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HomeMy WebLinkAbout2023.0620.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOWN COUNCIL June 20, 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 5:27 p.m. Members Present: Mayor Ginny Dickey: Vice Mayor Peggy McMahon; Councilmember Gerry Friedel; Councilmember Sharron Grzybowski; Councilmember Brenda J. Kalivianakis; Councilmember Hannah Toth Attended Telephonically: Councilmember Allen Skillicorn Staff Present: Interim Town Manager Rachael Goodwin; Town Attorney Aaron D. Arnson; Town Clerk Linda Mendenhall Audience: Approximately forty members of the public were present. TOWN OF FOUNTAIN HILLS Page 1 of 90 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING Post -Production File Town of Fountain Hills Town Council Regular Meeting June 20, 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 1094 TOWN OF FOUNTAIN HILLS Page 2 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING MAYOR DICKEY: Now, we'll start a couple of minutes early, our regular meeting. Welcome everyone. Please stand for the pledge. If you'd like, remain standing for the invocation. ALL: I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. MAYOR DICKEY: Thank you so much. We have Steve Gay from the Fountain Hills Democratic Club and former airline pilot to do our invocation tonight. Welcome. GAY: Good evening. Through the millennia, we, as a society, have learned that the best way to govern the people is for the people to govern themselves. In 1835, Alexis de Tocqueville, author of Democracy in America remarked in amazement on this tendency of Americans to participate in local government. He wrote, "How does it happen that everyone takes as zealous an interest in the affairs of his township, his county, and the whole state as if they were his own? It is because everyone in his own sphere takes an active part in the government of society". It's been almost 200 years and we; the people, have not let Tocqueville down when it comes to our passion for self -governance at every level. Today, in this tradition, we travel from our homes and businesses across the city to participate in this vibrant and animated laboratory of democracy. Citizens, staff, and elected officials converge on this chamber to work as one community, united and indivisible by nearly every measure. Each of us arrives as individuals with unique ideas and experiences and we all have a desire, in the spirit of goodwill, to accommodate the needs of others. Citizens request assistance and offer their concerns. We are ever grateful for their interest and for their trust in the process. Our staff provides expert advice in their particular field and we truly appreciate their continued service. Elected officials listen, debate, and choose the path forward for all of us out of a sincere desire to serve and honor the people of Fountain Hills, all while shaping its future. Page 2 of 90 TOWN OF FOUNTAIN HILLS Page 3 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING We offer our thanks to these public servants in that often thankless task. When we leave this chamber tonight, let us carry with us this same spirit of service and goodwill tomorrow and every day that follows. This is how we assemble to serve and to govern ourselves. Thank you. MAYOR DICKEY: Roll call, please. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Here. MENDENHALL: Vice Mayor McMahon? MCMAHON: Here. MAYOR DICKEY: Councilmember Friedel? FRIEDEL: Present. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Present. MENDENHALL: Councilmember Toth? TOTH: Present. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Here. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Present. 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 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. Page 3 of 94 TOWN OF FOUNTAIN HILLS Page 4 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING MAYOR DICKEY: Thank you, Linda. We'II start with our reports by the town manager and councilmembers. Town manager? GOODWIN: Thank you, Mayor. Tonight I have two updates and they both are recommendations and kudos to our staff. Our first goes to our planning staff. By state statute we have to do an update on our general plan and its status. And that's part of our consent items tonight. It's not something we're going to talk about, but I do want to commend staff on doing a fantastic job on that report. And recommend, if anyone is interested, it is in our packet so you can find it online. Again, it's a report that talks about the progress and the implementation of our general plan. Its a ten-year plan. It's easy to, sort of, put a plan on the shelf. That is not what we do with this and staffs done a great job putting that together. So I commend them. I also want to pause. I know we're going to talk about parks and recreation month a little bit. But I wanted to commend our community services staff on a number of successful programs this summer. We get told that there's not a lot to do here in the summer, it gets quiet. And both our rec staff as well as our community center staff put together a lot of programs to fill up that void to make sure that we have a lot of activities. So we just had our pizza party. We're getting ready to have our ice cream social over at our community center. And then Saturday night we just hosted our party in the park, where we had almost 200 residents out at our parks, enjoying some games and activities and stargazing. And then we have a number of programs, including our wacky wet Wednesday and our splashpad summer series. So if you're not familiar with those or if you're looking for something to do this summer, I highly suggest hopping online and checking those out. They're really fun. MAYOR DICKEY: Thank you. GOODWIN: Thank you. TOTH: I have no report this week, Mayor. Thank you. MAYOR DICKEY: Okay. Page 4 of 94 TOWN OF FOUNTAIN HILLS Page 5 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING GRZYBOWSKI: I attended the Arizona Alliance for Livable Communities meeting. They define themselves as a group of volunteers that work at the intersection of planning and public health. They just won the 2023 Trails for Health award from American Trails in the advancing trails awards program. So that was kind of cool; it's also a mouthful if you have to write it down. We had the Arizona League budget finance and economic development committee meeting where we discussed resolutions that we think makes sense to follow and hope that our state legislators take a hold of. And I think we've got a couple of good ones that are coming before your committee at the league conference this year. Also, I had an opportunity to meet with Jen from Cox Communications, where we talked about some of the things that Cox is working on, including their grant program and any upcoming system upgrades. And that was my past however many weeks that was. MAYOR DICKEY: Councilmember. FRIEDEL: Thanks, Mayor. Just a couple of updates from around town. I've been out to Golden Eagle Park a couple of times this week and watching them replace the lights out there. So it's kind of exciting to see that project progressing. So good job on that, Rachael, and your parks people. And also had the opportunity to go by the skate park again, which isn't officially open. However, it's been very busy down there. And also, just a little reminder that our grand opening is this Saturday night, right? 6:30 at the skate park. So the town did a great job of renovating that and it looks great and it's going to be an exciting night out there. So if you're not doing anything, pop on by. Also, staff and I met out at Adero Canyon. We received -- well, I received several comments from people about parking out there at Adero Canyon, at the trailhead. So I met with staff out there and we went over a couple of different options out there and the staff is, right now, gathering some data and will come back with some options as to addressing that issue out that. So I appreciate the staff's time and patience with me out there. Page 5 of 94 TOWN OF FOUNTAIN HILLS Page 6 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING So that's all I have Mayor. MAYOR DICKEY: Thank you. KALIVIANAKIS: Thank you, Ms. Mayor. Thanks everybody for coming out this afternoon to support your Cottonwoods maintenance district and your town council. We really appreciate this. Fountain Hills is blessed to have such an engaged citizenry. And I also would like to thank everybody in Cox Channel 11 in livestreaming it on YouTube, for attending our meeting tonight; very important. Two weeks ago I attended the League of Arizona Cities and Towns public safety military affairs and courts policymaking committee. This committee is to revive an opportunity for the city and town officials to form across the state to provide expertise and direction on the policy issues that come before the league. This week we discovered body scanning machines. They're currently prohibited by state law from being in jails, even though it's in prisons and other forms of coverage, and so we voted unanimously to include body scanning machines in jails for the protection of the corrections officers and the intake staff. And so that will go -- that will wend its way through the system now. I also was fortunate enough to attend the state of the chamber breakfast this past week with our CEO and president Betsy LaVoie. It was a very good event. She described the state of the chamber for the past year and what's coming up in the future. It was a very interesting, very fascinating presentation. I also had a chance to meet with Attorney General Kris Mayes, the Attorney General of Arizona, a very fascinating woman, and I had very good conversation with her. She's very interesting. I also had a chance to go to Sheriff Joe Arpaio's 91st birthday last week. And no matter what you think of Sheriff Joe, I think we all aspire to get to be 91 years old. So congratulations, Sheriff, on that. And apparently, in the Fountain Hills Times today they had a report on a racehorse that was named after Sheriff Joe. So I'll have to track that progress and maybe place a wager or two to see how his racehorse does. So anyway, that's all I have for you this week. Thank you very much. Page 6 of 94 TOWN OF FOUNTAIN HILLS Page 7 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING MAYOR DICKEY: Thank you. Councilman Skillicorn? SKILLICORN: No report at this time. MAYOR DICKEY: Thank you. There was a behavioral health fraud meeting with the governor's office on the phone with AHCCS also. It was very informative as was the Chamber breakfast. Kris Mayes talked about that and the crackdown on that. And then also fentanyl, border, and senior fraud, and Al issues. So there was a lot going on. I'll get to be part of what they call an, "experts within presentation" representing the Town of Fountain Hills, to visitors at our Dark Sky's nationally recognized exhibit at the Smithsonian in D.C. next month. I'm going to be bringing brochures and t-shirts. And Beau (ph.) has been getting a lot of town stuff together, for me to bring. I'll have like a kiosk and so I'll be pushing for Fountain Hills and our dark skies. While we're there, we'll go to the National Museum of African American History. I want to mention, Abraham Lincoln gave the emancipation proclamation on January 1st, 1863, which freed the slaves under Union control. But slavery remained in Confederate states until the Union troops arrived. So on June 19th, 1865, they went to Texas which was the westernmost state and on that day, 250,000 enslaved people were freed by executive decree and that's the celebration that became known as Juneteenth, and that was yesterday. So I have three proclamations. I'll point them out and then I'll come down one by one. The first one is the parks and rec month proclamation. And I think I'll be giving that to Kevin Snipes and some other folks from the department that I see and Sruti Peddi, who is on our community services advisory commission. Next, I would be giving one for professional engineer's day proclamation and I have to say the language, when I got it sent to me was on an email with graph paper stationery. So I'm wondering who sent that to me, David. It's a very, very -- well, it was nice. The last proclamation is going to be the Coast Guard Auxiliary. I'll be presenting that to some folks, Division Commander John Dootson, and I'm going to ask Councilman Brenda Page l of94 TOWN OF FOUNTAIN HILLS Page 8 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING Kalivianakis to come down and join us for that one because she is a member on the Auxiliary, so. Parks and rec, come on up. I'll read it; you hold it. With the big writing here. 5o come on, come on, guys. Very nice. All right. Whereas parks and recreation is an integral part of communities throughout the country, including the Town of Fountain Hills, and whereas parks and rec promotes health and wellness, improving the physical and mental health of people who live near parks, and whereas parks and rec promotes time spent in nature, which positively impacts mental health by increasing cognitive performance -- really? And well-being, alleviating illnesses such as depression, attention deficit disorders and Alzheimers; and parks and rec encourages physical activities by providing space for popular sports, hiking trails, swimming pools, and many other activities designed to promote active lifestyles and ensures the ecological beauty of our community. Providing a place for children and adults to connect with nature and recreate outdoors. And whereas parks and rec is a leading provider of healthy meals, nutrition services and education and parks and rec programing and education activities, such as out -of -school time programing, youth sports and environmental education are critical to childhood development. And whereas parks and recreation increases a community's economic prosperity through increased property values, expansion of that local tax base, increased tourism, the attraction and retention of businesses and crime reduction -- it's quality of life, right? And parks and rec is fundamental to environmental well-being of our community and to the essential and adaptable infrastructure that makes our community resilient in the face of natural disasters and climate change. And whereas the U.S. House of Representative designated July as Parks and Rec Month, therefore let it be resolved that the Town of Fountain Hills council, July is recognized as Park and Recreation month, recognizing the benefits derived from parks and recreational resources. Page 8 of 94 TOWN OF FOUNTAIN HILLS Page 9 of 94 TUNE 20 2023, TOWN COUNCIL REGULAR MEETING There you go. SNIPES: Thank you. MAYOR DICKEY: Well you have to say something. SNIPES: Well, this is just some of our staff that's here tonight, but I wanted to bring them up. And I can't tell you how hard all these people work to provide the fantastic parks, rec, community center, senior services, volunteers; they do it all. So its definitely a team effort. We're a small group but we do a lot for the town. As Rachael was saying earlier, there's a lot to do. You just have to take a look on our website and you'll see that there's plenty to do all summer long. Come on out and join us. MAYOR DICKEY: Thank you. You have a picture? Next, I think we'll have David come up and yes. Andy? All righty. You can do the honors there. Whereas licensed professional engineers have impacted our world in extraordinary ways from the clean water we drink, to the roads we travel, the energy we use, the food we eat, the clean air we breathe, and the cars we drive. And whereas, Arizona licensed professional engineers have made significant contributions to our town, our state, and our nation; and whereas the economy has grown, in part, because licensed professional engineers have been and continue to be instrumental to our community through application of their engineering knowledge and skills. And whereas August 2nd, 2023, has been declared Professional Engineer's Day by the national society of professional engineers, an organization of 35,000 that represents the interest of licensed professional engineers in all 50 states and three territories. And since 1949 the Arizona Society of professional engineers has actively promoted and advanced the interests of licensed professional engineers for the betterment of public health, safety, and welfare through ethical conduct and professionalism. So now therefore, I, Ginny, Mayor of the Town of Fountain Hills, proclaim August 2nd, 2023, as Professional Engineers Day in Fountain Hills and call upon citizens, parents, public and private agencies, businesses, hospitals, and schools in the town to join with the Society of Professional Engineers in supporting efforts to increase public awareness Page 90194 TOWN OF FOUNTAIN HILLS Page 10094 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING of the valuable service that licensed professional engineers provide to our community for the betterment of public health, safety, and welfare for all. Thank you. You have to say a few words. JANOVER: Thank you. Thank you. On behalf of the National Society of Professional Engineers, the Arizona Society of Professional Engineers, and all licensed professional engineers, thank you for this recognition. Personally, it has been a privilege to serve our citizens, the Mayor, and council with our prime responsibility to keep the Town of Fountain Hills safe, operational, and beautiful. I, along with our director of public works, Justin Weldy, assistant town engineer, Andy Whistler, PE, our street superintendent and street crew, our facilities manager and our engineering inspector, value the opportunities to collaborate with the town manager, other town departments, and professional engineering consultants to design and oversee town projects that not only enhance the Fountain Hills experience for our citizens and visitors, but most importantly, protect the health, safety and welfare of the public. As a licensed professional engineer, I have a solemn obligation to do so, which I proudly submit to. So I thank you for your trust in us and the continued opportunity to utilize our experience, knowledge, and skill in discharging the duties as your town engineer and assistant town engineer. And for the recognition of Professional Engineers Day. So thank you. MAYOR DICKEY: All right. And thank you. JANOVER: Thank you. MAYOR DICKEY: Thank you, guys, so much. All right. Now, National Guard folks, come on up. Coast Guard. All right. I'm sorry about that. There you go. So Mr. Dootson, correct? DOOTSON: Yes. That's right. MAYOR DICKEY: All right. Come on up here. Page 10 090 TOWN OF FOUNTAIN HILLS Page 11 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING DOOTSON: Thank you. MAYOR DICKEY: You're the division commander, correct? DOOTSON: Division commander. This is Penny Goode, she's our flotilla commander. MAYOR DICKEY: Welcome. I'll read this now. Whereas, on June 23rd, 1939, the United States congress authorized the formation of the coast guard's volunteer reserve and whereas the Coast Guard Auxiliary has -- You're supposed to come down here. KALIVIANAKIS: Oh. MAYOR DICKEY: I said the word "auxiliary" and it reminded me. Coast Guard Auxiliary has grown and evolved remarkably over the last eight decades as an organization of enthusiastic volunteers dedicated to the promotion of recreational boating safety throughout the United States and its territories. The men and women who serve in the auxiliary have selflessly devoted time, skills, and expertise across an increasingly diverse array of roles and missions to assist the coast guard and to preserve and protect our nation's maritime interests. And whereas the Coast Guard Auxiliary and its 127 members throughout Arizona dedicated in 2022, in excess of 18,600 volunteer hours, performed over 400 vessel safety checks, and assisted in distributing over 800 life jackets. And whereas the Coast Guard Auxiliary's service and strength are defined by its core values: honor, respect, and devotion to duty and their motto is semper paratus. DOOTSON: Always ready. MAYOR DICKEY: Always ready. And whereas the Coast Guard Auxiliary part of Team Coast Guard, actively patrols Arizona waterways, along with performing shoreside public affairs and recreational boating safety missions in the interest of recreational boating safety. So therefore, I, Ginny, recognize Friday, June 23rd, 2023, the 84th birthday of the U.S. Coast Guard Auxiliary as Coast Guard Auxiliary Day in the Town of Fountain Hills and call the observance to the attention of our citizens. Thank you. We're going to clap and then you say something. DOOTSON: I want to give big thanks to Fountain Hills resident Jack Pauly who is the Page 11 of 94 TOWN OF FOUNTAIN HILLS Page 12 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING immediate past vice division commander for organizing this and doing the first -- this will be on Friday. The 23rd will be the first time that we've celebrated a Coast Guard Auxiliary Day. About two years ago we did Coast Guard Day, which was August 4th, the birthday of the Coast Guard. But this is the birthday of the Coast Guard Auxiliary and it started 1939 as boaters helping boaters. And a lot of people think, what is the Coast Guard doing in Arizona? Everyone always asks who do you fly for? No, we're not pilots, we're the Coast Guard Auxiliary. So there's three branches, or three legs of the Coast Guard. One's the active duty folks, one's the reserve, that you're familiar with. And then we're the civilian component, non -uniformed component; we help out. There's only five active duty Coast Guard people in the entire State of Arizona. So we go ahead and we do the things like the boating safety patrols and give our life jackets and whatnot. But one of the neat things we do is I'll have Ms. Goode talk about it. She's the head of the band flotilla and we're going to have a performance on Friday. GOODE: Thank you, Commander. Yes, I'm Jenny Goode and I'm the flotilla commander of 10-03. We are the Arizona band flotilla, and we perform throughout the Valley and even in places like California. We serve our veterans and we perform at patriotic events; and we're proud to do so. So -- DOOTSON: So come out this Friday. GOODE: Yes. DOOTSON: 8 o'clock. GOODE: Yep. You'll see us there. MAYOR DICKEY: Anything you want to say, Brenda? KALIVIANAKIS: Just thank you, Ms. Mayor, for your participation in this beautiful ceremony. We really appreciate it. And for the 21,000 Coast Guard Auxiliaries out there, we give you our thank you. MAYOR DICKEY: Thank you. Vice Mayor will be at that event. I'm going to be away. So looking forward to hearing about it. Page 12 of 94 TOWN OF FOUNTAIN HILLS Poge 13 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING All right. Our next -- we have no presentations. Next is call to the public. Do we have any speaker cards? MENDENHALL: Yes, we do, Mayor. We have three speaker cards at this moment. First up is Crystal Cavanaugh. And on deck is Matthew Corrigan. CAVANAUGH: Good evening, Mayor Dickey, Vice Mayor McMahon, Councilmen Friedel, and Skillicorn on the phone. Councilmember Kalivianakis and Toth, and of course, our sis, Councilwoman Grzybowski. Thanks to those of you who did put residents first, whether you really wanted to or not, by voting to oppose the mountainside rezone. Although, a biased, inaccurate article in AZ Becks (ph.) followed, which mischaracterized our town as antidevelopment by the developer, his attorney, our own councilwoman who spoke of fixing it with a revote, and from our own chamber leadership who used the word "stagnant" to describe Fountain Hills. When I last looked, there were several ongoing projects and developments here. And no problem selling our beautiful homes to newcomers here in Fountain Hills for a nice price. Maybe we just like selective development for our unique topography and scenic views, instead of towering urban studio apartments that diminish our neighborhoods. So on this topic, regarding the Sendero's property, the town needs to stick to its existing regulations without waiving any requirements or making special deals. I certainly wish Mr. Wesley would have been more concerned with the impact on residents in my neighborhood before approving the rooftop pergola monstrosity on Catclaw, that sits at least 30 feet into the air in Sunridge Canyon. I expected that a request to rezone the Fountain Area hotel into apartments would be on the agenda tonight when I left last month's P&Z