Gilbert · 2023-02-21 · other
Regular Meeting - 2/21/2023 6:30:00 PM
Summary
Summary of the Gilbert Town Council Meeting (February 21, 2023)
- Student Citizen of the Month Awards: Recognition of various students for demonstrating good citizenship, presented by Vice Mayor Kathy Tilkey.
- Proclamations: Mayor Bridget Peterson proclaimed February as "Go Red for Women" month and recognized Gilbert Police Sergeant Bill Campbell for his retirement after over 30 years of service.
- Public Discussion on Ocotillo Road Widening: Residents expressed concerns regarding the widening project and the perceived lack of transparency from town staff, particularly regarding the scale of the project and the impact on community members.
- Financial Reports Presentation: The council received a presentation on the annual audited financial reports, confirming compliance with Arizona state statutes, and acknowledged the clean audit opinion received for fiscal year 2022.
- Utility Rate Increases Approved: The council voted unanimously to approve increases to the Wastewater and Environmental Compliance rates to address rising operational costs and infrastructure needs.
Overview
The Gilbert Town Council meeting on February 21, 2023, featured several key discussions and recognitions, including the presentation of Student Citizen of the Month awards and proclamations for community initiatives such as "Go Red for Women" month. Significant public discourse arose around the Ocotillo Road widening project, with residents voicing concerns about the project’s transparency and potential impacts. The council also reviewed the annual financial audit, resulting in a clean opinion, and approved necessary increases in utility rates to maintain essential services amidst rising costs.
Follow-Up Actions or Deadlines
- Ocotillo Road Widening Project: Further discussions may be required with residents regarding the project's impact and potential changes based on community feedback.
- Blood Drive: Scheduled for March 9, 2023, at the Southeast Regional Library, with promotional efforts from council members.
- Next Council Meeting: Regular updates and discussions on ongoing projects and community needs will continue in future meetings.
Transcript
View transcript
foreign foreign if I could give everybody a 30 second morning and have the council members please take their seats good evening everyone welcome to the February 21st 2023 Gilbert Town council meeting I would like to go ahead and call this meeting to order thank you for your patience we were upstairs in an executive session meeting the first item on our agenda this evening is student of the student student citizen of the month Awards and our vice mayor will run that presentation thank you mayor um good evening I am vice mayor Kathy tolki and it is my pleasure to announce the names of the Gilbert student citizens of the month the recipients were nominated by their teachers and principals for demonstrating good citizenship and character we appreciate the opportunity to not only recognize these hard-working students but to also thank all of the teachers and school administrators in the community we appreciate all your efforts to educate and influence our young residents our schools are some of Gilbert's finest and greatest assets at this time we are going to begin our student citizen of the month presentation please enjoy and for those of you who are receiving an award tonight a certificate and packet will be delivered to your school so we're going to begin with the elementary schools let me get my little paper here Ashland Ranch Elementary Josie miles Bridges Elementary Harrison Cantrell Burke Elementary Piper De Young Carol Ray Ranch Elementary price Harrington Centennial Elementary Rhys de Hoyas Chaparral Elementary John Locke McCombs Charlotte Patterson Elementary Bond Anderson Christ Greenfield school Ela sorry Isla grendela edu prize School Gwen Steff Gateway Point Elementary Chloe Zimmerman Higley Traditional Academy Aaron Sanchez Islands Elementary Lucas Garay Leading Edge Academy Elementary Adeline Headley Mesquite Elementary Chloe Carr Neely Traditional Academy Lily Shepherd Brown Oak Tree Elementary Jack White Patterson Elementary Melanie or I had this earlier rain on oh sorry I'm sorry um Pioneer Elementary Jack's Claire Playa del Rey Elementary Cameron Fowler Quartz Hill Elementary degree bush Riggs Elementary Emily Anderson Santan Elementary Grant Jessup settlers Point Elementary drotham apachito Sonora Sonoma Ranch Elementary Sophia Valenzuela Aguilar Spectrum Elementary Jade Cassius Town Metals Elementary kainoa torbent Val Vista Lakes Elementary Olivia Cates Weinberg gifted Academy Levi ramsley and now we'll honor our Junior High and high school students American Leadership Academy Easton obarn Campo Verde High School Daniel for for zaka Canyon Valley High School Paige Davis Cooley Middle School Cooper Forester class Gilbert Classical Academy James pester Gilbert High School Dane Richards Higley High School Avery Jackson Leading Edge Academy Early College Kira piristani Mesquite High School Lucy Lohman South Valley Junior High Avery LeBaron let's take a moment to give everybody a round of applause and I want to thank all the students for your patience as I tried to get through those names and I hope I did all right thank you mayor you know that's your worst nightmare vice mayor next on our agenda that we have our invocation this evening will be by Pastor Terry Bowman of Life Church Pastor if you could come down to the podium please thank you for being here this evening press the button to turn your microphone on there we go thank you thank you for the invitation to offer the invocation can we pray our great God we come to you in Thanksgiving and we praise you for this town and its inhabitants this governing Council thank you for the privilege of living here and the freedoms that we enjoy As Americans and every blessing that has been given to us we come tonight in humility asking your favor in our hour of need forgive us for our sins bringing restoration to the broken the hurting in our community and in our world we pray for those who are suffering in war those who are living without the basic necessities of life and those who are suffering loss from earthquakes destruction their homes and the loss of family and friends be with them and comfort them let Aid and assistance be delivered speedily to them we also pray for the needs of our community bless the many groups who are providing services and assistance Empower them and provide the needed resources to accomplish their mission we pray for the deeper spiritual needs of our community as well you are Lord of all and you know the heart of each one I pray for those who are filled with anxiety that you will bring peace for those who are suffering broken hearts that you will bring peace in in healing in their lives for the sick and the disease that you'd bring help and healing May the same spiritual renewal that is happening in Asbury University in Kentucky and many other universities and churches in our nation break out in our community and let there be a spiritual hunger in thirsting for your Holy Spirit change and transform us in your presence let this area be a Beacon of Hope and healing to our nation as we seek to honor you in all we do I pray for the city manager the mayor This Town Council that each one would be empowered to accomplish the many tasks that come before this growing City May their decisions be for the good of our community Inspire them with creativity and assist them as they conduct business Lord in your word the Apostle Paul wrote that petitions prayers intercession and Thanksgiving be made for all people for kings and for those in all authority that we may live peaceful and quiet lives and godliness and holiness dear God we want to pray that request and honor you in this city and throughout the East Valley we pray that your will be done and your Kingdom Come On Earth as it is in heaven in the name of the Lord Jesus we pray amen thank you so much Pastor thank you again for joining us this evening next we will have a pledge of allegiance led by council member Buckley and her granddaughter Olivia Drummond you ready pledge allegiance to the flag of the United States of America and to the Republic for which it stands one reason under God indivisible with liberty and justice for all thank you Olivia and council member Buckley Olivia is seven years old and has a birthday coming up on February 27th we hope you have an amazing birthday Olivia and thanks for joining us this evening next we will have town clerk Herrera conduct the roll call please mayor Bridget Peterson here vice mayor Kathy tilkey here council member Scott Anderson council member Chuck Bon Giovanni here council member Bobby Buckley here council member young kaprowski here and councilmember Jim Torgeson here a quorum is present thank you very much and now I will come down to the floor for the first proclamation of the evening for women good evening our first Proclamation for this evening is the Go Red For Women month I believe there's somebody here to accept there you are to accept this Proclamation this evening whereas February 2023 is American Heart month an annual campaign designed to encourage heart-healthy sleep physical activity and nutrition healthy habits since the American Heart association's mission is to help build longer healthier lives free of cardiovascular diseases and whereas the 2023 Go Red For Women be the beat campaign focuses on helping women find a new rhythm of healthy habits since a global pandemic interrupted Wellness goals and good health is a journey and not a destination and whereas in the United States heart disease is the number one killer of women causing one in three deaths each year approximately one woman every 80 Seconds and whereas in Arizona on average nearly 16 women die every day from heart disease or stroke each day and whereas women have a higher lifetime risk of stroke than men with different heart attack symptoms that are often misunderstood and now therefore I Bridget Peterson mayor of the town of Gilbert Arizona do hereby Proclaim February 2023 as Go Red For Women month and encourage residents of Gilbert to be a part of the American Heart association's national movement to end heart disease and stroke in women everyone is encouraged to make a change for Better Health with physical activity healthy eating lowering their blood pressure and teaching children the importance of staying active and making healthy food choices how are you thank you I'd like to have you introduce yourself okay great thank you my name is Stacy Johnson I'm a volunteer with the American Heart Association and we do proclamations like this to build awareness about heart disease you heard a lot of stats the main thing is that 80 percent of your risk factors can be mitigated by lifestyle changes and choices and we need to get the word out thank you let's get a quick photo thank you so much next next is it Sergeant Bill Campbell next Sergeant Bill Campbell if you would please join me down the front gosh I can't believe I have to read this about Bill congratulations Sergeant Bill Campbell as mayor of the town of Gilbert is my just it is my distinct pleasure to express our heartfelt congratulations to Gilbert Police Department Sergeant Bill Campbell upon his retirement from the town of Gilbert for over 30 years Sergeant Campbell has dedicated his career to serving the town of Gilbert in the police department it is with immense gratitude and appreciation that we recognize and commend him for his extensive and valuable service to the community after successfully completing a six-year tour in the United States Marine Corps Bill Campbell was hired by the Gilbert Police Department in December of 1992. as a police officer he served as a patrol officer bike patrol officer DARE officer SWAT team member crime suspension suppression officer and as a recruit training officer in the police academy in 2007 he was promoted to the rank of Sergeant and supervised teams on patrol SWAT crime suppression and Advanced Training the primary focus of Sergeant Campbell's career has been in developing the police department's tactical training Sergeant Campbell's expertise in police firearms training and throughout his career he has built a reputation as a leading Firearms trainer Across the Nation Sergeant Campbell created Gilbert's Patrol rifle training program as well as the SWAT Precision Marksman program sorry I don't have my glasses on Sergeant Campbell's Patrol rifle program known as the Gilbert model of Patrol rifle training has been requested and shared with over four thousand police agencies Across the Nation Sergeant Campbell has served as the Department's subject matter expert in firearms training since 2001 and in 2019 he was selected by Arizona post as the chairman of the state's subject matter expert Committee in Firearms Sergeant Campbell has received multiple Awards and commendations through his career including civilian honors with the awards of the Gilbert Chamber of Commerce heroism heroism award and the sons of the American Revolution officer of the year award Sergeant Campbell was very involved in the design and construction of the new Public Safety Training Facility with special involvement in the design of the large indoor shooting ranges Sergeant Campbell is retiring as the Advanced Training Sergeant supervising all in-service police training and proficiency skills training in the Gilbert Police Academy at the end of this month Sergeant Campbell will retire from employment with over 30 years of service to the town of Gilbert despite his retirement he intends to continue to serve Gilbert as a volunteer Reserve officer continuing to assist in training our police recruits and in-service officers we wish him all the best in his retirement and future endeavors in witness thereof I am here on to set my hand and have caused the official seal of the town of Gilbert to fix this 21st day of February 2023 Bridget Peterson foreign I also want to mention his beautiful bride sitting over here because they both have dedicated their lives to Public Service Diane retired three years ago four years ago Diane three years ago I was right the first time three years ago from dispatch in the City of Tempe and I think that being married to law enforcement is one thing having to live with it every single day is another thing I respect both of you and everything that you do for the community another little known fact is um Sergeant Bill Campbell thinks he's Batman he is Batman and actually if you attended the Gilbert Police Department trunk or treat across the street he was dressed as Batman and Diane was dressed as Wonder Woman and they make a wonderful pair when they are able to get out and do that within our community bill and I also share a birthday not the same year but where two of about six of us I think I think there's five in the police department that have the same birthday that we discovered and he was completely instrumental in the ranges and I'm so pleased that you held off your retirement to be able to actually teach in the public safety training facility and then it came to fruition for you I'd love for you to say a few words uh I love Gilbert I've been here forever and um I have this this place this city is rare I teach all over the country and I would say there are very few communities like this one um my heart is here I live here um I've given my life to this town and uh I am so proud and honored to have represented you around the nation and also to have served you as long as I have thank you let's get a photo let's get one with Bill and I and then please ask Chief Solberg to come up and join us is there is there other Command Staff here if there's other Command Staff that would like to come up and join us actually anybody that's in the police department that would like to come up and join us I think that's appropriate but they all come look at my team look at this come on over here [Laughter] we gotta move up chief commander chief chief just for you thank you you're welcome Chief hold on I have to go give your bride a hug I'm good how are you [Applause] so next up is like the world correct so if you didn't know we have been honored to be able to be the the location most years in the olive State of Arizona for the light the world Campaign which is the giving machines that have been located in downtown Gilbert under our water tower and our water tower Park this year there was a couple of locations in the state of Arizona which was new but we were still able to raise a lot of money and I want to invite Fran and Steve Lowder up to give us a rundown and I know they have some very large checks to give out to some very grateful organizations this evening yes yes other John Lewis all those good names too John would look you like to tell them about that oh no please oh if you haven't seen or been a part or participated in the giving machines they are vending machines where individuals and families can experience christ-like love and giving in an instant by donating to Charities that are wonderful and that are all of our heroes next year you'll be able to see them again so I encourage that we have click click is there a clicker oh there's a clicker yeah very good I know