Loading...
HomeMy WebLinkAbout2023.0516.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL May 16, 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 5:39 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: Interim Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately sixty-nine members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES Post -Production File Town of Fountain Hills Minutes of the Regular Meeting Of the Fountain Hills Town Council May 16, 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 64 TOWN OF FOUNTAIN HILLS Page 2 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES DICKEY: Good evening, everyone. Please rise for the Pledge, and if you choose, stay 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: Thank you. We have Pastor Rod Warembourg. Hi. WAREMBOURG: Thank you all for this opportunity. Please join me for a prayer of invocation. Father, thank you for your goodness to us. Father, I want to thank you for these who lead our city. And I pray, Father, that you would help them as they lead and guide our city. I pray, Father, that you would be made wisdom to them. I pray, Father, that you would help them to lead us into a bright future. We pray that you would be about their decisions and about the things that happen here tonight. In Jesus' name, amen. ALL: Amen. WAREMBOURG: Thank you. MAYOR DICKEY: Roll call, please. MENDENHALL: 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 Skillicorn. SKILLICORN: Here. MENDENHALL: Anyone wishing to address the council regarding items listed on the agenda or under Call to the Public should fill out a request to comment card located in the Page 2of64 TOWN OF FOUNTAIN HILLS Page 3 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES back of the council chambers and hand it to the town clerk prior to consideration of that agenda item. When your name is called, please approach the podium, speak into the microphone, and state your name for the public record. Please limit your comments to three minutes. It is the policy of the mayor and council to not comment on items brought forth under Call to the Public. However, staff can be directed to report back to the council at a future date or to schedule items raised for future council agenda. MAYOR DICKEY: Thank you, Linda, very much. So we start, as always, with our reports from our town manager and council. Rachael. GOODWIN: Good evening. I just had one announcement. I wanted to thank our mayor and council that attended our staff luncheon, where we honored a number of staff who had milestones years of service. We had a number of staff that were celebrating 5. 10, 15, and even one that had 20 years of service with us here at the town. And I just wanted to say thank you. It was a great celebration of our dedicated staff and a reminder of how many -- how many locals we have and how much work goes in every single day, seen and unseen. So thanks for joining us. MAYOR DICKEY: Thank you. TOTH: I have no report this week. Thank you. GRZYBOWSKI: Being respectful of our time, instead of talking about all of the volunteer stuff that I've done over the past couple of weeks, I try to keep my comments pertinent to my duties directly here on the council. During the last two weeks 1 attended the League Budget and Finance Economic Development meeting, where only one item was brought up, and it was shot down immediately. In all honesty, the town manager didn't even know how it was brought to the table. So we could talk about that later, if you'd like to, Mayor. I'm sure you'll hear about it. The town manager, the interim town manager and I met with a couple of their public service representatives. I attended virtually two League legislative update calls. And last week I did the first tier suburbs meeting with the National League of Cities. I'm not actually on their council, but they allow me to attend. And it's always intriguing because it's not the big cities, the Phoenixes and whatnot. It's the suburbs like us that are Page3 of 64 TOWN OF FOUNTAIN HILLS Page 4 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES immediately outside. So that's always an interesting call. Thank you. FRIEDEL: Thank you, Mayor. I attended several events, including Paws on the Avenue. It was a dog show on the avenue in front of Classy Jazzy. And were hoping for a bigger turnout next year for that. But it was a lot of fun. A lot of cute dogs out there as well. I attended the recent school board meeting. Like Rachacl, I attended the Town Service Award luncheon recognition for the town employees. I had no idea we had employees that were there for 10, 15, and 20 years. So that's really a testament to the town and the staff. And along that line, Mayor, bear with me. I want to make a statement. You know, we talked about our capital improvement budget and our buildings and our roads and how valuable they are and our parks. There's one thing that we don't talk about that I think is very important of this town, and that's our employees. We have a great group of employees here. And they help deliver all the services to this town. There's a lot of volunteers. There's a lot of hours and work that go into that. And 1 don't know if anybody in this room realizes the fact that our town manager did not take the COLA increase recently. I hope I'm not embarrassing you, Rachacl. But that's a testament to a good manager who stood up and said, you know- what, I'm not going to take that increase. So kudos to you, Rachael. I just want to make sure that everybody was aware of that. I also want to mention the fact that recently Brenda K. and I delivered home -delivered meals. That was so rewarding, a couple hours that we spent delivering meals to seniors in this town. So there's a lot of volunteer opportunities for stuff like that in this town. And then, the one final thing, Mayor, I want to say is that the Arizona state budget got passed this past week, and in there was a line item for $10 million going to the Dark Skies Discovery Center. So that is going to happen. [APPLAUSE] FRIEDEL: So we're excited about that. So it looks like it's a big step toward them getting their funding in place, so look for that and future updates on that as well. Thank you. MCMAHON: Good evening, everybody. We had a new Memory Cafe for the dementia friendly group that was really -- and we had a great turnout. And it was really a great conversation with the caretakers. And we look forward to having many more than -- it's Page 4 of 64 TOWN OF FOUNTAIN HILLS Page 5 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES part of our initiative as dementia -friendly town. So to have it be such a success was really rewarding for all of us. I also, like Sharron, met with a republic representative; we had a good conversation. And I also wasn't to congratulate all the employees with all the major milestones from 5 years to 20 years. It was very, very impressive to be able to honor them, to see their dedication and how much they love working for our town. And like Gerry said, we really have one of the best staffs, I think, in Maricopa County. So thank you for that. And also, I attended the legislative calls, and I was very, very excited to see that we have $10 million allocated in the state budget for our Discovery Dark Sky Center. That's just an amazing feat. And it is going to do so much for our town. So thank you. KALIVIANAKIS: Thank you, Miss Mayor. Hello everybody and thanks for attending tonight. Now, once again, we've almost a full occupancy. Everybody on YouTube and streaming on live, this is what good governance is all about, is a concerned and active citizenry. So thank you very much for being good, active citizens. I also went to the Town of Fountain Hills length of service milestone celebration, celebrating our employees. It's a great way to acknowledge the years of honorable service to our community. I want to keep it brief tonight, but I do have some opinions on our town staff and some contentiousness that's happened lately, and I wrote a open letter to the town staff, and it will be in tomorrow's Fountain Bills Times in the "Letters to the Editors" section. So that's why I can keep it brief tonight. I did attend the Planning and Zoning meeting. And it was a very insightful meeting. I know if you guys come here and you like this kind of public engagement that the Planning and Zoning is really where things get started. And I would suggest -- it's online. It's on YouTube. And it's, of course, live. But it's a good place to get your updates on what's coming down the pipe. I did go to the school board meeting. And I know that recently there's talk of this bond issue. And I would just ask the people, whether you're for it or whether you're against it, to just be courteous and respectful of each other. I know that there's a lot of contentiousness regarding that, too. And I think that it's uncalled for. Everybody wants what's best for the kids. We just have different ways of going about doing it. And so let's just honor each other's -- respect each other and treat each with dignity. Page 5 of 64 TOWN OF FOUNTAIN HILLS Page 6 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES The last thing is I did also attend the Paws on the Avenue as well as Brett Kershank and the mayor and Scott Strasbourg, who were the judges. And they picked wisely. Hannah, Gerry, and I were the dog handlers, and we got the dogs staged and to the right spot. I don't know if this was intentional or not, I didn't ask, but it was the same day as the Kentucky Derby. And so everybody -- the derby has the hats and the outfits, and the same thing happened that day. It was just a wonderful event because all the -- the pet owners dressed their pets like themselves. And it was such a fun event to see, and it was, just again, Fountain Hills' very best. And so, like Gerry said, we'll publish it a little more next year, and hopefully it will get more dogs and more owners. Thanks, everybody. Have a great evening. SKILLICORN: Thank you, Madam Mayor, everyone. Thank you for coming, especially the smiling students here. I'll steal the councilwoman's thunder and say you can always stay for the whole meeting, too. So just, you know, very quickly, I was able to attend the Fountain Hills Coalition. The Chamber of Commerce had a ribbon cutting last Thursday. I was able to attend. I was able to meet with the sheriffs department. I teamed quite a bit about those details there. And there's a whole -- a long list of community events it will take part on. It's such an amazing -- to have such an active and participant -driven community that we do so many fun events. So just keep it up, everyone. MAYOR DICKEY: Thank you. You'll have to remind me to start on this end next time. I'm always starting over there. So I'll let you guys go first next time. I thought what you were going to say it was the Kentucky Derby because the winning dog looked like it could have been a horse. [LAUGHTER] MAYOR DICKEY: It was a pretty big one. So it was fun. I realized at the last meeting I made a mistake when we were talking about our road bonds. We had our -- you know, we have all this other stuff that we talked about with the budget, and I said we were -- we were not going to be going for a street bond, and I said 2024, but I meant 2023. So that's this year. And the school district will be discussing what they're going to do. But we won't be doing anything this November. I attended a housing policy briefing. It was regarding short-term rentals. It was really Page 6 of 64 TOWN OF FOUNTAIN HILLS Page 7 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES good. A lot of different cities. And were actually in pretty good shape with our ordinance. It was from around the country. So some of them haven't come as far, I guess you'd say, as Arizona. Quarterly East Valley Mayors' meeting, we had that. We had our mayors' education roundtable, which this time was at ASU Helios Decision Center. I'd never been there. A lot of good information I'll share with the superintendent. Mayor's Youth Council graduation -- that was great. Congratulations for all your volunteer hours. Some of us seniors will be moving on. And I'll probably see some of the others next year. And they'll be presenting tonight. So that's awesome. Capital Times had a webinar about Prop 400e. And the Greater Phoenix Economic Council, and Sharon knows about this, and mayors and supervisors had a meeting. Some of that information will be in our presentation that were having today from ED. And I had my first League Executive Committee meeting. And there was a lot of information about that bill that pretty much wipes out any local control on zoning. So we're all trying to keep our eye on that one. I had got a lot of information that I did send to the council, and hopefully they will distribute. It's kind of a lot, but it's important to know about this because I have a feeling some of it's going to go through. So we'll have to keep our eye on that. So really appreciate it. So our new thing is for the stellar students to be part of the reports, which is right now. And this is our last one for the year. And we have six kids, two from each school. And I'm going to start with McDowell Mountain School. Angela has the certificates. And when I call your name, please come up, she'll give it to you, and then just wait up here, and then the newspaper will take a picture when we're done. So I'm going to start with Aubriana Hrisho. I want to say that right. Is Aubriana here? Yes. Come on up, honey. [APPLAUSE] MAYOR DICICEY: "Aubriana is a perfect example of a stellar student. Not only does she always do her very best on her work, she's extremely polite, respectful, and considerate of others. Aubriana goes out of her way to be helpful, and her kindness is recognized by her peers. In class she shows great skill and effort in whatever we're working on and offers wonderful ideas in class discussions. She's an absolute pleasure to Page 7 of 64 TOWN OF FOUNTAIN HILLS Page 8 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES have in class." Aubriana, thank you. [APPLAUSE] MAYOR DICKEY: Now stay right up there, honey. Next from McDowell we have Damon Spex Jr. Is Damon here? Hey, come on up, Damon. [APPLAUSE] MAYOR DICKEY: "Damon is a stellar student because of the positive example he serves and the group -- and the growth he has shown in art. He demonstrates what respect looks and sounds like and makes efforts to inspire others to do the same. He tries his best and perseveres when met with challenges. He's open to suggestion and shows great appreciation for the help. It is an honor to nominate Damon for being a respectful, kind, responsible, and safe stellar student." Damon. [APPLAUSE] MAYOR DICKEY: Now well go to the Middle School and Sophia Dwyer. Is Sophia here? Yeah, come on up. [APPLAUSE] MAYOR DICKEY: "Sophia is an amazing student and citizen. She is kind, considerate, and very hard working. She cares about her grades and her classmates. She is," in capitals, "a stellar student." That's Sophia. [APPLAUSE] MAYOR DICKEY: Next from Middle School is Jake Hamcd. Is Jake here? Come on up, Jake. [APPLAUSE] MAYOR DICKEY: "Jake is a great student. He works hard on his assignments and takes his education seriously. Jake is kind and respectful to his peers and to staff. We think Jake is a stellar student." That's Jake. [APPLAUSE] MAYOR DICKEY: Now we have from the high school Alex Brownstein. Is Alex here? Yay. [APPLAUSE] MAYOR DICKEY: "Alex is a very consistent worker and is dedicated to doing his best in all situations. He is someone who sees the value in education and becoming the best Page 8 of 64 TOWN OF FOUNTAIN HILLS Page 9 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES that he can be in whatever he chooses to do." That's Alex from the high school. [APPLAUSE] MAYOR DICKEY: Our last student couldn't make it because she -- she had cheer commitments. Her name is Riga Homyak, and she's from the high school. "Riga is always upbeat and is very reliable person in helping with attendance. She works great with others, and she's a wonderful person to have around. She loves dance and music and is quick to compliment others." So let's give Riga a hand. [APPLAUSE] MAYOR DICKEY: All right. You guys ready for this? You guys ready for school to be almost over? [LAUGHTER] MAYOR DICKEY: You arc? I can't believe it. One more. Congratulations, everyone. [APPLAUSE] MAYOR DICKEY: Thanks, guys. Thanks for coming. Next we have our presentations. And the first one we're going to have is from the Fountain Hills Medical Center. Rachael, did you want to introduce? GOODWIN: I think our team is here. MAYOR DICKEY: Doctor, thank you for coming. Thank you for being with us. Looking forward to hearing. EZEUME: Thank you very much, yeah. Can I just go? All right, excellent. Well, Madam Mayor, Council people, and town staff, I'm very grateful to have been invited to come talk to you guys, and it's a little bit exciting. Actually, very exciting. The last time we were here, I was here about three years ago. We were looking to get this property by Saguaro and Trevino rezoned to allow us to get to bring the first emergency room -- 24/7 emergency room to the Town of Fountain Hills. Then the second time I was here, we were hoping to upgrade for 24/7. And we were very lucky that you guys caught onto the vision which, which is a testament to the leadership of the town, and agreed with us that it was a service that was needed. And I'm back here today to tell you guys that we've been open for three years as of last month. And I wanted to kind of report directly back to you guys as far as what we are doing, how we're Page 9 of 64 TOWN OF FOUNTAIN HILLS Page 10 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES doing, and what the plan is, going forward. So for the two years we've been opened, we've seen -- we've had 20,000 patient encounters as of last month. And for this next year, if our current volume keeps up without additional increases, we're on track to see another 12,000 patient encounters in our third year. So that is -- that is really amazing. Since we opened, the opportunity that exists in the — I'm just going to read through this, just because I understand I have ten minutes, so I'm trying to get through it very quickly for any questions. So since we opened up, the opportunities that exist in the healthcare space here in our