Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY MAY 21, 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 (attended virtually) COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Deputy Clerk Judy Martinez, Town Attorney Christopher Payne, Police Chief Michael Soelberg, Volunteer and Community Resource Manager Melanie Dykstra, Office of Management and Budget Director Kelly Pfost, Town Engineer Susanna Struble, and Chief People Officer Nathan Williams AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:39 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Student Volunteers Aanya Nayak, Rishi Nayak, Dhanvi Basavatti, Vivaan Bharadwaj, and Sharvi Basavatti of Hindu Swayamsevak Sangh gave the invocation. Councilmember Tilque led the Pledge of Allegiance. ROLL CALL 1 Deputy Clerk Martinez called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1. PROCLAMATION - Proclamation declaring May 24, 2024 as Gilbert Poppy Day. Mayor Peterson read a proclamation declaring May 24, 2024 as Gilbert Poppy Day and presented the proclamation to American Legion Auxiliary Members Kris Brenna, Claudine Rosson, Mike Bailey, and Junior Auxiliary Member Taryn Pfaff. 2. PROCLAMATION - Proclamation declaring the week of May 19-25, 2024, as National Travel and Tourism Week. Councilmember Buchli read a proclamation declaring May 19-25, 2024, as National Travel and Tourism Week, and presented the proclamation to the Office of Economic Development employees Glenn Schlottman, Elizabeth Mangan, and Dan Henderson;, and HD South President and Chief Executive Officer (CEO) Denise Lopez. Tourism Program Manager Schlottman discussed how tourism in Gilbert benefited the community and attracted visitors from overseas and other countries who came to enjoy the Town. PUBLIC HEARING Mayor Peterson opened the Public Hearing for items 3, 4, 5, 6, 10, and 11. No one wished to speak and Mayor Peterson closed the Public Hearing. A MOTION was made by Councilmember Tilque, seconded by Councilmember Buchli, to approve items 3, 4, 5, 6, 10, and 11. Motion carried 7-0. 3. LIQUOR LICENSE – conduct hearing and consider approval of a Series 9 Liquor Store Alcohol License for Fry's Food & Drug #655 located at 3490 South Power Road. This item was approved with the Public Hearing Vote. 2 4. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Alcohol License for Fry's Food & Drug #655 located at 3466 South Power Road. This item was approved with the Public Hearing Vote. 5. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Mirador Mexican & Seafood located at 743 South Lindsay Road, Unit C101. This item was approved with the Public Hearing Vote. 6. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4471 approving the acquisition of right-of-way and required easements for Parcel No. 304- 97-040 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060, for the negotiated amount of $29,241.50. This item was approved with the Public Hearing Vote. 7. CODE OF GILBERT - conduct hearing and consider adoption of Ordinance No. 2901 amending the Code of Gilbert, Arizona, by amending Chapter 42 Offenses and Abatement of Public Nuisance, Article IV Offenses Involving Public Safety, related to brass knuckles. Mayor Peterson opened the public hearing on item 7. Town Attorney Payne emphasized the discussion from the Study Session regarding the brass knuckles ordinance, specifically to include the definition that brass knuckles refer to knuckles made of any material type. Councilmember Buchli sought clarification regarding the age limit, specifically whether it applied to individuals aged 18 and under. Town Attorney Payne confirmed that the Council had chosen the language specifying ‘any person under 18 years of age’ and highlighted that the City of Chandler had already approved their ordinance using the ‘under 18’ language. 3 Connor Jarnagan, Gilbert resident, expressed gratitude to the Mayor and Councilmembers for their decisive action on an ordinance that criminalized the sale and ownership of brass knuckles. He recounted a personal experience of being assaulted with brass knuckles and emphasized their lethal potential. He believed that the Council’s actions that evening sent a message against teen violence within their community and saw the ordinance as a positive step by Gilbert to prevent teens from accessing dangerous weapons and to avert assaults like the one he had endured. He specifically thanked Councilmember Bongiovanni for his support and receptiveness to his ideas. Mayor Peterson closed the public hearing on item 7. Councilmember Tilque stated she was supportive of the changes presented to the ordinance. Councilmember Bongiovanni expressed pride in Conner’s bravery. He recognized the urgency for action after hearing Conner’s story and extended his gratitude to the Council for listening to Connor and making the ordinance a reality. A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Buchli, to approve Item 7 and adopt Ordinance No. 2901 with the addition stated by Town Attorney Payne. Motion carried 7-0. Ordinance No. 2901 was adopted. 