Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, JUNE 28, 2022 AT 6:30 PM, GILBERT PUBLIC SAFETY TRAINING FACILITY, ATLAS AUDITORIUM, 6860 S POWER ROAD, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Aimee Yentes, Councilmembers Scott Anderson, Laurin Hendrix (attended virtually), 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, Fire Chief Jim Jobusch, and Assistant Fire Chief Rob Duggan AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:48 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE President Jeff Tenney of the Church of Jesus Christ of Latter-day Saints gave the invocation. Mayor Peterson acknowledged the passing of Queen Creek Mayor Gail Barney, who was acknowledged in the invocation by president Tenney; Mayor Peterson said she lost a friend and a mentor in his passing. Councilmember Anderson led the Pledge of Allegiance. ROLL CALL 1 Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the month of June, 2022 as Active People, Healthy Nation Month. Councilmember Tilque read a proclamation declaring the month of June, 2022 as Active People, Healthy Nation Month and presented the proclamation to Nickie Blossey, Business Development Director of the American Heart Association. Nickie Blossey stated she was honored to receive the proclamation and be at the meeting with likeminded leaders who focused on health and wellness. 1A. RECOGNITION - Recognition of Chief Jim Jobusch, Fire Chief, for 30 years of service to the Town of Gilbert. Mayor Peterson recognized Fire Chief Jim Jobusch for 30 years of service to the Town of Gilbert. She stated that he started with the Town in 1992 as one of the very first firefighters for the Gilbert Fire and Rescue Department and had served as the Fire Chief for the past nine years. She shared the story of when Chief Jobusch and then Chief Colin Dewitt drove to New York and brought back a beam from the World Trade Center Twin Towers, which had since been on display in front of the Gilbert Municipal Center I location. She presented a plaque to Chief Jobusch and thanked him for his outstanding service and dedication to the residents, businesses, and visitors of the Town of Gilbert. Chief Jobusch thanked the Mayor and the Council for the recognition. He stated it had been his honor to not only be the Fire Chief for the last nine years, but to be a part of this community and department for 30 years. He spoked about the changes in Gilbert over the years and how the Fire Department had grown. He touched on family and how spending so much time with coworkers made them all become one big family. He said he was thankful for his own family and his work family. 2 COMMUNICATIONS FROM CITIZENS Eric Naddy, Gilbert resident, talked about the discussion of increased costs for Town projects during the Study Session. He stated these same costs would affect the widening of their road and said the Town could save money by not acquiring the extra 10 to 12 feet of their properties. He said the Town should take what it needed, not what it wanted. Terri Naddy, Gilbert resident, discussed her repetitive emails to the Council and stated that she was angry with herself for becoming someone who she did not know or like. She talked about the unnecessary process and asked the Council to look into their hearts. Rich Robertson, Gilbert resident, talked about the Study Session presentation regarding procurement and volatility issues and the connection with the Ocotillo Road Project. He asked the Council to direct staff to tap the breaks, save taxpayer dollars, and delay the project. DeVon Nelson, Gilbert resident, said she wanted to thank the Council for the inclusion of the residents’ concerns with Project Nos. WW1060, WW1246 and WW1546. She thanked them for taking the time to conduct assessments. She asked the Council to remember the residents and their wishes as they considered their options. Jim Torgeson, Gilbert resident, talked about the degrees of empathy amongst the Council. He talked about his mother living on a county island and having a similar experience with the Town, then discussed the Town utilizing the least intrusive option. He asked the Council to look at the individuals as human beings, then talked about reasonable needs and exercising empathy in their decision. 3 Christine Accurso, Gilbert resident, discussed the commuter rail being proposed in Gilbert and the feasibility study for the two stations. She asked the Council to get input from the community before decisions were made and stated that no public meetings were being had on the issue. Anthony Accurso, Gilbert resident, talked about his experience in attending a meeting regarding the commuter rail and stated that he recognized it was in the early stages. He said the fact that the Council had talked about the feasibility study using taxpayer dollars meant they were seriously considering the idea. He asked the Council not to use a dime to pay for the study. Debbie Gutzwiller, Gilbert resident, talked about black sealer on the streets absorbing heat, adding other cities were doing cool pavement studies that could help to reduce street heat by 12 degrees. She talked about using a cool sealant so the street did not absorb as much of the heat during the hot summers in Arizona. She encouraged the