Council Regular/Special Meeting

MINUTES OF THE GILBERT TOWN COUNCIL, IN REGULAR MEETING OF TUESDAY, OCTOBER 22, 2024, AT 6:30 PM, MUNICIPAL BUILDING I, COUNCIL CHAMBERS, 50 E. CIVIC CENTER DRIVE, GILBERT, ARIZONA COUNCIL PRESENT: Mayor Brigette Peterson, Vice Mayor Scott Anderson, Councilmembers Chuck Bongiovanni, Bobbi Buchli, Yung Koprowski, Kathy Tilque and Jim Torgeson COUNCIL ABSENT: None STAFF PRESENT: Town Manager Patrick Banger, Town Clerk Chaveli Herrera, Deputy Clerk Judy Martinez, Deputy Town Attorney John Baird, Town Attorney Christopher Payne, Management Budget Analyst II Genesis Hart, Office of Management and Budget Director Kelly Pfost, Assistant Police Chief Michael Angstead, Fire Chief Rob Duggan, Parks and Recreation Director Robert Carmona, Assistant Town Engineer Ryan Blair, Economic Development Director Dan Henderson, and Volunteer and Community Resources Manager Melanie Dykstra AGENDA ITEM CALL TO ORDER Mayor Peterson called the meeting to order at 6:34 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Brad Meyers of Central Christian Church gave the invocation. Councilmember Koprowski led the Pledge of Allegiance. ROLL CALL Town Clerk Herrera called roll and declared a quorum present. PRESENTATIONS; PROCLAMATIONS 1 1. PROCLAMATION - Proclamation declaring November 2024 as Alzheimer's & Caregiver Month. Councilmembers Bongiovanni and Koprowski read a proclamation declaring November 2024 as Alzheimer's & Caregiver Month and presented the proclamation to Steve Adams. 2. PROCLAMATION - Proclamation declaring November 8-15, 2024 as Veterans Week. Mayor Peterson read a proclamation declaring November 8-15, 2024 as Veterans Week, and presented the proclamation to the following members of the Veterans Advisory Board: Chair Charles Dine and Members Les Presmyk and Pamela Rinesmith. 3. RECOGNITION- Recognition of Mike Rudolph, Fire Captain, for 29 years of service for the Town of Gilbert. This item was not presented but may be rescheduled to a future meeting. 4. PRESENTATION - Presentation on the FY 2024 Gilbert Benchmark Report. Management Budget Analyst II Hart provided a brief overview of the 2024 Gilbert Benchmark Report. She explained that the report covered 75 different benchmarks across eight major functional areas within Gilbert's 24 departments and divisions. She compared Gilbert's performance to that of 41 communities across 13 different states. She reviewed some of the statistics and asked the Council if they had any questions; they had none. PUBLIC HEARING Mayor Peterson opened the public hearing for items 5, 6, 7 and 8. No one wished to speak and Mayor Peterson closed the public hearing. A MOTION was made by Councilmember Buchli, seconded by Councilmember Bongiovanni, to approve public hearing items 5, 6, 7, and 8. Motion carried 7- 0. 2 5. LIQUOR LICENSE – conduct hearing and consider approval of a Series 10 Beer and Wine Store Alcohol License for KWIK 831 located at 831 East Warner Road. This item was approved with the Public Hearing Vote. 6. LIQUOR LICENSE – conduct hearing and consider approval of a Series 12 Restaurant Alcohol License for Wildflower Bread Company located at 75 East Rivulon Boulevard, Unit 101. This item was approved with the Public Hearing Vote. 7. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4513 approving the acquisition of right-of-way and required easements for Parcel Nos. 302-16-027B, 302-16-028A and 302-16-028B for the Vaughn Ventilator, Project No. RD2190, by donation or purchase for an amount not to exceed fair market value of the property, plus acquisition and closing costs. This item was approved with the Public Hearing vote. Resolution No. 4513 was adopted. 8. PROPERTY ACQUISITION – conduct hearing and consider adoption of Resolution No. 4514 approving the acquisition of right-of-way and required easements for Parcel Nos. 304-77-006M and 304-77-006N for the Ocotillo Bridge Project, Project No. ST0540, by donation, eminent domain, or purchase for the negotiated amount of $72,178, plus statutory interest, acquisition, and closing costs. This item was approved with the Public Hearing vote. Resolution No. 4514 was adopted. 9. FEES – consider: a) adoption of Ordinance No. 2918 to amend the Town tax code to increase the general sales tax rate from 1.5% to 2.0%, the use tax rate from 0% to 2.0%, and the bed tax rate from 2.8% to 5.0%; and b) adoption of Resolution No. 4515 declaring the “2025 Use Tax Amendments to the Tax Code of the Town of Gilbert” as a public document. 3 Mayor Peterson opened the public hearing for Item 9. Town Manager Banger said that the short presentation that evening was one the Council had previously seen at a past retreat. He explained that what was being revisited was to provide context on the projects funded by the proposed tax increase. He said the presentation would highlight the importance of those projects, identify the specific initiatives, and discuss the funding options and sources. He mentioned how the Town would rank regionally before and after the proposed changes and noted that the presenters would outline the next steps in the process if the tax increase was approved. He discussed Gilbert's expected development into a fully built-out city within the next 5-7 years, depending on local decisions and economic conditions. He talked about approaching the end of a 100-year evolution from a small town to a suburban city and said the Town would soon focus on maintaining quality of life and