Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, MAY 17, 2022 AT 6:30 PM, GILBERT PUBLIC SAFETY TRAINING FACILITY, ATLAS AUDITORIUM, 6860 SOUTH POWER ROAD, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Aimee Yentes, Councilmembers Scott Anderson, Laurin Hendrix, Yung Koprowski, Scott September, and Kathy Tilque COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Office of Management and Budget Director Kelly Pfost, and Assistant Town Engineer Susanna Struble AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:34 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Cory Breinholt of the Church of Jesus Christ of Latter-day Saints gave the invocation. Councilmember Anderson led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1 1. PROCLAMATION - Proclamation declaring the week of May 15-21, 2022, as National Public Works Week. Councilmember Anderson read a proclamation declaring the week of May 15-21, 2022, as National Public Works Week and presented the proclamation to Public Works Director Jessica Marlow, Town Engineer David Fabiano, Assistant Town Engineer Susanna Struble, and Water Manager Rebecca Hamel. Town Engineer Fabiano spoke of the importance of Public Works, and Director Marlow recognized Public Works staff and asked residents to thank those in Public Works also. 2. PROCLAMATION - Proclamation declaring May 21, 2022, as Kids to Park Day. Councilmember Tilque read a proclamation declaring May 21, 2022, as Kids to Park Day and presented the proclamation to Parks & Recreation Business Manager Rocky Brown, who discussed Gilbert’s many parks and amenities and encouraged residents to use those amenities on that special day. COMMUNICATIONS FROM CITIZENS Paul Kaup, Gilbert resident, stated he was a pilot/captain with Southwest Airlines and said he was the owner of a not-for-profit company called STEM+C, that engages students in aviation, aeronautics, and aerospace. He said he was advocating for Gilbert to establish a dedicated flying site for model rocketry and model airplanes, adding what might have been considered a hobby in the past was now a legitimate Science, Technology, Engineering, and Mathematics (STEM) tool and that model planes were similar to actual airplanes in flight controls. He discussed the lack of students going into the aviation workforce and asked Gilbert to invest in being the City of the Future. Dawn Marie Buckland, Gilbert resident and former Gilbert Budget Director, said she was there to discuss her appreciation as a resident. She said she wanted to thank the Mayor, Council, and entire leadership team for their efforts to keep the taxes, 2 rates, and fees low while providing exceptional service, adding Team Gilbert was amazing and that Gilbert was special. She asked the Council to keep in mind why they had chosen to live in Gilbert, what they stood for and were trying to fix, but to also keep in mind what they loved about Gilbert while making decisions. Mitchell Caty, Gilbert resident, said his topic had been festering and he had spoken to many people about the problem without resolution. He discussed issues at the Basha’s store parking lot near Higley and Elliot Roads with children riding scooters, motor bikes, and sometimes golf carts illegally. He said they were TikTok challenges, had become an epidemic, and he did not want to see kids get hurt. He said it was a community issue and he had already gone to the police and other departments but was told there was too much “red tape” involved. He also spoke of instances with children being ambushed and shot with paintball guns, noting one child who was hit in the eye and was recovering. Jared Canson, Gilbert resident, spoke of STEM+C owner Paul Kaup. He said Mr. Kaup was an outstanding pillar of community and was teaching his four-year old how to fly. He said the program provided opportunities for families without costing money, that Mr. Kaup’s events drew in big Fortune 500 companies and universities, was first class all the way, and also got retired Veterans involved. He asked the Council to help fund Mr. Kaup’s efforts, adding filling that void could prevent kids from getting into mischief. Stephanie Robertson, Gilbert resident, discussed the Town’s plan to widen Ocotillo Road between Val Vista and Greenfield. She said they lived on the north side of the area and there had only been four accidents there in a year. She said because they lived on a county island, they were not able to vote and did not get surveyed but now had to deal with that issue. She said the project affected 46 families on both sides of the road, adding traffic was minimal but would substantially increase if the bridge was built. She noted the impact to their property values, speed changes, traffic problems, and tax implications. She also discussed an equine path, adding no one 3 was going to ride a horse by the road and said she would be happy to talk with anyone interested on the issue. Terri Naddy, Gilbert resident, said she lived in a Gilbert county island and represented