meeting along with a request to expand the number of people in a neighborhood community residence. The operators there want an SUP to allow 16 people plus staff. This would actually double what our current ordinance allows. This simply lines the pockets of the operators with excess money but would not improve the care of the current ten elderly residents in this residential neighborhood home. At ten, they were already Page 13 094 TOWN OF FOUNTAIN HILLS Page 14 094 JUNE 20 2023, TOWN COUNCIL REGULAR MEETING grandfathered in from the current code. Hopefully, when either issue comes before you, you will again put residents first. With regards to any hotel rezone, look down the road at the consequence of getting rid of the only downtown hotel, while at the same time bringing in a Dark Sky observatory tourist destination all while striving to accrue economic development. Stand strong against any developer that threatens the hotel could be used to house illegals or the homeless if apartments aren't approved. We do, indeed, need to monitor that issue though, because hotel vouchers for the homeless was already a topic by our state government. The governor actually vetoed a house bill that tried to protect our tourism industry from these vouchers. Please continue to consider our residents and unique community first. Just because other places allow things to happen does not mean it's right for Fountain Hills. We do not need to unnecessarily bring the insanity of other locations here. Thank you very much. CORRIGAN: Madam Mayor, Councilmembers, Matthew Corrigan, home owner of Fountain Hills. Really two subjects or topics tonight, and one is, rezoning or zoning. And let me start with the first. So later tonight the council will hear from a rezoning applicant who wants to expand a single-family residence, which I applaud. But they do so wanting the council to set a precedent by changing open space to single family housing for the purpose of enlarging the property. Does this then open the door to others who expect similar rezoning preference for home additions? Just a question. Second topic, number two. The council plans to discuss the problem of vagrancy under the misnomer of homelessness. I would caution the council from aligning with MAG human resources program and their new director and former Phoenix city manager, Ed Zuercher. I do not know and have not met Ed Zuercher, but I do know the failed history of Phoenix lawless, crime -ridden, massive city government approved, slum encampment known as The Zone in Phoenix. This increased under the watch of Ed Zuercher. Please align and support organizations that have success with substance abuse and mental illness. Phoenix Rescue Mission, for example, might be one that comes to mind. Page 14 of94 TOWN OF FOUNTAIN HILLS Page IS of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING They are a 501(03) crisis center charity with a 91 percent charity star rating. Government solutions offer a carrot without a stick. In other words, all participants are rewarded for failure to change, rather than rewarded for success. That's a problem. This is all done at taxpayer's expense. MAG human services' goal, according to their website, is "support progress in creating an equitable human services delivery system for marginalized populations, incorporating perspectives of people with lived experience as well as perspective reflecting diversity and inclusion of race, ethnicity, religion, sex, disability, age, gender identity, and sexual orientation". I have noticed a consistency with government program solutions on any issue. Number one, success is measured by the number of participants in the program. Number two, if the government program fails, more taxpayer money is poured into it. Number three, government programs never get smaller or go away, they only grow and create more bureaucracy. Four, government officers in bureaucracies are not elected and not accountable, really, to anyone. I've also noticed that cities and towns that create ordinances to discourage vagrancy and then enforce these ordinances, have less vagrancy, panhandling, loitering, and illegal camping. Thank you. MENDENHALL: Next we have Lori Troller. TROLLER: Hello. Mayor, council, Rachael, Aaron. Rachael, you mentioned general plan. I just want to bring this up real quick. There is a state requirement that telecommunication -type ordinances comply with our general plan. And our general plan has zippo in it for telecommunications. Doesn't mention towers, anything. There's nothing in there. So it's not in the seven strategic plans either. So those need to be updated. The other item is: can we get an update on the actions taken from the interview, the lawyer interviews for the broadband stuff? I know I'm not going to get an answer, I'm just putting the question out there. Thank you. Page 15 of 94 TOWN OF FOUNTAIN HILLS Page 16 of 90 TUNE 20, 2023, TOWN COUNCIL REGUTAR MEETING MAYOR DICKEY: We will be -- GOODWIN: I think a press release just went out. MAYOR DICKEY: A press release? GOODWIN: Um -hum. MAYOR DICKEY: Okay. It already was put out? GOODWIN: Um -hum. MAYOR DICKEY: Okay. That it? MENDENHALL: Ves. That is it. MAYOR DICKEY: Thank you. So Lori, there was a press release put out. Okay, thank you. All right. Our next is our consent agenda. Can I get a motion, please? MCMAHON: Move to approve the consent agenda. FRIEDEL: Second. SKILLICORN: Madam Mayor? MAYOR DICKEY: Oh, yes. I'm sorry. Yes, Allen? SKILLICORN: Ves. Madam Mayor, there is an item that I would like to take off of it, to discuss. It's the one about transit. MAYOR DICKEY: Okay. So we can approve the consent agenda, items A, B, and C. And we have a second. All those -- roll call, please. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. Page 16 090 TOWN OF FOUNTAIN HILLS Page 12 of94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. So as per our rules, the first item will then be -- what was the previous consent agenda, Item D, which is about approving our IGA with our PTA, Valley Metro. Rachael? GOODWIN: Thanks, Mayor. I'm actually going to ask David Trimble to join us. He kind of is our liaison for our Valley Metro relationship and I think he can probably outline this pretty quickly for us. MAYOR DICKEY: And Allen, step in if you have any, like, specific questions, please. TRIMBLE: Sure. Yes. This is to kind of continue with the status quo from what we've been doing since approximately 2014/2015. And really, we updated the bus service in 2021, kind of as a pilot program. So the town has their two essential transportation services. One's the express bus service. It travels in the morning, twice; and then brings folks back in the afternoon. And then the other program that the town has is the RideChoice program. That's the on -demand service where folks with either disabilities or over 65 can request a ride through either Uber or Lyft or the contractors that Valley Metro has. Currently, these programs are funded through PTF monies and that's the Prop 400 monies, and then through the Arizona Lottery Fund. So there's no general fund monies that are outgoing at this time. Down the road, if the RideChoice program continues to increase, we may want to look at that because it will potentially outstrip the monies that are coming in from those sources. I project that would be about, maybe, four years from now. But that assumes everything stays the same. If more people play the lottery, maybe we'll get more income. But -- that was a joke. I don't think there'll be that many people playing the lottery. Yeah, as status quo, probably, we'd want to look at things in three years to see what, if anything, we want to do differently there. That's kind of the background in a Page 17 094 TOWN OF FOUNTAIN HILLS Page 18 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING nutshell. MAYOR DICKEY: Councilman, did you have a specific question about this item? SKILLICORN: Well, I think Director Trimble, he did answer one of the questions. But I just want to confirm, especially based on our previous town manager saying like lottery funds fund these. And I'm a big fan of the RideChoice. I think it provides a good service. But the bus line, I have not seen a whole lot of use of it. I personally have tried it three times and I've been the only person on there. Frankly, I think those busses sit there and idle for a couple of hours every morning. But I see here that it was estimated that there was 36 people that were going to ride it and it turns out there might be one. So the question I have is -- and this might just be an accounting -- how this was accounted for. But under the headline of the PTF it mentions the town amount is approximately $82,000 a year. Now, is that just a passthrough from the PTF funding or what is that? TRIMBLE: Mayor, Councilmember, the town does receive a total -- again, it can vary. But year-to-year it's been approximately 82,000. 65,000 or so, is allocated to the 515 bus service. And then the balance of that goes toward the RideChoice program for that total of approximately 82,000 that's coming in. 5o that can be used for both of the two sources or the two programs. MAYOR DICKEY: Councilman, when we-- SKILLICORN: So just to clarify -- MAYOR DICKEY: Go ahead. Go ahead. SKILLICORN: Madam Mayor, Director Trimble, just to clarify that. $82,000 total and it's all PTF. And the bus amount of that is 65,000; is that correct? TRIMBLE: Yes. That's correct. SKILLICORN: And Madam Mayor, Director Trimble, can we use that $65,000 to anything else? TRIMBLE: It gets a little complicated. I would ask Valley Metro -- we might want to contact them. I reached out via email. It does sound like we can potentially redirect that towards, potentially, the RideChoice program. As long as the RideChoice program Page 18 of 94 TOWN OF FOUNTAIN HILLS Page 19 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING continues to have the ridership that it does or the usage that it does. So I think-- and it gets a little murky with the different funding sources. But I believe that that could be done. MAYOR DICKEY: I wanted to mention, Allen, that when we first had this -- well, for years the route was going into Scottsdale over by the library. But then, we tried this not that long ago, to try to have it go to the Park -and -Ride, hoping that that would increase some of the ridership. I think some of it is that people don't know about it and obviously, it's one of chicken and egg things too, when you only have the couple of trips in and out. But it's something that we should take a look at. I think that we can do that. TRIMBLE: And we also -- if I may. We implemented it -- I think we started it during COVID. And I think a lot of the transportation, public transit stuff, ridership decreased during that time frame. So probably a combination of things. I don't know but that could be a contributor too. MAYOR DICKEY: Councilwoman? MCMAHON: Thank you very much. Being on Valley Metro board we have a brand-new CEO, Jessica Mefford-Miller. She has been really, really proactive with Valley Metro. Getting it out there and getting more advertising, letting communities know what services they have, what's available in their community, allocating funds, et cetera. So I think that there's going to be a lot more information out there and a lot more of our community will become aware of the public transportation services that we provide. Plus, as a growing community, I think that the bus ridership will change based on that too. And also, I know that the ridesha re program is really, really appreciated and I have to say that I'm impressed because Jessica rides the bus transit into work whenever she can and that's -- she does it almost every day. So she walks the walk and talks the talk. So it's good. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: Councilman Skillicorn, can I ask -- can I ask Councilman Skillicorn a question? When you tested your bus did you test from -- where did you start? Did you start from here in the morning and travel out? How did you travel? Page 19 of 94 TOWN OF FOUNTAIN MILLS Page 20 094 JUNE 20, 3023, TOWN COUNCIL REGULAR MEETING SKILLICORN: Madam Mayor, Councilwoman Grzybowski, I went twice from the library to the Mesa Park -and -Ride and once, in the evening, took the Mesa park and ride back north to the library. GRZYBOWSKI: My fear is that's against traffic. Before we make a decision to pull this kind of thing, I think we need to talk to our local businesses because our local retail workers and restaurant staff cannot afford to live here. Remember that time I stalked my neighborhood and watched the cars and the people come and go. There are two people that I know took the bus, that walked into my neighborhood in the mornings and out of my neighborhood in the afternoons because they had to go catch their bus. So I kind of feel like that's against traffic. That maybe it's more people coming into town in the morning and going out of town in the afternoon, is my guess; just based off of my very brief surveys in the heat of the day stalking my neighbors. So I do feel like we should talk to our local businesses to see how their staff commute in and out before we make this kind of decision. Not that we're planning on doing it now. I'm just saying we need to keep that in the back of our mind because I do know of two people that live in my little, tiny hood that use it regularly. MAYOR DICKEY: Thank you. Councilwoman? Vice Mayor? MCMAHON: Isn't there a time frame in order to change anything? Like a year or something like that? It takes a while to make a change, correct? TRIMBLE: I asked that question of Valley Metro and have experience when we changed the route last time. They say a six to eight -month time frame. They do the changes -- implement changes twice a year: April and then October. And you really kind of have to have it set up more or less a year in advance. You kind of want to have those decisions made around a year in advance. So it's a topic, maybe we can bring back at another time or maybe at the retreat or whatnot, to get some more information on that if we want to look at that. KALIVIANAKIS: Thank you, Ms. Mayor. Thank you very much for your presentation. My question is brief. I'm a little hesitant to rely on anecdotal evidence as far as ridership is concerned because I think you can Page 20 of 94 TOWN OF FOUNTAIN HILLS Page 21 of 94 I UNE 20 2023, TOWN COUNCIL REGULAR MEETING pretty much prove anything you want to prove with anecdotal evidence. Do we have any hard data on ridership for both programs? And particularly in light of the fact that we could be on the hook financially in say, four years from now, that we could actually track this data and find out who's riding it, how many are riding it, what are the costs going to be eventually to our community? TRIMBLE: Yeah. The bus is a fixed cost for the community. So it doesn't matter how many, obviously, ride that one. The RideChoice varies per ride. It's what the town pays a portion of. And Valley Metro, to answer your question, does have those numbers. Again, the bus ride is very -- the bus ridership is very low. It was averaging one person riding that. RideChoice, on the other hand, seems to be increasing. Five-year average on that has been about 750 rides, that's one-way rides. Now this past year, it's doubled, it's 1,500. So people are learning about that program. It's affordable. They changed the terms on the RideChoice program over the past few years and now it's more or less $3 each way, limited to, I think, 50 miles. So for $6 you can go to, say, a medical facility on 90th and Shea or even, we have people that go over to Mayo off the 101. 5o they can do that now for $6. Whereas the program before, that would have cost 30 or $40. So I think people are catching onto that. MAYOR DICKEY: Councilwoman? TOTH: If you could just clarify. Those numbers were not specifically for our Fountain Hills stop; is that correct? TRIMBLE: That is the numbers that I -- TOTH: That is for Fountain Hills? TRIMBLE: Yeah. TOTH: Okay. I'll have to keep a better eye, because that number surprised me. Thank you. MAYOR DICKEY: It's not the bus. You saw -- SKILLICORN: Madam Mayor-- TRIMBLE: I'm sorry. Did you mean the bus? MAYOR DICKEY: Yeah, I think so. Page21 of 94 TOWN OF FOUNTAIN HILLS Page 22 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING TOTH: You know what I did? Something I -- TRIMBLE: Okay. MAYOR DICKEY: Yes, Councilman Skillicorn? SKILLICORN: Thank you. I just want to -- before we go ahead and make a motion here. I just want to point out that if it's one person, it's $65,000. We can buy that person a Tesla and it will be cheaper. And if it's just two out of Havenly, we could buy each one of them a Prius and save money. So we just want to make sure that point is taken. I think in the future we really want to go to that RideChoice, it's such a better program. It helps people get to doctors' appointments and things like that. I think it's a very useful. And the days of mass transit, it's just not very popular. People don't like it and it's failing all over the country. And really only works in really high density areas and we don't live in a high density area. So I would like to make a motion to approve these. MAYOR DICKEY: Thank you. Can I get a second, please? FRIEDEL: Second. MAYOR DICKEY: Thank you. Roll call. MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Aye. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: I just want to make sure. Is the motion to approve? FRIEDEL: Yeah. MENDENHALL: Yes. GRZYBOWSKI: Aye. Page Z2 of 94 TOWN OF FOUNTAIN HILLS Page 23 of94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING MENDENHALL: Vice Mayor McMahon? MCMAHON: I still want to know what the motion is for, exactly, please? MAYOR DICKEY: Move to adopt resolution 2023-24, correct? MCMAHON: As it is right now? MAYOR DICKEY: Yes. MCMAHON: Aye. Thank you for clarification. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you all very much. Okay. Our next item is approving the fourth amendment to a purchasing agreement with Tanner. Justin? WELDY: Madam Mayor, Councilmembers, I put together a short presentation for tonight, just as a refresher about the level of investment in the town's streets and infrastructure over the last eight years leading up to and asking for your consideration about approving this amendment to this contract. It should be noted that with little to no exception the M. R. Tanner companies have been involved in the payment management program for the last eight years. And have worked with the town's staff, manager, and council to reduce the overall cost. And I think that part right there is very, very important. Earlier this evening, you heard two reports: one paid for, that provided an assessment and a group of dedicated volunteers that provided some recommendations and their findings. It should be noted that during that process, and I'll single myself out at this time; at least, one or more of them were angry at me because when they asked for pricing I gave them the unit prices per the contract. And they argued that we were not paying anywhere near that amount of money for the services we were receiving, and it was misleading. My argument to those individuals was that at any time, the individual at M. R. Tanner's that is extending this price to the town, for less than the unit price in which they were the low bidder for a multi -million dollar contract, could be gone and we will Page 23 of 94 TOWN OF FOUNTAIN HILLS Page 24 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING be paying unit prices. And I was concerned about any reflection that was not accurate with the unit. The numbers that you saw tonight were a happy medium between unit prices and what we've actually been invoiced for and guidance from the town manager in those numbers. With that said, going back eight years to '15-'16, this is what was allotted and spent. You've seen some of these images before. This is for'16-'17. As a reminder, all of those little red dots in there were the intersections where the pavement was in such poor condition there was nothing that could be done for it except to remove it and replace it. This is '17-'18. You were here earlier tonight. One of the presenters noted that the northeast corner of town had a lot of green lines in it. This is some of the reason why. This is '18-'19. This is'19-'20. '19-'20 has two slides. One of them was primarily the town center and the rest of them was residential. This is '20-'21. You'll note that some of the downtown is shown in this. The reason for that is we intentionally waited until a roundabout was done to pave the streets leading up to it or the primary access to the roundabout, so it will all be one new, big project. This is the remainder of '21-'22. Again, two slides. This is what we are doing this year. Earlier tonight you saw a lot of green from past decisions that were good in regards to pavement management and maintenance. All of that investment needs the right treatment at the right time. We are at the five- to seven-year mark, some cases a little over; closer to eight. We are doing the first treatment, which is crack filling and preservative seal to protect that investment that was made nearly eight years ago. This is a really big number right here over the past eight years. I think it's important, and I did not include these numbers to avoid confusing anyone. During the past eight years, SE million was spent, about 8.6, to totally reconstruct Saguaro. That was a bond initiative that was paid off in five years. Also back a little bit, to eight years and a little bit more, the intersection of Saguaro and Shea was completed. Just for boundary references, that is Saguaro just south of the Senor Taco and it was on Page 24 of 94 TOWN OF FOUNTAIN HILLS Page 25 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING Shea from Technology to the State Route 87 right of way. 52.7 million that was Prop 400 money. Also during this time frame, Shea was repaved from Technology to the Scottsdale border for a little over a $1 million. That was also Prop 400 money. I didn't include those last three, and they're really big numbers because I don't want people to get confused with the money that we use for pavement management and maintenance that's allotted by this council through the budget that's available and other funding sources that pay for those other types. Tonight we are asking you to consider approving an amendment to a contract that we've been using for several years to spend, primarily, federal government monies on the streets that are listed up here. With little to no exception, the majority of these are pre -incorporation roads that are in that backlog that you saw that are primarily unsavable by any other treatment besides full -depth reconstruction or a minimum of two-inch mill and overlay reconstruction. It's a lot of money. It doesn't look like very much surface until you get down deep and dig deep into that map. But it's a considerable amount of work. Any questions in regards to the exhibits that I just showed you? I'll do my best to answer them. MAYOR DICKEY: Thank you. Did we have any speaker cards on this item? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Any questions, comments? FRIEDEL: Go to motion. MAYOR DICKEY: Okay. FRIEDEL: Move to approve the fourth amendment to the cooperative purchasing agreement, C2020-065 with M. R. Tanner, in the amount of $5 million and any required budget transfers? MCMAHON: Second. MAYOR DICKEY: Thank you. Roll call, please. Page 25 of 94 TOWN OF FOUNTAIN HILLS Page 26 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? 