managing long-term infrastructure. He noted Gilbert's population growing from about 500 to nearly 290,000, with projections potentially reaching 330,000, making Gilbert the 76th largest city in America. He emphasized that the Town's quality of life had greatly contributed to that growth. He highlighted awards the Town had received and discussed plans for ongoing recognition. He said the proposed investments would support long-term sustainability and help identify funding opportunities for the community. Assistant Police Chief Angstead discussed the final design phase of the Gilbert Advocacy Center. He provided a brief overview of the Center's services and impact on the community. He explained how the process would work and what it would mean for victims, emphasizing that the Center would enable Gilbert’s government to better support its citizens. He also addressed the proposal for a Crime Lab in Gilbert, noting that the city currently contracts those services from other municipalities. He said with the approval of a proposed tax increase, Gilbert would be able to establish its own Crime Lab. He highlighted the significance of having that facility, explaining how it would improve the solvability of cases and greatly speed up turnaround times for forensic evidence. He discussed the conditions at Gilbert's Central and San Tan Police Stations, pointing out the urgent need for more space. He mentioned that offices were currently being used as locker rooms and storage closets were being used as offices, underscoring the critical need for expanded facilities. He mentioned despite the growth of the Town and an increase in officers, the 4 space available in the buildings had not changed. He reiterated the necessity for more room to accommodate the Police's needs. Fire Chief Duggan outlined three key projects essential for the Fire Department, emphasizing the need for a new Public Safety and Large Apparatus Maintenance Facility. He highlighted the importance of maintaining a reliable fleet to minimize response times, pointing out the inadequacies of the existing over 20-year-old South Area Service Center, where fleet mechanics often had to work outside in extreme heat due to insufficient space and lack of climate-controlled work bays. He shared that Arizona experienced record- breaking temperatures that summer, further stressing the urgent need for improvements. He also discussed the data from Station 4, stating it was vital for reducing response times and enhancing effectiveness, which was the top priority for Gilbert's residents and businesses. He addressed challenges in fire administration, showcasing a photo of a repurposed workstation, and noted that the critical Emergency Operations Center (EOC) project currently occupied half of the already limited space. He concluded by mentioning the need to optimize space at the Public Safety Training Facility (PSTF), which was limiting its functionality. Parks and Recreation Director Carmona discussed being at maximum capacity of Gilbert’s high-quality parks system. He highlighted the Master Plan, stating the Town had an increase of about 63% in aquatics, a 45% increase in special events attendance, and a 55% increase in recreation program registrations. He provided other numbers, stating that Gilbert ranked last amongst park systems across the top 100 most populated cities. He provided a project overview, including outreach and feedback components, and then highlighted Gilbert Regional Park and Desert Sky Park. Office of Management and Budget Director Pfost provided an overview, comparing property tax and sales tax, and explaining that Gilbert did not have a primary tax and instead had a secondary property tax designated solely for funding voter-approved bonds. She stated that adopting a property tax would mean that only residents and businesses would contribute to infrastructure costs, unlike sales tax, which included visitors. She highlighted that the secondary property tax required bonding, necessitating repayment with interest, and emphasized the Town's intent to minimize bonding by cash funding as much infrastructure as possible from the outset. She noted that the Council had directed staff to explore sales tax, use tax, and bed tax options. 5 She presented a sales tax rate comparison, indicating that Gilbert's rate had been 1.50% since 2000, up from 1.00%, with a current proposal to increase it to 2.00%, positioning Gilbert in the middle range among Maricopa County cities. She mentioned that Chandler was the only other city at 1.50%, but it had a primary tax, which Gilbert did not. She noted other municipalities across Arizona had rates between 2-3%, or even higher. She discussed the use tax, which was proposed to rise from 0% to 2.00%, aligning it with other municipalities. She addressed the current bed tax of 2.80%, proposing an increase to 5.00%, as most municipalities charged that rate. She provided a timeline that included a Council workshop, Spring Financial Retreat, and a notice of intent sent to Gilbert residents, estimating that the tax impact would be approximately $0.50 for every $100 spent, with an implementation date of January 2025, if approved. Councilmember Torgeson mentioned that he understood the crime lab proposal had initially been removed from consideration. Town Manager Banger said that the Town was currently in discussions with Chandler regarding the potential construction of a joint crime lab between the two cities and