion to approve.
EARLE: Second.
MAYOR FRIEDEL: Councilman Watts.
WATTS: Justin, do we have a -- service technician that we service all this? It seems like
we're acquiring more and more equipment. Do we have technicians that are certified to
maintain this? Do we have to go back to the manufacturer for maintenance?
WELDY: Mr. Mayor, Councilmember, the general maintenance of changing filters and
cleaning it, oil, those types of things we'll do in-house. But anything after that will go
back to the manufacturer's representative.
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WATTS: Is it prudent to start thinking about having a technician that can work on all of
the different equipment that we're acquiring, and then get them certified so that they
can do the work instead of going back to third-party?
WELDY: Councilmember, we have had that discussion internally. We lost our -- I didn't
say we lost -- our fleet mechanic retired after 20 years, that took care of the fleet in
open space and everything else. It's kind of challenging to fill that position and we're
certainly still having those internal discussions. But for right now, we have several
people that are capable of doing a percentage of the work, and the balance of it goes off
to the manufacturer's representative.
WATTS: Thank you.
WELDY: You're welcome.
KALIVIANAKIS: So we had a motion. Did we get a second?
We did.
Okay. Can we get a roll call, please?
BENDER: Just for the record, we have no speakers.
Councilmember Larrabee.
LARRABEE: Aye.
BENDER: Councilmember McMahon.
MCMAHON: Aye.
BENDER: Councilmember Skillicorn.
SKILLICORN: Yes.
BENDER: Councilmember Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Councilmember Watts.
WATTS: Aye.
BENDER: Vice Mayor Earle.
BENDER: Aye.
MAYOR FRIEDEL: And Mayor Friedel.
MAYOR FRIEDEL: Aye.
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BENDER: Mayor, seven-zero.
MAYOR FRIEDEL: Thank you. Item H is consideration and possible action for the Arizona
Cities and Towns weekly legislative bulletin.
Does anybody have anything?
Go ahead.
SKILLICORN: Did I hit the wrong? Sorry. Thank you, Mr. Mayor. I mean, well, it sounds
like the legislature passed the budget. I haven't heard that the government -- governor
has signed it. But I believe they -- oh she did. They signed it today. So they have to do
it through the special session to come back. It sounds like there is some exciting things
that are passed. It was a really nice kind of last minute gift on Friday that a lot of things
passed and sounds like the governor signed a bunch of things, which is new.
So good. Moving forward, we --don't have to renew our taxes. Yay.
KALIVIANAKIS: Seeing nothing else, we'll move on to the call to the public.
Do we have any speaker cards, Town Clerk?
UNIDENTIFIED SPEAKER: Yes, Mayor. We do. We have eight; Tiana Torian, followed by
Patti Torian, followed by Linda Sommo, followed by Shelby Blecher.
T. Torian: Hello. Thank you for the opportunity to speak. My name is Tiana Torian
Wood. I've resided here for over 30 years.
With an election approaching, many residents are considering what our town needs
most. For many, the answer is simple, friendliness. That's what's missing from Fountain
Hills these days. As a town that depends on tourism, friendliness is our bread and
butter. Friendliness is economic success. Partisan politics are the antithesis of
friendliness and have no place in our local government.
Issues, such as naming civic spaces over controversial public figures, banning DEI
initiatives, making English our official town language, and other overtly partisan items
do not communicate friendliness. They do not communicate that this town is for
everyone, and they do not improve our lives as residents. And the problem extends
beyond policy.
When the press table is removed, when opportunities for public comment are
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restricted, and when disagreement is treated with contempt rather than respect, a
message is sent. Some voices matter more than others. That to be heard, a citizen
must first agree. That is not the kind of local government our community deserves.
Our elected officials, whoever they are, should listen to all residents and address the
issues that matter most to this town, rather than focusing on partisan politics and smear
campaigns against their opponents.
As a town, we could argue forever about who is to blame for this divisive environment.
But for me, this upcoming election isn't about who started it. It's about who's willing to
stop it. Thank you for your time.
MAYOR FRIEDEL: Next speaker.
P. TORIAN: Thank you. Good evening. My name is Patty Torian and I've lived here since
1985.
Okay. So with elections coming up, I would like to just express some concerns that I
have as a resident, of things -- changes that I've seen in this town that really concern
me. Over the last couple of years, I believe that many in this Council have succeeded in
turning what used to be a government focused on town business into a partisan, divisive
entity that has changed the spirit of our town.
Councilmembers who swore to govern the town in an impartial manner have instead
injected their own political and religious ideology into governance.
Cases in point, they strong-armed the community center into allowing a Republican
Party Christmas tree, despite the fact it's widely understood that Christmas is a
nonpolitical celebration. They attempted to pass a motion to rename the community
center to honor a polarizing figure who has no connection to our town.
They ended our contract and years of partnership with Republic Waste for a company
that has never that has never served a community of more than 5500. Their research
for Mr. Skillicorn included noting that unlike Republic, Universal Waste has no DEI or
human rights compliance policies which do not apparently align, according to him, with
our town values, which I find kind of surprising.
Impartial research should have focused solely on service provided, reliability, and
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financial soundness. We can only hope that the reduction of fees does not come with
poor service and unreliability. Regardless of strong community pushback, they are
talking about moving the Museum of Time out of its space. A cultural treasure of our
community, located ideally along the Dark Skies Discovery Center and the library.
They changed the campaign sign placement ordinance that limited areas where these
signs could be displayed to a free-for-all of signs littering our streets and allowing
bigoted, hateful signage.
Once again, guided by their political ideology, not by what the residents of this town
want representing us as people drive through our community. They have moved the
CTP to the end of meetings. Thank you for the four hours that we all had to endure.
This really shows where you put the importance of listening to us, just listening to our
thoughts and our concerns. You made us sit through this. Thank you for that. Okay?
They have removed the media desk because our local paper is not always in favor of
their policies. I hope this election, we will be electing a Council that returns to
nonpartisan management of our town, focusing on things that benefit all residents and
keep the toxic, divisive ideology that we see all around on the internet and people
associated with Councilmembers out of its governments. Thank you.
MAYOR FRIEDEL: Shelby?
BLECHER: I didn't see Linda here.
Good evening, Mr. Mayor. Town Council. Shelby Blecher, Fountain Hills resident.
A few people in town seem to have a problem with orange signs. They claim they are
vulgar, uncivil, and inappropriate to display on the streets of our wonderful town.
Coming from the battles of LA politics, I say that it's absolutely necessary to shock
people into reading and thinking about the message on these orange signs.
Frankly, I disagree with all the detractors and challenge them to put forth an
explanation for their opinions, to go along with their one-liners that they toss out on
Facebook.
But let's go a step further here. The crowd screaming for civility, says nothing about the
$18,327 that a Councilmember cost the town. Instead, instantly deflecting, to quote,
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how much did Gerry's personal lawsuit cost us, unquote. More false narratives in the
same post. Quote, Gerry used the actual town logo in a social media ad campaign,
unquote.
The post says nothing about how the candidates received a cease and desist order from
the Town Attorney, and only one refused to listen, costing the town $18,327. It wasn't
Mayor Friedel. He conformed to the order. More false narratives from a -- prolific
Facebook poster.
Quote, isn't it ironic that one of the main reasons we may not have to impose new taxes
in the arrival of Sprouts, with new housing for residents, something Gerry and his clan
voted against, unquote. For those uninformed, there was never a vote on bringing
Sprouts to town. The vote was on rezoning a parcel almost a half a mile away to allow
300-plus, mostly one-bedroom apartments to be built. Misleading comment? I think it
was.
The Councilmember herself goes to Facebook to requote what someone else said.
Avoiding the problem of making the direct quote herself. Quote, the credit for Sprouts
belongs to economic development director Amanda Jacobs, Sandra Development and
the four Councilmembers who had the vision to approve rezoning, unquote.
Rezoning what? Again, it wasn't for Sprouts. She continues to requote Jacobs, quote,
attracting Sprouts Farmers market would not have been possible without the Fountain
Hills Town Council approving zoning changes in 2004, unquote.
Personally, I feel this is more than just a bit twisted since there's no formal statement by
Sprouts affirming this. Could it be possible that Sprouts, who has a store in Scottsdale in
any second street, is simply overburdened at that location, and needed a second
location and chose Fountain Hills, not because of the 300-plus one bedroom
apartments, but because we have a higher median income shopper and this location
was their best choice?
The more you look into this, the clearer the manipulation becomes by the
Councilmember, who just cost the town $18,327. Thank you.
BENDER: The last four speakers are Leah Phillipe and Jonathan Phillipe, followed by
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Beth Culp and Jerry Butler.
L. PHILLIPE: Good evening.
KALIVIANAKIS: I've got a point of order. The clock started when she was walking up
here. I think we should give her a full three minutes.
BENDER: I'm so sorry.
MAYOR FRIEDEL: Go ahead.
KALIVIANAKIS: Are you going to address my point of order?
MAYOR FRIEDEL: It's not a valid point of order.
L. Phillipe: Good evening. My name is Leah Phillipe, and I recently turned 18. This year
I will be voting for the first time. When I was 11 years old, I started carrying around a
pocket Constitution because I wanted to understand how our country works, why every
voice matters. I have always loved learning about government, history, and the people
who dared to stand up for what they believed in. I am also a person with a disability.
Growing up has taught me that inclusion is more about -- it's more about -- sorry -- it's
about more than ramps or accommodations. It is about whether people feel seen,
respected, and welcomed in their own community.
Over the past few years, I have watched my little brother stand at this very podium and
speak with remarkable courage. He came here to share his ideas because he believed
his voice mattered. Watching adults attack his character rather than respond to his
ideas was heartbreaking. It reminded me that young people pay attention, not just to
what adults say, but to how they treat others.
I have learned that a community's character is not measured when we -- when everyone
agrees, it is measured by how we treat one another when we disagree. As I prepare to
cast my first vote, my hope is simple, that every young person in Fountain Hills is safe to
participate, ask questions, share their views without fear of personal attacks.
I hope that my -- that the example my generation inherits is one of respect, kindness,
and the belief that every person deserves to be heard.
Thank you very much. Thank you.
[CROSS-TALK]
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MAYOR FRIEDEL: That's enough.
J. PHILLIPE: Good Evening, Mayor and Council. My name is Jonathan David Philippe,
and it's been a little while since I've spoken before you. I've been busy finishing my sixth
straight honor roll semester and completing an early entry engineering college course.
School has been my priority, and I'm proud of what I've accomplished.
I also stepped back from speaking for a while because something happened that I wasn't
prepared for. Instead of simply disagreeing with my ideas, some adults publicly
attacked my character, my family, and questioned my abilities without ever even
speaking to me.
As a 13-year old, that was difficult to understand. Tonight, I'm not here to debate
publicly. I'm here to ask something much simpler. Please remember that every meeting
and political action teaches the next generation what leadership looks like.
On the July 4th, I'll turn 14. In just four years, I'll be able to vote. My older sister just
turned 18, and she'll be -- and she'll be voting just for the first time. Watching our
community has shown both of us that participating in democracy matters.
Growing up in Fountain Hills, I learned that this is a community where character counts.
We were taught that respect isn't something we show only when we agree with -- only
with what we agree with. It's something we show everyone and everything. The
Lubavitcher Rebbe taught in a time of increasing darkness, we must increase the light.
Tonight I'm asking you to be that light. Not because we all have to agree, but because
every meeting teaches my generation what leadership looks like.
Please -- let what we learn from you be respect, character, and courage. Thank you for
your time.
CULP: I just have to say that I think that was the most remarkable series of disrespectful
events I've ever seen in a town Council meeting. You know, all these people are waiting
here to speak. Councilmember Skillicorn is allowed to speak for 15 minutes about his
adventures on e-bikes while we wait.
Meanwhile, Councilmember Kalivianakis, Councilmember McMahon, if they ever speak
more than two minutes on any topic, they get the gavel. On top of that, we have two
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young people coming up here, and I watched Mayor as you started the clock as they
approached.
30 seconds had elapsed by the time one woman -- the young woman, got up here. 20
seconds elapsed by the time the young man got up there. When -- Councilmember
Kalivianakis called a point of order, you shut her down with a gavel. And the second
time you shut her down with the sharpest gavel I've heard. And I've heard some sharp
ones in this dais -- from this dais.
I want to talk now about the fact that it's apparent that the majority on this town
Council does not care what 40 percent of the people in this town think about, the
People that aren't interested in culture wars, the People that want to know answers
about why Republic Services was terminated. And when Councilmember Kalivianakis
tried to go into that, she was shut down just like she shut down tonight.
This is wrong. We see what's happening. We see that whenever we speak, you take
time from us. You find excuses to shut us down. Shelby Blecher stands up there and
personally attacks Councilmember Kalivianakis, when that is not allowed by the rules of
procedure that this town Council enacted. But it's okay when they do it. But if I do it, if
I criticize Jennifer Wright, I'll get gaveled. I will get gaveled.
You have to start equally enforcing the rules, Mayor. We see you. We see the lack of
transparency. We see the 25 executive sessions. When you said you didn't foresee any,
when Councilmember Watts said he was going to bring them, bring some kind of
resolution forward that would limit executive sessions to personnel matters.
This has got to change. It can't go on. Since you've had five on the majority, every time
there is a contested vote, the same pattern is followed.
Councilmember Skillicorn invokes the call of the question. He suspends the rules. That
should be an extraordinary measure. You allow him to do it and you all support him in
doing that to shut down discussion. You've done it on every single controversial point
for one reason and one reason only. So we can't hear from the people who represent
us and we're tired of it.
MAYOR FRIEDEL: Now, I will respond to you, since you did call me out personally. Most
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of these e-sessions that we're dealing with are because of some of the nonsense that
you created personally.
CULP: May I respond?
MAYOR FRIEDEL: No, you may not. And secondly, -- the interruptions by Councilwoman
Kalivianakis are not going to be tolerated. If that lady who was disabled needed more
time, I was prepared to give her the time. She does not need to interrupt the meeting
to do that.
Next speaker please.
BUTLER: I see five seconds have already elapsed since I tried to walk up here. I'm 86
years old. I would hope you'd give me a little bit more time.
MAYOR FRIEDEL: We'll give you five seconds. We'll give you ten if you need it.
BUTLER: Thank you. My name is Jerry Butler. I've not been here in a long time. I'm
Fountain Hills property owner. 27-year full time resident.
For the last 25 years, I've been a community volunteer doing many things to advance
this community. My background is civil engineering and as you might assume, my most
recent volunteer commitment has been for the Citizens Advisory Streets Committee.
That was made up of 12 nonpartisan residents with a combined experience of 250 years
addressing the needs of our streets.
Tonight, I'm here to talk about streets on two fronts, one to express my disappointment
for canceling the street workshop that was scheduled for earlier today, and to commend
our town staff for the work they did in preparing for that workshop.
Now, regarding the workshop itself and the presentation that was , or available, as a
member of the Streets Committee, I spent 20 months exploring all aspects of the
network and based on my engineering background, I want everyone here and watching
to know that our town staff did an amazing job preparing for the workshop. The
information that was ready to be presented was very thorough and to the staff, thank
you.
Regarding the second point, my disappointment. After three years of silence since the
Streets Committee filed its report, I was looking forward to today's workshop and must
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ask why was it canceled and when will it be rescheduled? The reason for these two
questions is our streets, which happen to be the community's largest asset, are
deteriorating at a rapid rate.
When the committee filed its report, I want to quote, it stated without significant
additional revenues, street -- the street network maintenance levels cannot be
achieved, which means streets will continue to deteriorate, creating failing conditions
from which the town cannot possibly recover.
Unfortunately, that statement is correct. Even though many millions of dollars have
been injected into the street network in the last three years, it's not enough. Case in
point is, three years ago, our backlog for poor and very poor streets represented 5.4
percent of the network. Today, it's nearly double, at 10.4 percent.
Four years ago, Mr. Skillicorn, you had a Roads First program that promised to find
needed streets -- needed street funds from the existing revenues. How's that gone?
Are you proud of what's been accomplished?
To Mayor Friedel, based on your financial background, where do you foresee finding
more revenues to fix our streets?
In closing, why was the workshop canceled and when will it be rescheduled? Time is of
the essence. Our streets continue to deteriorate daily. They are nonpartisan. Thank
you.
MAYOR FRIEDEL: I'll answer your question. I think we're going to try and bring -- that
back soon. Yeah. Yeah. It's not an agenda item, but we will bring it back.
Vice Mayor, did you have something?
EARLE: Are we ready to ask for something to be future agenda items? Is that next?
MAYOR FRIEDEL: Is that the last speaker?
BENDER: Yes.
MAYOR FRIEDEL: Okay. Thank you.
MAYOR FRIEDEL: Next is comments for the town manager.
SKILLICORN: Because he brought it up.
EARLE: I'd like to do it now.
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MAYOR FRIEDEL: Do we have any comments for the town manager?
EARLE: I do.
MAYOR FRIEDEL: You do? Okay.
EARLE: I did have one prepared already, so I did. I would like to request that the street
repair research work session be rescheduled as soon as possible. And -- because staff
has been preparing for this session and was anticipating the summer to continue that
work. So I'd like to get to it and look for it forward to what -- the work you've done.
Thank you.
MAYOR FRIEDEL: Anything else for the Town Manager?
We'll move on to future agenda items. Anybody have anything?
Can I get a motion to adjourn?
Oh. Go ahead.
KALIVIANAKIS: Thank you. Yes. As far as a future agenda item is concerned, I share Mr.
Butler's concern. Without any explanation given to me whatsoever, the workshop was
pulled today. When we're talking about fixing the roads, we better talk about how
we're going to fix the roads.
So I would like to call tonight on the first Town Council meeting after the break, to either
put the workshop back in order on the first day, or to make this an agenda item for
discussion only, so we can talk about how to fix the roads in a practical sense.
Can I get a second?
EARLE: Second, second.
KALIVIANAKIS: Can I get a third? We're just talking about the roads.
EARLE: You already have it.
LARRABEE: Point of information. Wasn't that already requested?
MAYOR FRIEDEL: Yes it was. It was already requested.
LARRABEE: Okay.
MAYOR FRIEDEL: Can I get a motion?
KALIVIANAKIS: So moved.
MAYOR FRIEDEL: Second?
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EARLE: Second.
MAYOR FRIEDEL: All in favor?
ALL: Aye.
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Having no further business, Mayor Gerry M. Friedel adjourned the Regular Session of
the Fountain Hills Town Council held on June 16, 2026, at 9:35 p.m.
APPROVED:
____________________________________
GERRY FREIDEL, 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,
TOWN OF FOUNTAIN HILLS, ARIZONA HELD ON JUNE 16, 2026. I FURTHER CERTIFY
THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS
PRESENT.