this is what they look like if you haven't been able to see them before with cards in the machines that represent items that you can give to charities like soccer balls or yes in the past we have had livestock this year we had education for girls we had meals we had shoes I get a little teary-eyed because they're all over there and they are the ones that are in the trenches each and every day and we are blessed to have them represented in these wonderful giving machines this year we'd like first to thank all of Gilbert for letting us have these machines starting five years ago and then all the way through now because they've grown and each year they've been better and better so if we could just applaud the town of Gilbert that would be great um we have with us many of those who helped with the giving machines and we want all of them to stand so you know who you are just stand up and don't sit down because we know you do you want we'll point you out stand up stand up stand up Candace oh sorry everyone who assisted thank you thank you very much for that we have with our thank yous we did want to explain how and what happened to the giving machines this year it was amazing that because of what happened in Gilbert the powers that be John is our presiding Authority and those who work with us worked out that we could move machines around throughout all of Arizona because of how strong Gilbert was so what happened was we have machines in Flagstaff in Glendale in Tucson and in the Gila Valley that all participated in this year's work we expanded our local charities from 4 to 25 throughout the State of Arizona which was exciting and they all received great donations [Applause] as we look at those donations what we've realized is that we've touched over 650 000 people in Arizona and lifted them in one way a note just in Arizona through all the Charities that we've uh that you've given to and that though those nations were made to which another that's amazing as well and we might be under counting that it could be close to three quarters of a million people that were touched by this donations which is a lot we raised in Gilbert you get to read it you want to read it read it one million 38 38 274 dollars [Applause] our our Gilbert residents are very generous I know and I want to say something before I give the mic back to you um these folks the Church of Jesus Christ of Latter-day Saints put these machines out and they send volunteers to them every hour that the machines are open they pay for every cent of delivery they pay for every everything that has to go into the machines taking the machines down putting the machines up every single bit of aspect they pay for the church pays for and every dollar that is raised in those machines goes to the Charities Gilbert's machines had Charities local to Gilbert glendale's machines had Charities local to Glendale same with Flagstaff they're not trying to donate all over the world necessarily there are some national Charities involved but the for the most part you are going to see the checks handed out to the local charities that are right here that we talk to and deal with every single day to affect those 650 000 lives [Applause] we love to support that um Elder Lewis would you like to read the worldwide total six million two hundred thousand dollars and one million in Gilbert there were 25 other cities 25 other cities that were a part of this and so our representation is pretty good so including cities like Kansas City and big cities in California Las Vegas yeah no competition here just a little here are some of our Charities as you see our five local charities and then African girls hope which is our national charity we'll be bringing them up in just a second for their checks we'd like to well uh can't go back we'd like to bring up one other member of of our team who represents all of the missionaries who helped hundreds of missionaries that helped and that's Elder and sister cook if you could come up and join us and be a part of this uh president and sister cook sorry [Applause] all right first charity baby here you go you want to announce it and I'll give it yes okay you announce it okay all right our our first one is House of Refuge so if the House of Refuge will make your way down here and our total for House of Refuge is Kayla you want to read it 73 743 dollars [Applause] and there's the check perfect congratulations she gets to keep the check and take it with her and then inside the boxes are actual cards that were in your machine this year so they're a little banged up and a little beat up but you get them you get your cards okay the next one that is coming up is um Special Olympics this is the first year for all of these Charities to be in the giving machines so it's exciting for them and exciting for us to make new friends and be a part of their lives so the total totals in 568 dollars [Applause] over there yeah everywhere Robinson thank you [Applause] our next one is ascend Ascend and your total yeah this is a big one Trinity 101 thousand dollars 350. there you are my friends [Applause] thank you oh my gosh unbelievable you guys and the Newbie Ariel she's new as you can tell these aren't Small Checks now on the top of the box that they're getting is also a Christmas ornament a light the world Christmas ornament that we'll give more of those to you so that you can hand them out to some of your volunteers too okay our next one is gathering Humanity come on down okay Gathering Humanities total is a hundred and two thousand two hundred and seventy eight woo [Applause] hold on perfect thank you Robin congratulations ladies congratulations okay this one is our International charity this is the African girls Hope Foundation so Miss Grace they provide education for girls in Africa who are not currently allowed to go to school [Applause] so they're totally total entered in um we have a house of refugees I mean Gathering a hundred and sixteen thousand seven hundred [Applause] [Laughter] [Applause] [Music] we got it we got it [Applause] now African girls Hope was in two other cities and their grand total ended up being just about 150 000 so we're thrilled for them with that one oh and now we would like Midwest food bank to come up not that there's a winner but they're the last check so now Midwest has been with us for how many years now in Gilbert for oh six years yes six years these are some of the best people you'll know [Applause] so Midwest Food Bank their total was 129 435 dollars make sure everybody's in yeah they love it I love it I love it congratulations congratulations thank you and we've got an ornament for each member of Town Council thank you so much for allowing us to have these giving machines in this incredible and amazing town and I have one complaint you're tearing up our Park so we gotta find another place so I think we've got Parks and Rec is out there searching for a very special place for us so that's where we'll be next year find your machine [Laughter] oh thank you oh I don't have to do that down here they'll come to the microphone questions I'll give them a second just to make their way out next on our agenda we will have a presentation from Gilbert sister cities we have an annual update by the Gilbert sister cities board and tonight that will be by Christina Sanchez hi Christina turn this on hello is there a clicker thank you and hello mayor Peterson vice mayor tilkey council and guests for those of you that I have not met yeah I'm Christina Sanchez president of Gilbert sister cities and tonight I'm going to present the year in review for what we've done what we did 2022. so each year we kick off our year with an east east to west Gilbert Fest we celebrate this not only the Chinese New Year but it's our opportunity to honor our partnership and friendship with our sister city of lashon guests are treated to some fantastic in entertainment there's a silent auction and it's a fantastic celebration of the Chinese New Year this year we celebrated or last year we celebrated the year of the Tiger in the spring with the support of the town of Gilbert our generous sponsors and help from countless volunteers the Gilbert sister cities friendship Garden came to life at Gilbert Regional Park this is something that we're very proud of the garden honors the diversity and Rich culture of the global friendships shared between the town of Gilbert Andrew Newton Abbey Northern Ireland and lechon China here's an early drone picture of the garden it actually looks so much better now that the plants and trees have matured if you haven't been out there we invite you all to come and see it it's a beautiful space and wonderful place to reflect meditate or just take in the beauty of our desert with regard to the garden and our ongoing partnership with the town Greg tilkey will continue to partner with Parks and Rec to work on any ongoing maintenance construction or necessary improvements one example is that we've noticed that the Chinese bridge is showing some wear and we discussed at our last meeting putting together a plan for either refurbishment or replacement of the bridge and our generated friends from the garden event will assist with this project we're currently Midway through our 2023 youth youth Ambassador application process we will be sending four ambassadors this year to Antrim Newton Abbey and none to lashon due to the restrictions by the U.S on returning travelers from China we felt it best to wait another year before sending ambassadors in the meantime we have recently met with our lechon counterparts and are working on an art exchange a student art exchange with schools here that will be showcased at an upcoming event in lechon China we did however have two 2022 youth ambassadors traveled to Antrim Newton Abbey this past summer and they also hosted their Northern Ireland Ireland counterparts here in Gilbert we did not have any youth Ambassador Travel to lashon last year either as there were continued covid restrictions hopefully next year later in the year our board and membership celebrated the Gilbert sister cities Irish holiday social this honors our long-lasting friendship as sister cities with Antrim Newton Abbey Northern Ireland this is always a special celebration for our members to end the year and well it's also the first time that our board generally gets to meet the following Year's youth Ambassador candidates I've saved the best for last in the fall of 2023 we celebrated our first ever a night at the Garden this is where we thanked all of our Gilbert sister cities friendship Garden donors and volunteers as well as our fantastic Parks and Rec Department Partners the event coincided with the delegation visit from Northern Ireland and provided a wonderful ceremony following the recertification of our commitment as sister cities at the event guests were treated to Fantastic entertainment keynote speakers and some heartfelt recognition we plan on making this an annual event and though we will move it to the spring beginning in 2024. just a quick board update in our recent meeting we addressed Greg tilkey's retirement from the board created a new Emeritus board with Greg as the first member voted in we also welcomed councilwoman kaprowski as our Council liaison and held Board elections for new members and executive positions as you're most likely aware we are planning on having representation at the upcoming delegation to Antrim Newton Abbey in September this concludes our update we appreciate your time and continued partnership with the town of Gilbert and we look forward to another year of Community Connection friendship and cultural experiences thank you thank you Christina any comments excited to see the changes going on with Gilbert sister cities I love being a part of it and being the liaison for so many years and really excited for councilmember koprowski now to take over where vice mayor tilkey left off and I think you're doing great things and the kids this year are as amazing as the kids in the past so I don't know how you choose we're extremely proud and it's a very very hard choice but thank you thank you again thank you before we move to Communications from citizens vice mayor tilkey asked if she could move her comments from council member to the start of the agenda so vice mayor please thank you mayor um I think we're gonna get rid of this I just wanted to let everybody know early in the meeting that our subcommittee for on Communications has been working and um we are going to be hosting three town hall meetings that is open to all of the public and those are the dates and the times up on the screen also we are conducting a town-wide survey to get feedback from our all of our citizens and there's a QR code there in the back there is a a flyer if you'd like to take that if you can't attend the meetings please take the survey we will be gathering all of that information and bringing it back to the full Council in May with some recommendations and so thank you mayor for allowing me to announce that thanks for sharing that information and now Communications from citizens so you're up again great thank you mayor um first I'd like to just read a statement regarding the communications from citizens the Gilbert Town Council values citizens comments and input anyone wishing to speak before the council must fill out a request to speak card for each item they wish to speak on and submit it prior to the beginning of the meeting the communications from citizens portion on the agenda provides citizens an opportunity to identify for the Town Council matters of Interest or concern related to town government than not that are not on the printed agenda under the provisions of the Arizona open meeting law the Town Council is prohibited from responding to issues that have not been properly noticed therefore the Town Council may only listen to citizens who wish to address them in a non on non-agenda items at the conclusion of the open call to public response is limited to individual members of the council responding to criticism made by those who have addressed the public body asking staff to review a matter or asking that a matter be put on a future agenda when your name is called please come forward to the podium state your name and place a residence and then begin speaking all speakers are expected to observe common standards of decorum and courtesy personal attacks political speeches or threats of political action are inappropriate in this forum and will be grounds for ending the speaker's time at the podium the first person to speak this evening is Steve Cisco so if you would come up to the podium and following will be Brandon riff and you will have three minutes that will begin and you'll see that on the clock all right more than enough my name is Steve Cisco I live in the Carriage Lane subdivision I've been a Gilbert resident for 18 years for two and a half years since August of 2020 a high volume four profit Banning Clinic has been operated by my next door neighbor I'll leave his address out in violation of Gilbert licensing codes and noise regulations for residential neighborhoods nearly every day from 8 A.M to 8pm sometimes earlier sometimes later my family and other neighbors must endure the loud unusual unnatural recurrent cracks of a bat hitting a hard baseball the sound bouncing off of block fences and stucco walls these cracks are well documented in a range of 85 to 100 decibels we're constantly being woken up an evening resting or napping during the day is impossible I apologize if I sound frustrated in angry or a bit emotional because I am this isn't how I wanted to spend the evening in my 62nd birthday we never know who's sitting in vehicles parked on the street for extended periods of time unlike the homes to the north my family doesn't have to deal with the errant balls Landing in our yard and the bright lights hung 12 to 15 feet to illuminate the batting cage during evening hours so the business can be extended I think we'd have a hard time selling our home if someone heard this recurrent noise the business owner claims he's operating a charity and not subject to licensing regulations or codes the town States based on a visit that the owner claims his operation is for his son and the neighborhood kids both are simply not true I've counted up to 12 customers a day and the business averages 45 to 50 customers a week I have recordings of his customers stating that they pay 70 or more for each 20 to 30 30 to 40 minute lesson I've shared some of these recordings with Town staff and I believe all yourselves council members when this business was starting up the owner had a magnetic sign on his truck advertising Hitman baseball coach with his phone number his Facebook page also includes a solicitation for customers I've shared the name and address and phone number of two additional individuals whose homes on Santa Rosa border this business on the North both have stated they are impacted by the business one of these individuals was supposed to be here with me tonight I don't know if he is I'll close with and this business needs to be licensed which will solve the noise problem because it can't exist based on the codes I interpret what a reasonable person would honestly believe that charging what reasonable person would honestly believe that