Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY APRIL 02, 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, Chief People Officer Nathan Williams, Total Rewards Manager Shawn Irula AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:37 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Sheri Candland, Stake Relief Society President of the Gilbert Stake in the Church of Latter-Day Saints gave the invocation. Councilmember Koprowski led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. 1 PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring April 2024 as Autism Awareness. Councilmember Bongiovanni read a proclamation declaring April 2024 as Autism Awareness Month and presented the proclamation to Members of the Clerk’s Office, Parks and Recreation, Police Department, and Fire Department. 2. PROCLAMATION - Proclamation declaring April 2024 as National Volunteer Month. Mayor Peterson read a proclamation declaring April 2024 as National Volunteer Month and presented the proclamation to members of boards and commissions in attendance. The volunteers received a card and lapel pin. 3. PROCLAMATION - Proclamation declaring April 2024 as Fair Housing Month. Councilmember Buchli read a proclamation declaring April 2024 as Fair Housing Month and presented the proclamation to Community Resource Program Supervisor Linda Ayres. 4. PROCLAMATION - Proclamation declaring April 2024 as Water Wise Month. Vice Mayor Anderson read a proclamation declaring April 2024 as Water Wise Month and presented the proclamation to Water Resources and Conservation Coordinator Jeremiah Churchill. He spoke about the commitment that Home Owner Associations (HOA), businesses, churches and parks made to help use water efficiently in the Town of Gilbert. He thanked everyone in attendance for their commitment and shared a presentation with the names of the members who participated in the program. COMMUNICATIONS FROM CITIZENS 2 Casey Kendel, Gilbert resident, advocated for the preservation of the Clare House, also known as Bergie’s. He said the historic building was slated to be demolished and replaced with a new structure and- had never been officially registered as a historical site. He urgently called for action to relocate the Clare House to HD South, approximately half a mile away, at an estimated cost of $135,000. He said the goal was to ensure its safe viewing and maintenance. He announced donations for the cause could be made at HD South’s website by selecting the option to donate specifically to the Clare House. Bridget Vega, Gilbert resident, said it had been five months since the murder of Preston Lord. She stated since the Subcommittee on Teen Violence had come to an end, it was time to enact Connor Jarnagan’s No Brass Knuckles law by enacting an ordinance. She then discussed concerns about preferential treatment given to the administration at Perry High School and asked for an internal investigation. She asked for a moment of silence for Preston Lord and the teens who had been assaulted and youths who had been murdered due to senseless acts of violence. Susie Jackson, Gilbert resident, expressed gratitude for the community’s unity in supporting Preston Lord’s family and acknowledging the impact of violence on the community. Speaking on behalf of her friend Kim Hansen, whose daughter was murdered near the San Tan Valley Mall, she highlighted the disparity in support they received. She said as an adoptive and foster family, they found the stories of the Gilbert Goons concerning. She urged the Council to investigate the case, hold the Police Department accountable, and ensure true safety for the community. Stacy Lavalle, Gilbert resident, raised concerns about the Town’s problems. She highlighted unethical practices, employee targeting by upper management, and employee surveillance by the digital media team. She stated that during a conversation, they were advised her husband should speak with less passion to increase the likelihood of the Council being 3 receptive to his message. She also discussed her husband’s passion for his career and his subsequent paid administrative leave and termination. Steve Lavalle, Gilbert resident, raised concerns regarding the candidate selection of the Fire Chief and the human resources practices of the Gilbert Fire Department. He spoke of a specific incident being posted on the Town’s website and the disciplinary action that followed. He then discussed N-95 masks in terms of stock, handling, and policies during the pandemic. He stated he would continue to bring up these issues until changes were made by the Town. Christine Accurso, Gilbert resident, stated she watched the Study Session on the Office of Digital Government and decided to come to speak. She said it was important to not only mention the accolades but also the training that the office took. She spoke of the water tower lighting and asked that the topic be brought to the Council to vote on. She said she was disappointed in the disrespect of Mayor Peterson’s comment toward another