one of the 46 families affected who were against the current scope of the project to widen Ocotillo Road between Val Vista and Greenfield. She said they reviewed documents and found statistics that supported their desire to change the scope of the project and she sent an email to the Council and staff on May 12, 2022 expressing the desire to speak and negotiate with the Town on the project to find a mutually-beneficial solution. She said because they were county islanders, they did not have the opportunity to vote but it affected their community too. She said this was their first opportunity to plead their case and she trusted they would be allowed the opportunity to give input and discussed leaving no stone unturned. She discussed the City of the Future initiative, but said Gilbert was also a town with a rural heritage and that celebrated its rural roots. She said the Transportation Master Plan noted moving people, not cars, but made no mention of horses. She asked if their plans for a multi-phase community included county islanders and how they could participate in surveys. She also said the survey results represented a minuscule amount of Gilbert’s population. CONSENT CALENDAR A MOTION was made by Vice Mayor Yentes, seconded by Councilmember Koprowski, to approve Consent Items 3, 4, 5, 6, 8, 9, 11, 12, 13, 14, and 15; remove Item 10 from the Consent Calendar; and continue Item 7 to the June 14, 2022 Council meeting. Motion carried 7-0. 3. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 322000332 with Town of Queen Creek for shared use of Fire Investigators and authorize the Mayor to execute the required documents. 4 This item was approved with the Consent Calendar vote. Resolution No. 4290 was adopted. 4. CONTRACT – consider approval of Amendment No. 2 to Contract No. 320000423 with Artistic Land Management Inc. in an amount not to exceed $184,985 for one new well site, one new reservoir site and cost increase of 3% and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of Project Management/ Construction Management (PM/CM) Services Contract for Construction Manager at Risk (JOC) Project Contract No. 322000330 with Burgess & Niple, Inc. in an amount not to exceed $104,290 for the Southern Manhole Rehabilitation Project, Project No. WW1242, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 6. BUDGET/PURCHASE – consider approval of the following Contingency Transfers to purchase fourteen (14) Police Patrol vehicles, in an amount not to exceed $923,458 pursuant to Cooperative Purchase Agreement No. 322000321 with Courtesy Chevrolet: a) the General Fund in the amount of $460,810 of FY 2022 Contingency; b) the General Fund in the amount of $54,810 of FY 2023 Contingency; c) the General Replacement Fund in the amount of $397,100 of FY 2022 Contingency; d) the General Replacement Fund in the amount of $36,500 of FY 2023 Contingency; 5 e) the Special Revenue Fund in the amount of $65,560 of FY 2022 Contingency; and f) the Special Revenue Fund in the amount of $7,560 of FY 2023 Contingency. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Fiscal Year 2022-2023 General Fund and Neighbor 2 Neighbor funds, Town Store funds and American Rescue Plan funds for human services contracts: a) approve the FY 2022-2023 allocation of $303,000 in General Funds and $117,000 in Neighbor 2 Neighbor/Share My Stamp funds and $10,000 in Town Store funds to the priority areas as recommended by staff to provide non-profit support in the community; b) approve the allocation of $1,207,993 in American Rescue Plan Funds to the priority area as recommended by staff to provide non-profit support in the community; c) approve Contract No.322000343 with AZCEND in the amount of $300,000; d) approve Contract No. 322000352 with Dignity Health Foundation - East Valley in the amount of $287,993; e) approve Contract No. 322000355 with Rebuilding Valley of the Sun in the amount of $100,000; f) approve Contract No. 322000368 with AZCEND- Homeless Services in the amount of $100,000; g) approve Contract No. 322000362 with Habitat of Humanity Central AZ in the amount of $100,000; 6 h) approve Contract No. 322000367 with Child Crisis in the amount of $100,000; and i) approve Contract No. 322000370 with Central Arizona Shelter Services in the amount of $100,000 and authorize the Mayor to execute the required documents; and j) authorize a Contingency Transfer from the Grant Fund in the amount of $1,207,993 in FY 2023 for the American Rescue non-profit expenditures. This item was continued to the June 14, 2022 Council Meeting. 