charging for a service week after week month after month year after year is not operating a business subject to licensing and codes I'll tell you only someone trying to get away with ignoring Gilbert's licensing and code regulations and avoid and avoiding payment of taxes that's who I'm done I just wish and hope the city can do something about this thanks thank you Mr Cisco and I know this isn't a where you want to spend your birthday but I'd like to say happy birthday to you now you're talking thank you very much Mr Cisco um Brandon riff thank you good evening mayor and Council for the past three years groups of teenagers and some young adults haven't continued to terrorize Morrison Ranch residents and local stores a few dozen teenagers who are underage unlicensed and uninsured are ripping through our Parks common areas and residential streets with unregistered uninsured and not street legal dirt bikes in a dangerous and Reckless manner destroying property and depriving people of the peaceful enjoyment of their homes some residents have become so frustrated by all this they're now resorting to vigilantism someone pounded Nails into a sheet of plywood and buried it under the grass by the silos hoping it would pop their tires problem is all of our children run and play in that field if a child were to fault it could kill them and if they caught whoever did this to my knowledge the answer is no over the past couple years now we've had our home and vehicles vandalized dumpsters set on fire in front of our home commercial grade explosives detonated next to our home bolt cutters used to shut off our power indecent exposure public urination and defecation drag racing reckless driving drug use drug deals and multiple assaults in one example teenage thugs held down a younger boy and proceeded to shoot him repeatedly with high-powered air guns leaving his body covered with bruises and welts just four days ago my neighbor and I witnessed a truck drive through the grass by the silos trying to run over a bunch of kids I ran over to help and luckily he missed and everyone was okay while standing outside waiting for the police a different vehicle pulled up and shot me right in the face with water and some sort of maester pepper spray it took 90 minutes before we finally saw an officer then despite providing the officer with a plate number and high definition video of both crimes being committed to my knowledge no arrests have been made no one has been held accountable taking 90 minutes to respond to an emergency call is unacceptable the taxpayers deserve to know why this happened I asked the mayor and Council to please seek out some answers to be clear I place zero blame on the officers who Brave bravely and selflessly serve our community I do blame these soft on crime policies that give criminals the upper hand and leave law-abiding citizens vulnerable and at risk I do blame misguided policies that make many officers afraid to even do their jobs because they don't want to get in trouble or get fired take a look at the About Us section on the town's Police Department website all you'll see is a bunch of negativity not much positive or in support of our amazing police officers who seeing this would want to work for an organization that focuses on everything police do wrong and nothing about the critical role these Heroes serve in our communities the police policing policies seem to abandon traditional justice as in enforcing the laws maintaining order and keeping people safe the current Mission talks about holding police Personnel accountable for their actions limiting exposure to liability maintaining transparency and focusing on professional reputation for professional Excellence respectfully that's one of the most worst mission statements I've ever heard whatever happened to protect and serve the mission for our Police Department literally says nothing about Public Safety we can and must do better enforcing the laws for the sake of Public Safety needs to be top priority and the core element of the mission for the police department let's get back to protect and serve and restore Law and Order and Morrison Ranch thank you thank you Mr Roof mayor with that that is all of the communications from citizens we have thank you vice mayor now on to the consent calendar and you'll be handling that also thank you mayor we have one request to pull item number seven and uh by council member Bon Giovanni so with that I'd like to make a motion to approve the consent calendar items number five six 8 9 10 11 12 13 14 15 and 16. I have a motion by vice mayor telkey can I have a second second I have a second by council member Anderson please vote who somebody hasn't voted who is it saying I can't read it it's not showing up on here oh there we go it's it was motion passes seven zero um Town Staff last meeting I had the voting board on here so I could see it and this year this time it was not so I couldn't see who was not voted yet thank you now um um item number seven um council member Bon Jovani I just wanted to make a a couple of comments about item number seven um you know many times people talk about I have concerns about government spending and we're spending too much money and I agree in many things that we do but rarely do we hear about um behind the scenes and some of the heroes that we have behind the scenes here uh in this project they put out a RFP initial RFP that came back at 1.3 about 1.3 million dollars and the staff said that was way too much so they waited put a second RFP which came back at 980 000 uh at a more than 300 000 savings um if we would have gone with the first RFP the contingency they'd be asking for would be about 300 537 thousand dollars instead of the 235 000 that they're requesting um from the contingency fund at a lower rate of the second RFP so I just want to um command Parks and Rec and purchasing department for protecting Gilbert's taxpayers and with that I want to put a motion in to approve the general fund contingency in the amount of 235 703 motioned by council member second by council member koprowski please vote motion passes 7-0 moving on to I thank you vice mayor moving on to our public hearing portion of our agenda items will be heard at one public hearing at which sorry excuse me yes um I believe the motion that councilmember Bon Jovani said was to approve subsection B the contingency did it also include a the approval of the contract if not could we clarify that correct yes would you like a second motion for item seven for item seven a seven eight just to clarify okay so uh bo should you approve 7A also I'm a motion by council member Bon Jovani second by council member Torgeson please vote motion passes 7-0 thanks for that catch catch Chris when it's a multi-part we have to be careful to make sure that both are covered thank you for that moving on to the public hearing portion of our agenda I will go ahead and open the public hearing we have three liquor licenses and the ranch with a request to be tabled um we have the code of a code of Gilbert potential resolution ordinance excuse me ordinance and we have three fees would anyone like to we have we have comment cards for item 21 the code of Gilbert ordinance is there anything else that anyone would like a presentation or to comment on or would anyone like to cover all of these with one motion except for the code you'll have to turn your microphone on um okay items 22 23 and 24 can can we discuss those yes I can keep those separate that's what I was asking if you would like to keep those separate yep okay so then I'll if anyone would like to I'll close the public hearing if anyone would like to make a motion for item 17 18 19 and 20 which would be tabling the ranch case and the three liquor licenses summer a second I have a motion by vice mayor tilkey a second by council member Bon Giovanni please vote motion passes 7-0 now we will move on to item number 21 I'll open the public hearing and I know we have some residents that would like to speak on this issue it's Dakota Gilbert conduct a hearing and consider adoption of an ordinance amending the code of Gilbert Arizona by amending chapter 62 traffic and vehicles as stated in the agenda um I don't think we have a presentation on this I'd be happy with just going right to the public comment with the public hearing open is does that is that good for the council vice mayor you have the statement the comment guards thank you mayor and I'd just like to um confirm that they will each have three minutes each um so when I call your name if you'll come forward and state your name and place a residence you'll have three minutes that will show on the clock so first up is Andrea Wolverton followed by Shane Andrea or okay foreign on for you yeah there you go mayor council members I was here oh sorry Andrea Wolverton I'm a resident of Gilbert I was here August 9th the then city council or Town Council was questioned about the light rail or commuter rail we the citizens were told unequivocally that the town of Gilbert was not looking to put in a light rail or a commuter rail even though countless studies on such had been completed we were assured that nothing of the sort was being planned imagine my dismay to hear that commuter rail was on the calendar again for tonight just six and a half months later I hate being lied to I absolutely hate it especially to my face I need you to do better I need you to be better and not lie to us it's why nobody believed you when you told us that it wasn't going to be on the calendar ever in the future that it wasn't being planned and here we are six and a half months later talking about it that's all thank you Miss Wolverton we're going to ask that we do not clap during this presentation we want to ensure that every speaker has the opportunity to come forward and I believe this is Shane is that right yeah thank you mayor Peterson council members my name is Shane krauser I'm a resident of Gilbert we live over on Greenfield and Pecos we've been here for nearly two decades we've raised all six of our children here in this community and we have deep roots in this community dating back to 1981 with our family and I'm here to speak in support of the of the amendment to chapter 62 which would prohibit local funds from being utilized to fund or maintain a commuter rail or Light Rail and two reasons I want to speak to just briefly number one this is not something that the taxpayers wish to support and if a light rail or commuter rail were to be implemented into this town taxpayers would in fact pay for it and um I think it's important to look at other places that are equivalent in size and density in population to Gilbert you can look at Philadelphia or excuse me Pittsburgh and Cleveland we are a town of about 70 square miles Cleveland is about 60 square miles and Pittsburgh is about 60 square miles all of these places have a population of around a quarter million to 350 000 people when you look at what goes on in Cleveland and Pittsburgh every time someone steps on their commuter rail or light rail they are losing about three dollars per passenger per ride that is incredibly expensive my source for that is the Hamilton project where you can look at commuter rail and Light Rail systems throughout the country so that there's no question that taxpayers would ultimately pay for this and we don't want to pay for it and so we're asking that you support it as step one this ordinance to ensure that local funds or funds will never be used to support this number two I would ask almost rhetorically if this is such a great idea why not privatize it this is an action that's being taken that's taking place across the country you can look at Texas you can look at Florida and you can look at Nevada they're all taking measures to identify whether privatizing commuter rails and light rails actually work you can look to Asia and see where it's working effectively and the bond online as we all know that in the town of Gilbert there's no private entity that would come into this town and actually submit a proposal because it's a money suck for lack of a better term it would not make money and as a result of it not making money taxpayers shouldn't be on the hook for that so we stand in support of the ordinance to ensure that local funds are not used for this for a commuter rail or light rail that's what I believe the citizens want that would be good for Gilbert and it would allow the government to actually step into its proper role in this capacity thank you so much excuse me please thank you Mr krauser next up is Pamela ingermanson and then following her will be Sherry Brown oh thank you I apologize I'm new at this so uh thank you um you do not really speak but you are in opposition thank you and I believe Sherry the same right thank you very much for your patience so next will be April tornquist and followed by Ginger Smith April okay okay may I ask for a point of clarification yes so by supporting this amendment of chapter 60 62 that is to prohibit the funding for any sort of rail system is that correct okay it's my understanding yes thank you and if you'll just say your name and please I apologize I am April Turnquist I am a resident of Gilbert I have been here for nearly 20 years raised my family here um I will keep it brief in the interest of time uh my son spent a couple of years in Canada Quebec and I asked him about the homes there and he said there aren't any homes there are just apartments and they're just Rail lines and I thought that was really interesting and I started doing a study um and uh researching Freedom versus not free social um socialism versus freedom and the places that are socialists the people don't own their homes and they write on public transportation we want to live in a country that's free thank you thank you very much Miss torquist Ginger Smith and following Ginger is Aaron accurso just state your name and place a residence please thanks hello my name is ginger Smith and I am a resident of Gilbert honestly just my biggest concern with the light rail is the amount of crime that will be coming through it um I I got the opportunity to take the light rail coming back from Sky Harbor one day and when I sat down my seat was wet and I don't know what it was wet with um I've seen people that are intoxicated possibly overdosing homeless people everything just I don't want that near my children we already have a huge human trafficking situation going on in this area we don't need to add to the high risk of that that's all I wanted to say thank you Miss Smith Aaron accurso and then Amy yentis good evening Council mayor and Council my name is Aaron accurso resident of Gilbert I want to encourage the council to approve this this new ordinance without amendment when there was discussed last fall there was an attempt to amend it and water it down I we need to keep it as it is written with with no Amendment you might be concerned about contracts that the that the town has already signed on to with regards to possible commuter stations Commuter Rail stations Transit stations I believe that the cost of breaking those contracts would be much less than the cost of the upkeep of those potential facilities in the long in the Long Haul and the cost that would be to the town is not just what is TA is tax money or public funds those public funds are our funds citizens funds the taxes that we pay taxes that we pay go to the town to support something to that is subsidized keeps us from being able to support something like the light uh the the machines that we were talking about earlier this evening I would encourage you to pass this amendment to make sure that any future Council who wants to do studies on light rail Transit stations or or Commuter Rail stations in the town going forward they have to actually vote to change this ordinance back so that they go on record and not just slide uh public funds going into studies and then also potentially entering into further contracts for for this type of situation so I do encourage we don't want commuter rail Light Rail any of these type of Transit stations in the town of Gilbert and I think I'm speaking for quite a quite a majority of our town residents thank you for your time thank you Mr cruso Amy yentas you're next mayor council for the record amientes Gilbert resident nice to be on this side of the diocese nice to see everybody tonight and uh I'd be just derelict in my responsibilities as a taxpayer resident if I didn't show up tonight and urge this body to pass agenda item 21. I think it's very important that this community is proactive when it comes to this policy and there's a lot more of transparent discussion to be had but one thing is we need to we need to be honest about whether we think this is this is really something that could come to the community and I think 100 percent that we need to be truthful that the fact that that the powers that be in the jurisdictions involved in making these decisions absolutely is are putting the pieces together to have this uh line that runs from Tucson up through Queen Creek and Gilbert into Phoenix to fruition it's in the governor's budget it's only 7 million sounds like just about enough money to throw at Consultants to to you know grease those Palms but um the other aspect of that is the federal government