was actively evaluating the possibilities for the collaboration. Councilmember Bongiovanni requested clarification, noting that approximately 5.3 million people visited Gilbert each year. Town Manager Banger explained that the figure included visitors to Parks and Recreation programs, shopping, and other activities and venues. Councilmember Bongiovanni highlighted that those visitors spent money in Gilbert, allowing the Town to collect sales tax, which effectively contributed to funding the Town's infrastructure. Director Pfost responded affirmatively. Mayor Peterson indicated there were seven comments received online regarding Item 9, one in support and six opposed. Whitney Pitt was in support of Item 9. The following individuals were against Item 9: Stacy Skankey, Nathan Skankey, Michael Benson, Yoshio Adachi, Parker Jackson and Chandra Jackson. An email was received by Whiteny Pitt, Gilbert resident, summarizing support of increasing the bed tax and sales tax, as well as adding use tax; however, she wrote in disagreement of not taking the action to the voters. 6 An email was received by Michael Benson, Gilbert resident, wrote in concern of the item, asking for a wider discussion with Gilbert business owners and residents. Aaron Accurso and Mark Thompson, Gilbert residents, submitted cards in opposition of item 9 but did not wish to speak. James Ashley from the Home Builders Association of Central Arizona opposed the proposed sales tax increase on construction, highlighting a 125% hike in development impact fees in North Gilbert and a 95% increase in South Gilbert. He raised concerns about the legality of the tax increase under Proposition 126, which prohibited tax hikes on services, including construction. He reiterated Home Builders Association of Central Arizona (HBACA) opposition to the proposal. Councilmember Torgeson asked Deputy Town Attorney Baird whether the proposal was unconstitutional. Baird stated the Town disagreed with that view and mentioned that the Council could discuss it further in an executive session. Michael Benson, Gilbert resident, spoke in opposition to Item 9, specifically regarding the sales and use tax. He requested that the Council delay a vote on those two items and suggested forming a community group to discuss the matter. Brock Wilson, Gilbert resident, opposed Item 9 regarding the sales tax, stating that Arizona had the highest sales tax in the country. He highlighted that Gilbert's lower rate was beneficial and attracted shoppers, urging that keeping tax rates low was in the community's best interest. Victor Petersen, Gilbert resident, expressed his opposition to the proposal. He recounted his previous experience on the Council, where he fought to keep taxes low, and urged the Council to reject the tax increase. Mayor Peterson asked if there was a need to go into an Executive Session regarding the legalities; the consensus was to move forward on the item. Mayor Peterson closed the public hearing on Item 9. 7 Vice Mayor Anderson mentioned that Gilbert used to have a higher bed tax several years ago, which faced strong opposition from local hoteliers. He emphasized that it was important to remember that most of the tax would be paid by visitors to Gilbert. Councilmember Bongiovanni explained that, to his understanding, a portion of the tax must be allocated for tourism. He said that would attract more visitors, leading to increased spending in the town. He noted that that shift would generate additional tax revenue from outside Gilbert residents. Councilmember Torgeson agreed with Councilmember Bongiovanni, stating that the bed tax was meant to generate revenue for the Town without costing residents unless they planned a staycation. He viewed the bed tax increase as a beneficial business proposal with no disadvantages. He expressed uncertainty about how many people shopped online to avoid paying taxes, especially since every municipality benefitted from use tax. He mentioned that raising the tax was painful for him, but he saw no alternative. He added that he would not prioritize his personal beliefs over the welfare of the community, except for Gilbert. Councilmember Koprowski acknowledged the difficulty of the decision but emphasized the Council’s responsibility in making it. She referenced meetings in December and March 2024, where they explored various revenue options for funding projects. While recognizing the challenges of growth, she affirmed her commitment to enhancing parks and trails, as well as supporting the Police and Fire departments. She concluded that the proposed tax increase would help facilitate those essential improvements. Councilmember Bongiovanni emphasized the Council's responsibility to maintain quality of life. He noted that there seemed to be no alternative to the proposed tax increase and compared Gilbert’s taxes to other municipalities, which often had both primary and secondary property taxes. He ultimately expressed his support for the increase. Councilmember Buchli agreed with Councilmembers Bongiovanni and Torgeson about the Town's financial situation. She found it hard to believe that Gilbert had not raised taxes in eight years and highlighted the Council's duties to balance the budget, shape policies, and maintain infrastructure—all 8 of which needed funding. While hesitant to vote, she expressed her support, viewing it as the best option available. Vice Mayor Anderson encouraged residents to explore the City of