Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, FEBRUARY 06, 2024 AT 6:30 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Scott Anderson, Councilmembers Chuck Bongiovanni, Bobbi Buchli, Yung Koprowski, Kathy Tilque and Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Police Chief Michael Soelberg, Parks and Recreation Director Robert Carmona, Development Services Director Kyle Mieras, Public Works Director Jessica Marlow, Planner I Sal DiSanto, Assistant Public Works Director Eric Braun, and Office of Management and Budget Director Kelly Pfost AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:57 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE President Jeff Tenney of the Church of Jesus Christ of Latter Day Saints gave the invocation. Councilmember Torgeson led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. 1  PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring February 2024 as Teen Dating Violence Awareness Month. Councilmember Tilque read a proclamation declaring February 2024 as Teen Dating Violence Awareness Month, and presented the proclamation to Kevin Chen, member of the Governor’s Youth Advisory Committee. COMMUNICATIONS FROM CITIZENS Vice Mayor Anderson noted there were 13 speaker cards for this section. He read a statement describing the process for public speaking, including that cards must be submitted prior to the start of the meeting. He discussed the options allowed in statute to the Council regarding responses to public comments. He addressed conduct during public meetings, stating it was essential that the discourse remained respectful and constructive. He said misinformation and personal attacks would undermine collective efforts and did not contribute to the productive dialogue necessary for Gilbert’s progress. He expressed appreciation for everyone’s passion, but said clapping was not acceptable, as it was disruptive to the flow of discussion. He said clapping could also be intimidating to others and cause them to give up their First Amendment right to speak; it would also detract from the respectful atmosphere. We asked all to commit to upholding respect, truth, and civility, then thanked everyone for participating. Councilmember Bongiovanni addressed a public comment made at a prior Council meeting regarding the Office of Digital Government and allegations of the Town engaging in censorship and infringement of employees’ First Amendment rights. He said in 2021 when the allegations were first made, the Town took them seriously and immediately hired an independent firm to do a thorough review of the concerns; information was provided to the audience to access that full investigative report. He said that review found zero merit in nefarious claims; it found the opposite to be true, that the Town was intentional in respecting 2 its employees’ First Amendment rights. He said the report completely exonerated the Town and Office of Digital Government. He added the Town was clear that it would not tolerate divisive, offensive, or culturally insensitive posts from employees claiming to represent the Town. He said Gilbert recognized that the community relied on the Town to share information and engagement opportunities. He restated that the allegations were raised and disproved in 2021, and he was not sure why they resurfaced. He said as a local government, the Town had the responsibility for fair and transparent communication for citizens and also respected the rights of its employees. He said it was an unneeded and unnecessary distraction from the Town’s pressing issues including daunting infrastructure challenges, water resource demands, supply chain disruptions, cost escalation, teen violence, and other issues. He said he would be directing his focus and energy on those issues, then asked the public to join him in moving the community forward. Connor Jarnagan, Gilbert resident, spoke of an incident where he was approached by a group of teens demanding money, then hit in the back of his head with brass knuckles. He discussed his injuries and said when he filed his police report he heard he was the fifth victim at In-N-Out Burger; in his case, an arrest was made. He spoke of meeting other teens who had similar incidents, then advocated in support of the legislation banning brass knuckles, Senate Bill 1183, and asked people to go to nobrassknuckles.org to sign the petition. Bridget Vega, Gilbert resident, spoke of the community applying pressure and demanding transparency and accountability. She asked that an update on teen violence and extending the conversation to law enforcement and school districts be added to the next meeting agenda. She spoke of Jeremiah Aviles and Stephen Jacobo, who were victims in Mesa. She spoke of potential east valley teen violence meetings and a coalition, asking the Council to extend an invitation to other cities. Donald Edwards, not a Gilbert resident, discussed his hiring process and work experience through his retirement from Gilbert Fire Department after 30 years of fire service. He said he retired after retaliation for filing a complaint against his supervisor. He said he was 3 subject to lies, questioning of his professionalism, and harsh and differential treatment. He discussed the process of filing a complaint, stating he was never contacted by the human resources department and no one ever talked to him. He questioned leadership and why the current Fire Chief was hired, stating there was no accountability for management. He said he would continue to come to Council meetings to shed light on the Fire Department. Crystal Kuhlem completed a speaker card, but asked to give her time to Donald Edwards, who was allowed more time to speak. Maureen Hoppe, Gilbert resident, spoke of the agenda item regarding her ethics complaint against Councilmember Torgeson. She said they were being asked to review an investigation that was done without a single piece of evidence, stating the only appropriate action was to table the item until they had reviewed the information. She discussed investigator Sarah Barnes, stating she failed to review all pertinent documents and take proper action to conduct a full, fair, and impartial investigation. She said she attempted to withdraw her complaint after being told she could not provide additional evidence; it was denied by Councilmember Torgeson and the Town. She discussed recently receiving information from JustFOIA requests that provided evidence, but said it could not be added, and the complaint was closed without notice and reason. She said Councilmember Torgeson had shared her personal information with a reporter, as well as Scott Runde and others; she asked Councilmember Torgeson to send her the emails between with Mr. Runde. She said Mr. Runde was responsible for organizing the efforts against Gilbert Digital, then spoke of harassment and how some residents did not feeling safe to speak at Council meetings. She said her complaint was not solely about illegally sharing personal information, but about the information being linked to specific people for the purpose of perpetuating and encouraging harassment. She said Councilmember Torgeson had shared personal information of others as well, then spoke of efforts to inform the Council of these issues and other concerns. On February 5, 2024 at 2:25 p.m., an email was received by Maureen Hoppe, Gilbert resident, to councilmeeting@gilbertaz.gov regarding a previous email she sent on January 23, 2024. 