Prescott Valley Approves $30M Aquatic Center Design Phase and Verizon Tower, Grants Ponghorn Residents 30-Day Reprieve on AT&T Site Amid Property Value Concerns

Heat. Heat. [music] Heat. [music] Heat. [music] Heat. Heat. [music] [music] Heat. [music] Heat. [music] Heat [music] Hello, town of Fresco Valley. Uh, council, can we all I think we have an opportunity to log in right now. Okay, if you can all mark yourselves present. Council member Browing. Thank you. We have a quorum. Thank you, ma'am. Next up, I'd like to welcome down Elder Steve Adams with Fern Foundation for our invocation and to lead us in the pledge of allegiance. Please stand if you can.

Oh, should we pray first? Okay, thank you. Our God and heavenly father, we give you thanks for this beautiful day which you have made. Cause us to rejoice and be glad in it. For all this comes to us by your good and gracious hand. And Lord, I thank you for the privilege of opening these proceedings by appealing for your favor upon them. For as your word tells us that by your common grace, there is no authority except from God. And those that exist have been instituted by God.

Therefore, we thank you, Lord, for these here for their service and their willingness to serve. And we do ask your benevolence upon this meeting that you provide wisdom in this hour that we who call Prescat Valley home might live quiet and peaceable lives. For it is in the name of our Lord Jesus Christ and for his sake we ask it. Amen.

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you, sir. Thank you. Can I get a motion to approve the agenda as presented? Some moved. I'll second. Cler, please call the vote. Mayor, that passes. Thank you, ma'am. Next up, proclamation domestic violence awareness month.

Whereas domestic violence is a serious crime that affects people of all races, ages, gender, and income levels. Domestic violence is widespread and affects over four million Americans each year. At least one in three members of our community have witnessed an incident of domestic violence. And whereas children that grow up in violent homes are believed to be abused and neglected at a rate higher than the national average.

And whereas [snorts] domestic violence cost the nation billions of dollars annually in medical expenses, police and court costs, shelters, foster care, sick leave, absentism, and nonproductivity. And whereas only a coordinated community effort will help put a stop to this heinous crime.

And whereas domestic violence awareness month provides an excellent opportunity for our community to learn more about preventing domestic violence and to show support for the numerous organizations and individuals who provide critical advocacy services and assistance to victims.

Now therefore, I, Kel Pagura, mayor of the town of Presca Valley, Arizona, do hereby proclaim the month of October as domestic violence awareness month and urge all of our citizens to work together with one goal in mind to eliminate domestic violence from our communities. Thank you, Mayor, Vice Mayor, Council. Thank you so much again. Um I'm the executive director at the EPI family advocacy center. I'm here with James Tobin from the health department and Alexis from Stepping Stones.

And um we're so appreciative that the town of Presca Valley continues to honor this month and recognize domestic violence awareness. This is a critical issue in our community. Um the advocacy center loves our partnership with the town. We've been here uh October 1st was 26 years we've been in Prescuit Valley. We're so thankful and last year we gave services to over 1500 victims of crime.

So we know that this is something that is very much needed in our community and we could not do it without the town's assistance and support. Thank you. Ready? One more time. Today is also Missy's birthday, so thanks for joining us on your birthday. Next up, Chamber of Commerce Spotlight. [clears throat] Mr. Mayor, Vice Mayor, town council members, and staff, thank you for the opportunity to provide an update on what's happening at the Prescuit Valley Chamber of Commerce.

As always, our focus is pretty simple. Connecting commerce, cultivating community. When our local businesses succeed, our community greatly benefits. It has been a busy few weeks at the Chamber of Commerce. So, let me give you a quick update. First, I want to talk about Poente Da Community Bridging Community. What a great event it was. We had a tremendous turnout.

It was exactly what we wanted to see here in Presca Valley, a community coming together, celebrating our diversity, building relation relationships, and creating connections. The food was great, music was great, a lot of good energy. The Yavapai College women's soccer team came out and with uh the Presca Valley Police Department, they were on the pitch, which is a soccer term for the field, by the way. I learned that recently.

