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HomeMy WebLinkAbout2022.0517.TCRM.Agenda.Packet            NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS TOWN COUNCIL      Mayor Ginny Dickey Vice Mayor Gerry Friedel Councilmember Sharron Grzybowski Councilmember Alan Magazine Councilmember Peggy McMahon Councilmember Mike Scharnow Councilmember David Spelich    TIME:5:30 P.M. – REGULAR MEETING WHEN:TUESDAY, MAY 17, 2022 WHERE:   FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT The public is welcome to participate in Council meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Council. Verbal comments should be directed through the Presiding Officer and not to individual Councilmembers. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Town Clerk prior to discussion, if possible. TO COMMENT IN WRITING ONLINE : Please feel free to provide your comments by visiting  https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting . These comments will be shared with the Town Council.         NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S. §38-431.03(A)(3).             1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey     2.MOMENT OF SILENCE     3.ROLL CALL – Mayor Dickey     4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER     A.RECOGNITION: Stellar Students of the Month for April 2022.    B.PROCLAMATION: Police Week | May 11 through 17, 2022     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS     A.PRESENTATION: Mayor's Youth Council     B.PRESENTATION: Update from the Citizen Streets Committee.    C.PRESENTATION: Economic Development - Third Quarter Update     6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.     7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.        Town Council Regular Meeting of May 17, 2022 2 of 4   A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Council Retreat of February 22, 2022; the CIP Workshop of March 22, 2022; the Regular Meeting of April 19, 2022; the Special Meeting of May 3, 2022; and the Regular Meeting of May 3, 2022.     B.CONSIDERATION AND POSSIBLE ACTION:  Resolution 2022-27 designating the Town's Economic Development Department/Tourism Division as the Destination Marketing Organization (DMO) and approving the Town Manager as the authorized signatory for the Arizona Office of Tourism.     C.CONSIDERATION AND POSSIBLE ACTION:  Approval of the Final Condominium Plat for Motor Vault Fountain Hills Luxury Garages, a 31 Unit condominium subdivision at 11843 N. Desert Vista Drive (northeast corner of Desert Vista and Saxon). Case #FNP22-000001     8.REGULAR AGENDA     A.CONSIDERATION AND POSSIBLE ACTION: Appointment to the Strategic Planning Advisory Commission.     B.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-24 adopting the Fee Reduction and Waiver Policy.     C.CONSIDERATION AND POSSIBLE ACTION: Approving  Professional Services Agreement 2022-075 with M. R. Tanner Development and Construction, Inc. for Pavement Preservation Treatments.     D.CONSIDERATION AND POSSIBLE ACTION: approving staff to seek and apply for grants from the Maricopa County Flood Control District (MCFCD).     E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-071 with Shums Coda for 3rd party plan review and inspection services for Phases II and III of Park Place.     F.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-29, First Amendment to the Development Agreement between the Town and N-Shea Group, LLC and Park Place Properties, LLC.      G.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-25 extending the contract with Maricopa County Sheriff's Office (MCSO) for law enforcement services until June 30, 2023.     H.DISCUSSION WITH POSSIBLE DIRECTION: Relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.        Town Council Regular Meeting of May 17, 2022 3 of 4 Town Council Regular Meeting of May 17, 2022 4 of 4 9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s)listed below are related only to the propriety of(i)placing such item(s)on a future agenda for action,or (ii)directing staff to conduct further research and report back to the Council. 10. ADJOURNMENT CERTIFICATE OF POSTING OF NOTICE 1 The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Town Council with the Town Clerk. Dated is la day ofa ,2022. ti Elizabeth A in, MMC, n Clerk jt I The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 480-816-5199(voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain I agenda information in large print format.Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's Office. I ITEM 4. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Reports                  Submitting Department: Administration Prepared by: Angela Padgett-Espiritu, Executive Assistant to Manager, Mayor/Council Staff Contact Information: Request to Town Council Regular Meeting (Agenda Language):  PROCLAMATION: Police Week | May 11 through 17, 2022 Staff Summary (Background) Mayor Dickey will be proclaiming May 11 through 17, 2022, as Police Week. Attachments Proclamation - Police Week  Form Review Inbox Reviewed By Date Finance Director David Pock 05/11/2022 11:43 AM Town Attorney Aaron D. Arnson 05/11/2022 11:45 AM Town Manager Grady E. Miller 05/11/2022 11:47 AM Form Started By: Angela Padgett-Espiritu Started On: 05/11/2022 11:23 AM Final Approval Date: 05/11/2022  ITEM 5. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations                   Submitting Department: Administration Prepared by: Grady E. Miller, Town Manager Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Update from the Citizen Streets Committee. Staff Summary (Background) At the 2021 Town Council retreat, staff recommended that the Town Council consider a citizen committee to review and develop recommendations relating to the town's long-term street needs.  During the summer of 2021 staff advertised and promoted the streets committee and thirteen residents submitted letters of interest to serve on the committee.  All of the residents who applied were invited to serve on the committee which began meeting monthly in September.  The town is very fortunate to have such a high caliber of residents serving on the citizen streets committee on streets.  The committee is comprised of residents who have backgrounds in streets, public works, engineering, business, human resources, marketing, local government, and other areas that have positively contributed to the process.  The committee members are as follows:  Buck Haworth, Kim Colenso, Karl Manthe,  Gregg Dudash, Christopher Plumb, Jerry Butler, Dean Hughson, George Mitchell, Bernie Hoenle, Gary Salavitch, Jeffrey Kerr, Joe Mueller, and Mark Graham.  While the committee has not completed its review yet, committee member and designated spokesperson, Mark Graham, will be providing an update on the process and will share preliminary findings with the Town Council at its meeting on May 17, 2022. The plan is for the committee to develop and present a report in the near future that includes its findings, recommendations, and strategies for addressing the town's long-term streets needs.  Form Review Inbox Reviewed By Date Finance Director Elizabeth A. Klein 05/10/2022 05:10 PM Town Attorney Elizabeth A. Klein 05/10/2022 05:11 PM Town Manager (Originator)Elizabeth A. Klein 05/10/2022 05:11 PM Form Started By: Grady E. Miller Started On: 05/05/2022 03:52 PM Final Approval Date: 05/10/2022  ITEM 5. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Public Appearances/Presentations                   Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  PRESENTATION: Economic Development - Third Quarter Update  Staff Summary (Background) Economic Development Director Amanda Jacobs will be presenting an Economic Development Update to the Town Council at its meeting on May 17, 2022.  The presentation will include town efforts to date on business attraction, business retention and expansion, marketing, advertising, tourism, strategic partnerships, and implementation of the Non-Profit Grant Program.   Attachments EcDev 3rd Quarter Update  Form Review Inbox Reviewed By Date Finance Director David Pock 05/03/2022 08:57 AM Town Attorney Aaron D. Arnson 05/04/2022 11:15 AM Town Manager Grady E. Miller 05/04/2022 08:05 PM Form Started By: Amanda Jacobs Started On: 04/25/2022 06:04 PM Final Approval Date: 05/04/2022  TO WN O F F O UNTAIN H ILLS WWW.FOUNTAINHILLSAZ.GOV Economic Development Third Quarter Update Presented by: Amanda Jacobs, Economic Development Director WWW.FOUNTAINHILLSAZ.GOV Business Attraction •Havenly •Leasing Phase III •Honor Health •Lash A Gogo •Mathnasium •Parkview Hair Salon WWW.FOUNTAINHILLSAZ.GOV Business Attraction •Dutch Bros. (Coming Soon) •Manny’s at Park Place (Coming Soon) •Spacefit (Coming Soon) •Veeta’s Vegan (Coming Soon) WWW.FOUNTAINHILLSAZ.GOV Business Retention and Expansion •Relocations •A to Z Reruns •Desert Title and Tag MVD Services •Business Retention and Expansion Program •Downtown Walk •Shop Local Social Media/Print Campaign WWW.FOUNTAINHILLSAZ.GOV Non -Profit Grant Program •Deadline: January 24 –April 29, 2022 •30+ Applications WWW.FOUNTAINHILLSAZ.GOV Advertising •Fresh, new print ads •Print/digital ads •Waste Management Open •Canadian News •Play Ball •USA Today’s Cactus League •Scoreboard Advertising •PHX Mesa Gateway WWW.FOUNTAINHILLSAZ.GOV Marketing •Branding/Messaging •Businesses •Residents •Visitors •Downtown Street Banners WWW.FOUNTAINHILLSAZ.GOV Partnerships •Arizona Association for Economic Development •Arizona Small Business Association •Fort McDowell Yavapai Nation •Fountain Hills Chamber of Commerce •Greater Phoenix Economic Council WWW.FOUNTAINHILLSAZ.GOV Tourism •50,000 unique page views •Home page •Events •Fountain •Major Events •8,000 attendees (Irish Fountain Fest) •7,000 attendees (Music Fest) WWW.FOUNTAINHILLSAZ.GOV Tourism (continued) •Hotel Occupancy: 70+% •“Stay Fountain Hills” Summer Social Media Campaign TO WN O F F O UNTAIN H ILLS WWW.FOUNTAINHILLSAZ.GOV Questions? ITEM 7. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent                  Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Elizabeth A. Klein, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Council Retreat of February 22, 2022; the CIP Workshop of March 22, 2022; the Regular Meeting of April 19, 2022; the Special Meeting of May 3, 2022; and the Regular Meeting of May 3, 2022. 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 Budget Workshop of February 22, 2022; the CIP Workshop of March 22, 2022; the Regular Meeting of April 19, 2022; the Special Meeting of May 3, 2022; and the Regular Meeting of May 3, 2022. SUGGESTED MOTION MOVE to approve the minutes of the Budget Workshop of February 22, 2022; the CIP Workshop of March 22, 2022; the Regular Meeting of April 19, 2022; the Special Meeting of May 3, 2022; and the Regular Meeting of May 3, 2022.  Attachments 02.22.2022 Council Retreat  03.22.2022 CIP Workshop  04.19.2022 Regular Meeting  05.03.2022 Special Meeting  05.03.2022.Regular Meeting  Form Review Form Started By: Elizabeth A. Klein Started On: 05/05/2022 07:56 AM Final Approval Date: 05/05/2022  TOWN OF FOUNTAIN HILLS MINUTES OF THE COUNCIL RETREAT OF THE FOUNTAIN HILLS TOWN COUNCIL FEBRUARY 22, 2022                  1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called the Council Retreat of the Fountain Hills Town Council held February 22, 2022, to order at 8:30 a.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David Spelich; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Vice Mayor Alan Magazine  Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Klein  3.Overview and Key Findings from the Citizen Satisfaction of Services Survey      4.FY22 Financial Update & FY23 Financial Preview      5.Update on FY22 CIP and Preview of FY23 CIP      6.Facilities Reserve Plan Update.     7.Proposed Establishment of a Culture and Preservation Commission      8.Update on Law Enforcement and Fire Services Evaluations      9.American Rescue Plan Act (ARPA) and Recommended Uses of General Fund Savings      10.Update on the Citizen Committee on Long-Term Streets Needs      11.An Overview and Discussion of Requirements Relating to Detoxification Facilities and Group Homes      12.Review and Discuss Possible Code Amendments Needed to Keep Town Codes up to Date      13.Update on Enforcement Actions under the Updated Sign Ordinance      14.Update on Possible Town of Fountain Hills Membership in the Arizona State Retirement       14.Update on Possible Town of Fountain Hills Membership in the Arizona State Retirement System      15.Proposed Community Branding Project to Provide the Town of Fountain Hills with a Marketing Theme and Strategy to Promote the Community      16.Discussion Regarding a Possible Short-Term Lease of Four Peaks Elementary School for Continuation of the Biz Hub Business Accelerator and Other Town Uses      17.Sunridge Neighborhood Park Survey Results and Possible Council Direction      18.ADJOURNMENT    The Council Retreat of the Fountain Hills Town Council held February 22, 2022, adjourned at 3:50 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor                ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Klein, Town Clerk       Town Council Retreat of February 22, 2022 2 of 2 TOWN OF FOUNTAIN HILLS Page 1 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 1 of 168 Post-Production File Town of Fountain Hills February 22, 2022 Council Retreat Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 2 of 168 MAYOR DICKEY: Good morning, everyone. Thank you so much for being here. I know -- well, most of you sort of have to be here, but thank you anyway. Same with us, right? Appreciate it very much. We'll do roll call, please? TOWN CLERK KLEIN: Mayor Dickey? MAYOR DICKEY: Here. TOWN CLERK KLEIN: VICE MAYOR MAGAZINE? VICE TOWN CLERK KLEIN: Councilmember McMahon? COUNCILMEMBER MCMAHON: Here. TOWN CLERK KLEIN: Councilmember Friedel? COUNCILMEMBER FRIEDEL: Present. TOWN CLERK KLEIN: Councilmember Scharnow? COUNCILMEMBER SCHARNOW: Here. TOWN CLERK KLEIN: Councilmember Spelich? COUNCILMEMBER SPELICH: Present. TOWN CLERK KLEIN: Councilmember Grzybowski? COUNCILMEMBER GRZYBOWSKI: Present. MAYOR DICKEY: Thank you, all. Grady, did you want to -- TOWN MANAGER MILLER: I do, Mayor. I just have a few words to say. First of all, thank you. Thank you to the Council and to the staff who are all here today. Just have a few words to say. First of all, don't freak out by looking at the 17-item agenda before you. There are probably about six of the items that are what I would call fast-track-type updates that we're going to probably try to spend about five minutes on. These are already projects that are alread y in progress, that you're already aware of, so we're just going to tell you where we are in that stage of the project. The other thing I wanted to point out is, I just heard someone kind of laugh earlier about the white tablecloths and how we kind of classed things up this year. The thing that is very disappointing is that what we try to do is we try to in the past have the Council and the staff sit together. And we really prefer to do that if we could. The issue is is that the camera equipment in this room isn't optimized for it. And we tried doing this at the community center a few years ago, which I would actually prefer the community center because it's very much very open and transparent. But it's just not -- it was horrible. If TOWN OF FOUNTAIN HILLS Page 3 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 3 of 168 you remember the videos that came out of it. The audio you couldn't really hear. So we're back to this room, and this is a new setup. We're not really thrilled with it. I'm thrilled in terms of at least it gives the staff a good opportunity to have a good seat and see us. But we're going to try to return next year to the U-shape that was in front of the screen. And we're going to see if we can either rent or purchase a couple cameras that we can do. But we didn't have the ability -- these cameras are all fixed in place and we couldn't do that this year, so we'll try to go back to that. It's all about transparency, and we really want to make sure that our residents have an opportunity to see the Council at work. So the last thing I just wanted to reiterate is, we do these meetings once a year to talk about what we would consider to be strategic issues. We try to get to spend a full day on addressing items that we just don't have the time to do at a regular Council meeting. And that's really the purpose of why we're here today. So with that, I'll go ahead and turn it over to the Mayor. I think the Mayor might have had some words to say, as well. MAYOR DICKEY: Thank you. Just glad that you mentioned the transparency, because I know when I first came on it wasn't just the retreat, but all of the work-study sessions and such, and it kind of forced us to change our setup. But I think in the long run it's more important to be able to have these things online so that people can watch them. So that was a change that we made that every year we kind of figure it out a little bit more. And then, in addition, we talked about some of the commissions will be that way, too. But as we work it out, it's all in an effort to make sure everybody gets a chance to hear and see what's going on. So I think our -- we'll go one by one, obviously, and we'll try with having, like a meeting, where you tell me if you're going to speak. But, you know, it's more informal. We don't have -- you know, it's not the same. We're not taking any action. So I want everybody to feel free to speak. If it seems like we're doing it more than one at a time, like, with a view or something, we'll get it through. But again, thank you, all. I know that, just like with the state of the town, getting to this point is such a big deal. You know, you have a lot of work to do. A lot of looking back, a lot of present, and a lot of looking forward. So I really appreciate us all being here and putting the time and effort into this most TOWN OF FOUNTAIN HILLS Page 4 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 4 of 168 important thing that we do. And our first item -- Grady, do you want to introduce it? MANAGER MILLER: I do. So Mayor and Council, this has been a big priority for some time, and that is to have a citizen satisfaction survey regarding town services. This is important from a couple different standpoints. One is, it helps us hear back from our residents how we're doing on the delivery of our services. Secondly, it also helps as we also had a question in there which the pollster is actually here today and is going to actually give the presentation -- but we also had questions. If we were to have to get into a cost-cutting mode, what would the services be that the residents, in priority order, would recommend cutting. So again, this is a very good -- what I would call a baseline survey. I have used ETC when I was in Peoria and also another community in Rhode Island. I noticed that the town actually used ETC probably 15 years ago for some other work. So this is a familiar firm, both to myself, but also the Town of Fountain Hills having used this firm before. With that, I'm going to turn it over to Bo, who will just kind of explain briefly a little bit about what we were trying to accomplish. And then, he'll introduce Ryan Murray of the ETC Institute. With that, I'll turn it over to Mr. -- our community relations manager. BO LARSEN: It's early. LARSEN: Wink Martindale here. Okay. Am I on now? All right. Mayor and Council, I'll start over. We started working with ETC after last year's approval of the budget in July. And we launched the community survey in October after several months of finalizing the types of questions that would work for our town so we can get the understanding of the types of things that we want to work on moving forward in the future. Obviously, this is streets; this is community services, trying to get different opinions of what our residents would want to know. And also, what we want to know so that in a couple years when we do this again, another survey, we know we can show how we're improving in those areas once we know what residents really want us to improve in. MAYOR DICKEY: Can I ask you real quickly? Have we done this before in a large TOWN OF FOUNTAIN HILLS Page 5 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 5 of 168 scale like this, Grady? MANAGER MILLER: Not a generalized one. We have done it previously on specific issues that the town was surveying residents about, but we've not done a very broad generalized-type survey like this. The first time that we've done one. Now, Vision Fountain Hills actually did one, and it was good from an anecdotal standpoint, but it wasn't a statistically valid survey, nor was it tested. And this firm, actually -- what's really good about this firm in addition to doing these for municipalities -- that's their primary clientele -- they also have benchmarking data, which I think all of you saw, which compares how we -- our residents felt about the questions or their sentiments compared to the other cities of similar size and complexity. LARSEN: Yes. So with some of that background, this budget, so you know -- because I'm sure it's going to be a question -- it cost us 18,500. We had in our budget $20,000 for this, and so we were in line with our budget expectations. And without further ado, I'm going to introduce Ryan Murray. He's with the ETC group. He's from Kansas, actually lives in Missouri, so I have a kindred spirit. And so Ryan, would you mind coming up? MURRAY: Yeah. Hi. Hi. Thank you, Mayor. Thank you, Council. It's a pleasure to be here. I'll be here on Tuesday next week as well. So you know, you can gear up today for the tough questions to put me on the spot in front of the Town Council again. But it's a pleasure to be here. As Grady -- Mr. MANAGER MILLER and Mr. Larson had mentioned -- we've worked in the town before but never on kind of a general community satisfaction survey such as this. So for those of you aren't familiar with ETC Institute -- and I'm going far too many slides, I think here. Nope. All right. We're really the national leader in market research for governmental organizations. And so most of our clientele are municipalities as well as some county organizations. Tempe is a client of ours. Mag (ph.) has been a client of ours. So we have -- do a lot of work within the governmental sphere. And most of our work, if not all of it, is statistically valid survey work, and we have quite the clientele list throughout the country here. And I have done something. Let me see if this will just work. All right. I apologize. There we go. All right. So now, I've got this figured out. So the purpose of our survey -- and most of our surveys -- are really to objectively assess satisfaction. So we want to ask questions in general terms, just generally understanding TOWN OF FOUNTAIN HILLS Page 6 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 6 of 168 satisfaction and perceptions of town values and services. Beyond that, our firm has the ability to compare your results, both regionally and nationally to results, and you'll find that in your full report. And then we help determine priorities for the community. So had, you know, even everyone in the community given just phenomenal marks across the board for each one of these items, we still would've developed priorities for the community. And I think that one of the major takeaways today is that the results are actually very good, and we'll talk about that just here in the next slide. As I mentioned, this was the first community survey administered for the town. We administer these surveys primarily by mail and online. And that includes text message, email follow-ups. If we would've needed, we could've sent out a post card to remind residents to participate. But the response rate here was just really, really great. So when we do these surveys we know how many surveys typically will yield our goal. And so when we get over our goal, it means that the community is really interested in participating. We had 465 completed surveys. Our goal was 400 completed surveys. What that gives us is a margin of error of about 5 percent -- 4 1/2 percent with a 95 percent level of confidence, which really means that if we were to have conducted the research 100 times, 95 out of 100 times, we're going to get these same results, plus or minus our margin of error for those questions. We also geolocate or geocode the home address of each respondent. If anybody on the Council or the Mayor's took the survey, the last question of the survey required you to put your home address in. We wanted to make sure your address was, one, selected for the random sample and two, most definitely in the Town of Fountain Hills. And as you can see, we have a great dispersion of responses from throughout the town. So some of those areas are not populated, but what we want to see is a fairly even distribution across all town neighborhoods and we don't want a concentration of responses coming from one in particular area. And so we're going to map these as the survey's conducted. But really, it's to ensure that we've dispersed the surveys evenly, because sometimes the randomized methodology can have you concentrated surveys by random. So we want to make sure we're collecting those at a good clip from throughout the community. Oh, I apologize here. I think I've gone forward one too many slides here. I apologize. I TOWN OF FOUNTAIN HILLS Page 7 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 7 of 168 can use the arrows. All right. So we did that. We did methodology. I apologize here. It is early. So the bottom line up front, if you take away nothing else from today's presentation, it should be that the town performed very well in these results. Almost 95 percent of residents gave a excellent or good rating when rating the quality of life in the community. Almost 80 percent indicated that it was an excellent place or good place where you're delivering services. And as we can see in some of the further slides as I'll get into those, you're really equitably providing those services across all town areas. So most residents, regardless of where you live, are generally satisfied with the quality of life and the level of service that you're providing. One of the other takeaways here should be that you're performing significantly higher than other communities, according to our benchmark, in a number of areas. So 33 of the 41 areas we were able to assess were significantly above our national average. And the overall quality of life in the community rated almost 14 percentage points above our national average, which is just really phenomenal. As I mentioned at the top, the purpose of the survey was to develop priorities. You'll see some of this later on in the presentation. It's really maintenance of streets and infrastructure, town's codes and ordinances -- and we'll talk a little bit more about why that one's so difficult -- and communication with the public moving forward. When we get to perceptions, as I've already alluded to, the perceptions are extremely high. As we review these tables and charts out to the left are going to be my positive responses. Those are usually going to be shaded in blue -- it's either excellent or good or very satisfied and satisfied. Neutral responses are shaded in MANAGER MILLER and anything in the negative scale -- 1s and 2s -- are usually going to be shaded in that red and pink. In order to interpret these charts, I always like to kind of put some context to the neutral responses. Neutral responses are residents who had an opinion that wasn't negative or positive. They had experienced the service. They believe that they have some intuition on what's going on in that particular value, but they don't necessarily -- or haven't had a perception made upon them. So those are sway voters there. So as you'll see down towards the bottom, leadership of town elected officials. So you're performing relatively TOWN OF FOUNTAIN HILLS Page 8 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 8 of 168 well. About 50 percent of respondents indicated they're satisfied with that particular item. But you've got one-third of your population who's kind of in that swing category who probably just don't have enough information to make an informed decision into the positive or to the negative. And instead of selecting "don't know", they gave a more neutral response. MAYOR DICKEY: Can I ask you about that? So with the comparisons to other cities, did we get a lot of neutral answers? MURRAY: No. I wouldn't say you've received significantly more neutral responses from other folks, but I do feel like additional communication and outreach in key areas, specifically, some of those top priorities for improvement, will be important in the future. We found that there's been a direct correlation -- and we're working with Kansas State University and their data analytics program -- to do some of this. They're putting some of our historical results into AI machine learning programs, and what they found is a dramatic correlation between positive communication scores and positive scores generally in our perceptions questions. So what we found is that as communication increases and communication scores increases as the community becomes the top communication source for residents and as we're able to communicate effectively with those folks, communication will drive the rest of the scores in these particular areas. And so we think that's a really important area to focus on. In a couple slides, we'll see that residents indicated that was one of the areas that they'd be okay with us taking away from. But we'll also see that there was lower levels of satisfaction with some pretty big groups of neutral for a couple of those areas as well. MAYOR DICKEY: That's kind of what I'm asking, is with a community that has maybe the age or the who's working, who isn't working, or there's a lot of kind of cross-tab stuff there that I wondered if it's a matter of they're just living their lives, and they don't really know if we have programs for kids, for example. But it doesn't affect them one way or the other so -- MURRAY: Yeah. MAYOR DICKEY: -- I'd want to get a little bit more understanding about whether that has to do with communication or just that they're just kind of going along and just don't really know a lot about some of these items. TOWN OF FOUNTAIN HILLS Page 9 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 9 of 168 MURRAY: I would say it is more that folks are kind of living their lives and don't necessarily have the time to interact. I was speaking with somebody in the audience who said, you know, I've got all these extracurriculars -- I haven't been able to participate in boards or committees and things like that. And so I think there's a lot of residents, probably, in Fountain Hills with children or extracurriculars and they just don't have the opportunity, you know, to watch the meeting this morning or to sit down this evening and to rewatch it or to watch Council's meeting next week. So there's a lot of folks who just don't have the time. One thing to keep in mind is that these results for leadership of elected officials have been tested quite a bit the last couple of years -- police ratings as well. Folks are generally less satisfied but not for any particular reason as to what we found. It seems to be general perceptions, probably from larger news media sources, kind of beating up those folks in the local coverage and things like that from time to time. And we've seen that across the country. And because this is a baseline, I would caution us to think that this is kind of where we're at, and you know, hopefully we don't go down. It's more like we'll probably regress towards the mean, you know, in an upwards motions later on. MAYOR DICKEY: And that's the other question -- and I'll get to you, Gerry -- but the you know, the whole pandemic and all of these are being looked at in 2021, I think, so might have a little bit of a different -- Gerry? COUNCILMEMBER FRIEDEL: Do we have any age demographic breakdown of these responses? MURRAY: Yeah. So ahead of next week's meeting I can definitely do that. I'll run some statistical testing on those and bring anything pertinent to the group, make sure that we focus on that. COUNCILMEMBER FRIEDEL: Okay. Thank you. VICE MAYOR MAGAZINE: Yeah. MAYOR DICKEY: Vice Mayor? VICE MAYOR MAGAZINE: A quick question. Overall quality of life is about 94 percent, which is excellent or good, but roads and relationship with the town citizens is very low. How does that skew the 94 percent? Any idea? MURRAY: So one thing that I was talking with Bo about earlier and on the phone as we TOWN OF FOUNTAIN HILLS Page 10 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 10 of 168 were reviewing the results, you're in a unique position where you're in a really, really great community and folks are telling you that, hey, the quality of life here is fantastic. What that comes along with is a lot of high expectations. So folks have quite the expectations for you all. So even a minor slipup in our maintenance of streets -- even a single pothole -- can have a dramatic impact on our perceptions of how you're maintaining that one specific service area. But folks were generally -- and I think that there's really no -- there's nothing to tell us anything other than folks really enjoy living here. There's just some areas. And they expect you to probably move on some of those areas that they've told us they're less satisfied with in these charts. Yeah. MANAGER MILLER: And Ryan and Bo and I had talked about the other aspect, which is I believe you could just really translate the high regards for those scores back to the Council. Because they're the ones that are actually funding a lot of the programs and services. And so there is the cause and effect on that. So while the individual questions may not really rise as high or do not have as high of a score rating, certainly there is that ability to translate that indirectly to the elected officials here. MURRAY: And as we know, everybody, you know -- the room is not full. It was an open meeting. I'm sure it was well-publicized within the community. Folks, you know, may be online, but folks don't drive, you know, to these meetings and they don't come in great numbers to these meetings unless there's something really pertinent or they're being recognized. So one thing to keep in mind is that they have high expectations. They're really satisfied with what's currently going on here. They've told us some nitpicky things, in my opinion, just based on some of the other communities, such as Tempe, that I work with. And they'd like you to fix them and pay attention to those, but not everybody has the time to be completely informed of what goes on in these chambers. And I think that that's kind of clear in some of these neutral responses on this particular slide here. So in addition to the dot map that we've provided, and kind of transitioning to this slide is difficult, but what we've done is we've shaded each one of these areas based on the mean average or mean or average rating that was given within each question. So this is the overall quality of life in the town. As you can see, this is where I alluded to your equitably distributing services to all members of the community. There is one particular area that kind of averaged out to the good response, 4.2 to 3.4 versus that 4.2 to 5, but for TOWN OF FOUNTAIN HILLS Page 11 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 11 of 168 the vast majority of residents in your community, folks are rating you very highly in that area. Same with overall appearance of the town. That one zone that was shaded a little bit lighter blue previously is now shading neutral. So those folks just kind of have that higher level of standard there for their responses. And as you can go back to the dot map and see, there aren't a ton of residential -- or there weren't a ton of responses in that area, so it's some responses impacting that average rating there. But these maps are great for public works folks, parks and rec folks, to understand where there might be problem areas or where there might be lower levels of satisfaction or excellent, good ratings throughout the town. Again, keeping in mind, these are averaged based on all of the responses within those black boundaries that are shown there. This is overall level of satisfaction with the quality of town services. So this is kind of the litany -- the big grouping of services that you have here. As you can see, fewer neutral responses, which means folks do have some indication as to what's going on here. Starting at the bottom one, enforcement of town codes and ordinances -- that's a really difficult one. Folks that indicated they're satisfied likely either were not called to be enforced upon or called for somebody else to be enforced upon and had that actually follow through. So that person actually had to change some of their behaviors or do something to their physical property, probably. The folks that are dissatisfied are likely the folks that were enforced upon or did not have their request granted, so hey, I think that is not happening and that should not happen, but, you know, it's not against regulation. That is a tough one. Anybody that knows about codes enforcement, that's a tough issue to get right in a community. It's one of our top priorities for improvement because of the lower levels of satisfaction, and it's also relatively important to respondents. We go up one, maintenance of Fountain Hills streets and infrastructure. Relatively good levels of satisfaction there, ranging about 50 percent of folks are satisfied. But it received the highest level of dissatisfaction in that particular area. And then effectiveness of town communication with the public. As we'll see later in the slides, the Fountain Hills Times is really the primary source of information, followed by word of mouth. But folks would probably rather see more information from your website TOWN OF FOUNTAIN HILLS Page 12 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 12 of 168 and more information straight from Council or from the source. Yeah, please? COUNCILMEMBER MCMAHON: I have a question, if you don't mind. It seems like there's a contradiction going on about communication. Because on the Q3 slide page, it says, "Residents were asked to rate if the town needed to reduce or eliminate major services, which three services would they be most willing for the town to reduce and eliminate?" Well, the last one is -- after the library and ordinances -- it says, "Ineffectiveness of the town's communication with the public at about 30 percent." So to me that seems like a contradiction. If they're complaining about the lack of transparency and communication, how did we get to this place where they want to reduce it as a service? MURRAY: Yeah. And I think that's because they'd rather see you reduce communication than not fix our roads. Or reduce communication versus -- and so I think the juxtaposition here is important to understand of the other services that were on this list. So would you put fire protection above libraries or communication? So I think when reviewing this question the items that are at the top make sense because you wouldn't want a reduction in your public safety services or your public work services. You wouldn't want to see a reduction in sheriff's services, so you've selected the items that are likely going to have the least impact on your, you know, day-to-day life, which would be library services, which we know go underutilized in a majority of communities, followed by two other community services that don't have a great impact on your daily life. So that's why -- COUNCILMEMBER MCMAHON: I understand that, but it still seems contradictory given the negative content we are used to seeing and receiving in lack of transparency, et cetera, et cetera. I guess, to me, it just seems skewered there. MURRAY: Yeah. I think after reviewing so much of this data, we don't ask this question typically. So it's an interesting -- it's an interesting question to ask. So what we've done is that we've asked residents to rate the quality of the services, rate which ones should receive the most emphasis, and then which ones, if needed, should see a reduction in service. But if you take a close look at this list, personally, I wouldn't put anything, you know, below those top three, because I don't want to see a reduction in my own town's public safety services or flow of traffic or parks and recreation or garbage. TOWN OF FOUNTAIN HILLS Page 13 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 13 of 168 So those are front door-type items, where codes and maintenance and effective communication and library services are kind of in the backyard of everybody's mind. So I think that, yes, there was some, like you said, some kind of bashing of those results that didn't make a lot of sense, why we're seeing, you know, lower levels of satisfaction in a slide previously, and then, now, hey, you want to reduce services? But it's really, if I had to choose which services would be reduced, I'd pick the ones that had the least impact on my day-to-day life. So I think that's what we're seeing in question three here. And so while we do get feedback about transparency quite frequently, I think one thing for Council to keep in mind is that we're hearing from the aggregate public here. And so we hear frequently from the folks that know us closely or know our roles in the community. So you're probably frequently seeing comments online or talking to people in the community that know you're a councilmember and know what type of topics to drive with you. The same for everybody else, you're hearing about you're not being transparent, but in the greater aggregate group of the community, it's likely not the same, you know, it's not the same issue. Am I missing a question? COUNCILMEMBER SPELICH: Thank you, Madam Mayor. Back to the enforcement of town codes and ordinances by the town. I somewhat disagree with the way that you broke that down. I receive numerous emails from residents who actually see code enforcement violations. And I think there's some dissatisfaction in the fact that our code enforcement officers -- unless this has changed and the town manager can weigh in on this -- but were not on-viewing things that were wrong in the town, which I had a glaring problem with. And if that hasn't changed, I have a even more glaring problem with that our code enforcement was driven by complaints only. So they could drive around all day, see many things that they knew were a violation and everything, and just continued to drive by because someone didn't dime-out their neighbor or somebody didn't call. So I think that the way that you read into it and -- no offense to you -- you do this every day -- so I'm just thinking that there's some dissatisfaction there because I've personally received emails from people and town residents who are like, why aren't you doing anything about somebody that has 75 bicycles in their driveway? MURRAY: That's the type of information I don't have. That's great to put that result into TOWN OF FOUNTAIN HILLS Page 14 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 14 of 168 context. COUNCILMEMBER SPELICH: Thank you. MURRAY: Folks are generally dissatisfied not only -- you know, there are probably a few instances. What I mentioned were enforcing or enforcing upon. But if you talk to folks that have that opinion, then I hope that these results kind of make sense to where there was a small portion of folks -- maybe one out of five, who indicated I'm not generally satisfied with this area because I drive around seeing violations without there being -- COUNCILMEMBER SPELICH: Also, you have to keep in mind too, that we have an unusually high volume of retired law enforcement that live in town and public servants, also, fire and everything. They know what's right and what's not right, and we -- being in law enforcement and firefighters and that -- we kind of have an ability to take complaining to a new level. So I'm sure that has also something to do -- so if you sent one of these surveys to a retired cop or a retired firefighter who was a little salty about the way things are going, then, of course, you're going to get -- MURRAY: Yeah. COUNCILMEMBER SPELICH: -- crappy marks. MURRAY: Yeah. And I think it goes to show, again, high levels of expectations for all these varying reasons. You know, some retired folks, some retired law enforcement -- and so kind of building upon those layers and who we know the community's comprised of. I hope that some of the areas where you received lower results are making sense to you or you can kind of build some story to that, some narrative to that. The narrative that I bring to the table is from past experience. So the narrative that I had was from Olethe, Kansas where our home quarter says, we've done a couple over the years of code-specific surveys. And one thing that they found that really helped was sending out quarterly notifications. And I know that is a little bit difficult in a place where you don't get a ton of seasons -- we get all four where we are in Kansas -- so you can kind of -- you know, hey, here's the snow ones, here's the spring ones, here are the fall ones. But for you all, you know, even a couple times of a year, sending out those note cards, folks begin to self- regulate. So if they know the rules and they're getting the letter, they're afraid that their neighbor's going to follow the rules and they may not. And so that was some of the other TOWN OF FOUNTAIN HILLS Page 15 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 15 of 168 results that we found from our City of Olethe surveys that we've done. Yeah, please? MAYOR DICKEY: Grady? MANAGER MILLER: Thanks. I just wanted to follow up on Councilmember Spelich's comments. So yes, you're right, we used to, in the past, respond to citizen complaints, but after the Council authorized a second position, which, I might add is the code enforcement officer is also a former retired law enforcement officer. He's very good. And he drives around finding code violations and is proactive. So we've stepped it up thanks to the Council authorizing a second position. MAYOR DICKEY: Councilman? COUNCILMEMBER SCHARNOW: Yeah. I like the idea you mentioned the quarterly reminders, you know, seasonal, and even though we don't have four seasons per se here, I know, you know, my mother-in-law used to live in Avondale and the City of Avondale would send out a post card, I think, every once in a while, just reminders, like, hey, you know, garbage cans, landscaping, weeds, you know. So we do have some seasonal things here that maybe that would be something to consider for staff to look at, sending something out, just periodic reminders about certain ordinances that are relevant. MURRAY: And to save printing costs, if you have a text or email notification, that's an appropriate route as well. I know post cards can be expensive and printing costs can be expensive. But definitely keeping it in the front of their minds, folks will begin to self- enforce versus kind of hoping that the town catches on to it. So this is another -- COUNCILMEMBER FRIEDEL: Can I ask one more question? MURRAY: Yeah. COUNCILMEMBER FRIEDEL: When was the survey sent out, and did that include both full-time residents and/or part-time residents, or do we know? MURRAY: Yeah. So it would've been both full and part-time because it was a random sample of all residential addresses here. So had it been maybe done -- well, I guess it was done at a pretty good time of year to get both part and full-time residents, right? Because we conducted it in late fall, going into the winter. So hopefully, that was a good opportunity to get both of those groups combined. We do that a lot here in Arizona. We skip surveying in those early to late summer months just to give everybody an opportunity to respond. TOWN OF FOUNTAIN HILLS Page 16 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 16 of 168 One thing that we completely failed to mention, we're really beating things up here. You know, these are phenomenal results, and I think, you know, hopefully, that intro slide let you know. VICE MAYOR MAGAZINE: Would you repeat that, please? [LAUGHTER] MURRAY: Yeah. In our professional opinion, these are phenomenal results. But what we failed to even acknowledge is all of the items at the top. I know Chief is here -- or I believe the fire chief is here. Fire protection services phenomenal. Parks and recreation phenomenal. Library, ease of getting around town -- a lot of fantastic results in this overall satisfaction site that we just completely breezed through and didn't even mention. I wanted to make sure we mentioned those. Here are some additional maps. And the reason that I've introduced maps into the presentation is really to give you an ability to kind of see how I see them in our reporting. This is effectiveness of town communication. As we notice, it's still that same area showing neutral. The area just to the north now showing neutral as well, but most of your residents are pretty satisfied with how effectively you're doing that. Maintenance of streets and infrastructure. This is the item in high-performing communities that is always going to get nitpicked. And I mentioned that term earlier. I don't like to do that because residents do have valid concerns. But when you're performing at such a high level, I do feel that they will nitpick you on specifically, codes and ordinances and street maintenance, and I feel we're seeing that here in the results. MAYOR DICKEY: I had a couple -- I'm sorry. MURRAY: Please. MAYOR DICKEY: There was another one a few ago and then these are all here, right? If I'm looking at the map, it's the downtown, which we just, like, did all the roads. So I don't know what's really going on with that unless it's getting combined with wanting more stores here or something. But if they're talking about infrastructure, you know, with the median and the roads being done, it's a little bit hard to figure that one out. Because nobody really -- yeah. So. MURRAY: And so we're seeing that kind of dispersed throughout the community. I think that we must also understand this is where the respondents live. So you know, if TOWN OF FOUNTAIN HILLS Page 17 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 17 of 168 we talk about some items we'll know that it's (indiscernible) at your home or near your home with regards to code enforcement likely. But when it comes to street maintenance, you know, if you're going to go into Phoenix, you're goin g to hit other streets on your way out of this general area. And so I think just kind of keeping the fact that these responses are averaged based on the location of the home address, and not necessarily the location of a problem area. MAYOR DICKEY: Ah, okay. Vice Mayor? VICE MAYOR MAGAZINE: I think you sort of answered the question I was going to ask, which is there's no way to know whether or not the dissatisfaction with neighborhood streets versus other kinds of streets, arterials and so on; is that correct? MURRAY: So when we're talking about maintenance of streets and infrastructure generally, I would say kind of, you know, thinking about the town overall -- when we're talking about neighborhood streets, I would focus on those specific areas that are highlighted. Because you would assume, and what we found, is that folks are usually taking these surveys, thinking of themselves, primarily. You know, how are my neighborhood streets. Not, you know, I visited a neighborhood a few weeks ago, they were rough. So when it comes to neighborhood streets, those maps, I think do tell us a really clear picture about which neighborhoods might be in trouble. COUNCILMEMBER GRZYBOWSKI: So I pulled up on monitor number two the graph of the address dots that he showed us a few slides ago, and if you look at the number of address dots in the downtown area, there's not a whole lot of respondents. So I'm sure that has something to do with it as well. You can almost count each half from, like, the townhall block. We've got eight, seven. And the other side is the same number. So it's a small number of people. MAYOR DICKEY: Thank you. MURRAY: And these maps are really meant to give us that higher level of -- [CROSS TALK] COUNCILMEMBER SPELICH: Did you say that you visited a street here that was rough? MURRAY: No, no, no. I said, somebody might think that. COUNCILMEMBER SPELICH: Oh. TOWN OF FOUNTAIN HILLS Page 18 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 18 of 168 MURRAY: Yeah. No. I've not really not left this general area, and things have been really, really good. COUNCILMEMBER SPELICH: Oh. MURRAY: Yeah. COUNCILMEMBER SPELICH: Because, I was going to say -- MURRAY: Yeah. Yeah. COUNCILMEMBER SPELICH: You got to get out of Kansas. MURRAY: Yeah. No. No. Yeah. We just got a bunch of snow, so my streets are rough, you know, potholes that deep, and it's not pleasant, so. Enforcement of town codes and ordinances. I apologize. I love the discussion, but I'm used to just kind of the presentation at council meetings. MAYOR DICKEY: Sorry. MURRAY: No, no, no. So I feel like it's throwing my rhythm off a little bit, so I'm like, uh, uh -- yeah. So yes, this item was rated as the third highest priority. I think maybe focusing some of the code enforcement efforts, you know, if we look at some of these particular areas, hopefully, we're finding some of those complaints are what you're hearing from some of these areas. I would say, code enforcement issues are likely going to be, again, kind of like the neighborhood street maps where we should be able to focus on those areas and assume that there are some problems in those particular areas. And as we noticed here -- and please, just so I can go back -- we're not seeing any orange ratings. I don't think you saw really any orange in any of your maps in your reporting. The town is doing very well. These are just neutral ratings averaging out to neutral instead of the satisfied or very satisfied. MURRAY: Yeah. No, no, no, no. Not at all. Not at all. I just want to make sure I'm providing the context here since I've seen so many of these. And then back to Councilmember McMahon's -- this is that question where we asked and I skipped forward to it. We've kind of already discussed this. I discussed it with Bo, as well. I think taking it from, you know, firsthand perspective just as a general resident of the Town of Fountain Hills, you all can realize I'm going to select the items that the town is going to use this as an informational source to make decisions on -- I'm going to select the items for reduction that are going to have the least impact on my daily life, which TOWN OF FOUNTAIN HILLS Page 19 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 19 of 168 should be those items towards the top. Even though maybe I don't think that the Council's being transparent enough as a resident, I would much rather have you be less transparent as long as my garbage is collected on time. And I think that that's just really where we have to view this question. I think with Mr. Miller and Mr. Larson's guidance, we can reformulate this question for next time. Maybe even highlighting a few of these results from 2021, 2022, and then trying to provide some context for residents around those results as well. Benchmarks. So the town rates significantly higher than other communities. We already kind of went over this. Significant increases are basically outside of your margin of error of about 4 1/2 percent. I've marked with up arrows those areas where you're significantly outperforming the national average. In your report, you see a few other lines. It's just really busy for a presentation like this to put all of those trend lines or all of those benchmark lines there, but our normative comparisons are really bar-none. We conduct this survey regularly. It is asked in the same question manner. It's asked with the same methodology types, so we really know we're comparing your apples to apples when you're looking both at your regional and other results as well. One thing that I would kind of caution everybody to do is to understand, you know, poor ratings might look poor when we're just looking at some of satisfied and very satisfied responses. I'm going to pick on the again, effectiveness of the town/city communication with the public -- 61 1/2 percent might've said to us, hey, that's not really where we want to be. That's not where we feel like we could be, but when you see comparatively speaking, we're actually comparative right along the national average. And so the benchmarks provide the contextualization of the results that are needed sometimes in those really difficult areas where residents are just generally dissatisfied, usually because of lack of participation. Please. VICE MAYOR MAGAZINE: Yeah. It's not on this particular slide, but I'm concerned by the review of the citizens on transparency. So I guess my question is is you survey other towns and communities -- is it much different than our -- we see the citizens saying about transparency? MURRAY: I think the only way that you would -- and I hate to be so stark in kind of reviewing this, but I see a lot of these results and it's frustrating, because I can easily go TOWN OF FOUNTAIN HILLS Page 20 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 20 of 168 out and find Council agenda packets and meeting minutes and video recordings of all these meetings for communities that I don't live in. And I can do this nationwide. And so ahead of my council presentations I'm typically scouring their website for the agenda packet so I know when my time might be to speak. It's frustrating that residents continually tell us that Councils and elected officials are not being transparent when, really, the meeting notes, agenda packets, everything is public record nowadays. You know, you could even watch the meeting in full for the most part. It's disheartening to think that residents just don't understand where to find the information or don't understand that we are being transparent. And I think the only way we're going to see a change in this is maybe a societal shift in perceptions or if we start delivering TVs that just run your Council meetings every week. VICE MAYOR MAGAZINE: I think it's the most -- MURRAY: Just turn it on in your living room. VICE MAYOR MAGAZINE: Yeah. I think it's the most frustrating thing that we deal with. MURRAY: Yeah. VICE MAYOR MAGAZINE: I have said over and over again that this is a problem that's viewed by citizens in every city and town in America -- MURRAY: Yes. VICE MAYOR MAGAZINE: -- no matter what you do. And it's very frustrating. MURRAY: Yep. It's very difficult. You know, even communication gets beat up. I'm sure the town is communicating effectively. I've met a person -- a member of the media today. You know, the town is probably communicating pretty well, we just need to make sure that we're kind of shifting them from that word of mouth -- because as you noticed, you know, they're getting the news from the newspaper or word of mouth. That's a difficult proposition, because if you're getting your news from your neighbor who thinks that you're not transparent, well, now, you've got another person on the nontransparent side. MAYOR DICKEY: Also, I was going to mention that, you know, phenomenon of obvious social media, which has all the ups and downs in so many ways in our communities -- you know, just today, I mentioned to Grady just three things that are on TOWN OF FOUNTAIN HILLS Page 21 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 21 of 168 Facebook right now that are just, like, just absolutely not true. So you chase -- you know, you either have someone here full time who's going to be on social media trying to chase things down, or you post a link to the minutes of the meeting where you actually did that. But that draws crickets. So it's a very -- it is, but I guess the lesson is that we never stop trying. We will always try to communicate whether it's -- obviously, the newspaper's great. Spiffing up the website. Texts. We're on everything now. Poor Bo, you're on Instagram now and everything. And we're all just going to have to keep trying to do that as best that we can, but I do think that that is a role -- this word of mouth, which in the old days just meant, you know, talking to your neighbor is now something. You see, did you hear, and then all of a sudden it becomes something that -- but it was never maybe true in the first place, so. MURRAY: Somebody might review one of those stories this morning. It might be retracted tomorrow and then on Saturday they're telling their friends and their neighbors about it. And so by then, you know, it's gotten out of hand. Social media does not -- COUNCILMEMBER SCHARNOW: No, I do appreciate your viewpoint on that and your comments and the perspective and agree with you two over here as well. It is very frustrating. And being a former media guy myself, you know, it's even more frustrating because all this misinformation just gets spread out there. So I do appreciate that perspective. And even if we were to send a TV to every household that only showed Council meetings, you can't make them watch it. So you know, just saying. MURRAY: Yeah. It's a difficult situation that every community's really in at this moment -- I truly believe that it's fueled mainly by social media. But there's nothing we can do about that except for make sure our presence on social media's known. And that's the best we can do. I always call that, Mayor, the hard work of democracy. You know, you all just continue to beat your head against the brick wall of hey, here's the information, here's the information -- nobody's listening. Crickets. It's really disheartening to see councils strive for that -- strive for transparency and still hear that in the community. MAYOR DICKEY: Well, thank you. MANAGER MILLER: Yes. And I just want to just chime in and let you know that Bo has been working on a communications plan to kind of supersize what we do already. TOWN OF FOUNTAIN HILLS Page 22 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 22 of 168 And also as part of that there's also a citizen engagement process. We're going to be taking these both to the Council on, I believe, it's next month, right, Bo? LARSEN: No. Next week. MANAGER MILLER: Next week. So any case -- so that's the plan and we're going to try to do everything we can to try to reach out to residents and do a better job in some areas. I think some areas we're doing pretty well. But I guess the media is the message here. And that is, we're letting the residents know that we're going to have all these different tools, many of which we already use, to try to reach out to them and make sure that we're as transparent as possible. MURRAY: So just continuing our benchmarking perceptions of town/city safety, performing very well in all three of those areas. Feelings of safety in neighborhoods during the day, at night, and in city parks, which is really interesting, because I believe there are almost no street lights in town. So I would not have assumed that over 9 out of 10 of your residents feel safe in the community in the dark. You know, I had a community of about 5,000, and one street light went out on one city street and we had a massive change in results from one year to the next. So that is quite phenomenal. Folks do feel safe here. It doesn't matter how well lit the streets are. Public safety services -- COUNCILMEMBER GRZYBOWSKI: Wait. Before we move on from that slide. Go back one slide for me, please, sir. Thank you. I just want to point out -- MURRAY: Public safety or the next one? COUNCILMEMBER GRZYBOWSKI: The safety. I just want to point out, this will come in handy for conversation later on. Just the overall safety during the day, during the night, and pointing out in the town parks as well. That's all. Thank you. MURRAY: Really good results. Public safety services, fire protection, EMS protection, police protection, right along the national average. That's been a really difficult issue. We saw some really deep decreases in satisfaction across the board in otherwise high- performing organizations, which was difficult. We do some police surveys. City of Durham really got hurt, I think, over what's happened over the last couple of years. And again, probably some media outreach on that as well. But otherwise, performing very well in terms of all of these areas. Hopefully, I'm clicking here. Parks and recreation services performing phenomenally well. I mean, those are excellent TOWN OF FOUNTAIN HILLS Page 23 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 23 of 168 results for a community that's probably pretty engaged in your parks and recreation offerings. Communication. Folks are satisfied with the availability of information, but dissatisfied or more along the lines of the national average in efforts to keep you informed. So again, finding out what those ways that we can keep people informed without literally shoving it in their faces all the time. So folks, to 70 percent or so folks believe that you're adequately providing the information. It's just how well are you working to keep me informed, which is something we've kind of talked about at great length already. Maintenance services. This again -- this is why I used the term nitpicky earlier. Maintenance services are performing extremely well. Maintenance of landscaping, streets and public areas, street signs, condition of your streets and neighborhoods above the national average, just not a significant change in condition of major town streets. So folks are generally saying that you're doing pretty well in these areas. Comparatively speaking as well, but it's just one of those areas that they'd like to continue to see an increase in services. And so that's where it gets us into our priority investment ratings or our important satisfaction analysis. We asked residents -- and I think Ms. -- or excuse me, Councilmember McMahon, this might interest you. So the important satisfaction analysis is predicated not on the reduction in service question but on the emphasis in service question. And what we found when we first started doing this -- I was not around then -- but when the owners first started doing this, folks would generally overstate satisfaction or dissatisfaction with some services, not to a great length, but to a length where we would see high levels of dissatisfaction. We'd work on that service area. We wouldn't see a change in our general satisfaction with city services or town services. We started adding the emphasis question, turning it into an analysis feature. And what we found is that by focusing on the areas that are above average importance or emphasis -- the importance column -- below average satisfaction -- we're actually going to be able to turn the tides in general satisfaction in other areas throughout the survey. And so while the results are pretty good for the Town of Fountain Hills, focusing on those items in yellow and in pink at the top of this table are going to give us the best opportunity to kind of move the needle, not only on these items in terms of satisfaction, TOWN OF FOUNTAIN HILLS Page 24 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 24 of 168 but general satisfaction with the delivery of town services. Quality of Maricopa County Sheriff's Office services. This is also -- VICE MAYOR MAGAZINE: Before you go on. Maybe I'm misunderstanding a previous slide, but it says, "Effectiveness of town's communication with the public 61 1/2 percent." But wasn't that much lower in a previous slide? MURRAY: I don't believe so. This is the -- VICE MAYOR MAGAZINE: That's all right. MURRAY: -- sum of satisfied and very dissatisfied. VICE MAYOR MAGAZINE: All right. Don't go back. That's all right. MAYOR DICKEY: Right before it was that, I think. MURRAY: Was it right before it? MAYOR DICKEY: Yeah. I think so. The big one. MURRAY: That is -- MAYOR DICKEY: Keep you informed. MURRAY: This is availability and town's efforts to keep you informed. There's a lot of different terminology and nomenclature here that's keeping me on my toes now. MAYOR DICKEY: I recognize the 68 percent -- MURRAY: I apologize. MAYOR DICKEY: -- so I thought maybe that was it. MURRAY: I've got the report here as well. VICE MAYOR MAGAZINE: That's okay. MURRAY: Effectiveness of town's communication with the public -- 39 plus 23 is 50 -- 61 1/2. Yep. So that should be correct, yeah. I'll doublecheck that again before Tuesday, along with those cross-tabulations. So really, maintenance of Fountain Hills streets and infrastructure, we got really good ratings there. We're rating along the national average. Which, again, tells us the expectations are relatively high for the delivery of all city services and town services here. So focusing on the items at the top of this list will ensure that the satisfaction comes up, that the importance begins to dip, hopefully, in a few of those areas. I highlighted the County Sheriff's Office services in yellow because it is one of those areas that if we don't start to at least speak to what we're doing to try to improve that service, or TOWN OF FOUNTAIN HILLS Page 25 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 25 of 168 maybe improve the relationship with Maricopa County, we might see that item fall into the high priorities for improvement column next time. Communication with the public is just barely a high priority. And again, it just really goes to show how important this is going to be in the future because we're going to need to let folks know what we're doing in response to this, but also strategic direction in some of the areas that we're going to have improvements or we're going to strive to make improvements in. We're able to do this for a number of different categories on the survey. For example, public safety services. Folks feel very safe in the town. They'd probably just like to know a little bit more about what we're doing to prevent crime. If you have any strategic plans or if Chief has any particular news blurbs and things like that. Those are things that all can kind of go out to help with this perception item, but it's understandable that folks don't generally understand what you're doing to prevent crime and that it's pretty important to about half of residents that you continue to emphasize that particular service area. The other two items right there is police protection provided, local traffic laws, enforcing by MCSO. Whenever the county provides the policing services for a municipality there is always some communication issues and always some understanding of what types of services they're to be providing. So just making sure you're working closely with MCSO. And then at least telling the residents what you're doing or how you're communicating with them. Hey, we're communicating with MCSO. Here's some of the things that we've discussed recently. Can even just be a little blurb to make sure that folks know that you're communicating with those folks effectively. Parks and recreation. There was really no high priorities here. I give a little bit higher level of analysis in the presentation than in the reporting you'll find. There were no high priorities for improvement when it comes to parks and recreation. You'll just want to make sure that you're focusing on the quality of recreation programs offered. Really, the best way to do that -- I don't know if parks folks are here, but exit surveys are always the best way to do that. You can usually get a pretty cheap or almost free SurveyMonkey account. Get an email. Send a survey immediately after. Not everybody's going to reply, but it'll let you know if there are problem instructors or difficulties with the facility or the timing or whatever it might be. That is an excellent way to make sure that item TOWN OF FOUNTAIN HILLS Page 26 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 26 of 168 doesn't continue to climb. But as you can see, almost 80 percent, 8 out of 10 residents, are generally satisfied with that area. It's just important to maintain that level of satisfaction. Town maintenance services is really where we see the crux -- the major city services that we want to focus on here. Town services again, I apologize. That's major city -- major town streets and streets in your neighborhood. Again, nitpicky. High expectations from residents. You're performing a really good quality of service throughout the communit y, as we saw on the maps. These are just areas that folks really want us to focus on. Sometimes these areas -- it looks like you do chipseal here. I can't exactly tell. It was dark last night when I came in. But if you have a chipseal maintenance schedule and you're doing that street by street, folks that have their neighbor's street done and theirs didn't get done right away or right after, you're going to be less satisfied than the neighbors who got their street repaved or redone. So just kind of keeping that in mind as you see that flow across the community. If your schedule is such where you haven't hit some streets in five years, you've hit some streets right in the summer before we did the survey, you could see why some folks are wanting you to emphasize that and maybe why we got lower levels of satisfaction there. And then communication. This has kind of been the crux of what we've been talking about, I feel like, all morning here. Levels of satisfaction with communication, we see a lot of neutral responses, which means that there's a lot of residents that can be swayed into a positive or negative perception value. I would say that the town seems to be moving in the direction that you have more of an opportunity to sway folks to the very satisfied and satisfied columns than you do to lose them to the dissatisfied areas. A lot of folks just generally seem to not be paying close attention to what we're doing with regards to this particular table. It makes a lot of sense after hearing you're not transparent. It makes sense that folks are maybe not tuning in to understand how transparent you truly are. And a lot of this seems to make sense. Some of the areas, particularly how easy it is to access the town's financial information. Well, the vast majority of our residents are unlikely to need that service or to utilize that particular feature of your website or whatever that might be. So it does make sense that we see 49 percent there, which are basically residents probably telling us, yeah, I could access it, I TOWN OF FOUNTAIN HILLS Page 27 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 27 of 168 just don't have any interest to. But when we get into our next slide here we'll see the forms of communication folks currently use to get information about the town. It's the Fountain Hill (sic) Times, who I notice in this room, word of mouth, and then your website, followed by your town newsletter. We asked this question in two different ways, basically, by asking respondents to then tell what is your preferred way to find out about information. We see a little bit of a drop in the Fountain Hill Time. Folks would really rather hear that information word of -- not word of mouth, but straight from the town's mouth, in our opinion. Fountain Hills Facebook is right below that. So again, kind of saying, we want it from the town, from the source is where we want our information. With word of mouth dropping to less than one out of four respondents. So again, just to kind of juxtapose these two charts next to each other. Almost 76 percent indicate they use the Fountain Hill Times. Almost two-thirds indicate that they use word of mouth. When we go to preference, the preference items aren't matching with reality. And so we identified some opportunities or some gaps in our communication and outreach. And so hopefully, Bo and his team can help close some of those gaps. And hopefully, we'll see less neutral, more satisfied responses in a couple of years or you know, next few years when we do our next survey. VICE MAYOR MAGAZINE: Everyone -- MURRAY: Please. VICE MAYOR MAGAZINE: Just to comment. I'm certainly not going to tell a business how to do their business, but if the Fountain Hills Times could give people -- new subscribers -- something like six months free, I think it behooves us to get that readership up based upon these statistics. MURRAY: Yeah. Yeah. And if you're able to provide news briefings, public releases to the newspaper, and they're publishing them for you, excellent. You know, because folks are at a high clip reading it. They want to continue to read that, to be informed. They don't want to hear everything from your pulpit, but they do want some of that mixed with local media. So -- MAYOR DICKEY: The Times has a 4:30 news everyday -- TOWN OF FOUNTAIN HILLS Page 28 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 28 of 168 MURRAY: Yeah. MAYOR DICKEY: -- online that's free. MURRAY: Yep. MAYOR DICKEY: So that's another good way to get that constant communication and it doesn't cost anything. MURRAY: Yep. Yep. Any major revamps to a website are always going to come with some dips in satisfaction in the next survey as people become more well-oriented with the changed website. But it's really not so much about changing the website, but usually adding banners. I've done a few focus groups and some surveys specifically on website redesign. Folks really want the most pertinent items just, like, a newsfeed in your Facebook, at the very top. So you want to see the most important stuff scrolling at the top. And we could tie up more conversations about that, but really, it's about ease of access when it comes to that. And then, you know, your newsletter, if that's being mailed or emailed, however that's working it seems to be working well and folks want to continue to receive that. As well as visiting your Facebook, I just thought it was really pertinent. Less than one out of five -- one out of four -- respondents indicated word of mouth is a preferred source for that information. In summary, it can't be overstated, residents have a really positive perception of the community. It seems like you are really doing the hard work here to understand where we can focus in to kind of change some of those areas. It's interesting to have a Council be so engaged in this conversation considering how good the results are. Typically, when I come and I say, 94 percent of your residents are satisfied with the quality of life in the community, I feel like everybody zoned out and they're like, hey, we're riding easy, you know, we're living high here. But you all are engaged. It's great to see this. It should mean that if you conduct this with, you know, our firm or another firm in a couple years you should see improvements in key areas as long as you kind of focus on some of the priority investment areas that we determined from the survey results. I've got my last slide as questions, but that's really meant for Council. If you have any additional questions, I'm happy to take them now, or feed them to Bo. If you want me to help look up something or make sure to present something next Tuesday, I'd be more than happy to take those as well. TOWN OF FOUNTAIN HILLS Page 29 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 29 of 168 MAYOR DICKEY: Vice Mayor? VICE MAYOR MAGAZINE: Well, for those of us who want it, can we get paper copies of these slides? MANAGER MILLER: Absolutely. We can also provide the report. I think between the two, it's about 150 pages. But we'll be happy to -- VICE MAYOR MAGAZINE: I just want the slides. MANAGER MILLER: Okay. We'll do that. Mayor, if I may, too. I just wanted to remind the Council that, yes, we are going to be also having Ryan come back next week. We're doing a really two-fold. One was for you to get the results here and have the pollster who oversaw this directly present the findings to the Council. But it's very important, again, from the transparency standpoint, for the public to see this at a Council meeting. Because we typically have a greater participation in that, and we may have some insight from citizens who were there that might want to react to the presentation. So anyways, Ryan good job, and we look forward to seeing you next week. MURRAY: Great. MAYOR DICKEY: Thank you. Councilman? COUNCILMEMBER FRIEDEL: Another question for you. How often do you suggest towns do this survey? MURRAY: Yeah. So we have folks from quarterly to yearly to every five years. I would say every two years is kind of the best way. Governments can only move so quickly, so it's really best to give yourselves an opportunity to review, create an action plan, act, and then reach back out to residents. And I think that usually takes about 24 months or 2 years. MANAGER MILLER: Councilmember, that's a good question, and that's what we had originally intended because we want to have enough time to make improvements in these areas. And again, I think the residents will find the value of this. I know I saw some comments over the weekend about, you know, spending money on this kind of survey. But I do think what we got is really good, especially the geocoding where we know where people live generally around the town with some of the areas where we need to work on. And that's very helpful. Sometimes where I've seen this really help is like if you have, like, solid waste services and they're not really doing a good job in a particular TOWN OF FOUNTAIN HILLS Page 30 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 30 of 168 area, you can get down to the route, and you can figure out how to fix and improve that. Same thing with streets. So I think two years -- every two years is a really good -- may even be three years. But the point is, this is a baseline, and so we are going to use this to help target our improvements for the next two to three years. MAYOR DICKEY: Thank you. We really appreciate it. Mike? COUNCILMEMBER SCHARNOW: Yeah. Just real quick. I think on Tuesday, just to streamline things, just come in with the 94 percent slide, and then that's -- MURRAY: That's it. That's it. MAYOR DICKEY: And we're good. MURRAY: Just give me a mic to drop. Yeah. No. I mean, the results were really phenomenal. I was really pleased to see what I saw. MAYOR DICKEY: Thank you. MURRAY: There are some things to work on, but please also keep in mind the design of the survey was intended to develop priorities like we saw towards the end. So that was really the whole crux of this thing was to make sure we know where to invest to improve satisfaction later on. And the only way to do that is to kind of get into the nitty gritty of where maybe we're not performing where we'd like to be. So. MAYOR DICKEY: Thank you. You know, talking about how often we're going to do it -- I know we already brought it up, but we have our Strategic Plan Advisory Commission. We Fountain Hills Vision which has -- or Vision Fountain Hills, sorry -- that has done -- we, you know, asked the public. We did a parks master plan. We just did our general plan. And we did a active transportation plan. So and all of these were done with Zoom meetings at the time and such. And so this is a good piece and part of all this information that we try to get to keep our community 94, 95 percent happy with where they live. So thank you very much. MURRAY: Thank you, Mayor. It was a pleasure. MAYOR DICKEY: See you next week. MURRAY: I'll be back next Tuesday. Great. MAYOR DICKEY: Our next item is -- Grady, do you want to introduce David? MANAGER MILLER: Yes. Our finance director, David Pock, is going to do the next presentation. We'll likely go through this presentation and then following any questions, TOWN OF FOUNTAIN HILLS Page 31 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 31 of 168 we'll then probably take a brief break, and then we'll resume with the next presentation after David. With that, I'll go ahead and turn it over to David. This is typically one of the most important aspects of an annual retreat, is that we look at kind of the current finances, and then how we're pacing for next year. So with that, I'll turn it over to Mr. Pock. DIRECTOR POCK: -- Council. Is this working? All right. I guess. Okay. I feel like I've been outnumbered already this morning. There was a lot of numbers in the first presentation, but I've got some more for you. So sit back, relax, and enjoy. All right. So we're going to start off looking at the current fiscal year and kind of our progress and where we're at right now. All of the information that you're going to see is through December, so half the year. First, with the General Fund. It's really across the board good news. I would say it's even better than the 94 percent satisfaction because we're actually -- we've collected more than we've budgeted to receive. As far as the sales tax, we've got 6.77 million collected against our 6.47 million budgeted. That's largely due to a increase in the restaurant bar in the services categories, which is good to see. That means everything's kind of getting back a little bit to whatever the new normal is. As far as the intergovernmental -- our state shared revenues, we've collected 3.36 million against our 3.3 million that we had budgeted. Our state shared sales taxes is doing a lot better than what we had originally anticipated. Also, we had slightly reduced state shared income. That's kind of due to two things, as you know, and we say it every year or every time that we talk about state shared revenue -- is that the income tax lags by two years, so the information that we're seeing here is actually from fiscal year '20 taxes that were collected in '21 and are being remitted to local governments in '22. That also was affected by the lower population count than what we had prior. The 2020 census came in, and you'll see that a little bit later as far as some of the graphs. So -- yes? MAYOR DICKEY: Did the pandemic have anything to do with the 2020 -- was this anticipated that the income tax would go down? DIRECTOR POCK: We knew it was going to be a little bit lower, but I'd like to say it was all based on the population numbers going down a little bit that our share went down. TOWN OF FOUNTAIN HILLS Page 32 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 32 of 168 We were pretty close as far as the actual number on the sales -- or on the income tax, it was just the proportionate share that the town received. So total for six months is 11.41 million across those. All right, then. As far as money going out, these slides are -- or this graph is a little bit different. Typically, they're all -- the bars are pretty level, but with last year's public safety expenditures being paid from the CARES Act funding, that reduced the 2021 numbers a little bit. Then, we did a little bit different with the ARPA funding that we received this year. We're paying 80 percent of the rural metro fire out of ARPA funds, and then 20 percent out of law enforcement. So you can see that kind of adjustment there. As far as overall expenditures -- and it's a little bit tough because these expenditures aren't really budgeted by month, it's over a whole year -- so we might have, you know, insurance policies that get paid up at the front of the fiscal year and that kind of thing, so it doesn't really even out kind of like revenues do. MAYOR DICKEY: Can I ask you something? DIRECTOR POCK: Sure. MAYOR DICKEY: Can I ask why -- I don't remember the discussion that we changed the split of the ARPA between rural -- DIRECTOR POCK: Sure. MAYOR DICKEY: -- and Maricopa. DIRECTOR POCK: So in true federal fashion, we didn't have the rules for what the money could be spent on when they gave us the money. We did see -- in January we received the final rule from the Department of Treasury, so we know now what we could spend it on, but back then we made the decision that it needed to be related to COVID- related expenses. We were trying to stay really safe, and since the fire department responds to most -- you know, most of their calls are medical-related, and we thought we could make that argument. But now, with the final rule coming out, we're actually safe with that. And we do have a later presentation about ARPA as well. MAYOR DICKEY: Okay. Because this chart could be something that would look odd to people -- DIRECTOR POCK: Right. TOWN OF FOUNTAIN HILLS Page 33 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 33 of 168 MAYOR DICKEY: -- and I don't -- that juxtaposition there of law enforcement and fire -- DIRECTOR POCK: Sure. MAYOR DICKEY: -- versus the year before. So either we've got to put some asterisks in there or when we get down to the, you know, end of the year thing to make sure that that's real clear. DIRECTOR POCK: Absolutely. And you know, obviously, our cost of those contracts haven't reduced any. It's just that that portion's being paid out of a different fund. So this is strictly the General Fund side of the expenditure, so. As far as all of the other department's divisions, they're all within the projected budgets. General government, we saw a little bit of a spike in that department this year, and that was basically just due to the storms. We had about $100,000 worth of storm-related costs that obviously weren't expected. Then, we'll take a little bit deeper look into revenues. As far as TPT revenue collections, across all funds, this is our total TPT revenue. We've got just under 8 million collected. That's more than what we had budgeted by about 200,000. I did get the January numbers in after I had -- seems like I always get them right after I've done the presentation or put together the PowerPoint -- but our January, which is all of the December sales -- typically our largest collection month is January -- was at 1.7. So we actually have a new high as far as monthly collections at 1.7. MAYOR DICKEY: David, is the percentage of budgeted revenue -- that's for that -- DIRECTOR POCK: That particular -- MAYOR DICKEY: -- individual month? Like, not for the whole year. Like, some of them that looked real good, like 152 percent. It's like the 152 percent, not of the year, but up until now. DIRECTOR POCK: Yes. Excellent question. That's actually through the first six months of the fiscal year. Our budget for those first six months. So anything over 100 percent, we're ahead of schedule. Anything less, we're falling a little behind. So you can see in construction, that's the case there. We are slightly under what we had budgeted for construction. Construction's obviously a very volatile category, so. Utilities and communication. I remember this last year because it was -- we were looking TOWN OF FOUNTAIN HILLS Page 34 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 34 of 168 at it being a little bit more than what we were used to. As people start returning to work, we're assuming that they're not maybe renewing their Zoom subscriptions and that kind of thing. So that's starting to fall just a little. But we're still doing more than we had budgeted. Wholesale retail is obviously our largest categor y and by far most of the revenue that the town receives, and we're right at 96 percent of our budget for the first six months with just 4.3 million collected. Real estate is all the long-term residential rentals. This is the 1.6 percent rate for the town for basically residential rentals longer than 30 days. That's pretty stable, and we are just under 100 percent -- or 87 percent for that. Restaurants and bars. You can see, this was one that I mentioned earlier, along with services, which is next. Really driven by the economy and people actually getting out, going out to dinner, going to play a round of golf, going and renting an Airbnb or something -- that all falls within the services category. So you can see those are doing really well. VICE MAYOR MAGAZINE: If this continues at the present rate -- which is a big "if" -- we should be pretty flush. There's no way to project what it would look like at the end of the year if continued at this rate, would it? DIRECTOR POCK: You're ahead of me a few slides, so yes, I do have some projected fund balance numbers at the end. And then as far as being flush, we can discuss that in the next presentation, fiscal year '23, because it might not be quite as rosy. All right. So each of the state shared revenues. The sales tax, you can see that it's increased year over year. We've got 1.6 million collected, about 8 percent more than what we had budgeted. And about $200,000 overall for the six months for the first part of the fiscal year. VICE MAYOR MAGAZINE: Question, David. DIRECTOR POCK: Yes? VICE MAYOR MAGAZINE: We've been hearing for years now how state shared revenue was going to go like this -- MAYOR DICKEY: Let's wait until his next slide. VICE MAYOR MAGAZINE: Oh. Is that the -- is that the next slide? Because, every TOWN OF FOUNTAIN HILLS Page 35 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 35 of 168 year -- MAYOR DICKEY: Well -- VICE MAYOR MAGAZINE: -- because every year we're told it's going to go down. DIRECTOR POCK: Right. VICE MAYOR MAGAZINE: And given the population explosion in other towns and us being stable, you would expect it to go down. Is that the next slide? MAYOR DICKEY: The next presentation. DIRECTOR POCK: No. But you did bring up -- kind of one of the mitigating factors is that there has been a lot of people move into the state, which obviously means more sales tax, more income tax being collected, that sort of thing. Some of these numbers are -- you know, the overall numbers are calculated on the county or -- like HURF revenues, for example. All gas sales within the county are then aggregated and then divided out by population. So even though we might not be growing here in Fountain Hills, the overall number of the county or the state, in the case with the income tax, that number's getting higher. So we can be thankful for that. At least the numbers are getting larger. Our percentage might be getting smaller -- MAYOR DICKEY: Right. DIRECTOR POCK: -- but the overall numbers are getting -- VICE MAYOR MAGAZINE: And you are, I think, that on another slide you're going to be showing what you expect in the future for that; is that correct? MAYOR DICKEY: Grady? MANAGER MILLER: Just another way to look at it is the pie is growing, but our slice is actually getting smaller because of basically, it's formula-driven and the cities that recently with the census had big gains, they were able to get slightly larger slices of the pie while ours shrunk a little bit. But then the aggregate has actually been growing. There's going to be some issues, potentially, I think that he's going to go into having to do with the state share of revenue for income tax because of the pandemic impact. DIRECTOR POCK: And so there's the next slide. Usually, typically, the boringest slide of the whole presentation because it's just a line going straight across -- we did have a dip this year, as I mentioned, because the census numbers did come out in August, and so our -- I think our population -- I forgot what the actual number is -- is just under 24,000. TOWN OF FOUNTAIN HILLS Page 36 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 36 of 168 So that reduced our numbers just a little bit. So just jazzing up this slide. But yes, 1.6 collected here as well. We had budgeted 1.64. And then vehicle license tax. Personally, I think this is better than I was expecting, considering, you know, if you've watched the news and you've seen, like the availability of new cars or if you tried to go buy a new car, that there aren't maybe as many on the lots as there used to be. That just would decrease the VLT that's collected at registration, but we're still doing pretty well. 550,000 has been collected. We budgeted for 584. It's 47,000 overall for the first six months than last year. MAYOR DICKEY: So relatively speaking, you know, the amount's not that great, but why is there such a variance in all these lines every year? Just you know, how do you explain that? Like, especially, like, looking at 2018 -- that one was really bizarre. DIRECTOR POCK: Yeah. Kind of like construction, you know, it's just going to be a volatile category. Like I said, I was assuming this one to be one of the hardest hit ones this year just because, typically, new car sales, you know, higher values on the car, more VLTs paid, and then as cars get older that, you know, gets lower and lower and lower. So yeah, I guess it's probably just luck of the draw as far VLT goes. MAYOR DICKEY: Okay. DIRECTOR POCK: Any other questions? Next is HURF, which we talked about just a little bit. So people might be driving the same cars but at least they're starting to drive them maybe a little bit more. The HURF revenues actually did just start to increase a little bit in December. I don't have January's in front of me right now. But it's good to see that people are moving around. So that's good. Then, as far as all the other types of revenues that we've got -- licenses and permits, obviously, make up the most of it. We've collected just over $1,000,000. That's 127 percent more than what we had budgeted. Leases and rents right on track. Fines and forfeitures are down a little bit, but again, you know, there's still half a year to go, so who knows? Charges for services are way down. I was thinking about this and why that might be, thinking that it was the first six months of the year. Maybe, you know, we've still got quite a bit of our busy season. We're coming into the special event season for Rachael's department, so you know, we could see some big increases there for the last half of the TOWN OF FOUNTAIN HILLS Page 37 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 37 of 168 year. And then the other category is interest and just some kind of the smaller revenues all rolled up there. Now, as far as fund balances. This comes with the caveat every year that they're subject to change. My crystal ball might not be as clear these days because there's quite a bit -- a few things going on as far as the economy goes, but this is my best shot. So we'll start with restricted funds. As you know, these are funds that are restricted by forces outside of the town. So HURF revenues can only be spent on streets. Expecting to end the year in the Streets Fund with about 1.5 million. The next few funds, the General Obligation Debt Service Fund -- MPC, Eagle Mountain -- those are all our debt service funds, but we don't have any debt. So that's money that's just kind of holding out there, earning what little interest there is to be earned on that. But we won't see much change as far as those fund balances go. Cottonwood maintenance district went down a little bit over the year just because we were doing some of the maintenance and the painting that was required there. The next three funds are the Development Fee Funds, and they're steadily growing. Streets Development Fund was one that we had just added, so you can see that that balance is coming together. And then Parks rounding it out at 1.2. So total restricted revenue is just about 3.6 million. Committed Funds are restricted by Town Council. It can be reversed; it can change, but this is based on your decisions. Rainy Day Fund, you can see that by the end of the year it's going to be increasing to about 3.9. That's all formula-driven based on our policy, and it's based on the last five years' average General Fund revenues. Capital Projects Fund actually is going to be in pretty good shape. We just transferred about 3.5 million from the General Fund where we had excess revenues over expenditures from last year, so that's going to add to that fund balance for the end of the year. And then, Downtown Strategy Economic Development, Tourism, Public Art, and then Court Enhancement -- all those stay relatively stable. MAYOR DICKEY: David? TOWN OF FOUNTAIN HILLS Page 38 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 38 of 168 DIRECTOR POCK: Yes? MAYOR DICKEY: The Downtown and Economic Development and the Tourism Fund -- the use that we can use those, obviously, is like you said, they were imposed by Council action and can't be changed, but there is some overlap there. Would you agree with that? As far as using -- Downtown Strategy is more of a location-driven, right? And then -- MANAGER MILLER: That's correct. In fact, we have funded projects -- the original Linear Park that was paid from those funds, the roundabout also came out of that fund as well. MAYOR DICKEY: And then Economic Development is more of a general all throughout the town, and also the Tourism? We can use that any -- we can use that for that purpose, but doesn't have to be in a particular location. DIRECTOR POCK: Right. MANAGER MILLER: But we've been using that to fund those operations, correct? DIRECTOR POCK: Right. MAYOR DICKEY: Thank you. Vice Mayor? VICE MAYOR MAGAZINE: Yeah. Remind me, what's the Public Art Fund for? MANAGER MILLER: So that is the fee that -- the Council has a public art fee that is collected on residential and commercial -- I'm sorry, it's collected on commercial development -- MAYOR DICKEY: And multifamily. MANAGER MILLER: -- and multifamily. VICE MAYOR MAGAZINE: Oh, that's income, okay. MANAGER MILLER: Yeah. DIRECTOR POCK: All right. The next category is the Assigned Funds. And that's basically dictated by policies that have been adopted. Environmental Fund. We did have a $500,000 transfer into the Environmental Fund this year from the General Fund. As you know, we don't have the environmental fee anymore, so the only way that this fund gets funded is by transfers. The next one does have an asterisks, and that is the Facilities Reserve Fund, showing that 6.1 million will be in that fund at the end of the fiscal year. The reason why this number TOWN OF FOUNTAIN HILLS Page 39 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 39 of 168 is so large is we had transferred the General Fund savings, as a result of the ARPA funds, into this fund so that we could keep it separate. It also allowed us to invest that money with our investment advisors, PFM, to try and get a little bit more earnings on that until Council directed what we were going to use those funds for. There's also $1,000,000 in that fund that's strictly reserved for the Fountain Project when that comes up. VICE MAYOR MAGAZINE: Question. A question I asked a few weeks ago, a few meetings ago. Am I correct in presuming that some of that 6.1 million might be used for the liner? DIRECTOR POCK: That is the 1 million that is reserved for the Fountain Project, is strictly set aside for that project. VICE MAYORVICE MAYOR MAGAZINE: And how much are we spending this year and projected for next year on roads? DIRECTOR POCK: I think our pavement maintenance line item this year is right around 3.9, 3.89. I got my answer -- MANAGER MILLER: We also have an agenda item that we're going to get into that a little bit later to talk about the ARPA money being used for streets. VICE MAYOR MAGAZINE: About what money? MAYOR DICKEY: ARPA. MANAGER MILLER: ARPA. So right now, what the Finance Director was saying is, we parked it in this account because we can get higher interest earnings on it, but it's just a holding place. VICE MAYOR MAGAZINE: Well, I'll raise the same issue I raised before, and we certainly can't make a decision on it today, but we saw the results of the survey. Roads are at the top of the list concerns by people, and I would hate to park money in places like the Facilities Reserve Fund for things like the liner or other things that we don't think are going to happen. I'd rather add them to the 3.9 million -- well, that's this year -- 3.9 million for roads. I think we should do whatever we can to improve our roads without putting us in a difficult position. MANAGER MILLER: I think we're all in agreement here. We're taking, actually, an item for you to discuss, and then based on the direction today, we'll be able to hopefully make that happen. The liner is appropriate for the Facilities Reserve because the TOWN OF FOUNTAIN HILLS Page 40 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 40 of 168 Facilities Reserve -- we sought Council direction last year and the Council decided to create a Sinking Fund, so that is going into that Facilities Reserve specifically for the lake liner. The ARPA money is just being parked there just for interest, and assuming Council gives us the direction today on a later agenda item, we'll be able to put that money into the Streets Fund next year. MAYOR DICKEY: It's on the agenda. MANAGER MILLER: It's kind of -- I think what you're kind of leaning towards. VICE MAYOR MAGAZINE: I'm sorry? You're saying it would be transferred to the Streets Fund? MANAGER MILLER: Which then could be used for streets projects. VICE MAYOR MAGAZINE: Okay. MAYOR DICKEY: We have an agenda item that's going to thoroughly discuss this, and then we can figure out where we want to put it. This is just sort of an accounting right now that we're hearing. VICE MAYOR MAGAZINE: Yeah. I understand. But I thought we had also discussed the possibility -- MAYOR DICKEY: We did. VICE MAYOR MAGAZINE: -- of the liner being paid for with bonds. So we can get into that another time, I guess. MAYOR DICKEY: Sweet home. SPELICH: I'm sorry, but I'm going to have to respectfully disagree with the Vice Mayor. I think it's absolutely imperative that -- we all know in this room, based on the study, that at some point in time, that liner's going to fail. And even though I'm not going to be on the Council -- thank God -- I would hate to burden another Mayor and another Council with that price tag coming down the road, which is going to be astronomical. I am well aware that the streets are in need of repair. I know that's what the survey says and everything -- we're all aware of that. We also talked about the possibility of having a future -- help me with the word -- bond or -- I just think it's absolutely imperative we stick to what we say we were going to do. We are going to put away money for inevitability of when that does fail so that other councils moving forward and everything TOWN OF FOUNTAIN HILLS Page 41 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 41 of 168 don't have to try to solve that issue. So that's -- MANAGER MILLER: I think what you heard was exactly the same thing. We're on the same page. We started a Sinking Fund last year. It's got $1,000,000 just for the liner. We're going to continue to do that again for next year. We're trying to buy down -- use like a down payment so we wouldn't have to bond for quite as much. COUNCILMEMBER SPELICH: I know we're on the same page. I just don't know if -- MANAGER MILLER: Oh, okay. Sorry. COUNCILMEMBER SPELICH: -- if the -- I agree with you. You and I are on the same page. I just don't know if the Vice Mayor is aware that we're going to keep the money in there. MAYOR DICKEY: Councilman Scharnow? COUNCILMEMBER SCHARNOW: Yes. Thank you, Mayor. No, I think either all of us or a big majority of us did agree to start that Sinking Fund and start saving for the liner, so. MAYOR DICKEY: Like you said, we'll talk about it more when we get to that item, but I think that there's enough here to put aside and to spend immediately on roads also. DIRECTOR POCK: Yeah. And I just wanted to make one comment, going back to the original question with the 3.9 being in pavement maintenance -- that that is $2,000,000 more than what was originally budgeted because we had $2,000,000 in CARES Act savings that we transferred into that category. So we are on that road to more pavement maintenance. You can see Technology Replacement Fund. That was a new fund, and we're just starting to -- we're funding that through internal service fees to each department, but it's starting to grow, but we're also having some good expenditures from there as well. Vehicle Replacement is steady at 1.3. Then, the Unassigned Fund, which is basically just a portion of the General Fund, is expected to end the year at around 9.2. That will come into context a little bit more on this slide. So this is just each of those categories and their totals. Total overall fund balance across all funds at the end of the fiscal year is $30.4 million. Those stability metrics are something that we just started doing with the new financial policies. You can see our five-year average there for General Fund revenues is increasing. It's basically up TOWN OF FOUNTAIN HILLS Page 42 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 42 of 168 $1,000,000 from the year prior. And then the next line, unassigned balances a percentage of average revenues. We're going to be around 45 percent -- or were at 45 percent as of December 31st. That means that we basically almost our reserves -- or our Unassigned Fund balance has about half a year of revenues accumulated. So that next line is the number of months, so 5.4 months is where we're at. MAYOR DICKEY: David, the unassigned budgeted balance does not include the Rainy Day Fund? DIRECTOR POCK: No. MAYOR DICKEY: So we've got the Rainy Day Fund in Restricted, and then we've got this as -- but part of this now, is that capital projects or other things that just didn't get in on the particular fiscal year? Like, help explain why there's a $9 million Unassigned Budgeted Fund balance. DIRECTOR POCK: Okay. So that's basically savings -- maybe either we didn't spend as much as was budgeted, which has happened every year that I've been here -- and revenues -- we've actually collected more. So that difference adds to fund balance. This is as of December 31st, so we're on our way to also having an -- I don't want to say excess -- additional savings at the end of the fiscal year that would transfer to the Capital Projects Fund. There -- MAYOR DICKEY: That's kind of what I wanted to ask. So if we're going to transfer -- it looked like we were going to have a capital budget balance of 4-something million. DIRECTOR POCK: Correct. MAYOR DICKEY: So this isn't all going to that, then? There's some of this -- that's because it's unassigned but it's budgeted. That's a little bit confusing, so I was hoping I could see the difference between that 4 million, which is actually the total. So it's at less that's actually going into Capital, correct? DIRECTOR POCK: Well, for the Capital Fund, part of that 3.4 is the -- 4.4 -- is the 3.5 that we transferred from last year's -- fiscal year '21 revenues over expenses -- the savings in the General Fund got transferred to the Capital Projects Fund. So the 9 million that you see in Unassigned, that doesn't include any Capital Projects Funds at all. All of those would be up in the Committed section and that 9.5 -- sorry, 9.5 up there. TOWN OF FOUNTAIN HILLS Page 43 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 43 of 168 MAYOR DICKEY: So it shows up as a -- where at the beginning of the fiscal year? DIRECTOR POCK: So our fund balance at the end of the year rolls over for beginning fund balance the next year. We don't make our transfer until after the audit of that year that just finished so that we know exactly what the audited numbers are so that we can make the determinations on what transfers need to be made into the Capital Projects Fund. So -- MAYOR DICKEY: Oh. DIRECTOR POCK: So as of -- you can see the 6.9 million as of December 31st. That includes the 3.5 that was transferred, plus, obviously, Capital Projects expenditures -- MAYOR DICKEY: Um-hum. DIRECTOR POCK: -- going out. The 9.5 at the end of the year wouldn't include any transfers that are going to happen in fiscal year '23 yet, though. Does that -- MAYOR DICKEY: Yeah. I just -- the definition of unassigned budgeted fund being that high I think is something that is always a hard thing to understand. And I'm still not there. DIRECTOR POCK: Right. Well, some of that -- so about 4 million -- well it's 3.9 -- would be according to policy where we're keeping 20 percent -- of the five-year annual revenues as unassigned as kind of our cushion. That was because of policy. So then, you're down to about 5 million. That doesn't mean -- if we spent everything that we budgeted for for the current year and our revenues stayed the same and came in at budgeted numbers, then we'd have that 9 million going forward. But we're going to add to that. So it's actually going to be -- I don't want to say it's going to be larger, but I mean, it absolutely could be larger. This is a -- yeah. Just because we budget for more than what we actually spend. And then, our revenues, we take a pretty conservative approach on that. We are getting closer to refining that model to where it's more in line with what's expected. But we're always going to have -- I shouldn't say always -- we anticipate having more revenues than what we budgeted and less expenditures than what we budgeted. So then that difference is what adds to the fund balance. MAYOR DICKEY: Okay. DIRECTOR POCK: And then that's where we have the discussions towards -- you know, when we start talking about transfers of that excess that we want to fund the TOWN OF FOUNTAIN HILLS Page 44 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 44 of 168 Environmental Fund again with another, you know, our Facilities Reserve and that sort of thing. MAYOR DICKEY: Okay. COUNCILMEMBER FRIEDEL: David? DIRECTOR POCK: Yeah? COUNCILMEMBER FRIEDEL: Can I ask you a quick question on your stability metrics? That 5.4 number of months average revenue. Is that like a benchmark? Is that where we want to be? Do we want to be higher? DIRECTOR POCK: Right now as far as -- the typical number is 30 percent. So we're actually above that for right now. Again, going to my next presentation, I'm fine with 45 in there, so. That's what I'm -- there's a lot of stuff that are starting to shake lose, as everybody knows, as far as the market, inflation, investments. I think it's safe. Other questions? All right. Talk amongst yourselves. MANAGER MILLER: When he's done with this one, then we'll make a break before the Capital Presentation. DIRECTOR POCK: All right. So here we go. Everything starts off with assumptions and a whole bunch of asterisks, but this is kind of our best shot at this point. Everything's assuming that we're maintaining our level of service; we're not cutting any programs. There's a slight increase in the TPT restaurant and bar service categories that was included. There's also a modest increase in the income tax just because we know that we're going to be looking at '21 income tax returns and it should be a little better than '20. We do have the downward pressure, as far as the population, so like I said, I'm just hoping that the bigger number -- the overall number gets bigger, even though our slice is a little smaller. Development services revenue includes continued activity in Adero Canyon, and then as well as the new addition at the Fountain Hills Hospital. The 3.0 percent increase in the rural metro contract's in the contract, so we know what that one is. We actually received the MCSO numbers on Friday, I believe, so I've included those and updated the slides with those. VICE MAYOR MAGAZINE: I'm sorry. David, just benchmark. How does that 6 TOWN OF FOUNTAIN HILLS Page 45 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 45 of 168 percent increase compare with the last couple of years? If you don't have it at your fingertips, it's okay. MANAGER MILLER: It's lower, although we had a trend -- actually, was it last year where it was a much smaller number, or was it the year before? I -- VICE MAYOR MAGAZINE: I thought it was like 3 percent, or something. MAYOR DICKEY: At first it was 10, then it was 3. VICE MAYOR MAGAZINE: So we're way down, yeah. MANAGER MILLER: Right. I mean, we had been in like, in the double digits, and then we had one year where it was like just a marginal amount, like 2 percent, or something like that. VICE MAYOR MAGAZINE: Was that related to paying off the debt for retirement? MANAGER MILLER: The Underfunded Retirement System. VICE MAYOR MAGAZINE: Right. MANAGER MILLER: That was part of their increase, and then they also assessed a administrative fee on top of that to recover some of their, like, IT and other charges. So but this is actually -- we had programed, I think 10 percent, right, David? MAYOR DICKEY: I think at that point, too, the discussion was it was a 7 percent over several years, because it had -- MANAGER MILLER: Absolutely. MAYOR DICKEY: -- really changed a lot. So I think -- MANAGER MILLER: I think over the course of ten years, it was close to -- MAYOR DICKEY: Yeah. MANAGER MILLER: -- an average of 7 percent. MAYOR DICKEY: Yeah, 7. Oh, sorry, Councilman. COUNCILMEMBER SPELICH: Thank you, Madam Mayor. I hope it's the intention of the Town Manager, the Director of Finance, as well as the Mayor and the Council, that we're not going to enter into a new contract with MCSO until the audit has been completed and we know exactly where we stand with the numbers coming from the audit versus -- because, I have heartburn with 6 percent without knowing that number. MANAGER MILLER: So just to respond to that -- so basically, we met them three weeks ago, and they are supposed to get back to us and we're supposed to meet again. TOWN OF FOUNTAIN HILLS Page 46 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 46 of 168 But I will tell you we did find that there was a flaw in one of the assessments or one of the areas, and that was detectives. So I just -- without getting into the detail here today, I did want to let you know that they are going over our assumptions that led to the numbers that we've reviewed. And so we will be getting together with them very shortly to go over what they believed the numbers to be. And what I think we're going to end up doing is we're going to end up probably having to do an extension of our current agreement while we kind of hash out a new agreement. COUNCILMEMBER SPELICH: Thank you. MAYOR DICKEY: And also we're doing the assessment of both fire and police. That should be April? May? So that'll help a lot, too. DIRECTOR POCK: All right. One final note as far as assumptions go that all of the departmental supplements that have be presented to the town manager are not included in any of these numbers. So those decisions to be made, and those will come in the proposed budget when we have that meeting. All right. So now the not-so-bright news, and it just gets better day by day. January inflation numbers came in annualized at 7.5 percent. As most of you know, if you've been watching the news, everybody loves to say that that's the highest it's been since 1982. It doesn't look like it's going down before we get the February numbers, so we'll just wait and see. Current U.S. unemployment published numbers 4 percent. Based on those two numbers, since those are the two numbers that are supposed -- oh, sorry -- that drive federal monetary policy, the Federal Reserve's expected to begin raising interest rates starting with their next meeting in March. VICE MAYOR MAGAZINE: David? DIRECTOR POCK: We've got ten more opportunities to raise rates and it's becoming more and more clear that they can raise rates up to seven times before the end of the year. VICE MAYOR MAGAZINE: Question, David? DIRECTOR POCK: Yes? VICE MAYOR MAGAZINE: Presuming that there is a war in Ukraine -- a full war -- what I hear is that inflation here is likely to climb quite a bit. So I guess I'm stating the obvious, so as we put the budget together -- well, we should know by then, I would think. TOWN OF FOUNTAIN HILLS Page 47 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 47 of 168 DIRECTOR POCK: So you know, when we do the budget, we basically do what we expect it to be without outside influence, right? We didn't increase our budget numbers by 7 1/2 percent; we didn't inflate them any. We kept them the same for the most part. There were some changes; some things increased. This goes towards that reserves that -- VICE MAYOR MAGAZINE: Exactly. DIRECTOR POCK: -- why I was saying it's a good time to have a little extra money. VICE MAYOR MAGAZINE: So it's assumption that the rates -- that the inflation rate goes up, you park some money in reserve to protect against that eventuality, as you say. MANAGER MILLER: And to the Vice Mayor's point, too, petroleum prices are hovering around $100 a barrel, so gasoline prices, you know, drives everything. So everything from trucking, shipping, all that, which all then affects consumer prices and everything we pay for. So that is right, because the jitter's going on right now with the markets. DIRECTOR POCK: All right. So as you can tell, or probably read already, the higher interest rates could possibly result in a recession. That's obviously going to slow down economic activity locally. And this goes back to the restaurant and bar categories and the services categories that we've made some progress on are particularly vulnerable to those types of economic downturns. Our base is fairly stable with retail sales and the types of businesses that we have in town, so. But it would cause a reduction in our TPT, so. One of the interesting metrics that we did get out of the GFOA conference this year, is that Arizona's population was actually number four in the country as far as growth. We are behind Idaho, Utah and Montana. That goes back to what the Vice Mayor and I were discussing just a little while ago, that with those increased populations, increased income tax, increased home prices, increased just about everything. So it's definitely an interesting time. VICE MAYOR MAGAZINE: Why would there be increased home prices? DIRECTOR POCK: Just because there's high demand, low supply. Our housing markets -- if you've looked at your home value recently, you know that -- VICE MAYOR MAGAZINE: Yeah. DIRECTOR POCK: -- I think it raised up over 20 percent or something. VICE MAYOR MAGAZINE: I understand. But if inflation rears its ugly head and goes TOWN OF FOUNTAIN HILLS Page 48 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 48 of 168 up seven times? DIRECTOR POCK: Then people can't afford them. VICE MAYOR MAGAZINE: Right. So there won't be as much -- DIRECTOR POCK: They won't be able to afford the mortgage, right? Because of the interest rates. So yeah, you don't see a lot of movement when that happens, so they become unaffordable. But definitely, over this past year with Arizona growing and more people moving in, a lot of money's come into the state. As far as Arizona goes, our unemployment rates, according to the League update, I believe, or it might have been the investment update, the employment rate's back to pre- pandemic levels. That's good news all around. All right. So as far as what's expected for next year. Our construction's pretty stable. Again, the utilities go down somewhat as far as the projected numbers. Wholesale, retail comes up to almost $10 million. Restaurant and bar -- this is excluding any external type factors -- we expect to see a slightly more of that category. Real estate's stable. Our long-term rentals in the town are pretty good base. And then our services, obviously increasing as well. And these are all based off of the ten-year trend, prior numbers, historical numbers, and then going forwards. MAYOR DICKEY: Where do the hospitality -- the hotels go in on that? DIRECTOR POCK: That's in Services. MAYOR DICKEY: In Services, okay. VICE MAYOR MAGAZINE: If I could just -- you know, when we had COVID and we talked about what is likely to happen in a lot of these categories, we decided to reduce our expectations quite a bit. As we go forward, given inflation and given rates going up, possibly going up significantly -- I'm stating the obvious -- I think we have to be very, very careful about what we budget. We should have some sense as to what's going to happen by the time we approve a budget, but I don't see things getting better. I'm anticipating things getting worse like they did with COVID. DIRECTOR POCK: I agree. And a lot of that is taken into account and kind of tempers expectations somewhat. In the case with TPT, like I said, restaurant and bar services are going to take a big hit in a recession. As far as the wholesale retail, inflation is actually going to cause our TPT expectations to rise. If inflation rate is 7 1/2 percent, that raises TOWN OF FOUNTAIN HILLS Page 49 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 49 of 168 the cost of the products, but then they're charged a 2.9 percent TPT rate on that. But then there's a breaking point. If people don't have the money to spend, then it doesn't matter. 2.9 percent of zero is still zero, so. All right. As far as overall with TPT, state shared revenues, permits, licenses, charges for services, we're looking at just about 23.2 million in revenues for next year. So about $600,000 more than our current year. As far as expenditures, these are the numbers that we've got kind of as our base that we'll be working on to build the proposed budget from. Again, there's about $600,000 more. The red asterisks is excluding contingency -- and we've had this conversation each year as well -- General Fund is required to be balanced. So if we're expecting -- our revenues are obviously what drives this -- if we're expecting our revenues to be $23,000,000 but we only have 19 million budgeted in General Fund, then we make up that difference with Contingency. So it's basically just a holding account plug number, if you will. So for next year, yeah, 19.2 million in expected expenditures. Our FTE slide -- we added a few positions this current year. Just kind of shows you the trend. The famous slide, the slide that -- every year that I do this, I wish that I had a better way of doing this, and we're working on it, but at this point, there's no better way. So we've got a revenue increase basically built out into the future with a 1 percent increase, keeping it nice and moderate. But then, I think -- I can't remember what percentage -- I think I upped it to like 3 percent or something -- inflation for expenditures. Could you imagine what this slide would look like if I put 7.5 percent in? It's obviously not going to stay 7.5 year over year, hopefully, but anyways. So this slide is always going to show us lower revenues in those future years than expenditures. But most importantly is that next year for fiscal year '23 we are showing that we've got more revenues than expenditures for next year. So then we've already talked about most of this. Obviously, the increased pressure on the Fed to address inflation, possible recessions. Our core sales tax categories are relatively stable. Restaurant, bar and services are going to be the areas to watch. Arizona communities are growing at a faster pace, but that's obviously going to result in our smaller share. Hopefully, the overall numbers keep getting bigger. There are fewer development opportunities in town. It's not a surprise; we just don't have TOWN OF FOUNTAIN HILLS Page 50 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 50 of 168 the land or the opportunities to build on that land, so. And then, of course, cost of maintaining the town's infrastructure -- the streets, the buildings, that continues to increase. The good side of the coin, we still managed to get budget savings each year out of General Fund. We collect more revenues and we spend less, you know, than budgeted on expenditures. We've got a relatively stable TPT base overall. We are increasing the number of hotel rooms available in the town. That's a good category because not only is the base rate, but we also have the bed tax for those short-term rentals. Hotels and short- term rentals actually make up about 57 percent of that Services category. And then of course, federal stimulus has obviously relieved some of the pressure on immediate infrastructure needs. It's a debate or not how that's affecting the inflation rates, but that's personal opinions to be had, I guess. And that's it. MAYOR DICKEY: Yeah. A couple things in the headwind category, unfortunately, seemed to be the legislative agenda this year, which has several bills that will affect our ability to collect sales tax on certain items, automobiles, building materials, a couple other things I can't think of right now, but they could affect one of the things that's the strongest supporter for Fountain Hills because, like you were saying, we don't have a lot of the opportunities that maybe some of other cities around us do, which also points out the importance of our regional position in the Valley. One of the -- one of the things from the past that I'm glad is gone, is that there used to be so much parochialism, you know -- well, are you in Scottsdale? Are you in Tempe? Wherever, you know, you're getting all the taxes, but this whole regional approach is really the best way for Fountain Hills to have a position here of strength. Because again, if our slice is getting smaller, we want that pie bigger, and we're in that pie. But I think we also need to be aware of those legislative changes, because some of them could be quite devastating. You know, we look at the construction sales tax and if they start to say it has to be point-of-sale, we're in big trouble. So just keep that in mind. Yes, sir? COUNCILMEMBER FRIEDEL: Just one question, David. We're on track to get about $1,000,000 a year in internet sales tax. Are we still in that range? Are we doing better? DIRECTOR POCK: So I think -- I think it was -- yeah, like 1.3, 1.4. So 1.5 and overall utilities, transportation and communications, it would be part of that. I'm not sure if it TOWN OF FOUNTAIN HILLS Page 51 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 51 of 168 would be two-thirds of that or not -- or a third. As far as like -- are you talking about, like, online subscriptions and that kind of stuff? COUNCILMEMBER FRIEDEL: Amazon and all the other. DIRECTOR POCK: Okay. So from the retail -- [CROSS TALK] COUNCILMEMBER FRIEDEL: So when that law first got enacted, we picked up $500,000 in one year -- I think it was right around the mid-mark -- DIRECTOR POCK: Right. COUNCILMEMBER FRIEDEL: -- of the year. DIRECTOR POCK: We can go back and look. As part of that deal -- and they do this -- unfortunately, each of these categories has many different classifications in them. Online sales used to be its own code that they would report under and now, it's just rolled up into the general retail and wholesale, and I can't specifically sa y, oh, well, Amazon, we got this much from them. But I can aggregate some of the larger ones. I'm surprised at the number of online websites when I just kind of go through the report. There's a lot -- I mean, a lot of online sales listed. MAYOR DICKEY: So that's the line item that's actually closer to 10 million? DIRECTOR POCK: Yes. That would be part of that. MAYOR DICKEY: Okay. DIRECTOR POCK: Okay. MANAGER MILLER: Yes. How about ten minutes? We'll see everybody back in ten. [RECESS] MANAGER MILLER: Justin, do you guys have your presentation loaded up? DIRECTOR WELDY: Yes, sir, we do. MANAGER MILLER: Okay. MAYOR DICKEY: All right. So we're moving on now to Capital. You're on. DIRECTOR GOODWIN: Okay. So the second half of our budget conversation we just heard about (audio interference) start with our current projects and then we will look at the proposed projects for the next fiscal year. So in front of you, you have where we are right now with the current projects. We have one completed, which is the skate park TOWN OF FOUNTAIN HILLS Page 52 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 52 of 168 lights and the mini pitch over at Desert Vista Park. The rest of them are in process. They were all at different stages of their progress. The surveillance cameras -- Justin, where is that one, do you know? Okay. The Four Peaks Park improvements are underway. We've already completed the gaming tables and some of the improvements there. So that one's in progress. The splash park is very well underway. We are on target to reopen that this spring. Sun Ridge Park is on pause right now. I think a number of you guys were up to speed on that. We'll be talking about that one later. Four Peaks Park parking lot is also underway, we're at 95 percent design. So we should be completing that this spring. The Linear Park, we'll be replacing the event receptacles. Those are the outlets. Those are also underway. Will we be tackling that this spring, do you think, Justin? DIRECTOR WELDY: Correct. DIRECTOR GOODWIN: The Fountain Park [LAUGHTER]. Yes. The Fountain Park playground is also underway. That will be -- that one is also scheduled to be completed later this spring. So be excited for that one. And then the turf improvements is an ongoing. That one has -- it's first efforts were done this fall, we'll be completing those efforts later this spring, as well, and then looking for the second half of next year. So those are all the current projects right now. Looking forward, we have a number of projects to propose for consideration and discussion today. The first is the completion of the ball field shade structures at Golden Eagle. It's a -- proposed at 150,000. It would complete the shade structures that are there. A number of them were redone as part of the overall park improvement. We need to complete those. There's a number -- there's two shade structures needed down in the primary ball fields, at Fields 2, 3, and 4. There are none up on Field 1. We'd like to complete all of those next year. The sports field lighting at Golden Eagle. This is a big number. If you've been watching any of our budgetary stuff over the last few years, this project has been identified in the CIP for, at least the four years. It's been pushed out. Knowing that we -- it's a -- it's a big number and a big project to tackle, we are at a point where we're spending, roughly, $25,000 annually just on maintenance for what we have currently. At some point, we need to upgrade to an LED system at Golden Eagle. TOWN OF FOUNTAIN HILLS Page 53 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 53 of 168 VICE MAYOR MAGAZINE: Question? DIRECTOR WELDY: Yes, sir? VICE MAYOR MAGAZINE: Correct my arithmetic on this, but you got two-and-a-half million dollars, currently spending $25,000. Is that 25 year payout? DIRECTOR GOODWIN: So the 25,000 is just where we are today. That number is expected to go up. Each year those get older, the more maintenance they require. We had several failures this year and again, they're surpassed their life expectancy. So that maintenance number is going to keep going up. VICE MAYOR MAGAZINE: Well -- DIRECTOR GOODWIN: For the 2.5 million, the 20 -- to replace them, they will have a return on investment within their warranty period. So we will pay -- they will pay for themselves within their warranty time. VICE MAYOR MAGAZINE: Is there more about that? DIRECTOR GOODWIN: And it's -- if I may, it's a very long warranty. You want to explain the warranty period on it? MANAGER MILLER: Yes. Kevin, I want to say it's 20 -- 20 years. It's a 20-year warranty if -- when we replace them. The lights that are there now are not under warranty any longer. So the effort here is to put in newer -- newer lights that use less energy that have a quicker return on investment than standard lights do. VICE MAYOR MAGAZINE: I guess, I would have to be convinced. You got two and a half million, let's say it went from 25 -- current spending, 25,000 to 30,000 -- because you said it's going to go up -- we're still talking over 20 years. 