_______________________________
BEVELYN J. BENDER, TOWN CLERK
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TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL SESSION
OF THE FOUNTAIN HILLS TOWN COUNCIL
June 30, 2026
A Special Meeting of the Fountain Hills Town Council was convened at 5:30 p.m.
Members Present: Mayor Gerry M. Friedel: Vice Mayor Gayle Earle;
Councilmember Rick Watts; Councilmember Peggy McMahon; Councilmember
Brenda J. Kalivianakis; Councilmember Allen Skillicorn
Councilmember Hannah Larrabee attended by telephone conference call.
Staff Present: Deputy Town Manager David Trimble; Town Attorney Jennifer J.
Wright; Deputy Town Clerk Angela Padgett-Espiritu
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Post-Production File
Town of Fountain Hills
Town Council Special Meeting Minutes
June 30, 2026
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.
* * * * *
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MAYOR FRIEDEL: I'd like to call this meeting to order. Would you please rise for the
Pledge of Allegiance?
[Pledge of Allegiance]
MAYOR FRIEDEL: I'm going to add something to the agenda today. I'm going to do a
special moment of silence. One of our business owners passed away today, Jill Keefe
from Good Living Greens passed away today after some health issues. So feel -- if you
choose to remain standing, we'll take a moment of silence in her honor.
Thank you.
Town clerk, can I get a roll call, please?
ESPIRITU: Mayor Friedel?
MAYOR FRIEDEL: Present.
ESPIRITU: Vice Mayor Earle?
EARLE: Present.
ESPIRITU: Council Member Skillicorn?
SKILLICORN: Here.
ESPIRITU: Council Member Kalivianakis?
KALIVIANAKIS: Here.
ESPIRITU: Council Member Watts?
WATTS: Present.
ESPIRITU: Council Member Larrabee?
LARRABEE: Here.
ESPIRITU: Council Member McMahon?
MCMAHON: Here.
ESPIRITU: We have a quorum.
MAYOR FRIEDEL: Thank you.
We'll move on to our consent agenda. Can I get a motion?
MCMAHON: Motion to approve consent agenda as is.
MAYOR FRIEDEL: Thank you.
UNIDENTIFIED SPEAKER: Second.
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MAYOR FRIEDEL: We have a motion and a second.
Can I get a roll call, please, town clerk?
ESPIRITU: Council Member Larrabee?
LARRABEE: Aye.
ESPIRITU: Council Member McMahon.
MCMAHON: Aye.
ESPIRITU: Council Member Watts?
WATTS: Aye. Council Member Skillicorn?
SKILLICORN: Yes.
S3: Council Member Kalivianakis?
KALIVIANAKIS: Aye.
ESPIRITU: Vice Mayor Earle?
EARLE: Aye.
ESPIRITU: Mayor Friedel?
MAYOR FRIEDEL: Aye.
ESPIRITU: Motion passes seven to zero.
MAYOR FRIEDEL: Thank you.
We'll move on to our special session regular agenda, and I'm going to call on our Deputy
Town Manager, Dave Trimble, with information relating to a resolution for a lease on
the museum. Dave?
TRIMBLE: Yep. So we'll have Amanda Jacobs, our Economic Development Director,
come on up and walk us through this.
JACOBS: Good evening, Mr. Mayor, members of council. Tonight we're here to talk
about a proposed lease between the town and the museum. Before I get started, as we
all know, unfortunately, there has been a lot of misinformation surrounding this, and I
want to remind everyone that a lease is a legal document. It's a business document and
is not political.
All right. Background. So currently we've got a 25-year lease between the town and the
museum. Rent has been a dollar a month. In total, the town's collected $25.
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Initially, the town provided $210,000. And then the town currently also pays for
maintenance, utilities, and janitorial services. ,
As we began to look at renewing the lease, we had to look at town requirements. And
then there's two things: We need to evaluate for compliance with state law and highest
and best use of the town facility.
And then additionally, the Arizona gift clause. So there's two common questions, and
one everybody's in agreement with; is there a clear purpose? Yes. The museum
provides a clear purpose. But the gift clause in the Arizona Constitution does not say
"or" it says "and". Is the town receiving a fair market value? This got brought up back in
November of 2023 through a council budget workshop. And I do want to thank Council
Member Kalivianakis because she brought up back then that the town needed to err in
caution because of the gift clause. So I appreciate her wisdom. And our then town
attorney, Aaron Arneson (ph.), agreed. We didn't have all the information that, again,
agreed with the clear public purpose, but we needed to understand the fair market
value.
So you'll see several slides hereafter. You'll see we started this way back in September.
I'm not going to go through every milestone, but back in November, the town manager
and I did meet with the former executive director to just let her know that we needed to
start getting together. We needed to start collecting information on financials, visitor
data. As again, we look to analyze the lease.
At that time, it was requested if the town could provide additional financial support, and
we did say we could not do that in addition to what we were already providing.
So through November all the way to January, we were collecting data based on the data
we received, and then we're going to skip over -- we had a council executive session.
You'll see that there's been several.
So again, we do not negotiate contracts in public. It is an executive session. I will
provide a friendly reminder that although we're showing the dates, that again, we
cannot divulge what has happened in there. But again, in December, the staff received
direction to move forward with not renewing the lease based off of the data. That was
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shared with the former now board president and executive director by the town
manager and me on January 26th.
Immediately following on February 3rd, I had a meeting with the River of Time Museum
president, as well as the director -- former director -- and they provided a letter which
was shared to council where they requested a one-year lease, and a short-term funding
plan, which we asked what does that look like for you? Tell me more, which was not
given.
We're going to fast-forward again.
So on February 24th, we had a public council retreat seeking council direction on how to
move forward. You can see in the February 24th council meetings, it's about page 128,
if you don't want to do all the work, but Mayor Friedel, Council Member Kalivianakis,
and Council Member McMahon were the three that said to pursue with renewing a
lease for one year.
We only had six elected officials, not the full body, and unfortunately it was very split.
And then towards the end, it was Council Member Watts who recommended looking
towards a business plan.
And so as we concluded that retreat -- so again, it was looking for some consensus,
direction, we can't take action at a council retreat, we then concluded that and said
because it was very mixed from the body -- so again, the council body, not just one, can
make a decision, that staff would get back to the body and then also talk with the
museum.
So four business days later -- so you'll see March 3rd -- I had a brief meeting with our
town manager, Town Manager Goodwin, and said that I would be meeting -- so March
3rd, if you see attorney economic development director, but to meet with Attorney
Wright because I wanted to propose an Option 3.
And so again, with negotiations, negotiation doesn't happen at a council level. It is
operational.
Attorney Wright agreed with what I wanted to do, and about an hour or two later, I
presented Option 3 to the former board president and the current executive director.
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That was on March 3rd. While they did not receive the lease that is before you, and
that was included in the attachment, this was, essentially, what was proposed on March
3rd.
After that, we did receive a business plan, but there was never a response to the March
3rd Option 3. So helping to determine the public benefit and paying a thousand a
month. So what has happened all of a sudden?
So the new director reached out towards the end of May and wanted to meet.
Unfortunately, I was out of town visiting my nephew for his graduation. And then
subsequently the executive director was out of town. And so we met on June 11th. The
director did not let me know what we were meeting about; one could assume it was the
lease, but we blocked an hour. And so Jane and I actually spent three-and-a-half hours
together, coming from a place of understanding of what the museum needed, what the
town needed, but negotiating and understanding that both sides may not get exactly
what we wanted, but to operate in good faith.
Following that three-and-a-half hour meeting, I then had a meeting with our town clerk
and town manager. And so internally, we all knew that today there was going to be a
special meeting. That was not made public, but it was on the council agenda.
And so for the public benefit, originally, this was supposed to be a Zoom meeting at 1
p.m. for the license for Quik Burrito.
So again, it is our job as staff to be professional, to be forward-thinking, since this was
already on the calendar. It was then looking forward and asking one, the town manager
and the town attorney if we could do this, which is part of the Council Rules Of
Procedures. They have the authority to add items to the agenda in case the public did
not know that.
So you'll see, typically, this would happen in 30 or 60 days. But on Sunday, June 14th,
the town finally received a response to our letter dated back from April 28th, wanting
again to move forward. And again, based off of Jane's professionalism, her already
instituting free admission days and demonstrating the public benefit, myself as well as
Attorney Wright worked around the clock with Jane to, essentially, bring you to a lease.
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So some considerations -- again, making sure that we're complying with the law -- is
there's a current lease in place that expires August 15th. So someone had indicated that
the lease had lapsed. That is not true. It has not. August 15th is the end of it. And so
again, we're wanting to make sure it doesn't lapse. And so the lease term will be ten-
and-a-half months. It'll be 1,000 a month. But because it's starting mid-October and
September we'll collect $1,500.
The public benefit is free admission days, free programing, and completion of a third-
party economic impact analysis. So for the public, the town has a partnership with the
Greater Phoenix Economic Council, that is the regional economic development
organization. And so they assist with this. So this is at no cost to the museum or any
additional cost to the town. It's approximately a two-page document that I will provide
to the director. She will input all of it. I will receive it. It is then forwarded to GPEC,
their third-party and their modeling, and we'll get back what that analysis is. And then
there's, of course, reporting requirements.
So both parties acknowledging that we need to have more meetings, understand visitor
data, and then seeing if the programing is growing.
On June 24th, and then as part of your package, you will see that the museum board of
directors approved the lease as drafted. It has Jane's signature. And so staff is
respectfully requesting that the council approve this as written, and that no changes are
made so we don't have to go to the drawing board, and then to give the stability that
the museum needs to continue growing their programs.
With that, Mr. Mayor, happy to answer any questions.
SKILLICORN: Thank you, Mr. Mayor and Director Jacobs. How many members does the
museum have?
JACOBS: Mr. Mayor, Council Member Skillicorn, I will have to defer that to the museum
director. I don't know, off the top of my head.
SKILLICORN: Okay. Is there a kind of a guess? Is it a dozen? Is it 100? Is it 1,000?
JACOBS: We will get back to you. It's not --
UNIDENTIFIED SPEAKER: It's about 600.
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JACOBS: 600.
SKILLICORN: That's a good amount. And Mr. Mayor, Director Jacobs, is there anyone
famous that we might know that's a member?
JACOBS: How do we define famous, Council Member Skillicorn? That I don't -- that I
don't know.
SKILLICORN: Nick Wenchell (ph.), maybe?
JACOBS: That's museum data.
SKILLICORN: Okay. And then Mr. Mayor, Director Jacobs, there was some talk about
hours being expanded. You know, what are the current hours and what were they
before?
JACOBS: So not an expansion, per se, but last summer, the museum did decide to be
closed. And so this year, they've made the decision to remain open; however, at
reduced hours. So it's three hours. And then typically, the regular hours are from 10 to
4, and so that will resume in September.
SKILLICORN: And Mr. Mayor, Director Jacobs, three hours a day or -- and then the
regular hours it was 10 to 4; so six hours?
JACOBS: That is correct.
SKILLICORN: And it's --
JACOBS: And it's not open --
SKILLICORN: -- seven days a week or --
JACOBS: It is not seven days a week.
UNIDENTIFIED SPEAKER: I'm looking to Jane.
PRZESLICA: (Indiscernible).
JACOBS: Okay. We will get -- yeah. So Jane, if you want you can come up if you feel
comfortable or -- yeah. So we'll get back to you, Council Member.
SKILLICORN: Okay.
MAYOR FRIEDEL: Anybody else have any questions?
All right. Do we have any comment cards?
ESPIRITU: Yes we do, Mayor. The town received one online comment with the position
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of four, and then we have three requests to speak this evening. So the first one up will
be Crystal Cavanaugh (ph.), followed by Larry Myers (ph.), followed by Shelby Blecker
(ph.).
CAVANAUGH: Good evening. Crystal Cavanaugh, Fountain Hills resident. I'll be very
brief.
I am for this type of a plan. I think when the community first heard that the lease was
coming to an end, but when we learned some of the details that it was a 25-year lease,
and yet there had been no plan to sustain it, and they just, what, thought the town was
going to cover it forever like that? So I don't think anyone was ever opposed to keeping
the museum going. I do know comments I have heard, you know, they were just
concerned about what's the process? What responsibility is the museum willing to do?
So I think this sounds really reasonable, and I don't have a problem with the town
continuing to cover those costs as long as the museum will take some responsibility and
raising their own money, too. Thank you.
MYERS: Mayor, Council, Larry Myers.
I just want to remind everybody, if you pay Arizona taxes you can get a tax credit for up
to, I think it's $1,375. And even though Arizona only charges five percent of your
federal, when you -- if you're collecting any dividends, those get taxed. So I've never
escaped a tax bill from the State of Arizona, and you can use that tax credit for any
number of things. I've used it for kids going to private schools and whatever. And I
think you want to save the museum, write a check, because there's got to be 50 people
in this town that are paying the State of Arizona $1,000, and it comes right off your tax
bill. So that's all I wanted to say. I wanted to remind everybody that that option is
there. And I hope our new directors and executive director sort of put a program
together and encourage people to do that, because it's really easy. Thanks.
BLECKER: Good evening, Mr. Mayor, Town Council. Shelby Blecker, Fountain Hills
resident.
I too am in favor of this extension of the lease. I went to the museum over the
weekend. I found it to be very informative and just a lot of fun to walk through there
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and learn more about our time.
But a recent letter regarding the River of Time Museum in the Times, it spins a political
narrative that ignores the legal reality and the local history to suggest that you, Mayor
and conservative council members are arsonists trying to run a local treasure out of
town is just not unfair; it's completely false.
The issue of the River of Time lease was never a lack of support by you or the
conservative Council Members. It was strictly a legal hurdle created by the Arizona
Constitution's gift clause, as Amanda has already said. And she already provided the
facts and some other pertinent information, so I won't repeat that. But I will repeat that
when the lease approached in August 26th expiration, it was town staff that exercising
mandatory fiscal responsibility notified the museum that continuing the dollar-a-year
lease without proper legal justification or a business plan would explicitly violate state
law.
The attorney, town staff ,and the council were bound by law to address this issue, not
by a sudden desire to hurt the museum.
Furthermore, the claim that the lease extension is a rabbit pulled out of a hat due to
election year backlash rewrites the actual timeline of events, another thing that Amanda
just presented tonight.
So Mayor Friedel and conservative leaders, I feel, have always valued the historical and
educational role of the River Time plays in the Lower Verde Valley. However, true
leadership requires balancing that appreciation with an oath to uphold and protect
taxpayers from constitutional violations.
This special session isn't gaslighting. It's responsible governance working exactly as it
should to find a legal bridge for a beloved community institution. Let's look at the actual
paperwork and timelines before we let election season rhetoric distort the facts. Thank
you.
SKILLICORN: Thank you, Mr. Mayor. So I have read a lot online and there's a lot of
misinformation out there. And unfortunately, this has become political, but this is like
the least political thing I think this council is going to do and the least controversial thing
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this council's going to do. I suspect that this is going to pass unanimously, and it's going
to be a nothing burger. And what I've seen online has been completely manufactured
and fake. So I'd like to make a motion to pass this as drafted.
UNIDENTIFIED SPEAKER: Second.
SKILLICORN: And I'd like to make a motion to call the question.
UNIDENTIFIED SPEAKER: Second.
MAYOR FRIEDEL: Since Councilman Watts was already cued in, I'm going to let him
speak. And then you can have your call the question.
UNIDENTIFIED SPEAKER: (Indiscernible). I think when you call the question, you have to
call the question. That's a misuse of call in the question, as usual.
MAYOR FRIEDEL: All right. Then, I'll make a motion that we amend the rule.
UNIDENTIFIED SPEAKER: Can we have a ruling on the town attorney?
MAYOR FRIEDEL: Town attorney, would you weigh in, please?
WRIGHT: So we -- since the call a question has been motioned and seconded, then we
need to do a roll call, vote on the call of question, and if it fails then you'd have the
discussion.
MAYOR FRIEDEL: Okay. Roll call, vote on the call of the question, please, town clerk?
ESPIRITU: Council Member Kalivianakis?
KALIVIANAKIS: Aye.
ESPIRITU: Council Member Watts?
WATTS: Nay.
ESPIRITU: Council Member Skillicorn?
SKILLICORN: Yes.
ESPIRITU: Council Member McMahon?
MCMAHON: Nay.
ESPIRITU: Council Member Larrabee?
LARRABEE: Aye.
ESPIRITU: Mayor -- Vice Mayor Earle?
EARLE: Nay.
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ESPIRITU: Mayor Friedel?
MAYOR FRIEDEL: Nay.
ESPIRITU: Okay. The motion is denied.
MAYOR FRIEDEL: Motion's denied. Okay. Councilman Watts, go ahead please.
WATTS: Thank you, Mayor. I want to take a little slightly different tact here, but I would
like to formally recognize and commend town staff for their extensive efforts in bringing
forward this lease agreement. In particular, I want to acknowledge our Economic
Development Director, Amanda Jacobs, who I'm pretty sure kept hours. So you can
probably tell me how many hours you got in this. As well as our town attorney, Jen
Wright, for their diligent and mostly behind-the-scenes work. In collaboration with the
River of Time Museum, their efforts have resulted in a practical, short-term solution that
provides the River of Time with a responsible and mutually agreed to path moving
forward.
I also believe it's important to address some of the public commentary surrounding this
matter. Certain criticisms have been levied without accompanying viable alternatives,
and in some instances appear to disregard established legal constraints. The Arizona
Supreme Court ruled in 2021, through a decision through Schires and Carlat, clearly
limits the types of arrangements that we are -- that we can previously -- that we had
previously utilized and that we can do today. The town is obligated to operate within
those legal parameters.
To be clear, the agreement is not a result of some external pressure, nor is it
attributable to commentary from individuals outside the formal process. It is not a
mission accomplished moment, but rather a measure and lawful step forward. This
outcome reflects the sustained professional efforts of the town staff, who have been
working on this issue several years with significant focus and urgency over the past 6 to
12 months to arrive at a compliant and workable solution. Thank you.
MAYOR FRIEDEL: Vice Mayor?
EARLE: Thank you, Mayor.
I'd like to take a moment to express my sincere appreciation for our town attorney,
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Jennifer Wright, and our Economic Development Director, Amanda Jacobs. This has
been an extraordinary, complex issue involving legal, financial, and policy
considerations. They have devoted countless hours researching, analyzing, negotiating,
and working towards a solution that gives the council the information needed to make
thoughtful decisions.