They were on the pitch uh teaching kids how to play soccer, which is really cute. Want to give a special shout out to Chief Bob Tyer who displayed a level of dancing moves that fortunately has not been seen since last year. But for those interested, I do have video on it. But in all seriousness, this is what these community events are about. They're about getting to know people outside their normal day-to-day roles.

They're about building relationships, creating a stronger sense of community pride. And we appreciate everyone who came out and everyone who helped put this event on. Special shout out to Hispanic Business Association. And thank you, Council Member Ke for coming out to attend this event. as well. We recently held today our chamber lunch and learned program and it was titled how to avoid the perils of probate. I'll give you the quick version, try to avoid probate at all costs.

It was well attended and it was a great Q&A discussion afterwards. Yesterday we had 40 people which is a record for us attend our coffee connect our or connect over coffee and it was another great example of what happens when we simply give people an opportunity to connect. Want to give a special shout out to again council member Keel and council member Greer for attending that event as well. These programs are important to our educational mission.

The chamber isn't just about networking and ribbon cutting. We want to provide our members with information and resources to help them run better businesses, become better leaders, and ultimately contribute to a stronger local economy. One of the things that's happening beginning tomorrow is restaurant week here in our great town. It goes from October 9th through October 18th. We already have 35 participating restaurants uh taking place and this is truly something to celebrate.

I encourage everyone in this room and everyone watching on TV to take advantage of it. Try someplace you never been before or go back to a local favorite. Take your family out, meet a friend for lunch or order dinner locally. Every time we spend our money here at a local business, we're supporting local jobs, local families, and the local economy. That's what Support Local and Shop Local is all about. Something to keep on your calendars as well.

On October 27th, we'll be hosting our quarterly breakfast titled November ballot briefing, what businesses and voters need to know. We will be discussing all the ballot propositions. And finally, looking ahead to our veterans lunchon on November 6. This is an important event for the chamber because it gives us an opportunity to pause and recognize the men and women who have served our country.

We have veterans who own businesses, veterans who work in our businesses, veterans who volunteer throughout our community, and veterans who simply have made Prescuit Valley their home. We owe them our gratitude and we look forward to bringing our businesses and community leaders together to honor them. This year's guest speaker is Major General Jeannie Levit and I got to tell you if you have you need to come out and hear this person speak. She is remarkable.

She is the current dean of college of aviation at Embiddle University after her distinguished 31year career in the US Air Force where she was the first female fighter pilot and the first woman to command an Air Force combat fighter wing. So please if you have booked your major reservations yet, this is something you do not want to miss. So, mayor and council, as you can see, there's a lot happening at the Prescuit Valley Chamber of Commerce, and we appreciate your support as always.

But underneath all these events and programs is our one constant mission of connecting commerce and cultivating community. Thank you very much, folks. Thank you, sir. Go ahead. Hang on a second, Steve. Steve, hang on a second. Another question. Steve, I have just a short question for you. Thank you for an excellent presentation. Um it it appears that the restaurant week has turned out to be a real success and a real uh benefit for our town and our our businesses.

Um I don't want to you force you to commit to anything but I think it would be wonderful if we could extend that possibly to some other let's say service providers. May I'm just going to give examples you know a hair salon or an automotive repair uh business something. I can make some votes for a hair salon as you can tell. [laughter] Well, well, you you'd be the fir Yeah, you'd a big customer, but No, I I see your point. It's actually something we should consider. Thank you for that.

It makes sense. Yeah. Other service industries, too. I'd love to see that. Thank you. Sure. Thank you, sir. Next up, call to the public. At this time, members of the public may comment on matters listed on the agenda or solely on matters within the jurisdiction of the town. Any persons wishing to address the council must register their name with the town clerk prior to the commencement of the meeting.

At the conclusion of call to the public, the council may respond to criticism, ask staff to review a matter commented upon, or ask that a matter be put on a future agenda. Such remarks shall be limited to three minutes unless additional time is granted by the mayor. Clerk, mayor, we have nine people registered. The first uh four names are Kelly Culp, Andrew Culp, Eric Fowler, and Patricia Betsel. Welcome ma'am. Hi, everyone. My name is Kelly Culp.

