Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, MARCH 03, 2020 AT 6:30 PM, MUNICIPAL CENTER I, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Jenn Daniels, Vice Mayor Scott Anderson, Councilmembers Brigette Peterson, Jordan Ray, Jared Taylor, and Aimee Yentes COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Deputy Town Clerk Chaveli Herrera, Town Attorney Christopher Payne, Deputy Town Attorney John Baird, Environmental Compliance Inspector Heather Schutten, Water Resource Conservation Coordinator Heather Turrentine, Parks and Recreation Director Robert Carmona, Town Engineer David Fabiano, Development Services Director Kyle Mieras, and Senior Transportation Planner Nathan Williams AGENDA ITEM CALL TO ORDER Mayor Daniels called the meeting to order at 6:34 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Ray introduced youth members of the audience who led the Pledge of Allegiance and introduced themselves. Elder Jonathan Schmitt of the Church of Jesus Christ of Ladder-Day Saints gave the invocation. ROLL CALL Deputy Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. RECOGNITION - Recognizing “Light the World” charitable efforts in Gilbert. Mayor Daniels introduced Roc Arnett, President of East Valley Partnership, who provided information on the Light the World Giving Machine campaign that was hosted by The Church of Jesus Christ of Latter-Day Saints. Mr. Arnett stated the campaign raised over $6,000,000 through 10 Giving Machines throughout the world. He stated nearly $1,100,000 was raised in Gilbert, adding that $750,000 would be presented and distributed to local charities. He presented a brief video that highlighted the organizations that would be receiving the donations. 1 Elder Jonathan Schmitt and Elder Dale Willis of The Church of Jesus Christ of Latter-Day Saints and youth from the audience helped to present gifts and the following checks: a check for $176,434 was presented to President and Chief Executive Officer (CEO) Michael Hughes and Volunteer Engagement Manager Bridget Talty of A New Leaf Foundation; a check for $51,270 was presented to Executive Director Rhonda Carlson and President Tony Leopard of Arizona Disabled Sports; a check for $96,663 was presented to President and CEO Paul Mulligan and Community Engagement and Volunteer Services Director Malissa Geer of Catholic Charities Community Services; a check for $127,366 was presented to President and CEO Tom Kertis and Amy Matthews of St. Mary’s Food Bank; a check for $126,153 was presented to President and CEO Dave Richins and Gilbert Police Chief Michael Soelberg of United Food Bank; and a check for $174,412 was presented to CEO Torrie Taj of Child Crisis Arizona. Mr. Arnett presented Mayor Daniels with an inscription panel to be added to the existing Light the World plaque in Municipal Center lobby. Elder Dale Willis spoke of faith and thanked the community for the generous donations. Mayor Daniels expressed gratitude for the opportunity to host the Giving Machine and thanked the community for its support. 2. PRESENTATION- Recognizing High School Youth Artwork & Video Contest Winners. Mayor Daniels summarized the Town of Gilbert’s High School Youth Artwork and Video Contest; stating it was a collaborative effort between Gilbert’s Environmental Services, Environmental Compliance, and Water Conservation departments. Environmental Compliance Inspector Heather Schutten announced the 2019 contest winners. The winners in the category of Environmental Services/Trash and Recycling were: Connor Adams of Perry High, 1st Place; Matthew Lenzo of Campo Verde High, 2nd Place; and Caitlin Dassie of American Leadership Academy, 3rd Place. The winners in the category of Environmental Compliance/Stormwater/Air Quality were: Caitlin Salanga of Perry High, 1st Place (tie); Kiley Park of Perry High, 1st Place (tie); Cielo Bake of American Leadership Academy, 2nd Place; and Bradley Jacobson of Campo Verde High, 3rd Place. The winners in the category of Water Conservation were: Jill Syphus of Perry High, 1st Place; Jack Syring of Campo Verde High, 2nd Place; and Brooklyn Braaten of Perry High, 3rd Place. The winners in the Video Category were: Erica Hoyt and Sachi Cortez of American Leadership Academy, 1st Place; and Maisy Kirby of American Leadership Academy, runner up. 3. PRESENTATION- Recognizing 2019 Water Wise Gilbert Entities. Vice Mayor Anderson discussed the importance of water conservation and the creation of the Water Wise program; adding that in 2019, 254,000,000 gallons of water were conserved in Gilbert. He stated that the 290 sites that worked directly with Gilbert Water Conservation were responsible for 188,000,000 of the gallons that were conserved. He discussed the requirements of becoming a Water Wise Award recipient. 2 Water Resource Conservation Coordinator Heather Turrentine provided information on the Water Wise Program and acknowledged the 134 recipients who earned the distinction including home owner associations, churches, schools, parks, and businesses. 