Councilmember. She added that the Office of Digital Government should be benign to politics. Kristine Brennan, Gilbert resident, urged the Council to consider the safety and well-being of the youth by enacting a measure to ban the possession and sale of brass knuckles to individuals under the age of 18. She stated it was Connor Jarnagan’s bill that he was asking them to approve and stated brass knuckles were dangerous weapons that could cause serious harm in the wrong hands, and they had no use other than to intimidate and harm other people. She spoke in disagreement with measures to limit public comment. She said they must not stifle the democratic process by restricting public participation but should seek ways to enhance the effectiveness of their meetings while allowing community members to express their concerns and ideas. She added that she was embarrassed by the comment the Mayor made in the Study Session and asked the Mayor to do more for the youth. 4 Angela Rogers, Gilbert resident, thanked the Councilmembers who worked with the public on the Teen Violence Subcommittee. She said when concerns and grievances of residents were overlooked or silenced it did not stop the discontent, it only amplified it. She spoke of anger being a catalyst for growth and urged the Council to engage more openly with their residents. She said they had submitted a proposal and hoped the Council would consider it, then spoke in support of the brass knuckles ban. Police Chief Soelberg reported on a recent opportunity to participate in a recent walk. He spoke of Preston Lord’s death and said they would continue to work together to create meaningful and long lasting solutions. He noted that the public had provided recommendations and allowed the Town to learn from the community. He said they were committed to build and strengthen their partnership with law enforcement, schools, parents, and businesses to support their youth. He said the Gilbert Goons investigation was still active, then said they had made two additional arrests for a total of 29. CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Bongiovanni, to approve Consent Items 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 27; and remove Items 9 and 26 from the Consent Calendar. Motion carried 7-0. 5. AGREEMENT – consider approval of Cooperative Purchase Contract No. 324000275 with SeaWestern Inc., utilizing League of Oregon Cities Cooperative Purchasing Contract No. PS20065, in an amount not to exceed $500,000 annually for the purchase of firefighting personal protective equipment (PPE), including firefighting turnouts, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 5 6. AGREEMENT – consider approval of Agreement for Services Agreement No. 324000292 with Swift Group, LLC in an amount not to exceed $140,173.41 for Genesis Extrication Equipment and Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000293 with Bound Tree Medical, LLC, utilizing City of Chandler Cooperative Purchasing Contract No. FD4-345-4690, in an amount not to exceed $500,000 annually for Fire Emergency Medical Supplies, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 8. AGREEMENT – consider approval of Agreement for Professional Consulting Services Contract No. 324000290 with Black and Veatch Corporation in an amount not to exceed $109,190 for the Uni-Directional Flushing Program, Project No. WA1651, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 9. AGREEMENT – consider approval of Agreement for Professional Consulting Services Agreement No. 324000261 with Burgess and Niple, Inc., (B&N) in an amount not to exceed $249,999.50 for the Trail Safety Crossing Improvements, Project No. PR1310, and authorize the Mayor to execute the required documents. Councilmember Koprowski stated the item was important because it was evaluating the Town’s trail crossings. She said the ongoing analysis would identify necessary improvements for other locations and explore alternative funding sources for those improvements. She added that incidents of traffic violence and motor vehicle crashes had impacted walkers and bicyclists. She wanted to bring attention to that because it was preventable. She stated it was important to look out for the walkers and bikers in the community so they could get home safely. 6 A MOTION was made by Councilmember Koprowski, seconded by Councilmember Buchli, to approve Item 9. Motion carried 7-0. 10. AGREEMENT – consider approval of EMT/Paramedic Preceptorship Agreement No. 324000285 with East Valley Institute of Technology (EVIT) for the preceptorship opportunities for their EMT and Paramedic students, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 11. DEVELOPMENT AGREEMENT – consider adoption of Resolution No. 4451 approving Development Reimbursement Agreement with SCM Gilbert 1, LLC for design and construction of improvements to Somerton Road, Project No. ST2130, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4451 was adopted. 