Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, SEPTEMBER 20, 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 (attended virtually) COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Chief People Officer Nathan Williams, Chief Technology Officer Sasan Poureetezadi, IT Desktop Manager Jason Thompson, and Public Works Project Supervisor Ryan Blair AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:59 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Vice Mayor Yentes presented Student Citizen of the Month Awards for August to (presented alphabetically by school): Luke Huelskamp, Cooper Cross, Benjamin Clark, Ava Dossey, Layla LaFourcade, Emilia Kent, Hailey Flores, Violet Sevilleja, Olivia Wade, Bentley Hendershott, Zhi-Yin Liang, Grace Cook, Jack Spangler, Andrew Zehring, Briley Menzie, Evan Cook, Emilia Quiros, Cash Luna, Jetta Nash, Isabella Le, Payton Jakins, Jake Haskie, Robbie Gariano, Elias Orian Glenn, 1 Gabriella Sauber, Rachel Drake, Isabella Frantz, Abigail Sawyer, Christopher Van Sant, Shiloh Rosado, and Berkley Bass. INVOCATION AND PLEDGE OF ALLEGIANCE Michelle Noe, CEO from Boost a Foster Family and Member of Sun Valley Church, gave the invocation. Councilmember September led the Pledge of Allegiance. ROLL CALL Deputy Clerk Martinez called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring the month of October 2022 as Domestic Violence Awareness Month. Mayor Peterson read a proclamation declaring the month of October 2022 as Domestic Violence Awareness Month and presented the proclamation to the following members of the Town’s Domestic Violence Team who introduced themselves: Counseling Manager Keith Bradshaw, Victim Advocate Emily Caron, Court Commissioner Lauren Ramirez, Elisha Paddock of My Sister’s Place Domestic Violence Shelter, Assistant Town Prosecutor Jeff Wolfe, and Police Sergeant Eric Snow. Mayor Peterson also recognized Mayor and Council Aide Monica D’Ortenzio for being the liaison from Mayor and Council’s Office to the Maricopa Association of Governments Domestic Violence (MAG DV) Council. 2. PRESENTATION - Presentation recognizing the 2022 MVP Award nominees and winners for the Town of Gilbert. Chief People Officer Williams discussed the Gilbert MVP Awards program to honor employees, the total number of 90 nominees, and the process of narrowing down the finalists to four winners. He then provided a description of each value. Chief People Officer Williams announced the following winners: for the value of Driven, Erica Brown of the People Team; 2 for the value of Kind, Larry and Denise Horn of the Parks and Recreation Department; for the value of Bold, Josh Rogers of the Development Services Team; and for the value of Humble, Jason Montgomery of the Public Works Department. Mayor Peterson and Town Manager Banger presented the awards to the winners. Chief People Officer Williams provided a list of the other nominees and congratulated them all. COMMUNICATIONS FROM CITIZENS The following individuals were present but did not speak; Vice Mayor Yentes read the following statements on their behalf: Jackie Contrell, did not indicate residence, but wrote she was against “The Ranch proposal”. Robert Jones, Gilbert resident, stated “The Ranch was a poorly conceived project. It was the poorest outcome for Gilbert and its residents. An eyesore.” Bonnier Verquer, not a Gilbert resident, wrote: “Behind closed doors meeting concerning ST0990 was ridiculous. We have been screaming for better communication and now you do this.” Jeremy Braden, Gilbert resident, wrote, “I strongly oppose the rezoning of The Ranch.” Tracy Boyd, did not indicate residence, wrote, “I am strongly opposed to changing the zoning for The Ranch.” Jeni Everett, did not indicate residence, wrote, “I am strongly opposed to the Ranch (Power and Elliot) rezoning.” Charles Wright, Gilbert resident, wrote, “We do not want such large buildings near our home. The obstruction and noise will be awful.” 3 Rob Laney and Sheree Laney, Gilbert residents, both wrote they were against, “…rezoning the land east of Morrison Rach on Recker and Elliot.” Rebecca Wright, Gilbert resident, wrote, “We do not want the buildings next to our home. They look awful, lower the value of our home and beauty of our neighborhood.” Lisa St. Ange, Gilbert resident, wrote, “Against changing zoning of lot on Power Road between Elliott and Warner. Putting that kind of proposed building will hurt our property values and detract from neighborhood.” Stephanie Evans, Gilbert resident, wrote, “I am against the rezoning of land between Elliot and Warner, west of Power Road.” Kellie Fortier, Gilbert resident, wrote, “Concerned about amount of industrial