Public service is not always easy, especially when working through difficult and highly
emotional issues like this one. Whether every recommendation is popular or not, I
believe Jennifer and Amanda have approached this process with professionalism,
integrity, and a genuine commitment to serving the residents of Fountain Hills. I want
them both to know that their hard work has not gone unnoticed, and I sincerely thank
them for their dedication to our t own.
And Jennifer, I also want to personally thank you for your steady professionalism and
sound counsel. I know this has required an enormous amount of work, and I want you
to know that I truly appreciate your dedication to this town. Thank you.
WRIGHT: Thank you. Appreciate it.
This has been a long road, as everybody can see, by Amanda's time line, and it's
unfortunate that it has turned political, but I would like to thank the staff and Amanda
for staying with it, and also the museum and recognize the director for her teamwork as
well. Thank you for the hard work.
And also, I would like to say, given the political nature of this, that when council decides
to approve and ratify a contract and other projects, it's not one person that does it. It's
the full body of seven of us. So taking credit isn't appropriate, and we work as a whole
body here, whether we agree or not agree and vote accordingly. So I'd like to take it out
of the political arena in that regard. Thank you very much for all your hard work.
MAYOR FRIEDEL: I would also like to make a statement. I would like to recognize the
four bodies that really put all the work into this: Jane and her staff and her time,
Amanda Jacobs, the town staff, this council. Our legal representation was probably
undermined with the leaking of some information, which isn't appropriate. It turned
this into a political issue, which it shouldn't be. It's really more of a common sense
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issue. We did not want this museum to go away. And I think, Jane, you know that.
So a lot of hard work went into this. I appreciate everybody's efforts, and I hope we've
learned that executive session material stays in the executive session, and it doesn't get
leaked to any political party or any PAC or anything like that, because a lot of
misinformation has been floating around about this.
This meeting was scheduled to review a liquor license. We added the museum to this
agenda specifically because we had the meeting already set. This is town business. This
is how we'll conduct our town business. We will get the job done, we will get our
businesses taken care of, and we'll get the museum taken care of. So I want to clear up
any misconception that we added this meeting for political purposes. This meeting was
already established to take care of other town business. So I just felt that people need
to know the record on this.
So we're all for the museum. I'm a member and now a contributor to the museum as
well. So -- and I've been to the museum several times, and I've met with Jane a couple
of times. So we're all for the museum. This gives us the opportunity and a new
direction, new leadership. The winds of change are here for the museum and we
applaud that. So with that do we have a motion on the floor for this?
ESPIRITU: Yes, Mayor, we have --
MAYOR FRIEDEL: And we have a second?
ESPIRITU: Yes.
MAYOR FRIEDEL: Okay. Can we get a roll call vote, please.?
ESPIRITU: Council Member Skillicorn?
SKILLICORN: Yes.
ESPIRITU: Council Member Larrabee?
LARRABEE: Aye.
ESPIRITU: Council Member McMahon?
MCMAHON: Aye.
ESPIRITU: Council Member Kalivianakis?
KALIVIANAKIS: Aye.
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ESPIRITU: Council Member Watts?
WATTS: Aye.
ESPIRITU: Vice Mayor Earle?
EARLE: Aye.
ESPIRITU: Mayor Friedel?
MAYOR FRIEDEL: Aye.
ESPIRITU: Motion passes unanimous.
MAYOR FRIEDEL: Thank you. Thank you, Amanda.
JACOBS: Thank you.
And then just real quick, Mayor. In the event this was approved -- so again, a little
behind the curtain -- is we will sign a resolution, an agreement in advance. If the body
had decided to make -- to deny this, it would be stamped by our clerk's office and say
fail. But this is an executed agreement that has been signed by our town manager in
advance, the Mayor or madam clerk and our attorney. I will be handing this over to
Jane, and then we will be issuing a press release. So again, it's our duty to think a few
steps ahead operationally.
Thank you, Mayor and council for your kind words.
MAYOR FRIEDEL: Okay. We'll move on to regular agenda item B, which is discussion
and possible direction regarding staff direction to pursue possible solar energy projects.
And I'm going to ask Council Member Watts to lead us off.
WATTS: So a little bit of the back story. After we had the presentation by Veregy a
couple of weeks ago, I was still a proponent of solar, the saving of energy, the prudent
use of finances for the town. So I did a little digging and found that the normal payback
is something less than ten years. The return on investment from a financial standpoint
is somewhere in the area of nine percent, eight percent, something like that. So it's
viable. So I went out and I talked to a couple of different contractors and I confirmed
those numbers.
My request to put this on the agenda today was simply to get a consensus that we go to
an RFP. I don't have any skin in the game. I don't have any preferred contractors. What
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I'm looking at from the standpoint of how can we take advantage of the direct pay,
that's the investment tax credit that the municipality can get, that we use the finances
of the town to the town's benefit. We're currently getting about a four percent return.
We can get significantly more than that as an ROI on the investment. We can validate
the life expectancy of the equipment, factor in all the maintenance costs. So an RFP
made some sense to me, because we can craft the criteria for the solar around very
specific requirements. One of those would be making it plus fifty percent American
made.
And so many of the panels are made overseas. Germany is a big manufacturer. China.
Japan. But America has also got a big handle on the solar panels.
So looking at what we can do with our finances, looking at what we can do for the long
term, looking at the life expectancy of the solar panels and the degradation of output, it
made some sense. So I'm asking for support to see if we can't do an RFP.
Now, the RFP is simply that. It's a request from contractors who specialize in this, who
can assure performances, who can assure the investment tax credit, all of the different
things. And we have to stipulate that we want a payback that is, let's call it near ten
years or less. So that's what I'm looking for, and I'm hoping I can get some support from
the council.
MAYOR FRIEDEL: I would be for us investigating that. Anybody else have a thought on
that?
MCMAHON: Yes I do. This is not a reconsideration of the prior project. That project has
gone away and so has over a million dollars in savings. From what's been -- I spoke with
a couple of people about this, the staff, and understand it better that it's going to go out
for bid. And hopefully, we will be able to apply for the federal grant and get a portion of
that. We won't get all of it, but we'll get a portion of it hopefully.
I was disappointed that the last one didn't pass, but willing to look forward to the future
and see if a different project can eventually be placed before Council and we can take a
look at it and decide whether or not it is a good project for the town.
MAYOR FRIEDEL: Councilman?
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SKILLICORN: Thank you, Mr. Mayor.
I actually would not echo those comments because electricity is cheap. These panels
are expensive. I believe that the electricity cost for this campus was about $200,000 a
year. We would have to have a hundred percent of electricity being generated that we
use in this campus to get anywhere close to that ten-year payback. I do not find
plausible or realistic. Highly skeptical of that number. But that's still millions of dollars
that we have to outlay for something that's very inexpensive.
What would be the return on investment if we spent $2 million on economic
development? We might have a turnaround in 24 months. You know, what about other
things?
I mean, I understand -- again, I think this is driven because there's some people who
want to have some shaded parking, but shaded parking at this campus here isn't going
to drive retail sales. If we wanted to have shaded parking on the Avenue of the
Fountains that might get people to stay longer and spend more money. That may have
actual -- a real economic development component to it.
I also kind of wonder how much would a parking garage cost? You know what a parking
garage cost? $2 million. The town probably could use a parking garage during certain
special events, and that would be an economic development driver.
I still think that that this money would be better spent on economic development or
frankly, fixing our roads. If we do this, we're going to be another year behind on our
roads.
I just think that this is foolish, and electricity is very inexpensive. These panels are
expensive. And basically, we have to front all the money. It's just the opportunity cost
is bigger than $2 million. And as someone who is going to be a fiduciary and is going to
be responsible for how money is spent, I cannot say we're going to basically let our
roads get one more year down the path and spend $2 million on panels that aren't
needed and don't have a payback.
And I'll tell you what, when I drive down roads and I see big, giant covered solar parking
lots, it's always schools and governments, and it's because politicians are foolish with
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money.
MAYOR FRIEDEL: Counsel?
WATTS: If I can address Councilman Skillicorn?
So the preliminary numbers are right around a million one; a little bit over a little bit
over a million one. And with the incentive of thirty percent, it's closer to $800,000 is
what the out-of-pocket cost would be. The payback on it is at 10 years, with a life
expectancy of 25 years, it pays two-and-a-half million dollars back. So we'd become
positive two times what, and that's where the ROI comes back.
MCMAHON: I know, but isn't this just to give direction to the council and not talk about
the contract?
WATTS: It is. It is. These are preliminary --
MCMAHON: And I want to be careful about that.
WATTS: They are preliminary budgets that there's no -- that's the nature of running an
RFP is I had to have a basis to go forward. Because if I got the same numbers that we
got with the prior presentation, it didn't make any sense. But now, because I have
gotten verification from two different contractors as a budgetary number, and that's
what we always do when we start looking at projects, we look at what's the budgetary
constraints, can we make it work? Should it work? And so on. So $800,000 for two-
and-a-half million dollars over the life of it made some sense.
MAYOR FRIEDEL: And I would say, Allen, before I go to Councilwoman McMahon, this is
just investigation. We would have some time in it with the town staff, but we're not
signing a contract. We're not doing anything like that. I think it's worth checking into.
Councilwoman, go ahead.
MCMAHON: Thank you, because I wanted to clarify that as well, because I was
concerned that we were talking about contractual terms and things like that. And plus,
isn't it the staff's responsibility to do procurement, not necessarily council's?
And so as long as this is just basically to look forward into the future and investigate it,
you know, like Safeway and other private businesses have solar panels, et cetera, it's not
just government and schools. And so like I said, I'm willing to look forward to the future
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and relook at this and see if it's in the best interest of the town when it comes before
town and the budget we have and the money to spend.
WATTS: Okay. Okay. It's a short response. I just wholeheartedly agree that that's
exactly what it is. It's an investigatory can we achieve the numbers that we need to
achieve to make it a viable project for us without getting consensus to do that?
MAYOR FRIEDEL: Vice mayor?
EARLE: Thank you, Mayor.
I appreciate what everybody is saying up here. I also support energy savings for our
town. But staff has spent a lot of time, we've spent a lot of money already. And two
weeks ago learning all of that, it was voted down.
Some of the things that I learned talking to Paul didn't make me feel comfortable with
this. And I guess this is not the place to discuss that, but we would be asking them to
spend more time in this research, which I think we may find similar things as well. And
we've also asked staff to look into things for the roads, and then we stopped that. But
that's coming back. So I don't know how much time staff has that we're asking them to
look into other things that we maybe don't -- isn't so necessary at the moment. I know
roads have been a big priority. So I would prefer we put our energy into that right now.
So that's my input on it anyway.
MAYOR FRIEDEL: Brenda?
KALIVIANAKIS: Thank you, Mr. Mayor. And yeah, I'm split on this one because I
supported the project. I like the project. I like the savings down the road. But on the
other hand, I think the vice mayor and me may have the same notes because I
absolutely share your concerns about the staff time. Rachel said that she put in -- the
staff put in countless number of hours consulting experts about the rebate, about the
viability. We had one of the top energy producers of solar here giving a great
presentation. And I just have a feeling this is going to be like a Charlie Brown and Lucy
moment as we're going to tee this thing up again. We're going to get bids. We're going
to put the staff through a heck of a lot of work. And the concerns that we had last time
are still going to be dogging us the next time.
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And I won't go into all of them, but the panel cleaning, the insurance. Council Member
Skillicorn talked about antiquated equipment in 10 or 15 years. This will be stuff that's,
you know, not usable anymore. And the insurance problems with monsoons and that
kind of thing. All the things that were said last week are still going to be dogging us.
And so -- and then not only that, but we're going to do this because the federal rebate,
and with this delay that rebate is going to even be less and less obtainable. And so that
$1 million, which they all agreed was not going to be guaranteed. If we put this off for
months, put it through an RFP, it's going to be less likely that we get the offset.
And the last thing that they said was, could we take that money and just reinvest it
instead of putting it into solar projects? These are all things I listened to, too. And I'm
just afraid that even though in concept, I'm with Council Member Watts in looking into
this again, I'm still with Vice Mayor Earle that, you know, it seems like we're going to be
at the same place at the same meeting in the future and handling the same issues that
we already rejected.
MAYOR FRIEDEL: I'll make one comment and then we'll see if we have any comment
cards.
I think it's worth investigating. We've learned a lot from the last trip, so we probably
have some shortcuts and we've learned a lot, and we can take that knowledge and
move forward, probably at a much quicker pace and less time involved. And I think the
town staff is probably up to the project. So that's just my two cents on it. Do we have
any comment cards, town clerk?
ESPIRITU: Yes, Mayor. We do. The town received one online comment with a position
of four. And then we have two requests to speak: Crystal Cavanaugh and Larry Myers.
CAVANAUGH: I too, was torn on this topic. After that last meeting, it made a lot of
sense to vote no on it because of the costs. And I guess part of me is still at that spot. It
kind of reminds me of when there was a big roundabout study that wanted to be done
under a different administration that was going to be 4- or $500,000, but for a project
that in the end we really weren't going to be able to afford.
So at this point in time, I'm wondering, we were on a pathway. We have lake liner, we
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have a lot of roads, and then suddenly we're kind of taking this fork, and I don't know
that I can get behind it. I'm not really strong one way or the other, but I am leaning
more towards the last comments here, because I just feel like we have more priorities at
this time. I mean, eventually there may need to be a road bond, for example. And so
it's a lot harder sell to get people to get on board with the road bond if you're going off
in this other direction for solar. And so that's really where I'm at right now. Thanks.
ESPIRITU: Okay. Mayor, speaker, Larry Myers, has declined to speak.
MAYOR FRIEDEL: Okay. Thank you.
Hannah, do you have anything to say?
LARRABEE: Thank you, Mayor. I don't have too much to add. I agree with the
comments that I believe that the money that we would be setting aside for a project like
this could be used better in different areas. If the council majority wants to hear
further, I'm open to it; however, personally, I'm a no.
MAYOR FRIEDEL: So you've got your direction?
WATTS: Looks like I heard four no's ,even though we didn't vote. It seemed like that
was the sentiment and the consensus.
MAYOR FRIEDEL: Okay. All right. So be it.
Councilman, did you have something you wanted -- oh, Councilman Skillicorn?
SKILLICORN: I was just going to make a friendly motion to adjourn.
MAYOR FRIEDEL: Do we have a second?
WATTS: Second.
MAYOR FRIEDEL: All in favor?
UNIDENTIFIED SPEAKER: Aye.
MAYOR FRIEDEL: Thank you. We're adjourned.
Meeting Packet Page 191 of 296
TOWN OF FOUNTAIN HILLS
JUNE 30, 2026 TOWN COUNCIL SPECIAL MEETING MINUTES
Page 22 of 22
Having no further business, Mayor Gerry M. Friedel adjourned the Special Session of the
Fountain Hills Town Council held on June 30, 2026, at 6:14 p.m.
APPROVED:
____________________________________
GERRY FREIDEL, 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 SPECIAL TOWN COUNCIL MEETING OF THE TOWN COUNCIL,
TOWN OF FOUNTAIN HILLS, ARIZONA HELD ON JUNE 30, 2026. 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 192 of 296
ITEM 8.b.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Town Clerk
Prepared by: Angela Espiritu, Deputy Town Clerk
Staff Contact Information: Phone: 480-816-5116
Email: aespiritu@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Approving the minutes of the Eagle
Mountain Community Facilities District Board Meeting of June 2, 2026.
Staff Summary (background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion
and action that took place at the meeting for archival purposes. Approved minutes are placed
on the town's website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends Approving the Minutes of the Eagle Mountain Community Facilities
District Board Meeting of June 2, 2026, as presented.
Suggested Motion
MOVE TO APPROVE the Minutes of the Eagle Mountain Community Facilities District
Board Meeting of June 2, 2026, as presented.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. 2026.0602.EMCFD.MINUTES
Meeting Packet Page 193 of 296
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR BOARD MEETING
OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT
JUNE 2, 2026
A Regular Meeting of the Fountain Hills Eagle Mountain Community Facilities District
Board was convened at 16705 E. Avenue of the Fountains in open and public session
at 5:15 p.m.
Members Present: Board Chairman Gerry Friedel; Board Vice Chairman Gayle Earle;
Board Member Brenda Kalivianakis; Board Member Rick Watts; Board Member Peggy
McMahon; Board Member Allen Skillicorn
Board Member Hannah Larrabee attended by telephone conference call
Staff Present: District Manager Rachael Goodwin; District Attorney Jennifer J. Wright;
District Clerk Bevelyn J. Bender
Meeting Packet Page 194 of 296
TOWN OF FOUNTAIN HILLS
JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 1 of 12
Post-Production File
Town of Fountain Hills
Eagle Mountain Community Facilities District Meeting Minutes
June 2, 2026
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 195 of 296
TOWN OF FOUNTAIN HILLS
JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 2 of 12
BENDER: Board Member Skillicorn.
SKILLICORN: Here.
BENDER: Board Member Kalivianakis.
KALIVIANAKIS: Here.
BENDER: Board Member Watts.
WATTS: Here.
BENDER: Board Member Larrabee.
I had -- she's not online yet.
And Board Member McMahon.
MCMAHON: Here.
BENDER: Chairman, you have a quorum.
CHAIRMAN FRIEDEL: Thank you. So we are going to be having consideration and
possible action regarding the minutes of the Eagle Mountain Maintenance District Board
meeting of June 3rd. Are there any comment cards, Clerk?
BENDER: No, Chairman.
CHAIRMAN FRIEDEL: Thank you.
Is there any Board discussion?
Can I get a motion for approval?
EARLE: So moved.
MCMAHON: Second.
CHAIRMAN FRIEDEL: We have a motion and a second.
Can we get a roll call vote, please?
BENDER: Board Member McMahon.
MCMAHON: Aye.
BENDER: Board Member Watts.
WATTS: Aye.
BENDER: Board Member Skillicorn.
SKILLICORN: Yes.
BENDER: Board Member Kalivianakis.
Meeting Packet Page 196 of 296
TOWN OF FOUNTAIN HILLS
JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 3 of 12
KALIVIANAKIS: Aye.
BENDER: Vice Chair Earle.
EARLE: Aye.
BENDER: Chairman Friedel.
CHAIRMAN FRIEDEL: Aye.
BENDER: Board Member Larrabee.
Chairman, six-zero.
CHAIRMAN FRIEDEL: Thank you.
And then the second item we have is consideration of possible action regarding
resolution EMCFD2026-01, dissolving the Eagle Mountain Facilities District.
Rachael.
GOODWIN: Thank you, Chairman.
Our CFO, Paul Soldinger, is going to walk us through the -- the conversation and the
details behind the dissolving of this facilities district, if the Board so chooses.