Council to take an interest in trying to cool off Gilbert in any way they could. Caroline Loder, Gilbert resident, stated she and her husband moved to Gilbert from Chandler and voiced her opposition of the proposal of the commuter rail. She stated most residents were not aware of it and talked about the impacts to homes being built close to the tracks. Mark Patrick, Gilbert resident, thanked the Council for serving. He discussed his opposition to the light rail and talked about the lack of communication regarding the project. He asked the Council to consider the effect of the project on the Gilbert community. Jean Frakes, Gilbert resident, discussed the history of the Town and spoke in opposition of the apartments being built in Gilbert. She also discussed concerns and opposition of the commuter rail. 4 Genny Jones, Gilbert resident, spoke in opposition of the commuter rail and voiced her concerns with raised taxes, increased crime, and the changes of atmosphere for the Town. Mary Ann Schwartz, Gilbert resident, spoke in opposition of the commuter rail and discussed there not being a need since buses were empty. She spoke about lack of communication about the project as well. Jason Tamura, Gilbert resident, spoke about Wyyerd Fiber which he said was on the agenda for approval and expressed his excitement about future opportunities. He thanked the Council for their engagement of the community and hearing them. Mario Chicas, Gilbert resident, talked about a prior Council meeting on April 26, 2022, and stated during that meeting one Councilmember stated residents were aware of commuter rail coming to Gilbert and another Councilmember stated the opposite. He said he took an unofficial poll of 79 people since that date and stated that zero knew about the commuter rail. He talked about the absence of information and stated that residents did not want the project. CONSENT CALENDAR A MOTION was made by Councilmember September, seconded by Councilmember Koprowski, to approve Consent Items 2, 3, 4, 5, 6, 7, 8, 9, 10, 10A, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 23A, 23B, 23C, 24, 25, 25A, 26, 27, and 28; remove Items, 11, 24A, and 28A from the Consent Calendar. Motion carried 7-0. 2. INTERGOVERNMENTAL AGREEMENT - consider approval of Intergovernmental Agreement No. 322000389 with Maricopa Association of Governments (MAG) for design assistance for a design assistance project for the Queen Creek Wash/Maricopa Trail Crossing at Power Road, Project No. PR1323, and authorize the Mayor to execute the required documents. 5 This item was approved with the Consent Calendar vote. 3. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 322000427 with Arizona Department of Transportation (ADOT) for Mews Road Improvements, Project No. ST2119, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 322000441 with The City of Mesa Police Department for conducting joint law enforcement training or attending law enforcement training hosted by either party and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4305 was adopted. 5. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 322000444 with The Town of Paradise Valley Police Department for conducting joint law enforcement training or attending law enforcement training hosted by either party and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4306 was adopted. 6. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 322000443 with The City of Tempe for the continued participation in the East Valley Regional Veterans' Court and authorize the Mayor to execute the required documents. 6 This item was approved with the Consent Calendar vote. Resolution No. 4299 was adopted. 7. AGREEMENT – consider: a) approval of Joint Development Agreement No. 322000388 with Pierce Manufacturing Inc. in an amount not to exceed $755,000 for a Volterra fire pumper and authorize the Mayor to execute the required documents; b) approval of Loaned Vehicle Risk Allocation Agreement to the Joint Development Agreement with Pierce Manufacturing Inc. and authorize the Gilbert Fire Chief to execute the required documents; c) approval of Data Systems Agreement to the Joint Development Agreement with Oshkosh Group Companies and authorize the Gilbert Fire Chief to execute the required documents; and d) authorization of a Contingency Transfer from the General Replacement Fund in the amount of $100,000 for FY 2023. This item was approved with the Consent Calendar vote. 8. AGREEMENT– consider approval of: a) Agreement for Services Agreement No. 322000438 with EnTech Solutions in an amount not to exceed $270,000 for the purchase and installation of the electric vehicle charger at Fire Station No. 2 and authorize the Mayor to execute the required documents; and b) a Contingency Transfer from the General Fund in the amount of $270,000 for the purchase of a commercial electric vehicle charger, infrastructure, and installation services to support the Volterra Fire Pumper. 7 This item was approved with the Consent Calendar vote. 9. AGREEMENT – consider adoption of a Resolution approving Telecommunications License and Right-Of-Way Use Agreement No.322000440 with Wyyerd Connect, LLC to operate a fiber-based telecommunications network within certain public rights- of-way and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4300 was adopted. 