8. CHANGE ORDER- consider approval of Change Order No. 1 to Contract No. 321000388 with Y.S. Mantri and Associates, LLC, (YSMA) increasing the contract amount by $35,549 for the Higley and Bridges Traffic Signal Improvements, Project No. TS1943, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. BUDGET – consider approval of Contingency Transfer in the total amount of $55,110 for the claim settlements incurred for the period of January 1, 2022 to March 31, 2022 from: a) the General Fund in the amount of $5,930; b) the Streets Fund in the amount of $6,240; c) the Capital Improvements Fund in the amount of $2,980; d) the Wastewater Fund in the amount of $14,770; e) the Environmental Services - Residential Fund in the amount of $13,530; 7 f) the Environmental Compliance Fund in the amount of $10,320; and g) the Fleet Fund in the amount of $1,340. This item was approved with the Consent Calendar vote. 10. CAPITAL IMPROVEMENT PLAN - consider accepting the draft Capital Improvement Plan (2023-2032) and declare it a public document. Councilmember Tilque stated it may be best for the public to understand that if the Council approved the Capital Improvement Plan, each project would come back before the Council in a public hearing before they were carried forward. Office of Management and Budget Director Pfost stated by approving the Capital Improvement Plan, it approved the first year of funding which were projects funded for FY2023; then any of those contracts that required Council approval would come back to Council for approval as future agenda items, adding there would be opportunity for input. Councilmember Tilque said there seemed to be several consultant reports being used at the same time the Town was evaluating Capital Improvement Plan (CIP) projects, asking if the Town was communicating with other entities within the Town to make sure projects were not moving forward after gears had been shifted. She said there were a lot of moving parts, stating when something was approved, she wanted to make sure that it was communicated throughout and that everyone was on the same page. Assistant Town Engineer Struble stated the CIP projects were reviewed annually and coordinated, then staff were asked to work within their master plans to ensure they were aligned correctly, that any adjacencies with other projects were taken into account, and that stakeholders were brought in as well. 8 Councilmember Tilque noted previous conversations about the crime lab and how it could best be accommodated in the CIP, asking for an update. Director Pfost stated the initial draft for the study session included $45,000,000 in design and construction planned in FY26-27; adding it had been adjusted and there was $2,900,000 of design in FY26 as a placeholder. She said the teams were continuing to work on it, then it would be brought to the Council at future meetings to get additional input, noting it had been changed and was represented in the preliminary budget that was presented to the Council in the current documents. Vice Mayor Yentes stated that on a prior agenda there was a contract for the study of the commuter rail or transit stations. She said the item had been moved to a future agenda at the end of August 2022, asking if it would be reflected in the future budget. Director Pfost stated the project would remain funded and then would have to go back to the Council for approval of contract or change of scope, or if the Council decided not to do the project, the funding would be removed; she said the budget as-is gave the Council full opportunity to make those decisions. Vice Mayor Yentes asked about an out-year expenditure for a community culture and heritage facility. Director Pfost said she believed a cultural and education center for Parks and Recreation was planned beyond 10 years and was a placeholder for a potential future amenity but was not in the near term. Councilmember Anderson said it was similar to the Riparian Preserve Education Center which was one of those placeholder projects that finally got moved up. A MOTION was made by Councilmember Tilque, seconded by Councilmember September, to approve Item 10. Motion carried 5-2, with Vice Mayor Yentes and Councilmember Hendrix casting the dissenting votes. 11. FEES – consider adoption of a Resolution approving an updated fee schedule for Gilbert Public Safety Training Facility. 9 This item was approved with the Consent Calendar vote. Resolution No. 4291 was adopted. 12. HUMAN RESOURCES - consider approval of and authorize the Mayor to execute the required documents of: a) a Contingency Transfer for the Self-Insured Health fund in the amount of $5,000,000 for medical claims to be offset by stop loss insurance reimbursements; and b) approval of stop loss coverage with Aetna in the amount of $1,325,663 for FY 2023. This item was approved with the Consent Calendar vote. 13. HUMAN RESOURCES- consider confirming the appointment of James S. Dunham as a Judge Pro Tempore of the Gilbert Municipal Court. This item was approved with the Consent Calendar vote. 14. BOARDS AND COMMISSIONS - a motion to accept the resignation of Marci Norton from the Fire & Police Public Safety Personnel Retirement System (PSPRS) Local Pension Boards, effective May 17, 2022. This item was approved with the Consent Calendar vote. 15. MINUTES - consider approval of the minutes of the Regular Meeting of April 26, 2022 and Study Session Meeting of April 26, 2022. This item was approved with the Consent Calendar vote. PUBLIC HEARING 10 Mayor Peterson opened the public hearing for Items 16, 17, 18, and 19. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember September, seconded by Vice Mayor Yentes, to approve public Items 16, 17, 18, and 19. Motion carried 7-0. 16. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Rio Rico Mexican Grill located at 959 North Val Vista Drive. This item was approved with the Public Hearing Vote. 17. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Buck and Rider located at 3150 E Ray Road, Suite 100. This item was approved with the Public Hearing Vote. 18. BUDGET - conduct hearing and adopt the budgets of the 2022-2023 Street Light Improvement Districts (SLID) and establish June 14, 2022 as the date of the final public hearing and adopting the tax levy for the districts. This item was approved with the Public Hearing Vote. 19. BUDGET - conduct hearing and adopt the preliminary budgets on the Parkway Maintenance Improvement District Nos. 07-01, 07-02,07-03, 07-04, 07-05, 07-06, 07-07, 07-08, 07-09, 07-10 and 07-11 for July 1, 2022 to June 30, 2023 and establish June 14, 2022 as the date of the final public hearing and adopting a tax levy for the districts. This item was approved with the Public Hearing Vote. 11 RECESS REGULAR MEETING AND RECONVENE IN SPECIAL MEETING Mayor Peterson recessed the Regular meeting and reconvened in Special Meeting at 7:18 p.m. 20. BUDGET - conduct hearing regarding the FY 2023 Property Tax Levy and direct staff; if necessary, to submit an Ordinance setting the secondary property tax levy for FY 2023 at $29,600,000 for adoption on June 14, 2022. At the request of Councilmember Tilque, Office of Management and Budget Director Pfost provided an overview of the item stating it was the preliminary budget adoption which set the maximum expenditure limit for the upcoming year. She said there would be a final budget adoption in June 2022. She reiterated that the current ask of the Council was to adopt the preliminary number to set the maximum expenditure limit, the property tax rate, and that the final property tax adoption would also be in June. Councilmember Tilque discussed Item 20, the property tax levy, and asked for confirmation that it stayed within the amount promised to voters when they approved the bonds. Director Pfost confirmed it remained at the 99 cents per $100 of assessed valuation that was indicated to voters when they approved the bond. Councilmember Anderson asked for explanation why the levy was more this year than last year. Director Pfost said the levy was the total dollar amount of property tax that was gained. Pfost said as the Town grew with businesses and residents, and individual properties also increased in appreciation, it created more value in the Town; therefore, the rate of 99 cents could remain the same because there was more property and value in the Town that it could be spread over. 12 Councilmember Anderson asked what the funds were used for. Director Pfost stated the funds were restricted and the secondary property tax could only be used on voter-approved bonds and funds were kept in a separate account. Councilmember Anderson asked what happened if that amount of revenue was not collected. Director Pfost stated if that amount of revenue was not collected the Town would have to find other money to make up the difference which would shorten another area, summarizing efforts to avoid default. Councilmember Anderson noted the effects it would have on the residents and community. Councilmember Hendrix asked how the 99-cent rate was calculated. Director Pfost stated it was a function of the total property value and the amount needed to be collected for the debt service payments. Councilmember Hendrix asked for confirmation that the Town took the amount needed to be collected for debt service payments on the voter-approved bonds, then divided that by the value of all the property in the Town. He asked about the values used for the calculations. Director Pfost said it was the total assessed value of the town, the amount needed from property tax levy, and that equaled the rate. Councilmember Hendrix discussed fractions, stating the top of the equation was the sum of all the payments the Town needed to pay for the debt that was voter-approved and the bottom number was the sum of the assessed values of all of the properties in Gilbert. He asked Town Manager Banger if there was someone who could answer the question regarding the equation for calculations, to which Manager Banger replied that Director Pfost would respond. Councilmember Tilque stated part of the equation was that it dictated the amount of debt that could be accumulated to stay within the 99 cents for $100 of assessed value. She said the Town could only sell the amount of bonds that it had the ability to pay back on an annual basis, which was part of the equation. Director Pfost replied that the levy amount was used, divided by the total amount that was taxable in the Town, and then