the Future initiative. He explained that the initiative aimed to address issues related to decaying facilities and inadequate infrastructure. He emphasized the importance of following the roadmap for the future, as it directly impacted the quality of life in the community. He expressed his support for both the initiative and its objectives. Councilmember Tilque discussed the extensive list of priorities the Council had and the need to narrow them down to a more manageable set of priorities. She emphasized that the decision was not made casually; it required careful consideration. She expressed her commitment to ensuring that funding for projects would not be left for others to figure out. She also highlighted the importance of maintaining a community in Gilbert that offered a high quality of life and quality services and noted her support for the initiative. Mayor Peterson addressed the challenges faced over the past year, reflecting on her experiences with former Councilmember Victor Petersen and others. She acknowledged the difficulties that Gilbert residents had encountered, particularly regarding inflation. She said she previously voted against certain increases; she expressed her intention to support the bed tax while struggling with other proposed taxes. She also voiced her disagreement with the order of priorities presented by staff during the meeting and shared her thoughts on how she believed those priorities should be rearranged. She stated that she would not support the sales tax or the use tax. A MOTION was made by Councilmember Koprowski, seconded by Vice Mayor Anderson, to approve Item 9a. Motion carried 6-1, with Mayor Peterson casting the dissenting vote. Ordinance 2918 was adopted. A MOTION was made by Councilmember Koprowski, seconded by Councilmember Bongiovanni, to approve Item 9b. Motion carried 7-0. Resolution No. 4515 was adopted. The meeting recessed at 8:03 p.m. and reconvened at 8:17 p.m. CONSENT CALENDAR 9 A MOTION was made by Vice Mayor Anderson, seconded by Councilmember Bongiovanni, to approve Consent Items 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 24, 25, 27, 28, 29, 32, and 33; and remove Items 17, 23, 26, 30, and 31 from the Consent Calendar. Motion carried 7-0. 10. INTERGOVERNMENTAL AGREEMENT – consider approval of : a) Intergovernmental Agreement No. 325000123 with the Gilbert Unified School District (GUSD) for the assignment of two School Resource Officers (SROs) and authorize the Mayor to execute the required documents; b) approval of FY 2025 School Safety Program Cooperative Agreement No. 325000125 with Gilbert Unified School District- Mesquite Jr. High School in the amount of $96,656.68; c) approval of FY 2025 School Safety Program Cooperative Agreement No. 325000124 with Gilbert Unified School District- Mesquite High School in the amount of $96,656.68; and d) authorization of FY 2025 Grant Fund contingency in the amount of $193,313.36 for the application and acceptance of the School Safety Program Cooperative Agreements. This item was approved with the Consent Calendar vote. 11. AGREEMENT – consider approval of Agreement for Professional Consulting Services Contract No. 323000374 with Black & Veatch Corporation in an amount not to exceed $480,130 for the Transmission Main Assessment – Phase 1, Project No. WA1450, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 325000118 with Agilent Technologies, Inc. utilizing General Services Administration (GSA) Cooperative Purchasing Contract No. GS-07F-0564X in an amount not to exceed $180,524.35 for Scientific Management and Solutions Services, Project No. WA1593, and authorize the Mayor to execute the required documents. 10 This item was approved with the Consent Calendar vote. 13. AGREEMENT – consider application and approval of Reimbursement Account Administrative Services Agreement No. 325000148 with WEX Health, Inc for the administration of the Town's Lifestyle Spending Account (LSA) with a fee guarantee of $2.15 per participant per month until July 1, 2030, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 14. AGREEMENT – consider approval of: a) Cooperative Purchase Agreement No. 325000105 with Freightliner of Arizona LLC, dba Velocity Vehicle Group, utilizing Maricopa County Cooperative Purchasing Contract No. 200209-C in an amount not to exceed $170,000 for remaining year of Refuse Truck Body Repair Sublet Services; b) Cooperative Purchase Agreement No. 325000119 with AMREP Manufacturing Company LLC utilizing City of Phoenix Cooperative Purchasing Contract No. 158803 in an amount not to exceed $1,540,000 over 4 years for Refuse Truck Body Repair Sublet Services; and c) Cooperative Purchase Agreement No. 325000115 with AMREP Manufacturing Company LLC utilizing City of Phoenix Cooperative Purchasing Contract No. 154747 in an amount not to exceed $416,000 over 2 years for maintaining an inventory of essential parts; 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. 325000116 with CUES, authorized dealer AZ Wastewater Industries, Inc. utilizing Houston-Galveston Area Council (H-GAC) Cooperative Purchasing Contract No. SC06-24 in an amount not to exceed $800,000 over four year period for Sewer/Storm Water, Hydro-Excavating Equipment and Related Services, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 16. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 325000056 with Cochise Fueling Solutions utilizing City of Scottsdale 11 Cooperative Purchasing Contract No. 2272RFP25 in an amount not to exceed $175,000 over five years ($35,000 per year) for maintenance, repair, installation and testing of Fleet Management’s bulk fueling and bulk lubrication systems, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 17. AGREEMENT – consider approval of Donation Agreement No. 325000135 with Positive Impact Alliance, LLC for the donation of one (1) vagus nerve stimulation headphones and one (1) mobile red light therapy panel, and authorize the Mayor to execute the required documents. Councilmember Torgeson asked the Fire and Police departments to explain the significance of the donation. He also acknowledged the generosity of the contribution and thanked Rich Ganley. Assistant Police Chief Angstead reported that items donated included red light therapy equipment and simulating headphones, which officers and dispatch personnel would utilize to help cope with the traumatic calls they received, assisting in clearing their minds after distressing situations. Fire Chief Duggan mentioned a previous donation from Rich Ganley of the Positive Impact Alliance, which also included cold tub therapy and saunas. He noted that both the Fire and Police departments conducted a six-month pilot program featuring qualitative and quantitative assessments, reporting significant improvements in physical and emotional health as a result. He emphasized the benefits demonstrated during the pilot and the importance of continuing the program and requested the Council's ongoing support. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli, to approve Item 17. Motion carried 7-0. 18. AGREEMENT – consider approval of Cooperative Purchase Agreement No. 325000079 with Spiker Sports LLC. utilizing City of Tempe Cooperative Purchasing Contract No. T24-148-01 in an amount not to exceed $180,000 annually for sports referee services, materials, and/or equipment, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 12 19. CONTRACT – consider approval of: a) Construction Phase Change Order No. 2 to Contract No. 323000512 for the Guaranteed Maximum Price (GMP) No. 3 with CS Construction, Inc. in an amount not to exceed $3,463,936 for the Fiber Optic Strategic Buildout, Project No. TS1940; b) Guaranteed Maximum Price (GMP) No. 1 to Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 325000019 with CS Construction, Inc. in an amount not to exceed $755,763 for Wastewater System Fiber Optic, Project No. WW1263; and c) Guaranteed Maximum Price (GMP) No. 1 to Construction Services Contract for Construction Manager at Risk (CM@R) Project Contract No. 325000072, with CS Construction, Inc. in an amount not to exceed $349,240 for Water System Fiber Optic, Project WA1672; and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 20. CONTRACT – consider approval of: a) Job Order No. 43 to Contract No. 321000247 with Archer Western Construction in an amount not to exceed $1,280,680.52 for Zones 1 and 2 Split Valves, Project No. WA1410; and b) Project Management/Construction Management (PM/CM) Services Contract for Job Order Contract (JOC) Project No. 325000100 with Burgess & Niple Inc. in an amount not to exceed $135,080 for Zones 1 and 2 Split Valves, Project No. WA1410, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 21. CONTRACT – consider approval of the Guaranteed Maximum Price (GMP) No. 1 to Construction Services at Risk (CM@R) Contract No. 325000086 with Hunter Contracting Co in an amount not to exceed $779,523.93 for Vaughn SW Public Station Rehab, Project No. SW0128, and authorize the Mayor to execute the required documents. 13 This item was approved with the Consent Calendar vote. 22. CONTRACT– consider approval of the Construction Phase No. 2 to Contract No. 324000056 with CORE Construction, Inc. in an amount not to exceed $4,655,001 for North Area Service Center Fuel Facility, Project No. MF2440, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 23. CONTRACT – consider approval of Architectural/Engineering (A/E) Services Contract for Design-Bid-Build (DBB) Project Contract No. 325000018 with Dig Studio in an amount not to exceed $99,969 for the Gilbert Road Median Improvements, Project No. RD2220, and authorize the Mayor to execute the required documents. Councilmember Torgeson asked to see the history of the Heritage District project since it was just on an agenda a few weeks prior. Assistant Town Engineer Blair provided a brief presentation on the Gilbert Road Median Improvements Project, which had initially been part of a Capital Improvement Plan (CIP). He discussed the initial plan aimed at enhancing and beautifying the raised medians on Gilbert Road between Jupiter Avenue and Elliot Road, along with the original design details. However, he noted that since the project's inception, additional guiding documents had emerged. He mentioned that the Heritage North Median Improvements had become development-driven, with Town coordination taking place with the developer located on the east side of the road just south of Juniper Avenue. He also brought up the Western Powerline Trail Water Feature and the Hearne Way and Gilbert Crosswalks, stating they would be coordinated with the project. He highlighted the immediate needs of the Heritage North Development and the Gilbert Road Union Pacific Railroad (UPRR) Crossing, explaining that discussions with the developer revealed UPRR would manage their portion of the street improvements, which significantly lowered costs. Finally, he indicated that