town has been recognized by a lot of other health organizations and providers. And it has had kind of a downstream effect and resulted in additional healthcare services being offered by these organizations here in our community. So that's exciting as well because we -- the more services for our residents, the better it is for everybody. We have had tremendous support from Fountain Hills and McDowell Reservation residents. While our shares of patient from Fountain Hills and McDowell Reservation is about 60 percent, the actual number of patients has continued to grow over the past two years. We are also starting to see a lot of patients coming in from Scottsdale and Mesa. And it is continuing to steady increase as well. About 25 to 30 percent of our patients right now are coming in from Scottsdale. About 10 to 15 percent are coming from Mesa and some other farther out areas like North Phoenix and sometimes Chandler. The one thing that keeps bringing them here, or at least looking our way, is that Fountain Hills is now being recognized as a place where there arc a lot of healthcare options. And most importantly, you can actually get those services here fast and efficiently. So many patients from surrounding areas that do come here have expressed surprise about -- some people don't even know Fountain Hills exists. I mean, I did my residency here for three years; I'd never heard of Fountain Hills. So it's actually pretty amazing. When people get over the hill, they are pretty surprised that there is actually a town called Fountain Hills. And some of them have lived here for five years. So you know, that -- so they are very happy to have healthcare options and the efficiency of the facilities we have. We are investing in outreach and awareness about healthcare in Fountain Hills as an extension of, obviously, the services we offer. We continue to Page 10 of 64 TOWN OF FOUNTAIN HILLS Page 11 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES sponsor programs here in town, as well as, you know, especially in some of the elementary schools, middle school, high schools in the Scottsdale area that is closer to us, including some charter schools such as basis Scottsdale. We continue to see an increase of pediatric visits from the surrounding areas. And some of these parents are coming to Fountain Hills for the first time. And I know there has been a desire to attract young families to our town. And this certainly is not -- is not having a negative impact; that's for sure. So we continue to prefer to refer patients to sub -specialists that operate offices in Fountain Hills. This is one of the things we look at when we make referrals for patients that are not already assigned to sub -specialists providers. The majority of our prescriptions, over 90 percent, even from people that are outside of the town, are sent to pharmacies here. A lot of times patients will come in for, like, an acute illness, and they want to be able to just go to pharmacy down the street, get the medicine on their way back. So this, this continues -- this adds to support of local commercial pharmacies and helps to, obviously, keep those businesses here in town. Specifically, patients that do visit us express satisfaction about how neat, clean, and organized everything is. And they feel like they're not climbing over each other to get the same quality of healthcare that some places you wait four, five hours for. The most common question we continue to get is whether we accept all insurance for emergency services. The answer remains yes. And in fact, the NSA law that was signed by President Trump before he left office mandates that emergency services are covered by insurance companies at the minimum of their -- in their work rates, regardless of whether the ER or your services are provided by contracted facilities or not. The second question we get are from patients who have high deductible plans and what programs we have to help them deal with patient responsibilities and that, you know, that they are -- anticipate will be assigned to them by insurance plans. My response to this, we have continued -- so for example, in '21 and '22, when we were still trying to get our policies around this, we actually forgave 100 percent of patient deductibles and responsibilities from all the visits from '21 and '22 for ER visits. And this amounts to hundreds of thousands of dollars. Since'23 we have instituted an emergency room access high -deductible hardship Page 11 of 64 TOWN OF FOUNTAIN HILLS Page 12 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES discount, which is applied immediately to patient responsibilities, regardless of the ability to pay. And then, there is always an option for people to pay a hundred percent of their patient responsibility if they wish. So this is where, where it basically supports our goal to make sure that patients are able to access emergency services without having to choose between paying for their rent and paying for healthcare services. So what comes next, tclemedicine, we're hoping to roll out a telemedicinc program by the end of the month. The goal -- initially, it's going to be Monday through Friday during business hours. These arc for acute care issues. It's only going to be for Arizona residents. And the idea is, you know, there are some people that work and they're not able to go see the doctor. Some people want to talk to a doctor for, like, a sore throat or some stuff in between work, and they'll have the ability to do that. Ultimately, we intend to have this service 24 hours, hopefully within six months of initial implementation. We are hoping to have, instead of accepting ambulance services, by late summer to early fall, this will be very important for a lot of our residents that would be prefer to be seen in our community rather than going outside of it. We're finishing up the aims process (ph.) and as this, you know, progresses, well let everyone know how it's going. As other healthcare institutions develop their services, we arc studying to observe -- and we observe the referral patterns of some of these additional facilities, whether they primarily refer within Fountain Hills or outside of Fountain Hills. We're also developing ideas on specific programs we're going to have in phases -- [BACKGROUND NOISE] UNIDENTIFIED SPEAKER: (Indiscernible). EZEUME: It's a sign of good omen. [LAUGHTER] EZEUME: -- phase 2 of our facility. So the general ideas of what we're looking to do in phase 2 includes having inpatient facilities, sub -specialty clinics, general surgery, orthopedic surgery, cardiology services, and stuff like that. So we are still developing this program and as we need help from counsel in bring these services here in town, let you guys know. So the last thing I have is to talk about how the town can help. You know, the most Page 12 of 64 TOWN OF FOUNTAIN HILLS Page 13 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES important thing, which we have been very grateful to the town for, has been to continue to feature our services and the convenience that we offer in the town's outreach programs, to understand that, even are privately owned, really by the physicians that work there, we are still offering a public service that is not unlike, say, like a privately owned ambulance service that responds to 9-1-1. You know, when you have an emergency, it doesn't matter whether it's -- who owns it. You have an emergency, and if you get -- can be seen in an efficient manner and not have to sell your kidney to pay for it, I think that's something that's very helpful for everyone. Continue to use us as experts in healthcare issues in the community. Follow our Facebook and social media posts. You know, people have had a positive experience, we put on there. If you've had a negative experience, call us. We address everything. We appreciate all the positive comments, but we really, as a facility, focus on the negative ones and we try to work through them. Continue to encourage other healthcare facilities to keep their referral within the community, which is not only in the best interest of the patients, because every -- it's always best to get care close to home, it also allows all the other businesses to want to continue to do their best because they know they're going to get those referrals. And I think that creates kind of a rebound effect. We all -- we'll also continue collaborating with local emergency response systems such as our fire department and our first responders to streamline processes and make sure that we arc being as helpful as possible to supporting their effort in the community. So on behalf of all the staff at our ER, 1 would like to thank you all for your continued support and commitment to our facility. It's been a pleasure serving this community. We look forward to continue to do this in a -- provide quality, affordable healthcare close to home. And that's all I have. Thank you. MAYOR DICKEY: Any questions or comments for the doctor? KALIVIANAKIS: Yeah, I got a quick comments. Thank you, Miss Mayor. Thank you so much for serving our community. Really appreciate having that facility here. Last month Amanda and Betsy LaVoie from the Chamber and I went there and -- on our business retention development services, and I did get a chance to tour the facility. And it is — really, it's a top notch, current -- even the lighting in the rooms is -- from the Page 13 of 64 TOWN OF FOUNTAIN HILLS Page 14 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES outdoor lighting, they give people less stress. And so it's well thought out. It's a --just a wonderful facility, and I think we're lucky to have it. When you mentioned telemedicine, are you able to prescribe drugs on that or is that just for consultations? EZEUME: Yes. So if -- so the, yes. If we -- if we're able to make a diagnosis, absolutely, yes. KALIVIANAKIS: Okay. EZEUME: Yes. We'll be able to prescribe medicine. So say somebody is having a sore throat or something and, you know, they could call in, dial in, pick a physician, and they'll get assessed. And if the doctor feels that medication is necessary -- could be a UTI -- whatever acute care situation is, they'll prescribe it. And the person will need to come in. What's actually nice about it, when we roll it out, it will be cash pay only initially. Eventually, within six months, we're hoping to start accepting insurance once we work out all that kink with the insurance companies. But whatever the person, say the person -- it's going to be flat $65. So say somebody pays $65 for a consult and they happen to, within 24 hours -- either not feeling better, the doctor feels like, you know, this is something that need further evaluation, when they come in, that $65 will be deducted from their patient responsibility. So it's -- so you're not paying twice. So that's a way of also making sure that patient (indiscernible). KALIVIANAKIS: Right. Yeah. That's good to know for just the people that are listening in tonight. And I know they just passed the veterinarian telemedicine bill -- EZEUME: Right KALIVIANAKIS: -- this past week. And they -- they can't write prescriptions, however, so they do it -- a significant restriction. It's nice to know that you don't have it. The other thing, and this will be my last question, but just so the people know, I know you said that you take all insurance. Does that include AHCCCS for people -- EZEUME: Yes. KALIVIANAKIS: -- that have less means? EZEUME: Absolutely, yes. KALIVIANAKIS: Okay. EZEUME: We have contracted with AHCCCS. Page 14 of 64 TOWN OF FOUNTAIN HILLS Page 15 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES KALIVIANAKIS: Okay. Thank you. EZEUME: And for emergency services, it's regardless. It has -- you know, insurance has to cover it; that's government rule. FRIEDEL: Thank you, Mayor. So you had 20,000 patient encounters in the last two years. How many doctors do you have down there? EZEUME: So we have -- there's a 24-hour physician available in the ER. So you know, we have seven ER doctors, and four work full-time there. So there's always a doctor in the house, regardless. We only --- whenever you come to our ER, you're guaranteed to see a physician. You're not -- and in our clinic, we operate both, and you know, doctors and nurse practitioners in the clinic. But in our emergency room is all physicians. MAYOR DICKEY: Any other questions? FRIEDEL. Thank you very much. Appreciate that. MAYOR DICKEY: Thank you, sir. I want to thank you also, because what you're doing with the ambulance -- and again, we all hear antidotes about how great they are, and we're really pleased that they're in our community right now. Our next presentation is Ryan and the Mayor's Youth Council. And I think Ijust saw Christopher had to leave. But come on up. PRESTON: All right. Well, thanks for having us, you know. Good evening, everybody, Madam Mayor, Council members. Thanks for having -- giving us the opportunity to present here today. The presentation you're going to see was actually created by the Mayor's Youth Council. So I am going to do you a favor and let them present it. So you're going to be hearing from them. We're going to start with one of our seniors who's graduating, with Anna Williams, who's going to come up and get it started. WILLIAMS: Hi. So first we want to start off by talking about Barn Kazam. So every year we go to do a team building experience, and we decided to go Bam Kazam this year. So we focused on leadership opportunities, trying to give people different ways so that they can show improvement in their leadership and just see who would kind of lead the group for the rest of the year. We also wanted to build our group dynamic. A lot of -- we had a lot of new members this year, so it was really important to kind of introduce them to the way that we kind of discuss things and try and help make them part of our group. Page 15 of 64 TOWN OF FOUNTAIN HILLS Page 16 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES We learned a lot about teamwork, leadership, and communication, especially when trying to solve all the puzzles that are involved in this Barn Kazam. And this also included a lot of problem -solving. MAYOR DICKEY: Thank you. Could you pull the microphone a little closer, please? Thank you. THOMPSON: This was a very fun experience where a team of teenagers came together to present our flag and represent our town and our organization. We also, in addition to this, were able to connect and network with other cities. PRESTON: Yes, Christopher. Christopher had to leave. But the Teen Takeover, it's a big event. It's the second year we've done it. And it's something that is run solely by the Mayor's Youth Council. So they do all the planning. They do everything it takes to get it going and have a really fun event over at the community center. Close the whole place down, open it just for teens for one night. We'd like to thank our event partners during that. We had -- Fountain Hills Coalition was out, Sipps Eatery, Fountain Hills library, Senor Taco, Pisa Pizza, and the Playground Dart -Zone, which 1 spent most of my time in there in the dart war battles. I think we got a few pictures here to show you as well. So this is a few pictures of the night, just showing how awesome and the fun and amazing it was. We had a group from Phoenix Teens come over as well. And I -- we had a bunch of raffle prizes. And they pretty much clean house with a lot of the other top prizes. So a lot of fun, great night. Something to do for the teens in town. As they say with the -- you know, which isn't always the case for them. So something that's all planned and coordinated by the Youth Council. D. WILLIAMS: So Toastmasters was an event specifically for the Mayor's Youth Council, and it's where we learned how to succeed in public speaking. So Kathy H. was the presenter who was telling -- who was teaching us these things. And what she did was she used her own presentation in order to show us how we should -- how we should be giving presentations to people. As it says in the slide, it just made us more creative, more confident with public speaking. And it was -- it was a pretty successful event that we put on. K. WILLIAMS: So throughout the year as well, we have done many community service events. Some highlights of that, it was the Back to School Bash, where we ran the Page 16 of 64 TOWN OF FOUNTAIN HILLS Page 17 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES inflatables; Make a Difference Day, where we went and we cleaned up the high school; Spooky Blast, where we also ran the inflatables; and Noon Year's Eve, where we rent a video game station. O W ERS: To continue on to the community service, we helped -- we ran the Teen Takeover. So we did that. Also, for Irish Fcst, we helped at the inflatables and helped put wrist bands on people coming in. And at the Adopt a Street, we helped pick up trash around the fountain. We worked at the Eggstravaganza. And actually, one of our members, Christopher, he was the Easter Bunny. So he got to, like, hop around. And we helped out at the Earth Day event here. We helped kids with crafts made out of recycled materials. WRIGHT: This year the Mayor's Youth Council has served 296 hours. [APPLAUSE] PRESTON: Perfect, yeah. And so again, thank you for having us here. It's -- I've actually had the pleasure of getting to know these guys over just the past few months, and I'm overseeing this group. And I don't think I have enough time to really go into how incredible this group of -- I was going to call them kids, but this -- how great human beings these guys are. I mean, in addition to everything you've seen, they have, you know, they're in multiple AP classes. They're heavily involved in clubs and sports. And a lot of them even have part-time jobs on top of that. And I'm sure that's why Chris had to run out. There's a lot of commitments that they have. They're doing an amazing job. I mean, they really -- you know, they're dedicated and they really want to make a difference in the town for the youth, and it shows in everything they do -- that we do with that. So thank you, Mayor, for always, you know, promoting this program and the positive impact it's making in the town. So thank you. MAYOR DICKEY: Well, speaking of committed, you are also, and we really appreciate all the work that you've done and just the variety of all of the activities. Does