Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, MAY 16, 2023, AT 6:30 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Kathy Tilque, Councilmembers Scott Anderson, Chuck Bongiovanni, Bobbi Buchli, and Jim Torgeson COUNCIL ABSENT: Councilmember Yung Koprowski STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Public Works Director Jessica Marlow, and Finance Management Services Director Håkon Johanson AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:36 p.m. PRESENTATION OF STUDENT CITIZEN OF THE MONTH AWARD Vice Mayor Tilque presented Student Citizen of the Month Awards for April to (presented alphabetically by school): J.D Atton, Dallin Thornock, Bailey Proctor, Lacie Andress, Jack Phillips, Brenden Shaw, Claira Speakman, Olivia Ellsworth, Oliver Gamel, Bryce Zehn, Hattie Saunders, Michael Tyson, Lucas Orenduff, Adam Huebsch, Shyne, Tunzi, Raelyn Moutaw, Tanner Tsosie, Tre Goodwin, Chloe Damron, Maximus King, Liam Haynes, Cruz Mellado, Isabelle Lindblom, Everett Spender, Gavin Hall, Nathan Nielsen, Matthew Cagney, Nolan Hess, Luke Farrell, 1 Landon Clifford, Katie Chen, Zadie Perkins, Avelina Kwon, Judah Womack, and Kendall Kubik. INVOCATION AND PLEDGE OF ALLEGIANCE Heather Watts of The Church of Jesus Christ Latter-Day Saints gave the invocation. Councilmember Bongiovanni led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring May 21-27, 2023 as National Public Works Week. Mayor Peterson read a proclamation declaring May 21-27, 2023 as National Public Works Week and presented the proclamation to the following members of Public Works Department: Public Works Director Jessica Marlow, Public Works Assistant Directors Eric Braun and Giao Pham, Assistant Town Engineer Susanna Struble, Water Resources Manager Lauren Hixson, Water and Energy Resources Plan Advisor Stefan Walston, Capital Improvement Plan (CIP) Project Supervisor Jack Gierak, CIP Senior Project Manager Toby Crooks, and Fleet Business Manager Lee Topic. Mayor Peterson and Director Marlow expressed appreciation for the team. 2. PROCLAMATION - Proclamation declaring May 2023 as Mental Health Awareness Month. Mayor Peterson read a proclamation declaring May 2023 as Mental Health Awareness Month and presented the proclamation to Suzanne Lunt and Heather Watts of the Community Engagement Task Force. 2 COMMUNICATIONS FROM CITIZENS Terri Naddy, not a Gilbert resident, stated she was not against the project that affected her property, but was asking staff to rethink it. She said an engineer told her that it could be done with 55 feet, and Town staff stated that as well. She spoke of resolving the matter without going to court; adding she would go to court if necessary, would win, and it would embarrass the Town. She advocated for getting the project done without the excess. CONSENT CALENDAR A MOTION was made by Vice Mayor Tilque and Councilmember Bongiovanni, seconded by Councilmember Anderson, to approve Consent Items 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 and 28; and add Item 33 to the Consent Calendar, appointing Michael Clark, Robert Ferron, and Rick Kettner to the Parks and Recreation Board as regular members with terms beginning May 13, 2023 and ending May 12, 2026. Motion carried 6-0. 3. INTERGOVERNMENTAL AGREEMENT – consider: a) adoption of a Resolution approving Intergovernmental Agreement No. 323000376 with the Arizona Department of Transportation (ADOT) for the purchase and installation of Advanced Detection Safety Improvements software Phase 2, CIP Project No. TS1952 and authorize the Mayor to execute the required documents; and b) approval of FY 2023 Roadway and Maintenance Fund contingency in the amount of $30,000. This item was approved with the Consent Calendar vote. Resolution No. 4371 was adopted. 4. INTERGOVERNMENTAL AGREEMENT – consider: 3 a) adoption of a Resolution approving Intergovernmental Agreement No. 323000377 with Arizona Department of Transportation (ADOT) for the authorization of the use of funding from the Federal Highway Administration (FHWA) for the procurement and installation of new Advanced Detection Video Camera Systems and CCTV Cameras, Project No. TS1952 and authorize the Mayor to execute the required documents; and b) approval of FY 2023 Roadway and Maintenance Fund contingency in the amount of $30,000. This item was approved with the Consent Calendar vote. Resolution No. 4372 was adopted. 5. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 323000381 with the City of Eloy Police Department for Cooperative Law Enforcement Training Operations and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4373 was adopted. 6. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No. 323000389 with Roosevelt Water Conservation District (RWCD) for renewable potable water supply, and authorize the Mayor to execute the required documents. Mayor Peterson stated the Council would like to move the item up to the beginning of the meeting; this item was approved first. After the vote was taken, the Council took a photo with those present from Roosevelt Water Conservation District. A MOTION was made by Councilmember Torgeson, seconded by Vice Mayor Tilque, to approve Item 6. Motion carried 6-0. 4 7. INTERGOVERNMENTAL AGREEMENT – consider adoption of a Resolution approving Intergovernmental Agreement No. 323000388 with Arizona Department of Transportation (ADOT) for Fiber Optic Management Software, Project No. TS1940, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4374 was adopted. 8. AGREEMENT – consider approval of: a) Services Agreement No. 323000353 with Bright View Landscape Services, Inc., in an amount not to exceed $514,028.24 for Streets Landscape Maintenance in Zone A; b) Services Agreement No. 323000354 with Caretaker Landscape and Tree Management, in an amount not to exceed $844,641.90 for Landscape Maintenance in Zones B & C; c) Services Agreement No. 323000223 with Artistic Land Management, Inc., in an amount not to exceed $424,546.89 for Landscape Maintenance in Zone D, and authorize the Mayor to execute the required documents; and d) a Streets Fund contingency in the amount of $434,481.43 for Landscaping Services. This item was approved with the Consent Calendar vote. 9. AGREEMENT – consider approval of Revocable License and Hold Harmless Agreement No. 323000349 with the Heal the Hero Foundation for programs to improve brain performance and mental resilience for first responders, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5 10. AGREEMENT – consider approval of: a) an Agreement for Professional Consulting Services Contract No. 323000071 with Y.S. Mantri and Associates, LLC (YSMA) in an amount not to exceed $112,001 for San Tan Village and SR202 Intersection, Project ST2124 , and authorize the Mayor to execute the required documents; and b) a Roadway and Maintenance Fund Contingency in the amount of $118,000for FY 2023 and FY 2024. This item was approved with the Consent Calendar vote. 11. AGREEMENT – consider adoption of a Resolution approving of Contribution Prepayment Program Agreement No. 323000394 with Arizona State Retirement System (ASRS) for the ASRS Pension Prefunding Program, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4375 was adopted. 12. AGREEMENT - consider adoption of a Resolution approving a Telecommunications License and Right-of-Way Agreement No. 323000402 with Ubiquity Arizona, LLC for the non-exclusive license to operate a fiber-based telecommunications network within certain public rights-of-way in the Town of Gilbert, and authorize the Mayor to execute all relevant documents. This item was approved with the Consent Calendar vote. Resolution No. 4376 was adopted. 13. CONTRACT – consider approval of Purchase Order Contract No. 323000380 with AT&T Corp., in an amount not to exceed $1,234,088 for voice and data services, 6 peripherals, and related cellular equipment, and authorize the Mayor to execute the required document. This item was approved with the Consent Calendar vote. 14. AGREEMENT – consider approval of: a) a Cooperative Purchase Contract No. 323000276 with FX Tactical LLC, utilizing City of Tucson Cooperative Purchasing Contract No. 212760-01 in the amount not to exceed $900,000 for police uniforms and equipment for multiple fiscal years pending annual budget approval; and b) expenditures under Contract No. 32300276 with FX Tactical LLC, in an amount not to exceed $300,000 per fiscal year pending annual budget approval, to provide the Police Department uniform items, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of: a) Job Order No. 40 to Job Order Contract (JOC) Contract No. 319001049 with TALIS Construction Corporation in an amount not to exceed $802,708.85 for Civic Center Parking Lot Rehabilitation, Project No. MF2531; b) Project