is offering hundreds of millions of dollars and so we can see these out I can see these elements coming together this is going to be a reality it's something that the community is going to have to deal with so then the question uh that you can ask yourself is uh because I think we can say and plan on the fact that it is coming uh what can Gilbert do what can Gilbert not do and those are important questions to ask one thing Gilbert can do is pass a proactive ordinance to make sure that as a previous obvious speaker said Gilbert taxpayers aren't subsidizing this if we don't think it's right for our community which I don't another thing Gilbert can proactively do is make sure that we're not building Transit facilities that accommodate stops and boardings within our community for a various number of good good reasons policy reasons but I want to address something else which is because it seems like the the Sands have shifted a little bit when this conversation is uh has moved from no this isn't happening to yes it might be happening but it's outside of our control so then the question really is you know this development agreement that was adopted back in 2008 and I I want to make it abundantly clear that I think this language in in this 2008 Cooley development agreement is is quite plain about what Gilbert's obligation is and Gilbert is not obligated to build a Transit facility it is not obligated to accommodate commuter rail in one or two of those abilities what it's obligated to do is use all reasonable efforts and authority to work and plan with ASU East Valley Cities mag Phoenix Mesa Gateway Southern Pacific air railroad the Arizona rail passengers Association and related stakeholders now I won't uh I don't know who to cast blame I don't know in 2008 who wrote this development agreement but I can tell you who was left out of this required stakeholder group and that was taxpayers and citizens so now is kind of the opportunity we have to vet through this is that my three minutes already oh gosh yes some things are easier to go faster when you're on that side sure it does um urge you to to vote for this I urge you to be proactive and um and happy New Year everybody nice to see you what do you think of the new digs Amy very fancy thank you Miss yantes and it was very nice to see you and mirror with that that all of the public hearing great thank you um bring it back to the diocese I will I don't know that anyone has any questions for staff at this point so I think I can probably close the public hearing and bring it back to the diocese for discussion I'd like to open that discussion and the fact that I agree 100 with Amy the car and Aaron acousters so the cost of breaking a development agreement is far less than the cost of dealing with the rail it's the Light Rail and commuter area are completely separate entities and and yes Light Rail is pretty much dead on the vine because it stopped at Gilbert Road and Main Street its initial plan was to come down power road that was proposed 20 years ago it stopped there I'm glad it stopped there as a person who grew up in Los Angeles when I go back to my hometown Glendale California uh Amtrak has Metrolink it's a mess it's ugly it brings crime it brings homeless it's a step up from our light rail my business is on the light rail I challenged a uh salesman has said that Mesa was one of the safest communities in the country I challenged to walk around my building he found a crack pipe less than 20 feet from my front door so it was brought by the same person the same people that killed the man that fixes my shoes lamb that there he's dead I light rail is not truly the focus the focus is commuter rail I believe that uh if any aggrieved parties exist from breaking the development agreement that the cost would be less I feel it's to preserve the character of this town we must vote Yes on this this ordinance uh to the first lady I don't believe uh anybody was lying by bringing this up and I hope you understand that I'm bringing this up to try and make sure it doesn't happen and I don't think a lot of people here even understood that it was written in by somebody in 2008 and the stakeholders weren't you and they should have involved you so with that I I very much am in support of this ordinance this resolution to uh to not fund anything Light Rail and I agree with missientes that I don't really think it violates the agreement anyhow councilmember Buckley thank you I uh I don't think that's any secret how I feel about light rail because I've talked about it for the last nine months and I agree one thousand percent with uh Amy yentis and what she said I do not think that Gilbert is a fit for commuter realm or Light Rail and as Jim said I don't think Light Rail is really the issue right now but even if you know we've been told that commuterol is not coming we need to vote Yes on this and make sure that if somehow it does get here in the future for for us for our children for whoever that no Town money no Town funds will be spent on commuter rail and I again I'm in full support of this and thank you so um I want to make it perfectly clear that if we lose this amendment tonight it does not mean that we're putting in light rail or computer rail I don't want any rumors going out that we voted you know this didn't pass and that means we're building it tomorrow um win or lose I just want you all to know that your voice was heard and it isn't over and um I'm not a farmer but I live by some really beautiful horses down the street from me I'm a city boy and I know that uh if a snake has a potential to bite you you don't talk about it you find a way to kill it and that's how I feel about this amendment and I'm fully in support of it councilmember Anderson I have a question for um Chris there's been discussion about this particular ordinance addressing the the commuter rail and Community rail facilities this is the language of this cover commuter rail facilities uh mayor councilmember Anderson I've got it up right now let me just confirm I believe the answer is yes the prohibition would be commuter rail or light rail located within your the jurisdiction of the Town prohibit the use of um or spending and resources expenditure monies accounts credit facilities Vehicles Personnel equipment buildings or any other thing of value for the furtherance of commuter rail or light rail within the jurisdiction of the town including feasibility studies stations designs and the like thank you what I'm concerned with and um thank you for the clarification on the language I was confused about that but the thing I'm confused with we were talking about Good policy or bad policy I can tell you what bad policy was when the town of Gilbert gave up a whole stretch of freeway Frontage years ago and lost the opportunity that Economic Development could have been brought to Gilbert but we gave it up to Mesa that was bad bad policy and I don't know that this is bad policy or good policy I know Amy brought that up about whether it's there there are policies that we should consider when talking about putting the station in what I'm concerned with is if it does happen in the future even if we don't put any money into it that's bad policy if we let that train go through the town with no opportunity to gain Economic Development from it um that's my view so I'm confused whether or not at this point whether or not I would support totally Banning any any uh opportunity to at least locate the station in the town if that happens in the future councilmember Kapowski so I think the ordinance as written is a is too strict in its terminology because it it says that no resources including staff time could be spent on this topic at all and a big part of the leadership and why we sit up here as a representative body is to plan for our future residents we can't plan in a vacuum or without the full spectrum of information and we talk a lot about public engagement but public engagement occurs during the planning process and during these planning studies that's a big part of why they're done to cut off the discussion about the future needs really short changes our citizens and the voters that were elected to represent when we think about other types of development that can come into town of Gilbert where we don't have a lot of control we think we can use examples like schools or religious facilities or even 5G infrastructure we don't not talk to them we work with them even though they can be built anywhere in our community we don't ignore it we work with them to reduce negative impacts and set standards that'll meet our community's needs the future requires options and I think that it's really important that we we may not need or want passenger rail today or in the future but to completely remove alternative transportation options for our future and to not be able to even talk to stakeholders about what may come up in the future it just limits our the potential for Gilbert as councilmember Anderson mentioned the economic development potential it closes the door for opportunity Coulee station is two miles from ASU Polytechnic campus it's a four minute drive the Mesa Gateway Airport is three miles away from that area a seven minute drive even though those are located in Mesa we have we are a stakeholder in the airport and the ASU Polytechnic campus is a regional economic driver that we I think we we need to be thinking about as we consider this ordinance or a revision um So currently I don't see any tangible benefit to Gilbert residents to limit the conversation or to limit our understanding of the short-term or long-term impacts and needs of Transportation in our town so I don't support the ordinance as written thank you I'll mentioned one more thing if it came am I allowed to sure okay cool um you know it's it's true we don't we don't know the future if you'd have said me 15 20 years ago Chuck you're going to use your phone and get into a car with a perfect stranger and he's going to take you around wherever you want to go I would have said no way so we don't know the future and and we're not saying in this ordinance that we're not we're not going to support a Transportation Center because Lord knows what will be in the future that could be a maybe a spot where we have electric Chargers it could be whatever the you know we're looking at 10 20 years ago and The Innovation from there from here till then until then I just know the trains are in the past that's all I know but I'm open to the future and I'm not saying and the ordinance isn't saying we're going to not get out of the contract and not build a center it just says we don't want trains in that Center you know to that point um it's 18th century technology we're in the 21st century that's that same commuter station could be an EV charging station it could be scooters it could be whatever but what it has proven to be whether it's Los Angeles whether it's Bart wherever it is it hasn't proven to be positive it does nothing but lose taxpayer dollar there's not a single place in the country where it breaks even and quite simply in your own words councilman techie a future council could turn this right around they could say that we were ignorant and we were botching it and they could just turn it right back around because there's such great opportunities with commuter rail that are coming forward and Torgeson was just such a for suggesting this so let the the future of Gilbert ride on the next Council that says no torgerson's an idiot Let's uh let's have some commuter rail then so I I think that in order to send the proper message to this town to the people that count on their safety the count on their the the character of this town that we need to give them that assurance and if we don't I think we're disingenuous as to representing them I just do council member Anderson Just a point of clarification that Transit Center that's identified in Coulee station is intended for buses for scooters for all sorts of Transportation it's not just rail there's lots of transportation and that developer is depending on that and nobody's saying not to have a transportation center there they're just saying no commuter there and we can have an ordinance that says I'm an idiot anyhow in its own separate thing if you wish that'd be fine but I'm standing by what I am suggesting as something to reassure the people of this town that the character of their town and what the the safety they expect is intact until the some future Council finds it to be absolutely abhorrent that this was written I suggest we move forward councilmember Buckley well I I would like I don't know I know that council member uh kopowski mentioned that this says that we you know we do we're totally taking out commuterol and this maybe Chris this might be something for for you but it's my interpretation of that is right we don't want commuter rail but the main purpose of this is so that no Town funds are used should that happen down the road and um and I I am one thousand percent I do not believe that the town should pay any of their funds and and and I understand what councilman Anderson was saying but they're you know less yet the people bringing the commuter rail in have them pay for that if it were to ever come but uh I I don't read that as being never I'm I read that as the main part of this is to not use really we say Town funds that's really the residence tax funds it's the residence taxes that they're paying and they will go up if that were to happen the ordinance as written currently states that staff resources couldn't be expended either and I think that's my biggest concern that we wouldn't have a seat at the table for the conversations and although it may seem like this is solving a problem at this point the conversations are starting now at this level because these transit systems if they're ever going to even be proposed they will take probably over seven years to even be developed before they're implemented but the conversation start now at this level and I think that's why it's important for us to be open to the at least having a seat at the table so we can have the conversation and have the proper public engagement versus shutting off all connection to these systems completely thank you isn't it part of the code that that staff can participate in conversations where it's mentioned where it's considered but it's not a staff resource it has to be an ancillary subject something of that nature I think if I'm I can't find it looking at it but it it I believe it states that staff time yeah it says the town shall not spend or use its resources including the use or expenditure of money's accounts credit facilities Vehicles Personnel equipment buildings or any other thing of value to the town for furtherance and beneath it it says they're not forbidden for prison for the participating conversation as an answer of the subject isn't it the section shall not be construed as a Prohibition of participation by the town its employees or its officials in state Regional or local planning bodies committees or boards that may incidentally address or conduct business pertaining to commuter rail or light rail that's that's like me sitting on Valley Metro that's what that speaks to that's not having a conversation with another outside group about this that's how I read this that's my position on the Valley Metro rpta board meaning I can be part of those discussions that are going on but to me this still prohibits staff from being involved in any other discussion that might be coming to this area that's one of the parts that concerns me the most I think this is a I always refer to it it's a pool offense ordinance it's a false sense of security no matter what we do here in the town of Gilbert no matter what we restrict here in the town of Gilbert Amtrak could use the rail that comes through the middle of Gilbert to put a passenger rail on that train on that track and run that train from Buckeye to Tucson and back again every single day so this ordinance won't stop any of that we can't put a tax into effect for commuter rail or light rail which light rail is not even an option in Gilbert without a vote by the voters that's state law to put a new tax in place where so we're we're trying to govern something that already has restrictions on it and I'm afraid that if we pass something we're going to work ourselves into a corner and my concern is like council member koprowski has stated that we're not going to be able to plan if that rail does come through Gilbert how do we plan for how that's going to affect our community whether we want the real or not we're not paying for it we're not offering any dollars to it we're not offering anything to it we still have to be able to plan for it to potentially come through our community that's our jobs to plan and and make sure that this community is safe and well run into the future and we don't know what those items might be if we can't have the conversations even with Amtrak this would say we can't have those conversations with Amtrak we can't be involved in those conversations and that concerns me from a planning perspective for the future of this community and I do think it's going to prohibit the discussion of Transit stations and whatever we call those it's a Transportation Hub let's call it that would