Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, SEPTEMBER 19, 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, Police Counseling Manager Keith Bradshaw, Management and Budget Director Kelly Pfost, Management and Budget Analyst II Genesis Hart, and Senior Planner Nicole Russell AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:51 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Prayer Pastor Brad Myers of Central Christian Church gave the invocation. Vice Mayor Tilque led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. 1 PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION- Proclamation declaring October 2023 as Domestic Violence Awareness Month. Police Counseling Manager Bradshaw provided a presentation highlighting October as Domestic Violence Awareness Month. He discussed the committee’s internal and external stakeholders and said each played a unique role to foster greater awareness in the community and provide support and resources to victims. He said they had developed professional relationships and maximized their workflows by working collaboratively with the community agencies and achieved positive outcomes in the lives of those impacted by domestic violence. He discussed the theme for the year 2023 as #Every1KnowsSome1 and said part of gaining awareness was being assertive and speaking out and identifying someone who could be one of more than 10 million women and men who were victimized by domestic violence each year in the United States. He said another component of awareness was to break down the negative stigma that accompanied victims of abuse. He said understanding and recognizing the dynamics of domestic violence made it easier to see that speaking out about it was the first step to reducing it. He said they hoped to create more dialogue and awareness in Gilbert and said the Gilbert Water Tower would be lit purple at dusk on October 1, 2023 to honor October as Domestic Violence Awareness Month. He said for the month of October donations would be received to partners Winged Hope and A New Leaf and said the external community agencies supported the Town’s endeavors to helping those impacted by domestic violence. He said on October 21, 2023 the Gilbert Domestic Violence Committee members would be at the Farmer’s Market to promote Domestic Violence awareness and also at an event on October 26, 2023 at the Gilbert Police Department. He said more information could be found on the website gilbertaz.gov/DVAM. Vice Mayor Tilque read a proclamation declaring October 2023 as Domestic Violence Awareness Month and presented the proclamation to Gilbert Domestic Violence 2 Awareness Task Force and Gilbert staff including members of the Gilbert Police Department and Domestic Violence Team. Police Counseling Manager Bradshaw said it took a lot to come together and make a difference. He said with the different roles, passion, and dedication of the committee members they were making a difference, and the more they extended the invitation to join in the fight they would continue to see great results. 2. PROCLAMATION- Proclamation declaring September 2023 as Ovarian Cancer Awareness Month. Mayor Peterson read a proclamation declaring September 2023 as Ovarian Cancer Awareness Month and presented the proclamation to Rachel Sackett. Rachel Sackett thanked the Mayor and said the Gilbert Water Tower would be lit teal on September 19, 2023 to support women fighting ovarian cancer. She announced the National Ovarian Cancer Coalition Together in Teal Walk would take place at Gilbert Regional Park on October 7, 2023. She stated the 1.78-mile walk represented the 1 in 78 women diagnosed with ovarian cancer every year. She shared her story and spoke of the lack of early detection tests and urged everyone to learn the signs and symptoms. 3. PROCLAMATION- Proclamation declaring September 17-23, 2023 as Constitution Week. Mayor Peterson read a proclamation declaring September 17-23, 2023 as Constitution Week and presented the proclamation to Maura Mackowski, Carolyn Harris, and other members of the Daughters of the American Revolution (DAR). Corresponding Secretary and Constitution Week Chairman Carolyn Harris provided a preamble to the Constitution for children to the Council and said it was very dear to her heart. 3 Chapter Regent Maura Mackowski said the DAR was comprised of decedents of people who fought in the American Revolution and said there would be a display booth at the library on September 23, 2023. 4. PRESENTATION - Presentation on annual update by the Gilbert Sister Cities Board. Kyaina Carter and Amara Manning from Higley High School and Jagoda Gliniak and David Wang from Gilbert Classical Academy spoke of their experiences being Gilbert Sister Cities 2023 Youth Ambassadors and the benefits of the program. Kyaina Carter stated throughout her time in the program she learned multiple valuable lessons. She spoke of her experience from the clinics she attended and how those clinics positively impacted her college application process. She spoke about making connections with the community and learning about the history of Gilbert. She stated that the program made her confident that she would be an independent contributing member of society. Jagoda Gliniak stated among the many things she learned from the program the primary one was the importance of community building. She spoke about feeling disconnected before joining the program and said after applying for the program she gained courage to step out of her comfort zone and engage with the community. She spoke about her volunteer experience and her experience in Ireland. She spoke of the inspiration she received and said the program helped her notice the importance of human connection. She said she believed this experience would stay with them throughout their lives. David Wang thanked the Council for the opportunity to speak and said he could not have imagined giving this speech a year ago. He shared the connections he made in Gilbert and Ireland through the program. He spoke of his volunteer experience in Ireland and said he made memories he would treasure forever. He spoke of the atmosphere and common connection in music with his exchange partner. He said he believed he and his fellow ambassadors had grown as individuals and were better prepared for college and life beyond. 4 Amara Manning spoke of the importance of the program to ambassadors, stating the program taught high school students to experience the world broader. She said the program gave them an opportunity to make important connections in their local community as well as Leshan, China and Antrim-Newtownabbey, Northern Ireland. She spoke about her experience and learning about a foreign country at a local level. She said the uniquely important program prepared students for life after high school. She said attending the program and travelling abroad allowed them to grow independently mature. Mayor Peterson congratulated the ambassadors on their experience and achievements and thanked them for sharing the program with the Council. 