anybody have any questions or comments? As I say all the time, you model this behavior that means so much to this community to see these young folks going out there, putting in all these hours. And also, just top to bottom, doing events like that when you're getting every part of that, and that's been really successful. So wish you the best for the summer and for whatever you have in Page 17 of 64 TOWN OF FOUNTAIN HILLS Page 18 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES store. And we'll see some of you next year. And again, thank you, Ryan, so much. PRESTON: Of course. And you're not going to get out of the photo, so we got to come to -- MAYOR DICKEY: Oh. Thank you so much. [APPLAUSE] MAYOR DICKEY: Amanda's all ready and raring to go for our Economic Development. Thank you, bye. Our update, our third-quarter update. JACOBS: Okay. Evening, Madam Mayor, members of Council, members of the audience. So here tonight for our third-quarter update, which is from January to March of this year. But as always, if somebody is new tuning in, if something is relevant and just happened last month or this month, I will mention it. Before I get started, I did want to thank Councilmember Friedel and Councilmember Kalivianakis for your comments, as an employee, as a Fountain Hills resident, and also as your Economic Development Director. It takes seven second for people to make an impression in our brand. My job is to try to attract new residents, visitors, and businesses. Some of the divisiveness has made it challenging. With that, well go into business attraction. So typically, I'm acknowledging some of our new businesses that wanted to do something a little bit different. I had shared this slide during the Community Economic Development workshop in January, which was by invitation only. But wanted to mention some of this. So again, our residents, our understanding about some of our business attraction, and as we begin to move forward in the fall to see the proposed strategy. So lead generation, that happens through a few processes. So one, it's your economic development staff, which is a mighty team of two. But us actually initiating contact. And so over the past six months we have reached out to national developers. And I'll tell you, sometimes you can get ignored. These developers have responded to us, they thanked us for being proactive, and then acknowledged too that, you know what, Fountain Hills was not on their map. And so if they're doing work in Chandler, Tempe, now we've raised awareness. And so they're open to having some future conversations with us. We have also reached out -- so again, your Economic Development staff -- to some restaurant and retail, a total of six, and again, making some progress, a few of them Page 18 of 64 TOWN OF FOUNTAIN HILLS Page 19 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES acknowledging us. Just so everyone's aware, I can't always divulge the information. This is as much as I can share. And that's just because until it's formal and there's things on the dotted line, we don't want to get people too excited. Or sometimes people can get a little upset and they can impact negotiations. And we don't want that. This benefits our 24,000 residents, not just one or two. Related to the industrial, the four, staff has been able to respond to proposals from the Greater Phoenix Economic Council, GPEC. The Mayor mentioned them previously. And then also, they'll route stuff through the Arizona Commerce Authority, so ACA. There have been other opportunities that, unfortunately, we have not been able to respond to. We've had the square footage, we have the vacancy, but why we were not is we did not have the proper zoning. And so again, so there's no surprises, this is being recorded. We can say today that I said this. Later on, in the fall, we'll be talking about opportunities of rezoning, an overlay district. I understand sometimes those words can be a bit scary. But we'll to that a little bit more in another slide. Our business retention and expansion efforts, again, are going wonderful with our partners at the Fountain Hills Chamber of Commerce. Councilmember Kalivianakis is currently attending those site visits. Just a reminder to Council and then just our folks in the back and those tuning in, what we're doing is we're inviting our policy leaders -- nine out of ten times when we're meeting with business owners, the issues they're addressing I can't tackle by myself Economic development is a team sport. And so having our policy makers hearing firsthand what our business owners are struggling with is helpful. And so we continue to see the three themes. So communication, and really it was about events. 1 may take that off, because I feel like we've tackled that with our spring and fall guide, which was mentioned during our joint session. But our businesses, specifically our restaurants, say we don't care who puts on the events, just let us know, especially when they're very big, because again, you see that there's work force issues. They want to make sure that they staff up and people are having a wonderful experience that maybe our visitors become residents or our visitors come back. And then I've had on the slide, usually downtown, and so now I want to start using the official name. So TAMA, The Avenue Merchant Association. Again, last year, we're Page 19 of 64 TOWN OF FOUNTAIN HILLS Page 20 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES working together for about six months. They formalized, have officers, and then you'll see, they just approved, I believe it was last month, this logo that you'll start seeing around town. And then as Councilmember Friedel mentioned, the first event launched sort of under this umbrella was Paws on the Avenue. All right. Apartment occupancy rate. I want to point out a couple, won't list each one, but first, Gunsight last quarter was over 70 percent. Casa del Logo was over 80 percent. These arc our newer apartments. And as you can see -- I know I sound like a broken record, but again, anyone tuning in, we have a supply and demand issue. If somebody is wanting to rent, is looking at apartments, townhomes, condos, it's becoming a bit of a struggle to find space. Some of these locations just have one availability. And if there's something you need now, it's just not available. And last thing on this slide, you'll see Pillar at Fountain Hills. So several months ago, Keystone Properties, who owned the Havenly, which is across the corner, sold and Pillar at Fountain Hills has taken over. Some of the council members have asked me how is it going, asked about the staff. What is nice is most of the staff has remained. Some of the folks, of course, with Keystone have gone off on their merry way, one person with Cushman and Wakefield, but some of the other employees have been elevated up and promoted. And they're loving their new employer. All right. Vacancy Rate, existing buildings. So the first column -- again, we'll just do a quick reminder. That is from CoStar, one of our leading commercial real estate groups, who's able to track nationally our vacancy rates. You'll remember, probably in the fall, as staff began looking at this, you know, if there was a bit of a red flag, that these were a bit low for Fountain Hills. And so what we've had to do, and continue to do, is we're having to manually go out -- because some of our commercial brokers arc choosing just to place a sign. And if somebody drives by and sees it, that's how they know. And unfortunately, they're not listing it. So again, think of your home. If you're just putting a little for sale sign, is that really going to do it for you? Or do you want to do an MLS listing? So you'll see office continues to climb. We're now at 49.3 percent. Industrial is 18.1. And retail is 20 percent. Again with the office, the explanation with that -- and again, this is not a Fountain Hills issue. As GPEC mentioned, it's a state-wide issue and a national issue. And so, what is the result? It's because of COVID 19, the aftermath. So Page 20 of 64 TOWN OF FOUNTAIN HILLS Page 21 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES again, everyone was forced to go home. Employees tended to like that, to be with their dog. Maybe do a little laundry. And then, too, maybe some of them just didn't have to deal with people. Right? We're not always positive. And so our employees have now sort of taken over and are telling the employers, guess what, we're not coming back. Some of the employers are forcing it or doing a hybrid approach. But this is -- this is again -- it's not just a Fountain Hills issue. And so again, earlier talking about overlay districts, rezoning, we're going to have to be creative. Again, what everyone is telling us is this is the new normal. We're not going back. And we'll have to reimagine together some of these spaces. Again, our economic workshops -- so as I mentioned, in January, we had an invitation only who had over 50 people come to our economic summit. That was designed to make sure we got, you know, some of our business owners there at the table. Again, we mentioned work force issues. They could only dedicate about two and a half hours to me and our facilitator. Again, most of our council members were there, listening in. Then we opened it to the public on April 12th. And so that's that image. I was hoping for a little bit more of a bigger turnout. But again, just hearing that people arc very busy. Councilmember Grzybowski, I think, mentioned it in her last report, you know, that she liked it. So if people wanted to spend five minutes, an hour with us -- and so there was different focus areas. So asking questions about the downtown, the demographics, looking at design guidelines, for instance, work force housing, just sort of, you know, checking the temperature before we start putting together that proposed economic development strategy. And so again, you should be looking at that, perhaps September, October. Prior to that, we're going to take it to -- since it is a strategic plan -- also, again, just to get additional feedback from our SPAC, Strategic Planning Advisory Commission. All right. Let's talk about grants. So we were able to announce earlier in the fiscal year that we were able to secure $230,000 of grant funding through AOT Visit Arizona initiative. So this was started by Governor Ducey with some of the leftover ARPA funds. And so your staff has used about over 160,000. Again, economic development is a team sport. So a big shoutout to Linda Ayers, Bo Larson (ph.), and John Perez. Page 21 of 64 TOWN OF FOUNTAIN HILLS Page 22 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES So you'll see we've been doing billboards across Arizona, specifically more in Maricopa County. We've done broadcast and digital marketing with PBS and NPR. Again, thanks to two of our residents, and one a business owner, we were able to secure, again, a contract, all paid through grant funding, Evolve PR. And they were able, also, to give us, not just their issuing press releases on our behalf, but giving us some live event promos. So you'll see -- Ryan, you just saw him, so he's there with -- I believe this is channel 12. I can't see. Gotta put the glasses on. Bill's saying yes. And then, of course, our band. So again, a teaser to try to get folks out there. And then I have not mentioned this, but what were doing, I have not been able to find any records, being here over a year, a tourism and an event impact study. So we're working on that. 1, of course, have made some of my assessments, being new. But it's nice to have a third party come in because they can also get some of the proprietary information. So our golf courses, who contribute to the tourism industry, don't want to share it. Of course, our hotels and resorts, they're able to look at that to see what an impact tourism is on Fountain Hills. And so when that's ready well be able to share that and happy that we were able to put that in the marketing plan. All right. And then, additionally, between the fall and the spring, there's a section of event sponsorship where we can use a certain portion of that marketing grant to give back to our events. And so we were happy to support our two largest events, so the Fountain Hills Arts and Crafts Fairs, and so an investments of 30,000. And through our AOT Prop 302, were trying to get some new, fresh photography for social media, our website. So that bottom one is one of our newer photos, which I love, very colorful. And so we've been able to share that to you with the Chamber for future marketing. And then, also, of course, our Dark Sky Festival. We were able to invest in the festival 25,000. So last year they had 1,500 participants. This year, there was 2,500. So our marketing is working. They were able to capture a keynote speaker that they've been really wanting to get. And then we also asked them to add other components to make it family friendly to get our families and kiddos there, and that's illustrated in that other photo. And then thanks to originally our Fort McDowell Yavapai Nation Prop 202 grant funding, it came in a little bit below what we were anticipating to cover costs of doing a Page 22 of 64 TOWN OF FOUNTAIN HILLS Page 23 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES redesign. And so we were able to make an amendment to our AOT Prop 302. And so let's see if I can show you fast or if I'm going to have problems. Ta-da. So we had not been able to redesign the website in almost eight years. And so we've redesigned it, trying to make it playful, make the font a little bit bigger, have the themes of play, dine, stay. Again, new photographs. You'll see some callouts. We're having a featured events calendar. And some things we're changing. One of the assessments that we made was it was becoming more of a community calendar. And when people are visiting, we truly wanted to be for our visitors. So we've modified that section. We also have a feed into our lnstagram social media that we can control and monitor, and then a call to action that when folks are posting and sharing to use that hashtag, Experience Fountain Hills. And then just on the bottom here, too, quick access to our visitor's guide, to watch the fountain livestream. And then something new, we're working with Clayson Communications, one of our local businesses. A new trend you're starting to see is some blog posting. So we have that. And then as we were doing this and partnering with the Chamber on the Visit Fountain Hills app, it was sort of a chicken and egg, so we've posted this. And our designer -- it's taking a couple weeks. But we'll have a little button here for the app. So again, pushing folks there. All right. And then our Salt River Pima Maricopa Indian community grant, so you'll see here, Linda Ayers, our very own Linda Ayers, so shout out to Linda, Ryan, Skyler, and the community services department for putting on a spectacular annual Irish Fest. So we had over 6,000 attendees last year. You'll see, it's grown to over 8,000. Again, through our partnership with Evolve, again, another live spot on -- I believe it was channel 3, 5, and again, having our band there to do a little teaser to get more people there. So we can say the marketing, having that money is helping. We threw a lot at it so we can't target, like one specific, but -- and then, of course, our partnerships, I've mentioned all of them previously, but another thank you to them. And then the final slide, our tourism. So again, hotel occupancy remains below 70 percent. AOT is starting to see some of the industry starting to recover. But again, looking at leisure and business, really, we're -- what we're wanting to target is leisure. Again, what we're hearing is some of the business, the large conventions, just because of Page 23 of 64 TOWN OF FOUNTAIN HILLS Page 24 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES the technology, some concerns still over safety, that that might not return fully. Our social media increased by 7 percent. And then, again, the Experience Fountain Hills website, over 24,000 unique visits. And then you'll see the top five cities. And then just want to shout out, too, to my partner in crime, Mr. John Perez, who has helped with this, this rollout, and was a big heavy lift. And so, if you haven't met him, John's in the background, human development specialist. And with that, happy to answer any questions. MAYOR DICKEY: Any questions or comments? KALIVIANAKIS: Yeah. Thank you, Miss Mayor. Thank you very much. Appreciate the presentation. That Dark Sky festival, really good stuff. That was really one of my favorites of the year. As we've talked about tonight, the funding for the International Dark Sky Discovery Center was recently pushed through, and it looks like they'll be breaking ground on that, I'm thinking pretty shortly. This is kind of a softball question for you, but what do you expect the economic impact to be when that opens up? JACOBS: So Madam Mayor, Councilmember Kalivianakis, it may be a little bit longer before it launches. And so I'll have to get back to you with the number. I don't want to give a wrong estimate. And then actually, just yesterday I was talking with the Mayor and Manager Goodwin, and we're looking at in the fall actually having a workshop with our Dark Sky folks. Because again, being new and being humble and asking different questions, there is a true difference with our Dark Sky Association and then the new Dark Sky Discovery. And so starting to talk to see what the town can do to help further -- let folks know that we are an international Dark Sky community. And so I appreciate the question, but I'll get back to you. MAYOR DICKEY: Is the earth cam featured on there anywhere? JACOBS: Ycs. It was that bottom, like the second button. MAYOR DICKEY: Awesome. JACOBS: I just didn't click on it. MAYOR DICKEY: Thank you We so appreciate this so much, and you know, keep up the great work with John and everybody else and Linda, and we appreciate that. We -- we know how great -- we know we're a town like no other, so -- as opposed to people not Page 24 of 64 TOWN OF FOUNTAIN HILLS Page 25 of 64 MAY 16. 