potentially house electric vehicles Uber and Lyft electric scooters maybe a Circulator bus from the Heritage District to Coulee station and back again that needs a place to be able to start and end a bus that would then continue on to Phoenix Mesa Gateway or ASU that needs a place to start and end and if we can't have those conversations about those locations or run a study for that station that sits on land that we own we are tying our hands unresponsibly for the future of this community in my opinion but I think we're playing behind the football here um the number of times I've heard from this dice no way are we having light rail okay so let's put our money where our mouth is and solidify that and say no there will be no Light Rail and the ordinance will say no light rail again I'm all for the other methods you're talking about I see nothing in the ordinance that says we can't spend money on that it's just specifically talking about Light Rail and commuter rail and I understand the the process if if Amtrak says we want to have commuter rail here yeah we probably do need to fund something to see how that would base us economically but let's kill the light rail because it's been spoken on this dice a number of times I don't want to leave you know today knowing that it's could still be alive somewhere why don't we just kill it and that's a great possibility to do I am not going to sit and edit this ordinance from the dice that's poor management it's poor leadership if we have an opportunity to take this original ordinance back and make some changes to it like I saw in the second version of this ordinance I would be much more open to that discussion and I think there's a way to get there it's not by voting on this this evening it's taking this and working with it just like we did a year ago or almost eight months ago at the study session and said there are pieces of this that we are not comfortable with that I need to look at a little bit closer and then we came back with something that was better and we never had the opportunity to talk about that because we were shut down by a technicality and it just never came back I think more of us were willing to discuss that that evening and we didn't get the opportunity to and now we're being forced into making a decision on this tonight that we're not comfortable with this is the original version that we were not comfortable with of course we were handed it we were sent this version sitting at the diocese that evening too so we didn't get a chance to even read it ahead but I've seen past Council meetings where we've now we have been involved we have changed uh ordinances or suggestions for ordinances before uh the golf cart on the go-kart thing was discussed on the dice changes were made from your audience from the dice itself that's a planning case it's a completely different kind of situation this is something that we would need to Tool into a little bit better version of this ordinance and I would be happy to work on that but I'm not comfortable with it the way that it is this evening well again to to reiterate it doesn't prevent the discussion of a transit station be clear about it it limits the ability for light or commuter rail to be part of that discussion it does not prevent it from being a transit station and it can be overturned if somebody finds something in the future we see I mean Amtrak is just such a money loser it's it's an insult to anybody that ever pays the diamond taxes and it doesn't bring anything we want and I I stand on on what I'm saying it's it's something the people of Gilbert don't want and they certainly don't deserve the the ugly end of it that comes with it I'm never one to pass an ordinance that I don't think can be enforced or shouldn't have been passed in the first place I am not for more government and I think that we are sitting here trying to massage something into something that we can be comfortable with and that is not the right way to do it from this dice I would be very happy to say let's continue this item and to come back with something that is much more manageable and workable that we can come to a consensus on okay that's what I'm asking for right but that being said government wrote this agreement somebody was responsible for inserting that language in this agreement and when you're saying you don't want my government to say uh we won't do this government created the problem Jesus Christ I have it on you're on mic you have your mic on wow wow wow um just wow and I actually it's been so long that it actually turned off the mute uh sorry about that I'm just saying I'm just saying that we have gone eight months so far and there is nothing wrong with taking this version back and working with it to come to a place that the majority of us can feel comfortable with I was much more comfortable with the second version of this that we saw and you chose not to bring the second version you chose to bring the original version that we all sat at the study session and said we are not comfortable with this version I would be very willing to take this version back and work with it to bring it back to a place that I think everybody would be comfortable with and we can make sure that it's worded properly that's what I'm asking and we don't do that from the dice but we can also call the vote and do that you can make a motion well yeah well I I want I want to clarify something before that happens uh or it doesn't happen uh you were talking about uh Amtrak and the rails running earlier I just want to clarify that we understand that I do anyway I think the other the other people understand that that is federal there is nothing we can do about that and and it's Federal money that's used but that doesn't mean that we should spend taxpayer money to build Transit stations stop and drop stations and and I and I realize you're saying that you know there can be other things but with what follows the rails like that Amtrak commuter rail those stations may not even be usable for the everyday citizen the you know it's going to be a hangout for for panhandlers or who knows what so I but I wanted to clarify that I know what Amtrak is and I and that's not what we're talking about today and that could come and there's nothing we can do about that but um I you know I just don't feel like we should spend taxpayer funds for Transit stations or on anything that has to do with commuter rail or light rail but what you just said was on Transit stations and I just made the point that a transit station could be something completely different and so that's what I'm concerned with I want to make sure that this is worded properly that we can still be able to do the things that we need to do for planning in the area especially when we're talking the Coulee station area we have a responsibility to do that we do have a development agreement in place we have a responsibility for that and it concerns me that we all can't decide exactly what this means sitting here tonight I want to be clear about what it means before I vote on it okay can can we ask Chris what his legal version is of that okay I don't mean to put you on the spot but can we ask you on the resolution that's that's here um can we ask your legal opinion of that uh council member I guess in in with regard to what what it actually does with regard to the um it's the resolution right it's an ordinance the ordinance yeah I'm sorry I thought I said it wrong yeah the ordinance for light rail that in there that specifies the main thing that we're wanting to make sure is that no taxpayer funds are used to or will go toward any commuter rail or light rail should it ever come because we don't I I don't feel comfortable that it's maybe isn't going to get brought up again and maybe it won't but I'm concerned that it might get brought up again so the the ordinance that's there can you give your legal opinion of things that the mayor is asking and why and and wanting to have in this is this going to stop us then I guess what I'm asking is this is this going to stop us at some point in the future um of doing anything else is there anything legally in there that says you will not be able to do anything else so councilmember with regard to this ordinance if this was passed in its current form as was discussed the town couldn't spend or utilize any resources including um you know staff time vehicle time to further commuter rail or light rail in the town of Gilbert um there's the subsection C has that exception for uh you know you could the town or the employees or officials public officials could continue to participate in state local Regional local planning bodies as was discussed Valley Metro mag would be another one that we could this would not prohibit it prohibit current participation in that generally but if it's with regard to anything to do specifically with a light rail or commuter rail we would be prohibited from doing that so that's the effect of this ordinance it also prohibits assessing a tax or a fee to fund any commuter rail or light rail or anything associated with that I'm 100 on board with not assessing a fee we can't pass a tax without going to the voters to ask for a tax so that's already taken care of under state law I'm concerned with the part about and it's very specific about having a discussion about anything with commuter rail that will affect this community so I want to make sure that if Amtrak calls us tomorrow and says we just want to tell you that we're coming together we can at least send an employee to have that discussion or one of us can go and have that discussion without it being against the law that's what I'm concerned with because that opens us up for those discussions whether we agree with them coming or not that we have the opportunity to have those discussions maybe it's not Amtrak maybe it's on board America who knows and mayor the ordinance as as written would prohibit that discussion under those circumstances that's what I thought it would it would prohibit a council person that's not technically a well that's not a per se a salaried employee I guess we are in a sense so it would prevent a council person from speaking to them it says we're not technically employees in that respect they're kind of Quasi employees you are and you're not but what it does say is anything of value if you're using maybe you're not you know considered Personnel I guess we'd have to Define Personnel if Council wanted to exempt themselves but if you're using a town email or a town phone that's a town resource and that would be prohibited in doing that under the code is written see this is what's going to make us a great Council discussions open discussions and uh you know we can always go back and and make it clear take some things out massage it but I'd rather call for the vote on this now and then make a motion to call on the vote for it seconded so we have a motion by council member Bon Giovanni seconded by council member torges and please vote like oh could I excuse me but councilman antipani was your motion to call for the question or was your motion to approve the ordinance upgrade the ordinance yeah that's what I thought okay oh this is a first wait I hit the wrong button uh I knew I was going to do that because I went X for no can what can I do well we would have to clear it and revote sorry the motion fails no for yes three so the ordinance as it stands this evening fails to pass but we can work on an alternative and bring it back so that we are more clear and we don't hinder business for the future of the town of Gilbert I'm disappointed that we took it to a vote but we will move on to our next item moving on to item number 22 fees 23 fees 24 fees open the public hearing on all three items I don't think we have anything anyone to speak on those three items I think we have some questions perhaps council member Buckley I I do um all the things of what I have seen is that there are two um two fees that are going to increase the utility rates we have three here we have number we have number 22 23 and 24. do we have the amounts for each one of those staff mayor I had asked if staff would be able to give a presentation on the the three items would would that satisfy let's let's start with the short presentation from staff then since vice mayor tilkey had asked for that so I think that they're prepared and then maybe you will get your questions answered at that point council member Buckley okay and if not then you can ask your questions again okay thank you good evening mayor and Council Leah reinheimer assistant Town manager we will try to make this as short as possible but there is a lot of information to cover so tonight's conversation is to clarify the rate history and process share the rates needs and recommendations and then the council adoption of recommended rates before we begin that conversation we start by stating the obvious and that is that our community loves Gilbert 97 percent of our respondents gave positive reviews of the town as a place to live and the overall quality of life and that was in our most recent National citizen survey this did not happen by accident it was significant efforts and significant investments in planning funding and maintaining our infrastructure that supports this high quality of life and you can see that in the 95 percent of respondents who felt very or somewhat safe from fire flood or natural disasters and that 86 percent of our residents rated the quality of utility infrastructure as excellent or good and when we talk about utility infrastructure we're talking about our water sewer storm water and environmental compliance rates now the presentation of rates tonight and the vital needs that the additional Revenue will fund will help to continue to support these high satisfaction ratings and the expectations of our residents the high quality of life for which our community is known is primarily the result of three things vision and strategic planning consistent and intentional Investments by our Council leadership over the past several decades investments in infrastructure and resources and also just as importantly sound financial policies and practices adopted by the Town Council and here's what I mean by that oops the Town Council adopted a policy statement regarding user fees the Wastewater fund and the Environmental Compliance fund are what we call Enterprise funds this means that user fees needs to be collected to recover the entire cost of operations this also means that as a financial practice we do not subsidize these utilities rates are how we fund critical storm water and wastewater infrastructure and services tonight's rated option is absolutely essential to ensuring Gilbert can continue to provide these fundamental services to our residents now there is a misconception that growth is behind tonight's rate adoption and that is inaccurate utilities are separate Financial entities under the Gilbert umbrella they operate independently financially and they are not subsidized rates cover the cost of operations but they are not used for expanding the system to accommodate new users or growth that is where our system development fee are also known as impact fees come into play an additional policy statement that is critical to Gilbert's Financial stewardship is this policy regarding our minimum unrestricted fund balance fund balance is an important indicator of Gilbert's financial position maintaining reserves is considered prudent management practice what's most important about this slide is that adequate fund balances are maintained to allow Gilbert to continue providing services to the community in case of unexpected emergencies or or requirements and or economic downturns maintaining a minimum fund balance is essential so follow the following these key policies is a key part of the reason that Gilbert is rated AAA on our bonds there are less than 50 communities in the country that are rated AAA and Gilbert is one of them this Elite rating enables Gilbert to secure the best interest rates when bonding and if we stop following our adopted policies or take actions that indicate we may have difficulty repaying our bonds that could impact our ratings and also the interest that we may pay on future Bond issuances so with the town's Financial policies in mind this evening's actions pertains to utility rates and generally speaking the town has four utility rates water trash and recycling which we refer to as Environmental Services Wastewater and environmental compliance which encompasses our storm water management and air pollution Etc now depending on their needs the utility bill that our customers receive will have any between two and four of these utility rates bundled on their bill there is some confusion as to if Gilbert just raised rates last year in the spring of 2022 Council raised the water and trash rates while leaving the Wastewater and environmental compliance rates untouched this year council is asked to raise the Wastewater and environmental compliance rates while leaving the water and trash rates untouched this pattern is expected to continue to be continued each year alternating the review of these two utilities each cycle why is this important this allows for the impacts on the customer our residents to be spread out rather than large changes in