divided by 100. Councilmember Hendrix 13 repeated the equation for clarification, then said the levy was the sum of all the payments that would be made on the voter-approved bonds, which he said he assumed would not change unless it was manipulated, asking for clarification that it was a fixed number and would not change. Director Pfost said there were options as the bonds were restructured to choose which years had which principle and interest when they were first issued, adding in order to accommodate what was indicated to the voters per instruction from the Council to keep it at the 99-cent rate, they had worked to structure the bonds to fit within that amount. Councilmember Hendrix noted the “bottom number” and asked about how many properties there were in Gilbert, to which Director Pfost said she did not know that number. It was stated that the County Assessor provided that number on February 10th. Councilmember Hendrix said the Town did not know the bottom number and did not know the top number either, because it depended on the number of bonds issued. He said the Town had to somehow come up with a debt service to pay bills and that those unknown numbers “magically” came up to 99 cents again. Director Pfost replied the direction from the Council was to stay at the 99-cent rate and that was used to help structure the bonds, which also helped to maximize the amount of principle and minimize the amount of interest within those constraints. Councilmember Hendrix stated the direction of the Council was to keep the rate at 99 cents, that it did not matter what the Town needed to spend or what was needed. Director Pfost addressed efforts to keep that rate the same and discussed forecasting for growth and the statutory maximum of 5%, but said in the future there may be some deviation if additional bonds were not sold and could not be corrected back to the 99 cents. Councilmember Hendrix repeated that the numbers were unknown but that the goal in some meeting was just to keep the rate the same, regardless of need, and to manipulate the tax to keep the rate the same. Director Pfost stated that was not correct, that the Town had the ability when bonds were set to set the top number at an amount that would get them close to that 99-cent rate and noted the flexibility to keep up to 10% in reserves. Councilmember Hendrix asked if the Town manipulated the property value, stating one number had to be 14 manipulated to keep the rate the same, again stating the Town must manipulate the levy to keep the rate the same. He discussed elections and political spinning of information, stating he did not know what the problem would be to pay off bonds and have property taxes to go down. Councilmember Tilque said she appreciated Councilmember Hendrix’s passion, but said Director Pfost was badgered and she apologized for his behavior. She said the Council set the priorities of the projects they needed a bond for, not the staff. She said they asked the voters to pass the bond and made it clear that the rate would stay the same; however, if the assessed valuation increased one could have an increase in property tax and that message was made clear to residents. She said she believed there was a limit by the County Assessor of how much one’s assessed valuation could increase for taxes. She said there was no intent of the Council to disillusion the residents and she felt comfortable that the Town would sell bounds and prioritize projects to keep within that tax rate to the best of their ability, though there could be a slight increase in the property tax. She discussed her own tax payment and that it may be about a $5.00 increase for most. She said there were no behind the scenes meetings; it was done in public meetings where the Council approved staff recommendations. Mayor Peterson apologized to Director Pfost for the way Councilmember Hendrix spoke to her and said she did an amazing job. She said a home would go up 5% every year based on Prop. 117 that was passed after the recession in 2012. She said her bill from the Town of Gilbert increased by $27.22 for her home for the entire bill because her home increased in value by 5%. She discussed an article done by Tom Blodgett with Community Impact, by working with Assessor Eddie Cook and former staff member Dawn Marie Buckland; the article explained the levy, how the assessment worked, Prop. 117, and that affected a tax bill. She noted Gilbert did not have a primary property tax, only a secondary property tax, and spoke of the efforts of the Council to lower the rate down to 99 cents and have it remain low while still collecting enough to pay down the debt. She noted the funds could not be used for anything in the community other than to pay down the debt, adding they 15 could not be used for things like fire and police or salaries. She said it was only to pay down the debt of the community that was approved by the voters. She noted the rate was $1.25 only about 10-12 years ago. She said the assessed value of a home was not