5. PRESENTATION – Presentation on the FY 2021-2022 Valley Benchmark Communities Trend Report. Management and Budget Analyst II Hart presented the Valley Benchmark Community (VBC) report for Fiscal Year 2021-2022. and stated the purpose of the VBC initiative was to improve local government performance in Arizona. She said VBC was composed of 13 cities with Buckeye and Town of Queen Creek officially starting with the program in 2021. She discussed how the reports were represented on the graphs and shared the demographics of percentage of population changes; the median household income; fire/medical service response times; police service data for property crime per 1,000 residents; library services; the Parks and Recreation services of miles of trails per 1,000 residents; water, sewer, and trash services; and the percentage of single-family residential waste diverted through curbside recycling. She noted recycling remained a huge effort in Gilbert, then reviewed how Gilbert compared to other cities and added that the report would be available on the Town’s website. Mayor Peterson said she loved seeing the operations in comparison to the other cities in the valley, adding it was great to see what Gilbert was doing for its residents. 5 COMMUNICATIONS FROM CITIZENS Jim Freedom, not a Gilbert resident, said he was an investigative journalist for a street news network and said public records requests should be the easiest action for a government to perform. He said news agencies needed to access information in a timely manner to disseminate it to the public and inform the public of events happening around them. He said there was a reason government tried to suppress it, adding because knowledge was power and they had something to hide. He said in 2023 a two-year turnaround time was unreasonable for video footage and computer files to be transferred. He said after some investigation, he had proof that the government treated him differently than mainstream media and said it was a violation of law. He spoke about filing a lawsuit for the government to follow their own rules and said even at that they would still take two years for other aspiring journalists. He spoke of Gilbert raising the price for public records requests for body camera footage and said the tax payers had already paid for the salary of the records specialist and equipment necessary to do their jobs. He said he was flabbergasted and the extra $46 charge served two purposes, to further enrich themselves and limit who had access. He suggested to remove the price raise from the agenda before the October 24, 2023 Council meeting, and said if he had to go to court over it he would also push to remove the existing $25 fee. Brandon Ryff, Gilbert resident, said exactly one year ago the Mayor removed him and other residents from the Council meeting and violated their first amendment rights. He said they asked for $1 and an apology and said the Mayor arrogantly refused. He said to defend their rights a civil rights lawsuit was filed. He said instead of apologizing, the Mayor smeared his name in order to defend her wrongful actions. He spoke about the news publishing false statements written about him and said it affected his place of business. He read the Town Code Section 2-105 and said the Town Code should not be using taxpayer dollars to defend the Mayor. He said the Town Attorney blocked any legitimate investigation from being done and refused to save taxpayer money that could have been used for roads, 6 schools, police, and fire. He said it was about justice not money and asked the Council to honor the Town Code, pull the Mayor’s legal defense funding, allow him to personally hold her accountable, and in exchange he said he would release the Town from his lawsuit and leave the taxpayers out of it. Ryan Handelsman, Gilbert resident, said on August 21, 2023 he and Brandon Ryff filed an ethics complaint against the Mayor. He said on August 28, 2023, they received a notice from the Town that Town Attorney Payne recommended that the Council dismiss the complaint. He said on September 4, 2023, Councilmembers Bongiovanni, Buchli and Torgeson placed the ethics complaint on the agenda for the September 19, 2023 meeting. He said it was ironic that two days later the Mayor placed the other ethics complaints on the agenda. He said he was not asking for an opinion on what took place a year ago but was asking the Council to look at the process. He spoke about the ethics complaint investigation and said only the Mayor was contacted by the investigator. He asked if they thought that was a fair process and said hopefully the Council would allow the ethics complaint to move forward. Aaron Accurso, Gilbert resident, read a proposed resolution from the Town of Queen Creek regarding masking and vaccinations. He asked the Council to look at the Town of Queen Creek as an example and bring a similar resolution before Gilbert employees and citizens. He said it was their God given liberties and freedoms to act or not act on their own behalf without the interference of any government. He provided copies of the proposed resolution to the Council and said it was part of the Town of Queen Creek’s September 20, 2023 Council meeting agenda packet. Eric Perez, Gilbert resident, said he was there on behalf of East Valley Institute of Technology (EVIT) and thanked Councilmember Torgeson for his generous donation of silk screen printer, dryer and 50 gallons of ink. He said he was a graphic designer at EVIT and it meant a lot. Shelli Boggs, President of EVIT Governing Board, added that EVIT was only 7 as good as our community and industries and said in her humble opinion EVIT was the best career and technical education program in the country. CONSENT CALENDAR Mayor Peterson commented on Item 8G stating it was a grant for the Police Department to continue providing Student Resource Officers in junior high and high schools. She said most people did not realize that schools did not fall under the authority of the Mayor and Council and the relationship between the Council, Police Department and schools was very important to accept these grants and continue the services to the students. A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Buchli, to approve Consent Items 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, and 46; add Item 50 to the Consent Calendar appointing to the Planning Commission Jän Simon and Lisa Gage with terms beginning September 30, 2023 and ending September 29, 2027, Noah Mundt with a partial term beginning September 30, 2023 and ending September 29, 2024 and an additional term beginning September 30, 2024 and ending September 29, 2028, and Louis DeGravina and Thomas Everett and as Alternates with terms beginning September 30, 2023 and ending September 29, 2024; and add Item 51 to the Consent Calendar appointing Aldo Valencia to the Self-Insured Trust Board with a term beginning October 1, 2023 and ending September 30, 2026. Motion carried 6-0. 