4 The original email was submitted after the deadline of 5:00 p.m. the day before the January 23, 2024 Council meeting. The emails summarized concerns regarding a planned protest on January 23, 2024 that she said could be potentially dangerous and jeopardize her safety. She requested an alternate method to convey concerns regarding Councilmember Torgeson disclosing privileged information and promoting a false narrative around the protest; she then summarized other concerns with the handling of the investigation of her ethics complaint against Councilmember Torgeson. Hoppe also wrote that she was unable to locate the Notice of Possible Town Council Quorum for Vice Mayor Anderson's campaign kickoff party hosted by Councilmember Bongiovanni on January 12, 2024; she requested a copy of the notice and included an article from the Gilbert Sun News dated January 21, 2024 for reference. Steve Lavalle, Gilbert resident, stated all of the documents he had and shared before were obtained by a JustFOIA request from Judicial Watch. He spoke of the Town’s personnel rules regarding the Town Manager serving at the pleasure of the Council in accordance with the Town Code, asking if the Code was to hire based on gender and ethnicity. He discussed hiring practices of the Town, then referenced emails from members of the Digital Department regarding vaccinations and masks and what they labeled misinformation, asking who had the right to decide that. He discussed perception and truth, then gave other examples of emails obtained from the Digital Department through his request. Stacy Lavalle, Gilbert resident, read the words she said were of a former firefighter regarding an experience in 2020 of interviewing firefighter recruit candidates and being told to hire candidates that did not look like them. She read that the firefighter was stunned and previously thought that Gilbert Fire and Rescue did an excellent job recruiting and keeping diversity in mind. The statement indicated that human resources could learn a great deal from Gilbert Fire about diversity recruitment without being divisive, and the Town should hire the most qualified employees, not based on politics. 5 Becky Wyatt, Gilbert resident, stated she watched the public comments from the last Council meeting and was shocked to see a manufactured drama unfold against the Town’s Digital Team, which she said was an asset to the Town. She said the public comments from the last meeting were a very odd blend of concerns of teen bullying and violence, political concerns of spying, and coming for the jobs of 11 Town employees. She asked who was crafting the fear cocktail that the Gilbert Goons and the Digital Team should be tied together in any way. She said it was wild that those with political aspirations were rallying their supporters to take down Town employees and neighbors who did not politically align with them. She spoke of the many ways she, her family, and friends benefitted from the Digital Department and how it would be a disservice to have each department manage their own accounts. Cory Clever, not a Gilbert resident, spoke of an incident at Gilbert Regional Park with his three-year-old child hitting her head on a concrete slide. He said he went down the slide to get to her, and he broke his ankle in three places as a result. He discussed details of his injury and repercussions, then said he submitted a Freedom of Information Act (FOIA) request to see if there had been other incidents there. He said the request provided that the Parks and Recreation Department were made aware of seven injuries on that concrete slide in approximately three years. He said the Parks and Recreation Department were aware and had not acted; now it was public record that the Town Council was made aware of the injuries, and he formally requested that the slide be removed as soon as possible. Lisa and Risa, not Gilbert residents, stated they wanted to speak on inaction. They implored the Council to demonstrate that residents were seen and heard, perhaps by illuminating the Water Tower in orange to acknowledge Preston, Stephen, Jamiere, and all the victims of violence. Risa thanked Councilmember Bongiovanni, Vice Mayor Anderson, and Councilmember Torgeson for attending the walks and fundraisers. She asked everyone to do something in Gilbert, similar to Queen Creek having everything lit in orange for Preston Lord; she asked if everyone could show support for the Lord family. 6 Dan Reynolds, Gilbert resident, stated he was a resident and former employee. He said he was not a disgruntled employee and loved working for Gilbert, but he was a disgruntled citizen. He shared messages from members of the Digital Department regarding the wearing of masks and an employee, “Josh”, stating the Town was watching his social media posts. He also spoke of “Josh” being asked by a neighboring fire department to participate in a podcast, adding it was approved by that fire department, but then the Gilbert Chief asked them not to air that podcast. Rebecca Mejia, Gilbert resident, discussed moving to Gilbert and her family. She said she did not want those doing good to be forgotten. She discussed participation in Parks and Recreation services, then discussed Gilbert being a diverse community. She noted events and causes supported by Gilbert, stating they made Gilbert feel like home. She spoke of the different accolades and functions of the Digital Team and provided examples of their efforts to engage the community, asking why would you get rid of one of Gilbert’s lines of communication. She noted an investigation had been done already and those calling for resignations were being short-sided. Ann Doucette, Gilbert resident, discussed community and the power of empathy. She referenced a Mesa Council meeting where a mother spoke about her son, Jeremiah, then spoke of how people often deflected problems by stating it was due to parenting issues. She spoke of grief and asked if the community would rally around those grieving, adding action must be taken to advocate for the rights of victims. Police Chief Soelberg thanked Connor Jarangan for speaking at the meeting and for his efforts to provide solutions. He provided an update, stating Gilbert made 22 arrest in January alone on teen violence cases, including six arrests during the past week. He said the arrests were made based on information received from the community and thanked them for their continued support. He said more arrests would be made and they would continue to provide updates. 