2023 TOWN COUNCIL MEETING MINUTES ever hearing about Fountain Hills, we're getting to work on that, too, so. JACOBS: Well, the team is changing that. MAYOR DICKEY: Thank you. JACOBS: Thank you. MAYOR DICKEY: Our next presentation is going to be kind of a status report on our existing capital improvement projects, where they are right now and how they've gone. And I think that's going to be Justin. Or no, arc you starting first, Kevin? SNIPES: I'll start. MAYOR DICKEY: Thank you. SNIPES: All righty. I guess we're ready now. So Mayor and Council, this is a capital projects overview for where we're at so far this year as well as what we have left to do moving forward. So you're going to see where funding has been spent and what's happening moving forward. So you're going to see different highlights on expenditures. The green is going to show that there's a projected savings for the project, but it's still in process. The blue highlights will show that there's still expenditures left this year, and so we're not sure exactly what we're going to have left on those. And then the yellow are the projects that are completed and that were completed under budget as well. This first slide is of the Golden Eagle sports field lighting project. And it's a project that we've been aiming to do for many years. So it is just getting ready to start here in the next three weeks. They will be starting -- it's a two -fiscal -year project, so they'll be starting in June and finishing in July. And we'll be transferred over to Musco's LED sports field lighting, which, as you can see on the picture to the left, how dark it is around the field and how bright it is on the field, which is one of the coolest things about the Musco system. And that one is set at 700,000 for this year, and we are expecting to expend that. The next line is our final year of the Four Peaks Park improvement project, and we're just getting underway with the renovations over there. In two weeks we'll be starting on the playground LED lighting with Musco as well for the two -to -five-year old and the five -to - twelve -year -old playground will both have lights where right now there's limited lights that were left over from the original basketball court that was there, and they're not designed at all to light up a playground. So that will make a huge improvement. Page 25 of 64 TOWN OF FOUNTAIN HILLS Page 26 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES And then the kind of the last of our big improvements over there is the landscaping, and the last thing you want to touch. And that's adding plants and adding granite and irrigation around some of the -- the new ramadas that we put in last fall. And we have a -- we still have 57,000 left on that, and we will be expending some of that, depending on how many projects we're able to finish up this year. The next one is Desert Vista improvements. And we have ramadas on the way. The concrete that you're seeing there is the pad for where the ramada is going to go, which is right next to the playground. So for the first time, we'll actually have a ramada at Desert Vista Park, specifically for the playground. On the right bottom there, that's actually this morning. And that's our town staff doing sod installation in the dog park in a couple different areas where we removed some granite that was getting kicked out into the grass and always has. And so we eliminated the granite and are putting in new turf in there. We've also been working on the grading project in the lower end of the dog park. And that should be finished in the next week to week and a half. This project we have about 49,000 left on, and we will be expending some of that funding by the end of the year. The next project is the Fountain Hills -- the Fountain Park shade pole straightening project for the shade structures that were over the playground That project went really well. Luckily, we didn't have to pull out the poles and redo the footing, which was a concern from the vendor. We were able to get the poles straightened. Even if in this picture it doesn't look straight, they are. But that went very well. And we painted the poles as well to give them a fresh coat of paint. And they came out really nice. That project came in 9,000 under budget. So that'll be going back to the general fund — or the CIP fund. The next is the Fountain Park playground lighting. This project, we were able to work with multiple vendors to find a way where we were able to actually use the shade poles as light poles. We had to get some engineer drawings done. But it was a significant savings as we went from needing 12 poles to light the playground to only needing two new poles. So there's a significant savings that we're projecting, because we haven't done it yet. We're in the — we're in the middle of starting that, probably in the next two weeks as well. And we're projecting right now to be about $100,000 under budget. So that'll be Page 26 of 64 TOWN OF FOUNTAIN HILLS Page 27 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES good, too. The next project was the skate park renovation/expansion project. This projcct's been getting a lot of attraction from our local skaters and bikers and phone calls on a daily basis as well as some sneaking in and some sneaking out. So -- but they're really enjoying it and -- and they're definitely excited about it. We have a big grand opening planned for the 24th of June. So we're going to do an evening opening because it'll be warmer. And we're getting a lot of sponsorships and a lot of people that want to be involved in it because they've seen what's there. We were able to come in just a little under budget on this one. But that was kind of the plan as we knew where we were going to be at and we were able to stay within those guidelines. We still have a little bit more work to do over there, including adding the lights of the surrounding area and the landscaping, which we're working on now. And then we'll be done with this project. The Golden Eagle shade structures, this is a project that has worked on so many different levels. And we were able to come in 25,000 under budget. The walkers over there absolutely love them. They're hanging out under the shade and sitting on the bleachers during their walks. And they've been very thankful about it. All day long we hear tons of positive comments on them, as well as when we've had our tournaments and little league and everything else out there. Just having a spot for the parents to sit in the shade makes a huge difference for how that facility is perceived. Rachael may know a little bit about facilities without shade. The next is our park sidewalk improvement. Right now we have about 10,000 left on that. And depending -- we're in the process of doing several projects right now that may require a little bit of that. But there might be a little bit left on this one at the end of the year. We've been able to do the entire sidewalk from Panorama down to the Amphitheater, the sidewalk up by Plaza Fountain side where the trees have been lifting. They lifted a couple of our panels as well, so we took care of those. Golden Eagle, we had to reroute a couple of sidewalks along with the shade structures and improve access points as well as redo some sections of our handicap ramp. So this funding has gone very far in making a lot of changes in our parks. So it's been a good one. The next one is not a CIP project, but I know that it was a big topic, so I wanted to bring it up. This is the storage unit for the Community Center. And through working out and Page 27 of 64 TOWN OF FOUNTAIN HILLS Page 28 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES working on some Tetris-type stacking and maneuvering, we were able repurpose one of our old -- well, two of our old and buy only one new storage container, getting some shelving and hooks and things to make the storage areas as useful as possible. And we were able to come in 14,000 under budget on that. So that was a good testament to staff making things work as efficiently as possible. And for the next slide, I'm going to ask Mike Cicearone to come up and talk to us since he's the one that's been in charge. Enjoy. CICCARONE: So this also isn't a CIP project, but it was a budget supplement in the amount of $80,000. And it's basically to complete the Community Center classrooms, complete them with AV upgrades. So displays could be anything from wall -mounted TVs to projectors and screens, basically moving from those carts -- the TV carts to wall - mounted TVs, which look much nicer. It was a $80,000 project that was based on proposals that we had received. Staff was asked if we could cut that cost any way. And basically, we're going to do the install in-house. So we purchased the equipment, and then, within the next couple of weeks, we're going to do the install. So with that, we're going to save about $42,000. WELDY: Madam Mayor, Councilmembers, a lot of big numbers. I think it's important to note that on behalf of the mayor and council, the Town Manager, Kevin and I are the stewards of these big numbers that you see. And we do what we do along with a lot of people that are in this audience but primarily in this building and others that belong to the town to insure that the money that is allotted and awarded for these projects is spent to the best of our ability. And I'd like to take a minute to point out that the contracts that we bring to you, and often time, you'll hear us mention cooperative use or that other municipal governments, state, county, went out to bid for these types of services. Some of the stuff that you just saw that Kevin presented is a benefit of that, where our estimates often times are a little bit challenging. And clearly he has done his due diligence and responsibility and demonstrated that we can save money whenever possible, and we do. With that, we're going to get into a few more here with some big numbers in them. This first project is a multiyear that's been going on for several years. Last year, this funding was used to address some drainage issues front in the Community Center. This year, it has two smaller projects that we are addressing. The last project that will use up Page 28 of 64 TOWN OF FOUNTAIN HILLS Page 19 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES the remainder of the funding that's encumbered here, which is the $45,000, is to make some corrections at the intersection of Kings Tree and Saguaro if possible before the end of the fiscal year. You'll note that there's an additional $4,000 in the fund balance for this. The money, when I reference fund balance and/or Kevin references saving, that money stays in the capital fund. It doesn't go anywhere else at the end of the year. This one right here is a multiyear long-range program for major improvements. A little bit of clarification on this. Last year we asked for $ I 1/2 million on this, anticipating that we would be going to bid. As a result of some requirements for the Arizona Department of Water Resources and the Maricopa County Flood Control District to review our plans for the improvements, which are at 100 percent, that review process could be anywhere up to 18 months. So we have taken, under the direction of the Town Manager, $1 million out of this and moved it into the street fund. Grady Miller had discussed that with you prior to his retirement. The other $400,000 that you'll show -- that is shown as being removed from this was moved to other capital projects primarily, and here it goes, where I missed my estimate and the bids came in higher than we had imagined. But as you will see here, at the end of this, we arc at about $46,000 for this year. And the outstanding balance is just under 54,000 that will remain in the capital budget. This one right here, the project is technically completed; however, the final invoicing has not been paid and the retention not paid. The intent is to bring it in on or under budget. There's some negotiations between myself and the contractor right now on some relatively expensive pump parts that we're working through. This one right here is the town -wide drainage improvement. As a little back history on this, we started focusing on the pre -incorporation drainage structures to avoid another catastrophic failure similar to the one that we had on Panorama just a few short years ago. This one right here is not started. This was a placeholder with a multiyear horizon. The intent for this placed holder was that, as the flood control district worked to finish the drainage master planning for the entire Fountain Hills area, that we would already have funding available to possibly address some of those projects as they came out of the master plan. Unfortunately, due to staffing shortages and other challenges that the flood control district was facing, the project was put on hold for approximately one year. Staff Page 29 of 64 TOWN OF FOUNTAIN HILLS Page 30 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES was encouraged to reach out to the flood control district by the town manager and engage them and their selected vendor and determine if there was some way we could provide support or if they could provide guidance to allow us to move forward with this drainage study because it's very important. And as a result of those activities, the town engineer and myself, under the direction of the town manager, met with the flood control district. And they decided to take a new look at their project processes and have asked the Town of Fountain Hills if we would be willing to work with them on these studies, moving forward, for not only the Town of Fountain Hills but other locations within Maricopa County, and design a boilerplate that streamlined, that most importantly allows for more seating at the table for the stakeholder. That's you folks on behalf of residents, the town manager, myself, and the town engineers, in this case, both of them, working through that process. Historically, we were not completely shut out of that, but we didn't have as much control over the process. We are delighted that this process is going to move forward. We have a seat at the table. And it's still being paid for by the flood control district. There is a long-term benefit to this manual, whenever we receive it. This project right here was approved later, after the original budget. This was one with a considerable amount of discussion, related to flooding and damage to homes along Grande. They literally got started this week. We anticipate that will be within the budget, slightly under, and will be completed by June 30th. This one and the next project was identified as a high priority by the Mayor and council at the time it was approved to minimize the flooding to properties. This is the second one which is one Deuce Court. This one is not quite ready to go. But the contractors should be starting on this within the next couple of weeks. This is another project that will be finished by June 30th and will be at or below the projected budget. This is another multiyear project right here. We initially put 270 -- or $275,00 in the budget as a placeholder. We currently have about 117,000 of that encumbered as we look at design. And the next phase, and we had met with the Mayor and the town manager related to this, is taking care of some issues on the front of the building behind he enclosure wall there. We anticipate that we're going to be able to at least address the majority of that with the encumbered money. So our projected savings by the end of this Page 30 of 64 TOWN OF FOUNTAIN HILLS Page 31 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES fiscal year is approximately 160,000. This is an ongoing, multiyear project where we install cameras at the town's parks and buildings. This year, due to supply line issues, we've spent $32,000, and there's S42,000 remaining. If we can secure additional cameras and have them in our possession but not installed, we will spend some of that $42,000 undetermined as of tonight. This one right here is the Shae widening project. And this primarily focuses on the south side between Palisades and Fountain Hills Boulevard. This is a grant project where 93 percent of the total cost is paid. And the majority of the funding that you'll see up here is actually reimbursable. So 93 percent of this will be reimbursed. So again, the placeholder was 200 and --just under $238,000. We've spent $74,000. We anticipate about 163 by the close of this fiscal year in savings. A real popular one here. This one right here is currently at 95 percent for design. The design will be completed, and we will begin the manufacturing for this by the end of this year and then complete the manufacturing. As of tonight's meeting, we still have about S203,000 in that budget. There will be a small portion of that spent for manufacturing some of the signs that will be installed next year. Successful multiyear project here. Of the $300,000, we've spent 297,000 of it on construction and design. There's an unspent fund balance of 2,000 on this one that will remain. This project right here was the intersection of Saguaro and La Montana. After the intersection analysis is completed, a direction -- under direction from the town manager and the pedestrian and traffic safety committee, this project was canceled. No further action at this time. That $150,000 remains in the budget. This is the Palisades and La Montana intersection. So this is another analysis. Little bit of delay on this. We currently have a contract in review to begin that analysis. But this will be a — most likely a one- or two-year process. We're likely to get that underway in the beginning of June and have it leased, the 30 percent roll plot, by the time we close out that year, and bring that roll plot and some of the analysis back to the Mayor and council when they return in late summer. Here arc those big numbers. As you can see, the community services, capital projects budget was $2 1/2 million. Their expected savings of that is just under $200,000. The Page 31 of 64 TOWN OF FOUNTAIN HILLS Page 32 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES public works is 3 million, just about 3.5. And we anticipate that well have just under $ I million when we complete all of the work this year. With that said, if you have any questions, I'll do my best to answer them. GRZYBOWSKC Just real quick, I wanted to thank you guys for putting this slide presentation together in such a manner that we actually see how much you didn't spend of what we gave you to spend. That's one of the things that