8. CODE OF GILBERT - conduct hearing and consider adoption of Ordinance No. 2902 amending the Code of Gilbert, Arizona, by amending Chapter 42 Offenses and Abatement of Public Nuisance, Article III Offenses Involving Public Peace and Order, Division 3 related to Unruly Gatherings. Mayor Peterson opened the public hearing on item 8. Town Attorney Payne summarized the ordinance, explaining that it prohibited unruly gatherings within the Town, regardless of whether they occurred on private, public, residential, or commercial property. The ordinance specified that the responsible party, 4 whether an owner, landlord, tenant, sponsor, or host would be held accountable under the revised code. He discussed examples to demonstrate how the ordinance could be applied to different situations and explained the fines. Councilmember Buchli sought clarification on the scope of the ordinance, specifically whether it applied to commercial properties as well. Town Attorney Payne confirmed that it did apply to both residential and commercial properties. Councilmember Buchli expressed concern about resort-type parties potentially being reported as unruly gatherings and then charged under the ordinance. Police Chief Soelberg explained that they would evaluate the totality of the circumstances and the ordinance provided several examples of what constituted an unruly gathering. He said if a hotel party became excessively loud, they would consider various factors to determine if it qualified as an unruly gathering. He emphasized that the Town’s noise ordinance factored into those assessments, highlighting the complexity involved in such cases. Councilmember Bongiovanni expressed gratitude to Town Attorney Payne for collaborating with the City of Chandler Attorneys and the City of Chandler Council. Their joint efforts focused on refining the language in both ordinances and raising awareness about the issues. He also expressed hope that other cities and towns would adopt similar measures. Councilmember Tilque questioned the change from 18 months to 180 days. Town Attorney Payne clarified that both components were included; 180 was the period for an additional offense to become criminal. He added the 18 months applied on the criminal and penalty side; if there had been an unruly gathering citing and they were cited again with 18 months, the civil offense would be considered criminal. Councilmember Torgeson inquired if the Town could not bill them for police service if the court did not find someone criminally negligent. s. Town Attorney Payne stated that he was correct and that applied to both the civil and criminal side. 5 Ann Doucette, Gilbert resident, said it was time for increased accountability among teenagers and adults. She urged Gilbert to adopt an unruly gathering ordinance similar to the one in the City of Chandler. She stated the ordinance would make the residents of Gilbert feel safer by imposing stricter consequences for minors and making parents accountable for the actions of their children. Mayor Peterson closed the public hearing on item 8. A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Bongiovanni, to approve Item 8 and adopt Ordinance No. 2902. Motion carried 7-0. Ordinance No. 2902 was adopted. 9. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) – consider approval of the Town of Gilbert FY 2024-2025 Annual Action Plan for Community Development Block Grant Activities and authorize the Mayor or her designee to submit the Plan to the US Department of Housing and Urban Development (HUD). Mayor Peterson opened the public hearing on item 9. Councilmember Torgeson inquired what the Housing and Urban Development (HUD) reporting requirements and expectations were for the Community Development Block Grant (CDBG). Volunteer and Community Resource Dykstra explained the reporting requirements were established after completing the annual action plan, assuming it was adopted that evening. She said they would then submit the plan to HUD for review to ensure compliance and at the completion of each year, they would conduct an evaluation of their accomplishments, detailing what they completed and how they allocated the funds. She added the resulting report would be shared with the Council, submitted to HUD, and made available for public comments; that process would ensure they met the expectations and adhered to all regulations. 