Management/Construction Management (PM/CM) Services Contract for JOC Project Contract No. 323000370 with boARCH LLC, in an amount not to exceed $57,555 for the Civic Center Parking Lot Rehabilitation, Project No. MF2531, and authorize the Mayor to execute the required documents; c) a General Fund contingency in the amount of $149,200 and General Replacement Fund contingency in the amount of $250,800 for a total of $400,000 to pull forward funding from FY 2024 to FY 2023; and 7 d) a General Fund contingency in the amount of $191,722 and General Replacement Fund contingency in the amount of $322,278 for a total of $514,000 of new money for FY 2023 and FY 2024. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of Software and Services Contract No. 323000379 with GovOS, Inc., in an amount not to exceed $165,499 for the Short-Term Rental Licensing and Administration, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 319000517 with Dibble and Associates, Consulting Engineers, Inc., dba Dibble, increasing the contract amount by $130,036 for a new traffic signal at Lindsay Road, Project No. ST1140 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 18. BUDGET – consider approval of FY 2023 CIP Contingency in the amount of $2,000,000 with Fleet revenue from internal service billings as the designated funding source. This item was approved with the Consent Calendar vote. 19. BUDGET – consider approval of Special Revenue contingency in the amount of $144,300 for FY 2023 and FY 2024 for expenditures associated to the One Arizona Opioid Settlement agreement. This item was approved with the Consent Calendar vote. 8 20. BUDGET – consider approval of contingency in the total amount of $298,780 for the claim settlements incurred for the period January 1, 2023 to March 31, 2023 from: a) the General Fund in the amount of $108,740; b) the Streets Fund in the amount of $54,340; c) the Water Fund in the amount of $8,380; d) the Wastewater Fund in the amount of $ 4,030; e) the Environmental Services - Residential Fund in the amount of $65,140; and f) the Environmental Services - Commercial Fund in the amount of $58,150. This item was approved with the Consent Calendar vote. 21. BUDGET – consider approval of transfers totaling $522,300 using CARES money to offset COVID-19 inflation related costs. This item was approved with the Consent Calendar vote. 22. BUDGET – consider approval of an Environmental Services (Solid Waste and Recycling) – Residential contingency in the amount of $450,000 to cover existing costs through the fiscal year. This item was approved with the Consent Calendar vote. 22A. BUDGET – consider approval of CIP Contingency, with General Fund balance as the designated funding source, in the amount of $95,000 to the legal services account and $5,000 to the other professional services account for a total request of $100,000.00. 9 This item was approved with the Consent Calendar vote. 23. GRANT – consider adoption of a Resolution supporting the application, acceptance, and administration of a grant, Contract No. 323000403 from the Water Infrastructure Finance Authority of Arizona (WIFA) for Water Conservation Grant Fund- WIFA Water Program Assistance, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4377 was adopted. 24. STREETLIGHT IMPROVEMENT DISTRICT 23-01 - consider adoption of a Resolution creating Streetlight Improvement District No. 23-01 Warner Meadows - Phase 1 and ordering the improvements. This item was approved with the Consent Calendar vote. Resolution No. 4378 was adopted. 25. STREETLIGHT IMPROVEMENT DISTRICT 23-02 - consider adoption of a Resolution creating Streetlight Improvement District No. 23-02 Warner Meadows - Phase 2 and ordering the improvements. This item was approved with the Consent Calendar vote. Resolution No. 4379 was adopted. 26. FINAL PLAT DR22-74 - consider approval of the final plat for SWC Germann and Power, located south and west of the southwest corner of Germann Road and Power Road. This item was approved with the Consent Calendar vote. 27. HUMAN RESOURCES – consider adoption of a Resolution temporarily amending Personnel Rules to allow for an increase in the allowable maximum fiscal year carry- forward for vacation leave amounts for FY 2024. 10 This item was approved with the Consent Calendar vote. Resolution No. 4380 was adopted. 