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. Thanks, Justin. WELDY: You're welcome. MAYOR DICKEY: A night for roads and streets. Our next item is our discussion on issues surrounding homelessness. And this is for discussion only and to learn a lot. A lot is going on. I'll ask Rachael to please kick it off, if that's okay? GOODWIN: Sure. Happy to. Yes, this is a lot. It's a big conversation. Staff has worked for a number of weeks now, trying to get our arms around how to guide this conversation. So we have two presentations tonight. They're not light, and they are not easy, but I imagine there will be a lot of questions and a lot of conversations. So I want to encourage the council to ask those questions. We may not have answers, but we do have a number of stakeholders in the room with us tonight. First it's going to be Amy St. Peter with MAG. She's going to talk about homelessness in the context of the regional discussion. And then following her we will have Capt. Kratzer Page 26 of 94 TOWN OF FOUNTAIN HILLS Page 27 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING talk about some of the peripheral things and the secondary things associated with our community here. So with that, Amy? ST. PETER: Excellent. Thank you very much. MAYOR DICKEY: Thank you. Welcome. ST. PETER: Rachael, Madam Chair and Mayor and members of the council, thank you very much for having me here tonight. I've been here before. We deeply appreciate our partnership with you. It is critical, as we strengthen the regional response to homelessness, that we work very closely with communities. Homelessness looks different in different communities. It manifests differently. It's to a different scale. And as such, any kind of solutions around homelessness really need to be very closely and intentionally aligned with the priorities, the preferences, the attributes, the capacity of each and every community. So solutions inherently have to be customized. They have to be different for each community. So we really appreciate the leadership that you've shown in this space. The opportunity to work with you in a really collaborative way. My purpose here tonight is to share with you some data about homelessness throughout the region and to be able to share with you some of those regional efforts. And then to highlight some of the local activities underway as well. But we stand here in partnership with you. We are eager to help you in this conversation. It is multi- faceted. It is very complex. But we know that by communicating really constructively and closely on an ongoing basis with each other, we'll have a better response, we'll have a better outcome. So thank you very much for that partnership and I do invite your direction, your questions, your feedback, your ideas, throughout this presentation and as we move forward. So with that, I did want to call to your attention, a lot of the data that I'll be sharing tonight is from the homelessness management information system. We are mining this data, particularly on a quarterly basis, to be able to very transparent and to hold ourselves accountable, to be able to share their progress that's being made, and if Page 27 of 94 TOWN OFFOUNTAIN HILLS Page 28 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING progress is not being made, then we use this data to help us to realign our actions and to make any mid -course adjustments as needed. All of this data is available to you on the MAG website. It's available to your residents and to the residents throughout the region. So I encourage folks to go to the MAG website and there you can see the quarterly report, showing the trends in this homelessness data. And if you have questions about that data, please don't hesitate to reach out to us and let us know and we'd be happy to walk through that with you. So in terms of the data that we've polled from the report for your information for your discussion tonight. When we talk about how many people are experiencing homelessness right now, in our region we have just over 8,000 people. Those are people who staying in shelters, as well as those who are not in shelter but who, otherwise, don't have a place to call home. So it may be on the streets, or in the riverbeds or in their cars. Many of them are working. They're working full-time jobs and they simply are not earning enough money to be able to afford a rent or a mortgage. And so this is how it's broken out right now. You'll see that the total number of households, again, in individuals, it's over 8,000 people. But in terms of households it's just over 6,000. We have about 5,000 people who are single and on their own experiencing homelessness. And then we have families that are down at the bottom. We do want to share two -- we ask people what is contributing to their homelessness? Because the solutions to ending homelessness or addressing homelessness, reducing it, really have to be intentionally formed around the reasons why people are experiencing homelessness. Very often it's a multitude of different reasons. It's not always any one single thing. A lot of times it's because they don't have that support system. So if you or I were to lose our jobs, we likely would be okay. We'd land on our feet. We would be able to recover from that. When people don't have a support system, they aren't able to recover as well. And so we see the economic factors are the number one reason cited. And this data is from the Phoenix Rescue Mission. They're a very good partner in this base. We Page 28 of 94 TOWN OF FOUNTAIN HILLS Page 29 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING work with them very closely. They worked on this gaps analysis and they interviewed more than 700 — nearly S00 different people experiencing homelessness. So that's where this data is from, before you today. So when somebody loses their job, they don't have -- they're underemployed. They might be working part-time, when they really need to be working at least full-time but they simply can't find that job. So finances, money, they just don't have enough of it for various reasons. Health issues: substance use addiction is an issue, absolutely. As well as mental health issues, medical issues, disability. When people aren't able to work for a variety of reasons, they simply aren't able to maintain their housing. Also we find that there are family issues involved. We see, unfortunately, all too often, particularly among youth who are on their own. So minors who are experiencing homelessness on their own, most often is because they've been kicked out by their families. And very often they've been abused or neglected and then they were kicked out. So they've experienced a very hard time, while they still had a home. And they're experiencing an even harder time now that they do not have a home. Lack of affordable housing, lack of affordable rents or mortgages. This is absolutely critical. We find that, for example, older adults are disproportionately impacted by this as well. We find that there has been a 34 percent increase in older adults, people 65 and plus. If they're renting, they are living on a limited and fixed income and they cannot afford the significant increases in rent that we're seeing across the region in a very significant way. Other responses: people have been evicted because of landlord issues, the legal system. We do have some people who report losing their homes as a result of COVID. Often that's because they lost their job. We lost a number of lower paying jobs during the pandemic and we have not recovered those jobs yet. Also, again, if there's a disaster, an accident, we call it sometimes a flat tire syndrome. You get that flat tire, they get into a car accident, they incur those bills, they lose their job, they lose their housing, and then they're in this very fast spiral downward into Page 29 of 94 TOWN OF FOUNTAIN HILLS Page 30 094 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING homelessness, that's very difficult to recover from and to pull themselves out. I'm asked a lot, actually, well, what about the people who choose to experience homelessness? And four percent actually cited that as their reason. They said, yes, I'm choosing to experience homelessness. I'd like to offer that as a very temporary choice. Sometimes they aren't able to enter shelter, say for example, with their significant other and they don't want to split up. Other times, they don't fit the demographics of people who are being screened into that program. So it's a temporary choice, but some people do say, yes, I want to homelessness, basically. So we're finding that there is an increase in the number of people entering the system who are new to the system. They've never needed help before but they're needing help now. 34 percent of people entering the system right now are experiencing homelessness for the first time. So they don't know where to turn and they are new to this whole situation. And they're struggling. They're struggling to get back on their feet. They're struggling to access health care, and they're struggling to be able to obtain the housing and the stability that comes along with that housing. I would like to point out too, that when we're looking at homelessness, we find that if were looking at that from a per capita basis, that for every 25,000 people we have in the region, about 27 are experiencing homelessness. So that gives you an idea in terms of the scale and the scope that we're looking at right now. And this is really important to look at too. Our inflow is greater than our outflow. We cannot build enough shelter, or for that matter, housing, to be able to end homelessness right now in our region. So to bring this down into more of a bite -sized piece, for every 21 people that we have entering the system -- now, keep in mind if there's 21 entering the system, about seven of them are new to the system. They don't know where to go, they don't know where to turn. We only have ten percent leaving in a positive exit, and a positive exit is that they're going into housing. So if you think of like a funnel, we have all these people coming into homelessness, we aren't helping enough people to leave the system in a really positive way. And so they're recycling back into homelessness. They're staying in shelters for an extended period of time. Page300f94 TOWN OF FOUNTAIN HILLS Page 31 of 90 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING They're leaving on their own but they're not leaving for housing. And so that's very much an issue and something that we're tracking pretty significantly right now. When we look at where are people experiencing homelessness, it really is all throughout the region. It is in varying degrees. We see greater densities in some parts of the region, such as in some communities. We see very little visible homelessness in other parts of the region, but as you can see, throughout just about the whole region, there is some level of people experiencing homelessness. Now those blue dots are people who are experiencing homelessness on a chronic basis. That means that they've been experiencing homelessness for a long time. They generally also do have some kind of qualifying disability. So they're physically or mentally not able to hold down a job and they're not able to access housing because of that. The blue dots are people who are perhaps coming into homelessness for the first time or they've been experiencing homelessness for a very short time period. Now, I do want to point out that all of these interactions are from the outreach teams. So if there's not an outreach team serving a particular area, we don't have data on that particular area. So it is really critical to partner with outreach teams. Not only do they give us better data in terms of where are people experiencing homelessness, but they also build those relationships that can help move people into housing. Sometimes we'll hear from folks that they get very frustrated because they'll say, well, this person was offered housing and they said no. But they might not say yes the first time round because of the trust issues and because of the severe trauma they have likely experienced as they've experienced homelessness. And so maybe they say no the first time, but maybe they'll say yes a fifth or the sixth time. And in order to have that level of communication and engagement you have to have outreach teams. And so outreach teams are really critical to addressing homelessness and bringing them in to housing and helping them to maintain that stability. I do want to make sure that you're aware of all of the great data analytics that we have online on the MAG website. We have a lot of data about homelessness but also about housing. Because when we're talking about homelessness we have to be talking about Page 31 of 94 TOWN OF FOUNTAIN HILLS Page 32 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING housing. Shelters are wonderful. They're an important part of the solution. They're not the end goal though. If we put somebody in shelter, they can start to stabilize, we're not ending their homelessness though. So housing is a really critical factor on the back end as people are leaving homelessness. It's also critical to look at housing on the front end to try and prevent someone from experiencing homelessness as a result. So I'd like to offer some data that's a little bit more local in nature. So when we look at housing, across the entire region, not specific at all to Fountain Hills. We know that we've experienced a serious decline in affordable rents and mortgages for people. And that is not always, but can very much be, a precursor to them experiencing homelessness. Keeping in mind that if they're severely cost burdened, if they're paying more than say 50 percent of their income every single month just on housing; if something happens, an unexpected medical bill, an unexpected car repair bill, for example, someone loses their job and it takes them a while to find another job, they're more likely to experience homelessness. And so when you look at home sales that are for $300,000 or less, you've lost about half of that since 2011. The picture, though, gets more stark when you look at rents. So when we look at rents under $1,000 a month, that used to be the majority of your market back in 2010. You haven't seen rents under $1,000 a month for the past few years now, to any significant degree. We are seeing rents that are $2,000 or more per month. And when people are spending that much every single month, just on housing, it puts them in a precarious financial situation and makes them more vulnerable. And you can see what happens. Renters are the most cost burdened and they're cost burdened throughout the entire region. So that red color, that's more than 45 percent of the households living in that area, are cost burdened. It means that they're spending more than 30 percent of their income every single month just on housing. There's almost 300,000 people across the region spending more than 30 percent of their income every single month just on their housing. When we look at severely cost burdened households, they're spending more than 50 percent. And we have almost 150,000 renter households spending more than 50 Page 32 of 94 TOWN OF FOUNTAIN HILLS Page 33 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING percent of their income every single month just on housing. That leaves very little money for anything else, including food and medical care. And some populations, for example, older adults, we often see the older adults are choosing between: do I pay for my rent or do I pay for medication? I need my medication to live. I can't pay my rent this month, and then they're experiencing homelessness as a result. So for all these reasons and more, we started to strengthen the regional response to homelessness back in 2020. We worked very, very closely with you, with our other local and tribal governments throughout the entire region, to develop a regional homelessness action plan specific to local and tribal governments. In May of 2021, we had 14 strategies that were adopted that were broader in nature and very inclusive of a number of different sectors. In December of 2021, our regional council unanimously approved Pathways Home. Thank you very much for your support with that. We're excited to highlight that was a unanimous vote because that meant that every single community throughout the region was part of this process and they supported this plan. And they continue to support the plan in terms of its implementation moving forward. These are the three main areas of activity that are highlighted in this plan. Committing to work regionally, we recognize that we can do better and more together than we can do on our own. Homelessness is truly a regional issue. It's not up to any one sector and it's not up to any one community. And so it's being able, for example, to share data, to share resources, and we're doing that more now than we have before because of all of our local and tribal governments coming together. We can't stop homelessness without housing and so we have a goal of increasing safe housing options that includes temporary housing, such as shelter and rapid rehousing, as well as permanent supportive housing. We track our housing targets each month. The number of housing units needed to address the current need changes every month. And so we're updating that. We're working very closely without stakeholders. I do want to point out something concerning about the housing options right now. For temporary housing we've just about doubled Page 33 of 94 TOWN OF FOUNTAIN HILLS Page 34 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING out shelter beds since the pandemic. So that's good news because more people now are able to access shelter and they're able to start putting their lives back together. What's concerning is that many of those beds, the majority of those beds, are funded with COVID federal dollars which means that that funding will be eliminated in about two years. So we only have two years to come up with alternative funding or solutions to house people who are in those shelter beds right now and who will be in those shelter beds over the next two years. 5o we're working very closely with a variety of funding partners: public, private, nonprofit to try and make sure that we have a good plan in place so that we can continue to meet the needs that only continue, unfortunately, to increase. This work inherently involves multisectors and so we're working with very diverse partnerships to address homelessness. That includes health care, the criminal justice system, just a variety of different stakeholders, because again, it takes everybody working together to make progress in this space. And so communities across the region are responding. Some of them are enhancing the work that they've had maybe underway for a number of years. We have a lot of communities though, stepping into this space for the first time and trying new things. And we're seeing some really good progress there. We have some communities who are working very closely with our nonprofit partners, for example, to provide really critical shelter housing and services to people. Sometimes the local or tribal government is very directly involved, other times they might, for example, give the funding to another partner who can then contract with nonprofit agencies to provide those services. What's showing particularly good progress right now is that flexible funding to help people avoid eviction and to be able to acquire prevention resources. So sometimes people don't necessarily need support with housing but they might need help, for example, with daycare for a month until they can get their first paychecks and set up really good care. And then they're able to proceed on their own. So sometimes if people can just get a little bit of help at the right moment, its enough to keep them Page 34 of 94 TOWN OF FOUNTAIN HILLS Page 35 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING from entering the system in the first place. And I do want to thank you in regard for your support, particularly for that last bullet point: home is where it all starts. That is our new public education campaign. You helped to provide funding to support those regional media buys. Homeiswhereitallstarts.org is a website where you can go to access the information. We do have a toolkit available. We encourage people across all sectors to go to that website, to download the toolkit, and then really to use that. You can use that with social media, with your website, in your communications. We need to reshape the narrative around affordable housing; instead referring to affordable rents and mortgages, homes within reach, homes that meet our needs. Because we need to be able to have this conversation about homelessness, about housing; and we can do that if we develop a shared language that is more inclusive and really brings more people into that conversation. I do want to highlight a current program that's underway right now that's lifesaving. Our regional heat relief network is activated. That always starts with the first day that it hits 100 degrees. None of us are happy when it gets that hot and when people are experiencing homelessness, it's even less so, because they're very much exposed to the elements and many people lose their lives each summer, whether they're experiencing homelessness or they're working outdoors. Or sometimes, for example, they're living on a fixed income, they have a home but they don't have enough money to turn on those utilities and they die because they get so hot in their homes. So thank you very much for participating in the regional heat relief network. We are tracking who's able to offer water and to collect. So both to give water out to people who need it as well as to collect water donations and to be able to disburse that to agencies who can provide that support. Also the cooling centers, the refuge locations, those are really critical. Sometimes people just need to be able to come in out of the heat during the day and then they can make it through the summer. But this is a critical program that's only possible because of the support that's received from local and tribal governments like Fountain Hills as Page 35 of 94 TOWN OF FOUNTAIN HILLS Page 36 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING well as from nonprofit agencies and faith -based partners throughout the region. That is my contact information. That is my direct line. That is my email address. I encourage anyone to reach out to me if you have questions, ideas, comments, feedback. Would love to be able to continue this conversation with you and I would encourage you to go to the MAG website, check out the data that we have on this work through our homelessness team, as well as our data analytics, that are available thanks to our regional analytics division at MAG. That concludes my presentation. I'd be happy for any questions or feedback that you might have. Thank you. MAYOR DICKEY: Thank you, Amy, so much for coming. Do we have any comments or questions at this time from council? I'm going to wait on the other presentations because I think we have some more presentations, correct? And then we'll go with the cards. Yes. Councilwoman? TOTH: I did just have one question for you. Earlier in your presentation you had mentioned that many of them are actually working full-time jobs. I was wondering if you had the exact number in Arizona of how many are working full-time jobs but still homeless? ST. PETER: Right. Absolutely. So I can give you one example. The area surrounding the human service campus in downtown Phoenix, it's known as The Zone, 40 percent of the people who are living in The Zone have jobs. And that statistic surprises people because it's -- you know, sometimes it's hard enough to get up and go to work but even harder when you've been living in a tent in a situation that's really not ideal for folks. TOTH: So just to get a grasp on that. When you say have jobs, you mean full-time jobs for 40 percent? ST. PETER: They have a range of employment. It's at least part-time if not full-time. TOTH: Okay. And do you know what the number that correlates to that 40 percent is? ST. PETER: So in The Zone last time I heard, there were about 1,000 people, so it would Page 36 094 TOWN OF FOUNTAIN HILLS Page 37 of 90 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING be 40 percent of that number have jobs. TOTH: Okay. Thank you. ST. PETER: Thank you very much. MAYOR DICKEY: I wanted to -- I just was reading about Maricopa County getting $2 million in funding for homelessness services and they are directing some of that to A New Leaf which is fairly close to here, it's only 12 miles or so, and they're for shelter. And then the Community Bridges, U Mom, a bunch of others. Do you know about -- I know we have continuum of care, but something that's more like a -- we called it, I think, at one of our meetings, a one -stop shop where there's -- and I think San Antonio has that sort of a model, where -- and you kind of touched on it with the childcare, but they do resumes and haircuts and all kinds of things that is not just here's a place for you to stay for one night, but it's more of an overall area for services. Do we have anything like that in Phoenix or in our region? ST. PETER: Madam Mayor and members of the council, thank you very much for that question. The human services