Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY AUGUST 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 (attended virtually), Yung Koprowski, Kathy Tilque and Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Town Attorney Chris Payne, Police Chief Michael Soelberg, Development Services Director Kyle Mieras, Principal Planner Ashlee MacDonald, Assistant Town Manager Leah Rhineheimer, Economic Development Director Dan Henderson, Intergovernmental Relations Director Rob Bohr, Chief People Officer Nathan Williams, and Assistant Town Engineer Ryan Blair AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:31 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Joel Tetreau of Southeast Valley Bible Church gave the invocation. Councilmember Torgeson and members of the Scouts Troop 280 led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS None. PUBLIC HEARING Mayor Peterson opened the public hearing for items 1, 2, 6, 7, and 8. No one wished to speak and Mayor Peterson closed the public hearing. 1 A MOTION was made by Councilmember Tilque, seconded by Councilmember Bongiovanni, to approve public hearing items 1, 2, 6, 7, and 8, and to continue Item 5 to the August 20, 2024 Council meeting. Motion carried 7-0. 1. LIQUOR LICENSE – conduct hearing and consider approval of a Series 9 Liquor Store Alcohol License for Quick N Shine Car Wash located at 777 South Gilbert Road. This item was approved with the Public Hearing Vote. 2. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Thai Peppers located at 235 East Warner Road, Unit 107. This item was approved with the Public Hearing Vote. 3. TELETRACK WAGERING LICENSE – conduct hearing and consider approval of a Teletrack Wagering Facility Site License for TP Racing LLLP, dba Turf Paradise, at The Porch located at 312 North Gilbert Road. Mayor Peterson opened the public hearing for Item 3. Development Services Director Mieras explained the Teletrack wagering license was similar to a liquor license where the Council would make a recommendation and then it would go to state gaming for their approval. Councilmember Bongiovanni asked what would happen if they voted “no” for the license and would the state still be able to approve it. Development Services Director Mieras stated the license would still be reviewed by the state for the final decision, but the Council could notate certain findings listed on the license. Councilmember Torgeson asked about the criteria listed in the Code to recommend the denial of a license. Development Services Director Mieras reviewed the criteria for denying a license. Vice Mayor Anderson asked if they found an issue with criteria for the license in the future could they bring it back for reconsideration. Development Services Director Mieras stated that the Development Services Director could revoke, suspend, or deny renewal of a license per the Code criteria. Councilmember Torgeson asked what acts of violence may have occurred at that location within the last three months. Police Chief Soelberg recounted an incident where an individual walking by The Porch jumped onto the patio and started a fight with patrons and security. During the struggle, the individual discharged his firearm and was arrested. He added as a business partner within the community, they addressed any trends or issues, whether they were related to gambling, ongoing business activities, or crimes occurring outside of their 2 control. Mayor Peterson noted another incident involving an individual who was not a client of The Porch but was in the vicinity, and The Porch’s address was attached to the report. Paul Gilbert, representative of Turf Paradise, discussed their familiarity with The Porch and noted they already were in business with the Scottsdale location and had no issues. He noted that the staff report showed no reviewing agencies had concerns regarding the application. He added they were very selective of their Off-Track Betting (OTB) operators and if any issues arose, they would remove the OTB location to ensure the best interest of the community. He concluded by stating that if the Council did not approve the license, it would not move forward to the racing commission for approval and that the Council could revoke the license at any time. Councilmember Tilque asked for clarification on the role of The Porch and Turf Paradise and who were they doing business with at that point. Mr. Gilbert stated that The Porch was the location and Turf Paradise ran the OTB. He stated they would have an employee there to manage everything. David Johnson, applicant for Turf Paradise, discussed the business hours and the background check completed on employees. Paul Gilbert added that the average age of participants was 50 years and older. Mayor Peterson closed the public hearing for Item 3. Councilmember Bongiovanni stated he was not comfortable with the location being in the Heritage District. Councilmember Torgeson discussed making a promise to not support strip clubs or off-track betting in the Heritage District. Councilmember Tilque shared a story about her sister’s experience in another state, then discussed trying to understand live betting and what would be the downside. Councilmember Torgeson described what live betting was, then said he made a commitment and would not support it. Councilmember Tilque said she did not have concerns like some of the others. Vice Mayor Anderson stated he did not have concerns, and it could be brought back to the Council for reconsideration if there were issues. Councilmember Koprowski agreed she was neutral. Councilmember Buchli said she did not feel it fit in downtown Gilbert or any area. Mayor Peterson discussed her views and said she could gamble from her phone anywhere, and the Town had more authority to bring it back to the dais if there were issues. A MOTION was made by Councilmember Tilque, seconded by Vice Mayor Anderson, to approve Item 3 with a status report due back to the Council six months after the starting point. Motion carried 4-3, with Councilmembers Bongiovanni, Buchli, and Torgeson casting the dissenting votes. 4. CENTRAL BUSINESS DISTRICT AREA - consider adoption of Resolution No. 4494, designating, Pursuant to House Bill 2721 (2024), a Central Business District in the Municipality and authorize the Mayor to execute the required documents. Mayor Peterson opened the public hearing for Item 4. 