With that, I'll hand it over to you, Paul.
SOLDINGER: All right. Great. Thank you. Good evening. Chairman and Board of the
Eagle Mountain Community Facilities District.
So this District is a special taxing district that has been in place and formed in 1995,
basically to fund the -- and finance the infrastructure in the Eagle Mountain
neighborhood.
All the debt was fully paid off in 2021, and the District has been inactive for five years
now. So under statute, the Board is now able to consider closure or dissolution of the
District. We actually have Zach Sakas, our Special Districts Council from Greenberg
Traurig here to answer any specific questions you might have.
But we have about $200 in the fund that will be transferred to the Town if approved.
Also, the Town Council has a similar agenda item from the Town's perspective. We
placed it on the consent agenda just simply because we're already talking about it here.
Happy to talk about, if need be at that point.
But one thing to consider is two years ago, when all the Qasimyar liability issues
Meeting Packet Page 197 of 296
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JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 4 of 12
happened at the County level. As a reminder, that is a potential liability related to the
County that was sued by -- Maricopa County was sued by a taxpayer. And what they
found in the litigation was that some taxpayers overpaid their property taxes.
So the Town had a liability. Eagle Mountain did. The Town paid it off. Eagle Mountain,
the District had never paid that 47,000 approximate liability off.
Well, we don't know if the liability still exists or not. The County has not communicated
anything to us. We tried to reach out as-- Zach actually reached out. Did not receive a
response. The County already paid the taxpayers back.
But the key point in this discussion is if you dissolve the District today and the Town also
approves to dissolve it under statute, the Town would take on any liabilities of the
District. So if the County ever does try to seek that repayment or reimbursement from
the District, it would then go to the Town. At this point, we don't know if there's a
liability, but I want to make it clear that there is the possibility of a liability in the future.
So with that, that's all I have for you tonight, and I'd be happy to answer any questions.
WATTS: Paul, is there something similar to a statute of limitations on that liability?
SOLDINGER: Could you answer that question? Yes, if you could.
SAKAS: Chairman. Board. Zach Sakas, Special District, Council to the District. At this
point, we're not aware of what the -- the limitation would be. We'll come back to the
Council after some additional research on that.
But our general understanding is the County paid the taxpayers back under the
Qasimyar litigation and its enforcement procedures related to recouping those funds
from the different political subdivisions are no longer ongoing.
CHAIRMAN FRIEDEL: So would it be your recommendation, without a specific timeline,
that we keep this open until we had a definitive answer on the statute of limitations,
where we no longer have that liability?
SAKAS: I think that's at the -- the District Board's discretion, whether the -- the amount
or the potential liability that could transfer over to the Town is material to -- to wait on
dissolving the District.
WATTS: Paul, can I go back to you and say, what's your opinion?
Meeting Packet Page 198 of 296
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JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 5 of 12
SOLDINGER: This is a really tough one. I think at this point, my opinion -- it's hard to
put your opinion out in the public purview for something like this because it's kind of
unclear. It's unknown.
We've done our best to reach out to the County, and they've already paid off the
taxpayers. And to be completely honest, $47,000 to Maricopa County is a -- it's
completely immaterial. So it's very possible they wrote it off and just never notified us.
And actually, at one point, they -- they told us that they were writing it off, and then
they, after further discussion, that wasn't the case.
So the problem with keeping it open is we continue to have to allocate staff time to
have these meetings. The Board would have to meet each year. We'd have to approve
a budget. We'd have to pay for public posting notices, which can range about 300 to
$500 a year for a district that has no further need to be in existence.
So I hesitate, but my recommendation would be to close it just because it doesn't seem
like the County is coming for that liability at this point.
WATTS: Thank you.
MCMAHON: Paul, didn't we discuss this before about, you know, resolving dissolution,
so to speak? And that is what -- eventually we were aiming to do?
SOLDINGER: Yes. Chair, Chairman, and Board Member. We talked about it. So at the
time -- we talked about a few times, we brought up two years ago when it first
happened, and at the time, we had existing fund balance in the Town's coffers in a prior
debt issuance to pay it off from the Town's perspective, but we did not have the money
from the district's perspective to do that. And so we -- I think we basically decided or
recommended to hold off and see what happened. And -- and there was the chance
that the County was going to forgive it because they did it for -- for example, I believe
Rio Verde water district or fire district, they did a similar action.
And the whole -- the whole key to that conversation was any existing special taxing
district. So not the Town, a special taxing districts like this one that was not continuing
to levy property taxes. So it had no continuing taxing authority because there was no
debt. So we fit that criteria perfectly for some reason. The County changed its mind in
Meeting Packet Page 199 of 296
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JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 6 of 12
that conversation. And so that's why we're here today.
MCMAHON: So we could dissolve it. Right? I mean, there -- there's really no purpose.
I'm going to go out on a limb and say, really no purpose for it. Then it's served its
purpose.
SOLDINGER: Board Member, yes, it served its purpose. But to the other -- the other
Board Members' point, if we kept it open -- the confusing thing about this is, as a special
taxing district, it's legally separate from the Town.
MCMAHON: Uh-huh.
SOLDINGER: So it's shielding the Town from any liabilities. If you dissolve it, the Town
would take on a possible liability. The problem is, it seems like there is no liability, but
you just never know. With the County, they could change their mind and come back to
try to seek that repayment.
MCMAHON: Okay. So maybe what -- before even like moving to dissolve it or anything,
look at the-- if there's an applicable statute of limitations and then come back. And if
there isn't or there is, then look at what the options might be at that time when we do
more research on it.
SOLDINGER: We make that happen by the next meeting? Or will we have to have a
special meeting? Called the District Board again?
Okay. That would be an option. Board Member we'd have to probably call a special
meeting sometime in the summer to make that, because we're required to pass a
budget, we just wouldn't be following the statutory requirements to pass the budget
and things like that. So we'd be out of compliance with statute if we didn't kind of move
on this quickly.
MCMAHON: Okay. So then what would the best motion, or given what the discussion
has been this evening? What is -- what is the best motion or what we're going to do
with this tonight?
SOLDINGER: I would say it's a really hard one.
MCMAHON: I know.
SOLDINGER: I would -- my recommendation would be to close it, because it seems like
Meeting Packet Page 200 of 296
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JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 7 of 12
the County has forgotten about this, and we're just not going to keep seeking that
answer from them. They haven't responded. They don't provide that information.
They've already repaid the taxpayers. There's no reason for us to at this point. It could
happen. It's like a --
MCMAHON: Yeah.
SOLDINGER: -- it's a possibility kind of thing.
MCMAHON: Right.
SOLDINGER: So my recommendation would be to close it, but it isn't --
MCMAHON: To hold it or to dissolve it?
SOLDINGER: To dissolve it --
MCMAHON: Okay.
SOLDINGER: -- is my recommendation, yes.
MCMAHON: Okay. I'm for that. I'm good with that. I'll make a motion to dissolve it.
SKILLICORN: Thank you, Mr. Chairman. Well, $300 in newspaper posting fees is a lot
lower than $47,000. I'm inclined to table it until we know more. You know, I'm kind of
curious if discussion, though, you know, what other people's opinions are. And you
know, maybe we can debate this and help make a decision before we make any other
motions.
CHAIRMAN FRIEDEL: Yes, ma'am.
EARLE: My well, I'd like to second the motion of Peggy to go ahead and dissolve it.
That's my take.
CHAIRMAN FRIEDEL: Councilmember Watts.
WATTS: I think -- I think I'd like to support Councilmember Skillicorn's idea about
tabling, because $300 a year, $500 a year, is significantly less than $47,000 in liability.
And I would ask to pursue a letter of determination from the State -- from the Maricopa
County. So we had something concrete that said we were either relieved of liability or it
remains and we are not. But I think without knowing that, we're it's -- it's a lot worse
than a toss-up. I wouldn't toss a coin for $47,000. So I would support Councilman
Skillicorn's suggestion to table.
Meeting Packet Page 201 of 296
TOWN OF FOUNTAIN HILLS
JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 8 of 12
KALIVIANAKIS: Thank you, Mr. Mayor. Yeah, I think the liabilities, they're negligible to
nonexistent, and I would be willing to go with the staff's suggestion that we go ahead
and dissolve it. I don't see this thing coming back. It's antiquated. It's been forgotten.
It's just -- it's just a housekeeping issue to me. If we had a consent agenda, I'd put it on
the consent agenda, but yeah, I'm for the Councilmember Earl and McMahon's motion
to -- let's -- let's get rid of it.
GOODWIN: Paul, I just have a question.
Actually, it may be for you, Zach, because I know we have you here tonight, so your
expertise is helpful. Thank you.
If the Board chose to leave this open and -- indefinitely until -- and the County came
back and said, yep, we want our $47,000, is there a way for the Town to levy that then
to -- to the Eagle Mountain CFD? I mean, would we be able to collect that money from
them, or would the Town -- is there a mechanism to get that funding, or are we going to
have to absorb that anyhow?
SAKAS: Chairman, Board, responsive to the District manager's question, the -- this
District never levied a property tax to pay operation and maintenance expenses for the
District. There are abilities to levy charges, fees, other things to property owners within
the District. It would not be a property tax, but there could be a potential way to levy
that, or not levy because it's not a tax, but to charge fees of some sort, or rates to
property owners within the District --
GOODWIN: Okay.
SAKAS: -- to repay that.
GOODWIN: To cover that liability.
SAKAS: If -- if the District is existing.
GOODWIN: Gotcha. Okay. Just wanted to make sure that we weren't going to --
SAKAS: Yeah.
GOODWIN: -- essentially take that on one way or the other.
SAKAS: The -- the ability, the -- the trick we ran into, as Paul mentioned, was the
property taxes were turned off because there was no longer debt outstanding, and the
Meeting Packet Page 202 of 296
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JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 9 of 12
only statutory authority to levy those property taxes was inherently connected to the
debt. So we could not turn property taxes of any sort back on to -- to pay the potential
amounts on the -- from the Qasimyar litigation.
GOODWIN: Okay. But there is a fee mechanism that we could use, or some other
charge?
SAKAS: Potentially. Well, I don't want to use the word assessment because in the CFD
assessments there's -- it's a specific lien on lots. And it wouldn't be that situation either.
GOODWIN: Okay. Thank you.
SKILLICORN: Thank you, Mr. Chairman. I would be curious of the mechanism to collect
that. Because I'm not excited about the rest of the Town paying out $47,000. I mean,
how would -- how would Eagle Mountain reimburse the Town for that?
SOLDINGER: So Chairperson, Board Member Skillicorn, it would be if -- if the District is
dissolved today, it would become a potential liability of the Town. So the Town would
be responsible if the County came seeking that reimbursement. Right now, we have
about 28 or $29,000 still existing in that debt fund that we use to pay off the previous
liability. So the Council would have to -- or under the Town Manager's authority would
have to authorize payment, probably from the general fund or another unrestricted
fund, to pay -- pay off that debt.
SKILLICORN: Mr. Mayor, CFO, but what is the mechanism that Eagle Mountain would
pay back the Town?
SAKAS: Chairman, Board. To the extent the District was dissolved, there would be no
mechanism. But if the District was left intact with action of the District Board and likely
some public input from property owners within the District, the District could levy
charges, fees, other things for district services, which could include the amount
potentially owed to the County.
MCMAHON: So you're saying that they could levy against the County, but and then Paul
saying we have a certain amount of funds that if something like this came up, we could
use that as a negotiating factor if there was any liability imposed on the Town. And
that's a big if.
Meeting Packet Page 203 of 296
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JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 10 of 12
SOLDINGER: So I keep forgetting the terms. Board Member. If dissolved, then the
Town would be responsible. That's when I was discussing the different funds the Town
could pay.
MCMAHON: Right.
SOLDINGER: But our special District Council was discussing was if it was left intact, there
could be a mechanism where it would be a -- not an assessment, but a fee basically
charged to the homeowners or the landowners within the District in the Eagle Mountain
neighborhood to -- to pay off that debt.
MCMAHON: Okay.
SOLDINGER: Am I saying that correctly, or --
MCMAHON: But you've been saying this has been sitting here for a while and it's
remote. It seems like it would be a remote, if that even happened.
SOLDINGER: It we've -- we've done our best to seek that information.
MCMAHON: Right.
SOLDINGER: We've gotten no response.
MCMAHON: Yeah.
SOLDINGER: And I think that's the challenge, you know, attorney to attorney
communications with no response. So that's we could with the option of tabling on --
on the Board, if that were to be something the Board wants to consider. We could try
to seek stronger, you know --
MCMAHON: Uh-huh.
SOLDINGER: -- with stronger means to get that information and we can do some things.
But and we could bring it back to the Board if that's the way that the Board would like us
to go.
MCMAHON: Okay. Thanks. All right.
EARLE: Second.
CHAIRMAN FRIEDEL: Any other discussion?
EARLE: How about Hannah?
CHAIRMAN FRIEDEL: Hannah, do you have anything you want to add?
Meeting Packet Page 204 of 296
TOWN OF FOUNTAIN HILLS
JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 11 of 12
LARRABEE: No, Mayor. Thank you.
CHAIRMAN FRIEDEL: So we have a motion and a second.
Are there any comment cards, Town Clerk?
BENDER: No, Chairman.
CHAIRMAN FRIEDEL: Can we get a roll call vote, please?
BENDER: Board Member Skillicorn.
SKILLICORN: No.
BENDER: Board Member Larrabee.
LARRABEE: Aye.
BENDER: Board Member McMahon.
MCMAHON: Aye.
BENDER: Board Member Kalivianakis.
KALIVIANAKIS: Aye.
BENDER: Board Member Watts.
WATTS: Nay.
BENDER: Vice Chair Earle.
EARLE: Aye.
BENDER: And Chair Friedel.
CHAIRMAN FRIEDEL: Aye.
BENDER: Chairman, five-two.
CHAIRMAN FRIEDEL: Thank you.
Can I get a motion to adjourn this special meeting?
KALIVIANAKIS: Motion to adjourn special meeting.
CHAIRMAN FRIEDEL: And we need a second.
EARLE: Second.
Meeting Packet Page 205 of 296
TOWN OF FOUNTAIN HILLS
JUNE 2, 2026 EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING MINUTES
Page 12 of 12
Having no further business, Chairman Gerry Friedel adjourned the Regular
Session of the Eagle Mountain Community Facilities District Board held on June
2, 2026, at 5:34 p.m.
APPROVED:
____________________________________
GERRY FRIEDEL, CHAIRMAN
ATTEST:
____________________________________
BEVELYN J. BENDER, DISTRICK CLERK
CERTIFICATION
I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF
THE MINUTES OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT MEETING OF
THE BOARD, TOWN OF FOUNTAIN HILLS, ARIZONA, HELD ON JUNE 2, 2026. I FURTHER
CERTIFY THAT THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS
PRESENT.
________________________________
BEVELYN J. BENDER, DISTRICT CLERK
Meeting Packet Page 206 of 296
ITEM 8.c.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Administration / Economic Development & Tourism
Prepared by: Amanda Jacobs, Economic Development Director
Staff Contact Information: Phone: 480-816-5104
Email: ajacobs@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-20,
accepting Gila River Indian Community Grant Funding on behalf of the Fountain Hills
Unified School District.
Staff Summary (background)
Proposition 202 (Gaming Compact with the State of Arizona) was a ballot measure passed by
the Arizona voters in the 2002 state general election and codified in ARS 5-601.02. This
legislation allows for distribution of funds to cities, towns, and counties for their programs
from Arizona Indian Tribes for government services that benefit the general public, including
public safety, mitigation of the impacts of gaming, and the promotion of commerce and
economic development. The Gaming Compact permits the Nation to allocate 12% of fees it
pays to the State to cities, towns and counties in the State of Arizona. Many non-profit
organizations also request Proposition 202 funding as "pass through dollars" from cities,
towns, and counties to support programs within their communities. Since the legislation
required funds to be solicited by a municipality or county, the Town Council approved
Resolution 2025-26, which adopted the Town's policy and procedures relating to the
Proposition 202 application process for the procurement of funds on behalf of various entities
(i.e. as a pass through for funds).
The Gila River Indian Community has awarded the Fountain Hills Unified School District
(FHUSD) $50,000 for the Native American Cultural Center and Club. The Town will serve as
the "pass through" in accordance with Prop 202 and the administration of the grant will be the
sole responsibility of the FHUSD.
Related Ordinance, Policy or Guiding Principle
2022 Town of Fountain Hills Strategic Plan Priorities: Targeted Collaborative Economic
Development and Promote the Long-Term Financial Sustainability of Town Infrastructure,
Environmental and Social Resources; Section 12 of the Gaming Compact 2002 and A.R.S. 5-
601.02; Fountain Hills Resolution 2025-26
Risk Analysis
If the resolution is not approved, the Fountain Hills Unified School District will not receive
$50,000 for the Native American Cultural Center and Club.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
Suggested Motion
Meeting Packet Page 207 of 296
MOVE TO APPROVE Resolution 2026-20, accepting Gila River Indian Community Grant
Funding on behalf of the Fountain Hills Unified School District.
FISCAL IMPACT
Fiscal Impact: $50,000 as a pass through only.
Budget Reference: Special Revenue Fund
Funding Source: Gila River Community Grant Cycle 2026
ATTACHMENTS
1. Resolution 2026-20 Gila River Grant Program - FHUSD
Meeting Packet Page 208 of 296
RESOLUTION NO. 2026-20
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, PROVIDING “PASS THROUGH” SUPPORT
FOR THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT FOR GILA RIVER
GRANT FUNDING
WHEREAS, the Town of Fountain Hills, being a qualifying entity, acts as a “Pass Through” agency
for the Fountain Hills Unified School District by accepting any dispersed funds intended for the
Fountain Hills Unified School District from the Gila River Grants Review Committee and in
accordance with the terms and conditions of said grant.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. The recital above is hereby incorporated as if fully set forth herein.
SECTION 2. The Town hereby authorizes the acceptance of funds.
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
authorized and directed to cause the execution of the grant funding and to take all steps necessary
to carry out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,
this 1st day of September 2026.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Mayor Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Town Manager Town Attorney
Meeting Packet Page 209 of 296
ITEM 8.d.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Multi-Departmental
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)
CONSIDERATION AND POSSIBLE ACTION: Approving a Budget Authority Transfer
from Capital Projects Fund contingency into the budget for the Fountain Park Ramada
Replacement Project.
Staff Summary (background)
The Town Council previously authorized a total of $520,000 for the replacement of ramada
structures at Fountain Park, including $320,000 in FY2026 and $200,000 in FY2027.
