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HomeMy WebLinkAbout2023.0221.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL February 21, 2023 A Regular Meeting of the Fountain Hills Town Council was convened at 16705 E. Avenue of the Fountains in open and public session at 5:30 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth; Councilmember Allen Skillicorn Staff Present: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately ninety-four members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Post -Production File Town of Fountain Hills Town Council Meeting Minutes February 21, 2023 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. Page 1 of 84 TOWN OF FOUNTAIN HILLS Page 2 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: Good evening, everyone. Thank you for coming. Please stand if you'd like for the pledge and remain standing for the invocation. ALL: I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Wonderful. Rabbi? Is Rabbi Mendy here from -- oh, there you are. Welcome. RABBI LIPSKIER: Thank you for giving me the opportunity. 1 feel humbled and especially grateful to be a citizen and a resident of this great town, and I want to thank everyone for being here today, taking out of your time to be here. It's a beautiful thing to see so many of our residents here today and especially the children. It's an amazing thing. I saw one sign. I don't want to miss -- I saw (indiscernible) sign, so congratulation to all the amazing children that are here today. And with that, almighty God, master of the universe, the members of this august body, the Fountain Hills Town Council, convene here today to fulfill one of the seven commandments which you issued to Noah and his family after the Great Flood, the commandment that all societies be governed by just laws. As stated in the Book of Genesis and its sacred commentaries, you issued at that time the following seven laws: To worship you and you alone; never to blaspheme your holy name; not to commit murder; not to commit adultery, incest, or any sexual misdeeds; not to steal, lie, or cheat; not to be cruel to any living creature; and that every society be govemed by just laws based on the recognition and acknowledgment of you, oh God, as the sovereign ruler of all humankind and of all nations. Grant, almighty God, that the members of this chamber constantly realize that by enacting just laws they are doing your will. Almighty God, I beseech you today to bless the chamber and our entire nation in the merit of a spiritual giant of our time and of our country, the Rebbe, Rabbi Menachem and Schneerson of saintly blessed memory. We will soon mark the 121 st anniversary of the Rebbe's birth, a day of reflection and action, and one which should energize us to be godly beings. Grant, almighty God, that during this special year of Hakhel gathering, commemorating a once in seven years biblical Page 2 of 84 TOWN OF FOUNTAIN HILLS Page 3 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES event of unity and spiritual growth, the members of this council, led by the honorable Mayor Ginny Dickey, be cognizant that their gathering here today fulfills a sacred purpose and may your blessing rest upon the work of their hands. Amen. ALL: Amen. MAYOR DICKEY: Thank you so much. Roll call, please? Sony. MENDENHALL: Thank you, Mayor. Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor McMahon? MCMAHON: Here. MENDENHALL: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember Grzybowski'? GRZYBOWSKI: Present. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Toth? TOTH: Here. MENDENHALL: Councilmember Skillicom? SKILLICORN: Here. DICKEY: Thank you. We begin our meetings with reports from the Mayor, Councilmembers, and Town Manager. Do we have any reports today, Grady? MILLER: 1 do not. Thank you, Mayor. MAYOR DICKEY: Thank you. TOTH: We have the high school boys' basketball team. They are undefeated and they are currently in their quarterfinals, so everybody wish them good luck. I am definitely clipping that video and sending it to them. They'll be very happy Page 3 of 84 TOWN OF FOUNTAIN HILLS Page 4 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES for the support. So that's my report. Oh, also Fountain Festival this weekend. Shameless plug. GRZYBOWSKI: Not shameless plug. It's a great plug. Everybody needs to be reminded about that. I attended the Phoenix East Valley Partnership for Critical Infrastructure and Transportation Committee meeting last week, where we got updates on water as well as the Prop 400 extension. One of the things that I want to remind everybody is the Prop 400 extension we want approved at the state legislator level, not because they automatically approve the extension; rather, what it does is give us, the voters, an opportunity to make a decision on the Prop 400. And I want to make sure that everybody understands that. We had two legislative update calls with the Arizona League of Cities and Towns over the past couple of weeks. And I also had a chance to sit down with Tom Aiello of the Crisis Response Team. They've come a long way in the past three years since the last time I sat down with him. It's amazing the stuff that they've added to their list of things that they do for us here in town and supporting both of our police as well as our fire emergency services. I feel like this is a huge missing that we've had here in our emergency response team. Also, it's my favorite day of the month. It's Stellar Student Day. I love seeing this place filled with the youngsters. And I'm going to tell you now before the Mayor even has a chance to talk to you. You're allowed to stay after you get up and get your picture taken with the Mayor. It's very exciting, I swear. Actually, in all honesty, it's really intriguing to see how your government runs and hear public speaker cards. That they're involved and get to speak to us. It's not just all us talking to you. They get to talk to us as well. So if you have had dinner, stay. I'd love it if you did. Okay. Thank you. MAYOR DICKEY: Thank you. Councilman? Page 4 of 84 TOWN OF FOUNTAIN HILLS Page 5 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES FRIEDEL- Thank you, Mayor. I did attend Manny's mens store's open house this past week. If you haven't been down there, they've got some great items down there, so support local. And I had the pleasure of attending the Daughters of the American Revolution Tea this past weekend. Several of us did and I'm sure others will mention that, too. They probably had about 200 people there. It was really a great event. And as Hannah pointed out, I did attend the basketball game this weekend for our Falcons and they took care and dismantled Payson by quite a large figure, so that was kind of nice, too. And then one statement I want to make, Mayor. I received a correspondence in the mail this past couple of weeks and I just want to make a point about that. That this council is very serious about policy for this town and fixing what needs to be fixed and no correspondence that I receive is going to stop me from representing the residents of this town. I just want to make that point and make it clear to everybody in the audience that we will do what we need to do to represent this town and get things done for this town. Thank you, Mayor. MAYOR DICKEY: Thank you. KALIVIANAKIS: Thank you, Ms. Mayor. Yeah, I had the opportunity to attend the Fountain Hills Cares program this past week. We were discussing our 2023 speaking tour. We're all about helping the kids with Fountain Hills Cares. We have issues of bullying, cyberbullying, drug and alcohol awareness and problems with the kids getting addicted, and also depression and anxiety to our youth. We're trying to address that. It's a real problem in our town and Fountain Hills Cares cares. 1 also attended the Daughters of the Revolution [sic] and that was a wonderful tea party, a great fundraiser. The mayor was there. Much of the council was there. It was a fully attended event and it was wonderful. They're trying to keep the traditions of our country from their founding fathers, so what a good thing. I attended -- this isn't a professional thing I did, but this past weekend the Fountain Hills Community Band played at the Community Center and if you guys aren't Page 5 of 84 TOWN OF FOUNTAIN HILLS Page 6 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES aware of that, they put on one heck of a great show. And we should support our community band and we should support our community chorus and all that's listed on our website. It's free and it's like a professional gig. So I encourage you to attend and they need your support, too, by the way. The last thing is, a lot of us went to the basketball game and how exciting that was. The next one's going to be up in Prescott and if you have the time and the energy, I'd recommend you go there. It's such a wonderful thing to see these kids play. To me, it's better than professional basketball. It's that excitement, that energy that you just can't capture. So anyway, that was my two weeks. Thank you. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Mayor, I'll kind of echo on some of the things I've heard up here and I'll be brief So this weekend, obviously, we have the fine arts fair, Friday through Sunday. If you have an opportunity to come down, visit. We have vendors that are coming in from all over and obviously would appreciate your business. But this is where our town really shines. And it shines even brighter with all of you guys. A couple other things is we talked a little about basketball -- go Falcons. Tipoff was ten minutes ago in Prescott. So I would encourage everyone to stay through the meeting, obviously. We're recognizing some kids tonight, but I also understand if you want to go and watch the game online, also. I get it. This is an exception, because we have such an exceptional town and team. And I wonder about talking -- we should talk about a parade for that, because they earned it anyways, so -- MAYOR DICKEY: Thank you all. So President's Day was yesterday. I was looking up a little bit about it. The federal holiday typically honors all of our presidents, but it began as a way to mark George Washington's birthday, which is actually tomorrow. He was born in 1732. And Abraham Lincoln's birthday was February 12th and he was born in 1809. So per Douglas Bradbum, who's the president and CEO of Washington's Mount Vernon in Virginia -- said that yes, Washington was the general who won the American Page 6of84 TOWN OF FOUNTAIN HILLS Page 7 o184 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Revolution and he's celebrated as such. Presidents Day now is a civic marker for Americans to think about leadership in the context of representative democracy. So I hope you all had a good holiday weekend. I've had several constituent meetings over these two weeks. I see our school superintendent is here. I met with (indiscernible). I spoke to a university group and again, did the welcoming at the DAR in Fountain Hills tea. I went to the Chandler State of the City with the Vice Mayor. We had the Fountain Hills Cares, GPEC Mayors and Supervisors, ribbon cuttings. We had a ribbon cutting for former Councilman Mike Schamow and the FlowerGirl, so that was fun. And Grady and I met with our -- who's going to meet you all tonight -- our new Republic representative, Michael Roldan. He's the municipal manager and we also met with general manager Sidiq Young. So that's what we were up to. So right now, our next item is the recognition of the Stellar Students. And you'll see I have right after that a proclamation for the American Red Cross, and we do have Kurt Kroemer here and Melody Birkett. They're both from the Red Cross. So what I'll do is, I'll read the kids up here first, and then you guys come up as I read your name. Angela will give you your certificate. We'll take the picture. And I'm going to bring the Red Cross proclamation down there and ask Kurt and Melody to come up after we get through with the kids while I'm down there. So we will start -- we always start with McDowell Mountain. And our first student is Emma Tobias. Is Emma here? Yay, Emma. Come on up. Right over to Angela. Emma is always a Stellar Student in my STEM classroom and in her regular classroom and in the whole school, for that matter. She's such a tirelessly hard worker. She does her best at all times. I've never seen her give up on anything, even when it's hard. She takes the time to say good morning to everyone, and even asks the teachers if they had a nice weekend, or if they had a good day. She's an amazing friend to others, is the first one to offer help to a classmate whenever it's needed. Emma is the student that will volunteer to walk a student to the nurse and she steps in without being asked when someone needs a partner. Her kindness shows in everything she does. That's Emma. Page 7 of 84 TOWN OF FOUNTAIN HILLS Page 8 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES You stay right there. Hey, Emma? Emma? Would you stay right up there, Emma? And then we'll all -- all the other guys will join you. Speaking of, next from McDowell is Kamdyn Welty. Is Kamdyn here? All right. Kamdyn is a perfect example of a Stellar Student. Not only does he always do his very best on his academic work, but he's extremely polite and considerate of others. Kamdyn will step in immediately if someone is struggling with an assignment, or if someone needs a partner. He'll do anything he can to make his classmates -- make them feel -- help his classmates and his teachers. Whenever I'm looking for a student that's demonstrating the Falcon Way, there's Kamdyn, trying so hard to be the best he can. In STEM class, he's very capable and excels at whatever we're working on. But what impresses me the most is the way he looks out for others and steps in to help when needed. Kamdyn. Our next student from the middle school is Grace Vickers. Is Grace here? All right. Grace is a thoughtful student who is a quiet leader by example in our class. She works well with others and is someone who will help teachers and classmates even before being asked. She's very artistic and cares a lot about both the quality and the presentation of her work. She's self -motivated and will take extra steps to make sure her work is well done. Grace spends extra time each week during our affirmation time to make sure she crafts a very thoughtful and positive note to the student who's in the chair. Sounds like that's a good thing. That's Grace. Also from the middle school, Luke Sexton. Is Luke here? Luke is a hardworking, creative student with talents in robotics and engineering. He works really hard in class and he's always looking at how and why things work, and how they can be improved or altered to perform a different function. In addition, he's very kind, thoughtful, and a polite young man who represents the Falcon Ways of respect, responsibility, safe, and kindness. That's Luke. From the high school, Kathrinc Hampton. Is Kathrine here? Thank you. Page 8 of 84 TOWN OF FOUNTAIN HILLS Page 9 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Katie. Katie is one of the hardest working AP students that I have a Fountain Hills High. She's always constantly engaged, working, and collaborating on Advanced Placement materials in my class, which is not an easy task. Outside of the classroom, Katie's heavily involved in student govemment, where she and several of her peers have tackled the challenge of planning the Hoopcoming Dance Social. Through collaboration with her peers and community, Katie has successfully planned that event and all our high school can enjoy, all with minimum supervision and oversight outside of the student govemment supervisors. Katie. And from Fountain Hills High School, Tyler Cosman. Is Tyler here? UNIDENTIFIED SPEAKER: He's playing basketball. MAYOR DICKEY: Oh. Well, he had his accolades already. Well, in addition to that, Tyler is an excellent overall student who upholds the standards of his school and community each and every day he steps into that social studies classroom. In class, Tyler works hard. He's respectful to his peers and engages thoughtfully in class discussions and content in general. Out of the classroom, Tyler is a leader on the basketball team and an excellent team player. Let's give it up for Tyler. All right. Come down here and we'll take a picture. Look over at the camera. Smile. UNIDENTIFIED SPEAKER: (Indiscernible) and look happy. SKILLICORN: Good job. (Indiscernible) did a great job. MAYOR DICKEY: Thank you very much. Thank you, guys. Thanks for coming. UNIDENTIFIED SPEAKER: Let's go (indiscernible). MAYOR DICKEY: Thank you. Thank you, parents, teachers, everybody that came to honor your kids. So now I'm going to do a proclamation for Red Cross. Is Kurt -- I want to say it right -- Kroemer and Melody I3irkett here? Regional executive officer and regional communications director? Come on up. Thank you. I'm going to give you this to hold onto and then I'll read it out of my -- with my Page 9 of 84 TOWN OF FOUNTAIN HILLS Page 10 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES large writing so I can tell -- So whereas during Amcrican Red Month in March we celebrate the humanitarian spirit of the Town of Fountain Hills and reaffirm our commitment to help ensure no one faces a crisis alone, and whereas caring for one another's at the heart of our community and exemplified by the people of Fountain Hills, whose simple acts of kindness through the Red Cross provide help and hope in people's most difficult moments, continuing the lifesaving legacy of Clara Barton, who founded the organization more than 140 years ago to prevent and alleviate human suffering. And whereas Red Cross staff and volunteers host blood drives, respond to disasters, and install free home alarms in neighborhoods that can't afford them. Their philanthropy team and SAF, which is Services to Armed Forces, are also very active in the community. In fact, 90 percent of their workforce is made up of volunteers. Whereas every day these ordinary individuals lend a helping hand to make an extraordinary difference for neighbors in need, whether it's providing emergency shelter, food and comfort for families displaced by home fires and other disasters, donating lifesaving blood for life -threatening conditions, supporting military members and veterans along with their families and caregivers, using vital skills like first aid and CPR to help others survive medical emergencies, or delivering international humanitarian aid and reconnecting loved ones separated by crisis. And whereas their support, volunteerism, and generous donations are critical to our community's resilience, we hereby recognize this month of March in honor of all those who fulfill Clara Barton's noble words, which are: You must never think of anything except the need and how to meet it. And I would ask everyone to join in this commitment. Therefore, we do proclaim March 23rd [sic] as Red Cross Month in Fountain Hills and we'll be lighting up our famous fountain in red on March 3rd through the 5th, and I encourage all citizens of Fountain Hills to reach out and support this humanitarian mission. Thank you. KROEMER: That was a long proclamation, and you should never follow kids. But let me say, you know, the Red Cross, seriously, 90 percent of our workforce is volunteers. Anytime you see a Red Crosser on TV, it's probably a volunteer. And we are all around Page 10 of 84 TOWN OF FOUNTAIN HILLS Page 11 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES the world, every single day, every single moment you see us everywhere. And so I just want to thank the Town of Fountain Hills. You support us in innumerable different ways and we're just proud to be part of this community. So thank you so much. MAYOR DICKEY: All right. Our next proclamation is Black History Month. We didn't get anybody. They were out of town, so I'm just going to read it from up here. But we have it and we'll put it with our proclamations in town. Whereas Black History Month is an annual opportunity to recognize the essential role of African Americans in the history of our state and nation, and during Black History Month we celebrate the many achievements and contributions of African Americans to our economic, cultural, spiritual, social and political development; and whereas the national commemoration of black history in the United States dates back to 1926 and was initially observed the second week in February to coincide with the birthday of Abraham Lincoln and Frederick Douglas, and by the late '60's the week had evolved into Black History Month, thanks to growing awareness of the experiences of African Americans; and whereas Black History Month was officially established in 1976 by President Gerald Ford, who called on the public to seize the opportunity to honor the too -often neglected accomplishments of Black Americans in every area of endeavor throughout our history and has been recognized by every U.S. president, governors, and other officials across the country and in the State of Arizona; and whereas on February 22nd, 2012 -- wait -- George Washington's birthday -- oh, yeah, sorry. In 2012, on George Washington's birthday, people across the United States celebrated the groundbreaking of the National Museum of African American History and Culture, which opened to the public in 2016 in D.C. And whereas the Town of Fountain Hills honors the significant contributions and advances made by African Americans in such areas as education, medicine, art, culture, public service, economic development, politics and human rights; and whereas in the face of injustices, people of goodwill and of all races have distinguished themselves with a commitment to the noble deeds and ideas on which the U.S. was founded and have fought courageously for the rights