based on a Zillow estimate; it was based on the County Assessor and full cash value versus the limited value on the tax bill. She noted that the Town of Gilbert was one of the lowest portions of the tax bill; that the highest was typically for school districts and other districts such as flood control. Mayor Peterson shared her personal tax bill showing a comparison of bills for comparable homes in Chandler and in Glendale, adding comparable homes in other areas were at least $1,000 more than hers in Gilbert. She noted that the tax statements were public record on the County Assessor’s website. She said the same conversation was had every year in Gilbert and it was ideological versus logical, adding she was tired of listening to complaints and people were not understanding the benefits in Gilbert and what a great job staff members were doing. Councilmember September asked about Prop. 117 and if more was collected each year on the same rate, which was confirmed. Vice Mayor Yentes expressed appreciation for Prop. 117 due to restricting higher increases, adding we may see property values ballooning. She asked about the breakdown of debt service, what was anticipated for transportation, and the aggregate amount on bonds, to which Director Pfost answered $200,000,000. Vice Mayor Yentes asked about CARES Funds that would be used to retire or discontinue some debt early, to which Director Pfost noted it was System Development Fees (SDF) and would be on the next Council agenda. A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Item 20. Motion carried 5-2, with Vice Mayor Yentes and Councilmember Hendrix casting the dissenting votes. 16 21. BUDGET - acceptance of the preliminary budget for July 1, 2022, to June 30,2023 of $1,670,841,740 and establish June 14, 2022, as the date of public hearing and adoption of the final budget. Councilmember Tilque expressed gratitude for the opportunity to learn more about the item prior to the meeting and stated that was why she had no questions. Mayor Peterson noted the budget was discussed in a prior Study Session. A MOTION was made by Councilmember Tilque, seconded by Councilmember Anderson, to approve Item 21. Motion carried 5-2, with Vice Mayor Yentes and Councilmember Hendrix casting the dissenting votes. ADJOURN SPECIAL MEETING AND RECONVENE REGULAR MEETING Mayor Peterson adjourned the Special Meeting and reconvened the Regular Meeting at 7:52 p.m. ADMINISTRATIVE ITEMS 22. COUNCIL ADMINISTRATION - Letter from Office of the Arizona Attorney General regarding Open Meeting Law and the Gilbert Town Council. Vice Mayor Yentes stated the topic of Open Meeting Law was ripe for reform, if any legislators were listening, adding it had flaws in the system making it hard for policy makers to discuss topics and leaving items to be staff driven. Mayor Peterson read a personal statement regarding the Open Meeting Law violation stating she took full responsibility for an email that she sent regarding the Town logo, adding the logo did affect budgets. She restated that she took responsibility and was passionate about the Town and its staff. 17 Councilmember Tilque said she agreed with Vice Mayor Yentes that State legislators should look at those open meeting law issues and reform, adding she believed in being transparent, but at times it would be good to talk to each other. She asked if there was any action needed on the item, to which Town Attorney Payne stated no, that it only had to be placed on an agenda. Councilmember Anderson apologized to staff for a tagline added to emails by staff reminding the Council not to use the “reply all” email feature to prevent violating Open Meeting Law. He also apologized for the error and took full responsibility for selecting the wrong option with his response. Mayor Peterson said she agreed that reform was needed regarding Open Meeting Law, but said the Council did not generally speak outside public meetings. Councilmember Hendrix stated he did want to comment on the item, read the letter provided from the Attorney General, and asked about the legal requirements of the item. Town Attorney Payne stated that if there was a formal statement made by the Town, it would need to be pre-approved by the Attorney General’s Office; otherwise, if there was no formal Town statement, the item only needed to be placed on an agenda for possible discussion. Councilmember Hendrix asked if he could speak on the item then, since it was part of the agenda, to which Town Attorney Payne confirmed. Councilmember Hendrix discussed the complaint regarding an email from Mayor Peterson about the Gilbert logo and the Public Safety Training Facility. Councilmember Hendrix stated he was not concerned about the logo but concerned about the response once it occurred. He said her email was an open-ended question soliciting discussion, stating the Town ignored the issue and later gave Open Meeting Law training to the Council. He said the Council was not held accountable as a public body and then discussed a