I feel like has been missing is, we give you $50,000 or $250,000, and I know you guys have been really great about it, and maybe mention in passing that we saved this much money. But it's great to see it in writing. It's great for our visitors and the thousands of TV viewers at home so that we can all see how much you -- how hard you arc working to save us money. Thank you. FRIEDEL. Thanks, Mayor. Justin and Kevin, great job on this. I think this is long overdue. It really gives us an idea of where the money is being saved, where it's being spent, and what we can do with the remainder of it. Thank you. WELDY: Madam Mayor, if I may. MAYOR DICKEY: Yes. WELDY: In regards to pointing out on the slides, that goes to the town manager for making that recommendation. When I submitted my PowerPoint to her for review, it was not there. And she explained that it needed to be there for this very reason. FRIEDEL• Thank you, Rachael. [LAUGHTER] KALIVIANAKIS: Thank you, Miss Mayor. Thank you, Rachael. Thank you, Justin, Mike, and Kevin. I just wanted -- just concur with my colleagues. To update and inform us of what you've been doing -- we can see pictures of it; we can see the savings that the staff is providing with us. As illuminating -- I know this took a lot of work to put this presentation together, but I just want the staff to know it was time well spent because I think all of us here arc very glad to see that -- this kind of a look back and see what you guys have done, so I really appreciate that. And as far as the flood mitigation, I did meet with a colleague this -- our colleague and constituent this weekend, and when I reported his drainage situation to you, I really appreciate the fact that you immediately looked it up on the map and you were so proactive to try to address that. You know, what's going to happen in the future, I don't Page 32 of 64 TOWN OF FOUNTAIN HILLS Page 33 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES expect you to update us tonight, but I just appreciate the -- the staff, the commitment to getting things done and to not letting moss grow over these projects but moving forward in an expedited fashion. And so for that, thank you. WELDY: You're welcome. Thank you for the nice compliments from all. MAYOR DICKEY: Well, now -- no, but -- no. I want to thank you, too. It's all very good to see this. I know any of these kinds of things are always such a -- so labor intensive, but then it really gives you an accounting for what you've been doing. We really appreciate that so much. Mike, wherever you are. Thank you. WELDY• You're welcome. MAYOR DICKEY: Yes, ma'am. GOODWIN: Thank you. Ijust wanted to thank the staff for putting the work in as well. We did want to make sure. I -- as a -- sort of a capstone on this discussion, there have been a lot of questions about the CIP and what happens when there's overages or when there's savings and where does that go. And what I'd like to point out is staff takes it very personal. They treat it like it's their own money, you know. They want to make sure that it does what it's supposed to do, it gets the job done and then some. They take a lot of pride in their -- in their projects. They take a lot of pride in completing them on time, under budget. They -- again, they make it personal. And that's why we see such stellar results. So I wanted to thank everybody for what they do. And hopefully that shares a little bit. They're not great about tooting their own horns. Sometimes it's all in a day's work, and that's just what we do. But this is a good opportunity to share that. And we'll continue to do these types of updates moving forward. FRIEDEL: I can't agree more. And $1.2 million is nothing to just kick down the road. I mean, that's a lot of money. And it's good that we have that information. So again, thank you. MAYOR DICKEY: Very good. Our next item is Call to the Public. Do we have speaker cards, Linda? MENDENHALL: Yes, we do. MAYOR DICKEY: Thank you. MENDENHALL: First is Dina Galassini. GALASSINI: Good evening. I'm Dina Galassini, 20-year resident. I wasn't going to Page 33 of 64 TOWN OF FOUNTAIN HILLS Page 34 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES come out tonight, but I decided to address everybody regarding the 5G moratorium last -- May 2nd meeting. I wanted to address a council member who was, I feel, inadequate regarding their research regarding microwave radiation. I believe the professor that was cherry -picked by this council member is a profession of the University of Pennsylvania in which the Gates Foundation has selected to monitor each classroom, videotape it, score the professors -- or the lesson, and then guide them on how to instruct better courses. The Gates Foundation selects universities that support their initiatives. It's a sad day. Think of you, each of getting scored by your job, then guided in a way that puts residents in harm's way. This professor knows darn well about microwave radiation. He's written books that go back with the history of microwave radiation, all the way to the highest technology. He pathetically criticizes one of the most credible reports that was authored by hundreds of honest scientists and professionals. He criticized the bio-initiative report. One professor puts down hundreds of credible scientists. It's pathetic. If you would have done your research a little further, I would have been more impressed. But it's very sad that this was -- these -- this microwave radiation was downplayed as our public safety and -- is at risk. I'll tell you, Council Brenda K., Friedel, and Toth, stand strong with your beliefs. We need protection. If you hire -- you hired the attorney to protect the town government. We -- if you -- you -- if you retain him, you can certainly retain an attorney to protect town residents from this microwave radiation poisoning. When you said that this professor said that these microwaves aren't -- are not as strong, you know, they're just as strong as any other antennae, but when you go and you put them a block -- a block from each other, just think of that and see how you feel after those are installed. Thank you. MENDENHALL: Next we have Richard Rutkowski -- Rutkowski, sorry. RUTKOWSKI: Rich Rutkowski, I've been a resident of Fountain Hills since 2001. Good evening, Mayor and council members. My comments tonight relate to the 5G small cell -- 5G small cell towers. Several residents have expressed concerns about the health consequences of having these towers installed close to their homes. And part of that discussion at the last meeting suggests that the 5G exposure has not been proven to cause adverse effects on health. So I want to focus specifically on that aspect of this issue. Page 34 of 64 TOWN OF FOUNTAIN HILLS Page 35 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES As most of you know, I'm a physician since 1983. I know I don't look that old, thanks. Once of my positions is an assistant professor of family, community, and preventive medicine at a local medical school. And I emphasize the preventive. That is, preventing illness and preserving health. The current practice of medicine ideally follows scientific evidence. And for many conditions, we have the evidence. We know what works and what doesn't. But we don't know everything. And most importantly, I have personally experienced multiple examples during my career of things which were considered safe or safe and effective until they were later proven not safe and maybe even not effective. A few examples of things that were FDA approved, that is safe and effective, agents which were subsequently pulled from the market because of problems discovered after approval and use -- there's a list of them. Resolin, which is a drug for diabetes causing liver failure. Zomax, an anti-inflammatory drug causing life -threatening allergic reactions. The original measles vaccine, which caused an increased risk of atypical measles. Hismanal, an antihistamine causing serious heart arrhythmias. Vioxx, another anti-inflammatory drug, causing strokes and heart attacks. Rotashield, the first rotavirius vaccine for infants causing intussusception, which is a serious intestinal blockage. Merida, a weight loss agent causing increased cardiovascular and stroke risk. Fen-phen, another weight loss agent causing heart fail problems. Omniflox, an antibiotic causing kidney failure, hemolytic anemia, and respiratory distress. And the safe and effective COVID shots, currently expanding scientific data casts serious doubt about the safe and effective claim. And there are more. Overall, several hundred drugs and vaccines and other agents have been pulled from the market because of serious, adverse health effects found after approval and use. The point is that often what we think we know turns out to be wrong. So can we rely on the safety of close exposure to 56 radiation? Isn't it wise to take reasonable precautions? I think that the moratorium passed at the last meeting, despite the legal questions about it, was a good first step. I encourage a carefully worded ordinance to be a wise and rational next step in the process. Thank you. MENDENHALL: Next we have Matthew Corrigan. Page 35 of 64 TOWN OF FOUNTAIN HILLS Page 36 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES CORRIGAN: Madam Mayor, Councilmembers, Matthew Corrigan, homeowner, Fountain Hills. I would like to address two topics this evening, 5G in Fountain Hills and zoning in Fountain Hills. In regard to 5G ordinances, I am one of the hundreds of 5G petition signers and would hope that the Mayor, council, and staff have also read the petition. I encourage the council to retain Andrew Campanelli and void the existing contract with Jonathan Kramer. In regard to zoning, all communities under state law require an updating of the general plan every ten years. And the former city council approved it in 2020 as a general plan. Voters must ratify the plan. I am concerned that the ordinances be enforced and that variances and rezoning should be the exception and never the rule. An interpretation that goes outside the strict provisions of the zoning ordinances should be a red flag to any homeowner. At the May 2nd council meeting, a last -hour item, known as the Mountainside Project, was pulled from the agenda, apparently at the request of the builder/developer. And concerned neighbors were prepared to oppose the project. Secondly, later tonight, there will be a request to amend Resolution Number 2414-08 by adding 14 additional lots to an already 2014 approved project known as Eagles Nest Parcel 2. The Realtor/developer had 26 lots approved but now wants 40, so 60 percent more lots in the same parcel of land. The already developed parcel adjacent to this is parcel I, which has 21 lots. I wonder how many of those homeowners in parcel I know that the same size parcel adjacent to them will have 40 lots. How many of these homeowners are snowbirds and are now back at their home in -- summer home? Of those additional added lots, the developer has added four flag lots among the new additions. This seems inconsistent with the neighboring parcel I of roughly the same size. Although I don't live in either of these areas, I'm concerned about this seeming trend in zoning. Combine this with recent attempts to allow substance rehab counseling facilities in a commercial area zoned for dental and medical offices. Maybe it's just a coincidence, but I don't believe in coincidences. I was a homeowner living in — if I was a homeowner living in either Mountainside area or Eagles Nest adjacent to Parcel 1 area, or adjacent to Parcel 3, or adjacent to Parcel 11, I would be very concerned. Many homeowners have their major investment in these Page 36 of 64 TOWN OF FOUNTAIN HILLS Page 37 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES homes. And I don't want to see that investment drop in value and depreciate. MENDENHALL: Next we have Barry Walbarsky. WOLBORSKY: Mayor and counsel, I'm going to speak on something completely different. So there was -- I would noticed at the last counseling meeting that there was $34,000 left in the budget to complete the study for the Eagle Ridge drive traffic signal. Already S90,000 has been spent on that on a project that we're not going to do. And this extra 34,000 is to complete a project that we're not going to do. I understand that the company has told us that this -- this study would last for several years and wouldn't become outdated. I would like to know if the Federal Reserve Board can't predict what -- what inflation is going to do next month, how does this company know what inflation is going to do in three to five years? I suggest that this study will be valueless by the time you'll want to use it. But there's another concern that I have. And I think it's more important. If you think about that intersection there -- and if you're heading south on Palisades, there's a big curve before that intersection, which means the people couldn't see the stoplight in advance. So a signal would have to be put out a couple of hundred feet before to let people know that there was a stoplight and it was red so they could stop for it. Once that signal is put up, people will know when it's not red. And we all know that people kind of move along that area pretty quickly. And you can't see the intersection when you're coming from the north to the south. If somebody's making a right turn and somebody's coming down that street at 45 to 50 mile an hour, the accident is going to be horrendous. There's going to be serious injuries. There's going to be fatalities. By putting up a stoplight, you're not making it safer because the stop sign now, everyone knows they have to stop there. So when cars come out to make turns, you're already stopped; you're not going 50 miles an hour. I think you really need to rethink this. MENDENHALL: Next we have Larry Myers. MYERS: Mayor, Counsel, resident 41 years. First I want to thank you for passing the moratorium last meeting. I am absolutely certain, after listening to all of you, you know very little about the subject of 5G small cell and data transmission. I can tell that because I know some people think that you get better cell service form it. And it has nothing to do with your telephone. Page 37 of 64 TOWN OF FOUNTAIN HILLS Page 38 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES So with that in mind, I know you have a workshop. I would encourage you to take the residents who have done considerable amount of research, that know way more than anybody sitting on the dais -- I would study their research. I would fact check their research. And I would listen to more than one party, specifically a guy that I did a lot of research on, and that was the attorney we hired, who is, in my estimation, what I would call a tower pimp. He writes licenses. He creates revenue for town. I think that's how this got started, because the town needs revenue. Sell license, get revenue. I'm going to stay away from the medical portion of this. We've already heard enough about that. And I will tell you that I've been around microwave radiation my entire lift in the television industry. So maybe that's what's wrong with me. But I will tell you the one thing that is obvious and cannot be disputed is that there are no above -ground utilities in Fountain Hills. The master planner saw to that way back in 1968. So putting up a bunch of towers, poles, around town is absolutely the opposite of what was intended for this community. We talk about our views. We talk about the beauty. We talk about all this stuff. And then we're contemplating this. Don't think so. I think you can just contemplate sticking fiber underground where the electrical is, where the cable is, and where all the other utilities arc, as they were intended, and then you won't have to worry about the microwave radiation that some folks are worried about. You'll have the unintended consequences of saving them while protecting the beauty of Fountain Hills as it was intended. Thanks a lot. MENDENHALL: Next we have Lori Troller. TROLLER: Good evening, Mayor, council, Rachael, Aaron. Lori Troller, 27-year resident. Not prepared for this one, but here we go. I need to clarify. 