4. PRESENTATION - annual report presented by the Gilbert Historical Society. Parks and Recreation Director Robert Carmona introduced President and Chief Executive Officer Kayla Kolar of HD South. Ms. Kolar highlighted the accomplishments of HD South, including the 8th Annual Night at the Museum Fundraising Gala. Ms. Kolar discussed HD South’s efforts including centennial-specific programs, gallery shows, activities and events, visitor totals, and volunteer participation. She discussed the Buy a Brick campaign which would contribute to the preservation, renovation, and expansion of HD South. She requested the Council renew its three-year contract with HD South of $50,000 per year in operating support, adding the Town of Gilbert would have official permission to use the HD South Community Room for meeting purposes in 2021 during the Town of Gilbert’s renovation of its facilities. Ms. Kolar thanked the Council for its consideration of the contract renewal. Mayor Daniels thanked those involved with the Night at the Museum Fundraising Gala. COMMUNICATIONS FROM CITIZENS Blue Haught, Gilbert resident and local photographer, stated he used various Gilbert locations to take photographs. He spoke of being informed by police officers that it was not allowable to take photographs from certain locations. Mr. Haught said he understood the need to curtail any activities that might lead to mischief but requested that photographers with visible equipment be allowed to continue to take photos from those locations and that police officers be allowed some leeway. Mayor Daniels stated that staff would address Mr. Haught’s concern as soon as possible. Mark Distasi, Gilbert resident and Director of Donor Relations with House of Refuge, thanked the Council for its continued support of the House of Refuge. He announced that back in January 2020, the organization acquired 115 affordable housing units and expressed gratitude to the Town of Gilbert for its support. CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Ray, to approve Consent Items 5, 6, 8A, 9, 10, 11, 12, 13, 14, 14A, 15, 16, 17, 18, 19, 20, 21, 22, and 23; and remove Item 7 and 8 from the Consent Calendar. Motion carried 6-0. 5. INTERGOVERNMENTAL AGREEMENT – consider approval of Amendment No. 2 to Intergovernmental Agreement No. 2006-7013-0052 with Chandler Unified School District (CUSD) to remove reimbursement by CUSD of fifty percent of the cost of maintain fuel dispensing equipment as the cost is included in the fuel surcharge and authorize the Mayor to execute the required documents. 3 This item was approved with the Consent Calendar vote. 6. AGREEMENT – consider approval of Project Agreement No. 320000261 with Maricopa Association of Governments (MAG) to provide reimbursement for the Val Vista Drive from Appleby Road to Riggs Road improvements, Project No ST1120, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. AGREEMENT – consider approval of: a) Professional Consulting Services Agreement No. 320000179 with Walker Consultants in an amount not to exceed $151,480 for the Heritage District Parking Master Plan Update, Project No. RD2200, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the Roadway and Maintenance Fund to Project No. RD2200 in the amount of $187,000. Councilmember Taylor requested a separate vote, stating it would be a better use of money to update the existing plan and utilize internal staff. Town Engineer David Fabiano addressed the request of updating the plan, stating the parking in the Heritage District was an ever-changing environment and difficult to stay abreast of. He spoke of underlying assumptions, improvements that had been made, and changes to the environment since the original master plan was created as reasons the professional update was needed. Mayor Daniels addressed concerns from citizens regarding safe areas for ridesharing pick- ups and drop-offs. Town Engineer David Fabiano stated the topic would be part of the updated study. Mayor Daniels requested to see some movement toward this goal, versus only more study. Town Manager Banger stated there was a Capital Improvement Plan (CIP) Project budgeted for the upcoming year to address drop-off and pick-up locations. A MOTION was made by Councilmember Ray, seconded by Councilmember Peterson, to approve Item 7. Motion carried 4-2, with Councilmembers Taylor and Yentes casting the dissenting votes. 8. AGREEMENT – consider approval of Operating Assistance Agreement No. 320000278 with Gilbert Historical Society, DBA HD South in an amount not to exceed $50,000 annually for a period of three (3) years for assistance with the maintenance and operation costs of HD South and authorize the Mayor to execute the required documents. Councilmember Yentes spoke in appreciation of the work at the museum (HD South), but voiced a philosophical concern of taking taxpayer money and giving direct appropriations to nonprofits. She stated though the mission and services were worthy of supporting, she would like a separate vote on the item. 4 Mayor Daniels stated she believed it was the Town’s responsibility to preserve the history of the community. She said she considered the contribution by the Town an effort to preserve the Town’s history, noting the