feedback from the Council led to the creation of a design concept report (DCR), which provided an opportunity to review the various plans and guidelines within the Heritage District to develop a more cohesive plan. 14 Councilmember Torgeson noted that approximately eight weeks earlier, the amount had been over $3 million and had now dropped to $100,000. He asked Development Director Henderson to explain the change. Economic Development Director Henderson said foundational elements such as cleanliness, greenery, and safety were essential for a vibrant downtown. He said the foundations attracted additional investment and tourism, especially in an area that received over 5 million visitors a year. He mentioned that the medians provided the Town with the opportunity to incorporate art, enhanced landscaping, and other features. He also noted that Assistant Town Engineer Blair had done an excellent job of explaining the status of the initiative. Councilmember Torgeson inquired whether the Town had reverted to its original approach, noting that the issue of "scoop creep" had become problematic once again. Economic Development Director Henderson responded that the Heritage District's needs had changed, along with the contributions from developers. Councilmember Koprowski expressed her understanding that the $3 million was allocated for construction costs and explained that conducting a Design Concept Report (DCR) at that stage involved pre-design work, which would help narrow down what the final design would entail. She highlighted the project’s uniqueness and inquired whether the DCR would provide a revised cost estimate for some of the elements identified during the process. Assistant Town Engineer Blair confirmed that the Town would indeed have a comprehensive total cost for the improvements, noting that the overall $3 million figure could increase or decrease based on the DCR findings. Councilmember Koprowski then asked if public involvement or presentations to the Redevelopment Commission would be part of the process, and Blair believed that that would be the case but said he would provide a definitive answer later. Mayor Peterson asked about median placement on Gilbert roads. Assistant Town Engineer Blair explained that medians were a safety standard for minor arterial roads, keeping traffic moving safely. He noted that in the Heritage District, reducing U-turns was crucial due to the narrow roadway. Blair emphasized that was a safety measure and standard practice in Gilbert. Mayor Peterson expressed her dislike of them. 15 A MOTION was made by Councilmember Koprowski, seconded by Councilmember Torgeson, to approve Item 23. Motion carried 7-0. 24. CONTRACT – consider approval of Task/or Job Order No. 36 to Job Order Contract (JOC) Contract No. 321000247 with Archer Western Construction, LLC in an amount not to exceed $825,640.77 for GRB Berm Modifications, Project No. WW0770, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 25. CONTRACT – consider approval of Cooperative Purchase Agreement No. 325000024 with SHI International Corporation utilizing OMINIA Partners Cooperative Purchasing Contract No. 2024056-02 in an amount not to exceed $311,521.70 for multiple fiscal years pending annual budget approval for cyber security related software, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 26. CHANGE ORDER – consider approval of: a) Change Order No. 1 to Contract No. 323000055 with Allard Collision LLC increasing the contract amount by $200,000 for auto body repair services; b) Change Order No. 1 to Contract No. 321000307 with Cummins Rocky Mountain LLC increasing the contract amount by $375,000 for heavy duty fleet construction and agricultural/industrial parts, service and accessories; and c) Change Order No. 1 to Contract No. 321000384 with Genuine Parts Co. (NAPA) increasing the contract amount by $315,000 for aftermarket parts, and authorize the Mayor to execute the required documents. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Buchli, to approve Item 26. Motion carried 7-0. 27. CHANGE ORDER – consider approval of : a) Change Order No. 4 to Contract No. 322000027 with Archer Western Construction increasing the contract amount by $470,000 for Neely Water Reclamation Plant (WRP) Rehabilitation, Project No. WW1100; 16 b) Change Order No. 2 to Contract No. 319001059 with Hazen and Sawyer increasing the contract amount by $12,000 for Neely Water Reclamation Plant (WRP) Waste Activated Sludge (WAS) Pump Station Replacement, Project No. WW1090; c) Change Order No. 2 to Contract No. 321000061 with Hazen and Sawyer increasing the contract amount by $175,274 for Neely Water Reclamation Plant (WRP) Rehabilitation Oxidation Ditch Rotor Replacement, Project No. WW1100; d) Change Order No. 3 to Contract No. 320000055 with Brown and Caldwell, LLC increasing the contract amount by $30,000 for Neely Water Reclamation Plant (WRP) Rehabilitation Effluent Filter Replacement Project No. WW1100; e) Change Order No. 2 to Contract No. 320000436 with Wilson Engineers increasing the contract amount by $89,508 for Neely Water Reclamation Plant Rehabilitation, Project Nos. WW1090, WW1100, and WW1110; and authorize the Mayor to execute the required documents; and f) Wastewater Replacement Fund Contingency in the amount of $776,782 for Neely Water Reclamation Plant Rehabilitation. This item was approved with the Consent Calendar vote. 28. CHANGE ORDER – consider approval of : a) Change Order No. 