20 year at 30,000 apiece -- over 20 years. And I'm just wondering why we would lay out $2.5 million today. DIRECTOR GOODWIN It won't be 30,000. Every time -- they're expected to take up to 60,000 next year, based -- just based on the replacement cost with all of the lights. So think about each of the banks up there have 20 to 25 lights -- light bulbs in them. Several are already out. We haven't replaced them yet because we're trying to figure out if we can make this -- if we can make this improvement and not spend that money. If we don't and we -- and we continue the maintenance, that number will go up significantly. VICE MAYOR MAGAZINE: From 25,000 to 60 is quite a jump. Can we get, in the future, some more specific information as to how you -- TOWN OF FOUNTAIN HILLS Page 54 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 54 of 168 DIRECTOR GOODWIN: We can -- VICE MAYOR MAGAZINE: -- excuse me, as to how you get the 60,000? DIRECTOR GOODWIN: That's an expected number, but we can certainly give you the -- there's a budget -- in the budget book, there's more information, right? DIRECTOR GOODWIN: Yeah. DIRECTOR GOODWIN: It's in -- okay. So this is just a slide but we can certainly share that information with you of -- to when and how. The biggest concern we have right now is that we aren't under warranty. So if something catastrophic does happen, we don't have a recourse. And they also aren't -- so like --Kevin, this is a question for you -- they don't manufacture -- or how difficult is it to get parts with the existing lights that we have now? Do you know? SNIPES: That's certainly something that's coming up and continuing because of the amount of highlighting and going into LED. The biggest factor for the 25 -- 20 to 25- year payout on the new lights will be that they're -- the energy cost drops substantially. Our ability -- we can run them at even a lesser -- they have three dimming capabilities. So when we're doing maintenance on the fields late at night, we'll be able to run them at the lower light level, which will be less impactful on the residential areas around the park. We get a lot of complaints on the lights that we have now because they look like the ones that are on the right, versus the ones that are on the left, where you can see refraction of the light is much, much better with the LED. VICE MAYOR MAGAZINE: I -- SNIPES: It would also reduce that, but I think it was 18 years on that. I don't remember that for sure. But -- DIRECTOR GOODWIN: Return on investment? SNIPES: Return on investment was at 18 and a half. VICE MAYOR MAGAZINE: I just want to make sure this isn't a nice-to-have item. And I'm hearing -- and I'm -- I don't blame you because we're not going into depth, a lot of generalizations. And I'd like to see an analysis of this. DIRECTOR GOODWIN: We can certainly provide that. Oh yes, there's a CIP workshop next month. We can certainly have that ready for you. VICE MAYOR MAGAZINE: I can't be there. [LAUGHTER] I'm not going to be there. TOWN OF FOUNTAIN HILLS Page 55 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 55 of 168 DIRECTOR GOODWIN: Oh. The one thing that also is the concern, and this is why it is put in the budget, is that that 2.5 number is going to continue to rise as well. So it's a matter of when do we want to make that investment. When is it most cost effective for us. No different than, you know, inflation and everything else going up. VICE MAYOR MAGAZINE: This is not a criticism. I'm hearing a lot of suppositions. DIRECTOR GOODWIN: Um-hum. VICE MAYOR MAGAZINE: And I really would like to see an analysis to help us make the decision on this. MANAGER MILLER: We'll provide that definitely. Another thing to keep in mind, that these are really approaching the end of their useful life. So that's a key, as well. Just like you would eventually replace a roof or something like that, these actually have an absolute limit on their useful life. We will definitely do that as part of the presentation we do here on the capital for next month. So thank you for raising those questions. MAYOR DICKEY: Councilman? COUNCILMEMBER SCHARNOW: Yeah, just curious, being a Dark Sky guy, I'm kind of surprised Alan, you're not all for this. But anyway. [LAUGHTER] MANAGER MILLER: They're an exception. COUNCILMEMBER SCHARNOW: Yeah, sure. Do we need new poles and everything. Is this 2.5 everything, all at once, like this year, or are we going to phase this in and -- I'm just wondering how -- I mean, are you looking for the 2.5 right now, or -- DIRECTOR GOODWIN: Ideally, we would do it over two fiscals so that it -- we could overtake it over a summer window if -- again, we would have to work with Musco because there is a -- there is a sourcing process that has to be done, there has to be. So ideally, if we could break it over two fiscal years so that way we started it one and finished it in the next, that may be an option for us. And then it would be matter of if it -- if we had the tentative yes, then we want to look forward into moving towards this, we could work with Musco to figure that out and how we could break it over two fiscals. There is a lot of replacement pieces that would have to happen. The lights out there are just simply that old and that outdated. And so we would work with them to do that. TOWN OF FOUNTAIN HILLS Page 56 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 56 of 168 COUNCILMEMBER SCHARNOW: Well, when you say two fiscal years, you mean, maybe starting in May or June and then carrying it, right? I mean, -- DIRECTOR GOODWIN: Yeah, exactly. COUNCILMEMBER SCHARNOW: And I'm sure it's more expensive to have them come out twice, rather than once. DIRECTOR GOODWIN: Exactly. COUNCILMEMBER SCHARNOW: So that's -- DIRECTOR GOODWIN: Well, we would want to mobilize something like this over a -- our slowest time period, which is generally the summer time there. COUNCILMEMBER SCHARNOW: Right. Um-hum. MANAGER MILLER: To Rachael's point, she's talking about budgeting two fiscal years, but it'd be one contract that would cover the two fiscal years. DIRECTOR GOODWIN: Thank you. MAYOR DICKEY: Councilwoman? COUNCILMEMBER MCMAHON: You are very astute at finding money [LAUGHTER] outside sources, like the mini pitch, et cetera. Given that this is a sports facility, do you know or have you researched any grants or any outside resources that would pay for a portion of the replacement lights? DIRECTOR MILLER: There are a number of grants. The first one that comes to mind is usual -- is the Sports and Tourism Authority, which we've been recipients of in the past. It does have a cap at 500,000. So it really is a small dent, so to speak, in this number. And it is contingent if we were to receive it. So there's a lot of things that would have to fall into place for that. But we can certainly continue to look for funding sources. A lot of times, they have a match component. So it is a situation of having the money, having the project approved, so that the match is there. So that we could go after the supplemental funding, if that makes sense. COUNCILMEMBER MCMAHON: Um-hum, yes. DIRECTOR GOODWIN: So we can certainly continue to look for that. This is just definitely a big number for us. COUNCILMEMBER MCMAHON: I know it is. I'm -- I know that it is and I know that you're probably not going to find 100 percent of it but I mean, even a half a million, or TOWN OF FOUNTAIN HILLS Page 57 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 57 of 168 whatever, it still would help. You know? DIRECTOR GOODWIN: Certainly. Anything's better than nothing. COUNCILMEMBER MCMAHON: Yeah. DIRECTOR GOODWIN: Yeah, no doubt. COUNCILMEMBER MCMAHON: So thank you. COUNCILMEMBER FRIEDEL: Along that line, would Musco be interested in naming rights on the field? [LAUGHTER] COUNCILMEMBER SPELICH: Rachael, I would suggest -- I'm for this. What I would suggest is, is that a key selling point in this, possibly to the Vice Mayor, would be if you guys could show the total amount of money savings going to LED. It's going to be big number. It's going to be a big number. Also, I don't know if it's still going on, but SRP has a program where they're asking residences -- and I believe commercial structures -- to switch from halogen to LED. And they have an LED program. Linda Brady would be someone that we could utilize to reach out to her and ask her. But I don't know if the program is still going on so don't quote me on that. But there was a program funded by SRP to get people to switch over to LED because of the savings being so significant. So just something to think of. I'm for it, but I just may -- it might sway some people up here. VICE MAYOR MAGAZINE: I just want to make sure I understand. I'm not against this. I want to make sure it's cost effective. DIRECTOR GOODWIN: Absolutely. We'll be happy to bring more of a detailed breakdown when we meet -- for us to discuss the CIP. MANAGER MILLER: To Councilmember Spelich's point, we always work with SRP. In fact, we've had some very good luck with -- we've made some improvements to the interiors of the buildings on LED lighting replacements that we've gotten some significant rebates. And this is one that we should reach out to our account rep, either Linda Brady or our account executive that oversees our account because they have to actually manage a -- quite a bit of money. So it's just part of the overall puzzle, helping to pay for these. MAYOR DICKEY: We can't use development fees though, right, because it's not, like, a TOWN OF FOUNTAIN HILLS Page 58 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 58 of 168 new thing? DIRECTOR GOODWIN: Unfortunately, correct -- you're correct. MAYOR DICKEY: Okay. DIRECTOR GOODWIN: Sorry. MAYOR DICKEY: Thanks. MANAGER MILLER: All right. DIRECTOR GOODWIN: Next project would be consideration for lights for Fountain Park, the Fountain Park playground. This is estimated at 170,000. This is a response to multiple points of feedback we've had about users and our residents requesting to use the playground after dark. And as of right now, it is not a lit playground. A number of ours are but the one at Fountain Park is not. The Fountain Park playground shade structure. So when you do play a -- during the day, you want shade. We have a shade structure there. The poles that are supporting the shade structure are failing. You can kind of tell from this picture that they're starting to tilt. While it's not a safety issue right now, it does need to be repaired. We have two options. We're going to look at the least expensive option, which is the 12-5. However, if that option isn't doable or if that doesn't fix the problem, then an additional 2,800 -- 28,000 would be needed to do the secondary effort. MAYOR DICKEY: Well, the natural question would be, is there any relief from whoever put them in wrong? DIRECTOR GOODWIN: That is actually -- that's a good question. I think they were inspected and they were -- passed inspection, to my understanding. This was a number of years ago. So we did go back to review them. Is there any recourse there, do we know, John or Justin? Okay. So the -- this request is a request over the course of four years. So it's a request of 100,000 annually, over four years, to a total of 400 to do continuous sidewalk repair and replacement in all of the parks. As you know, we have quite a bit of walking path. We have quite a bit of concrete in and around our parks. Fountain Park being one of our primary, it has -- gosh, more than a mile of sidewalk. And then, on occasion, we have roots, we have lifting, we have damage that needs to be done. And that needs to be maintained. And we don't have a fund set aside for that. So the request at this point, is TOWN OF FOUNTAIN HILLS Page 59 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 59 of 168 to, kind of, have that -- those funds available as needed so that we can do those repairs and prevent trips, falls, and safety hazards, and other things like that. VICE MAYOR MAGAZINE: We've probably discussed this in the past. I just want to know, is there an option to concrete that's more stable, in terms of wear and tear? DIRECTOR GOODWIN: That's a good question. I'm sure there is. We have explored a number of different surfaces. We haven't experimented with any here. If we were going to, it would be great to do, sort of, a small area -- test area, so to speak, to see if that works. My understanding is that, financially speaking, concrete is the -- is the most feasible in that regard. VICE MAYOR MAGAZINE: Except it doesn't la -- it may not last as long as something else, though. So -- DIRECTOR GOODWIN: Correct. VICE MAYOR MAGAZINE: -- it might be worth looking into. DIRECTOR GOODWIN: Absolutely. MANAGER MILLER: The -- yeah. And the reason why the concrete, it's probably actually a better maintenance item, particularly, maybe at Fountain Park. We have a lot of issues with the coots that leave droppings and such. And we have to use pressurized water to kind of clean that up. And some of those impervious surfaces that you might see in parking lots and other walking pass are probably not a really good idea. Plus people, if you were to use granite -- decomposed granite -- it gets kicked into the grass. So that's part of the other issue. But certainly other parks could be looked at to see if they may be more viable at different locations. MAYOR DICKEY: One of the things that we talked about at Fountain Park a long time ago, I think, was actually increasing the amount of concrete when we were having such issues with the turf. So I didn't know if that was ever anything that we were continuing to look at. You know, because we were -- we were talking about using the composite -- or the granite and something to, kind of, minimize some of that turf area. So -- but this is kind of different. I guess if we were going to start to repair, we might think a little bit about whether want to that -- we want to go in that direction. DIRECTOR GOODWIN: Sure. I recall last time we talked about that, we were having some irrigation, and some runoff, and some other things that we have been able to amend TOWN OF FOUNTAIN HILLS Page 60 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 60 of 168 so that we aren't having those issues. So I don't know if that's still an interest to go down that -- that path or not. This is simply to do maintenance and repair of existing areas if and when needed throughout our parks. MAYOR DICKEY: If it ended up being -- you know, this is obviously -- this photo is a confined area, but if we did look at that, I think part of it had to do with the salt, and the water, and the turf issues that we were having. So -- and also, maybe using less water in general. So I don't know if that's still on the table or if that's something worth discussing. DIRECTOR GOODWIN: The next project we have is known as the Centennial Pavilion. This is a combination project that came forth at -- through a number of different forces after the community center project this summer was completed. And through the duration of the last two years of COVID, it's become noted that having an outdoor gathering space is something we don't have here in our community -- shaded outdoor gathering space. So Centennial Circle was reviewed as one of those places that is underutilized and could stand to be improved with a shade structure. So what you're seeing here is a rendering of a potential shade structure that does not have a center post. If you're familiar, most -- you know, most tent structures have that, kind of, center post. What we would recommend doing is pursuing a shade structure that does not, in order to provide a entertainment space, a gathering venue, a performance place, under, you know, over this -- over this existing Centennial Circle. It would be an extension of the Community Center and usable throughout for our other campus partners such as the museum, the library, and the community garden. VICE MAYOR MAGAZINE: Yeah. Here I go again. MAYOR DICKEY: This is Dark Skies. VICE MAYOR MAGAZINE: I know. (Laughter) I think we should have traffic lights -- I mean lights in the -- anyway. Isn't this -- we have not had a shade structure for how many years there? Decades? Forever? MAYOR DICKEY: 2012. VICE MAYOR MAGAZINE: Okay. MAYOR DICKEY: That's when we (indiscernible) 2012. VICE MAYOR MAGAZINE: All right. Well, I just wonder if this isn't another, nice to TOWN OF FOUNTAIN HILLS Page 61 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 61 of 168 have item that just really isn't necessary. The other thing I want to say before I give up the mic is that last year or the year before, I asked that we get a list of all the possibilities for spending this kind of money so that we could take a good hard look at it and see what it is we want to spend money on and what it is we want to put off. So when we're presented with these, it's almost, like, the staff has made all the decisions, subject to council approval. And I think there has -- I think that has to change. MANAGER MILLER: Well, if I could just address, I mean, if the Council didn't want this and they provided us guidance today, this would drop off the proposed listing of projects. So, I mean, we do listen to the Council. VICE MAYOR MAGAZINE: No. I'm not suggesting that. MANAGER MILLER: You're saying if it's in the -- in the approved list and the Council adopts it in the budget, that something come back to you guys to determine if this is still a high priority or not? VICE MAYOR MAGAZINE: Well, and what other items might be priorities instead of something like this. MANAGER MILLER: Okay. VICE MAYOR MAGAZINE: Because the list can be very long. And I'm not saying this isn't worthy, although I do have some questions. But what are we -- when it comes to this, what are we balancing this off against other items that we're not talking about funding? MAYOR DICKEY: I don't know. I guess I think of this -- yeah, I think this is that exercise -- Councilwoman? COUNCILMEMBER MCMAHON: No, I just -- was going to address Rachael about this and say this is basically an extension of the Community Center. It's basically something that could be rented out, although you may not recapture a hundred percent of the revenue spent, you would recapture some of it. It would become another focal point that's more usable than the one right now. DIRECTOR GOODWIN: Correct. So yes, it would be a rental resource. COUNCILMEMBER MCMAHON: Um-hum. DIRECTOR GOODWIN: And secondly, it is -- the Centennial Circle, while it has been installed since the Centennial, the Arizona Centennial in 2012, it is an underutilized TOWN OF FOUNTAIN HILLS Page 62 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 62 of 168 space -- COUNCILMEMBER MCMAHON: Right. DIRECTOR GOODWIN: -- i.e., the idea here would be to create a better system to use that space and make a new -- a new usable resource -- COUNCILMEMBER MCMAHON: Right. DIRECTOR GOODWIN: -- for the community that would be acceptable, you know -- COUNCILMEMBER MCMAHON: Right. DIRECTOR GOODWIN: -- over 65, so to speak. So yes, this would -- that would kind of check both boxes, if you will. COUNCILMEMBER MCMAHON: Okay. Thank you. MAYOR DICKEY: And then, before -- just to your point, Alan, the -- I had a couple, and probably all of us have had people suggest things that they'd like to see and I would like to bring that up when we're done. And those were the kinds of things I think that we measure against when we decide whether to move forward with something or not. And again, the final failsafe is, when it comes back to us as an actual project, we can say, no, you know, so much has changed, something has happened, we want to do this instead, or we can't do anything. So I think there -- there is a lot of flexibility. But this becomes the list and when we do our budget, the capital improvement part of it, the SIP (ph.), literally has every project on there. And those things, as they come up through the course of the year, that's when we make these decisions. VICE MAYOR MAGAZINE: Yeah. I'm just saying that, with all due respect, Mayor, this is not the list. This is a preliminary list that has been selected by staff to put before us that, in their judgment, are the things that we ought to consider funding. So this isn't -- to me, this is not the list. MAYOR DICKEY: Well, so and -- and again, this is, you know, it's all very flexible and movable, but if you look at our budget from last year, it moves -- it goes forward. So you'll see projects that extend for several years. I always refer to that, or I go back to our budget on the website when I want to see, well, what did -- what have we done, what was -- what's the list of projects. And this right now is literally the unveiling of the ideas that Staff has. And it is absolutely up to us. VICE MAYOR MAGAZINE: That's what I said. This is -- TOWN OF FOUNTAIN HILLS Page 63 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 63 of 168 MAYOR DICKEY: Okay. VICE MAYOR MAGAZINE: -- the unveiling of what the staff thinks should be funded. And I'm saying we should have more of an opportunity, and we will, to look at other projects as well. MAYOR DICKEY: Okay. Councilwoman? COUNCILMEMBER GRZYBOWSKI: I feel like one of the first things Rachel mentioned was, with the pandemic, it kind of came to light that we wish we had an outdoor space -- I should say a shaded outdoor space. So while this has been on the back burner, maybe in her mind, something that's been talked about for a while, it -- just the mere fact that we have no shaded structure that we can rent out, whether it be for a wedding -- and honestly, I feel like the library and the museum would absolutely love this. But I feel like one of her first comments was the pandemic. When blah, blah, blah, the -- the pandemic brought this to light. So I think that that's an important thing to -- to mention is -- is it's not that it wasn't on a list. It's just that it -- it became more important. VICE MAYOR MAGAZINE: Unfortunately, my wife is sitting in the back, nodding her head in agreement with you. (Laughter) COUNCILMEMBER GRZYBOWSKI: Yeah, but also that has to be -- the Centennial Circle has to be renovated anyway to some degree, right? Like, with movement of statutes and things like that. DIRECTOR GOODWIN: Correct. So there's -- there's a number of things that will -- that needed to be done within Centennial Circle. So this seemed to align with the timing of that. Now, that being said and -- and Vice-mayor, thank you for feedback because I do want to make sure that you -- everyone understands, this isn't just Rachel's wish list of what I, you know, think about at night. This is borne and based on community feedback. It's borne on the conversations that we have with staff and with other community members. Actually this one kind of came out of a -- when the Community Center was closed both for the pandemic and the remodeling, there was conversation of, oh, we want to keep our Spanish class going, or oh, we want to keep this group going. How -- where could we meet instead. And so we did use the back patio for a little bit. And it was, you know, we couldn't accommodate. And so people were naturally gathering in Centennial Circle or in TOWN OF FOUNTAIN HILLS Page 64 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 64 of 168 little shady areas of the parking lot. And so it became this conversation of, okay, if we had a place where we could program and support these types of uses, does that make sense? And then it sort of kind of snowballed from there as people said, actually, yeah, that would be great. Wouldn't it be great if we could move Munch and Music outside? Wouldn't it be great if the Dark Skies Festival had a place, you know, where they could have this or that? And it just sort of blossomed from there. So it -- while I think it is a good idea, and this is why I put it on our list so to speak, it is borne of -- through support of other people. COUNCILMEMBER SCHARNOW: Yeah, well I think it's one of those things where, you know, Alan, you had mentioned -- I mean, it is a nice to have, I agree with that. But on the other hand, you know, the splash pads a nice to have, you know, a new playground a nice to have. I mean, these are amenities that the community uses. And I think if it will increase activity in that area, it's definitely worth it. And it just makes that whole space more usable and, you know, you just don't see anyone out there now because it's just all pavers and, I mean, people walk around, look at the statues and stuff. And -- and that's about it. So I -- I think this would just enhance the whole area and be used a lot more. DIRECTOR GOODWIN: All right. Next up. This would be another playground lighting. We have some existing lighting at our Four Peaks Playground. It's kind of a view from our camera. It -- it has lights on one section. They are the old basketball court lights from when the basketball court was there. We'd like to retrofit those and add lights to the two- to five-year-old side. This is roughly $135,000 project. Again, to make the playground to usable after dark. (Laughter) Noted, thank you. The Four Peaks Park improvement and the upcoming fiscal would be the last year for this project. The Four Peaks Park project has been kind of an ongoing, rolling project for the last -- we're in year three, four now? So the last request is for the last $100,000 of the project to finish out the landscape improvements. We have a big, beautiful tree pictured there because we do want to add some additional foliage and natural landscaping over there. Desert Vista. So as I mentioned, we are wrapping up Four Peaks. And it's now time to turn our attention and our efforts to the Desert Vista Park. Desert Vista is where our dog park is and it's where our -- we've been putting in some efforts to improve the turf over TOWN OF FOUNTAIN HILLS Page 65 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 65 of 168 there. That's where we added the lights for the skate park, which incidentally have been super well received. And that's where we also added the mini-pitch through our partnership with Musco. So there's a couple of different projects proposed as Desert Vista. One is a $65,000 continuation. So a second year of the turf improvement we started this year. We made a lot of headway. We'd like to continue that aggressive push to get the turf up to best quality. And then we're looking at two years of $200,000 each to continue with park improvements, including adding a pavilion. So a shaded pavilion out there over near the playground area. Adding some fitness equipment. And adding a number of -- couple of other amenities within the park to upgrade it to our standard -- our park standards. MAYOR DICKEY: Rachael, would you be adding benches and seating, you know, that -- that has come up in the -- in recently from folks? DIRECTOR GOODWIN: So I think if you're talking about the -- MAYOR DICKEY: Dog park. DIRECTOR GOODWIN: -- specific to the dog park, we have a second project specific to the dog park coming up. MAYOR DICKEY: Oh, okay. DIRECTOR GOODWIN: So this is specific to what I'll call the park side, not the dog park side, the soccer side, the active side. MAYOR DICKEY: Yeah, yeah. DIRECTOR GOODWIN: The general side. The nondog park side. MAYOR DICKEY: The other thing is that I see, has the exercise equipment -- and somebody asked about senior exercise equipment? DIRECTOR GOODWIN: Yes. So we would like to make sure that we have options for all of our users. And we do have an identified area where this fits actually quite nicely into this park layout. If you're looking at that middle picture of the park over -- overhead view. Along the right edge there where the walking path comes around, there's a nice bump out there that would accommodate fitness equipment nicely. MAYOR DICKEY: Gerry? COUNCILMEMBER FRIEDEL: You're -- you mentioned this pavilion as a shade structure. Is it cheaper to do it with a shade structure similar to the Centennial Circle? TOWN OF FOUNTAIN HILLS Page 66 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 66 of 168 Or are you looking for something more permanent? DIRECTOR GOODWIN: We would look at something more permanent, consistent with what we have in our other parks. We -- and we would want to keep some of the aesthetics that we have at Desert Vista. So we are going to be doing some renovations, and you'll note that here later, to some existing shade structures that are there. But right now this park is the only one that does not have a Ramada near its playground and near its active amenities. So we want to add that to this park. We'd certainly look at how to do that the most cost-effective way. And it may be prefab. It may be similar. We would want to make sure that that's the best way we could do that. COUNCILMEMBER FRIEDEL: The other pavilions out there, are they in good shape? DIRECTOR GOODWIN: They have some structural issues that we're addressing right now. We would want to -- we, those that -- needs to be addressed out there -- so we would probably go a different route. We wouldn't put quite as much -- I don't want to say, it's -- it's -- there's a lot of decoration on some of them out there. There a little more advance -- COUNCILMEMBER MCMAHON: Ornate. DIRECTOR GOODWIN: Ornate, thank you. That's a great word. I'm, like, I don't know what to call it. They're fancy. We wouldn't go as fancy. We would be a little more basic about what -- what we would do out there. COUNCILMEMBER FRIEDEL: And then one final comment. Musco seems to be the lighting destination for us. DIRECTOR GOODWIN: Musco, yeah. COUNCILMEMBER FRIEDEL: Yeah. With all these parks that we're considering, is there any kind of a package deal we can get from them? DIRECTOR GOODWIN: It -- it certainly -- it certainly a conversation we could have with them. Knowing if we -- once the projects are approved or whatever we get -- have direction from council, we can certainly work with them. And they've been great partners. They are the ones that worked with us on the skate park lights and the mini pitch that is out there now. So they've been great partners. All right. So also within Desert Visit there is a focus on the skate park. As we know, we added lights to skate park. It's a really well-used resource in this town. We are proposing TOWN OF FOUNTAIN HILLS Page 67 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 67 of 168 a two-part funded renovation and expansion of the skate park. The skate park as it is today needs work. If we're going to do the work, there's some layout changes that should be made to the skate park. So we're proposing a $400,000 from the CIP (ph.) and 275 from development fees for the expansion component. We would upgrade the layout, as you see here. If anybody understands -- if you skate or ride a bike, there's kind of -- I don't, I'm not a skater. That's not what I grew up doing. But I understand that you can't come down a quarter-pipe there and then hit a box. (laughter) And again, I -- I don't (laughter) -- exactly -- and so there's -- there's portions of the skate park that in -- in my best guess is that it was laid out in phase I and there was always supposed to be a phase II. And phase II just didn't happen. So the layout was in -- inspired to be completed and it just hasn't been. So at this point in time, it makes sense for us to look at that expansion, redo what's there, expand the space, upgrade it, and create a better space. So that gives you an idea of what the space park looks like. (laughter) Uh-huh, it's in there. So Mayor, do your question, this is a project specifically proposed for the dog park side of Desert Vista. Staff and a number of council have met with ADOG representatives and a number of users of the dog park. One of the concerns about the dog park is that it -- when it rains or when we have other irrigation issues, the park drains and floods to the area shaded in green. And it gets muddy and it gets -- it becomes a problem. And then it become an ongoing problem because once the mud is there, then the dogs dig. And then it kills the grass. And then it's an uphill battle continually over and over. So the best solution is to fix the problem and regrade that entire space. We -- there's two ways we can do that. We can go in and regrade and then resod, which is much more expensive than if we go in, regrade and allow the natural grass to come back. It's a little longer time period, but it's less, much less investment to do it. We've talked with a number of users, especially with our ADOG partners. They understand that it is a little bit longer, but that it is -- it gets us where we want to be and fixes the problem permanently. COUNCILMEMBER SPELICH: Thank you, Madam Mayor. Council member Friedel and myself met with Denise Ricketts, the president of ADOG. Actually, it was over the $28,000 donation that an anonymous donor had given, which is a sizable amount of TOWN OF FOUNTAIN HILLS Page 68 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 68 of 168 money. And I thought to myself, who would give $28,000 for a dog park. I didn't even think it got that much use. But then I was schooled about the tremendous amount of use that the dog park gets. They were having rattlesnake issues with the bordering of the fencing that was all overgrown. And then the rattlesnakes would crawl in through the high grass and everything. Also there was -- I wrote it down so I didn't misspeak. There was dogs that -- when it did rain, and they would play in the water over there. They would get leptospirosis and giardia from the contaminated water that they were drinking. So I mean, I think there's a liability issue there also because, I mean, we don't want dogs getting sick and -- and getting these two diseases and having to go to vets -- and recently taking my cat to the vet, it was a better to take her to the Mayo Clinic. So -- so I just want to speak on this because I've been silent on everything else. (laughter) So I -- I'm completely for this. I know it's a sizable amount of money but in the grand scheme of things, with the amount of use that the -- the dog park gets, a citizen coming up with 28 grand and everything else and I'm for it. So just want to talk about that. DIRECTOR GOODWIN: Mayor, to answer your question, you asked specifically about benches and whatnot. So you can kind of tell in this overhead video -- shot, there's one, two, three, four, five shade structures shown. There's one actually under the green shaded areas as well. So there's six shade structures within the dog park. Two of them are located in what we call the small dog, which is kind of that portion off to the left. And then the remainder are in the big dog or active dog side. There is an intersection between shade and grass, i.e., grass doesn't like to grow in the shade. So providing shade structures does diminish the grass and the capacity to grow it. So we're trying to find a balance there. That being said, we are in a process of replacing benches that are in the park. And we do have a -- an eye towards having several other permanent benches. There's been some conversation about temporary chairs. And while temporary chairs are allowed when you come in, we're just asking that you take them with you when you exit. Leaving them out, strewn around the park creates not only grass, you know, issues with irrigation and other things like that, but they do -- they do break. They become dog toys for other dogs. They become -- they become a hazard for big dogs. So that -- that's where we're at with that project. Absolutely TOWN OF FOUNTAIN HILLS Page 69 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 69 of 168 COUNCILMEMBER FRIEDEL: Rachael, are any -- are any of these structures on here new ones? Or that hasn't been done yet? DIRECTOR GOODWIN: Oh, no, they're complete. COUNCILMEMBER FRIEDEL: Oh. DIRECTOR GOODWIN: Actually, we will be doing -- note to everybody, if you haven't already received Angela's invitation, there is a official ribbon cutting for the new shade structures next Monday at the dog park at 9 o'clock. But yes, those are all in and they look great. COUNCILMEMBER GRZYBOWSKI: I know one of the big concerns about the grass -- we had a conversation at the -- the meeting that we were at. They're always asking, can we reseed? When you reseed the fountain area and the big conversation is to why you don't do that is, you're talking six to eight weeks of closing the dog park to do a proper reseeding and watering and whatnot. What kind of time line are we looking at? You're going to have to close the dog park to do the regrading. What kind of time line are we looking? And is there is any way we can actually reseed and just kind of kill a couple of birds with one stone? DIRECTOR GOODWIN: Great question. So keep in mind that -- so when they talk about overseeding or reseeding, they're talking about changing from Bermuda grass to Rye grass. Rye grass is what we have here in the winter time. That's what we have in the park right now. It's beautiful, it's green. It's really, really, delicate though. So if we put that in the dog park, the dogs are going to tear it up and it's going to be a mud pit by the end of December. And then Bermuda grass will come -- will come back when it starts getting warm. Bermuda grass likes the sun. It likes the warm temperature. So we start seeing that -- regrowth somewhere, let's say, April time line is maybe when we start seeing that. Kevin would know better. That being said, we would time this grading in a couple of ways so that we would portion of the area where we are regrading, hopefully not to close the whole dog park. We wouldn't want to close the entire facility but probably just fence off the graded area so that it is still a usable resource. Yes, it will take a number -- it will take a couple of weeks, if not months, to regrow the grass. So we would time this when, ideally when the spring -- when spring is springing. When the grass is coming back naturally to work with TOWN OF FOUNTAIN HILLS Page 70 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 70 of 168 Mother Nature, if that makes sense. So if approved, this project would be undertaken next spring. So that as the Bermuda grass is naturally coming back anyway and coming out of dormancy, it would hopefully start to fill in this area. MAYOR DICKEY: I don't' know if you know the answer but what was the thing about dogs getting sick from drinking water? DIRECTOR GOODWIN: That I don't know. I'll be honest, I don't know. I'd have to talk with Denise a little further. Yeah, my -- my guess, if I had to guess is that they're -- it's standing water because it's not draining properly and that's the result of that. Thank you. I believe that's our last project. So this give you a breakdown, a list if you will, of all of the proposed projects for this year. Not a small number but this gives you an idea of what we're recommending for the Community Services Department. MAYOR DICKEY: So we'll be looking for grants. We'll be looking for development fees. We'll be looking for naming rights. We'll be looking for whatever we can -- DIRECTOR GOODWIN: (Indiscernible) MAYOR DICKEY: -- economy's a scale with the lighting company. So we talked about this a long time ago but -- over by -- I think they were talking about Kiwanis Club having a Spartan training -- some kind of a thing. Is that something that's ever come back up in a -- a conversation? DIRECTOR GOODWIN: No. But I do know that staff has looked at the Kiwanis property and kind of eyeballed what it could be or what it might serve as if it were to ever be part of the park system. Right now Kiwanis and -- the Kiwanis building and the Kiwanis park is not recognized as part of one of our identified parks. If we were to ever look into bringing that into our system, there's definitely some options there that we cou ld explore, whether it was Spartan training, whether it's a senior active space, whether it's rehabbing the existing bocci court center there -- there's a couple of avenues we could certainly explore there. MANAGER MILLER: Okay. The next presentation is capital projects and Justin Weldy, the public works director, will be presenting these. DIRECTOR WELDY: The first little section of this is going to be covering the capital projects that we are currently are approved and either completed or underway. It'll also TOWN OF FOUNTAIN HILLS Page 71 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 71 of 168 discuss the proposed capital projects for next year. And also the five-year horizon. -- date -- DIRECTOR WELDY: Let's try it again. (Laughter) This slide right here shows the projects that have been completed. I think it's important to note that the very first one has been in the capital budget project for the last ten or twelve years. And the funding this year was utilized to address some drainage issues on the townhall campus. Primarily, the runoff that was entering the front doors of the Community Center. So we addressed that. And the reason I bring that up is because we're going to be discussing that with future projects moving forward here. MAYOR DICKEY: Justin, the -- wait, there's more coming, never mind. I wanted to know where the road repair and -- and actual rebuilding that has been done -- does that fall into this? Because sometimes I think there's a little mix up between the two-and-a- half -- $2 million we put in to roads, basically from HURF, including now, you know, last year we added another two million -- and how does that fall into projects like this and then the other things that you do around town by, you know, just repairing -- I see you're doing something right now that, like, on El Lago and some of those other projects that have been done. How do -- how does that funding, the HURF funding fall in with this and with all the other things that you do? Because we spend more than the two-and-a-half million a year that's HURF, even though we added the 2 million last year. That's not the usual. So I wanted to -- and you don't have to do it right now, but as you -- as you go along, maybe it would help to clarify some of those projects. DIRECTOR WELDY: Understood, Madam Mayor, that is an excellent question. What we are presenting and discussing here today is capital projects. And while several capital projects include improvements to our roads and sidewalks, it's separated. So our pavement management and maintenance is from the highway user transportation funding, or as we refer to it, the streets fund. No streets funds will be used for any of the capital projects. However, the capital projects will directly impact our streets. MAYOR DICKEY: Thank you. DIRECTOR WELDY: You're welcome. MANAGER MILLER: And if I may, just to clarify. So we do bring, every spring, to the Council, the proposed street projects that we're going to undertake for next year. And we TOWN OF FOUNTAIN HILLS Page 72 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 72 of 168 always provide to the Council, an update on what we did in the current year. Kind of like what we're doing here on capital projects. But you're point it's -- sometimes there is crossover because they might involve, like, for instance, you see the Desert Vista park crosswalk sidewalk, you know, that project. They do sometimes overlap with one another. So it's a good question. MAYOR DICKEY: And overlap with sidewalk work as well. MANAGER MILLER: Right. MAYER DICKEY: Thank you. DIRECTOR WELDY: These are projects that are ongoing. The ones that are multiyear or had been previously approved as a multi year and will be showing up in the five-year horizon are noted. This is a continuation of our ongoing projects for this year. These next few slides are proposed projects. It should be noted that when we're putting capital projects together in Engineering and Streets, we primarily focus on safety. And each one of these projects is a result of feedback from elected officials, management, the residents, or through our own local knowledge and experience of what's happening. This first one is an excellent example. (Clears throat) Excuse me. While we were installing the driveway on the Avenue of the Fountains that was approved in this year's budget. It was referred to as a shared parking for Park Place and Town Hall. We had to remove one simple light pole. During the removing or relocating of that light pole, we discovered that the lighting and the electrical circuits on the Avenue, while they're in good shape and of adequate size, they're incorrectly labeled. And that now helps Rachael, Kevin, and I understand why we have so many faults when it's time for special events and they plug in. We do our best to test them in advance and keep them operating. However, they fail. The next portion of this project is related to the up lighting on the palm trees. While this -- this type of lighting was a very nice to have, it is also very, very expensive to maintain and operate. And with the recent improvements on the Avenue of the Fountain related to mixed use, there are at least one, possibly two, of the residents there that have taken to adjusting and/or vandalizing the up lighting. So this project will eliminate what they are experiencing, which is light into their windows and replace it with a more modern LED that is controllable and also if so desired, possibly color changing for a TOWN OF FOUNTAIN HILLS Page 73 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 73 of 168 fraction of the cost of what it takes us to maintain the current ones. COUNCILMEMBER FRIEDEL: Justin. DIRECTOR WELDY Sir? COUNCILMEMBER FRIEDEL: Before you go to your next slide, could you please have code enforcement cite that girl for riding a horse on our side walk? (laughter) MAYOR DICKEY: That's the Pony Express. DIRECTOR WELDY: This project right here is actually -- it was originally proposed approximately ten years ago. And we did reach out through a request fo r proposals. And we had several submittals. We did narrow it down last week to two. We did the interviews right here in this room. We have selected one based on their presentations. This is the first part of what we would strongly recommend be a two projects that are tied together. This is a proposal for a roundabout at Avenue with the Fountains and Saguaro. Please note that the funding level for this is just based on design. We will not know the construction cost until later. The next one, which is tied to this is the pedestrian access and lake overlook. This one here -- and -- and this is good use of the natural topography and the terrain. The engineer proposed utilizing that area is -- as part of an amphitheater. Also they show on the right or the left, the accessible routes that would make this amenity and Fountain Park usable to all from entry on the Avenue of the Fountains. And lastly, and you'll see just on the top right there, there is a bridge crossing Fountain Channel. This again would creates a short route that is accessible and available to all users to tie into the Great Lawn and the main walking path in Fountain Park. VICE MAYOR MAGAZINE: Couple years ago, maybe it was three years ago, the possibility of an overlook by itself, I think, came up before the Council and it was very expensive. And the Council unanimously voted against doing it. As part of the roundabout, which I favor, I think it makes a lot of sense. DIRECTOR WELDY: Thank you. MAYOR DICKEY: I want to -- Councilwoman, did you have something? MAYOR DICKEY: I wanted to mention -- oh, I'm sorry. MAYOR DICKEY: I thought I heard something. COUNCILMEMBER MCMAHON: If something like this were to be voted and happen, TOWN OF FOUNTAIN HILLS Page 74 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 74 of 168 would it replace the existing amphitheater? DIRECTOR WELDY: No, ma'am, it would not. This would just be an additional amenity for the end users. COUNCILMEMBER MCMAHON: So it -- MANAGER MILLER: In fact, it's not an amphitheater. It looks like it -- COUNCILMEMBER MCMAHON: It's more steps. MANAGER MILLER: -- it's steps -- it's a sitting area. You see these in a lot of urbanized areas, but no, actually, this would be an additional amenity where people could actually eat their lunch or they could be at an event and it would provide a -- actually, it would provide a nice, shaded area at the end of the day if there was a concert going on in that location. MAYOR DICKEY: I want to mention this Swaback downtown area-specific plan that we did in 2009 and was incorporated into our general plan at the time which included, obviously, not only the roundabout but it also talked about Saguaro being one lane, you know, one lane each direction in that area and having on-street parking. And again, this is a -- a discussion that changes the, you know, pretty much the character of that whole idea of Saguaro Boulevard being a way to get through as fast as possible or are we creating a downtown, you know, an area for -- really, you're not going to speed through there. You're going to have walkability. Kind of goes along -- and -- and part of the reason why you all didn't, you know, move ahead was because they were getting ready to do Park Place and they wanted to know, well, how is this going to end up because of -- there were a lot of moving parts. And so now we're kind of seeing that start to happen. So whatever this discussion is, I would -- I wouldn't mind, and I would advocate for looking at this again because it was well vetted, well -- it had a lot of people involved with creating this. Swayback is also involved with some other projects that we're doing now -- VICE MAYOR MAGAZINE: Discovery Center. MAYOR DICKEY: I'm sorry? VICE MAYOR MAGAZINE: Discovery Center. MAYOR DICKEY: This is the Discovery Center, yeah. So it -- it's a different way of thinking of that whole area, really, of Saguaro Boulevard. And -- and so as we, or if we TOWN OF FOUNTAIN HILLS Page 75 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 75 of 168 move forward with this design, which I think we did approve a year ago to -- to move ahead, that we keep in mind a bigger picture. DIRECTOR WELDY: Madam Mayor, when we come back next month with capital projects, we will include the original concepts by Swaback and also some additional concepts that we received for viewing for this intersection and the improvements. MAYOR DICKEY: That's really good to hear. And grading may be along those lines, too, since there are other parts of this project, of this Swaback plan, you'll see that we've actually done some of the districts -- maybe not common districts necessarily, but some of this stuff is actually falling in line. The residential along Avenue of the Fountains, these kinds of things. So it might be worth a look because I bet there's a lot of people that don't even know that this exists. COUNCILMEMBER SCHARNOW: Um-hum. Good -- MAYOR DICKEY: Mike? COUNCILMEMBER SCHARNOW: That's a good point. DIRECTOR WELDY: No, I think, I mean, I know there's some people cringing already, but, I mean, just approving a design at this point in time, at least will give us an idea of potential cost. And it's probably going to be a future council that'll decide construction or not. But, you know, speaking of long term, I mean, for us old timers out here, Saguaro Boulevard, you know, for a long time, there weren't any stop signs there. You just kept going on Saguaro. And then when the stop signs went in, a lot of people were complaining, like, oh, why the -- why are you forcing us to stop there. And, you know, but if -- if you go from that time period to today, there's a lot more pedestrian traffic in that area, you know. Park Place has been built. Other businesses in the area. And there's been a lot more events held at Fountain Park in that area than there used to be. So I know access to Octoberfest and St. Patrick's Day, et cetera has always been an issue at that intersection because it just -- there's just a pretty steep grass slope there. I mean, I know people have fallen there and have gotten injured trying to get to an event. So I know it's a big ticket item, but yet, I think this would really enhance the usability and accessibility to the park and to future events that are held down there, so that's how I'm looking at it. MAYOR DICKEY: Vice-mayor? VICE MAYOR MAGAZINE: Yeah, I -- I totally agree with those comments. And it TOWN OF FOUNTAIN HILLS Page 76 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 76 of 168 reminded me that when we discussed it originally and turned it down, it not only had stairs -- I'm recollecting it had stairs to get down to the grassy area. But we also talked about trying to do something for the handicapped, the disabled, elderly people, and so on. So that would clearly have to be written into any kind of a plan that we -- that we go forward with. DIRECTOR WELDY: That's a good point, Vice-mayor. Keep in mind, any -- any time that I use the verbiage, and I should be more clear on this, accessible route, that covers that portion of -- it should also be noted that for a project like this, if and when it's decided to move forward, when it's at a thirty-percent design, we will return to council with what we refer to as a thirty-percent roll plot and allow council to not only view the project but make recommendation and have comments on the design up to that point. MAYOR DICKEY: And to overlive a little bit with what Rachael does, hi Rachael -- to give you more events. Well, a lot -- this week, or -- I'm sorry, in March we're having the Fountain Hills Days, which is going to end up being a really pretty cool day in town. We've got stuff going on at museum and the community garden and Dark Sky. And we've talked about this, about a downtown regular vibe for lack of a better word. I've had some businesses there approach me about -- not recently, and in the past, about, you know, having some sort of a regular event. I was calling it Third Thursdays, but it could be whatever -- First Fridays. They -- they have a lot of good ideas. They have ideas for, you know, shows and things that they want to do. And if each business -- and I think, Grady, you mentioned that in some communities, they have business -- what, downtown business associations or such? Where maybe the burden isn't so much on one entity like us. Or where -- where a business might say, hey, I want to have a fashion show this weekend. Or another one -- or this Thursday, whatever. Or I've got, you know, a band. Or this kind of food. Or something. And it's really, you know, when you think about our weather, it's kind of a short period of time, you know, you have to be able to do that. It's usually going to be after Christmas. And then April -- bye-bye. So, you know, the way to have something -- this is conducive to it. And however it ends up looking. Where people are walking and mingling and eating and dancing and all of those good things that we talk about. And I think that we could share that with some of those businesses and they could take TOWN OF FOUNTAIN HILLS Page 77 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 77 of 168 responsibility for maybe, you know, one a year, you know, it would be this one and this one. So I'd -- I'd love to again, big picture kind of thing. You guys are doing this together. So you -- you're -- you're responsible but, you know, we all -- we all understand when you have, you know, staffing issues and things like that. But I'd love to see something like that. Yes, sir? COUNCILMEMBER SPELICH: Thank you, Mayor. I don't know if you are all familiar with the Southwest Airlines Ad of when the bell goes off, that ding, want to get away? I'm having one of these moments right now. I can't imagine what the cost of something like this is going to be. And I think it will make Rachael's $500,000 umbrella look like the best idea she's ever had. Justin, do you have any idea whatsoever, just putting the $900,000 price tag on this, what -- the roundabout outside the door, Justin -- what possible number could even remotely be attached to something of this scope? DIRECTOR WELDY: Council member, it's awfully risky for me to make projections but I will tell you that when we looked at it last year, it was estimated at about 1.2. So we added a slight escalation. And that is just for the traffic portion. It is -- at that time, the overlook was estimated at somewhere around $800,000, which included about 3 or $400,000 worth of retaining walls to support the existing facility and make it much larger. We try, to the best of our ability, to estimate about ten percent of the total cost by ten percent for the design. And again, these are just estimates based on research from the surrounding areas and something similar. COUNCILMEMBER SPELICH: Thank you. DIRECTOR WELDY: You're very welcome. MAYOR DICKEY:: Vice-mayor? VICE MAYOR MAGAZINE: I would presume, or maybe I shouldn't presume, as we look at this seriously, the roundabout could be phase I. The overlook a year or two later, phase II. They don't have to be built all at the same time, I would assume. DIRECTOR WELDY: Councilmember, we would strongly recommend that if selected, they be constructed concurrently. The reason is because of the offset of the idea would be to built half of the roundabout and the overlook and then put traffic on that side and then build the other half. The challenges that we face with Saguaro is it the primary TOWN OF FOUNTAIN HILLS Page 78 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 78 of 168 trucking route, not only for Fountain Hills but for areas north of us. So -- and for those of you that are, that may not know this, Fountain Hills has two primary trucking routes. One of them is Saguaro. The other one is Palisades. There is an exception to Fountain Hills Boulevard but that's north of Palisades, leading out of town. The reason is because Fountain Hills Boulevard south of Palisades to Shae was not constructed to handle that type of traffic. So the primaries are Sawara, which is our highest truck count, excuse me, truck count. And then Palisades, which is our second highest. DIRECTOR GOODWIN: I just wanted to say how much I love this design. Say what you will about a roundabout. I don't want to even get involved in that topic right now but this is lovely and very inviting for outsiders. I can't imagine a better look for a newbie visitor to the town to come in and stand there. I just -- I think that's -- it's stunning. I think it would be great for visitors as well as potential new businesses, for them to help pick a spot downtown as opposed to out of town or on the outskirts of our town. MAYOR DICKEY: Thank you. Anything else? Thanks. DIRECTOR WELDY: You're welcome. This next project is actually in this year's budget. However, after meeting with an engineering firm -- and we had met with several, the one selected decided not to move to construction but to rather provide a design concept report. As a reminder, this neighborhood, Brantley (ph.), is just over the mountain from Fountain Park to the north and the east where runoff in that area has created challenges not only for the homeowners but also for the town in maintaining the safety of the roads. To be on the safe side, we placed this into next year's budget. This one right here -- and thank you, all of you, for voting to approve the first phase of the community center. Some of that was capital funds, and some of that was from the reserve. During construction, we discovered challenges that we simply did not know existed or we were misinformed or misunderstood. Let me provide some clarification. We had numerous issues related to moisture in the carpeting and/or the flooring. We were told by experts for several years that moisture was coming up from the bottom because the Community Center on-grade slab had not been properly constructed and did not have a vapor barrier. We learned, when all the flooring was removed, that only a part of that was right because TOWN OF FOUNTAIN HILLS Page 79 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 79 of 168 during rain events, water comes in everywhere around the building, from the walls and the storefronts, and it slowly but surely makes its way across the floor to the middle or other locations. We are currently working on the storefronts. For clarification, when I say "storefront", that's the doors and windows. But during this, we also discovered on the west side of the building, in a little closed-off patio, that the rain that falls in there stands approximately three inches deep against the building for weeks and slowly but surely flows into several parts of the building. The intent of this project is to address those water issues on the storefronts and on that wall but also make some minor changes to the interior of the building, including adding one of the collapsible walls to more better be able to utilize that area where that wall will be constructed. But again, the primary is to deal with the rain issues related to the storefronts and the walls and get water to drain away from the building. This one here, we were going to be -- this will be a two-year phase. So we're asking for some funding in this year, and then we'll be asking for additional funding in the '23/'24. And I think it's important to note that as part of Phase I for the Community Center, while these things were being discovered, that project was being fast-tracked. There were a lot of moving parts. Obviously, we were not able to meet our obligation for an opening date, but had we begun to address these other issues, we would have certainly been delayed by a considerable amount of time and quite possibly rushed through. And they wouldn't have been addressed correctly. So we will be addressing that with this next phase split over two years. COUNCILMEMBER SPELICH: Justin, will it necessitate the Community Center being closed for any extended length of time? DIRECTOR WELDY: Excellent question. It will not. The majority of this work we can do the very sensitive stuff at nights and on weekends whenever it's less likely to be occupied. But there won't be any extensive closures. Some of it will just not be accessible for a limited amount of time. COUNCILMEMBER SPELICH: Thank you. So question, Justin. If we have a huge rain event, are you saying that without this being fixed, the 800 grand that we just spent on the Community Center with updating everything, there's going to be water that's going to come into the Community Center? TOWN OF FOUNTAIN HILLS Page 80 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 80 of 168 DIRECTOR WELDY: That's an excellent question. And the answer is yes and no. So there's a minimal amount of water that comes in, but we have taken preventative measures, including caulking, sandbags, and other things that we ramp up for each time we know there's going to be an event. And then we clean it up immediately so there's no permanent or sustainable damage to the building. COUNCILMEMBER SPELICH: Well, I would think that the Council should seriously consider allocating whatever funds you need to accomplish this project immediately not over two fiscal years. I mean, this is -- MANAGER MILLER: If I may, we are currently -- COUNCILMEMBER SPELICH: Just one second, Grady. MANAGER MILLER: Sure. COUNCILMEMBER SPELICH: One second, Grady. So I think it's imperative that we just gave you guys an open check with a lot of money attached to it to fix this so it'll be the jewel of the centerpiece of the town and the community. We don't know what's going to happen with the weather. There's no way to determine what's going to happen with the weather out here. If there is an event that's a huge event, when I mean a weather event, and we sustain significant damage to -- I mean, this is totally reminiscent of the way that we rip up roads in Chicago. We put down brand new roads in Chicago. Everybody loves it. And then the gas company or the water company comes in and tears up every single thing that we put down brand new to put in new gas lines and new water lines only to lay the road back down again. I mean, I don't know about the other councilmembers. This is so troubling, and it makes me angry, really angry that this is even a possibility. And I'm not blaming you, Justin, and I'm not blaming Grady. I'm not blaming anybody. It's an issue, and it's an issue that needs to be addressed immediately not over a course of time, before something bad happens. Because I'm going to tell you right now, if there's damage sustained to that Community Center, the residents are going to lose their minds. They're going to lose their minds. It's like paying all the money we did to fix the ballpark and then not mitigate flood damage that could happen after we spent all the money to replace the sod. So I'm not going to speak for anybody else here on the Council. I definitely am not going to speak TOWN OF FOUNTAIN HILLS Page 81 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 81 of 168 for the Mayor, but it's absolutely imperative that this be put on the top of everything. Let's hold off on the umbrella. Let's hold off on everything, and let's focus on protecting an investment that we made into the Community Center of over $800,000. COUNCILMEMBER FRIEDEL: Mayor, I couldn't agree more with Councilman Spelich. That's a big investment we've got sitting there. It's beautiful. We've gotten a ton of compliments on it. Why put it at risk? So I agree. We get on this ASAP. MANAGER MILLER: I'd just like to just speak that we didn't even know until just recently as to what the possibilities were to fix it. So we're still trying to get that firmed up, correct, Justin? DIRECTOR WELDY: Correct. The -- MANAGER MILLER: So that's part of the issue. We don't have the solution at hand right now. We know there are solutions, but we're trying to determine the ideal solution, and we've had -- I've seen consultants out -- or not consultants, but I've seen workmen out there trying to assess the building and trying to figure out why the windows -- where the water's flowing in from to try to get this determined. So it's really not -- even if we could do it right now, we don't know what needs to be done and at what cost. So I think as soon as we know that, if the Council, what I'm hearing is we can do an emergency approval, then we'll try to do that. We just didn't have that information ready for you today to know what that might be. DIRECTOR WELDY: And I think it's important that everybody know this. The Community Center footprint concrete is big, and then the walls on it are set inside. So any water that falls around it, it actually seeps back up to the doors and windows. And again, we have taken numerous measures to minimize this intrusion of water. We still have a little bit during rain events, but nowhere near what was happening prior to us actually being aware of these entry points. So absolutely, we have met with numerous industry specialists that have several different recommendations. And we just don't know the fix to the storefronts. We certainly know what to do on the west side of the building. That, we will address. In the meantime, we have taken measures to keep that one dewatered. So we are aware, and we appreciate the challenges. MAYOR DICKEY: Okay. Mike? TOWN OF FOUNTAIN HILLS Page 82 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 82 of 168 COUNCILMEMBER SCHARNOW: So in light of Grady's comments, and I mean, the 225, you're just kind of spit-balling that? Or is that Phase I of Phase II, or we don't really know yet since -- DIRECTOR WELDY: These are -- COUNCILMEMBER SCHARNOW: -- we don't know what it's going to take. DIRECTOR WELDY: It's based on estimates that we've received from several different professional trades that deal with this type of thing. The next project, this has actually been on the radar for the Pedestrian and Traffic Safety Committee. It's a subcommittee to this Council right here. And this was originally brought up several years ago from residents and road users in regards to northbound Fountain Hills Boulevard, left turn to westbound Palisades. There is what we refer to as stacking there, several cars in the left-turn lane, and they are not able to be serviced during the phase. Currently, this traffic signal configuration is protected left turns only. We recently went out and increased just slightly the timing by a few seconds to allow for additional time to service not only the north and southbound but also the east and westbound left turns. We know, at least based on our knowledge and the knowledge of the traffic engineer that had originally assessed this intersection, while that may provide some temporary relief, it's not likely going to provide the long-term relief to these turning movements. This came before the Council last year, and there was a decision to defer the project while we attempted these timing changes. We have done that. We also split it up. This year, we are asking for the consideration of design funding. And then in outlying years, we would come back and ask for the funding for construction. Again, this is to improve the level of service for the intersection of Fountain Hills Boulevard and Palisades where we are currently not meeting the needs of the end users. This one right here is multi-year ongoing. You will note that there is a .5 increase. That is a result of information that we have gathered while doing the initial design. The utilities, including electrical and water and possibly the fortification of some sanitary items, are necessary. Once again, this is a multi-year, but we thought it important to show you that the price most certainly had increased in the engineer's estimate. COUNCILMEMBER SPELICH: Let's go back one slide. So I literally just spoke about TOWN OF FOUNTAIN HILLS Page 83 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 83 of 168 this three minutes ago. So am I under the assumption that these changes -- are these changes related to mitigating any type of flood damage that would happen at Four Peaks Park -- or I mean, Golden Eagle? DIRECTOR WELDY: Absolutely. So the changes that we're referencing is primarily we need to relocate the existing utilities to increase the width and depth of the existing channels. I want to be real clear here. After the storm even that created hundreds of thousands of dollars worth of damage, town staff and contractors went into these areas and cleaned out the channels and removed the overburden. We also removed some access barriers that were reducing the flow through the dam. Since that time, we've had a minimal amount of backwatering and a minimal amount of outflow. And the Mayor and Council are aware of that. But yes, the increase in cost for the overall project primarily is a result of relocating the utilities and creating a less challenging multi-use path for the end users. COUNCILMEMBER SPELICH: So do we -- so if we have a significant rain event, then we're going to be looking at the same damage because that really hasn't been mitigated. DIRECTOR WELDY: If we have -- and we did have two very similar events where again, we had a minimal amount of backwatering and a little bit of outfall. And once again, we took corrective measures immediately. And while I cannot guarantee you that there's not going to be a backwatering and an outfall situation that caused the hundreds of thousands of dollars in damage, it's much less likely because of the work that we have done leading up to this. Again, this is the overall cost for making -- so it was originally right around 1, 1.1 million to finish the project after design. We're estimating that it's going to take about another half million to accomplish that. COUNCILMEMBER SPELICH: I just think moving forward, we -- when I say we, I mean staff. I think there needs to be a better line of communication between -- like when we're doing projects like this, like a prime example of this would be the Community Center. We updated the Community Center. Rachael spearheaded the Community Center upgrade, and then all of a sudden you find out that there's going to be water infiltration into the Community Center. So there seems to be some kind of a dis -- MANAGER MILLER: Well, I want to make sure that we understand that this was TOWN OF FOUNTAIN HILLS Page 84 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 84 of 168 actually a Facilities project, and it was in Public Works. So it wasn't Rachael. And I'm not blaming it on anybody. I'm just saying, it was his staff that actually oversaw the project. Rachael actually came before you to request the money, but ultimately because it's Facilities, and Facilities is a Public Works, this was their project. And so -- COUNCILMEMBER SPELICH: So you're disagreeing with what I'm saying. MANAGER MILLER: I'm not disagreeing about a disconnect because part of the issue with this is that this is only addressed in Golden Eagle Park, but as we've talked before, we have a system-wide issue with our washes. So it's not just -- I mean, as you know, the Cloudburst and some of these other washes are all feeding into this area. And so we got to really address those other areas because there's erosion going on in homes right -- potential for loss and all that. So this is just one slice of a bigger picture. So I agree with you on that, that this is not going to just probably take care of all of our wash issues, absolutely not. As far as the project, we did do some -- and I don't think Justin got into this, but as far as the Community Center, there was mitigation that was done as part of that renovation, and we were led to believe that that was going to take care of that issue, and it did not. So that's the disconnect. COUNCILMEMBER SPELICH: Okay. Well, I'm just worried about how this plays to the residents. Because the residents see, oh, we just spent $800,000 on a community center, and now there's a possibility that the Community Center's going to have a significant damage done to it after we just spent that kind of money. Oh, we just spent 750 or $800,000 on fixing the ballpark, and there's a possibility that there's going to be more flood damage now because there's more mitigation that needs to be done. I'm sorry. This is my perception, and this is what I'm thinking, and I can only think that since I'm up here and we do this every day and eat, sleep, and drink this, residents that don't see this every day and don't live it like we do are going to be very confused. And like I said, I feel in my heart of hearts that I just think we all need to be singing off the same sheet of music when we tackle projects. My opinion, Grady. If you disagree with it, I'm sorry. MANAGER MILLER: Well -- COUNCILMEMBER SPELICH: But I'm entitled to my opinion. TOWN OF FOUNTAIN HILLS Page 85 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 85 of 168 MAYOR DICKEY: Well, could I just saying something? MANAGER MILLER: Sure. MAYOR DICKEY: About the Community Center, the water issue was apparent right from the very beginning. It was one of the first things, before anything even started, that I was told about. And so you're right, and it's a more immediate thing. It's a new extension of that as far as the Community Center goes, and we have to take care of it. And I agree with you that we should do that as soon as we can, as soon as we know what the remedy is. But water being an issue at the Community Center was not new. This Golden Eagle extra work isn't really extra. I believe it was part of the capital improvement -- MANAGER MILLER: It's part of the Fuller study that we had. MAYOR DICKEY: -- that we've been for the last few years. So the flood was actually 2017 or something, and the amount to completely take care of that, it was astronomical. So we've been doing it little by little. Well, not even little by little. We did in chunks. MANAGER MILLER: Incrementally. MAYOR DICKEY: But this is not new. This to me, isn't new, seeing this picture. MANAGER MILLER: Right. MAYOR DICKEY: And then the last thing I want to say is over the last four years, we probably would have collected 2.4 to $2.5 million in environmental fees if we'd been allowed to do that. And this water mitigation, stormwater management, which is odd because we live in a desert, but it's been huge, and it's something that I think we see as homeowners and we're seeing in this desert environment, stormwater management is huge. And that's money that we would have had to put directly towards this if we had been able, unchallenged, to continue collecting that. MANAGER MILLER: And I just want to clarify. So Justin, when he first started talking -- Justin, this is the JE Fuller design, correct? DIRECTOR WELDY: Yes, sir. MANAGER MILLER: Okay. So what I heard you say when you first started talking is that you believe that there's been cost escalation. When did JE Fuller get the design done on this? TOWN OF FOUNTAIN HILLS Page 86 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 86 of 168 DIRECTOR WELDY: The design is not done. The design is about -- MANAGER MILLER: Okay. DIRECTOR WELDY: -- 85 percent. So the project design to address the majority of the challenges that we faced from 2017 is still underway. But as that design goes forward, we discover things. MANAGER MILLER: So that's the issue. And that is a disconnect. I will tell you that we will likely not be continuing to use JE Fuller because I believe they're about two years behind on this. DIRECTOR WELDY: I agree. MANAGER MILLER: So we should have had a design from them, in my opinion, two years ago. COUNCILMEMBER SPELICH: What are we going to do about it now? MANAGER MILLER: We're at 85 percent. We're going to get it done, but we're not going to continue to use them. There are other firms out there that are outstanding that we'll continue to use. MAYOR DICKEY: Councilman? COUNCILMEMBER FRIEDEL: Two comments. One, I think it's imperative that we take care of what we have. It's obvious that we have some things we need to catch up on. And I know, Justin, we talked about this at length before about lateral migration of some of these washes further upstream as well. So does that 1.5 include some remediation in those areas where they've laterally moved some of those washes? DIRECTOR WELDY: No, sir. Our estimate and the engineer's estimate is just to complete the improvements for the Golden Eagle Park impoundment after the design is done. In regards to the lateral migration and the other erosion, which is quite substantial as of July 15th and August 13th of last year, a lion's share of that is going to be addressed with the Area Drainage Master Study that's being paid for by the Maricopa County Flood Control District. Without getting off too deep into that, that completed document will be our guide for future projects and also applying for and working with other agencies on corrections and remediation and securing grants. COUNCILMEMBER FRIEDEL: So those homes that Grady mentioned and that I have TOWN OF FOUNTAIN HILLS Page 87 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 87 of 168 seen off of Bainbridge, that wash right across the street from Golden Eagle, that's not even part of this yet? DIRECTOR WELDY: No, sir. It is not. COUNCILMEMBER FRIEDEL: Thank you. MANAGER MILLER: But to your point, it's getting to a critical point where we've got to do something because I'm very concerned about loss of private property and town's liability for that. COUNCILMEMBER FRIEDEL: That's exactly why I brought it up. Thank you. MAYOR DICKEY: (Indiscernible). VICE MAYOR MAGAZINE: Jason, there's probably an easy answer to my question. Justin, rather. Or was it Jason? Justin. Is that your name? I was close. In 2017, was it, we had that massive storm, right, that buried the ballfield and so on and so forth and cost, what, $800,000 to solve the problem. It seems like over the last several years, every so often we get a new project for that area. And I guess I find myself wondering why back then we haven't had -- we didn't have a comprehensive study by engineers -- or maybe we did -- for everything we were going to need to do over a period of time and the cost to mitigate. DIRECTOR WELDY: And thank you for that. Excellent. So what's happened here is I have failed to communicate. There was a storm event in 2017/'18. The end result of that was hundreds of thousands of dollars worth of damage to the Golden Eagle Park impoundment. Under emergency measures, we came to the Mayor and Council. We asked for funding. That funding was to clean the amenities and Golden Eagle Park and do a minimal amount of grading to the channels that were there. It was at that time we also did exactly as you mentioned. We reached out to a professional organization to do design -- or provide design and guidance. And that's what we've actually been working on since that time frame. So the initial investment that the Mayor and Council approved was for cleanup of the amenities and also to clear the channels and the overburden that was in the channel. And staff absolutely undertook and made those corrections immediately. It should be noted that since that time, we have had several rain events that prior to the '16/'17 fiscal year, most likely would have cause additional damage to Golden Eagle Park. But because of TOWN OF FOUNTAIN HILLS Page 88 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 88 of 168 the upfront measures that were taken to increase the width and the depth of the channels and provide some barriers, we've not really had that. And again, the total money here -- it's not a new job. It's just a slight increase in the original estimate of what it'll take to fix it to the best of our ability permanently. VICE MAYOR MAGAZINE: That's helpful, but I'm not sure it addresses my question. Maybe I didn't ask it clearly enough. We still have these projects coming up to mitigate the flooding -- DIRECTOR WELDY: Correct. VICE MAYOR MAGAZINE: -- whether it's cleaning out channels or all this stuff. Did we have a comprehensive list of everything that would need to be done in that area with prices that was put before us so we could at least look at it and see what was ahead? DIRECTOR WELDY: We will shortly have a list from the Maricopa County Flood Control District that covers the entire town, including this area. We will not know the numbers until after that is actually -- that study, which again, the Flood Control District is paying for, is completed. Once that is completed, then we will much better be able to determine the projects and the potential cost of those projects moving forward. VICE MAYOR MAGAZINE: The flood was in 2017. Couldn't we have hired consultants and engineers to go out and take a look at that whole area and tell us exactly what was going to need -- what needed to be done over a period of time with the cost? Why do we have to wait so long? DIRECTOR WELDY: We did. It's JE Fuller. They've been working on it since 2018. VICE MAYOR MAGAZINE: Then why didn't we fire them? Why didn't we fire them and go to a different -- that's outrageous that we -- 2018. What was their scope of work? Were they supposed to take a look at that area -- DIRECTOR WELDY: They did. VICE MAYOR MAGAZINE: -- and tell us everything that needed to be done? DIRECTOR WELDY: They did. VICE MAYOR MAGAZINE: And they're still working on that? DIRECTOR WELDY: They didn't tell us everything that needed to be done. And while I'm not going to get into JE Fuller directly because I don't want to get into that situation here, I will tell you that they were provided a scope. We agreed to that. They started TOWN OF FOUNTAIN HILLS Page 89 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 89 of 168 working. After that was started, numerous things were discovered that town staff didn't know, the previous town engineer did not know. The scope and the fee escalated. As we began to work forward on additional design, we discovered that the watermain, the electrical, and the sewer are now going to be impacted by this. Again, these are things that we didn't know. So while we've made progress on the design, in doing so, we've discovered other deficiencies that we were not aware of. And so it has been ongoing since that time. There was a study that we paid for that showed us approximately how much water in a 10-year, 20-year, 100-year, and the worst-case scenario, 500. VICE MAYOR MAGAZINE: I just simply don't understand. Maybe I don't know enough about it. MANAGER MILLER: Part of what we experienced -- VICE MAYOR MAGAZINE: Excuse me. Excuse me. MANAGER MILLER: Sure. VICE MAYOR MAGAZINE: Four years, waiting four years for this, I just don't understand. And I question -- I don't know what the contract looks like. I know nothing about it, but it sounds like a lack of performance. COUNCILMEMBER SPELICH: Mayor. MAYOR DICKEY: Oh, I'm sorry. COUNCILMEMBER SPELICH: Thank you. It's obvious that contract negotiations, fulfillment of contracts, and everything is not the proper place to discuss this during a budget retreat. Okay. I'll give you that. Obviously, the Vice Mayor and myself are both pissed off. I'm sorry, upset. Would you please, and the Town Manager and the Town Attorney, meet together, the three of you, four of you, whoever needs to be involved, John Wesley, anybody, the Mayor. Meet and discuss this contract. Go over every portion of this contract. If there's some liability on their part or malfeasance on their part, I'm going to assume we've already paid them in full, which completely sucks. DIRECTOR WELDY: Part of it. SPELICH: Oh, well, if we didn't pay them in full, by your head nod, I believe that the Town Attorney, the Town Manager, yourself, and the Mayor should sit down, go over every aspect of contract, and hold these people responsible for what they've done to this TOWN OF FOUNTAIN HILLS Page 90 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 90 of 168 town. I mean, it's one thing to say we're never going to use them again. Like, if I go to a restaurant and have a bad meal. I walk out, and I go, I'm never going to use you again. Burger King don't care. They got 300 million, billion, zillion customers. But I mean, we have to make a point in this that we cannot be taken advantage of. This is affecting the entire town and the residents. And the amount of money that we spend of their monies that we're -- I'm so upset I can't even put words together, for Christ sake. We are stewards of the town's money. So let's get together, and let's find out what this company is responsible for, what they didn't fulfil. Let's not pay them if we owe them still more money. Let's get together on this and then report back to us on what the findings are. Because we have to hold somebody responsible for this. DIRECTOR WELDY: Understood. MANAGER MILLER: No, I completely agree. MAYOR DICKEY: Kind of a larger issue there, David, too. We talk about studies and all of these other things that we do. And part of our being the size town that we are, whether we have people on board who are actually in house or not is kind of a constant challenge for us because we don't have necessarily the expertise for the variety of needs that we have. The Fountain is, like, the best example of that. So this is something that -- we've seen it with the roads. Seeing it with this, but these aren't usual challenges. So I agree we need to get a good feel for it, but I also want to acknowledge that when this very first started, when it first was an event, and we weren't on the Council then, but we were aware that this was going to be -- there were going to be a lot of steps to this. But I don't know whether we should have expected it to take this long. In the meantime, though, I'm relieved that we've been able to mitigate, in the storms that we've had in between, anything like that ever happening again. Thanks. DIRECTOR WELDY: This next project is related to pedestrian safety and more importantly to eliminate conflicts between pedestrians and automobiles. This is very similar to the Desert Vista Crossing [sic]. Town staff is proposing that a marked crossing be installed at Kingstree on Saguaro. And also part of this project right here will include necessary drainage on the south side of Saguaro here at Kingstree. We currently in that area, have undersized drainage facilities. And during and after larger storm events, the TOWN OF FOUNTAIN HILLS Page 91 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 91 of 168 water ponds in the street for extended periods of time. Again, two-phase project. One of them is to put in a crosswalk that would allow people to cross from one side to the other. The next one would be to increase and minimize the drainage issues that we have in this intersection. VICE MAYOR MAGAZINE: I want to go back. I want to go back to Golden Eagle just briefly. Councilman Spelich and I don't always agree. That's no surprise, but I just want to light a fire and say, I want to know -- and you can't answer right now. I want a report on when we're going to hear back on a discussion of the contract and what we're going to do about it. Okay? MAYOR DICKEY: Okay. The Kingstree one, is that the same area where the project is going in the mixed-use project? DIRECTOR WELDY: That is correct. MAYOR DICKEY: Thank you. DIRECTOR WELDY: It's also -- this is one of the very few locations where we actually have sidewalk on Saguaro that leads to one of our amenities, which is Desert Vista Park. And it should be noted that Kingstree is a very wide road that is heavily utilized by walkers. And they walk down to Saguaro. And if they want to cross there, it's challenging, let's just say. This location is very similar to Desert Vista. We have good line of sight from where this crosswalk would be placed, which allows not only the pedestrians and cyclists to see the motorists but the motorists to see them in kind. COUNCILMEMBER SCHARNOW: Yeah, Justin, I was just going to -- I mean, you answered part of my question. Because when we did the Desert Vista one, that was all centered on Desert Vista Park and the access for kids and everyone else to get over there. I was kind of questioning this one in terms of where it leads to or how much it's going to be used. I mean, I can see some benefit to it. I mean, I'm sure there are a lot of people in the area that kind of walk around there, but the drainage, obviously, that's probably a no-brainer. So I don't know. We probably can't get anything out of Mr. Kaufman (ph.) related to this, can we? I mean, in terms of his project, if it goes? MANAGER MILLER: I believe that would have already had to go through the pre- TOWN OF FOUNTAIN HILLS Page 92 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 92 of 168 application process. So I don't think we're going to be able to get participation from the developer of that corner. COUNCILMEMBER FRIEDEL: Mike, you're reading my mind. I was going to ask the same question. And maybe in the future, we need to consider projects like this. And if they're going to impact a intersection in the future, we need to make note of that and make sure we get some help. DIRECTOR WELDY: Understood. MANAGER MILLER: Duly noted. DIRECTOR WELDY: The next project is Palisades and La Montana. This intersection has been a point of numerous discussions in regards to possible mitigations there for the level of service. We don't have a recommendation for how to increase the level of service. It's currently an all-way stop, controlled by an all-way stop, rather. So what we would be asking for is funding for an analysis to determine what could possibly increase or improve the level of service for this intersection. COUNCILMEMBER FRIEDEL: Justin? DIRECTOR WELDY: Sir. COUNCILMEMBER FRIEDEL: That's an all-way stop? DIRECTOR WELDY: Correct. Wait. COUNCILMEMBER FRIEDEL: I don't think so. [CROSS TALK] DIRECTOR WELDY: Palisades and La Montana is an -- COUNCILMEMBER FRIEDEL: Oh, yeah, Palisades -- DIRECTOR WELDY: -- all-way stop. COUNCILMEMBER FRIEDEL: I'm sorry. I was thinking another intersection. You're right. I'm sorry. DIRECTOR WELDY: Saguaro is (indiscernible) stop. COUNCILMEMBER FRIEDEL: Correct. Yeah, that's the one I was thinking. COUNCILMEMBER SCHARNOW: Well, before we move on, we brought this up at our Safety Committee meeting a couple weeks ago. And obviously, the proposal at Avenue of the Fountains and Saguaro's going to bring a lot of ongoing discussion, I'm sure, here in the community. But to me, this intersection almost, at least personally, takes TOWN OF FOUNTAIN HILLS Page 93 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 93 of 168 on more priority just because there's so many lanes coming together, and there's a lot of pedestrian traffic in this area, and it's just lot of confusion among the motorists. And I know we did have one or two crashes there recently, but that was more just people running stop signs or what have you. But to me, it seems like some kind of improvement is really necessary here, especially this time of year when the traffic volume is so much higher. And I just think our traffic and our community would be better served by some kind of improvement, whether it's signals or a roundabout, what have you. But I am totally in favor of looking at improvements here because I think that's almost the next priority before the Avenue one. But my opinion. DIRECTOR WELDY: Understood. MANAGER MILLER: Mayor, if I may, I'm sensing people are starting to get a little hungry and probably have some nervous energy. What I'd like to suggest is -- [CROSS TALK] MANAGER MILLER: What I'd like to suggest is we just take a five-minute break. We go pick up our lunches, and then we'll have a working lunch. So we can try to get through this so we're not going to have this delay. We'll try to stay back on track. The next five items after this are very quick reports and updates, so we can get hopefully caught up. So let's do that. (Pause) MANAGER MILLER: Okay. Justin, why don't you proceed? DIRECTOR WELDY: This next project is actually a walking path connector. Currently, if you use the Lake Overlook Trail and you come down on the east side of the park, there is not a marked crossing there, and this is heavily used by pedestrians. We believe strongly that a connector sidewalk with a marked crosswalk crossing panorama will be a benefit to the Lake Overlook Trail users. The next one is Saguaro and La Montana. This is controlled by stop signs on either side of La Montana. We have faced numerous challenges there over the years. The primary issue we have is on Saguaro, just north of La Montana is a vertical crest or a heel. And what happens is for eastbound La Montana drivers wanting to make a left turn or go straight, the amount of time they have to determine if there's adequate time for their turning movement or to make it across the intersection is very limited as a result of this TOWN OF FOUNTAIN HILLS Page 94 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 94 of 168 hill. Just last Thursday, the town engineer and I received back from the traffic firm, an analysis of this intersection. We have not had time to completely review it nor discuss it with the Town Manager. The next steps for this project is to bring it before the Pedestrian and Traffic Safety Committee with recommendations from the firm and determine what direction we'll go forward there. This is a placeholder for next year to determine or to be utilized for those improvements should they be approved by this full body when we come back with a contract. This one right here is a multi-year. It should be noted that for the last several years, the Mayor and Council has generously approved $200,000 to do sidewalk infill. We have discovered that we need additional funding. And primarily, that funding is for design. We have several locations -- and this one right here is on Saguaro -- where the sidewalk just dead-ends into a steep slope. While applying for grants to do sidewalk infill -- and we currently are working on a $2 million one that we got a grant to build sidewalk for -- we discovered that the recipients of these grants oftentimes have better results in receiving if they have their design completed. So again, this is primarily for infill. Those are locations that are identified in the Active Transportation Plan, the general plan, and our short and long-term sidewalk infill plan. And the additional funding is to design in those areas that are identified in each of those documents as a priority. VICE MAYOR MAGAZINE: Justin, I think I've seen it. We have a long-term, comprehensive plan for sidewalks, do we? DIRECTOR WELDY: Yes, sir. We have two of them. We have a short and long-term that is designed and utilized by town staff. And then we have the recently adopted Active Transportation Plan. VICE MAYOR MAGAZINE: Thank you. DIRECTOR WELDY: You're welcome. This next project here is -- it says Town Hall campus. That is the Community Center, the library, and the Town Hall. The exterior lighting on these buildings is incandescent or metal halide and outdated. It is not cost effective. Also, there are several up-lighting areas that light the Town Hall. We utilize some of them for bathing the light in different colors after proclamations are read by the TOWN OF FOUNTAIN HILLS Page 95 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 95 of 168 Mayor. It also will address the deficiencies that we have in regards to not having working lights on the Town Hall campus. It should be noted that several years ago, the Mayor and Council approved a project to replace the lighting town-wide, primarily related to parking lots and the Avenue of the Fountain. Those were converted to LED, and we did receive a substantial amount of funding back from SRP as a result of those changes. With this change, we intend to apply for any and all rebates that are applicable to this project at that time. MANAGER MILLER: Justin, is this Musco too? DIRECTOR WELDY: Excuse me, sir? MANAGER MILLER: Would this be Musco too? DIRECTOR WELDY: No, sir. It will not be Musco Lighting. This next project is, once again, an ongoing. We discussed this two years ago with the failure of a pre-incorporation pipe. Since the Mayor and Council approved this, we have made substantial headway on clearing and getting assessments. And again, this is an ongoing where we are going to do rehabilitation as opposed to reconstruction. So we're being proactive on some our infrastructure, and we're focusing primarily on pre- incorporation drainage pipes and structures. That was our proposal for the '22/'23. This is the five-year horizon. You'll see several of these projects reoccurring as it's ongoing and long-term to address the needs over a period of time. It should be noted that the video surveillance cameras, which started off several years ago, used to be a P because it was primarily related to Parks. Rachael commented on this earlier today in regards to progress. It has since been changed to an F, which is Facilities. For this year, we are going to be making substantial improvements to Town Hall. We are going to be adding additional locations at Golden Eagle to address some of the vandalism there. We are also looking at Desert Vista Park, and we are looking at Adero Canyon as well. VICE MAYOR MAGAZINE: Justin, excuse me. DIRECTOR WELDY: Sir. VICE MAYOR MAGAZINE: I want to be careful not to poke the bear, but the top two, any of that for Golden Eagle? TOWN OF FOUNTAIN HILLS Page 96 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 96 of 168 DIRECTOR WELDY: Some of it, some of number 2. So the drainage structures leading up to Golden Eagle and those three washes, some of that will be addressing that. But inside the impoundment area, no. But leading up to it and after it leaves there, absolutely. VICE MAYOR MAGAZINE: Thank you. DIRECTOR WELDY: This is the CIP summary for the projects that we've presented here. The next slide shows the total that we are requesting, which is just under $4 million for Public Works and just over $4 million for Community Services. And that is the end of the CIP for Community Services and Public Works. MANAGER MILLER: Okay. Any questions of us before we move on? Okay. Really the next five items should be very quick that we're going to start going through. So David's going to lead a discussion or an update on the Facilities Reserve Plan that is currently underway, that -- Mr. Pock? DIRECTOR POCK: (Indiscernible) -- MANAGER MILLER: David, if you can just pull it up, that mic seems not to be as sensitive as the others. [CROSS TALK] DIRECTOR POCK: Thank you. That sounds like it'll work even for a low-talker like me. All right. So Facilities Reserve. The original study was done in 2016. It was meant to look at the buildings, parks, as well as some of those selected components of each of those, and determine their useful lives and replacement costs and the replacement dates. They provided a suggested funding plan per fiscal year for -- I believe it went out 30 years. There's been some deficiencies noted with that original plan as far as the estimated lives needed to be updated. The replacement costs were underestimated, to say the least, on some of them. And then some items that were just not included with the plan whatsoever. So a couple years ago, I think it was actually two years ago, we had a little pandemic in the middle. That kind of delayed things a little. Willdan Financial is the company that does our development fee audits every two years. They also are the ones that helped us with the user fee study. They're going to be looking at our Facilities Reserve Plan and making the needed changes. TOWN OF FOUNTAIN HILLS Page 97 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 97 of 168 We'll have an updated list of items included in the plan, revising the estimates of useful life based on actual experience, have a more aggressive replacement cost so that we can better fund those replacements when they come due. And then also putting together a strategy as far as what we need to be included in the different years as far as when expenses come up. We're looking to have this finished in July. I actually got an email from Willdan this morning for a phone call to kind of start looking at a project schedule. So we should have that set. MAYOR DICKEY: I'm sure that they are professional enough to take this into consideration, but with the seven and a half percent inflation you were just talking about, the fact that they're doing it now, I would imagine they'll have their own mathematical formulas in there to mitigate that because that's not normal. DIRECTOR POCK: Absolutely. It's definitely not normal. And hopefully it's not three, four, five years out there either. But yes, it will be taken into account. That's for a fact. MANAGER MILLER: Mayor and Council, this is really good news, and this is a -- I think it's good timing to do this. As David was indicating, it's been a long time that we've used this. My predecessor and the previous Council approved the current Facilities Reserve Plan or program. And so it was really kind of ahead of its time because I know a number of cities don't have these. So this is really good. A lot of cities do this pay as you go or include these types of projects in their capital improvement programs. So this is really good. It helps us kind of plan ahead so we can kind of budget appropriately for replacements of major infrustruc -- I'm sorry -- major facilities. So anyways, I think the timing is really good. And we did find that there were a number of things missing from that. If there's no further questions, we'll move on to the next item which is the proposed establishment of a culture and preservation commission. Ms. Goodwin will be giving the presentation on this. GOODWIN: Thanks, Grady. This one is a item that was actually brought forward by a number of folks that were involved with our 50th anniversary, as we celebrated our 50th, gosh, two Decembers ago now. I've lost count. The idea of the Fountain Hills heritage and the preservation and sort of the significance of our different historic and cultural landmarks has been brought forward. So there was a consideration to potentially develop TOWN OF FOUNTAIN HILLS Page 98 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 98 of 168 a new commission that is focused around the cultural and preservation, cultural highlights and preservation of our community. Based on our other commissions and how they operate, this would be at the direction of Council. The proposal would be to probably structure it similar to how most of our other commissions are, with a seat of seven. And here are some suggested areas of focus: to increase public awareness about our historic, cultural, and architectural preservations; developing public education programs; and the like. We would work at looking at national historic landmarks, and potentially national registered and historic places. If you have any questions, this would really be at the will of Council if this is something that Council has interest in. MAYOR DICKEY: I just want to thank you for that. Looking forward to seeing how that goes forward. We have several models to look at from other cities and it became apparent, like you were saying, some of the organizations here in town have possession of documents and photos, and started to say what should we do, you know, with them, and talk to a museum, and I think this would be a good thing for us to do, especially following the 50th that it came into play from several sources. NB: Do you have people lined up to be part of that committee? DIRECTOR GOODWIN: I think a number of folks that would be interested, unfortunately, probably our, what I call, our sort of unofficial historian, Amy Arnold would be a great model. However, I don't think she's currently a resident but is looking to be back involved in some capacity. I think a number of our folks that served on our 50th committee would be interested in that as well. DIRECTOR GOODWIN: Okay. MAYOR DICKEY: Thank you. All right. Moving on. DIRECTOR POCK: All right. It's pass the mic between Rachel and I for a couple of these I guess. I'm off, I'm on, off, I'm on. All right. So we talked about this earlier today, it came up during some of the budget conversations. But just to give you an update on the public services -- or public safety evaluations that are currently going on. Matrix Consulting is doing the law enforcement evaluation. [RINGING] Was that planned? [LAUGHTER] You're the next slide, okay. Relax. [LAUGHTER] The consultant is Greg Matthews senior manager. I believe everybody on the Council's had a TOWN OF FOUNTAIN HILLS Page 99 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 99 of 168 chance to speak with him. Grady's had a meeting with him, I have, and has also talked to Larry (ph.) at the same time. So right now they're going through the process of collecting all the different documents and data from MCSO as far as, you know, areas of responsibility, reports written, calls for services, data and that sort of thing, as well as personnel information and staffing reports, and then some of the other management and performance reports as well. They are in the process of setting up a town hall-style meeting, trying to coordinate that. The estimated completion is late spring/earlier summer. Hopefully, that will be done before Council breaks for the summer. That's the goal. VICE MAYOR MAGAZINE: Question. DIRECTOR POCK: Yes. VICE MAYOR MAGAZINE: We're going to get a report based upon Matrix Consulting interviews, discussions. What's the purpose of the town hall-style meeting? What are -- I mean, what are people going ask, or talk about, or -- DIRECTOR POCK: I think a lot of that goes back to what was during the first presentation as far as satisfaction areas that, you know, I think, if I remember correctly that was one of the main points, was MCSO, and levels of services, and what are they doing to prevent crime, that kind of thing. Get that kind of information to be more responsive to the community. Since kind of the underlying question with this study is are we best served -- are the residents best served with continued contracts with MCSO versus other options. VICE MAYOR MAGAZINE: That's the part that I don't know how the residents could address that issue. I mean, everybody can have an opinion but they're not going to have enough information to make a -- MANAGER MILLER: Vice Mayor, if I may. I mean, I think what we're really trying to do is, this is really all about the transparency component, as David mentioned earlier. We're wanting to find out what is it that they're doing well from a citizen standpoint because these are the folks that call -- have the calls for service. They've also experienced some level of maybe a personal involvement with either crime. So these are things that I think is really good. We want to also find out what areas do they think that they can improve on. So with these being outsourced services, we don't really hear TOWN OF FOUNTAIN HILLS Page 100 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 100 of 168 about -- other than when they have a complaint that the Council receives -- we really don't hear from the residents. So to your point, I'm not confident a lot's going to come out of this, but I think it's more of the message that we're doing this to try to get some feedback and input from residents, and that they'll be involved in it. MAYOR DICKEY: Speaking of that, would you go over the qualifications of the folks that are doing these evaluations because, obviously, this is something that is important, that they have no motivations besides serving us, and giving us all the facts in a even- handed way. DIRECTOR POCK: That would be great. I know both of these were selected through an RFP process, and I honestly can't remember the exact qualifications on the law enforcement side. Do you, Grady, if -- I -- MANAGER MILLER: Well, David -- DIRECTOR POCK: I can't remember -- MANAGER MILLER: David and I have talked, and I know David's familiar. I'll let David answer. DIRECTOR POCK: Okay. COUNCILMEMBER SPELICH: I reviewed all the contracts. As I stated in the Council meeting when we were hiring these groups, all of these groups that put in for the contract I believed were a little light in the law enforcement category and real heavy in bean counters, no offense to you, no offense to you. [LAUGHTER] But there wasn't really any of the people that responded that were more law enforcement then they were bean counters. So on our initial -- the first time I spoke with Greg Matthews, I mean, I right up front -- for those of you who know me, I don't sugarcoat anything. So as soon as he picked up the phone and we began our conversation, I let him know that I thought that his company was light in law enforcement and heavy in bean counters. He explained that they have more people on staff that are not in their upper echelon but in the reviewing process. Once you guys gather all the information it's run through him, and then as other people that they have on staff, I believe they have a commander that was on the Seattle PD, which is a pretty big department, a couple from California. You know, he said right out front,we don't have anybody that was on Chicago or New York. I take a lot of credit for, or a lot of, I guess, I hold people who have been in a major law enforcement TOWN OF FOUNTAIN HILLS Page 101 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 101 of 168 organization a little more than a smaller department. But he was open to all of the issues that I had with MCSO, and the problems that I saw we had. And I think -- I haven't seen anything but I think we're going to get a fair report back. But like I said, none of the people that applied, all of these contracts, all of their resumes, all of the people that are in their upper echelon, none of them were more law enforcement than consultants and bean counters. So maybe that's just the way it goes with these consulting companies, I don't know, I've never called a consultant for anything. But it seemed like they were -- of all the ones we picked, the one that is doing this had the most amount of law enforcement on staff. So that's -- MANAGER MILLER: Right. COUNCILMEMBER SPELICH: That's the only thing I can speak to. MANAGER MILLER: Right. I think you summed it up very well, Council Member. I would just add also that Matrix, I was familiar with Matrix. Matrix does a lot of these for -- particularly in this state and in the western United States, particularly in California where they have maybe cities that are newly incorporated that are looking at starting their own law enforcement department. They are really tops in that area, or also doing the kind of study we're doing, which is to ensure if we are outsourcing, are we gettin g the value for what the Tax Mayor money is for this. So I do think that that's really good. And then on the fire side, they were definitely -- the fire side definitely had people who were qualified that worked primarily as fire personnel. I understand Council Member Scharnow wanted to something. So I'll -- COUNCILMEMBER SCHARNOW: No. Just -- MANAGER MILLER: I'll stop. COUNCILMEMBER SCHARNOW: Yeah. Just real quick. Getting back to the town hall meeting. Is that something the consultant's going to run, or town, or -- MANAGER MILLER: Bo, myself will get together with the consultants to kind of talk about what we want to do, what we -- we'd like to give them insight as to -- for instance, we're going to provide the recent survey results that we just have so they have that for police and fire. And I think what I would do is, I would say, hey, you know, based on these results that were just recently -- came out of survey of our residents, do you feel that these are accurate? You know, and have that be like the ice breaker, then get into TOWN OF FOUNTAIN HILLS Page 102 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 102 of 168 some more detailed questions. But, no, we're going to be involved because I want to make sure that we're getting at the right types of questions, and that we're not getting into some areas that might not be appropriate for them to get into. COUNCILMEMBER SCHARNOW: Yeah. And that's why I asked that because I could see that kind of getting out of hand very quickly, so I think it's important whoever runs it has a full understanding of the issues, and the background, and exactly what we want to get out of the forum. So -- MAYOR DICKEY: Yes, sir. COUNCILMEMBER SPELICH: Actually, I'm for this town hall meeting. What I would like to see is if Bo could somehow get the word out. As I stated before, we have huge, huge population of retired residents that live here that were in law enforcement. And I don't hang with firemen, but -- NB: I do. [LAUGHTER] COUNCILMEMBER SPELICH: But we do have a lot of retired firemen here. I can think of two retired captains that live in here that are New York fire department captains. So I think it would be beneficial if we get the word out to retired law enforcement and to retired fire department personnel to let them know that we're having these town hall meetings. Because, God knows, anytime I've had a drink with them, they let me know all the things I do wrong, and all the things MCSO does wrong. And so I'm sure they weren't a part of that 94% satisfied because you'll never satisfy a cop. So but I think we should include them. [LAUGHTER] And we should -- watch it. I think we should include them because I think if they come to the meeting we'll make sure that we tell them they have to be civilized, and if it's recorded to cut down on profanity, and invite them, and have them come and get their ideas of what they could have to offer. I think it would be beneficial. MANAGER MILLER: And something we will run by them are the different service delivery models too, just to your point. DIRECTOR POCK: All right so then onto fire services kind of the same story. I know on the fire side there was quite a bit more on duty experience, and a lot of captains, and people that developed programs, and that sort of thing, so I do remember that. Craig Haigh is the consultant from McGrath. Again, he's met with each one of you, all the TOWN OF FOUNTAIN HILLS Page 103 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 103 of 168 major stake holders, he's visited neighboring departments, and got some different information from them, got some information about like, the dispatch system, and the TOPAZ system through Mesa, and that sort of thing. So he's done quite a bit of background investigating. He will also be -- even though a town hall wasn't in their contract, he will be invited to participate. And I haven't had that conversation with him yet, I do assume that he would take up that invitation. MANAGER MILLER: I actually had a -- I had a -- DIRECTOR POCK: Did you? MANAGER MILLER: -- discussion with him and -- DIRECTOR POCK: Okay. MANAGER MILLER: -- he was open to it. DIRECTOR POCK: Okay. Good. MANAGER MILLER: So I do think it's going to happen. DIRECTOR POCK: All right. Again, estimated completion towards late spring or earlier summer. I will take this opportunity to add, even though we did mention it slightly before, and even though these evaluations weren't a part of the contract review with MCSO, as Grady stated earlier, we have met with them, we're awaiting kind of their review of our analysis of that number, and I guess we need have a follow up meeting with him. But yeah. If there's any questions about that -- MAYOR DICKEY: The timing of this makes it -- we're not going to have -- so the contracts, which are June 30, right? So we won't have this information in time for it to affect our contracts; is that what we're saying? DIRECTOR POCK: Right. I think that what's going to have to happen for this next fiscal year as far as MCSO contract would be that we extend that one one year. I think this is the third or fourth year for our Rural Metro contract, so it will renew. NB: (Indiscernible) we're at the end of the fifth year. We have a two year -- we have two two-year renewals. MAYOR DICKEY: Okay. So again, the other thing was, I think maybe a year or so ago we had the assessment done in the Marico -- or The Valley (ph.) I think, and that we had tied the Gilbert ZIP code for the safest ZIP code in The Valley. Now that's probably not current information, so if we could get maybe wherever that was from, which I know I TOWN OF FOUNTAIN HILLS Page 104 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 104 of 168 have some place. If there's something current that we could -- because, obviously, whatever that survey said, it did say that people feel safe and taken care of medically and safety wise. So I want to keep that in mind and as all this conversation comes up to make sure that people that are taking care of us know that we appreciate them. COUNCILMEMBER SPELICH: So am I to understand that we won't have the final audit by June? DIRECTOR POCK: No, no. The contract review, not audit, but yeah. As far as those results, we'll know. We already know what we've put into that report, we're waiting their reply back from that. We won't be able -- we won't have the outcome of that contract review into a new contract in time for July 1st. MANAGER MILLER: Which is what I just said earlier about doing it one year extension. COUNCILMEMBER SPELICH: Well, you said the word extension, I didn't know you meant one year. Is there a way that we can have an extension pending the review, the finalization of the review? I mean, could we get an extension with them for a couple months until we have the review before we enter into a whole new contract that's going to have 6% increase on all that? MANAGER MILLER: So I'll let Aaron answer that. But [LAUGHTER] -- TOWN ATTORNEY ARNSON: See my attorney. MANAGER MILLER: What we're trying to do is, we want to do the -- without having an issue of having a disruption of service, we want to just go ahead and do the one year extension, but the one year extension should have contract language in there that just says that that will be superseded by the new contract. So whenever the new contract has terms and conditions, and things that you're talking about would be referenced in that extension. We don't know what the outcome is. I mean, we sort of know what we believe it to be, but we don't know at this point. So I'll let Aaron -- COUNCILMEMBER SPELICH: Council. MANAGER MILLER: He can probably respond to that better. ATTORNEY ARNSON: Mayor, the Councilman Town Manager said it pretty well. That whatever the term of the extension is, you know, I don't know what MCSO will and won't agree to. But certainly if they would agree to a lesser term, or if they would agree TOWN OF FOUNTAIN HILLS Page 105 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 105 of 168 to year's term to just extend out our current status quo to be able to maintain that, and then work -- roll whatever into a new contract, I think that's what we're going for. COUNCILMEMBER SPELICH: Okay. MANAGER MILLER: The question that Council Member McMahon asked, if it doesn't take a year it will roll into the new contract, and I answered the affirmative yes. And Council Members, this next item just kind of -- we touched upon it a little bit with the financial review earlier. The finance director is going go through this brief presentation and hopefully get your buy in to the staff recommendation before you. DIRECTOR POCK: All right. So everybody's seen these slides before. But as far as the ARPA funding, American Rescue Plan Act, we were awarded $8.4 million to be distributed over two years. We received $4.2 million in July, we're scheduled to receive another 4.2 at the beginning of our fiscal year '23, which is July. We did touch on the final rule, was just issued in January, so we know that we're going to be okay with how we're spending those funds. Our entire award may be used to fund any governmental service, which public safety obviously fits that category. Fiscal year '22, for the 4.2 that we received, 80% is going towards the Rural Metro contract, 20% towards MCSO. I am suggesting that we just do the same just to keep things simple. I don't want to throw our auditors too much of a curve ball year to year, so let's just keep it the same. The Resulting General Fund savings for fiscal year '22 and '23 will be used based on your decisions. And these are the potential uses. So we did -- Council approved up to $300,000 to be used for not-for-profit grants. In the current fiscal year that program is currently under way and Eric Procknow (ph.) is working with that, so I know a few checks have gone out already. I don't know if we'll get close to actually spending $300,000, that just depends. NB: Can you define what non-profit means for that? DIRECTOR POCK: I believe the final decision was that anything that fell under the 501. MANAGER MILLER: No. DIRECTOR POCK: Not -- MANAGER MILLER: It's -- DIRECTOR POCK: There's multiple -- MANAGER MILLER: There's like 14 or 15 different categories of 501s. It was pretty TOWN OF FOUNTAIN HILLS Page 106 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 106 of 168 much all those organizations because we fraternal organizations like Lions Club, and then we have civics organizations. So we erred on the side of being broader. DIRECTOR POCK: All right. And then we had kind of set aside $100,000 to be used for any pandemic related unforeseen things that might come up this fiscal year. So far we haven't used those funds. And then this comes into what we had spoke about earlier as far as streets. The remaining $8 million could be added to the Streets Fund to supplement existing baseline budgets for fiscal year '23 and '24. This additional funding would increase the Streets Fund budget to almost $10 million for the next two years. Unspent fund balance at the year-end gets -- as far as the Streets Fund goes -- unspent fund balance at year-end gets carried over to the next fiscal year and can be used in subsequent Streets Fund budgets. So it's not like the general fund where if there's something left over it gets sent off to the Capital Projects Fund or something like that. Streets Fund rolls year to year. So that $10 million that we allocate for two fiscal years, if it's not spent in those two fiscal years, it'll get spent the next year. So we know that that's -- VICE MAYOR MAGAZINE: That's a lot of money for Streets, and that includes the 3 million you mentioned earlier or not? DIRECTOR POCK: So we had 3.9 budgeted for pavement maintenance with this -- VICE MAYOR MAGAZINE: So -- DIRECTOR POCK: -- current fiscal year. VICE MAYOR MAGAZINE: So potentially almost $14 million, is what you're saying? DIRECTOR POCK: So if we take and add 8 million to I'm assuming that next year's Street, I think our base budget for pavement maintenance was 2.5, if I'm not -- so that would 5 plus the 8 million would actually be 13 total --- VICE MAYOR MAGAZINE: I don't know -- DIRECTOR POCK: -- for two fiscal years. VICE MAYOR MAGAZINE: I don't know how we publicize that but we should try to figure out a way to get that out. The citizens -- DIRECTOR POCK: Yes. VICE MAYOR MAGAZINE: -- you know, they're always complaining about streets, they said it was a top priority on the survey, we have to get that out. That's a lot of money and I would just ask staff, and Bo, and whatever -- yeah. TOWN OF FOUNTAIN HILLS Page 107 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 107 of 168 MANAGER MILLER: So if I may, Ginny, just to add to that. So I want to let you know, obviously next item on the agenda is an update from the Citizen's Committee on long term street needs. But I do want to let you know since we're talking about this particular topic, last week they met, and they were aware that the Council was going to be talking about use of the ARPA savings to pay for streets, and they voted unanimously to endorse that. So I mean, obviously this appears to be consensus here, but they wanted to let you know that they wholeheartedly approve that, and hope that you take that into consideration. VICE MAYOR MAGAZINE: Again, I hope we can get the word out -- MANAGER MILLER: We will. VICE MAYOR MAGAZINE: -- somehow. COUNCILMEMBER SCHARNOW: Can Rachael get her umbrella? [LAUGHTER] MAYOR DICKEY: Well, speaking of that -- MANAGER MILLER: A little cocktail one. MAYOR DICKEY: Do we know what we're going to get from the infrastructure bill? No. DIRECTOR POCK: I haven't heard anything from the league since the initial -- it was passed on -- MAYOR DICKEY: So -- MANAGER MILLER: They're waiting -- DIRECTOR POCK: -- on where that's at. MANAGER MILLER: -- for official guidance on it. MAYOR DICKEY: Okay. MANAGER MILLER: Other than that fact that we know it's broken into several different categories of, you know, bridges, and transit, and roads, and highways. MAYOR DICKEY: Okay. Yeah. Because the -- I don't know what sort of limitations are going to be put on that, they may not know we have a fountain. But you know, if it's a infrastructure issue, to go back to what David said, and we, you know, we put the million aside, if we wanted to put a little bit more towards the fountain I would imagine when we got that infrastructure money we could do that. You know, it seems like it would align with it. TOWN OF FOUNTAIN HILLS Page 108 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 108 of 168 DIRECTOR POCK: If I remember correctly, that was going to be administered through the state, right? MANAGER MILLER: That's correct. MAYOR DICKEY: Oh, the state. DIRECTOR POCK: So at least -- MANAGER MILLER: Yeah. DIRECTOR POCK: -- we'll have some local -- somebody that might have an idea of our needs. So -- MANAGER MILLER: And I think what we may do is, we have several different options. One would be they're going to have, like, sewer and wastewater grants as well through the infrastructure bill. So that might be the route to go because there -- MAYOR DICKEY: Mm-hmm. MANAGER MILLER: -- might be fewer applicants for that kind of money. MAYOR DICKEY: That's true. So is this going right into the committee discussion, the roads committee, or is that separate? MANAGER MILLER: The infrastructure? MAYOR DICKEY: The Citizen Committee, are we doing that now or is that the next issue? COUNCILMEMBER SCHARNOW: That's the next one. MANAGER MILLER: The next issue. MAYOR DICKEY: Okay. MANAGER MILLER: But it's going to be up for discussion. MAYOR DICKEY: Okay. COUNCILMEMBER SCHARNOW: I was just going to say real quick too, another use might be for the storm water management stuff too, and the improvements we need to do. MANAGER MILLER: Very good. COUNCILMEMBER SCHARNOW: You know. MANAGER MILLER: Usually they will fund the projects but not the studies. So as much as we can get design work done so it's ready to go, shovel ready. So if I could have the remote. Oh, I have it. Yeah. So as I mentioned a year ago we started this process with the Citizen Committee. We recommended that the Council consider a Citizen TOWN OF FOUNTAIN HILLS Page 109 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 109 of 168 Committee to study and evaluate our condition of our streets, and to develop a plan to address the long term needs. Last summer we advertised in the local newspaper, and we had a number of residents -- we actually had more than 13 residents apply, we had closer to 16 or 17, but a number of them were seasonal residents and they dropped out. But just want to make it very clear, all 13 who actually were able to participate were invited to participate on the committee. In other words, no one was interviewed, everybody was invited to the very first meeting, and everybody has stayed on with this process ever since then. We've been meeting since September. Initially it was trying to get the committee members up to speed about our pavement management plan, and also to have a better understanding about how we budget for streets. We looked at Maricopa Association of Governments, and the fact that we get a lot of money through them for a lot of our projects, and we also talked about strategies. Just to let you know that the committee is currently going to be meeting its objectives, I believe, to be presenting to you their findings in April or May. What we're waiting for right now is IMS, the firm that town utilizes to actually maintain our data base, they were given basically three different -- actually four different strategies. The $8 million just talked about from the ARPA savings show us what we can get for that, and we were looking at primarily arterials and collector streets. Then we also asked, since $8 million was the most recently successful bond program for streets that was the Saguaro (ph.) back in '14, we asked them to do an $8 million, $10 million, and $12 million just to kind of see what we could with that kind of funding, and what streets we'd be able to undertake. So right now we're waiting for that. They should be presenting that in two weeks, actually next week we'll be getting the results from them, and we'll share recommended street segments that we can do with that. So the committee is very committed, they're a very good mix of people from business owners to engineers, public works people, marketing. I'm very proud of this group. They're very savvy and they are working very well together as a team. And so I'm very hopeful that they will not only address our 20 year needs, but also the one area that I've had concern all along is, I don't believe we have a large enough budget relating to the street maintenance, you know, the annual maintenance that we spend each year. So they're going to look at all these different street long term needs, they're also going to look at funding options, and if the report that they give you in May -- they'll presenting a TOWN OF FOUNTAIN HILLS Page 110 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 110 of 168 report to the Council with their findings and their recommendations. With that, I'd be happy to answer any questions that Council may have. MAYOR DICKEY: Just want a little history here. So last -- I mean, not last -- June of 2020 was when we unanimously as a council passed the pavement management plan, so that's what we're -- MANAGER MILLER: Right. MAYOR DICKEY: -- working off of. In February at our last retreat we talked about putting $2 million of CARES money into roads, which we did. Then last September we talked about, you know, the idea of bond possibly, and -- MANAGER MILLER: Mm-hmm. MAYOR DICKEY: -- that it was one time use, but then several of us, Vice Mayor and Gerry, we -- Councilman Friedel -- we talked about credibility, and how we don't want to necessarily be sitting on a ton of money for the liner, and then go out for bond for a road. So I think that we have a lot of moving parts here, but this $8 million over two years is almost enabling us to put off the $3 million shortfall we have every year and how we take care of our roads. So I wanted to make sure that we kept that in mind and remind you of the discussions that we had already had. COUNCILMEMBER MCMAHON: In today's presentation, question 16 is, would you support a bond referendum to raise funds to help improve streets? 