use, traffic, pollution, not what was represented. I’m okay with some commercial use with minimal industrial use as was first planned.” William St. Ange, Gilbert resident, wrote, “Against rezoning of land Ray and Power Road.” Chris Cox, Gilbert resident, wrote, “…rezoning The Ranch to predominantly Light Industrial will not benefit the community in any way. It should remain zoned as Mixed-Use for Retail/Commercial/Residential.” Esther Medrano and Daniel Medrano, Gilbert residents, wrote they were against, “…industrial building in Morrison Ranch.” Laura Jepson, Gilbert resident, wrote, “It’s not good for the neighborhood. It’s not right or fair to change the zoning after the fact.” Jennifer Wada, Gilbert resident, wrote, “No rezoning of land east of Elliot Groves (Power between Warner/Elliot).” 4 Rachel and Matthew Koustik, Gilbert residents, wrote, “Live in Elliot Groves. No on rezoning land east to Power.” Daniel Strazza and Sarah Strazza, Gilbert residents, wrote, “Against The Ranch.” William Monahan, Gilbert resident, wrote, “Against re-zoning Morrison Ranch.” Roy Haynie, Gilbert resident, wrote he was against, “…the plans for The Ranch, height and density was too high and too much.” Christine Haynie, Gilbert resident, wrote she was against, “…the proposed buildings on Power and Elliott.” Tom Everett, Gilbert resident, wrote, “I am opposed to the rezoning of The Ranch. It was not appropriate to have the industrial zoning on that scale in our neighborhood.” Jessica Krycler, Gilbert resident, wrote, “Against rezoning to allow for the development of industrial building/large building, The Ranch.” Natalie Knollmiller, Gilbert resident, wrote, “I live in the area and am extremely concerned about traffic in the surrounding area.” The following individuals spoke during the meeting: Rich Robertson, Gilbert resident, spoke about the Ocotillo Road expansion and the lack of transparency on the project. He stated there was talk of a participatory process and willingness to engage in discussions with the residents but nothing had happened. He mentioned he made a public record request for a PowerPoint presentation and was informed it would take two months to receive that request. Then he quoted some statements from the Town website about promoting emotionally intelligent leaders who put people and relationships above processes and tools and stated he did not agree with that statement from where he stood. 5 Terri Naddy, not a Gilbert resident, stated she had voiced her opinion on “this project” and she was the voice of her community. She said she spoke for more than just herself and asked those in the audience to stand if they were from her neighborhood, then to stand if they were against the Morrison Ranch issue as well. She stated that earlier in the evening they had spoken about values and how they held them near and dear to their hearts. She reminded the Council to be driven to serve their community and those within their community, to be kind in their decisions that affected their community, and to be bold and go against the norm, including the Gilbert standard. She asked them to be humble and put aside any agenda they had and to see things from their constituents’ point of view. She voiced concern about the Council meeting in an executive session and not having a study session for this project, stating the project was being hidden away. Brian Mosley, Gilbert resident, thanked everyone who reviewed his concerns regarding the notice and participation opportunities and the Planning Commission for moving the date so he and other residents could participate. He mentioned he had spoken to the Council previously regarding approving a warehouse on an empty lot in the North Heritage District. He discussed the preliminary traffic study. He said regarding the preliminary traffic study for The Ranch, the Town was going to have a “D” or better level of service at all the stoplights except for Power and Elliott, Power and Warner, and Power and the 202. He expressed concerns about the extra traffic and noise in the area from the semi-trucks being so close to their homes. Evelyn Niklaus, Gilbert resident, said she was opposed to The Ranch project. She voiced concerns about the Light Industrial facility being close to where their homes and children’s services were located. She asked the Council to reconsider what was put in the area and to make it safe for their children. She said she was concerned about children crossing the street and playing sports in the neighborhood with trucks in the area. She asked the Council to reconsider and not approve the zoning as it stood. 