campus is one example of that. That's where you have a number of different nonprofit agencies with different areas of expertise who are co - located in one area. And that model was designed so that we could treat people's needs in a very holistic and more effective way. Also we'll find that there are smaller centers like that. So for example, there's one located within the city of Glendale. Often other nonprofits will offer either-- they'll offer those services directly or their case managers are able to refer out for those services. Case management is a really critical component of being able to offer those wraparound services. So we're moving more and more to that and most often, if someone is providing any kind of housing, whether it's shelter or permanent housing, they're also providing those wraparound services. MAYOR DICKEY: So probably you would expect that might have a better success rate than when you were talking about how more is kind of coming in rather than going out. And going out in a way that's sort of a permanent solution or some success there. So would you think that, I mean, they haven't been in existence enough to know if that would have a better outcome? Page 37 090 TOWN OF FOUNTAIN HILLS Page 38 of 94 JUNE20, 2023, TOWN COUNCIL REGUTAR MEETING ST. PETER: Madam Mayor and members of the council, absolutely. When people receive case management, they are more likely to be able to stabilize and to retain that stability. MAYOR DICKEY: And one last thing. So we have -- there are different levels and I know we're going to talk about different ordinances and such that have to do with law enforcement or code enforcement or those kind of things. Is there a contact that -- so say, somebody's not doing anything along those lines, but just to offer -- and I know we have cards from New Leaf and other things like that. Is there somebody even from MAG that would be a good contact. I know you are, but to say -- and none of these situations are the same, so say somebody's here. They can't go to New Leaf because it's after hours or such. Is there something that might be available even, no matter what time it is for us to get that information that might be helpful and maybe the law enforcement isn't always have to be the one that is dealing with it. Maybe it's some other group or some other folks or organizations? ST. PETER: Absolutely. Madam Mayor and members of the council, there are a number of resources available and sometimes, particularly with so many new people coming into the system, they don't know where to go. And so we're working really hard to make sure that people have access to the information 24/7. So for example, one tool that's available to you as a local government, is called HANDUP. It's Homelessness And Needs Data For Unified Planning. It's an interactive online tool. We'd be happy to provide that password to you and with that tool you can see where the need is in terms of people experiencing homelessness according to the outreach teams. But then also where are the resources that can be used to address the needs of people. And those resources cover a variety of different topics. Everything from food boxes to medical care to legal assistance, clothing, employment assistance, mental health treatment, substance use treatment. So that resource is available to you. Also being able to call or to go onto a website for 211, community information referral. They're a great resource and they have information, again, across a whole variety of different kinds of needs. Also if you ever did want to contact me, and I can also put you Page 38 of 94 TOWN OF FOUNTAIN HILLS Page 39 0/94 JUNE20, 2023, TOWNCOUNCIL REGULAR MEETING in touch with our human services staff at MAG. We can help you to connect with the outreach team who's serving that particular area. Because the outreach teams they can help to meet very immediate needs, but they can also, again, build up that relationship that's often so critical to people accepting services, that will result in them obtaining housing. MAYOR DICKEY: Thank you very much. And before you go, I wanted to just touch on MAG a little bit. MAG is a metropolitan planning organization and the NPO for this region. And it's, I don't know, about 25 cities, towns, tribes, and other organizations that are part of it. And a metropolitan planning organization is federally mandated, that is the only way to get the federal funds that we get for, well, these kind of programs. And I wanted to also mention that a typical council will address regional and municipal planning, economic -- I wrote it down. Community development, pollution control, transit administration, transportation planning, streets, human services, workforce development and water use. They also play a huge role in regional hazard mitigation emergency planning and as you can see, with all of the information you have, collection analysis, distribution of demographic and GIS data. You had a huge role in the census. And then, just from a Fountain Hills point of view, we pay, I don't know, 3 to -- I think it might be $5,000 dues to say, to join and to be part of this thoroughly mandated organization. In the last five years, our public works and for various projects, we've taken in more than $8 million just for the Town of Fountain Hills. So I just wanted to get a little bit of an overview because sometimes we say these acronyms and people don't always know what MAG is or NPO's or anything like that. And again, I want to thank you very much for coming tonight and if you can possibly stay, though. I'm sure we might end up with some questions. Thank you. ST. PETER: Thank you. SKILLICORN: Madam Mayor? MAYOR DICKEY: Yes. Councilman? SKILLICORN: Yeah, Madam Mayor I just have a question. I had heard about the cooling Page 39 of94 TOWN OF FOUNTAIN HILLS Page 40 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING centers. Where is the closest cooling center in Fountain Hills? ST. PETER: Madam Mayor, Councilmember Skillicorn and members of the council, I don't know offhand but I'd be happy to get that information for you and follow up. If you go to our website you can access the map and that includes it as well. But I'd be happy to follow up with you directly. SKILLICORN: And Madam Mayor, is this the same for the other care items? You know, you mentioned a little bit about -- in terms of from the helping create resumes and things like that. Where are these located in geographic terms to Fountain Hills? MAYOR DICKEY: One of them, at least the one that I was talking about was A New Leaf and you know a lot about that, and that's just right at the -- well, it's close. Yeah. I don't know whether you can say where these places are but that one is close. The other-- it's not the Bridges. There's on with the word bridge in it though, that we can use that they can -- ST. PETER: New Bridges, Mayor? MAYOR DICKEY: Yeah. I think that any time of day you can use that one. I think A New Leaf -- and A New Leaf has other services also but they do have hours. I know that vice mayor knows a lot more about that. And then we just got -- and I know Capt. Kratzer will be up here. And we have a good information sheet from MCSO about that, Allen. So maybe we can get more of that information and the actual locations to you. But they're in the proximity. ST. PETER: Madam Mayor and members of the council, I'd be happy to provide the information for HANDUP, for that interactive tool and then you can go into very specific geographies on the map. And you can see all of the resources that are right around you. MAYOR DICKEY: Very good. Very good. That will be helpful. Thank you. Anything else? Thank you very much. ST. PETER: You're welcome. MAYOR DICKEY: Rachael? GOODWIN: All right. That brings up our next presenter, which is Capt. Kratzer. I'm Page 40 of 94 TOWN OF FOUNTAIN HILLS Page 41 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING going to -- in advance, he put a -- there was a lot of time and effort pulling data and putting together quote a bit of comparative analysis. So I know there's going to be a lot of graphs and a lot of information in this. So I want to encourage, if there's questions about it, what we're looking at and understanding it. This took a lot of time so I expect it will be very informational, but also it's a lot of information in and of itself. So in advance, Thanks, Captain. KRATZER: You're welcome. Let me get this open and then I will — Rachael, I know you said you were going to spoon-feed this to me. There's two PowerPoints open at the bottom and neither of them are mine. GRZYBOWSKI: Madam Mayor, while he does that. I'm playing around on what I think is what Amy was referring to, the 2023 heat relief network. If I understand this correctly it looks like the library is considered a cooling center and that's all we have in Fountain Hills. Anyway, the library is considered one in Fountain Hills. MAYOR DICKEY: Thank you. Thank you, Captain. And again, I want to confirm what Rachale said. To thank you for putting all this information together for us. KRATZER: You're welcome. Good evening Madam Mayor, vice mayor, members of the council. I first want to give credit where credit is due. Our criminal research analysis unit put this together for the town and for me, at my request, based on the upcoming conversation. So I can't say that I spent a lot of time behind the computer doing this because I don't' really have the knowledge or ability to do that. And so with that being said, as we go through this presentation, if there are questions that are more technical in nature of where the data came from, specifically, and I'm not able to provide the answer, I will definitely get that back to you after speaking to the analyst who created the crime report. So I want to start off by saying thank you for having MCSO as part of the discussion. We are definitely a part of the issue and the topic here and I just want to reiterate that we are a part and not the solution. And I know a lot of times there's some frustration when people call MCSO about an individual who might be homeless who they think might be Page 41 of 94 TOWN OF FOUNTAIN HILLS Page 42 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING trespassing or loitering and there are times where we are not able to take action due to a laundry list of things. But one of the big problems is, is some of the requirements in the law is that we have a victim and that victim has to be willing to head the prosecution. So if someone's on private property, there's some hurdles there. That person, that business, that establishment, the property owner has to be willing to, and want that person removed. So one of the things, some of our efforts that we did do and when some of this discussion was coming up a year or two ago, was meet with a handful of the local businesses around town, some of the local churches, where we knew some of the problems were a little more persistent and we discussed with them some of the things that they had the ability to do. That they could call MCSO if they had a subject there that they didn't want on the property, or that were bothering patrons. And we just ensured that they had the knowledge and understood what their rights were or what they could do. Because I think some businesses or some people were not aware of what they could or couldn't do. So anyways, let's get into this. And some of this information is a little technical, so if there's some of the things -- some of the things in here we won't spend a lot oof time on but if there are questions I'm happy to answer. 5o we're going to cover the uniform crime report comparisons. And so uniform crime reporting, that's an FBI program where police agencies share data of their crimes committed in their areas. And that's how this report was used to compare Fountain Hills to some of the other jurisdictions in the Valley. Because a lot of those jurisdictions share crime report data to the FBI. We'll talk about some policing activities and then some police contacts. So the first slide we have here, this is a three-year lookback of crime, 2020, 2021, and 2022. We're comparing Fountain Hills to Scottsdale and what you'll see is population across the years for the Fountain Hills to the city that's being compared, so Scottsdale, in this slide. And then you'll see violent crime. That's the first column after population. You'll see that violent crime is made up of homicide, sexual assaults, robbery, and aggravated assault. Per the uniform crime reporting, that is what makes up violent crime and then the next category is property crime. And that is made up of burglary, Page 42 of 94 TOWN OF FOUNTAIN HILLS Page 43 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING thefts, auto thefts, and arson. So again, you'll see the three years for Fountain Hills. You'II then see the three years for Scottsdale. You'll see the total number of incidents, homicides, sexual assaults, robbery, aggravated assaults, and so on. And then, at the bottom to make it more of a comparison of apples to apples, where it's not -- when we're comparing Fountain Hills' population of under 25,000 to a city like Scottsdale, with a population of about 240,000 it's not easy to compare what that looks like unless you do some other form of analysis. So that's what our analyst did. She broke it down. Thank you very much. She broke it down by rate per 1,000. So these crimes occurring per 1,000 residents. And that's the number you see there. So you'll see the three-year breakdown again and then you'll see the three-year average in the yellowish column below. 5o looking at Scottsdale compared to Fountain Hills you'll see that the homicide per 1,000 in Fountain Hills, fortunately we had zero homicides in the three-year period from 2020 to 2022, whereas Scottsdale had 17. When you look at that breakdown below it looks a little bit, it doesn't make a lot of sense, because it's showing zero for Scottsdale, zero for Fountain Hills. Again that's a rate. That's because the mathematical equation and the way that works out when you divide it. It goes to the 100's mark and you can't put a one there or even a ten spot. When you look at sexual assaults, you'll see Fountain Hills compared to Scottsdale, pretty much it's the same being -- not broke down into its full decimal. Robberies, .1 in Fountain Hills, compared to .3, Scottsdale. Aggravated assault, we look at .7 in Fountain Hills per 1,000 and 1.1 for Scottsdale. And then when we get to property crimes, total 12.1 in Fountain Hills, compared to 21.3 in Scottsdale. And then your breakdown of burglaries, theft, auto theft, and arson as you can see on the slide. The next one we look at: this is just a graph that makes it a little bit easier to visualize. Comparing each of the crimes and the rate. You'II see, it's hard to see from the slide but under homicide, even though it shows zero for both, there is a tiny bit of shade under Page 43 of 94 TOWN OF FOUNTAIN HILLS Page 44 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING Scottsdale in the orange column for homicide, just to indicate it's not one, but it's less than. So that just gives the visual. We're going to do the same now with Gilbert. Same exact model here. We look at the three-year crime stat comparisons. We were quite a bit closer with Gilbert. And a lot of this talk came from some of the safe city discussion we have and the safe zip codes. And we're unable to do a comparison of safe cities, safe zip codes, other than this, the data collection. There are some private industries out there, real estate companies, who will do some level of analysis and come up with some sort of statements of this is the safest zip code or the third safest zip code. It's not something that law enforcement does. But comparing Fountain Hills to Gilbert, you could see where we compare against them in terms of looking at the bottom reports per 1,000 people, violent crime overall in the three-year average is a 1.2 to a 1.2 to Gilbert. Same thing with homicides. We had zero. They had 17. Sexual assaults, we're at a .4, they're at a .3. robbery, .1, .1, equal. Aggravated assaults we're slightly under them with a .7. They're a .8 per 1,000. Property crime, we're a little bit above Gilbert, 12.1 per 1,000 compared to 10.5. and then there's the breakdown associated with that. If there's any questions as we go, feel free. This isn't going to all be numbers like this. We'II start getting into a little bit of different topics. This is just giving a snapshot. Here's the graph that shows just the more -- it's easier to visualize in this area. And then we did some additional analysis with some westside agencies, cities. We didn't put those in here just for the sake of -- we have the data, if council is interested in seeing the raw numbers. This just kind of cuts it to the graph part where he can see the visualization there. So here's the comparison from Fountain Hills to Peoria on crimes for 1,000 people. You could see we're quite a bit lower in most categories than Peoria per 1,000. The same for Glendale. This is Glendale. You could see how Fountain Hills compares to Glendale in the uniform crime reporting stats. And then, Anthem is a area that MCSO covers. So this incorporate -- they're an unincorporated town but this compares crime Page 44 of 94 TOWN OF FOUNTAIN HILLS Page 45 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING stats to them as well. And then we'll move to police activity. Was there any questions on any of those? I know it was a lot real quick. But if there's any questions on that comparative data, I'll be happy to answer, else I'll just continue on. MAYOR DICKEY: I just want to thank you because I know that we did talk about this and there are those things you see online about they want people to move to the top safest communities and whatever in whatever states and they are mostly, like you said, they're private. They're maybe even trying to get you to move somewhere or not move somewhere. So I just wanted to tell you that I appreciate that. And also that at least, to me, it doesn't look like there's too much of -- nothing really stood out with any of that except the status quo. KRATZER: Yeah. I agree. I think the three-year crime stat picture of Fountain Hills, especially when you compare it to other cities and towns, places like Gilbert, Scottsdale, I know, Fountain Hills is oftentimes compared to Scottsdale for a bunch of different reasons or categories, we felt like that would be an important one to kind of show what that picture looks like per 1,000. MAYOR DICKEY: Yeah. Appreciate that. KRATZER: Okay. We're moving to policing activities. This is just over the same three-year period, calls for service versus deputy -initiated calls. So this is just a graph that shows -- in the green you'll see the calls for service. So those are the calls that people actually initiate to our, either 911 system or our non - emergency number. Year over year, not too much of a change in calls for service. And then the blue is the on -view activity by deputies. 5o that's during their downtime, the things that they're initiating themselves. You could see over the three years what those numbers look like. It went from 7,132 events, dropped down to 6,660 in 2021, and then, in 2022, last year it went up to 7,508. The analyst says basically, from no significant increases occurred in calls but there was an increase in initiated deputy activity. Then we move over to total reports by call for service. So the difference here is calls for Page 45 of 94 TOWN OF FOUNTAIN HILLS Page 46 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING service that we receive or that deputies initiate that result in a report. 5o we go on plenty of calls where there is no crime committed or there was no reason for a report to be generated. Our policy dictates what reports will be written; basically, it's any allegation of a crime being committed. We'll take a report and deputies will sometimes err on the side of caution and take an informational report for other things. So the three-year picture of that, you can see how the reports for calls for service went. It dropped by about 300 over 2021, compared to 2020, and a little under that for 2022. However, deputy -initiated activity; the reports for those calls increased. And those would be like the deputy did a traffic stop and the driver had a suspended license or a warrant, then that would initiate a report on -view activity. Or if a deputy was driving through a business complex, saw a broken window, stopped and investigated and determined there was a burglary; that would then initiate a report. MAYOR DICKEY: I wanted to point out that -- and we always had this conversation when we get our monthly reports about cases and such, that these that are deputy initiated actually reflect maybe a different -- more stepped up one way or the other. So like, we saw this huge -- and I don't think you do reports for speeding tickets, necessarily. But we did see like this huge jump in that. But that was a reflection of what we had asked to go out and be more active when it comes to that. So it's always hard to interpret when you see numbers go up whether that's good because you're actually finding more and taking action on them, rather than increased activity. It's almost like, more of an outcome -- of a good outcome. KRATZER: That's a good point because I just kind of assumed that people would have understood that it was initiated by request for additional enforcement or when we did the study and we saw the amount of downtime that was being reported deputies and the push for okay, we've got increase our downtime on -view activity. So those are in direct correlation with that. I wouldn't necessarily say it was in correlation to increased crime or anything. I don't' have that official breakdown to say that for certain but it was definitely responsive to the request of increased enforcement. We're moving on to -- these are the top ten report types. So these are calls for service Page 46 of 94 TOWN OF FOUNTAIN HILLS Page 47 of94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING that have resulted in a report. These are the top ten calls that resulted in a report over a three-year period combined. So our number one call for service that resulted in a report over the last three years is vehicle crash with no injuries. You see how high that kind of compares to everything else. Next, followed by criminal damage. You'll see that the criminal damage is in yellow and then a couple for the other ones are in yellow. We'II delve into those just a little bit more because those ones had an increase over the three-year period than the other ones did. Found property, theft, fraud, or a con game, assault, identity theft, attempted suicide, traffic violation, and then burglary from vehicle. So it says a comparison of 2022's top ten report types from previous years, noted an increase in 2022 in the area of criminal damage, attempted suicide, and burglary from vehicle reports. So this is a criminal damage yearly report count that was one we saw an increase over the three years, criminal damage. You'll see that the peak of that was in July 2022, with 20 incidents. And then, so green is 2022; orange is 2021; blue is 2020. It might be hard for the audience to see that. One of the notes that the analyst made was criminal damage reports peaked in June and July of 2022. A review of these reports did not find that specific criminal pattern or trend. The event types were a mixed result of residential property damage, vehicle damage, graffiti, and political sign damage. Over across all years, graffiti and criminal damage calls were greatest in July of 2022. All right. We next move to a map of incidents, of graffiti and criminal damage -- criminal damage graffiti reports. So it broke it down more into graffiti calls. 29 reports from 2020 to 2022. The frequencies of these incidents appear nearest to parks, Fou Peaks Park, businesses along east Avenue of the Fountains. I think Rachael, in her time as the park and recs director, can attest to the damage that occurs at the parks and the graffiti calls. Kevin as well. July peaks, possibly related to summer break with students being out and there's been a lot of those graffiti -damaged things at the park tend to be done by juveniles. Then, they break down the increase in the attempted suicides. So from 2020 to 2022, Poge47 of94 TOWN OF FOUNTAIN HILLS Page 48 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING attempted suicide reports increased. So you can see that increase on the first column on the left there. Green being 2020, blue being 2021, and then, the orange being 2022. And we had 54 reports of attempted suicide compared to 33 and 34 the years prior. When you break it down to -- so a suicide attempt is just that. It's not a successful. It's an attempt. It could be someone ingesting pills or other means. But then the actual suicides, you can see the increase there as well. Three, then five, and then eight in 2022. The next slide shows the total attempted suicide report on a graph. It says spring and holiday seasons have increased reports for attempted suicide. The good news is the current 2023 preliminary report shows a decrease in both: suicide attempts and suicides. 