3 Principal Planner MacDonald discussed changes in legislation that impacted local zoning and land use policies that focused on housing affordability and availability. She stated there would be bills coming before the Council regarding housing in the next few months and touched on House Bills 2297 and 2720. She stated House Bill (HB) 2721 was to be discussed that evening covering Middle Housing, and the establishment of a Central Business District (CBD), and the bill would become effective on September 14, 2024. She explained the requirements of the House Bill and the proposed area for the CBD an said that, by adopting the CBD, the Town could strategically identify the locations where Middle Housing would be permitted on Single-Family Residential lots. She clarified that the CBD being adopted pursuant to HB2721 did not allow the use of Government Property Lease Excise Tax (GPLET) and covered the rest of the process to support this item. Councilmember Bongiovanni asked if the area would include the Heritage District. Principal Planner MacDonald stated that was her understanding. Councilmember Bongiovanni asked if it was to increase affordable housing. Principal Planner MacDonald said the priority was to increase the availability of housing to impact affordability. Councilmember Bongiovanni asked if there was anything to do regarding how much could be charged for the housing. Principal Planner MacDonald stated that nothing in the legislation spoke to that. Councilmember Bongiovanni asked if people would be able to tear their homes down and build Multi-Family housing on their property. Principal Planner MacDonald stated they would be able to redevelop their property. Councilmember Koprowski asked if the Home Owners Association (HOA) Covenants, Conditions, and Restrictions (CC&Rs) would supersede state laws. MacDonald stated the language in the bill was specific to municipalities and did not speak to HOAs being precluded from having their own rules or regulations. Mayor Peterson commented since the legislation did not address it would they have until January 2026 or September 14, 2024 to include it in HOAs. She referenced the new Accessory Dwelling Units (ADU) law and said if an HOA wanted to address ADU it must be in their CC&Rs and passed by September 14, 2024. Doralise Machado-Liddell, Gilbert resident, discussed a zoning map of the Heritage District and described the zoning types within. She said in 2005 the Town changed the zoning to Single- Family and it greatly affected property owner’s abilities to build on narrow lots. She discussed the Multi-Family housing around her and how she had to get a variance to build a secondary residence that had been granted to other property owners before 2005. She addressed concerns about the bill, stating she reached out to the Town for clarification on HB2721 and requested the Town amend the resolution to include language for Single Family Residential properties within the interior of the Central Business District boundary and that the rights be restored. Mayor Peterson closed the public hearing for Item 4. 4 Councilmember Torgeson stated they should clarify the intent to include the Central Business Quarter and make the clarification that was requested by Machado-Liddell. Councilmember Koprowski noted that the House Bill language was poor and they were voting that evening to designate the Heritage District as the Central Business District. She also wanted to instruct staff to ensure the resolution that was being drafted would be inclusive of the entire Heritage District boundary including the one-mile buffer. Councilmember Bongiovanni was in support of the item. Councilmember Buchli said she supported Councilmember Torgeson’s comments. A MOTION was made by Councilmember Tilque, seconded by Councilmember Koprowski, to approve Item 4. Motion carried 7-0. Resolution No. 4494 was adopted. 5. ZONING Z24-02 - conduct hearing and consider adoption of an Ordinance No. 2910 amending the Land Development Code of Gilbert, Arizona, Chapter 1 Zoning Regulations, Division 5.0 Additional Use and Site Regulations, Section 5.3 Circulation, Parking and Loading, Section 5.3.3 General Provisions, Parking and Loading relating to the deletion of the existing provisions in this section and the addition of language referring to the Gilbert Municipal Code regarding inoperable and abandoned vehicles. This item was continued to the August 20, 2024 meeting. 6. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4495 approving the acquisition of right-of-way and required easements for Parcel No. 304-97-045 for the Concrete Pipe Gravity Sewer Rehab for the negotiated amount of $29,422, Project No. WW1060. This item was approved with the Public Hearing vote. Resolution No. 4495 was adopted. 7. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4496 approving the acquisition of right-of-way and required easements for Parcel No. 304-97-042 for the Concrete Pipe Gravity Sewer Rehab, Project No. WW1060, for the negotiated amount of $79,867.71. This item was approved with the Public Hearing vote. Resolution No. 4496 was adopted. 8. PROPERTY ACQUISITION – conduct hearing and consider: a) adoption of Resolution No. 4497 approving the acquisition of real property and required easements for well testing and well development for CIP Project No. WA1612 Well Site 39 for the negotiated amount of $1,268,156, plus acquisition and closing costs; and 5 b) authorize the Town Manager and Town Attorney to take all actions necessary to carry out the purchase agreement in accordance with its terms and intent. This item was approved with the Public Hearing vote. Resolution No. 4497 was adopted. 9. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 324000070 with Capital Guard and Patrol increasing the contract amount by $160,000 for unarmed security guard services for two parking garages, and authorize the Mayor to execute the required documents; and b) a General Fund contingency in the amount of $160,000 for FY 2025 to cover the annual cost of the added unarmed services. Mayor Peterson opened the public hearing on Item 9. Police Chief Soelberg presented on the Heritage District Parking Garage Security contract. He discussed the number of people that visited the two public garages in the Heritage District with the highest frequencies being on the weekends. He spoke of the patrol and bike teams assigned to that area and shared the different calls for service they received in the area. He gave a review of the upgrades made at the garages and the recommendation from the stakeholder team for a 12-month pilot program for unarmed security at both garages with the ability to terminate with a 7-day notice. Councilmember Koprowski questioned if the unarmed security would have access to the surveillance cameras at the garages. Police Chief Soelberg stated they would be able to view those during their shifts, and they were working out details on how to live-view into the surveillance systems. He mentioned that each of them would patrol the garages, moving between floors in their vehicles, and would contact dispatch if they required police assistance. Councilmember Koprowski asked what metrics would be used to measure the success of the program from start to finish. Police Chief Soelberg said they were focused on crime, calls for service, types of incidents reported, the walk around, and needed contacts. Charisia Arnold, Gilbert resident, discussed the issues that were happening at the garages and the concern that people would not respect security guards the way they would a police officer. She wanted to know how the Council would address situations where the bike officers were off at 11 p.m. and the security team was not present but minors would be hanging out in the garages after those hours. Mayor Peterson responded that it was difficult for them to patrol every inch of the Town at any given time; she stated they had to use the data and the data showed when the majority of the people were in the parking garage. Charisia Arnold suggested they charged for parking and allowed for parking validation if people ate at a restaurant and they could eliminate the yearlu cost of security. Mayor Peterson addressed the comment by stating that the Council had always determined to keep those parking structures free because it brought people downtown 6 and allowed them to spend time and