6 Amy Hommen, Gilbert resident, said the Town stated that it had a voter ratified General Plan but it was constantly being changed without a vote from citizens and for the benefit of the developer. She questioned why the Council was bringing overcrowding and industrial businesses which went against the plan that was voted on by the people. She questioned why the Council planned on creating a multi-million-dollar bridge and road construction that would take people’s land and was against what the people voted in. She spoke of concern with struggles to get teachers, police, fire, and emergency medical technicians (EMTs). She stated the high use of water for new residents would deflate the dwindling water supply. She questioned where the Town would get the money to cover this and said she guessed they would look at a primary property tax to cover the density which was against the original Town plan. She stated the changes already done were outside of the plan and had changed the feeling and tone of this Town. She stated the people wanted a voice and to be heard. She asked the Council to please create a new vote so that the constituents could be heard, adding the people deserved to have a say. Ryan Handelsman, Gilbert resident, stated he believed there was no statute or code that prevented meeting attendees from silently holding signs. He stated he had seen rules that prohibited disorderly conduct like clapping and threats but had not seen anything that would prohibit silent displays of signs. He said that seemed to be an attempted first amendment and free speech violation. He spoke about the proposed industrial park and stated that it was absurd to hear that it was the Town’s idea. He also stated that he met with Mike Chernine, CEO of IndiCap, who he said had donated to a couple of Councilmembers’ campaigns and was spearheading The Ranch project. He stated that Mike told him that Town staff told him that Gilbert needed an industrial complex spanning the length of over five football fields with nearly 1,000 loading docks. He said considering the Council unanimously approved the 2020 General Plan and the voters ratified it, he questioned why unelected bureaucrats would contradict what the Council submitted and voters approved, especially something of that magnitude. He said approving this expansion cemented his theory that the Council had lost control of this Town. He told the Council to talk to the staff and to vote on this matter on behalf of the people and not their campaign donors. He said if they were unsure of what the people wanted, that night was the first of many signs of what 7 the people wanted. He said he hoped the petitions and other speakers would give a good indication of what the people wanted and not what their wallets wanted. Daniel Payton, Gilbert resident, stated he was there to speak on The Ranch project. He said it was the last good piece of land in Gilbert for general Commercial and Business Park development. He said there was about 16% of the land that was zoned for Light Industrial use and the people needed places on the east side of Town to spend their money. He said it would draw people into Mesa or San Tan Village to spend their money. He said the applicant's request was for rezoning the land to 96% Industrial use. He noted people had pointed out that the General Plan was a voter-ratified document and they thought it was how the city was going to responsibly grow. He said people generally supported and were excited about development, just not that specific development. He said that a few years ago there was another General Plan amendment which sought to rezone the land located at Warner and Recker Roads and that land was zoned Light Industrial. He said it was argued by the attorney who was representing IndiCap in 2018 that Light Industrial and Business Park uses were incompatible with existing Residential development in that area and that land was adjacent to The Ranch. He said now here they were three years later, and the existing zoning did not make sense. Pat DeMario, Gilbert resident, stated that they did their homework before building their home and understood the plans and zoning for the area which did not include a major industrial warehouse district in their neighborhood. She said Morrison Ranch original owners had sold a bill of goods to duped homeowners and that in the retail world it was known as bait and switch. She said homeowners made a purchase based on what the sellers presented them, and now that the sellers had their money, they wanted to change the plan, adding it was unethical and dishonest practice. She said had anyone known it was the plan or a remote possibility they would not have built in Morrison Ranch and would have made home purchases elsewhere. She