importance of efforts to preserve historical artifacts. Vice Mayor Anderson stated HD South was the south anchor of Gilbert’s downtown area. He said the Town needed to continue to invest in the area and the contribution was a way to make that investment. Councilmember Peterson spoke of the efforts of HD South to store and preserve Gilbert historical items. She said it was an important part of Gilbert’s history and voiced support of HD South’s efforts. Councilmember Taylor spoke in agreement of the Town’s role to help preserve history, though he stated he would like to see more progress of the organization becoming self- sustaining. He said he supported the item but would like to see their goals come to pass. Councilmember Ray spoke of his family history in Gilbert and expressed appreciation for the efforts of the Museum. A MOTION was made by Councilmember Peterson, seconded by Vice Mayor Anderson, to approve Item 8. Motion carried 5-1, with Councilmember Yentes casting the dissenting vote. 8A. AGREEMENT – consider approval of Extension of Regional Emergency Medical Transportation Agreement No. 2016-3002-0025 with American Medical Response (AMR) of Maricopa, LLC. extending service through July 8, 2020 for emergency transportation services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. MEMORANDUM OF UNDERSTANDING – consider approval of Memorandum of Understanding Contract No. 320000271 with Community Alliance Against Family Abuse (CAAFA) to provide support and resources for victims of domestic and sexual violence and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Job Order Contracts (JOC) in an amount not to exceed $500,000 per year for each contract for Supervisory Control and Data Acquisition (SCADA) support services and authorize the Mayor to execute the required documents for: a) Contract No. 320000156 with Quantum Integrated Solutions, Inc.; and b) Contract No. 320000234 with Felix Construction Company. This item was approved with the Consent Calendar vote. 5 11. CONTRACT – consider approval of Job Order Contracts (JOC) in an amount not to exceed $5,000,000 per year for each contract for General Utility Projects and authorize the Mayor to execute the required documents for: a) Contract No. 320000097 with B&F Contracting Inc.; b) Contract No. 320000230 with Haydon Building Corp.; and c) Contract No. 320000231 with Hunter Contracting Co. This item was approved with the Consent Calendar vote. 12. CONTRACT – consider approval of: a) Task Order No. 006 to Job Order Contract (JOC) Contract No. 319001105 with Felix Construction, Inc. in an amount not to exceed $216,516.33 for the North Water Plant Filter Rehabilitation Project Phase 2, Project No. WA1550, and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the CIP Contingency Fund to the Water Replacement Fund in the amount of $3,856,000 for Project No. WA1550. This item was approved with the Consent Calendar vote. 13. CONTRACT – consider approval of Task Order No. 6 to Job Order Contract (JOC) Contract No. 319001058 with Sunland Asphalt in an amount not to exceed $985,139.90 for asphalt resurfacing and asphalt stamping and coating services on Gilbert Road and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. CONTRACT – consider approval of Task Order No. 007 to Job Order Contract (JOC) Contract No. 319001058 with Sunland Asphalt, Inc. in an amount not to exceed $642,705.75 for asphalt resurfacing for Circle G Meadows subdivision and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14A. CONTRACT – consider approval of Agreement for Services Contract No. 320000314 with Nationwide Retirement Solutions, Inc. as the sole vendor for deferred compensation services (457 (b) plan) and defined contribution plan (401(a) plan) and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6 15. CHANGE ORDER – consider approval of: a) Change Order No. 3 to Contract No. 319000121 (EDEN No. 2018-1102-0104) with AZ Proclean Empire LLC increasing the contract amount by $32,400 to provide increased custodial services to the University Building and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund in the amount of $32,400. This item was approved with the Consent Calendar vote. 16. GRANT – consider applications for pass-through 12% Gaming Contribution Grants from the Gila River Indian Community and authorize the Mayor to execute the required documents for: a) Contract No. 320000273 for Gilbert Historical Society dba HD South in the amount of $100,000; b) Contract No. 3200002698 for Dignity Health Foundation-East Valley in the amount of $333,333 annually for three years; c) Contract No. 320000274 for Gilbert Chamber of Commerce in the amount of $10,000; and d) Contract No. 320000275 for One Small Step, Inc. in the amount of $15,000 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. GRANT – consider application of a 12% Gaming Contribution Grant Contract No. 320000272 from the Gila River Indian Community in the amount of $20,000 for the Native American Management Internship. This item was approved with the Consent Calendar vote. 18. BUDGET – consider approval of a Contingency Transfer from the Wastewater Contingency