6 Councilmember Torgeson inquired if there were any ongoing expenses and if they engaged in any other federal programs by taking the money. Volunteer and Community Resource Dykstra stated they were required to meet one of the national objectives with spending of the funds. Those objectives include benefiting lower to moderate income individuals, aiding in the elimination of slum and blight, or addressing urgent needs. She added their annual action plan outlined how they utilized those funds, the said some of the funds were allocated for administration, including paying for a staff member who ran the emergency minor home repair program. She said that program assisted eligible low-income residents with emergency repairs and while their projects must meet the minimum expectations, they were not tied to any other federal programs or funds. Mayor Peterson closed the public hearing on item 9. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Tilque, to approve Item 9. Motion carried 7-0. 10. BUDGET - conduct hearing and adopt the budgets of the 2024-2025 Street Light Improvement Districts (SLID) and establish June 4, 2024 as the date of the final public hearing and adopting the tax levy for the districts. This item was approved with the Public Hearing Vote. 11. BUDGET – consider approval of General Fund contingency in the amount of $750,000 for Gilbert Fire and Rescue Department FY 2024 overtime. This item was approved with the Public Hearing Vote. 12. ELECTIONS – conduct hearing on the Capital Projects Accumulation Fund option on the November 5, 2024, General Election ballot for voter consideration that shall exclude from the state-imposed spending limit any capital improvements and land, including streets, parks, wastewater systems, water systems, and all other capital improvements. 7 Mayor Peterson opened the public hearing on item 12. Office of Management and Budget Director Pfost presented details about state and post- expenditure limits. She said voters would have two ballot questions and they could approve both items, but they were not mutually exclusive. She said the Permanent Base Adjustment would modify the number that the state imposed on the Town; it was not a tax increase but affected the maximum annual spending. The Capital Projects Accumulation Fund exempted capital money spent on projects from the state limit. She noted that Gilbert voters previously approved a Permanent Base Adjustment in Fiscal Year 1998 (FY1998) and that adjustment did not alter revenues but changed the maximum spending allowed by the state. She added Gilbert could currently spend $2,000 per resident, and if the Permanent Base Adjustment was approved the limit would increase to $3,200 per resident. She said despite the increase, Gilbert’s limit remained conservative compared to other areas in the valley. She explained that money spent on capital projects from the Capital Projects Accumulation Fund did not count against the expenditure limit; if approved it would provide the Town with the ability to fund capital projects using cash, avoiding the risk of exceeding the state-imposed expenditure limit. Unlike bond financing, which would incur interest and repayment costs, the exemption would allow for the allocation of funds directly. She noted that projects financed through bonds were excluded from the state-imposed expenditure limit, enabling them to bond for capital projects while staying within the limit; however, if Gilbert were to exceed the state-imposed limit, state-shared income tax revenues would be withheld and redistributed to other Arizona cities and towns. She reported that the second public hearing would take place on June 4, 2024, when the Council could vote on whether or not to include that item for voters to consider in November 2024. Councilmember Bongiovanni inquired whether the term debt ceiling could be used to describe the situation and sought clarification that it could not. Office of Management and Budget Director Pfost stated that was correct, it was an expenditure limit ceiling that debt was exempt from. Councilmember Bongiovanni gave an analogy trying to clarify the items they should vote on. Office of Management and Budget Director Pfost said the analogy was correct but she could not tell people how to vote. 8 Councilmember Torgeson asked if Chandler paid cash for their town hall. Town Manager Banger stated that was his understanding. Councilmember Torgeson tried to clarify if the Town were to receive more revenue, they would not be subject to going over the limit and there would be no need to borrow money and pay interest. Budget Director Pfost stated the idea was correct, but there would be a limit that they could not exceed; it would be higher so they would be less likely to exceed it. Doralise Machado-Liddell, Gilbert resident, inquired about the cost associated with placing those two items on the ballot and the expenses involved. She asked that they look at items in the budget rather than going to the people and be fiscally conservative. Mayor Peterson requested someone speak on placing the items on the ballot and if there was an extra cost associated with that; since this was a regular election she did not think there would be. Deputy Clerk Martinez stated