and freedom of African Americans and all others; and whereas we see the greatness of America in those who have risen above and enriched our Page 11 of 84 TOWN OF FOUNTAIN HILLS Page 12 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES society; now, therefore, 1, Ginny Dickey, Mayor, do hereby recognize February as Black History Month and urge all to join in celebrating the contributions of African Americans to our community, state, and nation. Thank you. All right. Now, I've lost my actual agenda. Sony about that. MCMAHON: (Indiscernible) . MAYOR DICKEY: Thank you. Sony about that. So next we have our public appearances and I'm going to find this. Thank you. So our first one is our second quarter economic development. Am I reading that right? MILLER: Actually, Mayor, Mr. Roldan is from Republic Services. MAYOR DICKEY: Okay. MILLER: I believe we'll let our guests go first, if you're okay. MAYOR DICKEY: Oh, okay. Let's do that then. We'll introduce Michael Roldan from Republic Services. Come on up and welcome to Fountain Hills. ROLDAN: Thank you. Is this speaker okay? Okay. MAYOR DICKEY: I think the volume is (indiscernible) a little bit. ROLDAN: Sure. Thank you, Mayor Dickey and Mr. Grady Miller for having me this evening, and I appreciate council for giving me the opportunity to introduce myself. I am the new face of Republic Services, at least as according to the town. And so I just wanted to review a couple of things that we have as far as initiatives are concerned for this upcoming year with regard to Republic Services, as well as for bulk pickup. So it's encouraging to see so many faces. This is the first council meeting that I've ever been to and I happen to be speaking here, so I appreciate the grace in advance, but are they typically this well attended? Or is this the anomaly? Okay. Well -- ROLDAN: It's wonderful to see all the faces and it's encouraging. But again, my names Michael Roldan. I'm representing Republic Services. What Page 12 of 84 TOWN OF FOUNTAIN HILLS Page 13 of 84 FEBRUARY 21, 2023 TOWN COUNCIL. MEETING MINUTES brings me here is to talk about the free bulk schedule for all the residents to begin on March Ist. So for those living inside zone I, as mentioned in the handouts -- and I have the handouts back there that I'll distribute out to council, so you guys a physical copy of the bulk schedule that was already distributed out, I believe, in January. But it's a free service that Republic Services provides to its residents. And it's annually. There's nine different zones that we will be starting as of March 1st. So if anybody has any questions with that schedule, feel free to reach out to myself. I've got my card attached, too, all the information. I'd be happy to have a conversation with anybody as well. A couple of new initiatives for Republic Services moving into 2023, one of which is electrification of our vehicles. Environmental services is something that we are spearheading for this upcoming year, as well as charitable giving, and I'll be back here in a couple of weeks giving a grant that we have from Republic Services, up to $10,000 for those nonprofits that have been selected, so looking forward to delivering two giant checks in a couple of weeks here. And then we have a brand-new recycling facility happening in your backyard here, coming in June. And again, I'm going to be happy to invite everybody to that recycling facility come June when it opens. So I'm hoping that I'll be able to coordinate and get you guys involved in a tour, so you guys can see the good work that we've done over the past couple of years as this process has -- finally coming to an end. So that is all that I have from [sic] you. I'm going to skedaddle. Thank you so much for allowing me to address the council today, and if you guys have any questions, I have my information behind me and will be happy to distribute it. MAYOR DICKEY: Thank you. Does anybody have any questions for Michael from up here? MILLER: Mayor, Ijust wanted to just point out -- so thank you to Republic Services. We have in the contract -- this is one of the free services. So this is where people are able to put large items they want to dispose of, landscaping or material, right at the front of the curb on, you know, their property side. This is something we put in the contract in 2019, so this benefits every resident here in town. Page 13 of 84 TOWN OF FOUNTAIN HILLS Page 14 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES The other thing, too, that the company did was we were able to negotiate and put in the contract also the household hazardous waste collection day event and also the electronics recycling event. So those are all things that are in the contract that Republic Services does for our community and we really appreciate all of that. Thank you. ROLDAN: It's my pleasure. Thank you. MAYOR DICKEY: And we look forward to seeing you next month to give out the checks. ROLDAN: We're looking forward to it, too. MAYOR DICKEY: Thank you so much. SKILLICORN: Quick question. MAYOR DICKEY: Oh, I'm sorry. Go ahead, sir. SKILLICORN: Mayor, do we have a date yet for the electronics recycling? MAYOR DICKEY: 1 don't know. Do you know? ROLDAN: I'll connect with the team and take a look. I don't have the dates prepared with me today, but I'll let you know for sure. Yeah, absolutely. MILLER: It usually coincides pretty closely with the shredding event that the library does, so it's usually the same day but at another location. So we'll get back to you on that. MAYOR DICKEY: Thank you. Thanks very much for coming. ROLDAN: Thank you. I appreciate it. MAYOR DICKEY: You're welcome. Now, our economic development second quarter report and Amanda Jacobs, our director, will come up and show us what she's been up to. Thank you. JACOBS: Good evening, Madam Mayor, members of council. Give me a moment while I pull up the presentation. As the Mayor mentioned -- look at that, I can't multitask. Give me one second. This is our second quarter update from October to December, but also if there's some recent things that have occurred, I'll just mention those so it doesn't take months to get everyone up to speed. Page 14 of 84 TOWN OF FOUNTAIN HILLS Page 15 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES So always like to start off with business attraction and so again, from the period of October to December, we welcomed two new businesses along the Avenue. That's the CBD Store P39 and Manny's Park Place, so same owners as Classy -Jazzy and some of the other ones that Jim (ph.) always says. And then coming soon -- I wanted to bring this back up. There were some questions the last quarter on Dutch Bros. So Dutch Bros is still happening. Hopefully, you're starting to see some of the site work happening. What is currently sort of holding up, if you will, the process of the building is Dutch Bros is working with our sanitation district to move a sewer line. So things are happening. We just ask you to be a little patient. Motor Vault is still under construction. And then if you'll sort of see on the left side, the bottom, so as you're coming in -- and I remember this vividly when 1 was coming to apply for the town, coming off of the Beeline, entering Shea, I took pause at the building that you see that is partially torn down. So I took pause. And so we're happy to report that we do have an owner that has come in and provided our development services director with formal site plans. So it's kind of been in the works for the past few months, but again, until it's a little bit formal and we have some things on the dotted line, we don't want to present that to council and the public. And so it is called Coffee Roasters, so hopefully you can guess there's going to be a little bit of roasting of coffee happening. And so it's going to be a two-story building and so the owner actually owns a sign company in Mesa, but has been doing a lot of work in Fountain Hills and bringing a part of that business here. And so they're responsible for the entryway sign at Fountain Hills Theater, as well as the Fountain Hills Chamber of Commerce. So that will be an element of the business. Of course, the coffee roasting. And at the bottom, it's not going to welcome folks in, but welcome folks into a window to either purchase coffee or a Danish. There'll also be drive-thm. There was already an approved drive-thru at that business. And as you go through the drive-thru, you'll be able to see some of the roasting in action, if that's something that appeases you. All right, business retention and expansion. So still working closely with our Page 15 of 84 TOWN OF FOUNTAIN HILLS Page 16 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Fountain Hills Chamber of Commerce, again we launched this in June, an official Business Retention and Expansion Program where we're going into businesses and meeting them. Since this is the first time I'm presenting to some of our newer councilmembers, just want to refresh everyone's mind on some of the top three things that the Chamber and myself have been seeing. And then of course, we have rotating councilmembers coming in. But one of those things was the sign code. So again, maybe a bit confused on what is allowed, what's not. Asking for a little bit of flexibility on the extension on how long an A -frame or a banner can be placed. And also just some opportunities to maybe introduce some new signs. So staff has started to put together some material to help educate our businesses. We have put that on pause just to see what councils direction is regarding the sign code. The second thing was events. And so our businesses are telling us, we don't care if the town's putting on an event or if the Chamber's putting on an event. But if there's a largescale event, please let us know, so that we can do right by the town and we can staff up because it leads into the third issue, which is workforce. So it's a challenge in trying to attract employees and retain them. And then I'll let you guys know -- you've heard this. I sound like a broken record. This is not a Fountain Hills issue. This is an issue nationally. Second, downtown. So we've been teasing for the past few months that myself and the Chamber have been meeting with several businesses along the Avenue to try to formally put together a formal merchant association. After about six to seven months, I'm pleased to report that last month it became official. We had a launch party inside the Chamber lobby. And then just a couple weeks ago we had other people start to participate and there are several areas that the group is looking at. Of course, marketing, trying to attract more events and people, as well as appearance, so what is the long-term vision of the downtown, the aesthetics, you know, the banners. And then on those same days, what is happening is that formal merchant association, the officers, are meeting after to see, you know, what do they need to put on the next agenda? What do they need the town and Chamber support on? Page 16 of 64 TOWN OF FOUNTAIN HILLS Page 17 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES All right. So you remember, council, these two slides you heard me talk about last month at our Economic Development Summit, which we'll talk about a little bit later. But just for transparency, wanted to again bring it to the public. And so you'll see our first two apartments, those are fairly new, just opened in about August/September. And you'll see the occupancy rate is at 75 percent, 87 percent. The Four Peaks Vista Condos is again a little bit lower because not 100 percent is for rent, if you will. So that's 75 percent. The Havenly at Fountain Hills is 90 percent occupied and 92.5 is leased. So again, they've just kind of wrapped up construction and so that's why you're seeing those two different numbers. And Luna at Fountain Hills and Park Place at Fountain Hills are in the 90 percentile. And so again, showing this to council and the public to show really, we have a sort of supply/demand issue, and I've shared with you personally when I relocated here and was looking to become a Fountain Hills resident and wanted to do it in a couple of weeks and made magic happened [sic], it was a little challenge to make magic happened [sic]. But I made it happen. All right. Our vacancy rate, existing buildings. So on here, last quarter, if you look at the first column that says vacancy rate, I had shared with you all publicly that staff knew -- we've just been hearing a lot from the public, from the council, what are the numbers? But I shared with you, in digging deep into CoStar, which is one of the leading, you know, software development companies that looks at commercial data, we were seeing a little bit of discrepancy. And so what we have found out is some of our commercial brokers are not actively listing their sites. So in talking to the brokers and kind of trying to dig deep into the why, some of them just don't see value or they've shared -- well, in the past, in our history, some of our existing businesses have just moved, you know, from one building to another. The problem with that is with economic development the issue is it's not generating new wealth, new capital investment, new jobs, if we're moving from site to site. And so that's a little bit of a challenge. And so what staff had to do -- again, Page 17 of 84 TOWN OF FOUNTAIN HILLS Page 18 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES personally, I would like us to be actively marketing, targeting businesses, but 1 don't know what 1 don't know. So staff had to go out and manually capture some of this data. So if you go to the second column, this is now about I'm going to say 95 percent. I feel comfortable. You'll see that office is a little over 47 percent. Again, this is not something that is unique to Fountain Hills. This is something nationally we are seeing, again because of COVID-19. People got pushed out into their homes. The employees are taking over control and they're like hey, I'll work for you, but I want to be home. Industrial is a little over 10 percent and then the retail is 16.2 percent. All right, our Economic Summit. So earlier in January, we pulled together -- it was by invitation only -- several of our longstanding residents, our community leaders, and some of our business owners. And it was strategic in having it a little tightknit, so we could start to have a conversation. Some of the folks that have been here a long time, again are invested, are business owners. And some of the things that have come out of that is coworking space, sort of solidifying clean industries that we're looking at, branding. But I didn't get enough information to start developing a formal economic development strategy that I'll later bring to council for approval. So in the coming months, were going to be opening up to the entire public. We're going to have it very interactive, different stations, to capture more information that I didn't get or I've been hearing from businesses one on one, but it just didn't rise up during the summit to just again gauge the pulse. So stay tuned, and the public behind me, who's viewing -- Councilmember Grzybowski says there's thousands -- you'll be invited. She says there are. All right. We'll start going into our grants. So our AOT Prop 302 grants, pleased to report we were able to move up the timing of our Visitors Guide. Traditionally, staff was pushing that out in March and April and were starting to lose our visitors by then. And so we got it in hand for December, so that we could display in January. So either have that here, at Town Hall, as well as the formal Visitor's Center, which is at the Chamber of Commerce. And so we were able to expand the guide to include our Dark Sky, live music, meetings, and conventions, and some of the top 10 things to do. Page 18 of 84 TOWN OF FOUNTAIN HILLS Page 19 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES We are in the process -- fingers crossed, we may be able to present it March 7th -- but staff has been working with local business owner Andrew Day with DayLite Films to produce a new tourism video that we'll place on social media, as well as the new website we're working on. We're also starting to work with local business owner Debbie Clason with Clason Communications. One of the new features on the website will be a blog section and so she is helping us. So she is a writer. She's been here longer than I have. And so she'll be blogging on some of the exciting things that are happening in our town and we'll be able to take some of that, again, to put it over into social media. Next, so our AOT VAI grants, the marketing. So this has been a massive team effort by Mr. Bo Larsen and Ms. Linda Ayres in our Community Services Department. So already, this half fiscal year well say, we've already invested over $80,000, and so I'll remind everybody that the town received a grant for $230,000. We're putting that to good work. And so we have several billboards downtown, on the interstate, and the whole goal is to raise awareness on the events that we're having and attract people in the community to not only come for the event, but to dine in our restaurants and stay in our hotels, to again, kind of boost up that sales tax and bed tax revenue. Our broadcast and digital marketing, Bo's been working really closely with PBS and NPR, not just in the state, but also nationally to again just put Fountain Hills on the map. We're working on our Experience Fountain Hills website. So again, we haven't updated that in about seven years, and updating meaning the design. So again, we're going to have a fresh new look and again try to appeal to our audience. We're doing print advertising with Phoenix Magazine. And then again, just as a reminder, we're working with Evolve PR, and so they became highly recommended by Peter Volny, as well as David Racich with the Brokers Alliance, to again help us be an extension of the team and to pitch Fountain Hills. And then last, again, during the last quarter, we were able to invest $15,000 into the Fall Fountain Festival. We're going to be able to do that again this weekend. And then we also invested in a photographer to take new, again fresh content that is not just for the town, but of course for the Chamber to put out on social media and Page 19 of 84 TOWN OF FOUNTAIN HILLS Page 20 of 8/ FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES again as we're looking forward. I'm going to pause here for a second. Staff knew when we applied for these grants it was temporary. And so I just say what staff is thinking about, and again well talk about in the future as we talk about budget, is we have a new governor and as of today we also have a new Arizona Office of Tourism Director. So we're not sure if this fiscal year were going to have the opportunity at 230,000, even $30,000. So it's a bit of an unknown. So well want to look at -- we know we won't be asking for 230,000. Don't get nervous. But to have a little tiny chunk of the pie to again promote the destination. Our partnerships, I don't always go through all of these. But again, I want to point out Fort McDowell Yavapai Nation met with the Mayor, Town Manager Miller, and myself to officially award us over $12,000 for the website. The Greater Phoenix Economic Council, again, because this just recently happened, but you may know that there was a golf tournament and a Super Bowl. But our partners at GPEC were able to gather ten consultants, some people call them site selectors, a couple weeks ago and gave all the communities in the state the opportunity -- or I'll say in the Valley -- to give a two -and -a -half -minute pitch on their community. No pressure. I feel like I did us proud. So we'll see what generates from that. And then Salt River Pima-Maricopa Indian Community, just want to point out again we're continuing to build that relationship beyond just the grant funding. That they're contacting us as they're doing trade missions and so they did a trade mission in Canada, to say hey, we're going to be at a booth. We've invested in this. We would like to focus on outdoor recreation. Fountain Hills is kind of known for that. Would you guys be willing to put together a flyer that we can distribute on your behalf? They're also talking about partnering to bring some folks here. So (indiscernible) people looking to bring events. And so stay tuned on that, but loving how that partnership is growing. I think this is the last slide. I'm going to have to get a drink of water. Our tourism. Again, the hotel occupancy is remaining at 62 percent. Our social media has grown by 25 percent. John's (ph.) like, you should've put a plus sign. I'm like, I'm sorry. But it's 25 percent increase, which is fantastic. Page 20 of 8/ TOWN OF FOUNTAIN HILLS Page 21 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES And then last quarter, you may remember, our unique visitors to the website had gone down by 17 percent. But again, it's the summer. It's low. But there was a 75 percent increase to our site. And again, looking at the Fountain and then the wonderful events that our Chamber puts on and our Community Services Department. Our top five cities have remained the same, Phoenix, Scottsdale, Los Angeles, Mesa, and Omaha. And with that, 1'll be happy to answer any questions. FRIEDEL: Amanda, you had mentioned something about communication and letting our businesses know when events are happening. Who's in charge of that? JACOBS: Madam Mayor, Councilmember Friedel, all of us. All of us are really in charge of that. And so what we did in response to that is again we partnered with the Chamber and staff put together in the fall as well as the spring the events guide. I was planning on bringing it, but I don't have it to do a Vanna White moment. But those are one of the things that we're doing. And again, it's all of our jobs to share