I live at 7790 East Reindeer Way in Prescuit Valley in Pongghorn Ranch. Um, thank you for taking the time to hear my concerns today. I'm going to be talking about um the Pong Horn Ranch cell tower lease that is on agenda item 111, I think. I'm not sure. Um, I sent you comments in advance as well that I hope you got a chance to read. I would imagine [clears throat] that all of you on the town council want to make a difference in the lives of those that live here in Prescat Valley.

You care about the community in which we live and want to see positive changes for the better through the work you do here on the town council. So, for that, I thank you. Today, I'm asking the town for an adjournment for 30 days on the proposed cell tower decision because the application appears incomplete and potentially non-compliant.

After learning about this proposed cell tower at the meeting held in Pongghorn Park in August, I requested all public records pertaining to this particular application on August 21st. I received those documents 3 weeks later in the middle of September. I'm part of a group of residents in Pong Horn Ranch that have hired a lawyer to represent our interests in opposing this site location for the cell tower. what I sent I received.

When I sent what I received to the lawyer, he responded by asking for the rest of the application. I shared that this was all that was sent to us and he said it appears incomplete. In learning about the process of approving cell towers, I also watched the planning and zoning meeting we recently had with the discussion for the Stone Ridge cell tower.

This presentation included zone coverage maps and a map of all other service sites in close proximity to the proposed site at Stone Ridge with the Prong Horn application was missing. For this reason, I'm respectfully asking for an adjournment for 30 more days so our lawyer can review these documents in full for completeness and compliance. Additionally, we have a cell tower in the middle of Viewpoint Park which covers this entire Viewpoint and Pong Horn community.

If the town encourages colllocation of towers on public lands, why has nothing been addressed in regard to this location that already has a tower on it or the two other towers you can physically see from the Ponghorn Park that are located toward the 89A headed toward Jerome? These are very important questions that were brought up at both the Pong Horn Park meeting in August as well as the parks and wreck meeting in September that remain unressed.

The summary for this meeting said that no other options have proven viable, but nothing has been shared with residents as to why these aren't viable. Before signing a lease tonight for the tower in our neighborhood that many homeowners do not want, we would love to learn some reasonable alternatives to be explored and communicated to us because we are the ones that will be affected by this new tower.

We need to see the coverage maps and other tower locations that you can see with your physical eyes from the Ponghorn Park and the Ponghorn Ranch community. We know that cell towers are certainly necessary for our community, but they also come with substantial risks. Risk for the homeowners that live close by and for their decreased property values.

For this reason, we're asking again so that our lawyer can evaluate this application for its completeness as well as its firm compliance so that we can be well represented in this matter. Thank you again for your time. Thank you, ma'am. Andrew Cole. Welcome, sir. Hi. Thank you for this time. Um, my name is Andrew Culp. I also live in Bronghorn Ranch on Reindeer Way. Um, I just wanted to ask the council to grant a 30-day adjournment also for signing the cell tower lease.

Um, we have hired an attorney to represent us because we want to defend the equity that we all have in our homes. Um, according to there's a peer review a peer-reviewed appraisal journal u from the appraisal association and having a it just states in there that having a cell tower within 1500 ft of a home lowers its property value by 10 to 20%. And that means that a six you know a $600,000 home could lose $100,000 of its value.

If 20 homes are within that 1500 feet, that's $2 million of equity loss in a community from one cell tower going up. So, we don't expect the town to fight our battles, but we do expect the town council to allow us to defend ourselves. And so, we just ask that you would please grant us 30 days to get our lawyer on this and cause this AT&T tower to go up somewhere where there's already a tower like the 89A site that my wife talked about.

um you know that you can see from the ponghorn park or the viewpoint park tower where there won't be any additional impact on the real estate value since there's already a tower there that is up and running. Um also after this is over we would love to talk to the town's uh planning and zoning committee about revisiting the zoning setbacks and change them to be at least 1500 ft from a residential area for any new wireless facility.

um other towns and cities across the United States are setting cell towers back 1500 feet and we could also um we can have the wireless coverage that we need without the negative home equity consequences. So, thank you again for this time to speak and thank you for granting us a 30-day adjournment. Thank you, SIR. [applause] WELCOME, SIR. Good evening, mayor and council. I'm Eric Fowler. I'm the chair of the Maricopa County Libertarian Party.