Following a competitive procurement process, the Town selected Richmond Construction &
Infrastructure as the contractor. The contractor completed demolition work during FY2026,
for which the Town paid $141,376. However, less construction work was completed in
FY2026 than originally anticipated, resulting in a larger portion of the project carrying into
FY2027.
Approximately $375,000 in remaining contract work is now anticipated during FY2027. The
FY2027 Adopted Budget currently includes only $200,000 in budget authority for the project.
Staff is therefore requesting Council approval to transfer $175,000 in budget authority from
the Capital Projects Fund contingency to the Fountain Park Ramada Replacement Project.
This request does not increase the total project funding previously approved by Council.
Rather, it reallocates budget authority between fiscal years to reflect the revised construction
schedule and ensure sufficient FY2027 authority is available to complete the project and
make final payments to the contractor.
The total project cost the previously approved $520,000.
Related Ordinance, Policy or Guiding Principle
Town Budgetary and Financial Policies
Risk Analysis
Without approving the budget authority transfer, staff will be unable to pay the Contractor the
full amount owed under the bid award and contract amount.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of budget authority transfer of $175,000 from the Capital Projects
Fund contingency into the Project.
Suggested Motion
Meeting Packet Page 210 of 296
MOVE TO APPROVE Budget Authority Transfer of $175,000 from Capital Projects Fund
contingency into the budget for the Fountain Park Ramada Replacement Project
FISCAL IMPACT
Fiscal Impact: $175,000 (already authorized in previous Fiscal Year)
Budget Reference: FY2027 Adopted Budget
Funding Source: Capital Projects Fund
ATTACHMENTS
1. budget transfer
Meeting Packet Page 211 of 296
TOWN OF FOUNTAIN HILLS
BUDGET AMENDMENTS JOURNAL ENTRY PROOF
Report generated: 08/19/2026 10:29
User: BBogdan
Program ID: bgamdent
Page 1
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR
YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2027 03 2 09/01/2026 CIP COUNCIL BUA CIP XFRS 1 1
1 CIPPR 8070 P3067 PARK & REC CAP PROJECTS PARK IMPROVEMENTS 200,000.00 175,000.00 375,000.00
600-50-50-502-000-1602-8070-P3067 FROM CIP CONTINGENCY 09/01/2026
2 CIPAD 7010 CAPITAL PROJECTS ADMIN CONTINGENCY 1,321,000.00 -175,000.00 1,146,000.00
600-10-10-105-000-0106-7010- TO P3067-FP RAMADAS 09/01/2026
3 CIPPR 8070 P3060 PARK & REC CAP PROJECTS PARK IMPROVEMENTS 1,400,000.00 25,000.00 1,425,000.00
600-50-50-502-000-1602-8070-P3060 FROM CIP CONTINGENCY 09/01/2026
4 CIPAD 7010 CAPITAL PROJECTS ADMIN CONTINGENCY 1,321,000.00 -25,000.00 1,296,000.00
600-10-10-105-000-0106-7010- TO P3060-SKYVIEW 09/01/2026
** JOURNAL TOTAL 0.00
Meeting Packet Page 212 of 296
TOWN OF FOUNTAIN HILLS
BUDGET AMENDMENT JOURNAL ENTRY PROOF
Report generated: 08/19/2026 10:29
User: BBogdan
Program ID: bgamdent
Page 2
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT
EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC
2027 3 2
BUA CIPPR-8070-P3067 PARK IMPROVEMENTS 5 175,000.00
09/01/2026 CIP XFRS CIP COUNCIL T FROM CIP CONTINGENCY
BUA CIPAD-7010 CONTINGENCY 5 175,000.00
09/01/2026 CIP XFRS CIP COUNCIL T TO P3067-FP RAMADAS
BUA CIPPR-8070-P3060 PARK IMPROVEMENTS 5 25,000.00
09/01/2026 CIP XFRS CIP COUNCIL T FROM CIP CONTINGENCY
BUA CIPAD-7010 CONTINGENCY 5 25,000.00
09/01/2026 CIP XFRS CIP COUNCIL T TO P3060-SKYVIEW
JOURNAL 2027/03/2 TOTAL .00 .00
Meeting Packet Page 213 of 296
ITEM 8.e.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Multi-Departmental
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)
CONSIDERATION AND POSSIBLE ACTION: Approving a Budget Authority Transfer
from Capital Projects Fund contingency into the budget for the construction of Skyview Park.
Staff Summary (background)
The Town Council authorized $1.4 million in the FY2027 Adopted Budget for construction of
Skyview Park, a new stargazing park located at Bainbridge Avenue and Golden Eagle
Boulevard. Following a competitive procurement process, staff selected AR Mays
Construction as the contractor, with a total contract amount of $1.4 million, including an
owner’s allowance for unforeseen construction costs. The FY2027 Capital Improvement Plan
identifies the Parks Development Impact Fee Fund as the funding source for the project.
Construction is expected to begin in the coming months. Since the Parks Superintendent, who
was responsible for overseeing the project, recently left Town employment, the Community
Services Director is requesting an additional $25,000 in budget authority to retain J2
Engineering and Environmental Design LLC (J2 Design) to provide construction
administration and project management services throughout construction.
Given the recent staff transition, retaining J2 Design will provide continuity and additional
oversight to help ensure the project is completed in accordance with the approved scope,
contract requirements, and Town expectations. Construction administration services will also
help support quality control, coordination, schedule management, and resident safety
throughout the project.
With Council approval, staff will transfer $25,000 in budget authority from the Capital
Projects Fund contingency to the Skyview Park project budget within the same fund.
Sufficient contingency and fund balance are available to accommodate the requested transfer.
Related Ordinance, Policy or Guiding Principle
Town Budgetary and Financial Policies
Risk Analysis
Without approving the budget authority transfer, staff will be unable ensure all construction
administration steps will be carried out during the construction of Skyview Park, in
accordance with the Contractor's winning proposal and the original design of the Project.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of a budget authority transfer of $25,000 from the Capital
Meeting Packet Page 214 of 296
Projects Fund contingency into the Project.
Suggested Motion
MOVE TO APPROVE Budget Authority Transfer of $25,000 from Capital Projects Fund
contingency into the budget for the construction of Skyview Park.
FISCAL IMPACT
Fiscal Impact: $25,000
Budget Reference: FY2027 Adopted Budget
Funding Source: Parks Development Impact Fees Fund (Capital Improvement Plan approved in
FY2027 Adopted Budget)
ATTACHMENTS
1. J2 Design - Skyview Park - Post Design Proposal
2. budget transfer
Meeting Packet Page 215 of 296
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
February 20, 2026 – V1
Kevin Snipes
Community Services Director
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
ksnipes@fountainhillsaz.gov
Re: Town of Fountain Hills – Skyview Park
Dear Mr. Snipes
J2 Engineering and Environmental Design LLC (J2 Design) is pleased to continue providing professional design
assistance during the Construction of Skyview Park.
Our estimated Not to Exceed design fee for this project is as follows (see attached fee sheets for breakdown):
Post Design – Construction Administration
J2 Design Fee: $ 16,058.07
Wright Engineering Fee: $ 5,140.00
RKC Fee: $ 2,000.00
Total Fee Including J2 Design & Sub-Consultants: $ 23,198.07
Thank you for selecting the J2 Team; we are excited to begin work on this project and to continue our
outstanding working relationship with the Town of Fountain Hills. Please do not hesitate to call with any
questions that you may have.
Sincerely,
Adam Hawkins, PLA, ASLA | Project Landscape Architect
J2 Engineering and Environmental Design, LLC
ahawkins@j2design.us - Cell Phone 623.694.6134
Meeting Packet Page 216 of 296
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
Town of Fountain Hills | Skyview Park
J2 Scope of Services | Post Design Construction Administration
Task 100 – Construction Administration
J2 will attend the construction kick-off meeting.
J2 will respond to contractor Requests for Information (RFI)
J2’s will review shop drawings and submittals. It is assumed that each submittal/shop drawing will have no
more than two (2) reviews for each submittal package. This equates to an initial review of the submittal/shop
drawing and a second review after any requested corrections or updates have been made.
J2 will accompany the town (if attendance is desired) and the contractor and visit local nurseries (local is
defined as within 75 miles of the project site). The Contractor will have previously secured and tagged the
plant materials that are in conformance with the project plans and specifications for the project that are to be
reviewed on this visit. This visit will allow the J2 Design Team and the town the opportunity to review the plant
material that has been secured for the project prior to delivery of the plants to the project. It will also allow an
opportunity to accept and or reject the proposed plants based on observations of the size, health, and vigor of
the plants at the nursery prior to delivery to the site and potentially select and tag any proposed replacements
for the rejected plant materials. J2 will provide an observation report of the nursery visit to the Town
J2 will attend up to eight (8) construction meetings as requested by the Town. It is assumed that the Town’s
construction manager or contractor will be providing all agendas, sign-ins, and minutes and J2 has not
included these in this scope of services.
J2 will provide one (1) initial review of contractor prepared and provided as-built plans and operation and
maintenance (O&M) manuals. J2 will comment on both the as-builts and O&M manuals and provide back to
the contractor for revisions. J2 will provide one (1) final review of as-builts and O&M manuals to verify if all
deficiencies noted in initial review have been adequately addressed.
Deliverables:
• RFI responses
• Submittal/Shop drawing Reviews
• Nursery Observation Report(s)
• As-builts and O&M review comments
Meeting Packet Page 217 of 296
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
Meetings:
• Construction Kick-off - One (1) meeting. This meeting is anticipated to be three (3) hours in duration
inclusive of travel. J2 will have one (1) representative at this meeting.
• Construction Meetings-Eight (8) meetings. Each meeting is anticipated to be three (3) hours in
duration inclusive of travel. J2 will have one (1) representative at this meeting.
• Nursery Site Visit- One (1) Site Visit, this meeting is anticipated to be six (6) hours in duration inclusive
of travel time. J2 will have one (1) representative at this meeting.
Task 200 – Construction Phase Site Visits
J2 will attend a pre-final walk through and final walk through of the project. J2 will generate a punch list of
items, pertaining to the landscape and irrigation, for corrective action by the contractor after each walk
through.
Deliverables:
• Observation Reports (PDF)
• Punch Lists (PDF)
Meetings:
• Pre-final Walk through - One (1) meeting. This meeting is anticipated to be four (4) hours in duration
inclusive of travel. J2 will have two (2) representatives at this meeting.
• Final Walk through - One (1) meeting. This meeting is anticipated to be four (4) hours in duration
inclusive of travel. J2 will have two (2) representatives at this meeting.
Meeting Packet Page 218 of 296
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
Post Design General Understanding:
Limited post design services shall be performed by J2 Engineering and Environmental Design, LLC.
Construction administration and observations will be provided by J2 under the limits described above with the
intent of rendering a professional opinion regarding the quality of the completed construction strictly limited to
the landscape, hardscape, irrigation aspects of the project. This task should not be construed to warrant the
work of any contractor.
Each discipline will review and approve applicable shop drawings.
Any administrative, observation and inspection services provided by the Consultant Project Team are solely for
the purpose of rendering a professional opinion regarding apparent conformance to contract requirements.
Consultant does not warrant the work of any contractor. In accordance with generally accepted construction
practice, contractor shall be solely responsible for all job site conditions and safety of persons or property.
Any observations of the work completed are subject to the following: The observations shall be directly related
to the quality of the work performed so that such work is in accordance with the requirements of the
construction documents. The issuance of a punch list shall not be a representation that J2 has:
(1) Made exhaustive or continuous on-site observations to check the quality or quantity of the Work
(2) Reviewed construction means, methods, techniques, sequences for the Contractor’s own Work or
procedures
(3) Reviewed copies of requisitions received from Subcontractors and material suppliers and other data
requested by the owner to substantiate the Contractor’s right to payment or
(4) Ascertained, how or for what purpose, the Contractor has used money previously paid on account of
the Contract Sum.
J2 shall not have control over, or charge of, and shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection with the Work of
each of the Contractors, since these are solely the Contractor’s responsibility under the Contract for
Construction. J2 shall not be responsible for a Contractor’s failure to carry out the Work in accordance with the
respective Contract Documents. J2 shall not have control over, or charge of, acts or omissions of the
Contractors, Subcontractors, or their agents or employees, or any other persons performing portions of the
Work not directly employed by J2.
The Construction Administration and Observations portion of this Agreement is based upon the following
assumptions, which are assumed to be reasonable:
Meeting Packet Page 219 of 296
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
Maximum contract time of twelve (12) months for construction.
If this general understanding is not correct, or if the Town feels additional, field time is needed beyond this
Scope of Work; such services can be provided on an additional time and materials basis.
Meeting Packet Page 220 of 296
J2 Engineering and Environmental Design, LLC
4649 E. Cotton Gin Loop Suite B2
Phoenix, Arizona 85040
ph. 602.438.2221
The following tasks are NOT included in this scope of services:
1. J2 is not providing any permitting or permit fees.
2. J2 is not providing any material testing.
3. J2 is not providing any erosion control, SWPPP inspections.
4. J2 is not providing any Utility Potholing
5. J2 is not performing any pressure tests or irrigation coverage tests.
6. Field measurements of site work for payment applications and justification.
7. J2 is not providing Environmental Clearances and/or Studies or Reports or 404 permitting
8. Design revisions based on modified scope by Town or Value Engineering by Contractor are not
included and would need a contract modification.
9. J2 is not drafting or certifying contractor as-builts.
10. J2 is not providing any weekly construction meeting agendas, logs, or minutes.
11. J2 is not reviewing, approving, or certifying contractor pay applications.
We would expect to start our services after receipt of the Notice to Proceed. This exhibit represents the entire
understanding of the Scope of Services as set out herein and may only be modified in writing signed by both
parties.
Meeting Packet Page 221 of 296
Skyview Park | Town of Fountain Hills
Post Design - Construction Administration
J2 Engineering and Environmental Design, LLC
2/23/2026
Design
Manager
Project
Engineer Sr.
Project
Engineer
Engineer
Landscape
Architect Sr.
Landscape
Architect
Designer Sr. Designer
227.70$ 204.40$ 148.64$ 120.81$ 207.88$ 138.31$ 122.89$ 89.18$
Task #Hours Total
100
101 Submittal / Shop Drawings Review 4 12 12 28
102 Respond to contractor RFI"s 2 12 12 26
103 Construction Kick-Off Meeting (1 Field Meeting) 3 3
104 Construction Meetings (up to 8 Mtg's As Requested) 12 12 16 40
105 Nursery Site Visit (1 Meeting) 8 8
106 Asbuilt and O&M review 4 4 8
200
201 Pre-Final Walk Through and Punch List (1 Field Meeting) 6 6 12
202 Final Walk Through and Punch list (1 Field Meeting) 6 6 12
0 0 0 0 0 37 60 40 137
-$ -$ -$ -$ -$ 5,117.47$ 7,373.40$ 3,567.20$ 16,058.07$
Subconsultants: Fee Amount
RKC 2,000.00$ 23,198.07$
Wright Engineering 5,140.00$
Total Subconsultants: 7,140.00$
Allowances: Fee Amount
$0.00
Total Allowances: $0.00
Date
February 23, 2026
Aaron Allan, PLA, ASLA | Principal
J2 Hours per Labor Category:
J2 Fee per Labor Category:
Total Fee J2 Design and Subconsultants
J2 Engineering and Environmental Design, LLC
Labor Category:
Rate:
Task Description:
Construction Administration
Construction Phase Site Visits
Skyview Park - PD
2026.02.20 - Fee - Post Design - V1 1
Meeting Packet Page 222 of 296
TOWN OF FOUNTAIN HILLS
BUDGET AMENDMENTS JOURNAL ENTRY PROOF
Report generated: 08/19/2026 10:29
User: BBogdan
Program ID: bgamdent
Page 1
LN ORG OBJECT PROJ ORG DESCRIPTION ACCOUNT DESCRIPTION PREV BUDGET AMENDED
ACCOUNT LINE DESCRIPTION EFF DATE BUDGET CHANGE BUDGET ERR
YEAR-PER JOURNAL EFF-DATE REF 1 REF 2 SRC JNL-DESC ENTITY AMEND
2027 03 2 09/01/2026 CIP COUNCIL BUA CIP XFRS 1 1
1 CIPPR 8070 P3067 PARK & REC CAP PROJECTS PARK IMPROVEMENTS 200,000.00 175,000.00 375,000.00
600-50-50-502-000-1602-8070-P3067 FROM CIP CONTINGENCY 09/01/2026
2 CIPAD 7010 CAPITAL PROJECTS ADMIN CONTINGENCY 1,321,000.00 -175,000.00 1,146,000.00
600-10-10-105-000-0106-7010- TO P3067-FP RAMADAS 09/01/2026
3 CIPPR 8070 P3060 PARK & REC CAP PROJECTS PARK IMPROVEMENTS 1,400,000.00 25,000.00 1,425,000.00
600-50-50-502-000-1602-8070-P3060 FROM CIP CONTINGENCY 09/01/2026
4 CIPAD 7010 CAPITAL PROJECTS ADMIN CONTINGENCY 1,321,000.00 -25,000.00 1,296,000.00
600-10-10-105-000-0106-7010- TO P3060-SKYVIEW 09/01/2026
** JOURNAL TOTAL 0.00
Meeting Packet Page 223 of 296
TOWN OF FOUNTAIN HILLS
BUDGET AMENDMENT JOURNAL ENTRY PROOF
Report generated: 08/19/2026 10:29
User: BBogdan
Program ID: bgamdent
Page 2
CLERK: BBogdan
YEAR PER JNL
SRC ACCOUNT ACCOUNT DESC T OB DEBIT CREDIT
EFF DATE JNL DESC REF 1 REF 2 REF 3 LINE DESC
2027 3 2
BUA CIPPR-8070-P3067 PARK IMPROVEMENTS 5 175,000.00
09/01/2026 CIP XFRS CIP COUNCIL T FROM CIP CONTINGENCY
BUA CIPAD-7010 CONTINGENCY 5 175,000.00
09/01/2026 CIP XFRS CIP COUNCIL T TO P3067-FP RAMADAS
BUA CIPPR-8070-P3060 PARK IMPROVEMENTS 5 25,000.00
09/01/2026 CIP XFRS CIP COUNCIL T FROM CIP CONTINGENCY
BUA CIPAD-7010 CONTINGENCY 5 25,000.00
09/01/2026 CIP XFRS CIP COUNCIL T TO P3060-SKYVIEW
JOURNAL 2027/03/2 TOTAL .00 .00
Meeting Packet Page 224 of 296
ITEM 9.a.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
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: Related to FY26-27 Pavement
Management Selections and Funding
Staff Summary (background)
SUMMARY
The Public Works Streets Superintendent will present the proposed paving locations for
FY26-27, utilizing the remaining $3 million in available funding. These proposed projects are
separate from the streets previously presented to and approved by the Town Council in the
prior fiscal year, totaling approximately $3.4 million and currently underway.