that information, but trying to put it on the website, again, I'm fairly new. So making sure that people are adding it to the website, on the Experience Fountain Hills website. Anybody can add an event. But I'll share with you what were trying to do is not be a community event listing, but be more tourism -like. And then again, as well as social media. MAYOR DICKEY: Questions or comments? UNIDENTIFIED SPEAKER: Thank you. MAYOR DICKEY: That makes sense because not every single event's going to affect everybody that way, so -- but to try to reach out, like Gerry was saying, to let them know if there's going to be parking issues or you know, closed streets or any of those things. So that's it? Well, thank you so much. We really appreciate the update and we know you're working hard every day and we appreciate that very much, Amanda. JACOBS: Thank you for your support. MAYOR DICKEY: Um -hum. Our next item is Call to the Public. Do we have speaker cards? MENDENHALL• Yes, Mayor. We do. Page 21 0184 TOWN OF FOUNTAIN HILLS Page 22 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES I just want to point out in your packet you did have a comment on 4C, which is not a public comment, but on another item. Public comment we have first is Liz Gildersleeve. MAYOR DICKEY: I've been told to ask everybody to speak directly into the microphone and to let us know if you're a Fountain Hills resident. Thank you. GILDERSLEEVE: Yes. Liz Gildersleeve, Fountain Hills resident. Good evening, everybody. Just like Captain Kratzer and others give us frequent Town Council presentations from everything to crime statistics to new economic activity, could we also get a once monthly presentation at these Town Council meetings from Justin Weldy or from whoever is responsible for monitoring and repairing our roads? For example, could we learn where potholes are being filled? Where roads, if any, are getting paved, and the status of the roads budget relative to any repairs? It doesn't have to be a long presentation, just a quick update on what is being done or not being done in a given month. It seems we only get an update on road repairs around budget creation time or when the Streets Commission does a presentation. Then it's crickets. By not providing regular public updates, it doesn't seem like our roads are a priority, and they should be. There are cracks and holes on some of our streets that are beginning to rival the streets I left in Illinois. For example, there are numerous cracks on Lost Hills that are six inches wide, several inches deep, and going the length of the street. In some areas, plants are beginning to grow out of these cracks. Anybody in the audience need a Palo Verde seedling or a sagebrush? Head on over to Lost Hills, and check out the makeshift planters in the street. There arc more potholes, of course, on Palisades, along with the old cracks, not to mention the condition of the road near the Veterans Memorial at Fountain Park. And these are, of course, just a few. Everybody has a pothole story, a crack story, in a road near their home. Last few we heard that some weird looking truck was going around taking photos of all the roads. I saw it. It came down my street. So now what? What's next? I ask that you consider making a roads report update a monthly agenda item at these Town Council meetings. That would be proactive and keep this issue in the Page 22 of 84 TOWN OF FOUNTAIN HILLS Page 23 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES forefront. It needs to be a priority for everybody herc. Thank you. MENDENHALL: Next, in your packet you also have a comment, but he's here in person, Barry Wolborsky, to tell you what he said. WOLBORSKY: (Indiscernible). MENDENHALL: Um -hum. WOLBORSKY: I'm Barry Wolborsky, and you know I'm a Fountain Hills resident. And I'm the one that brings all the strange little things to the council. By the way, I have an answer for the roads problem. I think everyone ought to get off -road vehicles. They handle those potholes real well. In our daily walks, my wife and 1 have noticed that more and more dogs are off leash. This is especially obvious in the Four Peaks Park and a bit less obvious in Golden Eagle Park, but still there. We have also noticed that now we're starting to see them on the city streets. Everyone believes that their dog is especially well-behaved. The problem is I'm not sure the dog always believes that. Off -leash dogs are a danger for a number of reasons. Firstly, they can attack humans or other dogs. Two, they can cause traffic accidents by running into the road. And three, it's also very dangerous for the dog to be off leash. We have rattlesnakes, bobcats, coyotes, Africanized bees, and mountain lions. Dogs love to explore. I would like to see the town budget for an animal control unit to be in Fountain Hills a half a day a week until we can get this under control and thereafter regularly for maybe a half a day a month. Nobody wants to see a small child or an old person killed in a brutal, terrible way or disfigured by an off -the -leash dog. That's all I've got. MENDENHALL: Next, we have Crystal Cavanaugh. CAVANAUGH: Good evening. A Fountain Hills resident. At the last meeting, we were subjected to story time, listening to one-sided excerpts from a biased, insignificant, online article that slammed our town, our newest council, and a tiny local grassroots political action committee, all being held responsible for the division of Fountain Hills. We sat and listened as this citizen read online Page 23 of 84 TOWN OF FOUNTAIN HILLS Page 24 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES comments from random unknown people, as though this gave the article credibility. As we all know, the media gets it wrong sometimes, including last week's Times, which incorrectly labeled our Vice Mayor as an attorney, when only councilwoman Kalivianakis is an attorney. The biased, left leaning, AZ Republic article dredged up portions from the previous hit piece they'd done just before the election. It's unlikely that Fountain Hills is such a big priority to its readership that this online journalist on his own initiative was driven to write a follow-up article slamming our newest council and community. And not surprisingly, he did it the lazy way, without verifying or talking to any of his actual targets. Who from our town actually contacted this guy to get him to write a second divisive hit piece? In the first article, one of the sources included a city councilman at the time who himself was guilty of ethics violations, and another who voted against the best interests of Fountain Hills multiple times. Who is it this time? Most likely, someone who is unhappy that the liberal leaning reign of power was disrupted. Our new council is accused of being divisive, but let's step back. It seems to me they are simply listening to the people and trying to do the right thing for us. For that, a recent letter to the editor called them the ROT lock. Intended as an insult, but in reality, not an insult at all. Reclaiming our town from unneeded projects, unnecessary spending, and a lack of transparency is very important. Again, who are the real dividers when you go out of your way to publicly shame this beautiful town or to promote propaganda by saying the council is against wheelchairs and the disabled, simply for investigating reduced spending options? This town is a scenic gem and its land should be treated as valuable. It's not affordable for everyone and it's not a right to have it just because you want it. We have limited real estate here and phenomenal views and that comes with a price tag. Why try to shame those who push back against the choices that would make it a less desirable place to live? Why import more Woke seminars, panhandling, loitering, or the beginnings of a tent city? Page 24 of 84 TOWN OF FOUNTAIN HILLS Page 25 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES This council has different priorities than the previous majority. They want to preserve small town character, maintain investments and property values, promote a positive business climate, strive for transparency and oversight, and want to reduce wasteful government spending. We should stand strong with them and not be intimidated by outside threats, biased articles, or targeted attacks. 1 and many others want to thank you for working to reclaim our town. MENDENHALL: Next, we have Stephen Gay. GAY: Let's sec here. Good evening, Madam Mayor, councilmembers, and totally awesome staff. I have a few comments about social media use and about proposed state legislation that could adversely affect our town. I had an email exchange with Councilmember Skillicom about his practice of blocking constituents like myself on his social media sites. He responded quickly, which I appreciate, and told me he couldn't comment further due to unknown ethics rules. 1 asked him for those rules, but haven't heard back from him. He did say I could follow him on his official town Facebook page. 1 went to that page and quickly found out he blocks anybody, even his supporters, from commenting on his posts. This is amusing because from this very dais he gave a full-throated endorsement of Elon Musk's new radical free speech policy on Twitter. I would think somebody who fairly quivered with excitement over radical free speech would want to have more speech, as opposed to the wall of silence he's imposing on those wanting to leave a comment on his official Facebook page. It seems a little like a cancel culture and we all know what a curse cancel culture can be on free and spirited debate. The second point is also Councilmember Skillicom's enthusiastic, even giddy support of proposed state legislation to eliminate rent and grocery taxes, which combined bring in about $3,000,000 a year to Fountain Hills. The problem is that to make up for the $3,000,000 lost from these taxes, Fountain Hills will have to bring in an additional $100,000,000 in revenue from new or existing businesses. How long do you think this would take? Even the folks who wrote the rental bill realized what a catastrophe it will be. So they are phasing it in over a five-year period, starting in January of 2024. To further Page 25 of 84 TOWN OF FOUNTAIN HILLS Page 16 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES soften the first -year shock of this drive -by legislation, an amendment was added for towns to receive $270,000,000 in $15,000,000 installments starting in January of 2024. So this is not only costing towns across Arizona money, it's costing the state $270,000,000 so that towns don't immediately have to cut essential services. 1 just wish somebody at the capital had listened to public comments from our sage from the Land of Lincoln, comments that he made recently. After all, he boldly asserted that towns across Arizona will, quote, figure out a way to pay for things without the tax. And breathlessly added, most communities have more than enough money, so that's not too big a problem. I didn't know Arizona towns were swimming in money. Maybe there's still time to rip that $270,000,000 relief provision from the bill. After all -- sorry — after all, it's such wasteful spending to give more money to the wealthy. The phone lines are open, folks. I can take your calls from the dais. MAYOR DICKEY: Thank you. Your timc's up. Thank you so much. GAY: Okay, thank you. MAYOR DICKEY: Next, please. MENDENHALL: Jim Concannon. CONCANNON: Hi. Thanks for listening to me. Jim Concannon. I live in the town. I'm very proud of my town and 1 thank you all for all you do. This is a traffic safety issue. I live on the corner of East Lost Hills Drive and Mountainside. Mountainside terminates at Palisades, so it's a T intersection. I use this a lot. In fact, Mountainside is heavily travelled. Now, I know that you have or will be considering a multilevel apartment or condo place on Palisades and Mountainside. I don't care about that. But I do care about the traffic that's involved because at any time of day for me to go on Mountainside and attempt to take a right, I have to peer up a hill. 1 cannot see over the hill. I can't see around the comer. There's a large -- I don't know -- wall that says Lost Hills on it. It's very dangerous and frequently, if I'm very patient and very careful, and 1 accelerate my right, there's somebody right on me and oftentimes honking. I think that increased traffic with this new development is going to really compound the problem. It's dangerous. To take a left off of Palisades onto Mountainside is equally treacherous Page 26 of 84 TOWN OF FOUNTAIN HILLS Page 27 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES because of the hill and I believe -- and I never have taken a left off of Mountainside onto Palisades because I just think that should be prohibited. It's just much too dangerous and almost impossible. So I would urge a traffic study for this. I'm not, again, opposed or for this complex that's going up. But I know this will be a dangerous issue and 1 advise you to do something ahead of a potential disaster. Thank you. MAYOR DICKEY: Thank you so much. Some of what your last gentleman said, we do have some answers for. But well get back with you about the study and that road. Thank you. So we don't have a consent agenda. So well move right on to our regular agenda and our first item is about the ordinance for detoxification and drug treatment facilities. So well hear from John and you can ask some questions while he's doing the presentation and then well hear from the public. Thank you. WESLEY: Good evening, Mayor. Let me get the presentation up. Okay. So a little background first. It was approximately two years ago at a council retreat that the topic of drug detoxification facilities first came up and we pointed out to the council that we did not have any specific regulations in our ordinance to address that type of use. Council directed us to work on an ordinance with the Planning & Zoning Commission. As we started that, we first recognized some related issues. At that point, we were trying to address how we classify a hospital and then the sober living homes or community residences. So we took care of those first before we got really going on the detoxification and drug and alcohol treatment centers. So in March of 2022 is when we really began working on that portion of the ordinance. We -- with the input that we received -- able to prepare a draft ordinance in September of last year. With that draft ordinance, we held some additional public input sessions and reviewed it with the P&Z Commission at several meetings, in order to get to the ordinance which has now been recommended to you for consideration. Page 27 of 84 TOWN OF FOUNTAIN HILLS Page 28 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES The ordinance establishes -- the zoning ordinance in general establishes different uses, land uses that are by right in zoning districts and some that require Special Use Permits. Without specific rules for the detoxification centers or the drug and alcohol treatment centers, staff, me specifically, would be left if we had specific applications for those uses to look at the ordinance and see where they could fit in. It was felt it was better to actually come up with roles that the council and community wanted, rather than just leave that to an interpretation. So in moving forward with these, we looked at other communities to see how they regulate these uses and found that generally, they're not regulated separately from other medical uses. One exception that we noted was in Mesa, where detoxification facilities do require a council use permit. So the ordinance that's recommended for you includes a couple different pieces. First of all, it provides for definitions for uses that we then regulate through the ordinance. The ordinance allows for substance abuse and addiction treatment centers in the C-2 and C-3 zoning districts by right with a 2,000-foot separation between uses. Currently, we have one of these types of facilities in town. It operates down here at Saguaro and Avenue of the Fountains there on the corner. With the ordinance as presented, we could have similar type uses in most of our other C-2 and C-3 commercially zoned areas in town, so several places where we could have additional facilities of this type. Going on, the ordinance provides for detoxification centers, outpatient only, in the C-2 and C-3 zoning districts with a Special Use Permit, and then a set of criteria would have to be met along with the Special Use Permit requirements. Detoxification centers, inpatient, and substance abuse and addiction treatment centers with lodging would be allowed only in the C-3 zoning district with SUP and a set of criteria. The criteria for both of these is the same, so I've just included them once. So the criteria that are listed, and this is just a summary of what they are, but require a copy of a state license, provide indoor activity waiting space for the patients or customers, require a contact for any complaints that might come in, insurance that would include town as additional insured with the waiver of subrogation, a designated smoking Page 28 of 84 TOWN OF FOUNTAIN HILLS Page 29 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES area including for vaping as far away from adjacent residential uses as possible. It would include a marketing analysis showing an ongoing need for the uses from Fountain Hills residents, a discharge policy, and separation distances of 2,000 feet from similar uses, a 1,000 feet from churches, libraries, parks and so forth, and 500 feet from any residential use or zone. When we apply those separation criteria, there's a small area on Colony east of Enterprise where one of these could go. So the ordinance as presented to you also includes a related item. When we did our ordinance change to go from the group homes to community residences, we failed to include in the notice for those and in that ordinance the two places in Chapters 12 and 18 where the use is listed. So we're also taking this opportunity to just make those change in wording from again group home to community residence in those two chapters. So that's my quick overview of the ordinance. I'd be glad to take any questions you have at this time, or later after you hear from the public. MAYOR DICKEY: Thank you. 1 think if anybody has a question right now, and then we'll hear from the public, or we can go right to that. Okay. We'll start with public comment then. Thank you. Oh -- oh, wait. Hold on one second. KALIVIANAKIS: I can wait, though. I can wait. MAYOR DICKEY: Are you sure? KALIVIANAKIS: Sure. MAYOR DICKEY: Okay. MENDENHALL: Okay. In your packet, you received 16 people who responded, saying they support it as written. And now we do have our public comment. First, you have a packet -- a little presentation and she's here in person. Her name is Heather Dukes. Heather? DUKES: Good evening, Mayor Dickey and members of the Town Council. My name is Heather Dukes and I'm a land use attorney with an address of 5527 North 25th Street in Phoenix. Pm here this evening on behalf of my client, Fountain Hills Recovery, LLC, and I sent a letter to you dated February 20th, which set forth our objections to Ordinance 23- Page 29 of 84 TOWN OF FOUNTAIN HILLS Page 30 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES 01. In that letter we raised three concerns; first, the text amendment is discriminatory on its face under the ADA; second, the text amendment is contrary to the goals and policies of the general plan; and third, certain language in that ordinance is vague. Rather than to repeat the contents of my letter, 1'd like to ask that you follow along with me on the slides that I sent to you today. On slide 2, I'm attempting to demonstrate how this ordinance discriminates against disabled persons. So you have a larger circle, and in that larger circle you have hospitals, treatment centers, and medical services. These uses are accessible to the general public and they are permitted in the C-2 and C-3 zoning district as a matter of right. They have no additional restrictions and they do not require a special permit to operate. Now the new ordinance is depicted with the two smaller circles that have been extracted from the larger one, and the ordinance is attempting to separate detoxification facilities and substance abuse treatment centers from those general uses so that they can impose additional restrictions. But there is a major concern with this approach. These uses provide services to disabled persons. So in the simplest of terms, this ordinance is imposing additional restrictions on a class of individuals that are disabled. And they're not minor restrictions or requirements. No other use in this town requires them to submit an insurance document, a market analysis, or a policy to make sure clients leave Fountain Hills and return to their place of origin. That is the definition of discrimination. Now on slide 3, I have listed the three cases that 1 put in my letter. They're from the Third, Sixth, and Ninth Circuit Court of Appeals, where they have struck down similar separation standards for being facially discriminatory under the ADA. On slide 4, 1 want to call to your attention a statement in the staff report which demonstrates just how discriminatory these separation standards are. The three uses that have a housing element to them, and so the three that are limited with a special permit, those uses can only locate on five lots in the entire town and they're all clustered together. And so the staff report admits that given the separation requirements between uses, only one of those lots can be used for one of these uses. And so what that means is that, let's say a treatment center with lodging locates on one of those lots. You can't have a detoxification center come to the town, then. And so what