that she was correct that it was part of a regular election. Mayor Peterson reiterated that they were not having a special election and it was part of the regular general election. Councilmember Torgeson asked for clarification as it related to expenditures, that they were not allowed to spend money they did not have if they were spending cash. Budget Director Pfost stated he was correct that they were still required to maintain a balanced budget; therefore, they could not spend money they did not have. Councilmember Koprowski asked for clarification on upcoming Capital Improvement Projects (CIP) funding. She believed that CIPs were funded through repair and replacement funds, akin to a savings account and the Town would hold that money until the time when those repairs became necessary. Budget Director Pfost stated that several CIP projects were coming up and the funding sources set aside were for repair and replacement and they had the money in the bank for when there was a need to do those projects. She added that if they got close to or went over the expenditure limit, they could not use that cash for those purposes that were planned, which could change Town operations. 9 Councilmember Bongiovanni inquired if it would save taxpayers interest on bonds that were not needed if they could pay cash. Budget Director Pfost stated that it would give more opportunity for the Council to make decisions about bonding or cash, rather than having to bond to stay under the expenditure. Mayor Peterson closed the public hearing on item 12. No motion was needed on the item; public hearing only. RECESS REGULAR MEETING AND CONVENE SPECIAL MEETING Mayor Peterson recessed the Regular Meeting and reconvened in Special Meeting at 7:34 p.m. 13. BUDGET - acceptance of the preliminary budget for July 1, 2024, to June 30, 2025, of $2,344,218,800 and establish June 4, 2024, as the date of the public hearing and adoption of the final budget. Office of Management and Budget Director Pfost gave a presentation on the preliminary budget adoption. She shared how Gilbert was Best in Class and had won several accolades for items such as Best City for Early Retirement and Fastest Growing City in the U.S. She explained the zero-based budget that the Town uses and explained some of the increases in costs that some departments had experienced. She explained that he budget that would be adopted that evening could not be increased once adopted; it would be the maximum they could spend for the year. The budget could be lower, but it could not be higher than what it was adopted. She covered the recommended positions needed in various departments across the Town and the Capital Improvement Projects that were included in the budget. She discussed the budget changes that were requested during the Study Session and the proposed property tax levy. She said the final budget adoption would happen at the June 4, 2024 Council meeting. 10 Councilmember Bongiovanni inquired about the budget number following adoption that evening; specifically, if it could decrease or be adjusted before the final adoption at the next meeting. Office of Management and Budget Director Pfost stated down was the only movement it could go, or it could stay the same. Councilmember Torgeson inquired if they could take funds from one department and add them to another department without increasing or decreasing the actual budget limit. Mayor Peterson stated that if the Council were to consider reallocating funds, it would require a majority consensus. She emphasized that their primary focus was on the overall budget and health and wellness policies which fell within the responsibilities of the Town Manager. She added that while the Council set the policies, the Town Manager handled the day-to- day operations of the community. Councilmember Torgeson inquired about the increase in the Mayor and Council’s General Fund budget and asked for an explanation. Office of Management and Budget Director Pfost stated she would investigate the matter and provide follow-up; she noted that several items such as memberships and a new staff member would have contributed to the increase. Mayor Peterson noted other factors. Councilmember Torgeson added that he would like any details regarding salary and budget so that he could defend those items, then spoke of repairing trust. Further discussion was held regarding the Police and Fire Department and having a Digital staff member embedded within; then they discussed the possibility of reallocation of funds or repositioning staff. Councilmember Tilque discussed understanding what the Council was responsible for and not; she added that communicating with residents was a priority. Councilmember Torgeson voiced his support of prioritizing funding for Police and Fire. Town Manager Banger discussed the complexity of making adjustments, then said he would be happy to meet to discuss allocations in the budget with the Council. The Council discussed the best timing and method to discuss budget topics. In conclusion, they noted any changes or support requests should be brought to the Town Manager for review, requiring consensus from the Council for major decisions. 