10. AGREEMENT – consider approval of Software as a Service Agreement No. 322000424 with Tyler Technologies, Inc. in an amount not to exceed $856,300 for the migration to a cloud-hosted solution for Enterprise Resource Planning (ERP) and Permitting to include annual maintenance and support for FY 2023 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10A. AGREEMENT – consider approval of Master Services and Purchasing Agreement No. 322000430 with Axon in an amount not to exceed $10,488,489.91 for the purchase and maintenance of Electronic Control Weapons (ECW), Body Worn Cameras (BWC), and software solutions and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. MEMORANDUM OF UNDERSTANDING – consider adoption of a Resolution approving Memorandum of Understanding (MOU) and Cost Reimbursement Agreement No. 322000429 with Federal Bureau of Investigation Greater Phoenix Area Child Exploitation and Human Trafficking Task Force (GPACEHTTF) for the purpose of collaboration and use of both State and Federal resources when 8 conducting child exploitation and human trafficking investigations and authorize the Mayor to execute the required documents. Councilmember September stated he learned about the issue of sexual exploitation of children in Phoenix and the East Valley after he had taken office. He said he got involved with CeCe’s Hope Center and they provided wraparound services for girls rescued from trafficking. He said he met with Chief Soelberg and learned that Gilbert was active in anti-trafficking activities. He thanked Chief Soelberg and Town Manager Banger for prioritizing this effort and putting it on the budget for the new year budget cycle. He added the detective that was in that role would work with the Federal Bureau of Investigations (FBI) and would use FBI resources to pursue people who were exploiting children. A MOTION was made by Councilmember September, seconded by Mayor Peterson, to approve Item 11. Motion carried 7-0. Resolution No. 4301 was adopted. 12. CONTRACT – consider approval of Agreement for Professional Consulting Services Contract No. 322000384 with Entellus, LLC in an amount not to exceed $608,998.05 for the Gilbert Storm Water Master Plan, Project No. SW0120, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CONTRACT – consider approval of Contract for Software Services Contract No. 322000340 with Apatamed, LLC in an amount not to exceed $220,000 for cloud- hosted Electronic Patient Case Management for the Police Department Counseling section and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. CONTRACT – consider approval of Service Agreement Contract No.322000017 with Gartner, Inc. in an amount not to exceed $98,111 for research, customer service 9 support, legal compliance and enterprise solutions in FY 2023 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider: a) approval of Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 322000417 with Point Engineers in an amount not to exceed $266,000 for the Ka-Lo Park Improvements, Project No. ST2117, and authorize the Mayor to execute the required documents; b) authorization of a Contingency Transfer in the amount of $381,000 with 2022 General Obligation Bonds as the designated funding source for FY 2023; and c) authorization of a Contingency Transfer from the Water Replacement Fund in the amount of $280,000. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of a Pre-Construction Services Contract for Construction Manager At Risk (CM@R) Contract No. 322000432 with Hunter Contracting in an amount not to exceed $323,125.82 for the Guadalupe Road Improvements and McQueen and Guadalupe Intersection, Project No.'s ST1770 and ST1910, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval of: a) Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 322000236 with CDM Smith, Inc. in an amount 10 not to exceed $119,849 for the Lift Station Safety Improvements, Project No. WW1254; b) Job Order No. 16 to Job Order Contract (JOC) Contract No. 320000098 with Felix Construction Company in an amount not to exceed $359,053.85 for the Lift Station Safety Improvements, Project No. WW1254, and authorize the Mayor to execute the required documents; and c) a Contingency Transfer from the Wastewater Fund in the amount of $500,000 to establish Project No. WW1254. This item was approved with the Consent Calendar vote. 18. CONTRACT – consider approval of: a) Architectural/ Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 322000387 with Kennedy/Jenks, Inc. in an amount not to exceed $89,045 for engineering and design phase services for North Water Treatment Plant (NWTP) Electrical Building R&R Project, Project No. WA1607; and b) Guaranteed Maximum Price (GMP) No. 2 to Contract No. 322000393 with Sundt Construction, Inc. in an amount not to exceed $1,186,190 for construction phase services for NWTP finished water electrical building A R&R, Project No. WA1607 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19. CONTRACT – consider approval of Agreement for Professional Consulting Services Contract No. 322000126 with Brown and Caldwell in an amount not to exceed $100,000 for the professional consulting services related to supervisory control and data acquisition (SCADA) on-call support services for the North Water 11 Treatment Plant (NWTP), Project No. WA1579, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. CONTRACT – consider: a) approval of Job Order No. 11 to Job Order Contract (JOC) Contract No. 321000247 with Archer Western Construction in an amount not to exceed $231,185.90 for Santanilla Services, Project No. WW1257, and authorize the Mayor to execute the required documents; b) authorization of a Contingency Transfer from the Water Fund in the amount of $77,000 to establish WA1602 as a project for FY 2023; and c) authorization of a Contingency Transfer from the Wastewater Fund in the amount of $155,000 to establish WA1602 as a project for FY 2023. This item was approved with the Consent Calendar vote. 21. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 321000417 with Black and Veatch Corporation increasing the contract amount by $80,050 for the North Water Treatment Plant (NWTP) South Reservoir Water Quality Improvements, Project No. WA1582, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22. CHANGE ORDERS – consider approval and authorize the Mayor to execute the required documents of: 12 a) Change Order No. 1 to PM/CM Services Contract No. 319000418 with Consulting Engineering, Inc. increasing the contract amount by $766,285 for Germann and Lindsay Improvements, Project No. ST1450; b) Change Order No. 1 to Quality Assurance Services Contract No. 321000317 with Integer Consulting, LLC increasing the contract amount by $33,535 for Germann and Lindsay Improvements, Project No. ST1450; c) Change Order No. 2 to Constructions Services Contract No. 319000427 with Hunter Contracting increasing the contract amount by $3,256,471.75 for Germann Road and Lindsay Improvements, Project No. ST1450; and d) a Contingency Transfer with 2022 General Obligation (GO) Bonds as the designated funding source in the amount of $3,185,000 for Project No. ST1450. This item was approved with the Consent Calendar vote. 23. CHANGE ORDER – consider approval of Change Order No. 3 to Contract No. 321000043 with Sentinel Technologies, Inc. increasing the contract amount by $206,800 for FY 2022 to provide network equipment, professional services, unified communications and security products and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 23A. BUDGET – consider approval of: a) a Contingency Transfer with Fleet revenue from internal service billing as the designated funding source in the amount of $870,000 for fuel, automotive parts, and vehicle repair and maintenance; 13 b) a Contingency Transfer from the General Fund in the amount of $264,000 for fuel, and vehicle repair and maintenance for the departments of Police, Fire and Rescue, Parks and Open Space and Facilities; c) a Contingency Transfer from the Wastewater Fund in the amount of $82,000 for fuel, vehicle repair and maintenance; d) a Contingency Transfer from the Environmental Services Commercial Fund in the amount of $82,800 for fuel; and e) a Contingency Transfer from the Environmental Compliance Fund in the amount of $32,600 for fuel, vehicle repair and maintenance. This item was approved with the Consent Calendar vote. 23B. BUDGET – consider approval of a Contingency Transfer from the Environmental Services - Residential Replacement Fund in the amount of $150,000 for ASL truck components for sensors, chains, hydraulic system, and arm structure. This item was approved with the Consent Calendar vote. 23C. BUDGET – consider approval of a Contingency Transfer from the General Fund to Fire and Rescue Department in the amount of $250,000 for FY 2022 expenditures for operating supplies and parts costs due to the increased call volume. This item was approved with the Consent Calendar vote. 24. GRANT - consider application of a grant, Contract No. 322000426 from Maricopa Association of Governments (MAG) for design assistance for the Gilbert Road Multi- Use Path Assessment- Elliott Road to Warner Road for $175,000. This item was approved with the Consent Calendar vote. 14 24A. GRANT - consider adoption of a Resolution authorizing the application and acceptance of: a) a grant, Contract No. 323000021 with the Bureau of Reclamation (BUREC) Water SMART Program- Water and Energy Efficiency Grants in the amount of $1,900,000. b) a grant, Contract No. 323000022 with the Arizona Department of Environmental Quality (ADEQ) FY 2023 Water Quality Management Planning Grant Program in the amount of $75,000. Vice Mayor Yentes discussed how Federal grants could have strings attached that would drive how the money could be used. She continued that the State legislatures just made very significant investments in water, adding hopefully some of the appropriations would funnel down to local projects for the water shortage that everyone in the State was facing. She stated that the tendency when accepting Federal monies was that it would drive policy instead of the other way around. Councilmember Anderson stated he understood what Vice Mayor Yentes was talking about and understood Federal funds. He reminded the Council that the Town had entered Phase One of the Water Shortage Plan. He said it had to do with education, helping the public understanding the importance of water conservation and efficiency, adding that whatever kind of money that could be used for that program was going to benefit the Town of Gilbert in the long run. A MOTION was made by Councilmember Anderson, seconded by Councilmember Koprowski, to approve Item 24A. Motion carried 5-2, with Vice Mayor Yentes and Councilmember Hendrix casting the dissenting vote. Resolution No. 4304 was adopted. 