60% of the people that answered said yes. So I thought that was interesting. NB: Until you tell them how much. MANAGER MILLER: The next presentation is going to be tag teamed by both the town attorney and development services director. And John, I do have the remote here. I don't know who's going to do most of the speaking. Yeah. We added this item on here. This was something that's been planned for a few months, and the timing is really very good. As you know, the planning and zoning's been dealing with this for probably the last going on three months. But the community's been dealing with this considerably longer. So I think it's very good knowing that this is going to be coming up before the Council in the very near future. With that, I'll go ahead and turn it over to the development services director, John Wesley. WESLEY: Okay. Mayor and Council. Turning to less numeric driven discussion topics TOWN OF FOUNTAIN HILLS Page 111 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 111 of 168 that I know some people are excited to talk about here, the things I'll be bringing up. Yes. So let's see. Which way did I -- here we go. So a quick overview. Mr. Millers's already kind of mentioned that we've been discussing now for about a year, off and on, these topics of detox centers and group homes in the town. The ordinance currently does not provide any direct guidance with regard to detox facilities -- and this went off. Green lights on. Can you hear me? I just need to be a little closer. Okay. With regard to the detox facilities. So that's a new item for our zoning ordinance to consider. Oh, there's a sweet spot in here, I'm either too close or too far, so I'll try to get it. We do have group homes currently in our zoning ordinance. The P and Z Commission, after hearing the discussions as we talked about hospitals and hearing from the community, decided it's important to go ahead and start to specifically direct work on those two items. So we're working with them currently with focus initially on the group home piece, and then we'll be following up with the detox. Today I want to give you a quick overview on both of those and what they are. Wrong direction on the buttons, there we go. So with regard to detoxification. It is a medical procedure. There are concerns in the community that this is taking place in residences, or that we might be proposing that it would take place in residences, but it's not. It's a medical procedure that should take place in a commercial locations, often in (indiscernible) whether it's a major or minor -- VICE MAYOR MAGAZINE: Excuse me. Back up -- DIRECTOR WESLEY: Yes. I will back up. VICE MAYOR MAGAZINE: -- a little bit. We're getting a -- DIRECTOR WESLEY: I'll back up and I'm afraid can't hear me at all. So it's kind of -- VICE MAYOR MAGAZINE: Well, we're getting a whatever -- an echo. DIRECTOR WESLEY: Let me try one of these other microphones again. We'll see. Okay. Maybe this won't be quite so sensitive and I can get in that spot back here that's a little easier to hear. Yeah. That's better for me too. Thank you. So there are generally two types of detoxes that go on. Outpatient, which can take place in a typical medical office. Often times people, you know, go home, and whatever in the evenings, or go to the office and get whatever level of medical care they need while they detox. Or there's the more significant inpatient type, overnight stay detox. And so we'll be looking at both of those as we talk about this type of activity. As I've looked around various city TOWN OF FOUNTAIN HILLS Page 112 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 112 of 168 ordinances to see how other towns and cities handle them, very few I've found that address them specifically. And as I've talked to the people in the cities, they just treat them as other medical type facilities, medical offices. But we'll be looking at that here in our community again. They're starting to pick up on that issue specifically. But again, we recognize it is a commercial activity, it's not a residential activity. It should not happen in residential districts. So the one we've been tackling more specifically currently, the group home issue. We've allowed for group homes in Fountain Hills since our very first ordinance back 1993. Interestingly, those ordinances have not changed any since that time. But I think we're seeing some changes in the industry, particularly over the last five years or so as the sober living type homes, the drug treatment facilities have grown. They're a little bit different then maybe where they started with more of the senior housing type of activities, so there is a need for updating and revising that particular piece of our ordinance. Currently we have 13 licensed and registered homes within Fountain Hills. When someone wants to license or register a home with the town, they usually start off coming into our office to see if it meets the separation requirements. If it does, then they proceed with actually making an application. In that application there's certain information that we ask for to understand what type of home they will be operating, and to ensure they're meeting some of our very basic ordinance requirements. You can see that list of items. And then once they submit their application, the building official and the fire marshal do an inspection on the home to make sure it meets the basic life-safety requirements. If they find anything that needs to be done, we require those to be brought up to the code requirements, and signed off on by the fire marshal and/or building official before we actually complete registration process and put them on our map. We have a little bit of a catch-22 with the state because the state requires that they show they've complied with the local zoning, and we require that they have the license, so we both want the same thing at the same time. So often what happens is we'll go ahead and give them a provisional or temporary registration while they finish their state license procedure, but they're required then to bring that license in and update it to show that they do have that license. If that doesn't happen, then we go back to them. MAYOR DICKEY: So I recently heard that they don't need a business license, is that true? TOWN OF FOUNTAIN HILLS Page 113 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 113 of 168 DIRECTOR WESLEY: So that's -- we have been requiring a business license. As we have discussed this, as we've gotten into a little bit more of the details with our attorneys, and discussing how we're updating the ordinance, there some question about whether we really should be requiring that on a individual home. The business operating the facility should have at least one, but do they or don't they for each house, that's something we'll be continuing to investigate. Since the three years that I have been here, so it's knowledge I have directly, there were two sober living homes that we were aware of when I started. We have since relocated both of those and in addition added two more sober living homes. There was one assisted living home that has been modified during that time, and I think it was allowing seven or eight, and they upped that to the ten that's the maximum allowed. And we've added one more assisted living home. So basically we've added one per year in the three years that I've been here on average. So this starts the transition into Aaron's portion of it talking about the purpose of the homes and some of the legal requirements, but they are an option that's available through federal Fair Housing and the Americans with Disabilities Act to give folks with a disability the opportunity to find housing that they need that supports them, and helps them in their process of addressing their disability, overcoming that disability, getting integrated back into the community. And a more common term that's being used these days is that of community residence. And so you'll probably be seeing that in the future as we move forward with any text changes. So with that, I'll turn it over to Mr. Arnson. ATTORNEY ARNSON: Thank you, Director Wesley. MAYOR DICKEY: Mr. Vice Mayor. VICE MAYOR MAGAZINE: Just one question. Once they get the license and go into operation, what if they get lax in terms of meeting the requirements, is there any way to follow up on a regular basis? WESLEY: Mayor, Vice Mayor, I'm going to come back to that topic. At the end we'll talk a little bit about some of the enforcement options that we have. ARNSON: Mayor, Council, thank you for the opportunity to meet with you today. We'll go through fairly briefly some of the legal requirements that apply to these. The reason why I'm going to be fairly brief today is because we expect to have an executive session to advise the Council on legal requirements where we can get into some of the attorney's TOWN OF FOUNTAIN HILLS Page 114 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 114 of 168 recommendations with respect to where we go from here. So we won't delve into that with the same depth that we will in a privileged setting. But in general, what you're looking at when you have either a group home, or a community residence, or a detox setting is two laws that sort of operate coextensively with each other. You have the Fair Housing Act which, of course, applies to prohibit discrimination in the sale or rental of residences based on race, or religion, or color. Or in this instance, the statute uses the term "handicap". Likewise, you have the ADA, which has been in effect for many decades that prohibits discrimination on the basis of disability. As far as the protections are concerned under either of those statutes, they overlap to a significant degree. So when we talk about the protections afforded by one, particularly the ADA, we're talking about the protections afforded by the other. So when we talk about legal protections, just be advised that we're kind of talking about regulations that operate similarly. In terms of the main point of both of these federal statutes, these statutory schemes, are to integrate individuals into the community. And what you see in the case law that shakes out is this constant tension between serving a legitimate governmental purpose and ensuring -- serving a legitimate governmental purpose of maintaining quality of life, versus making sure that individuals are able to be adequately integrated into the community. And you get this tenson about what caps can be put on number of people in homes, and distancing requirement between homes, and what's too close, and what's too far apart. Because if they're too close, then you get a clustering problem. And if they're too far apart, then you don't get a significant enough level of integration into the community. And so you'll see these case-by-case decisions being made about -- that are unique to the facts and circumstances of each community and each location. So in general though -- John, if you may want to advance to next -- sure, we'll stick there for a second. In general though, what you're looking at with whether under ADA or FHA; particularly FHA with regard to residences, ADA with regard to detox facilities, is ensuring that we put caps that will reach that happy medium. That's the main goal that we're trying to TOWN OF FOUNTAIN HILLS Page 115 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 115 of 168 reach here with any of these regulations. You can't have them be too low, and we'll go through what regulations are allowed. You can't have them be too high because, at that point, you start to go against what the actual purpose of the ADA and FHA are, which is creating a more concentrated type of environment. I believe here in Fountain Hills, we define single family as being able to have up to four unrelated individuals in a home. DIRECTOR WESLEY: Mayor, council, Mr. Arnson, currently we don't have a cap on that. ATTORNEY ARNSON: Okay. VICE MAYOR MAGAZINE: That's one of things we're proposing to change as we do this amendment. ATTORNEY ARNSON: Okay. (Indiscernible). Thanks. So regardless, what you need to make sure we do is create that minimum level of occupancy high enough where it allows for a concentration of individuals living in these homes that will, you know, allow enough capacity for people to be able to occupy the spaces. And then at the top level, that maximum is usually around that 10 to 12 so that you don't have that density concentration problem that we were talking about earlier. VICE MAYOR MAGAZINE: Excuse me. Question. Is there a square footage issue? ATTORNEY ARNSON: There are square footage issues. And usually the way that we address that is not so much with square footage but rather with like capacity in bedrooms. Go ahead, John. Yeah. DIRECTOR WESLEY: Mayor, Vice Mayor, there are both options in there. Some communities regulate and say you can't have more than two per bedroom. In the building code, there are some minimum sizes. They are fairly minimal. I probably don't have these exactly right, but as I recall from talking with our building official, I believe the first person needs at least 250 square feet and then 100 square feet per person thereafter as a minimum size for a dwelling unit up to a maximum of 16 individuals through the building code that could be in a home. So again, do that math, it's not a very big dwelling that could allow that 10 to 12 people. VICE MAYOR MAGAZINE: Just based on what you said, I would think that square TOWN OF FOUNTAIN HILLS Page 116 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 116 of 168 footage might be advisable because you can have a very tiny bedroom with two people in it. It's just something to look at. ATTORNEY ARNSON: Yeah. And to be clear, what we're talking about here, I kind of transitioned without making clear. We're now talking about community residences specifically on this slide, okay? So we do have the ability under the ADA and the FHA to set reasonable zoning regulations, reasonable zoning restrictions. Particularly, spacing requirements. Again, it's that sort of -- we're looking for that not too cold, not too hot, just right effect. Trying to look for what will integrate folks into the community versus concentrating them in one particular area. We see ranges between 800 feet and 1,300-ish feet. I believe our separation is currently set at 1,200 feet or as proposed. We also are allowed to limit those uses for community residences to residential uses. Detox uses, to be clear, are not permitted in residential zones. Likewise, although incidental medical treatment may be permitted, that more serious and intensive activity that would normally take place in a medical facility is not what's permitted and that's not what we're talking with respect to community residences. The last slide is what regulation is allowed. We take registration of group homes. One of the issues that we have run into and what was brought up before the planning and zoning commission, is that the State of Arizona has preempted local regulation on group -- on sober living homes specifically. And so they are the ones that handle the application and inspection process. The cities and towns have quite significantly been removed from that process. So what we're left with is intaking information from the applicant at time of registration with the city and town. John, do you have anything else that you want to add to this? WESLEY: Yes, just a little bit. In looking at how the state regulates the sober living home, using that as an example of something we may be able to do a little bit better because we look at code of limits. They do require that somebody providing for a sober living home must submit as part of the application packet contact person, in case there are any complaints. And basically, what I've stated here is a good neighbor policy that talks about how they will handle issues TOWN OF FOUNTAIN HILLS Page 117 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 117 of 168 such as loitering, and smoking, trash, you know, whatever number of issues. And then supposedly, somebody has an issue, they can get in touch with that contact person. That doesn't seem to be working very well for the state. When I've asked them about it, they don't really make that information available. There's no reason we can't require the same information then be supplied to us if they're suppling to the state. And then if somebody contacts us, that gives us one of those enforcement capabilities then to contact that person and have them address the issue that's been presented. So we can -- VICE MAYOR MAGAZINE: Would we be able to do that ourselves or would we have to report that to the state? DIRECTOR WESLEY: No. We would do that ourselves, is my thought in working on a -- ATTORNEY ARNSON: No, I tend to agree with that. DIRECTOR WESLEY: And I think -- no. That really was the last one. I thought there was one more on here. But coming back to the Vice Mayor's question. Currently, we don't have any renewal requirement with our group homes. So that's one of the things that we are proposing that have an annual renewal requirement; gives us a chance to see if they've had any issues over the last year. Make sure they still have their state license, that it's still in effect and ensure that they are operating. One of the questions, concerns we've had is how do we really verify in the home that they've only got 10 people and not 12 or 15? How do we know they're not doing some of these treatments in the home itself? Unfortunately, we don't have the right of entry. And so it's like any other type of activity. We can't really go in the home to see what happens there specifically. So there has to be some level of, you know, observation that goes on from the outside; some level of trust that has to be built up and so forth with the operators; input from the neighbors as they observe. They can see it more regularly than we do. That might give us some opportunity to investigate or raise questions or concerns and we can fall back to the state because they do have the right of entry into the homes, sober living home or anything that's licensed through them. They would have those rights. So it's going to be a group effort. It won't be a perfect effort, unfortunately, to try and TOWN OF FOUNTAIN HILLS Page 118 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 118 of 168 keep these in close compliance as we can. VICE MAYOR MAGAZINE: Maybe I didn't understand what you just said, but if there's complaint from homeowners, is there any recourse? DIRECTOR WESLEY: For things that happen on the exterior of the home, we have fairly easy recourse on that. Are they allowing junk or debris to build up again? If we have that good neighbor policy that says they're not going to allow the people that live there to loiter in the yard and up and down the street. When we see that happening, we can have some enforcement on things like that that are visible. But things that happen inside the house that we can't see, that becomes more difficult. VICE MAYOR MAGAZINE: What if it's noise? We can (indiscernible)-- DIRECTOR WESLEY: We have noise ordinance would apply there like it would anyplace else. MAYOR DICKEY: That's the key: like anyplace else. DIRECTOR WESLEY: Correct. MAYOR DICKEY: Question. If a business is advertising that in a -- what we would consider, a community residence or a sober home that there is some medical -- more intensive medical treatment happening, just by seeing that advertisement; can we do anything? ATTORNEY ARNSON: So first of all, you're talking about in a community residence itself if it's advertised that that's happening? MAYOR DICKEY: Yeah. Like saying go to this address and you'll get X, Y, Z treatment and we already know that that is not -- so we don't have to go in to see that but that's it's been actually advertised that would be happening there. ATTORNEY ARNSON: I see. Assuming that's correct, that that's actually happening in the residence and not at a separate facility and then they're sort of shuttling back between facility and residence to distinguish between those. I would think that wouldn't be something if it's that more intense use that should be happening and we would have to report that to the State of Arizona. So yes, I think the answer is yes. COUNCILMEMBER FRIEDEL: Could we handle their license then? MAYOR DICKEY: Gerry, did you (indiscernible)? COUNCILMEMBER FRIEDEL: I'm sorry. Could we revoke their license then or do we TOWN OF FOUNTAIN HILLS Page 119 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 119 of 168 have to wait for it go through a process? Get something back from the state? ATTORNEY ARNSON: Well, in order to revoke any government benefit -- COUNCILMEMBER FRIEDEL: Right. ATTORNEY ARNSON: -- we'd have to demonstrate that they were out of compliance -- COUNCILMEMBER FRIEDEL: Right. ATTORNEY ARNSON: -- with it. But yes, there would have to be a process for us. Whether it's for our local licensing-- COUNCILMEMBER FRIEDEL: Um-hum. ATTORNEY ARNSON: -- or through the state. COUNCILMEMBER FRIEDEL: Okay. Thank you. DIRECTOR WESLEY: And if you don't mind just really quick, I'm going to jump in and make sure we use the terminology correctly. The state licenses. We simply register the homes. We can keep track of the distances and know where they are, and have the contacts, and that type of thing. MAYOR DICKEY: Councilman? COUNCILMEMBER FRIEDEL: So we're not allowed entry into these homes. Is the state on an annual basis? I mean, what if you have a home that's so entangled, it's a fire trap? What about the fire marshals going in and taking a look on an annual basis? DIRECTOR WESLEY: So with regard to the fire inspection, I can turn that over to the fire chief. I think there may be some opportunity for that. But just as a general rule, we just want to randomly knock on the door and go in to see if they've got 10 people living there, that's the type of thing the town wouldn't have the ability to do, but I do believe the state could. COUNCILMEMBER FRIEDEL: So that could be something that could be done with the renewal if we chose to go down that route. Now you also talked about reasonable zoning requirements. So if we take some of the things that planning and zoning have suggested and we incorporate them into our zoning, are we anticipating some kind of a legal challenge? And if so, are we going to have a legal defense fund or something to be prepared for that? Because everything will be tested at some point. ATTORNEY ARNSON: Yeah. Everything could be tested. And it's entirely possible TOWN OF FOUNTAIN HILLS Page 120 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 120 of 168 that it would. My advice, at this point, would be if we could hold off on that discussion until March 15th. [LAUGHTER] ATTORNEY ARNSON: That might be ideal. For the simple reason that because although I have certain predications and expectations about what may or may not happen, I would feel more comfortable sharing them in a privileged setting if that's all right. MAYOR DICKEY: Councilman? COUNCILMEMBER SCHARNOW: Well, then getting back to the scenario the mayor brought up as far as advertising and following up on that, I mean, we're basically -- have our hands tied and we're depending on the state to follow through on any kind of investigation, or penalty, or whatever, right? ATTORNEY ARNSON: It is -- unfortunately, the best answer I can give you, Councilman, is that it a challenging area for local municipalities to deal with. Because, as we've stated earlier, the State has decided that they are going to regulate this at a State level. The degree to which they allocate resources for inspectors and for those types of things it's -- yeah, determined at a State level. COUNCILMEMBER FRIEDEL: And if I remember correctly, there's one guy for the state? For the whole state? ATTORNEY ARNSON: I have heard that. I don't know that. COUNCILMEMBER FRIEDEL: Oh. MAYOR DICKEY: Councilman? COUNCILMEMBER SPELICH: Let me confirm. There is one inspector. One for the entire state of Arizona. His job duties are to license and inspect these facilities first and foremost. Secondly, is complaints. So what do you think are the chances of when we complain, he's going to get around to dropping his inspections and everything that he does, and by the way, these facilities are inspected one time a year? So it's absolutely imperative when we construct this and we vote on this, that we have something that's airtight. And if we face the possibility of some type of legal action, it's well in our best interest to protect the residents. And if that's what happens, that's what happens. You can sue a TOWN OF FOUNTAIN HILLS Page 121 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 121 of 168 ham sandwich. You can indict a ham sandwich. So that's just the way it is. So let's not be worried about if something could happen down the road, if we face legal action. We can't always base our decisions when we're up here on, oh, maybe we're going to get sued. If it happens, it happens. But I just want to stress, if we rely on the State of Arizona to do our inspections and to try to catch these people doing things, forget about it. There's one guy for the entire State of Arizona and his job is to do all of what I just told you. So making a complaint and hoping he comes out is not a good plan. MAYOR DICKEY: It sounds almost like, as far as enforcing, is we're very limited on what we can do. So I'm hoping that when we see what comes about, there'll be options there for us. But you're absolutely right. You know, I just looked at the general plan and just try to remind ourselves on why we're here; maintaining the quality of existing neighborhoods, preventing intensification of uses. It's really along the same lines of the short-term rentals, anything else that infers with, you know, your own ability to enjoy own home. And it's not to say that, you know, we all have people or opportunity to have people that live by us that, you know, there may be things that we like or don't like, but if there are ways with this or with short-terms rentals, or with anything else, and then I know we're going to talk about the zoning gaps, but that's part of our responsibility. And I wanted to ask you something, Aaron. This process which is, you know, we looked at zoning that kind of came up with the hospital; it's come up with other things before that weren't specifically spelled out. And John, I think you said in some places detox centers aren't specifically spelled out. But a year ago, when we broached the subject of detox zoning, we were, you know, pretty attacked because it looked like we were trying to set a path for it rather than control it, I guess for lack of a better word, just like we did with, you know, adult entertainment and things like that where you want -- and vaping, which you know, little by little they trying to prevent us from regulating also. But if you want to set a gap but there's an active business looking to do that, what kind of risk -- and I hear you, David, but don't you have a risk of looking like you're quickly TOWN OF FOUNTAIN HILLS Page 122 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 122 of 168 trying to narrow the zoning when you know somebody wants to do that particular business? Like if we knew that someone wanted to open a vaping place and all of sudden we said, well they can only be, you know, on one block, you know, in wherever. Is that something that's a little bit risky? ATTORNEY ARNSON: Perhaps it's something that's a little bit risky. I think in most instances, and John is on the, you know, applicant side of it more than I am, but the way that I've experienced it is in a lot of these issues when you don't have something that's in place, kind of like what happened with the hospital situation, you attempt to work with the applicant to determine an acceptable location. And then -- so that you don't have this confluence of their application with new zoning regulations at one time, and so you'll be able to come to some sort of a happy medium with the applicant and then put those on a going forward -- MAYOR DICKEY: Um-hmm. ATTORNEY ARNSON: --basis into place. So that's how I've kind of experienced them playing out. MAYOR DICKEY: Okay. DIRECTOR WESLEY: Yes. Pretty similar with specifically with the detox. At the time, looking through what we have in our ordinances, when it was developed when -- how long detox faculties as a general item have been around. You know, I determined that it wasn't a specific use. If we wanted to allow for it, we should have been in the code for it. Since then, we have had further discussions that have maybe suggested that was a little bit more, I don't know, optimistic on my part that we could be forced a little bit more into just fitting it in as we do a lot of other uses. Because our code certainly doesn't list every use -- MAYOR DICKEY: Um-hmm. DIRECTOR WESLEY: -- that goes on out there. I'm always trying to say, okay, where would that use fit? And so, you know, coming back to what Mr. Arnson said, we are better off figuring it out just calmly and rationally versus we being forced into something maybe we have less TOWN OF FOUNTAIN HILLS Page 123 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 123 of 168 ability to really think it through how we want it. So-- MAYOR DICKEY: Which is exactly what we were trying to do -- DIRECTOR WESLEY: Correct. MAYOR DICKEY: -- a year ago. And again, we can't think of everything that's going to come our way but it's good to be prepared. And we can't out and out ban anything. When we found that with the recreational marijuana that if they hadn't put that in to allow, we wouldn't have been able to do that either. So I think it's very complex and I believe that most people are on the same page for all this. David? COUNCILMEMBER SPELICH: You took my point. I was going to take a trip down memory lane with you, Councilor. And that trip begins with Prop 208. When we knew and the scent was in the wind -- [LAUGHTER] COUNCILMEMBER SPELICH: -- ha-ha. And that we thought that Prop 208 was going to pass, the old council, not just the senior council members that are currently up here along with the old council, took action ahead of this by saying that we weren't going to allow marijuana sales in our town. And the old council was completely on board with that. And you could remember the backlash from the owner who gave us a tongue lashing up here about how we were going to miss him when he was gone. ATTORNEY ARNSON: I do remember. [LAUGHTER] COUNCILMEMBER SPELICH: And I have to be honest with you, I don't miss him a bit. MAYOR DICKEY: But David, again, we were only allowed to do that because it was in the law that voters passed. We would not have been able to ban it if we didn't get that door open in time. COUNCILMEMBER SPELICH: Right. I'm not saying we're banning -- I'm not saying we're banning. I'm just saying that we're thinking ahead. That's all. TOWN OF FOUNTAIN HILLS Page 124 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 124 of 168 I'd like to use -- I'm -- MAYOR DICKEY: Well don't say -- COUNCILMEMBER SPELICH: I don't like your terminology. I like my terminology much better. We're thinking ahead. We're doing this preemptive. So not to discriminate against anybody. We're just preemptively looking out for the town. That's your point to agree with me. COUNCILMEMBER SCHARNOW: Yeah. I -- MAYOR DICKEY: Yeah. Because David always speaks these things into existence. [LAUGHTER] COUNCILMEMBER SCHARNOW: No. I totally agree with that and that's why, I mean, to listen to the dialogue that's been going on for almost the past year has just been very frustrating because we have been proactive as we could be on this issue and doing all the research, and the legal background. And no, we shouldn't be afraid of lawsuits necessarily, but we have to go about this in a practical manner, in a calm manner, and all of that. And there's a certain process that we have with these types of things as far as going through planning and zoning, and then coming back to us. And so there's, you know, public hearings, and time frames, and postings that need to be followed. So I just -- you know, to just to say that we're not listening to the people or we're trying to push something in favor detox, all this rhetoric out there is just, you know. I don't get as upset as David does, but this is very frustrating to me in terms of how this has been framed as we're the bad guys, you know? VICE MAYOR MAGAZINE: I agree with that. And I would say that once we meet in executive session, we might have a clearer understanding of what we can and can't do, and what the chances of litigation are, or wining in litigation. ATTORNEY ARNSON: I would anticipate that that will be the case. Thank you. [Pause] DIRECTOR WESLEY: Ready for me to begin? Okay. So another item that I was asked to give the Council an update on is in regard to town court updates. We've been busy with them over the last two or three years that I've been here. And looking at some of the gaps we have in our ordinances are things that could TOWN OF FOUNTAIN HILLS Page 125 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 125 of 168 use some improvement over time. So here's a list of some of things that you all have tackled over the last couple of years; very fun topics along the way, but there's always more. Some items that we've recognized that we think are missing, could be handled in the code. A lot of them had to do with parking; that's what's on my mind at the moment because we're doing a comprehensive update to the parking chapter of the code. And so, for example, we don't deal with bicycle parking. We don't deal with electric vehicle charging. I think some that maybe coming up are the autonomous vehicles and how those get handled; and where they're allowed to load and unload, and those types of things. Then, for some reason I separated one of the parking ones: maximum parking. Some communities set a maximum parking amount, not just minimums so you don't park year around for the holiday rush. And so you don't get so much paved surface. So that's an item that may come up in -- In our zoning ordinance, currently, we reference little bit about administrative use permits. The terminology comes up and we issue some administrative use permits but it's not clearly defined currently in our ordinance what an administrative use permit is. And so that's a gap that's there that we need to bring into our actual practice. And then other things that are kind of there already but could use some update that we've recognized. Updating our minimum parking requirements. We've had that discussion here several times as some site plans have come through, and people wanted to adjust that minimum requirement. Our solid waste requirements, I think, are a little behind, and we don't mention recycling at all in there. Our temporary use permits, again, is not clear currently in our code. We've also mentioned, I didn't put it on here, our special use permit has a time limit of applicant building permit within six months of getting approval. That's probably too short of a time frame because very few of them meet that. So we might want to adjust that. The use categories -- currently our zoning ordinances, we rely on a very specific list of land uses. That's always changing, and things get out of date. So I think we'd be better TOWN OF FOUNTAIN HILLS Page 126 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 126 of 168 served -- a lot of communities have gone to use categories and so you kind of lump some things and describe things by category. It makes it easier later to adjust as things change. And then our landscaping ordinance, it's in the subdivision regulation. It's very confusing how you apply to that a site plan put in context of subdivisions. And so that's another update that we've identified would benefit the town if we could make that switch. There will likely be more things. Part of the idea was, you know, what are some of things, what are the gaps? What are we missing? We don't really necessarily recognize those gaps until somebody brings a question, brings a use, or activity we hadn't quite thought of and then we say, oh that's not covered very well. So there could be more things that come along, but these are things that staff has identified currently that we either are working on or anticipate working on over the next months or years. MAYOR DICKEY: Thank you. VICE MAYOR MAGAZINE: John, your comment about use permits being six months maybe too short. I have been so annoyed by people coming before us and asking for use permits. And we hear these big presentations, and we have these debates, and these discussions. And we finally approve a use permit, and nothing happens. Nothing happens. So personally, I don't think six months is too short. If they can't get their act together and start moving on a property in six months, then I think this is a problem. MANAGER MILLER: So the next item has to do with the enforcement actions since the Council adopted the updated sign ordinance. So this is of interest to the Council because I know you're just kind of curious how things are going. So we just thought that we'd just check in with you. And John will be giving you a brief presentation on this. John? DIRECTOR WESLEY: Yes. Okay. So as you're all maybe painfully aware, back last May you had the opportunity to approve a new sign ordinance, which we then immediately worked on some modifications with regard to the temporary signs that you approved in November. And so in that updated ordinance, there were very few changes to the permit sign TOWN OF FOUNTAIN HILLS Page 127 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 127 of 168 regulations. That stayed largely as is. More impacted was the temporary signs. That was largely due to one of the mains reasons we were doing to code update and that was the redecision that no longer allows us to regulate signs by content. So we had to switch it all over to regulations that were based on time, place, manner, size, location, number, those kinds of things. And so that's been in place now for a couple of months. And we've updated our website to help direct people to where the changes are and easily direct them to the parts of the code that they would need to look at to understand that when working with the chamber and individuals in terms of what those requirements are. So we have set up in the system for people for the few times where they do need to apply for permits, they can do so online like anything else they apply for permits for. In this time, we've had one application for a banner sign permit that's been approved. We're expecting another one any day now because of the banner that's been up that needs to be brought into compliance. And we've have had no A-frame sign permits at this point. MAYOR DICKEY: Vice Mayor? VICE MAYOR MAGAZINE: No A-frame sign permits. That means that people are obeying the regulations, doing it on private property, or back a certain amount of space and so on? DIRECTOR WESLEY: So Mayor, Vice Mayor, I couldn't say 100 percent that all the A- frames that you see out there meet the code. I have not seen any; our code enforcement has not identified any; nobody's complained about them. But that doesn't mean haven't actually seen -- VICE MAYOR MAGAZINE: All right. DIRECTOR WESLEY: -- somebody that's not in compliance. VICE MAYOR MAGAZINE: Good to hear. DIRECTOR WESLEY: Okay. Just in general, with regard to enforcement; this comes back a little to one of Councilmember Spelich's comments earlier, and how we do work with not only sign enforcement, but enforcement in general. You know, we do deal largely off of complaints, and we do get complaints about signs, and we do address those. With regard to the temporary signs, that's where we take our highest degree of proactive TOWN OF FOUNTAIN HILLS Page 128 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 128 of 168 enforcement, in terms of enforcement activities, with our code enforcement officer who works some combination of Friday, Saturday, Sunday. He rotates those up, so you never know exactly which of those three days he's working, but about 50 percent of his time during those three days is spent on enforcement of the sign ordinances, the temporary signs in particular. Sometimes he will simply relocate a sign. If he sees it's just slightly out of place, he'll just relocate it and usually leave some kind of note on there saying, you know, here's what you need to do in the future. But there are other times when it's such a violation, in the median, whatever; he'll pick them up. Usually, if he can identify the location that it's trying to direct someone to; go to that location and say, here's your sign, here's the rules, you know, do it right next time. And then, some of those signs, by the end of the work period, are just in the back of his truck, because he can't figure out where they go, and they are stored here for a little bit to give somebody the chance to inquire about them. In which case, we can give them the rules, and then they, you know, get thrown away or they come pick them up. In general, he doesn't see a lot of repeat offenders, particularly in terms of the realtors. They seem to either -- they do it one time and they're gone, because they're not local realtors, or they get it, and they understand. The bigger challenge has been with the garage sales-type signs, because the citizens don't necessarily know to look at the code, and you know, where to get those rules, so that's been a little bit more of a problem. And to date, we haven't really issued any citations on these, because they really can usually be dealt with by just bringing them to compliance. Go move them; get them in the right location. But if we do get, you know, an ongoing problem with a given individual, then we sort of would move onto that. We have looked at and talked about some of the more consistent issues and areas where we see, you know, here is a sign that's a temporary sign that's not following the code. But if we see that one, and we see, you know, three or four others of the same type; that, if we deal with this, then we have to deal with all of those. And so figuring a good approach to that, either by sign type or location, is something we're still working to address more consistently. And one of the challenges we have, just generally with code enforcement is -- and this seems to have been escalating some over the last few years. If, when we do find a violation, people are much more prone now to try to point out all the other TOWN OF FOUNTAIN HILLS Page 129 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 129 of 168 violations. We're dealing, it seems like, with a lot more neighbor disputes. Someone turns in a neighbor, then they start pointing fingers at each other, and we're back and forth dealing with situations that way. Or when we issue an order to somebody, then they will call the hotline, and they will load up, you know, 20, 30 complaints, you know, all over town about whatever. And so that just starts eating up all of our staff time with trying to respond to those. And so in response to that, our code enforcement staff has had the procedure, the process; if they get a violation, they're going to go investigate it, regardless of what it is. And so that ends up eating up a lot of their time. And so we are proposing and planning to put into effect a more public explanation of what our priorities are and our policies are; that a life-safety issue is going to take a lot more priority than something that's a little bit more frivolous. Following up on on-going issues is going to take a higher priority. And also that policy that, you know, staff can and will initiate cases. Citizen complaints of within 300 feet of where you live are going to take a higher priority than something you complain about across town, limiting the number that we will really process on a quick basis per person per week versus anything you send in, we're going to process. That will allow us, we hope, then, to prioritize some of those things, really focus in where we think the issues are, and be able to take a better proactive approach in the future once that's kind of out there. Here's our policy, and people understand that. So that's kind of a related issue. Questions? COUNCILMEMBER SPELICH: Thank you, Mayor. Part of the Mayor's first campaign was to request another code enforcement officer, which I completely agreed with, and I voted for. It seems that, piggy-backing off the survey and on top of what you're talking about; some of the survey, some of the dissatisfaction, or however you want to put it was about code enforcement. So as I sat up here thinking today, we get reports from Captain Kratzer; we get reports from Joanna, her court administrator; we get reports from basically everybody gives us reports. I would like to have my fellow Councilmembers, as well as the Mayor chime in. What I would like to see is, up until what the town manager just told me today, my biggest gripe with code enforcement was not responding to on-view complaints. They spend an enormous amount of time driving around the TOWN OF FOUNTAIN HILLS Page 130 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 130 of 168 town. And when I found out that, you know, they only respond to complaints, and not; if they drove past somebody's house, and they had grass seven-foot high, and intermingled in the grass was a car that was there for three years, I have issue with that. So the manager just pointed out today that they are doing on-view stuff, just like police officers do on patrol every day. So with the Council's blessing, as well as the Mayor's, I would like to see; if they're doing this much work, I want them to get credit for doing this much work, but I honestly don't know what they do. And I couldn't -- if a resident stopped me in a grocery store and said, what does code enforcement do? How busy are they? I mean, we know MCSO issued 250 tickets last month. I would like to see the Senior Code Enforcement Officer have a report that he can give us at the end of the month that would tell us; they did so many on- view things; they responded to so many complaints; how many citations did they issue. Because I honestly don't know where all this time and all of their work is going. So I don't know what the other Councilmembers feelings are on that, but we hold everybody else accountable for everything -- the chief gives us a fire report. So I just think that they should be held responsible for letting the Council know exactly what they do on a monthly basis, so (indiscernible). MANAGER MILLER: Mayor, Council, Councilmember Spleich, I think that's reasonable. So I'll work with the staff on trying to determine what that format of that report will look like, and we'll start doing something and distributing it to the Council on a regular basis. Thank you for that. MAYOR DICKEY: Councilman? COUNCILMEMBER SCHARNOW: Yeah. I know when, again, for us old-timers, when he had the Marshall's Department back in the day; they dealt mostly with a lot of code enforcement issues, as well. Steve Ginler (ph.) at the time, he was very good at making these kinds of reports. So I think it's doable, and it'd be good to see. The only other question I had is maybe a recommendation; if one of us sees something on the weekend, or a sign, or something, say it's not a day code enforcement is on-duty. I mean, we just take a picture, and you guys follow up on Monday. You know, you see stuff out there, and it's like, you know it's in violation, but you don't -- MANAGER MILLER: If you see something, give it to me. TOWN OF FOUNTAIN HILLS Page 131 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 131 of 168 COUNCILMEMBER SCHARNOW: Okay. MANAGER MILLER: Because I started asking for the schedules, so I know whether they're on Saturday or Sunday, because they do alternate that. COUNCILMEMBER SCHARNOW: Okay. MANAGER MILLER: So let me know. And I know periodically the Mayor gives me things. I've heard from other Councilmembers, so let me know, and I'll pass it on. And they're very responsive every time I've given it. And a lot of times, I'll tell you, about one out of two times the employee was already dealing with it. So they are being, I believe, more proactive. But I certainly think having a report and getting the Council more informed about their activities is a great idea. MANAGER MILLER: That's good to know, because I know you need more things to do, so I will do that. COUNCILMEMBER SPELICH: And Grady, I hope you didn't expect that I expect you to be responsible for this report. No way do I want to add -- MANAGER MILLER: No, I -- COUNCILMEMBER SPELICH: -- anything to your plate. MANAGER MILLER: Trust me, I didn't take it that way. COUNCILMEMBER SPELICH: Okay. Yeah, no. MANAGER MILLER: I will be working with the staff to try to identify a format, and also ensure that we put it out on a monthly basis. I don't have an issue with that. COUNCILMEMBER SPELICH: Right. And I think it's imperative that we know what was on-viewed versus what was a complaint and everything. And I want to give you credit, 100 percent, for any time a resident has complained to me about anything, and I have forwarded their emails onto you, it is done within an hour. And one way or another you get back and say, the following was done, or as he stated, somebody was already doing it. So hats off to you. And the court administrator was out of the room when I gave you a compliment. I appreciate your monthly reports; I read them; I understand exactly -- kudos to the way that you've turned around court administration. And I truly, truly want to -- I know what the reports mean, and when I read them, I understand them. And I appreciate you doing it, and compliments to the way that you've turned that around over there. TOWN OF FOUNTAIN HILLS Page 132 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 132 of 168 COUNCILMEMBER FRIEDEL: I agree. I think the report would also have a nice by- product: we can tell if there's an area that we need to educate our citizens on as well, so. MANAGER MILLER: And you know, I think, because some of our cases actually going to court, and some of them are high-profile, but you don't necessarily hear about them. Like, we've had the one person that was selling homes out of his property for many, many years; and finally, that came to a recent conclusion, and that's something that would show up in a report, so. COUNCILMEMBER FRIEDEL: Oh, the cars? MANAGER MILLER: Yes, the cars. Sorry, I meant to say cars. I'm sorry. MAYOR DICKEY: All right. MANAGER MILLER: Okay. The next item is an update from Dave Trimble, our Deputy Town Manager Administrative Services Director, and he's going to report back to the Council regarding potential membership in the Arizona State Retirement System. David? DEPUTY TOWN MANAGER TRIMBLE: Okay. Thank you very much for the time here. I've got a total of 12 slides, and the first one and the last one are just the covers, so I got 10. Hopefully, I won't take too much of your time. MAYOR DICKEY: Thank you. You've taken so much already. DIRECTOR TRIMBLE: Well, you know, I won't blame anybody else. I won't point any fingers. So this started back in the Council Retreat of 2020, in February, when we brought this to the Council as a topic. And at that point, the direction from Council was to go ahead and research it, and go ahead and get employee input, and so that's what we did. And so -- click ahead here. Just in general, to kick it off here, as far as a quick overview. The town is currently not a member of the ASRS, which is the Arizona State Retirement System. Most of the Arizona cities and towns are members of ASRS. Now, the town doesn't have anything against our current 401A defined contribution plan; however, the rules don't allow us to offer both of the 401A that we currently have and the ASRS, so it's kind of an all-or- nothing. And you know, we think the benefits of joining ASRS outweigh the negative side of discontinuing the current 401A. And the big reason that we think there's a big advantage are really two-fold: number one, the town's at a big disadvantage in TOWN OF FOUNTAIN HILLS Page 133 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 133 of 168 recruitment and retention of employees, and we think the ASRS offers employees that are in it better benefits. And we did a survey of our employees, and the majority were in favor of joining. The incremental cost to the town for next year would be modestly higher; however, the cost has begun to decrease and could easily be a savings to the town in the coming years. And we'll look at more of these things as we go along. So let's see. A little bit of the background again, just to reiterate. The topic was discussed at the retreat in 2020, and we've been delayed kind of in a holding pattern for a while there. The pandemic hit us; there were some complicating factors that we'll get into. Social Security is a big thing; it's a little bit different for us. The town is not in Social Security for full-time employees, and we'll talk a little bit more about that. So it's a complicated issue. We did take on some legal help for this, so it's a big issue; we wanted to make sure we were doing it right. And so we, as you can see, conducted a series of meetings with our employees; really kind of got it going in November, and had a bunch of meetings between then and the end of February. And again, we did a poll, and 63 percent to 37 percent approximately were in favor of joining. So we plan to place the item on the Council agenda in March if today goes okay. So more background, getting into it a little bit here. Currently, full-time staff are currently required to participate in our 401; and again, it is a defined contribution plan. Full-time staff contribute 11 percent, and the town matches that. The town contributes 11 percent; we'll get more into that later. The town opted out of Social Security for full-time employees early in the town's history, so that's important as we go along as well. It's a little unusual; I thought that was weird when I started. Well, I thought everybody had to be in Social Security, but as long as you offer a pension plan, and you're a public employer, in certain cases you don't have to. So it's fairly common in California, and not so much here in Arizona. Part-time employees are currently not in our 401A, and therefore, the town does do Social Security for those employees. That rate is set at 6.2 percent, so that's important later on when we go into the cost. And the town currently pays for long-term disability for full-time employees through Mutual of Omaha. We'll get into later on -- that's included as part of ASRS. So when we do some of the math on the costs that comes into play. And again, the bottom two points, like I mentioned; the town is at a disadvantage in recruiting and retaining experienced staff, because the town TOWN OF FOUNTAIN HILLS Page 134 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 134 of 168 is not in ASRS. And again, employees are currently at a disadvantage when comparing the benefits of ASRS versus the 401A. Let's move on. A little bit about ASRS. The State has several different types of pension plans that are not to be confused with this one; this one's the largest and best managed one. Some of the other ones that the State has are not in such good shape. ASRS has over 500,000 members Statewide. There are nearly 700 other employers within the State that are in ASRS. 79 of the 91 cities and towns; you can see all the counties, all the state employees, school districts, universities, and other governmental districts. And just sticking on that point for just a minute. Some of the other towns that are not -- again, most of them are, the vast majority. Phoenix and Tucson have their own defined benefit plan that does correlate with ASRS. But setting those two aside, the other ones that are not in ASRS I thought it was important to kind of mention: Colorado City, Jerome, Mammoth, Winkelman, Quartzsite, Huachuca City, Dewey-Humboldt, Bullhead City, and Prescott Valley. So we're in that group. You know, and that kind of plays into -- as we go along, I'll talk a little bit more about the perception of us being an outlier, and that kind of plays into that, as well, so. Again, more about the group here. It's professional; it's a really well managed group. They've been an award winner for 32 years in a row, and then they won the Pension Standards Award in 2021. And I skipped one line there. The Fountain Hills Sanitary District joined last year, and I think they probably joined for many of the same reasons that we did, or we're looking at. And again, if you kind of look at the well-funded part, according to the joint legislative committee at the Arizona legislature; non-partisan group that does reports, they have the ASRS funded at 80 percent. That's their latest report. And if you look at that, and you convert it into the Pew Charitable Trust that does a lot of research on all of the 50 states and their defined benefit plans, that would rank Arizona at 17th. So it's similar to, like, Minnesota, Oklahoma, Florida, Virginia. So I think it's a well-run organization. And as you can see there in their latest report, there it says sustainable and designed to withstand economic challenges; and are backed by the trust fund that currently has 50 billion dollars in it, and that's available to pay current and future retirement, health, and disability payments. And the way I figured that math is, if no money kept coming in; if the spicket turned off tomorrow, which it won't, that's about TOWN OF FOUNTAIN HILLS Page 135 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 135 of 168 16 years' worth of benefits that it could remain paying, so. This slide shows us kind of a lot of the reason that we're interested in joining ASRS. Fountain Hills is at a big disadvantage in recruitment and retention. The recruitment process takes a lot longer than it should. Qualified applicants assume the town is part of ASRS, and they're disappointed when they learn that we're not. Potential candidates just don't apply, so it takes longer to find those applicants. Some candidates think the town is located in one of the far outlying areas, that's kind of what I mentioned earlier. So they think -- and that's been, you know, a roadblock for us for a while; it's kind of getting over that perception that, oh, you guys are way out there, and I'm not applying for Fountain Hills; its way out there. And so that doesn't help when we're kind of lumped in with some of those other outlying areas that are not in ASRS. Some candidates apply, but later voluntarily take themselves out of consideration when they realize and understand the impact. So they get so excited. Fountain Hills has an opening; I'm perfect for it, and they apply. And they go, I can try to make this work; I'll still try to make it work. And so they, you know, try to negotiate a higher salary or, you know, just try to negotiate different ways to try to make it work, but in the end a lot of them just don't. It just doesn't work. We've gotten to the end and made job offers to multiple employees in that boat. Others I know, for an example, early on would call me and say -- they thought I was trying to pull something in my job ads, because well, why didn't you tell me? You know, why didn't you tell me you're not in ASRS? And so I learned to put in our job ad, in big bold letters, we're not in ASRS, to try to not have people disappointed. So that is a lot of the main points there. We do have an awesome staff, and we're determined to hire only the best, but unfortunately, our pool of potential candidates starts off a lot smaller than it should; because a good number of those, you know, highly qualified potential candidates come from ASRS employers. So a lot of the other bigger cities and towns may have a number one, two, three, four position. Like, accountant 1, accountant 2, accountant 3. Our senior building inspector's a good one. A lot of places have an entry level one, a building inspector 2, a building inspector 3. Fountain Hills has one, and we're looking for one that can take the ball and run with it, so we don't have a ton of training. And so that's the type of employee that we're looking for, is that more experienced candidate. And typically, TOWN OF FOUNTAIN HILLS Page 136 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 136 of 168 those are out there with other municipalities, and they're in ASRS. And just, at the end, you know, longer vacancies impact the productivity, so pretty obvious. I mean, work that would otherwise be completed would be, you know, completed by the newly hired employee, but it remains undone or less efficiently completed due to the existing staff doing double-duty. And also, you know, interview panels. This is it; you're kind of looking at the interview panels. Staff here does a lot of the interviews, so whenever we have longer vacancies, it takes out of their daily duties, as well. Our assistant town engineer, I know, has been open since last May. That's one example that we had filled, and it came down to ASRS, and that was early on. I think it was July or August when we had a candidate that, again, was trying to make it work; thought he could make it work; couldn't make it work, so. ASRS employee advantages. So the town's current 401A is a defined contribution plan subject to the ups and downs of the stock market. ASRS defined benefit plan, it provides that lifetime stable monthly income that retirees can count on, regardless of market fluctuations. And I think this next bullet point: the lifetime monthly cash payments from ASRS; if you do the math, they're a lot higher than the amount that can reasonably be expected from the current 401A plan. And even if they were the same, even if the lifetime cash pension benefits were equal to those of the 401A, employees would rather have the stability and the guaranteed ASRS cash payments than taking their chances on the market. And in addition to those things, as far as the higher lifetime cash payments, the ASRS provides additional benefits that aren't part of our 401A currently. We talked about it a little bit, but long-term disability is included in the plan. And the thing there that's different from what the town currently pays for is, if you go on long-term disability under the ASRS, you continue to gain those credits toward your retirement. And that's not something that's currently anything that's available in our 401A now. There's a survivor benefit, and then retiree health benefits are also part of the ASRS. If you retire from ASRS at all, you have the ability to purchase group medical and dental plans after you retire. And then, if you are in it for five years, you actually qualify to get a monthly health insurance subsidy that will help as you go along into retirement. And as alluded to earlier, as we talk about the cost to the town; just want to make sure that we understand, the town currently doesn't participate in Social Security for those TOWN OF FOUNTAIN HILLS Page 137 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 137 of 168 people that are in a retirement plan, so that would stay the same with ASRS. So that's a 6.2 percent amount that the town doesn't have to pay for those employees that every other city and town does have to pay. So Social Security, as I mentioned earlier, is set at 6.2 percent. We're not in it, so that saves the town 6.2 percent right off the top. The first three bullets and the last two are different there, so let me just go over those. So as mentioned, the town currently contributes 11 percent, so that's the cost to both the employee, and importantly here, to the town. Whereas, with ASRS, the board sets the contribution rate towards the end of the calendar year, and that's set for the next fiscal year. So we know what'll be in July, that's our target date to potentially implement if everything goes well here. And that rate's set currently at 12.1 percent, so it is a little bit higher than we're currently paying, but that does represent a decrease for the first time in a bunch of years. So we think that -- I think it's breaking a trend. We'll talk about that a little bit. And then, the second to last bullet kind of summarizes those other ones that detail a little bit more. So in summary, that's how I got to the amount. So for next year, the estimated combined amount incremental cost to the town is projected to be about 66,000. Now, the town currently pays about 6 million in total salary benefits and employee-related expenses, so that's about 1.1 percent increase; it's 66,000. And my bottom point there: there's a good case that can be made that joining ASRS will result in savings for the town in the coming years. So let me jump into that one. Historically, the contribution rate that was on the previous slide that the board sets once a year, that has averaged about seven percent over the past 35 years. So it's currently, again, set at 12.1. The town currently is paying 11 for our 401, so it's a little bit of an increase there. But again, it's averaged about seven percent for 35 years. So in 25 of the last 35 years the rate's been lower than the town currently contributes. So I think the odds are in our favor. Contribution rates tend to trend over the past 35 years, I noticed. 13 years it decreased for every year except one -- 14 years it increased. This year it decreased, so it reversed a 14-year trend; it could represent the start of a downward trend, possibly regression towards the 35-year average. No guarantees either way, but again, based on the historical contribution rates, it's not unreasonable to project a savings for the town. For example, if the contribution rate just goes to 10 percent, the town would save about 33,000 a year, or double what we're projecting for the incremental increase for next TOWN OF FOUNTAIN HILLS Page 138 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 138 of 168 year. And if it goes to 8 percent, the town would save about 123,000 every year. So assuming we have Council consensus today, we would present, again, at the meeting in March. And with a resolution to authorize the town manager to execute the documents for the town of Fountain Hills to join ASRS, and we'd try to implement in July. We would continue to have workshops in May and June ahead of the implementation in July, and continue to engage employees with information regarding ASRS after implementation. And my final slide here. Just, again, a summary. Again, we think we're at a disadvantage in recruitment and retention. We think the benefits are better for the employees, majority are in favor of joining. And the incremental cost would be higher next year, but I think the cost could be less over time for the town. So that's it. I'll take any questions that anybody has. MAYOR DICKEY: Councilwoman? COUNCILMEMBER GRZYBOWSKI: I've had the opportunity to talk to a few government employees outside the town of Fountain Hills, and outside of the State, as well. And it is an issue for a governmental employee that wants to go from one entity to another entity to find out that they're going to lose, or not be able to continue to contribute to something that they've already got rolling. I don't think they actually lose it if I understand it correctly. They keep it; it just kind of sits there; they just don't get to contribute more. And it really is -- you do feel like you're losing something, even though physically they're not losing it. You do kind of want to -- I could see me turning away from a job knowing that I'm not going to be able to continue to contribute to this that I've been populating for however many years. So I do know it's an issue; it's an issue at a state level, as well. COUNCILMEMBER FRIEDEL: I have some questions for you. I've been a financial professional most of my life, so when this came up, I did a little bit of digging and a little bit of research. Presently, ASRS is underfunded by about 16 billion dollars as of a couple years ago. And I don't -- maybe this last year was the first time in recent memory that the actual contribution rate went down, but according to their agreement, it says that employees are required to pay 50 percent of any costs associated with paying down pension debt. That 16 billion dollars is a lot of money. Contributions back in 2001-or '2 TOWN OF FOUNTAIN HILLS Page 139 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 139 of 168 were two percent. Now, they're at 11 something, as you quoted, with this one year where they actually went down. The only way to correct that deficit is to raise the contributions on all participants, that would be including the town. So I did some numbers, and your numbers and mine are a little bit different, but for the most part they're close. That $66,000, so what would we do to make the employees paychecks stay the same? Would we have to compensate them so that their checks stayed whole? If that was the case, that's, you know, 140,000 a year right there. In seven years that's over a million dollars in cost to the town. So I think -- you know, and then the obstacle about -- I have a hard time with the obstacle about recruitment, because you've got 19 or 20 people on the payroll right now that were associated with this plan, and they're still here. If they chose another path to shore up years or whatever, they could've chosen that path, and they didn't do that. So there must be something attractive here, to working in Fountain Hills. It's a great place to work; we take good care of our employees; we have a retirement plan that the town contributes right now 11 percent to. Never in my life did I have anybody contribute 11 percent to my retirement. Now, I was in the private sector, so I get that. But these are concerns that I have. As far as people getting additional benefits from retirement sources; there's financial professionals in this town that they can work it, after-tax Roth IRAs. And I really have a hard time, because it was brought up earlier by Mr. Magazine, with the inflation rates the way they are, and I don't see that going away soon. This deficit for this plan is going to get greater, I think, in the years to come. We don't even know the effects of what COVID has done to this plan, really. Not yet. We won't know for another year or two. So there's a lot of questions, I think, that we need to do a little more research on, personally, myself. Because TPT could be going down; we've got maintenance issues in this town; and to plunk another million dollars without really knowing how this deficit's going to be handled going forward I think is a big question mark, at least for me anyway. COUNCILMEMBER SPELICH: Thank you, Madam Mayor. Dave, how many employees that have left the one in the last five years given their reason in their exit interview that they left the town because we were not in ASRS? DIRECTOR TRIMBLE: I think there have been a few. I think one works for a small municipality south of us. I think one works at a different county now. But there have TOWN OF FOUNTAIN HILLS Page 140 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 140 of 168 been a few; I don't think they name that as the only reason, but I think it's a contributing factor. COUNCILMEMBER SPELICH: But their number -- was any of them their number one reason because we're not in ASRS, or did they get a better job offer? DIRECTOR TRIMBLE: I think it was a combination, probably. COUNCILMEMBER SPELICH: A combination? Okay. Well, I am now going into my sixth year of Arizona State employment, and if I had a choice to be in ASRS, I would run from it. So I'm not happy with it in the least. I've been there six years, and in six years it's gone up four times. The chance of it going down are slim and none, and slim just left town. It will continue to increase; it will not go down. And they always have reasons why it needs to go up, and we don't, as an employee of the state, have any choice but to pay into it. So I got a little heartburn over the fact that I remember the 2020 Council Retreat, in which the senior members were here. And I distinctly remember saying that, you know, get some figures and everything, but I swear to you, and I really got a memory. I swear to you, I don't remember us, in that retreat, giving the town permission to survey the employees and get their opinion on it. And here's what the heartburn's over: we kind of look like big a-holes, and I do a really good job of that without needing the town's help. So if I'm against this, and 67 percent of the employees are for it, it kind of makes me seem to be not pro-employee. And I am really pro-employee, and my votes prove that by the three raises, I think, that we gave you; the last one was three and a half percent. I think the only pay raise that I didn't vote for was the town managers. So now, the employees want to be made whole, which I don't blame them. So that's an additional 1.2 percent that, as Councilman Friedel pointed out, that we have to pay up, because nobody wants to have their paycheck decrease to get this benefit. So I mean, just with the way that the survey was put out; and then it's put to us; and if we vote against this, we're kind of like, seem like we're against the town emplo yees, which I'm not. But I just -- you know, you said, well, maybe one or two in five years -- that's not a high number. And I guess, having personal experience with it; I don't want to speak, I believe the Mayor was involved with ASRS. To me, it's not some great pie in the sky thing as I think it's trying to be sold as. So I was opposed to it in 2020. I'm opposed to it now. I think you guys are in a much better position where you're at now. TOWN OF FOUNTAIN HILLS Page 141 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 141 of 168 And I mean, I hate to sound like a jerk, but I mean; if there's town employees that are a few years away from getting their -- or months or whatever away, they're welcome to seek employment somewhere else to get that ASRS credit, if that's what they want. But I can't believe that anybody, with as good as we treat our town employees, and what the raises that we've given you guys -- well-deserved raises, because you all work your butts off. But if you're going to leave this job, in which I believe this town, and the Mayor, and the Council has taken care of you guys, because of ASRS, there's got to be another reason that you're not happy with the job other than ASRS. MAYOR DICKEY: Vice Mayor? VICE MAYOR MAGAZINE: Well, first let me say that I'd be very surprised if anybody who's leaving has top of mind the fact that they don't have ASRS; they go for lots of other reasons. Whether it's location, housing costs; I mean, you could go down a long list. First, I want to thank the staff who are here. It's been a long day, and I think the presentations that have been made, the information we've been given is proof positive that we have an absolute stellar staff. I think we could put our staff up against any other municipality, in terms of expertise, and dedication, and so on. I favor ASRS. What's most compelling for me is the fact that, in order to keep this stellar staff, or attract new stellar staff when people leave, we've got to be competitive, and we're not competitive. When you listed -- David, when you listed the other towns that don't have it, my recollection is it was about five towns that were teeny, little towns, very small in population. I think it's critical for the citizens of this town that we have the best staff we can possibly have. And so for that reason -- and I think we have to be fair to the employees and let them know how much we appreciate them. So I favor it. MAYOR DICKEY: Well, as -- oh, do you have -- go ahead. COUNCILMEMBER SCHARNOW: So Dave, in your presentation, did we say we were going to make the paychecks whole, or was that just something thrown out as a possibility? I don't remember hearing that. MANAGER MILLER: Dave, I think he did reference that; that probably, you know, the next cost of the living adjustment that would be proposed would probably encompass that. So that was either implied or it was actually in the presentation. COUNCILMEMBER SCHARNOW: Because I know last year with the Sanitary TOWN OF FOUNTAIN HILLS Page 142 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 142 of 168 District, my business partner and I actually did some workshops over there with the employees, because they were switching to this plan, and they were going to be taking salary cuts. And so one of the workshops -- you know, the workshops kind of emphasized, you know, trying to save here and there, just trying to get them used to having lesser paychecks. So that's how they did it over there, just kind of throwing that out there. And then, Dave, you mentioned with the 401A; I'm not totally familiar with your plan, but I know it's market driven. But I assume the employees have -- do they have opportunities to change their investments, in terms of aggressive, moderate, you know? So I mean, it is tied to the market, but if you're a more conservative person, you can choose more conservative investments, right? MANAGER MILLER: It's self-directed, the investments are. COUNCILMEMBER SCHARNOW: Yeah. MANAGER MILLER: And they can put on auto-pilot -- COUNCILMEMBER SCHARNOW: Um-hum. MANAGER MILLER: -- and it will go into a target fund -- COUNCILMEMBER SCHARNOW: Target, yeah. MANAGER MILLER: -- based on their age. COUNCILMEMBER SCHARNOW: Um-hum. Okay. All right. COUNCILMEMBER FRIEDEL: And I think those target funds are kind of nice; they do rebalance, I believe, either quarterly or yearly. But the ASRS plan, their rate of return has been 3.7 percent over the last 30 years, so it's not aggressive. By agreement, I believe, they have to be kind of conversative with that, I think. MANAGER MILLER: Just to let you know, they have the -- eight percent is what they program into their rate of return. We just found out that they exceeded it. Do you remember what the percentage was for the calendar year last year? But everybody had a good year, the market did, as well. But for the first time in several years since they did a reform to the ASRS back in, I think -- was that in '11? They basically had their very first cost of living adjustment. What makes the fund worthy, ASRS pension plan much more sustainable is; unlike other pension plans around the country, it doesn't have an automatic cost of living adjustment, which erodes away the -- well, the fund balance, and then TOWN OF FOUNTAIN HILLS Page 143 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 143 of 168 causes the underfunded or unfunded balance to grow. So anyways. MAYOR DICKEY: Absolutely. And as David mentioned, yeah, I'm retired from the State, and my husband is. And so there were definitely benefits there, where our monthly health insurance -- not only did we get the benefit that you were talking about, the premium benefit, but you get a spousal premium benefit. For us, it was, like, 250 a month, and one of us had free dental, so there's definitely once you retire. I think, more to the point of why does somebody leave, it's more why don't they come, you know. If I was working for the State for ten years, if I decided to go to a city, I would not go somewhere where I wouldn't have been able to continue the ASRS. You know, it's reliable; you know, it's conversative; and I feel like it's a good thing for our employees. My question is, the ones who didn't want it, did they say why? And is there a way to mitigate their concerns? DIRECTOR TRIMBLE: I didn't get a whole lot of feedback from those employees, but one mentioned passing it onto someone other than their spouse, so relatively unusual in that regard. And I know we would like to have both, like I said. It would be great to have employees at least have the choice, at least a one-time type of deal for the ones that are already working here that they started under the 401 plan. But we're working with ASRS; I don't think we're going to be able -- that's not part of their process, so it's kind of (indiscernible). MANAGER MILLER: We looked into it. We really hoped, you know, that those that were here at the time; if that was the Council's decision to go forward with ASRS, that those that wanted to stay in the current plan, they could. But under the rules and regulations under the State law it's an all-or-nothing. So that's the way it is, unfortunately, and we did research that and vet that. There are some areas where, if you're over a certain age, you can opt out. If you're part-time and there's other areas, you can opt out. So anyways, for the full-time employees it's either an all-in or not-in kind of thing. MAYOR DICKEY: And can you -- oh, I just have one more question. Can you buy years? Like, with us switching. Would somebody who maybe came from Mesa, you know, worked here for a little while; can they buy back their years? DIRECTOR TRIMBLE: Yes, that is a feature of the plan. You can buy your years. TOWN OF FOUNTAIN HILLS Page 144 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 144 of 168 COUNCILMEMBER FRIEDEL: They can, but it's very expensive. MAYOR DICKEY: Well, but if you live long enough -- COUNCILMEMBER FRIEDEL: Yeah. MAYOR DICKEY: -- it's worth it. Yes, sir. We've done it. COUNCILMEMBER SPELICH: I think the amount of money that the town will incur, as far as everyone wanting to be made whole -- I know I didn't make that up; I know I read this and heard that this is what the employees want. So this will be another one and a half percent pay increase across the board for every town employee. So there seems to be a rush to get this on March's agenda. I think that the actual cost of what this is going to be, total, for all the employees to go into this; how much it's going to cost the residents and everything; these are all things that should be addressed before this Council. And I don't want to speak for the Mayor or anybody else. But me, personally, I mean, you know my feelings. There isn't anything you can tell me that would change my mind. I think you're all making a huge mistake. Huge mistake. But I believe that whatever funds that are going to have to be paid forward to make employees whole, that dollar amount should be presented to us before there's a decision made. MAYOR DICKEY: Okay. Oh, sorry. Vice Mayor? VICE MAYOR MAGAZINE: Well, just briefly. We've talked in this meeting -- we started at 8:30 -- about a possibility of approving many, many million dollars' worth of expenditures. And for me, if it means spending a little bit less on something for the employees, and for their loyalty, and for our ability to hire the best people available, I think it's worthwhile. COUNCILMEMBER MCMAHON: I have a question. It's a complicated system. There are numerous employees that will be affected positively and maybe negatively. Before I could really feel like I make an educated decision on it, I would like to see one or two examples of what the employees make. What their weekly -- if they stay at the 11 percent; if they go to ASRS, how much is there salary going to change? How much would it be to make them whole? How much is the benefit, like, for Social Security, et cetera, to be part of that system. I would really like to see more that are particularly working so that if I was trying to make that decision as an employee, I would really be able to understand it before saying yes to something, that once I say yes to, another TOWN OF FOUNTAIN HILLS Page 145 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 145 of 168 person is controlling my retirement. And I'd like to know a little bit more about the benefits, like what Ginny said and thing like that because you -- and I appreciate your slide presentation, but I need to know a little bit more about it as a person who, you know, was an employee. I did happen to work for the government for a while with that, but still, it's just -- I would like that information before bringing it before Council if you don't mind. MANAGER MILLER: Mayor, I think we've gotten some really good direction. That's what we were here for in the first place, so we will go back and try to do further research and additional information the Council's asked for. And we'll try to bring this back to you at a later date. Thank you. COUNCILMEMBER SPELICH: Mayor, could we also include why the other percentage? How much was it; 37 per -- could we -- MAYOR DICKEY: Yeah. That makes sense. SPELICH: Could we include the 37 percent that were against us? Could we include their reasoning on why they were against it? I mean, not why -- not, of course, you know, Fountain Joe says he hates it or Dave Trimble -- you know. Now, don't get -- but what would be the reason that they were against? MANAGER MILLER: We had good feedback from resident -- or from the employees for and against, and we had additional comments. Dave actually solicited that. So we'd be happy to provide that to you, you know, either when we provide all this additional research or if it's part of the decision package for you. So we'll do that either way. I know we're getting close to our end time. We have a couple of more items. Is there a desire for a real quick break, or do you want to just kind of plow through? We're just about done here. MAYOR DICKEY: Power through. MANAGER MILLER: Okay. So -- COUNCILMEMBER SPELICH: There's a democracy. MANAGER MILLER: So the next item is a community branding process that has been proposed by the vice mayor. We have had in our economic development plan and also in our strategic plan, we've had health and wellness as areas that we could target, particular industries, or try to promote our town for tourism. And the vice mayor had an idea that TOWN OF FOUNTAIN HILLS Page 146 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 146 of 168 perhaps we should go through a community branding process to make it official and actually try to come up with a whole marketing strategy towards this -- not just have it be targeted areas, but actually develop a strategy. If the Council's interested in pursuing this further, we would probably go through an RFP process, but I know the vice mayor, he was wanting to talk to you about this. And the reason why this is before you is, in talking to the Mayor, the Mayor and I had a discussion about this, and she had a different thought. She thought we can kind of do this without having to actually have a full community branding process. So I felt like I was being kind of pulled in two different directions, and so I thought it'd be important to get the whole Council to weigh in on this. VICE MAYOR MAGAZINE: My direction is the important one. MANAGER MILLER: So with that, I'll refer to the one who thinks it's the direction to go, so Vice Mayor. VICE MAYOR MAGAZINE: Yes. Grady and I have been talking about this for two or three years now, on and off, and originally he said we need to work this through a committee process, which has been happening for some time. I think we're missing a real opportunity in this town. I'm proposing the concept of a health and wellness as a potential brand for Fountain Hills, that we become known as the health and wellness center of the Valley. Everyone will pretty much understand what that means. No city or town has the assets we have to offer or the access to all of these assets. I mean, we're a small town, 24,000 people, geographically small; and yet, I think we have more assets than any other town there is. We can sell this concept, I think, to our advantage. Our strategic plan has recognized health and wellness branding as a high priority and to encourage access to health and wellness opportunities. Since early 2000s, cities and towns throughout the country have recognized the value of developing a brand image, if you will. What does it mean to have a brand? "A city or town brand is" -- and I'm quoting -- "is fundamentally its sense of identity, shaping how it communicates and markets itself to the world, and what it does, how it sets policies and makes civic investments." I'm quoting again, "Branding is not pretending to be something you're not. It's about TOWN OF FOUNTAIN HILLS Page 147 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 147 of 168 revealing, packaging, and promoting awareness about what you intrinsically are." And let me say that, while the fountain and the potential Dark Sky Discovery Center will always be centerpieces of our town and will always attract visitors and that we should always advertise them and get as many visitors as possible to enjoy them and our own citizens to enjoy them, they're structures. They're not brands. I Love New York; America's Breadbasket, relating to food production in the Midwest; "pop, pop (sic), fizz, fizz" are types of brands. Some are product brands. If we're to proceed, we need to identify our unique value proposition, and we are unique. Once we've done that, benefits can include -- and this is not original with me -- benefits can include increased recognition, increased tourism, our attractiveness to business, attractiveness to investors, growth of our economy, and job market growth. These have all proven to be the result of branding, of city and town branding. I forget the exact number. I think New York City is seeing $76 million in investment just on that one brand of "I Love New York". It can't be established in a vacuum. After receiving consultant recommendations, as Grady mentioned, a process could be created to involve influential town leaders, business leaders, residents, and so on. Finally, here's a partial list of what our town has to offer to buttress the recognition that Fountain Hills is indeed the health and wellness center of the Valley. It's a long list: trails; two medical centers; tennis, golf, and pickleball; seminars at the Community Center; parks and recreation, including such facilities as the splash pad; community garden; physical therapy; Golden Eagle Park sports events; the Sonoran Conservancy; McDowell Mountain Park; Community Center special activities for children and seniors; the Botanical Garden; library classes for children and adults. And earlier today, I think Rachael mentioned the possibility of a potential project of exercise equipment for the elderly. So we have a lot to offer. I don't -- again, I don't think there's another city or town in America with our kind of demography that can compete with us in terms of what we have to offer. If we could brand ourselves this way, I think it would be a boon to our economy. I think people would come literally from all over the country to either take part in what we have or even live here. TOWN OF FOUNTAIN HILLS Page 148 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 148 of 168 So I wanted to present that to you, very briefly, since it's late. And I'd be happy to try to answer any questions. COUNCILMEMBER FRIEDEL: Allen, you forgot day spas. VICE MAYOR MAGAZINE: Sorry. Dave said, don't forget bingo. He thinks I'm so old that I'm ready for bingo. He's said this before. MAYOR DICKEY: Well, I wouldn't disagree with anything that you said about the town. You know, my -- I had a -- obviously, I think our brand, if there's a brand, is the fountain. It's just -- I don't -- the word brand, I know, I mean, I talked to James (phonetic) about this ages ago, and it does sound a little manufactured to me, but, you know, if that's the way it is, that's the way it is. My thing was whether we could just -- we're already kind of doing it internally. What's the status of our new economic director -- economic development director who's coming? I love the idea of the active lifestyle. And the hospital, I want to make sure it's also, you know, active, not just, you know, rehabilitative or whatever. I like the idea of the parks and the Dark Skies (sic) and all of those things that you said. The spring training that we do the ads for, our partnership. So I guess it has more to do with whether it needs to be a branding, you know, consultants and all that, or do we agree that this is, you know, the kind of place we are. Why -- you know, when you ask, why did you move here? I think everybody kind of says the same thing, the views, the peace, the beauty. So if you talk to people -- you know, I talk to a lot of people outside of here that don't live here. And they're always just like, oh, you're so lucky. It's so gorgeous there. Oh, it's so beautiful. You're -- so we have a brand. Now, what -- if we need to do something more, you know, substantial with it or something, I'm definitely, you know, willing to do that, and I'm willing to do a brand full- scale if that's what everybody wants to do. But I just wanted your opinions. And Grady, again, what is the status of our economic development program? MANAGER MILLER: So the director starts next week. And I had already identified if this was something the Council wanted to pursue. This would be, obviously, this person's job to oversee this project. When I say "pursue", there's two avenues we can pursue this. One is -- we've been kind TOWN OF FOUNTAIN HILLS Page 149 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 149 of 168 of doing this not very well internally, or we can super-size it a little bit and get some additional outside expertise to help us with this. We just have, really, one person. You know, we got two, maybe, that in addition to their regular work in economic development and tourism, that we'd be able to have work on this. But branding is not their background. They're not market experts or anything like that -- marketing experts. So I think if you're okay with this, we can take this and basically develop a scope of services or scope of work. Council will have the ultimate say. We come back with a proposal for you to consider awarding a contract. If you don't want to go forward that direction, you can tell us no. If you want to tell us no today, that would be great so we don't have to go through that effort. But either way, I feel that I'm seeing there's consensus to go with this, but not necessarily seek out the professional expertise on it. COUNCILMEMBER GRZYBOWSKI: I love the idea of going active however we want to make it happen. One of the things I want to bring up is I'm kind of glad to see that we've gone away from the "get out of the valley and into the hills". While that sounds relaxing and great, I feel like it's "pack a lunch, bring your passport, let's all go to Fountain Hills". So I just feel like it shows how far away we are, where we're not. DIRECTOR GOODWIN: Right. COUNCILMEMBER GRZYBOWSKI: If we talk about being active, we're literally just on the other side of that hill right there, people. So I feel like I'm glad we're going away from the one, and I would love to see us talk a little bit more about getting active because there are literally a billion ways to do that here. COUNCILMEMBER FRIEDEL: Two questions. How does Adero play into this? And then, what about -- I mean, maybe once we get them to change their address. And then, what about the Chamber? Do they play a role in this at all to help us brand or? VICE MAYOR MAGAZINE: Absolutely, that's what I said. Once we have some kind of a plan -- MANAGER MILLER: They're definitely stakeholders to your point. Most of the time, these are identities that are community identities, and therefore they're usually initiated by a city or a town, so. But you definitely have stakeholders that are involved, and the Chamber's a huge one that you want involved, and you want the business owners. And certainly, the Adero resort is definitely going to be a major stakeholder because of all the TOWN OF FOUNTAIN HILLS Page 150 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 150 of 168 amenities that they have to offer in our community, and it fits right in with health and wellness. VICE MAYOR MAGAZINE: I was just going to say basically the same thing, that we have to reach out. We can't just do it in isolation. So we'd have to get some citizens involved. We'd have to get businesses involved, probably through the Chamber. There has to be buy-in. If there's no buy-in, there's no sense in even doing it. COUNCILMEMBER SCHARNOW: Yes. Yeah. I'm not sure how I feel on this because I'm not necessarily opposed to it. But I think with, Grady, your point, maybe, you know, flesh it out a little bit more in terms of what it would look like long term financially, what partners are willing to participate or have skin in the game. You know, even the new director, it'd be nice to have them get settled in and figure things out and get some input from them in terms of their recommendations as well. And so I'm not opposed to it, but, you know, I don't think we're ready to implement it tomorrow yet, either, so. MANAGER MILLER: Great. Well, this has all been good. I believe what we'll do is we'll go ahead and I'll work with the new director, and maybe we'll just come back at the end of one of our Council meetings, like we've done for workshop, and further flesh this out with you. So thank you. MAYOR DICKEY: Thanks. The other thing about the -- you know, I think the City of Mesa just did it, like, a couple of days ago, so you might want to take a look at that. But when I do look around, except for "Glendale's Got Game", I don't think I could think any kind of a slogan or anything for any of the towns around us. So I think, you know, it's something to consider. Yeah. I'm happy to consider it. Thanks. MANAGER MILLER: Thank you. The next item is discussion regarding a possible short-term lease of Four Peaks Elementary School. As I'm waiting to get the remote. Thank you. So as you saw in the staff report, we're not really quite ready for primetime on this, but I did want to give you a heads up because it will likely come back to you at a later date. As you're aware, BIZ HUB was established in 2018 as part of an initiative between the Town and EVIT and the school district and the Arizona Business Advisors. BIZ HUB is basically a business accelerator. It's designed to help businesses grow, as well as new TOWN OF FOUNTAIN HILLS Page 151 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 151 of 168 business startups. EVIT had planned on expanding its technical vocalizational curriculum at Four Peaks Elementary School. They were having the students that were in there, some of the occupants of their, like, FTS, the clockmaker or watchmaker -- they were utilizing the students there to kind of teach them watchmaking, and it's a really powerful, useful approach. EVIT acted as the primary anchor and sublet spaces to other businesses. Unfortunately, when EVIT pulled out in January of last year, BIZ HUB was never really able to be actualized or realize its potential. And after EVIT pulled out, the school district took over the operation of that space and started trying to fill up vacant spaces so they could try to make it finically work for them. In my opinion, BIZ HUB, it was a primary priority for economic development, and it just has never really been able to work, but I believe it's because of the situation it found itself after EVIT pulled out. In discussions with the school district, the school district will welcome leasing the facility to the Town. What I'd like to see, potentially, is to do a three-year, either no or low-cost, type of lease, where we go ahead and maybe take responsibility for the utilities and the maintenance, while we have the tenants in there. We collect the rent, and we also actively manage the facility. We also have a huge facility that we believe, in talking with Rachael and her staff, that there's good opportunities that they could use that space also for recreational needs as well. Arizona Business Advisors would also assist the town in leasing acceleration activities, so they would help us manage that as well. So they'd take on a larger role than what they currently have right now. We don't have -- these are some slides that show you kind of the site. So this is Four Peaks Elementary School in the bottom right-hand corner, the big, massive space. And that's Four Peaks Elementary School. And this is kind of the roof area. It's a huge space. I believe it's close to 40,000 square feet. So it's a very large facility. And this is the floor plan on the interior. So there's quite a bit of space that's not used, and there's some spaces where we would try to reallocate and move tenants to. Here's a little bit clearer picture. TOWN OF FOUNTAIN HILLS Page 152 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 152 of 168 To conclude, we're in the process of currently evaluating the annual operating and maintenance costs. So at this point, we were trying to get that information. We didn't get it in time for today's meeting. And that could even make a difference. If it's just outrageously expensive, like the A/C and the maintenance of what we would have to put out, if it doesn't pencil out, trust me, I have no interest in pursuing this. We'll find some other alternatives. But if we find that we're very close and there might be a small subsidy the town has in running this facility, we think that this is really huge because we have a lot of vacant space here in town. And I think BIZ HUB is a great opportunity to try to grow those businesses so they can move into some of the space that we have. So basically, I wanted to just kind of give you this as a potential item that you're going to be seeing probably in another month or so once we get this more fleshed out. I'd be happy to answer any questions that you may have regarding this proposed lease. COUNCILMEMBER GRZYBOWSKI: I love the concept of the BIZ HUB, and I have since the inception. And I actually -- once the BIZ HUB gets back up and running, I am actually on the board. One thing, I don't know anything about the building itself, but rumor has the plumbing is not good. MANAGER MILLER: Right. So we have heard about the sewer on the far west wing. It's interesting because they weren't allowing any of the occupants to go into the west wing, so to speak, but our understanding is that when they had that extension that went into the west wing and they added it, they still had all these students. So we're not really quite sure that the sewer issues are as bad as they say. And so that's one of the things that Justin (phonetic) and his staff are helping us evaluate that. They're looking at the roof. They're looking at all these other issues potentially before we make a decision. So we may be coming back with you -- to you with basically, you know what? We've looked at this. We're not sure this is really the way to go. Although right now, on paper, it's looking fine until we get those numbers. So thank you for bringing that up, because we are evaluating the plumbing issues that you've raised. COUNCILMEMBER SCHARNOW: Yeah. I mean, I'm all in favor looking at it further. And again, I think you're on top of it in terms of if the costs are just too great, you know, it's not really going to be worth our bother or our budget. TOWN OF FOUNTAIN HILLS Page 153 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 153 of 168 MANAGER MILLER: Right. COUNCILMEMBER SCHARNOW: You know, and I know when we were renovating the Community Center, some of our activities were transferred down there, mostly for seniors. And I know there was issues, you know, air conditioning or this and that. And we know that's an older building, and it's going to need some fixing up. But BIZ HUB aside, if you don't -- you know, if that doesn't fill the whole building, I mean, maybe it could be kind of another location for some parks and rec programing too. It'd kind of relieve some of the pressure at the Community Center, because I know when we were looking at different users at the Community Center and fee waivers and stuff, like the FHCCA and all their groups, I mean, I just think there's potential to use that space for some of these other things and to relieve some of the pressure we're feeling at our Community Center. MANAGER MILLER: And I didn't get into the details. But one of the areas we're thinking is a really good opportunity is maybe teen activities and teen programing, because right next door is the Boys & Girls Club, but most of their focus is really more for the younger kids. But the Mayor just recently met with the new executive director of the Scottsdale Boys & Girls Club, which has purview of our local one, and there was interest in doing collaboration. So we're going to get a meeting with that director and the staff to see what might be some potential ways that we can collaborate, and one of the areas we might collaborate is maybe doing something with teens and programming. SCHARNOW: Yeah. I mean, that's a good point. And you know, with the improvements we're doing all around Four Peaks there and some of the amenities, that's just a natural fit, if you ask me, so. And maybe we can put in a bigger zipline for, like, teenagers and -- you know. MAYOR DICKEY: big check. COUNCILMEMBER FRIEDEL: I think you should investigate it, and also, the BIZ HUB might be a good entry spot for some of our home-based businesses that have outgrown their home, and maybe then they step there and then into a vacancy downtown. MANAGER MILLER: So it's a really good point, and one of the things that was never realized -- we were trying to come up with -- when it first opened, the idea was basically a shared area where people can maybe meet with clients and also set up a laptop and use TOWN OF FOUNTAIN HILLS Page 154 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 154 of 168 the Wi-Fi there. And we were thinking at the time, and that was Arizona Business Advisors, EVID, and the Town, and we were looking at possibly having some sort of a membership or subscription base that would help recover some of those costs. So good point. Okay. Great direction. And you'll hear more about this as we obtain additional details and facts on this. The next presentation is by Community Services Director Rachael Goodwin, who's going to brief you on the Sunridge neighborhood park survey results and possible direction that she may have or consensus. So with that, I'll turn it over to Ms. Goodwin. DIRECTOR GOODWIN: I almost forgot that part. I'll start with the good news that this is the last item, so. But it is an item that is of high importance. There's a lot of community conversation going on around this, and I know I've talked with a number of different commissioners and a number of council people that are wanting to understand the big picture, so we thought this was a good time to at least share some information as well as the survey results. So without further ado, we'll jump in. As you know, we put out a survey earlier this year, back at the beginning of January. It was very short and sweet. With Bo's help, we developed seven questions. It took less than three minutes to answer, and these were the questions. What would you like to see in the park -- what amenities would you like to see? Would the survey takers prefer no lighting and sunset closure or low level to increase the park usability? As you've heard earlier today, there's a lot of asks for lights in our playgrounds, so that was part of this conversation here, as to how late this facility would potentially be available. Would you use the park as a resident? What type of parking lot surface would be preferred? And how many parking spaces would be needed -- do you feel would be sufficient in addition to the ADA? Should the park be gated when closed? And then, providing a residential address, again, once again just to confirm that it is residents that are taking the survey and it's not being taken by any folks outside of the community. One of the big questions I keep getting is, why didn't we ask certain questions on the survey? Why didn't we ask if folks wanted the park? Well, the survey was designed to understand the amenities and the layout and the accessibility. That's kind of our integral TOWN OF FOUNTAIN HILLS Page 155 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 155 of 168 starting to design the park renderings, to develop our cost estimates, and to develop a phasing process. It didn't ask if a park was desired because the park technically, as of right now, is already voter-approved and a Council-identified project. It's recognized in a number of documents. So at this point, it is a Council decision whether we move forward with a park. We didn't outline a lot of active park options in our survey. It is through our recommendation that the site be very natural, use the contours that are existing. However, we did put a number of suggestions out there, but there was an open-ended spot to comment if you wanted something else. If you really felt like pickleball belonged there, there was a place to do that. If you really felt there was a, you know, need there in that spot, there was a place to note that. How and to whom the survey was distributed. The survey was targeted to our Sunridge Canyon residents, as they're the most impacted by this project. We worked with the HOA. They were not able to provide us with the email addresses for our use, so we provided the HOA a sample email correspondence with background information, the project contents, survey links, et cetera. Originally, we had hoped to send it out from a town email address so that folks could hit reply and information could come back to us directly if they had questions; if they wanted to comment directly back to us, we could do that. We tried to eliminate the middleman. Unfortunately, that wasn't feasible, so the HOA offered to put the survey out on our behalf. I believe that they also put it on their website. The community has 775 residents, but the HOA wasn't able to confirm how many emails went out. They don't have a full email listing. MANAGER MILLER: Rachael, if I may, I just for clarification, it's 778 households -- DIRECTOR GOODWIN: Okay. MANAGER MILLER: -- correct? DIRECTOR GOODWIN: That could be right. MANAGER MILLER: Yeah. DIRECTOR GOODWIN: Thank you. So the households. So we don't have an accurate number of how many households received the email. I do know that the residents were TOWN OF FOUNTAIN HILLS Page 156 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 156 of 168 encouraged to share with neighbors and communicate that the survey was active. We received 208 responses. However, many of the questions within the responses were skipped, which is not surprising. If folks did not feel like a park was warranted, they answered the first question generally and then moved on. Of the 208, based on 775 -- I could redo the math, but that's roughly 27 percent participation of Sunridge residents. Yeah. It would be just a smidge. Yes. So the survey results -- this is just sort of a snapshot of that first question. That first question said, what amenities would you like to see? And there was, again, a couple of proposed amenities or suggested, ramada shade structures, walking trails, low-impact outdoor fitness and balance equipment, activity area for horseshoes or bocce ball, restroom facilities, picnic tables, overlook benches, a water fountain or water bottle- filling station or a pet water fountain. And then, of course, the other, which is the open-ended, where anyone could comment on anything they felt was appropriate or not appropriate for the space. Not surprising; we got a lot of comments there. We'll take a look at those in just a sec. The rest of the findings are sort of summarized here, that 85 percent of the survey takers that answered the questions prefer the park to close at sunset and have no ground-level lighting. Additionally, 82 percent would prefer the park to be gated when it's closed. Gating is pretty traditional in most of our parks outside of Fountain Park. Most of our parks, when they close at 11 p.m., the gates are closed. But that is to note that most of our parks do close at 11. Our trailheads, however, close at sunset. So this would not be out of the ordinary. If a parking lot was installed, 76 percent would prefer a hybrid surface. COUNCILMEMBER MCMAHON: Excuse me. I'm sorry. DIRECTOR GOODWIN: Yeah? COUNCILMEMBER MCMAHON: What would not be out of the ordinary? DIRECTOR GOODWIN: If we decided to close this park at sunset -- COUNCILMEMBER MCMAHON: Uh-huh. DIRECTOR GOODWIN: -- as opposed to 11, like most of our other parks. COUNCILMEMBER MCMAHON: Yep. Thank you. TOWN OF FOUNTAIN HILLS Page 157 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 157 of 168 DIRECTOR GOODWIN: If a parking lot was used -- or installed, 76 percent would prefer a hybrid surface. This kind of goes back to something that our Vice Mayor was mentioning earlier today about using alternate surfaces. If we were to move forward with this, this might be a good test area for something like that, to be a little more eco minded, improve drainage, et cetera. And then, again, if the parking lot were installed, 66 percent feel that five to ten parking spaces are sufficient in addition to the ADA. Another 27 percent felt a little more between 11 and 15 would be fitting. So we could certainly look at that to see what the space accommodated. So that first question, we had 126 comments from folks. They all fell into common themes. Some were a little more detailed than others, but this gives you a general idea of what the comments were. A lot of the comments were opposed to the park or development in this location. When I say a lot, probably about 100 or so, so a vast majority did comment that they were opposed to the park. There was noted concerns about traffic and parking and vehicular speed near the area. There was concerns about homeless encampments, drug usage, sales, illicit activity, teen hangouts, alcohol parties. VICE MAYOR MAGAZINE: Do we -- over 100 said they didn't want the park? DIRECTOR GOODWIN: Um-hum. VICE MAYOR MAGAZINE: Out of 227? DIRECTOR GOODWIN: 208. VICE MAYOR MAGAZINE: Okay. Do you read anything into -- I guess you can't -- read anything into the fact that you have 500 homes, 450, 500, who didn't say they don't want the park or do want the park. I mean, it's hard to -- I guess I would think that if so many people didn't want the park, you would think they'd write that in, and you only got -- DIRECTOR GOODWIN: It's a hard one to answer because we had a lot of folks reach out outside of the survey. I know there's been a lot of dialogue outside of what we'll call this communication tool. This was just one tool to gather that feedback. I know a number of folks have shared their opinions via email and through different resources online. And so it is a very contested place. It is a very interesting conversation, and there's a lot to it. It's not a black-and-white conversation. This survey was an attempt to TOWN OF FOUNTAIN HILLS Page 158 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 158 of 168 start looking at that, but it certainly -- it's certainly not cut and dry by any means. VICE MAYOR MAGAZINE: Okay. COUNCILMEMBER FRIEDEL: I have been reached out to no less than 15 people. I live up in North Heights, just north of Sunridge. 65 percent of them are against it. I'm just wondering -- and a lot of them said, you know what? That survey was tainted to make it sound like it was already a done deal and it was already approved and it's going to be done. These are what your amenities choices are. I'm just wondering, would it make sense to find another way to survey these people and ask that question. Do you want a park there? Yes or no? I don't know what it would cost, you know, 778 homes. Maybe we don't have all the email addresses. Is there another format that we can use and find out from these people, I mean, rather than just proceed or do something? Maybe it's an idea that, you know, isn't warranted. MANAGER MILLER: And by the way, I mean, I think that's a good idea. We were not -- we did not look at this survey as something that we were trying to just roll over all of those residents, and I went on record when we had that July 29th meeting, and of course, I didn't run this by you as the Council, who previously approved the project, but I said, if there's clearly no support, we're not going to put a park someplace where no one wants it, so -- and I mean that. But at the same time, there's an issue where unfortunately people, you know, all these concerns got ahead of the cart. We normally go through open houses and go through a design curator, or have a landscape architect. We invite the residents to a meeting. We show them kind of some concepts. And we've heard loud and clear: nobody wants a very active park at that location. And we don't want an active park because it's going to mean a lot of maintenance and upkeep, and it's going to bring a lot of people and traffic and all that from the area. So I like the idea of doing a follow-up survey. I really do, because one, as you saw -- we probably had maybe 13 percent, if I'm just doing the math off the top of my head. And I don't know how many two-member households put in, you know, separate votes or separate submittals. So I think that's a good idea. We were thinking, as you get to the end of this presentation -- And why don't you advance the slide to the next -- DIRECTOR GOODWIN: We have a couple of other slides before the one I think you're thinking of. TOWN OF FOUNTAIN HILLS Page 159 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 159 of 168 MANAGER MILLER: Okay. MAYOR DICKEY: But to that point, and I would like to follow up on what Grady just shared. When we first developed the survey, we were under the impression that the HOA had everyone's email so that it would be a complete and fully accessible. It wasn't until after the fact that we realized that they did not, and we probably should have -- had we known that, we would have gone a different route, by either doing a mailing or a postcard or something of that nature. So learned that in hindsight. VICE MAYOR MAGAZINE: I think it's an excellent idea. Normally, people who are against something are the ones who tend to come out publicly. However, we may find that two-thirds of the people don't want it. I won't know how to go on this without that kind of information. MCMAHON: Is this the park -- well, it's not a park. Is this where the trailhead -- where you were talking about having a place for people to park and access to the trailhead? COUNCILMEMBER MCMAHON: So basically, maybe the wrong term of art is being used as far as it being a park. I mean -- MANAGER MILLER: Your memory -- I'll jump in on this. Your memory is absolutely correct. We had Council direction to put in the parking lot so that neighbors there would not be impacted negatively by cars parking on the street that were trying to access the trail. And so that's what actually immediately mobilized the homeowners association, because they didn't know anything about this. And then, they brought to our attention, which I don't know how this happened, but that there had been -- What was it, ten years earlier? MAYOR DICKEY: At least. MANAGER MILLER: -- ten years earlier that the Sunridge Homeowners Association never granted permission for an easement for us to put the trail in that we were proposing. And that -- the reason for that is Rachael and I came in after that. Her predecessor was here when that was done; however, we did have some MMPC board members that might have remembered that but didn't come to our attention. So unfortunately, that's exactly what happened, and that's what initially got people very upset. We have since dropped that. In fact, we're about to send a letter to the TOWN OF FOUNTAIN HILLS Page 160 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 160 of 168 homeowners association because when we met with the community manager last Thursday, she said she thought that was still on the table. And I said, no, no. We have taken that off the table. That's not something. We've checked with our legal counsel, and there's no way we can pursue that because they had already -- they had already acted on that. That trail -- we should have known about that before we had even put it into our capital plan -- or our capital program. COUNCILMEMBER MCMAHON: Okay. So this property can't be used to access the -- when all the trails connect, this can't be used for a parking place? MANAGER MILLER: Physically, it's across the street -- COUNCILMEMBER MCMAHON: Right. MANAGER MILLER: -- from where the trailhead would have been. COUNCILMEMBER MCMAHON: Right. MANAGER MILLER: So this is actually a five-acre site right at the corner of Sunridge Canyon Drive and Desert Canyon. DIRECTOR GOODWIN: So if I can, I think there's three projects that we're talking about. We're talking about a trail, trail access; we're talking about a park; and then a parking lot that would potentially serve as both of those. The trail portion is no longer valid. It's not something we can move forward with, and that project is officially off the books. The park component is what we're talking about now, specifically the development of the five-acre parcel. And so the parking lot would still service potentially that, but it certainly wouldn't need to be the same size and scope if it were serving both amenities, if that -- does that make more sense? Okay. VICE MAYOR MAGAZINE: I'll just follow up. It occurs to me that -- and I favor another survey, but if we ask to favor or not, I'm afraid a lot of people are going to say well, it depends. So we might want to ask, for those who favor it, passive or active, something like that. MAYOR DICKEY: Well, I think -- so just to back up a little bit from what Peggy said, because we kind of wheedled through this, because I looked at the zip (phonetic) from 19-20 -- or 20-21. That's what it was, 2021. And it was the park. Then it turned into the trail thing. Because I was looking all over for it like, why is this such a surprise? I know TOWN OF FOUNTAIN HILLS Page 161 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 161 of 168 we passed this, because it was the year before, but it was still a project that went through the whole process. We just haven't don't it yet. So that explains a little bit why the questioning wasn't "do you want it", it was "what do you want it to be?" As far as it being passive, I think that's pretty much a given, but I'd be more comfortable knowing how more people feel about it in general. But overall, from the town point of view, when you put neighborhood parks in, there are parameters. Like, you got this many people that live here. This is how many parks should be within ten minutes or whatever it is walking. So there's also a community aspect to this too. COUNCILMEMBER MCMAHON: Right. MAYOR DICKEY: So I think -- but I feel like we can't do anything until we really know what Jerry was talking about. DIRECTOR GOODWIN: Mayor, to your point, the next slide actually hits right exactly what you just mentioned. COUNCILMEMBER FRIEDEL: Can I just also remind you that you got a gold star because in the survey, I think it was like, 96 percent of the residents of this town liked the present locations and the facilities of all of our parks. So we may find that we don't even need this one. It's possible. DIRECTOR GOODWIN: Well, so keep in mind, the one other thing I wanted to kind of throw out there to you is to keep in mind that this park is an identified park, and it isn't necessarily -- and I had a great conversation earlier today about the understanding that this park would be developed -- used or developed with development funds. That's what those funds are earmarked for. As our community grows or grew, it was our commitment to continue to build facilities and public spaces. So this has been identified since the last general plan, the 2010 general plan, as a park space. So we're kind of behind the curve, if you will, in terms of what we were planning to do. So in terms of standards, and I think that's what the mayor was referencing, this kind of gives you an idea of "why a park?" Who wants a park here? Why would we do a park here?" Back to the idea of -- this isn't what I just, you know, think about at nighttime. This is a -- this is based on a national standards and recommendations, and that's really where this was developed, and part of the master plan is that, generally speaking, communities of our size and scope have a standard of 9.6 acres per 1,000 residents. We TOWN OF FOUNTAIN HILLS Page 162 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 162 of 168 currently have 5 acres. The number of residents compared with (indiscernible), so usually, that rounds out to a standard of one park per 2,200, 2,300 people. We have one park for every 5,000 or so. So this is, again, just trying to work towards those standards, those measurability things that lead back to that quality of life, hopefully the foc -- that people are appreciating. Part of the conversation about, you know, keeping our community as a healthy place to live, work, and play. Again, why was this space designated as a park? Well, it was part of the general plan. It was part of the adopted parks, recreation, and trails master plan. And then, it was also noted in the Council's strategic plan, the previous one, not the one getting ready to be voted on. I pulled this excerpt out of the general plan because again, this is what's driving staff priorities and things like that to support our different development strategies. Public spaces is one of those. Fountain Hills supports three pillars of thriving social environment: improve the health and wellness through parks and recreation that inspire personal growth and healthy lifestyles, enhance connectivity by expanding and strengthening outdoor experiences that connect residents and visitors to nature and each other. So those are sort of those driving factors that we're making a lot of these decisions on -- or these recommendations. The decision, ultimately, is going to come back to Council and where you'd like us to go next. With that in mind, and I think this is where Grady was going, here are a few -- you know, a few items or a few ideas about direction. And we're open to those, how you'd like to proceed. I think a survey sounds like a great next step. We can look at what we'd like to know, and then, again, craft the questions around that. COUNCILMEMBER FRIEDEL: I think we just found the funding vehicle for your umbrella -- if it doesn't work out as a park. COUNCILMEMBER MCMAHON: Could maybe you take a look at not having it be like a park, per se, if it's chosen not to sell this property, but like, in here is a meditative healing walk, like have it be a natural trail or another part of the community garden-type of thing, so people can just enjoy walking there, or instead of it being like a park? Because I think that given what we heard and some of the public comments and stuff, it TOWN OF FOUNTAIN HILLS Page 163 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 163 of 168 seems to have a negative connotation to it in that particular place. DIRECTOR GOODWIN: You're right. There have been a couple of things that are semantics that say well, park, I think of this. I don't think of nature trails and natural topography and things like that. So there is a semantics thing there, absolutely. COUNCILMEMBER GRZYBOWSKI: I actually was going to comment similar to Peggy that what I found when I have this conversation with people is you can't -- you can't say -- what are the words -- passive versus active park, especially to a town where if you go back a slide or two and look at the parks that we currently have, most all of our parks are everything to everybody. We've got the children -- MANAGER MILLER: Dogs. COUNCILMEMBER GRZYBOWSKI: Right. The Dogs. They're all-encompassing. And actually, we're talking about doing more playground nearby the dog park, so one- stop-shop for all of your family needs. But that's not the intent for this park. So when I'm able to have a conversation with someone to help them understand that what community services director has said to me is, imagine as a zen-like park, that they're actually going to use the topography and, as much as they can, the existing prettiness and just kind of make nature trails, that that's the way Rachael has talked about it all along. Once I have that kind of conversation and they see that it's not going to be attracting the teenagers to hang out at the zipline or the tot lot or the splash pad or any of that kind of stuff, they're much more welcoming to the conversation. But because we don't have anything like that in town, it's really hard for us to imagine that. DIRECTOR GOODWIN: And I think there's a little chicken-and-egg there too because we want -- ideally, I'd love to put out, hey, these are a couple of options of what we kind of envision for the space and get feedback, kind of that design (indiscernible) that Grady had mentioned. However, that got flipped and said, instead of us doing a design, tell us what you want. So now, we're sort of, again, that chicken-and-egg. We can take some of this feedback, potentially have a few designs, and incorporate that as part of the survey. We can wait and do a secondary survey and then use that information. I don't want to get too far down one path if it's not a project we're going to pursue, so. COUNCILMEMBER SPELICH: Thank you, Madam Mayor. Rachael, a friend told me that when the survey was sent out -- is it true that the survey TOWN OF FOUNTAIN HILLS Page 164 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 164 of 168 was sent out by the HOA, but prior or attached to the survey being sent out, the HOA had commented letting residents know that they were opposed to this issue? COUNCILMEMBER GOODWIN: Correct. The email that went out to residents -- so we provided a sample email and said, hey, here's some sample language you can use. To my knowledge, that's not what was used. An email that went out through the HOA did note that they were against it and they were not supportive and provided a couple of ways for folks to share their feedback about the survey. COUNCILMEMBER SPELICH: So how could we possibly lend any credibility to the survey whatsoever when it's sent out shady like that? I mean, I'm open minded to this. I haven't made a decision one way or another. My friend that lives there is totally for it. There's many people that are against it, and I get emails. I mean, there was an email that said putting a park there was going to increase drive-bys. You've got to give me a break, okay? Just -- I -- I mean, I promise that if a park winds up being there, I'll sit down with the gangster disciples and the Latin Kings to offer a truce to make sure that no drive-by shootings are done in that. I mean, if you're going to send us emails, make them make sense of either why you're for it or why you're against it, not the nonsense of it going to increase drive-by shootings. Give me a break. And then we need to really focus on, if we're going to do this survey, to make it legit, that only the town is involved in gathering the -- putting out the questions and gathering the feedback without the HOA involved because obviously, the board of the HOA is resoundingly -- we know their position. MAYOR DICKEY: Vice Mayor? VICE MAYOR MAGAZINE: I'm hearing some comments that are resonating with me, which is the possibility of sending out -- if we could do it inexpensively -- a color whatever, rendering or what it would look like with trees and a path or something, something nonthreatening. I think that might get a totally different response than just leaving it open-ended, because I think what I'm hearing, and I think that's right, people think of splash pads and drive-bys and all kinds of crap. You know, all kinds of -- [CROSS TALK] VICE MAYOR MAGAZINE: All kinds of stuff like that. And if they see that it's all green with trees and a path or two, I think it may generate a much different response. TOWN OF FOUNTAIN HILLS Page 165 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 165 of 168 MAYOR DICKEY: I have another question. When we look at doing this in the context of the general plan, voter approved, these numbers here, is that area the -- and when you do a neighborhood park, is that the only place you would ever consider the opinion of? You know, we talk about age -- you know, age and median age in Fountain Hills and such, and there are people who live in communities because there's a park within walking distance -- with kids, of course. So is it strictly -- is that the only consideration or do we have a community consideration? DIRECTOR GOODWIN: That's a great question. And this should be weighed on different sort of heights. You know, the 5,000-foot view looks really different than the 50,000-foot view. This park specifically -- and you'll note that there's a couple of parks up there on that map that show the future park locations. Most of them are identified on currently town-owned property. So that's one hurdle. If we were to look at another site that's not town owned, we would need to look at how we would acquire that, and that's obviously more cost. That's not out of the picture. We have looked at other properties and have made inquiries about acquisition, but it's just a much longer, drawn-out process. The three that are noted on here are town owned currently. This of those three is the smallest and most accessible, I'll say, in terms of scale and scope and investment. The other future sites are quite large and will take much more of a investment financially speaking, so we're not at a place where we can do that. Additionally, we look at this map -- and you can kind of use it as a heat map, if you will, to show what communities have access, which communities have walkable access to parks, and which areas of our community do not. An idea would be, if and when we're ready to develop a park, to increase that service area. So you can kind see, you know, our western and southern edges are the lower reached areas. A lot of our parks are concentrated along our eastern border. So looking to increase that and have a better reach for our community because, to your point, when we talk about attracting families, when we talk about making this a livable community, access to parks is a big part of that, a big part of that lifestyle. And you're right, this park is different than most of our other parks. It's not designed to be a super active park. It's not designed to have our namesake fountain in the middle. Folks chose to live near Fountain Park when that's what they want to have access to. The conversation here is to create park spaces -- large, small, TOWN OF FOUNTAIN HILLS Page 166 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 166 of 168 pocket parks, community parks -- that are accessible to everybody. So yes. We would certainly look at other locations. This is the peace that, A, lends itself to it, that is the size and scope of what we can manage, and has been previously identified. So again, all of those boxes are checked, if you will, in terms of a project making sense right now. If you'd like us to look at other locations, we can certainly do that. MAYOR DICKEY: No. I think maybe you misread what I was -- DIRECTOR GOODWIN: Oh, okay. MAYOR DICKEY: What I was saying was that -- is that -- are those the only -- the people that are in a general area, when you look at putting in a neighborhood park, do you only consider the input from the people that are in that area, or is there more global desire. MANAGER MILLER: Let me chime in on that, because we're doing something here totally backwards. And I'm not being critical to staff or the neighbors or anything. But back several years ago, we had a master developer that didn't do what the norm was for most of these neighborhoods. All the cities around the Valley all require the developer to put in these neighborhood parks, and they would work with the design and what they wanted to see as far as amenities, and the builder would put those in. This is just kind of going back and making up -- just like we were having to put in sidewalks in a town that sidewalks should have already been in. So it's very similar to that, and we're having to go back. So in this case, yes. Neighborhood parks, you really want to have the input of the neighborhood that's adjacent or is going to be the primary beneficiary of it because it's supposed to serve their neighborhood. So community parks, much broader. They tend to serve a broader area, so you want to have a broader cross-section of the community. So that -- I'm sorry. We gave you kind of a roundabout answer. I apologize. DIRECTOR GOODWIN: Well, I would say our community -- our master plan -- our survey -- or master parks plan that we did and we adopted was probably that community- wide survey, that survey that said, how do you feel about parks? Do you think we need more? And over 80 percent of the survey takers said yes, we want more parks and trails and connectivity. So that's again that sort of resounding voice in a general sense that says, yes, as a community, this is something that's important to us. COUNCILMEMBER FRIEDEL: Do we have any parks in Sunridge now? TOWN OF FOUNTAIN HILLS Page 167 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 167 of 168 DIRECTOR GOODWIN: It's my understanding that the HOA has two pocket parks, but I don't have a map or an identification of where they are located or what they have. MANAGER MILLER: They're HOA Greenbelt areas that are maintained. They call them parks. COUNCILMEMBER SCHARNOW: Yes. Thank you. Well, it's probably unfortunate we got off on the wrong foot on this whole thing, you know, and now we're trying to kind of back our way in. And I mean, I'm in favor of getting some more input and information, too, from the neighborhood. I just -- and I think it could be a unique kind of area. Even if we do the zen thing or trail thing, you're still going to need, you now, some parking area in there. And you know, five acres in the scope of all of our parks in the town isn't a lot. So I mean, I -- you know, I was on the first parks and recs commission. I'm all pro-park, you know. But it's just like, it's unfortunate it's gotten to this point where we're going to get a ton of pushback even if we do something minimal, but, you know, I can see the benefit of it and, again, would favor seeing some conceptual plans or what have you, some more input. But, you know, part of me also says, you know, is it worth it? You know, is it worth the fight? I mean, I've gone to bat for some projects out here that have been controversial and "won some, lost some" type of thing. So you know on the big scope of Council and what we do and who we represent and what we're supposed to do, and part of me is like, you know, is it really worth the fight, although I think it could be a very worthwhile, peaceful -- and I totally agree with Dave. Like, a lot of the arguments are, as usual for just about anything in this town, are totally outrageous and blown out of proportion. So usually, things get done and then people get used to it. And it's -- oh. It's been there. It's really nice. That's usually how it works out. And I can see that working out with this too. But I think we've just got to be a little more cautious in terms of how we proceed from here. VICE MAYOR MAGAZINE: Rachael, if we're going to go out with another survey, would you protect us all by showing it to us before you go out with it? DIRECTOR GOODWIN: I'd be happy to. VICE MAYOR MAGAZINE: Thank you. MANAGER MILLER: We'll do it by mail too. COUNCILMEMBER SCHARNOW: Yeah. Which reminds me, because I was TOWN OF FOUNTAIN HILLS Page 168 of 168 FEBRUARY 22, 2022 COUNCIL RETREAT Page 168 of 168 surprised, you only had seven questions in the survey? Because I don't see anything about a shade structure in there, so I -- it just shocked me that -- MANAGER MILLER: That was good. MAYOR DICKEY: All right. Anything for the good of the order? No. I want to thank everybody -- COUNCILMEMBER MCMAHON: Thank you, everybody. That was a great presentation. MAYOR DICKEY: Yeah. And I really appreciate all your hard work, and get some rest. Thank you. MANAGER MILLER: Thank you all. TOWN OF FOUNTAIN HILLS MINUTES OF THE CIP WORKSHOP OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 22, 2022                  1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called the CIP Workshop of the Fountain Hills Town Council held March 22, 2022, at 5:30 p.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David Spelich; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember Alan Magazine  Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically); Town Clerk Elizabeth A. Klein  3.FY23 Capital Project Fund Preview      4.Council review and direction on the FY 2022-23 Proposed Capital Improvement Projects.     5.Review and Discussion of Community Services Proposed FY2023 Capital Improvement Projects.      6.ADJOURNMENT    MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn.   