6. ANNEXATION A23-14 – consider adoption of an Ordinance deannexing approximately 6.99 acres of county right-of-way from Chandler Heights Road to Recker to about 700 feet west of Power Road, contingent upon annexation by the Town of Queen Creek and approval by the Maricopa County Board of Supervisors. This item was approved with the Consent Calendar vote. Ordinance No. 2880 was adopted. 7. INTERGOVERNMENTAL AGREEMENT – consider approval of Intergovernmental Agreement No.319000706 with City of Mesa for Gilbert's proportional share of $655,459.84 8 for the Greenfield Water Reclamation Plant (GWRP) Various Plant Improvements, Project No. WW0970, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. INTERGOVERNMENTAL AGREEMENT – consider: a) adoption of a Resolution approving Intergovernmental Agreement No. 324000061 with Chandler Unified School District No. 80 for the assignment of two (2) School Resource Officers; and b) approval of School Safety Program Cooperative Agreement No. 323000454 with Chandler Unified School District at Payne Junior High School, for School Resource Officers (SRO) and Juvenile Probation Officers (JPO); and c) approval of School Safety Program Cooperative Agreement No. 323000455 with Chandler Unified School District at Perry High School, for School Resource Officers (SRO) and Juvenile Probation Officers (JPO); and d) adoption of a Resolution approving Intergovernmental Agreement No. 324000062 with Gilbert Unified School District No. 41 for the assignment of two (2) School Resource Officers; and e) approval of School Safety Program Fiscal Year (FY) 2024 Cooperative Agreement No. 323000456 with Gilbert Public Schools at Mesquite Junior High, for School Resource Officers (SRO) and Juvenile Probation Officers (JPO); and f) approval of School Safety Program Fiscal Year (FY) 2024 Cooperative Agreement No. 323000457 with Gilbert Public Schools at Mesquite High School, for School Resource Officers (SRO) and Juvenile Probation Officers (JPO), and authorize the Mayor to execute the required documents; and 9 g) approval of Fiscal Year (FY) 2024 Grant Fund Contingency in the amount of $458,710. This item was approved with the Consent Calendar vote. Resolution Nos. 4415 and 4416 were adopted. 9. AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 324000038 with Tyr Tactical, LLC utilizing City of Mesa Cooperative Purchasing Contract No. 2023230 in the total amount of $625,000 over 5 years; and b) approval of expenditures under Contract No. 324000038 in an amount not to exceed $125,000 per fiscal year for police ballistic vests and equipment to support the delivery of lines of service, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10. AGREEMENT – consider approval of Professional Services Agreement No. 324000009 with Crisis Preparation and Recovery, Inc. (CPR) to add a behavioral health co- responder to the Police Department’s Crisis Response Team, funded via the Opioid Settlement Funds exclusively with no anticipated impact to the General Fund, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. AGREEMENT – consider approval of Agreement for Services Agreement No. 323000515 with Alliant Insurance Services, Inc in an amount not to exceed $112,750 for Broker/Consultant Services for employee health and benefits insurance for October 1, 2023 to September 30, 2024, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10 12. AGREEMENT - consider approval of License Agreement with The Church of Jesus Christ of Latter-day Saints for the use of a portion of Town-owned property for the placement of fundraising vending machines to benefit charitable organizations commencing on November 16, 2023 and terminating on January 2, 2024 and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000059 with B.L.C.G. Corp dba All Pro Fence Co., utilizing City of Mesa Cooperative Purchasing Contract No. 2021006, for chain link/galvanized fencing, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000060 with B.L.C.G. Corp dba All Pro Fence, utilizing City of Mesa Cooperative Purchasing Contract No. 2023172, for Masonry/Block Fencing, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of Agreement to Provide Services/Supplies Pursuant to a Cooperative Purchasing Agreement Contract No. 324000015 with WESCO Distribution, Inc., utilizing Maricopa County Cooperative Purchasing Contract No. 220205-C in an amount not to exceed $215,000 for traffic signal heads and components, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of Task Order No. 37 to Job Order Contract (JOC) Contract No. 319001058 with Sunland Asphalt & Construction, Inc, in an amount not to 11 exceed $365,269.55 for asphalt products and services for Queen Creek Road, Power Road to Higley Road, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000072 with TYLin International in an amount not to exceed $379,110.87 for the Higley and Queen Creek Intersection, Project No. ST2010, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 18. CONTRACT – consider approval of Cooperative Purchase Agreement No. 324000033 with Toter, LLC., utilizing City of Tucson/OMNIA Partners Cooperative Purchasing Contract No. 226024-2 in an amount not to exceed $1,400,000 for Refuse and Recycling containers and related products, equipment and services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19. CONTRACT – consider approval of Cooperative Purchase Order Contract No. 324000021 with Cochise Services LLC, utilizing State of Arizona Contract No. CTR049956, in an amount not to exceed $287,434 for the Fuel Station Shade Structures, Project No. MF2533, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. CONTRACT – consider approval of: a) Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 323000335 with Felix Construction Company in an amount not to exceed 12 $299,616 for the Wells Development Program, Project No. WA0810 - Waterston Well Site and WA0880 - Pecos & 164th St Well Site; and b) Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 323000336 with Kiewit Infrastructure West, Co. in an amount not to exceed $318,974 for the Wells Development Program, Project No. WA0270 - Cooley Station Well Site and WA1609 - Gilbert Regional Park R8 Well Site, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CONTRACT – consider approval of: a) Architectural and Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 323000333 with GHD, Inc., in an amount not to exceed $830,490 for the Site 32 Well and System Connections, Project No. WA0880; and b) Architectural and Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 323000334 with Wilson Engineers in an amount not to exceed $2,578,942 for the Site 34 New Well and Reservoir, Project No.' WA0270, WA1609, WA1610, WA1611, WA1612, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22. CONTRACT – consider approval of Purchase Contract No. 324000077 with Polydyne Inc. in an amount not to exceed $330,000 for the purchase of Coagulant Aid Polymer C-358 to aid in the production of Gilbert's potable drinking water, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13 23. CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Construction Manager At Risk (CM@R) Contract No.323000243 with Tristar Engineering &d Management, Inc. in an amount not to exceed $808,040 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 24. CONTRACT – Consider approval of: a) Job Order No. 7 to Job Order Contract (JOC) Contract No. 320000097 with B&F Contracting, Inc in and amount not to exceed $2,522,097 for Higley Road Water Line, Project No. WA1460; and b) Construction Management (CM) Services Contract for Design-Bid_Build (DBB) Project Contract No. 324000069 with Tristar Engineering and Management, Inc. in an amount not to exceed $298,800 for the Higley Road Water Line, Project No. WA1460, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 25. CONTRACT – consider approval of Amendment No. 2 to Contract No. 323000216 with Bestway Electric Motor Service Co., Inc. in an amount not to exceed $311,227.81 for Irrigation Pump Station Replacements for Freestone Park, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 26. CONTRACT – consider approval of Agreement for Services Agreement No. 323000248 with Marsh USA, Inc., in an amount not to exceed $85,000 for the Broker/Consultant Services for Property Casualty and Workers’ Compensation for October 14 1, 2023 to September 30, 2024, with a $5,000 increase annually for the next 5 years and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 27. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 323000193 with Southwest Fabrication increasing the contract amount by $70,000 for Streetlight and Traffic Signal Poles, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 28. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 323000136 with J2 Engineering and Environmental Design, LLC, increasing the contract amount by $49,728 for Parks and Recreation Master Plan update, Project No. PR1337, and authorize the Mayor to execute the required documents; and b) approval of General Fund contingency in the amount of $50,000. This item was approved with the Consent Calendar vote. 29. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 321000279 with Kennedy/Jenks Consultants increasing the contract amount by $12,954,340 for the North Water Treatment Plant (NWTP) Facility Upgrades and Reconstruction Project, Project No. WA1589, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15 30. CHANGE ORDER - consider approval of Change Order No. 1 to to Architectural and Engineering (A/E) Contract No. 319001098 with Sunrise Engineering, Inc, increasing the contract amount by $64,635 for Tankersley Water Line Area II, Project No. WA1310, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 31. CHANGE ORDER – consider approval of Change Order No. 1 to Architectural and Engineering (A/E) Contract No. 323000069 with HDR Architecture Inc.,m increasing the contract amount by $65,500 for Traffic Operation Center, Project No. MF2526, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 32. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 320000227 with Ferguson Enterprises, LLC, increasing the contract amount by $247,942 for Fire Hydrants, Gate Valves, Water Meter Parts and Miscellaneous Parts, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 33. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 323000098 with Valleywide Generator Service increasing the contract amount by $300,000 for generator repairs at the Public Safety Building, and authorize the Mayor to execute the required documents; and b) a General Fund contingency transfer in the amount of $300,000. This item was approved with the Consent Calendar vote. 34. CHANGE ORDER/BUDGET – consider approval of: 16 a) Change Order No. 4 to Contract No. 321000145 with Hughes Fire Equipment, Inc., increasing the contract amount by $6,552,163.31 for the replacement of Hazmat Unit and Command Van, the purchase of pumper for the deployment of ARU #1, and the purchase of 3 replacement pumpers, Project No. MF2290, and authorize the Mayor to execute the required documents; b) CIP contingency with General Replacement Fund balance as the designated funding source in the amount of $2,983,550 to accelerate the purchase of three replacement pumpers; and c) CIP contingency with General Replacement Fund balance as the designated funding source in the amount of $764,420 for cost escalation for the replacement of the Hazmat Unit and Command Van/Rehab Unit. This item was approved with the Consent Calendar vote. 35. BUDGET – consider approval of: a) contingency in Workers’ Compensation Fund of $4,900,000 to provide budget authorization sufficient to post the Incurred But Not Reported (IBNR) entry for Fiscal Year (FY) 2023; b) contingency transfer of $700,000 from the General Fund to the General Liability Fund to provide sufficient capacity for the Incurred But Not Reported (IBNR) to post; and c) contingency in the General Liability fund of $2,400,000 to provide budget authorization sufficient to post the Incurred But Not Reported (IBNR) entry for Fiscal Year (FY) 2023. This item was approved with the Consent Calendar vote. 17 36. BUDGET – consider approval of Contingency from the Wastewater Fund in the amount of $129,701 for repair and rehabilitation at Neely Water Reclamation Plant (Neely WRF). This item was approved with the Consent Calendar vote. 37. BUDGET – consider approval of contingency in the total amount of $230,600 for the claim settlements incurred for the period of April 1, 2023 to June 30, 2023 from: a) the General Fund in the amount of $139,830; b) the Streets Fund in the amount of $15,770; c) the Water Fund in the amount of $31,750; d) the Wastewater Fund in the amount of $18,740; e) the Solid Waste - Residential Fund in the amount of $16,690; and f) the Solid Waste - Commercial Fund in the amount of $5,710. This item was approved with the Consent Calendar vote. 38. BUDGET – consider approval of General Fund contingency in the amount of $115,000 for 32 sets of turnouts. This item was approved with the Consent Calendar vote. 39. BUDGET – consider approval of General Fund contingency in the amount of $213,700 for the balance of Contract No. 322000438 to Faith Technologies Incorporated for the installation of the Electric Vehicle (EV)-charging unit at Gilbert Fire & Rescue Department Station 2. 