7 CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Tilque, to approve Consent Items 2, 3, 4, 5, 6, 8, 9, 10, 12, 13, 15, 16, and 17; and remove Items 7, 11, and 14 from the Consent Calendar. Motion carried 7-0. 2. AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 324000188 with Universal Police Supply utilizing Pinal County Cooperative Purchasing Contract No. 190424 in an amount not to exceed $240,000 for two (2) fiscal years pending annual budget approval for Police uniform items and equipment; and b) expenditures under Contract No. 324000188 with Universal Police Supply in an amount not to exceed $120,000 per fiscal year for the Police uniform items and equipment, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 3. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000207 with Metro Fire Equipment, Inc., dba Metro Fire & Security, utilizing the City of Mesa Cooperative Purchasing Contract No. 2024003 in an amount not to exceed $90,000 annually for five-years with a total amount not to exceed $450,000 for Fire Protection Equipment and Repairs, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 4. AGREEMENT – consider approval of Agreement for Professional Consulting Services Contract No. 324000214 with J2 Engineering and Environmental Design, LLC in an amount not to exceed $158,694 for the Urban Lakes Renovation, Project No. PR0570, and authorize the Mayor to execute the required documents. 8 This item was approved with the Consent Calendar vote. 5. CONTRACT – consider approval of: a) Project Management/Construction Management (PM/CM) Services Contract for Design- Build (DB) Contract No. 324000055 with Elevated Design Studio, LLC in an amount not to exceed $980,390 for the North Area Service Center (NASC) Fuel Facility, CIP Project No. MF2440; b) Design-Build Service Contract No. 324000056 with CORE Construction, Inc. in an amount not to exceed $914,576 for the North Area Service Center (NASC) Fuel Facility, CIP Project No. MF2440, and authorize the Mayor to execute the required documents; and c) FY 2024 CIP Contingency with General Fund as the designated funding source in the amount of $1,894,968. This item was approved with the Consent Calendar vote. 6. CONTRACT – consider approval of the Guaranteed Maximum Price (GMP) No. 1 to Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000161 with Nesbitt Contracting Co., Inc., in an amount not to exceed $1,246,248.89 for the Mesquite Street, Lindsay to Val Vista, and KA-LO Park Improvements, CIP Project Nos. ST1620 and ST2117, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Construction-Manager-at-Risk (CM@R) Project Contract No. 324000043 with Abacus PM, LLC in an amount not to exceed $2,891,211 for Desert Sky Park Phase 2, Project No. PR1322, and authorize the Mayor to execute the required documents. 9 Councilmember Torgeson asked for a presentation to discuss how the project was being funded. Parks and Recreation Director Carmona stated that Desert Sky Park Phase 2 was for the design of the park and was funded in the Fiscal Year (FY) 2024 budget process. He added the construction funding was unidentified at that time and the design process would allow them to gather cost estimation and possibly divide into future phases based on available funding and feedback from the community engagement process. Councilmember Torgeson stated he assumed that would be the same for item 11. Director Carmona stated that he was correct. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Koprowski, to approve Items 7 and 11. Motion carried 7-0. 8. CONTRACT – consider approval of Job Order No. 09 to Job Order Contract (JOC) Contract No. 320000232 with MGC Contractors, Inc. (MGC) in an amount not to exceed $3,127,631.27 for Well Site 39 and Well Development- Gabriella Pointe, Phase 1, CIP Project No. WA1612, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. CONTRACT – consider approval of: a) Project Management/Construction Management (PM/CM) Services Contract for Design- Bid-Build (DBB) Project Contract No. 324000196 with Consultant Engineering, Inc., in an amount not to exceed $361,200 for the Higley Road – North of Elliot, CIP Project No. ST1830, and authorize the Mayor to execute the required documents; and b) CIP Contingency with MAG Revolving Fund as the designated funding source in the amount of $175,000. 10 This item was approved with the Consent Calendar vote. 10. CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000226 with Stanley Consultants, Inc., in an amount not to exceed $348,018 for the Site 33 Well Development, CIP Project No. WA0800, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. CONTRACT – consider approval of Architectural/Engineering (A/E) Service Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000045 with Dig Studio in an amount not to exceed $4,998,935 for the Gilbert Regional Park Phase II & III, Project No. PR1321, and authorize the Mayor to execute the required documents. This item was approved with Item 7. 12. CONTRACT – consider approval of: a) Guaranteed Maximum Price (GMP) No. 1 to Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000176 with Haydon Building Corp. in an amount not to exceed $23,135,745.13 for the Val Vista Lakes Improvements, Phase I, CIP Project No. ST1720; b) Project Management/Construction Management (PM/CM) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 323000162 with Tristar Engineering and Management in an amount not to exceed $1,379,422.50 for the Val Vista Lakes Improvements, Phase I, CIP Project No. ST1720; 11 c) Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 323000465 with NFra Inc., in an amount not to exceed $1,751,485 for Val Vista Lakes Improvements, Phase II, CIP Project No. ST1720; d) Agreement for Professional Consulting Services Agreement No. 324000234 with Integer Consulting LLC., in an amount not to exceed $130,500 for Materials Testing, CIP Project No. ST1720, and authorize the Mayor to execute the required documents; e) FY 2024 CIP Contingency with Water Replacement