one year and none the next previously as you can see from this diagram Gilbert went for many years without raising rates and in fact lowered rates in one area this has contributed to the situation we are in today the need the rate increases that are needed are now perceived to be even more pronounced because of the previous inaction and unfortunately the last two rate Cycles have left the town without many auctions however the goal is that once we make these tough but mandatory Corrections and catch up with the market forces that have been impacting These funds the two-year cycle will eventually lead us to more flexibility for how and when to enact future rate increases in the meantime at our present moment we have to deal with what the historically minor and infrequent changes have occurred so that we can keep these Services running at the level that our residents expect now in a moment Eric Brown is going to walk through the business case and data behind the rate adoption before you tonight while that information is being shared we know that top of mind for many of you and many of our residents is where does Gilbert stand in term of our overall cost of service so Gilbert has historically been one of the very lowest in the region and we know this ranking is important we also know that it is a top priority for the council and for our community that Gilbert has and continues to maintain quality infrastructure I've often said there is a difference between being Frugal and being cheap the team strives every day for the former and that is to operate at the lowest possible cost without compromising the integrity and the quality of the infrastructure that serves our community we know that if we do not adequately fund the infrastructure the long-term costs will be exponentially higher and potentially disastrous for our community understanding there is some anxiety about adopting new rates this is a sneak peek of what is proposed for adoption the team will get will go more in depth into this in later slides but the good news is that despite the fact that we must make these Investments we still will offer one of the lowest costs of service of the communities in the valley now why is reinvesting in infrastructure so important we might all be familiar with the current crisis in Jackson Mississippi computer was dying so that that's for eign we all might be familiar with the current crisis in Jackson Mississippi but as a reminder that water system has actually been failing for many years the less familiar part of the story is how they got to where they are today it was due to many years of skipped reinvestment into the utility to keep it in good working condition in the favor of keeping rates low the long-term cost is now come due and their Community is suffering from that our city of the future initiative is meant to avoid exactly this scenario The Establishment and continual funding and use of operating and r r funds for our utilities is a key component to our long-term strategy there is the potential that in our annual budget adoption and revenue discussions to miss the point of what we're actually tasked with doing and that is to provide these basic services to our community in perpetuity at the high level that our residents and businesses have come to expect with that Eric will walk through the data behind the rate proposal so as we talk about what these utilities are it's not always common to understand what goes into operating Environmental Compliance fund our stormwater infrastructure is vast and spread throughout the entire Community often right in front of our eyes we don't even understand that that is what you're looking at these beautiful retention basins that we have in our community double as storm water infrastructure we've got pump stations throughout the community two channels that convey water through the community as well as two Regional conveyance systems of washes over 400 000 linear feet of storm pipe all the way up to 10 foot in diameter and 53 underground storage tanks that our team of four people total operate and maintain our Wastewater system is even larger we've got 22 000 manholes that we use to access our gravity sewer the 912 miles of gravity sewer 30 miles of Force main 16 lift stations to pump that Wastewater to our two wastewater treatment plants once we have treated and purified that water we deliver it through our reclaimed water system to 65 reclaimed water customers and four recharge facilities that we own and operate in Gilbert all of those assets cost over 500 million dollars for us to install over the last 40 years replacement of those assets is a multiplier effect of that 500 million dollars so we have to have good replacement fund on hand in order to fund the the replacement of those of those assets prior to the the creation of our storm water management team there was very minimal maintenance done on our stormwater infrastructure and you can see the impacts of that clogged storm water conveyance systems dry Wells that do not work leading to to storm water flooding in our community now our team has gotten a better handle of this and they actively go out and maintain clean this infrastructure and repair and replace it as it wears out this is important not just for the Aesthetics of our community but for our own emergency response and for the Commerce within Gilbert the rate revenue from these these increased rates are intended to support critical projects to enhance the these utilities um shanoki wash is one of those Regional water conveyances through Gilbert and you can see standing water in that photo of sanoki wash because over time the banks have eroded and have we've developed these low spots where the water collects it's not just an aesthetic issue it leads to health concerns because of mosquitoes midge Flies and other issues the sunoki wash reconstruction project is planned for fiscal year 29. that's how far into the future we have looked on this with this rate plan Council gave us the direction to cash fund that project and so these rates are intended to save up the dollars over a a five-year period in order for us to pay for that project that project by the way we identified in 2014 as needed to be done so it will have been 15 years by the time we identified it to the time we were able to pay for that project of course the riparian preserve a Beloved Community amenity it's not just a beautiful Park it's also a water resource it is the the main area in Gilbert where we recharge our reclaimed water that comes out of our wastewater treatment plant the purple stripes that you see coming out of the middle of The riparian Preserve are the pipelines that we use to to deliver the reclaimed water throughout that facility it is undersized meaning that we are not make maximizing the water resource or the land resource so we identified a project in 2012 that we needed to expand the distribution system at that facility it has been continually put on hold due to budget constraints one last project I would describe for you this is described as an odor control project which seems purely aesthetical however odors that are caused in our sewer are from a highly corrosive gas that eats away literally the inside of our pipelines this one Odor Control project is planned for the Guadalupe at the Eastern Canal to dose chemicals into the sewer to eliminate the that gas that is both an odor as well as a corrosive nature for our pipelines you all are well aware of the pipeline that runs along the western Canal the 36 inch pipeline that conveys three million gallons of Wastewater per day through the heart of downtown Gilbert if you've ever been along the western Canal you're probably aware of the odors as well so this is a problem that we've identified the rate Revenue would go originally was planned to go to funding this project for construction next year the Environmental Compliance fund um all of the all of the the financial policies are displayed essentially on on this graph the horizontal line that you see the black line is the the minimum fund balance as calculated through the the council Financial policy and the orange bars are what happened with the Environmental Compliance fund balance if we go forward as with the current rates in place and you can see that in fiscal year 24 we are in a negative situation immediately um the yellow bars show what happened with that fund balance under the proposed rates and normally we would not show a seven-year financial plan but for the fact that we are saving up money for projects in the sixth and the seventh year of that financial plan so you see the the balance Rises until fiscal 27 when we start to to do two large capital projects the highway and then the sunoki wash restoration now this is a long-term financial plan but we will revisit this as Leah mentioned earlier we'll revisit this in two years as we get better resolution on the cost of those projects as well as what is happening with the market forces affecting us so as we get closer we'll be able to fine-tune as needed so make sure that we don't over collect or under collect in order to be able to do these projects in a timely manner all of that is wrapped up into the in the bottom line for our customers they currently pay four dollars and 28 cents per month um and that that Environmental Compliance fee is uh requested to to rise by 2.51 to 6.79 Total it's a flat fee residential non-residential alike all pay the same amount something has happened over the last several months or year nearly since we came to Council in the spring and um Council gave us direction to develop these rates three things in fact that have affected our ability even under the proposed rates to execute the projects that I just described the first is operational cost increases just like your household has seen considerable inflation over the last 18 months our utilities have faced those same pressures costs of chemicals and materials have skyrocketed in some cases if you're a pool owner you probably have felt something similar that bucket of chlorine that used to cost seventy five dollars now costs 75 or 225 dollars we use chlorine in spades that is one example of some of our costs have skyrocketed I'll get into a little bit more detail on some following slides the same pressure your household faces were facing the construction Market has had extreme volatility in it this is of course an important part of what we do is constructing and reconstruction constructing our infrastructure and so that has affected our costs to operate our utilities and then the last thing is um every five years we do an integrated Water Resources Master Plan update which helps us guide our next 5 to 15 years of future projects in those utilities we've completed that update since the springtime and it identified numerous projects that are are needed urgently for us to be able to meet some deficiencies within our utilities so as we look a little bit closer at those three items that are affecting the Wastewater utility in particular um the cost of inflation when you and I receive a higher a higher gas bill we make different choices about what we do in our lives what vehicle we drive how far we go on vacation a utility cannot do that our utility is facing the same pressures we don't stop applying Pest Control to our manholes just because it costs twice as much we foot the bill because that's what our customers expect they don't want the roaches the sewer roaches so we continue to do that when we build a project we don't use a cheaper incorrect backfill material because if we do 50 years of problems follow us all of this is kind of summarized in the cost um the costs rising in every single area of our Wastewater utility eight months into the fiscal year you can see that the cost of operating in all of those areas have increased and some of them quite dramatically that pattern of the gray bar to the yellow bar is going to continue upwards in fy24 with a similar size year-over-year increase expected those are eating away at the potential new rate Revenue construction Market volunteer volatility as I mentioned earlier construction and repair repair and replacement is a big part of what we do there's a lot of individual Commodities that are shown here some of them are much more impactful to particular projects than others so if we take a look at the average of all of these indices you can see a 55 percent increase over the last three years now our Capital Improvements team does project updates every single year for us they typically use a four percent cost inflation escalator in our capital projects last year they started to see the beginning of this graph and they used 12 and a half percent which was extreme costs have risen by more than four times what we have expected in that time period so clearly our best guess was not sufficient enough what does that actually translate to in real dollars well this graph shows that the capital projects that are planned for fiscal year 24. on the left hand side we show the budget for those projects in FY 23 and on the right hand side you see the new revised budget of those same exact projects they have risen by 14 million dollars the riparian project is the one that is in the hatch marks there that's what I described earlier that was pegged as a three million dollar project and today is is is priced at nine million dollars the rate revenue from this rate increase a new rate revenue is 13 million dollars we can't even pay for these projects with this rate Revenue this is all in the in the in terms just to show what is happening to us that are outside of our control the last thing is the master plan um we have identified nine new projects that are of immediate need to the tune of eight million dollars for fiscal year 24. that's on top of the 14 million dollar cost escalation so if you're keeping track that's 22 million dollars in capital alone plus operational costs chemicals reconstruction of facilities so these rate Revenue that we are asking for you to approve tonight is not sufficient for us to do what we had what we had planned to do however it is still the step we need to take we will review these rates again in phys um in the in the two-year cycle in the meantime our operations team will make the budget work the way that they will do that is that they will push off these projects that will mean that we're going to delay those corrosion and Odor Control projects the reclaimed water reuse projects and the repair and replacement of those aging components of the Neely wastewater treatment plant that's going to heighten our risk for operational resiliency for our community but it's the next step we have to take so what does that mean to our customers well our residents pay a flat fee of 24.73 per month and Eight dollar and two cent increase will mean that that will rise to 32.75 per month our non-residential customers um have a slightly different rate structure they have a base fee that's a flat fee and then they have a uh a flow rate based on actual water usage inside their their business so those rates will adjust based on their actual water use a reclaimed customers are also funded outside or through the Wastewater fund which is what this is the that kind of third utility that you see as the motion um we just separate that on the on on the Motions for clarity's sake and for um uh the best administration of those resolutions our direct water use customers on the reclaim side those are our HOAs and our parks and our golf courses their rate would rise by 14 cents per thousand gallons of water use which does seem very small but when you consider that those customers use upwards of a million gallons per month that leads to a large dollar amount and so for seeing that we gave them as much notice as possible we alerted those customers by letter in May of the likelihood of a rate increase of this size so that they could build that into their planning numbers um a question that has come up is what is where are we in cost comparison to other communities that offer reclaimed water service and there's two in the neighborhood that also offer reclaimed water service so if you compared our 54 Cent per thousand gallon rate for our reclaimed customers um Chandler's rate is 75 cents per thousand gallons and Macy's is two dollars and forty cents so we're very cost competitive in that rate again we don't strive to be the cheapest we strive to be the best value and one thing that we can say is that Gilbert does an immense job at planning and preparing for the future and not leading ourselves down that path that Leah described that the the utility in Mississippi faced many years ago um as a reminder this is where we stand today the council consideration and Adoption of these rates we started this discussion back in March we've been very open with this discussion with the community posting all of our discussion topics on our website all the videos all of the information as well as the rate study and the data that supports these rates one thing I just want to uh to to reiterate is um we have to think about the desired level of service that our community wants and expects from us we oftentimes get detached from that when we talk about the budget numbers what we have presented before you was a plan to meet the desired level of service from