11 A MOTION was made by Councilmember Koprowski, seconded by Councilmember Buchli, to approve Item 13. Motion carried 7-0. ADJOURN SPECIAL MEETING AND RECONVENE REGULAR MEETING Mayor Peterson adjourned the Special Meeting at 8:03, then recessed. The Regular meeting reconvened at 8:15 p.m. CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Bongiovanni, to approve Consent Items 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 27, 28, 30, and 31; remove Items 22, 26, and 29 from the Consent Calendar. Motion carried 7-0. 14. INTERGOVERNMENTAL AGREEMENT – consider adoption of Resolution No. 4472 approving Intergovernmental Agreement No. 324000364 with City of Mesa for the construction of the Gilbert segment of the Central Mesa Reuse Pipeline and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4472 was adopted. 15. INTERGOVERNMENTAL AGREEMENT – consider adoption of Resolution No. 4473 approving Intergovernmental Agreement No. 324000360 with the Regional Public Transportation Authority to reduce air pollution and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4473 was adopted. 12 16. INTERGOVERNMENTAL AGREEMENT – consider adoption of Resolution No. 4474 approving Intergovernmental Agreement No. 319001200 with Regional Public Transportation Authority (RPTA) related to the FY 2025 Amended Transit Services and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4474 was adopted. 17. INTERGOVERNMENTAL AGREEMENT – consider adoption of Resolution No. 4475 approving Intergovernmental Agreement No. 324000368 with the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for participation in the Explosives/Accelerant Detection Canine Program and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. Resolution No. 4475 was adopted. 18. AGREEMENT – consider approval of Agreement for Services Agreement No. 324000347 with Blue Paz LLC in an amount not to exceed $110,000 for contracted counseling services for Gilbert Fire and Rescue Department personnel and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 19. 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. 324000342 Felix Construction Company in an amount not to exceed $389,247.27 for the Site 33 Well Development, Project No. WA0800, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 13 20. CONTRACT – consider approval of Accountability Contract No. 324000276 with AZCEND for the utility bill discount program and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CONTRACT – consider approval of expenditures under Contract No. 322000177 with Hye Tech Network & Security Solutions LLC in an amount not to exceed $7,826,000 for multiple fiscal years pending annual budget approval for IT Infrastructure Hardware, Software, Licensing and Professional Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 324000218 with Felix Construction Company (Felix) increasing the contract amount by $1,663,781 for Wells Development Program, Project No. WA0810, WA0880, WA1610 and WA1611; and b) Change Order No. 1 to Contract No. 324000219 with Kiewit Infrastructure West, Co. increasing the contract amount by $1,786,157 for Wells Development Program, Project No. WA0270, WA1609, and WA1612 authorize the Mayor to execute the required documents. Councilmember Torgeson raised concerns about the increased costs associated with change orders on the project. Town Engineer Struble clarified that those change orders were necessary steps before progressing to the next phase; the work presented specifically addressed long lead items related to electrical equipment. Councilmember Torgeson emphasized that it was not an actual increase in the overall cost of the contract, but represented a reallocation of funds for an upcoming aspect of the project. Town Engineer Struble acknowledged that while it did increase the current contract amount, it fell within the anticipated budget. 14 A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli to approve Item 22. Motion carried 7-0. 23. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 323000336 with Kiewit Infrastructure West Co. increasing the contract amount by $98,406.53 for Wells Development Program, Project No. 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. 