The proposed FY26-27 projects were identified through the Town’s pavement management
process and are intended to address roadway conditions while supporting the Town’s long-
term strategy for maintaining and improving its street network.
BACKGROUND
The Town utilizes the Budget Optimization Street Selector (BOSS), a pavement management
software system, to assist in evaluating and prioritizing roadway improvements. BOSS
considers multiple factors, including pavement condition, traffic volumes, available funding,
and potential impacts to traffic flow, to develop a prioritized and cost-effective program for
pavement repairs and full roadway reconstruction.
As part of the FY26-27 planning process, the BOSS system was used to evaluate roadway
conditions and identify candidate streets for improvement. The resulting recommendations
provide a data-driven approach to allocating available funding and prioritizing streets that
require significant rehabilitation or reconstruction.
The Town Council has allocated $6.4 million for paving projects. This funding includes
approximately $3.4 million for streets approved in the prior fiscal year, which are currently
underway, and $3 million in remaining funding proposed for the FY26-27 paving program.
Proposed Full Reconstruction Projects
Based on the BOSS pavement management analysis and prioritization, the following 14 local
road segments are proposed for full reconstruction:
Manitou Drive — Inca Avenue to End
Kiowa Circle — Inca Avenue to End
Hawk Drive — Inca Avenue to Saguaro Boulevard
Meeting Packet Page 225 of 296
Walapai Circle — Inca Avenue to End
Parlin Drive — Inca Avenue to Malta Drive
Sirocco Drive — Inca Avenue to Parlin Drive
Cameron Court — Sirocco Drive to End
Trojan Court — Parlin Drive to End
Malta Drive — Rand Drive to Saguaro Boulevard
Middlecoff Drive — Kingstree Boulevard to End
Augusta Court — Jacklin Drive to End
Indian Wells Drive — Saguaro Boulevard to Saguaro Boulevard
Zaharis Drive — Indian Wells Drive to End
Barnes Drive — Indian Wells Drive to End
Related Ordinance, Policy or Guiding Principle
Pavement Management Best Practices
Risk Analysis
Failure to proceed with pavement management selections could result in failing roadways and
result in higher pricing.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends that the Town Council approve the projects for the reconstruction of the
fourteen (14) roads identified and selected by the BOSS program as presented by staff.
Suggested Motion
MOVE TO direct staff to proceed with the streets as identified.
FISCAL IMPACT
Fiscal Impact: $3,000,000
Budget Reference: Streets Fund
Funding Source: N/A
ATTACHMENTS
1. Combined Maps
2. FY27-Pavement-Treatment
Meeting Packet Page 226 of 296
= 250 LF
4,193 SY
= $44,6
PUBLIC WORKS
FY2027
FUTURE PAVEMENT
IMPROVEMENTS
NOTES:
MANITOU DR.
TREATMENT LEGEND
SLURRY SEAL
SURFACE TREATMENT
MILL & OVERLAY
FULL DEPTH RECONSTRUCTION
N
w ♦E
s
MAP NOT TO SCALE
PAVEMENT SELECTIONS,
APPROXIMATE QUANTITIES AND
APPROXIMATE PRICING BASED ON
ROADWAY ASSET SERVICES 2026
PowerBI "FOUNTAIN HILLS AZ FY27
ANALYSIS REV 2" DATED 7 /23/26
THIS TOPO/AERIAL MAPPING IS
SUITABLE FOR GENERAL PLANNING
PURPOSES, BUT SHOULD NOT BE
USED FOR DESIGN.
Meeting Packet Page 227 of 296
PTH RECONSTRUCTION QUANTITI
LENGTH = 670 LF
AREA= 4,193 SY
PUBLIC WORKS
FY2027
FUTURE PAVEMENT
IMPROVEMENTS
NOTES:
KIOWA CIRCLE
TREATMENT LEGEND
SLURRY SEAL
SURFACE TREATMENT
MILL & OVERLAY
FULL DEPTH RECONSTRUCTION
N
w ♦E
s
MAP NOT TO SCALE
PAVEMENT SELECTIONS,
APPROXIMATE QUANTITIES AND
APPROXIMATE PRICING BASED ON
ROADWAY ASSET SERVICES 2026
PowerBI "FOUNTAIN HILLS AZ FY27
ANALYSIS REV 2" DATED 7 /23/26
THIS TOPO/AERIAL MAPPING IS
SUITABLE FOR GENERAL PLANNING
PURPOSES, BUT SHOULD NOT BE
USED FOR DESIGN.
Meeting Packet Page 228 of 296
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LL DEPT
VEMENT L
VEMENT A
PUBLIC WORKS
FY2027 FUTURE PAVEMENT IMPROVEMENTS
NOTES:
CAMERON CT
TREATMENT LEGEND
SLURRY SEAL
SURFACE TREATMENT
MILL & OVERLAY
FULL DEPTH RECONSTRUCTION
N
w ♦E
s
MAP NOT TO SCALE
PAVEMENT SELECTIONS,
APPROXIMATE QUANTITIES AND
APPROXIMATE PRICING BASED ON
ROADWAY ASSET SERVICES 2026
PowerBI "FOUNTAIN HILLS AZ FY27
ANALYSIS REV 2" DATED 7 /23/26
THIS TOPO/AERIAL MAPPING IS
SUITABLE FOR GENERAL PLANNING
PURPOSES, BUT SHOULD NOT BE
USED FOR DESIGN.
Meeting Packet Page 233 of 296
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ULL TION QUAN ES
AVE H = 190
AVE = 8,766
T=
PUBLIC WORKS
FY2027
FUTURE PAVEMENT
IMPROVEMENTS
NOTES:
BARNES DR
TREATMENT LEGEND
SLURRY SEAL
SURFACE TREATMENT
MILL & OVERLAY
FULL DEPTH RECONSTRUCTION
N
w ♦E
s
MAP NOT TO SCALE
PAVEMENT SELECTIONS,
APPROXIMATE QUANTITIES AND
APPROXIMATE PRICING BASED ON
ROADWAY ASSET SERVICES 2026
PowerBI "FOUNTAIN HILLS AZ FY27
ANALYSIS REV 2" DATED 7 /23/26
THIS TOPO/AERIAL MAPPING IS
SUITABLE FOR GENERAL PLANNING
PURPOSES, BUT SHOULD NOT BE
USED FOR DESIGN.
Meeting Packet Page 240 of 296
Presented by
Jeff Pierce, Public Works Streets Superintendent
Town Council Meeting
September 1, 2026
Town of Fountain Hills
FY27 Pavement Management
Meeting Packet Page 241 of 296
p/o Montrose Dr
Westminster Pl
Newmarket Ct
Springmont Dr
Hyde Park Pl
Stancrest Dr
Wendover Dr
Coventry Cir
Midland Dr
Keymar Dr
Roads Currently Underway - Approved for Priority Treatment in FY27
Council Approved on February 3, 2026 – Cost: $3.4M
Peachtree Ln
Pelican Dr
Silver Hawk Ct
Bluejay Pl
Mayflower Dr
Bradford Dr
Tamarack Ln
Tanglewood Ct
Palmetto Ln
Shagbark Ct
Brunswick Dr
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ITEM 9.b.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
Meeting Type: Town Council Regular Meeting
Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Phone: 480-816-5133
Email: jweldy@fountainhillsaz.gov
Request to Town Council Regular Meeting (Agenda Language)
CONSIDERATION AND POSSIBLE ACTION: Ratifying the Town Manager’s
emergency authorization and necessary budget transfers for the purchase and installation of a
replacement pump for the Panorama Drive Storm Drain Channel pump-back system from
Laveen Pump Company.
Staff Summary (background)
The Panorama Drive Storm Drain Channel, located south of El Lago Boulevard, was
originally constructed in 1988, prior to the Town’s incorporation. The channel was
constructed by MCO Properties as part of the Puerto Del Lago off-site improvements.
As part of a Council-approved Capital Improvement Project, a new pump system was
designed and installed in 2022 to improve the Town’s ability to manage surface water and
stormwater within the Panorama Drive Storm Drain Channel. The project included upgraded
electrical service and a variable-speed controller intended to improve the reliability and
efficiency of the pump system.
The pump installed as part of the capital project was designed to operate on 480-volt electrical
service. However, implementation of the preferred electrical-service configuration has been
delayed because Salt River Project has been unable to obtain the necessary easement from a
nearby property owners’ association adjacent to the roadway. Without that easement, the
Town would have been unable to complete the electrical improvements as originally planned.
In the interim, the pump system has experienced significant operational challenges and costly
failures, with repair expenses exceeding $50,000. These failures have reduced the Town’s
ability to consistently capture and pump water from the channel to Fountain Park Lake. When
the system is not operating effectively, water can bypass the pump system and continue
downstream toward the Fort McDowell Yavapai Nation reservation lands.
The Fort McDowell Yavapai Nation Tribal Council has formally addressed this issue through
joint Council discussions and, most recently, through the adoption of Resolution No. Ft.
McD. 2025-34. The resolution reaffirms the Nation’s longstanding opposition to discharges of
water onto or through reservation lands when those discharges result from human activity or
modification of the physical landscape. The resolution identifies potential impacts including
the movement of sediment and contaminants, garbage and debris, standing water, mosquito-
related concerns, and other adverse conditions.
Staff originally anticipated presenting the replacement pump purchase to the Town Council in
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June 2026, prior to the Council’s summer recess. However, procurement, supply, and
installation considerations delayed finalization of the proposed purchase and installation.
During the summer, the conditions at the site became more urgent. Town staff observed
federal representatives at the location reviewing downstream water flows onto Fort McDowell
Yavapai Nation lands. Based on the information available to the Town from two independent
waste analysts and two professional engineers, the flows were determined to include a
combination of naturally occurring surface water and reclaimed water associated with
irrigation activities at Panorama Park. The resulting discharge raised additional concerns
regarding compliance with the Clean Water Act and reinforced the need to promptly restore
reliable operation of the Town’s pump system.
Given the ongoing downstream flows, the concerns raised by the Fort McDowell Yavapai
Nation, the regulatory implications associated with the discharge, and the need to address
environmental impacts, the Town Manager, following legal review and discussion,
determined that delaying the pump replacement until the Council reconvened would not be in
the Town’s best interest. The Town Manager therefore authorized the purchase and
installation of the replacement pump pursuant to the Town’s emergency and public-health
purchasing authority.
The replacement is intended to restore reliable operation of the Panorama Drive pump system,
improve the Town’s ability to capture and convey water to Fountain Park Lake, reduce
standing and stagnant water conditions, address nuisance and public-health concerns, and
minimize the potential for continued downstream flows onto Fort McDowell Yavapai Nation
lands.
The agreement is being presented to the Town Council at tonight's meeting for formal
ratification and codification of the Town Manager’s emergency authorization and the
associated purchase and installation.
Below are the three bids staff received for the replacement.
Laveen Pump Company submitted the lowest bid in the amount of $87,703.35. Laveen Pump
Company has provided repairs and service at this location for more than 30 years, both for the
Town and, prior to incorporation, for the Fountain Hills Sanitary District. The company is
familiar with the pump-back system, site conditions, and operational history.
Vendor
Universal Drilling, Inc.
Copper State Pump & Well Service
Laveen Pump Company
Bid Amount
$133,374.00
$132,904.00
$87,703.35
The Vendor will also build a required enclosure around the pump for resident safety reasons.
These purchases were not included in the FY2027 Adopted Budget, and will necessitate a
transfer of budget authority from the General Fund contingency into the Environmental
Program cost center within the Public Works Department budget in the General Fund. Staff
is requesting a budget transfer of $95,000 to accommodate all costs associated with the new
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pump and enclosure.
Related Ordinance, Policy or Guiding Principle
This item is consistent with the Town’s Storm Water Management Plan, AZPDES Small MS4
permit obligations, Town Code Section 14-7 relating to stormwater pollution prevention, and
the Town’s Strategic Plan goals to maintain reliable public infrastructure, protect public
health and safety, and enhance quality of life
Risk Analysis
Failure to replace the pump would increase the risk of continued system failures, standing and
stagnant water, nuisance and mosquito-related concerns, and continued downstream flows
toward the Fort McDowell Yavapai Nation reservation lands. Continued system failures could
also increase environmental, regulatory, intergovernmental, reputational, and financial risks to
the Town, particularly in light of the Nation’s formal opposition to such discharges and
concerns regarding potential Clean Water Act compliance.
Although the pump replacement does not resolve the longer-term limitations associated with
the preferred electrical service configuration, it is necessary to restore reliable operation of the
system, reduce stagnant water conditions, improve the Town’s ability to manage surface and
reclaimed water flows, and minimize the potential for continued downstream discharges.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends that the Town Council ratify and approve the Town Manager’s emergency
authorization and necessary budget transfers in the amount of $95,000 for the purchase and
installation of the replacement pump and enclosure for the Panorama Drive Storm Drain
Channel and authorize the Mayor and Town Manager to execute any related agreements and
documents necessary to complete the project.
Suggested Motion
MOVE TO RATIFY AND APPROVE the Town Manager’s emergency authorization for
the purchase and installation of a replacement pump and enclosure for the Panorama Drive
Storm Drain Channel pump-back system from Laveen Pump Company, in an amount not to
exceed $95,000, and authorize the Town Manager or designee to execute all necessary budget
authority transfers, documents and take any actions necessary to complete the purchase and
installation.
FISCAL IMPACT
Fiscal Impact: $95,000
Budget Reference: Adopted FY27 budget
Funding Source: General Fund - Public Works Department, Environmental Program cost center
ATTACHMENTS
1. COPPER STATE PUMP QUOTE
2. UNIVERSAL DRILLING INC QUOTE
3. Estimate Laveen Pump Co
4. SRP EASEMENT
Meeting Packet Page 262 of 296
ESTIMATE
Date
3/17/2026
ESTIMATE
506
CUSTOMER
Town of Fountain Hills
Mark Mayer
16705 E. Ave of the Fountains
Fountain Hills, AZ.85268
Project
Total
Copper State Pump
& Well Service
Taylor Roberts
928.232.0026
www.copperstatepump@gmail.com
PO Box 1027
Wickenburg, AZ 85358
contractors License #'s 195223
Description Quantity Rate AmountItem
Mine tuff MT19 Estimate 250-300
GPM at clients provided head. 3-5
week delivery.
1 31,500.00 31,500.00TPump System
LABOR: Pull existing Pump and install new pump
using client existing product and
controls
1 3,750.00 3,750.00Pump System
Sales Tax 6.30% 1,984.50
$37,234.50
Meeting Packet Page 263 of 296
ESTIMATE
Date
3/17/2026
ESTIMATE
505
CUSTOMER
Town of Fountain Hills
Project
Total
Copper State Pump
& Well Service
Taylor Roberts
928.232.0026
www.copperstatepump@gmail.com
PO Box 1027
Wickenburg, AZ 85358
contractors License #'s 195223
Description Quantity Rate AmountItem
Pump Configuration: Complete
Pump, NSF Certified: No
COS 300 GPM x 110@1775 RPM
(Bowl Performance)
Total Pump: 216(in)
Model: Open Line Shaft (OLS)-
SM9M-2 w/colletid impellers.
Suction: 10" Integral Bell Strainer
Standard Basket.
Column Std. Duty SP16"
Sch40/0.28wall 60" STD Section
Length.
Line Shaft 1 1/4" -10tpi LH 10" stick
up
Head SL w/SL-6-10.12BD 150#
ANSI RF Slip-on for VHS Driver
w/Mech. Seal Assembly.
Standard Base foundation Plate
Motor: VHS 15HP TEFC 1775RPM
CD Dimension (in) 22.94 BX
Dimension (in) 1.25, Motor BD
Diameter 10. 3p/460v/60Hz. NRR
Nidec Catalog #CHT15V2BLE.
Nidec Model #FU28, 1 1/2" BX
w/steady bushing.
81,500.00 81,500.00TPump System
Labor to install. Lead time 12-15
weeks.
8,500.00 8,500.00TPump System
Prices for above items only any additional work or
materials is T&M
Sales Tax 6.30% 5,670.00
$95,670.00
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Meeting Packet Page 266 of 296
Laveen Pump Co
PO Box 5932
Goodyear, AZ 85338 US
623-386-3600
laveenpumpco@gmail.com
Estimate
ADDRESS
Town of Fountain Hills
Attn: Justin
16705 E. Ave of the Fountains
Fountain Hills, AZ.85268
ESTIMATE #DATE EXPIRATION DATE
1254 06/11/2026 06/16/2026
DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
parts Pump Configuration: Complete
Pump, FW10KC-2 Short Set 216"
TPL Short Set, TPC 6-280-5-B
Column 6X280X5 Butt GRN T&C,
WLS06X250304SS WI Spider 6"
X2.5" 304SS, WLI1188X200-VES
Insert 1-3/16X2" HUB V Esconite,
BS416SS 1-3/16" -PSQ Bar Stock
1 3/16" 416SSPSQ RL Shaft,
TSC119X10-SS 1 3/16" Shaft
Coupling 10"T 416SS 1 5/8"X3-
1/2", TDH-FW6W/L1.188-LP 4 6SS
HS ASSY,T1SF10KCW/L6X^ 304
IMP CPLG, TASFW10KC ADD
STG 304 IMPTSBM06SS 6" Male
NPT SS Basket Strainer,
15HPMotor
MTTUSHO15P2BLNEN10VHS
1800 RPM, Sloe Plate 24"X24",
Additional surface piping and
electrical.
1 75,450.00 75,450.00T
Labor Labor to install. Lead time 4/5
weeks.
1 7,500.00 7,500.00
Prices for above items only any additional is T&M. Using clients existing VFD
and water line to ty in.