said they now found themselves at the mercy of the leaders of the Gilbert community and asked them to do what was the ethically right and best practice by retaining the current zoning and thereby forcing the parcel owners to keep their promises to the residents. She said there were other areas in Gilbert far more suitable for that complex than in a neighborhood of beautiful homes, families, and schools. She asked the Council to 8 please hear and respect them and not do to them what they would not have done to them in their neighborhoods. She said regarding those on the Council who had accepted campaign donations from the industrial warehouse developers, it was the community’s perception that it was a conflict of interest, that their vote had been purchased, and it was guaranteed to them. She said some should have recused themselves from voting on the issue and that perception was reality, regardless of their denial and despite what they may say. Tom Smith, Gilbert resident, stated he had the opportunity to attend the last four or five council meetings to watch the process and see how everything was done. He said it was abundantly clear to him that constituents did not have a clue as to what the Council was up there doing because there were projects that were rubber-stamped. He said now there was a thing called The Ranch, and he was vehemently opposed to not only the zoning but the whole idea period. He asked about the thought process to approve the project and said he heard it would be a battery plant, asking for confirmation. Lisa Ballard, Gilbert resident, stated she reviewed the Gilbert website and found it fascinating, ironic, and very hypocritical. She mentioned a few statements from the website and the video. She said her perspective was a few of the Council decided what went on in the Town. She said it was hard to engage with a Council and Mayor who only seemed to have agendas for themselves and their pocketbooks. She questioned how was Gilbert going to be able to sustain anything within the next 5 to 10 years and discussed fears for her neighborhood including accidents, air quality, water, and traffic. She asked the Council to please reconsider what they would do for this town and for the people they served. Catherine Puckett, Gilbert resident, said she had a question about Consent Item No. 14 regarding the purchase of the Dell Computers. She said she was not opposed to the item but questioned why the amount that was being approved was considerably higher than the amount that was in the invoice from Dell, about $130,000 higher. CONSENT CALENDAR 9 A MOTION was made by Vice Mayor Yentes, seconded by Councilmember September, to approve Consent Items 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 13, 15, and 16; remove Items 6, 11, and 14 from the Consent Calendar; and add Administrative Item 21 to the Consent Calendar appointing Debra Stapleton to the Fire and Police Public Safety Personnel Retirement System (PSPRS) Local Pension Boards with a partial term, beginning September 20, 2022 and ending November 30, 2024; add Administrative Item 22 to the Consent Calendar appointing Mary Dellai and Lindy Mitchell to the Self-Insured Trust Board as regular members with terms beginning October 1, 2022 and ending September 30, 2025; and add Administrative Item 23 appointing to the Planning Commission: Lesley Davis as a regular member with a term beginning September 30, 2022 and ending September 29, 2026; William Fay as a regular member with a partial term beginning September 30, 2022 and ending September 29, 2023, and an additional full term beginning September 30, 2023 and ending September 29, 2027; and Lisa Gage and Charles Johnson as alternate members with terms beginning September 30, 2022 and ending September 29, 2023. Motion carried 7-0. 3. ANNEXATION A22-03 – consider adoption of an Ordinance deannexing approximately 3.31 acres at the right-of-way along Chandler Heights Road between Val Vista Drive to 148th Street contingent upon annexation by the City of Chandler and approval by the Maricopa County Board of Supervisors. This item was approved with the Consent Calendar vote. Ordinance No. 2835 was adopted. 4. INTERGOVERNMENTAL AGREEMENT – consider approval of Gilbert’s proportional share of $337,909.67 in accordance with Intergovernmental Agreement No. 319000706 between the City of Mesa, Town of Queen Creek, and Town of Gilbert for the Greenfield Water Reclamation Plant (GWRP) Check Valve Replacement Project, Project No. WW0970/Mesa Project No. CP0898GN23, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10 5. AGREEMENT – consider adoption of a Resolution approving Agreement No. 323000064 with Salt River Project (SRP) and Participating Entities for the Accounting and Delivery for Roosevelt Flood Control Space Temporary Deviation Plan and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4318 was adopted. 