18 This item was approved with the Consent Calendar vote. 40. GRANT – consider: a) acceptance of a grant, Contract No.324000093, from Water Infrastructure Finance Authority of Arizona (WIFA) Water Conservation Grant Fund for $3,000,000 for the Municipal Grass Removal Program. b) approval of CIP contingency in the amount of $3,000,000 in contingency with Grant Fund as the designated funding source. This item was approved with the Consent Calendar vote. 41. GRANT – consider: a) application and acceptance of a grant, Contract No. 324000085, from 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) for $25,650. b) approval of FY 2024 Grant Fund contingency in the amount of $25,650 in application and acceptance of the 2023 Edward Byrne Memorial Justice Assistance Grant funding. This item was approved with the Consent Calendar vote. 42. GRANT – consider: a) application and acceptance of a grant, Contract No. 324000081, from Governor’s Office of Highway Safety Fiscal Year (FY) 2024 for $8,290 for Accident Investigation Training & Related Materials and Supplies; b) application and acceptance of a grant, Contract No. 324000082, from Governor’s Office of Highway Safety Fiscal Year (FY) 2024 for $93,920 for DUI Enforcement; 19 c) application and acceptance of a grant, Contract No. 324000083, from Governor’s Office of Highway Safety Fiscal Year (FY) 2024 for $6,460 for Pedestrian and Bicycle Safety Overtime; d) application and acceptance of a grant, Contract No. 324000084, from Governor’s Office of Highway Safety Fiscal Year (FY) 2024 for $77,680 for STEP Enforcement Overtime, Materials & Supplies; and e) approval of a Fiscal Year (FY) 2024 Grant Fund Contingency in the amount of $186,350. This item was approved with the Consent Calendar vote. 43. PARKWAY IMPROVEMENT DISTRICT – consider finding no written notices objecting to the acts of proceeding were filed with Gilbert pursuant to A.R.S. 48-584 (E) within 15 days of the publication of the notice of award of the contract for FY2023-24 improvements in Parkway Improvement District PKID 07-05 and authorize the Mayor to execute the required documents as follows: a) Contract No. 323000314 with CD Development, LLC, in an amount not to exceed $126,816, for PKID 07-05, Circle G Meadows II Irrigation Improvements. This item was approved with the Consent Calendar vote. 44. FINAL PLAT DR22-61- consider approval of the final plat for "The Gilmore" located at the northwest corner of Germann Road and Val Vista Drive. This item was approved with the Consent Calendar vote. 45. BOARDS AND COMMISSIONS – consider acceptance of resignation of David Blaser from the Planning Commission, effective September 19, 2023. 20 This item was approved with the Consent Calendar vote. 46. MINUTES – consider approval of the minutes of Regular Meeting of August 15, 2023; Special Meetings of August 15, 2023, and the Special Meeting on August 23, 2023. This item was approved with the Consent Calendar vote. PUBLIC HEARING Mayor Peterson opened the public hearing for Items 47, 49, and 49A. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Buchli, seconded by Vice Mayor Tilque, to approve public hearing Items 47, 49, and 49A. Motion carried 6-0. 47. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Alcohol License for QuikTrip #1434 located at 7171 South Higley Road. This item was approved with the Public Hearing Vote. 48. ZONING Z23-03 conduct hearing and consider approval of the findings and adoption of an Ordinance for Gilbert San Tan amending the zoning classification of approximately 30.6 acres of real property generally located east of the southeast of the corner of Higley Road and San Tan Boulevard from Single Family-15 (SF-15) zoning district to Single Family-15 (SF-15) zoning district with a Planned Area Development overlay zoning district (PAD) to modify lot coverage and setbacks. The effect would be to reduce setback requirements and increase lot coverage requirements. Mayor Peterson opened the public hearing for Item 48. Nicole Russel, Senior Planner, presented Z23-03 Gilbert San Tan rezoning and said the current parcels were single family zoned. She said most of the property was single family 21 development and single story. She said the request was to rezone approximately 30.6 acres from Single Family-15 to Single Family-15 with a Planned Area Development (PAD) overlay zoning district to modify lot coverage, setbacks and building height. She said the preliminary plat was approved in July of 2020 and the final plat was approved in August 2023. She discussed the PAD deviations overlay and stated it reduced building height, front setback, side setback and increased lot coverage. She said restricting homes to single- story with modified setbacks was a creative alternative in a zoning district that allowed two-story homes as a matter of right. She said the proposed modified setbacks were requested to accommodate single-story homes and the reduced setbacks would allow more building options and alternative home layouts. She discussed the public participation stating a neighborhood meeting was held on November 30, 2022 and neighbors in the area shared concerns with the two-story homes and placement of the secondary access gate on 172nd Street. She said the applicant changed the request to reduce the building height to one-story following that meeting. She said staff received a petition of support from eight property owners along 170th Street. She said on August 2, 2023 the Planning Commission recommended approval of Z23-03 and said due to a posting error the case was re-heard at the September 13, 2023 meeting where the Planning Commission recommended approval. She said several members of public attended that meeting and two neighbors spoke in opposition to the secondary access gate. She said staff had conditions outlined in the staff report, should the Council choose to approve. Applicant Reese Anderson asked if there were any request to speak cards submitted for the item. Mayor Peterson said there were none received and said one online comment was submitted in opposition of Item 48. He said he wanted to focus his presentation on answering any questions from the Council. Councilmember Torgeson asked what the negatives were to the project. Applicant Reese Anderson said the change was to building setbacks and self-limitation to single-story. He said he had not experienced a single person that opposed the request presented that night. He said the opposition was to the project that had already been approved which was for a secondary access point on 172nd Street. He said that was vetted 22 by the Town engineers and traffic department, as well as their own private consultants as not being a safety issue. He said that was not the item before them; there was not a project being asked to be approved, rather a tweak to an already approved project. Mayor Peterson closed the public hearing for Item 48. Vice Mayor Tilque thanked the applicant for working with the neighbors. A MOTION was made by Councilmember Torgeson, seconded by Vice Mayor Tilque, to approve Item 48. Motion carried 6-0. Ordinance No. 2881 was adopted. 