12. CONTRACT – consider approval of Job Order No. 43 to Job Order Contract (JOC) Contract No. 319001058 with Sunland Asphalt Construction, LLC in an amount not to exceed $207,503.52 for Cactus Yards Parking Lot, Project No. PR1290, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Design-Bid Building (DBB) Project Contract No. 324000205 with J2 Engineering and Environmental Design, LLC in an amount not to exceed $306,127.47 for the Queen Creek Wash Crossing at Higley, Project No. PR1327, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 7 14. CONTRACT – consider approval of Architectural and Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000260 with HDR Engineering, Inc. in an amount not to exceed $191,521 for the Village II Storm Water (SW) Pump Station Rehab, Project No. SW01270, and for the Freestone Park Storm Water (SW) Pump Station Rehab, Project No. SW0130, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000042 with J2 Engineering and Environmental Design, LLC (J2) in an amount not to exceed $4,678,547 for the Desert Sky Park Phase 2, CIP Project No. PR1322, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. CONTRACT – consider approval of: a) Guaranteed Maximum Price (GMP) No. 1 for Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000194 with Hunter Contracting Co. in an amount not to exceed $1,377,022 for the Vaughn Ventilator, CIP Project No. RD2190, and authorize the Mayor to execute the required documents; and b) General Fund Contingency in the amount of $1,377,022. This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval of: 8 a) Construction Phase No. 1 for Design/Build Contract No. 324000056 with CORE Construction, Inc., in an amount not to exceed $1,476,304 for the North Area Service Center (NASC) Fuel Facility, CIP Project No. MF2440, and authorize the Mayor to execute the required documents; and b) FY 2024 CIP Contingency, with the General Fund as the designated funding source, in the amount of $476,304. This item was approved with the Consent Calendar vote. 18. CONTRACT – consider approval of: a) Job Order Contract Contracting (JOC) No. 324000147 with Archer Western Construction, LLC for the Water & Wastewater Treatment & Remote Facilities; and b) Job Order Contract Contracting (JOC) No. 324000149 with ASR Construction Group for the Water & Wastewater Treatment & Remote Facilities, authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19. CONTRACT – consider approval of Task Order No. 45 to Job Order Contract (JOC) No. 319001058 with Sunland Asphalt & Construction, Inc., in an amount not to exceed $1,949,259.51 in FY 2024 for asphalt products and services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. CONTRACT – consider approval of Pre-Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 324000044 with Hunter Contracting Co. in an amount not to exceed $510,504 for the Desert Sky Park Phase 2, CIP Project No. PR1322, and authorize the Mayor to execute the required documents. 9 This item was approved with the Consent Calendar vote. 21. 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. 324000279 with Archer Western Construction, LLC in an amount not to exceed $654,803.54 for the Tankersley Water System Area 2, CIP Project No. WA1310, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22. CONTRACT – consider approval of Job Order No. 54 to Job Order Contract (JOC) Contract No. 319001049 with Talis Corporation in an amount not to exceed $284,336 for the intersection of Higley Road and Riggs Road, Project No. ST2120, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 23. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 323000337 with Kennedy/Jenks Consultants (Kennedy Jenks) increasing the contract amount by $1,001,000 for Wells Development Program, CIP Project Nos. WA0270, WA0810, WA0880, WA1609, WA1610, WA1611, WA1612, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 24. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 323000323 with Marathon Staffing Corporation, Inc., increasing the contract amount by $569,500 for temporary staffing services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 10 25. STREETLIGHT IMPROVEMENT DISTRICT 24-01 - consider adoption of Resolution No. 4452 creating Streetlight Improvement District No. 24-01 Gabriella Pointe Commerce Center and ordering the improvements. This item was approved with the Consent Calendar vote. Resolution No. 4452 was adopted. 