15 25. FINAL PLAT DR21-58- consider approval of the final plat for Avanterra Town Square located at the southeast corner of Gilbert Road and the Cypress Street alignment. This item was approved with the Consent Calendar vote. 25A. FINAL PLAT DR21-02- consider approval of the final plat for Hopewell Industrial Park located at the southeast corner of Warner Road and Swan Drive. This item was approved with the Consent Calendar vote. 26. RISK MANAGEMENT - consider: a) adoption of an Ordinance creating the Town of Gilbert Risk Management Program; b) adoption of an Ordinance creating the Town of Gilbert Self-Insurance Retention Trust Fund; and c) approval of Declaration of Trust for the Town of Gilbert Risk Management Self- Insurance Retention Trust. This item was approved with the Consent Calendar vote. Ordinance Nos. 2828 and 2829 were adopted. 27. HUMAN RESOURCES - consider confirming the appointment of Tait D. Elkie as a Judge Pro Tempore of the Gilbert Municipal Court. This item was approved with the Consent Calendar vote. 28. HUMAN RESOURCES - consider approval of Amendment to Employment Agreement No. 2018-1004-0102 with Town Attorney Christopher Payne with an 16 effective date of June 28, 2022, authorize the Mayor to execute the following documents. This item was approved with the Consent Calendar vote. 28A. HUMAN RESOURCES- consider confirming the appointment of Rob Duggan as Fire Chief effective July 11, 2022. Mayor Peterson congratulated Assistant Fire Chief Duggan on his new job and informed him the position would take effect on July 11, 2022. She added Duggan would be the 4th Fire Chief for the Town of Gilbert and she was looking forward to working with him in his new role. Assistant Fire Chief Duggan stated the theme in the room was gratitude and appreciation. He thanked his wife Sally for being his rock through this process, adding he could not have done this without her support. He thanked his family that could not be at the meeting for their lifetime of support and all the other individuals that were a part of his individual and professional success. A MOTION was made by Mayor Peterson, seconded by Councilmember Tilque, to confirm the appointment of Rob Duggan as Fire Chief effective July 11, 2022. Motion carried 7-0. 29. MINUTES – consider approval of the minutes of the Regular Meeting of June 14, 2022, Study Session Meeting of June 14, 2022, and Special Meeting of June 14, 2022. This item was approved with the Consent Calendar vote. PUBLIC HEARING 17 Mayor Peterson opened the public hearing for Items 30, 31, 32, 33, 34, and 35. No one wished to speak, and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember September, seconded by Councilmember Anderson, to approve public hearing Items 30, 31, 32, 33, 34, and 35. Motion carried 7-0. 30. LIQUOR LICENSE – conduct hearing and consider approval of a Series 9 Liquor Store Alcohol License for Circle K Store 9550 located at 1650 East Germann Road. This item was approved with the Public Hearing Vote. 31. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Portillo's Hot Dogs located at 2650 South Market Street. This item was approved with the Public Hearing Vote. 32. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for Gypsy Cup located at 50 West Vaughn Avenue, Suite 106. This item was approved with the Public Hearing Vote. 33. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Liquor License for First Watch Restaurant #178 located at 2475 South Val Vista Street, Suite 105. This item was approved with the Public Hearing Vote. 34. GENERAL PLAN GP21-11/ ZONING Z21-17 - conduct hearing and consider: 18 a) adoption of a Resolution approving a Minor General Plan Amendment to change the land use classification of approximately 14.07 acres generally located east of the southeast corner of Greenfield Road and Superstition Drive (Germann Road) from Residential > 0-1 DU/Acre to Residential 1-2 DU/Acre; and b) approval of the findings and adoption of an Ordinance for The Orchard to rezone approximately 14.07 acres generally located east of the southeast corner of Greenfield Road and Superstition Drive (Germann Road) from Single Family-43 (SF- 43) and Single Family-35 (SF-35) to Single Family-15 (SF-15) with a Planned Area Development modifying side building setbacks. This item was approved with the Public Hearing Vote. Resolution No. 4302 and Ordinance No. 2830 were adopted. 35. ZONING Z21-14 - conduct hearing and consider approval of the findings and adoption of an Ordinance for Public Storage Addition amending the zoning classification of approximately 5.8 acres of real property located at the northeast corner of Val Vista Drive and the Union Pacific Railroad from Community Commercial (CC) Zoning District with a Planned Area Development (PAD) overlay to General Commercial (GC) Zoning District with a Planned Area Development (PAD) overlay. This item was approved with the Public Hearing Vote. Ordinance No. 2831 was adopted. ADMINISTRATIVE ITEMS 36. COUNCIL ADMINISTRATION - consider adoption of a Resolution designating the Chief Fiscal Officer to submit the FY2022-2023 Expenditure Limitation Report to the Office of the Arizona Auditor General. 