You sh you you should have in front of you information that you did not have on October 1st for your study session, and it's in this packet. This is an Oklahoma deputy's body camera from a federal case that was decided on that same day. He saw California plates and he ran them. And let's look at what came up. This is a full map of her travels that he got while he was actually driving his cruiser. It's not just a picture of a license plate.

On page two, this is a heat map tracing the car from the Arizona border back to Missouri. If you zoom in, the red the red part shows where the cameras logged it the most. Let's look at page three. He clicked on a dot and saw the photo of the car. Now, the chief showed you a back of a car and said, "We're not tracking vehicles." This is not a picture of a license plate on a public road. This is where somebody goes, when, and how often. It's a pattern of somebody's life.

And this is being kept on every single driver who goes by every single one of those cameras. In this Oklahoma case, the federal judge on October 1st found that this was indiscriminate mass surveillance and threw out the flock evidence as a fourth amendment violation. First time Councilman Thornton, in the study session, you said that you found your life's your wife's plate on have I been flocked.com five times, two times in a data set tied to Ohio.

Here's how it happened to somebody else in North Manchester, Indiana. A local officer kept turning up uh wherever the town critic Bob Scolar went and he even asked how his trip to V Philadelphia was. Bob put his plate in the same website. 63 searches records from other towns showed his local police running his plate for at least a year. The reason was locate locate locate and even his last name Scolar. Every department whose cameras a search touches logs it.

That's how his plate and your wife's turned up in another town's record. When the police did a search and said, "Search all networks, including everything across the country." It might have hit that Ohio one, and it got in their audit log. So, let's just hear this plainly, Mr. Councilman. Each of those five hits was an officer typing in your wife's plate into a computer just like the one in this packet. A screen like this came up.

Someone looked at the map at where she had been, dot by [clears throat] dot. Of all the agencies across America, the one most likely to search a Prescat Valley plate is Prescat Valley's. You were told safeguards were put in place to keep this from happening again. The safeguard flock now hides the officer's name and plate from the log. It seems more like a cover up than public information. This is extremely serious.

This can happen to any council member's family and it can happen to anyone in this town. Please put this on agenda to actually investigate who actually searched your wife plate and did it come from here or did it come from somewhere else? Thank you, sir. Thank you, Patricia Betsel. Welcome, ma'am. Um, Patricia Betszel, Chino Valley, um, former resident of Granville here on PB.

America is often called the home of the free and the brave, but the town's recent public messaging falls falls short of those ideals. The town council has directed staff to produce taxpayer funded videos about ballot propositions that, in my view, omit important facts contained in the town's own ordinances. Although this episode be begins by saying the town cannot take a position on propositions, it then presents a misleading account of propositions 492 and 404.

on Proposition 492, which is Lakeshore 650. The video emphasizes a proposed narrow wildlife corridor that will actually be shaded with utilities at the Aquafria River, multiple trails, flood planes, and then finally, the Pong Horn that in no way will protect them living there, even after the town spent hundreds of thousands of dollars on wildlife consultants. The video fails to address concerns about building homes on more than 100 acres spanning three FEMA flood planes.

It emits the cost and hundreds of millions of tax dollars for the water, sewer, roads, public services, and long-term maintenance needed to support thousands of new homes and unfairly criticizes the county despite its stronger building and inspection standards. It emits that over 8,000 people that will be added to BB in this development is a much greater burden than the zero people that will be added to our responsibilities if Lakes Shore 650 remains in the county.

on Proposition 404, the GT mine. The video does not address the potential future losses from tax rebates and tonnage fees, the town manager's interference with the Fains family's byright mining activity on their county land, and minimizes the GT's location within town limits near residential areas. It does not address the expansion of the mine into 1,600 acres in the future and that it will fall under the state, not local control.

Instead, it points to the benefits of adding lead to a park that the town has allowed to deteriorate since acquiring the property in 1995. Town staff should not be pressured to present incomplete information, and elected officials should have the courage to serve the public with accuracy and transparency. I ask voters to read the ordinances yourselves online. That is where the truth about propositions 404 and 492 can be found. Thank you. Thank you.