26. HUMAN RESOURCES – consider approval of recommended plan design changes and plan premium rates for Medical and Dental for FY 2025. Chief People Officer Williams introduced himself and explained they would be giving a presentation discussing the recommendations for the employee health and benefit premiums and plan design changes for the fiscal year. He acknowledged the work put into the analysis and review process by the Rewards team, the Budget team, the Health Trust Board, and the broker Alliant. He added that their goal was to do the best things they could for their workforce and employees while being mindful of the budget and financial implications. Total Rewards Manager Irula started the presentation by explaining the information was similar to what the Council had heard at the retreat. She explained what it meant to be self- insured and that the Town of Gilbert was self-insured for their health insurance. She said the Town was the insurance provider, and all premiums collected from employees and the Town went into the Health Trust Fund. She added that they did contact different vendors to help administer the plans, and it allowed the Town to have more control over the plans and to tailor them to the needs of the organization. She said they were making recommendations to the plan and premium increases that evening. She explained that the revenues had not kept up with the expenses, which were a result of post-pandemic inflationary pressures and increased pharmacy costs. She explained they had to carry 30% of the funds in the Health Trust Fund to pay claims, but due to conservative rate increases in the past few years, the increases had not kept up with the rising costs. She shared the benefits survey results that had been sent to the organization and discussed some of the questions in the survey. She discussed the three different coverage tiers that employees could choose from, which included a high deductible health plan (HDHP) with a Health Savings Account (HSA). 11 Councilmember Torgeson asked about items that would be included that were not included in the past packages. Manager Irula stated the only thing that would be added from the recommendation would be the preventative magnetic resonance imaging (MRI). Manager Irula discussed the recommendation for the Banner Select Plan which had a smaller group of providers. She said they wanted to increase the cost share over the next two fiscal years to 80/20. She explained the recommendations for the pharmacy program including reviewing formulary-covered prescriptions, generic options, and total overall price increases. She concluded the presentation with the overall rate increase recommendations, showed the monthly cost for each plan the employees would pay, and shared a chart of where Gilbert was in comparison to other cities concerning employee costs for health insurance. Chief People Officer Williams gave a summary of a Lifestyle Spending Account (LSA) that the Town could contribute to for the workforce that could be used to offset or mitigate cost factors outside of standard medical costs. He said it would not be funded by the Health Fund and would have an impact on overall healthcare costs. He explained that they would continue to review plan design, a prescription program, and administrative services. He shared the communication strategy through email, SharePoint, and meetings to ensure employees would understand the upcoming changes. Councilmember Tilque acknowledged that there had been hard conversations to try and create a benefit holistic package for the employees. She said the survey helped them to provide benefits that were meaningful. A MOTION was made by Councilmember Tilque, seconded by Councilmember Bongiovanni, to approve Item 26. Motion carried 7-0. 27. MINUTES – consider approval of the minutes of the Regular Meeting of March 5, 2024; Study Session of March 5, 2024; Special Meeting of March 4, 2024; Special Meeting of March 11, 2024; and Special Meeting - Spring Financial Retreat of March 11, 2024. 12 This item was approved with the Consent Calendar vote. The meeting was recessed at 7:51 p.m. and reconvened at 7:59 p.m. PUBLIC HEARING Mayor Peterson opened the public hearing for items 28, 29, 30, 31, 32, 33, 34, and 35. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Mayor Peterson, seconded by Councilmember Bongiovanni, to approve public hearing items 28, 29, 30, 31, 32, 33, 34, and 35. Motion carried 7-0. 28. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Alcohol License for Pinot's Palette located at 2743 South Market Street, Unit 110. This item was approved with the Public Hearing Vote. 29. LIQUOR LICENSE – conduct hearing and consider approval of a Series 7 Beer and Wine Alcohol License for Center Court Pickleball Club located at 1433 East Williams Field Road. This item was approved with the Public Hearing Vote. 30. ZONING Z23-08 - conduct hearing and consider approval of the findings and adoption of Ordinance No. 2897 for Heritage North to amend Ordinance No. 2814 to amend the Heritage North Planned Area Development (PAD) for approximately 11.97 acres, generally located at the southwest corner of Gilbert Road and Juniper Avenue, and zoned Heritage Village Center (HVC) PAD with a Planned Area Development overlay. This item was approved with the Public Hearing Vote. Ordinance No. 2897 was adopted. 31. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4453 approving the acquisition of right-of-way and required easement for Parcel No. 304- 13 12-064 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060 for the negotiated amount of $65,000. This item was approved with the Public Hearing vote. Resolution No. 4453 was adopted. 32. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4454 approving the acquisition of right-of-way and required easements for Parcel No. 304- 12-015E for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060 for the negotiated amount of $78,597. This item was approved with the Public Hearing vote. Resolution No. 4454 was adopted. 33. PROPERTY ACQUISITION – conduct hearing and consider: a) adoption of Resolution No. 4455 approving the acquisition of right-of-way and required easement for Parcel No. 304-55-471 for the Lindsay Road - Pecos Road to SR202, Project No. ST1170 for the negotiated amount of $350,000 plus statutory interest and acquisition and closing cost; and b) CIP Contingency request in the amount of $200,000 with MAG Revolving as the designated funding source. This item was approved with the Public Hearing vote. Resolution No. 4455 was adopted. 34. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4456 approving the acquisition of right-of-way and required easements for Parcel No. 304- 55-011P for Germann Road - Gilbert to Val Vista, Project No. ST1450 for the negotiated amount of $58,101.50 plus statutory interest and acquisition and closing costs. This item was approved with the Public Hearing vote. Resolution No. 4456 was adopted. 14 35. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4457 approving the acquisition of right-of-way and required easements for Parcel No. 304- 55-011P for the Lindsay Road 202 Traffic Interchange Improvements, Project No. ST1580 for the negotiated amount of $270,000 plus statutory interest and acquisition and closing costs. This item was approved with the Public Hearing vote. Resolution No. 4457 was adopted. 36. CODE OF GILBERT - conduct hearing and consider adoption of Ordinance No. 2898 amending the Code of Gilbert, Arizona, by amending Chapter 1 General Provisions, Article II Mayor and Council, Division 3 Rules of Order and Procedure related to Council Rules of Order and Procedure. Mayor Peterson opened the public hearing for Item 36. Town Attorney Payne described the item stating the revised copy had typo correction, a few numbering changes, and listed the sections that were affected. He stated in sections 1-92 D1 and F1 it stated that where there would be one spokesperson for a group of people, all the names of the people they would be speaking on behalf of would be entered into the record. Mayor Peterson closed the public hearing for Item 36. Council member Bongiovanni expressed concern regarding section 1-92 Order of Business. He was opposed to allowing citizens less than three minutes to address the Council during meetings. He suggested that if a meeting was running long, the Council could consider taking a recess, reconvening, or rescheduling for another meeting. Councilmember Buchli stated she agreed with Councilmember Bongiovanni. Councilmember Koprowski stated that in the past when they had a lot of people speak about certain issues they had followed up with listening sessions, other meetings where they could 15 have two-way conversations. She said her challenge with the communication section was they could not respond during that time, and with major issues, it detracted from other items on the agenda. She suggested listening sessions or working groups with the public where they could speak openly about an issue and work on a resolution. She stated that other communities had more stringent times, and thought they had a good balance of being generous, and the right forum for input and discussion. She emphasized that alternative communication channels were available. Councilmember Torgeson stated that he agreed with Councilmembers Buchli and Bongiovanni. Vice Mayor Anderson gave an example of a subcommittee meeting that allowed people to speak. He stated they received a lot more information. He said he had tried not to put a time limit on speaking because a lot of information was revealed to them. He agreed that special meetings allowed more information to be revealed that would not be revealed in two or three minutes. Councilmember Bongiovanni agreed with Vice Mayor Anderson, that they got a lot done in those meetings with the back-and-forth conversations. He added that they had to first recognize there was a problem in order to have those meetings. He did not want to limit them to one or two minutes if they had a lot of speakers. Vice Mayor Anderson stated that he was making his point exactly. Councilmember Buchli stated her issue with the subcommittee was that not all Councilmembers could be involved. She was not in favor of changing the time limit for speakers. Councilmember Tilque said they have had several speakers lately and the situation at hand was very far and few in between. She said they wanted to hear from everyone, but when it was repetitive, it was not as productive. She added that since they did not have that many speakers it would not go into effect. The change would set the expectations and would help them to best utilize their time and hear what the public had to say. She concluded with they 16 were not limiting First Amendment