money at the businesses there. Mayor Peterson added they had a contract with Culinary Drop Out to provide valet parking in that parking structure; she did not think that charging a fee would stop people from going into the garages. Charisia Arnold reiterated that if the garage had paid parking, they could select a time when they could not enter the garage but the customers still inside could drive out. Arnold asked if a cost comparison had been completed regarding adding the paid parking over the unarmed security. Mayor Peterson stated that she was not interested, nor had there been any interest from the Council in the past, in making the garage paid parking. She added there would have to be an interest for them to direct staff to look at what that cost might be. Brigette Vega, Gilbert resident, requested that before they voted that evening they listen with open arms and ears and not approve the item. She asked if the current security could be reassigned to the Heritage District instead of granting them more money for two more security guards and two vehicles. She suggested implementing a curfew or adopting Queen Creek's downtown policy of 16 at 6. She asked if the funds could be used for cameras to monitor and for suicide prevention nets, license plate readers, and K-9 dogs to sniff out drug runners. Ann Doucette, Gilbert resident, stated she had voiced concerns about the safety issues at the Gilbert Garage before. She spoke about an incident where a teen lost their life and asked if the Council had reached out to the family. She asked what steps were being taken to ensure that an incident like that did not happen again. She added that the community demanded transparency, accountability, compassion, and responsiveness from the elected officials. She concluded with a request to listen to the voices of the citizens and let that tragedy not be in vain. Councilmember Bongiovanni asked if there would be an increase or decrease in cost if they just continued with the visual during those hours instead of the guards. Police Chief Soelberg stated it was still an option to just visually look at the camera, but there were concerns with the compatibility of the active response they offered. Chief Soelberg added they would need to install additional cameras because they would not be able to use cameras to do the active response, adding the original contracts were for security guards at Muni I and Muni II and they could monitor cameras while there. Councilmember Bongiovanni asked about loitering and what would happen if officers saw kids in the garages. Soelberg said it would not be loitering; they would enforce it as a Town Ordinance that covered parking garages. Soelberg stated it would be a violation of the Town Ordinance for the parking restrictions and they would advise the individuals to move on, adding the officers used common sense when evaluating the situation. Soelberg further explained different scenarios that officers may encounter and how they would handle them and enforce the ordinance. Councilmember Bongiovanni stated he would like to review that ordinance in the future to ensure it was meeting the needs of the community and helping officers. Police Chief Soelberg discussed a log they kept on people who had trespassed and who they had kicked out but not entered in the log. He explained the log was for repeat offenders who had committed crimes there before and returned. Town Attorney Payne explained what a 7 prohibition on returning to the area meant and that it typically would be for six months or a year. Councilmember Bongiovanni asked if there was an ordinance that referenced the detainment of teenagers. Police Chief Soelberg explained that there was no ordinance but there was a state law.; he stated they would have to have justification to detain someone whether it was regional suspicion or probable cause. Soelberg explained that detention did not always mean in custody and they needed probable cause to make an arrest. Councilmember Bongiovanni asked if breaking curfew and hanging out at the top of the garage would be probable cause. Police Chief Soelberg stated that would be a violation of the ordinance and they could be detained. Councilmember Buchli asked if the Town had a curfew for teenagers and if any arrests were made or parents were called. She added if it was not working, she would like to see it enhanced to where it would work. Police Chief Soelberg explained the ordinance parameters for the curfew and the exceptions to those rules. He added that they would pull the curfew data and share it with her. Councilmember Buchli shared her recommendations for changes to the curfew to help with the current issues. Mayor Peterson suggested a Study Session for curfew and data regarding curfew. Discussion was had by the Councilmembers on what data they wanted at the Study Session. Police Chief Soelberg stated he would get started on gathering that information for a Study Session. Discussion was held among the Councilmembers sharing their support and concerns for the contract and options they would like staff to evaluate as a long-term solution. Police Chief Soelberg answered questions about the contract, the security guard duties, and possible alterations that could be made. Assistant Town Manager Rhineheimer explained the advanced technology options for the contract if the Council wanted to make changes. Mayor Peterson closed the public hearing on Item 9. A MOTION was made by Councilmember Buchli, seconded by Councilmember Tilque, to approve public hearing Item 9 as a six-month contract to include a monthly update to the Council. Motion carried 7-0. The meeting recessed at 8:34 p.m. and reconvened at 8:44 p.m. 10. COUNCIL ADMINISTRATION - consider adoption of Resolution No. 4498 determining that the Town shall not pass any resolution or ordinance approving any agreement establishing a lease of Town property that provides for payment of Government Property Lease Excise Tax (GPLET) pursuant to A.R.S. §42-6201 or designating a Central Business District within the Town for purposes of A.R.S. §42-6209. Mayor Peterson opened the public hearing for Item 10. 8 Economic Development Director Henderson stated during the adoption of the Northwest Gilbert Redevelopment Area, citizen concern and outreach indicated that the community’s preference was to not use Government Property Lease Excise Tax (GPLET) on any Town-owned parcels. He said a specific concern was the provision to which the excise tax rate could be abated for the first eight years after a Certificate of Occupancy on the building, if located within a Central Business District and Redevelopment Area. He said Gilbert had never used, nor did it plan to use, GPLET abatement tools. He added that to address concerns and clarify intent, staff was requesting the Council’s support in removing any potential use of GPLET or tax abatement, under statute. He then stated the requirements for the designation of a Central Business District, within House Bill (HB) 2721, they were recommending the adoption of a resolution restricting the use of GPLET tax abatement on government-owned properties. He provided information from Arizona Revised State (ARS) § 42-6209 that authorized and incentivized the use of GPLET, then provided an example of how a government may use the provision. He restated GPLET was not a tool used by Gilbert. He spoke of