Vote: 7 - 0 Passed - Unanimously    The CIP Workshop of the Fountain Hills Town Council held March 22, 2022, adjourned at 7:59 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor              ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Klein, Town Clerk       TOWN OF FOUNTAIN HILLS Page 1 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 1 of 64 Post-Production File Town of Fountain Hills March 22, 2022 Town Council Workshop on CIP Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 2 of 64 MAYOR DICKEY: Good evening, everyone. Welcome to our study session on our capital improvements. Everybody is feisty, huh? Roll call, please. TOWN CLERK KLEIN: Mayor Dickey? MAYOR DICKEY: Here. TOWN CLERK KLEIN: Vice Mayor Friedel? VICE MAYOR FRIEDEL: Present. TOWN CLERK KLEIN: Councilmember McMahon? COUNCILMEMBER MCMAHON: Here. TOWN CLERK KLEIN: Councilmember Scharnow? COUNCILMEMBER SCHARNOW: Present. TOWN CLERK KLEIN: Councilmember Magazine? COUNCILMEMBER MAGAZINE: Here. TOWN CLERK KLEIN: Councilmember Spelich? COUNCILMEMBER SPELICH: Present. TOWN CLERK KLEIN: Councilmember Grzybowski? COUNCILMEMBER GRZYBOWSKI: Present. MAYOR DICKEY: Thank you. Grady, you'll take it? TOWN MANAGER MILLER: Yes. Thank you, Mayor. Mayor and Council, you recall last month at the Council retreat, we actually gave you a preview of the Capital Improvement Program and the projects that we're in. We also gave you an update on the current year's projects. I'm going to go ahead and call on our finance director, David DIRECTOR POCK, who will be giving you basically an overview of the Capital Project fund. And we are going to go a little bit out of order. He was probably going to do that and tell you, but we're going to actually -- right after him, we'll have Rachael do the presentation of the projects that are in the Community Services Department, and then that will be followed by Public Works Director Justin Weldy. With that, I'll turn it over to Mr. Pock. DIRECTOR POCK: All right. MANAGER MILLER: Oh, and I'm sorry. One other thing. So you're probably wondering what these artists' illustrations are. So the Mayor had asked, when we look at TOWN OF FOUNTAIN HILLS Page 3 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 3 of 64 some of the projects, that we take into consideration the Swaback Downtown Vision Plan, which was -- Council adopted in 2009. And as you look at some of the projects, you can see that the Downtown Vision Plan, particularly for the overlook and the roundabout, are actually in these illustrations before you. So these are things that were part of a plan that the Council had adopted back in 2009/2010. With that, I'll turn it over to Mr. Pock. DIRECTOR POCK: All right. Good evening, Mayor. Good evening, Council. I'm just here for a few minutes just to give you a couple, I guess, points to consider as we go through the rest of the presentations tonight. [CROSS-TALK] [LAUGHTER] DIRECTOR POCK: All right. [LAUGHTER] DIRECTOR POCK: I'd hate for you guys to miss any of my very informative flights. All right. So to start off with, I thought it would be a good idea just to kind of go through the process and the calculation that we used to come up with the General Fund transfer to Capital Projects Fund based on our reserves from the prior year, or our unassigned balance from the prior year. So at the end of last fiscal year, we had an unassigned fund balance -- audited fund balance -- of $11 million, as, according to our policy, we take 20 percent of the average five-year revenues -- previous five years -- and keep those in the General Fund unassigned fund balance, basically for operating -- continuing in operations. So that, for last year, was $3.5 million. And then, also, as part of the budget process last year, Council directed a total of $4 million to be transferred into other funds from the General Fund. So we take that out. That $4 million included $2 million to the Streets Fund for pavement maintenance, $1.5 million to the Facilities Reserve Fund, with $1 million being segregated for the Fountain Project, and then the remaining $500,000.00 going to the Environmental Fund. So after all that's said and done, we had $3.5 million left over, and that's what got transferred to the Capital Projects Fund for fiscal year '22. Is there any questions as far as that goes? All right. So then, some of the other assumptions, as with any of my budget presentations, I start TOWN OF FOUNTAIN HILLS Page 4 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 4 of 64 with, all these numbers can change. A lot of things can happen in the next three months or so, but I'm estimating that we're going to end the fiscal year with about 4.4 ending balance -- $4.4 million in that fund. Then, looking back over the last five years at what our transfers have been and with what they were last year and since we're kind of in that same situation with CARES and ARPA funding and that kind of thing, I believe that a conservative estimate is going to be about $3 million to be transferred to the General Fund -- from the General Fund to the Capital Projects Fund, giving us about $7.4 million in fund balance for projects in fiscal '23. So with that, tonight's presentations with Community Services and Public Works, their suggested or recommended projects totaling $7.383 million, leaves us with a whopping balance at $16,000.00 as far as Fund balance goes. As you know, there's projects that either get delayed, don't get finished during a year, or something like that, so I'd be really surprised if we actually made it down to $16,000.00. But we have to have the budget authority to be able to do what we want to do, and that's why we're here tonight. MANAGER MILLER: And David, if I may, our conservative estimates -- your conservative projections typically are overshadowed by a higher-than-expected number. DIRECTOR POCK: Right. MANAGER MILLER: So we are conservative, but we typically have typically a higher surplus that comes in. Now, we're just trying to be conservative. So, you know, what he's saying is it's likely that with these project costs and what we get in the transfer in, you know, it'd be a difference of that. DIRECTOR POCK: Right. MANAGER MILLER: But it could be that we have, like what we've seen historically, we've actually have had a larger balance that gets transferred in. DIRECTOR POCK: And that is it for me. Any questions? No. All right. MAYOR DICKEY: Oh, thought you were through. DIRECTOR POCK: I'm saving the long ones for next month. MAYOR DICKEY: Oh, okay. COUNCILMEMBER MAGAZINE: What was -- what was the balance of the -- if it's $16,000.00 this year, what was it last year? Do we know? DIRECTOR POCK: Last year's Capital Fund balance? So if you look -- actually, I don't TOWN OF FOUNTAIN HILLS Page 5 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 5 of 64 have fiscal -- we transferred in $3.5 million. I'm guessing, there had to be about that in Fund balance and Capital Projects, I believe. That's probably about half, because I think we were right around $7 million for this year when we started off. COUNCILMEMBER MAGAZINE: I'm asking -- I'm asking about the net $16,000.00. DIRECTOR POCK: That's fiscal year '23. COUNCILMEMBER MAGAZINE: Right. DIRECTOR POCK: If we do have the $7.4 available for fiscal year '23 to start with, that's what would be left if all of the projects were completed that are recommended for next year. COUNCILMEMBER MAGAZINE: And I think we're being told that they won't be. Is that correct? MANAGER MILLER: I think what you're going to hear is that we have a number of projects that we're either undertaking this fiscal year or were not able to be completed this fiscal year. And that money will roll over into that Capital Fund for next year. So the balance -- I mean, we are going to be working with staff to get that fine-tuned as to what that number should be, right? DIRECTOR POCK: Right. Yeah, so as far as the budgeting goes, we start with revenues, or a Fund balance in this case, and then basically work backwards. We work up to that number as far as budget. Assuming -- this would be worst case scenario is if that balance was available, all of the projects are completed next year, and we didn't take in any money next year. This doesn't take into account the revenues th at we'll be collecting next year as well, so. Does that help? MAYOR DICKEY: Mike? COUNCILMEMBER SCHARNOW: So is this slide then saying that Rachael can't find another project for $16,600 or? [LAUGHTER] DIRECTOR POCK: Maybe a plaque for the umbrella or something. I don't know. MANAGER MILLER: We'll be honest. What is going on, and you'll see -- didn't we have a slide that showed -- we'll see it when we get into their presentations. DIRECTOR POCK: Right. MANAGER MILLER: So you'll start seeing a slide for both Rachael's area and Justin's TOWN OF FOUNTAIN HILLS Page 6 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 6 of 64 area that has two columns. The one says recommended, and then the other says -- for next fiscal year, and the other one says the year after. We were about $1.3, $1.4 million over on the requests versus what was available for funding. That's why it gets down to $16,000.00, because we were -- with the projects that we recommended for the following year -- not next year, but the following year; that's why it's the $16,000.00. But I wanted to present to you tonight a balanced Capital Improvement Program, so I didn't want to have it be over and then put you in a position of you having to cut or figure out where you're going to cut. By the way, as you're going through this, as always is the case, the Mayor and Council always have the ability to provide us direction on if you disagree with what my prioritization is or the staff's; you can certainly either eliminate these projects individually, or if you want to push them into outer years or make any other modifications, that is your opportunity to give us direction tonight on that. So that's something to keep in mind. COUNCILMEMBER MCMAHON: So is this -- are they in order of priority or are they -- they're just set up just randomly? MANAGER MILLER: The list was more random, and so -- COUNCILMEMBER MCMAHON: Okay. MANAGER MILLER: -- we kept the list the way it was. And then, when we were trying to balance, we ended up looking at where I thought the priority of the Council and if they had impact or if they were larger impact, try to do those next fiscal year and those that could be put off for a year, we did that. COUNCILMEMBER MCMAHON: Thank you. MANAGER MILLER: But there's no order. COUNCILMEMBER MCMAHON: Okay. Thank you. MAYOR DICKEY: Vice Mayor? VICE MAYOR FRIEDEL: I'm just wondering if any county, state, or federal grants or subsidies affect these numbers in any way, so that we might have more at the end versus less? DIRECTOR POCK: They certainly could. We don't have any, as far as that I know of, that are identified and applied for and received. But definitely, along the way, if we do TOWN OF FOUNTAIN HILLS Page 7 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 7 of 64 get a grant, it would affect our contribution -- the town's contribution. MANAGER MILLER: In fact, what David does, he has a contingency for the capital, but we also have contingency on our regular operating budget. And so if, for instance, the infrastructure bill that Congress passed, we're going to definitely go after opportunities there. And there may be some of these projects that we have, or there might be -- for instance, we've been setting aside money for the fountain in the lake, there may be some monies there that we go after. Or as an example, the Shea widening, we may go after that, so that maybe our portion that we would have to pay for for our match, by going after the federal money, we don't have a match then. And then that can drop out of the Prop 400 reauthorization. And then other -- I think a lot of what you're going to see is regional transportation projects may end up getting shuffled around a little bit with Maricopa Association of Government with the reauthorization of 400 by going after some of this federal money. So because the nice thing is, a lot of the federal money -- we're still learning about the infrastructure bill, but we are planning on bringing to you in April at the budget workshop -- on April 12th, more information about that infrastructure bill and what we might be able to apply for and how the eligibility for the projects will work. So we'll come back with an update to you next month. MAYOR DICKEY: And just to be clear, if we get grant money, that doesn't go against our budget limit, right? Like, so if we say we're going to pay -- we're going to use $7.4 million on projects, but we get some grant money, we don't get, like, penalized or whatever for that, right? DIRECTOR POCK: As far as the expenditure limitation, I do get to deduct grant money, and then as far as budget, we do have contingency in the grants fund as well -- special revenue fund, so. VICE MAYOR FRIEDEL: It would just allow us to do more, then? MAYOR DICKEY: Right. MANAGER MILLER: The only -- just for clarification, though, you still have -- like when you adopt your final budget -- or I should say your tentative budget, your preliminary budget -- that is setting your ceiling, though. But we always build in a contingency just in the event that we do get the grants. So good point that you brought up, Mayor. TOWN OF FOUNTAIN HILLS Page 8 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 8 of 64 DIRECTOR POCK: Absolutely. And then, any direction from Council tonight, like Grady said, will be included in the proposed budget that you'll see on April 12th. All right? MAYOR DICKEY: Thank you. Rachael -- Rachael's up. COUNCILMEMBER MAGAZINE: Here comes the big spender. [LAUGHTER] MAYOR DICKEY: Hey, she went down like $2 million here. DIRECTOR GOODWIN: Exactly. MAYOR DICKEY: Thank you. DIRECTOR GOODWIN: I'm just the opening act tonight. So Mayor and Council, thank you. Update, just as you know, we were just talking about grants, and I would like to note that, you know, staff is always looking for grant opportunities. We aren't always aware of them, or they do come up sometimes, you know, without a lot of notice. So we have made it a point to try to work within our budgets to capitalize on them when and how they -- when they come available. So we'll continue to do that to leverage those funds as far as we can. Thankfully, we've been successful with that in the past, and hopefully we can continue that trend. All right. First off, we are going to review, kind of, everything that we talked about at our retreat about a month ago. I do have some additional slides and some additional information based on some of the questions that came up, but feel free to stop and ask if you need anything or have additional questions. So first off is a review of where we're at right now on this year's projects. We're about three-quarters of the way through the year. We have a lot of things coming down to the finish line. Right now, starting at the top, we have our surveillance cameras, specifically for Golden Eagle Park. Those are on order; we are waiting for them. Not to any big surprise, a lot of things have been delayed, whether it's for parts and manufacturing or imports or things like that. The cameras are on order; we are just waiting on the parts. Four Peaks Park improvements is in progress. Kevin and his team over there have added gaming tables and corn hole. We've added some new shade structures over there, replacing some of the torn ones that were there and repurposing what was already existing. And we are also in the process of adding shade structures. We're in the process TOWN OF FOUNTAIN HILLS Page 9 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 9 of 64 of getting some cost estimates now to add one to two new ramadas over there. So all of that is in progress. The skate park lights and mini-pitch are officially done. That was a very exciting project for us, speaking of grants and donations and partnerships. The Fountain Park splash pad is also in progress. Unfortunately, we did have some delays on that. Thankfully, we did put our order in as soon as fiscally available, which is great. Unfortunately, we are a little behind, and we are looking at reopening probably no later than Memorial Day. We're hopeful that we can get a little bit ahead of that, but Memorial Day is our goal right now. The Sunridge Park, again, is in process. As everybody knows, that's been kind of a highly talked about park and what the process is there. Essentially, where we're at right now is we are working with a landscape design company to get a couple of renderings done so that we can identify where the priorities are and what the future park may look like and help our community understand that. Yes, sir? COUNCILMEMBER MAGAZINE: We discussed, as I recall, doing another survey. DIRECTOR GOODWIN: Correct. COUNCILMEMBER MAGAZINE: What's the status of that? DIRECTOR GOODWIN: We'd like to include the renderings with the survey. A lot of the feedback we had was, I don't know if I want a park there or not. What would it look like? We're trying to make sure that folks have a better understanding. So once we have those renderings, we'll be doing that secondary survey. COUNCILMEMBER MAGAZINE: Will it be multiple renderings showing options or how to -- whether or not to develop, how to develop, and so on? DIRECTOR GOODWIN: We will decide ways to -- probably on budget on what we can do. I'd like to ideally do -- I'd like to do at least two renderings of options, and then we can always scale back or do a phased approach. But we're working with a designer right now to get an idea of budget. COUNCILMEMBER MAGAZINE: If I could drill down just a little bit? DIRECTOR GOODWIN: Um-hum. COUNCILMEMBER MAGAZINE: One of the discussions was having just some pads TOWN OF FOUNTAIN HILLS Page 10 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 10 of 64 and so on. Is that one of the renderings? DIRECTOR GOODWIN: Absolutely. COUNCILMEMBER MAGAZINE: It is? DIRECTOR GOODWIN: Yes. MANAGER MILLER: Mayor, if I may, too, I just want to comment on this. So what we want to do is we want to show the two streets. We want to show Desert Canyon and Sunridge. And we want to show those two different views of the site, both with photography -- actual photography -- and then showing what the renderings would look like. Because we want to demonstrate that we're trying to keep as much of the natural look to it as possible. And I imagine we'll probably have, like, an inset or another, like a cutsheet that shows the actual improvements to the inside so that people have a better idea of, one, a view from the street, and then once you get to the park itself, what amenities would be there. But we're thinking walking paths, maybe picnic bench, ramadas, that kind of thing. But until people -- to Rachael's point -- until people actually have a good visual, it's the fear of the unknown. That's what came across in the survey that we heard from people and comments we've heard. So we think that that has to be part of the next questionnaire that we send out to people. So and we will be -- the HOA recently -- I think it was yesterday, the community manager reached out to me letting us know that they have a mailing that's going to be coming out in the near future. If we make it, we'll try to get into their mailing. If not, we'll try to do that as a direct mail ourself to all the people who live there. So I'm kind of leaning towards that because I don't want to rush this. I really want to get the right team on board and get the -- a lot of thought into what is going to be potentially designed there. And we want to make sure we have good feedback from residents before any decision is brought back to -- or any recommendations are brought back for Council decisions. COUNCILMEMBER MAGAZINE: I'm probably stating the obvious, but if there's more than one rendering and you have a choice between two renderings and no park, the results could be very confusing. DIRECTOR GOODWIN: That is very true, and that's -- that is one of the things we were trying to navigate with asking the questions of what would you like to see, what versions of this, you know -- again it's a, oh, I don't want anything, but if I would like, if anything TOWN OF FOUNTAIN HILLS Page 11 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 11 of 64 I'd like A versus B. We certainly -- again, sometimes too many choices are too many choices and it dilutes it. At the same time, we want to try to capture what the park could be for the community, what the community would like to see. In fact, we've even been talking about whether it's -- the nomenclature of a park is somewhat inaccurate in that it's not a park in that we -- how our current parks are. We know our parks to be very active and very lit and very amenity forward, where this is not that. So maybe it needs to have a different title on it. And so we've certainly been looking at it from all different perspectives. MANAGER MILLER: And just to let you know, this isn't the end of it. I believe if, after we do the preliminary and we get it out to people, and if people -- say the majority are now more interested, then what we'll do is we'll also have open houses with the public and try to just make sure that we're getting what they want here. You know, we're not trying to do a cram down or something the staff wants. We really want to get honest feedback from people. But right now, there's the fear of the unknown, and they think it's going to be a very active site, and it's going to bring undesirable types of things in their neighborhood. And that's -- we don't think that's going to happen, but we want to give them something that they can have some comments and provide feedback on. DIRECTOR GOODWIN: So the next project is Four Peaks Park parking lot. That is scheduled -- all of the parking lots over at Four Peaks Park are scheduled to be repaved later this spring; I believe in May is when it's been noted. The Avenue Linear Park event receptacles are out for bid right now as part of a larger project. Fountain Park playground is in process. We are actually really close to the finish line. It is really impressive, and we're looking to hopefully reopen next week. So we are on track for that project. And then the Desert Vista turf improvements started this fall. And as we move into spring, next month we'll be resuming irrigating and adding -- doing the top dressing and the next set of efforts over at the park. So that's where we are on all of our current projects. COUNCILMEMBER MCMAHON: I have a question, please. DIRECTOR GOODWIN: Yes? TOWN OF FOUNTAIN HILLS Page 12 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 12 of 64 COUNCILMEMBER MCMAHON: Yes, thank you. You said the Four Peaks parking lot? You have $65,000.00? That's just for the rendering? DIRECTOR GOODWIN: No, that's for the paving. COUNCILMEMBER MCMAHON: Okay. DIRECTOR GOODWIN: So we're working to get -- Four Peaks Park actually has four associated parking lots. COUNCILMEMBER MCMAHON: Um-hum. DIRECTOR GOODWIN: One of them, the one that's closest to the new playground area, is unpaved at this point in time. COUNCILMEMBER MCMAHON: Okay. DIRECTOR GOODWIN: We're working to get paving over there. But I believe we're going to be doing some paving and resurfacing at all four of the parking lots in that area between this fund and through public works, I believe. COUNCILMEMBER MCMAHON: Thank you. DIRECTOR GOODWIN: Is that right, Justin? DIRECTOR WELDY: (Indiscernible). DIRECTOR GOODWIN: Yes. Thank you. DIRECTOR WELDY: You're welcome. MAYOR DICKEY: Rachael, did we put out a ribbon cutting for the splash park? DIRECTOR GOODWIN: We have not yet. MAYOR DICKEY: Okay. DIRECTOR GOODWIN: That has been a moving target for us. We had -- originally were planning to do one, and actually had a date held in April. And then we got word from Maricopa County that our surfacing wasn't approved, so we had to kind of amend that and do some -- MAYOR DICKEY: Okay. DIRECTOR GOODWIN: -- last minute -- we had a last-minute curveball. MAYOR DICKEY: I thought I saw something. Thank you. DIRECTOR GOODWIN: We did. Once we have a better -- once we zero in just a little bit, we will have that and we will invite the community, as well as our Council and our Rotary partners, to be part of that. TOWN OF FOUNTAIN HILLS Page 13 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 13 of 64 MAYOR DICKEY: Thank you. DIRECTOR GOODWIN: Any other questions on where we are today? All right. Otherwise, we'll start jumping into new projects. To start us off is the Golden Eagle -- we're going park by park. So I know there was a question about priority order. The way we started looking at this is park by park. At the end, there is a total listing of all of the projects, and we can talk about priorities based on staff perspective, if that's something you want to look at. But right now, these are all presented just on a park-by-park-basis. First up is Golden Eagle Park. The ball field shade structures -- this is a completion of an effort that we started when we did the renovations. We're looking to add the final set of shade canopies that were started in 2018 to finish off the fields 2 and 4 and then add additional shade structures up on field 1, which don't have any currently. Again, this has been a really nice amenity for all of the different events that we've hosted out there because shade is obviously a high priority. Golden Eagle Sports Field lighting. This one was a big topic of conversation. I have lots of information tonight. So the biggest thing is that this number came down drastically, which is great. That was an exciting thing. And then I said, then why did we have the wrong number? Because that's the next obvious question. What we realized was that originally when we were researching this project, we were looking at updating both Golden Eagle and Four Peaks, because they both were installed around the same time. They're both beyond their useful life. And so that number encompassed both projects. But ultimately, staff is not supporting moving forward with Four Peaks at this time. Golden Eagle really is the priority based on usage. It gets tenfold usage over there, so it really needs to be the focus financially. So when we looked at it and pulled out just the Golden Eagle portion, we are looking at a $1.4 million project. Here you can kind of see the illustration of what we have. What we have right now is the lights on your right -- the real bright ones. What we're looking to move to is the LED, which is the ones I highlighted on the left there. So you can kind of see the visual difference. These are similar to what we put in over at Desert Vista, so these are what -- this is a picture of the Desert Vista skate park. So you can kind of see that the amenity is lit, and then the lighting drops off drastically so there's not a lot of TOWN OF FOUNTAIN HILLS Page 14 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 14 of 64 spill. Yes? VICE MAYOR FRIEDEL: What's the life expectancy of these lights? DIRECTOR GOODWIN: They have a 25-year warranty. We'll get to a little more detail on that. I wanted everyone to get a visual, because one of the biggest complaints we do get from Golden Eagle is, because it does have a lot of residents around it, that, you know, the lights produce glare and they're over -- they're also not supportive of our Dark Skies designation. And we're moving towards LED with all of our lighting in town. And our sports field lighting really are our last, sort of, effort. But one of the biggest questions is, well, that's great, but why do we need new lights? So just for some reference, our current lights are original to the park, which was '98/'99, so we're pushing 25 years on those. And they originally had a 10-year warranty. So we are well past that window. There is currently no active warranty on anything at the -- on any of the lightings, whether it's the fixtures, the poles, the hardware. So if something does go down, there is no warranty currently covering it. What that means is that when we do have outages, which we do and we've consistently had them over the last 3 years, you know, each year over a year, we're spending more and more on that maintenance on those lights. So right now, the offer that we have with Musco does include a 25-full-year- warranty using the existing poles, which is really -- it doesn't seem like a big deal, but understanding that we have dozens and dozens of poles out there that are original to the park and they're willing to use those and warranty them is a big, big bonus. So a standard warranty in this situation would be 10 years, so that's a really big bonus for us. Again, we have neighborhood complaints, and we are making the effort to move to LED throughout the town. So then the question became, that's great, but why do we need them now? Is now the right time? And as I mentioned, we've had several severe shortages that have caused extensive damage to underground wiring. We had two major failures. Long and short, that causes down time. That means we don't have lights on the fields, and it means that they can't be used. And we've had to cancel -- at that -- when we had these two go down, we had to cancel two weeks' worth of tournaments. Actually, I think it was a three-week window, but we didn't have -- we had one week off, which was a $5,000.00 revenue loss. TOWN OF FOUNTAIN HILLS Page 15 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 15 of 64 That was a big deal for us trying to maintain the reputation we have as a tournament-level facility. Not only that, but it is a safety issue. There's high concerns when we're working with the energy and electric out there with the aging wiring and the deteriorating conduit and insulation. As you know, we've had several different floods out there of different calibers. They're all sort of exasperating -- exacerbating this condition. And I will say, we have firsthand issues. When staff has gone out there to address them, we did have several safety concerns, including energy arcs that was very concerning. We've -- long and short of it is that we also have difficulty and expenses for the parts because these are older technology. They're 25 years old. It's harder to source the lights. We know right now, as of today, we know we have probably $20,000.00 worth of lights out on the poles right now. That's just the lights that we know that are out. That's not anything that we're unaware of at this point. So again, it's not unlike a lot of our other aging infrastructure. Our playgrounds, our splash pad, when they reach their useful life, waiting for them to fail is not a good plan. Getting ahead of it and starting it and having those replacements planned is a much better fiscal way to plan, and it's a much better way to manage the usage of the space. I'd rather be able to close the space down and say, hey, we're doing this renovation and manage that, versus uh-oh, everything is out, I got to cancel six weeks, or six months, or who knows how long of reservations. COUNCILMEMBER MCMAHON: Thank you. I have a question. You changed the amount, and it's a pretty big difference. DIRECTOR GOODWIN: Um-hum. COUNCILMEMBER MCMAHON: So given what you said and the disrepair that the lights are in, is this a sufficient amount? I mean, are -- I guess, in general, my question is are these -- I'm not meaning to insult anybody -- are these really good estimates that you're not going to have to come back and revisit and re-ask and re-ask? DIRECTOR GOODWIN: Very -- very fair question. COUNCILMEMBER MCMAHON: And given all the problems? And you mentioned they're reusing or using the poles, et cetera. So I guess my question is, for this particular project, is this a sufficient amount of money do you think for that to happen? DIRECTOR GOODWIN: Yes. Very fair question. And what -- the beauty of this is that because we did have an error, it did make us go back and sort of fine-tooth comb what it TOWN OF FOUNTAIN HILLS Page 16 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 16 of 64 is -- what do we really need, what am I really looking at. And we were able to contact Musco and double-check. Hey, make sure that we're on the same page here so that when we're only talking about one park, we're not talking about two parks now. And so we were able to go back and double-check everything, and we do feel this number is sufficient. This number does include -- again, when we did -- when we -- if the project is approved, we're going to need to be doing sub rewiring, which is subgrade. We don't know what we will find down there. We do have some budget built in so that we can hopefully address any issues without coming back for more funding. Obviously, the unknown is the unknown, but we do feel this number should get us where we need to be for the four ball fields at Golden Eagle. One of the other questions that came up was, you know, is it worth it? Is it -- you know, is this a good investment? And that's what this slide kind of indicates for you. The top bar indicates -- has three colors. It's the energy cost, so what does it cost to turn on the lights? What are we going to pay for our energy? The maintenance costs and the controls that we use to schedule the lights. If we leave the lights -- if we use what we have right now over the next 25 years this is what we can expect to pay in each of those areas. Moving to the LED over the cost of 25 years, the expected energy costs are roughly $678,000. So the return on investment is quite steep over that 25-year warranty window. MAYOR DICKEY: Councilman? COUNCILMEMBER MAGAZINE: Rachael, I'm willing to give it more thought, but -- DIRECTOR GOODWIN: Okay. COUNCILMEMBER MAGAZINE: -- I think you said it's costing us about $25,000 a year to maintain them now; is that correct? DIRECTOR GOODWIN: That was last year's number. I mean, at this point, I know I have $20,000 worth of lights out from the get-go. COUNCILMEMBER MAGAZINE: Let's assume, for the sake of discussion, it's not $25,000 a year, its $40,000 a year. According to your numbers, that would mean it would be 35 years payout. If we paid $40,000 a year, we wouldn't get to $1.4 million for 35 years, if my math is correct. I'm still having a little trouble with it. DIRECTOR GOODWIN: I don't think it's reasonable to assume that we'd only have TOWN OF FOUNTAIN HILLS Page 17 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 17 of 64 $40,000 worth of expenses for 35 years. It's exponentially going up year over year. The reasonable number -- considering we've been talking about this since 2016, we've known that this is coming down the pike. And frankly, the safety concerns far outweighs, in my mind, what the value of just the maintenance side of it is. Knowing that we've had energy arcs on site out there after a flood. MAYOR DICKEY: My guess is 35 years -- sorry -- they probably wouldn't exist. I mean, you know. DIRECTOR GOODWIN: Yeah, I think there is -- MAYOR DICKEY: It wouldn't be a matter of just probably repairing, you know, in the way you're saying, plus this energy savings is huge. COUNCILMEMBER MAGAZINE: It just seems to me that we can look at everything in town in a worse case assumption. And I think what we're describing is a worse case assumption. And so I'm just still troubled by it. MAYOR DICKEY: Grady? MANAGER MILLER: Yes. Good discussion and good point that you're bringing up. But I do think, the one thing you have to consider when you're looking at assets -- whether it be a building, a roof, vehicles -- they have useful lives. And we are already at the useful life of this. So I think kudos to the staff trying to plan ahead, trying to ensure that we don't have failures worse than what we've had already. The energy savings alone are going to be big, and they're only going to get bigger over time. I also know that the maintenance -- you could just have a total failure -- the other thing we've been having Rachael mentioned shortages. What I think she's talking about is electrical shorts. DIRECTOR GOODWIN: Um-hum. MANAGER MILLER: And so these are safety issues. They're also concerns where the electrical itself would be very expensive just to go back in and get that replaced. So this is all being wrapped up into one bigger project here. So I do think you're bringing up good points, and maybe our math or our methodology doesn't seem like it's getting across, but I still think in the end, we have a useful asset that has a life that is at its end. And so yes, could we go further? Probably we could. But in the end, these types of things with cost escalations are only going to get more expensive. So it's like, do you want to sleep on the money in your mattress? I hate to use that. Or do you want to make TOWN OF FOUNTAIN HILLS Page 18 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 18 of 64 use of that and try to buy in today's costs versus future value, which is going to cost more? So good analysis, and maybe the analysis wasn't quite up to speed for your point, because you're the one that really asked good questions last month on this. And so if we failed to do that, I apologize, but I do think, again, when it comes down to it, we're at the useful life right now of these units. MAYOR DICKEY: Councilman? VICE MAYOR FRIEDEL: Can you -- in the next 25 years, do you anticipate we'll make more money from these fields? DIRECTOR GOODWIN: I would say the more we can make smart and wise upgrades when and where appropriate -- I wouldn't necessarily want to go out and recreate the wheel tomorrow -- but the more we can do that, yeah. It's a -- the operational costs come down, the more we can utilize it for -- you know, again, it minimizes down time. It's a cost savings as well as a revenue generating. So it kind of doubles down on that because there's no down time, we have useable -- we have a useable amenity that we can trust and rely on. We also -- again, this seems minor, but when you're out there as a user and you -- you know, your lights are scheduled till 9 o'clock, and you're in the -- you're last inning of the game and the lights go out, they aren't coming back on. We aren't able to just flip the switch and turn them back on. It's a 20- to 30-minute window to turn lights back on. It's just the older technology. We've all been in those gyms where you turn on the lights and they buzz and it takes a while to warm up. [LAUGHTER] DIRECTOR GOODWIN: These don't do that. These are on and off instantly. So again, it provides a better experience and a better overall quality. COUNCILMEMBER MAGAZINE: Rachael, you missed your calling. You should have been a prosecutor. [LAUGHTER] VICE MAYOR FRIEDEL: So when you have a better product, it attracts more clients -- DIRECTOR GOODWIN: Absolutely. VICE MAYOR FRIEDEL: -- is what. DIRECTOR GOODWIN: 100 percent. MAYOR DICKEY: Go ahead, Councilman. TOWN OF FOUNTAIN HILLS Page 19 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 19 of 64 COUNCILMEMBER SCHARNOW: You know, I think, too -- and Grady said what I was going to say at the end there as far as the cost escalations that always happen. I mean, yeah, Alan, it would probably be easier to oh, let's put this off five ye ars and save up a little bit or whatever and then do it. But it's just going to cost more at that time, and streets are obviously a big issue in town. And, you know, we could easily say, too, oh, let's let them slide a couple more years because they're still going to be drivable. But I mean, they have a useful life too, and it's just -- you know, it's just time to do it, I think so. DIRECTOR GOODWIN: Well, and you'll see -- and I'm jumping ahead just a little bit here, but as you'll see at the end, we are recommending breaking this over two years so that we do funding -- half the funding through this upcoming fiscal and then funding the second half through the second fiscal year. So breaking it over two windows and doing the whole project across basically this next summer for lack of a better way. So that way, it would give us time to plan for it, it would give us time for budget for it, order parts, make sure we have everything, and then work with our vendors and our user groups so that we have a strategic plan going into the summer for that close-down effort. Any other questions I can answer? COUNCILMEMBER GRZYBOWSKI: Actually, I'm not the math genius in the room here, so let's just get that out there. I did some quick calculations, and if you add the $1.2 million, the $1.2 million, and the $183,000 there and divide it by 25 years, you get $105,910. If you take the $678,194 and divide that by 25 years, you get $27,127. So if you look at it by year, it is a significant difference, assuming those numbers are as accurate as we can get. DIRECTOR GOODWIN: Again -- yeah. COUNCILMEMBER GRZYBOWSKI: What are you looking at? COUNCILMEMBER SPELICH: I don't know what she said, but -- MAYOR DICKEY: It makes sense to somebody. COUNCILMEMBER SPELICH: Boo-hoo. You had me, but you lost me. I just want to say that I'm for the project, and I think in the not-too-distant future, there's going to be a time when you and Kevin try to get these lights fixed and there's no parts for them. And instead of 20 lights out, you're going to have 30 lights out. You're going to be going all TOWN OF FOUNTAIN HILLS Page 20 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 20 of 64 over trying to find -- it's, you know, to me it's a no-brainer, but I think now's the time. I concur with Councilman Scharnow. It's only going to go up in price and we got to do it at some point, so why not now? DIRECTOR GOODWIN: All right. Moving to Fountain Park. As you know, we're finishing a playground. This is the rendering of the playground. Again, hopefully it's open next week. All things go right. The community -- we've had a lot of community request for lighting the playground. Again, it's about usability, especially summer evenings when after the sun goes down, and then winter, because the sun goes down so early being able to use it dinner time and things like that. So if we'd like to do that, to increase the usable time for the playground, we're looking at $170,000 to add lighting under the shaded structures there. It's about a lot of lights this year. MANAGER MILLER: Well, it looks like a bargain compared to the previous presentation. DIRECTOR GOODWIN: Exactly. MAYOR DICKEY: How much is that per year? [LAUGHTER] [CROSS-TALKING] DIRECTOR GOODWIN: Also at Fountain Park, again, we're looking at -- we're looking at the shade structure here. This one is not as high, but it is a safety priority for us, as all things always are. The poles at the playground were installed roughly 20 years ago. They were put in in the early 2000s. We're noticing some leaning that you can kind of see there in that picture. We have two ways we can fix the problem. We're hoping for the lesser way, which is roughly $12,000 to shore that up. But we won't know until we try. Once -- and then if we aren't able to do that, we would need the difference of up to $41,000 to correct that issue. Again, this is all about a safety issue and making sure that we don't have any liabilities out there. Any questions on that one? All right. Park sidewalk repair. This is a general park request, but this is focused on Fountain Park as the primary starting point. This is a 4-year effort. Each year would be funded at $100,000 annually for over those four years to do sidewalk repair and replacement. So we have a lot of mileage in terms of sidewalk around our parks. Not just Fountain Park, although Fountain Park does have a lot. We have new walking loops TOWN OF FOUNTAIN HILLS Page 21 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 21 of 64 at Desert Vista, as well as Four Peaks and Golden Eagle. And we have damage done. We have graffiti. We have just natural lifting and things like that from roots and other things, so trip hazards are something we have to be aware of, and again, we're liable to make sure that those are corrected. So we would -- the ask is to fund a sidewalk replacement and repair program so that we can make those repairs when and as needed. Any questions? Okay. MAYOR DICKEY: So Rachael sent everybody the link to our retreat earlier, so if all watched then we all saw this. And I wanted to take the opportunity to mention that to the public, too, that if it seems like we're not asking a lot of questions, it's because we really did a lot of this during the retreat. And if you want to take a look at that video, you can see a lot of the questions that we did have and that staff has responded. DIRECTOR GOODWIN: Yes. Thank you. I appreciate that because some of this is definitely a review. Yes. Our other project -- the other project that we talked quite a bit about was the Centennial Pavilion shade structure. This is the shade structure that's proposed for Centennial Circle, which is adjacent to our library and our Community Center and our community garden. We've had a chance to talk to a number of our community partners, both whether it's the Dark Skies and the Art Committee, the Library, Museum, and of course, our Community Center users. An outdoor shaded space has been a topic of conversation over the last couple of years because of our COVID situation and not having a gathering place outdoors. And so Centennial Circle really came into focus for staff as an ideal place to do that. Again, it would provide not only a place for programming and activities, but for potential revenue rentals, such as weddings, dinners, performances, and other things like that. I know we talked a lot about this one. Did we have any questions on that? COUNCILMEMBER SCHARNOW: The design, I know you didn't want a pole in the middle. I'm just going back to the last side where I assume in Fountain Park those poles were put in straight originally and approved by us, and obviously, wind or whatever has changed a couple of poles over there in Fountain Park. So I'm just wondering long-term as far as what kind of warranty or guaranty we have. It just seems this is going to be a lot more susceptible to wind damage and so forth given this design, but. DIRECTOR GOODWIN: Very valid question. Actually, so there's a couple of answers TOWN OF FOUNTAIN HILLS Page 22 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 22 of 64 to your question. The difference with the Fountain Park project is that it actually wasn't installed correctly. We found that it was not installed correctly. And again, we did some research to try to find if we could have, you know, them come back out, redo it, if there was any type of recourse there. Unfortunately, because it was 20 years ago, I'm not even sure that we were able to confirm that that company was still in business as it was then through the same ownership. So we do have some different issues at stake here. We do have -- this would be the same company that we worked with to do the large shade canopy installation over at Four Peaks over the playground over there. So we do have some comfort level working with the Shade 'n Net Company. They've done a great job and do warranty their work. The design of this one is actually different than the design of what we've traditionally seen. You can see that it's two layers and that is designed, actually, to let the air move better through those and put less tension. That is why the center post isn't as necessary. It also creates a cooler situation, where the warmer air gets trapped in between the two. I am not a thermodynamic engineer by any means, but that's what I've been told. And that's what it's set -- it's set up to do that, and it does allow that. One of the other pieces that is an advantage to this is you can see that it's a number of different sails so that if we did have some sort of damage, whether it's wind or, you know, monsoons or other type of vandalism, it's a one-panel replacement versus replacing the entire structure. I mean, again, that was strategic to try to minimize any type of long-term impacts. SNIPES: Hey, Rachael? DIRECTOR GOODWIN: Yes. SNIPES: The other big thing is -- is all the ones at Fountain Park are cable oriented. This one is steel frame structure, not cable. So it's got frames that go all the way up to the center, and so the posts aren't the only thing that's holding the weight the way that they are at Fountain Park. DIRECTOR GOODWIN: Fantastic. SNIPES: This one has a breakthrough (indiscernible). MAYOR DICKEY: Vice Mayor? VICE MAYOR FRIEDEL: Your key supporters you mentioned, does that translate into any dollars toward the project? TOWN OF FOUNTAIN HILLS Page 23 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 23 of 64 [LAUGHTER] DIRECTOR GOODWIN: Good question. I think, at this time, we didn't ask for any type of financial support. We asked for, you know, is this something that you guys could see using? Do you see this as being problematic or do you find this to be an asset? And everyone was very positive. My -- if the project is approved and said, hey, this is something that Council has given the authority to move forward with, we can certainly reach back out to see if there's any financial contributions available. COUNCILMEMBER MAGAZINE: Rachael, I know we can't legally do advisory referenda, correct? DIRECTOR GOODWIN: I don't know. I'd have to ask Aaron. MANAGER MILLER: I believe Aaron is actually on. TOWN ATTORNEY ARNSON: Mayor. Council, that's correct. COUNCILMEMBER MAGAZINE: Thank you. Just wanted it on the record. MAYOR DICKEY: Hi, Aaron. ATTORNEY ARNSON: You're welcome. COUNCILMEMBER MAGAZINE: If we could do advisory referendum, I'm guessing that we could get a long list of projects that would be nice to do and nice to have for the community. To me, even though we've got support from Dark Skies, the Art Committee, the Library, if we put a bunch of other projects in front of them, they might say yes, too. I will give it more thought, but as of right now, I'm not on board yet. DIRECTOR GOODWIN: Fair enough. And I do -- I think this is -- this is one of the projects that -- so a lot of these are about maintenance. A lot of these are about long term -- hey, it's time to replace something, it's time to up -- this project is about what we would like to see this campus become. Being that we have made strides to create a gathering space here on campus, we've -- you know, we're working towards new facilities, you know, such as the Dark Sky facility. We have the new walking path that eventually will connect down to Verde River. Again, these are kind of anticipating what's coming and creating the community space that will cohesively join it. Again, this is -- this is a forward-thinking project. You're right. It is a nice to have; however, I do believe that it would be a very well used and very nice addition to our community. COUNCILMEMBER MAGAZINE: Just a footnote to this, if the International Dark Sky TOWN OF FOUNTAIN HILLS Page 24 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 24 of 64 Center is built, it's going to have some beautiful areas for gathering -- large, beautiful areas. I don't know how long that will take, but at some point, we will have that. DIRECTOR GOODWIN: Right. And they will -- unfortunately, I don't believe they'll be for public use. COUNCILMEMBER MAGAZINE: Not decided yet. DIRECTOR GOODWIN: Fair enough. COUNCILMEMBER MAGAZINE: But unlikely. DIRECTOR GOODWIN: Fair enough. And we did meet -- we met with a number of board members there, too, to understand that we don't want to impact the views and how that space will be used. And that was really one of the critical lynchpins in whether this project had any longevity. And once we met with them and they felt like yes, this is a good use of the space and it -- it melds well with what they see the vision being, it worked well. COUNCILMEMBER MAGAZINE: I'm curious. Who's them? DIRECTOR GOODWIN: We met with both Joe and Nancy Bill, as well as Vicky Derksen. COUNCILMEMBER MAGAZINE: And not the other eight members? It's okay. It's all right. DIRECTOR GOODWIN: I can't answer that one. I put the ask out there, and we were able to meet with those three to come and see the facility. COUNCILMEMBER GRZYBOWSKI: Just to make clear, you see this space as an extension of the community center, which means it might be another opportunity for a revenue generator, correct? DIRECTOR GOODWIN: Absolutely. Again, the community center is very well used. We have a lot of demand on the space there. This would hopefully allow some relief there to be able to use it for large groups. Again, we've -- we've sort of brainstormed what it could be. We have the Munch & Music programs; we have the different entertainment groups. I know Kim (ph.) is chomping at the bit to use it for the Christmas program. So we have a lot of -- of vision for what it can be used for. So yes, it would absolutely act as an extension there. MAYOR DICKEY: I have one question about the -- the 5 C's and the memorials that are TOWN OF FOUNTAIN HILLS Page 25 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 25 of 64 around. Are they within or without it? DIRECTOR GOODWIN: They're -- they're exterior, so they are outside of the covered space. MAYOR DICKEY: Okay. DIRECTOR GOODWIN: Right now, nothing would need to be removed in order to accommodate this, other than the center statue. MAYOR DICKEY: Thanks. DIRECTOR GOODWIN: And we would be working on some other -- the 5 C's are a little sun faded. They have a little -- some changes that need to be made, but we would still want to honor what the Centennial Circle represents. And yes, they do not need to be moved as part of this project, unless it's part of what we want to see overall. SPELICH: Thank you, Madam Mayor. One of my fellow councilmembers just asked me what happened to me being a fiscal conservative. I'm -- I'm really -- I'm torn. Can we do a single layer? DIRECTOR GOODWIN: It probably won't function. It won't have the support that it needs to have -- not have the center post. SPELICH: So there's no cheaper version that we can go with that would make you happy? I mean, I know -- I know your name in town is Go Big or Go Home, but I'm just -- I don't know. I mean, it seems really ornate and I -- I -- I'm just having a hard time with that amount of money. I -- I got to be honest with you. Normally, I go along with you. DIRECTOR GOODWIN: Um-hum. Well, and again, the way -- the way we're kind of putting this out there is we originally had talked about, you know, multiple versions of what the Community Center could extend and become. This seems like a better service to our community, a better way to let users have better full access. Again, this is a vision as to where we would like to see the town go. The $375 is a reasonable top end. It's possible that we can come in under that. COUNCILMEMBER SPELICH: You never do. DIRECTOR GOODWIN: I'm not going to promise anything. COUNCILMEMBER SPELICH: You never do. DIRECTOR GOODWIN: But I generally don't come back for more, either. This is a TOWN OF FOUNTAIN HILLS Page 26 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 26 of 64 reasonable number for a shade structure that's 80 feet in diameter and made to cover that circle. COUNCILMEMBER SPELICH: Oh, boy. All right. Let me think on it. DIRECTOR GOODWIN: Okay. Fair enough. MAYOR DICKEY: Councilman? COUNCILMEMBER SCHARNOW: Yeah, I mean, I'm -- I'm surprisingly somewhat torn as well. I mean, on the one hand, that space out there I think is definitely underutilized and just kind of out there. And it looks nice, and people walk around and look at the statutes and that kind of thing. So it would be nice to have more events out there in extension of the Community Center, so I can totally see that side. And I know a couple of months ago -- and you and I talked privately when you were first pitching this, you know, I mentioned the amphitheater at Fountain Park. Like, well, maybe we should do something over there as well. I mean, to me, you know, some Council back in the day spent a fair amount of money to put that in amphitheater, and now that seems to be underutilized, too. All the -- all the events and such are sliding down toward right across from the Avenue there on the great lawn, or whatever you want to call it. So, you know, it is kind of a crap shoot in terms of how much this will enhance that area in terms of usage. I mean, I -- I could see how it would, but, you know, it is a lot of money. I agree with Councilman Spelich on that. But -- so we'll just leave it at that. I probably -- if it does come to a vote in the future, I'd be for it, but it is an unknown, I think, to some degree. COUNCILMEMBER MAGAZINE: Will it be air conditioned? DIRECTOR GOODWIN: Natural shaded air conditioning. You're right. It is an unused space, and that is why that was kind of the attractive conversation to say, how do we make this space useable? This is town-owned property. How do we make it more -- it is home to a lot of our art pieces. We want to encourage that in use of the space. It's just really hot. I mean, we have benches that are there that, you know, aren't shaded. Again, it's -- it's just an underused, and this is the vision to how -- how we can activate this space better. COUNCILMEMBER SPELICH: Thank you. So what would you charge? So if you want a wedding there or you want a whatever there, how would we figure out? Because TOWN OF FOUNTAIN HILLS Page 27 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 27 of 64 we don't have one there now. DIRECTOR GOODWIN: Correct. COUNCILMEMBER SPELICH: So what would be the charge or what would be the fee that we would get? Have you thought about that? DIRECTOR GOODWIN: We started toying with that -- what that would look like and how and when that would -- you know, if it's connective it needs to be connected with a Community Center rental so that -- that they have access to restrooms and other -- other amenities. Would it -- would we have it as a stand-alone reservation so we don't need to have staff at the Community Center? There's a couple of things we'd need to work through to figure out how that would work. I mean, we can model it after a number of the -- you know, what the cost of renting the amphitheater would be. We can model it after some of our other rentals. Or again, it would be cost value. What -- you know, what does it cost for us to set up the space, to have the space available, cleaned, maintained, ready to go, that type of thing. COUNCILMEMBER SPELICH: I guess if you could tell me -- if you could come back and say, all right, you know, we put pen to paper and we think that we could get X amount of dollars for a rental, maybe I could buy it a little bit better. But I -- DIRECTOR GOODWIN: We can certainly look into it. COUNCILMEMBER SPELICH: -- think that there's too much of an unknown. So if you came back to the Council and you said, if you want to have a wedding or a quinceañera, or anything, we're going to -- it's going to be $400, or whatever -- DIRECTOR GOODWIN: Um-hum. COUNCILMEMBER SPELICH: -- I think then you actually have a number that you can put with the project which then maybe -- I don't know, I think the residents would lose their mind. I mean, they already do on other stuff we do. But I mean, this is -- this is just a large number, and if -- and if we could just find a way that it would pay -- of course, it's not going to pay for itself. We can't charge $10 grand for it, but I mean, if there was a way that you could say, okay, this is what we decided. You met with your staff, and your staff thinks that this is what a rental fee would be, maybe it would be more palatable. DIRECTOR GOODWIN: Yeah. COUNCILMEMBER SPELICH: I don't know. TOWN OF FOUNTAIN HILLS Page 28 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 28 of 64 DIRECTOR GOODWIN: Just for -- just for conversation's sake, to rent the Centennial Circle -- not Centennial Circle -- the amphitheater, which, again, is a similar size and scope and layout, is $400 for a half day. So to give you a starting point of probably where we would start considering it. COUNCILMEMBER SPELICH: I'd be alright with $400. I mean that's -- I mean, it's something -- DIRECTOR GOODWIN: Um-hum. COUNCILMEMBER SPELICH: -- that offsets this. DIRECTOR GOODWIN: Um-hum. MANAGER MILLER: To the councilmember's point, when we come back April 12th, we'll have those numbers run for you, and we'll have -- because we'll have to actually put together in our annual fee schedule that you have to adopt as part of the budget process -- we'll have to include that because it's the only time that we typically do through the budget process. So good discussion, good point that you brought up. I will say that I don't think you're going to see the return on investment, though. COUNCILMEMBER SPELICH: Oh, no doubt. MANAGER MILLER: But it will help with people understand that it's offset or partially offset by what we charge for fees to use it. I think people will be a little more accepting. MAYOR DICKEY: Just in general too, on all of these items, what do you want to see, Grady? If you see some sort of hesitation like this, what's going to be our opportunity, like, on the 15th or when we -- you know, when we're doing the budgets -- MANAGER MILLER: Sure. MAYOR DICKEY: -- to you know, (indiscernible) on some of this. MANAGER MILLER: Well, tonight and actually on April 12th -- so tonight if there's something absolutely that you're against, we can kind of read body language, and we can also kind of hear with the comments that a majority won't like something. And if it's very obvious, we can just remove it from the capital that is presented to you. But I would tell you you have the opportunity to just give us direction tonight and on April 12th. April 12th will be your absolute last opportunity because otherwise it will be in the tentative budget for your consideration. And at the tentative budget, you still have one more option to nick something that's in it. TOWN OF FOUNTAIN HILLS Page 29 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 29 of 64 MAYOR DICKEY: Yeah. DIRECTOR GOODWIN: All right. Moving to Four Peaks, the Four Peaks playground. Similar to what we talked about at the Fountain Park playground, it does have one existing light there that remains from our basketball court when it was formally the basketball court. That's metal-halide. We are suggesting moving to LED lights for -- to light both this playground you see in front of you as well as the two-to-five-year-old playground that's adjacent. So adding lights again to the playground to increase the usability. Told you lot of lights this time. Also in Four Peaks, we have the final year of the Four Peaks park improvement plan. It's the final 100,000 to finish out landscaping, irrigation, and some other odds and ends. We'll call it the non-exciting -- the boring elements that we have to finish up. We did a lot of the exciting stuff on the front end with our new playgrounds and our new shade structures and pickle ball courts and things like that. So this is the year to wrap up everything and kind of finalize the last of the improvements. And the final park is Desert Vista Park. So we have a number of different visions for this park. Again, now that Four Peaks is wrapping up, our focus becomes Desert Vista. So you have -- this slide actually covers two different expenditures. One is 65,000, which is the second year of the turf improvement plan. When we originally brought that plan to you, it was a two-year effort. So next year would be the second half of that effort to continue the weed abatement and the leveling of the soccer fields. The next ask is a two- year, $200,000 each year over two years. So similar to how we did Four Peaks, breaking it out into two different years to begin improvements throughout Desert Vista, including the addition of ramadas, the completion of some lighting, as well as the addition of some fitness equipment. COUNCILMEMBER SPELICH: Thank you, Madam Mayor. Rachael, when do you and Kevin believe -- I've been talking for two years now at least about how I believe that that field should be utilized for soccer tournaments. I think a huge draw. I mean, you only need to go to Mesa or Tempe and see every weekend their soccer fields are jam-packed -- with people. When do you guy foresee this, the money that we're putting in that we're going to see a return on our investment, and we're actually going to be able to rent these for soccer tournaments? TOWN OF FOUNTAIN HILLS Page 30 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 30 of 64 DIRECTOR GOODWIN: I would anticipate this fall, but I'm going to defer to Kevin. So as you heard me say, this year we're getting ready to start doing the top dressing and the irrigation returns probably next month. So we'll start to green up. We'll do the top dressing and finish out the spring weed abatements. And then this fall we'll do the secondary effort there. And it should be -- you'll see drastic improvement by this fall. I mean, we've already seen a significant -- [CROSS TALK] COUNCILMEMBER SPELICH: It's already drastically improved. DIRECTOR GOODWIN: Yeah. COUNCILMEMBER SPELICH: Well, let's start marketing that. If you and Kevin both really believe that that's a firm date -- DIRECTOR GOODWIN: Uh-huh. COUNCILMEMBER SPELICH: -- and everything, let's start marketing that and getting that out there, because, like I said, I'm amazed how many people play soccer. To me it's too tiring. DIRECTOR GOODWIN: Yes. COUNCILMEMBER SPELICH: It's too much running. DIRECTOR GOODWIN: And I -- COUNCILMEMBER SPELICH: Way too much effort. Golf is the way to go. But with a cart, of course. But seriously, hats off to you guys. It really looks so much better. When we started talking about that, some people were like you're crazy. No one's going to come out there. But I really do think that your guys are headed in a great direction, and I'd really like to see that utilized. DIRECTOR GOODWIN: Yeah. COUNCILMEMBER SPELICH: We've already seen a drastic improvement -- DIRECTOR GOODWIN: We have. SNIPES: -- in usage over there this year from last year, even. DIRECTOR GOODWIN: Uh-huh. SNIPES: So we're seeing that already. DIRECTOR GOODWIN: Yeah. I would say the -- it's a combined effort. That not only is the turf already making big strides, but we've made other improvements, whether it's TOWN OF FOUNTAIN HILLS Page 31 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 31 of 64 the lights at the skate park, whether it's the Mini Pitch. The visibility of that park has really upticked and drawn more attention overall. So that's really encouraged that usage too. COUNCILMEMBER SPELICH: Oh, that reminds me. When I'd met with both of you out there, and we talked about the quality of the park and everything, there was an issue with people maybe having a few man y cocktails or just generally trying out their new four-wheel drives -- DIRECTOR GOODWIN: Yeah. COUNCILMEMBER SPELICH: -- ruining the turf and everything. So one of the solutions was the rocks that we talked about along. So I would like to see something budgeted, if you guys don't have that budgeted, but some way to protect that park against vandalism of actually vehicles going across that. Because I think we were out there just after someone did that, and they tore that up tremendously. DIRECTOR GOODWIN: Yeah. COUNCILMEMBER SPELICH: So we talked about huge boulders and stanchions or whatever, so I'd really like to see you guys come up with a solution, because if we're going to dump this much money into it only to have somebody on a Saturday or Sunday think that's a great place to four-wheel, I think we should guard against that. DIRECTOR GOODWIN: Absolutely. You read our mind because we were actually talking about that today as we get ready to resume irrigating and green the park up. The damages, it's much more susceptible at that point. So agreed. Any questions about the Desert Vista improvements that we're looking at? The last part of the Desert Vista is the skate park. And I know we talked about this at length. Essentially, we'd like to look at -- the skate park needs to be re-done. You can kind of see it's done -- it's had a great, useful life, but it's starting to show its wear and tear. We have a number of cracks. We have a number of concrete repairs that are pretty extensive. You can kind of see some of the painting and some of the repairs, but it's definitely well-used, and it's ready for some maintenance. But you can also see it was originally intended to be a phased skate park. This is Phase 1, but we never finished Phase 2. We'd like to use develop fees to begin that secondary phase and add some remodel to begin to meet the standards of today and to increase the usability for multiple TOWN OF FOUNTAIN HILLS Page 32 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 32 of 64 devices. So not just a skate park, but available for scooters, bikes, in-line, and things like that. So we would look to add a couple of new amenities to the park as part of that expansion. MANAGER MILLER: And I just want to clarify. So under the state law, develop fees can't be used for repairs. It can only be used for expansion or new infrastructure. So that's what we really are doing. The balance would be paid. The $125,000 we'd paying for the repairs that would come out of the capital fund? DIRECTOR GOODWIN: Correct. So the repairs are the 400, and then the development fees would pay for the expansion. MAYOR DICKEY: Grady, that's probably -- we were talking early about a little bit of a difference between the amount coming out of the CIP compared to the total for your project -- for all of our projects. And I think it was the development fees because it was 275 exactly, so thanks. Yes. DIRECTOR GOODWIN: The last project in Desert Vista is the dog park. Again, I know a number of you are familiar with this. The dog park essentially -- the entire park is made to drain to this kind of lower green, shaded area. So when we have rain or other things up on -- even on the upper fields, they flow down through and out through this area. Over time it has just been -- it needs to be re-graded in order for the water to not become stagnant and muddy and messy, but to actually drain appropriately. So we have two ways of approaching this. One would be to regrade the area and then resod. The other would be to regrade the area and then allow the grass to naturally resume. We are proposing the second, to have the regrading and the natural grass recover, resurface. We would time this again around this time of year next year so that the grass when it's naturally pushing -- when all of the grass is returning and greening up, it would naturally be part of that process. If we were to sod, you're looking at probably twice this number. Any questions on that project? Great. That's the last one. So what does it look like altogether? These are all of the -- this is the list of all the projects we just covered. You'll note that the one that has the star is that skate park remodel and expansion. So the 675 is the total. 275 of that would come from our development fees. The 400 would come from the CIP fund. So that's why it's asterisk there. You'll also note that I mentioned the Golden Eagle sports field lighting is broken TOWN OF FOUNTAIN HILLS Page 33 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 33 of 64 over two years, so the 1.4 is funded over two-year effort. MAYOR DICKEY: You had a Desert Vista one that was 200,000 that was over two years. Let's see. Where was that? Have to go back a couple. DIRECTOR GOODWIN: So it's labeled as Desert Vista Improvement Projects, and it's 200 plus the 65 for the turf improvements. So it's -- MAYOR DICKEY: Okay. Then the other 200 will be next year? DIRECTOR GOODWIN: Correct. MAYOR DICKEY: Okay. DIRECTOR GOODWIN: So you'll see it as 265 this year, and then it would be listed as 200 next year, exactly. Yes. Thanks for that clarification. Any questions? All right. MANAGER MILLER: Okay. So next up is Justin DIRECTOR WELDY, Public Works director. We'll be going over his projects, his proposed projects. DIRECTOR GOODWIN: There you go. DIRECTOR WELDY: Thank you. DIRECTOR GOODWIN: Thank you. COUNCILMEMBER MAGAZINE: Could I ask -- MAYOR DICKEY: Yes? COUNCILMEMBER MAGAZINE: Before we even start -- Justin, I know you'll be prepared for this -- during the work study, we questioned the engineering firm. Supposed to be looking at all these drainage projects. We haven't heard from them in three years. What's the status of that? DIRECTOR WELDY: Madam Mayor, Councilmember, help me understand which one of those you are referencing. MANAGER MILLER: He's referencing JE Fuller. We talked about that at the retreat quite extensively. DIRECTOR WELDY: Exactly. We will discuss that. We can certainly discuss it now or as part of the slide as we move forward. The slides that we put together are alphabetically placed in order here, starting obviously with drainage. When we work with the town manager, the residents, Council members, other staff members, we look towards the past for the lessons learned and the improvements that have been made, and also dig a little bit further in the past to determine whether or not some of these projects TOWN OF FOUNTAIN HILLS Page 34 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 34 of 64 have been brought forward in the past, but the funding simply was not reasonable or not available at that time. The summary of projects that we bring together we've placed as priorities for your review. Each of them that we move forward with that you select, or defer or move out or decline, we will certainly respect that and be back to you at the next meeting with a refined set. With that said, we did not put together in Public Works the projects for this year because there have been no substantial changes from the retreat with one exception. The driveway off of El Lago that services the parking lot for the community garden and the library was sealed this week, and we sent that out, and we have a bid. And we will be moving forward on that project, which is not just a driveway but also some reali gnment of the sidewalk there on El Lago. MAYOR DICKEY: We will do that this year? DIRECTOR WELDY: Yes, ma'am. MAYOR DICKEY: Great. Thanks. DIRECTOR WELDY: You're welcome. This first project up is miscellaneous drainage. This funding is used for projects that are not on the horizon for -- or associated with other capital projects unless there's a direct tie or a conflict. A good example, we use the funding from this this year to divert water away from the front door of the community center. We currently have a couple of small projects that we would like to look at next year to utilize this funding for as we move forward. And if it's selected to move forward, you will likely see some additional information on that when we do so. This is a multi-year project. This was initiated originally because we had some catastrophic failures in the old pipe on phase 1. There is a substantial change to this from the retreat. Since that time, we did receive an engineer's estimate. And this is the estimate based on today's market values, so there's an increase of about $150,000 on this project. This project here is to extend that drainage pipe through the natural drainage area that oftentimes has flowing water in it and creates issues with odors and insects. This will hopefully minimize or eliminate that. It will also push this nuisance water from natural springs closer to our pump that is in this area. That pump currently moves 30 to 60,000 gallons of spring water a day back into Fountain Park. With this project and the updating of that pump, we anticipate that that will TOWN OF FOUNTAIN HILLS Page 35 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 35 of 64 increase to 100,000 gallons a day in spring water into Fountain Lake, helping with the water quality in that area. This currently in this fiscal year is labeled as a design concept report. Up in the area of Brantley, we had a storm even a couple of years ago that resulted in an incredible amount of sediment coming down the street. And as a result of that sediment filling the street, we had outflow of water on the properties. The design concept report that is currently under review right now and being put together by an engineering firm will give us the best case scenario for what we need to do to build a retention base of -- or detention basin on the hill side or possibly in the right of way along that area. This is an ongoing multi-year project. This was put together after we discovered the condition of some of the pre-incorporation pipes. We have made an incredible amount of progress in regards to clearing, cleaning, cataloguing, and photographing the pipes. We currently have a firm looking at the ones that we have deemed needing service or repairs sooner rather than later. This multi-year is not only for cleaning and inspecting, but also treatment because we believe that several of these with the right treatment can be saved or their life extended substantially. This project right here is relatively new. It sponsored the actual area drainage master study by the Maricopa County flood control district. What they're doing is preparing a 2D model of all of the flow within the town limits. We are proactively asking for consideration for design funding should they finish that 2D modeling next year and select or at least identify some projects. We would like to have the authority to move forward on the design for the most critical ones. Again, the area drainage master study is being for -- paid for by the Maricopa County flood control district. They are also managing it. We are just hoping that by asking for your permission to spend some money next year, we can proactively be ready for design on some of the critical projects. MANAGER MILLER: We've made some -- or we've had discussions with the Council on really, in my opinion, the number one critical investment we need to make in the future of the town is with our washes and our drainage. And we've seen some significant unprecedented storms cause erosion that's very close to homes. And so this would be taking the county study, which is really a 10,000-foot-level evaluation of drainage and/or dams in town, and it would be forming the basis of getting into more specific things that TOWN OF FOUNTAIN HILLS Page 36 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 36 of 64 we need to be doing to protect our town. And so the good news here is I do believe that there are some partnerships through flood control district and also going after grant monies and things like that. But in order to do that, you actually have to have a drainage area master plan. So the county has to get theirs done first, and then once they have that done, that will help form the basis of what we'll have for our town and come up with specific projects that will come out of our master plan. MAYOR DICKEY: Thank you, Grady. We spoke before about how some of that infrastructure money that is coming, some of it is going to be going to the state, the bulk of it, and then there'll be competitive good process. But one of the messages that they gave us was that to have partners was going to be really helpful. So like you were just mentioning -- and I don't even know if it can be a regional thing, but definitely with the county and also just like with the parks master plan and everything else, having a plan there really helps get the grants too. So we appreciate that. DIRECTOR WELDY: Rachael and I both have made comments on this. Originally, this started as a park project. And so it was a P for parks. However, over the years, we've discovered that we need additional security cameras, not only at the parks but at the facilities. So it's moving into a facilities project, and we will continue to install cameras. As Rachael noted earlier, and when she was discussing this, they are currently working on the cameras for Golden Eagle Park. Believe it or not, there is a very small part that is technical and difficult for me to pronounce that they are waiting to actually be manufactured that is a critical component of our cameras. It should note -- excuse me, we do have an estimate for town hall improvements and also new cameras to be installed at the Adero Canyon, and also Desert Vista Park, and lastly, one of the town's facilities that few people realize we have, which is the street department. We have three buildings down there, a vehicle maintenance shop, a sign shop, and an office building that we believe also need security cameras. COUNCILMEMBER MAGAZINE: Justin, I don't want to get into technical details because I wouldn't understand it anyway, but are these -- do these record? Are they hardwired? Or how do they work? DIRECTOR WELDY: The cameras themselves for the majority are hardwired back to a TOWN OF FOUNTAIN HILLS Page 37 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 37 of 64 head-in gear, and that head-in gear records activities. Some of them are wireless because of the distance between the camera location and the head-in gear, but that also stores image. MANAGER MILLER: So it's not recording on tape or DVDS or anything. It's actually either Flash type media, or it's recording on, like, a hard disc, basically, or a solid state device. DIRECTOR WELDY: It keeps the recordings for some period of time. MANAGER MILLER: And then once it reaches a certain threshold, it's typically -- I don't know in this case, but it could be a couple weeks or a month, and then it -- it records over it. But it's sufficiently -- I think we've been having -- it's been usually two weeks. And then you know if there's been an incident within the two weeks. You can go right back to before it gets recorded over. And again, we've had really good luck. I think you heard from the lieutenant in his last presentation that we were able to help apprehend two teenagers that were involved in damaging -- was it Four Peaks Park? Yeah. So they're very good investment. DIRECTOR WELDY: This project is a multi-year, but up until this coming year, it's been $200,000 that we've spent for in -- with in-field, and there have been substantial improvements and several thousand linear feet of sidewalk installed under the Council's direction. What we are asking for now is an additional $100,000 to help us design. We discovered during Desert Vista and other projects that are currently on hold for sidewalk infill that the design is very, very expensive. This funding will help us design these challenging locations and also be beneficial as we continue to apply for grants to have the majority of the sidewalk infill paid for by others. Right now, it's -- it averages about a 97 percent to a 3 percent town match or 95 percent and a 5 percent match for the different types of grants. Again, the bulk of the funding will go to fill in sidewalks that are shown on the active transportation plan that was adopted by the mayor and Council. The remainder of the funding will be used to design sidewalk. And this is an excellent example, this slide. This is actually on Saguaro, where the sidewalk ends on a very steep slope next to a wall. MAYOR DICKEY: So let me just ask again. The $2 million grant that we had, so that's why there's only such a small match? TOWN OF FOUNTAIN HILLS Page 38 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 38 of 64 MANAGER MILLER: Yes. So she's referring to the CMAC-1 -- CMAQ money that we receive from Mag (ph.). So that's federal dollars that float through Mag that actually helped us. But for us to do that, we actually had -- we already had a plan in place. And so it's very essential to have these plans to be able to go after. But as Mr. DIRECTOR WELDY pointed out, you know, if we were a flat town, we could really make our dollars go further. In this case, as you can see, a lot of these sidewalks end up having to have retaining walls and other issues. And then because there's infill, we sometimes have utilities that are in the right of way that have to get relocated. So it's just a very -- it's a very complicated process that unfortunately the master developer of our town should have been held on the hook to put in all these in our neighborhoods and in our right of ways that we're now doing catch-up. But in the end, this is helping our town, I think, do catch-up that should've been done originally, and it's going to help make our town more of a walkable community. MAYOR DICKEY: So just to clarify, we -- for a long time, we were putting 100,000 towards infill. That was just building, right? It was not design. And then we upped that to 200,000. So I guess I'm just kind of confused. Is this an annual 300,000 that's both for building or is it a one-time 300,000 for a design for everything? DIRECTOR WELDY: Excellent question. This is a multi-year, and the majority, 200 plus thousand dollars, will go to construction. The remaining funding will go to design. And just for some clarification and a good example, on Fountain Hills Boulevard between Segundo and Crystal Ridge in front of the church, that design, because of the steep slopes and a very steep driveway that they primarily use for their funeral service, that design right there was just under $10,000. It's completed now, and that will be one of our priorities when the budget is adopted and we're able to move forward next year. But that is a critical connector for that area of town connecting the Segundo Crystal Ridge area to the downtown. This is a multi-year project. Several years ago, the Federal Highway Administration decided that the guardrail put in in the past based on crash data simply was not high enough. They did not at that time issue direction on when the guardrail needed to be updated. Since that time they have made a strong recommendation. We currently have a firm giving us direction based on the Federal Highway Administration and, of course, TOWN OF FOUNTAIN HILLS Page 39 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 39 of 64 ADOT, who will be preparing the manual to tell us what we need to replace and when we need to replace it. And as result of that, we won't be able to pursue HSIP. That is Highway Safety Improvement Program or funding for this type of work. So we anticipate in the future that HSIP funding primarily will be used for this. Just as a clarification, the HSIP funding can be used for guardrails, traffic signals, that kind of thing, but it can't be used to improve any travel lanes. We had run into that on a couple of other projects where they said, well, if you can't do this, build more road. In this case, we can't. MAYOR DICKEY: But you're not wanting to do this? You're recommending this for next year? DIRECTOR WELDY: We are. The assessment is underway right now. That assessment will be done by June 30th. That'll give us an opportunity to review and also ample time to prepare for grants so we can have that assessment to include in our grant. And it'll be the following year when will bring it back and ask for funding -- town or local funding to match the grant funding. MANAGER MILLER: Mayor, to your point, so this is one of the projects that we realized, you know, this didn't really need to be in for next fiscal year. So this was reprioritized for the year after. Thank you for the question. DIRECTOR WELDY: The town manager earlier described the adoption of the downtown vision plans. You have those concepts that were printed for you and are on the dais. This is the area of the downtown that was discussed in the Downtown Vision. It should be noted that the engineering firm that worked with the Swaback and Associates, when they did their analysis, they noted in 2009 and '10 that by this time if you build a single lane roundabout, that most likely using projections from Mag and traffic counts that it would need to be increased to two lines by -- between 2023 and 2025. And that report is available for anybody that would like to read it. So there were several different options that were presented and brought forward at that time. The one that was adopted and the concepts that were adopted are on the dais for your review. This project right here is tied to the Fountain Overlook indirectly and directly. Because of the scope and size of this, constructing this along with the next project -- and I'll move over there just briefly -- would be important to tie the two of them together to minimize TOWN OF FOUNTAIN HILLS Page 40 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 40 of 64 the disruption to construct both of them at the same time. VICE MAYOR FRIEDEL: Can I just point out something? I think you know my thoughts on this already, but we've got one and a half million dollars for Golden Eagle impoundment improvements, 275,000 for the community center, 150,000 for the panorama storm drain, 150,000 for drainage, our master planning. Those are things that I think are critical -- as Grady mentioned, critical investment close to homes to protect this town. This is a nice to have -- and I know it's on the Swaback proposal -- but I'd like to see this delayed and have these other projects taken care of so that we ensure the safety of our streets, our washes, our residents, and that sort of thing. This is something I think that can be delayed and waited on. We've got a lot of money going out here for these other projects, and I think it's something that we need to take a second look at, myself personally. Thank you. MAYOR DICKEY: Thank you. Councilor? COUNCILMEMBER MAGAZINE: Justin, in looking at the schematic, I see there were crosswalks, looks like the south and the north, is that right, of the roundabout. Is that correct? DIRECTOR WELDY: That is correct. COUNCILMEMBER MAGAZINE: And is there anything -- maybe too early to answer this. Is there anything proposed to get the traffic to stop other than people trying to get across? DIRECTOR WELDY: As part of this type of design -- and again, this is just a concept -- you can add rapid, rectangular flashing beacons. You have options with that. One of them someone has to push a button. The other one is a detection system. So as soon as someone enters the area, the lights flash automatically, and as they cross the street, it detects them and keeps them flashing or starts flashing on the other side. COUNCILMEMBER MAGAZINE: I've probably been in one of these, but I don't remember seeing one that had two-lane roundabout. MANAGER MILLER: Yeah. The north side and Hayden over by -- I call it Costco, but it's over by the Harley-Davidson. It's right behind it. That's one that -- that one's probably, I would say, complicated only because it's got a lot of traffic it handles versus - TOWN OF FOUNTAIN HILLS Page 41 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 41 of 64 - I don't think this would be anywhere near that bad. COUNCILMEMBER MAGAZINE: I guess one thing would be important would be to look at those others to see what kinds of problems they've had, if any. MAYOR DICKEY: I think all the ones -- COUNCILMEMBER MAGAZINE: Accidents, people being confused, all that kind of thing. MAYOR DICKEY: I think all the ones going through in Sedona are two lanes. Councilor? COUNCILMEMBER SPELICH: Well, I'll be on the record, just like I was at the budget retreat and everything. This is a great wish. I mean, you know, I want a Rolls-Royce. I sure the hell can't afford one. To have this design and everything, great. To be able to -- I mean, if we're -- right outside the door here was almost 900,000. I couldn't even wrap my mind around what the cost of this would be after the design and this was to be put together. So I think it would make Rachael's 1.4 million dollar lights look like a cakewalk. So I'm on the record vehemently opposed to this. I know other councilmembers like it, but I'm vehemently opposed to it. I think that this is something that definitely can be delayed. I concur with the vice mayor that there's projects that have meat to it and actually affect the residents right now, here and now, with storm damage and things like that. So I'm sure some of you are really for this. And you know, I love the picture. The picture looks good. I just don't want the price tag attached to the picture. Thank you. COUNCILMEMBER MAGAZINE: Just curious. Do we have any accident data from this intersection right now? DIRECTOR WELDY: We do not have any current crash data. The crash data that we have would be from several years ago. COUNCILMEMBER SCHARNOW: Yeah, thank you, Madam Mayor. So from your opening statement, I mean, it would be pretty much not doable to have a roundabout there unless we do the overlook as well? Is that kind of what you're saying? DIRECTOR WELDY: What I mean to say -- and maybe I was not clear on that -- is if one -- or if they're both selected, it would be ideal to construct them at the same time. If one or the other are selected, just have to make accommodations should the other amenity TOWN OF FOUNTAIN HILLS Page 42 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 42 of 64 possibly be considered in the future. MANAGER MILLER: And I think what he was trying to get at is it's also -- it's the same firm, right? DIRECTOR WELDY: Indeed. MANAGER MILLER: And so part -- that' why they are rendering or the artist rendering is very similar. It's also complementary. So the engineers took into consideration the roundabout when they come up with this overlook design so, you know, it could fit. You know, everything that they came up with, the design with the preliminary concept before you, takes into consideration the shape and size of the roundabout. COUNCILMEMBER SCHARNOW: I mean, I know it's a much bigger price tag than the shade structure. You know, we just talked about it, the Centennial Circle, but it's kind of almost the same concept in terms of looking ahead in terms of usage and activity. And some point in time we'll have the rest of the development along the avenue and Saguaro on the southside there. Every year it seems like we hear about the need or want for more activities in Fountain Park. We've had issues with access to those events down in the park because there's really no ADA way to get to some of these, except for going past the splash pad and coming in on the sidewalk way over there. So I know it's a big price tag, but I think for the -- you know, and we're not going to be voting on construction here in the next year, but to get to a certain point, you obviously need to design it. And that's going to be up to future Council in terms of construction and finances and all that kind of stuff. But I think to really put a exclamation point on what we want our downtown to be and to accommodate the traffic and the pedestrians and the events down there, I think something like this is, you know, a good thing. COUNCILMEMBER GRZYBOWSKI: I want to say yes and no because it's a lot of money. But it's going to be so much less expensive if we do the design work now. I don't see wanting to spend the money or even talk about spending the money to actually do this kind of project for quite a few years. But I also see if we wait two years or five years to design, it's going to be significantly more expensive. Is there, like, a study that goes with this to let us know, yes, your traffic needs, or this is strictly just a design right now? DIRECTOR WELDY: And all of this discussion -- and that question is excellent. The TOWN OF FOUNTAIN HILLS Page 43 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 43 of 64 intent is that they will utilize the past analysis, and then they will also perform up-to-date traffic counts and turning movements in the area and use projections of what traffic will be in the future and incorporate that into the design. COUNCILMEMBER GRZYBOWSKI: I think I'm for it. I don't see that we need to build it right now, but I mean, that's the kind of thing that you trust experts for, but I love the concept. And like Councilman Scharnow said, we don't have the handicap access from that area of the park, and that's really kind of a big deal. And I love the idea of the bridge going over the little area that gets wet so quickly. DIRECTOR WELDY: It should be noted that as we had discussions about this with the town manager and we reviewed all of the pages tied to the infrastructure bill, deep into that it takes note that several projects will be in the 5, 7, 8 to 10 years from the original passage, and the intended reason for that was to allow local, county, and state governments and opportunity to design their infrastructure and have a design to come to the table with. MAYOR DICKEY: And I think that -- DIRECTOR WELDY: And this is -- I think this is also something that's important. When we met with this firm, we asked them to please include the necessary environmental clearances and any clearances that would be required by ADOT because they're going to be the clearing house to ensure that when it's designed and the funding comes forward from the infrastructure that we have already met that criteria, and we don't have to go back and start the process over again. So there is -- about 10 percent of this total covers the requirements that would be necessary to receive funding from the federal government. MAYOR DICKEY: Thank you. I think there's two things to look at. Like, we don't have to do it now, of course, but you're looking at a project that was approved and was a plan for downtown for 12 years. So we're not by any means jumping into something that hasn't been on the books or hasn't been something that was desired. I think there is a safety factor there. I don't know what it is, but, you know, all you have to do is eat lunch over there one day, and the horns and the people that are trying to cross and such. So I do believe that there is a factor to this. We often hear about development, economic development, tourism, that kind of thing attracting businesses. We're on the verge of a TOWN OF FOUNTAIN HILLS Page 44 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 44 of 64 lot of development in different parts of the town and perhaps downtown. And I think that this is very fitting with that whole purpose. You know, we have an economic development department. We spend money on ads and such like that. So I think this goes towards that. It goes towards any of those efforts that we've taken along those lines. I think that doing the design right now is a reasonable thing to do, and not to project too far ahead when it could get done, but the idea that this could open the door to getting some of the infrastructure funding, the fact that we'd have this in place, the design, is something that I'd like to do now. But that's not a surprise, I'm sure. Yes, sir. VICE MAYOR FRIEDEL: Justin, I see you have a sidewalk on here for the pedestrian access. Throw out a ballpark figure. What would it cost to put that sidewalk in by itself right now? VICE MAYOR FRIEDEL: So people could have access down to that -- down to the lake, down to the other park amenities down there. And then I'll throw out another point. The cost of doing these two designs and studies would be the $400,000 that Rachael needs for her big umbrella, roughly. So I'm just throwing that out there. And that's an immediate impact right now that we could use in the Centennial Circle by taking this money, delaying this a year or two years. And I don't think that design cost is going to go up that much in the next year or two years, but again, I'm not a designer. I don't know. But I'm just wondering if we could do a sidewalk now to give people that have handicap accessibility issues the ability to get down to our events and other things. I don't know what it would cost. Would it cost $100,000? I don't know. DIRECTOR WELDY: We don't have current funding, but when this was looked at several years ago, it was north of $300,000 because you either have to go a great length and go around the beginning of Fountain Channel, closer to the amphitheater, or you have to bridge Fountain Channel. And we at that time didn't have a cost estimate for the bridge. So I would be uncomfortable offering a firm number, but several years ago -- VICE MAYOR FRIEDEL: Fair enough. DIRECTOR WELDY: -- It was 300. VICE MAYOR FRIEDEL: Yeah, fair enough. COUNCILMEMBER MAGAZINE: I was just wondering about clarification. Are you talking about a sidewalk that we see around or including the stairs on the right TOWN OF FOUNTAIN HILLS Page 45 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 45 of 64 (indiscernible)? VICE MAYOR FRIEDEL: Not including the stairs. COUNCILMEMBER MAGAZINE: Just the sidewalk around? VICE MAYOR FRIEDEL: Yeah. DIRECTOR WELDY: Any other discussion for these two projects? This one right here we had discussed in regards to traffic calming and, more importantly, the moving of traffic through the intersection of Palisades and La Montana. Having looked at everything that's going on and reviewed the budget for this year, we agree with the town manager's recommendation that this one be moved forward a year. And let's look at doing the analysis at that time. Again, this is one of our busiest intersections, La Montana and Palisades. It's currently controlled by an all-way stop. We do have a few crashes there. We don't have current crash data, but we believe that in the -- if it hasn't already met some crash data warrants, it would certainly meet other warrants. So again, it's controlled by an all-way stop, which is not the best method for traffic movement, but it is currently the one that is functioning here. MAYOR DICKEY: Okay. COUNCILMEMBER SPELICH: I'll just say personal experience. I haven't had any problems in the area where the proposed roundabout would be. I have lots or problems with this intersection where cars can't decide who goes first, who goes second. They both go at the same time. I really think it's worth taking a hard look at this one. MAYOR DICKEY: Councilor? MAYOR DICKEY: Go on, Mike. COUNCILMEMBER SCHARNOW: I agree. COUNCILMEMBER SPELICH: Are you for it or against it? COUNCILMEMBER SCHARNOW: No, I agree. It should be moved up because it's very confusing, and, you know, I'd like to carve out 150 somewhere else and move this one back to 23, but that's how I feel. COUNCILMEMBER GRZYBOWSKI: I get the most complaints on this intersection here from people around town. MAYOR DICKEY: Councilor? TOWN OF FOUNTAIN HILLS Page 46 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 46 of 64 COUNCILMEMBER SPELICH: No one ever wants to go, so I don't know how the hell there can be accidents, and no one wants to go, and it's three minutes of everybody waving everybody through the intersection. So I don't know. I mean, it's very easy to call or ask Lieutenant Halverson to pull up how many accidents happen here. It's not rocket science. Please, no more traffic studies. MANAGER MILLER: Yeah, we actually have this, and we can get this in time for the next -- for the budget workshop because we are aware that there's been considerably more accidents at this location. People have actually been running the stops. That's what's been going on, which I can't understand why all of a sudden there's a rash of people running a four-way stop intersection that's been there for years. And that's what we heard about 2021, that people weren't stopping at that location. COUNCILMEMBER SPELICH: I think they're building up speed through the roundabout which was I -- that I was against. I think they're building up speed over here and then shooting down the road, and it gives them momentum to go through the stop sign. But anyways, Justin, what -- if the plan is -- I'm assuming this plan is stop lights. DIRECTOR WELDY: There's no plan for any improvement at this time. We would simply have an analysis done on it and have a traffic engineering firm give us the best case scenario, whether it's a traffic signal or a roundabout. MANAGER MILLER: We'd be bringing that back to Council ultimately for your decision. COUNCILMEMBER SPELICH: Okay. MANAGER MILLER: And they would be presenting their findings and their recommendations to the Council. DIRECTOR WELDY: Correct. COUNCILMEMBER MCMAHON: I also think that I would like to see it moved up. I think we discussed this in the safety -- the Pedestrian Safety Committee and thought that -- I thought it was going to be done sooner rather than later. MANAGER MILLER: Yeah. So this was just a matter of we've had previous Council interests in the prior projects that you've seen tonight, and so we were trying to make the dollars work. So if something else was cut, we can certainly do that. DIRECTOR WELDY: And with all due respect to the District 7 sheriff's office, we will TOWN OF FOUNTAIN HILLS Page 47 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 47 of 64 go to the ADOT Crash Magic and pull the crash data through our GIS person. And I don't that we have an opportunity right now to get some traffic counts, but let's see if we can get that done so we can come back with that data and share it with you. MAYOR DICKEY: Councilor? COUNCILMEMBER MAGAZINE: I know you have to look at data, and crash data is important. And I don't think there's a way to measure this. But I've seen so many situations where people start through and hit the brakes. Somebody else is coming through. And I don't know if there's any way to put up cameras there to look at it and see what happens over time or -- is there anything like that that could be done? DIRECTOR WELDY: Not that I'm aware of, sir. MAYOR DICKEY: Councilor? COUNCILMEMBER SCHARNOW: Well, I was just looking ahead on other slide. You know, Saguaro Boulevard and La Montana's on the list. And I know it's been one or two people have really been complaining about that. We've had some incidents there, but it -- to me that intersection is lot less confusing, and I just -- someone called it a blind intersection. I mean, there's just no way. And that's 150,000 that you have allocated there. So, you know, you could slide that over to this one, in my opinion. MANAGER MILLER: David, if you can come up, I think there might be -- when we get down to the table, I think there's a -- maybe an error here on this slide, because I think when you go to the table that shows the Public Works summary, I believe this is being recommended. DIRECTOR WELDY: And I think I put the recommended for fiscal year '24 on the wrong -- MANAGER MILLER: Yeah. DIRECTOR POCK: -- slide. MANAGER MILLER: So -- DIRECTOR POCK: My apologies. I was trying to -- MANAGER MILLER: So it -- DIRECTOR POCK: -- figure out how I could -- [CROSS TALK] MANAGER MILLER: We have a summary table that you'll see, and it actually is in TOWN OF FOUNTAIN HILLS Page 48 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 48 of 64 that, because I seem to remember that this was a higher priority, and it was. And I couldn't understand. So it is actually recommended as we reprioritize, so it is there. COUNCILMEMBER SPELICH: I’m totally for making it 2024. MANAGER MILLER: Excuse me? COUNCILMEMBER SPELICH: I'm totally fine with 2024. MANAGER MILLER: I get it, but it looks like consensus is not. DIRECTOR WELDY: This next project has been on the radar of the subcommittee to this Council, the Pedestrian and Traffic Safety Committee. One of the recommendations we got after having the initial analysis done on that intersection was to increase the timing by about two seconds for all of the left turns. And when we're talking traffic signals, traffic signals operate on seconds. So two seconds of additional green time for left turns will make some improvements. To what extent? We do not have that additional data yet. MAYOR DICKEY: This is the one that's being recommended to push off, right? MANAGER MILLER: Yes. We just did the timing, and we have seen some noticeable improvements. And so we wanted to just see another year to see if that might save us the 85,000. I do think probably we'll be back recommending this as a solution. But I'd like to see if we can also make adjustments or tweaks to the current timing because this could save us, you know, the 85,000 on the design for the stacking issue that we have at that location. DIRECTOR WELDY: So this one right here, while it's not shown on this slide, is a recommendation to be deferred to '24. This one right here -- and we had discussed this at the retreat. The Avenue receptacles in the palm tree islands and the lighting associated with that -- in very poor condition. We agree with the town manager's recommendation to move this out to FY24. This one right here is two parts. One of them is drainage improvements that are needed on the south side of this intersection at the golf cart underpass. The other one is this is an excellent candidate in the future for a marked crosswalk using rapid rectangular flashing beacons, because on the -- in this area the northbound side, we actually have sidewalks or a walking path that ties this to Desert Vista Park. But we agree with the town manager's recommendation to move this into FY24. Yes, sir? TOWN OF FOUNTAIN HILLS Page 49 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 49 of 64 VICE MAYOR FREIDEL: Justin, I know there's a development going in on that corner. Are we getting any help with this from the developer? DIRECTOR WELDY: To date, sir, I'm not aware that we have spoken to Coffman about a contribution to that. MANAGER MILLER: My answer is no. And this was something that -- this came out of the blue. The first time I ever heard of it was through this budget process. And so I'm a little disappointed that we didn't try to talk to Coffman during their proposed project, because typically you try to -- you don't extract it, but you try to get them convinced that that would actually be helpful for them to contribute at least a portion of that cost. VICE MAYOR FRIEDEL: That's a big enhancement for his project there, I think. MANAGER MILLER: It is. And we will definitely -- John, I know part of the deal with the developer is he frequently gets his entitlements, and he doesn't pursue his entitlements. So we'll have to go back and see what his interest level is on this particular site. MAYOR DICKEY: Council? COUNCILMEMBER MAGAZINE: I appreciate you saying that, because when he was in front of us, I said, you know, we give these special use permits, and people wait and wait and wait. I said, are you ready to go? He said, we're ready to go right now. Well, nothing's happened. Do we have any idea why? He said he was ready to go. MANAGER MILLER: Yeah. He just got an extension for another six months, right, John? DIRECTOR WESLEY: Yes, that's correct. Mayor, Council member. When we contact him, he tells us, yes, he's still working on the more detailed plans, and yes, he plans to go forward, but we haven't seen them yet. COUNCILMEMBER MAGAZINE: So in other words, he hasn't told us the truth? MAYOR DICKEY: Should we talking about this? COUNCILMEMBER MAGAZINE: You can't comment on that, but -- MANAGER MILLER: That's probably off -- MAYOR DICKEY: This is sort of off the agenda. Better be careful. Thank you. DIRECTOR WELDY: This next project was intended to be a connector directly from Fountain Park to the Lake Overlook Trail. We agree with the town manager's TOWN OF FOUNTAIN HILLS Page 50 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 50 of 64 recommendation to move this out to FY24. This project right here was just briefly discussed. This is the intersection of La Montana and Saguaro Boulevard. This is a placeholder for design. We currently have an analysis that's completed on this. However, we need to share it with the town manager and the Pedestrian and Traffic Safety Committee so we get clear direction from them. Ideally, we would have this available by the -- is it April Council meeting when we bring these back? MAYOR DICKEY: 12th, I think. DIRECTOR WELDY: I believe so. MANAGER MILLER: Well, and what we typically do is everything goes before the Pedestrian Traffic Safety Committee, and it comes before that group, and then it comes -- anything that comes out is a recommendation ultimately hands to the Council. So I believe that's the next steps. DIRECTOR WELDY: And this one right here could include any number of improvements, just like the intersection of Palisades and La Montana. We're going to look for some recommendations from this firm based on the completed analysis. This one right here was to replace the last bit of holdout incandescent, and a metal-halide light, and high pressure sodium lighting on the town hall campus, which is primarily the sconces, and a few other exterior lightings. It does not include any parking lot lighting. We agree with the town manager's recommendation to defer this into FY24. This one right here is going to take a little bit of explanation because I did so poorly at the retreat. I want to make sure that I convey the correct message here. While we were renovating the community center, we discovered that we were having water infiltration through storefronts. That's the areas of large windows and also the numerous entry doors. And lastly, one location on the west side of the building there is a walled-off private area that has a small table in it where staff can enjoy lunch or visit with other staff. In that area, that -- all of that concrete slopes towards the building and the water ponds there. And there's simply no way to get it out without pumping it, without tilting all of that concrete away. Should be noted that during construction we took immediate action with staff and though TOWN OF FOUNTAIN HILLS Page 51 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 51 of 64 some small change orders and addressed the lion's share of this water that historically comes in from storms when the wind is blowing or when there is an unusual event with increased intensity. We have not eliminated entirely, and these are temporary fixes. They need to be addressed permanently. It's important to note that the money this Council approved for that renovation was used wisely, and this minimal amount of water intrusion is not going to damage or ruin those improvements. This is water that can simply be mopped up or cleaned up. What we want to do is address it permanently. Because of the size of the storefronts and the doors, it's going to be a rather expensive fix. Yes, sir? VICE MAYOR FRIEDEL: So that concrete that slopes toward the building, can that be jacked up to have it leveled out or pitched another way? DIRECTOR WELDY: We would love to do jack slabbing; however, it's attached to the building. It has to be cut and removed. We discovered that the on-grade-slab is bigger than the building itself. So all the walls, storefronts, and doors were set back, and at every one of those locations, there's about eight to ten inches or a foot of concrete that's actually part of the structure that tilts back to the building. So that, we are going to address that. We've actually met with numerous firms and finally discovered one in the last few weeks that this is all they do, primarily in wet weather, but they work throughout the U.S., and they have provided us a very good estimate to have this analyzed for the storefronts and the doors. The area underneath the little shade structure on the west side, that simply needs to be removed and that concrete replaced and made to drain out into the parking lot. That's really the only fix for that one. If we have funding available this year and we're moving around on capital projects under direction from the town manager, we may very well address that one sooner rather than later. VICE MAYOR FRIEDEL: Personally, I'd like to see that addressed ASAP. MANAGER MILLER: Yeah. So just to let you know, that building, the floors are all built on grade. So with the floorcovering, it actually is slightly above grade. I mean, when I say slightly, like, maybe a quarter inch or so. When we were doing the remodel, we were doing it right during the storm season, and it was basically below grade. And so that was allowing water to seep in, and it really TOWN OF FOUNTAIN HILLS Page 52 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 52 of 64 became very obvious that, in the lobby area where we have those storefront windows and the entry doors and all that, we were getting these issues. We already knew about the western area by where you see the detention/retention basin put in, I guess as a dry well that we have that goes below? DIRECTOR WELDY: It is a detention basin that actually ties into our storm drain system. MANAGER MILLER: Okay. So this became very obvious, but I'm glad Justin kind of clarified because I was about ready to reach over during his presentation, and like -- it's like, no. You got it all wrong. Because it made it sound like we just put in all this millions of dollars of improvements knowing very well that we had this issue, and that's not the case at all. And I'm glad he did a good job of trying to explain that tonight. COUNCILMEMBER SPELICH: Thank you, Madam Mayor. So Justin, as you're aware that I'm the one that lost my mind when you gave your last presentation. And the way Grady just said, it appeared from the presentation that this was a very serious issue that could cause serious damage. So we went from this could be a very serious issue with flooding and cause damage, to the 800,000 we just spent in upgrades, to now it'll just take a mop to -- DIRECTOR WELDY: And when I say that, let me convey this to the best of my ability. There is still going to be water entering the building at several points on the lobby where we have a tile floor. We will need to clean that water up when it happens. There will also be a few areas on the west side of the building and on the east side of the building that, during and after storm events, water will weep in through the storefronts and get the carpet wet. And it's not just a one-foot in diameter, but it's a few feet in diameter area that will have to be cleaned up to minimize long-term damage. It's still serious, and it's still a problem that needs to be corrected. I just don't want you to think that it's everything's going to be ruined. We're just -- we're going to have to take care of these water issues more permanently, and right now, we don't have that solution. COUNCILMEMBER SPELICH: Well, I appreciate that. I don't want any water damage. DIRECTOR WELDY: Understood. COUNCILMEMBER SPELICH: Period. So what is the cost -- like I said last time, what TOWN OF FOUNTAIN HILLS Page 53 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 53 of 64 would be the cost of fixing this so that there is no water intrusion, period? Not multiyear. You know, we're going to mop this up, and maybe this piece of carpeting's going to go bad or whatever. What is the cost? I think the Council should be aware. And I don't want to speak for my fellow councilmembers, but I think that we, as a Council, should make an informed decision on if we want to allocate the money that it would cost to fix this and get it over with instead of delaying it for a couple of years. DIRECTOR WELDY: I currently do not have the estimate from the firm that does this. We will be bringing forward an agreement to this Council to approve, a professional services agreement. It's going to take a little while for them to complete the assessment and make a recommendation with an engineer's estimate. I do not have that number tonight. MANAGER MILLER: This is not a -- this is not a multiyear, though, so this is not to be solved over a multiple number of years. This is intended, if we can get it -- and we've heard it loud and clear. If we can get it solved this year, we will. We just don't know what the cost is. But we will find the money, and we can do that because we should be able to solve this problem now. COUNCILMEMBER SPELICH: Okay. MANAGER MILLER: But he's actively getting these quotes, and I feel very comfortable, very good about getting a solution to this. But we've had other vendors give us numbers. Like, the one that we used last year gave us some -- what he thought might be an easy solution. We'll give this a shot. We'll try this. We did. It did some help with the western door, but it didn't solve the rest of it. And we didn't get into this until the floor was removed and we started having this issue. So our intent is to take care of this as soon as we can, absolutely. COUNCILMEMBER SPELICH: Okay. I mean -- MANAGER MILLER: We hear this loud and clear from the Council. COUNCILMEMBER SPELICH: Yeah. I mean, I just feel that it's a pressing issue and we should protect our investment. I think everybody up here would agree that if we bought a home in the Midwest that had flooding, we would spend whatever money we needed to put in a good sump pump and plan on -- you know, if we're going to remodel our basement and it normally gets water, we're going to put a great sump pump in and TOWN OF FOUNTAIN HILLS Page 54 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 54 of 64 make sure that we plan head to solve any damage that could happen. And I think that, in this particular case, we're spending -- and I'm not beating a dead horse, but we're spending $600,000 to see if a roundabout would be good in front of the fountain and all of this other stuff, where we have a pressing issue here. And I would just -- Whatever it is. I don't know what it is, Mayor. I -- I -- I -- okay. COUNCILMEMBER SPELICH: Well, I blacked it out because it was so traumatizing to me. So I just think that -- I just think that we should really make it a priority, and I think the residents would agree that this should be definitely fixed. Because I know if you come back to us and say you need a hundred grand for more carpeting before December, I'm going to lose my mind. DIRECTOR WELDY: We agree. And we've been working tirelessly to secure the right firm. We have heard some pretty incredible things. It should be noted that with the staff we have here, which is a supervisor and a plant mechanic, they have managed to address the lion's share of this themselves with interim measures to minimize or eliminate the water. Again, it's a temporary. And we certainly appreciate it, and it's important to us as well. COUNCILMEMBER MAGAZINE: I'm probably not understanding, but wouldn't we need the number before we approve the CIP? DIRECTOR WELDY: This was put together because we had not yet found a firm. So we were using not the highest or the lowest estimate from the other firms that we had spoken to but somewhere in the ballpark of what they thought it would cost. And until we get an agreement with a firm and an affirmative on the permanent repairs, we continue to move forward so we have the budget authority to make those changes. MANAGER MILLER: This is pretty common. We typically get like what I would call engineer's estimates that help us formulate the budget to submit. So this is typically could be less or likely be less, so it's just an estimate at this point. DIRECTOR WELDY: You're welcome. This one right here also requires additional explanation. It should be noted that immediately after Council approved the $600,000 plus to clean Golden Eagle Park, during that time, we -- as part of that, we went in and cleaned out all of the drainage TOWN OF FOUNTAIN HILLS Page 55 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 55 of 64 channels. We made them deeper. We made them wider. We took the necessary measures to minimize the backwatering into the park at that time. As this process has moved forward, we have encountered numerous challenges, including reviews by the state agency in Maricopa County Flood Control District and ADWR. Also during this process, we've had a couple of events, and as a result of the action taken earlier to make the drainage channels wider and deeper and eliminate some physical barriers on Golden Eagle Dam, the backwatering has been minimized, and we've been able to address that backwatering internally and with contractors. After each storm event, that is our first stop after we clear all of the streets and make sure they are safe. With that said, there is a huge change in scope here that's going to be addressing the items that we were not aware of, primarily related to electrical. Rachael touched on some of that earlier in relation to the ballfield's lighting and the irrigation, in order to make the necessary improvements to the channels and make them deeper and wider enough -- deep and wide enough to manage the flows. The irrigation that is currently just on the side of these drainage channels has to be moved. We don't want that to be haphazardly. We need that to function for many, many years to go. Another part of the option is making the ballpark on the north side -- it has a number, and it's called Ballpark 1 on the north side. Currently, if you have physical challenges, you have to take a pretty strenuous flat route to get to the other ballparks on the south side and the amenities. So we have asked this firm to also look at possibly eliminating that long winding walk that goes through the channel and inevitably will be flooded with each event and look at possibly building a smaller, shorter pedestrian bridge that would eliminate that. It should be noted that we are asked as a municipal government, any time we make substantial improvements to one of our amenities, we also update the accessible routes. And you'll see that again and again, in all of our PowerPoints and all of our projects, that we are mentioning accessible routes and ADA accessibility parking stalls and that kind of item that's necessary. Not only is it mandated, it's simply the right thing to do. With that, the project has had some delays because of some staffing changes. There have been some scoping changes. It's been very, very frustrating on our side and very, very TOWN OF FOUNTAIN HILLS Page 56 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 56 of 64 frustrating on their side. We have come to an agreement. Mayor, Council approved an amendment to their contract. We had asked for a very, very tight schedule to finish the design. They are currently anticipating September of this year to have this designed. And at that point in time, we will release this for public bid and be returning to the mayor and Council shortly afterwards to award the contract to the lowest or most responsive bidder for that project and move through it and finally make these changes permanent. MANAGER MILLER: Yes. And Justin, thank you. I think you touched on some of the issues that we experienced. But last month at the retreat, we had expressed some concerns with the delays and such, and I think it would be appropriate for you to go into a little bit more detail. You kind of touched the iceberg on that, but you didn't go into the details. So you want to -- we were specifically asked and tasked with meeting with our town attorney and staff involving this and look at what happened and if there's any recourse. So do you want to go into a little bit of detail on that? Actually, that included - - it was yourself, the attorney, and -- was it our finance director? DIRECTOR WELDY: Correct. MANAGER MILLER: Yeah. So -- and procurement, I believe. DIRECTOR WELDY: Correct. I don't want to give away a lot of detail here because there's a lot of moving parts here. We had a substantial staffing change during this time. As a result of that staffing change, at that time, the plans were considered at 95 percent, and there were a few minor changes necessary to move forward. The incoming person that took over the review of those projects decided it was at 60 percent or less and, intentionally based on challenges with the drainage, elected to not include the necessary changes that Kevin (ph.) and Rachael felt were critical for this ballfield. Since that time, we've had another staffing change. He's sitting right here behind us. We all got together, including Kevin and Rachael; we've met with the finance director. We have had discussion with the town attorney. We believe at this time we have a tight grip on this, including the schedule and the funding. We are having more frequent meetings and updates, including ADWR and the Maricopa County Flood Control District. We will be moving forward to discuss what we may or may not be able to do in regards to the delays and other challenges. We just don't have that information available right TOWN OF FOUNTAIN HILLS Page 57 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 57 of 64 now. We will provide that to the town manager for review and the town attorney for direction. COUNCILMEMBER SPELICH: Thank you, Madam Mayor. So I believe it was myself and Councilmember Magazine that were very upset about this. And I specifically had asked if there was money still owed on this contract, if we still owed JE Fuller money, that the study had not been paid in full. I would hope that in these meetings, it seems to be that there was some culpability on the Town's part with -- as I'm reading between the lines -- with staffing changes and everything, but I would hope that we would entertain, when we're moving along in these discussions, that we won't be paying for this study in full because there also seems to be -- and you can correct me if I'm wrong -- but there also seems to be some culpability on the design firm's part also. And if there is some culpability on their part, as well as our part, I wouldn't expect to pay the full price for this contract; do you agree? DIRECTOR WELDY: I understand that your comments, and to some extent, I agree. And I think this is important to note. In regards to the deficiencies on the Town's side, that is solely my responsibility. It happened in my department, and I am responsible for clearing that up. In regards to payment processing, I agree, we will, in the end, negotiate and/or refuse to pay some funding at that point. But again, I don't want to get into a lot of detail on that because. COUNCILMEMBER SPELICH: I understand you're protecting -- I understand, and I don't want you to go beyond the scope of what this meeting is about. But I would like to say that I want to emphasize the fact that we should not be paying someone the full amount of their contract -- and this isn't the lawyer in me because I'm not a lawyer, but I'm sure Councilmember McMahon would agree with me that we're not going to give somebody their full amount when they didn't hold up their end of the bargain. So whatever we negotiate, let's just make sure that we're not paying the full amount and we're on the hook for the full amount. DIRECTOR WELDY: Understood. COUNCILMEMBER SPELICH: And just to help along that line, my understanding is staff is trying to put together a timeline as to when things changed and what happened, which would help us narrow that down to figure out their culpability and the Town's. TOWN OF FOUNTAIN HILLS Page 58 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 58 of 64 MAYOR DICKEY: Can I just mention one thing? There's two things going on. One is the delay and all of the things that we were just talking about. But just to get back to when this first happened, it was never going to be something that was solved right off the bat. And I remember thinking when we spent -- well, when the other Council spent so much to do what they had to do, just knowing that wasn't all of it made an impression me. So that part of it was known that it was not done. So it doesn't say, well, we cleaned it all up and, you know, kind of like what you're saying about the community center. It's not -- that part of it is the same, but there's plenty else there, so I appreciate it. DIRECTOR WELDY: Any additional discussion on this one? This project right here was actually deferred a couple of times throughout the years. It is currently in this year. However, we discovered when we brought it back to life that the documents had never been completed and sealed by the original firm. As a result of that, each of the vendors that we reached out to and asked them to construct it based on their specifications said they would not because it had not been sealed by an engineer. We are currently working with that firm to finalize this and make some minor changes. And the next year, we would move forward with the manufacturing and the installation. And it should also be noted it's taken -- and I'll just say this -- me a considerable amount of time to get that firm to own this and start communicating with staff to address this because, in their opinion, they have been paid for a service and any additional service beyond that is an additional fee. At this point in time, I agree, provided the fee is reasonable. COUNCILMEMBER MAGAZINE: I just don't understand the terminology. When you say it hasn't been sealed, what do you mean by that? DIRECTOR WELDY: When a firm, especially an engineer, designs a project and things that are going to be in the right of way, that project is historically sealed with his or her stamp and then signed and that is their seal of approval, stating that this meets all of the necessary requirements by the local county, state, and federal government to be in the right of way. MANAGER MILLER: It's really essential, and it helps protect the Town from a liability standpoint because some of these are going to have, like, wind loads and things like that, and you can have like a windstorm just blow one of these and hit a car that's driving by. TOWN OF FOUNTAIN HILLS Page 59 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 59 of 64 So it's a good question because a lot of times we don't really see this, but when you see award of contracts for, like, the roundabout or transportation projects, or even when we put in the crosswalk on Saguaro, we had to have a traffic engineer go and design that. And so they take that, come up with a design. They do the analysis, and then they sign it and then basically seal it, and that's basically good as gold. So that -- COUNCILMEMBER MAGAZINE: I'm probably the only one that doesn't understand this. Please repeat where we are with this right now. DIRECTOR WELDY: We have 95 percent plans that need to be sealed by the original design engineer so a firm that manufactures and install these will give us a price to do just that, install and manufacture them. COUNCILMEMBER MAGAZINE: What is the 235,000? DIRECTOR WELDY: That is the estimated cost for design and installation. COUNCILMEMBER MAGAZINE: Oh, it is. MANAGER MILLER: Well, it's mostly -- it's mostly -- it's mostly manufacture and installation. DIRECTOR WELDY: Well, excuse me. Bad word. Not design. Manufacturing and installation. COUNCILMEMBER MAGAZINE: And installation. DIRECTOR WELDY: You're correct. Thank you for that correction. COUNCILMEMBER MAGAZINE: Okay. COUNCILMEMBER MAGAZINE: Are we using a local firm for this manufacture? DIRECTOR WELDY: We'll certainly -- DIRECTOR WELDY: Valley based. DIRECTOR WELDY: -- talk to the local firms, but in this case, these specialty items tend to be a little bit difficult for a local firm to manufacture. Some of these things are eight feet high and five feet wide. MANAGER MILLER: What we'll do is well get -- we'll do a solicitation. So the local companies have an opportunity to go and submit because I believe the locals could do this. It's just that a lot of the materials that are used to actually manufacture these are not things that they keep in stock, and they could find that they probably aren't as competitive because a lot of these are going to be the types of companies that do signage for highway, TOWN OF FOUNTAIN HILLS Page 60 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 60 of 64 like ADOT and MCDOT, but we will definitely do it so that the local companies can also -- COUNCILMEMBER MAGAZINE: I just think that's very important that we try and -- MANAGER MILLER: Yes. COUNCILMEMBER MAGAZINE: -- and work locally if we can. It sends a message. DIRECTOR WELDY: We agree, and we do so. COUNCILMEMBER MAGAZINE: Thank you. COUNCILMEMBER SPELICH: Thanks, Mayor. I -- too piggyback off the vice mayor's comments. I've met with the owners of -- I don't -- the Signart, and he begged us to please let him be a part of the process. I know that there's time, like Grady said, that there are specialty pieces and whatever. But I personally basically promised him that in the future when the Town does do sign things that we would at least give him a shot at it. If he's not competitive, and we can find it cheaper somewhere else, of course, we're going to save money. But at least let's get him involved in the process and let him take a crack at it because I'm with the vice mayor; I think that we should shop local. We preach as councilmembers, eat local, shop local, and all that, that should include a business like that. DIRECTOR WELDY: Absolutely, and we actually engaged that aforementioned for several of our manufacturing of signs. Not our highway signs, but specialty signs and certainly all of our recent plaques have come from that local retail. COUNCILMEMBER SPELICH: Thank you. DIRECTOR WELDY: You're welcome. MAYOR DICKEY: Councilman? COUNCILMEMBER SCHARNOW: You know, I know it's been quite a number of years when this was originally brought up and then kind of scrapped. And so I'm just wondering when this comes forward -- I mean, there'll be kind of a -- you know, a map showing where everything's going and how many signs and -- MAYOR DICKEY: Yes. DIRECTOR WELDY: We still have -- COUNCILMEMBER SCHARNOW: -- all that, I mean. DIRECTOR WELDY: Yep. We still have all of that. TOWN OF FOUNTAIN HILLS Page 61 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 61 of 64 COUNCILMEMBER SCHARNOW: Yeah. Okay. DIRECTOR WELDY: And we will bring this back to the mayor and Council for award of contract for manufacturing and installation. And at that time -- MANAGER MILLER: And in that packet, it will show the maps, where the locations are recommended. MAYOR DICKEY: This is a -- you know, it's kind of annoying, actually, because thinking back to when this happened, I think the sip (ph.) for the signs, themselves, was just over a hundred grand. They spent a hundred grand on the design, which was, you know, really out of hand. If you're looking at it right now, it's like, you know, a design for signs that are going to cost 200,000 was 100,000. And now, to find out that that 100,000 was spent on someone that didn't seal it is particularly annoying, I guess. DIRECTOR WELDY: Understood. Any additional questions or comments on this one? VICE MAYOR FRIEDEL: Wouldn't that be against the terms of the contract for them to not seal it, and if so then they shouldn't be charging extra, right? DIRECTOR WELDY: They're not charging extra. They brought it to the point where it was then deferred by then the mayor and Council. So in their opinion, they brought it to that level. And then the project was scrapped by the mayor and Council, not by them, so their indication is they were paid the full amount of their contract price for the services provided. However, it did not include the final package -- MAYOR DICKEY: But as -- oops. Sorry. DIRECTOR WELDY: -- which included the oversight of manufacturing and also the oversight for installation, which they will not be involved in this time, just the sealing of the documents. MAYOR DICKEY: But as we discussed these other projects and we discussed how important it is to have the design in place, shouldn't it be in place in a way that you can implement it? So to me, like when we talk about anything that we're going to go for a grant, we say, we'll we've already -- now, we have a design. We're ready to go on an intersection or something then, even if they don't -- even if a Council doesn't do it, it should be something that's ready to go in two years or three years or whatever. They did not leave us with a product that's usable. MANAGER MILLER: You're absolutely right. And this is a very highly unusual -- TOWN OF FOUNTAIN HILLS Page 62 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 62 of 64 we've never had this kind of situation happen. Part of what I believe happened is the combination of the Council terminating the project, and also we had a payment schedule. And so I'm not sure, but I don't believe we paid the final final payment, which, you know, this was a payment schedule based on progress, and they do this, and then they'll get paid this. So I believe that's what happened. When it got terminated, we hadn't gotten to that final = point to make the final payment, which was probably just a nominal amount to finish up. MAGAZINE: Right. I was on the Council at the time. I don't remember terminating the project. I remember that we said we just didn't want to spend the amount of money it was going to cost to fabricate them and place them. It seems to me that's a different definition of terminating the project. MANAGER MILLER: Yeah. I would tell you that you're probably right. It was actually in this kind of environment. It was actually at a budget workshop. Or actually, I think it got terminated -- or I shouldn't say terminated. That's not a good term. But I would say that the project got scrapped by the Council at one of these types of workshops. And Council gave us direction, and we communicated that back to the contractor. COUNCILMEMBER MAGAZINE: Well, my recollection is -- again, using the word terminated. I think we didn't want to spend that much money at that time. MAYOR DICKEY: Right. COUNCILMEMBER MAGAZINE: And I think that's different. DIRECTOR WELDY: Yeah. The project was deferred by one year. We brought it back the next year, and we were asked to move it out several years because we had some challenges that we were working with financially. COUNCILMEMBER MAGAZINE: So it was a deferral. It wasn't a cancellation of the project? MANAGER MILLER: I -- MAYOR DICKEY: It should have been usable. MANAGER MILLER: I don't know. I think the Council -- I think over that one year when the Council said that's it, it got resurrected by either the same Council or a future Council. So it really -- it got killed. I mean, I remember that specifically because the TOWN OF FOUNTAIN HILLS Page 63 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 63 of 64 Council -- MANAGER MILLER: The Council -- terminated was a nicer term. But the Council was getting all sort -- if you recall and you were on the Council at the time, the Council was getting beat up by the public over this. And they just thought, why do we need to know how to get to the park or the library or whatever. We don't need signage, so. COUNCILMEMBER MAGAZINE: We didn't -- when we saw the numbers, we didn't need to get beat up by the public. MANAGER MILLER: Yeah. And -- COUNCILMEMBER MAGAZINE: We looked at those numbers and said, you must be kidding me. MANAGER MILLER: And to the Mayor's point, it was a lot of money for the study, but in addition to that, the cost for investing in these signs was more than just these types of signs. We also had three monument signs. So it would be replacing the ones we have on Saguaro, and we were going to put one on McDowell Mountain Road as you come into town. And they were a totally different look. They were very similar to the one on the far left here, but it wouldn't have said, you know, all of those different things. It would have just said "Welcome to Fountain Hills", so that added -- I think, those monument signs added a lot, like almost, what, like 300,000. COUNCILMEMBER MAGAZINE: Let me conclude that I was right. MANAGER MILLER: Half million, just for the monument signs. It was like a half million just for the monument signs. So good discussion. I think Justin did a really good job trying to explain this project. We won't use termination in the future. DIRECTOR WELDY: We're going to wrap it up. This is our five-year horizon that incudes, obviously, the five-year horizon. You'll see that on some of these that they have been moved out or the funding no longer exists. And the reason for that is we currently do not know in regards to the guardrail what we need, so we will ask that that be put back on for the future. This is the summary. The description, obviously, the cost in the lefthand column. And on the right, the recommended deferrals or the projects that have been approved. The ones in red are the ones that we agree need to be deferred. The exception to that -- and I want to make sure that we have the correct notes. We want to look at Palisades and La TOWN OF FOUNTAIN HILLS Page 64 of 64 MARCH 22, 2022 TOWN COUNCIL WORKSHOP ON CIP Page 64 of 64 Montana, correct? MANAGER MILLER: Which is recommended there. Yeah. DIRECTOR WELDY: Okay. All right. This is the final slide of the summary. If you have any questions about the summary slides, I'll do my best to answer them. We're all set. Thanks again for the opportunity and staying late with us again tonight. We appreciate it. MAYOR DICKEY: Go ahead. COUNCILMEMBER MAGAZINE: I just want to -- even though we may not all be in agreement on every one of these, I want to compliment the staff because this is no easy task to come up with all of this and to price things out and so on, so thank you very much. DIRECTOR WELDY: Thank you. MAYOR DICKEY: Anything else? Anybody have any comments or questions? Okay. I think we're ready for a motion to adjourn. COUNCILMEMBER SPELICH: Motion to adjourn. COUNCILMEMBER MAGAZINE: Second. MAYOR DICKEY: All in favor, say aye. IN UNISON: Aye. MAYOR DICKEY: Thank you. Good night. TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 19, 2022                  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held April 19, 2022, to order at 5:30 p.m.   2.MOMENT OF SILENCE    A Moment of Silence was held.   3.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember Alan Magazine Absent: Councilmember David Spelich Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Klein 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER   A.RECOGNITION: Stellar Students of the Month for March 2022   B.PROCLAMATION: Declaring April 17 - 23, 2022, as National Volunteer Appreciation Week.      C.RECOGNITION: Outgoing Board and Commission Members   5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   A.PRESENTATION: Update from Marissa Dailey, new Library Manager for the Fountail Hills Library   6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.   7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.    MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to approve Consent Agenda Items 7-A and 7-B.  Vote: 6 - 0 Passed - Unanimously   A.CONSIDERATION AND POSSIBLE ACTION: Request to apply and take receipt of Prop 202 Grant Funding      B.CONSIDERATION AND POSSIBLE ACTION: on the proposed Communications Strategic Plan and Community Engagement Plan.      8.REGULAR AGENDA   A.CONSIDERATION AND POSSIBLE ACTION: Appointments to the Community Services Advisory Commission, McDowell Mountain Preservation Commission, Planning and Zoning Commission, Sister Cities Advisory Commission, and the Strategic Planning Advisory Commission.       MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Alan Magazine to reappoint Ron Ruppert and Natalie Varela to the Community Services Advisory Commission, terms expiring April 30, 2025; appoint Sherry Irwin to the McDowell Mountain Preservation Commission for the unexpired term ending October 31, 2022, and the full term ending October 31, 2025; reappoint Susan Dempster, Clayton Corey, and Dan Kovakewicz to the Planning and Zoning Commission, terms expiring April 30, 2025, and appoint Patrick Dapaah to the Planning and Zoning Commission, unexpired term expiring April 30, 2023; appoint Marlene Fahrenbach to the Sister Cities Advisory Commission, unexpired term ending October 31, 2023; reappoint Patrick Garman and Bernie Hoenle, and appoint Kevin Beck, to the Strategic Planning Advisory Commission, terms expiring April 30, 2025.  Vote: 6 - 0 Passed - Unanimously   B.CONSIDERATION AND POSSIBLE ACTION: Approving the Master Trail Plan for Fountain Hills McDowell Mountain Preserve.       Written comment cards in support of approval were received from Jeff Esposito, Jude Town Council Regular Meeting of April 19, 2022 2 of 5  Written comment cards in support of approval were received from Jeff Esposito, Jude Martin, James Janya, Steven Nurney, Steven Ehrlich, Fred James, Sherri James, Sylva Leduc, William Hinz, Stan Johnson, Lynn Locklear, Clifford King, Peter A. Michell, Nathan Sorenson, Pam Cissik, Dennis Johnson, Janice Holden, Cheryl Piccirilli, Bill Jaeger.    MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Sharron Grzybowski to approve the Master Train Plan for Fountain Hills McDowell Mountain Preserve.  Vote: 6 - 0 Passed - Unanimously   C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-10 approving the construction of the North Leg Trail.       Written comment cards in support of approval were received from Pam Cissik, Steven Nurney, William Hinz, Bill Jaeger, Steven Ehrlich, Fred James, Sherri James, Sylva Leduc, Jeff Esposito, Jude Martin, James Kanya, Bill Myers, Denise Clark, Lynn Locklear, Clifford King, Stan Johnson, Nathan Sorenson, Janice Holden, Dennis Johnson, Cheryl Piccirilli.    MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2022-10.  Vote: 6 - 0 Passed - Unanimously   D.CONSIDERATION AND POSSIBLE ACTION: Approving the PlaySpace Designs Contract 2021-048.1 Amendment for the addition of two ramadas at Four Peaks Park.       MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron Grzybowski to approve the amendment to PlaySpace Designs Contract 2021-048.1 for the purchase and installation of two ramadas at Four Peaks Park  Vote: 6 - 0 Passed - Unanimously   E.CONSIDERATION AND POSSIBLE ACTION: regarding an amended site plan for Park Place Phase II (16845 E. Avenue of the Fountains) and Phase III (13000 block of N. Verde River, west side).       A written comment card in support of approval was received from Betsy LaVoie.    MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Mike Scharnow to approve the amended site plan for Park Place Phases II and III subject to: a)providing a complete site plan package as required by Section 2.04 of the Zoning Ordinance; and b) meeting all requirements Town policies, codes, and ordinances  Vote: 5 - 1 Passed  NAY: Councilmember Alan Magazine Town Council Regular Meeting of April 19, 2022 3 of 5   F.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-16, Second Amendment to the Development Agreement between the Town and Palisades Resorts, LLC regarding an extension of time for further development of Copperwynd (aka Adero Scottsdale)       Written comment cards in support of approval were received from Jay Schlum, Bill Craig, and Sarah Nolan.    MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Alan Magazine to adopt Resolution 2022-16.  Vote: 6 - 0 Passed - Unanimously   G.CONSIDERATION AND POSSIBLE ACTION: of approving the Second Amendment to Cooperative Purchase Agreement C2022-027 between the Town and Franklin Striping, INC for pavement marking.       MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Mike Scharnow to approve the Second Amendment to contract C2022-027 with Franklin Striping, INC, in the amount of $100,000.00, annually.  Vote: 6 - 0 Passed - Unanimously   H.CONSIDERATION AND POSSIBLE ACTION: on proposed policy suggestions to submit to the policy committees of the Arizona League of Cities and Towns for consideration by the Resolutions Committee.      I.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.       Discussion.   9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.    None.   10.ADJOURNMENT    MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Mike Scharnow to adjourn.  Vote: 6 - 0 Passed - Unanimously    The Regular Meeting of the Fountain Hills Town Council held April 19, 2022, adjourned Town Council Regular Meeting of April 19, 2022 4 of 5  The Regular Meeting of the Fountain Hills Town Council held April 19, 2022, adjourned at 8:11 p.m.