Fund as the designated funding source in the amount of $2,131,900; and f) FY 2024 CIP Contingency with 2022 General Obligation (GO) Bonds as the designated funding source in the amount of $8,107,000. This item was approved with the Consent Calendar vote. 13. BUDGET - consider approval of General Fund contingency in the amount of $150,000 to develop and fund a utility bill discount pilot program. This item was approved with the Consent Calendar vote. 14. GRANT – consider adoption of: a) Resolution No. 4437 supporting the application, acceptance and administration of a grant, Contract No. 324000231 from the U.S. Department of Transportation (USDOT) Rebuilding American Infrastructure with Sustainability and Equity (RAISE) for the study and design of a grade-separated pedestrian crossing of the Union Pacific Railroad (UPRR) along the Ash Street alignment in the Heritage District, and authorize the Mayor to execute the required documents; and b) CIP contingency with 2022 Transportation Bonds as the designated funding source in the amount of $400,000 if the grant is awarded. 12 Councilmember Torgeson stated he wanted to confirm what strings were attached to the grants with RAISE and USDOT for the funding of the project. Town Engineer Struble explained that the grant was for a pedestrian way at the Water Tower Way called the Veterans Memorial Bridge. The aspect of the grant were they had to provide a 20% match based on the total estimated project cost and they were only looking at the design cost with the grant. She said they would follow all rules guiding the use of federal money, and they may enter into an Intergovernmental Agreement (IGA) with the Arizona Department of Transportation (ADOT) to ensure they were in compliance and the project would be under construction within ten years. Councilmember Torgeson asked if there were any other performance requirements with the grant, such as if they did not perform there would be a problem. Town Engineer Struble stated that the IGA would have the language to address that and it would be brought to the Council for review. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to approve Item 14. Motion carried 7-0. Resolution No. 4437 was adopted. 15. FINAL PLAT S21-05 - consider approval of the final plat for Cottage Lane, located approximately 600 feet north of the northwest corner of Greenfield Road and Mesquite Street. This item was approved with the Consent Calendar vote. 16. ELECTIONS - consider: a) adoption of Resolution No. 4438 designating the election date and purpose, deadline for voter registration, last date for candidates to file nomination papers, and establishing responsibility for securing polling places for the Fall 2024 Election cycle; and b) authorizing the Town Clerk to execute the menu of services with Maricopa County Elections for a polling place election for the county-wide consolidated election. 13 This item was approved with the Consent Calendar vote. Resolution No. 4438 was adopted. 17. MINUTES – consider approval of the minutes of the Regular Meetings of January 9, 2024 and January 23, 2024; the Special Meetings of January 23, 2024; and the Study Session of January 23, 2024. This item was approved with the Consent Calendar vote. PUBLIC HEARING 18. ANNEXATION A22-04 – consider adoption of Ordinance No. 2892 approving the annexation of approximately 2.7 acres located at the southeast corner of Lindsay Road and Lexington Street. A public hearing was held on April 4, 2023. Mayor Peterson opened the public hearing for Items 18 and 19. Development Services Director Mieras gave an introduction to the cases and thanked Ms. Schuh and her sister for working with them to come up with solutions to some of the challenges with the project. Public Works Director Marlow discussed the background of the Lindsay Road and Lexington Road projects. She shared a PowerPoint that covered Project ST1170. She shared the property appraisal for the right-of-way and discussed some improvements made to the property that added value and prepared it for future Commercial development. Planner I DiSanto continued with the PowerPoint and discussed the planning application and the location of the property. He then discussed the three applications on the property, the proposed annexation, the proposed general plan amendment, and the proposed rezoning of 2.7 acres. He shared the general plan, the traffic circulation study, the development standards for the project, and public participation. He finished with the recommendation from the Planning Commission. 14 Development Services Director Mieras discussed the updated condition of the right- of-way. He added that the Council's packets were updated with the new language removing the 40- foot right-of-way dedication, then added the applicant shall be responsible for dedication to Gilbert for the 30-foot on Lexington Street right-of-way on the subject side. He added that an agreement was made with Ms. Schuh that any additional right-of-way of Lexington would be purchased by the Town in accordance with the zoning exhibit. Councilmember Koprowski wanted clarification on the history of the centerline of Lexington that came up in the recent discovery. Director Mieras explained that when Rivulon went in it had a wider right-of-way and the centerline shifted to the south, and when Lexington was measured the southern center line was used. He added that the change pushed the right- of-way further into the property. Gina Schuh, Gilbert resident, spoke as the applicant and thanked the Town for working with her. She said she felt very relieved and grateful. Mayor Peterson closed the public hearing for Items 18 and 19. Councilmember Tilque thanked staff, Gina, and her sister for working together. A MOTION was made by Councilmember Tilque, seconded by Councilmember Torgeson, to approve Item 18. Motion carried 7-0. Ordinance No. 2892 was adopted. 19. GENERAL PLAN GP22-15/ ZONING Z22-15 – conduct hearing and consider: a. adoption of Resolution No. 4439 approving a Minor General Plan amendment for SEC of Lindsay and Lexington to change the land use classification of approximately 2.7 acres located at the southeast corner of Lindsay Road and Lexington Street from General Office (GO) to General Commercial (GC); and 15 b. approval of the findings and adoption of Ordinance No. 2893 for SEC of Lindsay and Lexington to rezone approximately 2.7 acres generally located at the southeast corner of Lindsay Road and Lexington Street from the Town of Gilbert Single Family - 43 (SF-43) (Maricopa County RU-43) zoning district to the Town of Gilbert General Commercial (GC) zoning district. A MOTION was made by Councilmember Tilque, seconded by Councilmember Buchli, to approve item 19 General Plan GP22-15 and Zoning Z22-15, with the following stipulation: The applicant shall be responsible for dedication to Gilbert for the 30-foot Lexington Street right-of-way on the subject site as depicted in 2000-0733370 MCR (30’). Any additional right-of-way required for the new alignment shall be purchased by the Town in accordance with Attachment 5b – Exhibit 2 – Zoning Exhibit, and it replaces condition A. Motion carried 7-0. Resolution No. 4439 and Ordinance No. 2893 were adopted. 20. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4440 approving the acquisition of right-of-way and required easements for Parcel No's. 304- 72-045N, 304-72-046G and 313-18-138 for Appleby Road 148th Street to Layton Lakes Boulevard, Project No. ST2111. Mayor Peterson opened the public hearing for Items 20 and 21. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Items 20 and 21. Motion carried 7-0. Resolution No. 4440 was adopted for Item 20. 21. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4441 approving the acquisition of right-of-way and required easements for Parcel No. 304- 97-047 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060, for the negotiated amount of $54,089.99. This item was approved with Item 20. Resolution No. 4441 was adopted for Item 21. 16 22. FEES – consider adoption of Resolution No. 4442 increasing fees for water rates and fees effective with billings generated after March 31, 2024. Mayor Peterson opened the public hearing for Items 22, 23, and 24. Assistant Public Works Director Braun presented and shared the four points of the financial cornerstones of how they planned and paid for utility services. He explained they did not cross-subsidize utilities or other government services, that growth paid for growth and were not subsidized by rates, they maintained a minimum level of financial flexibility, and they protected their credit rating to ensure lowest borrowing costs when needed. He focused on Water and Solid Waste and Recycling, stating the volume of trash and the cost to dispose of it had risen significantly on a per-customer basis. He added that the trucks cost over a half million dollars each, and the cost to keep an aging fleet running skyrocketed, but service required them to continue despite those pressures. He stated the rate proposal helped bring that into balance and discussed the increase in rates for solid waste and recycling for Residential and Commercial customers. He discussed water and the impact water service would have on a community, including three factors that drove the need for water revenue, and the Colorado River shortage strategy with the additional measures being taken to provide water certainty. He explained how inflation in the construction market was the cause for construction increases with the North Area Water Treatment Plant, and how they prioritized water projects to reduce the financial impact on the community. He shared their outreach activities with the community and what was heard at those meetings, then gave a recap of the rate process steps they followed. He concluded with the staff request that the Council approve the three resolutions for solid waste and recycling, water rates, and fees. Councilmember Tilque stated that she and Assistant Public Works Director Braun had received emails from residents concerned with being able to pay their water bill. She said that they would be reaching out to them regarding financial opportunities that the Town may have to help them with their water bill. 17 Councilmember Torgeson asked for clarification regarding the Fiscal Year 2023 projected 14-million-dollar deficit for the Water Fund. Office of Management and Budget Director Pfost stated that it was a planned use of 13 million more than the revenues for that year and they would use revenues from the prior year’s fund balance for one-time projects, which was why there would be more expenditure than revenue planned for that year. Councilmember Torgeson asked if it was projected to be positive one million dollars. Office of Management and Budget Director Pfost said yes. Councilmember Torgeson asked about the fluctuation of the million gallons per day productivity and output per full-time employee. Assistant Public Works Director Braun explained that water production was not the only thing the employees did, they also delivered the water and maintained the system. He said the system was ever expanding to meet the needs of additional customers, and the maintenance for that would not be reflected in the production of an employee per million gallons of water. Councilmember Bongiovanni asked if the Town made a profit when residents were charged for water or solid waste and recycling; Assistant Director Braun stated no. Councilmember Bongiovanni asked if other cities charged more than what it cost to provide services to supplement other needs those cities may have; Assistant Director Braun stated yes. Vice Mayor Anderson stated the most common email he received asked why had they not forecasted this to avoid the rate increases. He then asked Assistant Public Works Director Braun if he would list some items they would have had to know to forecast what was going to happen; Assistant Director Braun stated they would have had to know the commodities market for nickel internationally, the Colorado River conditions, the security of Hydrology on the river, and the condition of the NWTP; he added that they could not have known that the construction market would erupt. Vice Mayor Anderson added that they would not have known the locations or severity of forest fires that were affecting the water quality; Assistant Director Braun agreed that the incoming water quality affected the way the plant could treat that water. 