3 to Contract No. 320000190 with Advanced Utility Systems (AUS) - N Harris Computer Corporation increasing the contract amount by $190,000 for the replacement of the Town’s current utility billing system with a new cloud-based system and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 25. BUDGET – consider approval of contingency in the total amount of $198,510 for the claim settlements incurred for the period of January 1, 2024 to March 31, 2024: a) the General Fund in the amount of $185,580; b) the Water Fund in the amount of $790; c) the Wastewater Fund in the amount of $2,800; and d) the Environmental Services - Commercial Fund in the amount of $9,340. This item was approved with the Consent Calendar vote. 15 26. CAPITAL IMPROVEMENT PLAN - consider accepting the draft Capital Improvement Plan FY 2025-2034 and declare it a public document. Councilmember Tilque inquired if they could request a change in the Capital Improvement Plan. Office of Management and Budget Director Pfost stated if there were changes requested in the document then the Council could give directions that evening. Councilmember Tilque proposed changes to two projects. She appreciated the South Recreation Center being pushed out to allow for higher-priority items. The adjustment would enable the completion of the South Regional Park, covering nearly 300 acres of recreational space for the community, along with upgrades to both North and South Gilbert trails. The total project had been reduced from $70 million to $37 million with funding scheduled for 2029. She supported exploring private and public partnerships to address Gilbert residents’ desire for a pool in South Gilbert without the full burden of facility ownership. She recommended reducing the budget from $61 million to $30 million with a reminder that future Councils could revisit those projects and adjust priorities as needed. Councilmember Bongiovanni stated that it was good business. He supported public and private partnerships to reduce the price and the cost for taxpayers. He stated that if a company wanted to come by in five to seven years and make a public/private pool he supported that. Councilmember Buchli stated she agreed with Councilmember Bongiovanni that it was good business. She wanted to ensure that it was in the budget so they could discuss it in five to seven years. She said she would continue to advocate for services in that area because the residents there deserved those services. Councilmember Koprowski inquired if those revisions had an overall reduction in the Capital Improvement Project (CIP) budget or were those funds shifted elsewhere, like a contingency or other projects. 16 Councilmember Tilque clarified that the Recreation Center had already changed, resulting in a reduction. She stated the focus was on reducing the Aquatic Center budget to bring the total from $61 million down to $31 million in the long-term Capital Improvement Plan (CIP). She said while immediate spending priorities were crucial, it was essential to consider long- term implications for those projects, since those adjustments fell outside the budget’s five- year window but remained important for planning. Vice Mayor Anderson expressed support for extending the timeline because it would allow them to closely monitor project progress and ensure alignment with the residents’ needs in the area. Mayor Peterson expressed support for establishing a recreation center in South Gilbert. However, she raised concerns about the Aquatic Center, emphasizing that such a project required substantial long-term funding, staffing, and careful planning. While she was open to retaining the idea for the future, she also advocated for considering a pool near the recreation center in North Gilbert, a feature that had been removed from the original plans. She highlighted tthe Council continually discussed this long-term vision, adapting as the community changed. Councilmember Buchli said she had no issues with North Gilbert getting a pool but she thought that South Gilbert should get a pool first. Office of Management and Budget Director Pfost sought clarification regarding the proposed change; specifically, whether the desire was to reduce the pool project budget from $60 million to $30 million for a smaller project or to explore a public/private partnership for half the funding while maintaining the entire project. Discussion was held regarding the funding and cost of the project. The consensus reached was to allocate $30 million for the entire project while exploring additional funding sources if feasible. Importantly, that allocation remained flexible and was subject to future adjustments. 