5o we're on a trend where that's coming down for the year of 2023. Then it breaks down vehicle burglaries and this shows, kind of, the hotspots. Burglary from vehicle reports did not have any significant change by month in 2022. From 2020 through March 31st of 2023, burglary from vehicle reports were mapped. Frequency of the activities occurred most at business districts as well as apartments and along the main outlet roads. And that's consistent with what we know and see and try to share with the public. And then one of the notes the analyst made was that nationally catalytic converter thefts were still an ongoing problem and we continue to see an increase across the country. And then, on this one, it just shows the breakdown of how they're mapped. And that one to three incidents are in the smaller circle, four to five, and then it goes up to eight to nine; which shows you where those incidents are occurring at. What we're going to move into now is probably more in line with the topic of conversation we're having tonight. MCSO, and as far I know, no other agency in the Valley, tracks crimes by transient or homelessness individuals. It's just not something we do as an agency. It's not anything I'm aware that other agencies do. The best we could do in trying to find some data that might correlate to crimes that might be more often occurring by those who are homelessness, the way our analyst was able to search this, she looked at the three-year period, 2020 to 2022, just like the rest of the data. Page 48 of94 TOWN OF FOUNTAIN HILLS Page 49094 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING And she listed it as arrested persons who listed a residence -- so we call them a resident, 94.6 percent, compared to arrested persons who listed no residence, by 4.3. So what that's saying in a nutshell is that people who provided an address when they were arrested, this is the total arrests over three years where they were formally booked into jail or charged with a crime; whether it was through citation or a long form submittal. 94 percent of those people provided an address. And so we assume with that that they were not transient, not homelessness. 4.3 percent of the people who are arrested out of those total arrests, didn't provide an address. Now the disclaimer to that is, that could be that the person decided just to not give the deputy an address or it could be that they were transient or homelessness. The data included anything in the report that did say transient and/or no address provided or refused. And so we make some assumptions there. And it's not uncommon, at times, for someone to refuse to provide an address when they get arrested. They don't have to provide that. There might be some ramifications down the road in terms of being released by a judge on your own recognizance or your bond; but people do have the right to refuse that. So that's the closest we could come to an analysis. We're going to move to -- this is going to probably really challenging to see for the audience, but this breaks down the arrest over those three-year periods and it breaks it down by the address provided versus no address provided. And what you could see is the green are -- when it's coded green over the years, so 2020, 2021, 2022, and then she did go into 2023, the current date; what percentage. So again, our percentage that we found over all arrests for the three years was a 96 percent for those that had a residential address provided and only 4 percent for those that didn't. So we tried to see was there any kind of correlation between crimes that were being committed by, you could say, transient folks or homelessness individuals. And you could see in the red -- that's indicated by red -- there were some crimes in here that warrant arrest in 2023. 27 percent of those arrests were by folks who didn't provide an address, whether that meant they were transient or not, 27 percent was the number for that year compared to what the norm was, was 4 percent. So there was an increase in that. Page 49 of 94 TOWN OF FOUNTAIN HILLS Page 50 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING Assaults in 2022, there was an increase compared to the norm of 4 percent, up to 13. We saw criminal damage in 2022 be a little disproportionate to the number, and so on. And then the ones that are in green, excessive speeding, those were 100 percent across the board throughout the three years, plus 2023, of those who provided an address. So there was no four percent of individuals committing those crimes. And that happens in a couple of other areas. Driving with a license suspended or revoked, it's close on drug violations for them being people -- three out of the four years of people who have an address, that you're presuming aren't transient. So this is just a breakdown and you can delve into those a little bit more as you look across. And the threshold that she provided was, there had to be more than four arrests in those three-year periods for those crimes for it to be analyzed and be included in this. So there were some crimes that had less than that, that weren't included in the breakdown. And even four is pretty non -- it's a small number, so it's hard to say. And you can see how small some of these numbers are where we provided breakdowns. I mean, we're talking 11 arrests on the warrant arrests, and there's some that are even fewer in there. So I don't know how helpful that is to this conversation, but it was the analysis that we could provide that looked at overall crime data for three years, where we tried to give a breakdown of maybe some of those crimes that were being committed by folks that you could deduct from this that, potentially, may be homeless. So if there are questions on this, I'd be happy to take them and then I would like, after this, to just bring up our behavioral health co -responder. It's a new program MCSO is doing. Tarryn Mingey (ph.) is here tonight and she's the head of that program. And she can just talk for just a couple of minutes. And I think she could answer some of the questions that some of the council had or even talk on some of the things that that program does and provides to deputies and the community, but also resources that deputies can use. 5o one of the things we always talk about is like, homelessness alone is not a crime. So there's not anything that law enforcement can do if someone's just homelessness. We Page 50 at94 TOWN OF FOUNTAIN HILLS Page 51 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING get calls that there's a homeless person on the sidewalk with a sign. And if they're not on private property and they're on public property, there's not much we can do. A lot of times we will still go out and talk to those individuals, if someone has a concern or depending on what the call says. And there's times where they want resources and there are times where they don't want resources and there's times where they don't even want contact from law enforcement. So those are all kind of the challenges we deal with when dealing. But I think when I'm done and you guys have the opportunity to ask some questions, I could bring Tarryn up here and she might be able to just talk for a minute and introduce herself and answer a few more questions. MCMAHON: Thank you very much for the report. It's a lot of information. But given your knowledge about the homeless in town, et cetera, you really can't pinpoint that homeless people are criminals or automatically look at them as criminals, et cetera. Or that there're like a lot of criminal activity going on in town due to homelessness, right? KRATZER: Yeah. I don't know that. I don't think that I'm qualified to say that. I don't know that the data show that that's the case. I mean, again, it's the data that was collected and we were able to run it, not completely thorough and adequate but with the way we're able to run it we were looking to see if there was any trends for this conversation, because of some of the talk and the discussion and belief that maybe there are some crimes that are occurring more frequently by that population. We were trying to see if the data supported that or not. And I think in that four-year picture, it's three and a half, because this year is not fully over. That breakdown, I think, was kind of telling in that. And again, just to be fair on the topic, there could be individuals who did commit some crimes that provided an address and we wouldn't know whether they were homeless or not. So it's not a foolproof way of vetting out that system, but in the data and the way we were able to look at it and review it, that's not what jumps out at me. MCMAHON: Okay. Thank you. Because if somebody's staying with a friend or a relative or something, for some reason they get arrested, they may not want to give that Page 51 of 94 TOWN OF FOUNTAIN HILTS Page 52 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING information out, et cetera. So it's not necessarily that they're homeless. But as you can see, and take from your report, it's not an exact science. It's very complicated. So thank you very much. I appreciate it. KRATZER: You're welcome. MAYOR DICKEY: Councilwoman? TOTH: Do you currently have explanations for the increase? So while I understand that that four percent back in the day also didn't necessarily include homeless people but that increase from 4 percent to 27 percent is a lot. KRATZER: So-- TOTH: You had mentioned earlier, when we were looking at that larger graph, so that slide right there. KRATZER: Yes. TOTH: You had mentioned that the previous number of no address provided compared to the new number was a 27 percent as opposed to 4 percent. KRATZER: Councilwoman Toth, while I think I succeeded at thoroughly confusing, probably, a lot of people; I was specifically talking about in the year 2023 where it's talking about warrant arrests. The standard -- what we found in total arrests was 96 percent of arrests, total arrests for that whole three-year period, that was -- the 96 percent were by those who provided an address. Four percent were those who didn't provide an address or were listed as transient. In this one, specifically, warrant arrests for 2023, year-to-date of all warrant arrests, 27 percent of those arrests have been by folks who don't have an address. So is that what you're speaking to? TOTH: Yes. And let me actually clarify that question. So if you have a warrant but they didn't provide an address once arrested, how did you find them in the first place? KRATZER: Well, that could be for-- I mean, if we get a call for service and we go and we have contact with an individual, we run that individual to see if they have a warrant. If they come back with a valid arrest warrant, then we take them down and book them. We then have to provide all of that information in the new booking: their name, their Page 52 of94 TOWN OF FOUNTAIN HILLS Page 53 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING date of birth, any address that they're willing to list. So that would be new information provided during that arrest; does that make sense? Am I -- TOTH: Yeah. Absolutely. So the increase that I originally asked about. In 2022, we have 95.2 percent versus 4.8 percent. KRATZER: Okay. TOTH: And 2023, we have 72.7 percent, versus 27.3 percent. That 4.8 to 27.3, in one year's time, seems like quite the increase. KRATZER: Yeah. And it's hard for me to speak to that just because of all the nuances that are in the data, in terms of MCSO not collecting tracking data for homeless versus transient versus nontransient individuals, with all the flawed data. I mean, this is just a snapshot. I can't explain that increase. I don't know how to answer that. I don't know if truly there are more individuals out there who are currently homeless, who have more warrants than the year before. Or if it's some of the other nuances where the person is like, well, I'm not going to give you my address. Or one of the other things, that when we talked about this, one of the things I had written down was, if a deputy failed to put that in the booking paperwork, the address for a person. That probably wouldn't happen in 2023, because we've corrected those issues where deputies maybe failed to put down a listed address. So it probably wouldn't be what would happen in 2023. Now, if you're looking back at 2020, that's possible, where quality control maybe wasn't as focused on. TOTH: Okay. Well, thank you, Captain. If you don't mind, I have one other question. Captain, as you know, we are here today to figure out a possible update to our town ordinances. Something you mentioned in the very beginning of your presentation was that a lot of times there's not necessarily a victim. In which case, in some cases, is because the town doesn't have an ordinance that would allow you to act. Specifically speaking, what are some things that maybe you've seen in other communities or ideas that you've come up with that you would suggest to empower you to be able to act more often? And I understand that still wouldn't affect when private property is the case. Page 53 of 94 TOWN OF FOUNTAIN HILLS Page 54 of 94 JUNE 20, 2023, TOWN COUNCIL REGUTAR MEETING KRATZER: Councilmember Toth, we've talked to some other local law enforcement agencies about how they're addressing some of the homelessness issues and enforcement within the communities. And I know, Aaron has talked about an aggressive panhandler ordinance that, I think, Glendale has. I can't remember what city has that. But I mean, it depends on the verbiage that is put in the ordinance and what the ordinance addresses. There's plenty of laws right now that we utilize when dealing with certain crimes, like littering, loitering, criminal trespass. There's a town ordinance for criminal trespass. Most deputies usually use the state revised statute for criminal trespass. But we have those tools there. I don't know of specific ordinances. We haven't had a lot of conversation, yet, about what an ordinance might look like by the town if they were to create one. Are we talking about panhandling? Are we talking about -- I don't know of an ordinance or a law you could pass that just says someone -- that deals with homeless individuals. I don't know what that might look like in terms of outside of the typical violations you might have of someone being on property that they shouldn't be on or don't have permission to be on. Someone littering or loitering. I think in the past we've talked about individuals being in the median with signs, panhandling, and whether or not the town could adopt an ordinance that would allow us to not let them be in the median and if they are, then we could move them along. But there's plenty of case law on public property where I don't know if the town has the ability to prevent folks from being on public property and public places. MAYOR DICKEY: I think Aaron might have something to say. KRATZER: Yeah. And I'll try not to step on Aaron's toes too much. But we enforce the ordinances. We don't come up with the ordinances. So we can assist in that process, if asked. But we don't sit back and write the ordinance and say, hey, pass this so we can go enforce it. If that's decided by the town, and it's determined to be applicable and constitutional by the agency and the Maricopa County Attorney's Office, we'll enforce that ordinance for the town. TOTH: Thank you, Captain. Page 54 of 90 TOWN OF FOUNTAIN HILLS Page S5 090 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING KRATZER: You're welcome. MAYOR DICKEY: Aaron. ARNSON: Thank you, Mayor and Councilwoman. To your question, I think Capt. Kratzer said it right. You're not going to find in any other municipality an ordinance that deals with homelessness specifically, and that's kind of because of what Capt. Kratzer said at the beginning. That status crimes, like the regulating someone based on their sheltered or unsheltered status, don't exist in the United States. What you'll typically see in the vast majority of cities and towns, including here, are ordinances that apply, sort of neutrally, to all individuals. But that may he crimes or may be civil citations that you commonly find in the unsheltered context like, for example, obstructing the right of way or overnight camping prohibitions within the right of way or on public property. You might find loitering ordinances. You might find public urination ordinances. Those types of things that whether citable under state or local law, do typically bleed into the homelessness space. So when we're looking at those kind of ordinances, there won't be and cannot be anything that specifically says homelessness is not allowed in this space. Because that's not how we regulate homelessness in the U.S.; we regulate it based on a person's conduct as opposed to their status of existing. So I don't know if that was helpful as a follow up. TOTH: Right. Thank you, Aaron. Just to clarify, I mean, in cases where there's a call and there's an issue, when -- if we can explore ways to ensure that that conduct is being properly -- ARNSON: Yes. And if I can add, and Larry, you've certainly -- Capt. Kratzer, you're certainly able to respond to that as well, of course. This is something that we hear, and I'm sure MCSO hears across the board, of the tools all being there but sometimes the difficulty being once MCSO, or once the law enforcement agency respond, who's there and who was a witness to it, and is the person even still on site and present, and is someone willing to serve as a complainant, you know what I mean? So you do deal with those enforcement issues on the backend and that is not unique to Fountain Hills. That Page 55 of 94 TOWN OF FOUMAIN HILLS Page 56 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING is going to be universal throughout whatever community you're in. It's a challenge. But we can work on those ordinances that get us to a spot where it gives us greater tools to respond. Whether we can actually get all the pieces to line up at the end of the day is a different story. But we can work toward that end. Yeah. KRATZER: And Councilmember Toth, if you don't mind me responding? I think that a lot of times when we go to calls where we are dealing with homeless individuals and someone has called, whether it's a criminal trespass or littering. Some of the challenges we have are kind of what Aaron talked about, about having someone who has standing on that property, who doesn't want that person there or it being private property. We had a recent incident where there was a subject in a wash. We got a call. Deputies went out. They talked to the subject. Deputies are aware of the town ordinances about the use of the town washes. We have a map now from Justin Weldy with the town. And that's almost like mathematical equation trying to figure out which washes are privately owned, which washes are town owned. And we did cite that individual for being in the town wash, only to find out that he was on a private wash and we had go to back and resend that citation because we had that wrong. And so those are just some of the challenges. And basically, what I'm getting to is I don't know of a situation we've ran into where if there was an ordinance that was written in a certain way it would have given us the ability to charge that person with something because the state law wasn't comprehensive enough or there wasn't something that was there in toolbag that allowed us to take a different approach. Specifically, I can't think of a scenario that would happen with, other than maybe, if there was something that was passable for the median. Someone being in the median and blocking that. Because we do have if someone's going into the roadway, stopping cars and getting money, we could enforce that. There's a state law for that. The number of times that's happened, we've had reports of that but actually getting there, having the person say, hey, I've seen them. We talked to the person. They said, yeah, I did stop traffic and I did go -- I mean, that's a perfect scenario that really never happens unless a deputy witnesses it. So just all those points. Page 56 of 94 TOWN OF FOUNTAIN HILLS Page 57 094 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING And then, just in this conversation. Bringing the court into it and the town prosecutor, because they do have some challenges as well. And that's no to say we wouldn't look at it or the town shouldn't look at passing an ordinance that the council gives them direction to, but they have to be onboard, especially for a town ordinance and the prosecutor being onboard to say, okay, MCSO is good at enforcing this. We are good at charging this or going to trial on it if we need to, with all of those parties involved. And I know that this discussion is getting to the point to see if there's any ordinances that the town can pass or desires to pass that is then workable for everyone and makes sense. MAYOR DICKEY: Thank you. I wanted to jump in on the numbers thing and then I think Ms. St. Peters had something to add. The 27 percent, that's three people. So what kind of a -- this chart has percentages but then it has actual instances. So it's not the easiest thing to follow because you could have one warrant one year and two the next year, and that's a 100 percent jump. 5o I think we have to keep that in mind. There's 11 total warrants and three of them were people that didn't give their address. So not only do we not know does that mean that they're transient but it's three people. So I don't think we need to overreact or-- I don't mean that you did. But all of these percentages are a little bit difficult when you look one over at the number. So you got a 100 percent are with an address provided, okay. So the drug violation 100 percent, but its one person. So I think when we're dealing with Fountain Hills and the number of actual incidences, then they get skewed, almost like the roads did, by using percentages. So we almost have two different ways of measuring here and one chart. Also, if you look down there's a lot of black, and so it's a little bit hard to know what that means. There's some red, there's some green, but there's a lot of black. So on the top, like, say, for example, the drug violation, 100 percent. I mean, I'm sorry. Aggravated assault, 100 percent, in black, two people. But that should be in green, I think. So I think that maybe this particular chart, we could do some more analysis of it. But I don't' want to overreact to what this chart is saying percentagewise. Same goes with all those zeroes. If you add all those zeroes up, you're not going to get that 8.7 percent Page 57 of94 TOWN OF FOUNTAIN HILLS Page 58 of 94 TUNE 20 2023, TOWN COUNCIL REGULAR MEETING number there at the bottom. So this is the kind of thing that -- what we're trying to do is not easy to do, which is drill down on what we're reading, what we're hearing and say no, this is the reality. There's one incident or two incidents. And I think we have to try and figure that out in a way that is exact, and we can't. I wanted to ask Amy to come up because she had given me — I think, it had to do with what Hannah had asked about and then, go ahead after that, Gerry. ST. PETER: Mayor and council, thank you very much for the opportunity. I was going to point out too -- and it's tough with looking at the data to look at big percentages increases, but then it's going from one person to three people. So yes, it's important to really dive a little bit more deeply into those numbers. I did also want to comment though. We've had some really good and seen some really, really good progress being made with law enforcement, particularly when they're paired with nonprofit agencies. Because for law enforcement, they weren't hired to be social workers. Right? They're here to keep us safe and they do a very, very good job of doing just that. And so sometimes