18 Mayor Peterson stated that in 2018 they lowered fees, but if they had a way to look forward, they probably would not have lowered fees, because it made it difficult to raise fees. She added that no one remembered when fees were lowered but they remembered when they were increased, and in 2020 they decided to review fees every two years so it would not get out of hand. She stated they did not know they would have faced the things they faced today, and the Town of Gilbert was a business and the Towns’ costs had increased as well. Councilmember Buchli stated she thought the treatment plant was at the end of its life, and when she toured the water plant, she saw cracks in the concrete. She added that the quality of the water the Town received from the Salt River was not as clean as it used to be, and it cost more to clean the water to ensure potable water was available to everyone. She added that the NWTP project was where the money was going and they needed that infrastructure to deliver water to everyone. Joseph Bessler, Gilbert resident, stated since 2021 his rate had gone up 34.9 percent, and with the increase for 2024, it would go up by $25 dollars. He said that over the next couple of years it would go up an additional $50 dollars, bringing the total increase to 114% since 2021. He added that Gilbert had continued to expand residential buildings, putting more burden on the existing water system, and asked why he was responsible for subsidizing that out-of-control growth. He said he would like to see a moratorium on growth in the Town to give the utility department time to catch up. He said he did not mind a reasonable increase, and he asked Council to go back to the drawing board with the budget and try to find money from somewhere else to subsidize the utility costs if that was allowed. He looked forward to information that would help him out with his fixed income. Ed Weaver, Gilbert resident, voiced his disapproval of the increase. He discussed a survey done by Willmeng that recommended an increase to go from $24.73 to $32.75, and that study showed profitability down the road. He said months later they were asking for another $8.52, and he wanted to know why. He spoke of being on a fixed income and said it was sad when seniors had to make choices whether they should take a shower daily or not. John Calleja, Gilbert resident, completed a card, but chose not to speak. 19 Mayor Peterson closed the public hearing for Items 22, 23, and 24. Vice Mayor Anderson asked Town Manager Banger to explain the concept of Enterprise funds. Town Manager Banger stated that Enterprise Funds were set up in a segregated separate fund from the General Fund. He added the General Fund was supported by sales tax generated within the community and as state shared income they received to provide for general government services. He added the enterprises or service lines withing Gilbert’s Enterprise Funds were set up as stand-alone entities, similar to the way a private business would be, that the revenues generated by that service line paid for the costs and they had no profit margin built in. It was mentioned during the conversation that some cities did pull additional revenues from their Enterprise Funds, but Gilbert did not. He noted Gilbert’s credit rating and those funds had a rating that was separate from the Town’s General credit rating for their general obligation debt, and that credit rating was assessed solely on the sustainability, the viability of the fund itself. He added for water, they would analyze their revenues and see that the Town was taking steps and making decisions to ensure the fund was self-supporting to provide for the operations, treatment, and delivery of that water. He said if they were to subsidize that from other sources, it would be subject to annual appropriations and potentially downgrade Gilbert’s credit rating because of the volatility of a Council making that decision to make a transfer each year. He stated if it were a tight budget year or they entered a recessionary environment where their revenues fell and there were not enough funds to make a transfer, it would put that individual fund at risk. He added that would result in a hit to the credit rating, then if they went to the debt market to issue bonds for capital projects, would pay more in interest as a result. Councilmember Koprowski asked for an explanation on how the expansion of NWTP was being paid for by System Development Fees (SDF) funds, which were paid for by new development. Office of Management and Budget Director Pfost said with the NWTP there were different funding sources used; for the replacement of existing infrastructure they used the Repair and Replacement Fund. She said for the expansion of the additional water capacity, they used the growth related fundings which were System Development Fees, or called impact fees, in other places. She added that new residents and businesses building 20 within Gilbert paid a fee, and that was what was used to offset that cost so that existing residents in their water bills were not paying for the expanded growth. Councilmember Koprowski asked for an explanation on how they were trying to balance the needs and getting the revenues from the appropriate sources. Office of Management and Budget Director Pfost explained that there was a study required with the SDF fees to make sure all growth- related costs were looked at and that the infrastructure would maintain the same level of service as their existing residents, so it could not be higher. She said that it was calculated so that growth paid for growth and that increase was 80% on the System Development Fee side for a single-family resident, and the total growth-related fee for a single-family home was twenty thousand dollars, and it would increase to thirty-six thousand dollars. She added that those were things they balanced to protect existing residents, and it was not built into the fees they paid for water or trash service, that impact was part of what they paid when they built their home and moved to Gilbert. Mayor Peterson stated that the Council had voted for the Town to take an $80 million bond to cover those costs, so residents were not shouldering those costs on their own. Office of Management and Budget Director Pfost said it would help with the cash flow planned in the five-year period, and it was built into the plan with the rate study. She stated they were not anticipating issuing those bonds for a couple of years, and they would be using the bonds that were currently outstanding, which would be repaid with the rate revenue over time, and hopefully construction costs would come done where they would need less bond in the future. Mayor Peterson said that was why the Council chose to review rates every couple of years to stay on top of things, and they had lowered rates in the past when they had the opportunity. Councilmember Torgeson stated he was not thrilled about it and that he would also be paying an awful lot. He said he looked at it and could not find anything unreasonable about it, then said no one on the dais was immune to it. Mayor Peterson stated there had been a prior request to delay implementation for homeowners associations (HOAs), but there was no way for the Town to legally treat one group differently than another. 21 A MOTION was made by Councilmember Koprowski, seconded by Councilmember Tilque, to approve Items 22, 23, and 24. Motion carried 7-0. Resolution No. 4442 was adopted for Item 22. 