the separation standards are Page 30 of 84 TOWN OF FOUNTAIN HILLS Page 31 of 80 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES doing is that they're banning those uses from operating in the town and that's a violation of the ADA. Could I have like two more minutes? Or I'm sorry, not two more minutes. I have two more sentences. Could I have two more sentences? Okay, sorry. On slides 5 and 6, you'll see the police calls for service comparison, where 1 show that detoxification and substance abuse treatments in other parts of the Valley generate less crime and less calls for service than many of the current uscs operating in this town. And I have the backup records, if you guys would like to see that. KALIVIANAKIS: Thank you: DUKES: And finally on slides 7 through I I, you will find quotes from the Planning Commission hearings which prove that this ordinance was created on the basis and furtherance of prejudicial beliefs and fears voiced by a few of your Commission members, but mostly some of the people that attended from the community. So -- MAYOR DICKEY: Thank you. DUKES: -- with that, we wanted to request that you deny the ordinance as drafted, and I'd be happy to answer any questions that you have. MAYOR DICKEY: I do have one question. Did Planning & Zoning see this information? DUKES: No, they did not. I was hired by Fountain Hills at the end of January because we heard that the sober living ordinance was coming back through for discussion. And so when we started to take a look at the detoxification ordinance that was then coming up also, I looked at some of the case taw, informed my client, and that's why we're bringing it to you at this point. MAYOR DICKEY: Okay, thanks. DUKES: You're welcome. FRIEDEL: I have a question. MAYOR DICKEY: Oh, I'm sorry. FRIEDEL: What is your primary practice? DUKES: Land use and also ADA. Page 31 of 84 TOWN OF FOUNTAIN HILLS Page 32 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Thank you. MENDENHALL: Liz Gildersleeve. GILDERSLEEVE: It's nice to get extra time. Liz Gildersleeve, Fountain Hills resident. My message tonight is pretty simple. Please pass the Planning & Zoning ordinance for commercial detox facilities exactly as written. Every sentence in the P&Z ordinance has been researched, discussed, debated ad nauseam. The P&Z ordinance as written will protect the town, residents, homeowners, businesses and one thing that the woman who preceded me didn't say, it would protect the vulnerable Fountain Hills residents who may have a need for a commercial detox facility one day. The ordinance passed by Planning & Zoning does not ban anything. It merely provides guidelines to ensure the activity is appropriate for the area, period. And before anyone on this council or in this room attempts the obligatory shaming of residents and homeowners for having the audacity to request reasonable restrictions, know that just about everyone in this room, including myself, has had an experience with a loved one who has suffered from an addiction. Pass this as written, and let's finally move on to other town matters. Thank you. MENDENHALL- Next is Crystal Cavanaugh. CAVANAUGH: Fountain Hills resident. I've been involved in this discussion pretty much from the beginning. I've attended most of the Planning & Zoning meetings. I'm not quite sure if anybody from your office has attended, but I've also come to many of the Town Council meetings. At this point, it has been discussed and rediscussed and reassessed and every community has the right to set certain guidelines of how their properties and land is used. That's all this does. The distances are reasonable and I say pass this exactly as written by Planning & Zoning. Thank you. MENDENHALL: Jane Bell. BELL: Mayor and councilmembers, you've seen us up here so much in the last two years, I'm sure you probably all know us. Page 32 of 84 TOWN OF FOUNTAIN HILLS Page 33 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES But 1 wanted to give you some background information on detox. This is a very important subject. It has been dealt with in this town. Here are some numbers. Within 25 miles of Phoenix, there's 14 official hospital inpatient detox services. There's 26 provided outpatient detox services. There's 53 that offer (indiscernible), 100 outpatient treatment centers, 23 inpatient residence, 37 partial hospitalization programs. Fountain Hills has always had a detox program. They do now, they always have. They also have the partial hospitalization program. So I hope that you consider everything because it is important, but we need to take care of our town. Thank you. MENDENHALL: Next is Mathew Corrigan. CORRIGAN: Madam Mayor, councilmembers. Let me keep this short. I would like to encourage the Mayor and councilmembers to pass this ordinance as proposed. We've heard from the attorney for Fountain Hills Recovery make her points. But again, just to reiterate what's already been said, this has been discussed. It's gone through the appropriate action. You have the ability to pass it. 1 would encourage you to pass it tonight. And I don't think I can say any more than that that's not already been said. This is needed. We need to have a specific category for this type of activity. Otherwise, as previously mentioned, our safety as residents and homeowners in Fountain Hills could be compromised, not to mention property values. By localizing and categorizing the requirements for these detox communities, you will do a lot to help our residents, our homeowners, and even our guests and visitors. I would encourage you to pass it as proposed. Thank you. MENDENHALL: Larry Meyers. MEYERS: Mayor, council. I'm going to be as brief as I can. As I've said on numerous occasions, this subject has been discussed, researched, added to, subtracted from, for two solid years. It was the inquiry by Fountain Hills Recovery of November 2020, which led to the discussion of the February 2021 Council Retreat which began this exercise. Untold hours of research on Page 33 of 84 TOWN OF FOUNTAIN HILLS Page 34 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES both the residential and commercial ordinances have been tallied by residents, legislators, legislative attorneys, town staff, staff at the state regulatory level, Fountain Hills Planning & Zoning Commission, as well as multiple councils. And now the synthesized language of the commercial and final portion of the ordinance on this land use are before you. For the past six months, this language has been hashed out and debated in public meetings with nary a word from any of the people or organizations showing up to gain input or have their opinions heard now. I ask, where were they? Planning & Zoning was looking for their input. Well, now they're here at the midnight hour and they come here wishing to deny or delay on scant information, inadequate research, requesting more discussion and citing facts and inaccuracies not pertinent to local land use governance, making false claims of discrimination, citing court cases conflating different aspects of the entire subject matter. This has been from the outset a land use ordinance that outlines the parameters of which a commercial service business providing zero revenue to the town may operate and where the town chooses to allow the operation within its current zoning ordinances. That's it. Period. That's all the ordinance is. Planning & Zoning considered every aspect of this for far more than six months when voting unanimously to recommend approval of 23-01 in its current form, and as one who has spent much time on the research of this in this area, I think it's fair, well - crafted, land use ordinance that should be passed as written tonight without delay, no deposit, no return. Thank you for your time. MAYOR DICKEY: Please, no applause. Do we have another speaker? MENDENHALL• That's it, Mayor, for this item. MAYOR DICKEY: Thank you very much. Would council like to begin discussing or have any questions? Councilwoman? KALIVIANAKIS: Yeah, just to address what I was going to address before. This is for you, Mr. Wesley. You mentioned in your report a market analysis, in your presentation. Were you referring to a certificate -of -need? Page 34 of 84 TOWN OF FOUNTAIN HILLS Page 35 or 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES WESLEY: No, councilmember, Mayor. In the ordinance, item 6 on the list of requirements, they would submit -- it states, document through market analysis by a credentialed professional using the most recent applicable Fountain Hills census data on substance abuse and mental health services administration data, the need for -- anyway, it goes on. But that's what I'm talking about, is that market analysis. KALIVIANAKIS: Well, I mean, was the market analysis whether we need to have a facility like this in this town? WESLEY: Yes. KALIVIANAKIS: Okay. So basically, it's a certificate -of -need, whether this is needed to be brought to town or not. WESLEY: Okay. KALIVIANAKIS: Roughly. WESLEY: Could be. KALIVIANAKIS: Okay. Thank you. MCMAHON: Good evening, everybody. I read through the ordinance and I agree with Heather Dukes. I don't think that it is fully adequate in order to represent and fairly represent the community and the people who require these services. I don't think that there's -- well, the -- some of verbiage is well-defined. I think key definitions are missing, like providing services, et cetera. 1 think it's overly restrictive as to placement of the facilities and also requiring them to be singled out to be required to file an SUP. 1 think that -- I get the impression that the intent is to treat these people, these people who need services, like they are different and lesser than us. Also, I don't understand at Section 06, where it says an ongoing basis for residents of Fountain Hills basically to have these services. Is it constitutional to restrict these types of services to just our residents? We're close to Verde. We're close to the Nation, et cetera. I don't think that it is appropriate to just restrict these facilities to residents of Fountain Hills. Now, this matter was set to be discussed next week in more detail at the Council Retreat and I really think it needs to be put back there, so that we can discuss it more so that all of us can understand it better, no insult to the councilmembers. 1 feel like this is Page 35 of 84 TOWN OF FOUNTAIN HILLS Page 36 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES rushed. In talking to John Wesley today, 1 feel like he felt as though he was really rushed to put something together for tonight. So I respectfully request that we move this back to talk about it more at the Council Retreat. Thank you. MAYOR DICKEY: Thank you. Councilwoman? KALIVIANAKIS: I would like to request that this go to executive session, so we can discuss this with our Town Attorney and just dismiss. UNIDENTIFIED SPEAKER: (Indiscernible) Town Attorney -- the retreat? MAYOR DICKEY: At this point right now? KALIVIANAKIS: Yeah. MAYOR DICKEY: Okay. Should we do that? ARNSON: Mayor, the council's welcome -- the Mayor is welcome to entertain a motion and a second to go into Executive Session, if the council so chooses. MAYOR DICKEY: Okay. Is that a motion? KALIVIANAKIS: That is a motion to go into Executive Session tonight, right now, so we can discuss with Aaron. And then we can proceed with the meeting. MAYOR DICKEY: Okay. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. All in favor, please say aye -- or -- GRZYBOWSKI: Aye. MAYOR DICKEY: -- should we do a roll call because we're doing that now for the minutes? So roll call, please. MENDENHALL: Councilmember Toth? TOTH: Aye. Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Ayes. MENDENHALL: Councilmember Friedel? FRIEDEL: No. Page 36 of 84 TOWN OF FOUNTAIN HILLS Page 37 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmcmber Skillicom? SKILLICORN: Yes, for a brief. MENDENHALL: Vice Mayor McMahon? MCMAHON: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Aye. It passes. MAYOR DICKEY: Thank you. So we'll adjoum to Executive Session, so we can talk about this new information that we just got. **CLERKS NOTE — Council adjourned to E-Session at 6:57 p.m. and Reconvened the Regular Meeting at 7:22 p.m. MAYOR DICKEY: Thank you very much for your patience. Further discussion on the item at all? Yes, sir? SKILLICORN: Madam Mayor, may 1 ask Mr. Wesley a question? MAYOR DICKEY: Of course. SKILLICORN: Mayor. John, good to see you again. Just out of curiosity, Planning & Zoning approved this; did they approve it unanimously? WESLEY: Mayor and councilmember, yes, they did. SKILLICORN: Okay. And how many people are on Planning & Zoning? WESLEY: Seven. SKILLICORN: And it was still unanimous. Okay, thank you very much. FRIEDEL: Pd like to make a motion to adopt Ordinance 23-01 as written. TOTH: Second. GRZYBOWSKI: I actually had my light on first. MAYOR DICKEY: You can (indiscernible). GRZYBOWSKI: Okay. MAYOR DICKEY: I have to -- I looked stuff up. We can talk after motions. So go Page 37 or 84 TOWN OF FOUNTAIN HILLS Page 38 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES ahead. GRZYBOWSKI: Okay. I wanted to address three different things. One, I think we need to remove the insurance requirement. We do not require that of any other business in our town. Two, I would like to discuss removing from 8C, in looking at the staff report, the section of -- oh my God, I can't read my writing. Or included planned area developments, but leave the 500 feet from any residential zoning district. Also, I wanted to mention that I watched all of the P&Z meetings as they happened, and I rewatched the January meeting again yesterday. And kudos to the P&Z because they did a whole lot of homework. One of the things that Chair Gray pointed out was according to the website, samhsa.gov, which is the Substance Abuse and Mental Health Service Administration, which is a part of the U.S. Department of Health and Human Services -- that's a mouthful; I can remind you guys the name of that later, if you like -- in here it mentions we need to prove that there's a need in Fountain Hills, and that website in and of itself has the data to support it. Using the Fountain Hills census and the SAMHSA data, at any given time we have about 200 Fountain Hills residents in some sort of alcohol or drug treatment program, and about 1800 or so that may be experiencing some level of substance abuse in town that would qualify if they could go. And this is just people the age of 18 and over. MAYOR DICKEY: Can 1 ask you, would you -- are you thinking of amending the motion to remove the insurance and then the repatriating items? Would you -- are you looking to make an amendment to the motion? GRZYBOWSKI: I didn't mention the repatriation. MAYOR DICKEY: Oh. GRZYBOWSKI: I mentioned the -- MAYOR DICKEY: Oh. GRZYBOWSKI: -- or use including planned area developments in -- which is a part of item 8C on that staff report. MAYOR DICKEY: Okay. I guess -- FRIEDEL Mayor, I would be okay with removing the insurance only. The rest of it, Page 38 of 84 TOWN OF FOUNTAIN HILLS Page 39 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES though, as written. MAYOR DICKEY: Okay. Before we start amending or anything, on the motion itself, the part about the repatriating, I don't understand how we can do that. I don't understand how you can have a zoning land use and then tell somebody where they need to go when they're done using that facility. So I'm asking -- GRZYBOWSKI: I feel like that-- I'm sorry. But I feel like that conversation was coming up when they were talking about making sure that the people had a way home and not just like kicked out to the curb. That they had transportation home. I feel like that's when that part of that conversation came up. So I think that was the intent, if I remember correctly. MAYOR DICKEY: Could somebody clarify that, please? John? WESLEY: Mayor, councilmember. Yes, I believe that was really the intent. The language that was suggested is the language that's in here. But I agree with the councilmember that really was the intent. That they're not just kicked out the door. That somebody's there taking them where it is they need to go, so they're not just left on the street. So there might be some different wording that would work better than the way it's worded. MAYOR DICKEY: Yeah. Repatriating the client back to their place of origin, that's kind of a mouthful there. So is there another way to say that? And then make an amendment about the insurance? And I had mentioned earlier about an appeal process, but since there's a Special Use Permit in here, that serves as an appeal process. So it can because they're making their case, right? WESLEY: Yes, Mayor. I've been thinking about that option just a little bit, and as one of these would come through that Special Use Permit process -- maybe ask Aaron this question -- but it may be helpful if there was some language in here someplace that says the council could consider modification to items 2 through 7 of the list of requirements as they are now -- if you start taking them out that number may change -- as part of that Special Use Permit consideration. MAYOR DICKEY: Aaron -- ARNSON: Yeah. Mayor and council, I would agree with that. It's presumably implied Page 39 of 84 TOWN OF FOUNTAIN HILLS Page 40 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES with the Special Use Permit process that the council can add or remove regulations, but that might alleviate some concems if we made that explicit in this ordinance, that we can withdraw or modify requirements 2 through 7. Or remove or modify. Right. MAYOR DICKEY: Okay. So do you think -- Sharron, do you think you can make amendments with those words? Or some of those things might be okay just by speaking, but I think the insurance one would probably be well to be an amendment, and that's just number I there, right? GRZYBOWSKI: No, it's -- number 4 is the certificate of commercial liability insurance. Number I is the copy -- MAYOR DICKEY: Okay. GRZYBOWSKI: -- of the license issued by the state, so -- MAYOR DICKEY: Oh -- GRZYBOWSKI: -- yes, I think number 4 -- MAYOR DICKEY: Okay. GRZYBOWSKI: -- should -- MAYOR DICKEY: Okay. GRZYBOWSKI: -- whatever it is you want me to say, that would be my amendment is to remove that. MAYOR DICKEY: Just amend the motion (indiscernible) to pass as written. This will be an amendment to take that part out. And then I'll ask even further, Aaron, if you're okay with it, the discussion about the land of origin -- the place of origin. And then what John was talking about, is that something you feel has to be an amendment or can you do that? ARNSON: Yeah. It might help keep things straight for the record if we could do these one at a time. Would that be okay? Okay. MAYOR DICKEY: Yes. ARNSON: So if the motion, Councilmember Grzybowski, is in fact to amend the main motion to eliminate requirements number 4 -- is that your motion? GRZYBOWSKI: Yes, thank you. ARNSON: Okay. And is there a second? MAYOR DICKEY: Is there a second to remove the insurance requirement? Page 40 of 84 TOWN OF FOUNTAIN HILLS Page 41 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MCMAHON: Second. MAYOR DICKEY: Thank you. So we have a motion and a second to remove the certificate of insurance upon advice. So -- ARNSON: And Mayor, I want to make sure that were clear, too. We will still vote on the main motion and any subsequent amendments. MAYOR DICKEY: Oh, right, right. This is -- ARNSON: Right. We're just voting on whether to amend the main motion to reflect -- MAYOR DICKEY: Okay. ARNSON: -- Councilwoman Grrybowski s motion. MAYOR DICKEY: All right. So can we have a roll call vote on the amendment? ARNSON: Yes. MAYOR DICKEY: Okay. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Yes. MENDENHALL: Councilmember Friedel? FRIEDEL: And this is just to remove the insurance? ARNSON: That's all we're at -- that's where were at right now, ycs. FRIEDEL: Yes. MENDENHALL' Councilmember Kalivianakis? KALIVIANAKIS: Yes. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Vice Mayor McMahon? MCMAHON: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Yes. MENDENHALL: Councilmember Toth? TOTH: No. MAYOR DICKEY: Thank you. Okay. Would anybody like to make a motion to include the -- now I'm forgetting the two other things. The place of origin, as long as you know the intent on that, do we Page 41 of 84 TOWN OF FOUNTAIN HILLS Page 42 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES have to literally change that or can John just do that? ARNSON: 1 mean, I assume that in enforcement we would understand how it is or isn't to be enforced. If the council wanted to makc that change to make it clear, we could simply say something to the effect of the facility shall ensure that adequate transportation is provided upon discharge. Something to that effect. UNIDENTIFIED SPEAKER: I like that. MAYOR DICKEY: I like that. UNIDENTIFIED SPEAKER: No. UNIDENTIFIED SPEAKER: That's very good. ARNSON: Thank you. MAYOR DICKEY: Okay. GRZYBOWSKI: That makes it perfectly clear. 