they're often the first point of contact with someone experiencing homelessness, which means that that's our first opportunity maybe to engage with them and to bring them into really lifechanging services and housing. But that doesn't mean that they have to be social workers in that process. And so we've seen some really good successes when we're pairing law enforcement, say with Community Bridges. We had talked about them before. It's a nonprofit. They have great services. They also have peer support. So it's people who have experienced homelessness themselves, and then, their employed to help other people experiencing homelessness, they can kind of speak their language, they can relate to them, they're very approachable, and they're very, very good at building that trust and building that rapport. And so Community Bridges is just one agency, it's one option. Phoenix Rescue Mission also has very, very good outreach teams. But when we compare law enforcement with nonprofit agencies who specialize and who are the social workers, then law enforcement can do what they need to be doing and the nonprofits can step in with the expertise and they provide that connection. And so that's a really, really good Page 58 of 94 TOWN OF FOUNTAIN HILLS Page 59 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING strategy. Another strategy that we're seeing too, more so on a kind of, that carrot and stick. Is that sometimes when people experiencing homelessness have been charged with an offense, we have a regional community court system. And so, again, sometimes it can be tough to get people to engage in services. And so the community court can say, well, if you enter this say, treatment program or if you enter this shelter, then we'll drop these other charges. And it's kind of that extra leverage sometimes that's needed and that's very useful in getting people to engage. And also in helping them too, because the social service system is much more cost effective. It's much more affordable than the criminal justice system, for very good and valid reasons. We have to invest in public safety. But it gives us another avenue, another option to be able to work with people that isn't always available otherwise. And so we do have that regional community court system. Some communities have partnered with neighboring communities to set up a community court just for their participating communities. So there are a number of different options for that. As part of Pathways Home, our regional homelessness section plan for local and tribal governments, we did develop a toolkit for communities who are interested in that community court model. And we'd be happy to help provide any technical assistance around that. And we find that often, training is really critical to helping people to fully leverage all available options that could be at their disposal. And so any help that we can provide in connecting you with those resources and those training opportunities we'd be happy to do. MAYOR DICKEY: Thank you. Thank you. Gerry? FRIEDEL: A couple of points on your information, Larry. One, Fountain Hills doesn't really compare with Scottsdale and Gilbert. And two, a lot of these categories don't apply to a homeless person, like, auto issues and traffic violations, traffic citations, speeding, that kind of thing. So we could probably drill that down a lot more. But I do have a question. And this is dealing with performance metrics from these Page 59 094 TOWN OF FOUNTAIN HILLS Page 60 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING agencies that we help support. Do you know, have we had any social worker from New Leaf or from Community Bridges or MAG come out and actually talk to the people that are in our town? KRATZER: Councilmember Friedel, I am understanding your points on some of the statistics there and that is the challenge with kind of coming up with some statistical comparisons with other towns. There's not a lot of towns that we can run comparable data to to say, okay, well, this town also has 24,000 people and looks like Fountain Hills or has the same dynamics. So that was probably the best crack at trying to find something that made sense. In terms of Community Bridges or some of the other nonprofits coming out, they haven't come out that I know of and rode with us or met with people. I do know, and I think this will lead perfectly into Tarryn corning up and just talking briefly. I don't want to take up too much time on the agenda with the other topics that need to be talked about. But we have taken individuals to Community Bridges. We have taken -- I don't know that we've taken anyone yet since the town has partnered with New Leaf. We've talked about some challenges with that that are different things. But Tarryn and our behavioral health co -responder program, since that's come onboard, and I want to say in around April; she can correct me if I'm wrong when she comes up. She's already outlined a bunch of resources, additional ones that we have. And I don't know that they're direct ones that the town has partnered with or pays money to. I don't know otherwise that works. But there are resources available to us that a lot of deputies didn't know that I didn't know that we can now call her in that program and they'll help us when we're out with somebody, find resources. So I do know we have taken people to Community Bridges. New Leaf, not so much. We visited New Leaf. My two lieutenants went there to see how that program could help with potential homeless issue in town and they met with some of the staff and sat down with them for a while and they learned a lot about what they offer, could offer. Some of the hurdles in just bringing something there or dropping them off, whether it was or wasn't an option. Page 60 094 TOWN OF FOUNTAIN HILLS Page 61 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING FRIEDEL: And then I have two other questions -- this might be for staff. Do we have a littering fine or ordinance, right now? And what I'm thinking about is Denny's, Wells Fargo, and the medical center are three areas where there's an awful lot of littering; because you brought that up. I don't know if we've addressed that. Now, that's probably private property, but do we fine those businesses for that stuff sitting there? It's an eyesore to the town and it doesn't look good at all. And then the other question that I had is, does our current ordinance address camping in our parks? ARNSON: With respect to littering, we do have a litter ordinance in place. Certainly, no property owner can maintain a property in a condition that causes a nuisance, which is what were looking at. So yes, those are on the books and those are readily enforceable. Councilman, your second question, I apologize, was? Oh, camping -- FRIEDEL: Camping in our parks. ARNSON: Yes. We do have that prohibition on the books in Chapter, I believe, 9 of our code. FRIEDEL: Thank you. MAYOR DICKEY: Well, thank you. Any other questions? Yeah, we'll have her come up and then we'll ask for -- SKILLICORN: Madam Mayor? MAYOR DICKEY: Oh, yes. Allen? Yes, Councilman? SKILLICORN: Madam Mayor? There we go. Yeah. I just had a question and both the Captain and our attorney might be able to comment on this. I've been asking by email, the last couple of days, about that situation where we have a town -owned park that's leased out. It sounds like, as of yesterday, attorney was saying that that is enforceable for the town but I still think there's a little bit of confusion there. What is the answer to that question? Can we enforce that or do we need the complainant to be the -- MAYOR DICKEY: Got it. Aaron's going to answer. ARNSON: Mayor and Councilman, I remember your question. And for a little bit of elaboration. The question had to do with a property that's town -owned property that's Page 61 of 94 TOWN OF FOUNTAIN HILLS Page 62 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING leased to Kiwanis. Rachael, is that correct? Okay. 5o the answer that I gave yesterday was under the assumption that it was a town park and I've since been corrected by the interim town manager that it's not a park. So we're not dealing with prohibitions on overnight camping or sleeping in a park. Regardless, to the extent an individual is on the property that's leased by a private organization, we would need the individual to actually complain about that. That's the type of situation where if someone's trespassing on property that they're leasing and they want to remove that individual from the property, we need Kiwanis to do that. So I think that's the answer to the question. Rachael, do you have anything to add or Capt. Kratzer, do you have anything to add? Clerk's Note: Mayor Dickey left the Dais at 7:46 p.m. and returned at 7:48 p.m. KRATZER: Thank you, Aaron. I did see the emails. I did respond to some of them. We view it as though it would be no different than a residence that someone owns and is leasing out or renting out to someone. That person would -- the homeowner would not be able to say I don't like who that tenant is bringing by, I want to trespass that person. It would be the person who is renting the home from them, who would have to make the decision that they didn't want this person on their property. So that's how we viewed it. And then some of the conversation, through email, that's what I took from it. And that was the last response. And Councilman Skillicorn, I do see how that was confusing because it was a little confusing for us as well. But I think in the end, it sounds like we've got some dear understanding of that and maybe we can -- I'll let the town manager decide how to communicate that back to you. But I think we have an answer now. SKILLICORN: And Madam Mayor, as a follow up, can we amend the lease to include an anticamping provision? ARNSON: Councilmember, the Mayor actually stepped out for a second. But in response to your question, I'll go ahead and look at that lease and see what it says. I don't have the lease handy in front of me. But can you amend a lease to say that you will prohibit camping? Not that I'm Page 62 of 94 TOWN OF FOUNTAIN HILLS Page 63 of 90 TUNE 20, 2023 TOWN COUNCIL REGULAR MEETING independently aware of. I mean, I'm thinking about if I lease a property and decide to allow somebody, whether it's me or a family member or somebody, to stay on the property, I mean, unless they agreed to that in the terms of the lease then sure. But that would be really uncommon. WELDY: Madam Mayor, in regards to the particular property in question, by default I'm the town's landlord and I have read the lease in great detail. I have also reached out the lessee's representative, which is Sunset Kiwanis and I have left him a voicemail and asked that he contact me so we can discuss this in more depth. I will certainly report back to the town manger the results of that meeting after it takes place. MAYOR DICKEY: Okay. Thank you very much. Anything else, Allen? SKILLICORN: I think I'll wait for the attorney's presentation for any questions. But thank you so much. MAYOR DICKEY: Thank you. All right. We're ready. KRATZER: All right. MINGEY: Hi. MAYOR DICKEY: Hi. MINGEY: My name is Tarryn. Thank you so much, council, for having me. And for Capt. Kratzer for bringing me over. So I can speak a little bit about what MCSO is doing to kind of work towards meeting the members of your town about how, if they're in crisis, we're working on getting them connected to resources. So I am a licensed professional counselor. I've been working with Maricopa County Sheriffs Office in the jails and now on the patrol side. So we're working on getting deputies up to speed on what local resources are available to them when they're encountering individuals in crisis. With the goal of diverting people into mental health care, into substance use care, into housing services, rather than incarceration. Page 63 of 90 TOWN OF FOUNTAIN HILLS Page 64 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING So what my role is, is to be kind of the expert in the field so that I can connect the deputies when, say, they encounter someone that is experiencing homelessness. What shelters are available, what's that's process like. What are the -- even though there are a lot of challenges with getting someone into housing, we want to be able to meet those requirements where they're at. So say someone's in crisis and they need mental health care, the deputies have lists of all the inpatient facilities that are available to them. They have lists of all the homeless shelters that available in Maricopa County, and we've also developed resources local to Fountain Hills for district 7 so that they know what foodbanks, what homeless shelters, what psychiatric emergency centers are available. So I think you guys have copies of those. Basically, deputies also have access to a resource line so they can call and receive consultation about any crisis that they're experiencing with members. And this is the goal, is to incorporate more of that mental health care and more of a trauma -informed approach when they're interacting with members of the public. So as Amy was saying, law enforcement is often encountering people in crisis but we are looking at incorporating for all of MCSO ways to connect people to services rather than incarcerate. MAYOR DICKEY: Any questions? Comments? No. So why don't we go to the cards? Thank you so much. There may be more questions coming. MENDENHALL: Okay. First well do the one written comment. It's at your station and Dianne E. Price is against it. But you probably should read her comment and what she means by that. And then we have our in -person comments. We have four speaker cards. The first up is Crystal Cavanaugh. And on deck is Liz Gildersleeve. CAVANAUGH: Well, let me just start by saying I'm going to be a little less warm and fuzzy with my words. And I think we have a quality life here and I'd like to just keep it that way. So I'm thinking a tight ordinance with consequences is needed to prevent Page 64 of 94 TOWN OF FOUNTAIN HILLS Page 65 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING Fountain Hills from having zones with littering, loitering, and panhandling. If we actually designated littering as a crime, because I'm not really sure what it's designated as now, like some cities have, it could be useful. A stiff penalty of 5500 for the first offense. A second offense, perhaps 2,000 or even 180 days in jail. Now, this might actually solve a few other problems. Whether you like it or not, being incarcerated can achieve effective rehabilitation results from addiction, even if just for a while. The person's no longer homeless. He gets meals, a place to sleep and hopefully, restricted from drugs. In those six months services can be set up to help the individual back on track. Just something to think about. In some locations, businesses and all private property owners get fined if they don't turn in the litterbugs on their property or if they don't clean it up themselves. Sounds harsh, right? But does it help the right this ship? As noted by many in Fountain Hills, the homeless issue definitely creates litter. Citizens can turn in the litterbugs. This provides a pathway to getting law enforcement involved. Same with loitering. Stiff fines for loitering are needed and businesses must discourage it too. If it is against the law then law enforcement can be involved and businesses have a place to turn. Right now, I think, some businesses feel they have no options. Still panhandling fines should be implemented for violations if that person does not have a business permit to operate. Not 550 permits, either. How about $250 permits to panhandle in Fountain Hills? Violators can then be given 5500 fines for panhandling without a permit. Even though the U.S. Supreme Court previously ruled that panhandling is protected under free speech and it can't be outlawed outright, local municipalities should be able to set up their own ordinance listing specific guidelines: not being on medians for safety concerns, or on sidewalks, or too close to the curb near traffic, or within so many feet from specific locations. Those hanging out on the streets may need to be transported to existing services elsewhere for drug abuse or mental health issues. Fountain Hills, like we said, already contributes financially to some of these programs. Or some on the streets are actually fully capable humans that panhandle instead of Page 65 of 94 TOWN OF FOUNTAIN HILLS Page 66 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING going to work each day, because it can be pretty lucrative in some areas and tax free. So next time any people around here, who feel like being compassionate, just don't do it. The cash you give that individual may go to buy a bottle of booze, cigarettes, lottery tickets, or drugs. Or consider, you may be getting scammed by an able-bodied person using sad signs, children, or pets. But you get to feel better about yourself for being a giver. Either way -- MAYOR DICKEY: Your time is up. CAVANAUGH: -- a tight ordinance will help Fountain Hills. MAYOR DICKEY: Time's up. CAVANAUGH: Okay. Thank you. Clerk's Note: Vice Mayor McMahon left the Dais at 7:52 p.m. and returned at 7:55 p.m. GILDERSLEEVE: Good evening, everybody. Liz Gildersleeve, Fountain Hills resident. Thank you, all of you, for addressing Fountain Hills' need for a stronger ordinances tonight. My questions and comments center mostly though, around A New Leaf. Our town has done some promotion regarding A New Leaf to which Fountain Hills taxpayers have extended financial support of around $50,000. But it should be noted that there are many other agencies that also deal with homelessness, addiction counseling, job training, and housing. Agencies like Cast, East Valley Men's Shelter, Phoenix Rescue Mission, Thrive, Homeless Haven, Phoenix Dream Center, and New Mom; not to mention churches like St. Mary's and St. Vincent de Paul as well as countless governmental departments and agencies whose sole focus is supposed to be to help guide the vulnerable. So how is it that we have A New Leaf? Who chose A New Leaf for Fountain Hills? Because A New Leaf appears to be forming a quasi -partnership with Fountain Hills, I'm curious as to how the vulnerable in Fountain Hills, needing their services find out about them? Do counselor from A New Leaf proactively make contact with some of the individuals we see regularly at Shea and Saguaro, outside the Safeway, outside the Target, under picnic ramadas at the parks, even the makeshift homeless encampment Page 66 of 94 TOWN OF FOUNTAIN HILLS Page 67 of 94 JUNE 20,2023, TOWN COUNCIL REGULAR MEETING behind the middle school that occasionally pops up. Are they offered transport to the Mesa facility? How is A New Leaf being held accountable for the taxpayer dollars that they've received from Fountain Hills? I do believe that a strong ordinance, based on conduct is necessary and certainly not heartless. In fact, a strong ordinance would benefit the vulnerable as much as it would benefit residents and business owners. People experiencing crisis should be made aware of the many services and I'm actually quite pleased tonight, to learn from Capt. Kratzer that there's the woman -- the behavior health woman who does now assist MCSO. It appears, however, that A New Leaf is the answer, I'm guessing, simply because we've provided financial support to them. However, if anyone in crisis chooses to not avail themselves of services, they should not be enabled by being allowed to aggressively panhandle or erect makeshift housing that is in fact, the pressure point where I see this new ordinance or ordinances, as being proactive and a necessary tool to protect the town. Thank you. MENDENHALL: Next we have Barry Wolborsky and on deck, Kim Wolborsky. WOLBORSKY: That's wrong. She should go first. MENDENHALL: Your card was submitted first. B. WOLBORSKY: I'm Barry Wolborsky. I live here in Fountain Hills. And I just wanted to talk -- for 40 years I was a psychologist, licensed psychologist, PhD from the University of Washington. And my specialty was chemical dependency. And I noticed, when that chart was presented up there that less than 21 percent of those people were addicts and alcoholics. And I think that's really wonderful because that's about the same percentage in the population. so I guess, no more than that, huh? I would like to talk about statistics a little bit because I spent two years at the university teaching statistics. I would like to be your statistical evangelist if I could. Because I think that the Town of Fountain Hills is the statistical anti -Christ. Number one, thank you, Mayor, for pointing out that the difference was three people. Page 67 094 TOWN OF FOUNTAIN HILLS Page 68 of 94 TUNE 20,2023, TOWN COUNCIL REGULAR MEETING Small number statistics are meaningless. Okay? They mean nothing. They're just random events. Number two, the work that was done to determine that those less than 21 percent were alcoholics and addicts was self -report. This city loves to do self -report surveys. They're meaningless. There are psychometric tests that can be given to tell whether somebody is an alcoholic or an addict or not. They're pretty reliable, in the high 90 percent. Self - report is pretty unreliable. Somebody comes up to somebody on the street that's loaded out of their minds and say, are you an addict? No, of course not. They're not going to admit that. I would like to know how they got the numbers on how many of those people were employed? Was that self -report also? Self -repot statistics are meaningless. Okay? What I see is people crafting things to make things look a certain way with statistics. There was prime minister of England named Benjamin Disraeli, and some of you might know what I'm going to say. He stood before the House of Commons and the House of Lords and he said there's three kinds of lies: lies, damn lies, and statistics. We're getting a lot of statistics here to try to prove a point but are meaningless. That's all I've got to say. K. WOLBORSKY: Hello, Madam Mayor, council, and Linda, and everyone else. I'm Kim Wolborsky and I'm a resident of Fountain Hills and I'm eternally grateful for that. I love this town. I'm so glad to have been welcomed here. 1 also take issue with Ms. St. Peters' statistics on the number of alcoholics that are in the homeless population. One of the main --1 have personal experience in my family with alcoholism and mental illness. I live a very comfortable, happy life now. 1 have a lot of information. I got a lot of information about that. 1 personally don't live in that disease, but I have seen it. I have experience with it. I have experience with not being wealthy. And I know what it's like to be on the edge of homelessness. It's not pretty. And I would like to commend you for the work that you're doing with the elderly and with single parents. I think that's important. 