5G services are broken in -- down into five type -- sorry, two types of services; that's cellular and ultrawide products, cellular being everything on your phone. Cellular is what's in town. It's on the macro towers. The ultrawide products would be what we're talking about bringing in on -- we don't have it yet, and it would be the small cell stuff. So Aaron -- when Aaron says, you know, we have the federal and the state regulations and everything, that pertains to the cellular side. None of us here arc even talking about that. That's not the products we're talking about. We're talking about the -- the ultrawide Page 38 of 64 TOWN OF FOUNTAIN HILLS Page 39 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES stuff. Now, the ultrawide stuff isn't regulated by federal or state. We get to do that. It's just like garbage services. We can say, hey, we want one service, we want it on what date. We can regulate that all we want. So there is a court case, a recent court case, that actually calls that distinction out. And we can rely on that to define those two products. And the moratorium even says, we're not talking about the phone piece. Totally excludes it. Moratorium doesn't even touch that. We're talking about the data stuff. We don't have in town yet. We want to write a moratorium on. So what does this mean to us? It's just like what Larry said. Rolling hills, open space -- we have property; our property values are based on our views and stuff like that. We get to protect that. Telcom can't come in and say, hey we just want to put a tower over there. Can't do that. We can say, put it under ground. That's all were asking for. We're not trying to stop this. We're not -- we're not what's -- Aaron, what's the word -- it's prohibit. We're not prohibiting it. We just want to bring it in underground; that's it. Now, one under thing if I have a moment. I don't speak to health. Try and stay away from that. Everybody's going to be in the garage talking about that for the rest of their life. There's still people smoking. No -- if any of you, I'm sorry, but -- the FCC, there was a -- recently there was a case where the FCC was told, how'd you come up with your guidelines? And so what did they test? They test little rats for a little while'? No. They tested a 220-pound man, not a child, not a woman, not a pregnant woman, not an elderly -- 220-pound man. How do you guys measure up to 220 pounds? Guess what? Man wasn't a man. It was plastic. All these guidelines we have when we say, oh, that antenna, that router right there is okay -- it was tested on plastic before it melted. So when you bring up anything about safety, you can have all the studies, all the schools, anything you want. What it comes down to is what did the FCC say? And the FCC says, didn't melt the plastic. So before you want to stick these things in people's yards and put a license on that and be responsible for it, that's what we're testing, plastic. Thanks. MENDENHALL: Next we have Rick Watts. WATTS: This is going to sound like a broken record. Rick Watts, 30-plus-years resident, Fountain Hills. Mayor, Council, staff, so over the last several weeks, I've had Page 39 of 64 TOWN OF FOUNTAIN HILLS Page 40 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES the opportunity to listen to numerous town residents expressing their concerns, as you have, regarding 5G towers, supplemental small cell towers, and concerns about potential ramifications to health, property values, et cetera. My own curiosity drove me to spend an inordinate amount of hours researching through the FCC, FDA, CDC, EPA, every acronym for something -- other government agency that I could think of, as well as the telecom associations, independent industry experts, popular mechanics, and a plethora of other organizations. So what I found was that there are both pros and cons to the side of this debate. So this is slightly different. Understanding the clarification regarding the various types of towers being proposed for installation, understanding various methods of transmission, understanding the impact on signal strength type, distance, penetration, et cet -- all the technicalities that go along with this issue, research on health and property values. So each issue has supporters and opponents. And I admit it's extremely technical in nature, very difficult to understand. And I think I've got a relatively strong background in electronics, electrical engineers, that type of stuff So as I researched the -- I also researched the outside attorney recommended by the town attorney in conjunction with the town counsel and find that the consultant's background appears to be geared more towards helping the town develop regulations that are tepid to produce accommodative ordinances that would allow for the installation of said towers and right of ways. The firm, and more specifically Jonathan Kramer, may well be -- may be very well versed from the technical side. And I give him a lot of credit for the work that he has done with other municipalities, other towns, but the problem that I see is that regulations were not necessarily to protect the voiced interested of the residents. And 1 think that's the slight differentiation that I'm talking about here, is that the focus should be listening to the town residents. So when I hear all of the town residents express their deep desire and more objective understanding in order to properly protect and regulate, I don't know that we're giving it enough credit at this point. What I would suggest and urge the council to direct the town attorney to terminate the agreement with Telcom law firm and engage a consultant expert who is more closely aligned with the expressed desires of the residents and has prior Page 40 of 64 TOWN OF FOUNTAIN HILLS Page 41 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES demonstratable and successful experience producing an ordinance that first and foremost listens to the residents' petitions and not a consultant that may have leanings towards satisfying the telecom industry. It's pretty straightforward. If their strength in the telecom law firm -- they're experts in it. But which way do they lean? Are they leaning towards us? Are they leaning towards government? Are they leaning towards the telecom industry? And I think that's the wild card. So I would ask you to strongly consider finding somebody that more closely aligns with town residents. Thank you. MENDENHALL. We have no more public comment cards. MAYOR DICKEY: Thank you. Thank you all. We appreciate your comments and take-- we had a talk about it earlier. So more to come. Our next item is our consent agenda. And if every -- if you don't want anything removed, could I get a motion, please? MCMAHON: Motion to approve consent agenda. KALIVIANAKIS: I second. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL. Councilmember Toth. TOTH: Aye. MENDENHALL: Councilmember Grzybowski. GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel. FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Aye. MENDENHALL Councilmember Skillicorn. SKILLICORN: Yes. MENDENHALL: Vice mayor McMahon. MCMAHON: Aye. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Aye. Thank you. I'm going to open a public hearing on this next item. John is here to talk Page 41 of 64 TOWN OF FOUNTAIN HILLS Page 42 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES about a site plan review changes in our ordinance. And so we'll hear form John, and then we'll take any speaker cards, and then we'll discuss. Thanks. WESLEY: Thank you, Mayor, Council. Good to see you this evening. Hopefully this won't take too long. You've had a little bit of an introduction to this before. The Chapter 2 of our Zoning Ordinance deals with the different processes involved in the applications we received, resulting in special use permits, temporary permits, and so forth. One of those sections deals with site plan review, and that's the one we have here for your consideration this evening. Been going through the entire chapter, section by section, and looking at those sections for updates to make them more consistent with each other to take care of some issues that have evolved over time and bring them to you for your review. The Council did look at and approve modification to Section 2.02 for special use permits back in September. So with this Section 2.04, which again, deals with our site plan review process, I think you can sec the outline of the existing ordinance on the left and the proposed ordinance on the right, very similar. Slightly organized, again, to develop some consistency with the other sections of this chapter. Again, going through it briefly, some of the changes that are in here, a lot of it is -- is just reorganization. But there arc some things that are added, mostly for clarification. In Section A with the applicability and purpose, under the purpose section, to include a reference to Chapter 19 of the Zoning Code. This is a design guidelines section. When you read that section, it tells you that under certain requirements you had to process a site plan, but the site plan, it doesn't tell you to look at Chapter 19. So this makes that connection between the two so people can understand where they're at, that connection. Clarifying the requirement for site plan review prior to submitting for plan review. And highlighting the benefit of the review for compliance with the zoning. And also amended to include a requirement with regard to redevelopment expansion of existing site, which ties with one of the main reasons for updating this section, because currently our code doesn't give us any direction on how to handle site plan amendments once we approved one. So that will be an addition we'll talk about in a moment. The application, Section B. A few minor changes in there, one of which is to bring it up to date with current practice. The code still talks about paper submissions and how many Page 42 of 64 TOWN OF FOUNTAIN HILLS Page 43 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES paper copies we need to have. We don't do paper copies anymore, so this clarifies that. And then several places in this section, we again add references to other parts of the code. So a person looking to provide the information knows where to look in the ordinance to find exactly what we're after. Review and approval, this section was modified a little bit to fit the same format that we put into the special use permit format and we'll use also in the other sections to keep consistency in the review and approval process. This one is a little bit different because it is administratively approved, so it doesn't have some of the pieces about coming to counsel and so forth. Sections D and E in the current ordinance deal with appeal and expiration. Those were unchanged. Section F is a new section dealing with amended to site plans and provides some definition of what would be a minor and a major amendment. The main difference that happens there, if it's a minor amendment, let's looks at -- we're proposing to -- they would pay half the fee, and so the full fee if it's a major amendment, it's really like looking at a new site plan, so it's a full fee for that. And then Section G is the final section of the revised ordinance. This deals with how we treat site plans in conjunction with special use permits and temporary use permits. The current ordinance has been a little bit confusing. When you look at the -- the special use permit piece and the site plan piece, they were kind of circular in which one was supposed to come first. So been trying to clarify that with this update. And specifically allowing for conceptual or preliminary site plans to be processed with the special use permit or the temporary use permit and allow them to wait for the full site plan review. Once they've gotten that approval and they know with some assurance they can move forward, avoiding the cost of a full site plan development. However if they want to submit the full site plan upfront, they can. It also clarifies that if it's -- if both are involved, they have to do the special use permit first, or as part of the site plan. We're not going to do the site plan first and then the SUP, because that has created problems in the past. And so with that, staff and the Planning and Zoning Commission recommend approval. MAYOR DICKEY: Thank you, John. Do we have any speaker cards on this item? Page 43 of 64 TOWN OF FOUNTAIN HILLS Page 44 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Questions for John from Council? Anybody? Councilwoman. KALIV IANAKIS: Thank you, Miss Mayor. Yeah, just a couple of things fd like to address And I like the administrative changes that you made. I think it's more friendly. It's more easy to read. And it tightened it up quite a bit. It seems to me that the minor amendments, instead of paying one half the fee -- it seems like that's a little high. I would recommend maybe a quarter of the fee. I think that would be fair to our business owners. I mean, if it's just changing something so slightly, it just seems like kind of a hard hammer. So that's what I'd recommend. And then you go into substantive changes in Section 15 and 17, where it calls for a -- now, this is for the site plan, not for the licensing and what comes later. Do you want to include a photometric plan showing a footcandles and the lighting and all parking areas? Photometric plans don't grow on trees. They're kind of expensive. And it seems to me this is not a business -friendly proposition. And also, with the parking lot landscaping requirements, I think that anybody that wants to build, it is going to build the landscaping in later. And also with the photometric plan, will add that later. I think both of these just seem a little business unfriendly to me for this early stage of development. So you know, what I would -- what I would recommend is just to amend this to have the minor amendments to a quarter fee and then to basically, just -- at this point, just eliminate the substantive changes from 15 and 17 and just basically strike out the new redline provisions that you added. MAYOR DICKEY: Vice mayor. MCMAHON: I have a question. On that landscaping, when -- did you have -- are you including that because of what happened with the hospital in the process of the plans and the questions with the landscaping afterward? Is that one of the reasonings that you have behind that? WESLEY: Mayor, Vice Mayor, not specifically. Just experience with looking at these. So I don't necessarily have a concern with what Councilmember Kalivianakis is suggested with removing those particular pieces. But we talk about the parking lot landscape requirements in Chapter 7. It's not just the plant material. It's the location of Page 44 of 64 TOWN OF FOUNTAIN HILLS Page 45 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES the areas that are required and some of the calculations that are involved with having sufficient amount of area that if they wait for the building permit to do that, then they may find that they missed something and have to go back and correct. So again, I could go either way on that particular one. And similarly with the suggestion with the photometrics, there's a specific ordinance requirement, medium five-foot candles. The sooner they look at it, the sooner they'll know they have it addressed. But if we want to wait for the building permit to do that, yeah, that's not going to be a big issue. They're still going to have to meet the requirement. MCMAHON: So you want -- you want to keep the landscaping one and change it to five-foot candle -- which ones that? I'm sorry. WESLEY: That was Romanette xvii. MCMAHON: Okay. WESLEY: Yes. KALIVIANAKIS: Well, could we just say, instead of the photometric plan, just in compliance with Dark Sky code? WESLEY: Well, the foot candles is actually in Chapter 7 of the Zoning Ordinance without the Chapter 8, but they're two separate provisions. And Council again -- Mayor, Councilmember Kalivianakis, we'll point out, too, that Romanette vi in that list, what we're looking for in terms of at this point landscaping is a graphic representation of landscape treatment. It's not a detailed landscape plan. That would come later with the -- with the building permit. KALIVIANAKIS: So is that code kind of cheap? WESLEY: It's a start. It's not necessarily the full blown plan but just giving us an idea. KALIVIANAKIS: Okay. MAYOR DICKEY: I have a question about the, you know, landscaping and -- well, first of all, this was approved by Planning and Zoning as is. Was any of this discussed at that time? WESLEY: Mayor, no. They didn't have a specific issues with these -- MAYOR DICKEY: Did they approve this unanimously as is? WESLEY: Yes. MAYOR DICKEY: We talk about -- what was mentioned earlier was Mountainside Page 45 of 64 TOWN OF FOUNTAIN HILLS Page 46 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES potential rezone. And a big part of that, whether it passes or what, how it's reviewed has to do with the landscaping, so I -- I don't think we should remove that item or really change it. And again, since the lighting is referenced elsewhere, I'd probably wouldn't want to change that. And I don't really want to change the fee that much. I don't really know what that fee is. But it feels like Planning and Zoning heard it twice, made suggestions, and then approved this unanimously. When you have a section that's referenced, is it lit up -- can they link to it? Like, if they're looking in -- I think a couple slides before, you said it was referencing back is -- are they able to click on those? WESLEY: Mayor, yes. We've had that in the past. I might punt to our town clerk just a little bit because she works with the codifier and how easy it is for them to set up those hot links in the code. But I believe it's possible to have some in the current code. MAYOR DICKEY: Yeah, that -- I mean, it's pretty helpful. Thank you. WESLEY: Mayor, if you don't mind going back on the fee for the minor site plan amendments. P and Z did discuss that some and made some adjustments to what staff had initially proposed along the lines of what Councilman Kalivianakis talked about. Lowered the bar a little bit, raised the bar, whichever way it would be. Made more things minor amendments than what we had initially proposed because they had a similar concern. And staff kind of picked a percentage out of the air, sort of leave it open to the Council if you would like to charge less for those. Some of them are pretty minor and don't take a lot of staff time. Others are getting in a little bit more. But, you know, I don't see that as a big hit on the revenue either way on the town. It could be beneficial to an applicant, more -- MAYOR DICKEY: Okay. WESLEY: -- or a little bit less. MAYOR DICKEY: Thanks. TOTH: Just to go -- kind of circle back to what Councilman Kalivianakis was saying, I would absolutely support lowering that to a quarter for minor adjustments when it's specified that it's for minor adjustments. Makes sense that it would be a minor fee. As for the other changes, I -- I think we can -- I think we could go without the -- I'm going to say it wrong. I almost said photogenic, but the original word for the -- for the Page 46 of 64 TOWN OF FOUNTAIN HILLS Page 47 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES study. I think we could go without that for that initial phase with it still being the requirement once they're going into their building permit. And the -- UNIDENTIFIED SPEAKER: Landscape area. TOTH: Thank you. The landscape area, I think that that can stay, considering that was including much more, but I don't know if we're ready to make that a motion, but I'll try it anyway. With that I move to amend as previously stated. KALIVIANAKIS: I second. With those two amendments, the photometric and the fee? Yeah, I would second that. MAYOR DICKEY: Okay. So it wasn't the landscaping one, right? UNIDENTIFIED SPEAKER: right. MAYOR DICKEY: Okay. All right. GRZYBOWSKI: Wait. I just want to make sure we're clear. We're lowering the fee to a quarter -- is what we're discussing it -- for the minor only and getting rid of the photometric requirements for this particular area. Okay, thank you. KALIVIANAKIS: Question. Are we going to say in compliance with Dark Sky or is that not necessary? WESLEY: That's still in there. I didn't hear that one come out. I did not hear that provision come out of what's in here in Romanette xvii. It will still say, "Lighting plan in conformance with Chapter 8 of the Zoning Ordinance." KALIVIANAKIS: Okay, thank you. MAYOR DICKEY: Okay. Any further comments? Could we have a roll call, please? MENDENHALL: Councilmember Grzybowski. GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel. FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom. SKILLICORN: Aye. MENDENHALL. Councilmember Toth. TOTH: Aye. Page 47 of 64 TOWN OF FOUNTAIN HILLS Page 48 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: Vice Mayor McMahon. MCMAHON: Aye. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Aye. Thank you. Okay, our next item is a -- oh, I forgot to close the hearing. Hearing is closed. I always do that. Our next item is -- is about the Eagles Nest parcel and Parcel 2. Thank you. TAVASSOLI: All right. Thank you, Madam Mayor, members of the Council, and the public. And so what you have before you is a proposed amendment to the settlement agreement that was approved through a resolution back in 2014. It was actually referenced by one of the members of the public earlier. And so I'll go into detail about what the amendments actually entail. I do want to make one point of clarification before moving too far ahead. The staff report refers to MCO as the owner of the subdivided parcel here, particularly Parcel 2. MCO is actually 50 percent owner. They're part of an LLC. The other one -- the other 50 percent is owned by MJM holdings. So all of the staff reports mentions MCO, the resolution actually refers to the LLC. So the -- the original settlement agreement from 2014 that I mentioned earlier -- and by the way, there arc a number of agreements between the town and the developers and owners for much of what's known as Eagles Nest. But the 2014 development -- or settlement agreement, rather, caps the number of lots at 245. So that's currently what's effective. The amendments to this agreement particularly focuses on -- excuse me — the -- what's referred to as the future development down here, which is known as Parcel 2 of Eagles Nest. It's about 58.2 acres. And here's an aerial photograph, obviously. But the original plat was approved back in 2004 for Parcel 2. That was the final plat. Originally, developers had proposed 26 lots. Although it was approved by council, the plat was never recorded by the county, so it remained unsubdivided. It actually came back for a replat back in 2010 with some slight adjustments to the property lines. That was also approved, but once again, it was not -- it was not recorded. So it -- it never became -- it's still a unified parcel, unsubdivided. You'll notice that there has been a little bit of rough grading here for the cul-de-sacs that were originally proposed under the original plan for the 26 lots. Those cul-de-sacs have Page 48 of 64 TOWN OF FOUNTAIN HILLS Page 49 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES not been -- like I said, they've been rough graded, but they have not been paved. So the amended terms of this proposed amendment before you particularly addresses changes to the lot count that would -- that was originally agreed upon, and I'll get into more detail with some further slides, addresses allowances for flag lots, some changes to the location of the emergency access easement that you'll see in the tentative development plan that we'll follow, some changes to the cut allowances, as well the disturbance areas and maximum retaining wall heights. Now, this is the tentative development plan that the applicant has provided with the proposed amendments. If you take a close look at the plan, you'll see some underlying, dashed gray lines of some rather elongated parcels -- or lots, rather. That was part of the original 26-lot plat that, once again, hadn't been recorded. And you'll see the gray here refers to the cul-de-sacs that I showed you earlier. What you see superimposed on that with the black dashed lines is the 40-lot development that the applicant is proposing through this development agreement. Now, 1 should stress at this point, approval of this proposed amendment doesn't commit or bind the town to any particular design. The purpose of the development and agreement is basically the applicant or the owners requesting certain allowances that may sometimes deviate from, for example, the subdivision ordinance or even the zoning ordinance in return for something that the town might be getting in return. And I'll -- I'll help answer that question at a later slide. But as part of the amendment, aside from the increase in lot count from 26 to 40, a net increase of 14 for Parcel 2, the applicant is requesting cut allowances for a few parcels here -- six parcels to be exact, particularly steep hillsides here. They're requesting cut allowances of 20 feet for those parcels. Now, typically the town, for any particular lot, if a developer is proposing cuts and/or fills of greater than 10 feet, that would require town council approval. Any cuts less than that would be approved -- would be looked administratively, and that does not require approval form the government body -- governing body. But in this case, the owner is requesting an allowance of up to 20 feet in cuts. The applicant is also requesting the addition of -- or the inclusion of four flag lots, or in some parts of the country they're called pipe stem lots. But you can see those marked Page 49 of 64 TOWN OF FOUNTAIN HILLS Page 50 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES here in the -- with the red dots. Now, typically flag lots are not something that is necessarily prohibited in the town or prohibited by the subdivisional ordinance or even the Zoning Ordinance. Sometimes there's a little bit of confusion, though, once we come across a flag lot, how do we actually measure the setback, given some of the -- you know, given the narrow entrance into the -- the lots, because some may be as little as 20 feet or sometimes even less. But in this case, the applicant has provided -- or has proposed, actually, the development envelopes, and that's something that will be -- that is part of the proposed agreement. And I should also mention that the applicant is also requested the relocation of the emergency access easement. The original emergency access easement, which was approved by instrument of a grant of easement, is shown here in yellow. That's, by my estimation, approximately, anywhere between 460 to 500 linear feet that was originally approved. They're requesting, in light of this new 40-lot layout, a relocation depicted here in the blue highlight, which is approximately about -- about 70 feet. So in summary, this kind of stems from the previous slide I showed earlier, but I'm providing more specific with regards to what the changes are. So with this approval of this amendment to the development -- settlement agreement, rather, the increase lot count will go from 26 to 40, particularly for Parcel 2. Now, that's obviously an increase of 14 lots. But for the overall Eagles Nest development, that will be a net increase of 9. So it goes from 245 to 254. So let me explain. There were 5 lots in the past few years that have been combined. So the -- and once they're combined, MCO does not allow them to be divided once again. So although for Parcel 2 there's a net increase of 14, the overall development, Eagles Nest Development, there will be a net increase of 9 lots, which would include the four flag lots. It would include the shortening of the emergency access easement that I discussed earlier. It would also allow the 20-foot cut allowances for the six lots that I mentioned earlier. There will also be, inevitably, an increase in the disturbance area. Now, the average disturbance for each lot in the original agreement caps it at 24,000 -- 24,700 square feet. They're maintaining -- the owners want to maintain that average disturbance, but because it's being increased to 40 lots, there will be a cumulative disturbance of about 908,000 Page 50 of 64 TOWN OF FOUNTAIN HILLS Page 51 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES square feet. And they're also requesting allowance for 10-foot-high retaining walls. In cases of hillsides, the absolute max that one can go with regards to retaining walls is 10 feet, but the average should -- is capped at 8 feet. So any one retaining wall, absolute max, 10 feet. But it needs to average out at 8. In this case, the applicant is simply requesting an allowance of 10-foot high retaining walls, regardless of what that average might turn out to be. So going back to this slide real quick, the question might come up, what is the town getting in return? Well, what's preferable to the town is better circulation, particularly in some of these more remote areas of -- of Fountain Hills. Originally, the applicant was proposing the cul-de-sacs that I discussed earlier. With this increase in the lot count, the applicant will be providing and dedicating to the town a circular driveway as opposed to a -- or rather a circular road as opposed to the two cul-de-sacs that were proposed earlier. This would help emergency access immensely and in case -- in the case of any particular traffic issues along Mountain Parkway over here, whether it be flooding or vehicular incidents, it would still provide additional means of access to these lots, in addition to the emergency access easement in the -- to the southwest of here. So with that, I will conclude my comments. There are members of the -- from the -- from both MCO -- rather the LLC, I should say, that owns this parcel here, too, help shed some light on some of the details of the agreement. MAYOR DICKEY: Thank you. Do we have any speaker cards on this item? MENDENHALL: Mayor, we do not. MAYOR DICKEY: Thank you. Questions or comments from Council, then? Vice Mayor? MCMAHON: Okay. On — as far as the easement goes, there's only verbal; there isn't anything in writing, though? Are they pretty sure that that's -- everybody's in significant agreement with that and it's going to happen and is there any consequences if it doesn't for some reason come to fruition? TAVASSOLI: Mayor, Vice Mayor, so approval of this development agreement doesn't necessarily, I guess, isn't -- doesn't complete the process for the grant of easement. So perhaps the applicant can correct me if I misspeak here, but the grant of easement will Page 51 of 64 TOWN OF FOUNTAIN HILLS Page 52 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES have to come at a later date to amend the original easement that was agreed upon, so that will -- MCMAHON: Okay. VARGO: I'm with MCO Realty. I'm actually the manager of MJFFH7, the owner of this parcel. I would like to have Shawn White actually address this because we actually found some very interesting things when we began to look into it. So Shawn, can you come up here and address the easements? WHITE: Yeah, so -- Shawn White for the applicant. Mayor, town council members, with respect to the easement, we went back in time to try to figure out whether there was actually an easement that ran across Eagles Nest. What we've discovered going through our survey process with our surveyors is we have an easement -- or there's an easement that leads up to Eagles Nest. There isn't a grant of easement that actually extends into Eagles Nest. So when staff was talking about the loop road and something of benefit to the town, actually granting the additional access, which you see in the blue line there, would be something else that -- that the town would obtain through this plan here. And I think that's what -- what Mr. Vargo is referring to with respect to that particular easement. It goes back-- you may have gone through a lot of these settlement agreements. I think it goes all the way back to 2001 or 2004, and they continually have been amended over the years. And so go back in time and finding those Atlas surveys were extraordinarily important for us. VARGO: Yeah. Address the fact that, really, there were two easements. One was abandoned. One came to the property line of Eagles Nest. And the one that we show in the yellow never was recorded. WHITE: Sure. So there was a -- there was an 80-foot cross access easement that went across Adero that the prior developer had put in place. And it had gone across what is now the preserve land and into Eagles Nest. That easement was subsequently abandoned by the previous developer when they were common owners. And so the 80-foot easement that tends to show up on some of these surveys in fact was -- was abandoned some time ago. I forget the exact abandonment date, but it is -- VARGO: 2001. Page 52 of 64 TOWN OF FOUNTAIN HILLS Page 53 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES WHITE: -- 2001. So — so it was quite a while go that the 80-foot cross access easement was abandoned. I wasn't involved in that process whatsoever, but I think that was part of the access between Adero and Eagles Nest prior to having emergency access through the actual front gates. MCMAHON: Thank you. I have another question. Please be patient. I'm trying to understand the disturbance allowance and the change and was it -- going to have a negative or a positive effect on -- VARGO: The -- okay -- MCMAHON: The disturbance allowance. VARGO: Vice Mayor, the disturbance is 22,700. It was -- I thought I mentioned 24,000, but it's -- 22,700 square feet was the original development agreement. That was averaged over the 245 lots. And it had to be allocated into each area. So Parcel 2, what we're doing is we're looking at Parcel 2 has 40 lots with an average of 22,700 square feet of disturbance for those 40 lots. Now, as you look at the plan, you'll see that still -- and we're not asking for any rezone, so there still is an average of 1.34 acres in size to each lot that is here. MAYOR DICKEY: Councilman Skillicom, did you have something to say? SKILLICORN: Thank you, Madam Mayor. Actually, Senior Planner Tavassoli -- did I get that right? TAVASSOLI: Tavassoli, close enough. SKILLICORN: Close enough? Come on. Give me a little better than that. Can we go back to the summary of changes? TAVASSOLI: Sure. SKILLICORN: And this is a unique property because it is very pretty. You know, the elevation is -- is stunning to look at. It also creates some challenges. So the actual increase in number of lots, it's still over an acre; you mentioned 1.4. Yeah, I'm going to suspect that, I don't think any of those lots are under an acre now. So I think the density is fine with me on that. But where I am getting some issues is the cuts and the retaining walls. So I'm a little concerned about the, you know, water runoff. I see that, like, we talked about where that abandoned easement is there; you know, obviously it looks like the Page 53 of 64 TOWN OF FOUNTAIN HILLS Page 54 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES terrain there, water could go down that way. But I -- 1 mean, I have the -- some concerns about erosion. And I also, because of it's such a pretty area, I don't like the idea of cutting into the mountain and making this terraced. VARGO: Okay. Councilmember Skillicorn, I ask two things. Number I, the allowance for the ten -foot -high retaining walls, that was strictly for the road. That's not for the lots. So that's -- just keep that in mind. And in terms of the 20-foot cut allowances for the six lots, what we actually did is we spoke to many different builders before we -- as we did this plan. We started looking at it a year ago. The recurring theme was, we do not like the cul-de-sacs. So let's try to figure out a way we can connect this. So many of the builders that we spoke to came up with this suggestion. And I actually have one of the builders here, who is much better at explaining this than I am. So if you would -- Brent, can you come up? Brent Hollanti, Custom Homes, who has, I think, ten houses going right now in Eagles Nest. If you can explain the 20-foot cut allowance for the six lots. HOLLANTI: Madam Mayor, council members. So -- excuse me. I'm losing my voice. These six lots that we're proposing for that 20-foot cut are on the back side going up the mountain. So they're fairly steep. My -- most of my clients want single -story houses. So the proposal for this 20-foot -- and what we're proposing to put into the design guidelines to prevent the -- making it ugly and keeping it within the town's vision for the housing is that these 20 foot cuts would need to be covered by the house by either the basement -- like a basement wall, so if it's a two-story house, that back wall is going to be covering that part of the cut. So it's -- what ends up happening is, with those steep lots, if we don't have a little bit more of a cut and have a large retaining wall that's put in and built into the house, then we have to terrace multiple retaining walls up front. And when you get -- get this wedding cake, terracing effect. And that's what we want to get away from. We want to keep the houses blended into the hillsides and not have this, which I've -- I've been building in Fountain Hills for almost 20 years. So I've built in almost every one of the subdivisions. And I've seen this terracing, and it's not -- it's not pretty. And I -- this is why we're proposing this on these 20 lots and to have that -- or sorry, six lots for the 20- foot cut, to have this and the design guidelines, to eliminate that and keep the scenery the Page 54 of 64 TOWN OF FOUNTAIN HILLS Page 55 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES way it is. SKILLICORN: And I echo that, even though I like to preserve the mountainside. Are the -- so the six, they're very steep. Which way are they facing? Are they -- I'm, you know, I'm looking at the geography right here. Is it facing the south or, you know, southeast, or is it -- VARGO: So -- let's turn this light on for reference. SKILLICORN: Is there a slide that shows -- is it the orange? VARGO: The six orange. So those go from the road up. They go up the mountain. HALLONTI: Upward sloping lots. And they'll face -- SKILLICORN: And -- and it facing the preserve? VARGO: Facing the north -- no. HALLONTRA: No, they're not facing the preserve. VARGO: They're facing the north. So -- SKILLICORN: They're backing up. VARGO: (Indiscernible) area -- the Maricopa County park. SKILLICORN: Okay. HALLONTI: And then those lots continue going up and then crest over, back in towards the Adero. SKILLICORN: Yeah. I'm not excited about cutting into the mountain. FRIEDEL. Allen, if 1 can allay some of your fears. I've been out to the property and I've seen