6. AGREEMENT – consider: a) adoption of a Resolution approving the Sub-Recipient Agreement with Maricopa County for the Securing the Cities (STC) Program and authorize the Mayor to execute the required documents; and b) approval of Grant Fund contingency in the amount of $348,525 for anticipated expenditures and matching revenues from the STC Program. Vice Mayor Yentes commented that she opposed Federal Grants and out of control spending at the Federal level, noting she would not be supporting the item. A MOTION was made by Councilmember September, seconded by Mayor Peterson, to approve Item 6. Motion carried 5-2, with Vice Mayor Yentes and Councilmember Hendrix casting the dissenting votes. Resolution No. 4319 was adopted. 7. CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project, Contract No. 322000405, with Wood Patel and Associates in an amount not to exceed $888,816 for the Guadalupe Road Improvements Project, Project No. ST1770, and the McQueen and Guadalupe Intersection Project, Project No. ST1910, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11 8. CONTRACT – consider approval and authorize the Mayor to execute the required documents of: a) Professional Consulting Services Agreement Contract No. 323000069 with HDR Architecture, Inc. in an amount not to exceed $189,845 for a programming study of the Traffic Operations Center Remodel, Project No. MF2526; and b) Job Order No. 21-0120 to Job Order Contract (JOC) Contract No. 320000122 with Willmeng Construction, Inc. in an amount not to exceed $144,182 for the Traffic Operations Center existing security upgrades, Project No. MF2526. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of: a) Amendment No. 2 to Contract No. 319001055 with Brightview Landscape Services in an amount not to exceed $207,819.90 for landscape maintenance for over fifteen parks and facilities and authorize the Mayor to execute the required documents; and b) General Fund Contingency in the amount of $165,700. This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Cooperative Purchase Agreement No. 323000089 with Precision Concrete Cutting, Inc. utilizing City of Chandler Cooperative Purchasing Contract No. CS1-745-4293 in an amount not to exceed $350,000 for Concrete Repair and Maintenance Services for FY 2022-2023 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12 11. CONTRACT – consider approval of Accountability Contract No. 323000036 with the Town of Gilbert and AZCEND in an amount not to exceed $138,560 for the Gilbert Senior Center Program meal delivery services and programming, and authorize the Mayor to execute the required documents. Vice Mayor Yentes commented that AZCEND did great work in the community, but she did not agree with forced generosity and would not be supporting the item. A MOTION was made by Councilmember Koprowski, seconded by Mayor Peterson, to approve Item 11. Motion carried 6-1, with Vice Mayor Yentes casting the dissenting vote. 12. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319001233 with Sentinel Technologies, Inc. increasing the contract amount by $229,500 to provide network equipment, professional services, unified communications, software licenses, and security products, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 321000310 with the Arizona Board of Regents, University of Arizona increasing the contract amount by $31,206 for feasibility assessment for adaptive signal control system, Project No. TS1700, and authorize the Mayor to execute the required documents; and b) a Contingency in the amount of $250,000 from the Roadway and Maintenance Fund brought forward from FY 2028 to FY 2023. This item was approved with the Consent Calendar vote. 14. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 319000254 with Dell Technologies increasing the contract amount by $1,200,000 for laptops, 13 desktops, servers and peripherals in FY2023, and authorize the Mayor to execute the required documents. Vice Mayor Yentes noted that “Catherine” from the public had a question on the Item and she would like staff to address the question. Chief Technology Officer Poureetezadi stated that the exact amount for the quote was the amount they would be paying for the MDC (Mobile Data Computer) for the Police Department. IT Desktop Manager Thompson explained that an MDC was a ruggedized laptop computer they provided to each police officer. He said the delta between the quote and what was asked for would cover any cost for implementation they had