1 like that. Very good. MAYOR DICKEY: Okay. So is that an amendment then? Or if we can just do that? ARNSON: Yeah. If somebody wants to make that amendment, the council's welcome to do so. But ultimately this is the council's decision as to what they want, to move to amend or not. MAYOR DICKEY: Okay. KALIVIANAKIS: Can that just be done administratively and not to be codified? Just to give town staff direction or whatever? ARNSON: Well, yeah. Mayor and Councilmember Kalivianakis, I do think that the enforcement, for the understanding, is that yes, this is -- it's not intended to be enforced the way that it's written. Things get lost over time with what enforcement directives are. The preference as a legal matter would be to change the language of the ordinance. If that's not within the council's -- what they're willing to do tonight, that's up to the council. MAYOR DICKEY: Again, I'll read it. A discharge policy that is geared toward repatriating the client back to their place of origin. Is that the language you want in there? GRZYBOWSKI: No. FRIEDEL: Yes. GRZYBOWSKI: Oh, sorry. MAYOR DICKEY: Yes? Page 42 of 84 TOWN OF FOUNTAIN HILLS Page 43 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES GRZYBOWSKI: No, because what happens if the place of origin is what contributes to them needing to go back to this kind of facility? So transportation, whatever it was that our attorney said, back to whether it be family or whatever, but I don't think place of origin is the right thing. Because a lot of times -- and that's kind of what Fountain Hills Recovery does, is it gives them an opportunity to get back out in society as opposed to going back to their place of origin. So I do feel like there is a better way to say that. MAYOR DICKEY: Will you make that amendment? GRZYBOWSKI: 1 would like to amend it to whatever it was that Aaron said that really sounded good at the time. Sorry, Aaron. What was it you said? ARNSON: Luckily, we have verbatim transcripts. So whatever it was that I said. MAYOR DICKEY: Okay. Do we have a second for councilwoman's amendment? MCMAHON: Second. MAYOR DICKEY: Thank you. Lees do a roll call, please, on the amendment. MENDENHALL- Councilmember Friedel? FRIEDEL: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: No. MENDENHALL: Councilmember Skillicom? SKILLICORN: The motion wasn't even clear. No. MENDENHALL: Councilmember Toth? TOTH: No. MENDENHALL- Vice Mayor McMahon? MCMAHON: Yes. MENDENHALL: Yes. Mayor Dickey? MAYOR DICKEY: Aye. MENDENHALL: Four noes to three yesses. MAYOR DICKEY: Okay. Thank you. So the insurance, and then we talked about the market analysis and the idea that a Page 43 or 84 TOWN OF FOUNTAIN HILLS Page 44 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES business doesn't have to show that it's going to bring revenue into a town in order for it to be a business that we would want. Otherwise, any accountant or doctors and such that they don't -- that's never been a thing. 1'd also like to point out that while I know that it seems like it's been going on a long time, this is the first time this council or any council has seen this item. We had -- again, we started in a retreat, trying to be proactive and at the time, there was a lot of people that really didn't want to talk about it and then it did get diverted to a couple other items. And so Planning & Zoning took it back up in March of 2022, and they've had six meetings about it, but we haven't had any. So this is our first meeting about it and we have a motion to pass this as is with the removal of the insurance and none of the other changes as discussed. So that's what we're voting on now, right? Okay. ARNSON: Yes, Mayor. That would be correct. MAYOR DICKEY: Okay. So we'll take a roll call vote. All in -- we'll take a roll call vote. Thank you. MCMAHON: Was there a motion (indiscernible)? MAYOR DICKEY: Um -hum. The motion is for the as is, except for the number 4. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Just to be clear, I am voting to adopt the Planning & Ordinance with the amendment. MENDENHALL: Councilmember Skillicom? SKILLICORN: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Vicc Mayor McMahon? MCMAHON: Nay. MENDENHALL: Mayor Dickey? Page 44 of 84 TOWN OF FOUNTAIN HILLS Page 45 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: No. MENDENHALL: It passes, five to two. MAYOR DICKEY: Thank you. Thanks very much. The next item on our agenda is the termination of the roundabout and Fountain Park Plaza projects on Avenue of the Fountains and Saguaro. MILLER: Yes, Mayor. At the request of Councilmember Toth and two other councilmembers, this item was added to the agenda. The item before you is actually in the Capital Improvement Program budget and Councilmember Toth has requested that the council consider terminating the roundabout and also the plaza which would be at the very end of the Avenue of the Fountains, which would provide the access point to Fountain Park. And with that, I think that Councilwoman Toth has probably some comments to make since it was her initiative. MAYOR DICKEY: Thank you. TOTH: Yes, I requested this item, due to the fact that as we heard in the last council meeting from -- I think it was only one -- but we've also had emails about the extreme amount of backlog for our road maintenance, and my promises in my campaign to ensure I was looking through our budget and finding areas that money could be diverted to roads. This is part of that campaign promise of ensuring that a project that frankly -- we could afford to do the study or the design, but we could not afford to do the project. t feel it is fiscally irresponsible. It could be beautiful, but 1 do know that business owners in that area would prefer different ways of supporting them in the downtown district as well. MAYOR DICKEY: Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. MAYOR DICKEY: Thank you. MENDENHALL: First, in your packet you have written comments. Three are in favor of the termination of the projects, and three are opposed to termination of the projects. And now we do have several speakers on the topic. First is Liz Gildersleeve. GILDERSLEEVE: I promise this is the last time I'm going to speak tonight. Given the many other need -to -haves in town, as Hannah pointed out -- Councilwoman Toth pointed out, I agree that formally terminating the roundabout and Page 45 of 84 TOWN OF FOUNTAIN HILLS Page 46 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES stairway to heaven plaza project at Avenue and Saguaro is fiscally prudent at this time. For starters, I have a hard time imagining an 18-wheeler taking the curve of a roundabout. As someone who walks a lot throughout our beautiful town, crossing at this roundabout would feel a lot like being in a Tetris video game, as that is how it feels when it's busy at the other roundabout by the post office, although admittedly that roundabout would not be nearly as busy as the one proposed for Saguaro. Traffic does not yield for pedestrians in roundabouts. Pedestrians yield for traffic in roundabouts, or risk becoming a pancake. Imagine crossing with a stroller, or in a wheelchair, or with a walker. That said, I was surprised to read a Facebook social media post on one of our local community pages Sunday night from several Democratic Club members that proclaimed that one of the reasons for keeping this project was to provide an ADA accommodation and avoid lawsuits. Interestingly, nowhere is an ADA accommodation mentioned in the agenda or its attachment for this agenda item, nor do I recall this being a main reason for the project during the perhaps one or two times it was discussed by the previous council. Where is this new talking point coming from and from whom? Of course, the social media poster concluded on his clearly orchestrated and timely post that anyone who opposed this roundabout hated people with disabilities -- literally said that. It's the same manufactured shaming we faced from our sober home industry opponents during the sober home and detox facilities debate, that if you had the audacity to advocate for a reasonable ordinance, you hated people with addictions. Same pathetic playbook and just stop. Have serious discussions and make decisions based on facts, not manufactured emotions. Thank you. MENDENHALL: Next is Crystal Cavanaugh. CAVANAUGH: Like I've said previously, I'm not against roundabouts across the board, especially in areas of high vehicle traffic but low pedestrian traffic. But I am against a costly and dangerous roundabout at Saguaro and Avenue of the Fountains. First off, roundabouts are meant to improve the flow of traffic and I'm sure some will show you studies where it may seem to be safer, but that's for motor vehicles. Page 46 of 64 TOWN OF FOUNTAIN HILLS Page 47 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES However, when you add pedestrians into the mix, dogs, bikes, wheelchairs, walkers, canes, children, the disabled, the elderly, slow -moving people, the fountain, the tourists, the festivals, and the fairs into an overall comprehensive safety assessment, most likely you'll get a much more dangerous situation and it would be a known liability. And then there is the unaffordable cost for the finished roundabout project and the park revision. In its entirety, that's estimated by some to reach the multimillions. A pipe dream for some on this council for how it would look to visitors, but not a necessity, not a good idea, and mostly likely risky to anyone trying to cross. Remember, roundabouts are intended to keep the traffic flowing, not stopping at various points while in the circle, exiting the circle, or entering the circle. This should never be implemented at this location, not to mention it is a truck route. MENDENHALL: Next, we have Jerry Butler. BUTLER: Mayor, council. My name is Jerry Butler. I'm a fulltime resident in Fountain Hills. I've been here for 24 years. I'm a retired civil engineer. 1 have designed many highways, many streets, many roads, you name it. And I'm not here to talk about designing the roundabout, but I am here as a member of the Streets Committee, not representing the Streets Committee but as a single member, saying that when we first took on this assignment, it was six months of work. We're all volunteers. There's 12 of us. We have now been at it 18 months. If that doesn't tell you the complexities in what we are talking about at the committee -- We have been here before this council -- not this council, but council last year. We've been twice. It's my understanding were scheduled to make a presentation at your retreat. I request, please give us the courtesy of finishing our assignment as a committee, then later make a decision based on facts about the roundabout or anything else associated with it. The streets in Fountain Hills arc a complex issue. You've seen people here tonight talk to you about their cracks. We arc addressing those things. Please give us the courtesy of finishing the work that we started out to do. Thank you. Page 47 of 84 TOWN OF FOUNTAIN HILLS Page 48 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: Next, he docsn't want to speak, but his name is Fred James and he wants to keep the proposal and study going. Unless you've changed your mind, Fred? Okay. Next is Mathew Corrigan. CORRIGAN: Madam Mayor, councilmembers again. I would like to say that, to keep it short again, I would encourage the council to proceed with the ordinance as stated. There's one basic reason for this. We heard from several people talk about vehicles versus pedestrians. That's absolutely true. Roundabouts are designed for traffic flow, but not pedestrian traffic. If you want a good example of roundabouts run amuck, simply take the 17 freeway, 1-17, and turn off at Cottonwood. There are five, maybe six roundabouts which go nowhere. It might have been a great idea. It cost a tremendous amount of money. Getting back to Fountain Hills, I commend Councilwoman Toth and the other two councilmembers who, rather than looking at a project and a concept and development, looked at prioritizing the cost and using fiscal responsibility to repair long -neglected roads. And I'm not the first one to say long -neglected roads. You've heard a litany over the last month or so, two months, and back before that, much longer than I've been here, about the condition of the roads. I commend all of you for prioritizing that for the fiscal responsibility and not for the emotion and not for the appeal to stick with engineering and what we've done, what we've accomplished. We need to prioritize infrastructure, fixing the roads. Thank you. MENDENHALL: And our last comment card is Richard Gohl. And feel free to correct me, if I said your last name incorrectly. GOHL: Good evening, Mayor and councilmembers. My name is Richard Gohl. I'm a Fountain Hills resident and I'm here to encourage the council to not cancel the project, but consider going forward just with the design and engineering and not necessarily construction. 1 will admit to not knowing what's actually budgeted right now, whether it's the whole project or just the design, but my understanding is that going forward with the design, having a completed design, would allow for the application of federal grants to Page 48 of 84 TOWN OF FOUNTAIN HILLS Page 09 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES help fund this project. It is more than just a roundabout and it's not a grand stair. It connects two very important economic engines in the downtown area, the Avenue of the Fountains district or Avenue district, and the Fountain Park district. It also kind of completes the design. We've got a beautiful Avenue of the Fountains that just dead ends at a cliff into a retention base and that's supposed to be the -- it's the hallmark of our town. You know, there should be a grand entrance, 1 think, when you come off Avenue of the Fountains into that park. The current state is just kind of awkward. You cross a crosswalk. There was a lot said, and I know there's a lot of emotions around roundabouts. It's like a bad word. But two speakers talked about the hazards of pedestrians and that roundabouts are designed to separate or not -- they shouldn't mix. You shouldn't have pedestrians. My understanding and what I've seen from the plan that this whole thing is part of, and there is a plan, the pedestrian crossings are not at the roundabout. They're separated intentionally from the roundabout for the very reason that the two previous speakers spoke about. Like I said, ifs part of an area -specific plan that many hours have gone into. Many people for many years have studied it. Professional design firms have contributed to it. Many residents and businesses have contributed to approving this area plan that's been around for decades. So I think it would be an economic aesthetic benefit to the town. I think just at least going forward with the design would be a great investment to allow the staff to apply for those benefits. So again, I encourage the council to -- whether it requires an amendment or whatever has to be discussed -- to go forward with the engineering design and defer the construction to some point in the future. And I do agree with making money available to maintain our roads. Thank you for your time. I appreciate it. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: I've driven to Vegas a number of times and there's a number of roundabouts that 18-wheelers barrel through without a problem, so I just wanted to make sure and say that. Page 49 of 84 TOWN OF FOUNTAIN HILLS Page 50 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES I'm not sure why this is on the agenda. We actually talked about it in September and agreed as a council to postpone the conversation and it never actually came back. I assume it's because of the Streets Department and we -- or Streets Department, Streets Commission -- sorry, Jerry, wherever you are. I assume it's because of the Streets Commission [sic] and we wanted to hear their final report before we brought it back to us. That being said, 1 do truly feel like we need the accessibility access from the point of Saguaro across the drainage ditch, because I know I see people, myself included, that walk through the drainage ditch instead of walking the half a mile around to get to where you want to go in the center. So 1 do feel like that's very important. One thing I would like to correct is people keep calling it a grand staircase. It is not. It is an amphitheater/overlook, so that people can watch the Fountain Hills cross- country that happens once a year. They can watch whatever it be, whether it be the fountain go up green or the Irish Festival. So 1 just wanted to make it clear that the intent is not steps. It is actually a seated amphitheater for people to look out at . One of the things about the roundabout that I do have a problem with is it -- if I remember correctly, it was recorded as one lane that we had approved for the design for. And according to my conversation with Director Weldy last week, we're really going to need something bigger than one lane. That being said, I do support Commissioner Butler and I would love to hear from the Streets Commission before we actually make the decision to completely pull this, or maybe pull parts of it, or at least hear from the people that've been working on this for the past year and a half. MAYOR DICKEY: Any -- yes, Vice Mayor? MCMAHON: I agree. I don't think that this should be disallowed. 1 think if you look at this as safety first, it's a measure to mitigate traffic and safer pedestrian access to the park from Avenue of the Fountains. That's a dangerous crosswalk. It is in the CIP budget for the design and planning. It's also in the 2009 Capital Improvement Plan that specifically provides for a roundabout at that intersection. There's professional drawings of it at pages 31 and 33 at the 2009 Improvement Plan, and it is meant to connect the downtown area with the lake district area as a connectivity and I think that the roundabout in our Page 50 of 84 TOWN OF FOUNTAIN HILLS Page 51 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES town that has been put in has been safe. It is well -used, and I think it complements Avenue of the Fountains. I also think that the plaza project is an excellent idea. It complements the 2009 plan, which also provides for accent seating and viewing that enhances the lake, which the plaza project will do. And again, it's safety first. It would provide safer access for people of all abilities to access the park. I'm sure we have all tried to go down the hill to access the events that we have there and tried to crawl back up the hill. I mean, it is a ridiculous way to access the park for hundreds of people, not just our residents. And I think that it would be a lot safer and this is a need. It's not a want. It's going to enhance our famous iconic fountain and park, and it will turn it into a better destination park. And in addition, in order to get grant money to fund this project, we have to have a design and a design concept. And these designs will allow us to apply for grant money that can pay anywhere from 70 to 90 percent of the construction project. This is not an irresponsible or frivolous request. These projects are well -thought- out. We've been talking about it for a while and I think it would be a disservice to not listen to Jerry Butler's Commission and to not have this available for our town and our community. It really would help attract visitors and be a destination venue. I would also like Justin Weldy, if you don't mind, to please come up and talk about the costs. I think that it's in the budget in the Capital Improvements Project. I think that it's going to be a couple hundred thousand dollars to do the dcsign project and then it's going to be lower than what you thought, I think, to do both of the projects. Please correct me if I'm wrong. WELDY: Madam Mayor, Vice Mayor. In regards to the cost for design for the roundabout, and this is -- we got this some time back and we haven't received any indication that the cost would be increased from the engineering firm. The cost for the design for the roundabout was $260,601. That's slightly over what we had anticipated when we were looking at our crystal ball on the two-year horizon when we put it into the capital projects. MCMAHON: Okay. And that's just for the roundabout. What -- for the design for the roundabout? Page 51 of 84 TOWN OF FOUNTAIN HILLS Page 52 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES WELDY: The cost for the Fountain Park access was S 131,000 for the design. MCMAHON: Okay. Thank you. Also, 1 wanted to mention that we received a letter today from the Fountain Hills Chamber of Commerce in support of both of these projects. They think that it would enhance business and attract visitors as well. Thank you. KALIVIANAKIS: I've got the letter right here. TOTH: That's not correct. UNIDENTIFIED SPEAKER: That's not how we read that. MCMAHON: I read it that way. MAYOR DICKEY: Okay, hold on. Hold on. So Brenda? KALIVIANAKIS: Yeah. MAYOR DICKEY: You had your light on. KALIVIANAKIS: Thank you, Ms. Mayor. I know there's been a lot of energy on this and with due respect with Mr. Butler, I know there's a lot of people that are for this project, but I do believe there's a lot more people against this project, and that's why I'm going to vote against this project. But 1 want to explain why I'm going to vote against this project. The town did a presentation to the Chamber and to other various entities regarding this specific roundabout. And the rendering that they had, they had a four -lane roundabout with paver stones and the beautiful lake and the downtown and families crossing back and forth, holding hands. And the only thing that was missing was the trucks and the cars that are going to be using this at the same time, okay? That's what was missing from the rendering. So as good as it looked, if we close down the road and if we want to do pavers, that's all right. My first concern is safety. Do you know that there are law firms out there that specialize in roundabout litigation, okay? If you build a roundabout, which should be used out in the country where you just want to keep traffic flowing. They're not used where there's a lot of traffic going back and forth, like was mentioned earlier with the carriages and the mothers and the children trying to go past with stop signs, no stoplights, and just this constant flow of traffic. 