Fund to the Wastewater Operating Fund for unanticipated chemical costs in the amount of $130,000. This item was approved with the Consent Calendar vote. 19. BUDGET – consider approval of a Contingency Transfer from the General Fund in the amount of $56,260 for the repair of soccer field light poles at Gilbert Soccer Complex. This item was approved with the Consent Calendar vote. 7 20. BUDGET – consider approval of a Contingency Transfer from the Maricopa Association of Governments (MAG) Revolving Fund to Project No. ST1820 in the amount of $342,031.62 for construction on Pecos Road west of Lindsay Road. This item was approved with the Consent Calendar vote. 21. ELECTIONS - consider: a) adoption of a Resolution designating the election date and purpose, deadline for voter registration, last date for candidates to file nomination papers, and establishing responsibility for securing polling places for the Fall 2020 Election cycle; and b) authorizing the Town Clerk to execute the menu of services with Maricopa County Elections for a polling place election for the county-wide consolidated election. This item was approved with the Consent Calendar vote. Resolution No. 4118 was adopted. 22. BOARDS AND COMMISSIONS – consider acceptance of the resignation of Les Smith from the Planning Commission, effective on March 4, 2020. This item was approved with the Consent Calendar vote. 23. MINUTES - consider approval of the minutes of Regular Meeting and Special Meeting of February 18, 2020. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Jenn Daniels opened the public hearing for Items 24, 25, 27, 28, 29, and 30. No one wished to speak, and Mayor Jenn Daniels closed the public hearing. A MOTION was made by Councilmember Peterson, seconded by Vice Mayor Anderson, to approve Public Hearing Items 24, 25, 27, 28, 29, and 30. Motion carried 6-0. 24. LIQUOR LICENSE – conduct hearing and consider approval of a Series 6 Bar Liquor License for Hanger 9 Bar and Grille located at 1475 West Elliot Road. This item was approved with the Public Hearing Vote. 25. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Bar Liquor License for the Nail Lounge located at 3310 South Higley Road, Suite 103. This item was approved with the Public Hearing Vote. 26. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Bar Liquor License for Tru by Hilton Gilbert located at 1950 South SanTan Village Parkway. 8 Mayor Daniels opened the Public Hearing on Item 26. Robby Sensibaugh, Gilbert resident, was present and in support of Item 26 but did not wish to speak. Mayor Daniels closed the Public Hearing on Item 26. A MOTION was made by Councilmember Peterson, seconded by Councilmember Yentes, to approve Public Hearing Item 16. Motion carried6-0. 27. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Bar Liquor License for 12 West Brewing Company located at 3000 East Ray Road, Building 2. This item was approved with the Public Hearing Vote. 28. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Liquor License for Trilogy Golf Club at Power Ranch located at 4415 East Village Parkway. This item was approved with the Public Hearing Vote. 29. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Mod Pizza located at 5215 East Baseline Road, Suite 107. This item was approved with the Public Hearing Vote. 30. GENERAL PLAN GP19-13 / ZONING Z19-25 - conduct hearing and consider: a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 7.07 acres generally located at the southwest corner of Greenfield Road and Queen Creek Road from Residential >0-1 DU/Acre to Community Commercial (CC) land use classification; and b) approval of the findings and adoption of an Ordinance for Victory Plaza to rezone approximately 7.07 acres generally located at the southwest corner of Greenfield Road and Queen Creek Road from Single Family-35 (SF-35) and Single Family-43 (SF-43) to Community Commercial (CC) zoning district with a Planned Area Development (PAD) Overlay. This item was approved with the Public Hearing Vote. Resolution No. 4119 and Ordinance No. 2747 were adopted. 31. RESOLUTION- conduct hearing and consider approval of a Resolution modifying the boundaries of the Town of Gilbert Paratransit Service Area to reflect the federally mandated area. 9 Mayor Daniels opened the Public Hearing on Item 31. Development Services Director Kyle Mieras presented information on Paratransit services. He discussed differences between Paratransit, a federally-mandated accessible transit service, and RideChoice. He stated the change in the Town’s Paratransit service area would not leave riders without options, noting the RideChoice option would include the entire community. He stated at the current level of Town-wide service with no new riders, Paratransit services in Gilbert was projected to cost between $550,000-$700,000 per year beyond the amount received by Arizona Lottery funds. He said the upcoming year would be the first year that the Town would see a shortfall, with a projected budgeted amount of $375,000 to cover that shortfall. He highlighted the Town’s public outreach efforts including three community outreach meetings, one public hearing, household letters soliciting feedback, and robocalls from Valley Metro. He noted the number of citizens who attended the meetings and the comments provided by them. Mr. Mieras stated the staff recommended the approval of the resolution modifying the Paratransit service area boundary to reflect the federally-mandated area, noting the steps to follow after the resolution was approved and the proposed effective date of October 26, 2020. Councilmember Taylor asked about the reliability of RideChoice and spoke of negative feedback from citizens regarding unreliability and inconvenience. He asked about the lack of route options in Gilbert compared to surrounding communities and about long-range plans to extend bus routes and add frequency to existing lines. Development Services Director Kyle Mieras discussed the growth rate of surrounding communities and how they have extended their bus routes and planned for transportation. He stated there were long-range plans in Gilbert to extend bus routes. He noted a forthcoming transportation study with Valley Metro to assess needs and determine priorities. Vice Mayor Anderson asked if the Town had received any data of why costs had increased. Development Services Director Kyle Mieras stated he had seen an exact cost breakdown but noted changes in the contract of going from a taxi-type service to a per-mile cost; adding that additional fleet, fuel prices, and labor would drive up costs over time. Carol Ketcherside, Deputy Director for Planning and Development at Valley Metro, spoke of moving parts in the Paratransit scene. She stated prior to 2017, all Paratransit was being provided through non-dedicated taxi cabs as Valley Metro had no dedicated vehicles. She stated Regional Paratransit was introduced in 2017, meaning that riders no longer had to make a transfer between cities, but trips got much longer. She stated the biggest cost driver was that the average trip distanced increased. There was discussion regarding reasons for the change and how if impacted individuals who would previously have to wait for ride transfers. Councilmember Yentes asked if there had been comparisons with contract costs of other cities and different providers that the cities have utilized. Development Services Director Kyle Mieras stated that other cities had gone to the three-quarters of a mile structure but 10 have not gone to contracts with other providers. Mr. Mieras stated the provider for most cities and for all regional trips was Valley Metro. Virginia Morrison, Gilbert resident, spoke against the resolution which would modify the boundaries of the Paratransit service area. She stated reducing the boundaries would greatly impact the families who rely on the service for daily needs and the independence that defined their quality of life. She spoke of community generosity and efforts to help the most vulnerable. She asked the Council to vote no and to challenge the community and staff to find a solution to assist with the funding of the transportation service. Jeffrey Williams, Gilbert resident, spoke on behalf of himself and his wife Susan. He spoke of Gilbert’s City of the Future endeavor and its vision to innovate, create solutions, and help people. He stated that approval of the item would be opposed to that vision and damage its credibility. He spoke of their experiences with Paratransit and RideChoice. He stated approval of the item would be a significant blow to people with disabilities, noting that people needed rides to make them employable. He challenged staff to innovate and find funding sources and solutions. Jessica Falatyn, Gilbert resident, stated she was a foster parent for adults with disabilities. She stated there was a sad irony of celebrating the Light the World program and Arizona Disabled Sports while limiting people who would use that program. She stated Gilbert would be stopping Paratransit for half of its land mass but disenfranchising one hundred percent of the citizenship due to not being able to visit or shop in the other areas. She stated RideChoice was unsafe, inefficient, and more expensive. She asked the Council to do a study first before deciding, stating the Council could be both fiscally responsible and compassionate. Richard Dale, Gilbert resident, spoke of data provided by Maricopa Association of Governments (MAG) and Valley Metro. He referenced information provided by Gilbert Transportation Plan Manager Ellen Kennedy and said Gilbert was currently paying the fixed rate of $31 per trip. He stated Valley Metro was charging $18 overhead and compared that to rates in Los Angeles and Houston. He asked the Council to look for private vendors who could provide alternative options and improve efficiency. Roseanne Hendricks, Gilbert resident, spoke of the need of Paratransit to keep her job and her friends. She stated she was working on getting her own guardianship and needed the service to keep her job and appointments. She stated it was hard to remember to make appointments with RideChoice a day ahead of time and asked the Council to not take Dial- A-Ride away. Delilah Bryant, Gilbert resident, asked the Council to please not take Paratransit from her. She stated it was the way she got to work in Tempe, to doctor appointments, and to visit friends. She asked the Council to keep the program going. Councilmember Taylor thanked the public for sharing its views. He spoke of an opportunity to improve on the efficiency of the Valley Metro system. He stated helping those in need was the priority of public transportation and that able-bodied people were getting subsidies 11 for transportation. He said it was a “serious equity issue”, RideChoice may not be a reliable alternative, and he would like to review more data. Vice Mayor Anderson stated that for 191 people would be given a hard choice, adding he was not comfortable taking away the service and causing a more difficult time for those individuals. He said he would like to see if the same service could be offered by other vendors, adding he would like to see more studies and was not comfortable going forward. Mayor Daniels spoke of past discussions on Paratransit. She stated data can be looked at, but human experiences mattered. She said all individuals should participate in the community and not be alienated. She issued a challenge to Town of Gilbert staff, Valley Metro, and community partners to find better ways for transportation and to be more inclusive. She stated Valley Metro was doing great work by providing a valuable service, and she did not want the item to be a negative reflection of them. Councilmember Ray stated it would make sense to wait on the item. He thanked those who took the time to meet and work on the issue. He asked the Council to become involved in feedback and direction now, rather than waiting to provide feedback the next time the item came before the Council at the dais. Councilmember Peterson spoke of touring Valley Metro’s Mobility Facility. She said she struggled with the issue regarding ridership and requests for additional bus lines based on the data she had received. She spoke of concerns of how to pay for the Paratransit service and expressed concern for the individuals who use the service. Senior Transportation Manager Nathan Williams discussed the Transportation Feasibility Study and the Transportation Master Plan which would examine issues and possibly bring forth solutions. He stated he would recommend revisiting or continuing the item, rather than closing it. Mayor Daniels asked if there was a qualified, trained RideChoice option. She spoke of the safety of the individuals who would be transported. She said she was not indicating that current RideChoice options were unsafe, but asked if there were any that utilized additional training and screening. Mayor Daniels stated the item should be continued and more options should be provided to the Council. She noted there would need to be discussions on the budget implications of not approving the item. Councilmember Ray thanked staff for their efforts, adding it was not an issue of staff not doing a good job. Town Manager Banger stated it would be unlikely to reach a solution for the upcoming fiscal year. He stated for budgetary purposes those dollars should be budgeted for the following fiscal year while other solutions were considered. Mayor Daniels closed the Public Hearing on Item 31. 12 A MOTION was made by Councilmember Ray, seconded by Councilmember Peterson, to table Public Hearing Item 31. Motion carried 6-0. This item was tabled. ADMINISTRATIVE ITEMS 32. BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Subcommittee on Board and Commission Application Screening, Interview, and Selection b) Subcommittee on Land Development Code c) Ad Hoc d) Regional Meetings e) Citizens’ Transportation Task Force f) Industrial Development Authority g) Judicial Review Committee h) Mayor’s Youth Advisory Committee i) Parks and Recreation Board j) Planning Commission k) Redevelopment Commission l) Town of Gilbert, AZ Public Facilities MPC m) Town of Gilbert, AZ Water Resources MPC n) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits o) Utility Board Councilmember Taylor stated the Public Facilities Municipal Property Corporation recently held its annual meeting and thanked Office of Management and Budget Director Kelly Pfost. He spoke of the construction of the expansion of the Waste Water Treatment Facility and said there were tours available. Councilmember Peterson stated the Planning Commission accepted a resignation of one of its members. She recommended not filling the vacancy until September, which would allow the two alternates an opportunity to serve. The consensus of the Council was to wait to fill the vacancy. Vice Mayor Anderson stated the Citizens Transportation Task Force has made tremendous progress and would be presenting information at the upcoming Financial Retreat. 32A. COUNCIL ADMINISTRATION - Discussion regarding the filling of vacancies in the Office of Councilmember. Mayor Daniels discussed the application and interview process for filling Councilmember vacancies. She stated that Councilmember Yentes expressed concern regarding the process. Town Attorney Chris Payne referenced A.R.S. § 9-235 regarding the filling of a Council vacancy by appointment and the timing of 30 days before or after the cutoff. He stated the 13 statute was silent as to what Council can do in terms of the process, noting that a Council could not bind a future Council. Mayor Daniels stated that there was currently only one vacancy, and a new Councilmember could request that the Council revisit the entire process if needed. Councilmember Taylor stated he would like to make sure that the appointed person for the current seat would have the opportunity to review the applications and provide input. He said Councilmembers who may be resigning should have their rankings dropped, as they should not be considering their appointments. Mayor Daniels discussed requirements of public meetings and interviews, which she said would further delay the Financial Retreat. She spoke of adding an additional line to the process that would allow a newly appointed Councilmember the opportunity to review the candidates and perhaps rank on their own, if he or she chose to. She stated the Council did not wish to bind any future Council. Councilmember Taylor spoke of not limiting a new appointee from full expression as a Councilmember, stating it was unfair that Councilmembers would have that much weight on their replacements. Christine Accurso, Gilbert resident, spoke of the council applicant process. She said she appreciated the time and efforts of the Council but encouraged the Council to consider an adjusted process. She explained the process as she understood it, but stated it seemed odd that the other candidates would be kept for future appointments. She encouraged that after each appointment was made to go back to the original pool of applicants and start the process over. She stated if time was of the essence, the rankings of the Councilmember who would be leaving should be dropped. She also commented on the process of live-streaming the candidates’ interviews. Mayor Daniels noted that the public interviews were done for transparency and that candidates would be kept in private room, so they could not watch the other interviews live. Councilmember Ray stated a Councilmember could motion to appoint any candidate; it would not have to be even one of those interviewed. He stated a new Councilmember could vote to change the process if he or she had the support of the Council. Councilmember Yentes stated the argument was not that it was legally binding but stated it would change the trajectory of how the process unfolded. She stated it was an ethical argument, not a legal argument, adding there was a way to do the process within the time constraints that would still incorporate the suggestions. There was discussion regarding the process and assignments needed for Council as liaisons. 14 Mayor Daniels stated her goal was to have all Council seats appointed in advance of the Financial Retreat on April 16, 2020. She stated her recommendation was to take the appointments one vacancy at a time and add an additional statement to the process. Town Attorney Chris Payne stated the exact statement was not drafted but the idea would be to add the provision that after the new Councilmember was appointed, that Councilmember would have the opportunity to review all the applications and make recommendations to add to the short-list of applicants. POLICY ITEMS None. FUTURE MEETINGS There may be a discussion of whether to place an item on a future agenda and the date, but not the merits of the item. Requested Agenda Items and Projected Meeting Dates: TBD - Waive permit fees for Home Owner Beautification of Older Neighborhoods. Contact K. Mieras (E. Cook, B. Peterson, S. Anderson) TBD - Policy to add tall trees in the Riparian Preserve. Contact R. Carmona (E. Cook, B. Peterson, S. Anderson) 3/24/2020 - Possible formation of a Military and Veterans' Committee. Contact V. Shaffer (E. Cook, B. Peterson, J. Taylor) There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger thanked Development Services Director Kyle Mieras, Office of Management and Budget Director Kelly Pfost, and the staff who worked on the Paratransit service area item. He stated staff would continue to work on finding solutions. Report from the COUNCIL on current events. Councilmember Ray announced that the Gilbert Outdoor Expo would take place at the Gilbert Riparian Preserve on Saturday, March 7, 2020. Councilmember Peterson reported that on Saturday, March 7, 2020, there would be a commissioning ceremony of two new red fire engines. She said the ceremony would take 15 place at Station 8 on Germann Road and citizens were welcome to attend, wet down the trucks, and take fun photos. Report from the MAYOR on current events. None ADJOURN Mayor Daniels adjourned meeting at 9:01 p.m. ATTEST: ___________________________ ___________________________________ Jenn Daniels, Mayor Chaveli Herrera, CMC, Deputy Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Town Council of the Town of Gilbert held on the 3rdday of March, 2020. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________. ___________________________________ Chaveli Herrera, CMC, Deputy Town Clerk 16