and give a buffer for unforeseen expenses or replacements they may encounter over the next year. A MOTION was made by Councilmember Koprowski, seconded by Councilmember Anderson, to approve Item 14. Motion carried 6-1, with Councilmember Hendrix casting the dissenting vote. 15. GRANT – consider: a) adoption of a Resolution supporting the acceptance of a pass-through 12% Gaming Contribution Grant, Contract No. 322000293, from the Gila River Indian Community (GRIC) on behalf of the Gilbert Historical Society, Inc. (dba HD SOUTH) in the amount not to exceed $100,000 and authorize the Mayor to execute the required documents; and b) approval of Grant Fund contingency in the amount of $100,000 for expenditure authorization. 14 This item was approved with the Consent Calendar vote. Resolution No. 4320 was adopted. 16. MINUTES – consider approval of the minutes of the Regular Meeting of September 6, 2022 and the Special Meeting of September 6, 2022. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for items 17, 18, 19, and 20. No one wished to speak and Mayor Peterson closed the public hearing. 17. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Alcohol License for Cooper's Hawk Winery & Restaurant located at 2320 South SanTan Parkway. A MOTION was made by Vice Mayor Yentes, seconded by Councilmember September, to approve Item 17. Motion carried 7-0. 18. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Cooper's Hawk Winery & Restaurant located at 2320 South SanTan Parkway. A MOTION was made by Vice Mayor Yentes, seconded by Councilmember Anderson, to approve Item 18. Motion carried 7-0. 19. PROPERTY ACQUISITION – conduct hearing and consider adopting a Resolution approving the acquisition of Right of Way and Required Easements for Parcel Nos. 304-70- 537,304-70-018B, 304-70-019, 304-70-011A, 304-70-009A, 304-70-011B, 304-70-010, 304-70-012, 304-70-007D, 304-70-007C, 304-70-007E, 304-81-664, 304-77-006N, 304- 77-006M, 304-77-012, 304-77-011, 304-77-005B, 304-77-005E, 304-77-002B, 304-77- 005G, 304-77-002D, 304-77-013, 304-77-919, 304-77-002L, 304-69-027Y, 304-69-011E, 15 304-70-317, 304-81-857, 304-70-533, 304-70-532, 304-70-531, 304-70-529, 304-70-528, 304-70-527, 304-70-526, 304-70-525, 304-70-524, 304-70-523, 304-70-522, 304-70-521, 304-70-520 and 304-70-519 for the Ocotillo Road/Greenfield to Higley Road Project, Project No. ST0540. Vice Mayor Yentes asked for an update on communications that happened with the private property interest holder and any feedback received. Public Works Project Supervisor Blair stated he had spoken to Mr. Kelly Freeman, a private property owner, early during the design to understand his concerns and his expectations from the Town. He said they discussed accommodations for him, particularly a block wall for privacy and security gates because of the amount of traffic that would be flowing through there. He said Mr. Freeman had additional questions that would be assessed during the design phase. He added they were aware of the 65-foot right-of-way in front of the property, but said there would be some slope issues because of the elevation of the bridge and noted a building that he did mechanical work in to be considered. He added they would be having more conversations with him to see how they could accommodate him as part of the project. A MOTION was made by Councilmember September, seconded by Councilmember Koprowski, to approve Item 19. Motion carried 6-1, with Vice Mayor Yentes casting the dissenting vote. Resolution No. 4321 was adopted. 20. CODE OF GILBERT - conduct hearing and consider adoption of an Ordinance amending the Code of Gilbert, Arizona, by amending Chapter 10 Buildings and Construction Regulations, Article II Technical Codes, Section 10-41 Adoption of the Standards for Encroachment of Structures into the Public Right-of-Way, and Article VI Public Works, Section 10-202 Adoption of the Town of Gilbert's Public Works and Engineering Standards, the Supplement to MAG Uniform Standard Details for Public Works Construction, and the Supplement to MAG Uniform Standard Specification for Public Works Construction, related to Standards of Public Works Construction in the Town. 16 A MOTION was made by Councilmember September, seconded by Councilmember Koprowski, to approve Item 20. Motion carried 7-0. Ordinance No. 2836 was adopted. ADMINISTRATIVE ITEMS 21. BOARDS AND COMMISSIONS – consider appointment to the Fire and Police Public Safety Personnel Retirement System (PSPRS) Local Pension Boards of one regular member with a partial term, beginning September 20, 2022 and ending November 30, 2024. This item was approved with the Consent Calendar. Debra Stapleton was appointed to the Fire and Police Public Safety Personnel Retirement System (PSPRS) Local Pension Boards with a partial term, beginning September 20, 2022 and ending November 30, 2024. 