1 think some people do become homeless because of issues with medical and that kind of thing. But one of the main symptoms of Page 68 of 94 TOWN OF FOUNTAIN HILLS Page 69 oj94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING alcoholism, both in the alcoholic and in the family is denial. People don't think that they're alcoholics. They don't think that's the problem. They could be at death's door. They could be losing their liver and they don't think they're that bad. They think it's all these other things that were listed on the list. And I think -- so the words that came to mind were well-meaning and enabling. And I think in Fountain Hills we have to be really careful not to be enabling people who are addicts and alcoholics. My husband is a specialist in this field. He has two things he says that I love. Well, don't love, but I think are very accurate. He talks about people enabling people into the grave. Parents enabling their children into the grave. He also says, how do you know that addict is lying? His lips are moving. So that's all 1 have. And again, thank you for your time. MAYOR DICKEY: Thank you. MENDENHALL: That's it for public comment. MAYOR DICKEY: So further discussion with council? Or staff? Or anything to add? No? 1 think -- SKILLICORN: Madam Mayor? MAYOR DICKEY: Yes, Councilman, go ahead. SKILLICORN: Did the attorney have some sample language for us to consider passing? ARNSON: We do. I would be -- not here tonight. I know that based on the council's discussion, and some of the input we've received from the public, I think what we can do is take some of what's been done in some of our other municipalities, even one where MCSO is the law enforcement agency, and try to bring back a number of potential options for the council to adopt. Some of those may include prohibitions on blocking or loitering right of way. They may include expanding areas within which tents and structures can be located. There may be another couple of options that are included there and I think that will help the council to have a little bit of a firmer grasp on the types of ordinances we're dealing with. But that's what you'd be seeing, coming back to. Page 69 094 TOWN OF FOUNTAIN HILLS Page 70 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING SKILLICORN: Madam Mayor, may I ask the attorney, in some emails that went out to council about both the Queen Creek ordinance and the Glendale ordinance -- ARNSON: I'm going to -- SKILLICORN: -- what's the difference in those. ARNSON: Sorry. Go ahead and finish. I don't want to intrude on anything that's privileged. That's' my only caution. SKILLICORN: Well, I am curious of what the difference is between the Queen Creek and Glendale ordinances? ARNSON: You mean the Queen Creek and Glendale ordinances that both regulate aggressive panhandling? Are those the two ordinances that you're referring to councilmem ber? SKILLICORN: Yes, that is correct. ARNSON: Sure. So Mayor and councilmember, I'm happy to pull them both up about the ordinances are fairly similar in nature, to my recollection. They both prohibit panhandling and try to regulate aggressive panhandling within certain locations, at bus stops, within a certain number of feet of ATM's. There are a number of other locations where they do that. Glendale's was a little bit more aggressive in that it was adopted around Superbowl time so I think they drew a bigger zone around the stadium and other areas in their downtown entertainment district. Sot that's probably the primary difference. Otherwise, they draw on the same language. SKILLICORN: Madam Mayor, if I just -- my one comment on this is -- and I thank you for bringing in speakers, very informative. But I just have to say and I think this is what the people of our town are trying to say, is that these soft on crime policies, like Portland, and Seattle, Phoenix, California have, just have not worked. Taxpayers spent millions and millions, and probably millions more, and these issues have only gotten worse. Of the money you spend have not made things better. With all this money that we spent; we could have bought homes for these people. You know, a moment ago, I said that these policies haven't worked. No, I misspoke. These soft -on -crime policies have been a colossal failure. If we had a housefire, the first Page 70 of94 TOWN OF FOUNTAIN HILLS Page 71 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING thing we would do is put it out. Then we would research why. And today, we need to put out this fire. So I have two motions that I want to make. The first one is going to be an ordinance banning standing in one place or sitting on the median. Actually, I should restate that. Ban on standing in one place or sitting on any median for any road with a speed limit higher than 35 miles -- or 35 miles an hour or higher. MAYOR DICKEY: So Allen, we're not -- you can make that for future consideration but this isn't an action item tonight. So -- SKILLICORN: Well, Madam Mayor, this is on the agenda. It is agendized. I believe it is completely in order to make a motion to propose a specific language for an ordinance. MAYOR DICKEY: Okay. Hold on a second. Aaron? ARNSON: Yeah. So Mayor and councilmember, it's not agendized for action. That said, the whole idea is to take direction from the council just not in a formal motion fashion. So if there's a collective direction from the council to pursue those types of ordinances which would be included in that list of what I discussed earlier, we're happy to bring that forward. SKILLICORN: So kind of a point of order here, is that council has specifically changed roles so items like this could be put on the agenda. And this motion was made months ago. Why wouldn't this be an actual action order? It actually seems like this is a violation of council rules to have it as something that we cannot make a motion and actually pass an ordinance on. MAYOR DICKEY: Well, we often have items that we don't take action on but if you want to make a motion and Aaron says it's okay that you do, then it's okay with me. ARNSON: Yeah. MAYOR DICKEY: I mean, it says suggested motion here, motion to direct staff to take steps. So -- ARNSON: Oh, okay. If it has -- MAYOR DICKEY: If you want to direct -- Page 71 of 94 TOWN OF FOUNTAIN HILLS Page 72 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING ARNSON: -- language for a suggested motion, great. Let me scroll down and find it. "Move to direct staff to take appropriate steps as identified". Good. Okay. Sorry. I thought this was a discussion only. If you want to move to direct staff to do X, Y, and Z, it's agendized that way, that's great. MAYOR DICKEY: Yeah. SKILLICORN: So Madam Mayor, I would love — MAYOR DICKEY: Would you restate -- SKILLICORN: Yeah. Absolutely. I would love to make a motion to direct staff to draft an ordinance -- actually, two ordinances. The first one would be on standing in one place or sitting on any median for any road with a speed limit of 35 miles per hour or higher. That would be my first motion. MAYOR DICKEY: Is there a second? TOTH: Second. FRIEDEL: Second. MAYOR DICKEY: Okay. So there's a motion and second. That says that no person at all whatever their status, cannot be on the median of a street that has a 35 mile an hour speed limit and they can't be on the curb? Was that correct? SKILLICORN: Madam Mayor, I think, the intent of this is that someone is not loitering in one place. So if a town employee was doing landscaping or a contractor or something, that's fine. They're doing something that they need to be there for. But if someone is literally just loitering on a median on a higher speed road, that would be a safety hazard. That's a different situation. And if they're not supposed to be doing something there, they could definitely be a safety issue and that's what the intent would be. MAYOR DICKEY: So Saguaro Boulevard is a 35 mile and we have one crosswalk that's not in an intersection. So whatever we decide to pass applies to every single person. SKILLICORN: Madam Mayor, in response to that, I think the intent is not someone that is going across the crosswalk but again, someone that is stationary or sitting. They're -- I mean, if someone is taking the crosswalk and waiting for a car, I don't think that would be considered loitering, and that wouldn't be the intent of what I'm asking for either. Page 72 of 94 TOWN OF FOUNTAIN HILLS Page 73 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING MAYOR DICKEY: Vice Mayor? MCMAHON: It sounds to me like you're trying to target homeless people. I think that, while I appreciate what you're; saying, it's so broad I don't even know how it would be enforceable. I just don't think it would be enforceable. It's way too broad. How can even put that in an ordinance? MAYOR DICKEY: Aaron? ARNSON: Mayor and councilmember, let's direct staff to do what we need to do and we'll bring something back. See what happens. TOTH: So my understanding of the motion is for someone loitering in a median for an extended period of time, not just trying to cross the street or something. And the reason that I seconded this motion is because this is a safety issue I've actually brought up in the past in medians with Rachael or with Grady before. This is a safety issue. If we have individuals that are loitering in the median, there's a very high potential for them to be interfering with traffic and that could be injury to them. That could opening up to collisions. That is something that I have spoken about in the past and I think is a valid concern. This isn't something that's attacking someone based off status. In some ways, it's actually looking out for their safety as well. MAYOR DICKEY: Councilwoman? GRZYBOWSKI: I feel like this deserves more thought. So I'm trying to place myself in those situations where I would be standing on the median or what have you. A lot of conversation happens when you're walking down the street, down the sidewalk. What happens on parade day? What happens: the developer can't put a sign out on the side of Shea, so he usually hires somebody to stand and spin the sign or whatever. So I understand the concept, but I'm a little concerned that this is so blatant against one particular kind of person that I don't like something that is not -- it's too subjective. Oh, we won't worry about the sign guy because he's holding the sign and he's helping our developer make money. How is -- I just -- I have a problem with that. I just see issues. I mean, I'm going to have to rely on Aaron for that. ARNSON: Well, I think you raise a decent point. We have to make it facially neutral and Page 73 of 94 TOWN OF FOUNTAIN HILLS Page 74 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING apply it neutrally and that's the best we can do with that type of an ordinance, right? And that's the best answer that I could give, right now. MAYOR DICKEY: Councilwoman? KALIVIANAKIS: Thank you, Ms. Mayor. Although I find myself in some agreement with time, place, and manner restrictions, I think that the ordinance that Allen's proposing doesn't pass constitutional muster. I think we have to protect our town, first and foremost from lawsuits. There's a gentleman that's in our town right now and he has very offensive signs that he holds up. And he goes all over the town. I think we're all familiar with people that live here. He may be the smartest person in Fountain Hills, because I think he's trolling, okay, for an illegal arrest where he'll be richer than Bart Shea, eventually. We have to watch out for that. I've clone a great deal of legal research on what we're discussing tonight and we have to proceed with great caution. And I don't think that coming up with an ordinance in a quick fashion, that hasn't been really reasoned out with our legal team is not going to bode well for us. So I would not be for this ordinance tonight. MAYOR DICKEY: Councilwoman? TOTH: Thank you, Mayor. This will be my last comment on the topic. First of all, once again, this is a safety concern. I wholeheartedly disagree with the comments of my fellow councilwomen. However, I do understand the concerns that were brought up by Councilwoman Grzybowski. When we talk about special events, like that Thanksgiving Day parade, maybe staff can say except for special events days where it's kind of obvious people are going to be hanging out in the median. I'm sure that staff is fully capable of organizing this in a way that is facially neutral. That understands that there's going to be the Thanksgiving Day parade or other things where the majority of the town is out on a median. Aside from special event circumstances, I personally am not aware of an instance that I have just hung out in a street median. However, I can understand maybe a concern of well, this is going to apply to people that are potentially well-meaning. But that's where Page 74 of 94 TOWN OF FOUNTAIN HILLS Page 75af90 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING we talk about that wonderful part of law enforcement where there's human consideration there. I'm not saying that someone standing in a median needs to be thrown in jail. I'm just saying, hey, this is against a town ordinance. This is potentially a safety risk for you. Get out of the median. And then, if they don't, then we have a conversation about punishment. But from there, there's other issues. So at risk of rambling on this topic too much, I want to very clearly clarify that this is primarily a safety concern and then, secondarily, trying to prevent other issues from arising from that point. FRIEDEL: I think we all need to remember we're just -- SKILLICORN: Madam Mayor? MAYOR DICKEY: Hold on, Allen. I mean, yeah. Gerry's going to speak first, thanks. FRIEDEL: I think we all need to remember that we're just here tonight to give direction to the staff. They'll bring something back and then we can chew on it. So we're not passing an ordinance tonight. We're just giving staff direction. So I think they've got it. I think they've got the safety issue and that should be addressed when they bring it back. MAYOR DICKEY: Thank you. I agree with that. The idea of whatever can be across the board and safety median wise. Allen, you said you had another — well, you had something to say and then you had another suggestion? SKILLICORN: Yeah. Thank you, Madam Mayor. Yeah, my only comment on that is that I specifically said median and not the right of way. I know that there are some issues. I think, legally you probably can stand on the right of way and that is legal. There's some places that say that it's not because the right of way is usually moving, not just kind of blocking or loitering. But I specifically used the word median, because that is not the part of the right of way. That's not some place that is normally someplace you're traveling or walking and such. And that's why it is a safety issue. And you are right there next to traffic. So thank you, Madam Mayor. I don't know if we need to have a vote for this or this is Page 75 of 94 TOWN OF FOUNTAIN HILLS Page 76 094 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING just a direction for staff? MAYOR DICKEY: I think that would be great, Allen, because I think we can come up with something that would absolutely address median safety. Right? Okay. Did you have another separate item, though, Allen? SKILLICORN: Yes, Madam Mayor. And actually, I wanted to direct staff to give us an opportunity to vote on word for word Glendale's ordinance. If we want to amend that during the meeting, or with discussion, that's fine. But I want to have an opportunity to actually vote on and discuss the Glendale aggressive panhandling ordinance. MAYOR DICKEY: So I know that we had a confidential memo on that. And I would not want to do that right now. I'm not prepared to go line by line with the Glendale ordinance, because there are issues with that. But I think it's along the same lines of giving direction to where we want to go. Where some of us might want to go. Because there were definitely parts of that that did not pass legal muster. But I don't feel prepared to go line by line now and determine that ourselves. Brenda? KALIVIANAKIS: Thank you, Ms. Mayor. As far as guidance is concerned, Aaron, I know it's been held by the Supreme Court that panhandling for charity is protected speech. If we went down the road of commerce, being that these people are -- it's like job. It's like a paycheck, could we regulate this as commerce? So the First Amendment protections wouldn't be so stringent? ARNSON: Mayor and Councilwoman, there are cases that deal with that. The results from those cases are mixed. I think you have a more reasonable chance of success with that type of a regulation. So if that's the path that council's going to go down collectively, I would encourage exploring an avenue like that as opposed to a strict panhandling prohibition. Which, frankly, has not -- there has not been a single panhandling ordinance that survived constitutional muster since -- constitutional scrutiny rather since Reed v. Town of Gilbert. They don't pass constitutional smell test anymore. So if we went down that direction, I would encourage the council to go the direction that Councilwoman Kalivianakis is suggesting. Page 76 of 94 TOWN OF FOUNTAIN HILLS Page TT of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING KALIVIANAKIS: Yeah. Thank you, Aaron. And I've discussed with Councilman Friedel, possibly getting a permit. And this was Gerry's idea. Or some kind of medallion that they could establish, they could apply for a permit. They could take a training video. Maybe wear a safety vest and then, since it is going to be commerce, again, time, place, and manner regulations, I think, would kick in. And then we could control something that otherwise we couldn't if we just -- again, and Hannah's concern about safety is paramount. We're doing it because we want to keep everybody safe. And I also think it would not be a bad idea for us to have some kind of a ad hoc committee to study the safety implications of our ordinance. I think that that would be reasonable. So it's just less of what we think and we could point to a study or we could point to people that have researched this and how this is going to make Fountain Hills a safer place to live. ARNSON: Mayor and council, without getting too deep into to prolong the discussion, the cases where those loitering or standing in the median ordinances have survived have relied on the data and not on the more nebulous ideas of what places are safe and what aren't. So I would also encourage the council to go that direction. But ultimately, we've received -- we'll take whatever direction we're given tonight. SKILLICORN: Madam Mayor? MAYOR DICKEY: Yes, Allen? SKILLICORN: Thank you for the time. One item that I'd like to address is that Reed v. Gilbert, that decision was made in 2015. And the makeup of the Supreme Court is quite different now. We could probably expect a very different ruling. Now, I'm not suggesting that we want our town to be a test case and go all the way to the Supreme Court, even though I'm sure Aaron would love to argue in front of the Supreme Court on our behalf. But that's not my intention. I don't think that that's necessary. But I do think we should realize that, is that the nature of the Supreme Court has changed the -- what is constitutional, what is not. Even though it will (indiscernible) ruling would be binding until another court says otherwise. I think it is not unfair to say that we can have something that will protect our town from a situation. And also we take the legal advice for granted, but it is the council's job to actually craft the policy. Page 77 o194 TOWN OF FOUNTAIN HILLS Page T8 of94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING That's why I would argue for this type of ordinance. I'd like to -- I think we go with what Glendale has word for word and then we can make some changes here and there to fit our town. But I think we want to have a strong solution to this problem. Because again, our house is on fire right now and we need to put out the fire. GRZYBOWSKI: I'm sorry. I don't understand, "our house is on fire". I don't get that. I don't think it's a great analogy. I think it's very short-sighted. I -- yes, we have homeless people. When you leave Fountain Hills, there's a hell of a lot more. If you look at the -- sorry, statistics. As a country, we average 18 homeless per 10,000 people. Arizona as a whole is at 18.42 percent, and that's according to USAFacts.org. I just I don't see that our house is on fire. I don't understand that analogy. I'm sorry. I just had to say something. MAYOR DICKEY: Thank you. And I also -- it's not a sudden thing at all. We talked about Kiwanis earlier. Talked about the state trust land. These things have been status quo for a couple of years. I don't understand all of a sudden, now, it's like this house on fire situation. The people at Sunset Kiwanis, if they're not pursuing it, it's because it's been -- like I say, this is not new. And yes, we want people safe. Yes, we want most people to get what they need to get back on their feet. But we're getting both stories here. Let's put them in jail, I mean, that will help them get out of drugs. But we don't want to put them in New Leaf or any other place. 5o we don't want to pay for that. But we certainly don't want them here. So okay. This is just a very complex situation that a lot of cities are going through. We have that much of it here. We're trying to address it. Tonight was to move forward so that we come back with something legal, reasonable, safe, respectful of everybody. And that's the intention of this tonight. Not to tell people to go to jail or that we wish they were having their interactions with law enforcement. I mean, if they are a bigger percentage that are on drugs or alcohol, then that needs to be addressed on that level. And it sounds to me like Capt. Kratzer and -- I'm sorry, Tarryn, are on the right track there. I mean these generalizations that none of these things are working, that MAG's been doing that, all these mayors have all -- of all parties Page T8 of 94 TOWN OF FOUNTAIN HILLS Page 79094 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING and all feelings about this issue, come together and realize that it's not black and white. It's not easy to fix. So I'm not in favor of going for Glendale after we have memos telling us exactly how that's not going to work. I don't want to be in the public eye as the town that took the stand and went to the Supreme Court. We have Reed v. Town of Gilbert. That's what we have right now. That's what exists. Anything that we enact is for everybody in this town, as it should be. Yes, ma'am? MCMAHON: We sit here in the public talking about this. We're talking about homelessness and now we're talking about an ordinance based on safety. Which it's obvious to me, that you're targeting homeless people. We may have a couple of homeless people in town. I think one of the statistics that Amy said today is per 25,000 people there's 27. I think we might have three or four, et cetera. I don't' think it's out of hand. I don't appreciate what I'm going to say. I think it's the mob mentality reaction to this. I think if we really want to look at our ordinances about washes, et cetera, that's more realistic than sitting here pretending like we're not talking about homelessness and then enacting an ordinance to prevent them from being in Fountain Hills. There's no gate to the city here. Anybody can come in and out of our town. And I don't know how, realistically, we're going to sit here and stop people who might be unsheltered from coming into our town. I think it's unrealistic. GOODWIN: Mayor, if I can -- there's been a lot of discussion and I just want to make sure. I've been taking a lot of notes. But at this point -- FRIEDEL: Vast amounts. Copious. GOODWIN: Copious amounts, indeed. And l do want to try to bookend where-- and realize this conversation has sort of meandered. But staff is willing to take a start of drafting something. Again, it is a draft so that it is reviewable. It is editable. It is a draft so that the council can use it as a starting point. It can be word smithed from there. It can be, again, addressed but well use, as our guiding tools is the idea of safety and a commerce oriented, as I heard you say, commerce oriented approach. And then if we Page 79 of 94 TOWN OF FOUNTAIN HILLS Page 80 of 94 JUNE20, 2023, TOWN COUNCIL REGUTAR MEETING can work towards, if an ad hoc committee is the right tool to use to create that data point. I also think we need to include MCSO in this conversation and what they've had success implementing in terms of enforcement and things like that. Because ultimately, whatever we do draft and adopt, they're going to be that enforcement arm for us, so they need to be part of that conversation too. So what I'm hearing is the direction to staff to start on this process. We'll be bringing it back again as a draft for future consideration. Does that sound accurate to everyone? Okay. Great. MAYOR DICKEY: Thank you. Any other comments? Our next item is a consideration of reviewing and possible direction to the staff on sign code ordinance. John, thank you. WESLEY: Just a second here, Mayor. MCMAHON: Thank you, Amy, for coming. WESLEY: Okay. Mayor and council, good to see you this evening. Just a very quick background here. February 9th, the council reinstated the sign ordinance. During discussion of that there was also discussion about relaxed enforcement of the sign regulations with regard to temporary signs. Based on the discussion and the motion at the council meeting, the staff initially did not enforce any rules with regard to temporary signs but over time we had started to pick up some of the enforcement. First of all, with some of the sign types that really weren't allowed in the ordinance. And then, based on some issues that came up with regard to certain yard signs, sometimes to abandoned signs, we started more enforcement there. But because we can't really single out one sign versus another based on message, it really turned into all yard signs and directional signs. The motion that was made at the council meeting was not entirely clear and so we're back this evening seeking, kind of, further direction now that we've had several months of trying not to enforce it or enforce it on a more limited basis. Just also as a note, the Page 80 of94 TOWN OF FOUNTAIN HILLS Page 81 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING P&Z commission is still reviewing an update to the sign ordinance. We had a good discussion at their meeting this month. They gave me several things to work on, given some of the vacations and such that the commission members are taking we weren't really going to have another full commission meeting until September. So there won't be any further action by the P&Z commission until September. So it will be several months past that before we can get it to council. 