separate, newer email that he believed may have also violated Open Meeting Law. He discussed a follow-up email clarifying the intent of such email and Town Attorney’s Payne’s discussion with him 18 regarding that email and efforts to not hold people accountable and to do damage control. He also discussed examples with recent Ethics Complaints and the recent change in Town Code that allowed the opportunity for such complaints to be dismissed. He began discussing the film Toy Story and a character who made messes leaving others to clean them up. Councilmember September called for a point of order, asking if Councilmember Hendrix’s comments were beyond the scope of item. Town Attorney Payne stated that any discussion about the letter from the Attorney General would be appropriate. Mayor Peterson responded to the criticism of Councilmember Hendrix, adding that in the past, Councilmember Hendrix was the one who recommended and voted favorably that the Town Code be changed regarding how ethics complaints were handled and voted against action on a prior ethics complaint. She said that when Councilmember Hendrix brought up a newer email that he believed violated Open Meeting Law, he implied that it was related to her, but it was not related to her at all. She reiterated that with her one reported violation regarding the logo, that she took full responsibility. She stated it was one mistake she made and spoke of her many years and hours of service to the Town Council and Planning Commission without incident. She stated she was done with Councilmember Hendrix’s behavior and abuse on the Council, spoke of social media videos he made, and said others did not want to speak if he was at the table (dais). Councilmember Hendrix responded to those comments, discussed decorum, and said he did not join the Council to talk about the Mayor. Mayor Peterson stated she was running the meeting and they would be moving on to the next item. There was no action/voted needed on this item. 23. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the Third Quarter of FY 2022. 19 A MOTION was made by Vice Mayor Yentes, seconded by Councilmember Tilque, to approve Item 23. Motion carried 7-0. 24. BOARDS AND COMMISSIONS – consider reappointment of incumbents Ben Kalkman and Stanley "Scott" Williams to the Parks and Recreation Board, with terms beginning May 17, 2022, and ending May 12, 2025. A MOTION was made by Councilmember September, seconded by Vice Mayor Yentes, to reappoint Ben Kalkman and Stanley “Scott” Williams to the Parks and Recreation Board as regular members, with new terms beginning May 17, 2022 and ending May 12, 2025. Motion carried 7-0. 25. 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) Judicial Selection and Advisory Board f) Mayor’s Youth Advisory Committee g) Parks and Recreation Board h) Planning Commission i) Police and Fire Public Safety Personnel Retirement System (PSPRS) Local Pension Boards j) Redevelopment Commission k) Town of Gilbert, AZ Deferred Compensation Trust Board l) Town of Gilbert, AZ Public Facilities Municipal Property Corporation m) Town of Gilbert, AZ Self-Insured Trust Fund Board n) Town of Gilbert, AZ Water Resources Municipal Property Corporation o) Utilities Board p) Veterans Advisory Board 20 Councilmember Anderson discussed the Arizona Municipal Water Users Association (AMWUA), stating the drought and water shortage was serious and would increase over time. He said there was a video he would like to share to give the community an idea of the severity before the Town began making decisions on the subject. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger congratulated Development Services Director Kyle Mieras, former Transportation Planning Manager Chris Bridges, the Office of Digital Government, and all staff who worked on the Transportation Master Plan, adding it took a lot of effort and there was much more work to be done. He also thanked Office of Management and Budget (OMB) Director Pfost and the OMB Team for their outstanding work on the budget. Report from the COUNCIL on current events. Councilmember Tilque reported the ribbon cutting for the Gilbert Sister Cities Friendship Garden would take place on Friday, May 20, 2022, and noted Alderman Mark Cosgrove and others from Antrim-Newtownabbey, one of Gilbert’s Sister Cities, would be present for the occasion. 21 Report from the MAYOR on current events. Mayor Peterson welcomed Alderman Mark Cosgrove and his staff Steven Norris and Michael McKenna, from Antrim-Newtownabbey, Northern Ireland, one of Gilbert’s Sister Cities, to the Council meeting. She discussed attending the groundbreaking of the Gulfstream Aerospace at Phoenix-Mesa Gateway Airport. ADJOURN Mayor Peterson adjourned meeting at 8:16 p.m. ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Chaveli Herrera, 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 17th day of May, 2022. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2022. ___________________________________ 22 Chaveli Herrera, Town Clerk 23