it firsthand. This is not going to be a Adero Canyon where they blew up the mountain and ravaged that mountain. These guys are doing this tastefully. There's about 20 or 25 homes in process right now up in Eagles Nest -- 22, yeah. And really, what they're doing here, what 1 saw up there was the best use of this land, and the developers and the residents are working within the land. So I think this fits very well. I too was concerned with the cut, but when I got out there and I actually got on the property and looked at it. It makes sense to me, and I don't have -- I don't have an issue with it. I actually kind of like it. And I like the fact that the road has a different -- they have a couple of different access points to this area for emergency vehicles and everything else, too. So again, it's six lots out of the 40. You're talking, what, 5 percent? I don't think that's a Page 55 of 64 TOWN OF FOUNTAIN HILLS Page 56 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES stretch. And again, we're not talking a Adero Canyon here, so. UNIDENTIFIED SPEAKER: (Indiscernible.) FRIEDEL: Yeah, exactly. I was just going to say, or -- yeah -- yeah -- UNIDENTIFIED SPEAKER: (Indiscernible.) MAYOR DICKEY: We don't have to discourage other neighborhoods. Yes, sir. You have any more? I'm just kidding. HOLLANTI: 1 can add, too, this is the request for these, if it's needed. It doesn't necessarily have to be, but because these are steep lots, depending on the size of the homes -- 1 mean, the average home I'm building in there right now is 6,000 square feet. So when you have a 1.3 -- 1.34 acre parcel, you know, where three to five, $7 million homes to get on that steep of a hillside, it ends up -- you have to build such a tiny home or go up the mountain. And then the home is terraced. And the age limit in -- the average age in Eagles Nest, too, they want to be walking up the stairs and doing small levels on each level. They want single -story, expansive, beautiful homes that blend into the environment. So that's the idea for this. MAYOR DICKEY: Is that -- would that be a result, though, of adding these lots? Like, if you didn't add the lots, it's kind of hard to see what it was supposed to be, but would -- you'd need to do the cuts if we didn't -- if you didn't add the lots. I'm not -- you know what I'm saying? If you -- VARGO: Well, I understand the question. MAYOR DICKEY: Would you have that issue with needing to do the 20-foot cuts if you weren't adding these lots? VARGO: Well, again, if you're going to connect the road, you have to have lots on each side of the road. You can't afford to do the road. So by adding these lots, what we're trying to do is make it blend into the environment much better so than -- as you drive through Eagles Nest, or any of the communities in town, you'll find that the last lots to get built on, if they're even being built on, are the upward sloping lots. The ten -foot cut is a great hindrance to those upward sloping lots because it's forcing steps. It's forcing many different levels. And as Brent had said, our average age in Fountain Hills is 58, and it's getting older. And most of those people do not want any steps at all in their homes. So we're trying to Page 56 of 64 TOWN OF FOUNTAIN HILLS Page 57 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES accommodate that while still trying to do the best plan we can in terms of the environment and the aesthetics. GRZYBOWSKI: 1 am 58 and I haven't wanted steps in my house for easily 20 years, just for the record. That being said, I lived in the Keys -- the Florida Keys for a lot of years. And it's a lot of cul-de-sacs. And for me to see them go away and have the loop around and, you know, a couple of pipe stem sites, or excuse me, flag poles, I realize you got to do that, but I really like the fact that now we've turned it into one full road all the way around. My husband used to be a volunteer firefighter in the Keys. And the curse words that came out of his mouth every time he had to go down one of those cul-de-sacs is -- I won't go there today. Also, I totally support the wedding cake terracing. I hate that. I like one wall better than the whole wedding cake thing that you talked about. I -- yes, cutting into the mountain side kind of stinks. But I feel like we have to be creative to get the houses that the people want in those kinds of neighborhoods. And keep in mind, we're only looking at going from a .50 to .52 lots per acre. So I -- I don't have a problem with this particular request at all. And if nobody else wants to have a discussion, I'm all for making a move to approve this as is. TOTH: Second. MAYOR DICKEY: Brenda? KALIVIANAKIS: I was just going to make a motion. MAYOR DICKEY: Okay. We have a motion and a second. Could we have a roll call, please? MENDENHALL: Councilmember Friedel. FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom. SKILLICORN: Don't make me regret with too many mountain cuts, yes. MENDENHALL Councilmember Toth. TOTH: Aye. MENDENHALL: Councilmember Grzybowski. Page 57 of 64 TOWN OF FOUNTAIN HILLS Page 58 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES GRZYBOWSK I: Aye. MENDENHALL. Vice mayor McMahon. MCMAHON: Ayc. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Ayc. Thank you all. Next item is a -- extending the contract with Maricopa County Sheriffs. Rachacl, did you want to mention this? GOOD W IN: I'll be happy to introduce it, and then I'm actually going to ask if David Pock will step up. He was helping draft that as well. As many of you know, we are in negotiations with MCSO to renew our law enforcement contract. Our current contract expires on June 30, so little less than 45 days. Once that expires, we do not have a plan come July 1. So we have been working with them to negotiate a new contract; however, we do not believe we'll make that deadline. So as a -- yes, as a stopgap, we have a -- are proposing a month -to -month contract, up to six months, so that we have something in place until we solidify a final contact renewal. So that's what you have before you. I know our finance director, David Pock, was very involved with this. So if you have any questions, he or I will be happy to answer. MAYOR DICKEY: Thank you. Do anybody have -- does anybody have any questions for David? Do we have any speaker cards on this? MENDENHALL: Yes, Mayor, we do. It is a written comment. And it's from J. P. Ward. He just wants you to know that he is for it, and he had some comments. That's the only card we have. MAYOR DICKEY: Thank you. Any further question? Councilman Skillicorn? SKILLICORN: Madam Mayor, this is more of a statement. So I'm going to support this, but I do want to make it public, I prefer when we do actually have a renewal is that we have 19 officers plus the SRO. I think it's unwise to reduce our coverage. But that -- and I'll make a motion to approve. GRZYBOWSKI: Second. MAYOR DICKEY: Thank you. Roll call, please. MENDENHALL: Councilmember Kalivianakis. Page 58 of 64 TOWN OF FOUNTAIN HILLS Page 59 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom. SKILLICORN: Aye. MENDENHALL: Councilmember Toth. TOTH: Aye. MENDENHALL: Councilmember Grzybowski. GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel. FRIEDEL: Aye. MENDENHALL: Vice Mayor McMahon. MCMAHON: Aye. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Aye. Thank you very much. Our next item is approving the IGA with Arizona for our sidewalk gap elimination on Saguaro and Palisades. Justin. WELDY: Thank you, Madam Mayor, council members. As you'll recall, this is a grant project that originally started out at about $ 1 million. The engineer of record estimated it'd be about 2 million. When the final documents were turned over to the Arizona Department of Transportation, it went to a little more than 3 million. Of that, the town has received additional grant funding, not only to cover the design, but we also applied for, under the direction of the town manager, for close-out funds to cover our portion of the construction. While it show that we -- for this $2 million sidewalk, there is approximately $221,000, we believe that amount is going to be substantially lower based on the progress of this project and the grand funding that has been made available and will become available. As a brief reminder, this is just an extension to that agreement. A brief update on the project, it is reaching 100 percent in the design. The Arizona Department of Transportation, the administrator for these federal funds, anticipates releasing the project out for bid in mid- to late summer. And then construction will commence shortly there afterwards. And it will take approximately 10 to 12 months to complete that process. When it's all competed, we'll have an incredible improvement and a benefit to this Page 59 of 64 TOWN OF FOUNTAIN HILLS Page 60 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES community, including sidewalks on Saguaro from basically Colony to Fountain Hills Boulevard on either side and Palisades on the north side from Fountain Hills Boulevard back to Saguaro. With that, any questions related to the IGA? I'll do my best to answer them. MAYOR DICKEY: Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. We have a written comment from J. P. Ward saying that he is for this project. MAYOR DICKEY: Thank you very much. Councilman? SKILLICORN: Madam Mayor, director, on B, did I hear you right? You said either sides or both on Saguaro? WELDY: Correct. The project starts at Colony. Across the street from Colony is Lamplighter. And not to add any confusions, but Lamplighter is on the south side of Saguaro at this location. SKILLICORN: Thank you. There's some residents that I know want a sidewalk there, so -- motion approved. MAYOR DICKEY: Did anybody else have any comments? GRZYBOWSKI: Second. MAYOR DICKEY: We can take a second. Okay. I have all these names on here. Great, roll call, please. MENDENHALL: First I need to know who was it that seconded it? Okay, Sharron, okay. Okay, Councilmember Skillicom. SKILLICORN: Yes. MENDENHALL: Councilmember Toth. TOTFF: Aye. MENDENHALL: Councilmember Grzybowski. GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel. FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Aye. Page 60 064 TOWN OF FOUNTAIN HILLS Page 61 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL. Vice mayor McMahon. MCMAHON: Aye. MENDENHALL. Mayor Dickey. MAYOR DICKEY: Aye. Thank you, Justin. Arc you up for the next one? WELDY: Yes, Ma'am. MAYOR DICKEY: All right. WELDY: Madam Mayor, council members, this is one of the hot topics and a priority for this council, which is infrastructure. When we discuss infrastructure as a whole, more often than not, most people are thinking about the big water lines, sewer lines, or electrical lines that lie within our easements or our streets. But we also have to consider the infrastructure that runs from this building to that amenity. Without singling any contractor and/or staff members out, we clearly have issues with what we refer to as our newer amenities, town hall, community center, library, Fountain Park -- well cut the list off there. Some of those issues are related to sewer lines. You'll note that staff is putting forth a recommendation to select the highest bidder here. The argument behind that is based on research and industry experts. One of the products is intended as a temporary, not quite complete, sealing project. And they would like to sell us that again in a few years for the same amount of money. The other one addresses, resolves the issue, gives us up to 25 or more years of service, and what that does is it allows for not only this council but future councils and managers to prepare for the hundreds of thousands of dollars it's going to costs to dig up and/or figure out a way to replace that pipe that runs under the Centennial Circle. This is moving that down the road a great distance. And based again on staffs research and industry experts, this is the best possible solution. And I don't want to be misleading in any way, shape, or form here. However, the experts say that in the event that this begins to break down after the 25-year period, there's a possibility it can be reapplied and an additional time frame added to that. I don't want to be misleading with that. They say possibility; that's the word I'll leave it with. If there are any questions related to this, I'll do my best to answer them. MAYOR DICKEY: Do we have any speaker cards? Page 61 of 64 TOWN OF FOUNTAIN HILLS Page 62 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES MENDENHALL: Yes, Mayor, we do. J. P. Ward wants you to know that he is for this project. MAYOR DICKEY: Thank you very much. Councilwoman. TOTH: Justin, I just want to thank you for your thoroughness and including all of the people that we tried to get bids from and -- and what the situation is with the gapping. So just thank you so much for all you do. If it's all right with everybody, I'd like to move to approve the Professional Services Agreement 2023-087 with Pipeliners, USA, LLC for sewer line repairs. FRIEDEL. Second. KALIVIANAKIS: I just had one question before we vote -- MAYOR DICKEY: You bet. KALIVIANAKIS: -- if that's okay. Thank you, Miss Mayor. If we were to go with the New Flow bid, what is the warranty period on that? WELDY: Madam Mayor, councilmember, it's limited to one to three years, depending on the conditions once they reenter the system. So we've already put a camera in there, and we have a pretty good idea of the conditions. They -- the selected vendor will place another camera in there and insure that there's no additional degradation or damage to the facilities between now and the time they install it. Everything comes with a warranty by default. The extent of that warranty is really in the fine print that I do not have in front of me right now. KALIVIANAKIS: Okay, because that was my next question, what would be the warranty for the Pipeliners bid. Would -- WELDY: There warranty is considerably longer. And again, I don't have those fine print details. But I will certainly look that up as part of the contact agreement, and also the manufacturer's warranty agreement on that as provided. KALIVIANAKIS: I think it'll be settled tonight, so that might not be necessary. Go -- I offer the vote. MAYOR DICKEY: We have a motion and a second. Could we have a roll call, please? MENDENHALL: Councilmember Toth. TOTH: Aye. MENDENHALL: Councilmember Grzybowski. Page 62 of 64 TOWN OF FOUNTAIN HILLS Page 63 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel. FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis. KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicom. SKILLICORN: Aye. MENDENHALL: Vice mayor McMahon. MCMAHON: Aye. MENDENHALL: Mayor Dickey. MAYOR DICKEY: Aye. Thank you, Justin. Thank you, everyone who worked on that. Our last action item -- or item, actually, is about Legislative Bulletin or anything related to -- let the legislature that you might want to bring up or -- they've been -- you know, they were off, but then they came back and they had, like, a seven -page third read yesterday. Three things that are -- well, two items, but there's four vote -- four bills that are of concern. One is Senate Bill 1131, which had been -- had failed earlier, which is the rental tax bill. And so that one is still very viable. And I had an updated amount from finance, and it would be a $582,000 hit to the Town of Fountain Hills. So we are going to be trying -- I think the only thing that's going to work with that is a veto, but I'm not sure that that's going to happen. And then there's three -- there are three bills that -- were that -- that one bill that failed that had to do with zoning, basically making half our conversation tonight moot. But 1161, they split it into three. 1161 really doesn't affect us that much. It has to do with light rail. But II -- I mean 1161 -- 1163 preempts pretty much any density controls that we have. It bypasses the general plan, and it -- all of these bypass public input or participation, which is interesting. And then HB 2536 preempts zoning regulations, design, and parking requirements and such. So it's some pretty serious stuff there. So we're continuing to work on those. Do Page 63 of 64 TOWN OF FOUNTAIN HILLS Page 64 of 64 MAY 16, 2023 TOWN COUNCIL MEETING MINUTES you have any questions or anything or any other bills you wanted to talk about? No? Okay. Thank you. Our next item is Council Discussion/Direction to Town Manager. Now, I know we had quite a few people speaking on the 5G, and so we will be getting more information out about that. One of the things that was brought up had to do with the difference between -- I think, Lori, you said the large and then the small ones. And I think that remains an area of confusion for me about which -- what actually causes the concern of people. So I think we need to get a lot of information and facts out there. So I'm not sure we can do that now, but we can -- we'll follow up soon. Okay. Thank you. I don't know if there were any other items that were brought up that we would have to bring forth. The next item, our Future Agenda Items. Anything there? SKILLICORN: Well, on the 6th, do we have enough time to bring up some of our homeless ordinances? MAYOR DICKEY: That's going to be the 20th. That's on the -- SKILLICORN: I'm just wondering if there's -- if it has opened up, some timewise? MAYOR DICKEY: It's kind of more having enough information to have the discussion. I'm not sure we would have it by the 6th. But it's definitely something to consider because that -- that does change. That potentially -- we haven't really discussed this, but, you know, potential change in that meeting. Aaron? ARNSON: Mayor and Councilman Skillicom, can I connect with you tomorrow and see what availability we might have, if there's any capacity? SKILLICORN: Okay. ARNSON: Okay. Thank you. MAYOR DICKEY: Yeah. Because we haven't officially done anything here. All right. Then we -- if there's nothing else, we're adjourned. Page 64 of 64 Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on May 16, 2023, at 8:23 p.m. ATTEST AND PREPARED BY: TOWN OF FOUNTAIN HILLS Cindy Dickeq, Mayor Linda G. Men. - hall, 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 16'h day of May 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th Day of June 2023. da G. Mendenhall, Town Clerk