5o given that's the reason we're back here this evening to make sure we're enforcing the regulations as the council would really like. So we've listed here some options, from one end to the other end of extremes. So one would be to clearly direct the enforcement of the type that you want to have starting with basically, no enforcement. So make it clear you really don't want us to enforce any sign regulations. And then from there there's some steps in-between where we could have limited enforcement based on some of the characteristics, the type of sign, the location of signs, or material of signs. But again we can't really regulate based on message. Or we could go back to full enforcement of the sign ordinance with regard to temporary signs. MAYOR DICKEY: Thank you. Do we have any speaker cards on this item? MENDENHALL: No, Mayor, we do not. MAYOR DICKEY: Thank you. Councilwoman? TOTH: John, if you could clarify for me? Your first slide mentioned that the council's motion was unclear. I remember the motion being extremely clear that temporary signs were not to be enforced. We were then kind of announced to that there'd be some enforcement. And I think that's where there's been some confusion and I have to be honest, I predicted -- part of the reason I voted against reinstating in the first place was because I knew this would end up on an agenda soon. So frankly, I'm a little insulted that we're trying to just put the sign ordinance back in as it is without something ready to put in as the changes that we suggested. I'm a no vote on any of this. But I just want to ask you, specifically, John -- I apologize Page 81 of 94 TOWN OF FOUNTAIN HILLS Page 82 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING for getting ahead of myself. But specifically, what was the confusion with the council's motion on temporary signs? WESLEY: Mayor, Councilmember, I went back and rel istened to the full meeting to make sure I understood what we were to enforce or not. There's a lot of debate back and forth about what the motion meant and what was really covered in the motion. And I couldn't get, really 100 percent clear, understanding of what the council really meant with the motion. And again, so we started with the idea, okay, then we really aren't enforcing anything with regard to any temporary signs. But again, from then, as some situations have occurred, we've been asked to enforce some pieces of it. TOTH: Thank you, John. I have a follow up to that. The kind of announcement that we received that there would be some enforcement on temporary signs after the motion and vote to not enforce temporary signs, how did that come about and why was that not required to be a vote? The email was pretty much just letting us know that that would happen. GOODWIN: I'm happy to chime in on that one. At this point, we're getting challenged as to -- we have an ordinance. Why are we not enforcing it? And that leaves staff in a very grey area of, if we have an ordinance we have a responsibility to enforce it. So in conversation the area that were getting the most complaints about at the temporary signs are about signage. And to John's point, and to the confusion of the last meeting, there was lot of discussion about not just the type of sign but the material the sign was being use -- or the material that was being used and what was considered durable and what was considered not. And are cardboard yard sale signs okay? Yes, they are; no, they're not. Well, I don't think they should be. There is a lot of discussion in there and it definitely leaves staff in a no -win situation in that regard. So we took the most common complaint that we're having. We just said, let's start talking about how we can use this. And at the end of the day, were going into a summer break where we need to have some clarity if were going to enforce everything, if we're going to enforce nothing, or if were going to enforce something in-between. We'd like to make sure that we are on that same page with you guys. Page 82 of 94 TOWN OF FOUNTAIN HILLS Page 83 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING TOTH: Sure. So -- sorry. One more time. That meeting where we had plenty of discussion, that was regarding the new sign ordinance; is that correct? The changes that we're going to make. Because the last time that we voted on this current ordinance, there was a vote where we said no enforcement of temporary signs but we'll bring it back. And then, from there, we discussed changes for a new ordinance. So is that where the confusion is? Is the discussion for the new ordinance, rather than how we're enforcing this current one? WESLEY: Mayor, Councilmember Toth. No. It's with the discussion that happened on February the 9th, to reinstate the ordinance. TOTH: Okay. WESLEY: There was lots of discussion there that left the motion unclear in my mind. TOTH: okay. Thank you, John. So in that case I would suggest that we go off of the vote that occurred. There was a majority vote for bringing the ordinance back but with no enforcement of temporary signage, so. MAYOR DICKEY: The suggestion of -- well, when we repealed it and then we realized that was not something we should have done, was not a legal action. So we reinstated it in February and there was some discussion about what the signs could be made out of and such, because we realized that by not enforcing anything, we left ourselves open. And it was a little hard to figure out what we -- where we landed on that. As far as the rest of that decision, the original decision to repeal it, was with an understanding that we were going to get this reformulated sign ordinance back in like a month. So we were like, okay, when's planning and zoning meeting? We have to have 15 days of a hearing. So this whole time frame was very, very short. So then we reinstated it and said okay, we're going to get this thing back right away. Well, they've discussed it a few times. And I don't blame them. I mean, I watched a little bit of the last meeting and Commissioner was there and I appreciated your comments and such, to know that they weren't going to get anywhere as far as like Page 83 of94 TOWN OF FOUNTAIN HILLS Page 84 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING coming forward that night. Besides it was on the 12th, so it was too late for us anyway. So now that it's going to be September, we find ourselves in the position of tether signs, box signs, signs on boxes, and election is going to be in -- we have center district and a bond election. We have for rent signs with no vacancy strapped across them. We have sidewalks being blocked. We have multiple signs in a row. So it's proliferating. You just sent us this memorandum from last December, so you can pretty much say it wasn't an election anymore. You had 88 sign activities. Whether they were removed or returned. And now we have zero, of course, or we started to pick up a little bit because of the decision to do a little bit. So 88 much more before that, but that was an election, so I want to be fair and not use that. But this is the road we're on and we've got June, July, August, September. So by the time we get one back here, we're going to have a lot of months of no enforcement of temporary signs. And so it's not an insult to bring it back. It wasn't meant to be an insult to bring it back. What it was, was to clarify where are we right now and when these signs start coming for November, what are going to be? We're going to start seeing them on Shea again. We're going to start seeing them in medians again, which we already have; and all these other violations. And I don't think we want to look at that for the next six months. Councilwoman? KALIVIANAKIS: Thank you, Ms. -- SKILLICORN: Madam Mayor? MAYOR DICKEY: Hold on. Brenda's going first. KALIVIANAKIS: Okay. Thank you, Allen. I'll be brief. Yeah, I do recall that. I think our message was fairly clear to staff at the time. And so I do concur with Hannah. On the other hand, since then, and speaking with our town manager and with town staff, I'm convinced in good faith that there was a lack of guidance that, at least, they received. And so I think it's tricky. We thought that the message was conveyed properly, and I don't think at this point, it was. Because I've heard too many complaints from staff to say we don't have any guidance on this. I live here and I've noticed a proliferation of a lot of signs that we originally thought Page 84 of94 TOWN OF FOUNTAIN HILLS Page 85 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING about the proliferation of, and it was distressing. And so I specifically remember what the Mayor said that this is going to take a month or two, it will go through planning and zoning, it's going to get bumped up here. We're going to have a new sign ordinance. And now it's languishing. It's going to be in September now before it's done. I've sat in on the planning and zoning or watched them on VouTube and it's a very slow, tedious process, of them trying to cobble together our new sign ordinance. I'm okay with instructing the staff to resume the full sign ordinance enforcement as of tonight. With the only adjustment or amendment to that would be, I would like for it to be to a time certain. A shot clock, if you will, that we would reinstate the sign ordinance until probably, maybe November? On the second meeting of November. That would give planning and zoning a chance to take a look at it in September, possibly kick it back to council and then we can have a vote on it at that time. If we need additional time, we could also just bump it to January and do a second extension. So what I would like to do is move to instruct staff to resume the full sign code enforcement up until a date certain, that date to be determined tonight by council. MAYOR DICKEY: Thank you. I would -- I mean, do I have a second? GRZYBOWSKI: I second. MAYOR DICKEY: Okay. Councilman Skillicorn? SKILLICORN: Thank you, Madam Mayor. I distinctly remember that February meeting is that there was a compromise made. And who knew that signs would be so controversial. But that compromise that was made was to allow us to have an ordinance but not have enforcement. And I still think that was clear. So I have a contrary motion is to table this until we have something from planning and zoning that we can work on. MAYOR DICKEY: I know we have a motion and a second on the floor. ARNSON: I'm checking. MAYOR DICKEY: We're checking. ARNSON: Okay. Thanks for your patience, Mayor and council. I was making sure we handle this correctly. 5o I'm looking at Rule 6.6(c)(2) of our council rules of procedure Page 85 of 94 TOWN OF FOUNTAIN HILLS Page 86 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING which govern precedence of motions. We have a motion and a second on the table. Under Section (c)(c)2, motions to table are postponed to a certain date and time take precedence over the main motion. Did we get a second on the motion to table though? That's the question. Okay. FRIEDEL: I'll second that. ARNSON: So then that would -- so then we would vote on the motion to table first. And so if you want to table, vote yes. If you don't want to table, vote no. And then, if that motion fails, we will proceed to vote on Councilwoman Kalivianakis' motion. That make sense? MAYOR DICKEY: Yes. ARNSON: We're voting on the motion to table. MAYOR DICKEY: There's a motion to table on the floor. Roll call, please? MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: No. MENDENHALL: Councilmember Friedel? FRIEDEL: Yes. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: No. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes, to table. MENDENHALL: Councilmember Toth? TOTH: Yes. MENDENHALL: Vice Mayor McMahon? MCMAHON: No. MENDENHALL: Mayor Dickey? MAYOR DICKEY: No. MENDENHALL: It fails. Four to three. MAYOR DICKEY: So we have a motion on the table to enforce the ordinance -- full enforcement of ordinance on temporary signs until our second -- Page 86 of 94 TOWN OF FOUNTAIN HILLS Page 87 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING KALIVIANAKIS: Second meeting in November. MAYOR DICKEY: How about -- FRIEDEL: Its too long. MAYOR DICKEY: How about the first meeting in November? FRIEDEL: That would be better. MAYOR DICKEY: Because I'm not sure about our second meeting because of Thanksgiving things. FRIEDEL: I still think that's too long. Why can't we do it in October? GRZYBOWSKI: Well, I think the key is, John, is that going to give planning and zoning enough time? I mean, that's the key. We need them before we can do our job. WESLEY: Mayor and council, we'll be back to P&Z in September with revisions to the ordinance as they've been looking at it. If they would approve it that night, then we could have it at your second meeting in October. If they're still not ready to approve it, then we go to your next meeting in October and keep going till they're ready to take action. MAYOR DICKEY: I think we're fine with what you said. KALIVIANAKIS: Thank you, Ms. Mayor. I think that if planning and zoning bumped it up in September and then we were to vote on it in October, it would replace that one that we're resuming tonight. It would, by necessity, it would obviate the need for this old sign ordinance to be applied. The new sign ordinance would then go into effect. MAYOR DICKEY: So in other words, if she still keeps it on the first meeting in November, if we got it sooner, we can always do it. KALIVIANAKIS: Right. MAYOR DICKEY: Yeah. There's a motion on the floor. MCMAHON: Second. MAYOR DICKEY: And a second for full enforcement of the ordinance of temporary signs until our first meeting in November. We have a motion and a second. Can we have a roll call, please? Page 87 of 94 TOWN OF FOUNTAIN HILLS Page 88 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING MENDENHALL: Councilmember Toth? TOTH: Madam Mayor, may I explain my vote? MAYOR DICKEY: Sure. TOTH: Thank you. I'll be brief. I ran on changing the sign ordinance. I understand that its taking longer than necessary. But as Councilman Skillicorn pointed out, we had made an agreement in that last meeting and I voted against that because I predicted this exact moment. And I have a couple of Councilmen that are aware of that as well. I knew this would happen. My vote is no. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Councilmember Friedel? FRIEDEL: No. MENDENHALL: Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: No. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you all. MENDENHALL: It passes. MAYOR DICKEY: Motion passes. Our next item is a public hearing. I shall open the public hearing and talk about a zoning change. Hi. TAVASSOLI: Madam Mayor, just give me just a second. Madam Mayor, members of the council, what you have before you is a rezone request for little over eight -tenths of an acre, dual -zone property in the Firerock subdivision. The proposal is to rezone it from R1-35H, which is a single family residential and OSR to Page 88 of 94 TOWN OF FOUNTAIN HILLS Page 89 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING a uniform R1-35H, uniformly zoned property. So the property which I'll just go ahead and show you here on the next slide is a little over 37,000 square feet. It's one parcel. It was actually replatted late last year. The vast majority of it about 20,000 acres or so is -- I beg your pardon. More like 30,000 acres -- or square feet, pardon me. It's a little late. Is zoned R1-35H and about 7,700 acres is zoned OSR, or open space reserve. So what the applicant again, is proposing a uniform zoning, R1-35H. Now you may ask what is the purpose of this rezoning? The applicant wishes to make an addition to the existing primary residence that's on the property. However, with the previous lot configuration those additions would have bust the 20 percent lot coverage limit. So what the applicant did with the agreement from the Firerock HOA, is to basically transfer a portion of the Firerock Country Club's property to the owner of the lot, so that basically it was an expansion of the lot at 37,000 square feet. So the recommendation before you from staff as well as the planning and zoning commission is to approve the zone change request to create a uniformly zoned R1-35H zone parcel, which would allow the applicant to make additions without exceeding the lot coverage limit. And with that, I'll open it up to questions. The applicant is here, waiting patiently, I might add. And I'll turn it back to you. FRIEDEL: Question for you. Did Firerock just give him that land? TAVASSOLI: Madam Mayor, Councilmember Friedel, I'm not sure exactly what the arrangement was but I don't think it was just a simply -- FRIEDEL: It wasn't just a donation? TAVASSOLI: Yeah. FRIEDEL: Okay. MAYOR DICKEY: Do we have any speaker cards? I'm sorry. MCMAHON: This is just for a private residence, correct? TAVASSOLI: Correct. MCMAHON: Okay. Thank you. MENDENHALL: No, Mayor. We don't. Page 89 of 94 TOWN OF FOUNTAIN HILLS Page 90 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING MAYOR DICKEY: Thank you. Okay. Any other comments or questions? GRZYBOWSKI: I'd like to make a motion. MAYOR DICKEY: I want to close the hearing. GRZYBOWSKI: Oh, sorry. MAYOR DICKEY: I remembered this time. Now, make a motion. GRZYBOWSKI: Move to adopt ordinance 2308? TOTH: Second. MAYOR DICKEY: Thank you. Roll call, please? MENDENHALL: Councilmember Friedel? FRIEDEL: Aye. MENDENHALL: Councilmember Kalivianakis? TOTH: Aye. MENDENHALL: Councilmember Skillicorn? SKILLICORN: Yes. MENDENHALL: Councilmember Toth? TOTH: Aye. MENDENHALL: Councilmember Grzybowski? GRZYBOWSKI: Aye. MENDENHALL: Vice Mayor McMahon? MCMAHON: Aye. MENDENHALL: Mayor Dickey? MAYOR DICKEY: Aye. Thank you. Our next item is to change the name of the -- how should I say it? The Historic and Cultural Advisory Commission. Who's doing this one? Rachael? GOODWIN: Yep. I can take this one. The commission was founded, I want to say the first of the year, give or take. And at the inception of the commission a number of the commissioners wanted to reevaluate the Page 90 o/94 TOWN OF FOUNTAIN HILLS Page 91 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING name because it is in a resolution, it does require council direction and approval to do so. Again, I think they take exception with the -- creating a grammatically correct commission title. And actually, I think what they would prefer, and I could be wrong, and I believe we have a comment card on it. Is they would prefer the Historic and Culture commission? MCMAHON: No, history. MAYOR DICKEY: No, history. GOODWIN: History and culture. GRZYBOWSKI: History and Culture. GOODWIN: See that's why you shouldn't ask me this, why I should read something. GRZYBOWSKI: History and Culture. GOODWIN: History and Culture Advisory Commission. So it still keeps the same initials, it's just a semantics tweak. MAYOR DICKEY: Thank you. Do we have any speaker cards? MENDENHALL: Yes, Mayor, we do. But they're -- it's just written comments and you have one from Dianne Price. She's for the name change, but she's the one who points out that it should be History and Culture. And then Rory Wilson is for the name change. MAYOR DICKEY: Thank you. Any further discussion? Can I get a motion? TOTH: Not discussion. Just a motion. Everybody can let out their breath. In that case, I move to change the name of the commission to the History and Culture Commission as per Ms. Price's comment. FRIEDEL: Second. MAYOR DICKEY: Thank you. Roll call, please? MENDENHALL: Okay. Councilmember Kalivianakis? KALIVIANAKIS: Aye. MENDENHALL: Councilmember Skillicorn? Page 91 of 94 TOWN OF FOUNTAIN HILLS Page 92 of 94 JUNE20, 2023, TOWN COUNCIL REGULAR MEETING SKILLICORN: Yes. 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. So our last regular item is relating to the legislative -- the Leagues Legislative Bulletin. I want to thank everybody for reporting from their policy committees. I look forward to see what moves forward. I do have some things to say. So there are 162 bills that have been signed into law. They adjourned last Monday and will reconvene July 31st. they were off for about five weeks earlier until June 12th. And I know people have been asking this and they do get paid their per diem. And the bills will not become law now in a timely manner because the effective date for legislation is 90 days post sine die. And they won't be back until July 31st. Last week, two league resolutions did pass the legislature with strong bipartisan majority. So what you're doing now is formulating that for next year. Lawmakers debated the 1246, which is the election for the transportation tax. And the governor's announced her intention to veto it. It was the one that was negotiated by mayors and such, but the bill was a lot different from that. So I don't know if she actually did or not, because I wrote this yesterday. 1131, which was the residential leases municipal tax exemption, was approved. The Governor had vetoed a similar measure earlier this year and again would have an estimated impact of $230 million to the 75 cities and towns that levy this tax. In Fountain Hills it would be about $500,000, a little bit more, every year, in revenue. Page 92 of 94 TOWN OF FOUNTAIN HILLS Page 93 of 94 TUNE 20, 2023, TOWN COUNCIL REGULAR MEETING All three of the zoning preemption bills, they did not get voted on. They all failed to move. And then, yesterday, the Governor signed Senate Bill 1432 which sets up the Standpipe district that will enter into an agreement with the City of Scottsdale to allow Rio Verde Foothills community members on wild water to draw from the standpipe. And I asked Aaron earlier, and this bill will have no impact on the Town of Fountain Hills. So that's good. And hopefully, they will get that solution up and running. Anything else on that? KALIVIANAKIS: 1 just very quickly. MAYOR DICKEY: Yes, ma'am. KALIVIANAKIS: Is that going to offer the Rio Verde a temporary solution in addition to a permanent solution? I mean, are they going to get water this summer; from what your understanding is? I'm trying to figure that out. MAYOR DICKEY: Yeah. I think the biggest thing that might take a while is to form the group there that's going to be the layer of government for it. But once they do that it will be temporary, leading to permanent. So it shouldn't be that much different from what they were getting as far as getting the water and they're trying to do it as quickly as they can,. KALIVIANAKIS: Okay. Thank you. MAYOR DICKEY: You're welcome. Gerry, did you have any more news about that? FRIEDEL: No. MAYOR DICKEY: Okay. Any other direction to the town manager or future agenda items for August 22nd? KALIVIANAKIS: I don't think so. MAYOR DICKEY: Thank you. Did someone say we have no future? GRZYBOWSKI: I said, way future. Way future. MAYOR DICKEY: So again we're at the skate park on Saturday. Thank you, Vice Mayor will be there on my behalf. And I'm sure you guys will be there. Page 93 of 90 TOWN OF FOUNTAIN HILLS Page 94 of 94 JUNE 20, 2023, TOWN COUNCIL REGULAR MEETING Fourth of July, music starts at 7:30, fireworks at 9. Have a fun, safe, summer. We're here though. We're not going anywhere. You can always reach us and again, have a great summer. Thank you. TOTH: Thank you. MAYOR DICKEY: We're adjourned. [MEETING ADJOURNED AT 9:02 P.M.] Page 94 af 94 Having no further business, Mayor Ginny Dickey adjourned the Regular Meeting of the Fountain Hills Town Council held on June 20, 2023, at 9:02 p.m. ATTE T AND PRE ARED BY: Linda G. Mendenhall, Town CERTIFICATION TOWN OF FOUNTAIN HILLS Gin S Dicke^, Mayor 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 20th day of June 2023. I further certify that the meeting was duly called and that a quorum was present DATED this 22n0 Day of August 2023. Linda G. Mendenhall, Town Clerk that i. my: