Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, DECEMBER 15, 2020 AT 6:30 PM, MUNICIPAL CENTER I, COUNCIL CHAMBERS, 50 E CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Scott Anderson, Vice Mayor Yung Koprowski, Councilmembers Laurin Hendrix, Jared Taylor, Kathy Tilque, and Aimee Yentes COUNCIL ABSENT: Councilmember Scott September STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Project Supervisor Ryan Blair, Town Engineer David Fabiano, and Chief Digital Officer Dana Berchman AGENDA ITEM CALL TO ORDER Mayor Anderson called the meeting to order at 6:30 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Taylor led the Pledge of Allegiance. Councilmember Hendrix gave the invocation. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS None. COMMUNICATIONS FROM CITIZENS None. CONSENT CALENDAR A MOTION was made by Councilmember Yentes, seconded by Councilmember Taylor, to approve Consent Items 1, 1A, 3, 4, 5, 7, 7A, 8, 10, 11, 12, 13, 14, 14B, 15, and 16; remove Items 2, 6 and 9 from the Consent Calendar; add Item 20 to the Consent Calendar appointing Amber Coleman to the Public Facilities Municipal Property Corporation with a term beginning January 2, 2021 and ending January 1, 2024; and add Item 21 to the Consent Calendar appointing James Graham and Nicholas Macaluso to the Water 1 Resources Municipal Property Corporation with terms beginning January 12, 2021 and ending January 11, 2024 and Lisa Horne to the Water Resources Municipal Property Corporation with a term beginning January 12, 2021 and ending January 11, 2023. Motion carried 6-0. 1. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 321000187 with the Town of Queen Creek for the collaboration and sharing of technical data in relation to the configuration of Versaterm Software, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 1A. INTERGOVERNMENTAL AGREEMENT – consider adoption of a resolution to authorize the donation of surplus personal protective equipment and surplus computer equipment to the San Carlos Apache Tribe and authorize the mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4173 was adopted. 2. INTERGOVERNMENTAL AGREEMENT/GRANT – consider and authorize the Mayor to execute the required documents of: a) approval of Intergovernmental Agreement No. 321000185 with the City of Phoenix - Phoenix Police Department/Arizona Internet Crimes Against Children (ICAC) Task Force; and b) application and acceptance of the 2020 Internet Crimes Against Children Sub-Grant, Contract No. 321000186, from the ICAC Task Force in an amount not to exceed $10,000 for the purchase of equipment and attending specialized training. Councilmember Taylor discussed Items 2 and 6 together. He stated Item 2 was a worthy cause, but he would like to see it supported locally, not with Federal sources. He discussed Item 6 and the effects of subsidized housing on housing prices, stating it was not in the best interest of the residents. A MOTION was made by Councilmember Tilque, seconded by Mayor Anderson, to approve Items 2 and 6. Motion failed 3-3, with Councilmembers Hendrix, Taylor, and Yentes casting the dissenting votes. A MOTION was made by Councilmember Hendrix, seconded by Councilmember Yentes, to reconsider Item 2. Motion carried 5-1, with Councilmember Taylor casting the dissenting vote. A MOTION was made by Councilmember Tilque, seconded by Mayor Anderson, to approve Item 2. Motion carried 4-2, with Councilmembers Taylor and Yentes casting the dissenting votes. 2 3. AGREEMENT – consider approval of Amendment No. 4 to Cemetery Development, Operating and Maintenance Lease Agreement No. 2016-5001-0122 with Gilbert Cemetery, LLC to modify the deadline of payment submittals related to the property located at 2100 E. Queen Creek Road, Parcel No. 304-58-001H, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. AGREEMENT – consider approval of renewal of Legal Services Agreement No. 319000349 (Eden No. 2016-1004-0353) with Michael A. Curtis, PLLC for legal advice in matters of electric power and energy authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. GRANT AGREEMENT - consider approval of the AZ CARES Fund Program Grant Agreement No. ERMT-20-042, Contract No. 321000200, with the State of Arizona Office of the Governor for the Town of Gilbert’s allocation of AZ CARES Act funding in the amount of $29,173,954 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS – consider approval of Substantial Amendment No. 2 to the Program Year 2019-2020 Annual Action Plan for Community Development Block Grant (CDBG) Activities in order to re-allocate the retuned supplemental funding established by the CARES Act, and authorize the Mayor or her designee to submit the Plan to the US Department of Housing and Urban Development (HUD). This item was voted on with Item 2. Motion failed 3-3, with Councilmembers Hendrix, Taylor, and Yentes casting the dissenting votes. 7. CONTRACT – consider approval of expenditures under Contract No. 319000249 (Eden No. 2017-1105-0670) with Axon Enterprise, Inc. in an amount not to exceed $332,545 for support and maintenance of Police Body Worn Cameras, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7A. CONTRACT – consider approval of Cooperative Purchasing Contract No. 321000184 with DataBank, utilizing the Department of Information Resources (DIR) Contract No. DIR- TSO-4378, in an amount not to exceed $97,795.16 for providing professional services and support and maintenance for the Hyland OnBase software, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3 8. CONTRACT – consider approval of Software and Services Contract No. 320000190 with Advanced Utility Systems, a Harris Company, in an amount not to exceed $2,737,911 for providing software, implementation and maintenance services, and support of modern utility services software; and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of Agreement for Professional Consulting Services Contract No. 321000192 with Greenlight Traffic Engineering, LLC in an amount not to exceed $120,000 for the School Safety and Congestion Study Project, Project No. ST2105, and authorize the Mayor to execute the required documents. Councilmember Yentes discussed collaboration with schools regarding their needs and potential cost-sharing. She stated the study may have more merit in the future as traffic patterns had not normalized yet. Project Supervisor Blair summarized the project stating it would determine the locations and types of analysis needed, noting the study would be based on congestion and safety issues around schools within the Town’s rights-of-way. Vice Mayor Koprowski asked when the consultant would be doing the field review for the project. Supervisor Blair stated, if approved by the Council, the review could begin in January but there was flexibility to change the start date. Town Engineer Fabiano discussed the need for the study based on historical challenges of school safety concerns raised by the public. He noted the study allowed opportunities for improvements by working with schools in the Chandler, Gilbert, and Higley School Districts through ongoing dialogue and proactiveness. He spoke of the timing of the study, stating data collection could start in the Spring if the schools had in-person learning but could be pushed to the Fall if the school was on a modified schedule. Vice Mayor Koprowski asked if the issues were brought up in the current school semester. Engineer Fabiano stated some complaints were received this year but not as many as in the past, as schools had modified in-person learning. He noted traffic in the community had lessened in general but some complaints still existed. Councilmember Yentes asked about the background of the ten schools that were chosen for the study and how the efforts could be extrapolated. Engineer Fabiano stated some schools had severe challenges and the Town had been working with them for a long time, noting most challenges were with schools located on arterial roads. Vice Mayor Koprowski noted part of the scope of the study was to identify the ten schools. Councilmember Taylor discussed the issue of timing, stating the study should roll into the next fiscal year’s budget. He noted the increase in online enrollment and the need for time to evaluate the changes and needs after COVID-19. 4 Vice Mayor Koprowski stated she supported any improvements to school safety and transportation. She noted the data analyzed would be historical and before COVID-19, and she would support the observations as long as school was in session. This item was tabled for future discussion. 10. CONTRACT – consider approval of: a) Project Management/Construction Management (PM/CM) Services for Construction- Manager-At-Risk (CM@R) Contract No. 320000436 with Wilson Engineers in an amount not to exceed $1,450,054 for the Neely Water Reclamation Plant (WRP) Rehabilitation, Project Nos. WW1090, WW1100, and WW1110; and authorize the Mayor to execute the required documents; b) a Contingency Transfer from the Wastewater Replacement Fund to Project No. WW1090 in the amount of $54,000 for the RAS/WAS Pump Station Replacement Project in FY2021 and FY2022; c) a Contingency Transfer from the Wastewater Replacement Fund to Project No. WW1100 in the amount of $27,000 for the Oxidation Ditch Rotor Replacement Project in FY2021 and FY2022; and d) a Contingency Transfer from the Wastewater Replacement Fund to Project No. WW1110 in the amount of $45,000 for the Filter Replacement project in FY2021 and FY2022. This item was approved with the Consent Calendar vote. 11. CONTRACT – consider approval of Architectural/Engineering (A/E) Services for Construction-Manager-At-Risk (CM@R) Contract No. 321000061 with Hazen and Sawyer in an amount not to exceed $894,574 for the Neely Water Reclamation Plant (WRP) Oxidation Ditch Rotor Replacement, Project No. WW1100, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. CONTRACT – consider approval of Job Order No. 2 to Job Order Contract (JOC) Contract No. 320000097 with B&F Contracting, Inc. in an amount not to exceed $1,582,465.50 for the Mystic Lago Gravity Sewer Project, Project No. WW0690, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000879 (Eden No. 2018-2106-0325) with Wilson Engineers, LLC increasing the contract amount by $270,701.76 for providing construction management services through Phase II of the Mystic Lago Gravity Sewer Reconstruction, Project No. WW0690, and authorize the Mayor to execute the required documents. 5 This item was approved with the Consent Calendar vote. 14. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319001058 with Sunland Asphalt increasing the contract amount by $30,358.09 for Left Turn Lane Safety Congestion Improvements of the Gilbert and Ray Road Intersection, Project No. ST1540, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14B. PURCHASE – a) consider authorizing the purchase of the required right of way and easements for improvements to Parcel No. 302-19-004B located at 333 N. Neely Street for the Western Powerline Pedestrian Bridge, Project No. PR1130 in the amount of $581,854.43; and b) a contingency transfer from the CIP Contingency Fund with outside sources as the designated revenue source in the amount of $581,860 for the negotiated price of Parcel No. 302-19-004B. This item was approved with the Consent Calendar vote. 15.BOARDS AND COMMISSIONS – consider removal of Joy Klein from the Citizens Transportation Task Force, effective December 15, 2020. This item was approved with the Consent Calendar vote. 16. MINUTES – consider approval of the minutes of the Regular Meeting of December 1, 2020 and Special Meetings of November 23, 2020 and December 1, 2020. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Anderson opened the public hearing for Items 17, 18, 19, and 19A. No one wished to speak and Mayor Anderson closed the public hearing. A MOTION was made by Councilmember Yentes, seconded by Councilmember Tilque, to approve public hearing Items 17, 18, 19, and 19A. Motion carried 6-0. 17.LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Bar Alcohol License for JP's Comedy Club located at 860 East Warner Road, Suite 101. This item was approved with the Public Hearing Vote. 18. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution 6 approving the acquisition of right-of-way and required easements for Parcel No. 304-54- 015D for Germann Road - Mustang to Val Vista, Project No. ST1450. This item was approved with the Public Hearing Vote. Resolution No. 4174 was adopted. 19. CODE OF GILBERT/BOARDS AND COMMISSIONS - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 1 General Provisions; Article IV Boards, Commissions, and Committees; Division IV Veterans and Military Advisory Board related to board name change to Veterans Advisory Board. This item was approved with the Public Hearing Vote. Ordinance No. 2786 was adopted. 19A. CODE OF GILBERT/BOARDS AND COMMISSIONS - consider: a) adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 3 Self-Insurance Program, Article II Health Benefits and Article III Workers' Compensation Insurance related to merging the Self-Insured Worker's Compensation Trust Board and the Self-Insured Health Trust Board into the Self-Insured Trust Board; b) approve an Amended & Restated Town of Gilbert Workers’ Compensation Trust Agreement; and c) approve an Amended & Restated Town of Gilbert, Arizona Self-Insured Health Trust Fund for Health Insurance Benefits Trust Agreement. This item was approved with the Public Hearing Vote. Ordinance No. 2787 was adopted. ADMINISTRATIVE ITEMS 20. BOARDS AND COMMISSIONS – consider appointment of one regular member to the Public Facilities Municipal Property Corporation with a term beginning January 2, 2021 and ending January 1, 2024. This item was approved with the Consent Calendar vote. Amber Coleman was appointed to the Public Facilities Municipal Property Corporation with a term beginning January 2, 2021 and ending January 1, 2024. 