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Klein, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 19th day of April, 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of May, 2022. _________________________________ Elizabeth A. Klein, Town Clerk Town Council Regular Meeting of April 19, 2022 5 of 5 TOWN OF FOUNTAIN HILLS Page 1 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 1 of 66 Post-Production File Town of Fountain Hills April 19, 2022 Regular Town Council Meeting Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 2 of 66 MAYOR DICKEY: Good evening, everyone. Welcome. Please stand for the pledge and remain standing. [Pledge] MAYOR DICKEY: Thank you. Please remain standing for a moment of silence. Thank you. All right. Roll call, please. TOWN CLERK KLEIN: Mayor Dickey? MAYOR DICKEY: Here. TOWN CLERK KLEIN: Vice Mayor Friedel? VICE MAYOR FRIEDEL: Present. TOWN CLERK KLEIN: Councilmember McMahon? COUNCILMEMBER MCMAHON: Here. TOWN CLERK KLEIN: Councilmember Scharnow? COUNCILMEMBER SCHARNOW: Here. TOWN CLERK KLEIN: Councilmember Magazine? COUNCILMEMBER MAGAZINE: Here. TOWN CLERK KLEIN: Councilmember Spelich? COUNCILMEMBER SPELICH: (Indiscernible). TOWN CLERK KLEIN: Councilmember Grzybowski? COUNCILMEMBER GRZYBOWSKI: Present. MAYOR DICKEY: Thank you so much. We start, as always, with our reports. Town Manager and Councilmembers? MANAGER MILLER: Mayor, I'm sorry. You caught me off guard, and I have no -- I have no report though. Thank you. MAYOR DICKEY: Sorry about that. MANAGER MILLER: It's okay. COUNCILMEMBER MCMahon: Good evening, everybody. I would like to thank Mayor Dickey and Grady Miller for inviting me to participate in a meeting with the County Assessor, Mr. Cook and his chief of staff. It was a great meeting, and we learned what a valuable team he has there and how they're improving the County Assessor's Office. TOWN OF FOUNTAIN HILLS Page 3 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 3 of 66 And I would also like to remind everybody that this Thursday night, at 6:30 in the Community Center, we're going to have a Cares educational forum evening about living with dementia. We have a great speaker, and it's going to be a very informative session. And also, at the end of the month, on Saturday, April 30th at the Community Center, we're going to host the annual Sister Cities annual session, so I hope all of you attend as well. It's really an honor to be selected to host this convention. Thank you. COUNCILMEMBER SCHARNOW: Yes. Thank you, Madam Mayor. Kind of two Easter-related events, I guess. I was at the tremendously successful Eggstravaganza. The Noon Kiwanis Club had our food booth there offering pancake breakfast, and it seemed like thousands and thousands of kids, and it was over in two minutes. And it went very well, so kudos to the Community Services Department for pulling it off once again. And the other event was a Sunrise Service at Fountain Park, and that's always a motivating and inspirational event, and you know, beautiful weather. So thank you. MAYOR DICKEY: Thanks, Mike. Councilwoman? COUNCILMEMBER GRZYBOWSKI: I attended the Phoenix East Valley Transportation, Infrastructure meeting a couple of weeks ago. And this morning, I also had the pleasure of attending the virtual Medical Reserve Corps awards. Our own Maricopa County Department of Public Health Medical Reserve Corps -- and I can get you notes on that in case you didn't type that fast -- they received the Community Response award, COVID-19: Multi-Mission category. Also noteworthy, our Maricopa Medical Reserve Corps program received a $10,000 grant for Operation Readiness and a $75,000 award from RISE, which stands for Respond, Innovate, Sustain, and Equip. Both of these awards came from the National Association of County and City Health Officials. The money will be used for training and equipment for the Maricopa volunteers. MAYOR DICKEY: Thanks very much. I wanted to -- I got a message on behalf of our neighbor, the Salt River Maricopa-Pima Indian Community, President Harvier, regarding the terrible accident that was on Beeline that took the life of Firefighter Brendan Bessee and critically injured Firefighter Tyler Packer. So this is what he wrote. "As a community, we ask for your thoughts and prayers for the families of these two firefighters. Also prayers are needed for the Salt River Fire Department as they navigate TOWN OF FOUNTAIN HILLS Page 4 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 4 of 66 through this very difficult time, losing one of their own, and thinking about their brother in the hospital. I also want to acknowledge that outside agencies have been and will continue to be in the community helping to respond to emergency calls for service during this difficult time." The president said he appreciates very much the extensive support that Fountain Hills Fire and Chief Ott are provided for the community. The services were held on Saturday in Miami, Arizona, and I very much want to thank Chief Ott and the others because they were very much involved with this. Most of what I did had to do with economic activity and development. Boys & Girls Club meet about some partnerships there. Did a tourism video. I think this week or next week is Tourism Week. And Earth Day, one that's, I think was just posted yesterday. Bo, thank you. They had the ribbon cutting at Mathnasium, so that was good. Sharron was there for that. As a math major, I appreciated that one. And did an interview on -- it's going to be on Channel 10, but it's kind of a show about real estate and having people attracting them to the State of Arizona, so that was pretty good too. Next, so we have our Stellar Students of the Month for March. I will do like I always do. I read everybody's stuff up here, and Angela gives you your certificates, and we'll line up, and Bob from the Times will take a photo. So let me start with -- we always start with McDowell Mountain, so Eloise Robinson; is she here? Yay. I'm so proud to nominate Eloise Robinson as a Stellar Student. Eloise goes above and beyond expectations in her art through her creative ideas, assistance to students in need, and quality craftsmanship. She's a model student for respect and responsibility by showing care in her space and her peers. She's so kind to others, not just in the art room, but throughout McDowell Mountain Elementary School. Congratulations to Eloise on being a stellar student and person. Yay. All right. Next is Pablo Michel from McDowell Mountain; are you here? Yay. Go up there, honey. Oh, there you go. Yeah. And she's going to give you your certificate. It's an honor to nominate Pablo as Stellar Student. Pablo is kind and helpful to others in art class and around McDowell Mountain Elementary School. Pablo puts his best effort TOWN OF FOUNTAIN HILLS Page 5 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 5 of 66 into everything he does and takes pride in the art he creates. Pablo also is not afraid to try new things and explore new ideas. Congratulations, Pablo, on being a stellar student and person. Next, we have the middle school. Claire Stumpf, are you here? Yay. Claire is a joy to have in class with her hardworking attitude and her great smile. She is a friend to everyone and always does her best while here at Fountain Hills Middle School. We're so lucky to have Claire in our classes and see great things for her moving forward. How about that? Also from the middle school is Ryder Slodownik. Yay. Ryder has had a great year here at Fountain Hills Middle School. He continues to grow as a student and as a classroom leader. Ryder has made a strong commitment to his studies and living the Falcon way while here at Fountain Hills Middle School. Thank you, Ryder. And the high school; Oliva Sopeland. Liv is active, playing sports during three seasons. She prioritizes well, making sure to get her work done prior to doing anything else when she's in class. She's helpful to the students around her and willing to help them learn difficult concepts. Thank you, Oliva. And also, from the high school, Tyler Langer. Tyler here? Well, we'll talk about him anyway. Tyler, Ty, is involved in many sports and always remains on top of his work. If he misses a day of school, he comes in to get his missing work as soon as he can, and then he gets it turned in right away. He's able to successfully juggle many different responsibilities. Tyler Langer. All right. We'll get a picture taken, and then you guys are welcome to stay of course, but you can also go out and celebrate, too. So do that. All right. Guys, let's squeeze in a little bit. Okay. Look at Bob. All right. Thank you, guys so much. (Indiscernible). Thank you. Thank you, (indiscernible). MAYOR DICKEY: All right. So next we're going to do National Volunteer Appreciation Week. And I'll ask Kim to come up, please. You here, Kimberly? Yes. There you are. So Kim Wickland is our Volunteer Coordinator, so she's going to be accepting this on TOWN OF FOUNTAIN HILLS Page 6 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 6 of 66 behalf of all of our wonderful volunteers here in Fountain Hills, and I have a proclamation to read. And then you can say a few words if you like for thanks. Whereas National Volunteer Week was established in 1974 -- you can come closer -- and has grown exponentially each year with thousands of volunteer projects and special events scheduled throughout the week; and whereas National Volunteer Week is an opportunity to recognize the impact of volunteer service and the power of volunteers to tackle society's greatest challenges, to build stronger communities and be a force that transforms the world; and whereas their stories serve to inspire others to take action, realize their power to make a difference, and be a force that transforms the world. And National Volunteer Week is an opportunity to recognize and thank volunteers who lend their time, talent, voice, and support to the causes that they care about. And today, as people strive to lead lives that reflect their values, the expression of civic life has evolved. Whether online, at the office, at the local foodbank; whether with a vote, a voice, or a wallet, doing good comes in many forms, and we recognize and celebrate them all. So therefore I, Mayor Ginny Dickey, proclaim the week of April 17th through the 23rd as National Volunteer Appreciation Week in the Town of Fountain Hills and encourage all citizens to observe this week by celebrating the important work that volunteers do every day throughout the community. So thank you, Kimberly, so much, and I'm sure -- yes, let's clap. [Applause] No one knows better than she the value of everything that happens here in this town with our volunteers. So if you'd like to say a few words. WICKLAND: Well, no. I think it's well said. I thank you. It's an amazing town, and it's such a privilege to work with such a prideful, dedicated group. So no. MAYOR DICKEY: Yay. WICKLAND: Thank you for all your service. MAYOR DICKEY: Thank you. We appreciate it so much. Oh, sorry. Do you want to go -- Thanks again. We all know that volunteers run our town. MAYOR DICKEY: And we also have a recognition for a Strategic Planning Advisory Commissioner who is retiring, Chad Bernick. Okay. Come on up. You get one too. TOWN OF FOUNTAIN HILLS Page 7 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 7 of 66 BERNICK: Thank you. MAYOR DICKEY: Thank you. So we would like to recognize Chad who was appointed to the Strategic Planning Advisory Commission by the Council on August 2019. Chad was actively involved for all Commission projects and initiatives, including development of the 2022 Strategic Plan. The Council and your fellow commissioners appreciate Chad's knowledge, dedication, and contributions to the Commission and to the Town of Fountain Hills. Thank you so much. Would you like to say a few words? BERNICK: No, I (indiscernible). MAYOR DICKEY: Well, we appreciate all of your work on the -- again, it's a volunteer, right, so thank you so much. BERNICK: Thank you. MAYOR DICKEY: Thank you, everyone. Next we have our scheduled public appearances and presentations. And tonight, we're going to hear from Marissa Dailey, who's our new manager for the Fountain Hills Library. Yay. Welcome. DAILEY: (Indiscernible)? MAYOR DICKEY: Yes. That's great. Yeah. The camera will be on you, so that'll be good. Thanks. DAILEY: Okay. [CROSS TALK] DAILEY: Hi. I'm Marissa Dailey, the library manager for the Fountain Hills branch, a branch of the Maricopa County Library District. Our 15,000 square foot building is across from the Centennial Circle from the Community Center. We are open Monday through Thursday from 9 a.m. to 8 p.m. and Friday and Saturday from 9 a.m. to 5 p.m. All Maricopa County residents are invited to join the library for free with valid ID. Nonresidents are welcome for a small fee. Please come and say hi. So when you think of a library, what comes to mind? A typical answer, books, obviously. So libraries, as you guess, are more than a building of bookshelves. Fundamentally, today's libraries provide access to information, access to assistance, the internet, equipment, and experiences. The mission of the library district is to provide access and services so residents experience an improved quality of life. Our vision is as TOWN OF FOUNTAIN HILLS Page 8 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 8 of 66 the vibrant community front porch, we aspire to meet the changing need of our diverse and connected residents. So what does this mean? What exactly does your local library provide? Great question. I'd love to tell you. We have a few -- just some of the few resources I'll talk about today. Ancestry Library; it's a genealogy database that covers billions of records from census data to directories and photos and family trees. It gives you access to more than 9,000 databases and 200 billion images from the United States, the United Kingdom, Canada, Europe, and Australia. Once the records you need are located, you can email them to yourself. It's a read-only database and can only be accessed within the library. But it's a powerful search engine, and it'll help you pinpoint genealogical records. Second is Flipster. Flipster is a digital newsstand with on-demand access to your favorite magazines. It offers hundreds of titles and categories like science, technology, lifestyle, current events, entertainment, and more. Magazines are available using a web browser, Android, IOS, Kindle Fire device. You can read offline by downloading issues to a mobile device. Current and back issues are available on demand, which means there are no holds lists or waiting periods. Lastly, Rocket Languages. It's a language-learning website, an app that teaches you practical real-world conversations in a new language. Start with interactive audio lessons where you learn basic conversational phrases, explore the culture and structure of a language, or practice writing with easy-to-follow directions and explanations. You can also take this on the go with a Rocket Languages app. The next two resources I have highlighted here, Brainfuse. Brainfuse is an incredible tool with a variety of uses. Brainfuse HelpNow provides help with homework, foreign language assistance, writing labs, and adult learning content, such as GED, and live professional assistance in resume/cover letter writing. I've tested this. I submitted my resume just for fun to see how long it would take. It was quick, and I had great suggestions on organization and format. It was really, really cool. Let's see. In addition, U.S. citizenship prep, Microsoft Office essential skills, and more. In addition we have Brainfuse JobNow, which provides live job coaching, also real-time interview practice, and full-service resume lab and job hunting help. And then, lastly, Brainfuse VetNow, which is a resource to connect with an expert to learn more about TOWN OF FOUNTAIN HILLS Page 9 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 9 of 66 eligible VA benefits and community resources. Lastly, Gale Courses offer a wide variety or a wide range of highly interactive instructor- led courses that you can take entirely online. Courses run for about six weeks, and there's a new one every month. Some of our popular courses are Discover Sign Language, Accounting Fundamentals, and Introduction to Interior Design. So physically, back to the books-ish, the library houses over 31,000 physical items, saved books, DVDs, music CDs, and audiobooks. We also have Chrome Books, mobile hotspots, telescopes, sign kits [sic], and seeds, all to borrow. As we've seen over the past two years, the need for digital equity has been exposed. It is estimated that 1.3 million Arizonans need internet. Connected @ Your Library brings technology and internet access into our communities. Library customers can check out a Chrome Book or a hotspot to use at home and get access to the library's online services and resources. The Town of Fountain Hills is a member of the International Dark-Sky Association. As such, we have three loanable telescope for community use. And lastly, purchased from an Arizona vendor, generously donated by the Fountain Hills Friends of the Library, a seed collection. We have a rotating variety of fruit, vegetables, and native flower blends that are rotated by recommended planting season. So another really wonder resource at the library are streaming options. Between all the streaming services that are available, you may be spending close to $600 annually. But with your Maricopa County library card, you have access to over 44,000 streaming digital media. One for example, Kanopy provides access to thousands of movies. Hoopla hosts a variety of comic books, movies, television, audio books, and more. Continuing eresources, some of our most popular resources are Libby, hoopla, Kanopy, and Freegal. Libby is the most popular, formally OverDrive. Libby can house several library cards from different library systems and keep all of your borrowed and held material in one place. So as a resident of Maricopa County, I have my library for Fountain Hills, Maricopa County Library District 10B, Chandler, Phoenix, all of my libraries in one spot. That way I can find the shortest hold. It's really neat. Additionally, access to The Great Courses is available through Libby. The Great Courses Library Collection video streaming service is brought to you by The Great Courses, the TOWN OF FOUNTAIN HILLS Page 10 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 10 of 66 leading global media brand for lifelong learning and personal enrichment. This collection includes more than 250 courses led by the world's top experts, covering a broad range of subjects such as science, mathematics, philosophy, history, literature, fine arts, music, travel, business, and personal development. hoopla is another customer favorite. A benefit to borrowing your items with hoopla is if you find an item you want to borrow, there are no holds. Your item is available immediately. So if you're familiar with holding items through the library, sometimes there's a little bit of wait to get to the newest popular titles. Kanopy, an incredible resource for streaming content, documentaries, movies, performances. There is a section specifically for children. Kanopy provides a lot of content you would find on costly streaming services. And then last on the list is Freegal. Freegal offers access to about 15 million songs, including Sony Music's catalog of legendary artists and over 40,000 music videos. In total, the collection is comprised of music from over 40,000 labels with music that originates from over 100 companies. And a bonus is there's no software to download. So we are very fortunate in Maricopa County Library District to partner with a 501(c)(3) called Act One. Act One provides culture passes that provide access to the arts for students, retirees, families, or anyone that would otherwise not have the financial capabilities to visit Arizona's arts and cultural treasures. Cultural passes will provide you with admission for two people at each participating organization. They must be checked out at the library. Customers are limited to one pass per family at a time. And they are not renewable or cannot be requested in advance. You can always check the catalog to see if they're available. So some of the great places you can see for free with your library card, the Fountain Hills Library's Culture Pass is for the Scottsdale Museum of Contemporary Art, the Phoenix Art Museum, and the University of Arizona Museum of Art, Arcosonti, the Superstition Mountain Museum, the Pueblo Grande Museum, Cave Creek Museum, Sedona Heritage Museum, Desert Caballeros Western Museum, the Reid Park Zoo, the Heard Museum, and the most popular right now, can't keep on the shelf, is the Desert Botanical Garden. So our talented librarians work on an incredibly diverse range of programs that are available virtually. I have a short video that was made by the library district in April of TOWN OF FOUNTAIN HILLS Page 11 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 11 of 66 2021 that highlights the work that our staff has been working on. I don't want to hurt anybody's ears. It's a really loud video. Oh, can't hear it. Just keep going? The opposite problem. [VIDEO] DAILEY: You're really good at that. Okay. In October of 2021, Maricopa County Library District partnered with the Maricopa County Department of Public Health to distribute COVID-19 at-home tests. The County Department of Public Health were specifically interested in making the kits available in areas with few affordable options for residents to get tested for the virus. We recognized this as an opportunity to do what libraries do best, remove barriers to access to help our residents experience an improved quality of life. We knew that there are customers at each 18 of our libraries that may face challenges in purchasing an at-home test kit. The Fountain Hills branch was steadily distributing at-home tests via curbside until demand outgrew our supply, and unfortunately, there was a national shortage of availability around the holiday season. During this shortage, we had two strategically timed distributions on a first come, first serve basis. If anybody can remember, we had a line of cars from the curbside drive all the way down to Saguaro Boulevard. Between both days, we handed out about 282 test kits in less than 30 minutes. While we were able to assist a lot of people, we had to turn a lot of people away as well. Fountain Hills was able to resume distribution in February of 2022, and beginning April 18th, all Maricopa County libraries will resume distributing at-home COVID tests. Since our original launch, Maricopa County Library District has distributed over 45,000 at- home tests which contain over 90,000 tests. We are so fortunate to be able to help our communities in this way. Branches started offering a small fleet of programs in December of 2021 and added more programs in January 2022. We plan to start small and grow the number of programs as we go, but I am proud to say that the Fountain Hills is safely rolling out several incredible programs for the community. We have had free yoga on the River of Time patio -- River of Time Museum patio, Preschoolers Story Time With Ms. Christie (ph.), and much more. There is a film club, reading to miniature therapy horses, the Arizona Science TOWN OF FOUNTAIN HILLS Page 12 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 12 of 66 Center will be at our library on May 2nd from 5 to 8 p.m. And we've got a lot of other really exciting things, things in the works for teens, tweens, and young adults. All of our events can be found online at mcldaz.org. You can start your own book club. Each book club box contains materials for you and up to nine others to read all the same book. Also included are prompts for engaging discussions and more. Each book club box contains the same amount of titles for you and your club members to read. And then they can be checked out two at a time for up to six weeks. So we have fiction and nonfiction available. Summer and winter reading programs. Our reading programs create a reading life-long habit. We can encourage -- we can encourage reluctant readers that may be drawn in by our activities and prizes. Reading over the summer helps children keep literacy skills. Furthermore, these programs can generate or regenerate interest in library and books. Maricopa County Reads is the award-winning, online, summer reading program provided by the Maricopa County Library District to all public libraries within Maricopa County. So we just finished, in February, our winter reading program. The theme was Discover Winter Tales. It's an online reading program specifically geared for adults. It runs December through February. The goal of the program is to foster a love of reading and promote the value of adult literacy. Additionally, we collaborated with the Maricopa County Sheriff's Office to offer a paper version of the program in an effort to encourage literacy among adults experiencing incarceration. This winter we had 1,468 participants read 1,590,573 minutes, and 762 participants completed the program, which is about 52 percent, so that's good. This summer, please sign up May 1st. That's when sign ups start. We have our summer reading program. The theme is Oceans of Possibilities. There are two main goals of a summer reading program. One is to interrupt the summer slide, the common term given to learning loss experienced by children when transitioning between school years; and two, promote literacy among children and their families. So as children and families recover from the unpredictability of the 2020/2021 school year and move into another irregular school year, accomplishing these goals became more important. So some of our objectives are challenging all participants to read at least 20 minutes a day, build a home library -- and this is encouraged by reading minutes, get a free book -- TOWN OF FOUNTAIN HILLS Page 13 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 13 of 66 communicate literacy messages in simple, easy-to-understand ways, emphasize the fun of reading -- we have lots of programs, lots of decoration that's coming, very exciting -- and reconnect participants with community experiences through prizes, virtual programming, and challenges. So this year, summer reading 2021, 2,707 participants filled out a survey upon the completion of their program. 87 percent of respondents learned something new from what they read or experienced. 84 percent of respondents enjoy reading more. 84 percent of respondents read more often. 82 percent of respondents want to use the library resources more often. 83 percent of respondents maintained or increased their reading. And then 99 percent of respondents plan to participate next year. So again, Oceans of Possibilities, registration opens May 1st. We have some really exciting prizes this year. And I have to say thank you to the Fountain Hills Friends of the Library for all their generous support. They work tirelessly, stocking the bookstore and supporting other causes. They're incredible. Yes. Citizen Science Kits. So a Citizen Science Kit is a small box that contains everything you need for a specific science experiment. Each kit includes a printed activity guide, helpful tips, and any specialized tools or materials you need to complete the project. All Maricopa County libraries have five different Citizen Science Kits available for you to check out. We have exploring biodiversity, document and identify plants and animals around you; measure light in the night, help gather light pollution data -- so that's a really fascinating one for Fountain Hills -- monitoring air quality, capture measurements using an air beam sensor; and zombie hunting. Is the zombie flu attacking bees in your neighborhood? And then, stream mapping. Use wet/dry mapping to help chart streams near you. There are three ways to request a Citizen Science Kit. Stop by the library, place a request online, or give us a call, 602-652-3000. Okay. So why am I here? I'm here to reintroduce the community to the library. Before March of 2020, we had more guests. But as you can see, we're really getting back there. Come see what has changed, what hasn't changed, or just come say hi. Staff will extend a warm welcome the second you enter the library. We have so much to offer and truly something for everyone. We want you. So that's all. Please come sign up for a library card if you don't have one. And then I TOWN OF FOUNTAIN HILLS Page 14 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 14 of 66 have contact information I will leave up if anybody needs it. Thank you, guys, so much for your time. MAYOR DICKEY: Well, thank you much. Wait. Wait. Wait. DAILEY: Oh, my gosh. MAYOR DICKEY: I'm sure we have questions or whatever, but let's say thank you. [Applause] MAYOR DICKEY: I do wish you were a little more enthused about this. Anybody have any questions or comments? Yes, Vice Mayor? COUNCILMEMBER FRIEDEL: So if somebody has misplaced their library card, what do they do? DAILEY: Come in. We'll help you, absolutely. Yeah. We can get you a new one. COUNCILMEMBER FRIEDEL: Yeah, asking for a friend. COUNCILMEMBER FRIEDEL: Asking for Mike. DAILEY: There's no shame. As long as you come back, that's our goal. MAYOR DICKEY: Well, thank you so much. There's so much about this we didn't know. Oh, yes? Go ahead. TOWN MANAGER MILLER: I just wanted to just tell you that this is just a great community partnership. And a lot of people don't realize this, but the library, as you know, is provided by Maricopa County. We all pay this on our tax bill. So we really have the best of all worlds. We have a community library in our own community. A lot of other cities and towns in the valley don't necessarily have a library that is either their own or provided by Maricopa County Library District, so we're very fortunate with that. And they actually do a great job of partnering with the community and our staff to always be like an extension of the town as if they are our own town library, so we really do appreciate it. Thank you, Marissa. DAILEY: We do too. MAYOR DICKEY: Thank you so much. Yes, ma'am. COUNCILMEMBER GRZYBOWSKI: Every time I hear you guys speak, I swear I TOWN OF FOUNTAIN HILLS Page 15 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 15 of 66 learn something new. DAILEY: Oh, that's good. COUNCILMEMBER GRZYBOWSKI: You have book club boxes? Who knew that was a thing? Thanks, Marissa. DAILEY: No. Thank you. MAYOR DICKEY: Thank you so much. DAILEY: Thank you, guys. MAYOR DICKEY: Okay. Our next item is Call to the Public. Do we have speaker cards? Okay. Thank you. I was asked to -- MAYOR DICKEY: I'm sorry. I was asked to remind that to say your city or town but not your address, please. Thanks. CLERK KLEIN: First one is Barbara Smith (ph.). Is she here? This came in online -- MAYOR DICKEY: Oh, okay. CLERK KLEIN: -- last week, but she said she wanted to speak tonight, but she's not here. Okay. Next one is Verona Barts. BARTS: Hello. My name is Verona Barts, as you just heard. And I live on 16947 -- MAYOR DICKEY: Give just your city. Just -- BARTS: Pardon me? MAYOR DICKEY: Just your city not your real -- not your actual address, please. BARTS: Oh, okay. MAYOR DICKEY: For your own privacy. BARTS: Okay. All right. That's great. But anyway, the area is in a neighborhood on Shea Boulevard right across from the Comfort Inn. And I'm sure you all know where that is. It's by Denny's. And there's a Circle K gas station there. And the reason I'm here today is to call attention to the general deterioration of the area. And the reason I'm here is I've noticed it walking. We've walked twice a week in this area. And in a nutshell, I'll tell you that it's deteriorating. The shopping area about Target, the surrounding neighborhood. There is trash buildup along the wash in front of Target there along the wall. There is overnight parking that says no overnight parking allowed. There is poor street sweeping. They sweep in the center of street instead of the sides in a lot of TOWN OF FOUNTAIN HILLS Page 16 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 16 of 66 areas. There's a stop sign down in the shopping center on one of the drives where you come in. It's been down there for probably four months. Nobody sees it. It's hidden. Somebody knocked it down, and they never put it back up. There's homelessness. There's pillows and blankets along Technology Drive. There's, along the Unnamed Alley (ph.) -- they call it the Unnamed Alley -- there's stones and brush accumulation. And so I kind of gave a sheet of paper. I don't want to go too long, but there is deterioration that we've noticed over the year. The wash near Saguaro Drive has trash. There's trash in the shopping in the shopping center area, all over on Technology Drive in the washes along -- we walk all through that area, about two and a half miles, so it's not just in Target. It's all along that neighborhood area. The Target store has some people picking trash up, but they're trying to do a good job, but it's above what they're doing. There's not enough trash barrels located there. There's two or three clothing areas along for collection of shoes and clothing, and right along those, there's just trash already accumulated. If you go there, you'd see it. And I'm sure a lot of people don't notice it because they don't walk there, but it is getting worse. Okay. There's homeless vehicles there. There was an overnight vehicle there. Today, there is cars there with dogs in them, and they're staying overnight, and they're barking when we walk by. This violates the property sign, and I don't know who manages that property, but it's not just that property. It's areas around there too that that's happening. The entrance to the -- that's the entrance to the sandwich shop. That's where the stop sign is. Okay. I don't know if you know where the sandwich shop was or not, but that's where it is. It's on that corner there. Okay. Throughout there -- and I already mentioned about the street sweeper is not doing both sides of the street. And the gutters have an accumulation of brush and leaves along Technology Drive and bushes. MAYOR DICKEY: Thank you. We have a -- the red light went on, but the noise didn't beep, so sorry. BARTS: Oh, I'm so sorry. MAYOR DICKEY: There's like a three-minute thing, so -- BARTS: Okay. TOWN OF FOUNTAIN HILLS Page 17 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 17 of 66 MAYOR DICKEY: But we do have your written -- and I think we will definitely-- MANAGER MILLER: Mayor, if I can get from the resident -- if you could provide me the written documentation that you were reading from, if that's okay, then I will have the staff follow up on it. MAYOR DICKEY: I think we have it. I think we have it. MANAGER MILLER: Okay. I don't think I saw it. BARTS: Yeah. Yeah. I do have it. Yeah. MAYOR DICKEY: Thank you. Yeah. MANAGER MILLER: Thank you. BARTS: But in a nutshell, I just kind of told you the beginning of it. Okay. MAYOR DICKEY: Yeah. Got it. Thank you. BARTS: And I would appreciate your attention to that. Thank you very much. MAYOR DICKEY: You bet. Thanks. CLERK KLEIN: Next is Christine McGinn. MCGINN: Good evening, Fountain Hills residents and registered voter, person presiding officer, rather than adhering to the oath of office you swore to uphold: be dedicated to the highest ideals of honor, ethics, and integrity in all public and personal relationships, we shall conduct ourselves as to maintain public confidence in town government and in the performance of the public trust. Instead, several of you are sending the message that this is your new oath of office: we shall hide behind the guise of an executive session and attorney-client privilege to sweep unethical and egregious behavior by a sitting councilmember under the rug, not listen to the voters of this town. Instead, we shall listen to business owners -- do not live here or vote here, not listen to the advice of commissions appointed to serve us -- that would be irresponsible behavior -- allow sitting councilmembers to implicate one another in unethical behavior at a local business even when there is no reason to be there; pretend to be nomination petition enforcement officers; continue to pretend we are all about residents first and transparency even when evidence supports the contrary; continue to be complacent and condone unethical behavior, particularly if an independent attorney finds one of us guilty of multiple violations. We agree to conspire together to protect our lives. In doing so, we accept and agree we TOWN OF FOUNTAIN HILLS Page 18 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 18 of 66 are similarly in violation of the town ethics we were swore under oath to uphold. But we must protect each other. And finally, we will listen to baseless legal opinion that is contrary to case precedence at the federal and state levels. We have lost confidence in many of you. Don't bother with excuses or rebuttal because in the words of your brethren, frankly, it falls on deaf ears. This isn't personal. It's demanding that you manage this town ethically and under the oath you swore to uphold. This means listening to the majority and having the balls to stand up for the residents. Try listening independently instead of blindly following your ringleader. We need more independent thinkers like Senator Sinema who votes in the interest of the people not party lines or false bravado. Thank you. CLERK KLEIN: Sheryl Stiles. STILES: Good evening, Mayor and Town Council. Thank you for the opportunity to speak tonight. I'm Cheryl Styles, and I am a homeowner over the El Lago Cavern Arroyo 602A school property. On February 23rd, an investment company presented to the school district a proposal to bulldoze and raze Arroyo 602A and build 155 high-density homes. According to the board minutes, they will be coming to the Council to discuss with you the best use of the arroyo. The homeowners would like you to know our position. The homeowners have appeared twice before the school board recently with over 50 homeowners in attendance, and we have asked them not to sell the property but to consider alternatives to not put the 155 homes which are in a V-shaped arroyo that have an elevation change from the top of over 100 foot drop down to the bottom of Cavern with slopes up and over 15 percent in some areas and over 25 percent in other areas. Our homes are on this ridge. Homeowners of the ridge are greatly concerned over the proposed development, resulting in the destabilization of our foundations and our properties. Fountain Hills, as you know, was founded in 1970. C.V. Wood was designed to -- was hired to design Fountain Hills to preserve the beauty and the nature of our hills. Our original town masterplan and declaration of reservations also supported the retention of the beautiful nature contours of the land, our rolling hills, wide boulevards, and scenic TOWN OF FOUNTAIN HILLS Page 19 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 19 of 66 vistas, as you know. How do I know this? I'm actually the second generation of my family owning the same property over the arroyo. The development battle has gone on between the town and homeowners '86, '87, '90, '95, and now again. Prior proposals of 85 properties were dismissed, but now the proposal's 155 properties at the school. Let alone the cut and the fill which will destabilize our existing homes and foundations and devastate, more importantly, the natural drainage of the Sunflower Wash. If you look at FEMA flood maps, that's actually a wash. It's very steep. It goes down, goes across Cavern. When it rains, El Lago is a river, and so is going down the arroyo. Now we're asking that -- we're concerned that the 155 properties of not-like size, comparable nature to the existing neighborhood, let alone the cut and the fill problems, will disturb the entire neighborhood. We would like to stop battling and determine an acceptable solution. Let's not go a third generation for this. Remember Arroyo 602A is Sunflower Wash. Cut and fill changes change the typography of the land and drainage, and it puts at risk the existing homes on the flood map. (Indiscernible) preserves the natural arroyo slope, do not destabilize our homes, and put drainage, rainwater, and monsoon water in our homes. And we ask you to guide the school district not to sell the property but to use it as parkland as was originally shown on the plat maps that I have. Thank you very much. Thank you. CLERK KLEIN: Marilou Russo. RUSSO: Good evening, Madam Mayor, Town Council. It's quite the week. This evening I come to the Council with the ask for help in the near future. Of recent, I and my neighbors became aware of the FHSD wish to call in their rainy-day fund. Sell Arroyo 602A El Lago, 203 Arroyo Vista Drive, 506C Aspen Arroyo. We are beginning to gather. I live by 602A, the property between El Lago and Cavern. I'm sure this topic is not new to you so I'm not going to jump into details. We're going to have a lot of time together I'm sure. I feel the proposal to sell the properties belonging to the school district, which is somewhere around 71 acres, will be placed on the next voting ballot. I also feel there's a developer knocking on 602A Arroyo's door. TOWN OF FOUNTAIN HILLS Page 20 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 20 of 66 I have lived in Fountain Hills for six years. We are a tight group, and we stand together. I believe in our heart -- in my heart we will come together again. Daybreak sits on the forefront of my mind. I've recently learned the school board has the right to word the vote on the ballot as needed to confuse the voter, obtaining the vote in their favor. The Fountain Hills School District has the right to sell the land, using the land for sale for several uses to benefit the students, use for school properties, or building new schools. However, several of the items I saw on the school agenda is trying to -- for a Fountain Hills School District, they're trying to resolve by selling this property. It's not a viable solution by sale. The three vacant properties owned in the school district are currently zone school and secondary zoning as a potential residential site. Currently it may be a reasonable assumption the arroyo's maximum allowable residential density will be very difficult to achieve. However, a slightly higher density, about 75 percent, may be possible. It's also mentioned that there may be requests to rezone, allowing for a higher residential density. I bring the above into play because repeatedly I hear Fountain Hills is different; we're special, and we're unique. Our general plan supports we, the people, as written. Fountain Hills community speaks as part of the community involvement process conducted at early stages of planning process, community shared by values and aspirations summarized herein. At Fountain Hills, we celebrate our environment by living in harmony with our desert setting. Under Arizona sun and dark, starry skies, our mountainous and urban surroundings provide adventure and inspiration. We celebrate our culture by embracing neighbors and traditions, both old and new, creating a welcoming, safe, enjoyable community together. The knowledge and experience we share across generations from varied backgrounds encourages invitation. I can go on, but you all know our general plan, and anybody who wants to read up on it, it's real easy to find. I'm going to save a lot of time. If we take all of this away with greed, mass home building, and yes, destroying every beautiful piece of land left, we won't have the beautiful town of Fountain Hills. I thank you for your time. MAYOR DICKEY: Thank you. CLERK KLEIN: Joshua Gridley. TOWN OF FOUNTAIN HILLS Page 21 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 21 of 66 GRIDLEY: Hello. I apologize for not having a presentation nearly as good as theirs. Happy almost Earth Day. And as I was pondering Earth Day, I naturally found myself flipping through the Times archive of covers from 1923 on. I don't know why. But as I did, I noticed a theme. Most of the pictures were of portraits of people. And then somewhere around the '70s there was some kind of weird experiment that happened where it was off the rails. And around this time, 1976 to be exact, there was a cover that's been mummified apparently and been disputed as far as what was on the actual cover as far as global warming versus nonglobal warming; global cooling versus nonglobal cooling. It doesn't really matter to me. I can't profess to be intelligent enough to understand any of it. But I understand that, like, we've gone through the Build Back Better. We have the Green New Deal, all these different things that are being proposed to help the children, to help the generations after. But coming back here after not being here for a long time, having grown up here, I just notice the same thing. It's predominantly older people. No offense to the older people but, like, running into my friends and stuff, like, all of them have moved out to other towns in Arizona because they can't afford it here. It's so expensive, and it's unfortunate that they're just building up these mass communities that are just kind of just -- I don't know. They don't give anything to nature. They don't give to the youth. They don't inspire in any way for me. Like, being around the town and walking around the fountain, seeing the amazing path, like, that wasn't there as a kid. And that is beautiful. Like, I love that path. I can walk around it endlessly. The foliage of the plants and the succulents and the art work is amazing. I love it. And I wish that more of that kind of creativity could go into our town rather than just let's put up more houses, let's bulldoze more land, and let's do the same kind of thing. I mean, we are a different, unique town that is very beautiful, and we have a lot of great things that are going for it. And I think it would be a shame to just continue to put up more houses as our solution to that. And that's about all I have to say. Thank you for your time. CLERK KLEIN: Liz Gildersleeve. GILDERSLEEVE: Good evening. Liz Gildersleeve, Fountain Hills resident, registered TOWN OF FOUNTAIN HILLS Page 22 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 22 of 66 voter. I am here tonight to discuss a troubling lack of transparency by this Council in a couple of recent matters. The first pertains to Councilman Magazine's recent ethics complaint where an independent attorney found that Mr. Magazine violated three codes of ethics during his interaction with the owner of Pearl Nutrition in January. It's worth noting that this is the second time that Mr. Magazine has been in violation of the town's code of ethics. Last week we learned that the findings of the independent attorney were discussed during an executive session, and a decision was made by the Mayor and Council not to allow a public discussion at a Council meeting nor render any consequences to Mr. Magazine for his behavior. As a result of this secrecy, social media has exploded on these decisions across multiple platforms and numerous pages as the perception is now that the Mayor and Council condone and in fact protect unethical behavior. The second recent matter where we have witnessed a lack of transparency was during the April 5 Town Council meeting concerning the discussion to adopt the planning and zoning recommended ordinance for group and sober homes. Several of you said, quite vehemently, that adopting the reasonable ordinance suggested by P&Z would be irresponsible due to the potential for lawsuits, which of course is debatable. But there was much handwringing about the financial burden to the town. Remarkably, soon after the April 5 Council meeting and quite by accident, we learned during a budget open house that the town has a substantial legal defense coverage for lawsuits and a deductible of only $10,000. Not one of you mentioned that. In a $10,000 deductible, that's a drop in the bucket to protect our town from greedy sober home owners and detox special interest groups. This Council spends twice as much and more on endless studies and customer satisfaction surveys. And speaking surveys, a couple of months ago you commissioned an outside company to conduct a 20,000 or so customer satisfaction survey. One of the big takeaways from that survey was that residents believed there was a lack of transparency by their officials. A couple of you had a hard time accepting that. Tonight, I've given you a couple more examples to consider free of charge. This is what lack of transparency looks like by elected officials. Thank you. CLERK KLEIN: Chrystal Cavanaugh. TOWN OF FOUNTAIN HILLS Page 23 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 23 of 66 CAVANAUGH: Obviously, we're on the same wave length, but it's worth repeating. I live in Fountain Hills, and I too am a Fountain Hill registered voter. After the paid citizen survey indicated that transparency needed improvement, some here acted surprised and offended about that perception. However, lack of transparency was still on full display as recently as the April 5th Council meeting. The public heard many on this day state that the biggest barrier to passing the P&Z ordinance as written were concerns about lawsuits resolving in a financial burden to the people of Fountain Hills. Many in the public had spent a lot of time learning about the issues, court case rulings in various areas of the country, and about the regulations already allowed by our own state, including setting occupancy and commercial insurance requirements. Some of us have the impression that you are ignoring extensive research that has been provided to you over the past year as well as the attention to detail and the professional resources used by our P&Z to develop this ordinance. Two councilmembers were particularly dismissive. With one accusing residents of being demanding, which made him chose to turn a deaf ear and go 180 degrees in the opposite direction, while the other one unwisely minimized all other recommendations except those from the town lawyer and staff by labeling the rest as outside opinions based on irresponsible behavior. Not one of you on April 5th even bothered to mention our liability policy. Imagine my surprise when I learned the following day that we did have that $10,000 deductible and then litigation was covered. Did you know about this minimal deductible? If not, why not? The Town Manager certainly did. The attorney certainly did. And if you did, why was this never stated on the record when lawsuits were mentioned? I guarantee that an overwhelming number of people would authorize you to spend that money in a heartbeat for the benefit and protection of the community. That's how badly we the people want you to step up and lead the way in passing these solid, protective regulations. You can continue to look for reasons not to pass this ordinance, but that is not to our benefit. Nothing in this ordinance is blatantly illegal, which is the only reason coverage could be denied. It is fairly standard policy language according to the professionals I spoke with. And those filing a lawsuit would first need to show why they need any accommodations TOWN OF FOUNTAIN HILLS Page 24 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 24 of 66 other than what is allowed in the ordinance. You don't seem to have nearly as much concerns about spending money on studies, unwanted parks, roundabout designs, do-overs of mismanaged projects, potential lawsuits from developers, or the lack of fiscal monitoring of some of our contractual services. You are well aware that there is overwhelming community support to pass this as written. And since your number one concern of financial burden to the citizens has now been discredited, I assume you will have no further concerns preventing you from passing this ordinance on May 3rd. Make sure there are qualified litigation attorneys available to us. You can lead the way. And remember, big egos lead to bad decisions. Thank you. CLERK KLEIN: Lori Troller. TROLLER: Good evening. Good evening, Madam Mayor, and Council. This is a tough topic. I'm going to switch everything up on you. Let's see. I didn't realize there was a race going on in town, but there's one going on right now, and it's between AT&T and Verizon. They're putting up 5G towers and antennas faster than the sun rises each morning. And that's literally. There's lots of information on the web about this. And my concern is about how many hours it takes before being in the vicinity of the microwaves before it causes fatigue, irritability, warm feeling in the body, difficulty sleeping, nose bleeds, balance problems, increased ringing in the ears, skin problems, concentration problems, inspire -- or impaired short-term memory, confusion, heart and lung problems. You know when you go to a concert and you feel all that music on your clothes and your skin. That's exactly what microwaves are, but they do it a very micro level. And it's extremely violent to your body. This constant shaking over time is what causes -- it causes constant stress and eventually disease. The information's on the internet. But how ironic it is to use a service that's making you ill to understand how to be well. But I can present a lot of the information, but I can't understand it for you. You're going to have to do the research. So 5G, here's what it's going to do for you. The bandwidth and the speed you need to race a Tesla down Fountain Hills Boulevard at 100 miles an hour and know that your brakes are going to come on in a millisecond when that javelina runs across the road, that's what 5G is doing for you. You can do that. You can also fly thousands of drones over your head in formation all with that anti-collision going on, no problem. And you TOWN OF FOUNTAIN HILLS Page 25 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 25 of 66 can build a huge factory with the big robotic arms and build cars and have millimeter accuracy. I don't see any of us doing any of that. So from my home, there's major software development done for Apple corporate. My need for high-speed internet probably outweighs the average resident in Fountain Hills. And I'll tell you on my Apple team of 12 people, my service is faster and more reliable than anybody else. And these are people sitting in corporate. Well, not in corporate, in Cupertino. So I'm just saying that my service is reliable, fast, capable, and more adequate. So I'm not seeing the need for it. 5G microwaves, they alter every living thing in its vicinity. For AT&T and Verizon to have full coverage in Fountain Hills, it going to take upwards of 106,000 towers and antennas. 106,000 just in our community. It's like every 3 to 500 feet, which means they're going to have to go on residential property. So the schools have already sold out. There's now two very large 5G towers on the lighting poles for the high school football field, and there's four today across the street from the middle school. And those are literally 200 feet higher, over the heads of little preschool kids. And just a mind -- point out, little kids -- they're more effective because their skull's not as thick. CLERK KLEIN: Oh, sorry the beep didn't go again. TROLLER: Okay. One more sentence? So what I'm here is -- why I'm here is that I'm requesting a permit to halt a -- I'm requesting a permitting halt be placed on the right of way for tower and antenna installations until a study's made. Sorry guys, but that's it. Thanks. MAYOR DICKEY: And I would just mention -- because a lot of things that are on the agenda. Obviously we sit here, and we don't -- we can't respond. But either at the end of the meeting or I think we're taking note on things that we can, I'll check into, so. TROLLER: Yeah. MAYOR DICKEY: And we have your name and stuff, so we can do that. TROLLER: Awesome. MAYOR DICKEY: Thank you. TROLLER: Thank you. CLERK KLEIN: Ed Stizza. TOWN OF FOUNTAIN HILLS Page 26 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 26 of 66 STIZZA: Good evening. Madam Mayor, Council, staff. I've got a bunch of notes as usual. I'm sorry I dressed up for the occasion. I had to rush here. So you're going to hear a lot of problems tonight. Boy, oh boy. And I'm sure looking forward to somebody waking up and really doing something about it for real. It's about time, and I hope you certainly get Mr. Shay's (ph.) project. I hope the lawyers work that out, and that's going to go forward, hopefully. So there's a couple things that have been going on. Lori, the previous speaker, just talked about the 5G situation. I am running around town all the time. If any of you have not seen what's happening, you need to wake up. And it is happening so fast. It's happening faster than any construction project that I've ever seen, except blowing up Adero Canyon. So that's the only one that's going faster. So it's time to do something about it. There's ordinances being written all across the country, and it's very important. The first instance that I've seen was the two towers being basically enclosed with the radars over -- or with the transmission towers over at the high school. I was shocked. And I went to the school board meeting to ask who was responsible for that. And they asked me where the towers were. And I was like, you've got to be kidding me. So step outside the building at the school board meeting and take a look. They're right outside your door. So at the last meeting, I said everybody's got to take some accountability here. Is anybody -- I mean seriously, whether you've done something wrong, whether you've said something stupid, whether you're trying to move something forward and it's not working. I mean, there's got to be some accountability. Everybody's got to start working together. We are losing what we are all here for. And that is a fact. So we can sugarcoat it. We can make it all nice and dandy, but the reality of it is, Fountain Hills is going away fast. And unless you guys all step up for the rest of your term, it's going to be gone. You're not even going to have to worry about staying here. So all this property that's getting decimated, you laughed at me when I said we should rob that property or we should have found a way to buy that property where there's a car storage unit going. Tell me where the next park's going to be in that five acres in the middle of Desert Canyon. So where's the next one going to be? We don't have any land left. How are you going to fix that? So I suggest everybody get on that. So the TOWN OF FOUNTAIN HILLS Page 27 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 27 of 66 responsibility is on your guys' shoulders. And the dismantling that happened with the ordinance that was presented to you was appalling. And you guys did it publicly. If you would have done it behind closed doors and kept it in the executive session, maybe we wouldn't all feel so bad. But you did it publicly. And that showed that's where it all turned. You no longer -- you're not trying to protect the residents. I mean, it's clear. It's clear. So why is that? MAYOR DICKEY: I think, Ed, sorry the -- STIZZA: Oh. MAYOR DICKEY: I don't know. It's just not working. STIZZA: Oh, it didn't go off? MAYOR DICKEY: Sorry, thank you. STIZZA: Okay. Thank you, guys. CLERK KLEIN: Wendy Williams. WILLIAMS: Good evening, Madam Mayor and Councilmembers. I just moved -- oh, my name is Wendy Williams, and I reside here in Fountain Hills, and I'm a registered voter. I just moved here a year ago from Wisconsin. And I happened to see on the Facebook for Fountain Hills that there's concern regarding development of the compact houses, 150 or more possibly. And I just wanted to let you know that I like birds and lizards and snakes and bats and flowers and bunnies and all the wonderful things that nature can give us here, living in a desert climate. I love Fountain Hills. I feel safe here. The air is clean. The traffic is very little. And I'm concerned that perhaps if this were to go through and become developed land with lots of homes, that our traffic will get heavier, that we'll have more stoplights, that the air pollution is going to get worse, like Scottsdale. And also I'm concerned about the water tables and how that's being addressed or investigated. I know that the Colorado River has been down for the last few years. They haven't received as much water. And let's not destroy the Fountain Hills environment and our lovely, free way of living here. One last thing, Stephen Hawking said that we are going to destroy the Earth, and I don't want to destroy Fountain Hills through greed and stupidity. Just something to think about. Thank you. TOWN OF FOUNTAIN HILLS Page 28 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 28 of 66 MAYOR DICKEY: Thank you very much, everyone. Next we have our consent -- did anybody want to say anything about any of the items that we're allowed to? We can't, so. All right, consent agenda. Unless you want to remove anything, can I get a motion? COUNCILMEMBER GRZYBOWSKI: Move to approve. COUNCILMEMBER MAGAZINE: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. IN UNISON: Aye. MAYOR DICKEY: Aye. We'll move onto our regular agenda. Our first item is appointments to our commissions. So I just want to remind everyone what we do here. We have six council, Three on each subcommittee. They take the different commissions, and then the year -- the next year they switch. And then they do the interviewing. Then they send the recommendations to us today. So that's what you're going to hear. I think I'm going to read -- I'll read when the terms expires because we have a little bit of an anomaly that I have to ask about to be in the motion. So first we have our Community Services Advisory Commission. And the committees recommended Ron Ruppert and Natalie Varela. And both of their terms expire 4/30/25. For the McDowell Mountain Preservation Commission, we have -- this is the one. So we have one recommended person, Sherry Irwin. Now, Sherry is fulfilling only a few months left, and then the other term would go to October 31st, 2025. So please consider making that motion -- or maybe me stating it now is enough -- so that her term would actually go to October of '25. Planning and zoning, we have the recommended names Dan Kovacevic, Clayton Corey, Susan Dempster, and Patrick Dapaah. And for Sister Cities, Marlene Fahrenach. Oh I'm sorry, Dan, Clayton and Susan go until April 30th of '25. And Patrick to April 30th of '23. Marlene for Sister Cities goes to October 31st, '23. And then for SPAC, Strategic Planning, Patrick Garman, Bernie Hale, and -- Hoenle, sorry, and Kevin Beck. And all of those terms go through April 30th, 2025. Thank you, all of you, who were on those subcommittees and did the interviews. Can I just ask for a motion that states what I just said? VICE MAYOR FRIEDEL: Move to appoint to the various boards and commissions as stated by the mayor. TOWN OF FOUNTAIN HILLS Page 29 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 29 of 66 COUNCILMEMBER MAGAZINE: Second MAYOR DICKEY: Thank you. Thank you. All those in favor, please say aye. IN UNISON: Aye. MAYOR DICKEY: Aye. And thank you, everyone who applied and everyone who's appointed. And we really appreciate your work. And again, volunteers rule the day. Next we are talking about -- I think the green shirts here are master trail plan for Fountain Hills. Who's -- MANAGER MILLER: Rachael Goodwin, the Community Services Director will be giving a brief staff report on this. MAYOR DICKEY: Rachael and some guy that -- GOODWIN: (Indiscernible) on this. It's not necessary. COUNCILMEMBER MAGAZINE: I think we have a councilmember who should recuse herself. COUNCILMEMBER GRZYBOWSKI: There's no income generated. MAYOR DICKEY: Nope, we're all volunteers. Thank you. GOODWIN: All right. MAYOR DICKEY: Rachael. GOODWIN: Mayor and Council, I'm actually here tonight with our MMPC Chair, Scott Grzybowski. He's actually going to be leading the conversation regarding the Preserve Trail Master Plan. I'd like to take a second just to thank all of our commissioners. We have a number of commissioners and a number of trailblazers here this evening, to be part of this presentation. I know a lot of work and a lot of background has gone into this effort. With that, I'm going to turn it over to Chair Grzybowski. MMPC CHAIRMAN GRZYBOWSKI: All right, good evening. Good evening. It's a special occasion today. I actually have long pants and shoes. So those that know me, it was a very special occasion today. We have a few quick slides just to give you a set up, kind of set the background of what we tried to do with the Trail Master Plan. And with that, I'll go to the first slide. As a reminder, the guiding principles of the MMPC, McDowell Mountain Preservation Commission, are these, right? We want to maintain the natural beauty of the preserve. We want to minimize human impact within the preserve, including, nonessential facilities TOWN OF FOUNTAIN HILLS Page 30 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 30 of 66 within the preserve, commercialization in the preserve, prioritization of conservation over development. And then finally, we have to provide public access to and within the preserve that encourages a positive and safe experience. That's been the guiding principles since it was established in 1997. So with the Trail Master Plan that's in front of you today -- hopefully you've had some time to review it -- I want to hit a couple of highlights. Number one would be that this is consistent with the 2004 Trail Master Plan from our predecessors. It is also consistent with the Parks and Recreation Master Plan that recently has been done. Thirdly, we collaborate with the Sonoran Conservancy of Fountain Hills. Sadly, that actual input was not provided as an addendum. But trust us, it was a very well thought-out collaboration from the Sonoran Conservancy, right. And with that Trail Master Plan, we're identifying trails for future growth. I think that's important to state that with the master plan, we're looking out ten years or more in the future. What we're saying in the master plan is that that's it. That should be it for everything we see in the McDowell Mountain Preservation Commission, in that preserve, I should say. And then finally, I think one of the most important points here is that we're creating a detailed vetting process for all the trails of the future, right. So every trail that is listed as a potential future has to go through the vetting process and brought forward to you as a council in the future. But I think it was very important to have that all established in writing in that master plan. So we, the Mountain Preservation Commission, ask for your approval of the plan. And with that, I'll take questions. MAYOR DICKEY: Thank you. Any questions? I want to mention that -- so you said the Commission and staff are both recommending approval, correct? CHAIRMAN GRZYBOWSKI: Correct. MAYOR DICKEY: All right. Well, if there are no questions, the motion's on page 35. Oh, we have a bunch of -- CLERK KLEIN: Yes. MAYOR DICKEY: I'm sorry. We have a bunch of people that are in favor of it, right? TOWN OF FOUNTAIN HILLS Page 31 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 31 of 66 CLERK KLEIN: Yes, I did want to add, we had nine written comments come in in support on the online version. And then we also received ten more comments of support tonight from individuals. So all together, we've got 19 people in support of this. MAYOR DICKEY: Thank you. All right, go ahead. VICE MAYOR FRIEDEL: First I'd just like to say, thanks for all the hard work you guys do. We really appreciate it. And I know a lot of the -- as witnessed, a lot of the residents in the town appreciate it as well. So with that, I'd like to move to approve the Master Trail Plan for Fountain Hills McDowell Mountain Preserve. COUNCILMEMBER GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All those in favor, please say aye. IN UNISON: Aye. MAYOR DICKEY: Aye. Thanks so much. And I'll put the next -- COUNCILMEMBER GRZYBOWSKI: Chair Grzybowski, don't you have one more slide there that you wanted to show? CHAIRMAN GRZYBOWSKI: Oh. This is very important. COUNCILMEMBER GRZYBOWSKI: Thank you. I'm looking at it. CHAIRMAN GRZYBOWSKI : Thank you. Right, okay. Hold on. All right. So yeah, with that I wanted to point out, like -- so first of all, you may wonder how our trails actually developed and built here in Fountain Hills -- as soon as I get the mouse down here. Hold on. MAYOR DICKEY: It's not magic, huh? CHAIRMAN GRZYBOWSKI: Yeah, it is not -- well anyway, you get the point. It's not magic, right. So this is important. If you notice here -- so Bill's going to be up next speaking. What we've learned with Bill, working with him -- I'm a journeyman on this trail-building process. We've learned that Bill, when he sees a rock, his first thing is, ooh, I like that rock. We should move it, right. So what we see here is that this is myself and Nate here. And then there's that rock. And this is also Jim here helping us. And that rock is now no longer there and has moved here. And that was done manually, as you see here, right? They like me because I'm the rock mover. I tend to help move rocks. It's all done manually here in Fountain Hills. So thank you, Jerry. It is very much appreciated that we do this all by hand. So thank you. TOWN OF FOUNTAIN HILLS Page 32 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 32 of 66 MAYOR DICKEY: Thank you, Council. GOODWIN: Somebody's got to keep him straight. MAYOR DICKEY: So Rachael, are you up for this next one too? GOODWIN: Briefly, I'm going to hand the baton to yet another one of our MMPC members, Bill Craig. So Bill, if you'll join us. As part of the master plan that was just adopted, there are four outlined trails, one of which is noted as the North Leg Trail, which is what Bill is going to speak on tonight. Bill's been -- how long have you been on the MMCP? CRAIG: Forever. GOODWIN: I was going to say. He's been around a while. He's our primary trail builder and designer. CRAIG: About ten years. GOODWIN: I was going to say. So Bill knows all there is to know about the trails and why this is the next proposed trial for the preserve. So with that. CRAIG: Thank you. GOODWIN: Thank you. MMPC COMMISSIONER CRAIG: Good evening. Bill Craig. As mentioned, I'm an appointed member of Council, appointed member of the Commission. I'm on the board of the Conservancy. Resident for at least a dozen years. I was appointed lead of the Trailblazers from the Conservancy and approved by the town also, thanks to work with Rachael and Kevin and Ken Valverde. I'd like to start with showing where this is that -- the trail is that we are talking about, and then I'm going to talk a little bit about the impact of the trail and then make a request. The green is the preserve. To the left is McDowell Mountain -- or is Scottsdale. To the top of that is McDowell Mountain Park. This is Shadow Canyon here. Right over in this area is where Adero Resort is. And in the middle, if I can stop shaking, is the trailhead. The red line here is the proposed new north leg. We have the south leg and the north leg of the preserve, and you can see why we call it that. Further, orientation-wise, this gives Google Earth view of what the trail is. Right in here is the trailhead. This is the Promenade or the Jeep road that you see from town. Over here is the start of the Ridgeline Trail, with this being the south leg. And this ridge being TOWN OF FOUNTAIN HILLS Page 33 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 33 of 66 the north leg of the preserve. Shown more from west looking east,. this is Shadow Canyon development. The light lime green line that you see is the border of the preserve. All of the land in there is town- owned land, part of the preserve. Okay, help me in backing up. Let's see. [CROSS TALK] MMPC COMMISSIONER CRAIG: Impact. And maybe it’s better I show from here. The trail will make an impact on two areas of neighborhoods. This is Eagles Nest. This being what is termed parcel two, undeveloped. These are all lots. Six lots here going from street level up to the boundary of Eagles Nest and the preserve. Point out relative to the impact of this, the elevation change from this area, which is the beginning to the top of that lot, is 100 feet, ten stories. The similar type thing with this lot is 280 feet. The reason I'm pointing that out is the relative closeness of the red, the North Leg Trail, to these properties. But I'd like to point out that the development envelope, the part which the town approves for housing to be built is, on almost all of these, down very close to the street level. Looking almost due east, this once again was what I just pointed out. Now we look at the closeness to the other neighborhood here, Shadow Canyon. The closest point from the proposed trail down to the boundary is 550 feet. The distance to the first home in Shadow Canyon is 650 feet. One other thing to point out, at the end of this trail, there is a knob -- as you can see, there are a number of knobs relative to this range, this ridge. What I have done in the design of this trail is go to the saddle before that knob. Because the other side looks almost directly down onto homes down below. I'm trying to say we're trying to be considerate, at the same time utilize the land which belongs to us and can be very readily enjoyed. Why do we want this trail? The land is there. It is a beautiful area. The hills part of Fountain Hills provides quite a variety in the valleys and hills that you see throughout our town. And each one of them is unique. And there are areas of this which are unique to the other areas of the preserve, not only the rock structure but the plants that are there. Consideration of animal life. We looked at that in terms of are we making a negative impact on the wildlife? Made contact with Scottsdale who has been at this longer than TOWN OF FOUNTAIN HILLS Page 34 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 34 of 66 we have and has done more in the way of surveying, contacted McDowell Mountain Preserve, contacted Game and Fish, and all of them indicate that with what development there is already, and not only development neighborhoods but the trails in the preserve, we are not making any further negative impact on the wildlife and the use they make of the area. We have an area which draws people to Fountain Hills. This beautiful little part of Fountain Hills has a health -- both physical and mental health aspect to it: the exercise which is provided, the solitude which is provided. There are many studies -- and I could show you these or provide these, which do indicate all the positive benefits, not only to individuals but to the community. This area draws people tour community. The Conservancy has also a host program in addition to the Trailblazer program. They have volunteers also, which provide information to people coming up to the preserve at the kiosk, Friday, Saturdays, and Sundays. And the reason I'm putting this out other than to give them a little positive also, is the comments that they pass along to my Trailblazers, all positive. They tend to indicate that we have some of the best maintained, most beautiful trails that there are in the area. Let me end by saying our town has a very good reputation for having safe, scenic, well- maintained trails. The recent town survey indicates that having trails is one of the main amenities desired in our town. This trail will be a very nice addition to the recreation that draws people to our town. I ask for your approval to build this trail. If I can answer any questions, I would be glad to try to. MAYOR DICKEY: Thank you. Questions? Comments? COUNCILMEMBER MAGAZINE: No, just a comment. When I brought to the attention of the Council several weeks ago, the idea of health and wellness as a key aspect of Fountain Hills, an individual shared this with me. It's called the Economic Value of Trails in Arizona. Technical report done by the University of Arizona Cooperative Extension. Are you familiar with this? MMPC COMMISSIONER CRAIG: Not that one in specific, no. COUNCILMEMBER MAGAZINE: Well, all you have to do is take a look through this, and you're absolutely convinced of the total positive impact of trails on our town. So I'd TOWN OF FOUNTAIN HILLS Page 35 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 35 of 66 just mention this to you. MMPC COMMISSIONER CRAIG: Thank you. I might. MAYOR DICKEY: Councilman? COUNCILMEMBER SCHARNOW: Yes, thank you, Madam Mayor. Bill, I don't know if you can go back to your first or second slide showing the -- yeah. We just passed, obviously, the master plan. You don't have a map showing all five additional trails you guys want to put in, do you? I'm just -- MMPC COMMISSIONER CRAIG: No. COUNCILMEMBER SCHARNOW: -- relatively -- MMPC COMMISSIONER CRAIG: I don't. I will say that one is potentially in this area. COUNCILMEMBER SCHARNOW: Uh-huh. MMPC COMMISSIONER CRAIG: One is in this area, right in here. One is a potential loop back from the end of this down over to the trailhead. And the final one is a potential coordination with Scottsdale to go over the twin peaks that are up there and meet up with the Courts Trail (ph.) of Scottsdale. All of the others have not been vetted -- COUNCILMEMBER SCHARNOW: Uh-huh. MMPC COMMISSIONER CRAIG: -- yet by the Commission or looked at, at the Conservancy level. This is the only -- the north leg is the only one which has been thoroughly vetted. UNIDENTIFIED SPEAKER: Well, I know when Scott was up there, so he mentioned ten years, so kind of the vision is to do the rest of these within the next ten years; is that my understanding of -- Uh-huh. MMPC COMMISSIONER CRAIG: We would like to propose those over time. COUNCILMEMBER SCHARNOW: Um-hum. I know when -- I guess it was a year ago when we were interviewing for different commissioners, and I think -- I don't know which commission, but there were several individuals that were, you know, active hikers, and they were talking about our trailhead and the parking lot, and obviously during the busy, nice winter months, the parking capacity had been exceeded, and it was just causing issues up there. And I note at the end of the master plan here, it said additional entry point to preserve maybe desirable. I guess, I'm just wondering about capacity of us being able to handle all this going TOWN OF FOUNTAIN HILLS Page 36 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 36 of 66 forward and if this is enough or -- I mean, I know these are desired in terms of, like you said, the rock outcroppings and the vegetation and the views, and I get all that. I'm just wondering about our -- would we limit visitors at some point if parking's an issue and not -- maybe this is a question more for Rachael, but I guess I'm just kind of concerned about that it's going to be so popular that we won't be able to accommodate -- MMPC COMMISSIONER CRAIG: One thing -- I'm sorry. COUNCILMEMBER SCHARNOW: Yeah. MMPC COMMISSIONER CRAIG: One thing I can point out is we have looked at that also. We looked at it five years ago and made suggestions at that point for extending the parking. Monetarily, it wasn't possible. Right now, the times at which there is parking difficulties, Saturday morning, Sunday morning. And we figured it was something like nine percent -- COUNCILMEMBER SCHARNOW: Less than ten. MMPC COMMISSIONER CRAIG: Less than ten percent of the time, the total use time of the preserve, that there are parking problems. And with the allowance of parking on the downside of the Eagle Ridge Road, right now, that is what is going to continue to help in terms of the parking. COUNCILMEMBER SCHARNOW: Uh-huh. I guess just long term, that was my concern in terms of how much of this will be needed in terms of how much it will be used and versus too much, and that type of thing. I mean, I've always been a big proponent of looking at some of the major washes in town that already have trails and utilities in them and in doing something connection-wise in that manner, but seems like it always gets shot down for one reason or another. So I'm not opposed to this at all, I'm just kind of -- it's kind of like how much is too much kind of a thing, but I mean I trust you guys, and you obviously know what you're doing, and I just wanted to bring that up as far as my perception of it. CRAIG: That will be part of the vetting process when we look at the other potential trails, very definitely, because we understand that concern. COUNCILMEMBER SCHARNOW: Yeah, I mean, because I've been out here forever, of course, as has the Mayor, but Roy Kinsey obviously was the heart and soul of getting this created and getting the trailhead in and all that kind of stuff, and I obviously can't TOWN OF FOUNTAIN HILLS Page 37 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 37 of 66 speak for what his vision was, I mean, I would assume he would be all in favor of this. I just don't want the preserve -- a preserve to be overrun. That's the only thing, so. CRAIG: Well, one small thing with this, overrun in terms of parking, yes, that's concern. With this new trail, it allows us to sort of diffuse people so that they're not all using the same trail. That was another thought in doing this. COUNCILMEMBER SCHARNOW: Yeah. Yeah. I get that. But I would imagine some trails are more popular than others -- MMPC COMMISSIONER CRAIG: Yes. COUNCILMEMBER SCHARNOW: -- and more heavily used, and that kind of thing. Some are longer so you're going to get more experienced folks doing those and that kind of thing, so. MMPC COMMISSIONER CRAIG: Well, one of the reasons for this also is the hosts for new people coming to the trailhead often suggest the Town Overlook Trail, a half mile trail that is easier to start with. This will be a half mile down the Promenade and then three-quarters plus mile back. I see it as a step up for people instead of necessarily having to go six miles or so down the longer trails. MAYOR DICKEY: Councilwoman? COUNCILMEMBER MCMAHON: Thank you. Thank you both for your presentation. I second Mike's concerns. I have concerns about overbuilding the preserve so that it's almost no longer a preserve. It looks to me like the only access is through the Adero Canyon parking lot up there, the small one. MMPC COMMISSIONER CRAIG: There are two other accesses. COUNCILMEMBER MCMAHON: Okay. MMPC COMMISSIONER CRAIG: Through the Andrews/Kinsey Trail -- COUNCILMEMBER MCMAHON: Um-hum. MMPC COMMISSIONER CRAIG: -- which goes over and joins with the Sunrise Trail of -- COUNCILMEMBER MCMAHON: Um-hum. MMPC COMMISSIONER CRAIG: -- Scottsdale. And bikers and hikers use that to come in. COUNCILMEMBER MCMAHON: Um-hum. TOWN OF FOUNTAIN HILLS Page 38 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 38 of 66 MMPC COMMISSIONER CRAIG: And also, our second trailhead at the end of Golden Eagle -- COUNCILMEMBER MCMAHON: Um-hum. MMPC COMMISSIONER CRAIG: -- Drive (sic), that was the only access we had until -- COUNCILMEMBER MCMAHON: Um-hum. MMPC COMMISSIONER CRAIG: -- this was built, and we still have that coming in. COUNCILMEMBER MCMAHON: Okay. I guess my concern also is the negative impact on the environment. I mean, if all these things get approved -- I know we don't have a crystal ball. We don't know what's going to be approved. I'm concerned about the traffic. And as this town grows and there's more and more traffic up there with all those homes being built, I'm just concerned that there's going to be enough traffic. And like I understand with Camelback Mountain, they reached a saturation point where they're not even adding any trails, but yet it still remembers to be a -- still remains to be a popular hiker's destination. So are you guys just looking at this area for additional trails, or are you looking at other places as well? Is the concentration just here? MMPC COMMISSIONER CRAIG: Right now, we're talking as part of the Commission. COUNCILMEMBER MCMAHON Okay. MMPC COMMISSIONER CRAIG: The Commission only deals with the preserve. COUNCILMEMBER MCMAHON: Okay. MMPC COMMISSIONER CRAIG: Other trails -- COUNCILMEMBER MCMAHON: Right. MMPC COMMISSIONER CRAIG: -- have been talked about and suggested to -- COUNCILMEMBER MCMAHON: Right. We have -- MMPC COMMISSIONER CRAIG: -- the Town. We've talked about an addition to the Lake Overlook Trail. COUNCILMEMBER MCMAHON: Um-hum. MMPC COMMISSIONER CRAIG: We've talked about using the washes. COUNCILMEMBER MCMAHON: Right. MMPC COMMISSIONER CRAIG: We've talked about using some of the town-owned TOWN OF FOUNTAIN HILLS Page 39 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 39 of 66 areas to connect the present -- COUNCILMEMBER MCMAHON: Um-hum. MMPC COMMISSIONER CRAIG: -- FIT trails on the sidewalks to make connections with those. COUNCILMEMBER MCMAHON: Right. Yeah. We have discussed that. I know that. I'm just concerned about the eventual impact that it might have, but maybe you guys see that more than we do from sitting here, so. MMPC COMMISSIONER CRAIG: The only other thing I would mention -- maybe Scott has something else, but in the original 204 master plan, the concept of a preserve was not mentioned as preserve the land -- pristine land as it is -- COUNCILMEMBER MCMAHON: Um-hum. MMPC COMMISSIONER CRAIG: -- but preserve it for use -- COUNCILMEMBER MCMAHON: Um-hum. MMPC COMMISSIONER CRAIG: -- of the community. COUNCILMEMBER MCMAHON: Okay. And do -- CHAIRMAN GRZYBOWSKI: And I just want to add one thing about -- COUNCILMEMBER MCMAHON: Um-hum. CHAIRMAN GRZYBOWSKI: -- densities. If you think about -- so an acre has 43,560 feet, right? A mile has 5,280 feet. Our trails are about two feet wide. So a mile of our trail is about 10,000 square feet, right? And we have 820 acres in our preserve. I can't do that math on the fly, but 820 acres times 43,560, right? Our trails end up being -- we have about nine miles of trails now, so we may have 20,000 square feet out of a lot, right? So right. So I'm just saying from a density perspective, it's not that dense, right. We only have nine. This north leg will add about -- he said three-quarter mile, right, so that may be ten total miles of trails. So it's not that dense. COUNCILMEMBER MCMAHON: Thank you. MAYOR DICKEY: You can go to that Mathnasium place any time you want. So I think we had some cards, but it's the same, right? Do we have any speaker cards too? CLERK KLEIN: Yes. Bill Myers. MAYOR DICKEY: Okay. The other Bill. TOWN OF FOUNTAIN HILLS Page 40 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 40 of 66 MYERS: Thank you very much. This is my hat. I'll leave that there. My name is Bill Meyers. I have been on the McDowell Mountain Preservation Commission for a number of years. I'm not on it now. I had been on the Board for the Sonoran Conservancy of Fountain Hills. I know the trails fairly well. I know a lot of the people that were actually suggesting these changes. I am 1,000 percent in favor of both of these changes, the ten-year plan and Bill's plan. Just a brief idea about our preserve, our preserve inside of our town is about 1,000 acres. It's a good chunk of ground. Our town's only 14,000 acres, so it's one-fourteenth of our whole town. To get a sense of how big that thing is, I compare it to our Fountain Park. Fountain Park's about 45 acres; is that right? 45 acres, give or take. So if you put 22 of those together, that's how big our preserve is. It's a big chunk of ground, just huge, about 1,000 acres inside of our town. I'm in support of this, and I've got five reasons. I'll get through as many as I can before I get redded out. One, as Council Magazine indicated, their ASU made 122-page study, and the title of it was The Economic Benefit of Trails in Arizona. And I read that whole thing. It takes a year to read the thing, but our town fits very well inside of that economic engine that they talk about. Two, our preserve, it has good geomorphological features. That's the biggest word I know, incidentally. Most of my words are just one or two syllables. What that means is it has a lot of hills and peaks and valleys and things like that, which is very good for building trails in. If we had -- our preserve is about one-and-a-half square miles. If we had one-and-a-half square miles in Kansas or Nebraska, somewhere where it's flat, you'd build one trail right down the middle, and you'd be done. Our preserve is conducive to a lot of trails. Good. No red light yet. Three, we have nine miles of trails up there, and if you go out in front of this building on the north side, you can see maybe one. And that was a trail, it was actually a car trail, built maybe 30, 35 years ago. The rest of the nine miles of trails you can't see very easily. Part of it is because you're looking up. Here's our town. Here's the trails. You're looking up so you can't see that two foot of trail, that kind of thing. Maybe you can see some hikers if you've got really TOWN OF FOUNTAIN HILLS Page 41 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 41 of 66 good eyes and you have a lot close there, from here up or something like that. So even the trails that are there and the proposed trails, which I've looked at, you're not going to see much of. Fourth, there is no magic number about how many trails you ought to have for 1,000 acres. Is that me? Oh, that's me. Oh, rats. Well anyway, there's no magic number. I've talked to a whole bunch of rangers in our state and other folks. And the last one, if I can get it in real quickly, is building our trails is cheap. These two guys up here represent a whole bunch of people. They design, build, and maintain our trails. The last trail we built was Andrews/Kinsey. We spent a grand total of nothing. No. I think we got some shovels or something from the town. I'm not criticizing at all. Scottsdale paid about, I think it was 110,000 for their part of the Andrews/Kinsey Trail. So that's all. I have more, but any questions? COUNCILMEMBER MAGAZINE: Bill, I should have given you credit for giving me that report. He gave me a report and this thick file which I have -- which I shared with our new economic development director, and I want to return it to you. MYERS: Oh, all right. MAYOR DICKEY: Of course. COUNCILMEMBER SCHARNOW: Personally, I just want to say that I have been to both trailheads, taken the Dixie Mine Trail all the way through to Adero. And I think once you get that Scottsdale connector done, you'll see people come from the other side and maybe park over there. So that might eliminate some of the parking concerns. But the economic impact, quite frankly, we bring relatives and friends, and we go hike Adero, and then we go to Adero and have breakfast. So I mean, there is a definite impact, and I think it's good for the town, so. MYERS: We used to live in another city here. We moved here. The other city was a city west of here, I mean, Scottsdale. This is a better city than that. One more comment to Mike Scharnow's comment about parking. Parking can be a problem, but the solution's not to limit the trails. It's to get more parking. J2 was the original architect on this. They had this park -- 50 parking lot we have now, and in their original plan, they had 15 more parking spots or something up above. There TOWN OF FOUNTAIN HILLS Page 42 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 42 of 66 is a great area up above that can handle another 50, but that's down the road. Thank you. MAYOR DICKEY: Thank you. Councilwoman? COUNCILMEMBER GRZYBOWSKI: A couple of things. First thing I wanted to mention is when you are actually on the trail, you very rarely see other people on the trail -- on other trails. In helping with the maintenance that I did the few times that I did this fall, we were maintaining existing useful trails, and there were not that many people that we had to pause and wait to pass us, so I don't feel like we're getting to the point where we have to worry about too many trails. Also, I swear it looks way closer on the little map here than they are actually when you're out there. One more thing I wanted to bring up that I don't know that we expected, whoever's in charge of the roadway up to the trail, no-parking signs suddenly appeared. So I feel like when this was initiated, we were not expecting no-parking signs, and I'm under the impression -- I've not talked to just anybody in the know about it, but I'm under the impression that they kind of took it upon themselves to do it, and then maybe Rachael followed up on the back end, but I know that that was a surprise to us. COMMISSIONER CRAIG: I don't know anything about that. Good point. Thank you. MAYOR DICKEY: Thank you. COUNCILMEMBER SCHARNOW: Well, isn't that a town road leading up there? I'm pretty sure -- DIRECTOR GOODWIN: No. I think all that was done by whoever the developers are. That would be a Justin thing. Sorry, my bad. Not a Rachael thing. Sorry, Rachael. You were just sitting there. PUBLIC WORKS DIRECTOR WELDY: Madam Mayor, Councilmembers, Eagle Ridge Drive north of the resort is dedicated to the town, so we own that. The no-parking signs that are on Eagle Ridge Drive are part of the signing and striping plan for the development. There is a reason for those no-parking signs. It's a bike lane. So we have made an exceptions, due to the overflow, to allow for the outbound lower section below the parking lot for on-street parking there because it is less likely that we will have a conflict between cyclists and automobiles at that short section, but yes, all of those towns (sic) were part of the original signing and striping plan and were installed as part of the development. TOWN OF FOUNTAIN HILLS Page 43 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 43 of 66 MAYOR DICKEY: Thank you. DIRECTOR WELDY: You're welcome. COUNCILMEMBER GRZYBOWSKI: The only other thing I want to know is if Councilman Grzybowski moved any rocks, but -- COUNCILMEMBER GRZYBOWSKI: No. But I was the photographer when my husband moved that rock, so. MAYOR DICKEY: Thank you so much. I'm glad you mentioned the FIT because we have urban trails, and we have walkability, and we just got the -- starting to use the $2 million grant to finish up our sidewalks around here. So with that, would anybody like to please make the motion on 56? VICE MAYOR FRIEDEL: Move to adopt Resolution 2022-10 approving the North Leg Trail. MAYOR DICKEY: Thank you. COUNCILMEMBER GRZYBOWSKI: Second. MAYOR DICKEY: Thanks. All in favor, please say aye. IN UNISON: Aye. MAYOR DICKEY: Aye. Any opposed? No. Thank you. Next Rachael's going to talk to us about Four Peaks Park. DIRECTOR GOODWIN: I am, maybe. Mayor and Council, we'll keep this one as short and sweet as we can to keep moving this evening. Four Peaks Park, as you know, has undergone a number -- a several-year overhaul. We are in year three of four. So if you recall, the playground portion was opened in December of 2019. It seems like -- it seems a lot longer ago, but it was. It was very exciting. You can see some of our photos here. Since these photos have been taken, you may remember that we've added a pretty large shade structure over the playground to increase the -- to protect from the sun and allow more usability. This is kind of an overview of what it looks like today. So all the play's features are under those two green shade structures. The next step to finish off this renovation is to add two picnic ramadas. There's currently no shaded seating or picnic areas. This would complete the phase for this year. This will be the last project, the park for this year, under this year's capital plan. TOWN OF FOUNTAIN HILLS Page 44 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 44 of 66 The ramadas are designed to be ADA accessible. We have existing picnic tables and trash receptacles that will be added under them. And again, this would be consistent with our existing park standards where we generally have shaded areas near our playground areas. Too far. This is kind of a -- this is a sample of what the shade structures would look like. The request tonight is the use of an existing contract with a budget amendment of $65,000 to add these two shade structures. These two ramadas would be -- are already allocated in our funding. We have the funding in our CIP. That's what it was allocated for. We just need the authorization through the contract. The contract does cover both fabrication and installation, and it would be expected to be completed before the end of this fiscal year on June 31. Any questions I can answer? [CROSS TALK] MAYOR DICKEY: Any other comments or questions about this? Any speaker cards? No? Okay. Thank you. Anybody would like to make a motion, please? COUNCILMEMBER MCMAHON: I move to approve the amendment to PlaySpace Designs contract 2021-048-1 for the purchase and installation of two ramadas at Four Peaks Park. MAYOR DICKEY: Thank you. COUNCILMEMBER GRZYBOWSKI: Second. MAYOR DICKEY: Great. All in favor, please say aye. IN UNISON: Aye. MAYOR DICKEY: Any opposed? Thanks, Rachael. MAYOR DICKEY: Next, Grady, you're probably going to open this up (indiscernible) Park Place? MANAGER MILLER: Yes. I just want to let you know, this is an item that we have seen before on the Council agenda. And Development Services Director John Wesley is going to be providing a staff report and overview of the request that's before you. DIRECTOR WESLEY: Oh, hold on. Oh no, I grabbed the wrong report. You don't want to see that one again. Oh no, it seems I might not even have it up here. Grabbed the TOWN OF FOUNTAIN HILLS Page 45 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 45 of 66 wrong on earlier when I was getting these off the -- DIRECTOR WESLEY: (Indiscernible) -- DIRECTOR WESLEY: No, it doesn't mean anything at all. DIRECTOR WESLEY: (Indiscernible). DIRECTOR WESLEY: Yeah, I think I -- unfortunately, I think I grabbed the wrong report, so it's going to take me a minute. Yes, I'm sorry, Mayor. I have to go back here and grab the right report. And with this funny mouse, it's not always easy. Okay. [CROSS TALK] DIRECTOR WESLEY: There we go. Now we got the right one. Okay. Sorry about that little delay. So yes, we are here again this evening to talk about amended site plan that we received for the Park Place Development. Just again, briefly to put things in context, 2016, the Council approved a development agreement and the overall master land use concept for this development that would include five buildings, up to 420 dwelling units, and 43,000 square feet of commercial space. Now, we're talking about Phases II and III, Phase II being the one at Avenue of the Fountains and Saguaro, Phase III being over off of Verde River. First, we'll look at the Phase II, get moving in a little closer to that particular location just east of the existing building and to the -- and to the north of the hotel area. So some of the changes on the site plan from what you've seen before, they now do have commercial development facing the Avenue. And you'll see another look at that in a couple of slides. There was previously a driveway coming in here to a parking lot. They've narrowed that to just a pedestrian connection. To replace some of the dwelling units lost here, they've added some in here. There was parking here. There's now green space. Parking's been moved over here, so the alleyway that brings -- the (indiscernible) that brings into the underground parking, then also provides access to the -- to that parking lot. And does show 8,000 square feet of commercial space that was discussed in the original concept as well as the parking for that. So that's a little closer view so you can see, then, those commercial spaces along the Avenue. Again, direct access to those from the Avenue. The landscape plan for the TOWN OF FOUNTAIN HILLS Page 46 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 46 of 66 development and then the elevations. This was starting at the Saguaro east end of the property. The red line on here is the finished floor. The green line is the sidewalk. So you can see how those compare. And then, probably most importantly here again, you can see the shop fronts as we come up with the stairs, either going up a little bit or down a little bit, by the access here at the north end -- or the west end, excuse me. That's a little over three, almost four feet from gray to the floor there. So less than what you see at Georgie's (phonetic) today. So very comparable here in terms of the existing development and to the west of how these commercial spaces and shop fronts would look and work in this particular phase. And so here is a rendering of the colors, materials that are proposed for this building. So it complies with the town center zoning as amended and stated in the DA. It's under the maximum building height, provides 8,000 square feet of ground floor, nonresidential and provides parking as required through the DA. Any questions on this portion of the plan before I move to the next one? Okay. Then the Phase III piece over here at Paul Nordin and Verde River includes the town right-of-way and town-owned parcel to the south there. So this one hasn't changed, except from what you've looked at recently. It has the U-shaped building with the center amenity area. Parking surrounds the building. There's got covered parking. All the areas with the Xs are the covered parking, and the New Town Parking Lot, and the Art Walk area. And the parking's been provided for this consistent with what the DA would require. Landscape plan for the development and the building elevation, similar color palette materials to those in the Phase II. And with this, we do have a prospective rendering what that would look like. So again, as complies with the DA, it's under the maximum building, meets the required parking, provides Art Walk. As kind of, a follow-up item as this moves forward, you'd see us come in with abandonment of the Paul Nordin right-of-way so that can be properly used for the town parking lot and some of their parking. Any question on this piece? MAYOR DICKEY: I had some conversations with people with historical knowledge, and they asked me about the footprint of Building B. Is that different than what they TOWN OF FOUNTAIN HILLS Page 47 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 47 of 66 thought way back? DIRECTOR WESLEY: So if we go back here to this very first slide, you'll see that there is some slight difference in them, but it's comparable in size. So before, it was two L- shaped buildings, and so they've been adjusted a little bit to be a U shape instead. It has the same number of units in it though. MAYOR DICKEY: Okay. Thank you. And then the -- well, so what's going to happen now? Are we going to hear another presentation, or is this where we ask questions? MANAGER MILLER: This is appropriate to ask questions. And then, John, you've covered your complete staff report -- DIRECTOR WESLEY: Yes, that was my report. MANAGER MILLER: -- so the applicant is also here tonight if there's questions of the applicant. MAYOR DICKEY: Okay. All right. Any questions? COUNCILMEMBER MCMAHON: Yes, thank you. John, I have a couple questions. The parking. At the end of the recommendation of the agenda, it says that, "Amend the Development Agreement to not require 130 New Town Parking Lot spaces." So what will be required, and are you confident that that would be sufficient given where the phase is going to be, given that we have a community garden, given we're going to have Dark Skies, we're going to have the Community Center, et cetera, when all of those are open and busy? Are you pretty sure that parking's going to be adequate for this particular phase? DIRECTOR WESLEY: Mayor, Councilmember, I believe you're looking in the piece of the staff report that was from the Planning and Zoning Commission, their recommendation. So that stayed in there even though some things have changed just a little bit. COUNCILMEMBER MCMAHON: Um-hum. Um-hum. DIRECTOR WESLEY: But at the time, the Planning Commission was primarily concerned about making sure we maintained the Art Walk as original size. COUNCILMEMBER MCMAHON: Um-hum. DIRECTOR WESLEY: And not wanting to decrease that to provide any extra parking. COUNCILMEMBER MCMAHON: Um-hum. TOWN OF FOUNTAIN HILLS Page 48 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 48 of 66 DIRECTOR WESLEY: For this to meet that 130 spaces, they're suggesting that, either amend the DA or find it someplace else to address that. As the Council's continued to discuss that, I think the Council's maybe been a little bit more aware of what the needs might be here. The fact that this site plan is showing as many parking spaces for the New Town Parking Lot as it always has -- COUNCILMEMBER MCMAHON: Um-hum. DIRECTOR WESLEY: -- the losses really come from the Phase I development that ended up not being able to provide all the parking. And so whether you really need to amend the development agreement or not would be up to the Council if we don't get up to that 130 spaces. But going back to the main point in your question, in terms of this development -- COUNCILMEMBER MCMAHON: Um-hum. DIRECTOR WESLEY: -- for these apartments, yes, I believe there will be plenty of parking. There will be some left over. How much depends upon how many people who rent here have two cars -- COUNCILMEMBER MCMAHON: Um-hum. DIRECTOR WESLEY: -- versus one. COUNCILMEMBER MCMAHON: Okay. DIRECTOR WESLEY: But there still should be, again, plenty for this development. There should be some left over for other town needs. How much, again, it's hard to say. COUNCILMEMBER MCMAHON: Okay. Thank you. MAYOR DICKEY: John, do you know would the existing buildings be following in the same color pattern and all -- like as what we're seeing right here? Would it look all the same on Avenue of the Fountains? DIRECTOR WESLEY: Mayor, that would be a good question for the applicant. I believe so from what he's told us and has discussed doing. But it would be a good question for him. MAYOR DICKEY: Okay. Yeah, that'd be great. Thanks. Yeah, could I have, like, maybe a couple of others, too. So yeah, the consistency or however the -- OKAMOTO: Right. MAYOR DICKEY: -- buildings would look? TOWN OF FOUNTAIN HILLS Page 49 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 49 of 66 OKAMOTO: Yeah. Madam Mayor, thank you. Vice Mayor, and Councilmembers. Yes, what we're going to do in connection with this is paint the Phase I and get rid of the beautiful green that's there. So that's something we'd like to do -- or would like to make it a very consistent look throughout so that this next phase will really be a continuation of the phase with basically this sort of a color palette. MAYOR DICKEY: So before the -- I think it was Building B -- they showed, like, a kind of, a burgundy color. OKAMOTO: Um-hum. MAYOR DICKEY: I like that color better than the orange. So -- OKAMOTO: Actually, it's supposed to be kind of the -- you know the color of the metal right now? It's supposed to be -- MAYOR DICKEY: Yeah. OKAMOTO: -- more like that. It just -- MAYOR DICKEY: Because that one looked a little bit more -- OKAMOTO: Yeah, it's richer. MAYOR DICKEY: -- dark red-ish, rather than orange. OKAMOTO: Yeah, it's more -- what we want to make it is more of kind of a desert neutral type colors. So it's probably going to be a very similar color to that, which is already -- MAYOR DICKEY: To the railing? OKAMOTO: -- there. Yes. MAYOR DICKEY: Okay. Because, I know -- OKAMOTO: That more rust color. Yeah. MAYOR DICKEY: -- I'm dating myself, but this reminds of the Howard Johnson's. [LAUGHTER] OKAMOTO: Yeah, it was supposed to be changed, but you know -- MAYOR DICKEY: Okay, that's great. Then there were a couple of other things from the original. So one had to do with Wi-Fi for Avenue of Fountains. OKAMOTO: Um-hum. MAYOR DICKEY: Is that still something in the mix or -- OKAMOTO: Yeah, that's something in the mix that we're working with staff on. And TOWN OF FOUNTAIN HILLS Page 50 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 50 of 66 well, I don't want to go in through all the details, but some of the details has to do with CenturyLink -- MAYOR DICKEY: Okay. OKAMOTO: -- who are refusing to respond after -- and we have the email trail of literally years of trying to get them to respond on this, and their absolute refusal. MAYOR DICKEY: Okay. OKAMOTO: So yeah. MAYOR DICKEY: Well, if everybody's on the same page with that, that's good, right? OKAMOTO: Yeah. MAYOR DICKEY: Then one of the other things had to do with the concrete. I know we discussed this, but kind of the bare concrete and -- OKAMOTO: Exposed. MAYOR DICKEY: Exposed, yeah. So would that -- OKAMOTO: Oh yeah, that would be painted as well. MAYOR DICKEY: Yeah, we were either going to paint it or -- OKAMOTO: Yeah. MAYOR DICKEY: -- because I think that was part of it or screen it? Was that actually something different? OKAMOTO: No, no. We'd actually like to paint that. And then also, there's certain things so that we'd like to actually use some landscaping to screen -- MAYOR DICKEY: Yeah. OKAMOTO: -- to make it more attractive. MAYOR DICKEY: That's what was talking about -- OKAMOTO: Yeah. MAYOR DICKEY: -- something they called a green screen. OKAMOTO: Um-hum. MAYOR DICKEY: Okay. I think I just saw a light. Alan? MAGAZINE: If this is approved, what do you see as the next steps? OKAMOTO: Well, the next steps really is workers continue the planning process through -- with getting the permitting. And also, as you know, I've already met with the Mayor, the Vice Mayor, and a few of the councilmembers. We continue to solicit TOWN OF FOUNTAIN HILLS Page 51 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 51 of 66 basically ideas and input. We've done so with the community as well. We do so with our tenants. And what we want is a project that will be something the town can be proud of. So that's our intention moving forward. MAGAZINE: Um-hum. MAYOR DICKEY: Councilwoman. COUNCILMEMBER GRZYBOWSKI: Thank you for bringing back something that is more in line with the development agreement. I was one of the people that met with you, and I told you how important that was to me and why that was very important to me. So I really appreciate you coming back and bringing that commercial back in looking like -- where you can see it and access it. And it's not quite as shady going down into the basement to get to the commercial areas. Also, thanks for talking about repainting the existing buildings. Because I got to tell you, that is the number one complaint I get when people talk about the downtown area, is the existing buildings. And I told you on the day that we met as well. So thank you for making that a priority for you as well because it sure is for the -- you will, seriously, hear cheers when the paint guys come and paint that green away. OKAMOTO: Okay. Myself will cheer. So -- COUNCILMEMBER GRZYBOWSKI: Okay. Well, we'll all go out for beers. Thank you. OKAMOTO: Yeah. There you go. MAYOR DICKEY: Do we have any speaker cards for this? CLERK KLEIN: We do. We have one written comment in support of it. And then we have one speaker, Jay Schlum, would like to speak. MAYOR DICKEY: Okay. SCHLUM: Thank you. Mayor, Council, staff, good to see you. Thanks for considering this and sounding like it's moving forward. So I'm looking forward to getting some vibrancy to our downtown. And apparently color is going to be very important. You know, we get a lot of comments on that. But I'm excited to get some more dollars spent on our downtown to build up that vibrancy downtown. So thanks for having it. And I'm in favor of the development agreement continuing forward. Thanks. MAYOR DICKEY: Thank you, Jay. TOWN OF FOUNTAIN HILLS Page 52 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 52 of 66 Any other -- no? Any other questions or comments? Mike? SCHARNOW: Yes. Thank you, Madam Mayor. And I just wanted to point out that we got behind the P&Z Commission on this one and backed them. And that's why we denied it the first time around. And so I just wanted to point out that they brought forth some recommendations, and we're behind them. MAYOR DICKEY: So if there's isn't any further -- aren't any further questions, we have two suggested motions. We can pick them or talk about them, or somebody can make one of them. It's up to you. Vice Mayor? VICE MAYOR FRIEDEL: Move to approve the amended site plan for Park Place Phases II and III, subject to providing a complete site plan package as required by Section 2.04 of the Zoning Ordinance and meeting all of the requirements of the town policies, codes, and ordinances. COUNCILMEMBER MAGAZINE: I'll second that. MAYOR DICKEY: Thank you. We have a motion and a second. Is there any further discussion? All in favor as the motion as stated, please say aye? IN UNISON: Aye. MAYOR DICKEY: Aye. Any opposed? COUNCILMEMBER MAGAZINE: Nay. MAYOR DICKEY: Thank you. Did you get that? CLERK KLEIN: Yes. MAYOR DICKEY: Okay. Thanks very much. Thanks for all your work. Our next item is -- I'm sorry. Grady, are you going to open this up? Or John, you want to just go straight into it? This is about our ADERO. MANAGER MILLER: Right. Our Development Services Director will give a brief report on this request before you tonight. MAYOR DICKEY: Thank you. DIRECTOR WESLEY: Mayor and Council, Adero Canyon development resort, all very familiar with it. It was approved with rezoning and a development agreement in March of 2017. Among other things, it allows up to 300 rooms and 50 feet of building height. The development agreement associated with that was a ten-year agreement. That first TOWN OF FOUNTAIN HILLS Page 53 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 53 of 66 phase, 140 rooms and the almost 8,000 square feet of convention space had to be done by March of 2020. They were able to do that. Phase II, 110 rooms is to be completed by March of 2023. And Phase III, 50 rooms by March of 2027. Unfortunately, at the time the first phase opened, a little thing called a pandemic got started and impacted their ability to get the occupancy levels that they were anticipating would like to have up front. And it has slowed their ability, then, to move on with the subsequent phases of the development. So I've requested a five-year extension to that development agreement with the time frames as shown for Phase II now to be completed by March of 2028 and Phase III by March of 2032. So on the service of it, that's a fairly easy and straightforward modification to the development agreement as the staff has looked at that and had some discussions with the Council. During this process, they changed from being called Copperwynd to ADERO Scottsdale. And their website has maybe not advertised as much as we might like the fact that they're in Fountain Hills. But we have expressed those ideas, concerns to them, and they have been working with us to make some changes to their website, some of which are illustrated here. They have two websites. Aderoscottsdale.com is the first one that we'll look at. So right on the very top of that one -- we just have to scroll down into the opening banner -- you see that they do tell the world that they are in Fountain Hills. One of the issues we had was with this slide where it's talking about being in Scottsdale and Fountain Hills. They have modified that so it takes out that lead. So it just lets people know that this is in Fountain Hills. Another place we'll talk about, Fountain Hills and the festivals that we have. And then there is another place under the things to do, where I get -- it seems to emphasize Scottsdale in being in that particular area. But some other changes they've had, they've added in in this one, thanks to Scotts -- or thanks to Fountain Hills, in that regard to the Dark Skies. They took out the reference to the Dark Skies making it sound like it was part of Scottsdale in this particular location and also in this one. Their other website is the marriott.com website. And I'll get on this very first opening screen right below that picture, they've taken out the references to Scottsdale and referenced Fountain Hills. So again, it's more obvious that the hotel is -- the resort is in TOWN OF FOUNTAIN HILLS Page 54 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 54 of 66 Fountain Hills. Some of the changes they've made in response to the Council's comments and questions. There is a representative here who could, maybe, answer any questions you have or give you further information about what they have done or can do. MAYOR DICKEY: Thank you. Any questions from Council? Do we have any cards? CLERK KLEIN: We do. We have one written comment in support. And then we have two that would like to speak. First is Betsy LaVoie. LAVOIE: Good evening. I'm speaking in support of the extension of time for ADERO Scottsdale. ADERO had a time line for its next two phases of development, pre- approved, that were greatly affected by the COVID pandemic, as you know. It's my understanding that this is simply an extension of time without any other changes to height, concessions, or room additions. With the pandemic closures, the hotel industry was greatly impacted. And this extension of time allows for not only those years lost due to the global pandemic but also the severe shortage of building supplies and construction services that resulted. I understand the rebranding of Copperwynd to ADERO Scottsdale was in question. However, as the CEO and President of the Fountain Hills Chamber of Commerce, I speak on behalf of our business community to share that we embrace the addition of the Marriott name and with it, the Scottsdale naming. This is a marketing effort, and this marketing effort only supports our town by bringing in visitors and tourists who are looking for a Scottsdale resort. This is common practice for luxury resorts with eight Paradise Valley resorts utilizing the Scottsdale name in its name. The success of ADERO Scottsdale is a success for the Town of Fountain Hills as all bed tax and tourism dollars are paid to the Town of Fountain Hills not Scottsdale. The ADERO branding clearly recognizes and shares all that is Fountain Hills in all of their marketing efforts. And I know it was mentioned that some of the changes were made. And I believe that all of the changes were made. So I sincerely hope that this extension of time for the pre-approved agreement passes. Thank you so much. CLERK KLEIN: Next is William Hinz. HINZ: Mayor, Council, excuse this. Part of being born and raised in Arizona is constant TOWN OF FOUNTAIN HILLS Page 55 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 55 of 66 skin cancer removal. Thank you. We have been through a tough few years, but it wasn't that long ago we were in this room approving this project. It was a massive leap of faith for me and for the town. I promised then we would get it done. And I'm so proud that it's here. So I'm very proud of the Marriott name. I'm glad of what it is. It's still a boutique hotel carrying that autograph brand. And it's going to be a smashing success. But we were really knocked off our feet. We didn't come to the town for anything. We just fought our way through as well as we could. Staff is back up. We're approaching 100 employees. We're still contributing to all the charities in town. I'm past Chair of the Chamber of Commerce. I try to give where I can of time or money. It's been difficult with money, with what we just went through. But I'm really excited for the future. And it's still going to be everything that we thought it was. We don't want anything other than a little bit of time. And I just wanted to come here personally to let everybody know we're still here. The hotel and myself are members of this town. And yeah, we need a little help. So thanks. That's all. MAYOR DICKEY: Hey, Bill, I have a couple questions for you. And I don't if anybody else would like. Do you have questions yet? HINS: I just had a comment. MAYOR DICKEY: Yes, go ahead. UNIDENTIFIED SPEAKER: I'm happy to see the changes on the website. I think that shows the effort that's been put forth by you recognizing the Town of Fountain Hills. And we appreciate you. So I'm all for this. So thanks. MAYOR DICKEY: So I just want to ask about the actual address saying Scottsdale, Arizona. So do you ever see any issues with that as far as -- because you know, we don't have a property tax or however, it's actually -- HINZ: Yeah. MAYOR DICKEY: -- like, literally, legally described. HINZ: That's a great question. So the way the rules work is you can use whatever city name as long as you share a ZIP code. So fortunately, we sit in a ZIP code where we're allowed to use that. How they're doing it at all the other resorts, I don't understand. If you Google Marriott's TOWN OF FOUNTAIN HILLS Page 56 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 56 of 66 flagship Camelback Inn, it's so squarely in the middle of Paradise Valley it's shocking. But the address is Scottsdale. So I don't know how they do it, but we do it very simply. We didn't go to the post office and make a change. You can send your letters. You can send correspondence to Fountain Hills, and it all comes to us. But the post office said, you can also use Scottsdale in your address because it's shared. And I remember -- yeah, I wasn't even going to go down this road, but I remember when it came up that to get the Marriott brand, we needed to be in the sales-marketing area of Scottsdale. We needed to carry that in our name. And I sat down with the then mayor and the Council, and I just said I just want you to know you're going to hear about this. I want to say it first. Is this going to be okay? And they said, where's the tax revenue going? And I go, it's coming to you. And where are all the customers going to come? You can't eat at the resort more than maybe one meal a stay. It's extremely expensive. It's too expensive for me to eat there. So it's on our TVs. It's on our -- if you go to the front desk and ask them where to go, they're going to give you a list of restaurants in Fountain Hills. And I watched the food bags come back in. And I watch the customers flow out the door. So I think we've been a really good neighbor to Fountain Hills. And I will say -- and I know I've said this before, my goal -- and I'm not sure if Fountain Hills wants it, but I would love one day to be able to say just Fountain Hills. I mean, that would be a really neat goal for me that Fountain Hills was known as a resort town. But I don't even know if Fountain Hills wants that, so. COUNCILMEMBER GRZYBOWSKI: A couple of things. First of all, I looked up the ZIP code. I went to the usps.com website and I looked up the ZIP code for both Fountain Hills as well as Paradise Valley. And Fountain Hills does tell you that it recommends the names Fountain Hills, AZ. Other city names recognized for addresses in this ZIP code are Fountain Hills -- Hills spelled incorrectly -- and Scottsdale. So it is actually on the usps.com website. Also, Paradise Valley, exactly the same thing. HINZ: Oh okay. So that's it. COUNCILMEMBER GRZYBOWSKI: Where the recommended city name is Paradise Valley, AZ, but then they spell Valley wonky for the alternate addresses. And Scottsdale TOWN OF FOUNTAIN HILLS Page 57 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 57 of 66 is there as well. So it is actually officially on the usps.com website. And as a business person, myself, I completely understand the marketing behind it, and I don't have a problem with it. Of course, you do want to see it on the website as much as possible that it's Fountain Hills. Also, I too want to mention I'm a big Yelper. And we have had two people that have stayed at your place that hit me up via Yelp before they came. Don't know them from Adam, but they were coming in specifically because you were a Dark Skies resort, and they asked me where they should go eat. So it is out there and people know. I realize it's not ideal for us, but I do think it's the right marketing plan that you guys needed to do. So I don't have a problem with that myself. HINZ: Very nice. Thanks. COUNCILMEMBER SCHARNOW: Yes, thank you, Madam Mayor. Yeah, Bill, I'm going to be a reluctant yes on this. It's just, I understand marketing and all that. And I don't think it's our own pride. I guess it was just kind of like -- seemed like a somewhat minor slap in the face. So I'm glad these changes were made on the website. And it's the monument sign at Palisades, is that off limits because I've got a lot of comments. Says Scottsdale. HINZ: That's in Scottsdale. COUNCILMEMBER SCHARNOW: Well -- HINZ: That's one of our -- we have a couple properties as part of the overall -- COUNCILMEMBER SCHARNOW: Yeah. HINZ: -- that are actually in Scottsdale -- COUNCILMEMBER SCHARNOW: Yeah, I understand that. HINZ: -- and the sign's one of them. Yeah. COUNCILMEMBER SCHARNOW: Yeah. It's just if people already booked a room and they're driving there, they already know it's ADERO. It's just kind of a visible sign out there that people notice and I hear comments about it. And a lot of people don't understand just the whole history of that because City of Scottsdale kind of blackmailed Fountain Hills back in the day. And the 405 acres was annexed by Scottsdale. And that's why we have the situation that we have today where, like, Hidden Hills and some of TOWN OF FOUNTAIN HILLS Page 58 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 58 of 66 those other subdivisions on the way to your resort are actually in the City of Scottsdale. So it's just -- it was a -- HINZ: It's the strangest street I've ever seen. COUNCILMEMBER SCHARNOW: Well, yeah. And it was the only way they'd give us permission to have an incorporation election. So I was just -- and a plastic surgeon was going to build a big resort over there, and it just never materialized. And it just reverted back to MCO at the time. So it was just kind of a big fiasco. But here we are today. And the original developer of Eagle Mountain, he did the same thing too. I was editor of the newspaper back in that day. And it was Eagle Mountain, 144th Street and Shea, Scottsdale, and wrote a column about it. And he was all upset. But yeah, it's marketing. I get it. But I just wanted to get my two cents in there, so. HINZ: No, and I hear you. COUNCILMEMBER MCMAHON: I have a comment too. MAYOR DICKEY: Yes. COUNCILMEMBER MCMAHON: I agree with Mike. Every time I drive up the hill there and I see that it's just in Scottsdale and yet you're in Fountain Hills, I think you're really taking away from Fountain Hills. And I really think it's unfair. While you can sit there and you can say about the ZIP code and this and that, you made a choice. And this resort is in Fountain Hills. And I feel like you're robbing Fountain Hills of the identity of having that to some degree. And I think you also mentioned that it's part of marketing. Well, marketing is marketing. People can make decisions, and they can be inclusive or exclusive. And you mentioned that you hope in the future that this might be changed. Well, to me the future is now. So I would really like to see that sign on the top of the hill going into Adero Canyon switched from just Scottsdale to Fountain Hills because it is in Fountain Hills. And I just don't understand that thinking about it. I would think that you would want to partner up more and not be exclusive and be more inclusive. HINZ: I understand. I understand. What's on that sign is just our legal name. It's ADERO Scottsdale. But I understand totally -- COUNCILMEMBER MCMAHON: I'm not buying it's just a legal name. The very fact TOWN OF FOUNTAIN HILLS Page 59 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 59 of 66 that it's situated right there in Fountain Hills, it should say Fountain Hills. It really should. HINZ: I understand. We couldn't have gotten the brand and we couldn't have built the hotel. And that's why years ago, we all sat down, this Council and me, and we talked about it. And they said it's more important we get the project. And it's easier now later to come back and say, boy, now I wish it was, but I didn't have that choice. So -- COUNCILMEMBER MCMAHON: I hear you but -- excuse me for interrupting. You said, hopefully, in the near future that that's going to change. HINZ: If the identity -- if I could ask 100 people in the Midwest how many know -- COUNCILMEMBER MCMAHON: We're not in the Midwest -- HINZ: -- Scottsdale and how many know Fountain Hills, it's not -- when I speak at town events and I go speak to the realtor association, who am I speaking to? The Scottsdale Association of REALTORS. Why? Why aren't I speaking to the Fountain Hills Association of Realtors? It doesn't exist. So I'm just saying, that's -- Fountain Hills may one day have those names. It's just a name, and I mean that -- COUNCILMEMBER MCMAHON: No, it's not just a name. HINZ: Okay. MAYOR DICKEY: So we're moving forward -- HINZ: Okay. MAYOR DICKEY: -- with some branding and things like that. So you can understand why it's important for us and -- HINZ: And very important to me too. And -- MAYOR DICKEY: So the three previous and new examples that you had, I would -- I just wanted to ask you, on the first one, it says, thanks to the Town of Fountain Hills community preservation efforts. Would you consider putting in, thanks to the Town of Fountain Hills achieving Dark Sky Community status and the natural screening? That way, it would be the only place, I think, that identifies us as the actual Dark Sky Community. It's just a little, small change. And then in that same paragraph, it says, soon -- or the city will soon be home to the International Dark Sky Discovery Center. Could we put town instead of that? That's just a -- HINZ: Of course. TOWN OF FOUNTAIN HILLS Page 60 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 60 of 66 MAYOR DICKEY: That's a natural thing that we have done. HINZ: Yeah. MAYOR DICKEY: And then let's see. I didn't think you had to take out the other -- necessarily the other references you had to Dark Skies. I mean, from the only Autograph Collection resort in a certified Dark Sky Community. I get it ,but it's the truth. HINZ: Right. No, I agree. MAYOR DICKEY: But it just occurred to me because that one also is the truth, and you are in Fountain Hills, and we intend to have you be happy that someday, like you're saying, that you can market it as Fountain Hills. And this is all part of what we're doing here. And I think earlier you said something about maybe not wanting that identity, but I like that. I think this all goes wonderfully with our community to have resorts. HINZ: Great. MAYOR DICKEY: So anyway, are there any other questions? HINZ: Could you write that down? MAYOR DICKEY: Yeah, I'll send you -- HINZ: Okay. Thank you. Yeah. Thank you. MAYOR DICKEY: I'll send you a little notice just, like, town, I guess. COUNCILMEMBER MAGAZINE No, not a question. I share the concerns, but I do want to congratulate you for successfully weathering the COVID situation because a lot of businesses haven't. And so I think it's -- I think it's a major asset to Fountain Hills. I do wish the names were different, but it is what it is. And I'm glad you've been able to survive the COVID situation. Thanks. HINZ: Thank you. MAYOR DICKEY: Yes. Vice Mayor. VICE MAYOR FRIEDEL: Is there any hope, maybe in the future, to put Scottsdale/Fountain Hills on that sign? I don't know, down the road or -- MAYOR DICKEY: (Indiscernible) -- VICE MAYOR FRIEDEL: Then you make everybody happy. HINZ: Yeah. I think overall branding is something we may look at. And I think that's just a normal process. And it may be to take off both, right? There may be a point at which we just rebrand the whole thing. That's a pretty extensive process, but yes. TOWN OF FOUNTAIN HILLS Page 61 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 61 of 66 MAYOR DICKEY: Yeah, we're not looking to add any expenses here to what you're doing, but it's a goal. HINZ: Yeah. Yeah. MAYOR DICKEY: The motion is on page 152. Can I get a motion? VICE MAYOR FRIEDEL: Move to adopt resolution 22-16. COUNCILMEMBER MAGAZINE: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. IN UNISON: Aye. MAYOR DICKEY: Aye. Any opposed? Thank you. Thank you very much. Next, Justin, are you up? MANAGER MILLER: He is. MAYOR DICKEY: Striping, yes. DIRECTOR WELDY: Madam Mayor, Vice Mayor, Councilmembers, if I may, a little bit of housecleaning first. In regards to contracts for pavement markings, we came to the Council last year and asked for an amendment for a nearly identical contract for the same services. It should be noted that shortly after that, that company was acquired by a much, much, larger firm. We were notified that when we requested work related to the Desert Vista crosswalk that the fee structure had changed. And also, there was a cumbersome process to procure and secure the services. After a considerable amount of negotiation, we decided that that contract was no longer in the best interest of this town. The reason I bring that up is for those that pay attention to the limited funding we have in streets, it would appear that we now have two contracts totaling $200,000. In fact, we don't. The previous contract has ended, and we will not be using that. With that said, and thank you for that opportunity, as noted in the staff report, pavement markings are a very important part of this town. We do not have many street lights. Those that we have, historically, are not enough to illuminate our roads. You'll note that as part of the Pedestrian and Traffic Safety Committee, we take recommendations and guidance. Those recommendations and guidance have benefitted this community through enhanced pavement markings, also rumble strips, illuminated TOWN OF FOUNTAIN HILLS Page 62 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 62 of 66 stop signs, and a whole host of other safety items related to this particular type of contract. With that said, we are once again approaching the season when we need to freshen up some of the stuff so it will be nice and bright and shiny. And we have additional pavement markings coming up as part of our pavement management plan. We are asking for the $100,000 increase to be able to accomplish that, not only this fiscal year but into next fiscal year as well. That said, I'll answer any questions that I'm able. MAYOR DICKEY: Questions? Anybody have any questions? Do we have an speaker cards on this item? No? Okay. Thank you. Oh, is this for this? CLERK KLEIN: Well, it is and (indiscernible) -- MAYOR DICKEY: Okay. Ed Stizza? STIZZA: So I have a question. And this has been -- we've all been so busy on bigger items. But we have -- this was probably the best place to say it -- which is, there's stop signs throughout town. They blink 24/7. Absolutely unnecessary. So can we get sensors on them with that money? So why is that so difficult? Right? I know several people here, those things are blinking into their homes on a daily basis at night. Very simple. The ones downtown, that's a different story. But well, actually, might as well do them all. So is it possible to put a sensor on them? DIRECTOR WELDY: Mayor and Council, I know it's not related to this topic, but I will let Mr. Stiza know that they do have a sensor where at night it's not as bright as it is during the daytime. They actually are brighter during the daytime because during the daytime with the sunlight, they actually are harder to see. So they are brighter at -- STIZZA: That's great (indiscernible) -- DIRECTOR WELDY: -- during the daytime, but at nighttime they do tone down so that they're still visible but they're not nearly as bright as what they are during the daytime. So -- STIZZA: So I'm going to take -- I'm going to show you video. I don't know if you've camped out and looked at those at night, but I can tell you right now they are absolutely blowing what you just talked about, which was your Dark Skies. TOWN OF FOUNTAIN HILLS Page 63 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 63 of 66 DIRECTOR WELDY: So I'll -- MAYOR DICKEY: Okay. STIZZA: So (indiscernible) -- MAYOR DICKEY: This isn't on the agenda, so we'll get back -- DIRECTOR WELDY: I thought it was part of that because (indiscernible) -- MAYOR DICKEY: Oh no. This is just Striping. Thank you. STIZZA: Yeah, we'll probably just -- MAYOR DICKEY: Yeah, we'll -- STIZZA: Thanks. MAYOR DICKEY: Thank you. Is there a motion for this, please? VICE MAYOR FRIEDEL: Move to approve the Second Amendment to Contract C 2022-027 with Franklin Striping Inc. in the amount of 100,000 annually. COUNCILMEMBER SCHARNOW: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. IN UNISON: Aye. MAYOR DICKEY: Aye. Any opposed? Thanks. The next two items are related to the League policy committees, next year's legislative agenda, and then bills that are still kind of hanging out there or dead or whatever. So we could probably do both of these. Grady, do you want to do anything? Do you want me to just sort of start? MANAGER MILLER: Yeah, on the policy committee agenda item, which is the item that we're on right now, we're just, respectfully requesting any policy ideas that the Council has. Each year, during the summer annual conference, there is a resolutions committee that does consider policy items that come through from the different city councils. And then those flow to the different policy committees. And in past years -- in fact, I think it's been like the last two or the last three years -- short-term rentals, as an example, has been one of the topics that has come through. It's one of the topics that's been part of the policy agenda of the League. TOWN OF FOUNTAIN HILLS Page 64 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 64 of 66 If there's anything that you wish to provide, that would be great. We can make sure that we meet the deadlines that the League has provided us. So if you have any ideas or suggestions, now would be the time. We're going to have two deadlines. The first one is next week on April 26th. And then the final deadline is May 31st. So I know the hour's late right now. So if you wanted to at least, provide or send an email to me and to the Mayor, then we'll make sure that we can provide this on to the League. I don't believe you actually formally have to take an action on this. MAYOR DICKEY: I agree. I don't think we have to vote. I just wanted to point out that we have members, Councilman Grzybowski is on the Budget, Finance, and Economic Development Policy Committee. And Councilman McMahon is on the Neighborhood Sustainability and Quality of Life Committees. But that doesn't limit us to what suggestions are. We can suggest anything we want. We also have Liz on the one about the general administration, human resources, and elections. So my suggestion is that zoning is a big issue, whether it's short-term rentals, group homes. We had a couple of bills this year that were totally going to preempt all of our zoning so we would not be having any of these conversations. So that bill, itself, died and was -- well, it didn't die, but it was turned into a study committee. So at this point, it's a harmless thing, but it's just something to keep in mind. MANAGER MILLER: Right. MAYOR DICKEY: But it certainly falls into the short-term rental, group home, anything else that they may come in to try to preempt our ability to have zoning ordinances in our own community. There was a bill also, that I do think is not viable anymore regarding condo termination. I think we talked about that. But it's stalled in rules, and I don't think it's going to go anywhere but there's a local connection there. So I'd like us to consider doing something that would support the effort to make that not quite as easy to do and let corporations buy condos, make people sell them, and turn them into rentals. Prop 400 is still not a done deed. And I don't know if the League will care enough about the county, but Maricopa County is the only county that has to request, from the legislature, permission to put something on the ballot. So we have MAG go through all TOWN OF FOUNTAIN HILLS Page 65 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 65 of 66 of this transportation committees, manager committees, regional council, come up with this balance of everybody's needs. And then you go to the legislature and you have to ask them to let Maricopa County ask to continue this transportation half-cent tax. So that's two issues. There's a transportation tax, which I'm assuming is going to happen, that they're going to give us the permission. And then the other overriding, which is about Maricopa County needing to ask for that permission to put that down on a ballot. And then last is as always, the 1487 still exists. They tried to expand it this year. They failed. But again, as we discussed with our stormwater fee, how much -- $600,00 a year or so we would've been taking in, it would have helped us tremendously with all of our water issues. We've been stalled. We've been asked -- the attorney general was supposed to let us know. We still don't know if we're allowed to do it. But 1487 is basically something that, anything any of us do at all is questionable by a legislator in Yuma if he just doesn't like it. So I think those are items that I don't know how you write them up or whatever, but those are things I'd like to see as part of our legislative agenda to ask the League to forward them. And that's how the process works. I don't know if anybody else had anything. But as Grady said, we can send it to him. We've got two deadlines and the form to fill out. And then when we go to the League, the mayors and such will vote on whether to forward them. But by then they're usually pretty much a done deal because they've already been vetted. And then I don't know if you had any other questions about any of the bills that we -- you got the Lunsford Group in front of you. There really hasn't been a lot going on because they're doing the budget now. And I think they dropped some budget bills today. The rental sales tax bill appears to be dead, thank God. That was the one -- MANAGER MILLER: Right. MAYOR DICKEY: -- where we wouldn't be able to -- 1116. It has not been heard in the House. So I don't think -- then they're not doing committees any more at this point. And then, the point-of-sale bill though, which was dead, isn't. And that one is the one that by not having a Home Depot or Lowe's or whatever, could really hurt us. So those are the things we're still trying keep track of. TOWN OF FOUNTAIN HILLS Page 66 of 66 APRIL 19, 2022 REGULAR TOWN COUNCIL MEETING Page 66 of 66 Anything else? Aaron, do you have anything to add? No? TOWN ATTORNEY ARNSON: No, Mayor. MAYOR DICKEY: All right. Well, we'll just keep plugging away. Anything else for the good of the order? Motion to adjourn? COUNCILMEMBER GRZYBOWSKI: So moved. COUNCILMEMBER SCHARNOW: Second. MAYOR DICKEY: All in favor? IN UNISON: Aye. MAYOR DICKEY: Aye. Thank you. TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 3, 2022                  1.CALL TO ORDER – Mayor Dickey    Mayor Dickey called the Special Meeting of the Fountain Hills Town Clerk held May 3, 2022, to order at 4:00 p.m.   2.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David Spelich; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember Alan Magazine  Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Klein  3.RECESS INTO EXECUTIVE SESSION    MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Sharron Grzybowski to recess into Executive Session.   Vote: 7 - 0 Passed - Unanimously   4.EXECUTIVE SESSION    The Fountain Hills Town Council recessed into Executive Session at 4:00 p.m.   A.Discussion or consultation for legal advice with the attorney or attorneys of the public body, pursuant to A.R.S. 38-431.03(A)(3).   i.Legal advice regarding community residences and Ordinance 22-01.   5.ADJOURNMENT    The Fountain Hills Town Council reconvened into Open Session at 4:58 p.m. at which time the Special Meeting of May 3, 2022, adjourned.     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor              ATTEST AND PREPARED BY: ______________________________  Elizabeth A. Klein, Town Clerk    TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 3, 2022                  1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey    Mayor Dickey called the Regular Meeting of the Fountain Hills Town Council held May 3, 2022, to order at 5:35 p.m.   2.MOMENT OF SILENCE    A Moment of Silence was held.   3.ROLL CALL – Mayor Dickey Present: Mayor Ginny Dickey; Councilmember Mike Scharnow; Councilmember David Spelich; Vice Mayor Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Peggy McMahon; Councilmember Alan Magazine Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Elizabeth A. Klein 4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER   A.PROCLAMATION: Declaring May 9 - 13, 2022, as Economic Development Week.     5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS   A.PRESENTATION: Update regarding Independence Day activities.   6.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Council agenda.   7.CONSENT AGENDA ITEMS All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the agenda.    MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Alan Magazine to approve the Consent Agenda Items 7-A through 7-D.  Vote: 7 - 0 Passed - Unanimously   A.CONSIDERATION AND POSSIBLE ACTION: Approval of the minutes of the Special Meeting of April 5, 2022; the Regular Meeting of April 5, 2022; and the Special Meeting of April 12, 2022.      B.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-22 approving the Public Art Master Plan Revisions.      C.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-23 Decommissioning and Removing Town-Owned Artwork " Man in the Moon" from Public Display in Fountain Park.      D.CONSIDERATION AND POSSIBLE ACTION: Approval of budget transfers for the Special Revenue Fund, Tourism Fund, and Capital Project Fund.      8.REGULAR AGENDA   A.CONSIDERATION AND POSSIBLE ACTION: Adopting Resolution 2022-18 of the Mayor and Council of the Town of Fountain Hills, Arizona, setting forth the Tentative Budget and establishing the maximum budget amount for the Town of Fountain Hills for the fiscal year beginning July 1, 2022, and ending June 30, 2023.       MOVED BY Councilmember Peggy McMahon, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution No. 2022-18.  Vote: 7 - 0 Passed - Unanimously   B.CONSIDERATION AND POSSIBLE ACTION: Ordinance 22-01, amending Chapters 1, 5, 10, and 11 of the Zoning Ordinance to provide the definition of family and community residence, the regulations for community residences, and provide the zoning districts where community residences are permitted.       MOVED BY Councilmember Peggy McMahon, SECONDED BY Vice Mayor Gerry Friedel to adopt Ordinance 22-01, including the amendments discussed during the meeting.  Vote: 6 - 1 Passed  NAY: Councilmember Mike Scharnow   C.CONSIDERATION AND POSSIBLE ACTION: Adoption of Resolution 2022-11 approving an intergovernmental agreement with Maricopa County Animal Care and Control.       MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Sharron Town Council Regular Meeting of May 3, 2022 2 of 4  MOVED BY Vice Mayor Gerry Friedel, SECONDED BY Councilmember Sharron Grzybowski to adopt Resolution 2022-11.  Vote: 7 - 0 Passed - Unanimously   D.CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-14 approving Amendment One to the Intergovernmental Agreement with the Flood Control District of Maricopa County for the Golden Eagle Park Dam-Debris Mitigation Improvement Project.       MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Peggy McMahon to adopt Resolution 2022-17.  Vote: 7 - 0 Passed - Unanimously   E.CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-071 with Shums Coda for 3rd party plan review and inspection services for Phases II and III of Park Place.       Removed from agenda.   F.DISCUSSION WITH POSSIBLE DIRECTION relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.      9.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action, or (ii) directing staff to conduct further research and report back to the Council.   10.ADJOURNMENT    The Regular Meeting of the Fountain Hills Town Council held May 3, 2022, adjourned at 9:09 p.m.    MOVED BY Councilmember David Spelich, SECONDED BY Councilmember Alan Magazine to adjourn.  