49. PROPERTY ACQUISITION – conduct hearing and consider adoption of a Resolution approving the acquisition of right-of-way and required easement for Parcel No. 304-71- 031A for the Ocotillo Rd -148th to Greenfield for the negotiated amount of $68,804 plus statutory interest, Project No. ST0990. This item was approved with the Public Hearing Vote. Resolution No. 4417 was adopted. 49A PROPERTY ACQUISITION – conduct: a) Hearing and consider adoption of a Resolution approving the acquisition of 18 acres of real property, located at 134 W. 100th, 134 W. Cullumber, 245 & 333 N. Neely for the 2018 Heritage District Redevelopment Plan; and b) Approve contingency with General Fund as the designated funding source, in the amount not to exceed $18,425,880.00 plus acquisition and closing costs. This item was approved with the Public Hearing Vote. Resolution No. 4418 was adopted. ADMINISTRATIVE ITEMS 23 50. BOARDS AND COMMISSIONS – consider appointment to the Planning Commission of: a) two regular members with terms beginning September 30, 2023 and ending September 29, 2027; b) one regular member with a partial term beginning September 30, 2023 and ending September 29, 2024, and a full term beginning September 30, 2024 and ending September 29, 2028; and c) two alternate members with terms beginning September 30, 2023 and ending September 29, 2024. This item was approved with the Consent Calendar Vote. Appointed to the Planning Commission were Jän Simon and Lisa Gage with terms beginning September 30, 2023 and ending September 29, 2027; Noah Mundt with a partial term beginning September 30, 2023 and ending September 29, 2024 and an additional term beginning September 30, 2024 and ending September 29, 2028; and Louis DeGravina and Thomas Everett and as Alternates with terms beginning September 30, 2023 and ending September 29, 2024. 51. BOARDS AND COMMISSIONS – consider appointment of one regular member to the Self-Insured Trust Board with a term beginning October 1, 2023 and ending September 30, 2026. This item was approved with the Consent Calendar Vote. Aldo Valencia was appointed to the Self-Insured Trust Board with a term beginning October 1, 2023 and ending September 30, 2026. 52. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the fourth Quarter of FY2023. 24 A MOTION was made by Councilmember Buchli, seconded by Vice Mayor Tilque, to approve Item 52. Motion carried 6-0. 53. COUNCIL ADMINISTRATION- review, discussion, and possible action of recommendation of a Code of Ethics complaint filed against Mayor Peterson by Brandon Ryff and Ryan Handelsman. Vice Mayor Tilque stated the item was placed on the agenda by Councilmembers Bongiovanni, Torgeson and Buchli. She introduced the item for Council discussion and said the respondent would not participate during the Council conversation but would have the opportunity to respond prior to taking action. She discussed the possible Council actions and said a simple majority was needed for the action to pass, adding that it was recommended the Councilmember that was the subject of the complaint did not participate in any vote. Mayor Peterson requested a five-minute recess to speak with Town Attorney Payne. Councilmember Bongiovanni said to separate the issue from the person involved and look into future ramifications. He said if the Council did not move forward with the item it would create an environment of “get out of jail free card.” He gave a hypothetical example of an ethics complaint to explain his concerns. He said the investigation was significant because all parties involved were not spoken to, adding his concern was being cleared of an ethics complaint by weak evidence. Councilmember Torgeson reiterated what Councilmember Bongiovanni said, stating the process was flawed in allowing someone else to take the voice away from people who deserved to be heard. Councilmember Buchli said she wanted to reiterate Councilmembers Bongiovanni and Torgeson’s comments, and said she did not feel there was justification in the process when the victims did not have the ability to defend themselves. She spoke about the 25 timeframe to file a complaint and said that was not an issue with the ethics policy. She stated she believed the item needed to move forward. Vice Mayor Tilque clarified that the ethics complaint was to reopen an investigation of a prior ethics complaint. She discussed the reasons the ethics complaint was recommended not to reopen by the Town Attorney and said reopening an investigation would set a precedent to keep reopening investigations, regardless of their outcome. She spoke about changes that were put into place for the new ethics policy. Councilmember Buchli said she wanted to clarify whether the ethics complaint was reopening of an investigation or a new investigation to a new complaint filed by Brandon Ryff and Ryan Handelsman. She said the investigator had not spoken to them and they had not been heard. Councilmember Bongiovanni said it was a change for the future and the Code of Ethics Subcommittee did a good job in finding the errors, but it did not erase the past. He stated it was not a fair investigation. Councilmember Anderson asked if the other investigations that were on the agenda were conducted fairly. Councilmember Bongiovanni said he would say yes. Councilmember Torgeson said he would hope so, from what he read people were spoken to and it was not a matter of agreeing or disagreeing with the results but a matter of process. He said he did not know how Brandon Ryff and Ryan Handelsman were held to a different standard and were not spoken to, then said the process was flawed and done improperly. Vice Mayor Tilque questioned setting a precedent when allowing something to come back, then asked if somebody was not happy with the action taken for other ethics complaints, if that would open up those being refiled. 