rights by limiting time, it would help them determine how to best accommodate a large group of people coming in at once to speak on an issue. Councilmember Torgeson wanted to look at a few sections that he was not comfortable with which discussed Study Sessions, 1-86(2), 1-91(B), and 1-87. He did not like that they would be asking for permission to have a Study Session and would probably ask to strike 1-87 subject to the requirement, 1-86(2) the requirement to first confer with the Town Manager provided in section 1-91(B), stating he wanted it removed anywhere else it was mentioned in the document. Councilmember Koprowski wanted to discuss the time limits for the Communication from Citizens and stated the way it was worded limited the speaking time to about 75 to 80 minutes. She stated that if they removed those formulas and allowed it to be any time limit, they should consider moving up the Public Hearing section to an earlier agenda item. Mayor Peterson clarified Councilmember Koprowski was asking for Communications from Citizens to be moved after Public Hearing. Councilmember Koprowski stated that if they moved forward with the changes, the Public Hearing section be moved prior to Communication from Citizens. Councilmember Bongiovanni stated he understood what Councilmember Torgeson was saying and when they requested a Study Session with staff, they would need time to prepare. He suggested including language so that when a Study Session was requested, the Town Manager had up to two meetings to present that item without putting extra pressure on staff. Councilmember Tilque responded to Councilmember Torgeson stating the intent of that section was that the requirement of the three signatures was to have a meeting with the Town Manager to understand what the staff would need to prepare and set the date of the meeting. Town Manager Banger added that they always strived to bring information forward in a timely manner. If the item required research, surveys, or bringing in consultants it could take longer than two meeting to prepare. He added that he understood that time was of the essence, but it did depend on what the subject matter was as to how quickly they could prepare. 17 Mayor Peterson spoke regarding the time limit in the policy before them, and that it was exactly what they had been doing, other than setting a number of speakers. She gave an example of a past meeting where there were over 40 speakers and Council was not able to discuss an item until 1:00 a.m., which was not fair to the residents that were waiting for that item to be discussed. She added that they were trying to clarify the process that they had already been doing for over 20 years on the dais. Councilmember Bongiovanni stated that he liked the suggestion that Councilmember Koprowski had made, and he still wanted three minutes to speak. Councilmember Tilque stated their goal was to put into writing the way they would handle the meetings. She added that as the Council had been thinking about the time limits, she had been thinking about the order of business. She believed that the Public Hearings should be first and foremost, and their job was to complete that business and the Consent Agendas. She added that she liked Councilmember Koprowski’s recommendation to remove the time limits, keep it at three minutes, but also change the format for consistency. She said it would give them time to hear from the public for three minutes each, and it would allow them to conduct the business of the Town as they were required to do. Councilmember Torgeson asked if there was a way to monitor if there were more than 20 members of the public who wanted to speak, and at that point, delay speakers until after the agenda items. Councilmember Tilque expressed concern that changing the format might be unfair to attendees who came specifically for Public Hearings and Consent items. Councilmember Torgeson restated that if there were more than 20 speakers, they should move the Public Hearings forward and place the Consent Agenda after the Public Hearings to avoid long wait times. 18 Councilmember Tilque stated she understood what he said, but emphasized the importance of consistent Order of Business for attendees. Mayor Peterson agreed with Councilmember Tilque, stating the need for clarity and consistency. She cited an example of rearranging items to accommodate attendees from other communities. She stated that if they kept the three-minute speaking time for all citizens, regardless of the number of speakers, they would place Communications from Citizens after Public Hearings and Consent Calander. Vice Mayor Anderson supported making the change permanent rather than adjusting it for each meeting. Councilmember Bongiovanni raised concerns about section 1-89(A) regarding quorum. He emphasized that while decisions made by the Council might impact people even ten years later, he disagreed with the provision that allowed four Councilmembers to expel another member from a meeting. His worry was that removal during the initial