Vote: 7 - 0 Passed - Unanimously     TOWN OF FOUNTAIN HILLS ____________________________ Ginny Dickey, Mayor ATTEST AND PREPARED BY: ______________________________ Elizabeth A. Klein, Town Clerk Town Council Regular Meeting of May 3, 2022 3 of 4 CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 3rd day of May, 2022. I further certify that the meeting was duly called and that a quorum was present. DATED this 17th day of May, 2022. _________________________________ Elizabeth A. Klein, Town Clerk Town Council Regular Meeting of May 3, 2022 4 of 4 TOWN OF FOUNTAIN HILLS Page 1 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 1 of 80 Post-Production File Town of Fountain Hills May 3, 2022 Regular Town Council Meeting Transcription Provided By: eScribers, LLC * * * * * Transcription is provided in order to facilitate communication accessibility and may not be a totally verbatim record of the proceedings. * * * * * TOWN OF FOUNTAIN HILLS Page 2 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 2 of 80 Now we will call to order our regular meeting, and I would ask you to please stand for the pledge and remain standing. [Pledge] MAYOR DICKEY: Thank you. Please remain standing for a moment of silence. Thank you. Roll call, please. TOWN CLERK KLEIN: Mayor Dickey? MAYOR DICKEY: Here. TOWN CLERK KLEIN: Vice Mayor Friedel? VICE MAYOR FRIEDEL: Present TOWN CLERK KLEIN: Councilmember McMahon? COUNCILMEMBER MCMAHON: Here. TOWN CLERK KLEIN: Councilmember Scharnow? COUNCILMEMBER SCHARNOW: Present. TOWN CLERK KLEIN: Councilmember Magazine? COUNCILMEMBER MAGAZINE: Here. TOWN CLERK KLEIN: Councilmember Spelich? COUNCILMEMBER SPELICH: Present. TOWN CLERK KLEIN: Councilmember Grzybowski? COUNCILMEMBER GRZYBOWSKI: Present. MAYOR DICKEY: Thank you, all. We'll start with our reports by the Manager and Council. TOWN MANAGER MILLER: Thank you, Mayor and Council. A couple of weeks ago, the Chamber of Commerce held its annual gala event and it was really well attended. As part of that event, the Economic Development division annually gives an award to what it considers to be the top attraction or something that was offered new to attract tourism in the community or nearby. And We-ko-pa Casino Resort was recognized for their significant investment, the employment. We have a number of residents here who actually live here and also work there. So anyways, that was kind of exciting to give it to the tribal community next door, and they do so much with the money that actually comes back to our community through a number of grants. So that was great. TOWN OF FOUNTAIN HILLS Page 3 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 3 of 80 Another noteworthy event I wanted to share with the Council was that last Saturday, the Town was the host for the annual Arizona Sister Cities conference. We had about 80 attendees at the Community Center, and it was actually organized by the Sister Cities Corporation -- Fountain Hills Sister Cities Corporation and also the Fountain Hills Sister Cities Commission that the Council appoints. So it was a great event. And we had -- the diplomatic core was represented there, and the featured speaker was the Mayor of Cusco, Peru, which is the gateway to Machu Pichu. So we had a really, really good conference. That's all I have, Mayor. MAYOR DICKEY: Thank you. Councilwoman? COUNCILMEMBER MCMAHON: Good afternoon. I also attended the Sister Cities Conference, and it was really informative, and I met a lot of wonderful people who really are passionate about being part of that conference and the Sister City Organization. And also, I think it's two weeks ago, we had the CARES Forum on dementia friendly. A great speaker, great turnout. I mean, we just had some really fantastic results from that, a very high level of interest. A friend of mine is called who wants to champion being a dementia-friendly city. So I'm looking forward -- we're looking forward to working with her on that. So thank you. VICE MAYOR FRIEDEL: I, too, did attend the Chamber gala, and it was quite a -- quite an event that they put on. So thank you, again, for all that hard work. COUNCILMEMBER SCHARNOW: I was thinking, Mayor. I got a pretty long list here, Grzybowski. I don't know. Well, Gerry is being modest here, because I was at the Chamber gala, as well, and it was on the 22nd, and he was chosen as Volunteer of the Year by the Chamber. So congrats Gerry on that. [Applause] COUNCILMEMBER SCHARNOW: And on the April 20th, the Drug Prevention Coalition, we hosted a symposium at the Learning Center, and we had 75 people. And the Mayor kind of opened our proceedings, but we had a panel discussion about drugged and drunk driving. And a lot of parents and students were there, so it was a very nice event. And our own Judge Melton from our Municipal Court was one of the panelists, as well as one of our former Councilmen, Tait Elkie. So that went well. On the 21st, Valley Metro, we had a board meeting. It was the first meeting for our new TOWN OF FOUNTAIN HILLS Page 4 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 4 of 80 CEO, so that was always exciting. And that was -- later that day was the Fountain Hills CARES event that I attended as well, and found it very informative as my mother-in-law is in those stages of dementia, unfortunately. So it was very educational. And the 29th, we had a vow to drive sober discussion at the high school. Junior and senior classes did different presentations by a woman whose son was a drunk driver and crashed head on, wrong-way driver, and then his best friend and passenger in the seat was killed. And he lived for, like, another 18 years very disabled and so on, but he passed away a couple years ago. But she gave a very, obviously, emotional presentation. It was right before prom on the 30th, so we felt it had a good impact to the high school kids. And then, Take Back Day. Well, welcome back, Captain Larry. It's good to see you. And our Sheriff's Office and other folks coordinated the Take Back Day where we collected prescription and other unwanted drugs out front here at Town Hall on Saturday, and took in 59 pounds in 4 hours. So I just thought I'd pass -- MAYOR DICKEY: Wow. COUNCILMEMBER GRZYBOWSKI: Okay. Well, Mike, you win. My husband's got coworkers in town, and I've been entertaining them for two weeks. I did go to the Chamber gala and I was going to say congratulations to Gerry, as well, but Mike stole that from me. I did get a tour of the Bell Park Legacy Sports Complex with the East Valley -- Phoenix East Valley folks. And I got to say, that place knocked my socks off. It has every sporting event you can possibly think of, plus training to get better at each sport. And it's for the kids, it's for the adults, it's crazy. Also, there's a bar, so that's fun, too. And then, of course, the Arizona League Legislative call yesterday. Otherwise, I've been with the work peeps. MAYOR DICKEY: Thank you, Councilwoman. Thank you, all. So I signed a letter with 26 other mayors from the League asking Congress to allocate water infrastructure funding dollars to Arizona. I went to the theater to do a proclamation for Ross Collins and the 20th anniversary of the Fountain Hills Youth Theatre. Sister Cities, that was great. Again, thanks to Christine Colley for getting that into Fountain Hills. And the Award Gala was great. We gave the Mayor's award, which is really all of us, to the Fountain Hills Medical Center and Emergency Room. They had won two other awards TOWN OF FOUNTAIN HILLS Page 5 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 5 of 80 that night, as well. And I want to congratulate all of the nominees, and those who were recognized, and the Chamber for a very successful event. I was appointed to the nominating committee for MAG -- executive committee, so we'll be doing that in the next year. They have the one-year term, so June is usually their last meeting and then we take the summer off. We did have MAG regional counsel. Yesterday, the Fountain Hills Civic Association -- Cultural and Civic Association had their annual meeting at the Batchelor's Pad, and that was really good. They did a trivia night, so that was -- that was fun. And then last, just to toot my own horn a little bit, 48 Women of the Decade -- we had that announcement a couple months ago, but we had the luncheon at the Biltmore. And it was quite humbling and very nice to be there and recognized that way. That's a Centennial Legacy project. So that wraps that up. Our next item is the proclamation for Economic Development Week. So next meeting, on the 17th, we're going to have a good presentation from Amanda, but right now, I'm going to just come down and give her a proclamation. Amanda, you want to come up? COUNCILMEMBER MAGAZINE: That's pretty good. She's been here less than two months, and she gets a proclamation. MAYOR DICKEY: I'm going to give you the fancy one to hold, and then I will read from the one that I can actually read. All right. You got it? ECONOMIC DEVELOPMENT DIRECTOR JACOBS: I got it. MAYOR DICKEY: All right. This is Amanda Jacobs, our Economic Development Director. And like I said, she'll be presenting at our next meeting. And also, a new video just went up. I think Bo just put that up about tourism and Fountain Hills. There's no town like it. So anyway. Whereas, the International Economic Development Council -- come closer -- is the largest professional economic development organization dedicated to serving economic developers, and the International Economic Development Council provides leadership and excellence in economic development for communities, members, and partners through conferences, training, courses, advisory services and research, in-depth publications, public policy advocacy, and initiatives such as the Accredited Economic TOWN OF FOUNTAIN HILLS Page 6 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 6 of 80 Development Organization Program, the Certified Economic Development Designation, and the Entrepreneurship Development Professional. Is that all? So again, whereas economic developers promote economic well-being and quality of life for their communities by creating, retaining, and expanding jobs that facilitate growth, enhance wealth, and provide a stable tax base, and they stimulate and incubate entrepreneurship in order to help establish the next generation of new businesses, which is the hallmark of the American economy. And whereas economic developers are engaged in a wide variety of settings including rural, urban, local, state, provincial, and federal governments, public-private partnerships, chambers of commerce, universities, and a variety of other institutions, and whereas economic developers attract and retain high-quality jobs, develop vibrant communities, and improve the quality of life in their regions. And economic developers work in Fountain Hills within the state of Arizona. Now, therefore, be it resolved, I, Ginny Dickey, on behalf of the Town of Fountain Hills recognizes the week of May 9th through May 13th as Economic Development Week, and remind individuals of the importance of the community celebration which supports expanding career opportunities and making lives better. There you go. That's a mouthful. Thank you. [Applause] MAYOR DICKEY: Do you want to say anything? DIRECTOR JACOBS: Well, just thank you, to the Mayor and Council. In 2016, the International Economic Development Council created this week just to raise awareness on what economic development is, which, as you heard, is a mouthful. And so next week, we'll have a social media campaign. And so we ask you to help share that awareness and share those posts on the social media platform. And as the Mayor said, there's a lot of exciting things -- I know that you know -- happening in our wonderful town. And so if you guys have time, come to our next council meeting to hear of the updates. Thank you. MAYOR DICKEY: Thank you. DIRECTOR JACOBS: Thank you. MAYOR DICKEY: Thanks so much. TOWN OF FOUNTAIN HILLS Page 7 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 7 of 80 Thanks so much. Next, we have our call to the public. Do we have any speaker cards? COUNCILMEMBER GRZYBOWSKI: What about Rachael? MAYOR DICKEY: Oh. Wait. What? COUNCILMEMBER GRZYBOWSKI: Rachael? MANAGER MILLER: We have a scheduled presentation, Mayor, on Independence Day. MAYOR DICKEY: Okay. It's not on my written one. Sorry about that. Rachael, you're up. Thank you. Why don't I have that here? COMMUNITY SERVICES DIRECTOR GOODWIN: Sure. Sorry. All right. I'm here this evening to give an update on our annual Fourth at the Fountain, our community Fourth of July celebration. And I know -- I've talked with a number of you -- I know this has been kind of a hot topic lately, and so I wanted to just kind of bring and share some community information about where we are. So these are some photos from our past events. I think most of you have seen them or participated with them. It's a great time down at the park. Usually, our event is from 7 -- starts off at 7 with a band. We do fireworks around 9. We have a general attendance of about 8 to 10,000. These are our budgets. We have about $20,000 for our fireworks display, and then another $30,000 to support all of the other amenities, whether that's our entertainment, all of the portable items that need to come in, our road closures, and all the fees and what not associated to put the event on. Just gives you a big picture idea of what we generally do. However, this year, fireworks are really, really hard to procure. It is not just us; it is a -- it is a national issue. But the long and short of it is that roughly 70 percent of the commercial-grade fireworks are manufactured in China. And due to a number of circumstances, including staffing, including covid, including factory closures and whatnot, they're really hard to procure. And then, if you can find them, they are quite expensive. So we've been watching this and working with our vendors since the first of the year. Unfortunately, we were hoping to have some good news to share by this evening that we were able to make -- you know, make some positive progress there. Unfortunately, that is not the case. So what we've done is we've met with a lot of our other community TOWN OF FOUNTAIN HILLS Page 8 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 8 of 80 groups around the Valley. We've been reaching out to figure out what is everybody else doing? How are they managing this situation? And this is just a sampling of other communities and where they're at with this conversation. A number of them are moving with Fourth of July programs without fireworks. A number of them are looking to do alternative entertainment, including drones or laser light shows. And others are altering their date in order to procure fireworks when and where available. So this just gives you an idea. So where that leaves us. The way we -- the staff -- has looked at it, we have essentially three options. One is to move forward with our standard event on July 4th. We have our band, we would have our food trucks, we have a potential for a partnership with Bone Haus. We would still need most of the supporting logistics. However, the likelihood of getting fireworks is low. Alternately, we could cancel the event hanging on to that budget. As you saw, it's not a small budget, and reallocate that budget and still do -- and still light our fountain for that evening. Or we can work with a new fireworks vendor that does have the availability for an event on July 1st, which is a Friday this coming year. So again, we would hold it similar to what we traditionally do on the 4th. We would need -- we do recognize that we would need to do an intensive marketing effort, because our Fourth at the Fountain is sort of our label. So we would need to make sure that our community is aware of that change. And again, as I mentioned, there is a budget escalation due to the increase in the fireworks cost. So this is sort of the three options we have in front of us. You'll note that the staff -- based on all of this information, the staff is recommending moving forward with the July 1st option in order to procure those fireworks as part of the event. MAYOR DICKEY: Thank you. Do we have any questions? Discussion? Yes, Councilwoman? COUNCILMEMBER MCMAHON: Thank you, Rachael. If option C is selected, is it a lot more money? DIRECTOR GOODWIN: It's an increase of roughly $10,000. COUNCILMEMBER MCMAHON: Okay. Thank you. So you already have it TOWN OF FOUNTAIN HILLS Page 9 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 9 of 80 budgeted, basically? DIRECTOR GOODWIN: So we know that our fireworks budget is traditionally $20,000. The quote that we have is about -- is roughly $28,000. So anticipating any other changes. MANAGER MILLER: We'd be able to make the transfer to cover it. COUNCILMEMBER MCMAHON: All right. Thank you. DIRECTOR GOODWIN: Yes. MAYOR DICKEY: Yes, Vice Mayor? VICE MAYOR FRIEDEL: Could we still do C and the first, which is to light up the fountain on the 4th? DIRECTOR GOODWIN: Absolutely. We can do C and then still light the fountain on 4th of July that evening. Absolutely. VICE MAYOR FRIEDEL: Well, that's -- that's the direction I'm leaning. So input. DIRECTOR GOODWIN: Okay. Great. We just wanted to make sure everyone understood that this wasn't a choice that, you know, we made to not have fireworks on the 4th. That this is a large-scale impact to a lot of communities in the Valley. MAYOR DICKEY: So you said we would have to, you know, get the word out. Either way, we will if we're not doing anything on the 4th, right? DIRECTOR GOODWIN: Yes. No matter what, we'll need to do that. Absolutely. But given that we're already in May, 4th of July tends to sneak up on us pretty quick, so we wanted to have enough time to create those, you know, create that marking effort and get that out there before -- essentially by Memorial Day. So the end of the month. MAYOR DICKEY: Okay. MANAGER MILLER: It's a shame because some of us that are traditionalists always think, you know, you celebrate Thanksgiving on Thanksgiving, you celebrate Independence Day on Independence Day, but things are -- the world's really messed up right now, and we can't get the fireworks when we want the fireworks. But I think the fireworks are an essential part, and I do like the idea that having the fountain at least lit that night, special colors, to commemorate Independence Day. DIRECTOR GOODWIN: Absolutely. MANAGER MILLER: We're wanting to bring this before you tonight, because TOWN OF FOUNTAIN HILLS Page 10 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 10 of 80 obviously, we were waiting to see if maybe our fireworks vendor that, as you can see, does all the other fireworks presentations throughout the entire state, was going to be able to come through, but they just haven't been able to. We want to act fast because we want to lock in the date and be able to procure the fireworks. So that's something we can do administratively. The amount is within my signature authority, so we wanted to get you to weigh in and make sure that there was consensus for the staff-recommended option here. MAYOR DICKEY: Councilwoman? COUNCILMEMBER GRZYBOWSKI: If you guys recommend C, I totally support that. But my only question is marketing. It's going to take some extra dollars probably, over above and beyond what you actually already spend on marketing. Do you have any idea what that would be, just so we would have an idea? DIRECTOR GOODWIN: You know, that's a great question. We have not put together a marketing plan on this yet. Kind of -- it was kind of hinging on tonight's decision. Obviously, we will -- we would leverage all of our social media partners. And I think we can probably work with Bo to hopefully get the awareness out through some of our -- whether it's the news outlets and whatnot to make sure that we're on those lists of what's happening, you know, on Independence Day weekend. Because I haven't -- it's not just us that our moving off of this date, so I think there's going to be a lot of effort to make sure that residents in and around the Valley are aware of all the things going on. So we'll want to make sure that we're on those lists, whether it's in the Arizona Republic, or you know, ABC 15, or wherever they are. So we'll work with our partners that way. If we do find that we need to take out more ad space or have more paid representation, I think we can certainly look into that. We have not put that plan together yet, though. MAYOR DICKEY: I'll just put it out there that I understand what Grady was talking about, too, and I mean, if we wanted to do something on the 4th and had lights and music and that such, I'd be okay with that. If you end up -- that ending up being, like, too expensive to go with this, or you know, the vendor doesn't seem quite right, or whatever. I mean, I think the 4th of July is the 4th of July, too, and you have fun, and you have music. You know, we could have patriotic music and such. So I'm fine if that's what it ends up being, too. TOWN OF FOUNTAIN HILLS Page 11 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 11 of 80 DIRECTOR GOODWIN: Great. MAYOR DICKEY: So we're not voting or anything like that. We're just giving you the impressions. DIRECTOR GOODWIN: Yep. Just getting some feedback. MAYOR DICKEY: Okay. Thank you. DIRECTOR GOODWIN: Awesome. Thank you. MAYOR DICKEY: Sorry I forgot you. DIRECTOR GOODWIN: That's okay. MAYOR DICKEY: I printed out the old agenda. That's -- DIRECTOR GOODWIN: Quite okay. MAYOR DICKEY: I wanted to mention that on one of the items on the agenda, 8-E, is not going to be heard tonight. I don't know if Aaron, you want to kind of expand on that. TOWN ATTORNEY ARNSON: Sure. Mayor and Council, thank you. Yesterday, the Town Manager, Development Services Director Wesley, and I had an informal meeting with the developer and their representative. And they had some last-minute changes that they wanted to see in the contract that we weren't aware of. So at this point, there aren't -- there obviously isn't adequate time to make those and make sure that we're back with the contractor to make sure that the vendor is okay with it. So we'll have to pull it and consider it for the meeting on the 17th. COUNCILMEMBER MAGAZINE: Mayor? MAYOR DICKEY: Okay. Yes, Councilman? COUNCILMEMBER MAGAZINE: Aaron, are those changes things that we should be aware of as a Council, or they're just -- ATTORNEY ARNSON: They're more -- they're more technical changes in nature. COUNCILMEMBER MAGAZINE: Thank you. ATTORNEY ARNSON: Specifically, to make it referenced in greater detail the Development Agreement. MAYOR DICKEY: Okay. Because we were prepared to move ahead with that tonight, but we cannot? ATTORNEY ARNSON: Yes, correct, Mayor. MAYOR DICKEY: Okay. All right. The next item is Call to the Public. Again, do we TOWN OF FOUNTAIN HILLS Page 12 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 12 of 80 have any speaker cards? Try again. CLERK KLEIN: Ed Stizza? MAYOR DICKEY: Thank you. I'll just remind you when you come up, please let us know what city or town you're from, but not your actual address. Thanks. STIZZA: Good evening, Madame Mayor, Staff, Council, and Residents of Fountain Hills. So I apologize, I was still writing some of this back there. But can anybody confirm what, who, where caused the blasting last week? And there seems to be some confusion, and without legitimate answers, at least any that I've heard. I mean, everybody assumes that -- STIZZA: -- everybody assumed that it was in Adero Canyon. So the Communications Director confirmed that, supposedly, or at least the Town of Fountain Hills on the website or on social media. So is there anybody that can answer that question, specifically? MANAGER MILLER: This really isn't on the agenda, but I just will let you know that we have not been able to confirm on where the source of that was. We do not believe it occurred in town; we believe it was in one of the neighborhood communities, like at a quarry. STIZZA: So that damage has caused -- or I mean, that -- in those blasting incidences has caused damage to several residences here, so it would certainly be nice to know where it came from. So hopefully somebody can get on that and answer it. You know, so seems to be a legitimate concern. Even Mayor Dickey had posted something on there, so I'm sure everybody read it and I won't repeat it. But if you can answer that for the members of the community, that would be great. So thank you. MAYOR DICKEY: Thank you very much. We have our consent agenda, unless you want to take something off. Can I get a motion, please? COUNCILMEMBER GRZYBOWSKI: Move to approve. COUNCILMEMBER MAGAZINE: Second. MAYOR DICKEY: All in favor, say aye. ALL: Aye. MAYOR DICKEY: Thank you. Our first item is our consideration and possible action on our budget. Grady? MANAGER MILLER: Thank you, Mayor and Council and the public who are here TOWN OF FOUNTAIN HILLS Page 13 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 13 of 80 tonight. One of the most important actions that the Council takes each year is the consideration and adoption of its annual budget and Capital Improvement Program. Before you is a budget that started basically last fall with the Department directors submitting their requests, plus considerable review on the part of the Finance Director and myself of those requests. And then, we also had our Council retreat where there was quite a bit of input that was received from the Mayor and Council on their strategic priorities for the next fiscal year. And so we started back in February with the Council, and we've had a number of meetings with the Council, and then we also had a public open house that we had prior to the Council having their budget workshop just before this meeting last -- it was earlier in the month, correct? So basically, budgeting is basically a spending plan that the Council puts together that identifies the top priorities and strategic issues that they're trying to address over the next 12 months. And that's what you're going to see tonight. We have condensed it to be able to get through it in a little bit less time than what we've done in the past. With that, I'll turn it over to our Finance Director, David DIRECTOR POCK, who will be giving you a presentation on it. DIRECTOR DIRECTOR POCK: Great. Thank you, Mayor and Council. As Grady said, we're adopting the tentative budget tonight. This is all information that you'd seen before, except for these first couple slides. So hopefully we'll be able to get through them a little quicker. Let me know if you have any questions along the way. So first of all, just an update on our TPT collections for the current fiscal year. We're doing very well. We've collected $12.8 million in TPT so far. That's through the end of March. We don't have the April numbers yet. We had 12.1 budgeted, so as you can see, we're about $700,000 above what we had thought we were going to have. Each of the categories below is broken down. You can see construction is a little bit lower than what we anticipated. Same with real estate, but real estate is very, very close. The two that I want to point out -- I think I pointed them out last time -- is the restaurant and bars and the services category. Done very well. We owe a lot to our town businesses and residents that patronize those business. So any questions on the TPT? MAYOR DICKEY: That first total, that's also to date, right? DIRECTOR POCK: Correct. TOWN OF FOUNTAIN HILLS Page 14 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 14 of 80 MAYOR DICKEY: Okay. So the 12.8 -- DIRECTOR POCK: Well -- MAYOR DICKEY: -- the 12.1 is not for the whole year; it's through March? DIRECTOR POCK: Just through -- just the first three quarters, correct. MAYOR DICKEY: Thank you. DIRECTOR POCK: All right. So then, the last time, as the Town Manager mentioned, that we spoke about the budget was a proposed budget at the budget workshop. I just put together this slide to show you changes that have been made to that proposed budget so that you didn't have to go through and try and find each thing that had changed along the way. The first bullet point is a mistake that I made. It was something that I should have called out during the proposed budget. The amounts for the proposed four percent increase -- cost of living increase -- was shown in each of the departments as far as the totals. I just didn't call it out specifically as far as what was included there. So I wanted everybody to be aware of that. The next bullet point is -- was quite a surprise at the budget workshop. I had mentioned that we hadn't received the League estimates yet. Received them that Thursday, and they were quite a bit higher than what I was expecting. The State shared sales tax and the State shared income tax were quite a bit higher; made up a majority of that $1.2 million that you see there. Most of it was from the income tax that was collected in 2020 -- so calendar year 2020. If you remember the COVID pandemic, DOR and the IRS had extended deadlines for filing. So that year, there were actually two different dates that they collected taxes. A lot of that rolled into that estimate that you see there. Also, we increased the contingency in the Special Revenue Fund. That's basically because of the infrastructure bill and the possibility that the Town could received some grants from that -- from that bill. In case we do, we need the budget authority to use it. Obviously, if it's not received, it doesn't get used. And that's in the Special Revenues Fund, so it doesn't affect our General Fund. However, with those last two bullet items, it did increase the overall budget number by $5.4 million. As you know, we had increased revenues -- the $1.2 million. We had to TOWN OF FOUNTAIN HILLS Page 15 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 15 of 80 offset that in the General Fund by increasing our contingency numbers. We also have a carryover from this year's CIP that we're going to carry over into next year, with your approval. That's $100,000 for the Shae Boulevard widening. That's design doesn't look like they're going to have that completely finished by the end of this year, and some of that will have to move over into next year. That doesn't increase the budget for the Capital Fund, it will just reduce the contingency that we had planned for that Fund. And also, during the proposed budget, I had shown that the Safe Routes to Schools in the Capital Projects Fund, a little bit more thought about that. We moved it out of the Capital Projects Fund and into the Streets, because those specific items don't have projects. They're studies to see what projects could be done, and without having a project to tie it to, it shouldn't really be in the Capital Projects Fund. Any questions on those items? COUNCILMEMBER MAGAZINE: Yeah, maybe I'm getting confused. How much do we have total for Streets? DIRECTOR POCK: Streets, as far as the Fund balance for Streets, or how much? COUNCILMEMBER MAGAZINE: Yeah, Fund balance. DIRECTOR POCK: I believe we are right -- I'm going to call a friend. Hold on one second. MANAGER MILLER: David, you actually have -- you have the Street Fund, I thought, in this later in. MAYOR DICKEY: Yeah, it's probably in his presentation. DIRECTOR POCK: Not the Fund balance, though. MANAGER MILLER: Not the Fund balance? Okay. DIRECTOR POCK: I just have the (indiscernible) amounts, so. MAGAZINE: That's all right. DIRECTOR POCK: Yeah. It's not going to be a large Fund balance at the end of this fiscal year, because a lot of that does get used each year. So I can get that for you, though. Any other questions? All right. I promise I'm not going to ask for questions after each slide, because now we're going to go a lot faster. All of these bullet items you've seen before, so. Again, the Tentative Budget Book is available on the Town's website. I checked the link. It does work. It does go to the book this time. TOWN OF FOUNTAIN HILLS Page 16 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 16 of 80 Again, budget authority is not the same as Fund balance. If we don't meet our revenue projections, then we must reduce contingency and expenditures to maintain our Fund balance. The absolute maximum for the Town for next year is recommended at $46.1 million total budget across all funds. The final budget that will be adopted on June 7th can go below that number, depending if there's recommended changes, but it can't go above that number. COUNCILMEMBER MAGAZINE: How does that compare with last year? DIRECTOR POCK: I thought I had that summary in here, and it will be in the General Fund. So if you give me a couple slides -- COUNCILMEMBER MAGAZINE: That's fine. DIRECTOR POCK: All right. So as far as revenue assumptions, again, all the same bullet points. How we come up with our revenue estimates, remaining conservative, we don't include things that aren't finished yet and then, our state-shared revenue. All right. So as far as the General Fund -- General Operating Fund for the Town, this -- you can see this year compared to next year. We did have a 9.4 percent increase from this year to next year. A lot of that, again, is contingency, however, so it's not operating budget per se. It's just the contingency to maintain balance funds. So you can see the big difference in this one, the Intergovernmental Revenue, that's where all the State-shared revenues reside. You can see that it had quite a bit of an increase. The licenses and permits was down. We discussed this at the proposed budget meeting, mainly due to construction activity. So this year, we had 22.7 percent in the General Fund for budget and next year, we have 24.8. I do break it down just a little bit here, too, as far as that contingency number. Obviously, with the inflation that we're experiencing right now, we might be spending some more than what we're anticipating, and that could cause us to use contingency if we're receiving revenues as were expected. Contingencies included in the General Government Department within the General Fund provides budget authority for increased operating costs and/or unforeseen expenditures only if expected revenues are received. And as far as next year, that contingency number is $4.4 million. So if you take the contingency numbers out of this year and next year you can see we have about $700,000 increase this year or going into next year. MAYOR DICKEY: I appreciate you pointing that out -- TOWN OF FOUNTAIN HILLS Page 17 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 17 of 80 DIRECTOR POCK: No problem MAYOR DICKEY: -- because the -- you know, with all the CARES money, the relief money, and such, we're -- it looks like a jump, but in reality, this is the real number right here. And then contingencies are just that. And also, again, what we approve as the top is the top. So it doesn't mean we have to do every project, or do everything, or spend everything that's here. It just is sort of a cushion going forward, correct? DIRECTOR POCK: Correct. Absolutely. VICE MAYOR FRIEDEL: Mayor? MAYOR DICKEY: Yes, Councilman? Vice Mayor? VICE MAYOR FRIEDEL: To that point, I'm just wondering, we've got a lot of projects in here we may or may not do. Are we spending a lot of time by our employees and cost by passing a budget that we don't think are essential items that may not be done? I'm just making a point here. I don't know that all these things should be passed in this budget, necessarily, if we're not going to do them. And then, it was mentioned once before that we could always just cancel a contract. When you get that far down the line, though, a lot of time, and effort, and money has been spent to get a contract. And then if we do cancel a contract, we've wasted some effort behind that. So I just want to make that point and say, hey, is it something that we should consider bringing something back midyear and seeing where we are with the cost of inflation, supply chain, and other issues that are going to affect this budget? MAYOR DICKEY: Absolutely. We talked about this, and Grady can explain. MANAGER MILLER: Right, so Vice Mayor, you bring up a really good point and this had been discussed both at a staff level, and then the Mayor had asked me about it as well. And so what I would suggest, because you're right, there's a lot of time and involvement in trying to get these solicitations or requests for proposals out, and also there's costs and expense on the part of the businesses that have to prepare and submit those. So what I would suggest is when we get to the actual Capital or if you have tonight, if there's any items, any projects that there were some concerns about, what we could do is we could come back before you, before we actually go and do an RFP just to check in with you on those ones that you identify tonight. And we'll keep track of those and when it's time to check in with the Council and get direction from you, we'll do that TOWN OF FOUNTAIN HILLS Page 18 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 18 of 80 before we go through the effort of trying to develop an RFP. Does that make sense? VICE MAYOR FRIEDEL: Fair enough, yes. MAYOR DICKEY: Thank you. DIRECTOR POCK: All right. Well, then just to take a look at the supplements that were presented. These remain the same from the proposed budget. I wanted to go through the slides real quick, ask if there were any questions about any of them. MAYOR DICKEY: Alan? COUNCILMEMBER MAGAZINE: Probably not related to this slide, but how much have we put aside -- we've gone through this -- put aside for the liner, and how much are we putting aside this year for the liner? DIRECTOR POCK: So right now, as of our discussions last year at this time, we transferred in $1 million specifically for the liner -- or to be held for the liner in the Facilities Reserve Fund. It's -- it was transferred this year. It's sitting there; it's waiting. Next year -- or not next year -- next month, when we come to do the final budget, I'll also have a slide on suggested transfers for approval for next fiscal year. And at this point, and at the time of the proposed budget, I had recommended that another million dollars be put into the Facilities Reserve Fund for that purpose. Doesn't mean that it absolutely has to stay for that purpose; that would be up to Council direction. COUNCILMEMBER MAGAZINE: It won't surprise you, I 've made it clear in the past that we don't know when we're going to need a liner. We may need to go to a bond for a liner. DIRECTOR POCK: Absolutely. COUNCILMEMBER MAGAZINE: I'd rather have $2 million added to the -- to take out of that fund for roads, which is what we really need, especially neighborhood roads. DIRECTOR POCK: Right. COUNCILMEMBER MAGAZINE: I just want to keep that -- DIRECTOR POCK: I'm sorry. COUNCILMEMBER MAGAZINE: No, go ahead. DIRECTOR POCK: I will say that this current year, we did transfer $2 million to the General Fund Savings from the CARES Act at that point, into the Streets Fund for pavement maintenance. There will be another recommended $2 million this -- for fiscal TOWN OF FOUNTAIN HILLS Page 19 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 19 of 80 year '23 from the ARPA savings, as well. But that absolutely can be -- COUNCILMEMBER MAGAZINE: Will that give us $4 million? DIRECTOR POCK: A total of just about 4.6, I believe. COUNCILMEMBER MAGAZINE: That's pretty good. It's gone up. Yeah. Thank you. DIRECTOR POCK: It's a big chunk. It gives Director DIRECTOR WELDY quite a bit of work to do. MAYOR DICKEY: It was an extra $2 million, then most of the $4 million. And then next year, when we get the other $4 million, too. But also, the liner money, that's all part of our -- at least I understand -- of our Facilities or the set aside, so it doesn't have to go for the liner. DIRECTOR POCK: Right. Right. MAYOR DICKEY: It's just -- so when you say, we wanted to put $1 million towards that, that is it, and then another $500,000 in addition. Thank you. Grady? MANAGER MILLER: I'm sorry. I was just going to echo what you just said. Thank you. MAYOR DICKEY: Thanks. COUNCILMEMBER GRZYBOWSKI: Wait, before we slide away from that slide. I just want to make sure and get it on the record. I've talked to Grady, but I watched the October 6th Fountain Hills Unified School District board meeting, where they specifically talk about the inspection of their facilities, one of which is the Four Peaks Elementary School. I watched it, I took really good notes, and I also read the meetings of the notes. I just wanted to make it official on record that I am very concerned about how much money this building is going to cost to keep it up. Grady, I'll let you speak to that. MANAGER MILLER: Sure. COUNCILMEMBER GRZYBOWSKI: But the words used were, end of life, and major gut renovation requirements kind of thing. MANAGER MILLER: Right. COUNCILMEMBER GRZYBOWSKI: So don't get me wrong. I love the BIZ HUB. MANAGER MILLER: Um-hum. TOWN OF FOUNTAIN HILLS Page 20 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 20 of 80 COUNCILMEMBER GRZYBOWSKI: I am a part of their Advisory Board. I'm very pro it, but my concern is getting stuck with a lemon. MANAGER MILLER: Right. So I had a very good discussion with the school superintendent, and the understanding is if the Town Council were to give authorization to have the Town enter into a lease agreement with the school district for the operation of the BIZ HUB, the school district would be on the hook for all the major maintenance, the roof, the AC units, all that. The Town would have minor costs and we'd have a threshold of between 50 and $75,000 that we would not have to exceed each year on any maintenance costs. We are having an internal meeting next Monday, and we're going to be discussing some of those costs. Right now, there's been some recent activities related to that -- to the BIZ HUB that I'm kind of questioning in my mind. And so anyways, if the Council were to adopt this budget tonight and the BIZ HUB is in there, and then there's a recommendation not to go forward with the BIZ HUB, the dollars that are here will just not be utilized or expended. And so I don't want to get into too much detail, but you bring up a really good point. Now, when the school district is talking about with its Facilities Reserve Study and how much has to go back into the building, they're looking at school standards and what is required under State law of what they have to do in order to maintain a building. Totally different requirement than what it would be used for what it's being used today. I will be the first to agree with you, though, that the condition is not a very good condition of a building. The school superintendent would also agree with that. So those are all being taken into consideration before a formal recommendation will be coming back to the Council. COUNCILMEMBER SPELICH: Thank you, Madame Mayor. To piggyback off of Councilman Grzybowski -- Councilperson Grzybowski's comments, I've been told that there's a comprehensive engineering report and an inspection report about all the things that are wrong with the school and everything. I have not seen a copy of that report. That report hasn't been -- to the best of my knowledge -- been made available to the Council, so if that report does exist, I would like that report so that I could personally review it. And I think the Councilmembers should also get the same copy. MANAGER MILLER: We'll be bringing that forward to the Council on a decision, but TOWN OF FOUNTAIN HILLS Page 21 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 21 of 80 we'll be happy to forward that on to you. It is a public record, and we'll forward that on to you, Councilmember. MAYOR DICKEY: Thank you. I know that we've talked about this and about what the usage of that building could be. I look at -- you know, we did the Business Advisors Business Hub for many, many years and supported them, and didn't have to do with the building. So I think both of those things can exist, where we may not need the building in order to continue to support that idea of the incubator. So there's a lot of discussion to be had. But I guess just, almost like everything else here, if it's in here, if it's something we've expressed anything about, you know, the shade structure or whatever, that those will be things that before we moved forward, we'd have a lot more information. Thank you. DIRECTOR POCK: All right. So the total for non-personnel ongoing supplements -- the previous page, plus this one -- counting the offsets, $259,000. As far as one-time nonpersonnel supplements, another 416,000. And then the personnel supplements, which we discussed as well last time, are 222,000. So you can see just with the supplements alone, that makes up a larger number than our $700,000 increase that we're talking about. That's because other expenses were reduced as well. So we had a net change of $700,000. All right. As far as General Fund expenditures, these numbers should -- the bottom line numbers should look very similar to what you saw on the revenue side. That's because we have to have a balanced budget in the General Fund. Everything's got to match. So they are. All right. And then we're going to take a quick look at the other major funds. First, the Streets Fund. The overall summary, you can see that the current fiscal year's revenues and expenditures are a lot more even. That is because for next year, we haven't decided on a transfer yet from the General Fund. And that will make up for that $2,000,000 difference there you see. As far as revenues, you can see the different breakdown. Again, the transfer is not shown at this point in fiscal year '23. If the Council decided to do another transfer of $2,000,000, then that -- obviously, that budgeted amount would increase to six million. I will add, though, real quick, just before I confuse anybody. We don't budget for transfers. The Council basically approves the transfers. That's because TOWN OF FOUNTAIN HILLS Page 22 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 22 of 80 we don't want to double count expenditures. COUNCILMEMBER MAGAZINE: Question. DIRECTOR POCK: Yes? COUNCILMEMBER MAGAZINE: David, the investment earnings is based on what? DIRECTOR POCK: Hope, at this point. COUNCILMEMBER MAGAZINE: I mean, interest rates are about to skyrocket. DIRECTOR POCK: They will get better. Unfortunately, as far as bond markets, when interest rates rise in a bond market, what you're holding at lower interest rates tend to lose a little value along the way. Nobody's wanting to buy low interest stuff. We're -- it's rough. We don't have a lot of interest -- investment earnings for the current fiscal year, and that's -- obviously we're just hopeful figures at this point. COUNCILMEMBER MAGAZINE: Now, is that based on the bond market? Where do we have the money parked? DIRECTOR POCK: So right now we have about $19,000,000 with the Arizona treasurer. That's basically slightly better than a money market or leaving it parked at the bank. We're not making tons of money there, but it is liquid money, and we are able to get that when we need it. There's another $13,000,000 that we have invested with PFM investment managers. And that's a lot of government bonds and that sort of thing, some commercial paper. That, we do earn a little bit more, but it's tied up and not quite as easily accessible. It's kind of stair-stepped, as far as maturities and that sort of thing. Obviously, the things that they're buying now are at the higher interest rate. So we'll make a little bit more. COUNCILMEMBER MAGAZINE: What -- DIRECTOR POCK: They're about to go up. COUNCILMEMBER MAGAZINE: Yeah. What I'm reading is -- DIRECTOR POCK: (Indiscernible) well. COUNCILMEMBER MAGAZINE: -- likely have two half-point increases over the next couple months. So -- DIRECTOR POCK: Absolute -- well, from what I'm seeing is they're still planning on trying to get a total of ten interest rate hikes in this calendar year. They've already had a few. Tomorrow, our expectation is it'll be raised a half a point, which hasn't happened TOWN OF FOUNTAIN HILLS Page 23 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 23 of 80 since -- I can't remember the year. Maybe 2007, something like that. Just before the housing market and that sort of thing took a dive. COUNCILMEMBER MAGAZINE: So you're not planning on spending the money yet? DIRECTOR POCK: It's -- no. No. No, and thank -- and this is actually -- these investment earnings projections are reduced from what we had for the current fiscal year. So luckily, it's not a number that's going to affect being able to do a street or something. So. All right. So as far as expenditures, as far the other expenses basically is -- as far as the Streets Fund is pavement maintenance. So we are expecting to do the same amount of work next year as we're doing this year. COUNCILMEMBER MAGAZINE: All right. DIRECTOR POCK: Yeah? COUNCILMEMBER MAGAZINE: The same amount of work, that's all maintenance, I presume? DIRECTOR POCK: Yes. COUNCILMEMBER MAGAZINE: Is it all on arterials? Is any of it neighborhood streets? DIRECTOR POCK: That's a great question, and I'd have to look at the public -- MANAGER MILLER: I'll -- DIRECTOR POCK: -- work strategies -- MANAGER MILLER: I'll -- DIRECTOR POCK: -- for an answer. MANAGER MILLER: I'll go ahead and respond to it. It's a combination. So as you recall, we went through a pavement management analysis; I believe it was in 2018. And as part of that analysis, it did a ranking of our streets. And so basically, those that are failing -- that are, like, in really bad shape tend to be the ones that we let go to the point where we -- because of not having enough resources. And then we'll go ahead and redo those. So it is always -- each year, it's a combination. Obviously, the highest priority are the arterials. We're going to be going into doing some preservative treatments on our Shea and Saguaro, the most recent major arterial reconstruction projects that we've had. That's TOWN OF FOUNTAIN HILLS Page 24 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 24 of 80 probably going to be close to $1,000,000 or so just for that. And then we're going to -- based on this software that goes through and analyzes our streets and the conditions, we'll be able to bring forth a contract with the Council and you'll see what streets are going to be done. COUNCILMEMBER MAGAZINE: I know we've talked about this before, the coding of Saguaro and Shea. $1,000,000, do we have any idea how long that lasts? MANAGER MILLER: I'll let the Public Works Director come up and -- that's a technical question. Thank you. DIRECTOR WELDY: Madam Mayor, Councilmember. Ideally, the preservative seal based on weather conditions should push us out another five years. Oftentimes, it'll be slightly less. But we anticipate at least five years from this treatment. And in fact -- MANAGER MILLER: And that's not to say that the street will hold up another five years. It's just that the treatment will last for five years before you have to redo it. DIRECTOR WELDY: Both Shea and Saguaro are in relatively good condition as they are mostly new. So this crack-filling and preservative seal will prolong their longevity by an additional five years. But they have 25-plus years left in their life. MAYOR DICKEY: Justin, this just reminds me. I've been asked about pavement miles. And I know, you know, it's hard to put a finger on it because some of it is -- we've been redoing. But also a lot of preservation and, you know, chip-sealing and all of those things. Is there any idea what miles this might translate to when it comes to 4.9 million? I mean, I know it's potholes and curbing and all these other things, too. So is there any sort of comparison? DIRECTOR WELDY: And it's an excellent question, Madam Mayor. We won't know the total distance or the lane miles we're able to accomplish until the projects have been established. And then we get pricing on that, either through bidding or through our existing contracts. If I can reference this year, this year we are going to accomplish about six lane miles, plus or minus, for locals and collectors. Obviously, this year, we are going to do Shea and Saguaro before the end of June. So there's -- I'm not going to do centerline miles because that one's a little bit more challenging. But about -- oh, just under seven lane miles is what will be accomplished with those two. TOWN OF FOUNTAIN HILLS Page 25 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 25 of 80 MANAGER MILLER: And I just wanted to add, while these are general rules of thumb, a lot of it has to do with the streets that are being replaced. So for instance, pre- incorporation streets that were -- didn't have good base to begin with were -- it's going to cost those more per linear foot or more per linear mile than what you would see other streets. So the money doesn't go quite as far sometimes. DIRECTOR POCK: All right. So onto the capital projects fund, the final major fund. As you can see, for next year we have a total of 8.16 million budgeted overall. Our revenues, that green bar, obviously, is money coming in next year. We will have fund balance of about 7.7 is what I'm guessing at this point. I'll have a little bit more revised number next -- at the final budget. We're working on closing out projects at this point and seeing where we're going to end up. So as far as the cap -- I'm sorry. 4.4 million as far as ending fund balance for this year, with excess revenues over expenditures from the General Fund expected to be about 3.5. And then our TBT (ph.) sales tax of 1.1. Development fees, 275,000, making that 9.3 total available for projects next year. The recommended projects are the 7.7, and those are listed here. Again, we talked about these at -- during the budget workshop, as well as the CIP workshop that preceded it. Total of 4.9 for public works requests. And then as far as park requests, 2.7 million. Total 7.6 basically for projects, and then we have some contingencies as well and some funding that's going to be coming from the parks development fees. MANAGER MILLER: So Mayor, if I may, I just wanted to say this would be your opportunity if you wanted to identify the projects that we discussed before that you may want us to come back and check in with you before we proceed with RFPs. MAYOR DICKEY: I think just judging from our previous discussions, the overlook, the roundabout, the shade structure over at Centennial Circle were -- would all be ones that we would want to see back. Wayfinding signs. Everybody okay with that, pretty much? Yeah. Is there anything else that jumps out that you want to make sure that we would have more discussion before we went out for RFPs and such? MANAGER MILLER: Those do seem to be a good memory. Those were the ones that seemed to have the most discussion, I recall, from the Council. MAYOR DICKEY: Yes, Alan? TOWN OF FOUNTAIN HILLS Page 26 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 26 of 80 COUNCILMEMBER MAGAZINE: Am I missing it? I don't think it's part of cabinet projects. Where is that shade structure? MAYOR DICKEY: It's in the parks. MANAGER MILLER: It's right here. DIRECTOR POCK: It's the last item. COUNCILMEMBER MAGAZINE: Oh. DIRECTOR POCK: Centennial pavilion. COUNCILMEMBER MAGAZINE: Oh, okay. Thank you. DIRECTOR POCK: I should've put Rachael's umbrella in (indiscernible). COUNCILMEMBER MAGAZINE: Picture of her next to it. MAYOR DICKEY: But yeah, I don't think there was too much else. But again, you would make sure that we wouldn't -- MANAGER MILLER: That's correct. MAYOR DICKEY: -- step out too far on any of those. MANAGER MILLER: So what we'll do is we'll check in with you and definitely get the Council, if need be, to vote on those before going forward on a solicitation for a request for proposal. COUNCILMEMBER MAGAZINE: I guess I don't understand the process. Why would we wait? Why would we wait? MANAGER: Well, you didn't vote on these when we were -- when we had the Council budget workshop on the capital. And it was not clear from the staff perspective if there was a majority that had a feeling one way or the other. So if you wanted to deny it, you can actually vote on these individually. But I was trying to keep it simple. And when you say, why would I wait, I would wait when we are into the new fiscal year. And when we are getting close to wanting to go ahead and start doing the paperwork and get ready on an RFP, we come to you before we do that. COUNCILMEMBER MAGAZINE: Well -- MANAGER MILLER: It would save effort is what I'm trying to get at. COUNCILMEMBER MAGAZINE: Okay. I'm willing to wait, but you know how I feel about the shade structure and the engine -- the design of the roundabout. We can do it whenever you want. TOWN OF FOUNTAIN HILLS Page 27 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 27 of 80 MANAGER MILLER: Okay. MAYOR DICKEY: Let me just put a little bit -- what Grady was talking about is we don't -- there's some things we don't know yet. There's billions of dollars coming to Arizona in infrastructure bill. Once that starts to kind of trickle down, we could get -- we could apply and we are applying for projects for that. I also wanted to mention, and I know that we talk about the overlook, that I'm going to be -- I've had some input from some businesses, and we're going to be having a meeting soon. And I would just like the opportunity to hear what their thoughts are that are downtown, if they think it's worthwhile, if there would be some support for it. And then as far as the roundabout goes, if that's looked at as a safety infrastructure project, that could be something that we could get paid for, too. So I -- that's why if we -- you know, there's no harm in keeping it now. Then maybe later we'll have more knowledge and we'll know whether to take it off. Thank you. MANAGER MILLER: And just for clarification, if the projects don't go forward, the money stays in the capital fund, and it's there, available for use, you know, for future projects. DIRECTOR POCK: All right. Now I made it to my questions slide. So that's it. Congratulations, you've survived your last -- MAYOR DICKEY: Thank you. DIRECTOR POCK: -- tentative budget, Council. MAYOR DICKEY: : All right. Do we have any speaker cards on the budget? Any questions? More discussion? COUNCILMEMBER MAGAZINE: Good work. Thank you. MAYOR DICKEY: Thank you. The motion is on 96. COUNCILMEMBER MCMAHON: So would you move to approve resolution 2022-18; is that it? MAYOR DICKEY: Yep. COUNCILMEMBER MCMAHON: Okay. COUNCILMEMBER GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. TOWN COUNCIL: Aye – in unison. TOWN OF FOUNTAIN HILLS Page 28 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 28 of 80 MAYOR DICKEY: Thanks a lot. Thanks for all your work. Next item, Grady. MANAGER MILLER: Thank you, Mayor. Mayor and Council, Development Services Director John Wesley is going to be giving a staff presentation on considerations regarding amendments to the group home regulations. With that, I'll turn it over to Mr. Wesley. MAYOR DICKEY: I just want to remind you two, this was the hearing so I don't have to start the hearing again because we continued it. But then when we're done and we have the public input again, we will close the hearing and then move on. Thanks. DIRECTOR WESLEY: Okay. Mayor and Council, good evening. I'll try to move through this quickly because we have discussed quite a bit of this before. But I'll give you an update on where we are and some of the questions that you still had from our last meeting. So again, the planning zoning commission, after extensive review, did make a recommendation to the Town Council with regard to amendments to our group home regulations. You hold a hearing and begin that hearing on April the 5th. At that meeting you were able to give staff some direction on quite a number of the items. I think we had 16, 17 items on the list, and 11 or 12 of them you were able to give us direction on. So we were able to amend the ordinance based on that direction -- that amended ordinance with a strikethrough, so you can see those differences was in the packet. So if there were anything we got incorrect from that previous discussion, please let me know. But I went back and relistened to the discussion, so hopefully we got it all correct there. So what I found after that was that there were five items that the Council wanted to discuss further and have a little bit further information on. Those are listed on this page. And we'll discuss each one individually as we go forward here. So I've ordered these in what I think may be the easier ones to the harder ones. But I know they're all hard ones. So we'll go with this order that I have. So what I'm going to have to do is the unannounced inspections. Section 15, 5.13(b). There's some items. So that would be part of the registration. Number 2 on that list includes a statement that the applicant would agree to allow town officials to enter the premises on unannounced inspections to inspect for land use violations, including the TOWN OF FOUNTAIN HILLS Page 29 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 29 of 80 number of occupants. This type of inspection is not required for any other land use that we do. And so we find that a little bit difficult. I reviewed a number of other jurisdictions for their ordinances to see if anybody else is requiring this. The closest I found was at Apache Junction. Ordinance does include an option for an annual inspection, but don't know that they do that on a regular basis, and it wasn't an unannounced inspection. It was just to check against a checklist from the state. And then Tempe does do an annual fire inspection. MAYOR DICKEY: Okay. So we do a fire inspection, right? DIRECTOR WESLEY: Right, annual fire inspection. MAYOR DICKEY: Our -- we do that. And does not include the option for an annual inspection. The state can do unannounced annual -- any inspection, correct? DIRECTOR WESLEY: Correct. That's my understanding. MAYOR DICKEY: Okay. And they are the licensing body? DIRECTOR WESLEY: Correct. With the Towns, that is really just a registration of that license. COUNCILMEMBER MAGAZINE: Just want to put a little finer point on it. Only the state can do that, correct? DIRECTOR WESLEY: Only the state can do the unannounced inspection, yes. COUNCILMEMBER MAGAZINE: Thank you. DIRECTOR WESLEY: Any other discussion or comment with that one? If not, we can -- MAYOR DICKEY: I do just have a question about the process. So as far as what you already wrote up, did you -- like, let me get to the point where we're actually amending it or not amending it and passing something. Would this be something that would have to be removed? Is that in the ordinance right now? DIRECTOR WESLEY: They are -- no. What is in your packet is an ordinance that it just includes the changes from the last meeting. MAYOR DICKEY: Okay. DIRECTOR WESLEY: But I think if you're -- this is a distinct sentence in that section. So it'd be very easy for the Council to say, you know, we approve the ordinance with the deletion of that sentence, if that's what you want to do. Or you don't, if you want to keep TOWN OF FOUNTAIN HILLS Page 30 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 30 of 80 it. MAYOR DICKEY: Okay. And Aaron -- DIRECTOR WESLEY: Something to be very easily -- MAYOR DICKEY: Aaron is nodding, so. DIRECTOR WESLEY: -- moved forward this evening unless we, you know, really change things around a lot. MAYOR DICKEY: Okay. DIRECTOR WESLEY: But I'll just come back at handling these, each one in the motion. MAYOR DICKEY: Got it, thanks. DIRECTOR WESLEY: Okay. COUNCILMEMBER MAGAZINE: Yeah. MAYOR DICKEY: Oh? ATTORNEY ARNSON: Mayor, Council, I was just going to add that it may well be that after we discuss whatever number of changes the Council wishes to see or needs to take place, we might take a couple of minutes to just make sure that our strikethroughs all look good and then reconvene for the Council to hopefully adopt the ordinance. COUNCILMEMBER MAGAZINE: Yep. DIRECTOR WESLEY: Item two on the list was insurance. So again, Section 5.13(b), listing the items to be provided. Registration number 5 on the list, I won't read the whole thing this time, but it requires the amounts of liability insurance and the waiver of subrogation for the Town. As we've discussed this in the past, we've pointed out that, you know, it could be necessary for the Town to receive this to make sure these businesses are being run properly and then, if so, are these amounts appropriate and is the waiver necessary. So some of the previous discussion, it was pointed out from some of the public that Prescott, Phoenix, and Mesa have insurance requirements. In investigating those, it was discovered that was based on their ordinances when they were licensing structured sober - living homes and applied just to those. And that was prior to the state passing their legislation in 2019. And the jurisdictions of the provisions sunset based on the state legislation or they've actually repealed them. So they don't have those requirements actively in their ordinances today. As I looked through the other ordinances, I did not see TOWN OF FOUNTAIN HILLS Page 31 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 31 of 80 any within their group home, assisted living provisions that any were requiring insurance. We also have a concern that if we had this, if it would actually be enforced or not. MAYOR DICKEY: Thank you. Any further discussion? Just to be clear, any city that had it before the state law changed has either repealed it or sunset it? DIRECTOR WESLEY: Correct. MAYOR DICKEY: Thank you. DIRECTOR WESLEY: Separation distance. Section 5.13(a) lists the basic requirements for homes, and that includes a separation distance as recommended by the PNC (ph.). They put in a half mile or 2,640 feet. This is -- distance is measured, straight line, property to property. The overall goal of the code is to allow for these homes, but not create an overconcentration. And so that's what we're looking for, is what distance would achieve that goal. Currently in our existing ordinance that's in effect today, our separation distance is 1,200 feet. In the jurisdictions that I looked at, the greatest distance separation that I found was 1,320, or a quarter mile. You can see the communities that have that. Next is the number of jurisdictions, similar to Fountain Hills, that have the 1,200. And then some that were smaller, Oro Valley, Prescott, Cave Creek. And then a couple that had no separation requirements in Flagstaff and Sedona that I could find. COUNCILMEMBER MAGAZINE: Just want to emphasize. So of all the jurisdictions you looked at, 1,320 was the most; is that correct? DIRECTOR WESLEY: That's the greatest distance I could find in any Arizona jurisdiction. COUNCILMEMBER MAGAZINE: Thank you. DIRECTOR WESLEY: Any other questions or comments with that? (Indiscernible) another slide on -- I guess I do have one more slide. And so again, just some of the things we've looked at before. We looked at where we change 100 block designation in town. It's approximately over 600 to 700 feet. We did a review of all the block lengths in town, measured every block length, then divided that by the number of blocks and came up with an average length of 560 feet, approximately. So if you use those as kind of some guides for separation, I think that might be helpful. There's been some concern about some of the environmental impacts you get from TOWN OF FOUNTAIN HILLS Page 32 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 32 of 80 some -- the way people have experienced some of these homes. Some of those environmental impacts could be addressed by addressing those specific codes rather than addressing it this way. And then at the last meeting, there was some talk about -- well, the current distance is 1,200. PNC had recommended the 2,460. Maybe we cut that in half. So I'll just provide that number as another point of reference. 1,830 would be that number if Council wanted to go that way. COUNCILMEMBER MAGAZINE: I just want to, I think, emphasize based upon my knowledge of this that 1,320 is the most for any jurisdiction. DIRECTOR WESLEY: That's the most I've found. COUNCILMEMBER MAGAZINE: And this, it says 1,830. DIRECTOR WESLEY: Correct. COUNCILMEMBER MAGAZINE: And I know some people have said, go to court, don't worry about it. But I think this may be a red flag. So I think we have to be careful. MAYOR DICKEY: Just to make it clear. The distance is between property lines? DIRECTOR WESLEY: Correct. Property line to property line is where we do it. MAYOR DICKEY: So, you know, we were discussing the canyon aspect and such. And this would stop anything from being, like, back to back or anything like that. DIRECTOR WESLEY: Yeah, that's correct. MAYOR DICKEY: There would be -- DIRECTOR WESLEY: Because it's a -- MAYOR DICKEY: -- definitely be buffers. DIRECTOR WESLEY: -- that circle around. So most canyons aren't that way -- MAYOR DICKEY: Oh, yeah. Like -- DIRECTOR WESLEY: -- and if they were, then it probably would take care of it. It's just that the contrast is in Prescott, where they do measure theirs along the street. And by doing that, you could have something back to back because they can go around the block and be there. So that's not what we're talking about. That's not the way it is today. Moving on. The next item is the number of residents. Section 1.12, the zoning ordinance provides definitions. Here in this section, we are amending what we've -- it used to be four in terms of having a group home designation -- definition and change it to TOWN OF FOUNTAIN HILLS Page 33 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 33 of 80 community residences. And then subdividing that into two types, family residences and traditional -- transitional residences, excuse me. The recommendation from the PNC is that the family residences would be a maximum of eight, including staff, and that the transitional would be six, including staff. Currently, our ordinance is ten not including staff. So all of the existing homes out there have that potential to be that size. Get us a look at the other jurisdictions. Found -- excuse me. Found one or two cities here where I did not see any cap to the number. Prescott has 12. You can see the number there of ten, excluding staff. And then a few of ten, including staff. And there are three jurisdictions that do set a limit at five. All those are caveat with Gilbert. Both Chandler and Tempe do set theirs at five. They do have their waiver procedures that can allow for more than that, but that's what their standard is. Gilbert is five, a limit when it is not licensed to the state. But if they are licensed to the state, then it can go up to 10. Any questions on that one? MAYOR DICKEY: I'm more comfortable seeing that there's a couple with six. And then as long as transitional can be treated differently from what we called more permanent, then the eight and the six seems like something that would be totally allowable. DIRECTOR WESLEY: Yes, Mayor. As we have looked at that and thought about that, when we're talking about the transitional homes, those are the people staying there typically for a shorter period of time. So there's more turnover. And so there's maybe a little bit more impact on the neighborhood, less stability for the neighborhood, so forth with the transitional. So I think there is justification there for some consideration of a difference. So the last item, then, would be waivers. The terminology here has been a bit confusing and so tried to address that by just calling it a waiver. There might be some other terms to use, modification or adjustment. We believe it is important to have that option spelled out in the code for a waiver or a deviation, just like we do variances for other parts of the code, so we can consider unique situations and address them specifically. The ordinance, as provided to the Planning and Zoning Commission, did include a section on those. There's some concerns about how that was worded, how it might be implemented. And so they took that provision out of the ordinance that was recommended to you. TOWN OF FOUNTAIN HILLS Page 34 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 34 of 80 As I've looked at, again, the other codes, I found that most jurisdictions do provide for some type of waiver. And so we would suggest that we put something back in, but with some changes from what went to the PNC. We're suggesting some kind of waiver committee. This is one option that's on here. Town manager, (indiscernible) service director, member of one of our boards. We could change that in any number of ways. One staff person and two board members could be another way that could be done. Another citizen might be appointed. But we think something like a three-member board of some kind so it's not just one person, but we don't want to get unwieldy by having too many. So a three-person. And then there's the potential, if we wanted to, to have an appeal from there. It doesn't have to have one. But put that out there as a possibility. And then compared to what we provided to the Planning and Zoning Commission, beefed up the language a little bit in terms of the standards, to make it clear that you can't just come in and say I want it because I want it. We need real information and documentation to justify that these people we look at and review in order to grant a waiver to the standards. MAYOR DICKEY: The list there, the bullets is going to depend on what they were asking -- DIRECTOR WESLEY: Correct. Right. Because something might not fly. MAYOR DICKEY: -- what the waiver is for, but having it defined as much as possible, and I think having the three-person committee available -- we talked a little bit about that in the past. Do you have anything to -- thank you, David. COUNCILMEMBER SPELICH: Thank you, Madam Mayor. I personally would like to see the town manager dropped from this process. I believe it should be the Development Service director, a representative from the Board of Adjustments, and a representative for Planning & Zoning, since they have intimate knowledge of planning and zoning in the Town. MAYOR DICKEY: Okay. So that would be still three people. So that's good. And then probably the appeal to Town Council might not be necessary because there's going to be a natural progression to this, anyway. So we'd have the Board of Appeals chair, P&Z chair. Does it have to be chair? Kind of makes sense, but I guess it doesn't have to be. And then development director, and then that would be it. And then afterwards, TOWN OF FOUNTAIN HILLS Page 35 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 35 of 80 whichever way it went, then they would -- then they're -- where would they go after that? They could either just accept it -- I mean, if it was -- COUNCILMEMBER SPELICH: Right. MAYOR DICKEY: -- accepted, then that would be the end of it, right? COUNCILMEMBER SPELICH: Right. If the combination were granted, that would be the end. And I suppose the language could be really whatever we want it to be for that group of three, but either the chair, or his or her designee, or simply a member. However we want to do it. MAYOR DICKEY: Okay. COUNCILMEMBER SPELICH: So then if the chair is not available, you're not bound, you know, to have to do it by -- MAYOR DICKEY: Alan? COUNCILMEMBER MAGAZINE: If an individual were to buy a home, and get State certification, but they said, you know, we can't get the return on investment we need. We need to allow more people. Is that appealable for a waiver? COUNCILMEMBER SPELICH: So the simple answer is yes. If they feel like they need more than -- whether it's the eight or the six, depending on which type of home it is -- yes, they can request a waiver to that. But they would need more justification than well, this just isn't working out for us financially. They have to -- again, there's -- I'll just summarize it here, but there's the five criteria that would be looked at carefully by the three-member committee, to ensure they really have a justification, and not just a desire -- COUNCILMEMBER MAGAZINE: Just a financial justification. COUNCILMEMBER SPELICH: -- financial -- right. COUNCILMEMBER MAGAZINE: Thank you. COUNCILMEMBER SCHARNOW: And I thought we were going to reconsider the appeal to the Town Council, maybe delete that. I mean Aaron, do we need to include the appeal to judicial type? Do we name that? Or just don't do anything, or -- ATTORNEY ARNSON: Yeah. I mean, we certainly could. But a denial of an accommodation would be something that a person could take for a judicial remedy anyway. Yeah. MAYOR DICKEY: And to Alan's point, too, as far as somebody buying a house, and TOWN OF FOUNTAIN HILLS Page 36 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 36 of 80 starting something new, they would know these rules were in place, which brings up the idea of grandfathering, and -- do we have -- are we going to talk about that? COUNCILMEMBER SPELICH: Mayor, I did not include that in the presentation. It was in the staff report, since it wasn't actually an ordinance proposal at the time. So it's not here. So there are specific provisions in the ordinance that this would fall under on how we treat any time we change a code, and have a legally approved use going on, or a property, and we allow it to continue as long as it doesn't change within certain parameters. So that's would we had to anticipate here. There have been some questions about well, what if somebody owns a home, a group home of some kind, and then they're tired of it so they sell that to somebody else. And then the new operator comes in. That new operator is going to need to get a new license. And when they get a new license, they have to register that license. And so that new license would need to then follow the new code. And so as we've talked about that a little bit, it may be helpful to add a paragraph in the code, to make sure that's clear. And we can sure do that. It's one of the things that we can get back to Council, if you want to do that here. As the attorney talked about, if we take a break, we can get that language put together -- MAYOR DICKEY: And I would also add that -- so you called this in the past, and we talked about places where the zoning got changed around them. It's called legal nonconforming use. COUNCILMEMBER SPELICH: Correct. MAYOR DICKEY: And just to point out, it's not legal to reduce those uses for people that are there already. So we kind of solved a little bit about that, and we talked about parking, and some of these other items over the years, where they had a certain kind of zoning. So we changed the zoning, but we can't change the value or the use of the property, as long as it's that same person, and they don't change it a lot. So this would just be something that we already have in place for a town? COUNCILMEMBER SPELICH: Yes. MAYOR DICKEY: Okay. David? COUNCILMEMBER SPELICH: Thank you, Madam Mayor. Just as a point of clarification, and the town attorney can jump in, I've received numerous emails from residents who are like, don't worry about getting sued. You know, pass it, let's see what TOWN OF FOUNTAIN HILLS Page 37 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 37 of 80 happens down the road. I think as a point of clarification, it's important to note that someone who seeks remedy or a waiver, first has to come to the Town and request the waiver, and then be denied the waiver in order for them to legally go into court and take it from there. So I think it's important to note that you can't skip that process -- if I'm talking out of turn, Aaron -- you can't skip that process of coming to the Town for a waiver and go directly to court, because if you go to court, the first thing the court's going to ask is did you seek a remedy within the Town. And -- they're not going to ask that? ATTORNEY ARNSON: No, absolutely. COUNCILMEMBER SPELICH: Oh, you're shaking your head no. ATTORNEY ARNSON: No, that's going to be the first -- Mayor and Council, that will be the first thing they say is, you know, if the Town finds itself in that situation, the defense is well, we don't know whether they would have gotten an accommodation or not because they never asked. Right? And so the court is going to send that back to work through the administrative process. It's called exhaustion of administrative remedies, and you stated that very well. COUNCILMEMBER SPELICH: Okay. Just for everybody out there, we can't just jump right to well, I'm going to sue. You first have to seek a remedy within the Town, then if you don't like what you hear, then you can escalate it from there. But there's no jumping the system. VICE MAYOR FRIEDEL: And Mayor and Councilmember, I'm glad you brought that up, because that is one of the main reasons to have this in the code, because if we don't have it in the code, then they are jumping straight to the courts. MAYOR DICKEY: Councilwoman? COUNCILMEMBER MCMAHON: In addition, under Section B, Application Requirements, number 8, it says "the applicant shall attest that they will provide all evidence permissible by code and authority, having jurisdiction necessary in response to a code enforcement inquiry". And I would like to ask that in particular, occupancy logs be omitted because we don't require occupancy logs, and I don't think we're allowed that information. Correct, Aaron? ATTORNEY ARNSON: So Mayor and Council, I want to make sure that I am looking at the right section. It looks like it's page 5. TOWN OF FOUNTAIN HILLS Page 38 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 38 of 80 COUNCILMEMBER MCMAHON: Yep. ARNSON: Okay, we're talking about Section 3? Okay. 8, "the applicant shall" -- I see where you are. I see where you are. And you take -- Councilwoman, you take issue with the language, in particular occupancy logs? COUNCILMEMBER MCMAHON: Um-hum. ARNSON: Yeah. I will say that leaving it or removing it probably doesn't make a material difference, so I'd be fine with removing that last phrase, because we're still requiring an attestation that the applicant will provide all evidence permissible -- COUNCILMEMBER MCMAHON: Hm. ATTORNEY ARNSON: -- that we can get ahold of. So there's not necessarily a reason to make anything specific unless John sees a different basis for it. DIRECTOR WESLEY: You're fine either way. ATTORNEY ARNSON: Okay. DIRECTOR WESLEY: Because I agree, that first phrase covers it. ATTORNEY ARNSON: Um-hum. DIRECTOR WESLEY: I thought we weren't allowed, you know, the last time we hadn't talked about it. ATTORNEY ARNSON: Oh. That may well be. I've lost track of where we've -- in part of where we've been. So thank you. MAYOR DICKEY: I'm glad you brought up code enforcement, because that is still something that you can do with anything going on in town, where our code enforcement can go. If it's litter or noise or call MCSO, if there's something else going on that needs attention. So since the State is the licensing body, and they're the ones that can do inspections, and they require the license, they can -- so basically, they're in charge of some of the enforcement that, I think, concerns some people. And then there are some things that we can do, and which we're doing now with these changes in our ordinance that are within the law. I wanted to also mention that some of the discussion we heard, and when -- David, when you were just mentioning going and getting sued and such, that we are part of a risk pool, we are, and risk pools we have the deductible and such, but it's not the same as any -- I mean it is the same. Like, you have health insurance, you have all kinds of insurance, and then there's all kinds of stipulations to that if you do TOWN OF FOUNTAIN HILLS Page 39 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 39 of 80 something. If you enact something that's just blatantly not lawful, then the risk pool isn't going to necessarily defend you, or -- depending on who's doing charges against you. So it's just not as simple as saying it couldn't be any more than $10,000. And then some cases, if it's a land use issue, there's a cap of $1 million. So if it was more than $1 million -- so it's as simple and cut and dry as it might seem when you just kind of look stuff up, which I can understand doing, and we appreciate that because the information that we got from folks had us looking into things a little bit more, and feeling like we have a lot more clarity about all this. So I want to thank you for that. Should I go with -- MANAGER MILLER: Mayor, again? MAYOR DICKEY: Oh. Go ahead. MANAGER MILLER: No, I just wanted to thank you for clarifying those issues, and the other point. I know, Aaron, you talked about in the past, as far as if we were to lose a suit, a lot of times the biggest bill in such a thing is attorneys' fees, and those aren't typically reimbursed in that kind of scenario by the risk pool. You want to clarify? ATTORNEYARNSON: They may be, they may not, depending on how the pool kind of interprets the policy. Right? So I just -- to the Mayor's point, and to your question, Councilman, without getting into the details, I can't get into them, but I just recently resolved a case for another municipal client. And that one happened to be one where the pool defended under, they call it under a reservation of rights, which means that they later determine that there was something amiss for which they shouldn't have provided coverage, that there will be sort of an indemnity obligation, right? And the pool in this instance very well may, and I believe will exercise that right. So to both of your points, it's not as straightforward. Insurance issues never are, as I think anyone who's ever tried to use insurance can appreciate. MAYOR DICKEY: Do we want to go to call the public now? Are y'all ready for that? Okay. I think we'll do that. And then -- well, I don't close the hearing until after they speak, right? Okay. So if we have call to the public, and then we can close the hearing and vote. Speaker cards? CLERK KLEIN: First one is Marianne Sampson. MARIANNE SAMPSON: Thank you everyone for giving me a chance to speak tonight. I must admit public speaking is not for me, and standing before you takes me completely TOWN OF FOUNTAIN HILLS Page 40 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 40 of 80 out of my comfort zone. But this is so important, that I felt that everyone needed to hear what I have to say. Most people don't believe in love at first sight. But I know it exists because I experienced it four times in my life. When I met my husband, when I first laid eyes on my two children, and the fourth time when I crossed a mountain range from Scottsdale into Fountain Hills. The beauty of this town totally took my breath away. We bought a house here, and after living in more locations than I can count, I felt that I finally had come home. That was 25 years ago. Due to job opportunities elsewhere, we had to leave a few times. But we held onto our home because we knew if we worked hard, and saved our pennies, we would one day return. That day finally happened two months ago when we retired. After 15 years in New York, we were so excited to finally come back. But to our disappointment, it feels so different now. And I'm so, so sad to say that our beautiful house no longer feels like home. A home to me is a place where you feel totally at ease, where you feel comfortable, and where you feel safe. But due to lack of regulation for commercial businesses operating in residential neighborhoods, I no longer have any of those feelings. See, I happen to live right next door to one of these rehab "homes". "Homes" in quotes because they don't even come close to resembling a home. Next door to me is a revolving door of different men all the time, spending their time watching my coming and going and every move, and it's very unnerving. I can no longer enjoy sitting outside without being watched and pestered with smoke and vaping from ten grown men next door to me. And let's say I want to sell my home and move. Who would want to buy it? Who would want to live in a commercial zone, because that is what my neighborhood has become. So I beg you, when you vote, please consider how it is living in my shoes next to one of these businesses. Thank you. [APPLAUSE] CLERK KLEIN: Ron Sampson. RON SAMPSON: Dear Madam Mayor. Fellow Councilmembers. Thank you for the opportunity to share with you our perspective on what my wife Maryanne and I consider to be a defining issue for our town and its residents. My comments today follow an email letter that we sent to each of you on April 6th after attending last month's Town Council meeting. We'd like to acknowledge and thank yourself, Madam Mayor, Vice Mayor, TOWN OF FOUNTAIN HILLS Page 41 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 41 of 80 Councilmember Grzybowski, for your thoughtful replies and your feedback, and I look forward to hearing perspectives from the rest of you. As my wife just described to you, living once again here in Fountain Hills now feels very different. Next door, vans with smoke-tinted windows arrive and depart frequently, almost clandestinely, multiple times a day. Each evening, we see several men, often not the same, out on the deck overlooking our house. Seeing them makes me uncomfortable. I can't imagine how it makes my wife and daughter feel. We now live next door, as she said, to one of those sober living homes. A commercial, for-profit business, and no longer a residential neighborhood. And because drug and alcohol abuse are linked with higher probability to commit a crime, quite frankly, we don't feel safe in our home. When I speak of recovering addicts, I recognize the overwhelming majority of these men are good people who have had a bad break. And we fully support the concept of providing them an opportunity to get their life back on track. I also know that statistically, and with the constant turnover next door, we are now at a substantially higher risk of encountering someone who is going to commit a crime against us. So it is critically important to us that you, the town leadership, move forward to regulate these businesses, beginning with the adoption of Ordinance 2101. I cannot stress enough how important it is that the capacity limits proposed by Planning and Zoning are adopted as part of this ordinance. With no grandfather clause associated with this limit for these detox rehab center pop-ups. And couple that with the ability to inspect them, without notice, as an aid for law enforcement. Simply allowing these commercial businesses to operate in our residential neighborhoods is already more than a reasonable accommodation. Because of the increased crime risk associated with recovering drug and alcohol addicts, it also is essential that these businesses carry additional liability insurance. It's not a typical business. Please adopt the proposal put forward by Planning and Zoning. Madam Mayor, Councilmembers, it is imperative that you come together and correct this situation by enacting Ordinance 2101, and approving a version that restores the essence of our community. Thank you for listening. [APPLAUSE] MAYOR DICKEY: Please. Please refrain from applause. I'm asking you, please. Next? TOWN OF FOUNTAIN HILLS Page 42 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 42 of 80 CLERK KLEIN: Natalie Marston-Salem. MARSTON-SALEM: Good evening Mayor, Council, and staff. I will start by introducing myself again for those who may not remember. My name is Natalie Marston-Salem. My husband, John Salem, and I are the owners of Fountain Hills Recovery. At last month's Council meeting, I spoke about how our facility came to fruition because of the loss of my father, Maurice, a dedicated fire captain for nearly 30 years. Tonight I would like to take the time to address the rumors, gossip, and misconceptions, specifically about our facility, and our two sober living homes within the Town. We first opened and began serving our clients in late 2016. For many years, a lot of you probably didn't even know we existed in Fountain Hills because of the fact that the issues being raised are simply not accurate. Our two sober living homes are both licensed by the Arizona Department of Health, as well as AZRHA, the Arizona Recovery Housing Association. Our inpatient and outpatient facilities are also licensed by the Arizona Department of Health, and accredited by the Joint Commission, an organization that accredits health care organizations and programs, holding them to the highest standard of care. This is not a requirement, but something we feel is a necessity in order to provide the highest level of quality care for our clients. I would like to stress that our homes are not detox homes, as I have frequently seen them referred to on community social media pages. There are no detox services being offered or provided to clients. In order to be residents in our homes, clients are currently receiving therapeutic services daily in our clinical program at our facility overlooking the fountain. Our homes are staffed 24/7, and clients do not have access to their cell phones, nor do they have access to come and go in their personal vehicles. They are all in the care of our well-trained staff at all times. Our sober homes have not been the subject of any identifiable or substantiated criminal concerns. There have been no arrests, no property crimes, no graffiti, no destruction on public property, no noise ordinance complaints, no drug arrests, no public intox ication incidents, and no petty crimes associated with the sober living homes operated by Fountain Hills Recovery. In fact, there has not been any police interactions or code enforcement issues relating to such homes. Furthermore, none of our homes have been shut down by the State agency, as claimed by one member of the community. TOWN OF FOUNTAIN HILLS Page 43 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 43 of 80 The claims from residents that drug paraphernalia found in the Town belongs to our clients is absolutely false and unsubstantiated. Sadly, these are outright lies and falsehoods aimed at shedding a negative light on addiction treatment, sober living homes, and specifically our facility. I find it very disheartening and sad that there are those in this community to go out of their way to rally against a facility that has done nothing but good for the community and changed people's lives -- actually saved people's lives. I want to make it abundantly clear that this is not just a business to us. We are passionate about what we do, and how we are able to help others change their lives and overcome their addiction. My husband and I are both at the facility every single day overseeing the quality of care our clients receive, and always looking for ways to improve and serve our clients to the best of our ability. I hope and pray for those of you who have been so openly against individuals seeking treatment in sober living homes in Fountain Hills, that you never have to experience having a loved on struggle with addiction. MAYOR DICKEY: If you please -- MARSTON-SALEM: I am hopeful and optimistic these types of open conversations will allow us to have an open mind and some compassion to help those who are in need. MAYOR DICKEY: Thank you. MARSTON-SALEM: Thank you. COUNCILMEMBER SPELICH: Ma'am, excuse me. What town do you and your husband resign in? MARSTON-SALEM: I'm sorry? COUNCILMEMBER SPELICH: What town does (sic) you and your husband reside in? MARSTON-SALEM: We live in Scottsdale on 130th and Shea. COUNCILMEMBER SPELICH: Thank you. MAYOR DICKEY: Lori Troller. TROLLER: Councilmen. Mayor. In front of you, there's a application from the State for a sober home. And that came from the Arizona State website. Highlighted for you in there is the fact that random alien individuals merely traveling through the United States can apply for a sober home. In case you're ignoring the fact that the United States borders are open, and that millions of illegals don't disintegrate when they walk into the TOWN OF FOUNTAIN HILLS Page 44 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 44 of 80 country, sober homes is one of the methods used to integrate illegals into the United States. So how can that be? And so let's look at the form. The only information required of an individual to apply for a sober home is their name, their physical and email address, and a phone number. That's it. The only form of identification required to apply for a sober home ranges from a driver's license to merely an I-94 form, which states an individual is traveling through the United States. And it's worth mentioning that up to 100 people can apply on one I-94 form. As an illegal who can't fill out this form, that's addressed in here, too. There's a section for somebody else to fill it out for them. So there you have it. Those are the State requirements to apply for sober home ownership in Arizona. A name, address, a phone number, and an email address. Oh, also, and a check to cover the licensing fee, which with little explanation can be waived, let alone it's not required for homes under five. So if keeping recovering people safe, and local residents supportive, wasn't enough reason for a strong ordinance that will pass an FDA inspection, I just gave you another one. Include insurance. Conversations with Planning and Zoning Commission, who's been at this for 21 years in Prescott, advises the single largest reason they were able to properly distribute a healthy number of sober homes in their town was the fact that they required insurance. Florida also has a tremendous problem, and insurance requirements is how they eliminated improper sober operations. So I'm going to change topics. Regarding verbiage of reasonable accommodation in the ordinance, a sober home applicant seeks a reasonable accommodation under FHA and ADA, not a waiver. The legal terminology for exceptions to any legal ordinance is a reasonable accommodation. FHA, ADA, FDA, even our schools refer to exceptions as reasonable accommodations. There's no ethical reason to change the verbiage. And finally, when you make your changes to the zoning ordinance, could you please explain to the townspeople how each of your decisions benefit the townspeople. And that's it. Thank you. MAYOR DICKEY: Liz Gildersleeve. GILDERSLEEVE: Good evening. Once again, I am here tonight to ask those of you who have the privilege of sitting on this council to do the right thing by the vast majority of your neighbors, and approve the very reasonable Planning and Zoning TOWN OF FOUNTAIN HILLS Page 45 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 45 of 80 recommendations as written, not watered down, for sober homes in our community. Unfortunately, it now appears that Councilmembers Scharnow and Magazine, in particular, hold those of us who've been vocal about stronger regulations for sober homes with much disdain and contempt. My apologies to both of you for taking an active interest in local issues that directly impact our homes and neighborhoods. Given Mr. Magazine's own recent words several weeks ago, where he stated that he "goes 180 degrees in the opposite direction" when citizens get too, as he put it "demanding", and Mr. Scharnow's own words in last week's Times' unusually lengthy opinion piece, as well as his own involvement as the new director -- I assume it's a paid position -- for the Drug Coalition, not to mention his coalition possibly having received financial donations from the sober home and detox industries, how can the public be assured that Mr. Sharnow's and Mr. Magazine's decisions will be objective tonight? As I've said in the past, this is the most important and impactful issue right now for our town. Hence, the reason why you hear from many of us meeting after meeting. And I hope that I will leave tonight being completely surprised, and that each of you will do the right thing by putting residents first, and voting for the very reasonable P&Z recommendations, several of which are already in place today in cities around us. And something that is not often mentioned, the P&Z recommendations would also protect the vulnerable residents living in the sober homes. For example, with a smaller occupancy limit of five residents, longer distances between homes for better rehabilitation, and even more robust liability insurance requirements should anything tragic happen in a sober home or neighborhood -- and rest assured, it's bound to happen. If you are unable, tonight, to advocate aggressively for Fountain Hills residents and neighborhoods, then our local elections for a new mayor and new councilmembers cannot come soon enough. Thank you. [APPLAUSE] MAYOR DICKEY: If you want me to recess, and then we'll go on and on, please don't applaud. It's in the rules. It's ethics. Let's just be polite. Don't applaud. Give everybody a chance to have their say. Or I'll just recess, and we'll just start again in a half-hour. Please stop. CLERK KLEIN: Rita Brown. TOWN OF FOUNTAIN HILLS Page 46 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 46 of 80 BROWN: Good evening. Thank you for allowing me my opportunity to diatribe at you. I had to leave my glass house high up on the hill to address the invasion of a giant industry into my single family neighborhood. In the recent opinion piece in The Fountain Hills Times, words were used that were intended to shame me into silence, words such as bias, fear, paranoia, anger. But here's the thing: Every time I remain silent, I lose. It's clear members of my town Council believe I'm too biased and paranoid to remember that addicts have families. I must be caring of addicts' families after they have abandoned their own families. But I too have a family. And I choose to protect them first. I made the decision to live in a single family area as part of my plan for caring. While some council members may believe the fairy tale that people in recovery actually choose to go to recovery, the fact is that many are there against their wills. When the judge said, jail or rehab, they opted for a resort lifestyle over jail. Most are not from our town. Many are not even from our state. And some have arranged for drug drops before showing up. Those drug drops increase the presence of drug dealers on my street. For a second time, I interrupted a drug drop at the drug house on Nicklaus Drive. I went to the Sheriff's office and reported it. I've requested increased presence of the Sheriff on my street in the hours just before sundown, but that's just my paranoia showing again. The drug industry is a multi-billion-dollar industry. A single family neighborhood is no place for that billion-dollar industry. Our town lawyer is fearful we'll be sued. The federal government requires only that reasonable accommodation be made. As the taxpayer in this town, I consider it more than reasonable accommodation to allow members of that billion-dollar industry into a single family neighborhood. Just as we tightly regulate height, width, locks, every minute detail for swimming pool fences on private property, we need to have very stringent regulations for our local drug industry. Here's an inconvenient fact: Persons who complete an inpatient rehab program are not significantly more or less likely to succeed at staying clean than their intensive outpatient program counterparts. In other words, it is the intention of the addict that determines treatment outcome. Nothing I do -- my bias, paranoia, fear, and anger have no bearing on the outcome of the treatment. How many AA meetings are we hosting in the community center, in the library, and in the Town Hall? Thank you. TOWN OF FOUNTAIN HILLS Page 47 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 47 of 80 MAYOR DICKEY: Darla Jacobs. JACOBS: You're tough people to follow. And I think the first two people said it all. And a lot of replication. I understand that a lot of other people have sent several emails to some of the people in this room, and to no avail. After seeing this slide presentation and the proposal online, I realize that my concerns and the concerns of others have fallen on deaf ears. I also have to admit that the Town's building developments and ordinances are being influenced by the political ideology of many of the voting members before me. The key elements of protection for Fountain Hills' residents and for sober home living residents have been gutted from the Planning and Zoning Commission's ordinance. The P&Z ordinance strictly adhered to the State's land use perspective, which are the very land use governances that reside with our municipality. They may not be common to other towns, but they are in line with State governances. The P&Z effort also took the better part of a year with the assistance of a retired attorney and concerned residences to put those ordinances together. I'm speaking here tonight because I believe that the proposed ordinance changes lower the bar on the high standards Fountain Hills' residents expect from their elected officials, and raise the potential for bad actors looking to make large profits from high fees and Fountain Hills' weak ordinances. The topic I have chosen to discuss is the removal of the general liability insurance clause, which is one of four major changes to the Planning and Zoning ordinance. First, the State of Arizona does not require liability insurance. The State also does not prohibit municipalities from requiring it. It's the Town's choice, and it is in line with land-use governances. The two major operators of several sober living in Fountain Hills are for- profit businesses and should be treated as such. It's irresponsible for the governing body of our town not to require liability insurance for a business that has the potential for enormous risk. The risk is such that insurance companies specifically do not cover sober living homes under their standard homeowner or landlord policies. Standard homeowner coverage is not designed for the unique exposures of a recovery residence. And some states make it mandatory to have this insurance due to the litigious exposure. Are we so blind that we do not see the risks to sober living home residents and others? In addition, quoting Michael Scharnow's comments recently in The Fountain Hills Times, the municipal risk pool provided with a $10,000 deductible is much more complicated than TOWN OF FOUNTAIN HILLS Page 48 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 48 of 80 what's portrayed. It's not an automatic slam dunk. Now I'm really concerned. The town may not even have a backup insurance source. At approximately $20,000 or more for a month's stay in a sober living home, operators can well afford to pay for general liability insurance. They may not like it, but it should be the cost of doing business in Fountain Hills, especially when it provides protection for their vulnerable residents and themselves. Do what's right. Listen to your Planning & Commission, and put the general liability insurance clause back in the ordinance, perhaps without the subrogation, if necessary. MAYOR DICKEY: Richard Rutkowski. RUTKOWSKI: Mayor and Council, as many of you know, I'm a 20-plus-year resident of Fountain Hills. My comments are directed in part specifically to the Ordinance 22-01 regarding what is now being termed "community residences", which I, and I suspect many of those who are paying attention, consider a creative euphemism for what are more commonly referred to as sober homes. My comments also apply to a broader perspective of town government. First, a specific comment about Ordinance 22-01, the Planning and Zoning Commission has addressed this issue in a responsible, comprehensive manner, and in a way that recognizes the views and concerns of the residents of Fountain Hills, that it and you are obligated to represent and serve. The large numbers of attendees at many past meetings and tonight make the viewpoint of the Town's residents very clear. It is clear to me that a few of you on the Council, and we know who you are, actually listened to what the residents of Fountain Hills want and what we do not want. Sadly, the rest of you, and we know who you are, prefer to follow another agenda, and fail to listen to what the residents want, and what we do not want. Now, the broader perspective, we should have a representative government, a government that is responsive, responsible, and accountable. We should not have to fight a town government on so many issues, whether it be the lagoon, the primary property tax, daybreak, or this current issue of sober homes, community residences, whatever the title. I'll remind you that all those past ill-advised attempts by Council failed. And a few of them failed with a voter turnout that shattered Maricopa County records for voter turnout in a municipal election. We should not have to fight. But we did it before, and we can do it again. The point for tonight is that you have the opportunity to listen, to do what is TOWN OF FOUNTAIN HILLS Page 49 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 49 of 80 right, to do what the people want, to enact what P&Z has proposed, after listening to the people. You have that opportunity; I encourage you to please take advantage of it. Thank you. CLERK KLEIN: Cathi Marx. MARX: Thank you. Mayor Dickey, Council members, first, I just want to say, before I get formal, my heart breaks for this family who lives next door to the ten men, because I see them on their patios, with their shirts off, on their patio smoking. I can't imagine living next door with my daughter. It's also very different visiting a sober home during the day than living next door to one. I want to start with a sincere thank you to the P&Z Commission, who has taken the time to really listen to the residents regarding our concerns about the sober living homes in our residential communities. They understood the real world implications of what it's like to have a sober home, or two sober homes, or three sober homes in your immediate neighborhood. They understood when we brought in the drug waste, which I found and collected. And I resent the fact that it wasn't true, right, that we found near homes that prove that drug use was active. We explained our concerns for our families, children, grandchildren, pets, who may get exposed to the waste in our streets and front yards that may still have drug residue, or worse, fentanyl residue. They understood when we explained what it's like when there are fights between residents and the police are called in the middle of the night, or screams in the early morning because someone is still detoxing and is having a bad night and the ambulances are called. They understood when we explained that on holidays, ambulances are more common at these sober homes due to suicide attempts. Yes, all this can happen in any home, but take each home and multiply the probability by eight or ten. Add the talking too late at the night on the back patios or the nonstop smoking that goes into your bedroom window. Not even mentioning the large Mercedes vans that go up and down, up and down, up and down, up and down our streets. Then the constant honking when they arrive to let people know it's time to come in and load up. Councilman Magazine said, he wanted to rebrand Fountain Hills as a wellness destination. Does that rebranding start now with possibly a detox facility on top of it? Here's my commercial: Heroin addict, meth addict, alcoholic, no problem, come to Fountain Hills, Arizona, detox for 90 days in our beautiful, small town in the hills above Scottsdale. After your TOWN OF FOUNTAIN HILLS Page 50 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 50 of 80 stay, then spend another 90 days in a luxury mansion nestled within a residential community, as you try to remain sober. Don't worry if you relapse; you only have to drive another ten minutes back to the detox facility to start over. I thought we wanted to be known for the new International Dark Sky Discovery Center. Who is going to want to Fountain Hills with their family for a vacation when we are known for our drug addicts and detox centers? I'll answer that question for you: no one. Thank you. CLERK KLEIN: Crystal Cavanaugh. CAVANAUGH: Good evening, Fountain Hills residents. Do not water down this ordinance from either fear of litigation or other motivations. But first, I do want to thank you, Mr. Scharnow, for your good works with the youth in the drug prevention coalition. No one here is against drug prevention programs. In fact, youth programs actually have a higher success rate. But the councilman tried to confuse the issue by leveraging his good works and mixing them with this local zoning ordinance that protects our community. He stated as fact that losing in litigation was guaranteed. Why so quick to roll over? Where is the leadership? If towns only follow what others have done, we end up with a cookie-cutter ordinance with no one taking a stand for actual people or locations. Everyone runs scared when a recovery consultant says the word "discrimination". Even Mr. Scharnow accuses community bias in his article. There have been varying court opinions, and some of these issues have not even been litigated; they've simply been negotiated and accepted. No one denies that there are drug problems here, but I challenge these so-called sober homes to give specifics on the actual number of Fountain Hills residents in them. I say almost all are from elsewhere. And there are many drug programs available across the valley. Approving the key component, such as reduced occupancy to six, increased distance, and commercial liability insurance are non-negotiable, in my opinion. And adding that grandfather clause to allow the higher occupancy levels to continue in the current rented, not purchased, homes does absolutely nothing to change the status quo, and it's a total cop-out. Decreasing occupancy by their yearly renewal should be required at a minimum. And why fight so hard against the insurance requirement? Legitimate organizations operating properly have no problem obtaining such insurance. If you pass an insufficient ordinance without the key protections, I certainly hope the people of TOWN OF FOUNTAIN HILLS Page 51 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 51 of 80 Fountain Hills realize you do not have our best interests at heart. And you are not listening, once again. Some of you actually seem to have a disdain for the residents who stand up to speak. You think we don't understand the issues of addiction, that we think it's a character flaw or a simple matter of willpower. But in reality we do indeed understand, and as you said, we have all been touched by it. My very own brother hung himself after years in the cycle of addiction and in and out of treatment programs. Returning to substance abuse is a typical story. But the model requiring million-dollar homes in single family neighborhoods that house four times the average household is not about treatment; it is about money. And neighborhood residents should not have to pay the price. We are not discriminating against the recovery clients, but the residents of Fountain Hills would appreciate it if this Council would stop discriminating against us. CLERK KLEIN: Andy Bennett. BENNETT: Thank you all. Thank you for taking the time to allow me to speak this evening. This will be the fourth time I have come here to speak on behalf of the individuals receiving and seeking treatment for substance abuse in Fountain Hills. Addiction is a condition that carries a lot of baggage. It's very tough to recover from, and despite what the Prescott newspapers of 2017 would have you believe, there's a shortage of effective treatment for addiction. It's estimated that only 30 percent of drug treatment nationwide meets the minimum standard for care. The success rates are even lower and much harder to track. It's important, though, that we don't confuse the problem with the solution. I think most people can understand what the problem with addiction looks like: broken homes, death, incarceration, and institutionalization. Also in areas where there's high concentration of drug abuse, crime is a huge problem. We're blessed that that's not a problem in Fountain Hills. The solution for substance abuse is also well documented and well researched: therapy, psychiatry, and peer support. There's been a lot of talk about bad actors in the treatment industry as well. Well, there's bad actors in every industry and ever y institution worldwide, whether it's institutions such as schools or churches; we've all heard stories that have reverberated across the country. Bad actors do damage to well-intended individuals in all industries. The 2019 community views survey in Fountain Hills found that participants believed that drug and alcohol abuse was the top issue affecting youth in TOWN OF FOUNTAIN HILLS Page 52 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 52 of 80 Fountain Hills, followed by anxiety and depression. This series of meetings feels largely in conflict with that poll, rather than a conversation around how to expand access to care, whether it's increasing the distance radius between homes or reducing the number of people that can reside in the homes. Nobody's talked about any flexibility in the newly proposed rules, such as we are going to restrict access in these locations, but increase access over here -- there's absolutely none of that. Today's meeting is a continuation of the conversation on how to limit the access to treatment for drug addiction in the city of Fountain Hills and avoid litigation. Exactly how restrictive can we be? It's the same conversation that's been going on for the better part of a year. Lastly, because the City of Prescott is brought up so frequently in these meetings, I'd like to remind to everyone that the solution that was put into place to remedy the clustering of sober homes in Prescott are more lax than the zoning requirements already in place in Fountain Hills. Simultaneously, the State of Arizona has also started licensing and regulating sober living homes, which it has never done before. As I said in the last meeting, it feels like a solution in search of a problem. And it's my hope that the regulations on sober living stay as is. A couple off-topic comments, that I didn't write. MAYOR DICKEY: You're almost out of time here, sorry. BENNETT: Am I out of time? MAYOR DICKEY: Not, not yet, but almost. BENNETT: Okay. Liability insurance, everyone has it. If you want to advertise on Google, you have to have a liability insurance, so I think that you're going to see that's pretty common around. So if you guys require it, that's okay, but everyone has it in a sober living home. If you don't have it and you're operating in Fountain Hills, you can't operate in Fountain Hills. So -- there's that. Thank you very much. COUNCILMEMBER SPELICH: Mr. Bennett, where do you reside? BENNETT: I reside out of town, just like 90 percent of the other people who work here. CLERK KLEIN: Larry Meyers. MEYERS: Mayor, Council. Well, it's just about all been said, and I've been saying it since last year. But here's another three-minute diatribe. To explain something that is absolutely overlooked, and is absolutely pushed by the detoxification industry to confuse TOWN OF FOUNTAIN HILLS Page 53 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 53 of 80 the issue, what you're here to discuss tonight, this issue is about allowing a business or businesses to profiteer and bolster bottom lines at the expense of residential property owners, plain and simple. The Council, if you don't want to protect the residential property owners, you can ignore reality about this business or promote fallacies. So Councilman Scharnow was very excellent in pointing out all of the fallacies in his one- third-of-a-page opinion piece in the paper. Others have pointed it out. I'm not going to get into it. But I want to tell you my conversations with the State -- at the highest levels levels have told me that there are no sober homes in Fountain Hills. Okay? So let's get rid of that fallacy. These are residential detoxification facilities. I don't care what you heard; that's what the State says. While Councilman Scharnow now that we have problems here, I agree. He says we tend to have them at a lesser degree, and I say probably, because Fountain Hills is a great place. But I don't see the need for the Town to allow a business to take people who don't live here and expand to a point where --Councilman Scharnow brought up, he doesn't see them proliferating -- when I first spoke, there was one. As I speak, there may be six. That's a 500 percent increase in 15 months. I'd call that proliferation. And I'm going to point out that Mr. Bennett's business is in the business of growing this business. Check his website out. So now back to the real issue, land use. The Council continually hides behinds the State -- this comes from the State; the State is solely interested in the governance of the activity that occurs within the home from a clinical perspective. They have no desire or jurisdiction to address the use of a home for any purpose from a land-use perspective. All governances related to land use rest with the municipality. Thus, the word "preemption" gets thrown around a lot. The only real, valid use of the word "preemption" is that the State via the DHS inspects for functional use within the home. Local jurisdictions have not been preempted from land-use perspective, and while -- I would just like to finish so I can say, while I feel Councilman Scharnow's pain, because my son knows his family, I think that that's conflating the issue, and as I stated, I think the P&Z understood this, understood it best, and I'd like to see what they understood put into place. Thank you. CLERK KLEIN: Jane Bell. TOWN OF FOUNTAIN HILLS Page 54 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 54 of 80 BELL: Good evening, Council and Mayor. First, I want to thank the Mayor for taking my phone call. It's always good to talk to Ginny. I want to explain the information I used. Phoenix, I talked to Rachel Escalar (ph.). Page 5, paragraph 3, general liability required. Page 9, paragraph e, owner must maintain general liability insurance. Page 14, per the permit a law enforcement officer or agency to inspect Mesa's Ann Marie Fantasia. Page 5, license a-7 copy of operator's insurance policy. Page 8, g, liability insurance, one mill three two. Page 6, paragraph 6, inspection. Here is a stack of information that has taken us a year to put together. We sat and read case law up until midnight. Nobody has tried to give you any wrong information. If we did, it was not on purpose. Along with this stack of papers, we were lucky that had a Representative Kavanaugh that took us under right at the very beginning when we were trying to search out all of the different laws and where they've gone. Because of him, we met with their legal department, their code, their head of the DHS, and they really educated us. We are very fortunate, and we can contact him and get to their legal things to get the answers. Why all this information? Years ago, I was involved teaching drug education and savings kids' lives, before all of you were born, except maybe Magazine. [LAUGHTER] COUNCILMEMBER MAGAZINE: Jane, it's always pleasure. BELL: Remember the count of six in the house. It has gone to the Ninth Circuit Court. The U.S. Supreme Court, the Town may write any ordinance provisions necessary to protect the welfare, including the number of occupants, proving it does not over- discriminate. After talking to the Mayor, I realized we were on different roads, because these drug items didn't blow in. I hope you'll look at the Article 2, R9-12-210, the administration of the home. I gave you the State and I gave you papers out of the Phoenix ordinance that deals with that. Phoenix has 8 pages. I gave you the State to look at. We need people to be involved in our government -- three minutes you give is important, is democracy at work. We and the Council should be one team, wanting the same outcome. Please go back and look at that article on administrating the home. Be sure you have 24 hours management, they know CPR, and there's Narcon available in that home that can be given. You have to protect the addicts. The detox ordinance is coming next. I wonder where Fountain Hills is going to be. TOWN OF FOUNTAIN HILLS Page 55 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 55 of 80 We've had our property here for over 44 years. We love this town, but I am concerned about where it's going. Addicts can get well in a -- not a million-dollar home, or riding around in a Mercedes. We have to watch where we're going with it. Thank you. CLERK KLEIN: Representative Kavanagh. KAVANAGH: Good evening. Thank you for the opportunity to speak. State Representative John Kavanaugh, Fountain Hills. First, let me go on record as saying that I erroneously ascribed to staff at the last meeting that they had rewritten the ordinance that P&Z done. I had criticized them; however, I since realized that they were simply presenting alternatives to the thing, so that was not warranted, and I want to go on the record as saying that. However, I still do disagree with their recommendations, because I think they watered down an ordinance and lessen the protection that the people need. I spoke to the lawyers at the State capital, and they made it very clear to me that in areas of planning and zoning, the State has not, in the least, preempted the Town from doing regulation in this area. So when it comes to the number of people in the house and the distances, which is planning and zoning, there was no problem with State law. So you may ask, is there -- are there any other potential problems, and the answer is yes. Federal law, because this has to do with the Americans Disabilities Act. And you have to be able to give reasonable accommodation. So when you look at the recommendations and you look at the surveys, where this town has so many feet, this town has so many feet, nobody has the half mile, which we recommend. That doesn't mean you can't do that, because the State doesn't control that. It's federal law, and based upon what the federal government says. And as we learn that the thing the P&Z is needing, there are other states that have half miles. So the feds haven't cracked down on these half-mile regulations. So that would seem to suggest that we would be okay with the half mile. So I think that's a reasonable thing to do. The other problem has to do with fear of a lawsuit. If you are -- if you do a federal violation, or a claimed one, you don't go right to court and spend a fortune on lawyers. The first thing the federal government does is, is they call you in, they talk to you, they may do mediation or arbitration between the parties, or they may say, you can't do this. At any point, you can back out, and you have not racked up massive legal fees. So it's not like going down this road is necessarily prohibitive. I would also state that, I think TOWN OF FOUNTAIN HILLS Page 56 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 56 of 80 you can do inspections, because State law says that the State can contract with third parties that do inspections. So you could conceivably contract with the State to pick up that role, which you might want to do since they haven't got that much staffing in this area. And if it requires a tweak in the law, I'd be more than happy to do that. I think fire insurance and inspections are important. People with addictions have co- addictions, like smoking, a lot of smoking, People who can relapse and get stoned. There's a lot of fire problems there. I think that's a reasonable thing to do. Finally, let me say, be careful about your waiver language, because what I heard was suggested, you could drive a truck through. I think any waiver has to be based upon undue hardship; that is unique to that particular house. So you don't open up the doorway, everybody can claim, oh, this is not economically feasible and get their waiver. In closing, let me say, the people who spoke here tonight who live near these homes are clearly concerned about their quality of life, about their safety, and their peace of mind. Everybody else in this room, everybody else in this town, could potentially be in the exact same situation. Because these homes can open up next to any of our houses. So these people, the Town, even yourselves, right, should expect no more than to have your peace of mind, your safety, right, protected. And you should give no less. Thank you. COUNCILMEMBER SPELICH: Representative Kavanaugh. Excuse me. I'm sorry. MAYOR DICKEY: Can he ask a question? COUNCILMEMBER MAGAZINE: Yeah, I have a question. I genuinely do feel sorry for the people who live next to these and see men looking in their windows, or whatever they're doing. I genuinely do, but I want to ask you, in your mind, based on State law or anything else, is there anything we can do about that? KAVANAGH: Yes. Madam Mayor, Councilman Magazine, I would adopt the P&Z's provisions. I would attempt to defend them as best I possibly could. Understand -- and I'm not saying this applies to every staff member at every occasion. But I was on this council for six years. I've been on the legislature for 16 years. And there's one thing I can tell you about staff: They're conservative in their recommendations. That they tread very gently. Because this is the bottom line, if a staff member says to you, you can do that, pass that, make it so many feet, and you wind up getting sued and losing, there's a staff member who's concerned about their job, and maybe with good justification. So if TOWN OF FOUNTAIN HILLS Page 57 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 57 of 80 the staff member says, you can't do that, don't do it, and you don't do it, that staff member never gets in trouble, because there's no lawsuit. But you have to say -- you have to say to yourself, did I shortchange my constituents by not giving them -- giving them enough protection. So I think P&Z's were reasonable, and I would stick by it and do the best, and if you have to back out, I would back out. COUNCILMEMBER MAGAZINE: I do hear you. But I'm not sure you've -- maybe I didn't make my question clear enough. KAVANAGH: Okay. COUNCILMEMBER MAGAZINE: Let's assume that there's one of these one of these houses right next door to you and you don't like it; there are problems. Is there anything you can do about it? KAVANAUGH: Well, yeah, I could go to my town council and I could ask to have these restrictions put in. I could have aggressive code enforcement, doing -- inspecting -- COUNCILMEMBER MAGAZINE: But you can't -- but you can't remove them? KAVANAUGH: No. You -- no, you can't. Because that's the federal law. But you can make them as least intrusive as possible. I had that with the party houses, the short-term rentals. I couldn't -- I voted against it from the day one. I was the only Senator -- I knew it was a disaster. I couldn't stop it, but I did come back the next year, and I banned exclusive party event houses. So you go as far as you can. You push the limits. COUNCILMEMBER MAGAZINE: And we appreciate that. KAVANAUGH: Okay. COUNCILMEMBER MAGAZINE: Thank you. MAYOR DICKEY: John, I do want to ask something, because when Larry was up here, he said something about that the State cares about what happens inside the house, but then he said somebody from the State told him that it's detoxing that's happening, not sober. So if they're the licensing -- what'd you say? MEYERS: I said that they said that their records show there were no sober homes in Fountain Hills. MAYOR DICKEY: So these -- MEYERS: I said, they are detoxification facilities in residential properties; the State did not say that. So I -- TOWN OF FOUNTAIN HILLS Page 58 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 58 of 80 MAYOR DICKEY: The State said there are no sober living homes -- MEYERS: Quote. MAYOR DICKEY: -- but that they are only responsible for what goes on inside, not the zoning stuff. So how can they license something that isn't really a sober living home? How is it existing? We have four and they're sober living homes, licensed by the State. So why would the State admit that there's no sober living homes? KAVANAUGH: Yeah. I guess it comes down to the definition. There's a medical definition. There's a legal definition. But the bottom line is, these people are in some stage of detox, because quite frankly, they wouldn't need all this treatment if they didn't have an addiction and they didn't need to kick that addiction. They're just in a later stage than if they have to be in a hospital. MAYOR DICKEY: Well, they're -- they are not technically, because a detox couldn't happen in a residential area. It couldn't be licensed to happen in a residential area, correct? KAVANAUGH: From the -- Mayor, from the legal standpoint, but obviously these people still crave the drugs. It's not -- the craving's not out of their system, so I guess if detox is considered a medical, biological thing, then they're not detoxing. But in their minds, I think they're still going through a stage that's close enough for government. MAYOR DICKEY: Thank you. It just -- [LAUGHTER] CLERK KLEIN: Thanks. I give up. Barry McBride. MCBRIDE: Madam Mayor, Council. My business is right across the street. I own two buildings in Fountain Hills, but I'm sad to say I'm a resident of Scottsdale. Haven't been able to get my wife to move here yet. But I'm working on it. I would like to say I'm so impressed with the citizens. I'm inspired by the quivering voices, and I think that with the quivering voices that would help you look at things maybe from a different perspective. In this situation, serving along with the P&Z, there was research done beyond Arizona border, which was really impactful. And I think that was reflected very well in their -- in their recommendation. So we encourage you again to adopt P&Z's recommendation as given. We think that's very, very important. Mission number one of the Council, I would assume, to serve and protect the people. TOWN OF FOUNTAIN HILLS Page 59 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 59 of 80 And when we hear stories of people that are not being served and not being protected, it is very inspiring; it's very concerning. And it's the type of the story that would change the way that you think to look at things through the lens of leadership, as opposed to following other -- or other municipalities with undue restrictions. It's a very, very concerning thing. And the issue is is we now have commercial enterprises in residential zones that's causing the quivering voices of those that have come up and spoken, which is quite unfortunate, it really is. Interesting, I cannot run a commercial insurance agency in a residential area, but we can have detox facilities there. It's a real, real concern. I implore you to listen to the quivering voices, to consider what they're going through and living through. It's the lens of leadership. And I'll follow up with this. I serve on a committee at the Phoenix Zoo, and one thing that we do at the Phoenix Zoo is we are very, very considerate of where we place different species because of the amount of stress that it causes from one to the other. So said respectfully, said respectfully, because I will say that my cousin died of a heroin overdose. So I do care deeply for those in treatment. But his treatment was at a facility, not in a residence. But the key is is we have to make sure that we have commercial and residential, because otherwise the mixing of the two creates an undue stress that's unfair for residents. Thank you. CLERK KLEIN: John Pio -- Peo ? I'm -- PIO: Pio. CLERK KLEIN: Pio, I'm sorry. I know I had it once before. And I couldn't remember how I pronounced it. PIO: Madam Mayor, Council, thank you. My wife and I have been residents of Fountain Hills for 19 years. Fountain Hills is blessed in many ways, and in particular relating to this agenda item, it's blessed to have a Planning and Zoning Commission that's willing to do all of the hard work necessary to generate the best possible recommendations that serve the interests of the Town and its residents. In particular, the Chairman, Peter Gray, is obviously highly competent, talented, and motivated to do the best possible job in supporting you all on the Council. My observations are that the recommendations developed by Chairman Gray, and the commission were based on extensive research, factual evidence, due sensitivity to legal issues, and consideration of what best serves this TOWN OF FOUNTAIN HILLS Page 60 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 60 of 80 community as well as the operators and especially the residents of the sober homes. I believe the recommendations should be adopted substantially as proposed and not be weakened because of supposed or speculated future litigation. We've all seen the disastrous results of weak ordinances in other locales, and we're feeling some of those consequences within our own community. And they're not rumors. And I think there's people here that would disagree that this is a solution in search of a problem. The adoption of strong but fair ordinances may carry some risk of litigation. But what possible legitimate consideration can come before protecting this town and its residents? Thank you. CLERK KLEIN: Allen Skillicorn. SKILLICORN: Thank you, Mayor, Council, staff, and also thank you for your time, your commitment, and, you know, evenings like this go late, and we want to respect your time. And thank you and I appreciate your time. My name is Allen Skillicorn, and I'm just here because I think people are more important than special interests. And when I look at that Planning and Zoning Ordinance that was unanimously approved, it just seems like it's very common sense to me. It seems reasonable. When I listen to my neighbors, they seem to agree with me too. They say -- I hear it over and over, common sense, reasonable. They seem to agree with me too. And I hear tonight, you know, whether it's the presentation and some of the questions and comments. It sounds like I heard the word "can't" a lot. And I'd really like to hear the word "can". And I'll give you an example of the differences. When we talk about, you know, the State does inspections, the Town can't do inspections, the State doesn't require insurance, the Town can't require insurance -- when I -- when I hear this, it just -- can't, can't, can't. Well, I believe in the word "can". So we have a State legislator who's in the audience here, who lives in town here. If we need this change a State law, he can propose the legislation. It may not be immediate. It might take some time. It might take -- it might be next session that this happens. But we, the people, can change the law here in the State. This town also has a congressman that resides in the Town, and many of us have his cell phone number in our phones. If federal law, if ADA is a problem, we can approach him, and he can file legislation. And potentially, that could be changed; that could be changed long period of time, short period of time, but we can effect change. TOWN OF FOUNTAIN HILLS Page 61 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 61 of 80 And I want -- I just want to point that out. When I hear the proposed ordinance about the waiver, there was a couple objections there. One -- that -- didn't I hear of an objection is these, the commission, the three- person commission, for the waiver? Now, one issue I have with that is that this is an unelected commission. The people on there are not accountable to the public, because they're not elected. I do have a significant problem with that. I hear a complaint about, or, you know, a recommendation of lowering the distance. Still I think the people of this town deserve to have an opportunity to not have these in these clusters, considering the topography of our town and the -- and the washes, the half a mile does not seem unreasonable. Now, I did want -- a couple of other things. Like, if one of these facilities moved in next door to you, would you be okay that they weren't required by the Town to have liability insurance? Think about, if they were next door to you, would you be okay with that? If one moved next door to you, would you be okay if the Town did not come in and do inspections? Would you be okay with that? If one moved in right next to you, would you be okay with the limit of six versus ten? Would you be okay with that? And the reason I ask the question in such a way is because there are people in this -- in here that have these right next door to them. And they are not okay with the watering down of this ordinance. So I respectfully ask, if you feel uncomfortable with watering down any of these items, tonight is the night to speak up; tonight is the night -- the night to do so. And I don't know if you are guys are open-minded to keeping the Planning and Zoning, you know, recommendations. I hope you are, but if you have any feeling that you're uncomfortable with not having insurance, not having inspection, not having these limits, speak up tonight. The people of the Town want to hear you. Thank you so much. CLERK KLEIN: Ed Stizza. STIZZA: Good evening. And Mayor, Town Council, and staff. I'm a resident of Fountain Hills. I cannot say anything more other than, finally, you guys are going to be held accountable for your vote tonight. This is an important vote. You have heard from all the residents. You have heard from the Town. You have heard from everybody you possibly can, and if you can't make the right decision this time, then God help you. So -- thank you. TOWN OF FOUNTAIN HILLS Page 62 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 62 of 80 MAYOR DICKEY: Thank you very much. Those were all the speaker cards. I think -- so right now, I just want to say a couple of things. So I understand that you would like us to follow exactly what the Planning and Zoning said, but I think you noticed even at the last meeting, some of the changes that we made were necessary, and no one objected to them on Planning and Zoning either. I think -- I know you want us to listen, and I believe that we have been listening and obviously care about this. Representative Kavanaugh knows about how I feel about the short-term rentals, and I feel like it's kind of the same, sort of intrusion, it can be, but we also -- we are preempted in a lot of ways. Part of me sees this State, as the licensing entity, that they should be responsible to make sure that they're not detox or there's no active treatment going on or that there's not 12 people living there or whatever -- whatever they're -- they made those accommodations to give them the license. Why are they not in charge of taking care of them? And if we don't like the fact that something has to happen that the State tells us to do, why isn't that -- and you did mention that, you know, going back to try and to change some of those laws. But when you talk about the insurance, it literally was the State law that made Phoenix, Mesa, and Prescott have to take that off their books. So I don't know how that translates into us being able to do that with the State. The other things that were talked about, I -- everybody goes through that at some -- at one point or another with a -- with a neighbor. Whether it's a dog or fighting people or the smoking, or you don't -- you don't have a smoking neighbor ever? You don't have fights ever? What I'm saying is that when Allen asked about what would you do about that, some of this stuff is a little -- you know, it's not cut and dry, and -- but I do ask since we do have some folks here in the industry, you know, sometimes you have to act like neighbors, like we have to ask a neighbor about a dog or about smoking or about fighting or partying or any of that kind of stuff. So we have to weigh a lot of different things as we move forward, including the law. So that's what -- that's what going through our minds. There's no -- there's no hubris here; there's no fun here. There's nobody trying to help somebody with some motivation or another. But we have been trying to make our way through this in the best way for all 25,000 people that live here. So anyway, what -- do I close the hearing, and do we -- can we continue to speak after that? ATTORNEY ARNSON: Mayor, you can go ahead and close the hearing, and then if the TOWN OF FOUNTAIN HILLS Page 63 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 63 of 80 council members have additional comments, by all means. MAYOR DICKEY: Okay. So additional discussion? On what we went through? Gerry and Vice Mayor. VICE MAYOR FRIEDEL: Mayor, tonight we heard a lot of people mention the insurance issue. So I'm just wondering if there's some kind of a model for a rated risk that we could take a look at across the board for all of our business community so that we're not singling out one sector of the business community. And I'm wondering if there's some model or something that we can take a look at to give us more information in that area. ATTORNEY ARNSON: I have a couple of thoughts and a response to that question, Councilman. The first is that, is there some sort of model -- I mean, sure there are model policies, right. Like, you know, the insurance industry has model policies all the time for commercial general liability, property owner's insurance. And it's just a question of what's the nature of the business and what's an appropriate limit. I'm not sure how we as a town go with every business and try to figure out what limits would be appropriate for every type of business. But assuming that it was possible, it's -- at least one of the things that sounded reasonable tonight is that -- and I don't -- you know, I'm kind of looking this direction toward Mr. Bennett. He made a representation that sounds as though the industry wouldn't have an issue with that sort of a provision. So I mean, I don't know if it needs -- maybe it doesn't even necessarily need to be an issue, right? If it -- I don't know, I'm sort of -- that was news to me. VICE MAYOR FRIEDEL: That's kind of where I was going -- ATTORNEY ARNSON: Yeah. VICE MAYOR FRIEDEL: -- because when he made that statement, I'm thinking, there's got to be a way to work that out. ATTORNEY ARNSON: Yeah, I mean, right. My point is is that, look, if it's something that the industry doesn't have an issue with, right, I still don't think it's something that under State regulations we can require of a specific industry, right? But on the other hand, if this is a sticking point and we mutually all recognize that it's a sticking point, that it's a distinction with that