23. FEES – consider adoption of Resolution No. 4443 increasing fees for Residential Solid Waste & Recycling rates and fees effective with billings generated after March 31, 2024. This item was approved with Items 22 and 24. Resolution No. 4443 was adopted for Item 23. 24. FEES – consider adoption of Resolution No. 4444 increasing fees for Commercial Solid Waste & Recycling rates and fees effective with billings generated after March 31, 2024. This item was approved with Items 22 and 23. Resolution No. 4444 was adopted for Item 24. ADMINISTRATIVE ITEMS 25. Discussion and possible action related to a status update from the Council Subcommittee on Teen Violence. Vice Mayor Anderson stated he hoped the group attending the meeting earlier would have stayed to hear the update. He said the Subcommittee on Teen Violence met the week prior, then discussed the information that was provided at that time, including six different programs currently provided by the Town that addressed teens. He discussed touring schools with Student Resource Officers (SROs), stating he heard tangible things that could be considered, including the idea of additional SRO to be a rover to cover gaps, as well as hearing about high turnover for those positions. He noted much of the community’s feedback was how the Town needed to work with the schools. Mayor Peterson asked which schools Vice Mayor Anderson had visited. Vice Mayor Anderson stated he went to Mesquite Junior High and Mesquite, Gilbert, and Highland High Schools, as well as the Gilbert Public School’s 22 security office. He voiced concerns that the Subcommittee was doing many things that were not seen by the public, then suggested maybe they could work on a stated plan with actions that could be brought back to the Council for approval. Councilmember Koprowski said she was impressed with the infrastructure for the security of Gilbert Public Schools, then discussed being community partners in those efforts, despite their recent bond not passing. Mayor Peterson agreed, discussing efforts made to install that infrastructure. Mayor Peterson and Vice Mayor Anderson noted the special relationships SROs had with students. Councilmember Bongiovanni said the Town would be using data from the Arizona Youth Survey (AYS), as it would include much of the information they were seeking and would be faster than building their own survey. He noted NoBrassKnuckles.org, asking for support of the public to sign that petition. He said he was working on putting together some workshops; if people had a topic they would like to discuss with other parents, please email him regarding topics those and speakers. He said the first one being considered was regarding social media and hearing from an individual who had been in a gang about his experience with his parents. He mentioned the public was invited to the Subcommittee meetings, but said he would invite other cities’ councilmembers. Mayor Peterson noted she had signed the petition, then said she believed a suggestion made by someone in the audience was to form an east valley coalition, then said members could not be added to the Subcommittee. Councilmember Tilque confirmed that the survey would include charter schools as well. Councilmember Bongiovanni stated they were working on that effort, but had not had much success yet. Councilmember Torgeson stated some charter schools indicated they may participate in the survey. Councilmember Torgeson spoke of the pain of the parents of victims, then acknowledged that no one was immune to those feelings. He said the kids and parents were thought of, and he thought something good could come from it. 23 Councilmember Bongiovanni spoke of the power of the Gilbert community and of appreciation for the tips and ideas that were received, then thanked school superintendents for including them with the survey. Councilmember Tilque discussed criticism of how the Council had reacted, then spoke of the desire of the Council to have a long-term plan to not only address the issues now, but make sure they did not happen again. She spoke of the need for the media to become a partner to get information out to the public, not to be breaking stories and then not being present to hear the reports from the Town. She spoke of the need to make parents and kids feel comfortable and safe speaking up, adding it saddened her that a tragedy created an environment where people felt they had to do something, instead of coming forward because it was the right thing to do. She acknowledged victims who were afraid to speak up, then asked how could you protect them if you did not know. Vice Mayor Anderson stated he agreed; he said what the Subcommittee was doing was tactical and more short-term, but at some point a task force may need to be involved for the long-term. Mayor Peterson said she was proud of the Council for coming together to make a statement, noting the Council did not have the information that the community had going into the December 12th Council meeting. She spoke of being accused of not attending events that she did not know about, including a walk in Chandler that she found out about after the fact. She asked the Subcommittee members to share information on events with the rest of the Council. She said she was sad to see the hate in the community over the issue, adding it should bring the community together by working through it. She said hate was being used to combat violence, and it had gone from a teen situation to an adult bullying situation. She said the Subcommittee had hit the ground running and people were attending those meetings, unlike in the past with other Subcommittees. She said they could not put a plan together until they had data, which is what they were working on; then said there needed to be a way to come out of the hate and to stop weaponizing social media in the community to beat each other up metaphorically. Councilmember Bongiovanni gave his commitment to share event information when he heard of something. 24 25A. 