Gilbert’s Heritage District Redevelopment Area and Northwest Redevelopment Area. Director Henderson said there was new legislation proposed with HB2721 that required municipalities with a population of 75,000 or above to adopt regulations related to Middle Housing such as duplexes, triplexes, fourplexes, and townhomes. He said as a first step to the implementation of the new statute, the Town was also seeking to adopt a Central Business District to identify the area where Middle Housing would be authorized by right on properties zoned for Single Family (SF). He said the Heritage District was being proposed as the Central Business District under the new legislation. He provided examples of what HB2721 would allow under ARS § 9-462.10, noting it was defined very differently than ARS § 42-6209 and could not be used for tax abatement of any kind, including GPLET. He restated the recommendation was the adoption of a resolution restricting the use of GPLET tax abatement on government-owned properties. Councilmember Bongiovanni asked for clarification that it meant no special deals for people. Economic Development Director Henderson stated that was correct. Doralise Machado-Liddell, Gilbert resident, said she was supportive of the item, tax revenue was needed in the Heritage District, and residential property owners should not incur the burden of those taxes. Mayor Peterson closed the public hearing for Item 10. A MOTION was made by Councilmember Tilque, seconded by Councilmember Buchli, to approve Item 10. Motion carried 7-0. Resolution No. 4494 was adopted. Resolution No. 4498 was adopted. 11. COUNCIL ADMINISTRATION - consider adoption of Resolution No. 4499 adjusting compensation for the Mayor and Councilmembers, establishing an effective date of January 2025, and providing for automatic adjustments based on market conditions. 9 Mayor Peterson opened the public hearing on Item 11. Intergovernmental Relations Director Bohr reviewed the state laws and local codes that would guide their decision for Mayor and Council salary. He explained the duties and roles that the Mayor and the Council were responsible for completing including being on several boards. Chief People Officer Williams gave a presentation that covered the historical data on Mayor and Council salaries with the Town of Gilbert. He discussed the benefits available to them including health and dental. He explained what the State Benchmark Data was and how it was used to help determine salaries for the Mayor and the Council and included the salaries from local municipalities. He concluded that different adjustment and future increase scenarios could be used to determine salaries. Scott Figgins, not a Gilbert resident, said he was speaking on behalf of United Mesa Fire Fighters Local 2260 which represented firefighters from across the East Valley. He asked the Council to consider benchmarking for themselves and future generations. He stated that Gilbert was behind in pay, and the time they delivered to the community was more than a part-time position suggested. He added that competitive pay would attract and retain exceptional employees and had a positive impact on motivation and productivity. Brigette Vega, Gilbert resident, stated it was not the time for pay raises and demanded an external audit including Human Resources (HR) practices. She said they would rather see the money be used for trauma-informed training and counseling for the leadership. She requested money for awareness, prevention, and community engagement events to create a safer community. Becky Schonscheck, Gilbert resident, said it was time to speak up, especially when it came to taking more taxpayer dollars. She commended those present in the audience who she credited for keeping teen violence at the forefront of the community, then said she was disappointed in the Council for not keeping the community safe. She discussed healing, government control, and how people were unable to govern themselves and expected the government to step in like parents. She concluded that she did not think an increase would help, then prayed for forgiveness and for the Council. Ann Doucette, Gilbert resident, stated she was not certain a pay increase would solve issues she had seen with the Council. She spoke of how public service was about giving back to the community with a heart full of passion and vision for positive change, not by the allure of a paycheck. She spoke against the pay raise and stated they should focus on finding individuals who embodied the spirit of public service and were not expecting substantial financial compensation. Charisia Arnold, Gilbert resident, asked Councilmember Torgeson about a statement in the newspaper that implied he had put the pay raise item on the agenda without the rest of Council 10 being aware. Councilmember Torgeson stated that was incorrect and it had been discussed, and they had intended for it to be effective for the incoming candidates; he added that it took three people to put it on the agenda and he had made the motion. Charisia Arnold asked who were the other two people involved. Councilmember Bongiovanni stated that he was part of that and it had been discussed eight months prior and five people had wanted to have it discussed before the election. Bongiovanni said that somehow staff had been directed not to follow up with them and they had not realized that before the budget. They had intended to have it discussed and debated before anyone became a candidate for the election. Charisia Arnold said from the public’s standpoint on how it was presented at the prior meeting, it made it difficult for the community members to support those kinds of issues. Richard Young, Gilbert resident, spoke in favor of raising the Council’s salary but said they could do so by getting rid of the Town’s Diversity, Equity, and Inclusion (DE&I) Program. He provided a handout that he said was given out by the Town’s new employees, then asked the Council to look into the program and its effects. Councilmember Torgeson asked for a copy of the handout. Doralise Machado- Liddell, Gilbert resident, spoke in favor of reasonable salary increases and stated the three possible resolutions were confusing. She stated she had seen consultants consulting other consultants and thought that money was better spent on paying the Councilmembers more. She also spoke on reducing the slush fund from $100,000 to $70,000 or $50,000 to reduce costs. Tammy Smull, Gilbert resident, spoke in support of reasonable salary increases and defined what reasonable was to Town of Gilbert residents. She stated there was no evidence for how the raises would be paid, but said there had been talk about contingencies or market adjustment amounts. She said covering salaries with a contingency amount post-budget approval was poor accountability and a disingenuous use of a slush fund. She was not in favor of making staff increases automatic and asked for the salary increases to be reasonable. Steve Berman, Gilbert resident, was in favor of pay increases for the Council. He stated they were not paid enough and it was difficult to work a full-time job and be a Mayor. He gave examples of past Mayors who had to quit full-time jobs because they could not do both jobs. He advocated for paying the Mayor and Council what they were worth and supported cost of living adjustments for them whenever