21. BOARDS AND COMMISSIONS – consider appointment to the Water Resources Municipal Property Corporation of: a) two regular members with full terms beginning January 12, 2021 and ending January 11, 2024; and b) one regular member to a partial term beginning January 12, 2021 and ending January 11, 2023. 7 This item was approved with the Consent Calendar vote. James Graham and Nicholas Macaluso were appointed to the Water Resources Municipal Property Corporation with terms beginning January 12, 2021 and ending January 11, 2024. Lisa Horne was appointed to the Water Resources Municipal Property Corporation with a term beginning January 12, 2021 and ending January 11, 2023. 21A. COUNCIL ADMINISTRATION – consider the Reconsideration of the Town Council’s action at the October 28, 2020 Special Meeting, approving Resolution No. 4165 adopting a new logo and brand. A MOTION was made by Councilmember Taylor, seconded by Vice Mayor Koprowski, to reconsider the Town Council’s action at the October 28, 2020 Special Meeting, approving Resolution No. 4165 adopting a new logo and brand. Motion carried 6-0. Town Manager Banger provided a summary of the item and the desire to have additional input into the monogram feature itself, noting a working group was established to suggest modifications and provide feedback. Chief Digital Officer Berchman provided a summary of the changes made to the branding and logo, noting the revisions to the monogram specifically. She noted the evolution of the logo and shared some of the feedback received from staff. Councilmembers Tilque and Taylor spoke in support of the changes. Mayor Anderson also spoke in support of the logo, noting Councilmember September was also supportive of the new design. A MOTION was made by Councilmember Taylor, seconded by Councilmember Tilque, to approve Resolution No. 4165 as amended with modifications. Motion carried 6-0. 22.BOARDS, COMMISSIONS, AND COMMITTEES - reports from Council Liaisons for the: a) Council Subcommittees b) Ad Hoc Committees c) Regional Meetings d) Industrial Development Authority e) Mayor’s Youth Advisory Committee f) Parks and Recreation Board g) Planning Commission h) Police and Fire Public Safety Personnel Retirement System (PSPRS) Local Pension Boards i) Redevelopment Commission j) Town of Gilbert, AZ Deferred Compensation Trust Board k) Town of Gilbert, AZ Public Facilities Municipal Property Corporation l) Town of Gilbert, AZ Self-Insured Trust Fund for Health Benefits m) Town of Gilbert, AZ Self-Insured Trust Fund for Worker’s Compensation n) Town of Gilbert, AZ Water Resources Municipal Property Corporation o) Utilities Board p) Veterans and Military Advisory Board 8 Vice Mayor Koprowski that the Citizens Transportation Task Force would begin meeting again in January 2021, and the Town was seeking three citizen representatives from three distinct areas of Gilbert. She noted the application would be open until 5:00 p.m. on January 4, 2021. POLICY ITEMS 23. POLICY NO. 2021-01 - consider approval of Council Policy No. 2021-01 regarding purchases from members of the Governing Body. A MOTION was made by Councilmember Taylor, seconded by Councilmember Tilque, to approve Item 23. Motion carried 6-0. Policy No. 2021-01 was adopted. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger congratulated Chief Digital Officer Berchman and the Digital Team for the work on the new branding and logo, also thanking the Council for their time and suggestions. He recognized Multimedia Analyst Zara Bish for her hard work. Manager Banger thanked the Council and staff for their work, particularly during a time of great uncertainty in the community. Report from the COUNCIL on current events. Councilmember Taylor acknowledged the Gilbert Police Department for their great work and spoke in appreciation of the Police, Fire, and Solid Waste Departments. He wished everyone Happy Holidays and a Merry Christmas. Report from the MAYOR on current events. Mayor Anderson wished everyone a Merry Christmas and Happy New Year and expressed appreciation to the Council and staff for their support to him during the past few months. ADJOURN Mayor Anderson adjourned meeting at 7:13 p.m. 9  ATTEST: ___________________________ ___________________________________ Scott Anderson, Mayor Chaveli Herrera, MMC, 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 15th day of December, 2020. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________. ___________________________________ Chaveli Herrera, MMC, Town Clerk 10