difference, then maybe we include it and move on, if some of the folks who have spoken here tonight in favor of reasonable regulations are okay with TOWN OF FOUNTAIN HILLS Page 64 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 64 of 80 that. But that I'm not going to put words in anyone's mouth, I'm just trying to come up with a reasonable solution here that sort of makes both parties mutually satisfied. MAYOR DICKEY: Can the State require insurance? ATTORNEY ARNSON: I'm sure the State could require insurance if it chose to. MAYOR DICKEY: Right, right, but the Town can't require somebody that buys a home to get homeowner insurance. The town -- we're talking about us being able -- having the ability to require insurance of one particular area, and that's the sticking point that the State -- these -- ATTORNEY ARNSON: The State is the licensing agency. MAYOR DICKEY: Yeah. MAYOR DICKEY: The State can require it. UNIDENTIFIED SPEAKER: (Indiscernible) only have one thing to say is that from the all insurance companies that I looked at, every one of them has an extra package for sober homes. MAYOR DICKEY: I understand, sir. Thank you. UNIDENTIFIED SPEAKER: So there is a risk/reward -- they're all doing that because of risk/reward. MAYOR DICKEY: I understand. What -- I guess what we're trying to get to the bottom of is the authority of the Town to require insurance from a particular enterprise, business, home, whatever you want to call it. And we don't feel like we -- we don't have that authority. UNIDENTIFIED SPEAKER: I want to let him talk. MAYOR DICKEY: Okay. I don't know what the -- you know, I don't know what the result of that is, because I came in here with the idea that we do not have the authority to require insurance. ATTORNEY ARNSON: And I still believe that's the case. MAYOR DICKEY: And you still believe that's the case. Okay, thank you. COUNCILMEMBER MAGAZINE: Follow up, then say the State could do it. COUNCILMEMBER MAGAZINE: Well, we have legislator Kavanaugh here, who perhaps can try to make that happen at the legislative level. I see him nodding in agreement that maybe that's possible. TOWN OF FOUNTAIN HILLS Page 65 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 65 of 80 MAYOR DICKEY: The other thing that I think we might have had some discussion about was the distancing thing, so, you know, the 1320 was the quarter mile. So do you want to talk about that? COUNCILMEMBER MAGAZINE: Yeah, may I? Yeah, Aaron, it's my understanding that 1320 is the farthest distance between these homes, and any jurisdiction in Arizona; is that correct? ATTORNEY ARNSON: You're not doing me any favors tonight, Councilman. That is correct. COUNCILMEMBER MAGAZINE: Okay. So 1320. ATTORNEYARSON: And that's in the -- that's in an attachment to agenda 8B. COUNCILMEMBER MAGAZINE: Right, right. So when it comes time for a motion, I would be happy to make the motion to have it set at 1320 as opposed to 1200. MAYOR DICKEY: Is there any other discussion on this item? Mike? COUNCILMEMBER SCHARNOW: No. I -- you know, in my oft-quoted opinion piece from last week, I said I was willing to look at changes and compromises and such. And I too think 1320 is a good compromise from what was proposed when looking at other jurisdictions. So -- COUNCILMEMBER GRZYBOWSKI: I agree. I feel like we don't want to be the test of waters above the 1320. I think part of our job on Council is to our help protect from lawsuits, so I feel like there's, what, 3 at 1320, and there was 5 or 6 at 1200. So I feel like 1320 is probably a safe place to go. COUNCILMEMBER MAGAZINE: (Indiscernible) motion. Mayor, I'm going to move this along. I'm going to move that the separation requirement be set at 1320 feet. MAYOR DICKEY: Is this a motion? COUNCILMEMBER MAGAZINE: Yeah. I made a motion. MAYOR DICKEY: Yeah. Well, are we going to -- do you want to take these one at a time -- ATTORNEY ARNSON: So the -- I think -- I think the best option with -- respectfully, Councilman Magazine, I think the best option might to be -- to go through those five areas that Director Wesley said. And if we can make a motion all at once -- MAGAZINE: Sure. TOWN OF FOUNTAIN HILLS Page 66 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 66 of 80 ATTORNEY ARNSON: -- that might really help. That might help us out. MAYOR DICKEY: Okay. Well -- ATTORNEY ARNSON: Right, we still have to -- yeah, we still have to actually get the ordinance, right, kind of -- MAYOR DICKEY: Yeah, so that we would take the break, so -- ATTORNEY ARNSON: Yeah. MAYOR DICKEY: -- so I'm good with the six and eight, if that's something anybody wants to talk about. ATTORNEY ARNSON: Six and eight, you mean for occupancy? Thank you, Mayor. COUNCILMEMBER SCHARNOW: I mean, I'm willing to consider a lowering of where we're at. I just think going down to six and eight is too much. And I'm kind of surprised in terms of all this comment, this past year, I mean, knowing from the -- what are we calling them, the family community residences. No one from that industry has come forward to question us or give suggestions. I mean, this is going to impact them as well. And, you know, we're kind of separating the two subcategories. I understand that, but I think we're lowering the family one just to kind of give credence to lowering the other one. And then, I mean, this could impact future people who want to open, you know, these family community residences in the community. I mean, maybe the feeling is ten's enough, but on the other hand, it's like we don't hear complaints about these homes. So this industry is going to be impacted by this ordinance as well. I just want to point that out, but I just -- to me, six and eight is too much. But most of the communities, the vast majority is are ten plus staff. And I'm not proposing that, but I just think what's on the table here is too much. VICE MAYOR FRIEDEL: Thank you, Mayor. I'm good with six and eight. And what it boils down to for me is quality of care. I think it's important. I have several members of my family who are involved with drug and alcohol abuse. And I've seen it firsthand. So six and eight for me are good, because of the improved quality of care, and it's got to be number one with dealing with this. So I'm good with those numbers. COUNCILMEMBER GRZYBOWSKI: While I agree with Councilman Scharnow that I kind of feel like ten is a better number, I would be okay with talking six and eight if we said that that does not include live-in staff. I do have a problem with six or eight people TOWN OF FOUNTAIN HILLS Page 67 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 67 of 80 if that includes live-in staff. MAYOR DICKEY: So we want to make sure we can come up with something that Aaron feels he can move forward with. So I don't think we're there right now. I think we probably need to hear from everybody else. David? COUNCILMEMBER SPELICH: Thank you, Madam Mayor. As I stated before, a month ago, well over a month ago, that I would not budge from that number, I will continue to be steadfast and say that it's six and eight or I'm a no vote. MAYOR DICKEY: Okay. Alan? COUNCILMEMBER MAGAZINE: Well, it's just a matter of getting it on the record. I agree with Councilwoman Grzybowski; six and eight, not including staff, makes sense to me. COUNCILMEMBER SCHARNOW: Well, I'd go along with that. MAYOR DICKEY: Any other? COUNCILMEMBER MCMAHON: (Indiscernible). MAYOR DICKEY: Six and eight with staff, including staff. Okay. COUNCILMEMBER MCMAHON: With the community residence, six to eight with staff, and the (indiscernible). COUNCILMEMBER MCMAHON: Can't hear you; your mic's not on. COUNCILMEMBER MCMAHON: It is on. MAYOR DICKEY: Yeah, it's on. COUNCILMEMBER MCMAHON: Sorry. I think that, with the community residence, up to six to eight with staff is appropriate. And the other one, the transient one, up to six with staff is appropriate. I think that, given what was said tonight, with the neighbor's concerns, that -- about how many people they see and things like this, I think this is a reasonable number. It's less than what was recommended, and it just seems like it would work. Thank you. MAYOR DICKEY: And I know that the idea of neighborhood, you know, how many people are in each house isn't something that they say is legitimate to use in a legal way, maybe. But I think it does reflect on neighborhoods, and just like with short-term rentals or anything else, trying as best as we can, under the constraints that we have to keep neighborhoods and the characters of neighborhoods as residential areas is important. So TOWN OF FOUNTAIN HILLS Page 68 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 68 of 80 there may be four for six and eight, with -- including staff? Did you see that? ATTORNEY ARNSON: Yeah, that's good. MAYOR DICKEY: Do you agree? MAYOR DICKEY: Okay. What was the other thing -- license, insurance -- the inspections. COUNCILMEMBER MCMAHON: I move that we not require inspections, that it's the State licensing agency does the inspections; we can't do unannounced inspections. MAYOR DICKEY: I think we could maybe help with the efforts to the legislature, whether it's for funding or for whatever it takes so that inspections can be done regularly and can be relied on, they can be requested, but that also reminds me, though, that there's complaints online that -- well, we just got some information today, and you touched briefly on it, that I think 94 complaints were made in the last year, and 91 resulted in citations. So I think it's a responsive mechanism that the State has in place. So I don't think that the Town has the jurisdiction or the ability to do these unannounced inspections. Like I said, we do do the fire inspections, and if there's code enforcement sort of stuff, litter, anything that you see on the outside, too many cars, working on a car, all those kind of things, we already have that ability for code inspection, but an interior inspection unannounced, we're -- we don't have the authority to do that, but I'd be happy to help the State and advocate for funding or whatever it takes for the staff to be able to do that. And then they could do that for all their cities. COUNCILMEMBER GRZYBOWSKI: I just wanted to reiterate when you said it 94 complaints that went in and 97 citations. That was based on the State, not on Fountain Hills' number. MAYOR DICKEY: Oh, right. COUNCILMEMBER GRZYBOWSKI: Just wanted to make sure that we said that. VICE MAYOR FRIEDEL: Mayor. MAYOR DICKEY: Yes. VICE MAYOR FRIEDEL: I'm wondering if the State outsources for those inspections, is that something that we can get hooked up with to do that in our own town, if the State is the one that is outsourcing that? Is that something we can on -- I don't know. ATTORNEY ARNSON: It's something we can check. I have no idea whether a TOWN OF FOUNTAIN HILLS Page 69 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 69 of 80 municipality serves as a third-party contractor. It would be unusual. It doesn't mean it doesn't happen. I just -- I don't know, yeah. MAYOR DICKEY: So basically it would be, like, they would hire somebody. And but we would have to have that staff to be able to do that -- ATTORNEY ARNSON: Yeah, right. MAYOR DICKEY: -- and such. ATTORNEY ARNSON: I mean, typically what you're going to see with any -- with any government body is they're going to do a procurement for, you know, an outside agency to conduct their inspections, like how we do on -- like, for third-party inspections for certain projects. MAYOR DICKEY: Oh, right. ATTORNEY ARNSON: So it -- I can't imagine it's that different. I just -- maybe there's like a workshare agreement or something like that. So it's possible; I just don't know the answer to the question. MAYOR DICKEY: Mike? COUNCILMEMBER SCHARNOW: Yeah, Madam Mayor, thank you. Along the lines of, you know, changes needed at the State level -- I mean, one of the speakers talked about this initial application form and issues with, you know, aliens applying, that kind of thing, the very loosey-goosey restrictions. Well, again -- that -- when you talk to the State legislature and other folks at the State level, the changes form then. If it's inadequate or you think it's lacking, that's -- you know, that's -- again, this is not a Fountain Hills' forum, it's a State one, so take it up with the State. MAYOR DICKEY: Do you see, do you understand what's happening then here, right? ATTORNEY ARNSON: No. Maybe I can -- MAYOR DICKEY: Enough -- ATTORNEY ARNSON: Maybe I can summarize really quick, and the town manager gave a good suggestion about getting some consensus, whether through a vote or otherwise, before we go and try to figure something -- changing out language on the six and eight, whether it's including staff or not including staff. Include -- so -- include. I see four head nods. So that's -- so if someone wants to try to, you know -- but that's how we'll come back with it. TOWN OF FOUNTAIN HILLS Page 70 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 70 of 80 MAYOR DICKEY: As long as we do the grandfather language and the appeal language. ATTORNEY ARNSON: Yeah. Were you -- you were suggesting have a vote, so we can vote on ordinances -- MANAGER MILLER: Well, it's -- the suggested motion does say, the ordinance that they approved, the amended ordinance, with the -- ATTORNEY ARNSON: Okay. MANAGER MILLER: -- amended -- ATTORNEY ARNSON: I think I understand what the Council's looking for. Do you want me to reiterate so that we're all on the same page? Okay. And then if I'm missing anything, maybe Director Wesley can help us out. Sounds like the consensus is for 1,320-foot distancing requirement; occupancy limits at six for transitional, eight for community residences. That would be including staff in both respects. We didn't discuss this, but something that does -- that staff is recommending need to be re-inserted is the waiver language. It sounds like we have a consensus about insurance requirements, about not including those insurance requirements. It sounds like we have consensus -- at least there was no objection to Councilwoman McMahon's request to remove the last clause of Section 3(B)(8), which doesn't have a material effect on the ordinance. We have a consensus about the inspection requirements, about removing those. And am I missing anything, John? DIRECTOR WESLEY: No. ATTORNEY ARNSON: Yes. Am I -- and am I missing anything, John? And hopefully everyone heard what I just said so I don't have to -- MAYOR DICKEY: The membership of the appeal, the three-person, like, committee, which it's purposely not elected, I think, because I think we're trying to look at a way of getting it real straight, you know, just more of adjustment. It doesn't get straighter than that. ATTORNEY ARNSON: And Mayor, it looks like -- my guess we'll go ahead and include that in the way -- as a provision of the waiver language. MAYOR DICKEY: Is everybody -- was okay with P&Z -- ATTORNEY ARNSON: So -- is everyone okay with that? Okay. MAYOR DICKEY: -- or adjustment. Director? TOWN OF FOUNTAIN HILLS Page 71 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 71 of 80 COUNCILMEMBER MCMAHON: Right. That's what I thought it was. COUNCILMEMBER SPELICH: I think, correct me if I'm wrong. I think we said that it would either be the P&Z chair or, if he's not able to make it, a designee. COUNCILMEMBER MCMAHON: Yeah. COUNCILMEMBER SPELICH: And that would be same with the board of adjustments? ATTORNEY ARNSON: I would assume so, yes. Uh-huh. MAYOR DICKEY: Yes. VICE MAYOR FRIEDEL: And just another note. So we're going to do some follow-up on the insurance, whether -- and also the inspection with whether the State will allow -- ATTORNEY ARNSON: Right. VICE MAYOR FRIEDEL: -- hire us to -- ATTORNEY ARNSON: Yeah. So it -- so it sounds like the consensus is for these requirements to either be modified or removed with the recognition that there's something that probably can and should happen at the State level. So hopefully we can have that as a legislative priority, you know, if that's something the Council chooses to do. MAYOR DICKEY: Okay, thank you. DIRECTOR WESLEY: Mayor, if I may, jump in. The one thing that we really haven't discussed much, but I did bring up it up in the -- it's my presentations. We talked about the legal nonconformities and the possibility of the transfer of a license, that we might add some language into the ordinance that deals with that to make sure that's clear what those rules are, so that would be another piece that we would add in here as we bring this back for your final consideration. If that's agreeable? MAYOR DICKEY: It's the nonconforming use -- the nonconforming -- ATTORNEY ARNSON: Existing facilities. DIRECTOR WESLEY: Yeah, and then to transfer the license. COUNCILMEMBER SPELICH: That the license of the owner would not be transferred -- not transferable? DIRECTOR WESLEY: Right. MAYOR DICKEY: And again, it's -- we are bound to keep people that have -- bought -- they bought their property or they're operating a business under certain zoning, and then TOWN OF FOUNTAIN HILLS Page 72 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 72 of 80 if that zoning gets changed -- this is what happened with parking requirements over by McDonald's, because that was there before any of the zoning was. So that's a nonconforming use, and we are not able to change zoning out from under people that are there. But if a new one should pop up, or a new operator or a new residence, they will know, going forward, that this is the law. Yes, sir? VICE MAYOR FRIEDEL: I have a question. So will the reasonable accommodation review, will that be a public process or will that be behind closed doors, or how is that going to be handled? ATTORNEY ARNSON: I can answer it. Yeah, I don't know that it's necessarily right to say "closed doors". But it's -- yeah, but it's intended to be an administrative process. Generally, as far as I know, I'm not aware of actually one that is a -- like a council process; maybe there is one and I'm not just aware of it. But they are -- generally are administrative processes at a staff level. And in this instance, we happen to be taking it in a hybrid approach, right, with the two Council appointees and then a member of staff that would be your zoning administrator, development services director. COUNCILMEMBER SPELICH: I don't have any issue with it being an administrative process, but by the same token, I think that that administrative process should be open to the -- you know, it should be made public. Not necessarily the hearing itself, but the results and the evidence presented and everything, that would be a matter of public record, correct? Because I'm vehemently opposed if this is done and the public does not know about it. ATTORNEY ARNSON: Right, right. So recognizing that there are certain restrictions on what we can release, on what a public body release, with respect to sober living homes. Like, for example, an address, it's not a matter of public record. I don't have an issue of -- necessarily an issue, if the fact of the proceedings and the outcome of a proceeding is a matter of public record; that's just -- that's just town business. COUNCILMEMBER SPELICH: Right. MAYOR DICKEY: Yeah, do we have like a parallel on that, on if anybody ever asks for, like, say, anything that happens when they want to change zoning or the board of adjustment when -- because they have that criteria, specific criteria, so would they be able to then say, yes, they met this, this, and this, without actually holding it in public? Okay. TOWN OF FOUNTAIN HILLS Page 73 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 73 of 80 ATTORNEY ARNSON: Okay. Uh-huh. Do we need to recess, John, to gather our thoughts for a second? Mayor, is that all right if we recess? MAYOR DICKEY: Yes. We'll do that, and then this way we can wrap it up and actually finish with it tonight. Thank you. (Recess) MAYOR DICKEY: I think we're ready to get rolling again. Before Aaron tells us what he came up with, does Council have any further discussion? Yes, Vice Mayor? VICE MAYOR FRIEDEL: I just want to say that I know Planning and Zoning had looked for a half a mile distance between the two homes, and while I'm encouraged by that, and actually wanted to side with that, in an attempt to get this put to bed, and reach a unanimous decision by this Council, I'm willing to sacrifice that part of it, and go with the 1,320, so. MAYOR DICKEY: Thank you, Vice Mayor. We appreciate that. I think there is a lot of give and take going on here, and we certainly appreciate that from everybody, and your understanding. So how do we want to proceed? ARNSON: So Mayor, the recommendation would be, if I can tell you what sections we're sort of planning to remove, based on the discussion, and what they relate to, and then what minor language we're adding, based on the discussion, and then any Councilmember who wishes to do so can simply say so moved. So you don't have to repeat everything. Does that work? Okay. All right. And by the way, so this is moving to adopt Ordinance Number 22-01, as proposed in the Staff Report, with the following modifications: In Section 5.13(A)(1), change 2,640 feet to 1,320 feet. In Section B(2), remove the last sentence after -- or remove the provision regarding inspections. Subsection B(5), remove Subsection B(5) regarding commercial general liability. And the companion change to that would be in Subsection C(5)(B), to remove that. MAYOR DICKEY: Councilman, you said C? ATTORNEY ARNSON: Uh-huh, C(5)(B). It's on page -- it's under the registration section. I said B, sorry. B, B, B. B, the insurance policy required by B(5), because there is no insurance policy required by B(5) anymore. ATTORNEY ARNSON: Sorry? Oh, I'm sorry. Yes, the changes suggested by TOWN OF FOUNTAIN HILLS Page 74 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 74 of 80 Councilwoman McMahon. Yes. Thank you. Subsection D, in the registration section -- no, Subsection D would be a new section that we discussed regarding the transfer of ownership licenses. It will read any community residence that is in operation as of the adoption of this section shall be considered a legal, nonconforming use consistent with Section 4.01(b) of the zoning ordinance. Any new community residence or residence that is in operation but that transfers ownership shall be subject to the provisions of this section. MAYOR DICKEY: So it's citing existing ordinance? ATTORNEYARNSON: Yeah. MAYOR DICKEY: Perfect. ATTORNEY ARNSON: New Subsection E will be just incorporating the waiver language as proposed previously to P&Z. The only change to that will be to the last section that says the reasonable accommodation committee shall be composed of the town Development Services director, the chair of the Board of Adjustment, or his or her designee, and the chair of the Planning & Zoning Commission, or his or her designee. I want to make sure I didn't miss anything, if you'll give me a second. Oh, the occupancy limits will remain as written because that's as proposed. And then I believe there was, not as a part of the ordinance, but some direction to staff to pursue as a legislative priority or at a State level, some additional tools for either the state or municipalities to use to pursue insurance requirements, etc. And I think we remember that discussion. Is that a -- so that's my statement of what the proposed motion would be based on the discussion that we had. COUNCILMEMBER MCMAHON: Aaron, could you include taking out the violation and penalty section, number 2(A), required insurance? That's in there? Okay. MAYOR DICKEY: I think he did. I think it was all in there. ATTORNEY ARNSON: Oh. COUNCILMEMBER MCMAHON: It's on page 4 -- it's on page 8. ATTORNEY ARNSON: That's actually an additional section, then. MAYOR DICKEY: Yeah, it's in two places. ATTORNEY ARNSON: Okay. We'll make that change administratively. Thank you. MAYOR DICKEY: All right. Any other discussion? Yes, David. TOWN OF FOUNTAIN HILLS Page 75 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 75 of 80 COUNCILMEMBER SPELICH: Thank you, Madam Mayor. I had a good sidebar on recess with State Representative Cavanaugh, who had a very good idea about us possibly approaching the State and entering into an agreement with them as a third party, that we would have their permission to possibly enter into an agreement that we would inspect the facilities on their behalf. So I think that that's definitely something that I would like to see Aaron follow up on with State Rep Cavanaugh on that. And you already stated the insurance thing. I, too, along with Vice Mayor Friedel, would like to have seen the distance to be a little greater than the 1,320, as proposed. I'm for the 1,850. But you know, everybody doesn't always get what they want. So I stuck firm for the fact that the six and the eight, which I believe is a little bit more important than the actual distance. I'm okay with the 1,320, but I'm happy that after having the conversation with the State rep, that I think there's some remedies that we can follow down the road that would help us. So as long as we're in collaboration with him and everything, I think it benefits the Town and the residents. MAYOR DICKEY: And I'm really glad to hear you say that, too, because one of the things that we did forget to mention was the 1,487. And so if we had taken action that any legislator objected to, you know, regardless of what the motivation was, they could also put this all back on State-shared revenue and things like that. So we try to comply with as much as we can, and still do the things that the communities would like us to do, and what we want to do, too. But that was just another risk that's there with pretty much anything we do. So to know that you're talking to John like that is great. COUNCILMEMBER SPELICH: And just to follow up, I cannot put into words how grateful I am for all the residents. I mean, you guys put in hundreds of hours in researching this, sending us emails, sending us case law. Hats off to the residents. I know it gets tiresome that you guys constantly have to fight with us. I didn't need Mr. Meyers to bring up Daybreak or permanent primary property tax or all of the other things that you guys have fought us on. And I just really appreciate the residents. I appreciate town staff for all the work. John Leslie (ph.), I know I mess with him a lot but he did put his heart and soul into this. Jane Bell herself said that she appreciated what he had did (sic). And we put a lot of thought into this. So I know everybody's not going to be happy. I'm expecting that. But I think it's the best of what we could accomplish this TOWN OF FOUNTAIN HILLS Page 76 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 76 of 80 evening. So thank you very much to the residents and the Town staff, and to you, Aaron, and thanks. MAYOR DICKEY: I appreciate that, David. A lot. And since we did bring up Daybreak, and those things were in the past, other councils, we all had different opinions on everything, so there's nothing aligning here. We're just doing the best we can to navigate this. Would somebody like to make a motion? COUNCILMEMBER MCMAHON: So move to adopt Ordinance 22-01, including the amendments as discussed with the council this evening. MAYOR DICKEY: Thank you. VICE MAYOR FRIEDEL: Second. MAYOR DICKEY: Thank you. All those in favor, please say aye. Aye. Any opposed? COUNCILMEMBER SCHARNOW: Nay. MAYOR DICKEY: Thank you. I think you got that, Liz. Okay. All right. Thank you very much, everyone. We'll move on to our next item, which is Maricopa County Animal Care and Control. MANAGER MILLER: Mayor and Council, due to the late hour, we'll be very brief on our remarks, but Community Services Director Rachael Goodwin will give a brief report on this item before you. GOODWIN: Yes, brief being the key word here. So as many of you know, we have an existing agreement with Maricopa County Animal Control to enforce and implement our needs in regards to animal care, whether that's stray dogs, whether that's assistance with officer needs in terms of MCSO, sick animals, stray animals, all of those types of things. So they are our provider. This is a quick look at what they provide for us. So this is just a quick, bulleted list of all of the different things that they do for us. They also are our shelter services, so when they have a stray dog or a dog submitted or a dog turned in and surrendered, they also serve as our shelter facility. The contract amount is just shy of $32,000. The previous contract was $30,318. This is a new formula that they've implemented, which is why we need to redo our IGA with them. I know there was some questions about what their enforcement has been over the last year or so. These stats are from our January 1st through March 31st quarterly bill. This gives you just an idea of the different things that they've assisted with here in Fountain Hills. TOWN OF FOUNTAIN HILLS Page 77 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 77 of 80 MAYOR DICKEY: Do they do anything with wild animals? DIRECTOR GOODWIN: They do not. They are not the resource for that. We either work with Game and Fish or other resources for wild animals. MAYOR DICKEY: Okay. And I'm seeing the leash law thing, and just to say it out loud, you know, we have leash laws in town, and these are the folks that enforce it. DIRECTOR GOODWIN: Correct. MAYOR DICKEY: Thank you. Yes, sir? COUNCILMEMBER SPELICH: Thank you, Madam Mayor. I'll make it quick, I know everybody wants to go. Rachael, how often are they here? Because January to March, I'm sorry, that activity isn't blowing me away. DIRECTOR GOODWIN: Um-hum. So again, everything from trips out that we -- so we have them on an as-needed, called basis. So they only come when there is an issue that they are called out for. Most of that is what you're seeing here. We also have what we call -- ten scheduled sweeps that we schedule with them throughout the season. And that's when they come out and actively patrol in our parks for roughly six hours each sweep. So we have ten of those throughout the year, throughout the calendar year. COUNCILMEMBER SPELICH: Okay. Would you keep the Council informed of their activity? DIRECTOR GOODWIN: Yeah. COUNCILMEMBER SPELICH: Like I said, I was -- I have been preaching about wanting to know what code enforcement does. We've put a lot of money into code enforcement. Now we're putting $30,000 into this. I want the residents to know that the money that we're spending of their tax dollars is beneficial. DIRECTOR GOODWIN: Absolutely. COUNCILMEMBER SPELICH: Thank you. MAYOR DICKEY: Grady? MANAGER MILLER: I just wanted to just chime in. For many years, what you see before you was mostly just the shelter services. And then the council wanted us to step up the enforcement. And so the enforcement added additional costs. So -- but the base contract that we have is mostly for the shelter, and just the routine services that they come out. So it's the additional -- was it two years ago? Three years ago? -- that we TOWN OF FOUNTAIN HILLS Page 78 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 78 of 80 started stepping up with the additional sweeps. DIRECTOR GOODWIN: Correct, and then -- MANAGER MILLER: Because of complaints we had from residents. DIRECTOR GOODWIN: Right. And they were unable to do those during COVID. They didn't have the resources and the means to do so. And then this past year, this past fiscal year, we stepped those up more actively again during our high seasons. They were, other than us just giving them some direction of which parks to, you know -- hit this park and this park, take a look over here, this is where we're getting the most complaints from our residents -- there's not a lot of activity. Originally they took a stance of trying to educate, and say hey, this is a warning, you need to make sure that you have your dogs on a leash. At the first of the year, we kind of said hey, we've had enough of the warning situation, we need to go ahead and start enforcement. So that's what you're seeing here. You can kind of see that they had 29 leash law violations out at our parks on these. So that was through that quarter. And that they've had ten fines paid and seven currently outstanding. MANAGER MILLER: And if I could just touch upon Councilmember Spelich's comment about the -- having more transparency on reports. I did meet with the Development Services director today, and he did show me a report that we're going to start sharing with the Council, showing activities for code enforcement. So I think this is a good suggestion, and we should probably do maybe a semiannual report on the animal control activity. DIRECTOR GOODWIN: Great. MAYOR DICKEY: Thank you. So the $31,000 includes all the shelters stuff. Okay, thanks. Any speaker cards? Like to make a motion? VICE MAYOR FRIEDEL: I'm just curious how that breaks down by park. DIRECTOR GOODWIN: I don't have it by park. I could probably reach out to get that from them. Oh, yeah. MAYOR DICKEY: Thank you. Could I get a motion? VICE MAYOR FRIEDEL: Move to adopt resolution 2022-11. COUNCILMEMBER GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say aye. Aye. Any opposed? TOWN OF FOUNTAIN HILLS Page 79 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 79 of 80 Thank you very much. Our next item is about Maricopa County again, flood control. MANAGER MILLER: So I'll have Justin DIRECTOR WELDY, our Public Works director, give the presentation on this. DIRECTOR WELDY: Thank you. Madam Mayor, Councilmembers. We come before you tonight to ask for your consideration in approving an amendment to an IGA to move it out further. Brief story, this is directly related to the storm events in Golden Eagle Park in the impoundment area in 2018 and '19. A grant was received from Maricopa County Flood Control. Obviously we're not at the point where we can begin to spend the majority of their money. We're hoping to be there early next fiscal year. With that said, we need to amend this so we can continue to bill them for the services that are rendered related to the project. If you have any questions, I'll do my best to answer. MAYOR DICKEY: Any questions? No? Speaker regards? Motion, page 218? COUNCILMEMBER GRZYBOWSKI: Move to adopt Resolution 2022-017. COUNCILMEMBER MAGAZINE: Second. MAYOR DICKEY: Thank you all. In favor, please say aye. Aye. Any opposed? Thank you. Thank you, Justin. DIRECTOR WELDY: You're welcome. MAYOR DICKEY: We skipped the next one because we put that off. And then the legislature -- Sharron, did you have anything to say about that? No? You were on the call. COUNCILMEMBER GRZYBOWSKI: I was on the call. MAYOR DICKEY: All right. Well, we have issues. MAYOR DICKEY: I know. Well, just one I want to mention because it's a new one, and the ADOT omnibus bill is being held up due to somebody, I'm not sure who, but they want to make it so that towns can't regulate truck traffic. So basically city -- or the Town, City of Litchfield Park -- they just implemented, it was supposed to go into effect two days ago, where they have an area of town where the big trucks can't go through. They now are being opposed with that, the Arizona Trucking Association, and also truckers. So it does -- cities would have to have a diagram that indicates that the truck could not use those roads safely. So I don't think it can just be about weight or you don't want a big concrete truck going in certain areas. TOWN OF FOUNTAIN HILLS Page 80 of 80 MAY 3, 2022 REGULAR TOWN COUNCIL MEETING Page 80 of 80 MAYOR DICKEY: Well, yeah. So anyway, this is kind of one of the new things, and the City of Avondale provides police protection for Litchfield Park, and they were supposed to start doing that yesterday but it's all on hold. And there's a bunch of other things that aren't good. All right. COUNCILMEMBER SPELICH: Motion to adjourn. COUNCILMEMBER MAGAZINE: Second. MAYOR DICKEY: Okay. [LAUGHTER] MAYOR DICKEY: All those in favor. ALL: Aye. MAYOR DICKEY: Thank you. Good night. ITEM 7. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Administration Prepared by: Amanda Jacobs, Economic Development Director Staff Contact Information: Amanda Jacobs, Economic Development Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION:  Resolution 2022-27 designating the Town's Economic Development Department/Tourism Division as the Destination Marketing Organization (DMO) and approving the Town Manager as the authorized signatory for the Arizona Office of Tourism. Staff Summary (background) The Town of Fountain Hills has partnered directly with the Arizona Office of Tourism (AOT) for various tourism marketing and promotion efforts since January 1, 2014. The AOT has funded various projects over the years, including magazine and airport advertising as well as production of the Town's Visitors Guides. The Town, per AOT policy, serves as the Designated Agency for the purpose of establishing the official Destination Marketing Organization (DMO) for the community. The AOT implemented a new policy by which the Designated Agency (the Town) must take action on an annual basis establishing the Destination Marketing Organization (DMO) for the Town. This process helps to ensure that the AOT is working with the proper agency on tourism marketing efforts, including the award of grant funding. In addition to the process of establishing the Town's DMO, the AOT's new policy also requires the organization to identify an authorized signatory. Resolution 2022-27 establishes the Town's Economic Development Department/Tourism Division as the DMO for the AOT and the Town Manager as the authorized signatory for the DMO.   Related Ordinance, Policy or Guiding Principle - Town of Fountain Hills Grant Policy - 2022 Town of Fountain Hills Strategic Plan, Promote the long-term financial health and stability of the Town. Risk Analysis If Town Council action is not taken it could result in the Town not receiving AOT grant funding during FY2022-23.   Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2022-27 designating the Town's Economic Development Department/Tourism Division as the Destination Marketing Organization (DMO) for the Town and establishing the Town Manager as the authorized signatory.  SUGGESTED MOTION MOVE to adopt Resolution 2022-27. Attachments Res 2022-27  Form Review Inbox Reviewed By Date Finance Director David Pock 05/05/2022 08:12 AM Town Attorney Aaron D. Arnson 05/05/2022 09:40 AM Town Manager Grady E. Miller 05/05/2022 04:16 PM Form Started By: Amanda Jacobs Started On: 05/02/2022 02:26 PM Final Approval Date: 05/05/2022  RESOLUTION 2022-27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE TOWN’S TOURISM DIVISION/EXPERIENCE FOUNTAIN HILLS AS THE DESTINATION MARKETING ORGANIZATION FOR THE TOWN AND APPOINTING THE TOWN MANAGER AS THE AUTHORIZED SIGANTORY FOR THE ORGANIZATION RECITALS: WHEREAS, the Town of Fountain Hills (the Town) has partnered directly with the Arizona Office of Tourism (AOT) for various tourism marketing and promotion efforts since January 1, 2014; and WHEREAS, the Town serves as the Designated Agency per AOT for the purpose of designating the official Destination Marketing Organization (DMO) for the Town; and WHEREAS, AOT requires the Designated Agency to annually establish a DMO in the Town and to identify an authorized signatory. ENACTMENTS: NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Town’s Tourism Division/Experience Fountain Hills is hereby designated as the Destination Marketing Organization (DMO) for the Town. SECTION 2. The Town Manager is hereby appointed as the authorized signatory for the DMO. SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 17th day of May 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ______________________________ ______________________________ Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ______________________________ ______________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney ITEM 7. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Consent Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION:  Approval of the Final Condominium Plat for Motor Vault Fountain Hills Luxury Garages, a 31 Unit condominium subdivision at 11843 N. Desert Vista Drive (northeast corner of Desert Vista and Saxon). Case #FNP22-000001 Staff Summary (Background) The area that is the subject of the condominium plat was first subdivided in 1972 as Block 2 of Plat 302. The block was divided into three lots. Initial development on the property was a medical clinic/hospital, including a helipad.  Subsequently the property has been used as a church and for storage.  The building has not been actively used for many years.  In 2016 the property was rezoned from C-1 to C-3 to allow for development of a mini-storage facility. The current owner of the property has processed and received approval of a site plan for a 31-bay RV storage facility.  The development will include a common area for group activities for the owners of the facility. The property owner has proposed this condominium plat for the development so individuals can purchase a unit to use for their vehicle storage purposes.  Staff has reviewed the plat and the associated declarations.   Related Ordinance, Policy or Guiding Principle Subdivision Ordinance Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A N/A Staff Recommendation(s) Staff recommends approval of the Final Condominium Plat for Fountain Hills Motor Vault Garage. SUGGESTED MOTION MOVE to the Final Condominium Plat for Fountain Hills Motor Vault Garage Attachments Vicinity Map  Motor Vault Plat  Site Plan  Color Elevations  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 05/04/2022 01:49 PM Form Started By: John Wesley Started On: 05/03/2022 02:40 PM Final Approval Date: 05/04/2022  BEELINE H W Y SHEA BLVDPALISADES BLVDSAGUARO BLVD SAGUARO BLVDPALISA D E S B L V D PALISAD E S B L V D SA G U A R O B L V DFOUNTAIN HILLS BLVDMcDOWELL MO U N T A I N R D FOUN TA IN H I L L S B LV D EL L A G O B L V D AVENU E O F T H E FOUNT A I N S PANORAMA DRFIREROCK COUNTRYCLUB DR GRANDE BLV D G O L D E N E A G L E B L V D E AG L E R I D G E D R TIO G A D R DESERTVISTAVICINITY MAP TOWN OF FOUNTAIN HILLS NORTH SCALE: 1" = 3500' All that is A r izonaFOUN T A IN HIL L S TOWN OFINC. 1989TOWN HALL DEVELOPMENT SERVICES DEPARTMENT SCOTTSDALE McDOWELL MOUNTAIN PARK FORT McDOWELL YAVAPAI NATIONSALT RIVER PIMA MARICOPA INDIAN COMMUNITY TOWN BOUNDARY SCOTTSDALE Motor Vault Condo Plat FNP22-000001 Map Date: 5/4/2022 NORTH ITEM 8. A. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Elizabeth A. Klein, Town Clerk Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Appointment to the Strategic Planning Advisory Commission. Staff Summary (Background) After the recent appointments to several boards/commissions of the Town on April 19, 2022, a member of the Strategic Planning Advisory Commission resigned, with his term to expire in April 2023. As is authorized by the recent changes to the Rules of Procedure regarding Board/Commission appointments, a recommendation has been made to Mayor Dickey from those recently interviewed.  Related Ordinance, Policy or Guiding Principle Chapter 2A of the Town Code Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) Recommendations to the Mayor have been made by the Council Subcommittee. Staff Recommendation(s) Make appointment to the Strategic Planning Advisory Commission as recommended. SUGGESTED MOTION MOVE to appoint __________ to the Strategic Planning Advisory Commission, term expiring April 2023. Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 05/05/2022 04:42 PM Form Started By: Elizabeth A. Klein Started On: 05/05/2022 04:24 PM Final Approval Date: 05/05/2022  Final Approval Date: 05/05/2022  ITEM 8. B. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Community Services Prepared by: Patti Lopuszanski, Executive Assistant Staff Contact Information: Rachael Goodwin, Community Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-24 adopting the Fee Reduction and Waiver Policy. Staff Summary (Background) The Town of Fountain Hills has established the Fee Reduction and Waiver Policy to provide a uniform set of guidelines regarding requests for reduced or no-cost use of town resources, properties, or adopted fees. The Town recognizes the value of partnering with community agencies and organizations to provide services that benefit our community and residents. To support these organizations while balancing cost recovery efforts and resource management, the following policy and guidelines have been established. Community Center Background and Recommendations The Community Center offers space for a multitude of community programs. It serves as a recreation center, senior service center, meeting facility, performance venue, event space, exhibit hall, and more. Many local and regional groups use the facility as their hub, hosting meetings, social gatherings, etc. Over time the number of fee waivers within the facility has increased, through the expanded scope of the users or increased time requested for events. This increased demand has placed a burden on the resources of the Community Center including operational staff time, space availability, as well as direct costs incurred.  Upon staff review and Council direction, the following Fee Reduction and Waiver policy is proposed in regard to the Community Center:   All Fountain Hills-based non-profit groups are eligible for a 50% fee reduction from the current residential/non-profit rates. A/V equipment will be available for local non-profit group use at no additional cost. Classroom space will be reservable after 2 pm on weekdays and must adhere to the Community Center's hours of operation. Reservation start and end times must be accounted for in their entirety, including any pre-or post-time necessary for set up, clean up, catering needs, etc.   Weekend reservations require a minimum of two ballrooms with a minimum of four-hour rental time  Reservations can be made up to six months in advance and are subject to availability.  Proof of non-profit status will be required for all groups seeking fee reductions.  It is recognized that many groups will be impacted by these changes and staff will make every attempt to work with our user groups to ensure a well-informed transitions process. Staff will work with groups to help minimize disruptions to the dates and times they have traditionally held. In some exceptional circumstances, programs that serve an altruistic, essential mission or enhance the programs offered within the community center will be permitted at no cost. Use Agreement Exceptions: The long-standing relationship between the Fountain Hills Cultural and Civic Association (FHCCA) and the Town are important to note. While User Agreements should be limited to exceptional circumstances, the numerous partnership programs that exist between the Town and FHCCA make this an appropriate option. It is recommended that an agreement be drafted that outlines a mutually beneficial use plan that identifies partner programs (such as the Dark Skies Festival and Bingo), reduces weekend ballrooms use to two complimentary weekends, and limits weekday use to off-peak hours after 4 pm.  Special Events Background and Recommendations Special events are a beloved part of the Fountain Hills community. Events serve as a gathering point as well as a tourism draw for the community. However, events within town parks and downtown areas are costly in terms of staff time, resources, and impact. Extensive preparation work, as well as clean-up efforts, often fall to staff to ensure the public spaces are ready for daily use following events. Fees for use of public spaces are just a portion of the financial burden of producing events. Costs for road closures including MCSO deputies, electrical and water access, damage to turf, roadways, and above/ below grade infrastructure are other costs that are often absorbed by the town. Special events bring value and positive impacts to the community, however, fee waivers should be considered only in rare circumstances.  Upon staff review and Council direction, the following Fee Reduction and Waiver policy is proposed in regard to Special Events:   All Fountain Hills-based non-profit groups are eligible for a 50% fee reduction from the current residential/non-profit rates.  Fees for direct costs including MCSO support, road closure implementation, logistic items such as restrooms, lights, fencing, etc., are not eligible for waivers.   Reservation start and end times must be accounted for in their entirety, including any pre-or post-time necessary for setting up or clean up, vendor set up, logistic deliveries, etc.  All events, regardless of fee waivers, must submit a Special Event Application for review. The application must meet all Town requirements including established deadlines, layout plans, insurance certificates, traffic control plans, etc.  Town permit fees or damage deposits are not eligible for fee waivers. Proof of 501-C3 status required for all organizations requesting fee reductions.  As with the Community Center, it is recognized that many groups will be impacted by these changes and staff will work with user groups to ensure understanding of the fee waiver policy.  Chamber of Commerce Use Agreement : Pending Town Council adoption of the recommended Fee Reductions and Waiver Policy, the previous Fee Waiver Policy encompassing "Legacy Events" will no longer apply.  This will affect the Fountain Festival of Arts and Crafts, The Fine Arts and Craft Show, and the Oktoberfest, all of which are produced by the Fountain Hills Chamber of Commerce. Because this exception basis will no longer apply, a separate User Agreement has been drafted for consideration between the Town and the Chamber.  The Chamber of Commerce User agreement includes an outline of mutually beneficial partnership programs, events, and services provided by both organizations and the deliverables, scope, and reciprocity of each. Related Ordinance, Policy or Guiding Principle Naming Rights and Sponsorship Policy. Risk Analysis Fee waivers for the Community Center and Special Events space create direct and indirect costs not allocated within departmental budgets and potential equity and fairness issues for different user groups that pay different user fees for the same level of service. Recommendation(s) by Board(s) or Commission(s) Community Services Advisory Commission (CSAC) approved the Fee Waiver Policy at their April 25, 2022 meeting.  Staff Recommendation(s) Staff recommends approval of Resolution 2022-24 adopting the Fee Waiver Policy. SUGGESTED MOTION MOVE to approve Resolution 2022-24. Attachments Fee Waiver Policy  Res 2022-24  Form Review Inbox Reviewed By Date Community Services Director Rachael Goodwin 05/05/2022 09:08 AM Finance Director David Pock 05/05/2022 03:45 PM Town Attorney Aaron D. Arnson 05/05/2022 03:49 PM Town Manager Grady E. Miller 05/05/2022 04:15 PM Form Started By: Patti Lopuszanski Started On: 04/14/2022 03:25 PM Final Approval Date: 05/05/2022  DRAFT: Fee Reduction and Waiver Policy The Town of Fountain Hills has established the Fee Reduction and Waiver Policy to provide a uniform set of guidelines regarding requests for reduced or no-cost use of Town resources, properties, or adopted fees. The Town recognizes the value of partnering with community agencies and organizations to provide services that benefit our community and residents. In an effort to support these organizations while balancing cost recovery efforts and resource management, the following policy and guidelines have been established. 1. This policy shall establish the guidelines, criteria, and process for reducing or waiving fees for all Town-owned facilities and properties as well as all fees as adopted in the annual fee schedule. 2. The Town Council shall have the final authority to amend this policy at their discretion. Fee Reduction Eligibility Recognizing that many not-for-profit groups operate in Fountain Hills and provide significant services to their members and our community, groups meeting the following criteria are eligible for a 50% fee reduction for rental costs. 1. All Fountain Hills-based non-profit groups may receive a 50% fee reduction. Confirmation of non- profit status as well locality within Fountain Hills must be provided. 2. Eligible fees include rental costs, open space fees, classrooms, ballrooms, or other facility costs. Permit and staffing fees including application, alcohol, etc. are not eligible for reductions. 3. Receipt of fee reductions does not absolve recipients from following permitting procedures or obtaining necessary permits, approvals, or agreements. Insurance certificates and other contractual requirements will be required. 4. Full fee waivers will not be allocated for standard rental or event use. Full waivers will be considered under very exceptional circumstances and require Council authorization to preserve impartiality, clarity, and consistency for all. 5. All approved exceptions shall be outlined in a User Agreement or other documentation where terms, conditions, timelines, and deliverables are specifically noted. Community Center Guidelines The Community Center is a popular location for meetings, events, presentations, performances, and more. While this facility is a public resource and supports many community functions, use must be balanced with Town functions, senior and recreational programming, as well as private rentals and events. Therefore the following guidelines shall apply to all fee reduction requests within the Community Center: 1. All applicants must meet the mandatory eligibility requirements, including locally based non- profit status. 2. Reservation start and end times must be accounted for in their entirety, including any pre-or post- time necessary for set up, clean up, catering needs, etc. 3. Classroom space requests will be available after 2 pm on weekdays (Monday – Thursday) and follow Community Center hours of operation. 4. Weekend (Friday and Saturday) reservations require a minimum of two ballrooms with a minimum of four-hour rental time. 5. Sunday reservations must be in conjunction with a multi-day rental. 6. Requests for multiple rooms must account for all rooms needed within the submitted timeline. 7. Reservations may be made up to six months in advance, adhere to hours of operation, and are subject to availability. 8. Approval of reservation dates/times does not guarantee future or annual availability. 9. A/V equipment, as available, will be offered at no additional fee. Large items including staging, dance floor, etc. are not eligible for fee reductions. 10. All other deposits, fees, permits, and deadlines shall apply. Special Event Guidelines The Town of Fountain Hills is an event-friendly community and is host to numerous events throughout the year. Fountain Park, Avenue Linear Park, Centennial Circle, as well as other parks, roadways, and public spaces, serve as venues for festivals, races, parades, concerts, celebrations, displays, and more. Many organizations host events to raise funds or support projects and request discounts for Town costs. In an effort to balance the active event schedule and the demand for space and resources, the following guidelines are in place for Special Event fee reductions: 1. All applicants must meet the mandatory eligibility requirements, including locally based non- profit status. 2. Fees for direct costs including MCSO support, road closure implementation, and logistic items (such as restrooms, lights, fencing, etc.) are not eligible for waivers. 3. Reservation start and end times must be accounted for in their entirety, including any pre-or post- time necessary for setting up or clean up, vendor set up, logistic deliveries, etc. 4. All events, regardless of fee waivers, must submit a Special Event Application for review. The application must meet all Town requirements including established deadlines, layout plans, insurance certificates, traffic control plans, etc. 5. Town permit fees or damage deposits are not eligible for fee waivers. 6. All events are subject to availability and review by the Special Events Committee. Approval of reservation dates/times does not guarantee future or annual availability. 7. All other deposits, fees, permits, and deadlines shall apply. RESOLUTION NO. 2022-24 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, MARICOPA COUNTY, ARIZONA, APPROVING THE TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL FEE WAIVER POLICY RECITALS: WHEREAS, following directions received from the Town Council on Tuesday, February 15, 2022, staff developed the Fee Reduction and Waiver Policy, providing a uniform set of guidelines regarding requests for reduced-cost use of Town resources, properties, or adopted fees. WHEREAS, the proposed policy provides an equitable means for organizers to apply for fee reductions and to establish mutually beneficial partnerships between the Town and the community. WHEREAS, the Fountain Hills Town Council voted unanimously on May 17, 2022 to approve said policy, and now wishes to formalize it through the adoption of this resolution. ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS that the Fee Waiver Policy, attached hereto as Exhibit A, is hereby adopted. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 17th day of May 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney EXHIBIT A Fee Reduction and Waiver Policy The Town of Fountain Hills has established the Fee Reduction and Waiver Policy to provide a uniform set of guidelines regarding requests for reduced-cost use of Town resources, properties, or adopted fees. The Town recognizes the value of partnering with community agencies and organizations to provide services that benefit our community and residents. In an effort to support these organizations while balancing cost recovery efforts and resource management, the following policy and guidelines have been established. 1. This policy shall establish the guidelines, criteria, and process for reducing or waiving fees for all Town-owned facilities and properties as well as all fees as adopted in the annual fee schedule. 2. The Town Council shall have the final authority to amend this policy at their discretion. Fee Reduction Eligibility Recognizing that many not-for-profit groups operate in Fountain Hills and provide significant services to their members and our community, groups meeting the following criteria are eligible for a 50% fee reduction for rental costs. 1. All Fountain Hills-based non-profit groups may receive a 50% fee reduction. Confirmation of non-profit status as well locality within Fountain Hills must be provided. 2. Eligible fees include rental costs, open space fees, classrooms, ballrooms, or other facility costs. Permit and staffing fees including application, alcohol, etc. are not eligible for reductions. 3. Receipt of fee reductions does not absolve recipients from following permitting procedures or obtaining necessary permits, approvals, or agreements. Insurance certificates and other contractual requirements will be required. 4. Full fee waivers will not be allocated for standard rental or event use. Full waivers will be considered under very exceptional circumstances and require Council authorization to preserve impartiality, clarity, and consistency for all. 5. All approved exceptions shall be outlined in a User Agreement or other documentation where terms, conditions, timelines, and deliverables are specifically noted. Community Center Guidelines The Community Center is a popular location for meetings, events, presentations, performances, and more. While this facility is a public resource and supports many community functions, use must be balanced with Town functions, senior and recreational programming, as well as private rentals and events. Therefore the following guidelines shall apply to all fee reduction requests within the Community Center: 1. All applicants must meet the mandatory eligibility requirements, including locally based non- profit status. 2. Reservation start and end times must be accounted for in their entirety, including any pre-or post-time necessary for set up, clean up, catering needs, etc. 3. Classroom space requests will be available after 2 pm on weekdays (Monday – Thursday) and follow Community Center hours of operation. 4. Weekend (Friday and Saturday) reservations require a minimum of two ballrooms with a minimum of four-hour rental time. 5. Sunday reservations must be in conjunction with a multi-day rental. 6. Requests for multiple rooms must account for all rooms needed within the submitted timeline. 7. Reservations may be made up to six months in advance, adhere to hours of operation, and are subject to availability. 8. Approval of reservation dates/times does not guarantee future or annual availability. 9. A/V equipment, as available, will be offered at no additional fee. Large items including staging, dance floor, etc. are not eligible for fee reductions. 10. All other deposits, fees, permits, and deadlines shall apply. Special Event Guidelines The Town of Fountain Hills is an event-friendly community and is host to numerous events throughout the year. Fountain Park, Avenue Linear Park, Centennial Circle, as well as other parks, roadways, and public spaces, serve as venues for festivals, races, parades, concerts, celebrations, displays, and more. Many organizations host events to raise funds or support projects and request discounts for Town costs. In an effort to balance the active event schedule and the demand fo r space and resources, the following guidelines are in place for Special Event fee reductions: 1. All applicants must meet the mandatory eligibility requirements, including locally based non- profit status. 2. Fees for direct costs including MCSO support, road closure implementation, and logistic items (such as restrooms, lights, fencing, etc.) are not eligible for waivers. 3. Reservation start and end times must be accounted for in their entirety, including any pre-or post-time necessary for setting up or clean up, vendor set up, logistic deliveries, etc. 4. All events, regardless of fee waivers, must submit a Special Event Application for review. The application must meet all Town requirements including established deadlines, layout plans, insurance certificates, traffic control plans, etc. 5. Town permit fees or damage deposits are not eligible for fee waivers. 6. All events are subject to availability and review by the Special Events Committee. Approval of reservation dates/times does not guarantee future or annual availability. 7. All other deposits, fees, permits, and deadlines shall apply. ITEM 8. C. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving  Professional Services Agreement 2022-075 with M. R. Tanner Development and Construction, Inc. for Pavement Preservation Treatments. Staff Summary (Background) The Public Works Department is continuously working to improve and maintain the town’s roadway network. The current roadway network consists of approximately 162 lane miles, totaling 390 centerline miles of roadways encompassing over 3.6M square yards of asphalt. It is estimated that the average complete replacement cost for a major roadway is between $3.2-$3.5 million per mile.  Given the high costs of reconstruction, it is imperative to maintain and extend the life of the existing pavement surface to the maximum extent possible. Seal coating will save real dollars by applying the correct treatment at the right time. In order to effectively utilize the Town’s limited street maintenance budget, staff released a Request for Proposals (RFP) on March 9, 2022, for Pavement Preservation services for the Shea Blvd Pavement Area (Scottsdale to Maricopa County) and the Saguaro Blvd Pavement Area (Shea to FHB).  The objective of the Request for Proposals was to secure an agreement with a company capable of delivering comprehensive pavement preservation solutions, and ultimately, save the Town time and money. Two Pavement Specialty companies responded to the request for proposals. M. R. Tanner Development & Construction, LLC and VSS International, Inc. The proposals were reviewed by a four-member committee with staff from the Public Works Department. The focus of the proposal was to provide the Town with a broad range of pavement sealing products to choose from, based on the submittals from qualified Pavement Specialty companies with firsthand knowledge of current products, management resources, capabilities and assets necessary to meet the Town pavement preservation needs. The submittals were reviewed by the committee using pre-established criteria including experience, pricing and available resources. Based on the scoring criteria, the committee selected M. R. Tanner Development & Construction, LLC, for the contract award. The amount of the agreement is $1,400,000. Related Ordinance, Policy or Guiding Principle Pavement Management best practices. Risk Analysis Failure to approve the contract for Pavement Preservation will delay projects and result in higher pricing. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends the approval of Professional Services Agreement 2022-075 with M. R. Tanner Development and Construction, Inc. for Pavement Preservation Treatments. SUGGESTED MOTION MOVE to approve Professional Services Agreement 2022-075 with M. R. Tanner Development and Construction, LLC. for Pavement Preservation Treatments in the amount of $1,400,000 Fiscal Impact Fiscal Impact:$1,400,000 Budget Reference:Page 208 Funding Source:HURF If Multiple Funds utilized, list here:N/A Budgeted: if No, attach Budget Adjustment Form:N/A Attachments Professional Services Agreement  Request for Proposals  Proposal  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 05/04/2022 01:51 PM Finance Director David Pock 05/05/2022 08:10 AM Town Attorney Aaron D. Arnson 05/05/2022 09:40 AM Town Manager Grady E. Miller 05/05/2022 04:41 PM Form Started By: Justin Weldy Started On: 04/27/2022 07:47 AM Final Approval Date: 05/05/2022  1 Contract No. 2022-075 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND M.R. TANNER DEVELOPMENT & CONSTRUCTION, LLC THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered into as of May 17, 2022, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and M.R. Tanner Development & Construction, LLC, a(n) Arizona limited liability company (the “Vendor”). RECITALS A. The Town issued a Request for Proposals, RFP No. 2021-RFP-014 (the “RFP”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing Pavement Maintenance at Saguaro and Shea Blvd. for the Town (the “Services”). B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C. The Town desires to enter into an Agreement with the Vendor to perform the Services, as set forth below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Vendor hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until June 30, 2023. 2. Scope of Work. Vendor shall provide the Services as set forth in the Proposal attached hereto as Exhibit A and incorporated herein by reference. 3. Compensation. The Town shall pay the Vendor an amount not to exceed $1,400,000, at the rates set forth in the Fee Proposal attached hereto as Exhibit A and incorporated herein by reference. 4. Payments. The Town shall pay the Vendor monthly (and the Vendor shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each 2 invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. Vendor Personnel. Vendor shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Vendor agrees to assign specific individuals to key positions. If deemed qualified, the Vendor is encouraged to hire Town residents to fill vacant positions at all levels. Vendor agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Vendor shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Vendor’s performance. The Vendor shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Vendor shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Vendor, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Vendor. 9. Performance Warranty. Vendor warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Vendor shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Vendor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 3 11.1 General. A. Insurer Qualifications. Without limiting any obligations or liabilities of Vendor, Vendor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Vendor. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Vendor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. C. Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E. Primary Insurance. Vendor’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and 4 employees for any claims arising out of the work or services of Vendor. Vendor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Vendor shall be solely responsible for any such deductible or self-insured retention amount. I. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Vendor shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Vendor. Vendor shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Vendor will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of the insurance policies as required by this Agreement, issued by Vendor’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Vendor’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. 5 (b) Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2) Vendor’s insurance shall be primary insurance with respect to performance of this Agreement. (3) All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Vendor under this Agreement. (4) ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A. Commercial General Liability. Vendor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B. Vehicle Liability. Vendor shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Vendor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent 6 allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Vendor engages in any professional services or work in any way related to performing the work under this Agreement, the Vendor shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Vendor, or anyone employed by the Vendor, or anyone for whose negligent acts, mistakes, errors and omissions the Vendor is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D. Workers’ Compensation Insurance. Vendor shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Vendor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12. Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Vendor shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 7 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Vendor in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Vendor for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Vendor to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Vendor, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Vendor or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Vendor fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Vendor shall be relieved of any subsequent obligation under this Agreement. 13. Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Vendor acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Vendor, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Vendor, and not the Town, shall determine the time of its performance of the services provided under this 8 Agreement so long as Vendor meets the requirements as agreed in Section 2 above and in Exhibit A. Vendor is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Vendor do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Vendor shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Vendor is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Vendor. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Vendor without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Vendor in violation of this provision shall be a breach of this Agreement by Vendor. 9 13.9 Subcontracts. No subcontract shall be entered into by the Vendor with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Vendor is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Vendor. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Vendor from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A. Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B. Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Vendor any amounts Vendor owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager 10 With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Vendor: M.R. Tanner Development & Construction, LLC 1327 W. San Pedro St. Gilbert, Az. 85233 Attn: Eric Marsh or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Vendor shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Vendor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Vendor as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Vendor and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Vendor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Vendor’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Vendor’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Vendor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its 11 subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Vendor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Vendor or its subcontractors reasonable advance notice of intended audits. Vendor shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Vendor and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Vendor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Vendor certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGES] 2021-RFP-014 REQUEST FOR PROPOSALS PAVEMENT MAINTENANCE--SAGUARO BLVD. AND SHEA BLVD. The Town of Fountain Hills Admin-Procurement 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RELEASE DATE: March 9, 2022 DEADLINE FOR QUESTIONS: April 11, 2022 RESPONSE DEADLINE: April 26, 2022, 5:00 pm Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 2 Town of Fountain Hills REQUEST FOR PROPOSALS Pavement Maintenance--Saguaro Blvd. and Shea Blvd. I. Introduction .......................................................................................... II. Scope of Work ...................................................................................... III. RFP Submission Process ........................................................................ IV. Evaluation Criteria ................................................................................ V. Evaluation and Award Process .............................................................. VI. Terms and Conditions ........................................................................... VII. Vendor Questionnaire........................................................................... Attachments: A - Fountain Hills PSA Sample 8-12-2021 B - Ex-B__PROJECT LIMITS FOR PAVEMENT MAINTENANCE PROJECT – SHEA BOULEVARD & SAGUARO BOULEVARD Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 3 1. INTRODUCTION In the event that a Vendor cannot be selected based solely on Proposals submitted, Oral Interviews may be conducted at the Town’s sole discretion. The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary. 1.1. Summary The Town of Fountain Hills (the “Town”) is issuing this Request For Proposals (this “RFP”) seeking proposals (“Proposals”) from qualified, licensed firms (“Vendors”) interested in providing professional services consisting of Application of Preservative Seal, Application of Crack Seal, and Application of Pavement Markings on Saguaro Blvd and Shea Blvd. (the “Services”), as more particularly described in the Scope of Work . In accordance with the Town’s Procurement Code, the Town will accept sealed Proposals for the Services specified in the Scope of Work. 1.2. Contact Information Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Email: rdurham@fountainhillsaz.gov Phone: (480) 816-5128 Department: Admin-Procurement 1.3. Timeline Release Date March 9, 2022 Advertisement: Fountain Hills Times 3/9/22 & 3/16/22 Advertisement: Arizona Business Gazette 3/10/22 & 3/17/22 Pre-Submittal Conference (Mandatory) March 28, 2022, 10:00am Town of Fountain Hills/Town Hall Final Date and Time for Inquires April 11, 2022, 5:00pm Proposal Due Date and Time April 26, 2022, 5:00pm Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 4 Bid Opening 4/26/22 @ 5:30pm Complication with the Zoom link originally necessitated the bid closing date to be pushed to 4/28/22 via Addendum 4. But due to project timelines the bid closing will revert to 4/26/22 at 5:30. The Public Bid opening will be IN Person at the Town Hall rear (east) parking lot entrance. Shortlist Announced for Oral Interviews (if necessary) May 2, 2022 Oral Interviews (if necessary) 1st week of May Target Town Council Award Date May 17, 2022 Anticipated Agreement Start Date June 1, 2022 Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 5 2. SCOPE OF WORK 2.1. Scope This project consists of the application of (a) crack filling, (b) preservative seal and (c) pavement markings within the project area as shown on the attached Exhibit. This area includes Shea Boulevard from the Scottsdale City Limit to the Maricopa County Limit, and Saguaro Boulevard between Shea Boulevard and Fountain Hills Boulevard. All pavement areas, including turning lanes and shoulders are included in the treatment area. The areas within landscaped medians are excluded. The Town of Fountain Hills is open to options regarding proposed products for both crack seal and preservative treatment, and the proposal shall include information regarding the properties of the products chosen, including information on durability, useful life and other characteristics which would satisfy the Town’s need for road preservation/maintenance. Pavement markings shall be thermoplastic, and will include reflective pavement markings (RPMs). Proposed pavement markings shall be installed in accordance with the requirements set forth in the Manual of Transportation Control Devices (MUTCD). Proposals shall include all necessary traffic control (including off duty officers) and other necessary labor to complete the preservative seal, crack fill, and pavement markings. Pricing shall include unit costs for each of the crack seal and preservation treatments, traffic control and labor. Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 6 3. RFP SUBMISSION PROCESS 3.1. Preparation/Submission of Proposal Vendors are invited to participate in the competitive selection process for the Services outlined in this RFP. Responding parties shall review their Proposal submissions to ensure the following requirements are met. The Town requires electronic submission of bids and proposals. Please submit electronic responses via the Town’s e-Procurement Portal, https://secure.procurenow.com/portal/fhaz. By way of the e-Procurement Portal, responses will be locked and digitally encrypted until the submission deadline passes. 3.2. Irregular or Non-responsive Proposals The Town shall consider as “irregular” or “non-responsive” and reject any Proposal not prepared and submitted in accordance with this RFP, or any Proposal lacking sufficient information to enable the Town to make a reasonable determination of compliance to the minimum qualifications. Unauthorized conditions, limitations, or provisions shall be cause for rejection. Proposals may be deemed non- responsive at any time during the evaluation process if, in the sole opinion of the Town Manager or authorized designee, any of the following are true: A. Vendor does not meet the minimum required skill, experience or requirements to perform or provide the Services. B. Vendor has a past record of failing to fully perform or fulfill contractual obligations. C. Vendor cannot demonstrate financial stability. D. Vendor’s Proposal contains false, inaccurate or misleading statements that, in the opinion of the Town Manager or authorized designee, are intended to mislead the Town in its evaluation of the Proposal. 3.3. Required Submittal The Proposal shall be submitted with a cover letter with an original ink signature (or a compliant digital signature) by a person authorized to bind the Vendor. Proposals submitted without a cover letter with a compliant signature by a person authorized to bind the Vendor shall be considered non-responsive. The Proposal shall be a maximum of 15 pages to address the Proposal criteria (excluding resumes and the Vendor Information Form, but including the materials necessary to address project understanding, general information, organizational chart, photos, tables, graphs, and diagrams). Cover, back, table of contents and tabs may be used and shall not be included in the page count, unless they include additional project-specific information or Proposal criteria responses. The minimum allowable font for the Proposal is 11 pt, Arial or Times New Roman. Failure to adhere to the page limit shall result in the Proposal being considered non-responsive. 3.4. Vendor Responsibilities All Vendors shall (1) examine the entire RFP, Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 7 (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting a Proposal and (4) submit the entire Proposal by the Proposal Due Date and Time. Late Proposals will not be considered, and are not possible when responding through the Town's e- Procurement Portal. Negligence in preparing a Proposal shall not be good cause for withdrawal after the Proposal Due Date and Time. Proposals may be received up to but not later than the Proposal Due Date and time via the Town’s e-Procurement Portal located at https://secure.procurenow.com/portal/FHAZ. The Town’s e-Procurement Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections or the Town's e-Procurement Portal not being accessible from your connected device. The Town strongly recommends completing your response well ahead of the deadline. 3.5. Sealed Submittals Sealed bids will be received through the Town’s e-Procurement Portal located at https://secure.procurenow.com/portal/fhaz. 3.6. Pricing Pricing shall be inclusive of all of the Services as described in the section titled Scope of Work. 3.7. Amendment/Withdrawal of Proposal At any time prior to the specified Proposal Due Date and Time, a Vendor (or designated representative) may amend or withdraw its Proposal. Any modifications in the Proposal shall be by the authorized person signing the Proposal and shall be added to the Vendor's Proposal upload. No Proposal shall be altered, amended or withdrawn after the specified Proposal Due Date and Time. 3.8. Inquiries Proposers shall submit all inquiries regarding this RFP via the Town’s e-Procurement Portal, located at https://secure.procurenow.com/portal/fhaz. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the Town’s e-Procurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. All questions submitted and answers provided shall be electronically distributed to proposers who follow this solicitation on the Town’s e-Procurement Portal. 3.9. Inquiries Answered Verbal or telephone inquiries directed to Town staff will not be answered. Within two business days following the Final Date for Inquiries listed in the timeline of this RFP, answers to all questions received will be posted in the Town's e-Procurement Portal, and e-mailed to all parties who follow the project. No questions, submitted in any form, will be answered after the Final Date for Inquiries. Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 8 3.10. Pre-Submittal Conference A Pre-Submittal Conference may be held. If scheduled, the date and time of this conference will be indicated in the timeline of this RFP. This conference may be designated as mandatory or non- mandatory in the timeline of this RFP. Additionally, if the Pre-Submittal Conference is designated as mandatory, failure to attend shall render that Vendor’s Proposal non-responsive. Vendors are strongly encouraged to attend those Pre-Submittal Conferences designated as non-mandatory. The purpose of this conference will be to clarify the contents of this RFP in order to prevent any misunderstanding of the Town’s requirements. Any doubt as to the requirements of this RFP or any apparent omission or discrepancy should be presented to the Town at this conference. The Town will then determine if any action is necessary and may issue a written amendment or addendum to the RFP. Oral statements or instructions will not constitute amendments or addenda to this RFP. 3.11. Addenda Notification Proposers are required to register for an account via the Town’s e-Procurement Portal hosted by ProcureNow. Once proposer has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each bidder to periodically check the site for any addenda at https://secure.procurenow.com/portal/fhaz. Any addendum issued as a result of any change in this RFP shall become part of the RFP and must be acknowledged in the Proposal submittal. Failure to indicate receipt of the addendum shall result in the Proposal being rejected as non-responsive. Any addendum issued by the Town with respect to this RFP will be available at: https://secure.procurenow.com/portal/fhaz Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 9 4. EVALUATION CRITERIA Proposal Format and Scoring Proposals shall be organized and submitted in the format as outlined below. Failure to conform to the designated format, standards and minimum requirements may result in a determination that the Proposal is non-responsive. Additionally, the Selection Committee will evaluate and award points to each Proposal based upon the evaluation criteria as outlined in this document. Points listed below are the maximum number of points possible for each criteria; there is no minimum number that the Selection Committee must award. No. Evaluation Criteria Scoring Method Weight (Points) 1. Initial Evaluation; General Information Points Based 5 (5% of Total) 2. Initial Evaluation; Experience and Qualifications of the Vendor Points Based 20 (20% of Total) 3. Initial Evaluation; Key Positions Points Based 20 (20% of Total) 4. Initial Evaluation; Project Approach/Product(s) Proposed Points Based 35 (35% of Total) 5. Initial Evaluation; Project Schedule Points Based 20 (20% of Total) Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 10 5. EVALUATION AND AWARD PROCESS 5.1. Reference Checks References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non- responsive. 5.2. Vendor Responsibility The Town’s representative may conduct any investigation deemed necessary to determine the Vendor’s ability to perform the project. Vendors may be requested to submit additional documentation within 72 hours (or as specified) to assist the Town in its evaluation. 5.3. Vendor Licensing and Registration Prior to the award of the Agreement, the successful Vendor shall be registered with the Arizona Corporation Commission and authorized to do business in Arizona. The Vendor shall provide licensure information with the Proposal. Corporations and partnerships shall be able to provide a Certificate of Good Standing from the Arizona Corporation Commission. A Town of Fountain Hills business license is also required upon any awarded contract. 5.4. Selection A Selection Committee composed of representatives from the Town will conduct the selection process according to the schedule listed in the timeline of this RFP. Proposals shall be opened at the time and place designated in the timeline of this RFP. The name of each Vendor and the identity of the RFP for which the Proposal was submitted shall be publicly read and recorded in the presence of witnesses. PRICES SHALL NOT BE READ. The Selection Committee shall award the agreement to the responsible and responsive Vendor whose Proposal is determined, in writing, to be the most advantageous to the Town and best meets the overall needs of the Town taking into consideration the evaluation criteria set forth in this RFP. The amount of applicable transaction privilege or use tax of the Town shall not be a factor in determining the most advantageous Proposal. After the Town has entered into an Agreement with the successful Vendor, the successful Proposal and the scoring documentation shall be open for public inspection. 5.5. Line Item Option Unless the Proposal states otherwise, or unless otherwise provided within this RFP, the Town reserves the right to award by individual line item, by group of line items, or as a total, whichever is deemed most advantageous to the Town. 5.6. Multiple Award The Town, at its sole discretion, may elect to enter into Agreements with multiple Vendors who are qualified to provide the Services. The final terms and conditions of the proposed Agreement will be negotiated by the Town with the successful offerors. Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 11 5.7. Form of Agreement The selected Vendor will be required to execute the Town’s standard Professional Services Agreement in a form acceptable to the Town Attorney. A sample of the standard agreement is included with this RFP. If the Town is unsuccessful in negotiating an Agreement with the highest-scoring Vendor, the Town may then negotiate with the second, then third, highest-scoring Vendor until an Agreement is executed. Town Council approval may be required. The Town reserves the right to terminate the selection process at any time. 5.8. Waiver; Rejection; Reissuance Notwithstanding any other provision of this RFP, the Town expressly reserves the right to: A. waive any immaterial defect or informality, B. reject any or all Proposals or portions thereof and C. cancel or reissue an RFP. 5.9. Protests Any Vendor may protest this RFP, the proposed award of an Agreement, or the actual award of an Agreement. All protests will be considered in accordance with the Town Procurement Code. 5.10. Evaluation Process Each submittal will be reviewed for compliance with the Proposal requirements by the Selection Committee. If necessary, the Selection Committee may conduct oral interviews with up to three of the highest ranked Vendors based upon the Proposal submittal scoring. 5.11. Oral Interviews & Scoring In the event that a Vendor cannot be selected based solely on the Proposals submitted, up to three Vendors may be selected for oral interviews. The selected Vendors will be invited to participate in discussions with the Selection Committee on the date indicated in the timeline of this RFP and awarded points based upon the criteria as outlined below. Vendors may be given additional information for these oral interviews. These discussions will relate less to the past experience and qualifications already detailed in the Proposals and relate more to identification of the Vendor’s project approach and to an appraisal of the people who would be directly involved in this Services for this RFP. Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 12 6. TERMS AND CONDITIONS 6.1. Pricing Errors If price is a consideration and in case of error in the extension of prices in the Proposal, the unit price shall govern. Periods of time, stated as number of days, shall be calendar days. 6.2. Proposal Irrevocable In order to allow for an adequate evaluation, the Town requires the Proposal to be valid and irrevocable for 90 days after the Proposal Due Date and Time indicated on the cover of this RFP. 6.3. Cost of Proposal Preparation The Town does not reimburse the cost of developing, presenting or providing any response to this solicitation. Proposals submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Vendor is responsible for all costs incurred in responding to this RFP. All materials and documents submitted in response to this RFP become the property of the Town and will not be returned. 6.4. Payment Requirements; Payment Discounts Any Proposal that requires payment in less than 30 calendar days shall not be considered. Payment discounts of 30 calendar days or less will not be deducted from the Proposal Price in determining the low Proposal. The Town shall be entitled to take advantage of any payment discount offered, provided payment is made within the discount period. Payment discounts shall be indicated on Price Sheet and/or the electronic Cost Proposal. 6.5. Federal Excise Tax; Transaction Privilege Tax The Town is exempt from Federal Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, if any, shall be included in the unit price for each line item. It shall not be considered a lump sum payment item. 6.6. Public Record All Proposals shall become the property of the Town and shall become a matter of public record available for review, subsequent to the award notification, in accordance with the Town’s Procurement Code. 6.7. Confidential Information If a Vendor believes that a Proposal or protest contains information that should be withheld from the public record, a statement advising the RFP Administrator of this fact shall accompany the submission and the information shall be clearly identified. The information identified by the Vendor as confidential shall not be disclosed until the Procurement Agent makes a written determination. The Procurement Agent shall review the statement and information with the Town Attorney and shall determine in writing whether the information shall be withheld. If the Town Attorney determines that it is proper to disclose the information, the RFP Administrator shall inform the Vendor in writing of such determination. Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 13 6.8. No Collusion By submitting a Proposal, the Vendor certifies the submission of the Proposal did not involve collusion or other anti-competitive practices. 6.9. No Discrimination By submitting a Proposal, the Vendor certifies it shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. 6.10. No Gratuity By submitting a Proposal, the Vendor certifies it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. 6.11. Financial Stability By submitting a Proposal, the Vendor certifies it is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. 6.12. No Signature/False or Misleading Statement By submitting a Proposal, the Vendor certifies person submitting has the authority to legally bind the Vendor. Failure in this regard shall void the submitted Proposal and any resulting Agreement. 6.13. Professional Services Agreement By submitting a Proposal, the Vendor certifies in addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. 6.14. Offer A Proposal is an offer to contract with the Town based upon the terms, conditions and specifications contained in this RFP and the Vendor’s responsive Proposal, unless any of the terms, conditions, or specifications are modified by a written addendum or agreement amendment. Provided, however, that no contractual relationship shall be established until the Vendor has signed, and the Town has approved, a professional services agreement between the Town and the Vendor in the form acceptable to the Town Attorney. A sample Professional Services Agreement is included herein. Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 14 7. VENDOR QUESTIONNAIRE 7.1. Certification By confirming questions under this section, the Vendor certifies: 7.1.1. No Collusion* The submission of the Proposal did not involve collusion or other anti-competitive practices. ☐ Please confirm *Response required 7.1.2. No Discrimination* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. ☐ Please confirm *Response required 7.1.3. No Gratuity* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. ☐ Please confirm *Response required 7.1.4. Financial Stability* It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. ☐ Please confirm *Response required 7.1.5. No Signature/False or Misleading Statement* Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 15 The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. ☐ Please confirm *Response required 7.1.6. Professional Services Agreement* In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. ☐ Please confirm *Response required 7.1.7. Reference Checks* References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. ☐ Please confirm *Response required 7.2. Vendor Proposal 7.2.1. General Information* A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the Proposal. C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that supports the Vendor’s authority to provide services in Arizona. D. Provide a general description of the Vendor’s organization, including years in business. Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 16 E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last five years. Briefly describe the circumstances and the outcome. F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome. *Response required 7.2.2. Experience and Qualifications of the Vendor* A. Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the Town, specifically relating experience with respect to Pavement Maintenance--Saguaro Blvd. and Shea Blvd.. B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. *Response required 7.2.3. Key Positions* A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed project manager and project staff. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. *Response required Request for Proposals #2021-RFP-014 Title: Pavement Maintenance--Saguaro Blvd. and Shea Blvd. 17 7.2.4. Project Approach* A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to contract management, including its perspective and experience on partnering, customer service, quality control, scheduling and staff. B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s Representatives. *Response required 7.2.5. Project Schedule* Provide a project schedule showing key project milestones and deliverables. The schedule shall demonstrate Vendor’s ability to meet expected milestones. Assumptions used in developing the schedule shall be identified and at a minimum the proposed schedule shall include the following dates, if applicable. A. Proposed Kick-Off Meeting B. Phase I Notice to Proceed Date and Project Timelines C. Phase II Implementation Start Date/Work Begins D. Phase III Periodic Project Updates E. Project Completion Date *Response required 7.2.6. Pricing: Pricing shall include unit costs for each of the crack seal and preservation treatments, traffic control and labor.* *Response required Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 (480) 816-5125 ADDENDA REPORT Request for Proposals - Pavement Maintenance--Saguaro Blvd. and Shea Blvd. Page 1 ADDENDA REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. RESPONSE DEADLINE: April 26, 2022 at 5:00 pm Tuesday, May 3, 2022 Addenda Issued: Addendum #1 Mar 29, 2022 7:37 AM Addendum #2 Mar 29, 2022 7:49 AM Regarding 3/28/22 Mandatory meeting Addendum #3 Apr 19, 2022 10:36 AM Please use the See What Changed link to view all the changes made by this addendum. Bid closing moved to 4/26/22 Addendum #4 Apr 26, 2022 9:51 AM Please use the See What Changed link to view all the changes made by this addendum. Bid opening 4/28/22 @ 5:30 Addendum #5 Apr 26, 2022 3:19 PM Please use the See What Changed link to view all the changes made by this addendum. Complication with the Zoom link originally necessitated the bid closing date to be pushed to 4/28/22 via Addendum 4. But due to project timelines the bid closing will revert to 4/26/22 at 5:30. The Public Bid opening will be IN Person at the Town Hall rear (east) parking lot entrance. Addenda Acknowledgements: Addendum #1 Proposal Confirmed Confirmed At Confirmed By ADDENDA REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. Page 2 M. R. Tanner Development & Construction, LLC X Apr 26, 2022 10:24 AM Eric Marsh VSS International Addendum #2 Proposal Confirmed Confirmed At Confirmed By M. R. Tanner Development & Construction, LLC X Apr 26, 2022 10:24 AM Eric Marsh VSS International Addendum #3 Proposal Confirmed Confirmed At Confirmed By M. R. Tanner Development & Construction, LLC X Apr 26, 2022 10:24 AM Eric Marsh VSS International Addendum #4 Proposal Confirmed Confirmed At Confirmed By M. R. Tanner Development & Construction, LLC X Apr 26, 2022 10:24 AM Eric Marsh VSS International Addendum #5 Proposal Confirmed Confirmed At Confirmed By M. R. Tanner Development & Construction, LLC X Apr 26, 2022 3:26 PM Eric Marsh VSS International X X X X X All that is Ari z o na FO U NTAIN HILLST O W N OF INC. 1989PROJECT LIMITSFORPAVEMENT MAINTENANCESHEA BOULEVARD&SAGUARO BOULEVARDSHEA BLVDSAGUAROBLVDF O U N T A I N H I L L S B L V D PALISADES BLVDPALISADES BLVD MCDOWELL MTN RDPROJECT LIMITS EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND M.R. TANNER DEVELOPMENT & CONSTRUCTION, LLC [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. RESPONSE DEADLINE: April 26, 2022 at 5:00 pm Report Generated: Wednesday, April 27, 2022 M. R. Tanner Development & Construction, LLC Proposal CONTACT INFORMATION Company: M. R. Tanner Development & Construction, LLC Email: emarsh@mrtanner.com Contact: Eric Marsh Address: 1327 W San Pedro St. Gilbert, AZ 85233 Phone: N/A Website: mrtanner.com Submission Date: Apr 26, 2022 3:29 PM PROPOSAL DOCUMENT REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. PROPOSAL DOCUMENT REPORT Request for Proposals - Pavement Maintenance--Saguaro Blvd. and Shea Blvd. Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed Apr 26, 2022 10:24 AM by Eric Marsh Addendum #2 Confirmed Apr 26, 2022 10:24 AM by Eric Marsh Addendum #3 Confirmed Apr 26, 2022 10:24 AM by Eric Marsh Addendum #4 Confirmed Apr 26, 2022 10:24 AM by Eric Marsh Addendum #5 Confirmed Apr 26, 2022 3:26 PM by Eric Marsh QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* The submission of the Proposal did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. PROPOSAL DOCUMENT REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. PROPOSAL DOCUMENT REPORT Request for Proposals - Pavement Maintenance--Saguaro Blvd. and Shea Blvd. Page 3 Confirmed NO GRATUITY* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted Proposal. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other Town staff. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence the selection proc ess by any means shall void the submitted Proposal and any resulting Agreement. Confirmed FINANCIAL STABILITY* It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential co sts resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* The signature on the cover letter of the Proposal and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the Proposal and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted Proposal and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* PROPOSAL DOCUMENT REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. PROPOSAL DOCUMENT REPORT Request for Proposals - Pavement Maintenance--Saguaro Blvd. and Shea Blvd. Page 4 In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed REFERENCE CHECKS* References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being considered non-responsive. Confirmed 2. Vendor Proposal GENERAL INFORMATION* A. One page cover letter as described in the section titled "RFP Submission Process", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the Proposal. C. Identify the location of the Vendor’s principal office and the local work office, if different. Include any documentation that supports the Vendor’s authority to provide services in Arizona. D. Provide a general description of the Vendor’s organization, including years in business. PROPOSAL DOCUMENT REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. PROPOSAL DOCUMENT REPORT Request for Proposals - Pavement Maintenance--Saguaro Blvd. and Shea Blvd. Page 5 E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that have been terminated within the last five years. Briefly describe the circumstances and the outcome. F. Identify any claims arising from a contract which resulted in litigation or arbitration within the last five years. Briefly d escribe the circumstances and the outcome. MR_Tanner_Construction_Town_of_Fountain_Hills_Pavement_Maintenance_Final.pdf EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* A. Provide a detailed description of the Vendor’s experience in providing similar services to munici palities or other entities of a similar size to the Town, specifically relating experience with respect to Pavement Maintenance--Saguaro Blvd. and Shea Blvd.. B. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. MR_Tanner_Construction_Town_of_Fountain_Hills_Pavement_Maintenance_Final.pdf KEY POSITIONS* A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed project manager and project staff. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. PROPOSAL DOCUMENT REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. PROPOSAL DOCUMENT REPORT Request for Proposals - Pavement Maintenance--Saguaro Blvd. and Shea Blvd. Page 6 C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. MR_Tanner_Construction_Town_of_Fountain_Hills_Pavement_Maintenance_Final.pdf PROJECT APPROACH* A. Describe the Vendor’s approach to performing the required Services in the section titled Scope of Work, and its approach to contract management, including its perspective and experience on partnering, customer service, quality control, scheduling and staff. B. Describe any alternate approaches if it is believed that such an approach would best suit the needs of the Town. Include rationale for alternate approaches, and indicate how the Vendor will ensure that all efforts are coordinated with the Town’s Representatives. MR_Tanner_Construction_Town_of_Fountain_Hills_Pavement_Maintenance_Final.pdf PROJECT SCHEDULE* Provide a project schedule showing key project milestones and deliverables. The schedule shall demonstrate Vendor’s ability to meet expected milestones. Assumptions used in developing the schedule shall be identified and at a minimum the proposed schedule s hall include the following dates, if applicable. A. Proposed Kick-Off Meeting B. Phase I Notice to Proceed Date and Project Timelines C. Phase II Implementation Start Date/Work Begins D. Phase III Periodic Project Updates E. Project Completion Date PROPOSAL DOCUMENT REPORT RFP No. 2021-RFP-014 Pavement Maintenance--Saguaro Blvd. and Shea Blvd. PROPOSAL DOCUMENT REPORT Request for Proposals - Pavement Maintenance--Saguaro Blvd. and Shea Blvd. Page 7 MR_Tanner_Construction_Town_of_Fountain_Hills_Pavement_Maintenance_Final.pdf PRICING: PRICING SHALL INCLUDE UNIT COSTS FOR EACH OF THE CRACK SEAL AND PRESERVATION TREATMENTS, TRAFFIC CONTROL AND LABOR.* MR_Tanner_Construction_Town_of_Fountain_Hills_Pavement_Maintenance_Final.pdf STATEMENT OF QUALIFICATIONS Pavement Maintenance - Saguaro Blvd and Shea Blvd RESPONSE TO RFP #2021-RFP-014 MR TANNER CONSTRUCTION M.R. 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Tanner Construction is located in Gilbert, Arizona. The company is locally owned and operated with all of its ownership residing full time in the Phoenix Metro Area. In addition, all employees reside in the Phoenix Metro area. Address: 1327 West San Pedro Street, Gilbert, AZ 85233 100% of the work of M.R. Tanner Construction for the last 5 years has been in the Phoenix Metro area. All of the subcontractors and suppliers that may be utilized on this project are locally owned and operated. TERMINATION/CLAIMS/LITIGATION/ ARBITRATION WITHIN THE LAST THREE YEARS Due to our high quality product and continued effort to work with the owner, we have not been terminated from any contract or subcontract. We have not ever been involved in any litigations or arbitrations. ORGANIZATION CHART Town of Fountain Hills ESTIMATORS Traffic Control Management Striping Subcontractor Utility Adjustments Key Personnel M.R. Tanner Construction (M.R. Tanner) is a privately held, local general contractor and construction manager, specializing in civil infrastructure. Since the company’s inception in January of 1993, M.R. Tanner’s success is attributed to the strong relationships developed with each client, subcontractor and supplier on every project. With the ability to self-perform 90% of the work, M.R. Tanner has completed pavement preservation and other pavement related projects in all of the surrounding major municipalities. Our extraordinary project management team staff specializes in estimating, scheduling, subcontracting and field management. M.R. Tanner’s commitment to the immediate needs of the Town have been demonstrated on prior projects. Legal Organization M.R. Tanner Construction is organized a Limited Liability Company in the state of Arizona. Both Maurice Tanner and Alan Evans are authorized to act on the company’s behalf. The company was organized in 1993. ARIZONA CONTRACTOR LICENSES & NUMBERS License Number Qualified Person A-General Engineering 111576 Maurice Tanner B-Residential 111571 Maurice Tanner M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 1 M.R. TANNER HAS A 0.66 EMOD RATING 7.2.2 Experience and Qualifications Alan Evans (President), Eric Marsh (Project Manager), and Josh Skinner (Project Lead/Estimator) are the key personnel who will be assigned to work on this contract and as such will play an active role in each job order agreement. One of the reasons we have chosen this specific team is because they have worked for the last 3 years on the current Town of Fountain Hills contracts. They have proven time and time again on each job, that they can handle the required tasks at hand, and excel in pavement preservation projects. COMPARABLE PROJECTS #1: CITY OF PHOENIX 2019-2020 PHOENIX MAJOR COLLECTOR TRMSS JOA 3 A. DESCRIPTION: This project was procured through the Job Order Contract process. The scope included providing PMM on collectors and majors throughout the City of Phoenix. These roads were selected based on the pavement preservation cycle that the City of Phoenix chose. 1. CITY OF PHOENIX 2. KYLE VANCE 3. 138 E. UNION HILLS DRIVE PHOENIX, AZ 85024 602-571-4522 KYLE.VANCE@PHOENIX.GOV 4. CRACK SEAL, PMRE, PMM, TRAFFIC CONTROL 5. AUGUST 2018-FEBRUARY 2022 1. TOWN OF PARADISE VALLEY 2. JERRY COOPER 3. 6401 E Lincoln Dr, Paradise Valley, AZ 85253 623-695-6870 JCOOPER@PARADISEVALLEYAZ.GOV 4. CRACK SEAL, PMRE, PMM, ASPHALT OVERLAY, PATCHING, TRAFFIC CONTROL 5. January 2018-FEBRUARY 2022 #2: PARADISE VALLEY PAVEMENT PRESERVATION A. DESCRIPTION: We were awarded this project through a competitive bid process. The work includes sealing roads with PMM and Liquid Road, selected by Paradise Valley. Paradise Valley provides us with the quarter section maps and allows us to proceed with a concise and efficient plan. Our goal in every agency is to work efficiently, in order to minimize public impact. M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 2 ¬Pavement Restoration ¬Crack Seal ¬Traffic Management ¬Public Communication & Cooperation ¬Application of Fog Seal Product SIMILARITIES: Alan Evans Eric Marsh Josh Skinner SAME PROJECT TEAM: ¬Pavement Maintenance ¬Crack Seal Program ¬Traffic Management SIMILARITIES: Alan Evans Eric Marsh Josh Skinner SAME PROJECT TEAM: #3: TOWN OF FOUNTAIN HILLS PAVEMENT PRESERVATION A. DESCRIPTION: This project was awarded through a competitive, qualification based process. The work includes, but not limited to providing fog seals, optipave and PMM, slurry seal and mill and overlay services, the roads were selected by the Town of Fountain Hills. This contract is no different than any other agency. A large amount of our time is dedicated to public outreach and coordination with the Town residents and Town staff. We always make every effort to communicate our plan with all parties involved. B. ROLE OF FIRM: Prime Contractor C. CONSTRUCTION COST: $2,544,432 D. CONSTRUCTION DATES: October 2020 - March 2020 E. PROJECT OWNER: Town of Fountain Hills #4: CITY OF CHANDLER STREET MAINTENANCE REPAVING, SURFACE SEALS AND REPAIR SERVICES A. DESCRIPTION: This renewable annual contract project consists of the milling, soil stabilization, crack fill, paving and striping of over 750,000 SY of existing roadways (to-date). More specifically, we provided a pilot program for the City of Chandler for all of the following: PMM, Optipave, Guardtop Ultra and PMRE last year on this contract. These roads included residential, industrial, and arterial paving. Our goal is to provide the best possible options to the agencies, which sometimes requires showing new products. B. ROLE OF FIRM: Prime Contractor C. CONSTRUCTION COST: $10,707,294 D. CONSTRUCTION DATES: April 2020 - Present E. PROJECT OWNER: City of Chandler 1. CITY OF CHANDLER 2. ALLAN ZIMMERMAN 3. 975 E ARMSTRONG WY # C, CHANDLER, AZ 85286 480-390-1321 ALLAN.ZIMMERMAN@CHANDLERAZ.GOV 4. CRACK SEAL, FOG SEALS, PMM, ASPHALT OVERLAY, PATCHING, TRAFFIC CONTROL 5. OCTOBER 2012-PRESENT 1. TOWN OF FOUNTAIN HILLS 2. JEFF PIERCE 3. 16705 E AVE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ 85268 480-749-5258 JPIERCE@FOUNTAINHILLSAZ.GOV 4. CRACK SEAL, FOG SEALS, PMM, ASPHALT OVERLAY, PATCHING, TRAFFIC CONTROL 5. OCTOBER 2017-PRESENT M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 3 ◆ Pavement Restoration ◆ Traffic Management ◆ Public Communication & Cooperation SIMILARITIES: Alan Evans Eric Marsh Josh Skinner SAME PROJECT TEAM: ◆ Pavement Restoration ◆ Crack Seal ◆ Traffic Management ◆ Public Communication & Cooperation ◆ Application of Fog Seal Product SIMILARITIES: Alan Evans Eric Marsh Josh Skinner SAME PROJECT TEAM: $200+ MILLION Completed pavement maintenance projects in the Last 5 Years 300 Completed Pavement Maintenance Projects ALL Projects Completed on Time and Budget In my years of experience with M.R. Tanner Construction, they have always handled themselves with the utmost professionalism and deliver exactly what they say they are going to do. - Van Thomas, Superior Supply“ COMPARABLE PROJECTS: 1.City of Phoenix Major Collector TRMSS - President 2. Paradise Valley Pavement Preservation - President 3. Town of Fountain Hills Pavement Preservation - President 4. Town of Chandler Street Maintenance Repaving, Surface Seals and Repair Services - President ERIC MARSH, PROJECT MANAGER 16 Years with M.R. Tanner Eric’s background is in the traffic control business and pavement maintenance which adds great value to the M.R. Tanner team. His experience allows him to safely complete projects with public safety and public transit in the forefront of his mind. Eric’s work ethic makes him a valuable asset for M.R. Tanner and will serve as an asset to the Town of Fountain Hills. 7.2.3 Key Positions The key personnel selected to lead this project bring experience with not only the process, but successful relationships with the Town. Alan will serve as the principal contact for this contract. Eric will be the main point of contact for the town and will be handling the day to day operations and coordinating all field activities. Josh Skinner will be handling all estimates, scheduling and public relations for this project. ALAN EVANS, PRESIDENT 15 Years with M.R. Tanner Alan’s extensive knowledge of pavement preservation projects combined with his project management experience make him a coveted M.R. Tanner team member. His work experience and education include planning, budgeting, and managing the growth of small and large multi- faceted companies with an emphasis on quality work and customer satisfaction. Additional Relevant Experience M.R. Tanner has completed over $200 million in pavement maintenance projects within Maricopa County in the last five years. M.R. Tanner has an established relationship with the Town of Fountain Hills and is committed to continuing to exceed expectations and dedicate the manpower to complete all work. Our commitment to the specific projects that we are given, can be shown by a job we performed for the City of Phoenix, when we worked 24 hours a day for one full week to complete Thomas Road between 87th to 91st Avenues caused by storm damage. Though we know that this will not be required on this contract, we commit to deliver this same methodology and product to the town on this upcoming pavement maintenance project. M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 4 COMPARABLE PROJECTS: 1.City of Phoenix Major Collector TRMSS - Project Manager 2. Paradise Valley Pavement Preservation - Project Manager 3. Town of Fountain Hills Pavement Preservation - Project Manager 4. Town of Chandler Street Maintenance Repaving, Surface Seals and Repair Services - Project Manager JOSH SKINNER, CHIEF ESTIMATOR/PROJECT LEAD 15 Years with M.R. Tanner Josh has the ability to communicate to his team at M.R. Tanner Construction the expectations of the Town of Fountain Hills. With excellent project management skills on pavement preservation projects and education in project scheduling, estimating, budgeting and field management, Josh brings the necessary leadership to each project. Josh has recent experience working with the town on multiple projects in the town, including projects around schools, businesses, and in the downtown corridor. COMPARABLE PROJECTS: 1.City of Phoenix Major Collector TRMSS - Chief Estimator/Project Lead 2. Paradise Valley Pavement Preservation - Chief Estimator/Project Lead 3. Town of Fountain Hills Pavement Preservation - Chief Estimator/Project Lead 4. Town of Chandler Street Maintenance Repaving, Surface Seals and Repair Services - Chief Estimator/ Project Lead Proposed Subcontractors Experience and Qualifications M.R. Tanner Construction has established a team of highly qualified subcontractors who share the common goal of completing every project on time and within budget. If the need arises, M.R. Tanner Construction has a strong relationship with these prequalified subcontractors that will be selected based upon our Subcontractor Selection Plan. M.R. TANNER’S JOB ORDER PROCESS AS DESCRIBED THROUGH A PAST PROJECT M.R. Tanner excels with job order contracts and suc- cessfully handling each job to achieve client and stake- holder satisfaction. To address each question in this propos- al, we will show our process through a past job order in these highlight boxes. The project we are featuring was a pavement preservation project for the City of Phoenix on Cholla Lane (completed in 2021). We are highlighting this job because we want to be able to discuss a real-life scenario where our approach and planning were put “into action.” Due to page count limitations, we were not able to highlight our action plan in each section, but hope that highlighting this job through some of the sections will show our dedication to our partnership with the Town, and the level of detail we take with each project. Cholla Lane Project Map: Legend: Emergency Helicopter Landing Police Station Fire Station The Phoenician Parking - Phoenix ROW Road to be Maintained Private Street M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 5 COMMUNICATION AND TRACKING OF THE REQUEST FOR JOB ORDER AGREEMENTS (JOA) LINE ITEM QUANTITY TRACKING As the main point of contact for all requests made by the Town, Josh Skinner will delegate workloads internally with M.R. Tanner. This has proven to be successful in the past, mini- mizing the contacts that the Town is required to make. M.R. Tanner will take the maps provided by the Town and confirm those quantities with actual field measurements and site visits. If there are any quantitative discrepancies in any line item, these will be communicated to the Town, prior to any funds being commit- ted to the project. If revisions to the quantities are required, they will be made at this point. If there are no quantitative discrepancies, pricing has already been established through the coefficients, so the specific contracts can be written and work can begin. Quantities will be tracked on a daily, weekly, and monthly basis. The daily quantities are communicated and agreed upon with the Town Inspector (daily) and the agreed upon dai- ly quantities are compiled to make up the weekly summary. These weekly summaries are compared against the contract quantities to track project costs and these weekly summa- ries are used to draft pay applications. Figure 2: M.R. Tanner’s Process for JOA Tracking  REVIEW OF JOA PACKET  Firm’s Process & Procedures in Action on Cholla Lane: Utilizing the same procedures shown in Figure 2, we compared quantities from the beginning of the project with those provided by the City. We agreed upon quantities and were within budget when the project was finalized. The only item that we added to the preliminary cost of the job (in order to minimize change orders) was that we elected to do mailers due to the private subdivisions that would be impacted. We did two different mailers, two weeks apart, to make sure everyone was aware of the project. Capturing this cost before the job started helped keep the job within budget. A well-managed and successful project is entirely dependent on a strong project team working together. The communication of the M.R. Tanner team and the Town must occur regularly and often through all stages of construction in order to achieve success. The M.R. Tanner staff proposed for these projects will form a partnership with the Town staff to assure that each individual project is managed from inception to completion as a team. The team we have assembled to manage construction for the pavement preservation projects will be involved throughout the entire duration of the contract. Starting with pre-construction, the team will review design, schedules, and costs to assure that each individual understands the scope of the project. Josh Skinner will oversee all construction activities and act as the lead with Eric Marsh leading all field activities. The project team will meet weekly with subcontractors and the Town’s staff to assure that schedules are understood and maintained. In addition, discussions regarding safety, scope and engineering will be addressed. M.R. Tanner is committed to delivering a product to the Town that exceeds their expectations and that demonstrates our expertise in preserving the roads in are working for and reporting to the residents of Fountain Hills. We are very much aware of the impact our work has on the community. After all, we are maintaining the roads they take to work every day and the streets their kids play on. We have maintained roads long enough to know that we are impacting their communities with the work that we perform. We take into consideration that we need to make the construction process as quick as possible, while maintaining superior quality. We need to maintain a safe work environment through cleanliness and traffic control, while creating as little impact as possible. All of this is done in order to leave behind a product that each one of the residents would be proud to call their own. APPROACH / ISSUES Overall Approach to Providing Services M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 6 tant (PIA) who is available 24/7. ¬72 hours prior to the start date on each road, resi- dents and business owners are notified of the work with a hand-delivered door flier. ¬Job-specific signage with appropriate dates are displayed on all residential and collector roadways. Variable message boards will be utilized on all major roadways and installed ten days before the start date. These handouts and VMB’s include a contact num- ber to the PIA. Prior to starting any work, we evaluate every project by analyzing entities in its surrounding area. For example, we will notify every fire and police department, school, and church individually. We leave contact information and work around their schedule as much as possible. We also try and schedule all of our work around drop-off times, pick-up times, etc. It’s imperative that we communicate our schedule effec- tively. This will allow Town staff and residents to adjust their own schedules accordingly and feel less impact from the work that is being performed. Emergency Response Notification M.R. Tanner will coordinate with Town staff in contacting local emergency response teams (including police and fire departments) more than 72 hours prior to the start of construction. We will deliver plans with information regarding the impacted areas and respective dates. We will also leave business cards to contact us. Though we never anticipate the need for emergency response ve- hicles on our jobs, crew, or residents, we prefer to plan properly in the event we would need them. Firm’s Notification Protocol In Action on Cholla Lane: For this specific project, there were many parties involved. To name a few: The Town of Paradise Valley (ROW on Invergordon/64th Street), Phoenix Parks (Camelback Mountain), The Phoenician (parking on Mockingbird would be impacted), Paradise Valley Police Department, Paradise Valley Fire Department (operated and contracted with/through Phoenix), helicopter landing areas for emergencies on Camelback Mountain, private subdivisions, etc. Pre-Construction: The Town of Paradise Valley and Phoenix Parks Department were both brought into a pre-construction meeting, notifying them of the work. Paradise Valley required a police officer if we would need to back trucks in off mockingbird (which was addressed). The Parks Department was notified for potential parking access restrictions and they had us post dates of con- struction on Cholla Lane in order to let the public know of the upcoming project. Notifications: The Town inspection staff handled the notifications to the internal Phoenix departments, and M.R. Tanner handled notifications to the Paradise Valley Police and Fire Departments, and the Phoenician. Though the Phoenician wouldn’t really feel a direct impact, but with restricted parking on Cholla Lane there may of been increased traffic and parking on 64th Street. HOA Coordination: M.R. Tanner took it upon themselves to notify the homeowners associations in both private subdivisions. Both would feel the impacts of our work, and both were appreciative of the notification. We also placed variable message boards at the bottom of the hill to remind everyone of the upcoming work. Schools: Schools and bus routes were not impacted be- cause we elected to do this work during the summertime break. Partnering/Customer Service/Notifying Public As indicated, we will be asked to maintain roads that belong to the Town. However, these roads are traveled by the residents. Therefore, coordinating schedules and communicating with the Town and its residents is essential. Contract Management The graphic in Figure 2 (below) demonstrates the procedures that M.R. Tanner will utilize to communicate and track the project and line-item quantities starting with the initiation of the project through the town. We will start every project by communicating the sched- ule with the management team of the Town at least four weeks prior to the start of the work. This advanced sched- uling notice will allow Town staff ample time to approve permits, notify other departments, etc. Pending the ap- proval of the Town, we will then begin to notify residents. We will notify residents utilizing the following methodology: NOTIFICATION APPROACH ¬ Contracts are executed. ¬ The schedule is sent to our public information assis- M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 7 Lines of Communication For any job to be successful, the lines of communica- tion must always be open and transparent. The following information outlines our communication:1DAILY COMMUNICATION Discussing the plan for the following day and review- ing the previous day’s events to help identify areas that are running well and areas that can be improved upon. This communication takes place between the proj- ect manager and the town of Fountain Hills inspector to minimize miscommunication and conflict. 2WEEKLEY UPDATED 3-WEEK LOOK AHEAD SCHEDULE By publishing the 3-week look ahead schedule every week, M.R. Tanner can give the Town staff notice of where we are going to be (quarter section, arterial) so they can submit for permits and coordinate with other departments in a timely manner.3SINGLE SOURCE Though everyone in our key personnel will be involved in the project, Josh will be publishing the schedule and running the project on a day-to-day basis. He will be working directly with the Town to ensure communication is consistent and constant. Other Challenges Protecting the Work One of the biggest challenges that we face when it comes to pavement preservation is when vehicles drive through the fresh product. This will typically happen because of poor planning on the contractor’s part or poor traffic con- trol. M.R. Tanner mitigates this problem through: ◆ Leaving windows at corresponding intersections, in order to let residents in and out of the neighborhoods. We then come back the following day and cut this portion in. ◆ We require our traffic control personnel and off-duty Officers to stay on-site at all times and remain until the daily activities are complete. Adverse Weather Another challenge that contractors can face is the weath- er. Bad weather can cause adverse consequences during pavement preservation operations. We will keep an eye on all forecasts, and we will not put down any material when there is a high chance of rain. We will also be cau- tious of applying the material in windy weather, to avoid any overspray. Communication in Action on Cholla Lane Josh was the point of contact for the Cholla Lane project. He coordinated all schedules with the Phoenix Inspectors assigned. All schedules for this project were submitted on a weekly basis to our PIA, City Inspectors, City Project Manager, and M.R. Tanner’s Project Manager. Making sure that everyone is included helps to limit questions and confusion. The 3-week schedule also helps to en- sure that the project doesn’t catch anyone off guard. Projects like this are planned months in advance. PLANNING / ESTIMATING / SCHEDULING Systems Used for Planning the Work Proper planning is critical to the success of any contract. M.R. Tanner’s team has planned and successfully executed pavement preservation projects for more than two decades with experience with various agencies, including the Town of Fountain Hills. Once preliminary discussions occur with the Town, M.R. Tanner’s team will start the planning process. The first step in planning will be for the project team to review the most recently completed pavement main-tenance project to highlight the successes and address processes that need to be improved. These successes and improvements will be implemented into the plan for for this pavement maintenance project. Next, coordination meetings will occur with each sub- contractor to identify project-specific planning. For ex- ample, we will determine the locations of all the schools in the area, and determine the drop-off times, pick-up times, bus routes, etc. We will take this information and determine a plan of action to ensure that we will not be applying the product in front of the school at a critical time. This coordination will help M.R. Tanner, the Town, and ultimately help the residents. We do not use any automated systems. All of our com- puter software programs are done using excel spread- sheets, refined from over 25 years of experience. These complex spreadsheets help trigger action (as stated above, if there are schools, police departments, fire sta- tions, bus stops, etc.). M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 8 ed a philosophy that there is no reason why we should Scheduling to Perform the Work Expeditiously and Within Cost Restraints The schedule is essential to each project’s success. As stated in the original pre-bid meeting, the urgency level of getting this project is high. M.R. Tanner will meet within one week of the Town’s initiation of the project. The team will communicate the schedule requirements from the Town to the subcontractors and suppliers. The team will then take input from suppliers and subcontractors to improve the schedule if necessary. In order to create and manage the schedule, M.R. Tanner utilizes Microsoft Project. The tools in this software allow critical paths and key scopes to be identified. Additionally, the project team is able to track and manage the project and effectively share the schedule with the Town and all others involved with the project. To accurately track and update the schedule, the Project Manager, Eric Marsh, and Project Lead, Josh Skinner, will coordinate daily to ensure the project is on track. Addi- tionally, the project schedule will be regularly updated and shared with the Town, the subcontractors, and suppliers. Accurately tracking, updating, and communicating the proj- ect schedule is critical for the success of each project. M.R. Tanner’s Commitment to Schedule1First, our company and each team member have adopt - ever fall behind schedule. The reason we feel so strongly about this is because being behind schedule doesn’t only impact the contractor and the Town, it impacts the residents. In many cases, with these types of projects, we will be working in your resident’s neighborhoods. If not handled properly, this can impact residents getting to school, getting to work and causing an unneeded disrup- tion. If scheduled properly, disruptions and confusion can be avoided if we just adhere to the schedule. 2Second, we ensure that our subcontractors share the same philosophy. We communicate the schedule on a daily basis with everyone involved and make sure that it is followed. We know we can trust our subcontractors and their work, and they are designated as such. 3Third, we don’t accept equipment failure as an excuse. Every day that we are on-site, we have a backup piece of equipment for everything that we would need. This way, in the unforeseen cases where a piece of equipment breaks down, we simply switch it out and continue the work, ensuring we stay on schedule. 4Lastly, we are committed to producing the highest quality product in an extremely time-efficient man- ner. Each one of the agencies and municipalities that we have worked with would tell you that we are capable of such production on a daily basis. QUALITY MANAGEMENT PLAN Management to Ensure Quality Objectives Are Met or Exceeded M.R. Tanner has adopted a philosophy that we are only as good as the product that we leave behind. We have devel- oped an internal quality control plan to ensure that we only utilize the best materials and the highest quality service. The implementation of the quality control plan will be managed and monitored by the experienced field staff (Josh and Eric) in conjunction with the pre-construction staff to ensure that all construction is of the highest quality. This vision is communi- cated and shared with the M.R. Tanner employees who will be performing the work. The first line of defense that we use to deliver a quality prod- uct is through the crews who will be performing the work. With tens of thousands of hours a year devoted to pavement maintenance projects throughout the Valley, these men and women know the quality that we require and are committed to exceeding all standards. The second line of defense that we utilize are the foreman and superintendents, who drive the job site thoroughly every morning and evening to inspect the work that was performed that day. We also uti-lize many checks and balances during production to ensure that our product exceeds all standard specifications. To further our commitment to quality, we send many of our key personnel to seminars and trainings on a yearly basis where materials (asphalt, concrete, slurry seal, chip seal, seal coat , coolseal applications, etc.) are thoroughly discussed. Even though the materials that are discussed above do not change drastically year to year, we feel that it is vital to our success to stay on top of the best methods and procedures to achieve a high-quality product. We utilize all self-checks to help in verifying the quality of our work on a daily basis. M. R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 9 Personnel Performing Quality Control As stated above, Josh Skinner will proactively conduct quality control throughout the duration of this project. As an example of our quality control, we will spray over a 1 SY sheet of metal on a daily basis. We will take this sheet of metal and weigh it, which helps us to guaran- tee that we are providing the requested application rate. M.R. Tanner takes pride in having high standards and meeting or exceeding those standards for every project. Personnel Performing Safety Management M.R. Tanner is committed to construction safety, and Josh Skinner will be the lead for project safety for this contract. Weekly on-site safety meetings and daily safety discussions with the construction crews and staff have allowed the company to maintain an excellent record of safety. The safety plan for the project will ad-dress project safety personnel, project training, accident prevention plan, emergency action plan, hazardous materials, and the communication plan. In a contract involving multiple scopes, projects, and locations, the safety plan will be updated continually to assure safety for all parties involved. The safety plan will provide the necessary verbiage to keep the traveling public safe. This will be shown through approved traffic control plans. We also take the time to make sure that the site is cleaned at the end of every day. We clean the sidewalks, sweep roadways and remove loose debris, etc. Keeping a job site clean helps to ensure the safety of everyone involved, and specifi- cally the residents. Personnel Performing Traffic Control Management Eric Marsh is dedicated to managing the traffic for the project. Upon execution of the contract, we will imme- diately begin to work with the inspector to obtain a traffic control permit. This permit will allow us to work within the Town right-of-way. It will also stipulate the times that we are able to work on the Town road-ways. These permits, coupled with the approved traffic control plans, will help to ensure the safety of workers as well as the traveling public. It will also help allevi- ate higher than normal traffic loads. The traffic control plans will be handled by Eric and will be managed on a daily basis by the experienced field superintendents. How Construction Quality is Ensured Our first line of defense is our project foreman in charge of the job. Unlike most companies, our foreman is part of the crew and is on the ground with the crew. He is keen- ly aware of the quality on the ground and making sure it meets all standards. Eric will also be on-site, ensuring quality on a daily basis. All of our crews have worked together for years and contribute to the quality that M.R. Tanner expects. M.R. Tanner always finishes under budget and adheres very closely to their published schedule. They always go above and beyond what is expected for the City and residents. - Josh Wagner, City of Chandler Inspector“M. R. 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San Pedro Street Gilbert, AZ 85233 480-633-8500 mrtanner.com M.R. TANNER CONSTRUCTION | FOUNTAIN HILLS | PAVEMENT MAINTENANCE | 14 ITEM 8. D. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Public Works Prepared by: Justin Weldy, Public Works Director Staff Contact Information: Justin Weldy, Public Works Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: approving staff to seek and apply for grants from the Maricopa County Flood Control District (MCFCD). Staff Summary (Background) Staff continuously looks for opportunities to improve the Town Drainage systems with a focus on preventing flooding to homes and businesses. Prior to incorporation, several areas within the Town were constructed without proper drainage design or infrastructure. Due to recent weather changes, storm events are becoming more frequent with increased intensity. Two major storm events last year, occurring on July 15, 2021, and August 13, 2021, resulted in two pre-incorporation storm drain systems becoming inundated. As a result, three homes were flooded. Staff has reviewed the Maricopa County Flood Control District criteria for their Small Project Assistance Program (SPAP), and believe that two proposed drainage projects meet the criteria. Staff will be applying for two grants under the grant program:  Design and construction of a catch basin and drain pipe on Duce Court; and Design and construction of improvements to an existing undersized drainage channel on Grande Blvd. Related Ordinance, Policy or Guiding Principle Public Works Mission Statement. Risk Analysis Failure to address these flooding issues could result in additional property damage. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval to seek and apply for grants.  Staff recommends approval to seek and apply for grants.  SUGGESTED MOTION MOVE to approve staff to seek and apply for grants from the Maricopa County Flood Control District (MCFCD). Attachments Vicinity Map  Grande location site map  Duce Ct site Map  Form Review Inbox Reviewed By Date Public Works Director (Originator)Justin Weldy 05/04/2022 06:10 PM Finance Director David Pock 05/05/2022 08:13 AM Town Attorney Aaron D. Arnson 05/05/2022 09:41 AM Town Manager Grady E. Miller 05/05/2022 04:24 PM Form Started By: Justin Weldy Started On: 05/02/2022 04:44 PM Final Approval Date: 05/05/2022  ITEM 8. E. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Approving Professional Services Agreement 2022-071 with Shums Coda for 3rd party plan review and inspection services for Phases II and III of Park Place. Staff Summary (Background) On December 22, 2021, the Town released a Request for Qualifications (RFQ) for plan review and inspection services.  Four firms provided responses.  The proposals were reviewed by a three member staff committee from Development Services and Engineering. The firm of Shums Coda was selected as the best qualified vendor to provide these services.  Town staff will provide the Planning review of the construction documents. The purpose of the solicitation was to secure a firm that can provide building plan review and inspection services for Phases II and III of Park Place.  These are large, complex buildings which would take a lot of staff time to review.  By hiring a third party to provide these services staff will be able to continue handling the regular plan reviews and inspections. The Development Agreement for Park Place anticipates using a third party plan review and inspection service; this was done with Phase I. The contractor for the development will pay the standard building permit fee.  The Town will use the revenues received from the building permit to pay the consultant.  Should the costs of the consultant exceed the building permit fee, the contractor will be billed for the additional amount. The Building Official will oversee the document review and inspections process.  The Town will issue the building permit and provide the final approval for the certificate of occupancy.