1 to Contract No. 324000299 with Consultant Engineering, Inc. (CEI) increasing the contract amount by $47,620 for South Area Service Center (SASC) Fuel Stations Shade Structure, Project No. MF2533; b) Change Order No. 1 to Job Order No. 24-0601, Contract No. 320000122 with Willmeng Construction, Inc. increasing the contract amount by $95,902.22 for South Area Service Center (SASC) Fuel Stations Shade Structure, Project No. MF2533; and c) General Fund Contingency in the amount of $143,522.22. This item was approved with the Consent Calendar vote. 17 29. CHANGE ORDER – consider approval of Change Order No. 2 to Contract No. 321000153 with EPS Group increasing the contract amount by $240,165 for Ocotillo Road – 148th to Greenfield, Project No. ST0990, and authorize the Mayor to execute the required documents. This item was approved with the Consent Calendar vote. 30. GRANT/INTERGOVERNMENTAL AGREEMENT – consider: a) acceptance of the 12% Gaming Contribution Grant, Contract No. 322000052, from the Salt River Pima – Maricopa Indian Community (SRP-MIC) in the amount of $51,780 for the Native American Management Intern program (NAMI) and the Victim Advocacy Intern Program; b) acceptance of the 12% Gaming Contribution Grant, Contract No. 324000326, from the Salt River Pima – Maricopa Indian Community (SRP-MIC) in the amount of $50,000 to Helping Hands for Single Moms for the Scholarship Plus Program; c) acceptance of the 12% Gaming Contribution Grant, Contract No. 324000327, from the Salt River Pima – Maricopa Indian Community (SRP-MIC) in the amount of $9,500 to Sounds of Autism for a Workforce Development Program; d) acceptance of the 12% Gaming Contribution Grant, Contract No. 324000328, from the Salt River Pima – Maricopa Indian Community (SRP-MIC) in the amount of $50,000 to the Dignity Health Foundation for the Gilbert Children’s Dental Clinic Program, and authorize the Mayor to execute the required documents; and e) Grant Fund contingency in the amount of $161,280. Councilmember Torgeson requested clarification that there were no clawbacks or strings attached and that it complied with all the Town's policies regarding grant acceptance. Volunteer and Community Resources Manager Dykstra explained that the grant represented the Town’s chance to receive funding from the Tribal Nations. She noted that state compact grants required funds to benefit 18 communities, with Tribal Nations able to contribute individually via a 12% process. She said the Town applied for grants on behalf of the Native American Management Internship Program and the Victim Advocacy Internship Program. She said the funding would support students and three outside organizations, as other nonprofits needed municipal sponsorship to receive the funds. She said if the Council approved the grants, the tribe would issue a check to Gilbert, and the Town would then invoice the outside entities and process the payments. She then said the Town must submit midyear and annual reports to the tribe to outline accomplishments and fund usage. A MOTION was made by Councilmember Torgeson, seconded by Councilmember Tilque, to approve Item 30. Motion carried 7-0. 31. GRANT – consider: a) application and acceptance of a grant, Contract No. 325000129, of the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) from the Department of Justice Office of Justice Programs for $23,533; and b) approval of Grant Fund Contingency in the amount of $23,533 upon acceptance of the 2024 JAG funding for equipment costs and associated training. Councilmember Torgeson asked for more information regarding item 31. Assistant Police Chief Angstead discussed the Edward Byrne Memorial Justice Assistance Grant (JAG) and emphasized that there was no clawback on the grant, which was named after a police officer murdered in 1966 in New York. He noted that the Town had received the grant for many years. Angstead explained that the funds originated from Washington, D.C., and were allocated to states based on a formula that considered population and crime rates. He said those funds then remained with the state, and if the Town chose to accept them—based on Gilbert's population and crime statistics, it could do so; otherwise, the funds would be redirected to neighboring jurisdictions. He also pointed out that the Town's obligation was to report to the federal government the number of crimes that occurred annually, a responsibility the Town had fulfilled for years. A MOTION was made by Councilmember Torgeson, seconded by Vice Mayor Anderson, to approve Item 31. Motion carried 7-0. 19 32. BOARDS AND COMMISSIONS – consider reappointment of Raymond Huang to the Planning Commission as alternate with a term beginning October 22, 2024 and ending September 29, 2025. This item was approved with the Consent Calendar vote. 33. MINUTES – consider approval of the minutes of the Regular Meeting of September 24, 2024; Special Meeting of September 23, 2024; and Study Session of October 8, 2024. This item was approved with the Consent Calendar vote. ADMINISTRATIVE ITEMS 34. COUNCIL ADMINISTRATION- Discussion and update from the Community Engagement Task Force. Councilmember Tilque reported that the Task Force met on October 21, 2024. She said that during the meeting, they received presentations from the Parks and Recreation Department and the Police Youth Engagement Program. She shared various programs offered by Gilbert and mentioned discussions about programs from faith communities and