26 Councilmember Torgeson said he did not understand how that set a precedent for people reopening complaints that they did not file. Vice Mayor Tilque said she did not disagree with Councilmember Torgeson’s comments and asked if someone did not like the outcome of the other ethics complaints if they could ask to for a new investigation. Councilmember Bongiovanni said it was not a question of not liking the result and said with the new system in place that would not be a factor. Councilmember Buchli said Brandon Ryff and Ryan Handelsman filed the complaint because they did not get the opportunity to tell their side of the story and said the issue was that no one talked to them. She said she did not see how Vice Mayor Tilque saw it as they filed the complaint because they did not like the result. Vice Mayor Tilque clarified that she did not reference Brandon Ryff or Ryan Handelsman and their intent was asking a question on precedent on the other ethics complaints. Councilmember Anderson asked if there was a way to get to the outcome without a new ethics complaint and said he objected to spending money on this. Councilmember Bongiovanni said Vice Mayor Tilque and Councilmembers Anderson and Torgeson could answer that question if it would be appropriate to put it through the new system and said they had more information on the new ethics policy. Councilmember Anderson clarified, stating he hoped to find another solution rather than spending money to have another investigation done, adding it was hurting our community. Mayor Peterson said she honored the process and welcomed the investigation and findings as she had every other time. 27 Vice Mayor Tilque explained the options for action and asked if anyone wanted to put forth a possible motion. A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Torgeson, to move the investigation forward. Motion carried 4-1-1, with Councilmember Anderson dissenting and Mayor Peterson abstaining. Items 54-57 were discussed together. 54. COUNCIL ADMINISTRATION- review, discussion, and possible action of final report and recommendation of a Code of Ethics complaint filed against Councilmember Torgeson by Maureen Hoppe. This item was voted on with Items 55-57. 55. COUNCIL ADMINISTRATION- review, discussion, and possible action of final report and recommendation of a Code of Ethics complaint filed against Councilmember Buchli by Maureen Hoppe. This item was voted on with Items 54, 56, and 57. 56. COUNCIL ADMINISTRATION- review, discussion, and possible action of final report and recommendation of a Code of Ethics complaint filed against Mayor Peterson by Councilmember Bongiovanni. This item was voted on with Items 54, 55, and 57. 57. COUNCIL ADMINISTRATION- review, discussion, and possible action of final report and recommendation of a Code of Ethics complaint filed against Councilmember Torgeson by Mayor Peterson. 28 Mayor Peterson stated she placed Item numbers 54-57 on the agenda and said she was not aware the previous item had already been placed on the agenda. She said she thought it was best to bring them forward for transparency, adding the ethics complaint against Councilmember Koprowski was not placed on the agenda because she would not be present at the meeting. She introduced the ethics complaints and asked if there was any discussion. Vice Mayor Tilque spoke about lessons learned and said while saying negative things about one another was not an ethics violation, they became public statements. She said her hope was for the Council to make a commitment to stop negative distractions and stay focused on the business of the Town. She spoke about celebrating the wonderful things in the Gilbert community. She spoke about additional training and said she appreciated the Councilmembers willingness to learn. She said the new ethics policy would allow for public conversations and the sharing of correct information when incorrect information was mistakenly shared, ensuring that the Council took time to rectify any mistakes. Councilmember Torgeson shared his frustration about Item 55 and said Councilmember Buchli was an empathetic and kind person. He said the complaint was a waste of time, effort, and money. Vice Mayor Tilque noted that there was no action recommend by the investigator for Item 55, and said it was honorable of Councilmember Buchli to publicly admit she had made a mistake. Mayor Peterson asked Town Attorney Payne to explain the process of the ethics complaints for transparency. Town Attorney Payne said that all the existing ethics complaints were under the older Code of Ethics policy and explained the process of how complaints were filed and investigated. He said the decision of who the complaint was sent to for an outside investigation was based on expertise, experience in municipal law, and availability. He said the Town 29 Attorney’s office did not give direction until a report with the final findings was received. He said the process would be different under the new Code of Ethics. Mayor Peterson said it was important to outline the process to combat rumors that she was choosing the attorneys. Councilmember Bongiovanni spoke about Item 56 and shared a metaphor. He said because an ethics complaint did not meet the threshold of a violation, it did not mean the threshold was not wrong. He discussed the complaint he filed against the Mayor and explained his concerns. He said her actions divided the Council and bothered him enough to request a special meeting for a Vote of No Confidence. He said the investigation found that the behavior did not rise to an ethics complaint and said he believed it should have. He spoke of the Councilmembers having blind loyalty to each other per the Code of Ethics and said it violated the first amendment of the Constitution. He said the complaint against Councilmember Torgeson was for political gain. He spoke about a meeting between the Mayor, Councilmember Anderson and a Gilbert resident that he said discussed removal of Councilmember Torgeson from the Code of Ethics Subcommittee. He said the behavior did not meet the current Code of Ethics standards to be a violation, but it should have. He added a leader needed to be accountable and the people of Gilbert deserved an apology from the Mayor. He asked the Council to not accept the finding of the ethics complaint. Vice Mayor Tilque asked if he believed the investigation was done fairly. Councilmember Bongiovanni said he believed the investigation was fair; however, what was considered an ethical violation was not correct. Vice Mayor Tilque said the basis for that was on the ethics policy in place and the findings came back that it was not a violation. She said the new ethics policy would eliminate some of these concerns. She said her goal was through the mediation, training, and new policy that the Council would move forward. 