19 A MOTION was made by Vice Mayor Yentes, seconded by Councilmember Tilque, to approve Item 36. Motion carried 7-0. Resolution No. 4303 was adopted. 37. 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 There was no discussion. POLICY ITEMS 38. POLICY NO. 2022-02 - consider approval of Council Policy No. 2022-02 regarding Policies of Responsible Financial Management, repealing Policy No. 2021- 02. 20 A MOTION was made by Councilmember Tilque, seconded by Councilmember September, to approve Item 38. Motion carried 7-0. Policy No. 2022-02 was adopted. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger congratulated Assistant Fire Chief Duggan on his promotion to Fire Chief. He thanked everyone who participated in the interview process, adding all senior executives went through that process for key positions. He wished Duggen the best of luck and said he looked forward to all the great things to come. Town Manager Banger spoke of the October 2021 retirement of former staff member Mark Hunsaker who served Gilbert for 25 years. He said on a sad note that Mr. Hunsaker had recently passed away, adding it was heartbreaking news for all of them. He said at Mr. Hunsaker’s funeral everyone commented that Hunsaker always had a smile and was so positive with everyone he interacted with. He said Hunsaker would be greatly missed and that his family were in his prayers. Report from the COUNCIL on current events. There was no discussion. Report from the MAYOR on current events. Mayor Peterson mentioned the forthcoming 4th of July event at Gilbert Regional Park, stating registration was available online on the Town’s website. She shared 21 breaking news that the Tilde Manor group home in Gilbert had its license revoked by the State, stemming from the murder investigation at the group home back in April 2021. She recognized everyone that met and discussed how the Town could support the residents during that time. Mayor Peterson commented on Councilmember Anderson’s water statement,, adding the Town of Gilbert joined regional partners by activating the first stage of the Water Supply Reduction Management Plan on June 20, 2022. She said there was no immediate impact to Gilbert’s ability to meet the community’s water needs, but said it was time to make conscious efforts to conserve. She added Stage One was water education and focused on providing information on how to use water efficiently. She said Gilbert led by example through significant investments in infrastructure, diversifying water supplies, and underground water, adding more information was available at www.gilbertaz.gov/water shortage. Mayor Peterson shared information about the upcoming election on August 2, 2022, stating there were four Council seats with four-year terms beginning January 2023. She said information on Council candidates was available online at www.gilbertaz.gov and those interested could type “candidate information” in the search bar. She said voter registration and election information was available at www.beballotready.vote and anyone could log into a personal dashboard to view sample ballots, polling stations, and personal voting history. Mayor Peterson announced that it was the last meeting of the fiscal year. She said she hoped that the next fiscal year was easier than this one was. She thanked all of Gilbert’s employees and the Town Council for their hard work. 22 RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Mayor Peterson recessed the meeting at 8:11 p.m. Mayor Peterson reconvened in Executive Session at 8:15 p.m. pursuant to: a) A.R.S. § 38-431.03(A)(3), legal advice from the Town Attorney and discussion concerning the executive session law; b) A.R.S. §§ 38-431.03(A)(3), (4), (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning condemnation litigation entitled Town of Gilbert v. Mary C. Rooney, Maricopa County Superior Court Case No. CV2019053332; c) A.R.S. §§ 38-431.03(A)(3),(4),(7) legal advice from the Town Attorney and discussion and consultation with designated Town representatives concerning negotiations for the lease of real property for the development of amenities on an approximately five-acre parcel and a ten-acre parcel at Gilbert Regional Park (solicitation nos. 322000337 and 320000035); d) A.R.S. §§ 38-431.03(A)(3),(9), legal advice from the Town Attorney and discussion and consultation with designated Town representatives concerning the Town of Gilbert’s information technology plans, procedures, assessments, measures and systems related to cybersecurity; and e) A.R.S. §§ 38-431.03(A)(3), (4), (9), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning impacts of drought declarations on contractual rights and obligations and Town facilities. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 10:28 p.m. 23 ADJOURN Mayor Peterson adjourned meeting at 10:28 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 28th day of June, 2022. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2022. ___________________________________ Chaveli Herrera, Town Clerk 24