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis The Town has determined that using a third party service for the plan review and inspections of this The Town has determined that using a third party service for the plan review and inspections of this development will provide hight quality plan review while allowing staff to continue the review and inspection processes with other applications. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Professional Services Agreement 2022-071 SUGGESTED MOTION MOVE to approve Professional Services Agreement 2022-071 with Shums Coda. Attachments Contract  Exhibit A  Exhibit B  Exhibit C  Exhibit D  Form Review Inbox Reviewed By Date Development Services Director (Originator)John Wesley 05/04/2022 01:49 PM Form Started By: John Wesley Started On: 05/04/2022 12:18 PM Final Approval Date: 05/04/2022  1 Contract No. 2022-071 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is entered upon execution between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and Shums Coda Associates, Inc., a(n) California corporation (the “Consultant”). RECITALS A.The Town issued a Request for Qualifications, RFQ No. 2021-RFQ-008 (the “RFQ”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of Plan Review and Building Inspection Service (the “Services”). B.The Vendor responded to the RFQ by submitting a statement of qualifications (the “Proposal”), attached hereto as Exhibit A and incorporated herein by reference. C.The Town desires to engage the Consultant to provide Plan Review and Building Inspection Services (the “Services”). D.The Town desires to enter into an Agreement with the Consultant to perform the Services, more particularly set forth in Section 2 below. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 1.Term of Agreement. This Agreement shall be effective upon execution and shall remain in full force and effect until May 17, 2023 (the “Initial Term”), unless terminated as otherwise provided in this Agreement. 2.Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Services (attached hereto as Exhibit B) as previously set forth herein. Services shall only be provided when the Town identifies a need and proper authorization and documentation have been approved. For project(s) determined by the Town to be appropriate for this Agreement, the Consultant shall provide the Services to the Town on an as-required basis relating to the specific Services as may be agreed upon between the parties in writing, in the form of a written acknowledgment between the parties describing the Services to be provided (each, a “Work 2 Order”). Each Work Order issued for Services pursuant to this Agreement shall be (i) in the form provided and approved by the Town for the Services, (ii) contain a reference to this Agreement and (iii) be attached to hereto as Exhibit D and incorporated herein by reference. By signing this Agreement, Consultant acknowledges and agrees that Work Order(s) containing unauthorized exceptions, conditions, limitations, or provisions in conflict with the terms of this Agreement, other than Town's project-specific requirements, are hereby expressly declared void and shall be of no force and effect. The Town does not guarantee any minimum or maximum amount of Services will be requested under this Agreement. 3. Compensation. The Town shall pay the Consultant rates set forth in the Fee Proposal attached hereto as Exhibit C and incorporated herein by reference. As required by Section 6.2 (D) of the Development Agreement entered into between the Town and the Developer dated June 16, 2016, the Developer is to pay the direct and reasonable costs incurred by the Town resulting from its contact for these services. For the Town to pay the consultant, the Developer shall pay the Town’s Building Permit Fee at the time of issuance of the building permit. These funds will be used by the Town to pay the consultant. Should the total cost of the Consultant’s services be less than the building permit fee, the additional funds will be returned to the Developer. Should the costs exceed the funds provided through the building permit fee, the Developer shall pay the additional amount. 4.Payments. The Town shall pay the Consultant monthly (and the Consultant shall invoice the Town monthly), based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. Each invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. This Agreement must be referenced on all invoices. The Town shall: invoice the Developer monthly and the Developer shall pay the Town, in accordance with this Agreement and with Section 6.2(D) of that certain Development Agreement entered into between the Town and the Developer dated June 16, 2016, within 30 days of receipt for Consultant work to continue. The Developer shall pay the Town an additional fee of 1% on outstanding balances over 30 calendar days past due; past due balances will also result in all inspection work ceasing until all outstanding balances are paid. 5. Documents. All documents, including any intellectual property rights thereto, prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6.Vendor Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful performance of the Services under this Agreement. Consultant agrees to assign specific individuals to key positions. If deemed qualified, the Consultant is encouraged to hire Town residents to fill vacant positions at all levels. Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced without prior written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel possessing substantially equal ability and qualifications. 6.1 Developer may contact Consultant personnel working on the Project as needed 3 to clarify and address plan review and inspection comments. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant’s performance. The Consultant shall provide and maintain a self-inspection system that is acceptable to the Town. 8. Licenses; Materials. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Vendor. The Town has no obligation to provide Consultant, its employees or subcontractors any business registrations or licenses required to perform the specific services set forth in this Agreement. The Town has no obligation to provide tools, equipment or material to Consultant. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and with the care and skill ordinarily used by members of the same profession practicing under similar circumstances at the same time and in the same locality. 10. Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend and hold harmless the Town and each council member, officer, employee or agent thereof (the Town and any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the negligent acts, intentional misconduct, errors, mistakes or omissions, breach of contract, in connection with the work or services of the Consultant, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11.Insurance. 11.1 General. A.Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies authorized to do business in the State of Arizona pursuant to ARIZ. REV. STAT. § 20-206, as amended, with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. B. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 4 C.Additional Insured. All insurance coverage, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. D.Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. E.Primary Insurance. Consultant’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. F.Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. G.Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. H.Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. I.Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreements with its subcontractors containing the indemnification provisions set forth in this Agreement and insurance requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing any agreements with its subcontractors and obtaining certificates of insurance verifying the insurance requirements. J.Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant will provide the Town with suitable evidence of insurance in the form of certificates of insurance and a copy of the declaration page(s) of 5 the insurance policies as required by this Agreement, issued by Consultant’s insurance insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. Confidential information such as the policy premium may be redacted from the declaration page(s) of each insurance policy, provided that such redactions do not alter any of the information required by this Agreement. The Town shall reasonably rely upon the certificates of insurance and declaration page(s) of the insurance policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required by this Agreement expire during the life of this Agreement, it shall be Consultant’s responsibility to forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration date. All certificates of insurance and declarations required by this Agreement shall be identified by referencing the RFP number and title or this Agreement. A $25.00 administrative fee shall be assessed for all certificates or declarations received without the appropriate RFP number and title or a reference to this Agreement, as applicable. Additionally, certificates of insurance and declaration page(s) of the insurance policies submitted without referencing the appropriate RFP number and title or a reference to this Agreement, as applicable, will be subject to rejection and may be returned or discarded. Certificates of insurance and declaration page(s) shall specifically include the following provisions: (1)The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability – Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. (b)Auto Liability – Under ISO Form CA 20 48 or equivalent. (c) Excess Liability – Follow Form to underlying insurance. (2)Consultant’s insurance shall be primary insurance with respect to performance of this Agreement. (3)All policies, except for Professional Liability, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. (4)ACORD certificate of insurance form 25 (2014/01) is preferred. If ACORD certificate of insurance form 25 (2001/08) is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its 6 agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. 11.2 Required Insurance Coverage. A.Commercial General Liability. Consultant shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products- completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. B.Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Vendor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance. C.Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work in any way related to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate. D.Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Consultant’s employees engaged in the performance of 7 work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or be materially changed without 30 days’ prior written notice to the Town. 12.Termination; Cancellation. 12.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Vendor of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 12.2 For Cause. If either party fails to perform any obligation pursuant to this Agreement and such party fails to cure its nonperformance within 30 days after notice of nonperformance is given by the non-defaulting party, such party will be in default. In the event of such default, the non-defaulting party may terminate this Agreement immediately for cause and will have all remedies that are available to it at law or in equity including, without limitation, the remedy of specific performance. If the nature of the defaulting party’s nonperformance is such that it cannot reasonably be cured within 30 days, then the defaulting party will have such additional periods of time as may be reasonably necessary under the circumstances, provided the defaulting party immediately (A) provides written notice to the non-defaulting party and (B) commences to cure its nonperformance and thereafter diligently continues to completion the cure of its nonperformance. In no event shall any such cure period exceed 90 days. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 12.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while this Agreement or any extension of this Agreement is in effect, an employee of any other party to this Agreement in any capacity or a Consultant to any other party of this Agreement with respect to the subject matter of this Agreement. 12.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future employment, entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Vendor to any officer, agent or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is canceled by the Town pursuant to this 8 provision, the Town shall be entitled, in addition to any other rights and remedies, to recover and withhold from the Vendor an amount equal to 150% of the gratuity. 12.6 Agreement Subject to Appropriation. This Agreement is subject to the provisions of ARIZ. CONST. ART. IX, § 5 and ARIZ. REV. STAT. § 42-17106. The provisions of this Agreement for payment of funds by the Town shall be effective when funds are appropriated for purposes of this Agreement and are actually available for payment. The Town shall be the sole judge and authority in determining the availability of funds under this Agreement and the Town shall keep the Consultant fully informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is a current expense of the Town, payable exclusively from such annual appropriations, and is not a general obligation or indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the amounts as set forth in this Agreement during any immediately succeeding fiscal year, this Agreement shall terminate at the end of then-current fiscal year and the Town and the Consultant shall be relieved of any subsequent obligation under this Agreement. 13.Miscellaneous. 13.1 Independent Contractor. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant acknowledges and agrees that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Consultant, its employees and subcontractors are not entitled to workers’ compensation benefits from the Town. The Town does not have the authority to supervise or control the actual work of Vendor, its employees or subcontractors. The Consultant, and not the Town, shall determine the time of its performance of the services provided under this Agreement so long as Consultant meets the requirements as agreed in Section 2 above and in Exhibit A. Consultant is neither prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. Town and Consultant do not intend to nor will they combine business operations under this Agreement. 13.2 Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona. 13.3 Laws and Regulations. Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible abides by, and remains in compliance with, all rules, regulations, ordinances, statutes or laws affecting the Services, including, but not limited to, the following: (A) existing and future Town and County ordinances and regulations; (B) existing and future State and Federal laws; and (C) existing and future Occupational Safety and Health Administration standards. 9 13.4 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 13.5 Provisions Required by Law. Each and every provision of law and any clause required by law to be in this Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, this Agreement will promptly be physically amended to make such insertion or correction. 13.6 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of this Agreement which may remain in effect without the invalid provision or application. 13.7 Entire Agreement; Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. This Agreement shall be construed and interpreted according to its plain meaning, and no presumption shall be deemed to apply in favor of, or against the party drafting this Agreement. The parties acknowledge and agree that each has had the opportunity to seek and utilize legal counsel in the drafting of, review of, and entry into this Agreement. 13.8 Assignment; Delegation. No right or interest in this Agreement shall be assigned or delegated by Consultant without prior, written permission of the Town, signed by the Town Manager. Any attempted assignment or delegation by Consultant in violation of this provision shall be a breach of this Agreement by Consultant. 13.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. Failure to pay subcontractors in a timely manner pursuant to any subcontract shall be a material breach of this Agreement by Consultant. 13.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 10 13.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys’ fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 13.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 13.13 Offset. A.Offset for Damages. In addition to all other remedies at law or equity, the Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for damages resulting from breach or deficiencies in performance or breach of any obligation under this Agreement. B.Offset for Delinquent Fees or Taxes. The Town may offset from any money due to the Consultant any amounts Consultant owes to the Town for delinquent fees, transaction privilege taxes and property taxes, including any interest or penalties. 13.14 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Az. 85268 Attn: Grady E. Miller, Town Manager With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Az. 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: Shums Coda Associates, Inc. 5776 Stoneridge Mall Rd., Suite 150 Pleasanton, Ca. 94588 Attn: Christine Godinez If to Developer: N-Shea Group, LLC 14555 N. Scottsdale Rd., Suite 240 Scottsdale, Az. 85254 11 Attn: Bart M. Shea or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 13.15 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform Vendor’s duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 13.16 Records and Audit Rights. To ensure that the Consultant and its subcontractors are complying with the warranty under subsection 13.17 below, Vendor’s and its subcontractor’s books, records, correspondence, accounting procedures and practices, and any other supporting evidence relating to this Agreement, including the papers of any Consultant and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately permit (A) evaluation and verification of any invoices, payments or claims based on Consultant’s and its subcontractors’ actual costs (including direct and indirect costs and overhead allocations) incurred, or units expended directly in the performance of work under this Agreement and (B) evaluation of the Consultant’s and its subcontractors’ compliance with the Arizona employer sanctions laws referenced in subsection 13.17 below. To the extent necessary for the Town to audit Records as set forth in this subsection, Consultant and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its subcontractors’ facilities, from the effective date of this Agreement for the duration of the work and until three years after the date of final payment by the Town to Vendor pursuant to this Agreement. Consultant and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this subsection. The Town shall give Consultant or its subcontractors reasonable advance notice of intended audits. Consultant shall require its subcontractors to comply with the provisions of this subsection by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 12 13.17 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41-4401, the Consultant and its subcontractors warrant compliance with all federal immigration laws and regulations that relate to their employees and their compliance with the E-verify requirements under ARIZ. REV. STAT. § 23-214(A). Consultant’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town. 13.18 Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 13.19 Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, the Proposal, any Town-approved invoices, and the RFP, the documents shall govern in the order listed herein. 13.20 Non-Exclusive Contract. This Agreement is entered into with the understanding and agreement that it is for the sole convenience of the Town. The Town reserves the right to obtain like goods and services from another source when necessary. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] “Contractor” , By: Name: Title: “Developer”, Agrees to Section 3, “Compensation”, Section 4, “Payments” above, and Exhibit B, Section 2, “Payment Structure” , By: Name: Title: EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Consultant’s Proposal] See following pages. Town of Fountain Hills Admin-Procurement Robert Durham, Procurement Officer 16705 E. Avenue of the Fountains, Fountain Hills, AZ 85268 PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services RESPONSE DEADLINE: January 25, 2022 at 5:00 pm Report Generated: Wednesday, February 16, 2022 Shums Coda Associates Proposal CONTACT INFORMATION Company: Shums Coda Associates Email: marketing@shumscoda.com Contact: Christine Godinez Address: 5776 Stoneridge Mall Road, Suite 150 Pleasanton, CA 94588 Phone: N/A Website: www.shumscoda.com Submission Date: Jan 25, 2022 1:43 PM PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 2 ADDENDA CONFIRMATION No addenda issued QUESTIONNAIRE 1. Certification By confirming questions under this section, the Vendor certifies: NO COLLUSION* The submission of the SOQ did not involve collusion or other anti-competitive practices. Confirmed NO DISCRIMINATION* It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246. Confirmed NO GRATUITY* It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gi ft, loan, gratuity, special discount, trip favor or service to a Town employee, officer or agent in connection with the submitted SOQ. It (including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee, elected officials, the Town Manager, Department Heads, and other Town staff unless such person is designated as a Town Representative. All contact must be addressed to the Town’s Procurement Agent, except for questions submitted as set forth in RFQ Submission Process section Inquiries. Any attempt to influence the selection process by any means shall void the submitted Proposal and any resulting Agreement. PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 3 Confirmed FINANCIAL STABILITY* It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the Agreement. Confirmed NO SIGNATURE/FALSE OR MISLEADING STATEMENT* The signature on the cover letter of the SOQ and the Vendor Information Form is genuine and the person signing has the authority to bind the Vendor. Failure to sign the SOQ and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted SOQ and any resulting Agreement. Confirmed PROFESSIONAL SERVICES AGREEMENT* In addition to reviewing and understanding the submittal requirements, it has reviewed the attached sample Professional Services Agreement including the Scope of Work and other Exhibits. Confirmed REFERENCE CHECKS* References will be checked, and it is Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the Town’s representative to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. Inability of the Town to verify references shall result in the Proposal being c onsidered non-responsive. Confirmed PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 4 2. Vendor Proposal GENERAL INFORMATION* A. One page cover letter as described in the section titled "RFQ Submission Process ", the subsection titled "Required Submittal". B. Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, identification number and legal form of the Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation. Provide the name, address and telephone number of the person to contact concerning the SOQ. C. Identify the location of the Vendor’s principal office and the local work office, if different from the principal office. D. Provide a general description of the Vendor that is proposing to provide the Services, including years in business. E. Identify any contract or subcontract held by the Vendor or officers of the Vendor that has been terminated within the last five years. Briefly describe the circumstances and the outcome. F. Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome. SCA_FountainHills_Proposal.pdf EXPERIENCE AND QUALIFICATIONS OF THE VENDOR* Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other e ntities of a similar size to the Town, specifically relating experience with respect to plan checks/building inspections. A. Vendor must demonstrate successful completion of at least three similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least three organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information: PROPOSAL DOCUMENT REPORT RFQ No. 2021-RFQ-008 Plan Check/Building Inspection Services PROPOSAL DOCUMENT REPORT Request for Qualifications - Plan Check/Building Inspection Services Page 5 1. Name of company or organization. 2. Contact name. 3. Contact address, telephone number and e-mail address. 4. Type of services provided. 5. Dates of contract initiation and expiration. SCA_FountainHills_Proposal.pdf KEY POSITIONS* A. Identify each key personnel member that will render services to the Town including title and relevant experience required, including the proposed Project Manager and Project Engineer. B. Indicate the roles and responsibilities of each key position. Include senior members of the Vendor only from the perspective of what their role will be in providing services to the Town. C. If a subcontractor will be used for all work of a certain type, include information on this subcontractor. A detailed plan for providing supervision must be included. D. Attach a résumé and evidence of certification, if any, for each key personnel member and/or subcontractor to be involved in this project. Résumés should be attached together as a single appendix at the end of the Proposal and will not count toward the Proposal page limit. However, each resume shall not exceed two pages in length. SCA_FountainHills_Proposal.pdf PROVIDE DOCUMENTATION ON EACH PLAN REVIEW AND INSPECTOR SHOWING CERTIFICATIONS FOR AREAS OF RESPONSIBILITY* SCA_FountainHills_Proposal.pdf PROJECTED REVIEW TIME NECESSARY TO COMPLETE PROJECT REVIEW?* Information provided in SOQ file The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20- 4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 8 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 9 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 11 Appendix Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water- Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20- 4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 8 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 9 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 11 Appendix Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water- Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20- 4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 8 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 9 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 11 Appendix Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water- Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 0 Table of Contents Cover Letter .................................................................................................................................................. 1 General Information ................................................................................................................................. 2 - 3 Experience and Qualifications ................................................................................................................. 4 - 5 Key Positions ................................................................................................................................................ 6 Project Review Timeline ............................................................................................................................... 7 Certifications ............................................................................................................................................ 8 - 9 Appendix .............................................................................................................................................. 10 - 31 The Town of Fountain Hills Shums Coda Associates Plan Check/Building Inspection Services 1 Cover Letter December 30th, 2021 Rob Durham Procurement Administrator 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 RE: 2021-RFQ-008; RFQ for Plan Check/Building Inspection Services Thank you for the opportunity to present this proposal to provide Plan Check/Building Inspection Services; it is a pleasure to submit our qualifications to the Town of Fountain Hills. We are confident that Shums Coda Associates (SCA) is the firm that has the personnel, experience, and attitude that will be required to successfully provide these “as-needed” services to the Town of Fountain Hills. We are committed to a vision of service excellence that we believe the Town of Fountain Hills shares. Our firm continually receives exceptional reviews from our jurisdictional clients, as well as design professionals, developers and contractors from all size projects and varying complexities. Positive interactions related to our work product is centered in our desire to be more than a mere consultant plan review, inspection, and permit processing firm, but rather a contributing partner, functioning as an extension of Town’s staff. We look to see that projects are successfully completed, on time, within budget, and a reflection of the Town’s codes, ordinances procedures, policies, and directives. A key in those efforts is the ability to create a solid working relationship with your jurisdiction to assist with all aspects outlined in the RFQ document. SCA understands the scope of services to be provided extends beyond technical code expertise, and why our team’s overall ability and qualifications will exceed the minimums being requested; which in turn makes us a good fit to meet the Town’s desires to relieve the peaks in overall projects under review or inspection. The following SOQ will highlight key features and distinguishing points of the SCA team that will assist in this undertaking. SCA was founded on the principal of assisting our municipal partners with staff augmentation and developmental services related to construction review, permitting, inspections and documentation procedures. SCA is committed and ready to provide you with the same care and standard of technical excellence that has been the hallmark of our work since our inception. We intend to provide primary services from our Arizona regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395, with additional support staff being provided from our headquarters and other regional offices. If SCA is fortunate enough to be awarded this contract, we intend to meet and confer with the Town of Fountain Hills’s management team to determine the proper members of our staff needed to complete the services outlined in the RFQ. We will perform the services and adhere to the requirements described in this RFQ. Our team looks forward to answering any additional questions you may have about our firm after you have reviewed this response to the request for qualifications. Sincerely, David Basinger, Architect Christine Godinez Principal/President/CEO COO/Secretary david.basinger@shumscoda.com christine.godinez@shumscoda.com (925) 413-5626 (Cell) (925) 463-0651 (Main Line) Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 2 General Information Shums Coda Associates, Inc., is legally defined as a S-Corporation. Our Federal Tax ID number is 20- 4574991. Our corporate headquarters (principal office) is located at 5776 Stoneridge Mall Road, Suite 150, Pleasanton, CA 94588. We have additional offices at the following locations: • Arizona local regional office at 1616 North Litchfield Road, Suite A-210, Goodyear, AZ 85395 • Northern California - 6381 Auburn Boulevard, Suite H, Citrus Heights, CA 95621 • Southern California - 5208 Weymouth Way, Oceanside, CA 92057 • Northern Utah - 5782 South 920 East, Murray, UT 84121 • Southern Utah - 2284 East 3400 South Street, St. George, UT 84790 • Nevada - 1916 Summit Pointe Drive, Las Vegas, NV 89117 • Colorado – 4610 South Ulster Street, Suite 150, Denver, CO 80237 The following corporate officers are authorized to make these representations on behalf of Shums Coda Associates, the contacts concerning this SOQ, and are located in our corporate headquarters (physical address above): • David Basinger, Principal/President/CEO (Arizona licensed Architect #57859) david.basinger@shumscoda.com (925) 413-5626 (Cell) • Christine Godinez, COO/Secretary christine.godinez@shumscoda.com (925) 463-0651 (Main Line) Shums Coda Associates was established in 2006 (16 years of business in March, 2022), by licensed building professionals with multiple decades of municipal consulting experience. Our core services are building life-safety code reviews, inspections and administrative staffing, on behalf of only jurisdictional clients. We review and inspect all facets of design construction related to code minimums and local amendments, such as: architectural, accessibility, structural, fire-safety, energy, sustainability, mechanical, electrical and plumbing; and have staff to assist with the intake, recording and permitting of construction documents. By selecting Shums Coda Associates, the Town of Fountain Hills will receive an experienced, knowledgeable team with a proven track record of outstanding service. In providing these services, our priority is to be a seamless extension of your staff. We therefore commit to being available for code consultations, on-time delivery of services, and providing cost-effectiveness to the Town through the utilization of focused staff augmentation. We are comprised of licensed architects, engineers, contractors and I.C.C. Certified personnel that have a wealth of code knowledge and experience in design or construction related fields. SCA believes that an understanding of how buildings are designed and constructed is an important element to providing effective code comments that are based on the realities of practical construction. SCA preaches this to our staff and encourages continuing education to maintain our understanding of the ever-changing code requirements and amendments. We have seen there can be a great deal of interpretation applied to how requirements are enforced, so SCA staff continues to find value in learning the history and intent of code language to assist with accurately applying it to our review and inspections (with final determinations clearly coming from the Town staff). Shums Coda Associates takes this commitment to code content further, as we continue to expand our involvement in various code training and education offerings. For example, SCA continues to participate in the AZBO Education Board and training and provide similar roles and leadership to the Southern Nevada ICC EduCode training event, Utah ABM and Chapter training, and the Sacramento Valley Association of Building Official Minstitute annual event. At the end of 2020, Shums Coda Associates was Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 3 General Information also fortunate to acquire the Colorado Code Consulting company that was owned by Mr. Steve Thomas, who provides national education and training offerings throughout the United States. This demonstrates SCA’s commitment to knowledge through education with all things related to the model Building Codes. Our belief is that code should be understood by our staff to a level where they can explain to our clients (and their applicants), as well as the how and why it applies to their specific project. We strive to meet this level with our reviews and inspections, and we continue to offer on-line, or in-person training, to improve that code understanding internally with our staff and the industry. With regional offices throughout Arizona (Goodyear), California (Sacramento/Oceanside), Nevada (Las Vegas), Utah (St. George/Murray) and Colorado (Denver), you will find SCA has nearly one-hundred employees available to assist the Town of Fountain Hills with plan review and inspection needs outlined in the RFQ. Our preference is to utilize local staff to provide the plan review services, but with the Coronavirus pandemic, we have expanded our electronic plan review capacity to be able to review projects from any of our offices. This will mean that we can provide even greater degree of expertise for unusual systems related to structural, mechanical, plumbing or electrical, as well as accessibility or sustainability reviews. It also affords us the ability to utilize staff from all locations to ensure that reviews are completed on timelines established by the Town. We have been providing electronic plan reviews for many years now, and are comfortable with reviewing plans under several formats. We have also provided inspection services via electronic devices, and are capable of completing inspections remotely, or via drone, if desired by the Town. SCA looks forward to continuing that discussion related to software, hardware and process the Town uses currently (or would like to implement), as part of our next step in this response to the RFQ. Our standard plan review and inspections result in lists of comments which refer to specific detail, drawing or location in the building, and reference applicable code sections for each item cited. We prefer (if allowed by the Town policies) to expedite or clarify plan review items by contacting the applicant/designers and communicating directly, using the most advantageous media available, to resolve issues. Similarly, we encourage our inspectors to be available for contractor/owners to answer the phone calls of clarification for specific correction items. In today’s development climate a brief phone call, or a thirty-minute online meeting can save weeks of back-and-forth delays to obtain minimum code compliance and approvals. We understand that there can be limitations in the applicant’s technology or jurisdictional inter-department review process, which sometimes prohibit these methods from being implemented with every project. With either approach being implemented, SCA understands and intends to route all communication/comment letters (first or concurrently) through Town of Fountain Hills, as directed by your staff. All reviewed and approved documents shall be returned to the Town after the plan review or inspection process is completed, and input into the tracking software as directed by Fountain Hills staff. This should demonstrate Shums Coda Associates experience with the plan review and inspection services outlined in the Fountain Hills RFQ. We are a large enough corporation, that we do not typically utilize any sub-consultants to complete these services, and do not anticipate using any for the services requested. We will also note that in our nearly sixteen years of business, we have not had any contract or subcontract terminated. Further, we have had no claims arising from a contract that resulted in litigation or arbitration since our inception as a corporation. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 4 Experience and Qualifications Shums Coda Associates provides services similar to those outlined in the RFQ, to over 100 jurisdictions in ten states across the Country (AZ, CA, NV, UT, CO, TN, MN, ID, WA and WY). However, per the instructions provided, we provide the following three jurisdictions that examples of municipalities similar in size to Fountain Hills and/or similar in types of plan reviews and inspection services being requested (although Casa Grande demonstrates the versatility of our team to review large-scale projects in predominately residential/commercial retail City): Project Name Buckeye – plan review and inspection services Name of Company or Organization City of Buckeye Contact Name Mike Izzo, CBO Contact address, Telephone Number and Email 530 E. Monroe Ave., Buckeye, AZ 85326 (623) 349-6200 (main) mizzo@buckeyeaz.gov Type of Service Provided Residential, commercial, industrial and educational plan reviews and inspection services, with some fire reviews, and providing an Acting Building Official Date of Contract initiation and expiration 2017 – present Description of Project. Provided Acting Building Official, that was eventually hired as current CBO; provided plan review and inspection services during the period were Buckeye was the second fastest growing jurisdiction in the US. Significant project plan reviews set-up to hold meetings with applicants to explain comments and provide additional directions to approve larger plan reviews in two cycles. More significant projects are FiveBelow and Ross distribution centers, three new school projects, APS West Valley facilities and new City Police Training Facility. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 5 Experience and Qualifications Project Name Cherry Hills Village – plan review and inspection services Name of Company or Organization Cherry Hills Village Contact Name Paul Workman, Planning Manager Contact address, Telephone Number and Email 2450 E. Quincy Ave., Cherry Hills Village, CO 80113 (303) 783-2721 pworkman@cherryhillsvillage.com Type of Service Provided Building plan review and inspection services Date of Contract initiation and expiration 1994 – 2019 (as Colorado Code Consulting), and 2019 – present (recently renewed under SCA) Description of Project. Provide large-scale residential plan review and inspections for a predominantly residential community of custom homes (usually over 5,000-sq. ft. in size). Project Name Casa Grande - Lucid Electric Car Manufacturing Facility Plan Review (Phases 1 and 2) Name of Company or Organization City of Casa Grande Contact Name Brian Tardif, CBO Contact address, Telephone Number and Email 510 E. Florence Blvd., Casa Grande, AZ 85122 (520) 421-8630 (main) Brian_Tardif@casagrandeaz.gov Type of Service Provided Building and Fire Plan Review Date of Contract initiation and expiration 2019 – expected to continue to completion of project sometime in 2023 Description of Project. +3 million sq. ft. of new auto manufacturing, offices, café/break/conference and hazardous materials, as well as site development, fire sprinkler and alarm reviews, with AMMR’s and weekly review meetings with City, contractors and design team to streamline reviews and assure complete re-submittals. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 6 Key Positions SCA will utilize our local Arizona staff to fill key personnel roles requested in the RFQ. Our Arizona Regional Manager, Ms. Barbara Rice, CBO/FM, will serve as the local point of contact and Project Manager for the Fountain Hills services. Further, our CEO and Arizona licensed architect, Mr. David Basinger and our COO, Ms. Christine Godinez, will be additional points of contact for technical assistance (as needed) and contract/invoicing information. The day-to-day team is proposed to be as follows: A. Support Team – Justine Cornelius, Lisa O’Malley will be the primary and local plans examiner managers for Fountain Hills. We will also utilize senior plans examiners Martin Haeberle, Tom Haney and Myron Williams as additional review team members for Fountain Hills, as they have all provided extensive plan reviews in the Valley of the Sun for decades. All of these staff members are full-time employees of SCA. B. Additional Support staff – Although all of the Shums Coda Associates family will be collectively available to provide these services to Fountain Hills, we anticipate (as is our preference) to primarily utilize our systems specific plan review team for additional plan review support. Therefore, David Logsdon, Russ Mora or Dean Kuenzi are available for electrical systems review. We have Jason Van Ausdal and Jody Hilton to review mechanical and plumbing systems, and Hope Media or Gil Rossmiller to assist with energy compliance issues. Finally, we have a large structural engineering team to assist on engineering issues, headed by our Project Engineer Kurt McMullin, and additional engineer plan check staff of Su Fong, Mariam Umair or Ryan Loh. C. SCA does not anticipate utilizing any subcontractor for any of the proposed services in the RFQ. D. We will provide additional resume/certifications for the rest of our staff and key inspectors for the Fountain Hills work. We have not designated a specific inspector currently for these services, as we would need to discuss number of inspection hours needed for the services, and what would be considered appropriate certification and experience for our inspection team. SCA would then select from our local team the personnel that we believe would be a good fit for inspections, and anticipate an interview from Town staff prior to assigning them to complete the work. It is our belief that working within the jurisdiction requires an understanding of the role and acceptance by the Town staff they will interact with, prior to ever completing an inspection. Inspections are all conducted by ICC certified inspectors. The inspections will be completed within one business day from the time we receive the request. We believe in being service oriented and not the building police. We will work with the contractors and homeowners to bring a building into compliance with the applicable code whenever we can. It is our philosophy that inspections are educational opportunities to explain the purpose of the code and why certain things are required by the code. We will spend additional time explaining the purpose of a code requirement whenever necessary. Our inspectors provide their cell phone numbers to the contractors and homeowners if a question arises in the field. It is important the lines of communication are maintained open. We want to do whatever we can to ensure safe buildings while helping to get project completed on time and under budget. We pride ourselves on being problem solvers and not problem makers. Our goal is to get to yes and comply with the intent of the code. SCA will provide emergency disaster response when required. We will utilize the ATC-20 rapid assessment process to evaluate the habitability of a structure. We will post the property with the appropriate placard to indicate whether the building can be occupied or not. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 7 Project Review Timeline SCA’s plan review reports will reference sheets and code sections that are applicable form each comment. We would typically email the electronic reviews to the Town for distribution to the applicant, but we can also directly/simultaneously provide the owner, contractor, architect and/or the engineer with the same electronic list of items needing correction. Our comment lists should be self-explanatory, but our review team will remain available during working hours (and often off-hours) to provide any additional clarification/discussion needed of the applicable building code section, ordinances, or regulation. We will provide a similar list at each cycle of the review process, but typically most reviews are resolved in one or two cycles, with perhaps a quick third review of a remaining comment (or two). When a review remains extensive at a third (or longer) review cycle, SCA staff will reach out to the Town of Fountain Hills staff to discuss the overall items of concern and look for direction on any alternative methods to keep the project review moving in a positive direction. With these difficult reviews, SCA is not opposed to online video conferences to share and discuss the code concerns with the Town of Fountain Hills’s staff and the applicant – hopefully to assist in receiving a more complete resubmittal with the next review. With each review cycle, SCA will provide a cover letter/transmittal that includes the following information: • The address, Town permit number, description, use, and type of construction. • A list of all plans and documents received for review and the associated dates they were received. Once the final plan review is completed and ready for approval, SCA will electronically stamp the plans and the supporting documents and return them to the Town, along with our letter of completion. It should be noted that our approval stamp can be modified to suit the desired information needed by the Town of Fountain Hills. Shums Coda is proficient in many various electronic plan review and web-based tools. We typically utilize the Bluebeam product for our reviews but can provide our review comments on any of the other comparable platforms, and even embed the comments into the electronic plan sheets (if desired). SCA would look to the Town of Fountain Hills to provide guidance on the preferred method of electronic comments to be received. However, it should be noted that SCA can also review paper plans when submitted. In those instances, we would provide courier to pick-up and drop-off the plans at the Town offices (as needed). Type of Plan Review Timeframes Initial Review Recheck Single-Family 7-10 business days 5 business days Multi-Family 10-15 business days* 5 business days Commercial 10-15 business days* 7 business days* * Some project may require additional time because of size or complexity of the project; SCA would reserve the right to review those projects under a longer schedule when mutually agreed upon with the Town of Fountain Hills (prior to the beginning the review process). However, we pride ourselves to be able to customize our services to fit the Town’s needs and could potentially expedite reviews when requested. Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 8 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 9 Certifications Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 10 Appendix David Basinger, Architect Principal / CEO Education Bachelor of Architecture (with an emphasis on urban redevelopment), California Polytechnic State University at San Luis Obispo Licenses & Certifications Registered Architect, State of California, License No. C25605 Registered Architect, State of Arizona, Registration No. 57859 Registered Architect, State of Nevada, License No. 7116 Registered Architect, State of Utah, License No. 10180242-0301 Registered Architect, State of Colorado, License No. 406323 Registered Architect, State of Hawaii, License No. 17696 Registered Architect, State of Washington, License No. 12600 NCARB Certified, No. 77371 ICC Building Plans Examiner Memberships A.I.A. Member PROFFESSIONAL SUMMARY David Basinger is a licensed Architect in multiple States and is the original founder of Shums Coda Associates in 2006. David has over 30 years of professional experience associated with architectural design and as a building code and life-safety plans examiner. PROFESSIONAL EXPERIENCE Principal/ CEO ------------------------------------------------------ 2006 - Present Shums Coda Associates, Pleasanton, CA Manages plan review, inspections and permitting services for numerous complex commercial, industrial, educational, medical, hazardous and a variety of multi-family residential construction projects. David has served as Acting Building Official or provided in-house plan review services for numerous jurisdictions in California, such as Mountain View, Fremont, Santa Clara, Sunnyvale, Menlo Park, Dublin, and Danville. Arizona Regional Office Manager --------------------------------- 2004 - 2006 Linhart Petersen Powers Associates, Phoenix, AZ Promoted to establish and serve as Arizona Regional Manager of the three separate company offices in Arizona: Phoenix, Tucson, and Window Rock. Provided assistance with large-scale plan review and inspection services, jurisdiction counter reviews and assistance, and special projects supervisor. Influential in taking the Arizona effort from a single client to over two dozen clients in a two-year period, managing eleven employees and three business lines. Senior Plans Examiner/Senior Associate ------------------------ 1991 - 2004 Linhart Petersen Powers Associates, Phoenix, AZ Provided plan reviews, and jurisdictional in-house/counter reviews and technical assistance for projects in California, Arizona, Nevada, Washington, and Idaho. Managed several large-scale developments as a project supervisor, and often provide code consultations for complex mixed- use/redevelopment or historical submittals. Served as primary manager for the jurisdictions of Mountain View, Danville and Dublin, California. Projects reviewed include campus designs for Microsoft, Veritas, Google, Alza Pharmaceuticals and other high-tech or bio-tech related businesses, as well as several mid-rise or high-rise multi-family complexes. Architect ----------------------------------------------------------------- 1989 - 1991 Linhart Engineering, Livermore, CA Completed architectural and structural engineering design for residential, commercial, and light industrial structures in the San Francisco Bay Area. Duties included design, drafting, structural calculations, building surveys, jobsite visits and structural reviews. Also performed field assessments of URM structures and equipment anchorage calculations for pumps, racks, and tanks. Shums Coda Associates Building Life-Safety Plan Review and Inspection Permit Technician Services Building Department Augmentation Fire Protection Engineering Civil Engineering Follow SCA on LinkedIn Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 11 Appendix Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 12 Appendix Team Member/ Job Title Certification / License / Affiliations Russell Adams, CBO Plans Examiner Building Inspector Education • Associate of Arts – Humanities, Santa Rosa Junior College, 2007 Licenses & Certifications • California Office of Emergency Services: Safety Assessment Program Coordinator • California Office of Emergency Services: Safety Assessment Program Evaluator • ICC Residential Mechanical Inspector • ICC California Commercial Building Inspector • ICC California Residential Building Inspector • ICC Commercial Building Inspector • ICC Residential Combination Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Plumbing Inspector • ICC California Residential Combination Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC California Residential Mechanical Inspector • ICC Residential Electrical Inspector • ICC California Residential Plumbing Inspector • ICC Plumbing Plans Examiner • ICC Permit Technician • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Plans Examiner • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC California Commercial Electrical Inspector • ICC California Commercial Mechanical Inspector • ICC California Combination Inspector • ICC California Commercial Combination Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC California Building Plans Examiner • ICC Fire Plans Examiner • ICC Commercial Energy Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Mechanical Code Specialist • ICC Building Code Specialist • ICC Permit Specialist • ICC Plumbing Code Specialist • ICC Building Codes and Standards Module • ICC Legal Module • ICC Management Module Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 13 Appendix Team Member/ Job Title Certification / License / Affiliations Troy Alvord Building Inspector Licenses & Certifications • ICC California Commercial Plumbing Inspector • ICC Combination Inspector - Legacy • ICC California Commercial Electrical Inspector • ICC Building Inspector • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Electrical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC California Commercial Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Mechanical Inspector • ICC California Residential Plumbing Inspector • ICC California Residential Building Inspector • ICC California Residential Mechanical Inspector • ICC California Commercial Combination Inspector • ICC California Residential Combination Inspector • ICC California Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Richard Ames, CBO Plans Examiner Building Inspector Education • Bachelor of Liberal Arts, Cal State Hayward/East Bay College of San Mateo Licenses & Certifications • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Official • ICC Plumbing Inspector UPC • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Building Plans Examiner • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector • ICC Fire Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Master Code Professional Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 14 Appendix Team Member/ Job Title Certification / License / Affiliations Herman “Gene” Ashdown, CBO Senior Building Inspector Education • Building Inspection Technology, Cosumnes River College, 1997-2001 • Bachelor of Arts in Health and Safety Studies, California State University, Sacramento, 1978- 1981 Licenses & Certifications • CALBO Building Official Certification • CA OES SAP Evaluator and Coordinator • ICC Mechanical Inspector UMC • ICC California Commercial Building Inspector • ICC Plumbing Inspector UPC • ICC California Residential Mechanical Inspector • ICC Plumbing Inspector • ICC California Commercial Plumbing Inspector • ICC California Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC California Residential Building Inspector • ICC California Residential Plumbing Inspector • ICC Building Inspector Alberto Barrios Marquez, PE MEP Plans Examiner Education • B.S., Mechanical/Electrical Engineering, University of Guadalajara, GDL., Jalisco, México, 1999 Licenses & Certifications • Professional Engineer, State of Colorado, License # PE.0041140 • Master Electrician, State of Colorado, License # ME.0026505 • Certified Spanish Translator/Interpreter • LEED AP BD+C, U.S. Green Building Council • ICC Building Plans Examiner • ICC Mechanical Plans Examiner • ICC Plumbing Plans Examiner Cedar Brannon Building Inspector Education • 18 hours of college credits, College of Southern Nevada, 1994 • Southern Nevada School of Real Estate, Las Vegas, NV, 2000 Licenses & Certifications • ICC Permit Technician • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Plumbing Inspector John Henry Brannon Building Inspector Education • Associate of Science, Computer Science, Dixie College, St George, Utah Licenses & Certifications • Building Inspector, State of Utah • Contractor, State of Utah • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Mechanical Plans Examiner • ICC Residential Plans Examiner • ICC Residential Mechanical Inspector • ICC Plumbing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Building Inspector • ICC Residential Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 15 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Bullock Utah Regional Manager Education • B.S., Business Administration, University of Phoenix, 1999 Licenses & Certifications • ICC Building Plans Examiner • ICC Combination Inspector • ICC Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector Corey Bundy, CBO Building Inspector Plans Examiner Education • Utah Seismic Safety, Commission Safety Assessment Program Certification • State of Utah Department of Commerce Active Licensure Licenses & Certifications • ICC Building Inspector • ICC Certified Building Official • ICC Combination Inspector • ICC Mechanical Inspector UMC • ICC Fire Inspector I • ICC Accessibility Inspector/Plans Examiner • ICC Combination Inspector - Legacy • ICC Commercial Energy Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Fire Plans Examiner • ICC Building Plans Examiner • ICC Building Code Specialist • ICC / AACE Property Maintenance and Housing Inspector • ICC Zoning Inspector • ICC Permit Technician • ICC Permit Specialist • ICC Fire Inspector II • ICC Fire Code Specialist • ICC Master Code Professional • ICC Commercial Combination Inspector Randall “Randy” Capra, FPE Fire Code Plans Examiner Education • B.S. in Business, Bellevue University, Omaha, NE, 2010 • Associates in Fire Sciences, Red Rocks Community College, Lakewood, CO, 2006 Licenses & Certifications • Fire Protection Engineering Technology Fire Alarm Systems-National Institute for Cert. in Engineering Technology (NICET) Level 1 • Fire Protection Engineering Technology Automatic Sprinkler System Layout – NICET Level 1 • Fire Protection Engineering Technology Special Hazards Suppressions Systems – NICET Level 1 • Fire Protection Engineering Technology Inspection and Testing of Water- Based Systems – NICET Level 1 • National Fire, Arson, & Explosion Investigation Training – NAFI Certified • Fire Officer II, State of CO Division of Fire Safety • Fire Instructor, State of CO Division of Fire Safety • National Fire Academy and FEMA Classes • ICC Fire Plans Examiner • ICC Fire Inspector II Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 16 Appendix Team Member/ Job Title Certification / License / Affiliations Erin Carroll, EIT Plan Check Engineer Education • B.S, Industrial Engineering, Clemson University, Clemson, SC Licenses & Certifications • Registered Engineer in Training State of Maryland, No. 50013 Sheri Cerise Fire Code Plans Examiner Licenses & Certifications • ICC Permit Technician Tracy Christensen Building Inspector Licenses & Certifications • Combination Inspector, State of Utah, License # 330601-5601 • ICC Residential Electrical Inspector • ICC Commercial Combination Inspector William “Bill” Clayton, CBO Plans Examiner Building Inspector Instructor Code Consultant Education • General Studies and Agriculture, Clackamas Community College, Oregon City, OR • General Studies, Physical Education & Music, Mt. Hood Community College, Gresham, OR Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Building Inspector • ICC Certified Building Official • ICC Plumbing Inspector • ICC Residential Fire Sprinkler Inspector/Plans Examiner • ICC Building Plans Examiner • ICC /AACE Property Maintenance and Housing Inspector • ICC Plumbing Inspector UPC • ICC Building Code Official • ICC Accessibility Inspector/Plans Examiner • ICC Housing Code Official • ICC Residential Energy Inspector/Plans Examiner • ICC Mechanical Inspector • ICC Building Code Specialist Michael “Mike” Coldiron, CBO Senior Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Permit Technician • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Structural Steel and Bolting Special Inspector • ICC Combination Inspector - Legacy • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Electrical Code Official • ICC Certified Building Official • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Commercial Combination Inspector • ICC Combination Inspector • ICC Building Code Official • ICC Electrical Inspector • ICC Residential Plans Examiner • ICC Permit Specialist • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Energy Inspector/Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 17 Appendix Team Member/ Job Title Certification / License / Affiliations James “Jim” Conway Electrical Inspector Education • Soares Grounding – 1999, 2005-2007 • One- & Two-Family NEC – 1999-2017 • Photovoltaic Power System – 1994, 1997-2005 • Mountain States Employers Council, Inc. – 1997 • Management & Supervisory Classes-City & County of Denver – 1986-1987 • International Fire Code Institute – 2006-2007 Licenses & Certifications • Master Electrician, Colorado License, ME 2327 Brian Cook, MCP, CBO Plans Examiner Licenses & Certifications • Master Electrician, State of Colorado, License No. ME.0026247 • Journeyman Electrician, State of Colorado, License No. JW.0101271 • ICC Commercial Combination Inspector • ICC Commercial Energy Inspector • ICC Residential Building Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Residential Combination Inspector • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Electrical Plans Examiner • ICC Electrical Inspector • ICC Commercial Mechanical Inspector • ICC /AACE Property Maintenance and Housing Inspector • ICC Residential Electrical Inspector • ICC Building Plans Examiner • ICC Master Code Professional • ICC Combination Inspector • ICC Commercial Electrical Inspector • ICC Certified Building Official • ICC Commercial Plumbing Inspector • ICC Commercial Energy Plans Examiner • ICC Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Residential Plans Examiner Justine Cornelius Building Inspector Plans Examiner Licenses & Certifications • ICC Permit Technician • ICC Building Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Structural Masonry Special Inspector • ICC Residential Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 18 Appendix Team Member/ Job Title Certification / License / Affiliations Matthew Coyle Building Inspector Education • Wilrick Institute of Technology • Carpenters Apprenticeship Training CTCNC Licenses & Certifications • Certified Welding Inspector (CWI), American Welding Society (AWS), Cert. No. 11121141 • ACI Concrete Field Testing Technician – Grade I, American Concrete Institute, Certification ID: 01212973 • ICC Structural Steel and Bolting Special Inspector • ICC Reinforced Concrete Special Inspector • ICC Mechanical Plans Examiner • ICC Structural Masonry Special Inspector • ICC California Commercial Building Inspector • ICC California Residential Electrical Inspector • ICC California Commercial Electrical Inspector • ICC Electrical Plans Examiner • ICC California Building Plans Examiner • ICC Prestressed Concrete Special Inspector • ICC Electrical Inspector • ICC Combination Inspector Elvin “Chuck” DeVorss, CBO Plans Examiner Education • Associates of Science – Construction Inspection, Pasadena City College, 1994 • Certificate – Building Inspection and Plan Review, University of Nebraska Licenses & Certifications • ICC Reinforced Concrete Special Inspector Legacy • ICC Certified Building Official • ICC Building Plans Examiner • ICC Building Inspector • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Commercial Electrical Inspector • ICC Plumbing Inspector • ICC Commercial Building Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Electrical Inspector • ICC Combination Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Inspector • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Master Code Professional • ICC Structural Masonry Special Inspector • ICC Electrical Inspector • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 19 Appendix Team Member/ Job Title Certification / License / Affiliations Alan Ellis, CBO Nevada Client Liaison Manager Education • MBA, University of Phoenix, Las Vegas, NV, 2004 • B.A., Social Science, Michigan State University, East Lansing, MI, 1977 Licenses & Certifications • Fire Inspector, Uniform Fire Code Association • Fire Inspector, International Fire Code Institute • Fire Inspector III, NFPA issued by the Office of the Nevada State Fire Marshal • Plans Examiner II, NFPA issued by the Office of the Nevada State Fire Marshal • Fire Inspector II, Office of the Nevada State Fire Marshal • Fire Inspector I, Office of the Nevada State Fire Marshal • Medical Gas Inspector – National Pipefitters Council • ICC Certified Building Official • ICC Fire Inspector II • ICC Building Inspector • ICC Building Plans Examiner • ICC Building Code Specialist Rouhi El-Rabaa, PE, CASp Plan Check Engineer Education • Bachelor’s in Civil Engineering, California State University, Los Angeles Licenses & Certifications • Professional Civil Engineer, State of California, License # 92565 • Certified Access Specialist (CASp), Cert # CASp-973 • ICC Building Plans Examiner Ali Fatapour, PE, CBO Interim Building Official Education • M.S., Structural Engineering – California State University, San Jose • B.S., Civil Engineering – California State University, San Jose Licenses & Certifications • Professional Civil Engineer, State of California, No. C40671 • ICC Certified Building Official • ICC Building Plans Examiner Jeffrey Finn, SE Education • B.S. Civil and Environmental Engineering, Cornell University, Ithaca, NY, 1985 • M.E. (Civil), Structural Emphasis Cornell University, Ithaca, NY, 1986 Licenses & Certifications • Professional Structural Engineer, State of Arizona, No. 50541 • Professional Structural Engineer, State of Nevada, No. 22503 • NCEES Model Law Structural Engineer, No. 39782 Su Fong, PE Plan Check Engineer Education • M.S. Civil Engineering, San Jose State University, 2014 • B.S. Architectural Engineering, California Polytechnic State University, 2011 Licenses & Certifications • Professional Civil Engineer, State of California, No. 89055 (expires 09/30/2022) • ICC Building Plans Examiner William “Bill” Gardner Elevator Inspector Education • B.S., Business Administration – University of S. Dakota Licenses & Certifications • NAESAI QEI Certification, State of Colorado, No. C-2041 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 20 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Gesualdo Building Inspector Licenses & Certifications • Master Electrician, Clark County, NV • ICC Commercial Building Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Residential Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Plumbing Inspector • ICC Residential Plumbing Inspector Roger Gier, CBO Nevada Client Liaison Manager Education • B.S., Business Administration, University of Phoenix, Las Vegas NV, 2001 Licenses & Certifications • ICC Certified Building Official • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Combination Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Plumbing Inspector UPC • ICC Building Inspector • ICC Commercial Combination Inspector Martin Haeberle, CBO Senior Building Inspector Plans Examiner Chief Building Official Education • ADA Coordinator, University of Missouri • Commercial/Residential Heating Ventilation and Refrigeration Systems - Kansas City Technical College Licenses & Certifications • FEMA Emergency Management Certification • Building Inspector License, State of Utah. No. 6597488-5602 • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Commercial Electrical Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Residential Plumbing Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist Tom Haney, FPE, CBO Plans Examiner Manager Licenses & Certifications • Fire Protection Engineer, State of California, No. 1926 • Building Official • Mechanical Inspector • Residential Mechanical Inspector • Building Inspector • Plumbing Inspector • Building Inspector UBC • Mechanical Inspector UMC • Plumbing Inspector UPC Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 21 Appendix Team Member/ Job Title Certification / License / Affiliations Patrick Haniger Building Inspector Education • Building Technology Certificate, College of San Mateo • A.S., Building Technology College of San Mateo Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Commercial Electrical Inspector • ICC Residential Building Inspector • ICC Mechanical Inspector UMC • ICC Commercial Building Inspector • ICC Building Inspector Landan Hansen Building Inspector Plans Examiner Education • Snow College, Ephraim Utah, 2005 Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Mechanical Inspector • ICC Commercial Electrical Inspector • ICC Commercial Mechanical Inspector • ICC Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Plumbing Inspector • ICC Commercial Combination Inspector • ICC Building Inspector Jeff Hedman, SE Plans Check Engineer Education • B.S Civil Engineering, University of Utah • AA, General Studies, Dixie State University Licenses & Certifications • Professional Structural Engineer, State of Utah, License # 5338635-2203 Jody Hilton, CBO Chief Building Official Plans Examiner Manager Education • ICBO Plans Building Code Class’s Salt Lake Community College • Examiner Class, Whittier, California • Utah Valley Community College Licenses & Certifications • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Building Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Combination Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Electrical Inspector Richard “Rick” Hollander Building Inspector Education • IAEI Training Seminars Licenses & Certifications • ICC Electrical Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 22 Appendix Team Member/ Job Title Certification / License / Affiliations Cody Illum Building Inspector Licenses & Certifications • ICC Commercial Mechanical Inspector • ICC Residential Electrical Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Commercial Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Nicole Johnson Permit Technician Education • Bachelor’s Degree: Geography, Urban & Metropolitan Planning, California State University, 2015-2017 • Los Rios Community College 2013-2015, Transfer degree received Licenses & Certifications • ICC Permit Technician Vincent “Vince” Juanitas Building Inspector Licenses & Certifications • ICC Residential Building Inspector • ICC Residential Plumbing Inspector Daniel “Dan” Kishpaugh Senior Plans Examiner Education • Bachelor’s degree, History - University of Nevada, Reno, 1983 • Plan Review Institute - Whittier, California, 1996 • Building and Fire Code Plan Review - National Fire Academy, 1999 • Fire Structures and Systems Course - National Fire Academy, 2001 • Building Official’s Institute - Portland, Oregon, 2004 Licenses & Certifications • ICC Mechanical Inspector UMC • ICC Plumbing Inspector UPC • ICC Electrical Inspector • ICC Building Plans Examiner Terry Knox, MBA Director, Business Development Education • Master of Business Administration – Construction Management • Bachelor of Science - Construction Building Inspection Technology, Business Administration • Structural Engineers Association -Methodology • Associate of Arts- Housing Inspection Awards • Helen Putnam Award for Excellence for Government Efficiency and Responsiveness • California Building Official (CALBO) Hall of Fame Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 23 Appendix Team Member/ Job Title Certification / License / Affiliations Dean Kuenzi, CBO Plans Examiner Building Inspector Education • A.S. Degree in Energy Systems – Photovoltaics, Diablo Valley College, Pleasant Hill, CA, June 2014 • B.S. Degree, Colorado State University – Global, January 2019 – Present (Expected 2022) Licenses & Certifications • NABCEP Entry Level Certification (Photovoltaic) • Post-Disaster Safety Assessment Program (SAP) • ICC Commercial Electrical Inspector • ICC Combination Inspector • ICC Commercial Energy Plans Examiner • ICC Residential Plans Examiner • ICC Commercial Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Fire Plans Examiner • ICC Residential Mechanical Inspector • ICC Master Code Professional • ICC Certified Building Official • ICC Building Plans Examiner • ICC Fuel Gas Inspector • ICC Residential Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Mechanical Inspector • ICC Plumbing Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Code Specialist • ICC Plumbing Code Specialist • ICC Residential Combination Inspector • ICC Commercial Combination Inspector David Logsdon Plans Examiner Licenses & Certifications • Maryland Statewide Master Electrician License, State of Maryland • Safety and Health Practitioner, State of Nevada Division of Industrial Relations • Certified Electrical Inspector: Residential and Commercial, State of Maryland • Associated Builders and Contractors- Electrical 4-year Program • ICC Residential Electrical Inspector, Certification # 5317382-E1 • ICC Electrical Plans Examiner, Certification # 5317382 • ICC Commercial Electrical Inspector, Certification # 5317382-E2 • ICC Electrical Inspector, Certification # 5317382 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 24 Appendix Team Member/ Job Title Certification / License / Affiliations Jerry Long Building Inspector Plans Examiner Education • B.S Industrial Technology, University of Wisconsin – Stout • Ski Area Management Leadership Training, Colorado Mountain College Licenses & Certifications • ICC Building Inspector • ICC Residential Mechanical Inspector • ICC Commercial Plumbing Inspector • ICC Residential Building Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Building Plans Examiner • ICC Residential Plumbing Inspector • ICC Plumbing Inspector • ICC Mechanical Inspector Xin Lui, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, University of Maryland, College Park, MD • B.S., Fire Protection Engineering, State Key Laboratory of Fire Science, University of Science and Technology of China Licenses & Certifications • Registered Professional Engineer, State of California, NO. 1698 Alain Mamada, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.T Mechanical Engineering University of Johannesburg Licenses & Certifications • Registered Professional Engineer State of California. No. 1935 James “Jim” McGinley Building Inspector Education • Bachelor of Science Degree, Business Administration/ Marketing, San Diego State University • Construction Practices and Procedures, San Jose State University College of Extended Studies • Certificate of Proficiency in Concrete Construction Inspection, San Diego State University College of Extended Studies Licenses & Certifications • ICC Building Inspector Kurt McMullin, PE, Ph. D Plan Check Engineer Education • PhD, Civil Engineering, University of California, Berkeley • MS, Civil Engineering, University of California, Berkeley • BS, Agricultural Engineering, Iowa State University Licenses & Certifications • Professional Civil Engineer, State of California, No. C47595 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 25 Appendix Team Member/ Job Title Certification / License / Affiliations Hope Medina, CBO Building Inspector Plans Examiner Instructor Licenses & Certifications • On Site Plan Review and Inspections, Train the Trainer, DOE Building Energy Codes • Safety Assessment Program Building Inspector, State of California • ICC Residential Electrical Inspector • ICC Green Building - Residential Examiner • ICC Residential Mechanical Inspector • ICC Residential Building Inspector • ICC IgCC Plans Examiner • ICC Building Plans Examiner • ICC IgCC Commercial Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Commercial Building Inspector • ICC Residential Plumbing Inspector • ICC Residential Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Permit Technician • ICC Mechanical Plans Examiner • ICC Building Inspector • ICC Residential Combination Inspector • ICC Management Module • ICC Legal • ICC Building Codes and Standards • ICC Certified Building Official • ICC Building Code Specialist • ICC Certified Sustainability Professional • ICC Permit Specialist Russell Mora Plans Examiner Licenses & Certifications • ICC Electrical Plans Examiner • ICC Electrical Inspector Adam Mulford Elevator Inspector Licenses & Certifications • Certified Elevator Inspector, QEI NAESA • Type 1 Conveyance Inspector, Colorado Division of Oil and Public Safety, Conveyance Section Christian Ng, FPE Fire Protection Engineer Education • B.S, Fire Protection Engineering University of Maryland, College Park, MD Licenses & Certifications • Registered Fire Protection Engineer State of California. No. 2132 Lisa O'Malley Plans Examiner Licenses & Certifications • California Building Plans Examiner Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 26 Appendix Team Member/ Job Title Certification / License / Affiliations Josephine Ortega AIA, CBO, LEED AP Senior Plans Examiner Education • Master of Urban Regional Planning, San Jose State University, May 2017 • B.A. Economics, University of California, Santa Cruz, June 2006 • Associate Arts Degree with Honors, Monterey Peninsula College, August 1999 • Bachelor of Architecture, Minor in Landscape Architecture and Sociology, University of Idaho, May 1985 • Certificate of Real Estate Development, San Jose State University Licenses & Certifications • Registered Architect, State of California, License No. 26560 • Registered Architect, State of Ohio, License No. 10972 • LEED Green Associate • LEED AP Homes • LEED AP ND (Neighborhood Development) • LEED AP ID+C [Commercial Interiors] • LEED AP BD+C (Building Design & Construction) • LEED AP O+M (Operations & Maintenance) • Safety Assessment Program Coordinator, Office of Emergency Service, #60452 • Safety Assessment Program Evaluation Office of Emergency Service, #60542 • ATC-20 (Applied Technology Council Building Safety Evaluation Program), Office of Emergency Service • ICC Fire Inspector I • ICC Plumbing Inspector UPC • ICC Accessibility Inspector/Plans Examiner • ICC Certified Building Official • ICC Mechanical Inspector • ICC Zoning Inspector • ICC Plumbing Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Mechanical Inspector UMC • ICC Building Code Official • ICC Fire Inspector II • ICC CALGreen Inspector/Plans Examiner • ICC Building Code Specialist • ICC Commercial Combination Inspector Randy Pabst Elevator Chief Inspector Education • University of Colorado at Boulder, Bachelor of Arts, 1975 Licenses & Certifications • Certified Elevator Inspector, National Association of Elevator Safety Authorities, Cert # C-1790 • Type 1 Conveyance Inspector, State of Colorado, Licensee # 951711 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 27 Appendix Team Member/ Job Title Certification / License / Affiliations Lloyd Parry Building Inspector Education • Business Degree Licenses & Certifications • ICC Residential Electrical Inspector • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Mechanical Inspector • ICC Commercial Building Inspector • ICC Building Inspector Jeffrey Paterson, FPE Fire Protection Engineer Education • M.S., Fire Protection Engineering, California Polytechnic State University • B.S., Civil Engineering, University of California Davis Licenses & Certifications • CA Registered PE, No. 1926 Ed Paxton Building Inspector Education • Trade Teck Welding School Licenses & Certifications • ICC Building Inspector • ICC Mechanical Inspector • ICC Plumbing Inspector • ICC Electrical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Combination Inspector • ICC Commercial Combination Inspector James “Ed” Pehrson Plans Examiner Building Inspector Education • Building Inspection coursework, Davis Applied Technology Center, Utah Licenses & Certifications • Combination Inspector, State of Utah, License # 5791568-5601 • Stormwater Inspector, SPESC, Cert ID #00004693 • ICC Residential Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Residential Electrical Inspector • ICC Commercial Building Inspector • ICC Commercial Mechanical Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Residential Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Combination Inspector • ICC Commercial Combination Inspector Diana Perkins, CBO Senior Plans Examiner Education • M.P.A., University of San Francisco • B.S., Economics, University of San Francisco Licenses & Certifications • LEED Accredited Professional • ICC Accessibility Inspector/Plans Examiner • ICC Residential Building Inspector • ICC Building Plans Examiner • ICC Certified Building Official Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 28 Appendix Team Member/ Job Title Certification / License / Affiliations Rosario “Russ” Perrone Senior Building Inspector Licenses & Certifications • OHSA 30 • Post-Earthquake Safety Evaluation • ICC Commercial Building Inspector • ICC Residential Building Inspector • ICC Building Inspector Mark Ptashkin, CBO Electrical Plans Examiner Chief Building Official Licenses & Certifications • Special Inspector (Electrical), City of Phoenix. #37551 • ICC Certified Building Official • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Building Inspector Daniel “Dan” Reardon Building Inspector Plans Examiner Education • BS Mathematics / Emphasis in Secondary Education, University of Northern Colorado, 1987 – 1991 Licenses & Certifications • Safety Assessment Program (Disaster Mitigation) • ICC Plumbing Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Building Plans Examiner Gil Rossmiller Building Inspector Plans Examiner Instructor Licenses & Certifications • ICC Building Inspector • IgCC Plans Examiner • ICC Mechanical Inspector • ICC Plumbing Inspector • IgCC Commercial Inspector with ASHRAE 189.1 • IgCC Commercial Inspector • IgCC Plans Examiner with ASHRAE 189.1 • ICC Green Building - Residential Examiner • ICC Building Plans Examiner Douglas “Doug” Rykerd Combination Inspector Education • Mr. Rooter University, Waco TX, Training in Business, 1998 • California Polytechnic University, Pomona, CA – Mechanical Engineering, 1985 - 1987 Licenses & Certifications • ICC Commercial Building Inspector Previous Licenses & Certifications • ICC Certified Commercial Plumbing Inspector • ICC Certified Commercial Mechanical Inspector AJ Smith Building Inspector Education • Master of Management/ Public Administration, University of Phoenix, May 2011 • Bachelor of Science, Major: Criminal Justice, Minor: Education, Southern Utah University, May 2005 • Associates of Science, Snow College, December 2002 Licenses & Certifications • Combination Inspector, State of UT, License #5942920-5601 • ICC Combination Inspector Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 29 Appendix Team Member/ Job Title Certification / License / Affiliations Matt Tate Building Inspector Licenses & Certifications • ICC Residential Mechanical Inspector • ICC Commercial Mechanical Inspector • ICC Residential Building Inspector • ICC Combination Inspector • ICC Residential Plumbing Inspector • ICC Commercial Electrical Inspector • ICC Commercial Plumbing Inspector • ICC Commercial Building Inspector • ICC Residential Electrical Inspector • ICC Building Inspector • ICC Mechanical Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Residential Combination Inspector • ICC Commercial Combination Inspector Stephen “Steve” Thomas, CBO Colorado Regional Manager Educational Director Instructor Chief Building Official Building Inspector Plans Examiner Education • B.S. in Business Administration - University of Phoenix - Thesis: “The Affects of a Housing Code in the City of Glendale” • Course Work in Civil Engineering Technology - CCD • Community College of Denver at Red Rocks Lakewood, CO 1976 -1978 Licenses & Certifications • ICC Structural Masonry Special Inspector • ICC Spray Applied Fire Proofing Special Inspector • ICC Certified Building Plans Examiner • ICC Certified Building Official • ICC Certified Residential Plans Examiner • ICC Certified Mechanical Inspector • ICC Certified Housing Code Official • ICC Certified Accessibility Inspector/Plans Examiner • ICC Certified Building Code Official • ICC Certified Building Inspector • ICC Certified ICC / AACE Property Maintenance and Housing Inspector • ICC Certified Plumbing Inspector • ICC Certified Building Code Specialist Thor Toepfer Building Inspector Licenses & Certifications • ICC Building Plans Examiner • ICC Fire Plans Examiner • ICC Residential Building Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Residential Plumbing Inspector Mariam Umair, EIT Plan Check Engineer Education • M.S., Structural Engineering - San Jose State University Graduated: December 2014 • B.S., Civil Engineering - University of Engineering & Technology, Taxila, Pakistan Graduated: August 2010 Licenses & Certifications • Licensed EIT Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 30 Appendix Team Member/ Job Title Certification / License / Affiliations Jason Van Ausdal, CBO Building Inspector Plans Examiner Instructor Education • Associates in Business Administration and Management, Stevens Henegar Business College, 1995-1997 Licenses & Certifications • Combination Inspector, State of Utah, License # 339648-5601 • ICC Commercial Combination Inspector • ICC Building Code Specialist • ICC Combination Inspector • ICC Electrical Inspector • ICC Mechanical Inspector • ICC Building Inspector • ICC Certified Building Official • ICC Building Plans Examiner • ICC Plumbing Inspector Christopher Vasquez Elevator Inspector Education • One year of Conveyance Inspector Training • Denver Joint Electrical Apprenticeship Training Center, 1985-1990 • Completed two-year course at Electronic Technical Institute in Denver, CO • Attained Associates Degree in Electronic Technology, 1983 Licenses & Certifications • QEI Certification, NAESA, Cert # C-5713 • State of Colorado Conveyance Inspector, License # CI-1-516 • City of Denver Conveyance Inspector, License #1545330 • State of Colorado Master Electrician, License ME.0029035 • State of Colorado Journeyman Electrician, License JW.0010368 Daniel “Dan” Weed, CBO Chief Building Official Building Inspector Plans Examiner Education • Arizona Building Officials (AZBO) Institute, 1995 – 1999 • Bachelor of Arts in Liberal Arts / Public Speaking, 1986 • Ambassador University, Pasadena, California Licenses & Certifications • ICC Plumbing Inspector UPC • ICC Electrical Plans Examiner • ICC Mechanical Inspector UMC • ICC Mechanical Inspector • ICC Building Code Official • ICC / AACE Property Maintenance and Housing Inspector • ICC Electrical Inspector • ICC Plumbing Inspector • ICC Building Inspector • ICC Combination Inspector - Legacy • ICC Combination Inspector • ICC Building Plans Examiner • ICC Certified Building Official • ICC Accessibility Inspector/Plans Examiner • ICC Building Code Specialist • ICC Electrical Code Specialist • ICC Commercial Combination Inspector Robert Wheeler, FPE Fire Protection Engineer Education • B.S. Fire Protection Engineering, University of Maryland Licenses & Certifications • CA Registered PE, No. 1825 • AZ Registered PE, No. 38935 • ND Registered PE, No. 6967 • GA Registered PE No. 17765 • NV Registered PE, No. 24638 Shums Coda Associates The Town of Fountain Hills Plan Check/Building Inspection Services 31 Appendix Team Member/ Job Title Certification / License / Affiliations Heather Whitaker Plans Examiner Licenses & Certifications • Resnet Certified Residential Field Inspector • ICC Residential Energy Inspector/Plans Examiner • ICC Commercial Energy Plans Examiner • ICC Building Plans Examiner Pamela “Pam” Whitaker-Sowell Permit Technician Education • Bachelor’s Degree in Business Management • Associate of Science, Business, San Joaquin Della College, 6/2018 Licenses & Certifications • ICC Permit Technician • California State Notary Myron Williams Building Inspector Plans Examiner Education • General Education Courses, Utah Valley State College, 2002 • National Electrical Code, 2002 • Davis Area Technology Center, Kaysville, Utah, 1999 – 2000 • International Building and International Residential Code, 2000 • International Mechanical and International Plumbing Code, 2000 • International Building Plans Examiner, 2000 Licenses & Certifications • Combination Inspector, State of Utah, License #4958496-5601 • ICC Mechanical Inspector • ICC Accessibility Inspector/Plans Examiner • ICC Plumbing Inspector • ICC Mechanical Plans Examiner • ICC Residential Energy Inspector/Plans Examiner • ICC Electrical Inspector • ICC Building Plans Examiner • ICC Combination Inspector • ICC Building Inspector • ICC Commercial Combination Inspector EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Scope of Work] BUILDING, FIRE, AND CIVIL PLAN REVIEW SERVICES provided are to ensure compliance with all applicable codes, standards and project specifications as adopted by the Town of Fountain Hills. Plan Review Services shall include evaluations of the construction documents for compliance under the disciplines of Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Accessibility, Civil, and Life Safety . The Town of Fountain Hills will be reviewing Planning & Zoning submittals. Building Official, Town Engineer, and Fire Marshal to be consulted as needed during review to ensure compliance with codes and local amendments. Plan review will be electronic with submissions coming to and from the Consultant going through the Town. First submittal plan review in any discipline to be completed within three calendar weeks. All subsequent reviews within two calendar weeks. Upon approval, permit issuance is required by the Town. INSPECTION SERVICES provided are to ensure compliance with all applicable codes, standards and project specifications. Inspection Services include; daily field observation reports documenting any issues that arise on-site, reporting any defects, deficiencies, and quality issues or concerns, attendance of requested project meetings, and photographs of work being performed during the course of the construction schedule. Building Inspection services include monitoring construction for adherence to the requirements listed on the approved construction documents under the disciplines of Architectural, Structural, Mechanical, Plumbing, Electrical, Model Energy, Accessibility, Civil, Landscaping, and Life Safety. Inspections will be logged using the Town’s electronic inspection system. All inspections to be completed the next business day. In addition to the inspections specified in IBC Sections 110.3.1 through 110.3.7, Consultant or the Town of Fountain Hills, are authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the adopted codes and other laws that are enforcement by the Town of Fountain Hills. PROJECT MANAGER SERVICES provided are to ensure compliance with all applicable codes, ordinances, standards and project specifications as adopted by the Town of Fountain Hills. Services include requested attendance of project meetings, review of RFI’s and ASI’s, coordination and communication with project team representatives, project oversight for services, identify any non- compliance and/or design issues and assist with recommendations and alternatives for resolutions, and interface with all other agencies and departments. ADMINISTRATION SERVICES include processing and scheduling requests and field reports, project document control, processing review letters, distribution and coordination to the project team, permit tracking, records management, and quality assurance of project documents. SCOPE1.Scope of Work 2. Payment StructureDeveloper shall:a)Pay any invoice from the Town within 30 days per Section 4, "Payments"b)Pay the Town an additional fee of 1% on outstanding balances over 30 calendar days past due; past due balances will also result in all inspection work ceasing until all outstanding balances are paid EXHIBIT C TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Fee Schedule] See following pages. Town of Fountain Hills, AZ Building Plan Review & Inspection Services Building Life-Safety Services Building Plan Review Services Fees for comprehensive plan reviews, performed at SCA offices, will be equal to Sixty- Five percent (65%) of the plan review fees as calculated per the jurisdiction. The Town of Fountain Hills will provide SCA with jurisdiction calculated plan review fees (per project phase of review) for use in calculating SCA’s fees. In return, invoicing will be done on a monthly basis with detailed description of each project. The above fee covers all services associated with the typical plan review, including a first, second and quick third review to approve projects. Extensive plan reviews (longer third reviews or more) will be charged on an hourly rate shown below. When hourly rates are to be applied, SCA will notify Fountain Hills through the completion of the third review comment letter, and would anticipate directly from the Town staff as to how to resolve the final comments in the most expeditious manner possible. Pre-application, pre-construction, or additional meeting attendance that is necessary for unusual or complex projects shall also be charged at the same hourly rate schedule. SCA reserves the right to determine the appropriate level staff member for the hourly plan review items that may occur, but will attempt to utilize the most economical rate based on the complexity of the review. Personnel Description Hourly Billing Rate Senior Plan Review Engineer/Architect $100 Plan Review Engineer/Architect $95 Senior Plans Examiner $90 Plans Examiner (residential, fire code and fire protection systems – not FPE or WUI) $80 Turnaround Schedule SCA will generally complete standard plan reviews per the following schedule: Number of Working Days Initial Check (1st): Recheck(s): Residential Single-Family Dwellings New/Addition/Remodel 10 5 New Multi-Family Townhomes/ Apartments (Standard) 10 5 New Multi-Family Apartments (Large Scale) 15 10 Non-Residential New Multi-Building Campus 15+ 10 New Building 15 10 TI 10 5 These review times are based on typical plan submittals, but this being a phased and specific project, and more complex in nature, is anticipated to require some minor adjustments to the general turnaround schedule. If an expedited plan review is requested, the turn-around time could be as quickly as a single day, but these types of review schedules are typically determined based on the complexity of the phase of the project and the availability of SCA staff to complete the review. Building Inspection Services The scope of inspection services to be provided for this project will be determined mutually by Shums Coda Associates Regional Manager and the Chief Building Official. Inspector(s) provided to the town will report directly to the Chief Building Official or other person designated by the Town of Fountain Hills for all project-related work. Fees for inspection services shall be billed hourly based on the rates below: Personnel Description Hourly Billing Rate Supervising Inspector / Inspector of Record $100 - 115 Senior Inspector $80 - 90 Inspector II $70 - 80 Inspector I $60 - 70 Inspector In-Training $45 - 60 Town of Fountain Hills, AZ Building Plan Review & Inspection Services Building Life-Safety Services Other Services The scope of services to be provided will be defined uniquely for each project or as determined mutually by Shums Coda Associates and the Chief Building Official. We provide the following hourly rates to cover these services as requested by the Town of Fountain Hills: Personnel Description Hourly Billing Rate Acting/Deputy Building Official $110 Senior Fire Protection Engineer/Inspector $150 Fire Protection Engineer/Inspector $140 Fire Inspection/Level II Suppression Systems $100 - 120 Permit Technician $55 Clerical $40 Overtime Overtime will be not be charged for any plan review services billed at the hourly rate, while inspection and other services will be charged at 150% of the standard hourly rates, but only when mutually agreed upon with the City of Fountain Hills. EXHIBIT D TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SHUMS CODA ASSOCIATES, INC. [Work Order] See following pages. ITEM 8. F. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-29, First Amendment to the Development Agreement between the Town and N-Shea Group, LLC and Park Place Properties, LLC.  Staff Summary (background) Applicant: N-Shea Group, LLC Owner: Park Place Properties, LLC Property Location: 13000 Block North Verde River; 16800 Block E. Avenue of the Fountains In June 2016 the Town Council approved a Development Agreement and associated Land Use Plan for Park Place (Resolution 2016-13, June 16, 2016) to allow the development of a mixed-use, five building, development in the town center area along Avenue of the Fountains and Verde River.  In total, the project is to include:  Phase I - two buildings (Buildings C and D) with 230 residential units, 35,000 sq. ft. of commercial space, and associated parking and public improvements Phase II - two buildings (Building E and F) with 72 residential units, 8,000 sq. ft. of commercial space, and associated parking and public improvements Phase III - one building ( Building B) with 102 residential units, associated parking, and the Art Walk Section 2 of the development agreement establishes a term of six years.  Section 6.2 states the developer's obligations under the agreement and includes the statement: "In no event shall construction on any Phase commence more than six years following the Effective Date of this Agreement."  Exhibit F to the development agreement provides a Development Schedule which includes the following time frame for completing the project:  On or before 48 months (June 2020) - submit construction documents for Phase 2 On or before 60 months (June 2021) - begin construction on Phase 2 On or before 72 months (June 2022) - complete Phase 3, begin construction of Phase 3 The developer states the impact of the Covid-19 pandemic has impacted his ability to meet this time frame.  A 12-month extension is requested to complete the process of obtaining permits for Phases 2 and 3 of the development. The attached First Amendment to the Park Place Development Agreement amends Sections 2 and 6.2 to change the six-year term to seven years.  It also amends the Development Schedule in Exhibit F to simply reflect having construction begun on Phases 2 and 3 on or before 84 months (7 years) from the effective date, which will be June 16, 2023. 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 MOVE to adopt Resolution 2022-29 Attachments Res 2022-29  First Amendment to Park Place DA  Form Review Inbox Reviewed By Date Town Clerk Elizabeth A. Klein 05/05/2022 04:39 PM Development Services Director (Originator)John Wesley 05/05/2022 04:40 PM Town Attorney Aaron D. Arnson 05/09/2022 10:21 AM Town Manager Grady E. Miller 05/09/2022 10:59 AM Form Started By: John Wesley Started On: 04/04/2022 05:10 PM Final Approval Date: 05/09/2022  PHOENIX 77018-3 423011v2 RESOLUTION 2022-29 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND N-SHEA GROUP, LLC, AND PARK PLACE PROPERTIES, LLC ENACTMENTS: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The First Amendment to Development Agreement between the Town of Fountain Hills and N-Shea Group, LLC, and Park Place Properties, LLC, is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents 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, this 17th day of May, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ___________________________________ ___________________________________ Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: ___________________________________ ___________________________________ Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney RESOLUTION NO. 2022-29 PAGE 2 EXHIBIT A TO RESOLUTION 2022-29 Amendment to Development Agreement Between Town of Fountain Hills and N-Shea Group, LLC, and Park Place Properties, LLC, WHEN RECORDED RETURN TO: Town of Fountain Hills ATTENTION: TOWN CLERK 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 ================================================================= = FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR PARK PLACE EXTENSION ================================================================= = TOWN OF FOUNTAIN HILLS, ARIZONA, An Arizona municipal corporation AND N-SHEA GROUP, Limited Liability Company AND PARK PLACE PROPERTIES, Limited Liability Company Park Place First Amendment to Development Agreement FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND N-SHEA GROUP, LLC AND PARK PLACE PROPERTIES, LLC This First Amendment to Development Agreement (the “First Amendment”) is entered into as of May 17, 2022, by N-Shea Group, LLC, an Arizona limited liability company (the “Developer”), and is acknowledged by Park Place Properties, LLC, an Arizona limited liability company (the “Owner”) and the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (“Town”), which are referred to collectively herein as the “Parties” or individually as a “Party.” RECITALS A. The Parties entered into that certain Development Agreement dated June 16, 2016, Maricopa County Recorder’s No. 2016-0478461, in connection with the development of approximately 9.32 acres of real property located at the southeast and southwest corners of Verde River Drive and Avenue of the Fountains, Fountain Hills, Arizona. B. Terms used but not defined herein shall have the meaning set forth in the Development Agreement. C. As a result of global events outside of the Parties’ control that prevented and prohibited Developer from performing its obligations under the Development Agreement, Developer desires to extend the term of the Development Agreement and all ancillary deadlines for a period of twelve (12) months in order to fulfill its obligations in a timely manner. D. The Town is willing to agree to the extended term and ancillary deadlines as provided herein. E. Pursuant to A.R.S. § 9-500.05(C), the Parties now desire to amend the Development Agreement according to the terms and conditions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the foregoing introduction and recitals, the promises contained in this Second Amendment, and for other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereto agree as follows: 1. Modified Term. Section 1 of the Development Agreement is hereby deleted in its entirety and is replaced as follows: 2. Effective Date, Term. Developer, its successors and assigns, shall have the right to implement development on the Property in accordance with this Agreement for a period of seven years after the Effective Date, at which time this Agreement shall automatically terminate as to the Property without the necessity of any notice, agreement or recording by or between the Parties (the “Term”); provided, however, that provisions of this Agreement that specifically survive the termination of this Agreement shall remain in full force and effect, subject only to the termination provisions herein specifically related thereto; provided further, however, that if Developer fails to substantially fulfill any of its obligations as set forth in Section 6 below, this Agreement shall immediately terminate upon expiration of the applicable cure period without further act by Developer or the Town Council. This Agreement shall become effective only upon execution by Owner and the Parties below. 2. Modification of Developer’s Obligations. Section 6.2 of the Development Agreement is hereby deleted in its entirety and is replaced as follows: 6.2 Developer’s Obligations. Developer shall perform all of its duties as set forth in this Section in accordance with the “Development Schedule” attached hereto as Exhibit F and incorporated herein by reference. The Town and Developer recognize and acknowledge that market conditions and market demands impact when certain development is supported. As such, as long as Developer is using commercially reasonable efforts to adhere to the Development Schedule, the Town shall consider Developer’s requests for modification of the Development Schedule in order to allow Developer to construct certain Phases (as described in Subsection 6.2(I) below) based on then-existing market conditions and market demands. In no event shall construction on any Phase commence more than seven years following the Effective Date of this Agreement. Developer’s failure to timely perform its obligations as set forth below shall constitute a breach of this Agreement and shall cause the immediate termination thereof as set forth in Section 2 above. 3. Development Schedule. The Parties hereby agree that Developer shall have an additional twelve (12) months to fully perform its obligations for Phases 2 and 3 of the Project. Accordingly, Exhibit F of the Development Agreement is hereby deleted in its entirety and is replaced with Exhibit F attached hereto and made a part hereof. 4. Consistency; Modification. Except as modified by this Second Amendment, all of the terms and conditions of the Development Agreement shall remain in full force and effect. This Second Amendment and the Development Agreement shall not be further modified in any manner other than by a written amendment executed by the Town and Palisades or its successors or assigns. If any clause, sentence or other portion of this Second Amendment shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 5. Non-Default. By executing this Second Amendment, Palisades affirmatively asserts that (i) the Town is not currently in default, nor has been in default at any time prior to this Second Amendment, under any of the terms or conditions of the Development Agreement and (ii) Park Place First Amendment to Development Agreement any and all claims, known and unknown, relating to the Development Agreement and existing on or before the date of this Second Amendment are forever waived. 6. Successors and Assigns. This Second Amendment shall be binding upon and inure to the benefit of the successors and assigns of the respective parties. 7. Conflict of Interest. This Second Amendment is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Second Amendment without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this agreement on behalf of the Town or any of its departments or agencies is, at any time while the agreement or any extension of the agreement is in effect, an employee of any other party to the agreement in any capacity or a consultant to any other party of the agreement with respect to the subject matter of the agreement. 8. Recording of Agreement. This Second Amendment shall be recorded in the Official Records of the Maricopa County Recorder’s Office within 10 days after full execution. 9. Promotion. Palisades shall use reasonable efforts, in its discretion, to market, advertise and promote the Town and its local area attractions in promotional materials and communications, including but not limited to, brochures, letters and electronic media such as electronic mail or web pages. The Town hereby grants to Palisades during the terms of the Development Agreement, a non-exclusive, worldwide, royalty-free license to display, adapt, reproduce and distribute to end users, in any medium or distribution whatsoever, the name, likeness and any associated marketing and demonstration materials. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, the Parties have executed this Second Amendment as of the date first written above. TOWN: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Ginny Dickey, Mayor ATTEST: Elizabeth A. Klein, Town Clerk ACKNOWLEDGEMENT STATE OF ARIZONA ) ) ss. County of Maricopa ) On ________________________, 2022, before me personally appeared Ginny Dickey, the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who she claims to be, and acknowledged that she signed the above document on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] Park Place First Amendment to Development Agreement “Developer” N-SHEA GROUP, LLC, an Arizona limited liability company By: Bart M. Shea, Member ACKNOWLEDGEMENT STATE OF ARIZONA ) ) ss. County of Maricopa ) On ________________________, 2022, before me personally appeared Bart M. Shea, the Member of N-SHEA GROUP, LLC, an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document on behalf of such limited liability company. Notary Public (Affix notary seal here) “Owner” Park Place Properties, LLC, an Arizona limited liability company By: Sam Gambacorta, Member (ACKNOWLEDGMENT) STATE OF_______________) ) ss. COUNTY OF ____________) On ________________________, 2022, before me personally appeared Sam Gambacorta, a member of Park Place Properties, LLC, an Arizona limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he signed the above document on behalf of Park Place Properties, LLC. Notary Public (Affix notary seal here) Park Place First Amendment to Development Agreement EXHIBIT F DEVELOPMENT SCHEDULE Deadline to Perform Task From Effective Date of Agreement Task/Obligation On or before 30 days Submit completed full-Project Concept Plan or completed Phase 1 Concept Plan for approval On or before 120 days following approval of a Concept Plan for a phase of the Project Complete Acquisition of the portion of the Property included within the phase On or before 9 Months Developer to have submitted Construction Documents for Phase 1, including applicable portion of Public Infrastructure Improvements. On or before 18 Months Developer to have begun construction of Phase 1 Improvements. On or before 84Months Developer to have begun construction of Phases 2 & 3 improvements, including applicable portion of Public Infrastructure Improvements. ITEM 8. G. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda Submitting Department: Administration Prepared by: David Pock, Finance Director Staff Contact Information: David Pock, Finance Director Request to Town Council Regular Meeting (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Resolution 2022-25 extending the contract with Maricopa County Sheriff's Office (MCSO) for law enforcement services until June 30, 2023. Staff Summary (background) The Town contracts with the Maricopa County Sheriff's Office for law enforcement services. The current agreement, #2013-105.1, was executed in June 2012 for an initial term of five years with five additional one-year renewals. The final renewal will end on June 30, 2022. In preparation for contract negotiations, the Town hired an independent auditing firm to conduct a contract review to ensure that all terms of the current contract were being fulfilled. That review has been completed; however, the final discussions with MCSO are still ongoing. To ensure patrol services for the Town continue while these discussions are completed and a new contract is negotiated, staff recommends extending the current contract until June 30, 2023. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis If not approved, the current contract with MCSO would end on 6/30/2022. Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of Resolution 2022-25. SUGGESTED MOTION MOVE to adopt Resolution 2022-25. Attachments Res 2022-25  2022-025 Exhibit A  MCSO Contract 2013-105.1  2013-105.1 Amendment 1  FY23 Cost Notification  Form Review Inbox Reviewed By Date Finance Director (Originator)David Pock 05/05/2022 03:53 PM Town Attorney Aaron D. Arnson 05/09/2022 10:21 AM Town Manager Grady E. Miller 05/09/2022 11:01 AM Form Started By: David Pock Started On: 05/05/2022 08:20 AM Final Approval Date: 05/09/2022  RESOLUTION 2022-25 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING AMENDMENT NO. 2 TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY ENACTMENTS: BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. The Town Council hereby approves Amendment No. 2 to the Agreement for Law Enforcement Services Between the Town of Fountain Hills and Maricopa County, in substantially the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby authorized and directed to 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 17th day of May, 2022. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Aaron D. Arnson Pierce Coleman PLLC Town Attorney RESOLUTION 2022-25 PAGE 2 EXHIBIT A TO RESOLUTION 2022-25 [Amendment No. 2 to the Agreement for Law Enforcement Services Between the Town of Fountain Hills and Maricopa County] See following pages. 1 Amendment 2 to AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY on behalf of the Sheriff’s Office C-50-12-084-3-00 C-50-12-084-3-01 C-50-12-087-3-02 Term: July 1, 2012 through June 30, 2017 with up to five (5) Six (6) Successive One-Year Automatic Renewals Amendment Effective July 1, 2022 2 Amendment 2 Agreement for Law Enforcement Service between the Town of Fountain Hills and Maricopa County on behalf of the Sheriff’s Office C-50-12-084-3-02 This Amendment to the Agreement between the Town of Fountain Hills (“Town”) and Maricopa County (“County”) on behalf of the Sheriff's Office shall be effective on July 1, 2022, and upon approval of the Maricopa County Board of Supervisors and the Town of Fountain Hills. Recitals The County acting on behalf of the Sheriff's Office and the Town entered into an Agreement for Law Enforcement Services (the “Initial Agreement”), executed August 6, 2012 (C-50-12-084-3-00). Amendment 1 to the Agreement was approved by the Board of Supervisors on May 22, 2019, (C-50-12-084-3-01). Amendment 1 reduced the sergeant to deputy staffing ratio, changed the calculation method for annual ammunition charges, and adopted an administrative service charge of 3%. The Town requests a one-year extension from July 1, 2022, through June 30, 2023, to the current agreement. Amendment A. Section I. D. of the Agreement is replaced in its entirety as follows: D. Automatic Renewal Following the Initial Term, this Agreement shall automatically renew for up to six (6) successive one-year terms, (each, an “Additional Term”), with all the terms of this Agreement in effect unless and until renegotiated or terminated pursuant to (1) a non-renewal notice as set forth below in this Subsection or (2) Section I, Subsection F below. Prior to the beginning of each Additional Term, the parties shall meet and agree upon the annual cost of the Law Enforcement Services, which shall be calculated pursuant to Section III, Subsection A. of this Agreement and which, when agreed upon, shall be attached to this Agreement as Exhibit A. Notice of non-renewal by either party shall be (i) in writing and (ii) delivered to the other party by April 15 to exercise non-renewal of this Agreement. B. The FY 2023 Law Enforcement Reimbursement Costs and Charges is incorporated herein as Worksheet Exhibit A. 3 C. The contacts in the Legal Notices, Section I. B. are replaced as follows: If to the County: Joy Rich Maricopa County Manager 301 W. Jefferson, 10th Floor Phoenix, AZ 85003 E-Mail: joy.rich@maricopa.gov If to the Sheriff’s Office: Paul Penzone, Sheriff Maricopa County Sheriff’s Office 550 W Jackson Street, 5th Floor Phoenix, AZ 85003 E-Mail: P_Penzone@mcso.maricopa.gov James Prindiville Executive Chief Financial Officer Maricopa County Sheriff’s Office 550 W. Jackson Street, 5th Floor Phoenix, AZ 85003 E-Mail: J_Prindiville@mcsomaricopa.gov If to the Town: Ginny Dickey, Mayor Town of Fountain Hills 16705 Avenue of the Fountains Fountain Hills, AZ 85268 E-Mail: gdickey@fh.az.gov Grady E. Miller Town Manager 16705 Avenue of the Fountains Fountain Hills, AZ 85268 E-Mail: gmiller@fh.az.gov D. This document may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied, electronic and scanned signatures are acceptable as original signatures. 4 Authorization and Signatures IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the date of the last signature set forth below. TOWN OF FOUNTAIN HILLS MARICOPA COUNTY By: ____________________________ By: _____________________________ Ginny Dickey Bill Gates Mayor, Town of Fountain Hills Chairman, Board of Supervisors Date: __________________________ Date: ___________________________ Attest Attest _____________________________ _________________________________ Town Clerk Clerk of the Board MARICOPA COUNTY SHERIFF'S OFFICE _________________________________ Paul Penzone, Sheriff Date In accordance with the requirements of A.R.S. § 11 -952(D), the undersigned attorneys acknowledge that (i) they have reviewed the above Agreement on behalf of their respective clients and (ii) as to their respective clients only, each attorney has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted under the laws of the State of Arizona. _________________________________ __________________________________ Town Attorney Date Deputy County Attorney Date 5 Worksheet Exhibit A. BEATS 3.80 Operating $5,189,157.10 3% Indirect 155,674.71 One Time 0.00 Total Contract Costs $5,344,831.81 Part 1. Personnel Services $4,563,220.43 Annual Hours Budgeted 2088 Position FTE FY 2023 Average Hourly Base Pay FY 2023 Hourly Variable Benefits Rate Charge FY 2023 Hourly Average Base Plus Variable Benefits FY 2023 Fixed Benefit Annualized FY 2023 Patrol Beat Deputies 19.00 $30.72 77.81%$54.62 $13,632 2,425,892.64$ Detectives 2.55 $29.19 77.81%$51.90 $13,632 311,097.96$ Sergeants 3.00 $41.13 77.81%$73.13 $13,632 498,982.32$ Lieutenants 1.25 $50.59 77.81%$89.95 $13,632 251,809.50$ Captain 0.75 $62.12 77.81%$110.46 $13,632 183,611.48$ School Resource Officer 1.00 $30.72 77.81%$54.62 $13,632 127,678.56$ Clerical/Administrative Assistant 1.00 $18.15 20.86%$21.94 $13,632 59,442.72$ Worker's Comp 28.55 $626.66 (Fund-Wide Allocation per FTE)17,892.19 Unemployment 28.55 $8.53 (Fund-Wide Allocation per FTE)243.55 Dispatch 1.70 (FTE is a total cost equivalent not to be used in other calculations.)124,481.24 Sub Total Salary and Benefits 4,001,132.16$ Staffing Allocation Factor FTE Staffing Requirements 24 hour / 7 day post 5.00 FTE 5.00 Patrol Deputies 1 Beat 8 hour / 7 day post 1.67 FTE 0.50 Detectives 1 Beat 8 hour / 5 day post 1.19 FTE 1.00 Sergeant for 8 Deputies 1.00 Lieutenant for 18 Deputies 1.00 Captain for 30 Deputies 0.14 Clerical for 1 Beat Special Pay (Deputies/Detectives/Sgts.) Eligible Sworn FTEs District Rate Per FTE Cost Cost Includes 77.81% Variable Benefits Overtime 25.55 $19,044.22 486,579.82$ Shift Differential 25.55 $1,005.87 25,700.02$ Regular Over Budget 25.55 $1,949.45 49,808.43$ Sub Total Special Pay 562,088.27$ Town of Fountain Hills (July 1, 2022 through June 30, 2023) Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY 2023 6 Worksheet Exhibit A (Continued) Part 2. Supplies and Rent 44,534.12$ Total Applicable FTE's 28.55 FTE total minus Dispatch Supply Cost (By District)$395.90 Per applicable FTE 28.55 11,303.60$ Ammunition $406.12 Per Sworn FTE 27.55 11,189.19 Uniform Allowance $800.00 Per Sworn FTE 27.55 22,041.33 44,534.12$ Part 3. Communications and Information Technology (IT)268,095.13$ Sworn FTEs 27.55 Information System Service $147,429.38 Annual Cost 147,429.38$ Monthly Radio Charges $135.58 Per Month (12); 2 per Vehicle Vehicles 15 48,808.80 Monthly Radio Charges Sworn $135.58 Per Month (12) per Sworn FTE Sworn FTE 27.55 44,825.46 Deputy Laptop Connection $41.36 Per Month (12) per Sworn FTE Sworn FTE 27.55 13,674.44 I-Phone Monthly Charge $40.40 Per Month (12) per Device per Sworn FTE Sworn FTE 27.55 13,357.05 268,095.13$ Part 4. Vehicles and Equipment 313,307.42$ Vehicle Cost with Warranty 49,338.12$ Vehicle life 125,000 miles Equipment Costs (Lights; Push Bar; Etc.)20,000.00$ Equipment life 343,750 Component Per Mile Rate Annual Miles (Calculated)Costs Mileage Rate $0.466 340,964 158,889.28$ 158,889.28$ Vehicle Depreciation $0.395 340,964 134,580.23$ 134,580.23 Equipment Depreciation $0.058 340,964 19,837.91$ 19,837.91 313,307.42$ 155,674.71$ Part 5. One-Time Costs This section is reserved for cost reimbursement of replacement or new equipment items that have been identified as necessary for Law Enforcement Service delivery that are not otherwise funded in the Sheriff's operational budget. (Requires amendment.) Sub Total Communications and IT Sub Total Vehicles and Equipment Part 6. Indirect Cost Recovery Indirect costs are recovered at 3% for Sections 1 - 4. Sub Total Supplies and Rent MARICOPA COUNTY SHERIFF'S OFFICE PAUL PENZONE SHERIFF February 17, 2022 Grady Miller, Town Manager Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, AZ 85268 Dear Grady: Subject: FY 2023 Contracted Law Enforcement Cost Notification Enclosed, per Section III.A.2.a. of the Law Enforcement Services Agreement between the Town of Fountain Hills and Maricopa County on behalf of the Sheriff’s Office, is the updated Worksheet (Exhibit A) with Law Enforcement charges for FY 2023, effective July 1, 2022. The FY 2023 cost is $5,344,831.81. This a net increase of $301,744.95 (6%) from the current year. Nearly all this increase is in Personnel Services. MCSO experienced increases in the average hourly market range costs, the variable benefit rate, and the annual fixed benefit cost per FTE. The Town’s costs for service decreased slightly in Supplies and Rent, and increased in Communications and Information Technology, and Vehicles and Equipment. Please feel free to contact me (602-876-1614) or Suzanne Baier (602-876-1633) with any questions regarding your cost Worksheet. Your contacts for law enforcement service are the Chief of Patrol Bureau East Dave Letourneau, or District Captain, Larry Kratzer. What has transpired in recent meetings did not impact this year’s costing; however, we look forward to finding ways to improve certain areas of the contract in the future. We also look forward to our next person to person meeting and appreciate being your law enforcement service agency. Sincerely, Jim Prindiville Chief Financial Officer Enclosure Copies: Chief Deputy Russ Skinner Chief of Administration Anne Birmingham Scheel Executive Chief of Enforcement Richard Morris Chief Patrol Bureau East, Dave Letourneau District Commander, Larry Kratzer 550 W Jackson Street • Phoenix, Arizona 85003 (602) 876-1000 • Statewide Toll Free 1-800-352-4553 • WWW.MCSO.ORG Worksheet Exhibit A. BEATS 3.80 Operating $5,189,157.10 3% Indirect 155,674.71 One Time 0.00 Total Contract Costs $5,344,831.81 Part 1. Personnel Services $4,563,220.43 Annual Hours Budgeted 2088 Position FTE FY 2023 Average Hourly Base Pay FY 2023 Hourly Variable Benefits Rate Charge FY 2023 Hourly Average Base Plus Variable Benefits FY 2023 Fixed Benefit Annualized FY 2023 Patrol Beat Deputies 19.00 $30.72 77.81%$54.62 $13,632 2,425,892.64$ Detectives 2.55 $29.19 77.81%$51.90 $13,632 311,097.96$ Sergeants 3.00 $41.13 77.81%$73.13 $13,632 498,982.32$ Lieutenants 1.25 $50.59 77.81%$89.95 $13,632 251,809.50$ Captain 0.75 $62.12 77.81%$110.46 $13,632 183,611.48$ School Resource Officer 1.00 $30.72 77.81%$54.62 $13,632 127,678.56$ Clerical/Administrative Assistant 1.00 $18.15 20.86%$21.94 $13,632 59,442.72$ Worker's Comp 28.55 $626.66 (Fund-Wide Allocation per FTE)17,892.19 Unemployment 28.55 $8.53 (Fund-Wide Allocation per FTE)243.55 Dispatch 1.70 (FTE is a total cost equivalent not to be used in other calculations.)124,481.24 Sub Total Salary and Benefits 4,001,132.16$ Staffing Allocation Factor FTE Staffing Requirements 24 hour / 7 day post 5.00 FTE 5.00 Patrol Deputies 1 Beat 8 hour / 7 day post 1.67 FTE 0.50 Detectives 1 Beat 8 hour / 5 day post 1.19 FTE 1.00 Sergeant for 8 Deputies 1.00 Lieutenant for 18 Deputies 1.00 Captain for 30 Deputies 0.14 Clerical for 1 Beat Special Pay (Deputies/Detectives/Sgts.) Eligible Sworn FTEs District Rate Per FTE Cost Cost Includes 77.81% Variable Benefits Overtime 25.55 $19,044.22 486,579.82$ Shift Differential 25.55 $1,005.87 25,700.02$ Regular Over Budget 25.55 $1,949.45 49,808.43$ Sub Total Special Pay 562,088.27$ Part 2. Supplies and Rent 44,534.12$ Total Applicable FTE's 28.55 FTE total minus Dispatch Supply Cost (By District)$395.90 Per applicable FTE 28.55 11,303.60$ Ammunition $406.12 Per Sworn FTE 27.55 11,189.19 Uniform Allowance $800.00 Per Sworn FTE 27.55 22,041.33 44,534.12$ Sub Total Supplies and Rent Town of Fountain Hills (July 1, 2022 through June 30, 2023) Maricopa County Sheriff's Office Law Enforcement Reimbursement Costs and Charges FY 2023 Part 3. Communications and Information Technology (IT)268,095.13$ Sworn FTEs 27.55 Information System Service $147,429.38 Annual Cost 147,429.38$ Monthly Radio Charges $135.58 Per Month (12); 2 per Vehicle Vehicles 15 48,808.80 Monthly Radio Charges Sworn $135.58 Per Month (12) per Sworn FTE Sworn FTE 27.55 44,825.46 Deputy Laptop Connection $41.36 Per Month (12) per Sworn FTE Sworn FTE 27.55 13,674.44 I-Phone Monthly Charge $40.40 Per Month (12) per Device per Sworn FTE Sworn FTE 27.55 13,357.05 268,095.13$ Part 4. Vehicles and Equipment 313,307.42$ Vehicle Cost with Warranty 49,338.12$ Vehicle life 125,000 miles Equipment Costs (Lights; Push Bar; Etc.)20,000.00$ Equipment life 343,750 Component Per Mile Rate Annual Miles (Calculated)Costs Mileage Rate $0.466 340,964 158,889.28$ 158,889.28$ Vehicle Depreciation $0.395 340,964 134,580.23$ 134,580.23 Equipment Depreciation $0.058 340,964 19,837.91$ 19,837.91 313,307.42$ 155,674.71$ Part 5. One-Time Costs This section is reserved for cost reimbursement of replacement or new equipment items that have been identified as necessary for Law Enforcement Service delivery that are not otherwise funded in the Sheriff's operational budget. (Requires amendment.) Sub Total Communications and IT Sub Total Vehicles and Equipment Part 6. Indirect Cost Recovery Indirect costs are recovered at 3% for Sections 1 - 4. ITEM 8. H. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 05/17/2022 Meeting Type: Town Council Regular Meeting Agenda Type: Regular Agenda                  Submitting Department: Administration Prepared by: Elizabeth A. Klein, Town Clerk Staff Contact Information: Grady E. Miller, Town Manager Request to Town Council Regular Meeting (Agenda Language):  DISCUSSION WITH POSSIBLE DIRECTION: Relating to any item included in the League of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature. Staff Summary (Background) This is a regularly recurring agenda item on the Town Council agenda during the legislative session.  The goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to provide direction, if any, to staff to communicate the Town's position on the bills.  Each Council meeting the Legislative Bulletin will be attached to the Town Council agenda which will include legislative analyses of the bills and their impacts on municipalities.  The Mayor and Council will have an opportunity to review the bills that are under consideration in the Arizona State Legislature and provide direction on supporting or opposing the bills.  The Mayor and Council may also bring up other bills of interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.   Last November the Town Council approved the 2022 Legislative Policy Agenda which identified the major legislative priorities of the Town Council. The 2022 Legislative Policy Agenda document and the most recent Legislative Bulletins will also be included during the 2022 Legislative Session. Related Ordinance, Policy or Guiding Principle Council adopted 2022 Legislative Policy Agenda Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to provide staff direction on one or more bills being considered by the State Legislature. Attachments 2022 Legislative Policy Agenda  Bulletin - Issue 16  Bulletin - Issue 17  Form Review Inbox Reviewed By Date Town Manager Grady E. Miller 05/05/2022 07:19 PM Form Started By: Elizabeth A. Klein Started On: 05/05/2022 04:44 PM Final Approval Date: 05/05/2022  1 2022 State Legislative Agenda The Town Council of Fountain Hills Prepared by Jack W Lunsford The Lunsford Group 2 Mission To enrich and provide an active quality of life for all residents and visitors through proactive community engagement, resolute stewardship of amenities and open spaces, and the enhancement of the overall health and well-being of our town. Strategic Priorities The Fountain Hills Strategic Plan is based on the following key goals or strategic priorities: Maximizing Economic Development Opportunities in Fountain Hills o Ensuring that Infrastructure in Fountain Hills is Well-Maintained and Safe o Attracting Families and Working Professionals o Ensuring that Fountain Hills Finances are Stable and Sustainable o Focusing on Strengthening the Community and Improving the Town’s Quality of Life 2022 Legislative Resolutions League of Arizona Cities and Towns (Endorsed and Supported)  AMEND state statute to specify a period when cities and towns may prohibit the use of permissible fireworks and modify definitions of illegal and permissible fireworks.  AMEND statute to allow cities and towns to amend their budgets after the initial budget has passes while following notice and hearing statutes and with strong oversight and approval requirements.  SEEK legislative and/or non-legislative solutions, working with housing and homeless advocates, the Department of Housing, and state legislators, to provide local governments, regional partners, and continuum of care providers additional resources to combat street homelessness in our communities.  SIMPLIFY the statutory mechanisms to dissolve water and wastewater districts once an area incorporates or gets annexed to relieve the tax burden on the citizens, if the town or town provides the same service that had been performed by the district, or the district service is no longer needed. 3 Town of Fountain Hills 2022 State Legislative Agenda CORE PRINCIPLES Preserve Local Funding PROTECT State-Shared Revenues – Arizona voters have prohibited municipalities from collecting a local income tax and luxury taxes and, in exchange, have authorized the establishment of an urban revenue-sharing distribution of state income taxes to municipal governments. Currently that percentage is 15%, however in 2021 the Legislature passed SB1828 which increased revenue-share percentage to 18%, effective in fiscal year 2023-2024. SB1828 is now on hold pending a final ruling from the Arizona Supreme Court as to the constitutionality of this and other 2021 legislative actions and, depending on the outcome, this could put pressure on the Arizona Legislature to revisit the provisions of the new law. Preserve Local Control OPPOSE Preemption of Local Authority – The Town strives to preserve local control so that its citizens can self-govern in their best interest. Every legislative session legislation is proposed that creates unfunded mandates on cities and towns and/or preempts the ability of municipal councils to set policy through ordinances and regulations at the local level which are in the best interest of their citizens and taxpayers. Often times this is a “one-size-fits-all” legislative approach that doesn’t consider the differences in municipalities or the priorities of the residents. Such efforts should be opposed. 2021 Key Positions  PRESERVE the current minimum urban revenue sharing percentage for cities and towns at 15%.  OPPOSE legislation to modify or expand legislative authority to seek SB1487 investigations by legislators pertinent to municipal authorities and to expand any applicable penalties.  SUPPORT legislation addressing the negative impacts short-term rental properties can have on adjacent properties and neighborhoods.  SUPPORT legislation that at a minimum will prohibit, on all days, the use of permissible consumer fireworks between the hours of 10:00 PM and 8:00 AM. 4 LEGISLATIVE POLICY STATEMENTS LOCAL GOVERNMENT  OPPOSE legislation to modify or expand legislative authority to seek SB1487 investigations by legislators pertinent to municipal authorit y and to expand any penalties.  SUPPORT legislation that further limits SB1487 provisions.  OPPOSE legislation that creates unfunded mandates for municipalities.  SUPPORT legislation on political signs to comply with Reed v. Town of Gilbert U.S. Supreme Court decision. LOCAL GOVERNMENT FINANCE  OPPOSE legislation that reduces or negatively impacts the collection of transaction privilege tax (TPT), State Shared Revenues, or other local revenues.  OPPOSE changing the imposition of construction sales taxes to “materials only” or other methods that do not equitably return those revenues to where the construction activity occurs. NEIGHBORHOODS and QUALITY OF LIFE ISSUES  SUPPORT legislation providing additional tools and remedies for municipalities to regulate short-term rentals in their communities.  OPPOSE legislation that would limit or curtail the Town’s current zoning authority, particularly in residential areas.  OPPOSE legislation that would prohibit or eliminate the transaction privilege tax on the renting or leasing of real property for residential purposes.  OPPOSE legislation that preempts a city or town from establishing or enforcing its ordinances regulating tobacco, vapor, or alternative nicotine products. 5 PUBLIC SAFETY  OPPOSE legislation that negatively impacts the Town’s Fire Code or its ability to enforce its Fire Code provisions.  OPPOSE legalizing additional fireworks or other changes that would increase the risk of fires to businesses, neighborhoods, residents and the McDowell Mountain Preserve.  PRESERVE local control authority that allows cities and towns to regulate the use and discharge of firearms within municipal boundaries. TRANSPORTATION  SUPPORT extension of ½-cent sales tax to support regional transportation projects in Maricopa County.  SUPPORT the continued viability of Highway Users Revenue Fund (HURF) funding to cities and towns. AZ League Legislative Bulletin: Issue 16 - April 29, 2022 Legislative Update: Today is the 110th day of the legislative session. The Legislature has sent 220 bills to the Governor, of which 197 have been signed into law. No measures have been vetoed. Lawmakers continue to parse through the remaining bills with light calendars. With budget negotiations ongoing and little known progress made, both chambers adjourned until next Monday following Wednesday’s floor session. The House announced that the chamber will hold floor sessions on Mondays and Thursdays for the next two weeks and adjourn on Tuesdays and Wednesdays. It is unclear whether the Senate will follow suit. At this point, there are 149 measures pending the Rules committee in both chambers. 112 bills await Committee of the Whole, and 20 measures are ready for Third Read, most of which are house bills pending action from the Senate. Budget Outlook Last week, the House Appropriations Committee met to consider a baseline budget that continues funding for state government. Though intended as a starting point for future budget negotiations, the effort was ultimately rejected by lawmakers on the committee, with all bills failing to pass 6-7. With one-vote majorities in both chambers, speculation grows over the prospect of a bipartisan budget. House and Senate majority leadership teams are set to meet next week to review each chamber’s budget requests. However, some GOP lawmakers have made it clear that they cannot support a budget that does not include their specific priorities. At the same time, other GOP legislators want to see less spending overall, leaving many wondering whether the majority will negotiate with democratic lawmakers to garner sufficient support for a budget package. Proposition 307, which sought to refer the 2021 flat tax package to voters in the 2022 General Election, was ruled invalid by the Arizona Supreme Court last week. The court ruled that tax cuts are protected from the referendum process and accepted arguments contending that the state constitution prohibits voters from referring matters affecting the support and maintenance of state operations. Before the ruling, legislative leadership expressed interest in accelerating the flat tax; however, given the Supreme Court’s latest ruling, it is unclear whether lawmakers will continue to pursue an acceleration. League Policy Committees Next week, the League will conduct its first round of the 2022 policy committee meetings. The policy committee process allows cities and towns to submit policy issues that can be discussed and vetted in one of the five policy committees comprised of both elected officials and municipal staff. Proposals may become a League Resolution, be referred for further study, or have a non-legislative solution. The due date for submitting proposals for the May meetings has passed. The second round of meetings will take place in early June. The deadline for submitting proposals for the June meetings is May 31st. Two documents linked below provide additional information on the policy committee process: COVID-19 Preemption A number of measures preempting COVID19 mitigation efforts were introduced this session. Two of these efforts have recently been signed into law:  HB 2498 COVID-19 vaccination requirements; prohibition, sponsored by Representative Jake Hoffman (R-Queen Creek), prohibits government entities from requiring a state resident to receive a COVID-19 vaccine.   HB 2616 mask mandates; minors; parental consent, sponsored by Representative Joseph Chaplik (R-Scottsdale), prohibits any political subdivisions from requiring that an individual under 18 wear face coverings without parental consent. A similar bill prohibiting government entities from requiring face masks to be worn on their premises, HB 2453 is pending Senate Third Read. 2022 Session Timeline Every session has deadlines pertaining to bill submissions and hearings. This year, the schedule is as follows: January 1/10 – First day of session 1/13 – House 7-bill Introduction Limit Begins (5 p.m.) 1/31 - Senate bill introduction deadline (5 p.m.) February 2/7 – House Bill Introduction Deadline (5 p.m.) 2/14 - 2/18 – Last week to hear bills in the chamber of origin March 3/21 – 3/25 – Last week to hear bills in the opposing chamber April 4/15 – Last Day for Conference Committees 4/19 – 100th Day of Session AZ League Legislative Bulletin: Issue 17 - May 6, 2022 Legislative Update: Today is the 117th day of the legislative session. Floor calendars have been sparse, and this week the House of Representatives only gaveled in on Monday and Thursday and will maintain that schedule into next week. Of the 1,780 bills introduced, 218 have been signed into law. There are 276 measures that still have the potential to move forward in the legislative process: 84 House bills are ready for consideration in the Senate Rules Committee, and 62 Senate bills are pending action from the House Rules Committee. There are 106 bills are ready for consideration in Committee of the Whole, and 19 bills are ready for Third Read, most of which are in the Senate. Five bills are pending a final vote, and two other measures are pending Conference Committee action. No measures have been vetoed. With little action from lawmakers this week, the capitol community is bracing for another lengthy session this year. Only the 2015 session adjourned before the 100th-day mark in the past decade. The 11-year average length for a regular session is 122 days. Budget Outlook Lawmakers have not yet agreed on a budget compromise at this point. Capitol media outlets reported that House and Senate GOP leadership met every day this week with JLBC staff to work through a draft budget proposal. An attempt to pass a ‘skinny budget’ failed in the House Appropriations Committee on April 20th, where lawmakers drew clear lines in the sand about where their budget priorities stand. Whether a path exists to get a majority of lawmakers to support a budget remains unclear. The Legislature has until July 1st to pass a budget. I-10 Widening Governor Ducey signed a measure into law on Wednesday to appropriate $400 million to widen a 26-mile stretch on the I-10 between Chandler and Casa Grande. SB 1239 appropriation; widening; I-10 sponsored by Senator T.J. Shope (R-Coolidge) passed both chambers with strong bipartisan support. In addition to widening this highway section, the funding will improve bridges and interchanges, replace a bridge over the Gila River and improve safety. The effort is expected to provide relief to commuters and commercial traffic, who often face congestion and long delays on the two-lane track. In total, the project is estimated to cost $990 million. In addition to these newly appropriated funds, $290 million will be covered by previously budgeted monies via state, county, and federal dollars. The Department of Transportation is set to apply for a $300 million federal grant to cover the remaining costs. Project construction is expected to begin early next year, following environmental review and clearance, with completion planned for 2026.