27A. HUMAN RESOURCES - consider confirming the appointment of Adithya Bala as a Judge Pro Tempore of the Gilbert Municipal Court. This item was approved with the Consent Calendar vote. 27B. HUMAN RESOURCES - consider confirming the appointment of George Biederman as a Judge Pro Tempore of the Gilbert Municipal Court. This item was approved with the Consent Calendar vote. 28. MINUTES – consider approval of the minutes of Regular Meeting of May 2, 2023 and Special Meeting of May 2 2023. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 29, 30, and 31. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Torgeson, to approve public hearing Items 29, 30, and 31. Motion carried 6-0. 29. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Shimogamo Gilbert located at 2320 South Santan Village Parkway, Suite 102. This item was approved with the Public Hearing Vote. 11 30. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Alcohol License for US Market Ray located at 777 West Ray Road. This item was approved with the Public Hearing Vote. 31. FEES – consider adoption of a 3.95% rate increase for ambulance transportation billing rates: a) Advanced Life Support – $1,059.65 b) Basic Life Support - $944.32 c) Mileage - $18.34 per mile and; d) Stand-by - $236.09 per hour. This item was approved with the Public Hearing Vote. 32. FEES – consider a motion to: a) direct staff to publish a Notice of Intention to collect credit card service/surcharge fees for Town of Gilbert billing activities; and b) set the public hearing date for August 1, 2023. Mayor Peterson opened the public hearing for Item 31. No one wished to speak and Mayor Peterson closed the public hearing. Finance Management Services Director Johanson provided an overview of the item. He said if approved, the purpose was to direct staff to post a Notice of Intent, which would then start a 60-day clock of the intention to add a new fee or charge. He said there would 12 then be a date-certain to have a public hearing to discuss and establish fees; then if approved, those fees would take effect 30 days after that. He discussed the process of how utility bills were charged through credit card processing merchant accounts and other requirements. He said utility accounts were required to have fixed fees, but then fixed rates per transaction for all other uses. He said these were maximum numbers; then on August 1, 2023, there would be firm rates for the Council’s consideration. Councilmember Torgeson asked for confirmation that this was looking at the maximum, but that staff would come before Council again with the actual numbers; Director Johanson affirmed. Councilmember Torgeson asked if the Town was shopping other providers, then discussed his experience in business. Director Johanson stated they must go through a competitive bidding process and were looking at other providers as well, adding there were subtleties in the rules with agreements in merchant accounts. He said from a city or town perspective, they would be very competitive but that the private sector did have differences. Councilmember Torgeson said he assumed the Town would not markup the fees, it would only be cost-recovery. Director Johanson replied they were not allowed to markup fees; it would be precisely at, or just slightly below, cost-recovery. Mayor Peterson reiterated that the item was required by law that the Town was going to put the notice out to notify the public, adding it would be on an agenda as a public hearing item on August 1, 2023. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to approve Item 32. Motion carried 6-0. ADMINISTRATIVE ITEMS 13 33. BOARDS AND COMMISSIONS – consider appointment of three regular members to the Parks and Recreation Board with terms beginning May 13, 2023 and ending May 12, 2026. This item was approved with the Consent Calendar. Michael Clark, Robert Ferron, and Rick Kettner were appointed to the Parks and Recreation Board as regular members with terms beginning May 13, 2023 and ending May 12, 2026. 34. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the third Quarter of FY 2023. A MOTION was made by Councilmember Vice Mayor Tilque, seconded by Councilmember Torgeson, to approve Item 34. Motion carried 6-0. 35. 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 14 p) Veterans Advisory Board Councilmember Torgeson discussed a meet and greet he attended that was hosted by the Redevelopment Commission and the Gilbert Chamber of Commerce at the Hale Theatre. He said it was a great event with high attendance, and he hoped it would continue. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger expressed appreciation to Arizona State Legislature Representatives Travis Grantham and Laurin Hendrix for their work with the Legislation delegation and the State budget that will lead to the construction of three new wells. He recognized the following staff members for their work on the effort: Assistant Town Manager Leah Rhineheimer, Public Works Director Jessica Marlow, Public Works Assistant Director Eric Braun, and Intergovernmental Relations Director Rob Bohr. Town Manager Banger then thanked the following staff for their efforts with the Roosevelt Water Conservation District (RWCD) Domestic Water Services Agreement that was approved that night: Public Works Assistant Director Eric Braun, Water Resources Manager Lauren Hixson, Town Attorney Chris Payne, Deputy Town Attorney John Baird, Public Works Director Jessica Marlow, Energy Resources Plan Advisor Stefan Walston, Water Conservation Coordinator Jeremiah Churchill, Water Manager Rebecca Hamel, and Assistant Town Managers Mary Goodman and Leah Rhineheimer. He spoke of the ten- 15 plus year effort and the complications with the issue, stating he was thrilled and looked forward to the continued relationship with RWCD. Report from the COUNCIL on current events. Councilmember Torgeson acknowledged Arizona State Legislature Representatives Travis Grantham and Laurin Hendrix from Legislative District 14, who were present. He noted the two had asked him what was a pressing issue in Gilbert. He said he told them water was an issue, then they included Councilmember Anderson and Town Manager Banger in their efforts. He thanked Representatives Grantham and Hendrix for getting $28 million back to Gilbert to put well-water projects forward several years and to help protect water and water rights. He asked those involved to stand up to be recognized. Councilmember Buchli stated she stood with the group, but only to show her support of them; she did not want others to think she was part of their efforts. Councilmember Buchli discussed attending a recent Fire and Police Operations 101 event, adding they did a fantastic job and it was one of the most fun days. Report from the MAYOR on current events. Mayor Peterson said the RWCD contract was big deal and expressed those who worked hard to bring it to fruition, expressing gratitude for the Town’s partnership with RWCD. She noted National Police Week was from May 14-20, 2023 and she wished to honor those who had lost their lives in the community; she recognized Gilbert’s own fallen heroes, Lieutenant Shuhandler and Officer Targosz. Mayor Peterson stated some of the Council attended the Eggs Benefit for AZCEND which raised $15,300, then thanked them for the services they provide. 16 Lastly, she stated the Town of Gilbert and HD South would be hosting the Memorial Day Event at Town Hall, adding it was free and would be held on May 29, 2023, from 8:30- 10:00 a.m. She summarized the activities planned and encouraged everyone to attend. She stated HD South would be open to the public that day from 10:00 a.m. – 2:00 p.m. for free. RECESS REGULAR MEETING AND RECONVENE IN EXECUTIVE SESSION A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Torgeson, to recess the Regular Meeting and reconvene in Executive Session. Motion carried 6-0. Mayor Peterson recessed the meeting at 7:15 p.m. Mayor Peterson reconvened the meeting at 7:16 p.m. pursuant to: a) A.R.S. § 38-431.03(A)(3), legal advice from the Town Attorney and discussion concerning the legal process to remove fraudulently recorded judgments; and 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 negotiations for the potential lease of real property relating to the Town’s existing leases at the University Building in the Heritage District. ADJOURN EXECUTIVE SESSION AND RECONVENE REGULAR MEETING Mayor Peterson reconvened the Regular meeting at 7:57 p.m. ADJOURN Mayor Peterson adjourned meeting at 7:57 p.m. ATTEST: 17 ___________________________ ___________________________________ 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 16th day of May, 2023. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2023. ___________________________________ Chaveli Herrera, Town Clerk 18