17 A MOTION was made by Councilmember Tilque, seconded by Councilmember Bongiovanni, to approve Item 26 with changes that the South Gilbert Recreation Center would be reduced in project scope and to be funded in Fiscal Year 2029, for the amount that was currently listed, and the South Gilbert pool would be reduced from $61 million to $30 million with the intention of a private and public partnership discussion and keeping that funding noted in the 6 to 10 years column. Motion carried 6-1, with Councilmember Torgeson casting the dissenting vote. 27. GRANT - consider: a) application and acceptance of a grant, Contract No. 324000388, from AZ Proposition 302 in the amount of $220,000 for tourism promotion by the Gilbert Office of Economic Development; and b) approve General Fund contingency in the amount of $220,000. This item was approved with the Consent Calendar vote. 28. FINAL PLAT S22-02 - consider approval of the final plat for Abroreta located at the northeast corner of Greenfield Road and Germann Road. This item was approved with the Consent Calendar vote. 29. HUMAN RESOURCES – consider approval of updates and clarifying language to the Personnel Policies with an effective date of May 27, 2024. Councilmember Torgeson requested clarification regarding the content of Item 29. Chief People Officer Williams clarified that Item 29 involved routine updates to personnel policies. He said those updates primarily consisted of wording adjustments, term shortening, and the removal of redundancies. Additionally, there were a few specific requests addressed within the personnel policies. He explained that the proposed change with a financial impact 18 involved granting 40-hour Fire personnel an additional floating holiday. He added other modifications focused on removing redundant terms and updating language that no longer aligned with the current Personnel Policy. Additionally, a new provision empowered the Town Manager to consider case-by-case vacation carry-forward adjustments for employees. This provision addressed extreme situations that prevented employees from taking vacations, potentially affecting their accrued leave. Councilmember Torgeson reiterated the previously stated information and emphasized that there were no surprises in the proposal and everything discussed was well-known to the Council. Chief People Officer Williams concurred, confirming that no other significant changes, additions, or removals of access or privileges were involved. He clarified that the adjustment for the 40-hour Fire personnel simply aligned their holiday accrual option with that of everyone else. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Tilque, to approve Item 29. Motion carried 7-0. 30. HUMAN RESOURCES - consider approval of the Self-Insurance Trust Fund for Health Insurance Benefits Board of Trustees recommendation for stop-loss insurance coverage levels for the Town of Gilbert medical plan, purchase of FY 2025 stop-loss insurance coverage with Aetna in an amount not to exceed $1,544,042, and authorize staff to execute the required documents. This item was approved with the Consent Calendar vote. 31. MINUTES – consider approval of the minutes of the Regular Meeting of May 7, 2024, Study Session of May 7, 2024, and Special Meeting of May 6, 2024. This item was approved with the Consent Calendar vote. ADMINISTRATIVE ITEMS 19 32. COUNCIL ADMINISTRATION - consider acceptance of the Budget Report and Contingency Report for the Third Quarter of FY 2024. A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Buchli, to approve Item 32. Motion carried 7-0. COMMUNICATIONS FROM CITIZENS Don Edwards, not a Gilbert resident, had time donated to him by Crystal Kuhlmey. He addressed an ongoing issue within the Gilbert Fire Department related to the training group. He asserted that the primary mission of the Fire department should be service delivery, rather than training. He raised concerns about the current situation within the training group, deeming it unethical and potentially illegal. He specifically referred to a policy regarding off- duty employment, which required written permission from the Fire Chief. Edwards cited an incident where some employees conducted fire drills while on duty, filmed them, and used the footage for a commercial promoting their off-duty employer. He questioned why the Chiefs responsible for the training division were not held accountable for this. He also disclosed that he had filed a complaint during his employment but had never been contacted by Human Resources. Bridget Vega, a Gilbert resident, had time donated to her by Lisa Alger. She expressed concern about the gang problem in the area. She urged leadership to take proactive measures rather than reactive ones. She thanked the Lord Family and Connor Jarnagan for their support during the process of implementing new ordinances. She demanded that Gilbert release the records of Rick Keener’s son to the family or their attorney, as they had been waiting since August of last year and there had been no response regarding Conner Jarnagan’s records for the past 4 months. She inquired about the summer plan, as she said issues related to vandalism and community harm persisted. She highlighted statistics across the East Valley, including rising numbers of suicide, teen violence, drug use, sex trafficking, and sex extortion. She discussed the issue of human trafficking and its impact. She mentioned problems at the garages in downtown Gilbert, such as loitering, drug-related 20 activities, and underage drinking. She