22. BOARDS AND COMMISSIONS – consider appointment to the Self-Insured Trust Board of two regular members with terms beginning October 1, 2022 and ending September 30, 2025. This item was approved with the Consent Calendar. Mary Dellai and Lindy Mitchell were reappointed to the Self-Insured Trust Board with terms beginning October 1, 2022 and ending September 30, 2025. 23. BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of: a) one (1) regular member with a term beginning September 30, 2022 and ending September 29, 2026; b) one (1) regular member with a partial term beginning September 30, 2022 and ending September 29, 2023, and an additional full term beginning September 30, 2023 and ending September 29, 2027; and 17 c) two (2) alternate members with terms beginning September 30, 2022 and ending September 29, 2023. This item was approved with the Consent Calendar. Appointed to the Planning Commission were: Lesley Davis as a regular member with a term beginning September 30, 2022 and ending September 29, 2026; William Fay as a regular member with a partial term beginning September 30, 2022 and ending September 29, 2023, and an additional full term beginning September 30, 2023 and ending September 29, 2027; and Lisa Gage and Charles Johnson as alternate members with terms beginning September 30, 2022 and ending September 29, 2023. 24. 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 18 There were no reports. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger congratulated Cory Gerard who was promoted to Assistant Fire Chief, adding Gerard had been with the Town for 18 years serving most recently as a Deputy and then Battalion Chief. Manager Banger said the Town looked forward to working with him in his new role. He announced that Todd Gregorski recently retired from the Gilbert Wastewater Department after 24 years of service to the Town. He said Gregorski started in collections systems cleaning sewers, repairing pipes, and maintaining lift stations. He said Gregorski was promoted during his last year to the supervisor of recharging compliance. Manager Banger stated Gilbert greatly appreciated his dedication and pride in workmanship over the years and wished him the best of luck in his retirement. Report from the COUNCIL on current events. There were no reports. Report from the MAYOR on current events. Mayor Peterson thanked everyone who came out for the National Day of Service on September 10, 2022, noting there were groups of residents that came out and volunteered to clean up the alleys in the northwest corner of Gilbert and Elliott Roads. 19 She noted a landscape company donated their truck and tools and there were over 120 volunteers at that location, plus volunteers at elementary schools and Gilbert High School. She said it was great to see the residents come out to support the community in that way. She thanked the Gilbert Fire Department and Gilbert Police Department for the amazing event on September 11, 2022, at the 9/11 Memorial, adding every year that event got better. She discussed the solemn day of coming together for remembrance of all the lives lost and all the lives that they continued to lose because of the events on September 11, 2001. She said the Gilbert Fire Department and Police Department always had a poignant message to share with the community. She congratulated Assistant Chief Gerard on being promoted and said she looked forward to working with him. A MOTION was made by Vice Mayor Yentes, seconded by Councilmember Koprowski, to recess the Regular meeting. Motion carried 6-0, with Councilmember Hendrix absent at the time of the vote. Mayor Peterson recessed the meeting at 8:18 p.m. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION Mayor Peterson reconvened in Executive Session at 8:24 p.m. pursuant to A.R.S. §§ 38-431.03(A)(3), (4), (7), legal advice from the Town Attorney and discussion and consultation with Town representatives concerning legal aspects of right-of-way acquisition process and of alternatives for the design and construction of ST0990 (Ocotillo Road improvements). ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 10:16 p.m. 20 ADJOURN A MOTION was made by Councilmember September, seconded by Councilmember Koprowski, to adjourn the Executive meeting. Motion carried 6-0, with Councilmember Hendrix absent at the time of the vote. Mayor Peterson adjourned meeting at 10:16 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 20th day of September, 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 21