1 just see that as ludicrous. Page 52 of 84 TOWN OF FOUNTAIN HILLS Page 53 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES My second reason that I'm going to vote against this is the expense, which is going to be great. And all we've heard about since I've started running 16 months ago is they want people to fix the roads. That's the number one priority. If we spend all this money on this project, we're going to be tarred and feathered, okay? To put it simply. We have a commitment to the people that -- like two weeks ago with the tire. He was driving down Palomino and a $500 repair bill. I've heard this from so many people and their streets. And not the mains, okay? But the neighborhoods and the residential streets. They're damaging people's cars. They're unusable, some of these streets. So this has got to be addressed before we do these I would consider want -to -have projects. Now, I have a copy of the Fountain Hills Chamber of Commerce letter that was sent to us today. And with all due respect, 1 will read. The Chamber board is not in favor of the current plan concept. Is that clear enough for everybody? They're not in favor of this. They did say that they would support other improvements that would increase business, okay? Which, you know, maybe the stairs, whatever you want to call them, you know, the Chamber would be for increasing business through this Capital Improvement Project. But they're clearly not in favor of this roundabout. And so for those reasons, I would be a hard no on this. Thank you. MAYOR DICKEY: Councilwoman? TOTH: Actually, Allen, if you would like to go before me? SKILLICORN: Mayor, if you'll allow? Actually, I want to -- if it's all right, Mayor, I'd like to bring up Justin Weldy once more. I'm just trying to make sure you're getting your steps in tonight. Quick question. And were specifically talking about Saguaro and Avenue of the Fountains. Now, how old is that intersection? How old is the pavement there? WELDY: Madam Mayor, councilmember. Saguaro itself was repaved as part of a bond package eight years ago. And Avenue of the Fountains was repaved as part of the downtown project approved by the Page 53 of 84 TOWN OF FOUNTAIN HILLS Page 54 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Mayor and council three years ago. SKILLICORN: Okay. And Mayor [sic], how old arc the stop signs in the new kind of configuration there? WELDY: Madam Mayor, if I may. The three-legged all -way stop is about -- was initially put in about -- less than 20 years ago. Prior to that, it had a flashing light there. But the new LED flashing stop signs are about three years old. SKILLICORN: Three years. And everything there is paid for, right? WELDY. Yes, sir. SKILLICORN: And what is your estimation of a useful life of the pavement at that intersection? WELDY: With -- SKILLICORN: Do you think it'll last another decade or five years, or is it about to go bad? WELDY: With proper funding and the right treatment at the right time, 25-plus years. SKILLICORN: Okay. It's 25-plus years if we take care of it and maybe we get a little lucky. Okay. That's actually very helpful. And just to -- you know, just to -- kind of some comments and I do have a couple questions still to go on. I wouldn't consider myself anti -roundabout. I actually think we should have a solution for this intersection. I don't think it's the best. There's design things that could be changed, but when I hear some of this evidence and I see the condition of the pavement, it's in great condition, I just can't see tearing apart a perfectly good intersection, tearing apart asphalt and, you know, effectively throwing it away and doing something new, especially for an intersection that could last, you know, 25 years. That sounds really far out there. You know, I'm thinking more like ten years with trucks and things like that. But I'm definitely not against a roundabout or some other type of engineering solution here. I just kind of wonder if it's premature to talk about tearing out this intersection. So Mayor, if it's okay, I actually have a question for Councilwoman Toth. MAYOR DICKEY: Sure. SKILLICORN: Mayor, councilwoman. Page 54 of 84 TOWN OF FOUNTAIN HILLS Page 55 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Is the intent to never have a roundabout at this intersection? Or is the intent of what you're doing here, you know, more so -- like let's put it on the backbumer for five or ten years? TOTH: Thank you, Councilman Skillicorn. First of all, I am amazed by the amount 1 have learned about roundabouts in the past couple months. I have all of the fun facts, in case anyone is ever curious. For example, the United States only has 7,000 roundabouts, or just about that. Anyway, no, my intention is not simply to ensure there is never a roundabout in this location, or that there's never any improvement projects. As I mentioned before, and as is stated in that letter by the Chamber, I would agree with the business owners and the Chamber's decision in that area, that possibly we could look at other improvements. But at the moment, my core belief is that it's just fiscally responsible. SKILLICORN: So let the record reflect that the intent of this is not to never have a roundabout, or never have improvements at this intersection. It's that were just holding off for a few years. TOTH: Correct. SKILLICORN: And it kind of leads to my final, you know, idea here. And it's why now? Why do we want to postpone this now? And I think that question is almost answered in this discussion. Another member of council mentioned that this council wanted to postpone the roundabout. That's great. And I do also remember sitting in these seats here last summer when we were discussing the budget and there were some questions. Why is there a quarter million dollars appropriated in this budget to a study for a roundabout? And I still remember the promise from staff and this council that there would be no spending on a roundabout unless it came to council and was voted on. And I distinctly remember that promise. And to my shock, when I walked into the Chamber of Commerce last month and they told me that they were having a meeting with some of our staffs highest paid people on a roundabout for our town. Literally, our town was putting together a presentation to sell a roundabout to the Chamber of Commerce behind council's back. That's why were doing this. And that's why I'm going to vote yes for this, to postpone the roundabout. Page 55 of 84 TOWN OF FOUNTAIN HILLS Page 56 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: I need to address that, please. So first of all, you're kind of making my point about why are we talking about this now when you bring up the fact that there was that assurance. Because the way we do budgets and the way we do capital improvement projects are we talk about them like we're going to start talking about them now at the retreat, and then we'll -- staff brings us what they feel they want to do that year. We kind of look at it preliminarily and decide whether we'll go forward with it or not. But we don't do that right away. We end up -- and Jerry knows this because, you know, he was reticent about this project and -- but when we got to the fact of saying okay, we're going to do the three-point -- or whatever it was -- 300-something-thousand dollars. It's not a study. It's the engineering design of it. It is not a study. But it's the professional engineering to come up with a plan for that intersection. So we all agree that everybody wants something to happen at that intersection. We don't know what that would've been necessarily because we're not going that far with this. But to your point, we don't look through the budget for past proposals and decide, oh, we don't want that, so let's have a meeting and talk about staff time doing this entire meeting for something that was never brought back to move forward with yet. And most of that was because we are waiting to hear from the roads and to figure out what our next step is going to be. So when you go to a retreat and you see all that, you know, three, four, seven, however many projects we have, you have the full picture and we'll know what were going to need to do for the roads and what steps we might take and are we going to, you know, temporarily just stop doing anything extra. But this entire conversation with comments and staff time is a hundred percent unnecessary because it was going to be revisited. It was never brought back to go forward with it. So you know, you talk about wasting time. And talking about that Chamber, well, we have the TAMA, The Avenue Merchants Association, which is fairly new, which is something that we talked about a fcw years ago with some of those businesses and finally getting going. There's strong interest in doing something at that intersection. So in order to gauge the opinion of the Chamber, yeah, I went and went to their Page 56 of 84 TOWN OF FOUNTAIN HILLS Page 57 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES retreat. They were having their retreat and we brought these ideas and we got the feeling that yeah, they would love it to be one lane. They would love to have on street parking. There is a lot of support to do something here. So yeah, if you want to kind of make a statement here and say it publicly, go for it. But you need to know that there's no secret meetings. There's no -- we did not spend the money on the design yet. That was what we were going to decide to do, which is true to our word when we did the budget. These things don't move forward until staff brings them forward and then we can decide whether to do them or not. So I think there's a lot of talking about it being a $4,000,000 project or more, 17 percent or whatever the inflation is. There's so much talk out there that distracts from what this really was -- a 2009 downtown area strategic plan that was done and was voted on and included in our general plan by a bunch of people trying to make this complete the downtown. And that's all it is. It's nothing sinister. There's nothing else going on. And we're happy to not do it now and obviously, we all care about the roads and we've been trying to pass different ways of funding them for many years. And now we're -- hopefully that we have a civilian, or whatever you want to say, a citizen committee to come back to us who have no objective but to make this work. And that's why I wanted this to be on the retreat. I had agreement with several councilmembers for this to be on the retreat, but here it is. So I just wanted to make that point that it's not a grand stairway. It's not a study. It's not $4,000,000-plus. Let's just talk about facts and if, again, you don't want to go ahead with it, we will not go ahead with it, obviously. Any other comments? Is there a motion? GRZYBOWSKI: Wait. Hannah had her light on. MAYOR DICKEY: Yeah. Oh, I was looking at her. That's who I'm asking. TOTH: Thank you. Yeah. I will. I have a little diatribe first. 1 want to, first of all, very much clarify that 1 have great respect and appreciation for the work of our Streets Commission and 1 appreciate what they're doing to identify what we need to do to address the backlog of streets maintenance. In no way is my intention of terminating this project or proposing to terminate this project a way of Page 57 of 84 TOWN OF FOUNTAIN HILLS Page 58 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES overstepping or going over the heads of the Streets Commission. I'm just hoping to free something up for when we do know what you need and that's going to take a lot of work even after the presentation. So I want to thank you for the work you're putting in and also reiterate the fact that I'm happy to look at other project proposals in the future. At the moment, I don't believe the town being fiscally responsible, that being a goal that we have, I don't believe this matches that goal. So with that, I move to terminate the proposed roundabout project and related Fountain Park Plaza project from the Capital Improvement Program and discontinue any current or future expenditures relating to these projects. MAYOR DICKEY: Yeah. FRIEDEL: Hannah, thanks. I agree with what you said. This is no slight to Jerry Butler and the Streets Committee. The roundabout to me is different from the streets in general. That's good pavement there. Plans change and the financial outlook for this town is changing every day. It's not a need -to -have. It's a nice -to -have. We've got a perfectly good intersection there. Can we make some modifications? Perhaps. And that's something we should look at. That $400,000 for the design of this is probably just a drop in the bucket compared to what the actual cost is. I think it's somewhere between five and ten percent of the actual cost of that project. That puts it at probably $4,000,000 or somewhere in that neighborhood and that's given lower inflation figures, I'm guessing, too. And then there was the Bart Shea comment that if there was something really needed there in the way of traffic control, he might be responsible for that. So that's something else I think we need to look at and investigate. When he finishes his project down along the Avenue of the Fountains, there could very well be something that he has to do there to help the traffic flow. So again, 1 think everybody in this room knows that I'm not for this project at this time and so I would be on the side to terminate this as well. MAYOR DICKEY: Do you want to second it? FRIEDEL: Second the motion. Page 58 of B4 TOWN OF FOUNTAIN HILLS Page 59 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: Councilwoman? GRZYBOWSKI: Before we vote, I just wanted to say a couple of things. First of all, I did not say we wanted to postpone the roundabout. What I said was we were postponing the conversation of the engineering design. And I want to make it clear that our intent was not let's design this sucker and do it next year. Our intent was it's less expensive to design it now, then if we have the opportunity for a grant we are ready to apply for a grant. Because we cannot apply for a grant if we go in and just say, oh, we really hope to do this project in the future. That's not how grants work. Also, regarding the new additions for Park Place, I believe, and our attorney can correct me if I'm wrong, but our development agreement has already been -- it's already sealed. So it's not like we can go to Park Place or Shea and say, hey, now get us some funding so that we can do whatever we want to do at that particular intersection. MCMAHON: Also, I would like to clarify that I have never heard that this is a $4,000,000 project. Justin Weldy just -- basically, he's told us what the figures are and the exaggeration of $4,000,000 is just that, an exaggeration. FRIEDEL: I don't think a two-lane roundabout you're going to get done for a $1,000,000. The one we just did was almost a $1,000,000. MCMAHON: There you go. MAYOR DICKEY: The total including design is 3.4 million. The other thing is, the ADA stuff is not a surprise at all. It was always part of this, so you know, I don't -- you can get mad or upset. What I'm saying, look back, it was always ADA access and in the budget it's 3.4 million for design, engineering, and construction. Who knows, right? But anyway, we have a motion and a second. Any further discussion? Roll call, please? MENDENHALL: Councilmembcr Skillicom? SKILLICORN: Yes, to postpone. GRZYBOWSKI: To terminate. UNIDENTIFIED SPEAKER: Terminate. SKILLICORN: Oh, yeah. Termination of proposed -- yes. Yes. MENDENHALL: Councilmember Toth? Page 59 of 84 TOWN OF FOUNTAIN HILLS Page 60 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES TOTH: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: No. MENDENHALL: Councilmember Friedel? FRIEDEL: Yes, to terminate. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: No. MENDENHALL: It passes. MAYOR DICKEY: Thank you. Our next item is a resolution -- 1 mean is a -- let's see, restating our council rules of procedure. Hannah? TOTH: Yes. So the Rules of Procedure, there are other things to look at with the Rules of Procedure, but this specific agenda item is regarding our rule that states -- I clicked on the wrong one. I apologize. The rule currently has a loophole which essentially says that three councilman can request for an item or direct or an item to be put on the agenda via email or written request to the Town Manager or -- yeah, Town Manager, Town Clerk, or Town Attorney. Point being, it does not say the next available agenda. And this is a loophole that it's been evidenced to me needs to be closed. So that's why I requested it. MCMAHON: I have a comment. MAYOR DICKEY: Sorry? Vice Mayor? MCMAHON: I don't look at it as a loophole. The Rules of Procedure already provide for council to place a matter on an agenda. The existing rule takes into consideration the Mayor, the Town Manager's time and input, the staffs workloads, timing of the item for the agenda, the staffs preparedness and readiness for it to be placed on an agenda, and also for presentation to the council, along with the host of other considerations so that the Page 80 of 84 TOWN OF FOUNTAIN HILLS Page 61 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES matters can be properly given to the council in fullness as possible. Historically, the Mayor, the Town Manager, and staff and previous councilmembers have all provided timely and balanced agendas respecting the proven process and staffs preparedness. To demand and require that an item be placed on an agenda is disrespectful of this process, of the staff, of the Town Manager and the Mayor's time, and it unnecessarily interferes with staffs workload and effective project management. Many of them were set for discussion at next week's council retreat. And I think based on what 1 think are premature demands, mistakes have been made already and time and resources wasted. The firing of the town lobbyist, it's going to cause financial hardship to the town because we don't have a representative at our legislature. The unlawful and disregard to the proper process in repealing the sign ordinance and its adverse contents had to be reinstated -- KALIVIANAKIS: Point of order. Point of order. MCMAHON: -- and had to be reinstated and is not -- KALIVIANAKIS: This is not on the agenda. This is not relevant to this conversation. MCMAHON: Yes, it is. And if you'd let me finish -- MAYOR DICKEY: Excuse me -- MCMAHON: -- let me finish, please. SKILLICORN: We should vote on the point of order, please. MAYOR DICKEY: Excuse me. We're talking about the -- MCMAHON: Excuse me. I'm in the middle of my -- SKILLICORN: We should vote on the point of order, please. There's a point of order. We should vote on it. MCMAHON: -- I'm in the middle of my comment -- SKILLICORN: But there's a point of order -- MCMAHON: -- and you are being so rude. SKILLICORN: -- but there's a point of order. We shall vote on it. MCMAHON: Extremely rude. ARNSON: Everyone please stop. Now, there's a point of order pending on the table. The question is whether or not Page 61 of 84 TOWN OF FOUNTAIN HILLS Page 62 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES this is relevant to the discussion or not. If Councilmember McMahon could kindly conclude? MCMAHON: Thank you. ARNSON: Thank you. MCMAHON: I believe my comments are relevant to it. Because there are other town resources and time has been made [sic] based on what I believe are premature demands on things, that were items that were meant for council retreat discussion. And we already -- you saw how the repeal of the sign ordinance went down. We had to tum around and spend time and resources in reinstating it. I just think that, you know, we just can't continue to be wasting everybody's time on these matters without respecting the process that's already in place and has been proven. And also the manner in which some of these requests have been made, if you look back and you look at them, I think they've been disrespectful and I think they've been rude. I don't think there is any basis, I don't think there is any need to change this rule of procedure. I think it's just another way to sidestep prudent procedures and properly evaluate and have balanced agenda. It adds nothing to the rule and accordingly, 1 believe it is without substance or merit, and another waste of time and valuable resources and I do not approve of it. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. I think the Vice Mayor just made my case, so thank you very much for that. The rule states that the Mayor or three councilmembers may direct the Town Manager to put an agenda on the item [sic]. The laundry list of the delays that you just read was that any staff, anybody in the town, for any reason, this can be delayed, delayed, delayed until basically it guts the rule of three town councilmen putting things on there to begin with. Now, I think Mayor Dickey would work in good faith with us and I'm confident of that, but this rule was written for maybe a mayor or staff that maybe didn't do good faith. I think this is a good public policy. It's written in there that three councilmembers Page 62 of 84 TOWN OF FOUNTAIN HILLS Page 63 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES can put it on there and the delaying tactics that you just talked about is the reason that were suspicious and that we want this to be addressed at this Town Council meeting tonight. MAYOR DICKEY: I'd like to address that. The only thing I delayed was because two of the three people on a past agenda item withdrew their support for that item to be put on the agenda. So I did not put it on an agenda. I have not delayed anything. KALIVIANAKIS: I think you misunderstand. I didn't accuse you of the delay at all. I just said that Peggy's reasons for all the delays -- I was not putting that back on you, Ms. Mayor. MAYOR DICKEY: Thank you. MCMAHON: I think you misunderstood what I was saying. I wasn't accusing of delays [sic]. I was stating that demanding things to be immediately put on an agenda caused delays and caused mistakes to be made. For example, the repeal of the sign ordinance and having us -- had to come back and reinstate it. The firing of the lobbyist without really, I think, adequate discussion. I just think that, you know, through the past process that the input of the Town Manager, the Mayor, and the staff, and respecting of their project management, their time and their workload, they've always strived to have a balanced, well -thought-out agenda. So that we're not here until 10 o'clock at night or arguing back and forth. So I think the current rule that states that we can place items on an agenda is appropriate and does not need to be changed. MAYOR DICKEY: Thank you. Councilman? SKILLICORN: Madam Mayor, first I think we need to thank you for the time you put together -- to put these agendas together, and I know you have been open to some suggestions in the past. And then when I read this, it appears to just be a clarification, and I think clarifications are good. And I actually believe this will make your job easier, so that's why I'm going to vote aye. MAYOR DICKEY: Thank you. It doesn't make it easier because what happens is, if you tell me you want some -- first of all, this is a brand new thing. When I've been on council for eight and a half years, I never had to do that as a councilperson and now as Mayor, Page 63 of 84 TOWN OF FOUNTAIN HILLS Page 64 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES every single agenda has been something like this, instead of just like talking and like -- and Jerry knows, because he's two and a half years on here. What do you want? What are your goals? Tell me what you want to do, well talk about it. This item and the overlook, whatever, this is particularly an item on our retreat to make some changes, because I think we all saw some things happening in the recent past that we want to change. So the whole rules and procedure are on our retreat. But what happens is, we --- like right now, if we change this, there is another item about this on the agenda for the retreat, so this may end up being moot and this entire conversation, and however long and whatever. That's what I think is the frustrating part. Because I've never had to have people, you know, changing the orders and telling me what they want and it's got to be the next one, even when we might need a hearing, which was the case. So you can't put it -- unless you mean by next available, next legal, or next like there's room, I mean, I don't even -- 1 don't really know what this means, in addition to -- or different from what it already says. I will put it on the next agenda when it's doable, plausible, legal, we can have all the information. So it's again, you know -- obviously, you want to do it, you're going to do it. But that's -- it is kind of disrespectful because I haven't sat here and said -- no, one thing, when you wanted to change the order of something, but it was the last item, and it's always the last item. So I didn't want to change the direction to the Town Manager up in the middle of the agenda because like -- so that's like probably the only thing, I said I can't do that. Everything else -- so I don't know. You know, it's up to you, obviously, but -- KALIVIANAKIS: It's up to all of us. MAYOR DICKEY: -- it's just made -- it's made everything very chaotic and not needing to be, so that's what I think about that. But go ahead. Did you already make a motion? I don't remember. No? Okay. What would you like to say? TOTH: Give me a second. My intention was never to bring up specified examples or accuse anyone of anything. However, considering the comments that are accusatory toward myself, I want to clarify that I had requested for the roundabout and not staircase item beforehand. It Page 64 of 84 TOWN OF FOUNTAIN HILLS Page 65 of 64 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES was on a draft agenda and then it was removed from that draft agenda. I then tried to honor requests to go to the Mayor beforehand, and that was again not on the agenda because of this loophole in the council rules. I understand that this may not have been something that has been used in the past; however, it has been in our council rules to my knowledge always. ARNSON: At least since I've been here, so I can only speak back to 2018. TOTH: Okay. ARNSON: But yes, it's been there for some time. TOTH: Okay, so 1 personally am not aware of a time that it was added. 1 believe that has been the council rules for some time, possibly since'89. I would have to go back and dig through agendas, I guess. My point being, I didn't want the conversation to tum this way. That's why I was keeping my comment short and sweet, but -- I therefore move to adopt Resolution 2023-05, approving the proposed language as presented. SKILLICORN: Second. MAYOR DICKEY: Thank you. We have a motion and a second. Roll call, please. MENDENHALL: Councilmember Toth? TOTH: Yes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: No. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom? SKILLICORN: Aye. MENDENHALL- Vice Mayor McMahon? MCMAHON: No. MENDENHALL: Mayor Dickey? Page 65 of 84 TOWN OF FOUNTAIN HILLS Page 66 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: No. MENDENHALL. It passes, four to three. MAYOR DICKEY: Our next item is adoption of a Fountain Hills Environmental Plan. WESLEY: Mayor and council, good evening. I'll cover this item this evening. The 2022 Strategic Plan includes a strategic priority to continue to improve public health, well-being, and safety for our town. A signature strategy under that priority is to promote the natural and built environment of Fountain Hills to improve public health, well-being, and safety of the community, and then finally a supporting task is to create and publicize an environmental plan for Fountain Hills. So that's what we're here to talk about this evening and hopefully get your approval of. The Strategic Plan Advisory Committee and staff met to discuss what that task meant and what they were looking for with regard to environmental plan and discuss various options for how we might meet that goal. In doing so, we reviewed the contents of the General Plan that the council and public approved a couple of years ago and recognized that the materials already included in that plan covered most of the items that the SPAC was looking for in terms of environmental plan. The challenge there was the pieces were not pulled together into one easily read document for that main purpose. The one item that was missing well talk about in a moment with regard to biophilic community. So with that direction from SPAC, staff has pulled together those pieces and added a little bit to it and the SPAC at their November meeting voted to recommend or endorse a plan to the council. So (indiscernible) with the background and the terms of the General Plan, Section 111 of the plan, thriving environment. Item 2 under that's natural environment. And then on page 85, it has a stewardship statement, and then on page 92 and following, has environmental goals and polices. And then back in Section V of the plan under the implementation portion, particularly starting on page 126, it has implementation ideas that go along with the environmental goals and policies. Again, you can see that those portions were placed in different portions of the General Plan and so not easy for the public to look at, in terms of what document. Page 66 of 84 TOWN OF FOUNTAIN HILLS Page 67 of 64 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES So what we determined to do was to pull those items together and put them in one document. We included the environmental stewardship statement that was at the beginning in the General Plan, but had to reformat it a little bit, add a little bit of language so it fit properly into the new document. And then after we got the full document together, we thought it would be beneficial also to provide a summary page, so a person could just look at the one summary page and get the highlights of what was in the following pages if they really just wanted to get a snapshot. So those were the couple of additions. So we won't read all these pages, but I just wanted to go ahead and put them up, if anybody has any comments or questions about them as we go through. But the introduction, again, comes from -- it's the environmental stewardship page of the General Plan with again, a few modifications to make it fit the format and cover the purpose of this document. And then the next page is the summary of the environmental plan, which again just pulls the pieces from the following pages of the key elements and fits them in one page. So again, a person that really just wants that real quick overview has that language. And then from here, we really are just pulling in what's in the General Plan and the start of the environmental section includes this guiding principle statement. And then in these following pages, we have each of the goals and policies that are currently in the voter approved General Plan, as well as the action items again pulled together in one spot, so you can see the two together instead of having to look through the other parts of the plan. And so we did that with each of the goals. As you go through, again, if anybody has any questions or comments about these, let me know. There were, again, a couple little places in here where we adjusted some wording in just a minor way. It referred to at one point the former Strategic Plan, so we changed it to the current Strategic Plan. There's a few little things like that to improve the language. But other than that, it's directly out of the approved General Plan until we get down to the last item, number 8. This was the item that was added. There's been discussion about becoming a biophilic community and so we have -- the plan does include adding this additional goal with its two policies and one action item to move Page 67 of 84 TOWN OF FOUNTAIN HILLS Page 68 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES forward with -- in terms of becoming part of the biophilic network. So you'll be able to look at the total document pulled together. I feel like it does meet the Strategic Plan task of putting these together in an easily read document to be published, both online and then we have some hard copies available upstairs also for anyone who's interested. And then the Strategic Plan Advisory Commission has endorsed this plan and staff also recommends adoption. Any questions or comments? MAYOR DICKEY: Do we have any speaker comments on this, or questions for John first, or speakers? MENDENHALL: We don't have any speakers, Mayor, but we do have written comments that are in your packet and three arc in support of the Environmental Plan and a fourth -- it sounds like they're in support, but added some other thoughts to the environment that should be considered. MAYOR DICKEY: Thank you. Councilwoman? GRZYBOWSKI: Not a question for John. I just wanted to say that that was great work by SPAC and I appreciate that they included things that have been deemed important by our residents, according to surveys and just conversations. Things like trails, low water use plants, dark sky protection, requiring new development to include recreational open space, public education programming emphasizing local and regional historic and cultural resources, support expansion/development of regional and local transit service, encourage bicycle and pedestrian connectivity, and encouraging salt free water treatment systems. Goal 6 mentions low impact development and I wanted to make sure that we all understood what that meant. This is also known as green infrastructure. It's a method of managing stormwater as close to the source as possible by mimicking the natural water cycle. This totally falls in line with the biophilic community project that I know you've heard us talk about before, so I'm very pleased with what I see. Thank you. MAYOR DICKEY: Thank you. Page 68 of 84 TOWN OF FOUNTAIN HILLS Page 69 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Yes? SKILLICORN: Madam Mayor, I think we received an email from Councilwoman Kalivianakis earlier today and -- KALIVIANAKIS: No. I didn't send that to everybody. No. I sent it to (indiscernible). SKILLICORN: So in front of us here is an amended proposal here. And reading over this, I think this is excellent. 1 think we all can agree that the work that SPAC put in this is appreciated and 1 think just the couple minor amendments here are excellent. So I'd like to make a motion to approve the amended Strategic Plan. GRZYBOWSKI: I'd like some time to review this -- KALIVIANAKIS: Of course. GRZYBOWSKI: -- if we could, please. KALIVIANAKIS: Of course. And -- is it okay if I speak while you review, or would you like me to hold off comment until you're done? MAYOR DICKEY: Just trying to find the goal here, the first goal that you're amending. You can, you know, if you want to start -- KALIVIANAKIS: Yeah. MAYOR DICKEY: -- talking about that one, yeah. KALIVIANAKIS: Yeah. Actually, everything that Sharron said, I'm actually in agreement on. And I am going to support -- to move to adopt the Environmental Plan. I think it's sound and if it was portrayed as the way that Sharron did, I wouldn't be filing a motion to amend. So what I've all handed you tonight is the motion to amend and the amendments. If you'd like to go through them one at a time, that'd be fine, or if you want to read them and discuss them individually? Whatever you want to do, Ms. Mayor. MAYOR DICKEY: So the first one, you want to take out the wording that says, alternative transportation modes to reduce hydrocarbon, carbon monoxide, ozone, and particulate matter pollution. You don't want that in there? KALIVIANAKIS: That's correct. I'd like it to just say, to continue to support the expansion and development of regional and local transit service. GRZYBOWSKI: 1 kind of have a problem with that. This is an environmental plan. So Page 69 of 84 TOWN OF FOUNTAIN HILLS Page 70 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES I like it the way it is because we're talking environment and trying to be kind to the environment is alternative transportation to reduce all that stuff. I'm sorry. You can carry on now. MAYOR DICKEY: Thank you. Vice Mayor? MCMAHON: I agree with Sharron. I think that this is needed language to the environmentally friendly plan, and I think that it's important that it's stated there because Fountain Hills -- not just Fountain Hills, but the whole country is moving toward altemative transportation modes to reduce hydrocarbon, carbon monoxide, et cetera. So I think it behooves us to not have it in there. So I do not agree with the change. KALIVIANAKIS: Well, again, it accomplishes all the goals that you wanted to accomplish, but it just leaves out the hydrocarbon, carbon monoxide, ozone, and particulate matter pollution that 1 think are somewhat politically charged. MAYOR DICKEY: So if it ends at the transit service, you don't advocate for alternative transportation modes that would reduce hydrocarbon, carbon monoxide, ozone, and particular matter? This is not a mandate of any kind, it's supporting expansion and development of new business, electrical -- I mean, this is happening everywhere and you don't want us to be a part of that. KALIVIANAKIS: I guess if you'd like to keep alternative transportation modes in there, I'd have no problem with that. MAYOR DICKEY: Thank you. KALIVIANAKIS: I can amend that. MAYOR DICKEY: Thank you. KALIVIANAKIS: Yeah. The next one is, continue to require the utilization of native, drought tolerant landscapes that eliminate the use of gas -powered landscape equipment. I'd like to remove, that eliminate the use of gas -powered landscape equipment. Again, I think this is politically charged. If we've got landscapers out there using gas - powered devices, I realize that they may be phased out because were going to create technologies that may phase out fossil fuels. But until we do, you know, I don't like that language. It's too politically charged. Page 70 of 84 TOWN OF FOUNTAIN HILLS Page 71 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MAYOR DICKEY: Sure. Sorry. FRIEDEL: You know, I don't have a problem with that, and I'm just wondering if we got any input from stakeholders. There's an awful lot of landscapers and other people that in their own homes use gas powered, so I would hate to see this restriction stay in there. So yes, are we working toward eliminating those? We could be. So I would like to know, did we get any stakeholder input in this? WESLEY: Mayor and councilmember, again, this is language that comes directly from the voter approved General Plan. We got input from the public at the time. Did anybody comment on this specific one? I don't recall that they did. It's a goal and the primary part of it is to require the utilization of native vegetation which is currently in our ordinances as far as low water use. It's not an ordinance or regulation. It's just a stated policy in a plan document. FRIEDEL: Is there a way to soften that? So that we can get around the eliminate the use of gas -powered landscape equipment? I mean, there's hundreds of people in this town that do their own stuff with gas powered, too. Is there a way to message that differently? MCMAHON: (Indiscernible). FRIEDEL• Yeah. WESLEY: Certainly could. Again, though, I think the key part of that is the first part of the statement about continue to require utilization of native plants and drought tolerant landscapes. I think that's the key. As far -- FRIEDEL: How about works towards eliminating? WESLEY: That's fine. FRIEDEL: Brenda, would you be okay with that? KALIVIANAKIS: Sure. GRZYBOWSKI: I kind of feel like we're missing the entire point of an Environmental Plan. I agree with changing it to at least whatever Gerry just said, but are we missing some -- I don't even know where to get started. I'm a little upset that were calling this politically charged because SPAC is the one that put this together based off of the General Plan and other things that they've been working on for years. And SPAC is not politically charged or politically motivated. So I'm just a little concerned about that. Page 71 of 84 TOWN OF FOUNTAIN HILLS Page 72 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES One of the other things that I would like to look at is maybe this needs to go before CSAC and some other commissions. So maybe if we have concerns, we take it to CSAC. We take it to MMPC, where I know that the chair's already approved it, but maybe the MMPC in its entirety would like to see it. But I do feel like accusing it of being politically charged breaks with the entire concept of an Environmental Plan. MILLER: Mayor and council, I've been part of this. The Strategic Planning Advisory Commission had basically this item as a goal, which was to have an Environmental Plan. What their vision was, was to basically have these nice lofty goals, which we also had lifted right out of the General Plan which was voter approved. The items that the council -- that I'm hearing, and I understand why some councilmembers might be concerned, but this is kind of like a -- what I call a vision. Think of this as a vision. It's not -- there's no enforcement aspect, there's nothing. And so the next step would be, if there was anything that would follow this, would be some future policy direction that has to come before council for their adoption and approval. There's no enforcement. This is basically a vision plan and in order for us to have an Environmental Plan, you start off with a vision, and then if there's anything that the council wishes to implement, then they would implement through ordinance some of the requirements that are being talked about here tonight. So I just wanted to clarify that was what the plan was. There's no intent on the part of the Strategic Planning Advisory Commission to do anything. And again, a lot of this language was lifted right out of the General Plan. The only exception is the biophilic was something that was added because that's a new thing that wasn't really as in at the time that the General Plan was adopted, so -- KALIVIANAKIS: Ms. Mayor, if 1 may? MAYOR DICKEY: Yes. KALIVIANAKIS: I just think it's relevant and important to note that SPAC did not approve this unanimously. It was a divided vote and so -- and I actually spoke to one of the members of the SPAC and I think that there was -- MILLER: You're correct. KALIVIANAKIS: -- there were some concerns there. MILLER: It was one vote -- Page 72 of 84 TOWN OF FOUNTAIN HILLS Page 73 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES KALIVIANAKIS: That's correct. MILLER: -- that was against it. KALIVIANAKIS: That's correct. So anyway, if we want to keep on going to prove my point even more, encourage bicycle and pedestrian connectivity throughout the town to reduce automotive dependence, improve air quality, and support active lifestyles -- healthy lifestyles. I would like to delete, to reduce automotive dependence. As a person that has five cars and as a person that, like the old Chevy commercial, see the U.S.A., drive a Chevrolet, I like my intemal combustion engine and I like driving my automobile. And to say that we're going to reduce automotive dependence, again, I think it's politically charged and I think it's kind of Green New Deal-ish and I'm not comfortable with it. MAYOR DICKEY: So encouraging bicycle and pedestrian connectivity -- KALIVIANAKIS: It still says that. MAYOR DICKEY: -- throughout the town to reduce automatic [sic] dependence. So -- KALIVIANAKIS: It still says that. MAYOR DICKEY: -- no, I know. But except you're saying to take out, to reduce automotive dependence -- KALIVIANAKIS: Yeah. MAYOR DICKEY: -- but -- KALIVIANAKIS: Correct. MAYOR DICKEY: -- you know, this is just dependence. So if you have opportunities for bikes and