other cities. She noted that a new Teen Resources webpage had been added to gilbertaz.gov. She indicated that their next meeting would focus on recommendations that would be presented to the Council in December 2024. COMMUNICATIONS FROM CITIZENS Susan Borea, Gilbert resident, said she was a resident of Adora Trails in south Gilbert. She said she was a newer resident of Gilbert, but she had seen enough meetings to know of the criticism the Council had received, and she was appalled. She gave a few examples of things said by citizens and gave her thoughts on how those things could be changed. She said she wanted the Council to hear something positive from the podium and said she appreciated all the time, effort, and consideration the Council had on the citizens’ behalf and wanted to say thank you. Dan Reynolds, Gilbert resident, shared a story of Fire Chief Duggan from 30 years ago. He spoke of issues with the electric fire truck and said it was out of 20 service way too much. He said he had nothing against electric fire trucks but felt more studies needed to be done. Bridget Vega, Gilbert resident, discussed ongoing issues of teen violence and how to bridge the gap. She emphasized the importance of the town's leadership and transparency. Jeni Jones, Gilbert resident, expressed concerns about the community's safety, stating that her views changed after experiencing teen violence. She believed children needed to be held accountable for their actions, as many had mocked the police. She said she suspected some of those boys were involved in the arson of her barn. She also noted that she filed complaints against officers and felt distrust towards those in power, calling for change, accountability, and transparency. Charisia Arnold, Gilbert resident, criticized the Town for minimizing teen violence. She pointed out that 2024 had seen a record number of teens charged with aggravated assault and said that suicide was the leading cause of death among children in Arizona. She called that issue an epidemic that needed urgent attention. Steve Lavalle, Gilbert resident, said he sent the Council an email, and only one Councilmember responded but no one answered his questions. He spoke of the recent water rate increase and said now taxes. He spoke about the Town's action regarding Diversity, Equity, and Inclusion (DE&I). Jason Tamura, Gilbert resident, expressed concerns about Tilson's poor construction practices in his Lyons Gate community. He stated he had a construction background and highlighted issues such as damages to marked gas lines, garbage left in yards, and unattended potholes. He emphasized the deterioration of his neighborhood and said he would send photos of the problems. He urged the Town to investigate the situation. Councilmember Torgeson asked staff for a service record of the electric fire truck and noted he was happy to hear some positivity from the other side of the dais. FUTURE MEETINGS 21 Council Retreat item related to a status update on General Obligation (GO) Bonds, requested by Councilmember Tilque on the dais and a meet and confer follow-up discussion for 2025. COMMUNICATIONS Report from the TOWN MANAGER on current events. Town Manager Banger congratulated Tyler Unsell and his Hazardous Waste Technician Team for winning first place, as well as Carmelita Nichols and her Environmental Compliance Regulatory Team for securing second place at the 2024 Hazardous Materials Olympics held in Austin, Texas. He also noted that October was recognized as National Code Compliance Month. Report from the COUNCIL on current events. Councilmember Bongiovanni discussed the upcoming BOO Bash at the Freestone Recreation Center. He mentioned that pre-registration was required and attendance was limited to the first 300 registrants. Additionally, he highlighted the Snow-Vember Pop-Up Party scheduled for November 9, 2024. Councilmember Koprowski discussed the Veterans Day Ceremony scheduled for November 8, 2024, at Gilbert Town Hall. She also noted that the Gilbert Symphony Concert on the same evening had a Veterans Day theme. Councilmember Tilque discussed the upcoming General Election scheduled for November 5, 2024. She provided information about the ballot drop box at Gilbert Town Hall and the voting center located at the Gilbert North Area Service Center. She also shared details on how to find other polling locations. Additionally, she reminded everyone about Propositions 497 and 498 being on the ballot, as well as one Council seat that was up for election. She encouraged everyone to participate and vote, noting that more information was available online. Report from the MAYOR on current events. Mayor Peterson discussed Gilbert’s Domestic Violence Awareness Night held at Gilbert Town Hall on October 24, 2024. She also listed her schedule over the last month which listed over 30 meetings. She also congratulated Parks and Recreation Director Robert Carmona on being inducted as a fellow into the 22 American Academy for Parks and Recreation Administration, one of the highest honors in the field. She concluded by reiterating the General Election on November 5, 2024 and encouraged everyone to turn in their ballots. A MOTION was made by Councilmember Bongiovanni to adjourn the meeting. Motion passed unanimously. Mayor Peterson adjourned the meeting at 9:20 p.m. ADJOURN 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 22nd day of October, 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