our community the long-term funding of that plan is essential to maintaining that foundation for our economy and for our way of life in Gilbert with that I hope we answered a lot of the questions that were already at your fingertips but if you have anything else please shoot very cautiously be nice to Eric is what he's saying councilmember Buckley thank you so much for that and um and I will have to say I want the residents to know that I had an incredible tour of the Wastewater facility and so my eyes were very open and I I am and and I thank you for this presentation because I it's not not only reinforced what most of what I already knew but I'm glad the residents had a chance to to hear this and see what this is but my question actually was you're gonna love this no they're they're and I don't know it's on the agenda there are three fees here and we discussed two of them so I'm not sure what the third one is you know if we're gonna vote on this and and and I agree we it is a must that we keep our infrastructure up and yeah and the and even though it's Wastewater infrastructure it's almost more critical um than a lot of the other ones but so what are the three fees because you did discuss two of them the the 251 increase and the 526. yeah uh mayor Peterson uh councilmember Buckley um so the the three fees the first one um the Environmental Compliance fee that's um encompasses the storm water infrastructure that's the 2.51 increase um the Wastewater fee is um for a resident would be the eight dollars and two cents uh per month increase okay the 2.51 251 and eight dollars um and two cents um the Wastewater fund also has within it the reclaimed water um utility that we only have 65 customers in that and that is the third one um that you see on the agenda is the reclaimed water rates those are contained within the Wastewater fund but for the purpose of the resolution we separate that out okay and so there's not a third fee it's Incorporated with the other one right okay okay and that's I just wanted to know what the third fee was yeah absolutely sure but thank you thank you both so much oh vice mayor tilkey I thought that was the easiest way thank you mayor um Leah and um Aaron and the whole team I just want to say thank you for this presentation and I know it's late this evening but I thought it was really important for residents to understand what we go through when we are not only providing the service it really opens a lot of people's eyes you don't think about it when you turn the water on what happens you know or when it rains but um that what we do to keep the the the cost as low as we can but the highest quality of service and congratulations to you and your team on um on doing that I know we're going to have some harder discussions as we move forward um because of inflation and other things like that but as as our community ages and when you look at the invisible aging to a community it's underground and it is those these types of infrastructure um items they only last so long and we've all you know you don't think 25 40 years is old but it is for infrastructure and I I appreciate that you are keeping an eye on that and even when you have to bring us the bad news but um I know you're you're doing your best and keeping those costs as low as possible and I want to thank you council member Bon Jovani yeah um me and Eric of course you know no one wants to pay more for services but at the same time they don't want problems with their services as you pointed out um I want to congratulate both of you and your team for really depicting Gilbert's mission statement you know anticipate create and help you anticipated a problem you created a solution for it although it may not be a positive solution for everybody and you did it to help citizens and I also went on that Whirlwind tour of all these plants and I was absolutely amazed at what I saw and what pointed out to me the most was the massive uh infrastructure that we have cost money to run and be a plus in Services um so with that said I want to congratulate you guys for for fighting this problem out anticipating it and finding a solution and helping citizens with that council member torrison yeah I probably I just wanted to recognize exactly how hard you do work on that your entire team there I am easily the most fiscally conservative person up here and I have to recognize that there's really there's no good choice you have to go forward um and I wanted to say to Scott and former councilwoman Linda Abbott were so instrumental in the riparian that uh to see it actually generate something for the for the bottom line you know is it's fantastic to see it coming back in and uh you guys have accomplished something to to me is stunning and we still get water at a rate and trash and bulk trash and other things so you said the best service and I believe by the time other municipalities have done what you're doing we will probably be the lowest again and the best value so I just you know your luck prepares the your luck favors the prepared and uh I just wanted to recognize that because it's I'm not the warm and fuzzy guy up here so I just wanted to recognize that thanks I'm shocked um we have to have some laughs we do some pretty serious work we have to have some laughs I don't see any other microphones turned on I'm going to say um boy you know to have that crystal ball right we had the opportunity back in 2018 to lower our our rates we didn't get any credit for that I didn't have people storming in to say thank you for lowering our costs and then who knew we were going to face a pandemic and what has happened through that pandemic and what we're seeing within our country with costs I mean Eric you put up Eric eggs and tires and I was out four-wheeling this weekend and tires was a top topic that we talked about a lot this weekend and um because they buy a lot of tires let me tell you and they're expensive and to to know that my husband just bought tires I think a year and a half ago or two years and they were 125 dollars and the same exact tire is going for 250 right now so they've literally doubled in price and nothing special about them they're the same exact tires they were a year and a half ago so we're we're seeing those costs everywhere in our lives and you know we live in this community we have to take these costs on ourselves anything that we choose to do here on the dice affects all of us here on the dice because we're residents and we take it very very seriously and we have changed our policy as Council to make sure we come back and review these more often so that we don't find ourselves into in a situation so that we can be more prepared we look at these timelines and and I look out to you know 2026 and 2028 and 2029 and I think boy that seems so far away but it'll be here like that because it was just 2018 in my mind right um so I appreciate all of the work that you go through and the costs that we pay for services in Gilbert we might not be the lowest number on that board but we're providing more services to our residents than the other cities and towns around us so I hope everybody realizes what we do with bulk trash and the other options that you have here is a Gilbert resident that's what you're paying the lowest amount for more services so I appreciate the new council members um going on the tours of these facilities and seeing the infrastructure and the work that goes into running this town on a daily basis I don't think anybody that's sitting in the seats thinks that this is happening it just happens you turn your faucet on and water comes out right but it's a big process and there's a lot of people behind it and a lot of cost that goes into it and like vice mayor said you don't think that 30 year old or 40 year old infrastructure is old but boy it ages quickly and a lot of it was built all at the same time because of how our community has grown so I appreciate everything that you do great conversation great discussion great comments back to our team would anybody like to close the public hearing I think I didn't I don't think I did that close the public hearing bring it back to the dice if anybody would want to attempt three separate motions please let's be clear on 22 23 and 24. anyone oh I see council member Anderson's microphone on that's very helpful I should say if you turn your microphone on I know you want to talk uh let's see item 22 I make a motion to adopt a resolution establishing increased Wastewater rates and fees effective with Billings generated after April 1st 2023. I have a motion by councilmember Anderson second by council member karprowski please vote motion passes 7-0 item 23 you want to keep going you want me to keep going sure I'll move adoption of a resolution establish an increased reclaimed water rates and fees effective with Billings generated after April 1st 2023. motion by councilmember Anderson secondary council member please vote I saw the microphone on motion passes 7-0 one more councilmember Anderson move approval of a resolution establishing increased Environmental Compliance fees affected with Billings generated after April 1st 2023. second motion by councilmember Anderson seconded by council member koprowski please vote motion passes seven zero thank you all moving on to administrative items item number 25 Council Administration a presentation of the annual audited Financial reports for the fiscal year ended June 30th 2022 and I believe I see Hawken coming his way yep making his way to the podium and be considered adoption of a resolution confirming compliance with Arizona rebuy statutes in accordance with other Arizona reside statutes I'm not going to read them all turn your mic on Hawkins thank you thank you mayor council uh yes please don't feel like you have to read all of that but we do appreciate you taking the time to to understand and see what the uh comprehensive annual Financial audit and report look like uh we will be very quick here it's been a long day already we're just so proud of of our team in Finance and Accounting and the work that they do to make sure that we are tracking everything thousands and thousands of transactions that we reconcile we make sure they're processed correctly we put all that together and then we have third party Auditors come out and take a look and see what what uh and test it and so we're really proud of those results we have our auditor also online to provide a few comments so again I won't get into this we're super proud of our accounting uh we we keep track of internal controls we record everything we made sure we're in compliance um we provide and and build uh the annual financial report that is our budget document helps us plan and prepare this is the document that shows what actually happened and this is what's also relied on really as a pair document that are when we issue bonds those investors look at this this is another ability for transparency in government we take like I said literally hundreds of thousands of records and we provide a very concise report that that has a tremendous amount of a very valuable information also might help you fall asleep at night if you're having struggles in that area um really to the meat of it once again we're able to announce that we have a clean audit opinion which is our expectation nothing less but it still takes a tremendous amount of effort to achieve that we also have no material weaknesses which means that our Auditors have reviewed our internal controls and found that they are in the proper order and that we're maintaining those controls effectively and and then we have reliable financial data this was announced the council several a month ago maybe is when we found out about this award it is the highest award for transparency in financial reporting for accountants and we have received it 31 years in a row which is not it feels mundane it is not and this really shows we go above and beyond the minimum requirements again in that name of transparency making sure we're very clear with the data and how it's presented um and that's all that I have like I said short and sweet super proud of our accounting team Tanya Wright is our manager Nick baldelli and Anthony St George our our key members there too uh but I will turn the time now to our auditor who is online and I'll help click through some slides uh just a few quick slides there thanks hockey uh good evening mayor and members of the council thanks for having me tonight to present the results of the town's fiscal year 2022 financial statement audit um to begin I'd just like to give a brief overview of the scope of our audit there's really two main areas of focus during the audit the first of which is to apply on the financial statements which are presented in that annual comprehensive financial report or act for that Hawking pointed out um and it as the town's independent Auditors our roles can to to conduct the audit of those financial statements in accordance with both generally accepted auditing standards and government auditing standards and then the issue our Auditor's report which could be found on page 11 of that act for in addition the town is required to undergo a uniform guidance audit due to the amount of federal funding that is receives um during that portion of the audit we are reviewing the town's compliance with federal guidelines and compliance requirements over its major federal programs and then we issue our results in the single audit report so uh moving on to the results of the audit we have as Hawking mentioned issued an unmodified opinion on the financial statements which means we believe that they are materially correct and free from misstatement we did not identify any material weaknesses or significant deficiencies in the town's internal controls over financial reporting and this is discussed on page one of that single audit report in addition we did not identify any material weaknesses or significant deficiencies in the town's compliance with requirements over its major federal programs which is also discussed in single audit reports started on page three um and last we had no other audit findings which would require us to issue a management letter few final items to note uh during the course of the audit there were no disagreements with management over accounting reporting or audit manager matters and as usual everyone we worked with is very cooperative and helpful and no timer we ever denied access to information or records requested for the audit and at the conclusion of the audit we received the required representations for management that can be found a copy that can be found in the communication governance letter which I believe has been distributed to the council um and then also I'd like to point out that as the as the town's auditors there are a number of ethical requirements we have to comply with one of which is the continued assessment of our relationship with the town to maintain Independence um and I'd also like to point you to the communication and governance letter for further details regarding our independence and with that uh I'll open it up to any questions but before I do I just want to offer a pet on the back to the finance department on their clean audit and the issuance of that high quality act for as you can all see it's a very large document and I know a lot of hard work goes in preparing that so Kudos the hawk and Tanya and the rest of the team foreign thank you Jim and yes Kudos Hawking to your you and your team I think Tanya's out right now but I bet she's watching no matter what she because I know I know Tanya yes and thank you to your whole team for all you do in 31 years is just phenomenal any um comments or questions for Jim or for Hawkins yes vice mayor thank you mayor um I just wanna also congratulate you and the team this is a big deal anybody who's ever gone through an audit it is very extensive and to not have any findings is really extraordinary and so I just want to make sure we don't pass by without expressing that that's really a big deal for our community and thank you for that and if there's no other comments I'll make a motion to um the adoption of the resolution confirming compliance with Arizona State statutes I'll second I have a motion by vice mayor tilkey seconded by council member Bon Giovanni please vote by the time I looked up people had already voted you guys are fast and that passes 7-0 thank you thanks Hawkin now we will move on to item number 26 on our agenda Council Administration item discussion on Ocotillo Road widening and 110 foot right-of-way subject we have I think three flips from folks that would like to speak Council would you like to let the public go ahead and speak first before we have a discussion okay vice mayor thank you thank you Marin before we begin I want to confirm that it is three minutes per person okay wonderful so when I call your name please come forward and state your name and place a residence we will start with Rich Robertson to be followed by Terry Natty and you'll want to turn your mic on all set thank you mayor vice mayor and vice marijuana I congratulate you on the council committee subcommittee on Communications that certainly is an important issue and and it's important because I I really hope it's sincere uh because in our experience that really hasn't