vote could prevent him from contributing to crucial discussions or voting on important matters. Mayor Peterson clarified that Councilmember Bongiovanni was specifically referring to expulsion under section 1-90(A). Town Attorney Payne further explained the new language, which restricts expulsion to “not a second time for the same cause.” He added the limitation prevented perpetual removal at every council meeting. If the Council choose to exercise this right, it should be done as a one-time cause. He said state statute permitted cities and towns to include this provision, but it was not mandatory. Mayor Peterson clarified that the state statute said that cities and towns were allowed to add that to their policy, but it was not required. Town Attorney Payne stated that was correct, it was something that the Council adopted previously; there was nothing to require the Council to keep that provision. 19 Councilmember Buchli addressed the time limits in section 1-92(D2). She agreed with placing Communications from Citizens after Public Hearings, but she advocated for removing the other time limit items from that section. Mayor Peterson confirmed that was the current topic of discussion and what she was hearing was that if they struck those items, they would move Communications from Citizens to follow Public Hearing and Consent, effectively approving a new agenda format. Councilmember Tilque recognized several citizens who contributed to evaluating meeting procedures to uphold First Amendment rights while also establishing clear guidelines for addressing the Town Council. The individuals acknowledged were Dr. Brandon Ryff, Ryan Handelsman, and Joanne Terry. Town Attorney Payne highlighted the substantial changes to the Communications from Citizens section, from the original packet. He assembled an alternative version that aligned with the Council’s requested changes. The revised section was displayed on the screen, allowing for adjustments to the language as necessary. He added that in changing the meeting order and considering Public Hearing and Consent, he recommended incorporating Administrative Items. Councilmember Tilque made a motion to approve item 36 with changes. Mayor Peterson confirmed the motion on the dais and asked about a request to add items to the agenda within the next two meetings. She did not hear any amendment regarding that. Councilmember Tilque clarified that such an addition was not part of her motion. Councilmember Buchli inquired about a section where speakers wished to donate their time. She said they could combine their comment cards, but the default time limit was three minutes, unless Council granted a different duration. Her concern was whether the Council could alter the initial three-minute limit. 20 Councilmember Tilque stated that if speakers combined their time, the total amount would be six minutes. She thought they had agreed on that during the previous meeting and requested its inclusion. Councilmember Koprowski stated it explained their legal rights, but it did not mean the Council would modify the time limit unless there were extreme circumstances. Vice Mayor Anderson agreed that if speakers choose to combine their cards, the Council would not reduce their three minutes; instead, they would increase the time. Councilmember Buchli clarified that her concern was different and suggested adding the language only when necessary. Mayor Peterson affirmed that the Council retained the option to change the time if needed, and if a situation arose, they could still amend it. Councilmember Bongiovanni asked if they could amend with a super majority, to which Councilmember Buchli stated they would need to have a super majority vote in order to change that. Councilmember Tilque stated to Town Attorney Payne would need to make the changes of the combined time maximum to be six minutes, and the statement that dealt with a different time would need to be voted on by a super majority. Mayor Peterson suggested postponing the item to allow Town Attorney Payne to incorporate the discussed changes, and the revised version could be brought back for consideration at another meeting. Councilmember Tilque expressed her preference for completing the matter during the current meeting. She clarified the changes they made were removing the limitations based on the number of requests to speak; they kept the three minutes, if speakers combined their comments they received six minutes, and if they decided to change that it would require a super majority vote of the Council. She added that the change in the order of the agenda to accommodate the changes was to move the Communications from Citizens to after the business of the Town to give enough time to hear from everyone. The final addition was to remove the section regarding expulsion. 