employees received similar increases. Aaron Accurso, Gilbert resident, said elected officials were public servants, which required sacrifice. He said as a person seeking an elected office, Gilbert’s citizens expected everyday people to represent them and those doing service for service's sake, not professional politicians. He asked the Council to vote no on the increase. Scott September, Gilbert resident, said serving was an act of service and civic calling that people could choose to answer, not a replacement for a primary vocation. He expressed disagreement that serving on the Council was only available to the wealthy, business owners, or retired. He 11 said Gilbert had the lowest fees and taxes, no primary property tax, highest level of service, highest credit rating available to a jurisdiction, highest median income, and was the second safest city, all accomplished with some of the lowest paid Councilmembers. He said there was no nexus between compensation and better government, nor was there a return on investment schedule for service to the community. He said if the Council decided to increase compensation, he hoped it was modest and effective after the current terms of those making the vote. Jared Taylor, Gilbert resident, encouraged the Council to vote no on the increase or to lower pay He said the Council he served on did not know about an increase they received, and they immediately lowered them again because it was about service and opportunity, honor, and trust. He said an elected office was a sacred honor by oath and not a job, then compared it to historical figures. He discussed the separation of power, adding that combining a position of power with money did bad things to good people. Les Presmyk, Gilbert resident, discussed his experience serving on the dais as a member of the Planning Commission and Town Council. He said they never considered the financial rewards. He discussed commitment and knowing the salary when someone took their oath. He said he was in favor of a salary increase using either the five comparable cities or the cost of living. He discussed the budget process and asked why was the issue not raised at that time, stating it was not a case of burying the issue. He asked that changes not be effective until January 2027. Mayor Peterson closed the public hearing on Item 11. Councilmember Torgeson requested to discuss and vote on the proposed compensation adjustments for the Councilmembers and the Mayor separately. Vice Mayor Anderson indicated he would be abstaining from the discussion and vote on the compensation for the Office of Mayor. With regard to the discussion regarding salary adjustments for the Office of Councilmember, Councilmember Torgeson made a motion to take the top seven municipalities, minus Gilbert as benchmarking; Councilmember Bongiovanni seconded the motion. Discussion ensued. Councilmember Tilque asked for clarification. Chief People Officer Williams clarified that was based on the 6 biggest cities with Gilbert excluded for a Councilmember salary of $47,266. Councilmember Tilque said she thought basing it on the five most comparable populations was best because the top six were bigger and perhaps more complex. Vice Mayor Anderson supported the 15-year Consumer Price Index (CPI) Growth option. Councilmember Koprowski agreed with Councilmember Tilque and was in favor of either the 15-Year CPI or five most comparable population options. Mayor Peterson suggested voting on the motion on the floor before proceeding with more discussion. 12 A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to adopt Resolution No. 4499 approving the adjustment option “Based on 6 Biggest Cities with Gilbert Excluded” for a Councilmember salary of $47,266. Motion failed 3-4, with Councilmembers Bongiovanni, Buchli, and Torgeson casting the assenting votes. The Council considered the option of the Based on 15-Year CPI Growth. Councilmember Buchli said they were taking something from 15 years ago with numbers that never changed, adding that today was very different than it was then. She discussed inflation and said the current Council had expended more than other Councils, then addressed other frustrations including those she said were diminishing the work of the Council. Councilmember Bongiovanni said he wanted to correct the record if anyone thought he had blamed staff. He discussed the long length of Council meetings as a result of an active, prepared Council. He discussed the positive effects of conflict and said a Councilmember’s pay should make them feel guilty for not doing their job. He discussed his experiences with serving on the Council. Councilmember Torgeson discussed the hours dedicated to serve and the associated costs. He outlined his own experiences while serving and discussed uninformed opinions. He spoke of the importance of having people who believed in service, but said it should not be diminished to zero. He addressed a lack of value expressed by some toward those serving on the dais, then said it was completely appropriate to hold Council at the benchmark that they held staff to. Councilmember Koprowski said the first thing to consider was the effective date if there was an increase. She said she felt the topic had merit, looking at it as an employer with an employee position that had a salary freeze for over 15 years. She recommended benchmarking with the cities of the five most comparable populations, then discussed the 15-year CPI growth option, which she said was in the same range and that gave validation that it was fair and reasonable. She said if the Council chose one of those increase options, they would still have a below- average rate per resident compared to other cities in the Maricopa County region. She said the third point to consider was the scenario of adjustment for future years, adding she would support future increases by using the latest available cost of living metrics every two years for Councilmembers. Vice Mayor Anderson discussed an article about uncontested city races that left voters with little to no options. He said over 60% of Council seats across the country were running unopposed, then said one of the top reasons cited was pay. Mayor Peterson spoke of reasons others had told her they would not want to run for Council, then discussed negative Gilbert politics and listed examples of things she said were made up about her and other candidates. She said she did not care about the salary, did not take the offered benefits, paid for much of her travel, and gave money back to the community. She said she was proud to say Gilbert was one of the lowest-paid Councils in the state, then discussed 13 Gilbert’s achievements. She noted her experience serving, time spent, and reasons for not continuing to serve on the Council, concluding that she would not support an increase. Councilmember Bongiovanni noted the empty spots on his ballot and spoke of the need to have more quality candidates. He restated his reasoning for an increase and spoke of the time required to serve in the role. Mayor Peterson said they could not pay someone more to do a better job if they were serving for the right reasons. The Council discussed effective date options. Town Attorney Payne clarified that it would not be January 1st, rather the beginning of the new term for the new members, regardless of the year they chose. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Bongiovanni, to adopt Resolution No. 4499 approving the adjustment option “Ten Benchmark Cities” beginning in January 2025, and examine every two (2) years against those benchmark cities for Councilmembers. Motion failed 3-4, with Councilmembers Bongiovanni, Buchli, and Torgeson casting the assenting votes. Vice Mayor Anderson motioned to approve the increase option based on 15-year CPI growth. Discussion ensued. Councilmember Tilque asked if there would be a public discussion for adjustments. Town Attorney Payne said it would be automatically done by the People Team and would go into effect every new term for Councilmembers, in January of every odd year. Councilmember Tilque asked about the Council having the option to bring it back for discussion, possibly in a public hearing, or to change the formula. Town Attorney Payne said a new Council could do that at any time or it could be revisited or rescinded, but otherwise, it was an automatic adjustment every two years based on CPI. Mayor Peterson said that is what happened in 2017- 2018; the Council was unaware and then removed the CPI with one resolution and vote. A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Koprowski, to adopt Resolution No. 4499 approving the adjustment option of “Based on 15-year CPI Growth", in the amount of $31,749.00 per year, effective beginning the first full Town employee pay period occurring after the date of the first Town Council meeting in January 2025, with automatic adjustments every two (2) years, for the office of Councilmember. Motion carried 5- 2, with Mayor Peterson and Councilmember Buchli casting the dissenting votes. Vice Mayor Anderson recused himself and left the dais for the discussion regarding salary adjustments for the Office of Mayor. A MOTION was made by Councilmember Koprowski, seconded by Councilmember Bongiovanni, to adopt Resolution No. 4499 approving the adjustment option of “Based on 15-year CPI Growth”, in the amount of $57,149.00 per year, effective beginning the first full Town employee pay period occurring after the date of the first Town Council meeting in January 14 2025, with automatic adjustments every four (4) years for the office of Mayor. Motion carried 5-1-0, with Mayor Peterson casting the dissenting vote and Vice Mayor Anderson abstaining. Councilmember Koprowski summarized that the annual financial impact for those salaries combined would be $77,940. CONSENT CALENDAR A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Tilque, to approve Consent Items 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 24A, 25, 26, 27, and 29; and remove Items 17, 18, 19, and 28 from the Consent Calendar. Motion carried 7-0. 12. INTERGOVERNMENTAL AGREEMENT – consider approval of a) Intergovernmental Agreement No. 319000139 with Arizona Game and Fish Commission to stock fish for five (5) municipal lakes, and authorize the Mayor to execute the required documents; and b) a General Fund contingency in the amount of $35,198 for the continuation of the fishing program. This item was approved with the Consent Calendar vote. 13. AGREEMENT – consider approval of Agreement for Services Agreement No. 324000389 with Aqua Metrology Systems (AMS) in an amount not to exceed $741,516.40 for a period of five years for the Annual Maintenance for Monitoring Analyzers, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000442 with Galls, LLC utilizing Sourcewell Cooperative Purchasing Contract No. 011124 in an amount not to exceed $250,000.00 annually for Fire Department Uniforms, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000444 with 030530 Uniforms LLC, dba Ace Uniforms of Phoenix, utilizing City of Chandler Cooperative Purchasing Contract No. FD3-200-4486 in an amount not to exceed $250,000 annually for fire department uniforms, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 15 16. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 324000443 with Matlick Enterprises, dba United Fire Equipment Company, utilizing City of Scottsdale Cooperative Purchasing Contract No. 22RP040, in an amount not to exceed $250,000 annually for the purchase of Fire Department uniforms, materials, and/or equipment, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. CONTRACT – consider approval of Architectural/Engineering (A/E) Service Contract for Design-Bid-Build (DBB) Project Contract No. 324000341 with Sunrise Engineering, LLC in an amount not to exceed $540,217 for Engineering Design Services for Project No. WA1625 Desert Sky Utility Improvements, Project No. WA1640 Fire Flow Improvements Phase 1, and Project No. WA1643 Fire Flow Improvements Phase 3, and authorize the Mayor to execute the required documents. Councilmember Torgeson asked for reassurance that, by approving, the Town was not agreeing to anything, such as a “claw back”, responsibilities, reporting, etc. Assistant Town Engineer Ryan Blair answered that the Council had already approved the grant and there were no stipulations. He added staff was following the Town’s policy and guidance for grants. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Tilque, to approve Item 17. Motion carried 7-0. 18. CONTRACT – consider approval of Project Management/Construction Management (PM/CM) Services Contract for Construction-Manager-At-Risk (CM@R) Project Contract No. 325000007 with Wood Patel in an amount not to exceed $585,825 for the Regional Park Drive Extension, Project No. PR1342, and authorize the Mayor to execute the required documents. Councilmember Torgeson asked for the responsibilities for the CM@R contract and explanation of the amount that was associated with it. Assistant Town Engineer Ryan Blair stated the project was associated with the Ocotillo Road Project, ST0540, to extend the ingress and egress off of the bridge into the park area. He said the item was an additional contract for construction management services and was in relation to Item 19 as well. He explained that Town staff managed the PM/CM consultant who was in charge of the entire construction process, including inspections, and was also in charge of the general contractor. He added in terms of Item 19, the same consultant went through the design phase and a change order was needed to get through the entire project. Councilmember Torgeson asked for confirmation that it was not an increase; it was already anticipated in the budget. Assistant Town Engineer Blair affirmed. 16 A MOTION was made by Councilmember Tilque, seconded by Vice Mayor Anderson, to approve Items 18 and 19. Motion carried 7-0. 19. CHANGE ORDER – consider approval of Change Order No. 1 to Contract No. 322000419 with Wood Patel increasing the contract amount by $2,571,215 for Ocotillo Road Improvements, Greenfield to Higley, Project No. ST0540, and authorize the Mayor to execute the required documents. This item was approved with Item 18. 20. CHANGE ORDER – consider approval of Change Order No.2 to Contract No. 319000081 with Justice Systems Inc. increasing the contract amount by $192,750 for electronic case management systems in FY 2025, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 320000262 with Brown and Caldwell, Inc., increasing the contract amount by $267,275.60, for Site 20 - New Reservoir - Reservoir Rehabilitation and Direct Well, Project Nos. WA1230/WA0810, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 22. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 323000117 with Legend Technical Services of Arizona, Inc. increasing the contract amount by $37,000 for Compliance Water Quality Testing and Laboratory Services, 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. 2 to Contract No. 320000051 with Commercial Management Services, dba Service Link Commercial increasing the contract amount by $13,752.24 for custodial services for Vaughn Avenue parking structures, 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. 1 to Contract No. 324000020 with Roadrunner Paving & Asphalt Maintenance increasing the contract amount by $115,246.47 for asphalt parking lot maintenance at six (6) municipal parks, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17 24A. CHANGE ORDER – consider approval of change Order No. 3 to Contract No. 320000194 with Versaterm increasing the contract amount by $2,983,538.89 to consolidate all the services provided by Versaterm under one contract and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 25. GRANT – consider: a) application and acceptance of a grant, Contract No. 323000241, from the State of Arizona SB 1712 funding for three years for $297,679.85; and b) Grant Fund contingency in the amount not to exceed $246,831.92, for FY 2025 and FY 2026, in acceptance of the State of Arizona SB 1712 funding - Contract #323000241. This item was approved with the Consent Calendar vote. 26. GRANT - consider adoption of Resolution No. 4500 supporting the application and acceptance of the Maricopa Association of Governments' (MAG) Design Assistance Program, and authorize the Town Engineer to execute the required documents of: a) Loop 202 Multi-use Path; Val Vista Dr. to Cosmo Park, Contract No. 325000004, in the amount of $250,000 for multi-use path improvements; and b) Consolidated Canal Regional MUP Gap Analysis, Contract No. 325000005, in the amount of $120,000 for multi-use path improvements. This item was approved with the Consent Calendar vote. 27. RISK MANAGEMENT - consider acceptance of the Risk Management Quarterly report for the Fiscal Year 2023-2024 Quarter 4. This item was approved with the Consent Calendar vote. 28. RISK MANAGEMENT - consider authorization of the Town Manager and Town Attorney to initiate litigation against Brundrett Properties, Inc. if necessary to enforce its rights under the easement. Councilmember Torgeson stated his questions were answered prior to the meeting. A MOTION was made by Councilmember Torgeson, seconded by Vice Mayor Anderson, to approve Item 28. Motion carried 6-0; Councilmember Buchli was not present during the vote due to technical difficulties. 18 29. MINUTES – consider approval of the minutes of Regular Meeting of June 18, 2024, Study Session of June 18, 2024, and Special Meeting of June 17, 2024. This item was approved with the Consent Calendar vote. ADMINISTRATIVE ITEMS 30. COUNCIL ADMINISTRATION - consider adoption of the Council meeting schedule for Calendar Year 2025. Mayor Peterson discussed efforts and considerations with scheduling the meetings. A MOTION was made by Councilmember Koprowski, seconded by Councilmember Tilque, to approve Item 30. Motion carried 6-0; Councilmember Buchli was not present during the vote due to technical difficulties. 31. COUNCIL ADMINISTRATION - Discussion and update from the Community Engagement Task Force. Councilmember Tilque discussed the number of members and alternates assigned to the Task Force. She said their first meeting in June 2024 focused on providing mandated training and setting the stage for the next meeting. She said a survey was given to the members to suggest topics of discussion, then noted the teen survey results that were completed by an outside group would not be available for the Task Force to review as early as expected. She said the August 2024 meeting would focus on teen violence data and resources, as well as selecting a chair and vice chair. She noted the work of the Council liaisons who would meet with the school boards and said she would provide a monthly update. 32. COUNCIL ADMINISTRATION - consider adoption of Resolution No. 4501 supporting a public vote approving the Municipal Incorporation of that certain area known as: “San Tan Valley, Arizona.” Mayor Peterson discussed the process needed for the incorporation of San Tan Valley to be a ballot measure. She said the proposed Gilbert resolution would only indicate the Town of Gilbert was not opposed to San Tan Valley moving forward with that process, should they choose to. Vice Mayor Anderson noted there was an individual who wished to speak on the item, and it was normally not allowed for Administrative Items. Mayor Peterson informed the requestor, Adrien Litton, that he could speak on the subject during the Communications from Citizens portion of the meeting if he chose to. Councilmember Bongiovanni stated he attended a presentation on the possible incorporation of San Tan Valley with Councilmembers Buchli and Torgeson, adding it was exciting to see the 19 area go through that process and he was in support of it. Councilmember Torgeson agreed it was interesting, then said San Tan Valley was the largest unincorporated census designation in the country, with about 91,000 people; he discussed areas that they chose to not incorporate and the struggles ahead for them. Mayor Peterson noted prior attempts made in the area to incorporate, then noted it would add another city/town to the state and would impact state- shared revenue. Councilmember Buchli said she was impressed with the dedication of the group and she was fully in support of the incorporation. A MOTION was made by Mayor Peterson, seconded by Councilmember Torgeson, to approve Item 32. Motion carried 7-0. Resolution No. 4501 was adopted. The meeting recessed at 11:06 p.m. and reconvened at 11:15 p.m. COMMUNICATIONS FROM CITIZENS Adrien Litton, not a Gilbert resident, completed a card to speak on Administrative Item No. 32, but was not present to speak during this portion of the meeting. Jen Jones, Gilbert resident, said her barn was burned down on July 3, 2024, and it could have been prevented had the police department investigated other alleged crimes in the Morrison Ranch area. She discussed efforts made by others to report crimes including throwing fireworks. She said the police department’s response was that there was not enough proof to link the crimes, which she said was false. She said she provided the police with a list of 12 youths involved in her incident, then questioned another incident where only one boy was charged. She asked why parents were not being believed when they could identify the youth involved. Dan Lundell, Gilbert resident, said there was a pattern of violence and harassment by a group of boys who identified themselves as “The R. Kelly Gang”. He said the behavior culminated in the arson and reckless endangerment of 10 children on July 3, 2024, at the Jones’ barn. He said his daughter and friends were victims of that same group of boys resulting in several police reports being filed. He said after the barn fire, there was a news segment of a similar incident where a police department spokesperson said the investigation was closed because the homeowner declined to press charges; later that homeowner said she was never asked, never declined to press charges, and believed an investigation was being conducted. Lundell