SUBTOTAL 82,950.00
TAX (6.3%) 4,753.35
TOTAL $87,703.35
Accepted By Accepted Date
Meeting Packet Page 267 of 296
Page 1 of 4
WHEN RECORDED MAIL TO:
SALT RIVER PROJECT
Land Department/PAB10W
P. O. Box 52025
Phoenix, Arizona 85072-2025
EXEMPT PURSUANT TO
A.R.S. §§ 11-1134(A)(2) and (A)(3)
OVERHEAD AND UNDERGROUND POWER DISTRIBUTION EASEMENT
Maricopa County R/W #
Agt. CLB
Parcel # 176-06-777 Job # LJ90455 / T3458923 /
SE ¼, SEC. 14, T03N, R06E W CLB C _______
MORNINGSIDE AT LAKESIDE VILLAGE HOMEOWNERS ASSOCIATION,
an Arizona nonprofit corporation
hereinafter called Grantor, for and in consideration of the sum of Ten Dollars, and other valuable consideration,
receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey to SALT RIVER
PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, an agricultural
improvement district organized and existing under the laws of the State of Arizona, and its successors and
assigns, hereinafter called Grantee, for use by Grantee and Grantee’s employees, contractors, licensees, and
invitees, a non-exclusive easement to construct, install, reconstruct, replace, remove, repair, operate and
maintain a line of poles with wires suspended thereon, conduits and conductors, transformers, and all necessary
and proper guys, anchorage, crossarms, braces, underground electrical conduits and conductors, pipes, cables,
switching equipment, transformers, pad-mounted equipment, enclosures, manholes, vaults, and all other
appliances, appurtenances and fixtures (collectively, “Facilities”) for the transmission and distribution of
electricity, communication signals and data, and for all other purposes connected therewith at such locations
and elevations, in, upon, over, under, across, through and along the Easement Parcel (defined below), as
Grantee may now or hereafter deem convenient or necessary from time to time, together with the right of access
to and from the Easement Parcel, over, across, through and along Grantor’s Property (defined below)
(collectively, the “Easement”). Grantee is hereby authorized to permit others to use the Easement for additional
Facilities jointly with or separately from the Grantee for their purposes.
The lands in, upon, over, under, across, through and along which the Easement is granted are situated
in the County of Maricopa, State of Arizona, and are more particularly described as:
JEP
Meeting Packet Page 268 of 296
Page 2 of 4
Grantor's Property:
A portion of the Southeast quarter of Section 14, Township 03 North, Range 06 East of the Gila and Salt
River Base and Meridian, Maricopa County, Arizona, being more particularly described in SPECIAL
WARRANTY DEED Instrument 2024-0483602 records of Maricopa County, Arizona.
Easement Parcel:
See Exhibit “A” Attached Hereto and Made a Part Hereof.
CAUTION: Facilities placed within the Easement Parcel may contain high voltage electrical equipment.
Notice is hereby given that the location of underground electrical conductors or facilities must be verified as
required by Arizona Revised Statutes, Section 40-360.21, et. seq., Arizona Blue Stake Law, prior to any
excavation. Notice is also hereby given that any activity performed within the Easement Parcel shall comply
with the Arizona Overhead Powerline Safety Law, Arizona Revised Statutes 40-360.41-45.
The Easement is governed by the following terms and conditions:
1. Modification of Easement Parcel. Grantor acknowledges that field conditions may result in the
Facilities being installed within Grantor’s Property in a location that is not within the Easement Parcel.
Promptly after discovering the construction or installation of any Facilities outside of the Easement Parcel,
Grantee shall obtain Grantor’s agreement with and execution of an amendment to this Easement, modifying
the legal description of the Easement Parcel to reflect the actual location of the Facilities (the “Amendment”).
Upon the recordation of the Amendment, such revised legal description shall have the same force and effect,
and create the same priority of interest, as if recorded concurrently with this instrument. Grantor may consent
to the execution and recordation of the Amendment through the exercise of its sole discretion.
2. Prohibited Activities. Grantor shall not, whether directly or indirectly by granting permission,
construct, install or place any building or other structure, plant any trees, drill any wells, store materials of any
kind, or alter the ground level, within the Easement Parcel. This paragraph 2 does not prohibit the use of the
Easement Parcel for such purposes as landscaping (except trees), paved parking, sidewalks and/or driveways,
provided that such use is otherwise in accordance with the terms of this Easement, and does not interfere with
the efficient operation and maintenance of the Facilities, including access thereto. To obtain clarification as
to whether or not a particular construction activity is prohibited by the first sentence of this paragraph 2, Grantor
may request Grantee’s prior written approval to grade or install improvements (“Work”) within the Easement
Parcel by submitting all construction, grading, or other development plans, as applicable, describing the
proposed Work. Grantee may grant or deny such approval through the exercise of Grantee’s sole discretion,
provided that Grantee’s review and right to approve shall be limited to whether the proposed Work conflicts
with the existing Facilities, including access thereto. Any such approval is hereby subject to Grantor complying
with all other provisions of this Easement.
3. Clear Areas. Grantor shall maintain a clear area that extends 3.00 feet from and around all edges of all
transformer pads and other equipment pads, and a clear area that extends 12.00 feet immediately in front of all
transformer and other equipment openings (“Clear Areas”). No improvements, fixtures, trees, shrubs, or other
obstructions shall be placed within the Clear Areas. Grantee shall have the right (but not the obligation) to
remove any obstructions within the Clear Areas.
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Page 3 of 4
4. Additional Grantee Rights. Grantee shall have the right (but not the obligation) to trim, cut and clear
away trees, brush or other vegetation on, or which encroaches into, the Easement Parcel or the Clear Areas,
whenever in its judgment the same shall be necessary for the convenient and safe exercise of the rights herein
granted. Grantor agrees that any fences or walls which now cross or hereafter cross Grantor’s Property will
not prevent Grantee’s access to the Easement Parcel or the Facilities. Grantor further agrees that Grantee can
use gates on all such fences or walls for such access.
5. Perpetual Nature of Easement. The Easement, and Grantee’s rights hereunder, shall be perpetual, and
shall not terminate until, and unless abandoned through the recordation of a document formally abandoning
the Easement, which references this instrument and is executed and acknowledge by Grantee. Upon such
recordation, all Grantee's rights hereunder shall cease, except the right to remove any and all property placed
upon the Easement Parcel within a reasonable time subsequent to such abandonment.
6. Successors and Assigns. The benefits and burdens, and the covenants and agreements herein set forth
shall run with and burden the land and shall extend and inure in favor and to the benefit of, and shall be binding
on Grantor and Grantee and their successors and assigns.
7. Rights and Remedies Cumulative. The rights and remedies hereunder are cumulative, and the exercise
of any one or more of such rights or remedies shall not preclude the exercise, at the same or different times, of
any other right or remedy available.
8. Private Use. The provisions of this instrument are not intended to and do not constitute a public utility
easement, or any other grant, dedication, or conveyance for public use of the Easement Parcel.
9. Warranty of Title. Grantor represents and warrants that: (i) fee simple title to the Grantor’s Property
and Easement Parcel is vested in Grantor, and (ii) Grantor has full power and authority to grant the Easement
and to perform its obligations under this instrument.
10. Authority to Bind Grantor. The individual executing this instrument represents and warrants: (i) that
he or she is authorized to do so on behalf of Grantor; and (ii) that he or she has full legal power and authority
to bind Grantor in accordance with the terms herein and, if necessary, has obtained all required consents or
delegations of such power and authority (whether from any partner, owner, spouse, shareholder, director,
member, manager, creditor, investor, developer, governmental authority, judicial or administrative body,
association, or other person or entity).
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Meeting Packet Page 270 of 296
Page 4 of 4
IN WITNESS WHEREOF, MORNINGSIDE AT LAKESIDE VILLAGE HOMEOWNERS
ASSOCIATION, an Arizona nonprofit corporation, corporation, has caused its name to be executed by
its duly authorized representative(s), this ______ day of ________________, ________.
MORNINGSIDE AT LAKESIDE VILLAGE HOMEOWNERS ASSOCIATION,
an Arizona nonprofit corporation
By ___________________________________
Its ___________________________________
By ___________________________________
Its ___________________________________
STATE OF ___________________ )
) ss
COUNTY OF _________________ )
The foregoing instrument was acknowledged before me this ____ day of __________, _______ by
________________________________________________________________________________ and
______________________________________________________________________________, as
_____________________ and ________________________, respectively, of MORNINGSIDE AT
LAKESIDE VILLAGE HOMEOWNERS ASSOCIATION, an Arizona nonprofit corporation, on
behalf of such corporation.
__________________________________
Notary Public
My Commission Expires:
_________________________
_________________________
Notary Stamp/Seal
Legal Approved Form 03.10.2023_mcm
Meeting Packet Page 271 of 296
EXHIBIT “A”
SRP JOB NUMBER: T3458923 DATE: 09-17-2024
SRP JOB NAME: PANORAMA DR PU REVAMP PAGE: 1 OF 3
SECTION 14, TOWNSHIP 3N, RANGE 6E
AN EASEMENT WITHIN A PARCEL OF LAND AS DESCRIBED IN DOCUMENT 2024-0483602 MARICOPA
COUNTY RECORDER (MCR), BEING A PORTION OF PARCEL “A” OF ”MORNINGSIDE AT LAKESIDE VILLAGE”
AS SHOWN IN BOOK 318 OF MAPS, PAGE 44, MARICOPA COUNTY RECORDER (MCR), LOCATED IN THE
SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 6 EAST, OF THE GILA AND SALT
RIVER MERIDIAN, MARICOPA COUNTY, ARIZONA, BEING 8.00 FEET IN WIDTH, LYING 4.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCING AT THE SOUTHWEST CORNER OF GENERAL LAND OFFICE (GLO) LOT 8 OF SAID SECTION
14, BEING A GLO BRASS CAP STAMPED “CC”, FROM WHICH THE SOUTHEAST CORNER OF SAID SECTION
14, BEING A GLO BRASS CAP, BEARS NORTH 89 DEGREES 42 MINUTES 12 SECONDS EAST, A DISTANCE OF
1190.19 FEET (BASIS OF BEARING);
THENCE NORTH 59 DEGREES 42 MINUTES 27 SECONDS WEST, A DISTANCE OF 1348.15 FEET TO AN
EXISTING POWER POLE;
THENCE NORTH 58 DEGREES 30 MINUTES 19 SECONDS WEST, A DISTANCE OF 20.22 FEET TO THE
CENTERLINE OF A SALT RIVER PROJECT (SRP) EASEMENT RECORDED IN DOCKET 9317, PAGE 390 MCR,
AND A MID-SPAN TAP BEING PART OF THIS EASEMENT, SAID POINT BEING THE POINT OF BEGINNING;
THENCE NORTH 29 DEGREES 42 MINUTES 19 SECONDS EAST, A DISTANCE OF 29.23 FEET TO A POWER
POLE BEING A PART OF THIS EASEMENT;
THENCE NORTH 72 DEGREES 04 MINUTES 23 SECONDS WEST, A DISTANCE OF 39.69 FEET TO A POINT IN
AN EQUIPMENT PAD BEING 7.50 FEET BY 5.50 FEET AND BEING A PART OF THIS EASEMENT;
THENCE CONTINUING, NORTH 72 DEGREES 04 MINUTES 23 SECONDS WEST, A DISTANCE OF 4.05 FEET
TO THE WEST LINE OF SAID PARCEL “A” AND THE POINT OF TERMINUS;
SAID EASEMENT CONTAINS AN AREA OF 584 SQUARE FEET, OR 0.013 ACRE(S), MORE OR LESS.
SIDELINES BEING LENGTHENED OR SHORTENED TO FORM VERTICES AT ALL ANGLE POINTS AND TO
TERMINATE AT ALL REFERENCED EXISTING PARCEL AND EASEMENT LINES WHICH PASS THROUGH A
POINT OF TERMINUS OR BEGINNING.
END OF DESCRIPTION
09/26/2024
Meeting Packet Page 272 of 296
COORDINATE SYSTEM.
LOW DISTORTION PROJECTION
BASED ON THE MARICOPA COUNTY
BASIS OF BEARINGS:
SITE
EXHIBIT "A"
ABBREVIATION TABLE
NOTES
CAUTION
LAW, PRIOR TO ANY EXCAVATION.
SEQ., ARIZONA BLUE STAKE
STATUTES, SECTION 40-380.21, ET.
REQUIRED BY ARIZONA REVISED
FACILITIES MUST BE VERIFIED AS
ELECTRICAL CONDUCTORS OR
LOCATION OF UNDERGROUND
NOTICE IS HEREBY GIVEN THAT THE
VOLTAGE ELECTRICAL EQUIPMENT,
DELINEATED MAY CONTAIN HIGH
THE EASEMENT LOCATION AS HEREON
AN ARIZONA BOUNDARY SURVEY.
BOUNDARIES SHOWN. THIS IS NOT
VERIFY THE LOCATION OF ANY
NO ATTEMPT HAS BEEN MADE TO
FROM RECORD INFORMATION, AND
PARCELS SHOWN WERE PLOTTED
ACCOMPANY AN EASEMENT. ALL
THIS EXHIBIT IS INTENDED TO
UNLESS OTHERWISE NOTED.
OF THE EQUIPMENT PAD
ARE MEASURED TO THE WINDOW
ALL ELECTRIC LINES SHOWN
14
BOU
LE
VA
RD
S
AG
U
A
RO
G&SRM
T3N, R6E
VICINITY MAP (NTS)
I
ND
I
AN
RE
S
ERVAT
I
ON
F
ORT
MCDO
WEL
L
LEGEND
MID SPAN TAP
POWER POLE
ARE PART OF THIS EASEMENT
EQUIPMENT PAD(S) - 7.50'x 5.50'
SECTION CORNER AS NOTED
TIE LINE
CENTERLINE OF EXISTING EASEMENT DOCKET 9317 PAGE 390 MCR
CENTERLINE OF 8' EASEMENT (AERIAL)
CENTERLINE OF 8' EASEMENT (UNDERGROUND)
PROPERTY LINE
SECTION AND CENTERLINE
AGENT: BALTRUS
DRAWN: BARNES
CHECKED BY:
SCALE:
SHEET: 2 OF 2
REVISION:
SHEET SIZE:8.5"x11"
LAND DEPARTMENT
SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SALT RIVER PROJECT
NTS
SRP LDWR NUMBER: NA
I.O. NUMBER: T3458923
DATE: 09-17-2024
CREW CHIEF: MILLER
FIELD DATE: 04-08-2024
15.2 NORTH - 34.5 EAST
T.3 N., R.6 E
SE 1/4, SECTION 14
PANORAMA DR PU REVAMP
DRIVE
PANORAMA
POT POINT OF TERMINUS
POB POINT OF BEGINNING
NTS NOT TO SCALE
LVI LAST VISUAL INSPECTION
(M) MEASURED
MCR MARICOPA COUNTY RECORDER
GLO GENERAL LAND OFFICE
FND FOUND
EPAD ELECTRICAL EQUIPMENT PAD
BC BRASS CAP
APN ASSESSOR'S PARCEL NUMBER
3
09/26/2024
JEP
Meeting Packet Page 273 of 296
EXHIBIT "A"
N
NORTH
DETAIL "A" - NTS
N
72
°
04'
23
"W
43
.
74'
39
.
69'
D= 20°49'26"
L= 233.33'
R= 642.00'
4.05'
1
8
5
.
1
7
'
N29
°42
'19
"E
29
.23
'
L
=
2
3
3
.
3
3
'
20.22' (TIE)
N58°30'19"W
1348.15' (TIE)
N59°42'27"W
N
59
°
42'
27
"
W
134
8 .
15' (
TI
E)
POWER POLE
EXISTING
POWER POLE
SEE DETAIL "A"
P
AN
O
RAMA
DRI
VE
EPAD P-1520
B
OO
K
318
PAG
E
44
M
CR
PA
RC
EL
"
A"
LVI 5-14-2008
FND GLO BC
SECTION 14
SOUTHEAST CORNER
4
8
.
1
6
'
AGENT: BALTRUS
DRAWN: BARNES
CHECKED BY:
SCALE:
SHEET: 3 OF 3
REVISION:
SHEET SIZE:8.5"x11"
LAND DEPARTMENT
SURVEY DIVISION
AGRICULTURAL IMPROVEMENT & POWER DISTRICT
SALT RIVER PROJECT
NTS
SRP LDWR NUMBER: NA
I.O. NUMBER: T3458923
DATE: 09-17-2024
CREW CHIEF: MILLER
FIELD DATE: 04-08-2024
15.2 NORTH - 34.5 EAST
T.3 N., R.6 E
SE 1/4, SECTION 14
PANORAMA DR PU REVAMP
A
PO
R
TI
ON
O
F
202
4
-
048
3
6
0
2
M
CR
A
PN
176
-
06-
777
POINT OF COMMENCEMENT
POB
S
0
6
°
1
9
'
1
2
"
W
5
3
1
.
6
3
'
(BASIS OF BEARING)
N89°42'12"E 1190.19' (M) POT
0.013 ACRES
584 SQUARE FEET
EASEMENT AREA:
LVI 5-11-2012
FND GLO BC STAMPED "CC"
GLO LOT 8 OF SECTION 14
SOUTHWEST CORNER OF
LVI 5-11-2012
FND GLO BC STAMPED "WC"
SECTION 14
CORNER 20 1/2 M
JEP
Meeting Packet Page 274 of 296
ITEM 9.c.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
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)
DISCUSSION AND POSSIBLE DIRECTION: Regarding amendments to the Town Code,
Sections 10-2-8 and 10-2-9, relating to handbills.
Staff Summary (background)
Summary
This item seeks Council direction regarding amendments to the Town’s regulations governing
the distribution of handbills. The current Town Code distinguishes between commercial and
noncommercial handbills in certain circumstances and contains conflicting provisions
regarding distribution on private property. Staff recommends eliminating the
commercial/noncommercial distinction to address First Amendment concerns and create
consistent regulations.
The primary policy question for Council is whether handbills should be permitted to be left at
private residences when they are secured to the property, or whether handbills should only be
distributed when accepted by a person. Following Council direction, staff will prepare an
ordinance amendment for future Council consideration.
Background
Chapter 10 of the Town Code addresses health and sanitation, including regulations intended
to reduce litter. Article 10-2, “Litter; Nuisances,” contains two sections regulating the
distribution of handbills:
• Section 10-2-8 – Handbills on public property
• Section 10-2-9 – Handbills on private property
Last spring, concerns were raised regarding provisions that treat commercial and
noncommercial handbills differently. Staff reviewed the existing language and identified both
First Amendment concerns and inconsistencies within the current regulations.
Public Property – Section 10-2-8
The current Code prohibits throwing or leaving any handbill, whether commercial or
noncommercial, on sidewalks, streets, or other public property.
However, it allows a person to hand a noncommercial handbill directly to someone who
agrees to accept it, while prohibiting the same distribution of a commercial handbill. This
distinction raises First Amendment concerns because the regulation treats speech differently
based on whether it is commercial or noncommercial.
Staff recommends eliminating that distinction so the regulation applies consistently to all
handbills.
Meeting Packet Page 275 of 296
Private Property – Section 10-2-9
Most provisions governing handbills on private property apply equally to commercial and
noncommercial materials. However, subsections D and E create conflicting requirements.