21 Councilmember Bongiovanni asked what had they decided on regarding the time period for Study Sessions. Councilmember Tilque stated that if they felt it was a problem they could bring it back for discussion. A MOTION was made by Councilmember Tilque, seconded by Vice Mayor Anderson, to adopt Ordinance No. 2898 amending the Code of Gilbert, Arizona, Chapter 1 General Provisions, Article II Mayor and Council, Division 3 Rules of Order and Procedure related to Council Rules of Order and Procedure with the following changes: remove section 1-90 in its entirety; amend section 1-92 Order of Business as outlined to change the Order of Business to: Call to Order, Roll Call, Presentations and Proclamations, Public Hearings, Consent Agenda, Administrative Items, Communications from Citizens, Future Meetings, Communications from Town Manager, Councilmembers, Mayors, and Adjournment; remove the limitations based on the number of requests to speak, if speakers combined their comments they received six minutes, and if they decided to change that it would require a super majority vote of the Council. Motion carried 7-0. Ordinance No. 2898 was adopted. ADMINISTRATIVE ITEMS 37. COUNCIL ADMINISTRATION - Discussion and possible action related to a status update from the Council Subcommittee on Teen Violence. Vice Mayor Anderson reported on the last Subcommittee meeting held the week prior. He mentioned having a file full of action items and expressed gratitude for it. He said the Subcommittee planned to convene again on April 9, 2024, aiming to draft a report for presentation at the April 16, 2024, Council meeting. Mayor Peterson acknowledged Vice Mayor Anderson’s update and emphasized that the three members of the Subcommittee must reconvene to reach conclusions for the Council. She also praised the participation of the Mayor’s Youth Advisory Committee (MYAC) students who attended a previous Subcommittee meeting. She said that the 22 students represented 14 high schools in Gilbert and said she was impressed with their thoughtful contributions. Councilmember Bongiovanni expressed gratitude to community members who actively participated over several months. He highlighted the positive transition from initial frustration to open dialogue and continuous recommendations. He said he was proud to serve on the Subcommittee. Councilmember Torgeson commended a well-spoken young lady named Julia. He said the entire process provided unexpected insights, and Julia’s impressive contributions stood out. 38. COUNCIL ADMINISTRATION - consider adoption of an amended Council Meeting schedule for Calendar Year 2024, amending the July 30, 2024 date to August 6, 2024, and the August 13, 2024 date to August 20, 2024. A MOTION was made by Mayor Peterson, seconded by Councilmember Buchli, to approve Item 38. Motion carried 7-0. POLICY ITEMS None. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER. Town Manager Banger thanked all those involved with the Ladies Professional Golf Association (LPGA) event in Gilbert. He showed a commercial that ran during the event that 23 went out to a national and international audience and thanked Economic Development Director Henderson and his team, as well as Tourism and Digital Journalist Agredano for their work. He congratulated Kellie Elliot who was an Earth Day Award Recipient and congratulated the Development Services Team for receiving a Community Rating System Upgrade from a “Class 7” Community to a “Class 6” Community. He said the upgrade resulted in an additional discount for flood insurance for those who needed it. Report from the COUNCIL. Councilmember Buchli gave an update on the past Tourism event Small Wonders Math Community Scavenger Hunt. She announced that the Discover Gilbert Arizona, Office of Tourism would be attending an upcoming Arizona Office of Tourism Trade and Media Round Table to focus on joint initiatives for Fiscal Year 2025, adding they also met with American Tours to showcase Gilbert, Arizona as a potential Phoenix area stop on for of their western region tours. Councilmember Bongiovanni shared details about the upcoming events organized by Parks and Recreation. The events included the Gilbert Global Village and the April Pool’s Day Swim Party, both scheduled for April 6, 2024. Councilmember Torgeson delivered an update on the Northwest Area of Gilbert Revitalization Meeting, which drew more than 200 people in attendance. Councilmember Tilque extended her appreciation to the team and the LPGA for coming to Gilbert. She gave a special shout-out to Leyla Manski and Peyton Wilson, whom she had the pleasure of meeting during the LPGA event. Report from the MAYOR. Mayor Peterson revealed the Slip into Spring banana-themed installation display in the Downtown Gilbert Heritage District, from April 1 to May 2, 2024. She said she presided as a judge for the 2024 National Civic’s Bee, organized by the Gilbert Chamber of Commerce, 24 adding the top four students from this bee would compete in the Statewide Civic’s Bee, and the state winners would advance to Washington D.C. for the National Bee. ADJOURN Mayor Peterson adjourned the meeting at 9:01 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 2nd day of April 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 25