said once the reporter shared that information with the police department they claimed there was some type of paperwork mix-up. He then discussed another incident of a student who reported an alleged crime and spoke to a Student Resource Officer (SRO); the SRO routinely used a body-worn camera (BWC) but had no footage of those interactions when a request was submitted. He discussed efforts of coverups and asked staff to work with the public who were there to support the police department and wanted to engage with them. Bridget Vega, Gilbert resident, had time donated to her by Ann Doucette. She spoke of failing as a society, the need to trust in a higher power, and for the Council to have humility and seek 20 self-improvement in order to heal communities. She noted various types of crimes and said she prayed for justice for the youth. Charisia Arnold, Gilbert resident, spoke of how she felt hearing Councilmembers talk about the abuse they had endured while serving when her daughter had suffered abuse, assault, and bullying. She said other children had been beaten and some were sent away to live elsewhere, then spoke of a barn fire incident. She said there were repeated threats to harm children and many of them felt defenseless. She asked how a group of parents fighting for victimized children could be considered rowdy and abusive. She then said there was a conflict of interest regarding a town staff member whose nephew was arrested in the barn fire incident and who identified himself as a “certified Gilbert Goon”. Doralise Machado-Liddell, Gilbert resident, offered the following suggestions: (1) have staff at the Heritage District parking structures park on the top floor with a parking pass that security staff could observe; (2) clean, wash out, and remove graffiti throughout the garages on top to start anew; (3) a security log could be provided to the Police Chief weekly of activity at the garages which could be presented to the Council; and (4) remove the redundancy of having study sessions for items that would be voted on during a regular meeting. She added that she did not like the public comment being at the end, and that it took a long time to get to that point of the agenda. Councilmember Torgeson directed staff to speak to resident Jen Jones. FUTURE MEETINGS No discussion. COMMUNICATIONS Report from the TOWN MANAGER. Town Manager Banger introduced Police Chief Soelberg who provided crime statistics. Police Chief Soelberg discussed Back to School Outreach Efforts, noting Student Resources Officers presence at various schools. He said they focused on elementary schools, noting that officers were there to provide familiarity with students, parents, and faculty as they arrived and provided school safety tips. He discussed the Exceptional Service Award given to Officer John Kramer by the National Association of School Resource Officers and stated they were recruiting for a Youth Community Engagement Officer, then noted the responsibilities of that position. He reviewed the Police efforts in Morrison Ranch giving a detailed report of their efforts over the last four years and the ongoing challenges within the community regarding unreported crimes. He introduced and explained the online reporting system available for immediate public use. 21 Town Manager Banger congratulated Fire Chief Duggan for winning the 2024 Gilbert Leadership Alumni Award presented by the Gilbert Chamber of Commerce. He then discussed the global CrowdStrike cybersecurity event in July 2024. He recognized the Fire and Information Technology (IT) Departments for their quick response and offering solutions to prevent impact to residents. Report from the COUNCIL. Councilmember Bongiovanni highlighted Gilbert’s Last Splash at Mesquite Aquatic Center, adding the event would be free and required no registration. He announced communication boards were added to Freestone Recreation Center and to Gilbert Regional and Circle G Parks to support nonverbal children with communication and encourage peer-to-peer interaction, social skill development, hand-eye coordination, and problem-solving with the use of pictures. Councilmember Torgeson discussed the purpose of the Heritage District Meetup and said the next meetup would take place on August 21, 2024, at 8:00 a.m. He said the events were well- attended, community-building, and informative. Councilmember Koprowski announced that approximately 300 helmets of various sizes, styles, and colors were available for free and could be picked up at one of the five following locations during their normal business hours: Freeride Bike Co., Global Bikes, Bike Masters, Pedego Electric Bikes, and NControl Driving School. She said those efforts were achieved through collaboration with Town staff, the Gilbert Police Department, Gilbert Public Schools, and the Gilbert Parks and Recreation Foundation through community donations and grants from Dignity Health. She noted the initiative was in response to a rising number of motor vehicle collisions involving bicycles, electric bikes, and electric scooters. Councilmember Koprowski stated the Gilbert Symphony had four concerts scheduled for the upcoming calendar year and were currently seeking sponsorships to help pay for the venue rental. She noted they hoped to keep the events free and they were part of the dementia-friendly community initiative, then said more information could be found at gilbertsymphony.org. Councilmember Bongiovanni expressed appreciation to Councilmember Koprowski on the bike and helmet initiative. Councilmember Buchli said the Discover Gilbert Team would represent Gilbert at the Arizona Governor’s Conference on Tourism, which served as a platform for communities across the state to exchange best practices. She noted Gilbert’s remarkable growth and ongoing tourism initiatives. Councilmember Tilque announced there would be a Family Advocacy Center Open House on August 13, 2024, from 6:00-8:00 p.m. at Gilbert Town Hall. Report from the MAYOR. 22 Mayor Peterson reported on the unofficial election results, noting that Scott Anderson was elected as Mayor and Monte Lyons was elected for one of the Council seats at the Primary Election. She noted the remaining Council seat would be on the General Election ballot on November 5, 2024, with Aaron Accurso and Kenny Buckland in the runoff. She noted the Town Council Meeting was scheduled for Tuesday, August 13, 2024 to canvass the election result; during the meeting, certificates of election would be presented to Anderson and Lyons, and candidates Accurso and Buckland would receive letters of nomination. Mayor Peterson provided an example of the meetings and events she attended from mid-June to early August during her six weeks “off” to demonstrate the time it takes to serve. She congratulated Fire Chief Duggan for his Gilbert Leadership Alumni Award, then recognized Police Officer John Kramer, a Student Resource Officer at Payne Junior High, for receiving an Exceptional Service Award, presented by the National Association of School Resource Officers (NASRO). She said the Town Council would host a special meeting on August 13, 2024, at 5:00 p.m. to canvass the 2024 Primary Election results. ADJOURN Mayor Peterson adjourned the meeting at 11:45 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 6th day of August, 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 23