requested an immediate upgrade to the surveillance cameras at the garages in downtown Gilbert. Charisia Arnold, Gilbert resident, discussed the Gilbert garages and said her children told her that spotters were there. She discussed drinking and drug usage there and said paid parking and validation needed to be added. She said it was a waste of money to have officers sitting at the garage. She discussed an incident of a young man dying at one of the garages. Bhagavan Chintala, not a Gilbert resident, discussed teacher appreciation week, gratitude to all teachers, and how it was observed in the Hindu culture. Stacy Lavalle, Gilbert resident, said as a shareholder she wanted to know why were the communications from citizens comments moved to being last on the agenda. She said what the Council was doing was wrong. Dan Reynolds, Gilbert resident, said he was a retired employee of Gilbert and discussed a presentation Town Manager Banger previously provided on the Office of Digital Government and how that department measured against other cities. He said the information was so positive, it made him question it. He asked who compiled the presentation and information that was presented. He then discussed a Freedom of Information Act (FOIA) request that he said proved staff was spying, adding the Council had a responsibility to look into the legitimacy of the information. He discussed the connection between social media and teen violence. Steve Lavalle, Gilbert resident, discussed a Pierce Coleman report that said the Town did not promote the political agenda of Black Lives Matter (BLM) and that staff did not support the political agenda while using taxpayer funds. He provided examples he said contradicted that. He discussed diversity, equity, and inclusion (DE&I) in the Fire Department and said individual bathrooms were not needed at stations as requested, then said the internal problems started with leadership. 21 Mayor Peterson read a statement stating speakers were continuing to utilize the one-way citizen comment section of the Council meetings to share their opinions regarding the Office of Digital Government and Town leadership and to highlight claims that were investigated by a third party and found to have no merit. She said she was concerned with the potential damage done to Gilbert’s name by a few who highlighted opinions and false claims. She said the community was facing pressing issues and encouraged efforts to move the Town forward in a positive manner. FUTURE MEETINGS There was no discussion. COMMUNICATIONS Report from the TOWN MANAGER. Town Manager Banger reported that the Town held its first-ever Gilbert Community Bike Ride on May 18, 2024; he thanked staff who assisted. Report from the COUNCIL. Councilmember Tilque discussed a staff member whose father was affected by Amyotrophic Lateral Sclerosis (ALS). She said May was ALS Awareness Month and a proclamation would be provided to Mr. Davenport at a later time. She discussed the disease and its effects, then offered best wishes to the staff member and family. Councilmember Bongiovanni said registration for the Parks and Recreation summer program was open online and provided examples of types of activities. He said a Freestone Splash Pass could be purchased as well, then discussed the Gilbert H20 Fest on June 6, 2024 at Freestone Park. 22 Councilmember Koprowski spoke of attending the H20 Fest in 2023 and the new gym equipment at Freestone Recreation Center. She highlighted the Community Bike Ride and participation with the Strazza Family; she thanked the Parks and Recreation and Police Department for their assistance. Report from the MAYOR. Mayor Peterson said on Monday, May 27, 2024, the Town would be hosting a Memorial Day event and encouraged guests to attend. She discussed the Heat Relief Network taking donations through Labor Day and noted heat-related issues from the prior year. She said the Mayor’s Youth Advisory Committee was accepting applications through June 30, 2024. She discussed the end of the school year, congratulated graduates, and encouraged a safe and fun summer break. She discussed a visit from a small delegation of the Gilbert Sister City in Northern Ireland and thanked all who contributed, then congratulated Amy Beyleryan from the Clerk’s Office on her new role in the Public Works Department. ADJOURN A MOTION was made by Councilmember Bongiovanni, seconded by Councilmember Tilque, to adjourn the meeting. Mayor Peterson adjourned the meeting at 9:17 p.m. 23  ATTEST: ___________________________ ___________________________________ Brigette Peterson, Mayor Judy Martinez, Deputy 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 21st day of May, 2024. I further certify that the meeting was duly called and held and that a quorum was present. Dated this ____ day of ____________________2024. ___________________________________ Judy Martinez, Deputy Clerk 24