Subsection D allows both commercial and noncommercial handbills to be left at an inhabited
property when they are secured in a manner that prevents them from becoming litter.
Subsection E, however, prohibits commercial handbills from being distributed unless they are
accepted by a person at the property.
These provisions are inconsistent and again distinguish between commercial and
noncommercial speech.
Council Direction Requested
Staff recommends removing all distinctions between commercial and noncommercial
handbills. Council direction is requested on the remaining policy question:
Should handbills be allowed to be left at private property when appropriately secured, or
should handbills only be distributed when accepted by a person at the property?
In considering this question, staff notes both litter and public safety concerns associated with
materials being left unattended at residences.
Based on Council direction, staff will prepare revised ordinance language and return to
Council for formal consideration.
Related Ordinance, Policy or Guiding Principle
Town Code Sections 10-2-8 and 10-2-9.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends removing the distinction between commercial and noncommercial
handbills and is seeking direction on how to address handbills being left on private property.
Suggested Motion
Staff is looking for consensus direction on how to proceed with a text amendment. When that
is prepared it will be brought back for Council action.
FISCAL IMPACT
Fiscal Impact: N/A
Budget Reference: N/A
Funding Source: N/A
ATTACHMENTS
1. Fountain Hills Town Code Section 10-2-1
2. Fountain Hills Town Code Section 10-2-8
3. Fountain Hills Town Code Section 10-2-9
Meeting Packet Page 276 of 296
Section 10-2-1 Definitions
In this article, unless the context otherwise requires:
A. “Aircraft” means any contrivance now known or hereafter invented, used or designed for navigation or for
flight in the air, and includes, but is not limited to, helicopters and lighter-than-air dirigibles and balloons.
B. “Animal” means any and all types of animals, both domestic and wild, male and female, singular and plural.
C. “Authorized private receptacle” means a litter storage and collection receptacle as required and authorized in
this article.
D. “Commercial Handbill” means any printed or written matter, any sample or device, circular, leaflet, pamphlet,
paper, booklet, or any other printed, or otherwise reproduced original or copies of any matter or literature:
1. Which is not defined as in this chapter as either a newspaper or a noncommercial handbill; and
2. Which advertises for sale any merchandise, product, commodity, or thing; or
3. Which directs attention to any business or mercantile or commercial establishment, or other activity, for
the purpose of either directly or indirectly promoting the interests thereof by sales; or
4. Which directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any
kind, for which an admission fee is charged or a collection is taken up for the purpose of defraying the
expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when in either of
the same is held, given or takes place in connection with the dissemination of information which is not
restricted under the ordinary rules of decency, good morals, public peace, safety and good order. Nothing
contained in this clause shall be derived to authorize the holding, giving or taking place of any meeting,
theatrical performance, exhibition, or event of any kind without a license, where such license is or may be
required by any law of this state, or under any ordinance of this Town; or
5. Which, while containing reading matter other than advertising matter, is predominantly and essentially
an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain
of any person so engaged as advertiser or distributor.
E. “Developed property” means occupied real property, which has been altered from its natural state by the
creation or addition of any buildings, structures, pavement, or other improvements.
F. “Fowl” means any and all fowl, domesticated and wild, male and female, singular and plural.
G. “Garbage” means putrescible animal and vegetable wastes, resulting from the handling, preparation, cooking
and consumption of food.
Art. 10-2 Litter; Nuisances | Fountain Hills Town Code Page 1 of 3
The Fountain Hills Town Code is current through Ordinance 26-11, passed June 16, 2026.
Meeting Packet Page 277 of 296
H. “Landscaped area” means an exterior improvement or change of land through replacement of native
vegetation or addition of artificial topping material including, but not limited to, landscape gravel, stones, or
boulders, or a combination of new vegetation and artificial topping material.
I. “Litter” means garbage, refuse and rubbish and all other waste material which, if thrown or deposited in a
manner prohibited by this article, tends to create a danger to public health, safety and welfare, and includes, but
not by way of limitation, paper and metal, such as containers or cans.
J. “Major repair” means the removal from any vehicle of a major portion thereof, including, but not limited to,
the differential, transmission, head, engine block or oil pan.
K. “Native vegetation” means naturally occurring plant growth of indigenous origin.
L. “Natural desert” means unimproved land with primarily undisturbed native vegetation. Vacant lots are
generally considered natural desert, even where previously graded or disturbed.
M. “Newspaper” means a publication regularly issued for dissemination of current news, matters of general
interest and local happenings at stated short intervals of time whether such publication is distributed by paid
subscription or for free. Such publication shall be from a known office of publication and shall bear the dates of
issue and shall be numbered consecutively.
N. “Noncommercial handbill” means any printed or written matter, any sample or device, circular, leaflet,
pamphlet, magazine paper booklet, or any other printed or otherwise reproduced original or copies of any matter
or literature not included in the definitions of a commercial handbill or a newspaper.
O. “Park” means a park, reservation, playground, recreation center or any other public area in the Town, owned
or used by the Town and devoted to public recreation.
P. “Private premises” means any dwelling, house, building or other structure designed or used either wholly or
in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant,
and includes but is not limited to any yard, grounds, walk, driveway, porch, steps, vestibule or mail box belonging
or appurtenant to such dwelling, house, building or other structure.
Q. “Public place” means any and all streets, sidewalks, boulevards, alleys or other public ways and any and all
public parks, squares, spaces, grounds and buildings.
R. “Refuse” means all putrescible and nonputrescible solid wastes, except body wastes, including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned, wrecked or junked vehicles or parts thereof and solid
market and industrial wastes.
S. “Rubbish” means nonputrescible solid wastes consisting of both combustible and noncombustible wastes,
such as paper, wrappings, cigarettes, cardboard, metal cans, yard clippings, leaves, metal, wood, glass, bedding,
crockery and similar materials.
Art. 10-2 Litter; Nuisances | Fountain Hills Town Code Page 2 of 3
The Fountain Hills Town Code is current through Ordinance 26-11, passed June 16, 2026.
Meeting Packet Page 278 of 296
The Fountain Hills Town Code is current through Ordinance 26-11, passed June 16, 2026.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact
the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by ICC Code Solutions.
T. “Streets or road” means the entire width between the boundary lines of every way publicly maintained when
any part thereof is open to the use of the public for purposes of vehicular travel, and includes the whole right-of-
way of the public entity maintaining said way, whether such right-of-way is paved or not.
U. “Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn
upon a highway, including devices used exclusively upon stationary rails or tracks, except for a device propelled
solely by human power.
V. “Weed” means any native vegetation growing in excess of six inches within a landscaped area in an
uncontrolled manner that may reasonably be determined to be detrimental or destructive and difficult to control
or eradicate and may spread to adjacent property. Interpretation is the same regardless of whether an owner or
occupant regards the vegetation as desirable. (20-20, Amended, 09/15/2020; 98-01, Amended, 01/15/1998)
Art. 10-2 Litter; Nuisances | Fountain Hills Town Code Page 3 of 3
The Fountain Hills Town Code is current through Ordinance 26-11, passed June 16, 2026.
Meeting Packet Page 279 of 296
The Fountain Hills Town Code is current through Ordinance 26-11, passed June 16, 2026.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact
the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by ICC Code Solutions.
Section 10-2-8 Deposit of Commercial Handbills on Public Property
No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or
other public place within the Town, nor shall any person hand out or distribute or sell any commercial handbill in
any public place, but nothing in this section shall be deemed to prohibit any person from handing out or
distributing on any sidewalk, street or other place within the Town, without charge to the receiver thereof, any
noncommercial handbill to any person willing to accept it.
Art. 10-2 Litter; Nuisances | Fountain Hills Town Code Page 1 of 1
The Fountain Hills Town Code is current through Ordinance 26-11, passed June 16, 2026.
Meeting Packet Page 280 of 296
The Fountain Hills Town Code is current through Ordinance 26-11, passed June 16, 2026.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact
the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by ICC Code Solutions.
Section 10-2-9 Handbills: Commercial and Noncommercial
A. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle, but it is
not unlawful on any public place for a person to hand out or distribute without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing to accept it.
B. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises
which are known, or should be known, to such person to be temporarily or continuously uninhabited or vacant.
C. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private
premises, if requested by anyone thereon not to do so, or if there is placed on the premises in a conspicuous
position near the entrance thereof, a sign bearing the words "No Trespassing", "No Peddlers or Agents", "No
Advertisement", or any similar notice, indicating in any manner that the occupants of said premises do not desire
to be molested or have their right of privacy disturbed, or to have any handbill left upon such premises.
D. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private
premises which are inhabited unless the handbill is so placed or deposited as to secure or prevent the handbill
from being blown or drifted about the premises or sidewalks, streets or other public places, and except that
mailboxes may not be so used when so prohibited by federal postal law or regulations. The provisions of this
section shall not apply to the distribution of mail by the United States nor of newspapers as defined by this article.
E. No person shall throw, deposit or distribute any commercial handbill in or upon private premises which are
inhabited except upon the acceptance thereof, or the express consent therefor, by an occupant of such premises.
Art. 10-2 Litter; Nuisances | Fountain Hills Town Code Page 1 of 1
The Fountain Hills Town Code is current through Ordinance 26-11, passed June 16, 2026.
Meeting Packet Page 281 of 296
ITEM 9.d.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
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)
CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2026-04,
increasing a stipend up to $750 per month for Council Members and increasing a stipend up
to $1,100 per month for the Mayor beginning December 1, 2026.
Staff Summary (background)
The Town of Fountain Hills Council adopted Resolution 1992-10 in April 1992, first
establishing compensation of $300 per month for Council Members and $400 per month for
the Mayor. Eight years later, in 2000, the Council adopted Resolution 2000-28, which
increased these amounts to $400 per month for Council Members and $600 per month for the
Mayor.
Town Code, Section 2-1-5 and ARS 9-232.01 allow for the Council to approve increased
monthly stipend amounts by resolution. At the May 6, 2025, regular meeting, the Town
Council considered a resolution (Resolution 2025-18) to increase stipends for Council
Members to $750 per month and for the Mayor to $1,100 per month. Resolution 2025-18
failed by a 3-4 Council vote on that night. However, the Council held further discussion on
this matter at the June 17, 2025, regular meeting and at the September 9, 2025, work session
discussing staff and council pay adjustments. At those subsequent meetings, several members
of the Council expressed interest in revisiting the possibility of increasing Council and Mayor
stipends beginning after the 2026 election. Additionally, the Council approved a Council
Travel Policy at the September 2, 2025, regular meeting which governs travel reimbursements
for any member of the Town Council.
Therefore, Town staff are presenting Resolution 2026-04 for Council consideration, which
increases stipends for Council Members to $750 per month, and the Mayor to $1,100 per
month beginning December 1, 2026 after the new Council is seated. Regardless of the
Council's vote on this resolution, another agenda item tonight relates to aligning Council
Member and Mayor's stipend adjustments with Town staff pay adjustments approved during
the budget process each fiscal year.
Related Ordinance, Policy or Guiding Principle
Town Code, Section 2-1-5; ARS 9-232.01
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Meeting Packet Page 282 of 296
N/A
Suggested Motion
MOVE TO approve Resolution 2026-04, proposing increased monthly stipends for the
Mayor at $1,100 and Council Members at $750 beginning December 1, 2026 after the new
Council is seated, and any necessary budget transfers
OR
MOVE TO deny Resolution 2026-04, proposing increased monthly stipends for the Mayor
and Council Members
FISCAL IMPACT
Fiscal Impact: $31,200 per year
Budget Reference: Mayor & Council Department
Funding Source: General Fund
ATTACHMENTS
1. Resolution 2026-04
2. Presentation
Meeting Packet Page 283 of 296
RESOLUTION 2026-04
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, PURSUANT TO ARIZONA REVISED STATUTES
SECTION 9-232.01 AND TOWN CODE 2-1-5 INCREASING A STIPEND UP TO
$750 PER MONTH FOR COUNCIL MEMBERS AND INCREASING A STIPEND
UP TO $1,100 PER MONTH FOR THE MAYOR
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That on July 6, 2000, the Town Council of the Town of Fountain Hills passed
Resolution 2000-28 establishing the current stipends for members of the Council.
SECTION 2. That Section 2-1-5 of the Fountain Hills Town Code provides that the stipends paid
to the Mayor and Council for service in office shall be fixed from time to time by resolution of the
Council.
SECTION 3. Pursuant to the authority under both state law and the Town Code, the following
stipends are hereby established beginning on December 1, 2026:
A. Each Council Member shall receive a stipend of $750 per month, or proportionate portion
thereof, served.
B. The Mayor shall receive a stipend of $1,100 per month, or proportionate portion thereof,
served.
The stipends established in this section are in lieu of any other salary or wages and other
incidental expenses.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this
1st day of September 2026.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
MAYOR TOWN CLERK
REVIEWED BY: APPROVED AS TO FORM:
TOWN MANAGER TOWN ATTORNEY
Meeting Packet Page 284 of 296
Council Base Stipends
Resolution 2026-04
Paul Soldinger, Chief Financial Officer
September 1, 2026
Meeting Packet Page 285 of 296
Council Base Stipends Background
•Mayor & Council compensation first established in April
1992
•$300 per month for Councilmembers
•$400 per month for the Mayor
•Compensation was adjusted in 2000 to current amounts:
•$400 per month for Councilmembers
•$600 per month for the Mayor
Meeting Packet Page 286 of 296
Council Base Stipends Background
•Town Code and ARS 9-232.01 allow for the Council to approve increased compensation by resolution
•The Town Council did not approve Resolution 2025-18 (by a 3-4 vote) at the May 6, 2025, regular meeting to increase the amounts to:
•$750 per month for Councilmembers
•$1,100 per month for the Mayor
•The Council held additional conversations on this subject during the June 17, 2025, regular meeting and the September 9, 2025, work session
•Several Councilmembers expressed interest in revisiting increasing the base amounts (beginning after the next election) and aligning annual Council pay adjustments with Town staff pay adjustments
Meeting Packet Page 287 of 296
Council Base Stipends –Resolution 2026-04
•Resolution 2026-04 revisits the idea of increasing base stipend amounts to the following amounts beginning December 2026:
•$750 per month for Councilmembers
•$1,100 per month for the Mayor
•Another agenda item will discuss aligning annual adjustments with Town staff
Meeting Packet Page 288 of 296
Questions &
Comments?
Meeting Packet Page 289 of 296
ITEM 9.e.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 9/1/2026
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)
CONSIDERATION AND POSSIBLE ACTION: Regarding Resolution 2026-05, aligning
annual Council stipend adjustments with Town staff pay adjustments.
Staff Summary (background)
Town Code, Section 2-1-5 and ARS 9-232.01 allow for the Council to approve increased
monthly stipend amounts by resolution. The Town Council held discussions on this matter at
the June 17, 2025, regular meeting and at the September 9, 2025, work session discussing
staff and council pay adjustments. At those meetings, several members of the Council
expressed interest in aligning annual Council and Mayor stipend adjustments with Town staff
pay adjustments approved through each annual budget process. These proposed annual
stipend adjustments for the Council would begin in the fiscal year following the new Council
being seated in December 2026 (Fiscal Year 2028). Additionally, the Council approved a
Council Travel Policy at the September 2, 2025, regular meeting which governs travel
reimbursements for any member of the Town Council.
Therefore, Town staff drafted Resolution 2026-05 for Council consideration, which provides
that the stipends for Council Members and the Mayor would be increased on the effective
date and by the same percentage as Council approved salary adjustments (Annual General
Adjustment - AGA) for Town employees from and after December 2026.
Related Ordinance, Policy or Guiding Principle
Town Code, Section 2-1-5; ARS 9-232.01
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
Suggested Motion
MOVE TO approve Resolution 2026-05, proposing an annual stipend adjustment for the
Mayor and Council Members at the same rate applied to Town staff compensation effective
from and after December 2026
OR
MOVE TO deny Resolution 2026-05, proposing annual Mayor and Council Member stipend
adjustments
FISCAL IMPACT
Meeting Packet Page 290 of 296
Fiscal Impact: Annual increases would apply to base stipend amounts.
Budget Reference: Mayor & Council Department
Funding Source: General Fund
ATTACHMENTS
1. Resolution 2026-05
2. Presentation
Meeting Packet Page 291 of 296
RESOLUTION 2026-05
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, PURSUANT TO ARIZONA REVISED STATUTES
SECTION 9-232.01 AND TOWN CODE 2-1-5 ESTABLISHING AN ANNUAL
STIPEND ADJUSTMENT FOR COUNCIL MEMBERS AND THE MAYOR AT
THE SAME RATE APPLIED TO TOWN STAFF COMPENSATION
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. That Section 2-1-5 of the Fountain Hills Town Code provides that the stipends paid
to the Mayor and Council for service in office shall be fixed from time to time by resolution of the
Council.
SECTION 2. The Council approves a final budget for the Town each fiscal year that may include
a salary adjustment for all Town employees, except those with individual employment contracts.
SECTION 3. Pursuant to the authority under both state law and the Town Code, from and after
December 1, 2026, the stipends for Council Members and the Mayor shall be increased on the
effective date and by the same percentage as Council approved salary adjustments for all Town
employees, except those with individual employment contracts.
The stipends and any adjustments to them pursuant to this section are in lieu of any other
increased salary or wages and other incidental expenses.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, this
1st day of September 2026.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
MAYOR TOWN CLERK
REVIEWED BY: APPROVED AS TO FORM:
TOWN MANAGER TOWN ATTORNEY
Meeting Packet Page 292 of 296
Council Stipends Annual
Adjustments
Resolution 2026-05
Paul Soldinger, Chief Financial Officer
September 1, 2026
Meeting Packet Page 293 of 296
Council Annual Adjustments Background
•Town Code and ARS 9-232.01 allow for the Council to approve increased compensation by resolution
•The Town Council typically approves a Town staff pay Annual General Adjustment (AGA) through the annual budget process.
•However, the Council stipends have not received annual adjustments.
•The Council held conversations on this subject during the June 17, 2025, regular meeting and the September 9, 2025, work session
•Several Councilmembers expressed interest in aligning annual Council pay adjustments with Town staff pay adjustments
Meeting Packet Page 294 of 296
Council Annual Adjustments– Resolution 2026-05
•Resolution 2026-05 introduces the idea of aligning
annual increases between Council stipends and annual
Town staff pay adjustments:
•Beginning with the Fiscal Year 2028, Council stipends would be
increased by the same percentage as Council-approved salary
adjustments for employees
Meeting Packet Page 295 of 296
Questions &
Comments?
Meeting Packet Page 296 of 296