pedestrians to do something else that improves air quality, this isn't telling them to do it. It's giving an opportunity, a possibility, and it doesn't take away from anybody's, you know, wanting to use their car if they want to use it. Again, 1 kind of get back to what Sharron is saying, is that it's like this -- what's the purpose of this? It's not a mandate and it's -- you know, it's in our General Plan that's voter approved, except for the biophilic stuff. And I think we actually did embrace that as something. We voted on that at some point to go ahead with that. So yeah, I really don't see the need for any of these changes, but you can go on. Gerry? Page 73 of 84 TOWN OF FOUNTAIN HILLS Page 74 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES FRIEDEL: Brenda, would you be okay with, encourage bicycle and pedestrian connectivity throughout the town to work towards reducing automobile dependence? SKILLICORN: Huh-uh. No way. No way. KALIVIANAKIS: No, I don't think so. MCMAHON:I— SKILLICORN: I've had my light on for like five minutes. So Madam Mayor, when I originally read this and I'm reading about banning internal combustion leaf blowers, that's a dumb idea that would come out of California, not our town. When I read something about, you know, reducing automobile use, ladies and gentlemen, rock and roll songs are about on the open road in cars, not riding busses and bicycles. It's part of the American way. And frankly, as it was originally drafted, I'm a no. I'm not just a no, I'm a hell no. It's a bad idea. We're not California. And I don't want to slowly slide into California, either. We are America. This is Arizona. I like it as amended and I would argue for that, and that's why I made the motion to do it as amended. And I don't want to go back to California language, period. MCMAHON: I -- MAYOR DICKEY: (Indiscernible). MCMAHON: I think your comments are really interesting because this is Arizona and I don't see any California, rock and roll, whatever, automotive comments in here. This is a vision plan. And to bring something in that isn't even in it, it's confusing the matter. Right now, were talking about item number 5, to encourage bicycle and pedestrian connectivity throughout the town to reduce automotive dependence and improve air quality and support an active lifestyles. Active lifestyles is the operative word. And it also is in conjunction with number 1. So to delete, reduce automotive, it does nothing to it. I mean, it's taking the whole thing out of context. The whole sentence is to encourage bicycle and pedestrian connectivity for healthy lifestyles, period. There's no need to delete anything from that sentence. KALIVIANAKIS: To me, it's just virtue signaling. That's all it is. MAYOR DICKEY: It's interesting because you're kind of characterizing this as political, but I don't think anything could be more political than what you just said about California Page 74 of 84 TOWN OF FOUNTAIN HILLS Page 75 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES and such. MCMAHON: Um -hum. MAYOR DICKEY: Just look at this as what it is. It's not something out there. This is an Environmental Plan and it's encouraging activity that would help the air quality. So you don't have to do it, but that's what this is. This is what this plan is. So it's interesting to me that you start talking about California and Arizona and such. SKILLICORN: Madam Mayor, words have meanings. And these words have meanings, and they have connotations, and they have a certain agenda to them and that is not an agenda that I believe the voters of this town will accept. And that's why I will represent them and vote no to anything other than the amended motion. MAYOR DICKEY: (Indiscernible). SKILLICORN: So 1 would vote no to the original agenda item, but I would vote yes to the amended motion. MAYOR DICKEY: Okay. KALIVIANAKIS: Even if you wanted to skip ahead like to 7, I guess I'm -- 1 think it's just making the same point. It says they want to encourage the use of architectural design using active and passive solar heating, okay? Now, I know that's very popular right now, but you know, solar power is all through subsidies. That's why people are doing it. Everyone's getting paid to drive these cars. All I want to add is encourage -- three words -- when economically comparable -- the use of So if it's going to cost a lot more money to do solar heating, let's do conventional heating. GRZYBOWSKI: For the record, I am not paid to drive my car. I'm not really sure where that came from. KALIVIANAKIS: Well, there's subsidies on like Teslas. FRIEDEL: You get a tax break. You did. GRZYBOWSKI: For my registration, yes. But that law has now been passed or surpassed because we surpassed the number of cars sold. So that's beside the point. To say something is politically motivated just turned it into political motivation. This was a fabulous Environmental Plan that met along with our General Plan and in our Strategic Plan and everything else that the SPAC folks have worked on for the past Page 75 of 84 TOWN OF FOUNTAIN HILLS Page 76 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES however many years -- what, four? Three? Now we've turned it politically motivated because we say it's politically motivated. I'm completely at a loss. I'm so surprised that there is anybody this against it, when all it's doing is trying to do exactly what our surveys have said, keep our pristine views and our lovely landscaping. And we just turned this political. I'm sorry, SPAC, if there's any of you out there watching. KALIVIANAKIS: The changes are so minor, I'm surprised we're having this much division. MCMAHON: Well, I mean, I think that -- one thing, sometimes we read more into something and I think that's what's happening here. No offense to anybody. 1 think that as it's written, it's fine. I mean, it's a vision plan. It's in concert with other things that have been discussed, et cetera, like Sharron says. And I really don't think there needs to be any changes. And encourage when economically comparable? I don't understand what economically comparable has to do -- I mean, it's just to encourage the use of architectural design using active and passive solar heating, et cetera. I mean, it's encouraging use of environmental friendly things, so 1 really don't think amendment there. And to skip ahead also to biophilic design, I think one of the reasons why it said incorporate is because -- don't we have -- what's it, a dedication or something to be a biophilic town? MAYOR DICKEY: Yeah. MCMAHON: Aren't we moving forward with applying to become a nationally recognized and known biophilic town? So where -- GRZYBOWSKI: We'd like to. We're working towards that. MCMAHON: Right. So I think that's why the word incorporate is in there and needs to be in there. MAYOR DICKEY: Councilwoman? TOTH: Personally -- excuse me, I'm so sorry. Personally, moving away from the argument that kind of got off the rails, I believe that the proposed changes are fairly small in impact. What remains of the plan, I think, is reasonable. 1t still describes our goals in Page 76 of 84 TOWN OF FOUNTAIN HILLS Page 77 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES full and I would support the amended plan, if that's something that this council can agree upon. I don't know if Allen's motion still counts as on the table, but if it is, then I second it; and if not, I restate it. GRZYBOWSKI: Is it possible to ask that we send this back to SPAC, so that they can review it and maybe consult with Community Services Director, Rachael, and see if it should go also to any of our other commissioners for review? MAYOR DICKEY: That would be good with me. MCMAHON: It would be good with me. MAYOR DICKEY: That way they could all -- there's seven members? Thcy could take a look at it. They're appointed by this council just like P&Z, anybody else that gets -- KALIVIANAKIS: I would be against that. Again, just to say what the Vice Mayor just said, on goal 8, we only changed one word. Instead of incorporate biophilic designs, we just said encourage biophilic designs. Its almost the same meaning. And so why we're having an argument, were -- GRZYBOWSKI: Then why are we changing it, if it's almost the same meaning? KALIVIANAKIS: Because incorporate means -- it's a shall, where encourage is a try. MAYOR DICKEY: Why don't we vote on the amendment? Or wait, you didn't amend it. You just -- did you amend it? SKILLICORN: Me. For clarification, I made a motion to approve this amended ordinance. MAYOR DICKEY: Okay. All right. And you have a second for that. So let's take a roll call on the amended Environmental Plan. MCMAHON: So we're not going to send it back there? MAYOR DICKEY: Well -- MCMAHON: To SPAC itself! MAYOR DICKEY: -- would you like to amend his motion? MCMAHON: Yes. MAYOR DICKEY: Okay. MCMAHON: I would like to amend his motion to say that before voting on this, we're going to send it back out of respect, and we'll send it back to SPAC and other committees Page 77 of84 TOWN OF FOUNTAIN HILLS Page 78 or 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES that may need to look at it to sec if they approve of the language since it's -- and be in compliance with the General Plan. MAYOR DICKEY: Yes. KALIVIANAKIS: Can 1 have a point of order? MAYOR DICKEY: Yes. KALIVIANAKIS: Can she amend an amendment? UNIDENTIFIED SPEAKER: Yeah. MAYOR DICKEY: His wasn't an amendment. He made a motion with your language. ARNSON: Okay. So I think -- KALIVIANAKIS: But a motion to move to adopt the Environmental Plan as amended. ARNSON: Right. KALIVIANAKIS: That was the motion -- as amended. So the main motion would be to adopt the Environmental Plan. The amended is to adopt the Environmental Plan as amended. So there is an amendment to -- with the motion -- MAYOR DICKEY: There wasn't -- it wasn't amended with a second to the amendment. KALIVIANAKIS: -- because at staff recommendation -- staff recommends council adopt the Fountain Hills Economic Plan. MAYOR DICKEY: I don't believe that's so because we would want to debate the amendment and 1 don't think we had that opportunity because he didn't put it in terms of an amendment. KALIVIANAKIS: Well, that's why I made a point of order. Can we have a ruling? ARNSON: Yeah. Yeah. The way that I view this is that -- well, 1 don't think either side's going to be happy with me -- with what 1 say. 1 don't think it was -- yeah, I'm an attorney. I don't make anybody happy, right? That's the goal. 1 think that the way that it was characterized was that it was just moving to adopt this version of the plan, combined with what's on our computer screens right there. We got a second. I don't know that we can -- motions to amend are typically not to substantively change the entirety of the motion. So I don't know that that's a valid amendment to make. So that's why I don't think it's -- I don't think that it's a valid amendment to make and I don't think it was an amended motion to begin with. So I think we should just vote Page 78 of 84 TOWN OF FOUNTAIN HILLS Page 79 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES on the thing. MAYOR DICKEY: Well, we have a motion then in front of us that can still be amended. ARNSON: It can still be amended, as long as it relates to the subject of the main motion, right? And this was to send it back to SPAC completely, as opposed to changing something about the substance of the document itself. That's what we would need to do. MAYOR DICKEY: So can it be amended to -- well, okay. In that case, it's not going to work out. All right. ARNSON: No. MAYOR DICKEY: Because we could amend it to approve it as we received it, but that's obviously not going to pass. KALIVIANAKIS: Correct. Ycah, the amendment would have to be on what's on the table, and that's (indiscernible) referred back to SPAC -- MAYOR DICKEY: Right. KALIVIANAKIS: -- that (indiscernible). MAYOR DICKEY: So let's get a roll call on the amended Environmental Plan. GRZYBOWSKI: So just to be clear, sorry, it's this with these changes? Thank you. These changes. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: No. MENDENHALL: Councilmember Friedel? FRIEDEL: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Yes. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Toth? TOTH: Yes. MENDENHALL: Vice Mayor McMahon? MCMAHON: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: No. Page 79 of 84 TOWN OF FOUNTAIN HILLS Page 80 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES Thank you. KALIVIANAKIS: And can I just make one comment? Just a reminder to Aaron that we were going to include, and alternative transportation, in the amendment. Okay, that was number 1. MCMAHON: I thought we agreed not to. KALIVIANAKIS: I thought you wanted that in there. And alternative transportation. SKILLICORN: That wasn't part of my motion. KALIVIANAKIS: That's -- no, but we said we were going to do it. SKILLICORN: Yeah, but that was not part of -- I never made that motion. MCMAHON: I thought we agreed to not have that in there. MAYOR DICKEY: She -- Brenda agreed to put something back in that we wanted, but I don't think that that's what he -- KALIVIANAKIS: It was the alternative transportation. MAYOR DICKEY: Right. KALIVIANAKIS: That's what you wanted and I agreed to that. MAYOR DICKEY: Yeah. UNIDENTIFIED SPEAKER: This. MAYOR DICKEY: But I don't think that is -- ARNSON: Councilmember Skillicorn held up a piece of paper and said, I'm going to make a motion -- KALIVIANAKIS: Okay. ARNSON: -- to approve this. KALIVIANAKIS: Okay. ARNSON: So I took that for what it was. MAYOR DICKEY: Okay. ARNSON: Okay. SKILLICORN: And you are correct. ARNSON: Okay. KALIVIANAKIS: Okay. MAYOR DICKEY: All right. Next is our legislative items. Grady, do you want to start? Page 80 of 84 TOWN OF FOUNTAIN HILLS Page 81 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES MILLER: I'm not as prepared on this, but 1 do have a few updates to provide the council. So right after the last council meeting where the council gave direction on some critical bills, House Bill 2061, that was the municipal tax exemption on food, 51.9 million annual impact to the Town of Fountain Hills, 1 went ahead and registered opposition to that. Also House Bill 2067, that has a negative impact of 1.2 million. I registered opposition to that online at the Arizona Legislative System. Also registered opposition to House Bill 2756, law enforcement defunding. That was the bill, if you recall, that if cities and towns did not maintain a certain response time for emergencies that they would potentially lose their state share of revenue, so I registered in opposition to that. Also Senate Bill 1117, municipal platting. This is the one that was really very impactful and negatively would impact our town, as well as other cities, relating to housing just being built anywhere. And registered opposition to that. Senate Bill 1121, this was the Prop 400 alternative bill. The town basically has $23,000,000 worth of projects in the extension of Prop 400. This bill would've excluded transit from the bill. Due to concerns about the other bill that may not have been passed, this one was in opposition. Also Senate Bill 1162, home based businesses. This would've removed all restrictions in zoning, so I registered opposition on that online. Also the vehicle license tax. This would require cities and towns to only use it on transportation related expenditures, such as streets, repaving and such. This was just not really good in the long-term interests of cities and towns and there was an opposition that I registered to that as well. So I'm not up to discuss any of the status of the bills because the only one I'm really familiar with, I think, is Senate Bill 1117. I do believe that that one passed. And I'll pass it back on to the Mayor. I think she has some other comments. MAYOR DICKEY: Yeah, that bill did pass on the floor. The VLT bill failed in the committee, so that ones good. That one's helpful for us. Again, the law enforcement one, I don't -- that one passed. But well see where Page 81 of 84 TOWN OF FOUNTAIN HILLS Page 82 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES that one goes. And the one about fireworks would allow aerial fireworks and the definition of consumer fireworks and permit retailers licensed by the State Fire Marshall to sell consumer fireworks every day of the year in every county of Arizona. I believe, councilman, you were in favor of that one. I don't think that we discussed that one before to know whether were opposed or obviously opposed. The League's opposed. I wanted to mention that Mr. Lunsford, The Lunsford Group, to be clear, still works for us. When you fired him, he still had sixty days. That's the way the contract read. And during the testimony for 1122, which was the Prop 400 bill that would essentially defund Rural Metro, Valley Metro, excuse me-- RPTA, and we would lose all those dollars that hopefully well get if the right Prop 400 does go to the voters and decide to pass it, 20 or 30 million dollars' worth of projects for Fountain Hills. Sharron Grzybowski, Vice Mayor, Grady, and I signed in opposed to 1121, as did MAG. And the Lunsford Group on our behalf, still says Town of Fountain Hills, opposed to that bill. So his testimony was correctly representative of the Town of Fountain Hills. And I know that you didn't say that at the meeting, Councilman, but he still is until I think the middle of March, March 18th or so. So it was not a rogue no, it was -- And MAG chair, Mayor Kenn Weise from Avondale, had asked us all to weigh in on that and then afterwards, when it did fail, he asked us to write to the committee members who had voted no, which 1 did. And again, I'm not a lobbyist, so when my name comes up it does say Mayor, but Jack's still legitimately does and Grady's still legitimately does. And I thought that was pretty important to make sure. And then there's a strike everything bill, hopefully to keep Prop 400 alive, so that we can ask the voters if they will approve of that. And again, the Senate Bill 1117 is really going to be very impactful for us. We might as well not have Planning & Zoning. We might as well not have a Planning Department if this goes through, so you really got to keep an eye on that one. Now, it'll be moving over to the House, so we'll have to watch that. The corporate income tax bill was on the floor today, so I don't know if it passed, and that's the one that's going to cost us upwards of $500,000 a year. Page 81 of 84 TOWN OF FOUNTAIN HILLS Page 83 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES So there's other stuff that they're working on that they're hoping maybe well be able to get some amendments on, but that 1117 is virtually amendable and I think you would agree. You agreed with that aspect of that, so. But I don't think there's anything new because they're not in the committees yet, so we can't put anything in. If you have any questions about anything -- KALIVIANAKIS: Can I just address, Mayor and council? HB 2044 calls for the -- modifies the regulations for how a city or town adopts a new General Plan. I would be against that. I think any state regulations that want to modify how a locality does its business is not good. HB 2061 -- oh, we already talked about that. The food tax. So let's not double up. HB 2756 on law enforcement mandates that a city or town must not reduce the annual operating budget of law enforcement agency below the previous year's budget. 1 know we have a contract with Maricopa, but I think again I'd be against this because I think it's stripping away towns' rights and I think that's going in a bad direction. HB 2808, public records, changes a custodian of public records and then (indiscernible) the subject of public records requests, compliance time for public records requests from promptly to five business days. And I think that promptly is good enough. We have a lot of business going on and to put a time limit on that I think is a really bad idea. I'll let that one go. This one might be a little controversial, but SB 1011 allows for candidate elections for a city or a town to be held after January 1st, 2024, to indicate a candidate's political party registration on the ballot. I think I would be for that. 1 think it's good for transparency and I think that the days of the nonpartisan elections are kind of over. SB 1025 prohibits the area of municipal design, commercial tourism, commercial resort and hotel sign free tourism zones from exceeding ten percent of the total area of the municipality and requires a tourism zone (indiscernible) score of .20 or more. And so, again, I would be for that. And then the other one here is again for the -- I'd be against the reduction of our Page 83 of 84 TOWN OF FOUNTAIN HILLS Page 84 of 84 FEBRUARY 21, 2023 TOWN COUNCIL MEETING MINUTES taxes And that's my update. Thank you. MAYOR DICKEY: Thank you. One of them, the one about the General Plan, I think that is actually something that a smaller city, Sedona, somebody wanted that onc. So well see what that one is. And then the League, as far as the partisan elections, since it's permissive, it doesn't mandate anything, so they're not taking a position on that. And then the others, you know, that are messing around, yeah, for sure. KALIVIANAKIS: Yeah. MAYOR DICKEY: Okay. KALIVIANAKIS: Yeah. MAYOR DICKEY: Thank you. Anything else on that? Okay. So our last item is a council discussion/direction to Town Manager. Any items tonight? Going, going, gone. Okay. We're adjourned. Thank you. Page 84 of 84 Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on February 21, 2023, at 9:13 p.m. ATTEST AND PREPARED BY: TOWN OF FOUNTAIN HILLS Mt (t Gi y Dicke O Mayor a G. - ndenhall, 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 21" day of February 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 4" Day of April 2023. inda endenhall, Town Clerk