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. Councilmember Tilque noted this complaint was filed under the new process, mediation was held, and it was sent to an outside attorney to review. Town Attorney Payne stated the outside investigator found there no ethical violation was found. Councilmember Koprowski discussed the numerous ethical violations that she said highlighted the need for the Council to look at how they conducted themselves in public service. She stated she did not believe the investigation was done well, and she preferred to take no action. She added she did not think the current ethic process was working and wanted to be able to focus on the critical issues the Town faced. She noted that no one on the Council had prior experience as an elected official before joining the Council. She said it was challenging, with a steep learning curve, and noted the expectation of quickly adapting to expectations and responsibilities that those roles required. She pointed out that Councilmember Torgeson was human and that making mistakes was a part of learning and developing; the key was to own up to those mistakes and try to do better. She added that the mediation training that the Council had completed had helped with their interactions with each other and the public, allowing them to work better for the Town. She went on to say that although there had been progress, there was still a need for them to be conscious of what they were doing and to keep working towards improvement, and their obligation was to uphold the community's respect and trust by acting with integrity, honesty, and determination. She said as they moved forward, it would be with professionalism and respect, and she thought the meeting highlighted the Council’s growth and diligent efforts to comprehend critical community issues, enabling them to make informed decisions for the Town. Councilmember Tilque discussed the following three actions that Council could take regarding handling of the complaint: accept the report as presented, take no action, or reject the report. She then clarified what taking no action meant for the Council. 25 Town Attorney Payne informed the Council they could accept the report and recommendations, send it back to investigator, make their own findings, or dismiss the complaint and take any other action. He said those would be motions that would have to be seconded and voted on, or the alternative would be to take no action and it would be dismissed with prejudice. Mayor Peterson stated that with their last ethics complaint she was not comfortable with how it was handled from the investigation to the evaluation. She added that the ethics complaint process was broken and that it had been weaponized, adding she was disappointed by how it had been used over the years and she was fine with taking no action on the complaint. The consensus of the Council was to take no action, which would allow the complaint to be dismissed. 25B. Discussion and possible action related to support of Senate Bill (SB) 1183 Brass Knuckles Prohibition Weapons Bill. Councilmember Bongiovanni acknowledged Connor Jarnagan for speaking on the subject, then said his hope was that they would all agree as a Council to support SB1183. Mayor Peterson stated the Town and community already supported the bill, then asked what the requested action was. Councilmember Bongiovanni said he would like an official vote that the Council supported the bill. A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Buchli, to support SB1183, the Brass Knuckles Prohibition Weapons Bill. Motion carried 7-0. POLICY ITEMS None. FUTURE MEETINGS 26 No discussion. COMMUNICATIONS Report from the TOWN MANAGER. Town Manager Banger recognized staff for their work on the Lexington Road Annexation Rezone project and said he was pleased with the fair solution. He spoke of the rates and said it was a two-year process and challenging issue. He spoke of the importance of balancing the impact on the community and securing a safe and reliable water supply. He said the right decision was seldom an easy decision and thanked the Council, public, and staff for working together on the issue. Report from the COUNCIL. Councilmember Bongiovanni thanked Police Chief Soelberg and the Police Department for the efforts and arrests they had made. He said the Pickleball Palooza Tournament would be held at Gilbert Regional Park on February 17, 2024. He said the Gilbert Outdoor Expo would be held at the Riparian Preserve on February 24, 2024, and discussed the activities of the event. Councilmember Buchli commented that the Council was free of ethics complaints as of that night. She provided updates on Tourism and said Phoenix Sky Harbor Airport landed their first ever non-stop flight from Phoenix to Paris. She said Air France was committed to bringing French visitors to Arizona multiple times per week and carrying passengers there. She said marketing organizations would work collaboratively to keep demand for the flights and to grow the market. She said Phoenix-Mesa Gateway Airport would debut a five-gate, 30,000 square foot addition to their terminal on February 20, 2024. She said the new South Concourse would replace the temporary portable building previously used. 27 Councilmember Koprowski said the Gilbert Symphony Orchestra would have a concert for the Town’s belated 100th birthday celebration on February 7, 2024. She stated the concert would be one of the first dementia-friendly events in the Town and discussed the details of the itinerary. She said the orchestra was composed of all volunteers of over 75 dedicated members. Councilmember Torgeson offered to make donations towards Gilbert Symphony Orchestra if something was needed. He said he attended an event called Preston’s Pursuit for Acceptance (PPA) and said he wanted to allow the Mayor to speak about it. He mentioned the names of Councilmembers and Town staff who attended and said he wanted to acknowledge the empathy and care that he witnessed. Report from the MAYOR. Mayor Peterson spoke about Preston’s Pursuit for Acceptance (PPA) and said Preston was the son of a Gilbert Police Department lieutenant who was diagnosed with autism. She said the lieutenant and his wife started the non-profit organization to provide autism training to first responders. She spoke about Preston and discussed the fundraising kick-off event. She spoke of support towards the mental and emotional health of public safety members and discussed the recharge room at Public Safety Training Facility to provide health and well- being to sworn and professional members of public safety. She said a new Emergency Operations Center was opened on February 5, 2024, and spoke of the commitment to keep up with technology and space needs to provide public safety members with tools and resources needed to serve the community. She said a Community Wide Food Drive was taking place from February 12, 2024 through February 26, 2024. She noted a Community Needs Assessment Survey was being done and encouraged everyone to participate in the survey by February 16, 2024. ADJOURN Mayor Peterson adjourned the meeting at 10:21 p.m. 28  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 6th day of February, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2024. ___________________________________ Chaveli Herrera, Town Clerk 29