been happening uh in with the Ocotillo project and others that I've heard complaints about up here so I'm hoping that that that produces some results that you follow um ironically with that uh we recently became aware of a document that was circulated among Town Staff last September we just now found out about this and this document scores all of the residents along Ocotillo Road on a scale of one to four based on vocal level a scale of one to four misses this document has a field in it called vocal level in which they decide a scale of one is the most vocal Terry Natty is the number one along with a few others I'm a number two and according to the notes it's because I've been addressing the council and written letters a four on this list this is a staff document a four on this list are people who are considered to be reasonable the town of Gilbert has created effectively an enemies list why are we as residents who are trying to exercise our rights are being ranked by your staff to on how compliant we are with you this is I suspect is not how the council really wants its residents to be treated I think it's it's outrageous but I also want to be reasonable I would like to be at least a three on that list last year the council told the staff to look at other design options other than 65 feet the 130 foot option but there was no instruction to involve the residents instead all of it was done behind closed doors and the results were printed presented to the council behind closed doors so not surprisingly the result was that the staff got what it wanted regardless of what the neighborhood wanted the staff says 65 feet is the desired option from an engineering standpoint but I believe 55 feet is a viable option even if it's less desirable 55 feet is certainly more desirable to those of us who are facing bulldozers no matter what the extent of that is I'm hoping that there will be some successful motion tonight to reevaluate this project but this time with guidance that the staff engage in some meaningful and respectful involvement of the residents that are affected by the end of this I hope to eventually become a four on my report card thank you thank you Mr Robertson next is Terry Natty and following Terry will be Stephanie Robertson I'm not as tall as he is good evening my name is Terry Natty and I live in the Gilbert planning area in a county Island I am so thankful to be up here talking to you real time about this project thank you thank you thank you thank you um I took a lot of time and I put together a document based on the slides that you were given back in I think August by staff and I I countered every single slide almost some of them were like fluffy um and I really wanted to give you guys a little more time to look at it but we were close yesterday so you got them this morning I really hope you've had a chance to look at them um you should have gotten a vanilla envelope each one of you with this so I know what staff wants it's very obvious what staff wants but if it couldn't be done at 55 feet they wouldn't have shown you that it could be done at 55 feet just because they don't want it to be done at 55 feet doesn't mean it can't be done I listened to Lee reinheimer say that something was absolutely essential with the Wastewater and I agree I'll pay those fees I want my water to come on I want my toilet to flush um but just because they think it's absolutely essential doesn't mean it's absolutely essential to everyone so I really urge you to take a look at the document that I spent a lot of time on I put my heart and my soul and my emotions into this and there are parts of it that are not kind but it's my truth and I hope you'll understand that it's my truth okay I'm pretty much out I have a minute left I have a lot to say a minute won't cover it I would love to speak with you guys I would love to be involved in the planning process I know you can't speak with me one-on-one and I I respect that I understand it but it's not just me if there's a whole bunch of citizens there's a whole bunch of people that are affected with bulldozers and and we just we want to keep our Slice of Heaven as big as we can you know we when I bought the property in 1997 I didn't even know it was in the Gilbert planning area I had a Chandler address and this has all been quite shocking and an eye-opening for me the people that bought before I did they they weren't planning on any of this happening nobody saw a bridge going over Ocotillo that was Farmland is always going to be that way so thank you thank you Miss Natty next up is Stephanie Robertson I'm going to be fairly quick I live with Rich we live on Ocotillo one of the things that is so frustrating to me is the lack of transparency that we have had to deal with this has been going on for oh since last summer and we've been given different deadlines we've been giving different things that were going to be done one person will tell us some one thing the next one will tell us something else we've had meetings set up with different people who tell us different things we had an appraiser out in January who said there would be an appraisal in two weeks I think it's sometime in the end of February we still haven't heard nor have most of us the problem is there are not just three people here who are grousing we are the ones who have continued to come to try and get some resolution to try and be reasonable about this we understand how government works both my husband and I have worked in newspapers we know how this stuff works you guys are not doing what you should be doing you are not being honest your staff is not being honest I'm not sure that you have given them instructions to not be honest that's the effect that we are dealing with so when people come out and talk to us Lord knows what's really going to happen or what they're really talking about or what's really going to happen to us it's so frustrating I wish that you would come and talk to us and see what we're dealing with we don't want to be obstructionist we just want to be treated fairly unrespectfully which is what we have been trying to do with you and to find out that we have been assigned numbers because we're trying to use our rights to come and talk to you and find out what's going on is beyond offensive we're not treating you that way it's offensive you're treating us that way thank you Miss Robertson mayor that is all of the request to speak thank you vice mayor um bring it back to the dice for any comments discussion councilmember Bon Jovani um I'm normally a happy guy as a matter of fact a council member Torgeson collects a dollar every time I say a bad joke we'll probably give to charity about 10 10 grand by the end of the year I'm not happy tonight and um we need to do a better job communicating speaking to my neighbors on Ocotillo um you've spoken passionately over those man last year about your concerns and and I'm proud of your your Civic Unity of Hope well why I'm not happy is that um this project was voted on in January of 22. and I personally found out today that we have an ordinance that states that any reconciliation of a vote must occur by the next town council meeting um unfortunately because of that ordinance we're kind of powerless over any kind of vote to make staff look at any kind of potential changes not happy about it and I wish we would have communicated it to you guys earlier but we just found out councilmember Torgeson he's so powerless um I am the only person up here that's ever faced eminent domain and I don't like it uh if you go down Higley Road our property out that's on Higley you can see where the sole reason there's a visibility triangle on Higley near Fairview uh oddly enough we owned half of Higley we found out during the process um I feel powerless I feel horrible um ah half of me wants to cry because it's wrong in my eyes and I have sat and been given improper information also I actually got very upset about it in our executive session I was told something so specific that I was able to do a math equation in my head in seconds uh to just and oh that wasn't said I don't even know what to say um I won't stop fighting for the Fourth Amendment although someone in our meeting called it the fifth um because it doesn't matter if you're a county Island resident or a Gilbert resident you're you're a neighbor and we should be respecting your property we should never be grading you on how compliant you are these are things that I I abort this is exactly what I don't like in government that's exactly why I'm sitting here I respect your property I respect your person I respect your opinion I hear you I think I obviously appear you hear you I am just absolutely flabbergasted that I'm sitting here as a stooge unable to help you and I'm sorry I really am and uh if I can do anything to help I will but I don't know what I'm able to do at this point and uh sorry councilmember Buckley well as many of you know I followed uh torges has gotten me emotional and I get emotional easy but I followed the Ocotillo widening from uh probably when it started I was in my campaign and I came to all of your you know all of your um meetings and I was even there when I think someone from the the staff was showing I believe it was maybe Noah was doing a presentation and um and and I'm I feel just like the other two do I wanted so badly for this to work out for you guys and and was hoping that we could maybe get another person to to to see what you guys are doing and to try and and get this to work for you and I you know and everything I've known and and believe me I know about eminent domain I back many many years ago uh I had a property and uh so the uh SRP I think it's SRP the great big tower lines power lines decided they wanted like to cut off a chunk of our land and we didn't want them to do that and we fought and we fought and and then you know we didn't reply back you know thinking well we're going to go to court or something and the next thing we got was a deed in the mail that said you know this is now your land parcel so it happens and it happens to the best of us sometimes but I I was always taught and and you know in in my other businesses and everything that imminent domain should should be used only only when all other options have been placed out there and and discarded and I truly believe that this this project could fit in a smaller amount of feet that's my opinion and uh and I'm with Jim here there's after earlier tonight there's nothing left that we can do to change this for any of you that are going through this and and uh we tried we've tried we I still wish that they would go and do 55 feet and not 65 feet but that's not going to happen just not going to happen and I'm sorry for that as well and um uh I don't know where everyone goes from here other than the project will probably go forward any other comments yeah um I don't know what she you received but I'm I'm sorry if that was circulating through our town and through our staff I've never seen anything like that I apologize to you personally I don't know where it came from it's not acceptable I'm disappointed I don't know what else I can say I haven't seen it um and yes I would love to see it you can bring it to the clerk's desk and I would love to see it but I haven't seen it I don't know anything about it and I'm just appalled that something like that might be going around I do believe that you don't deserve any of that and I apologize for that and um I think we've heard the comments from the council members that place this on the agenda this evening it was for discussion only there isn't any kind of an emotion that we can make and I will go ahead and close this discussion at this time thank you you have to come to the podium Terry because we have to get it on the record turn them can you turn thank you sorry too many rules I'm sorry I'm just fine I'm I know the date that you mentioned what was the date Chris can you look at the uh the date that that vote came on since January of 22 I believe yeah it was it was January 2022 January of 2022. I found out about this project just before Mother's Day of 2022 how on Earth am I supposed to do anything to counter what your staff deems appropriate when I don't know about it this is not okay this is not okay and I will continue to fight with every fiber of my being and every last dollar I have because this is not okay I don't want to do this I don't want to see Mr Payne in court this is not okay it's not it's not okay you're not you lied to my face [Music] thank you Terry I'll close that item on our agenda move to the next item boards commissions and committees any reports from Council Liaisons I will move to Communications report from the town manager on current events Patrick oh thank you very members of the council a couple employees that like to congratulate first Michael Martella in our Economic Development Department you earned his certified Economic Development developer designation from the international Economic Development Council we're very proud of Michael with that accomplishment it's not an easy certification to receive and we're grateful to have Michael on our team next uh Cindy Bethel price also in the economic development department has has been accepted to participate in the international downtown emerging leaders follow ship each year the Ida selects no more than 30 participants from across the globe for this week-long experiment uh experience yes professional development program that positions urban place managers to address complex issues and Leadership questions involving diverse Community stakeholders Community governance issues and solving for various everyday Urban challenges next I wanted to thank Leah Jessica Eric Brown Ken snow and Kelly Foss for the work on the right study there was a tremendous amount of work that went into that and I appreciate the very detailed presentation they provided to council and lastly Hawkins Johansen and Tanya Wright and the entire team for the clean audit uh that received for the 2022 or 2023 fiscal year thank you thank you Patrick any I'm gonna add for Mike Martella that um that pass rate is less than 15 percent to pass what he did so that's very impressive Dan you please tell him that we mentioned him this evening any other report from Council on current events councilmember caprese good evening um this week is Engineers week celebrated nationally it's also called e-week and it's dedicated to raising public awareness of Engineers positive contributions to quality of life which we talked about earlier in some of our conversations and is one of our initiatives in future in the city of the future as having exceptional infrastructure e-week promotes our Outreach to students as well to pursue engineering careers in our country and I wanted to highlight that today I was attending an award ceremony by the uh from the America Arizona Society of Professional Engineers and our very own Gene Jensen CIP of Water Project Supervisor was awarded the government engineer of the year so that was super exciting [Applause] um so congratulations to Jean I also have another separate update regarding the Gilbert Symphony Orchestra the Gilbert Symphony Orchestra is going to be having their first concert of the Season March 12th at the Higley Center for Performing Arts that will be free for general admission and there are also options to be a patron or sponsor that helped make that event possible the website is gilbertsymphony.org thank you thank you councilmember any other updates from Council on current events report from mayor on current events I went to a groundbreaking in the rain this morning mud lots of mud for Sky bridge out at Phoenix Mesa Gateway it was a great event even though we did it in the rain I was pleased to be able to speak at that event since I serve as the chairman of the Phoenix Mesa Gateway Airport Authority board and we have up on the screen the community-wide food drive that will be ending on February 26th you can either scan that code or you can visit gilbertaz.gov forward slash feeding families for more information there will be donation locations available on the weekend at least Friday and Saturday I believe that we'll be live and I will be stopping by some of them over the weekend and then I wanted to note that our Gilbert Police Department is having coffee with a cop on Thursday February 23rd from 7 30 a.m to 9 30 p.m okay how do you say this word p-e-i-x-o-t-o that's the coffee place Hoda pashoto I don't drink coffee and it's prosciutto I'm being told by Tom Blodgett pashoto at um I think it's at agritopia I mean excuse me the epicenter correct am I saying Chief back there um so if you would like to attend coffee with a cop please visit them on Thursday morning and that blood drive I remember the date Jim and I are sponsoring a blood drive March 9th um and uh love to have you guys attend blood's at a pretty small short supply right now so we'll be sponsoring that uh in March is there is that a there a location or a website who's who is the blood drive through sorry details I'm sorry it'll be at the Southeast Regional Library okay and Chuck and I are gonna do a little advertising for it to try and push it Beyond its limits okay it could be between 1 and 6 30 I believe great great thank you then um all that meeting is adjourned