30 Councilmember Torgeson spoke about the ethics policy and the reasons for the new process, adding he had not filed any ethics complaints because he could not disrespect the taxpayers of Gilbert enough to file ethics complaint that would go nowhere. He said he was grateful for the opportunity to change the process, then spoke of the dysfunction of the Council and how the process was a waste of money and time. Councilmember Bongiovanni said he was asked in his mediation session what needed to happen for the Council to move forward. He said his answer was accountability and asked the Mayor to be accountable for the things that had happened, adding it was a very simple thing to do and all he needed to move forward. Councilmember Anderson asked Councilmember Bongiovanni if it could be resolved outside of the ethics process. Councilmember Bongiovanni said he was not asking for a public apology and he would settle for some accountability at the next mediation. Councilmember Buchli said her ethics complaint had zero truth and she was fully exonerated. She thanked Councilmember Torgeson for his kind words. She spoke about how the ethics complaints affected the Council and said they all wanted to move forward and focus on doing what they were elected to do. She said she was happy about the new Code of Ethics policy and it was easier to communicate. Councilmember Torgeson spoke of the agenda packet he had to read and the distractions of the ethics complaints. He said he did not bother to read the ethics complaints filed against him. He showed the amount of amendments and public records requests made towards the ethics complaint saying it was not moving them forward. He said he was thankful they had the opportunity to reformat the ethics process and he understood the process now. He said they needed to be accountable for their actions and be allowed to do the business of the Town. 31 Mayor Peterson thanked the residents who had reached out to her and the churches and pastors that were praying for the Council and the Town. She said she heard and agreed with the community’s request that the Council move forward with the respect, civility and leadership traits they were elected for. She spoke of the value of the mediation process and expectations of the Council. She said she accepted her role as one of the seven leaders on the Council and requested focusing their energy on moving forward and serving the community. She said she respected the ethics complaint process and findings and would not debate them. She added she could not change the past but could learn from it and it was time to look for opportunities to be a team. She said the process did not require any action and asked the Council if anyone wanted to take action or make a motion. A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Anderson, to accept the report from the investigations on Items 54–57 and that the investigations were closed and not re-opened. Motion carried 6-0. 58. FEES – consider a motion to: a) direct staff to publish a Notice of Intention to Increase System Development Fees for Land Use Assumptions and Infrastructure Improvements; and b) set the public hearing date for November 28, 2023. Jackson Moll, CEO of Home Builders Association of Central Arizona, said he wanted to convey respectful opposition to the proposed fees. He said Gilbert was facing a housing affordability crisis and doubling the already high fees that builders paid for new infrastructure to roughly $40,000 per home was concerning. He said he understood the process was procedural to start the public comment and he wanted to convey his commitment to the Town to provide substantive comments regarding the methodology and assumptions used to calculate the fees. He said he was hopeful to bring options to the Public Hearing that both the builders and Town would be comfortable with. 32 A MOTION was made by Councilmember Anderson, seconded by Councilmember Torgeson, to approve Item 58. Motion carried 6-0. 59. 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) Public Safety Personnel Retirement System (PSPRS) Local Pension Boards j) Public Works Advisory Board k) Redevelopment Commission l) Town of Gilbert, AZ Deferred Compensation Trust Board m) Town of Gilbert, AZ Public Facilities Municipal Property Corporation n) Town of Gilbert, AZ Self-Insured Trust Fund Board o) Town of Gilbert, AZ Water Resources Municipal Property Corporation p) Utilities Board q) Veterans Advisory Board There were no comments. POLICY ITEMS 60. POLICY NO. 2023-04 - consider approval of Council Policy No. 2023-04 regarding Financial Policy, repealing Policy No. 2010-02 regarding Council Support Costs and Policy No. 2019-02 regarding Appraisal Policy. 33 Councilmember Torgeson said money was not being spent frivolously for the Council and spoke of comparisons to the support staff of other municipalities. He thanked Management and Budget Director Pfost, and the Council support staff Monica D’Ortenzio and Kirsten Morgan for their hard work. Mayor Peterson said she had been speaking with staff about Council support costs and said it was going to be on the upcoming Town Council Retreat. She asked the Council if they were willing to look at the Financial Policies and move the Council Support Costs section to the upcoming Town Council Retreat. Vice Mayor Tilque asked if there was an urgency to pass the rest of the financial policies or wait to do it all at once. Management and Budget Director Pfost said it would be helpful to pass the rest of the policies, as they were not related and staff could move forward with the other items. A MOTION was made by Vice Mayor Tilque, seconded by Councilmember Bongiovanni, to accept the Financial Policies as represented without the Council Support Costs to be reviewed at the Fall Council Retreat. Motion carried 6-0. Policy No. 2023-04 was adopted. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER on current events. There was no report. Report from the COUNCIL on current events. 34 Councilmember Bongiovanni wished Gilbert resident George Dottl a Happy 91st birthday. Report from the MAYOR on current events. Mayor Peterson said the Heat Relief Program was successfully expanded thanks to the community support. She discussed the respite locations, services and the water bottle donations received for those in need. She thanked the community partners and volunteers. She congratulated the Planning Department and Development Services, on receiving the award for the Best Masterplan Project Study Transportation Plan from the Arizona Chapter of the American Planning Association State Conference. She said Gilbert also received the award for the Best Ordinance/Regulation/Legislation/Adopted Policy for the Mixed-Use Zoning and Design Guidelines approved by the Council earlier in the year. She wished Councilmember Torgeson a Happy Birthday. ADJOURN Mayor Peterson adjourned the meeting at 9:37 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 19th day of 35 September 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 36