NOW, it was someone was supposed to read for Mr. Hut. He was going to send someone. He sent us an email saying someone was going to read for him. Otherwise, he did send his his message in an email which I think is included in the or will be included will be included in the minutes. So, moving on, Miss Couple. Welcome. Thank you. Um, my name is Laura Cabell. I'm a small business owner in Prescuit Valley. Tonight, you're recognizing domestic violence awareness month.

Former Texas officer received 5 years in prison after pleading guilty to misusing official information. His case involved flock and other databases used to monitor his former former girlfriend. A badge gave him access. Think about that before asking us for trust. Chief Tearser led Loveland when Karen Gardner, 73, with dementia suffered a broken arm and a dislocated shoulder during her arrest. The city settled for $3 million.

The independent assessment found officers had 10 days to report excessive force they witnessed. The early intervention system hadn't worked effectively for over a year. Mayor and council members, the chief chief does not have to be in this room for you to do your jobs. Oversight is your accountability. Don't trust Chief Ter's assurances. Show us the records. On October 1st, PBPD asked for trust.

That same day, in United States versus Kyle federal judge ruled warrantless ALPR search unconstitutional and wrote, "This type of indiscriminate mass surveillance that OK, this is a type of indiscriminate mass surveillance, that Oklahoma ruling doesn't bind Arizona, but must we wait for a lawsuit here to take the warning seriously?" Martin confirmed that ricotta was connected to flock. Account for 35 free form entries in your June 12th to July 12th logs. Who searched what?

Which tool was used and under whose authority? A council member reported three of 12 people in his circle found their plates on have I been flocked? Who searched them and why? Flock patent describes analyzing people by gender, race, height, weight, clothing type, and color. Which capabilities are enabled here? People should not fear becoming targets for speaking here. So take the chilling effect doctrine seriously.

Commission an independent audit outside of PVPD searches, outside agency act access, connected software, and legal authority. Publish the findings. Put an end to the entire ALPR and connected real-time surveillance program on a clearly worded public agenda. Disclose termination and removal costs. Hear the public. Take a recorded council vote. Thank you. Thank you, ma'am. Mr. Marco to Oh, I'm sorry. I'm sorry. I'm sorry. Greg, you're up. My apologies. Welcome sir.

Thank you, Greg Gillum from a 22-year resident here of the town of Prescuit Valley. Thank you, honorable mayor and council for having our open forum here. Uh I'm here to talk about flock, of course. Uh and as previous speakers had said last Thursday, we had a federal judge in Oklahoma rule uh that it did violate the Fourth Amendment. a deputy pulled over uh a motorist or ran a flock search based solely on the fact that the motorist had California plates.

Um judge ruled that it was a violation of the fourth amendment and that uh as previously mentioned uh the judge said this is indiscriminate mass surveillance. Very often technology moves faster than our courts can keep up with and I believe that's what's happening here and as of last Thursday I believe it's starting to catch up. Uh the ALPRS check every driver's movements and the collection of the data is the first misuse of this system. Um Mr.

Fowler brought up uh photos of what was seen on the screen. It's more than just the back of a vehicle that they have access to. Um I was going to refer you to the 404 media. They are the ones that published a video and you can see those same shots from that website, their video as well. Um so I'm going to ask to remove the ALPR and flock and cancel the contract, please. Thank you, sir. Now, Mr. Tolbar, welcome sir. Oh, good evening. All right, I think I get it right this time.

Good evening, everyone. My name is Marco and I live in Prescuit Valley. Um, I do not want the work of our police department to be difficult to do. As a paramedic, I have run calls with all sorts of law enforcement from Border Patrol DPS sheriff's deputies and local police agencies across Arizona. I don't believe having a database that keeps track of every citizen's movement is necessary to keep our community safe.

There is a reason why many other cities in Arizona and the country are cancelling their flock and similar technology contracts. They have the capability of suppressing freedoms of everyone. Those views have been rightly expressed throughout the past few months here and at these council meetings. I'm sure the officials living in the UK and across Europe had the main goal of using it to keep people safe.

If you see now, it is a tool being used to assist finding and arresting people for making rude or unkind statements online. While another demographic of people is allowed to commit crime and even rape with minor repercussions. [clears throat] Laws change. New people take positions of power with a diff with um with different views or beliefs. People will use the infrastructure or tools available to enforce their beliefs or how they desire.

As the current global conflicts continue on, the other major the other major concern I have is that we are so close to the border. Just half a day's drive away, politicians, police officers, farmers, and military personnel have been bribed, blackmailed, or have had threats of violence toward their loved ones or themselves with with reasons such as passing a law, providing classified information, locations of individuals, resources, and much more.

I will not give specific examples from the past decades of how this was implemented, but please feel free to do a quick fact check after the meeting. Um, imagine the catastrophes that can occur when another superpower decides to use a criminal organization as a proxy towards the United States. Then they use their tactics and local infrastructure like Flock as a force multiplier. This year, there has already been hacking attempts at infrastructures across America.

If bad actors influence people from another agency to create a false reason or a crime to look someone up in a town that shares its information, there would be no need to hack systems to bypass cyber security. The damage that can occur if someone who works at a water facility is told to change the water additive rates, an IT employee to upload malware at a major hospital, a politician told to vote um to pass or vote on certain laws.

Just turn on the news and you can see just how this past year surveillance infrastructure has been a a chest piece on the battlefield. This technology needs to be removed. Citizens you represent have been speaking out telling you we don't want this technology in our town. Petitions have been submitted. People have used their own money to obtain a third party poll. And I have yet to see a majority of people take time out of their day to come in here and state they want this technology.

Um I also agree with the people with the cell towers. Um a better position needs to be located. Thank you everyone. Thank you, SIR. WELCOME, SIR. Thank you. Mayor, vice mayor, and town council, town manager, and associates. My name is Dave Liner, and I'm a resident of Presca Valley. I want to talk about it. The events at the last town council meeting on September 24th.

During the call to public, Joe Claws finished his speech and while he was walking back to his seat, a man in the audience made an obscene gesture along with the appropriate verbal statement to Joe. I turned to see who it was and the same man sitting behind Larry Nigel did the same thing to me while the man's partner Randy Vosberg was chuckling. There was no audible words or gestures made by Joe nor myself.

I think we can all agree that this type of behavior has no place inside these chambers, nor anywhere else for that matter. At the end of the meeting, I walked out with Bruce Evans and there was a police officer standing outside in anticipation of some confrontation. There was none, and the officer told us that Joe behaved in an appropriate manner. Couple of days later, Larry Nigel posted a long- winded fabrication on Next Door about this incident.

Larry was a police captain and should know better than to fabricate this type of dishonesty. This should make all of us wonder what else he has and will lie about in the future. Thank you. Thank you, sir. Next up, Emily. Welcome ma'am. Good evening, mayor and council members. Thanks for having me allowing me to speak. My name is Emily Chrisman and I'm here tonight to ask you to postpone your vote on the proposed cell tower lease at Ponghorn Park.

I want to be clear that I'm not opposed to wireless service. I recognize that our community needs reliable telecommunications infrastructure, but I strongly believe we have a responsibility to be thoughtful about where we place that infrastructure. This tower would be approximately 350 ft from the nearest home and located directly over or adjacent to our ball fields. Prong Horn Park is where our children play baseball, families gather, residents walk, exercise, and enjoy the outdoors.

It's a community recreation area, and I believe we should be protecting it for that purpose. There's already a communications tower less than a mile away. Our town code encourages colllocation and gives preference to using existing structures rather than building new ones. So I think we have to ask, have all reasonable alternatives truly been explored? And if they have, has that information been available to the residents who will be directly affected?

I'm also concerned about the impact on surrounding homeowners. People have made significant financial investments in their homes. Placing a large communications towers this close to their homes raises legitimate concerns about property values, neighborhood character, and quality of life. These concerns deserve careful consideration. We've made efforts to obtain information directly from the town.

We submitted a public records request, but it took nearly 3 weeks to receive the requested documents. That delay significantly reduced the time available for us to review the information and have legal counsel evaluate the proposed leased and related issues. We're not asking for an indefinite delay. We're asking for a reasonable amount of time to review information that we've been trying to obtain for weeks.

I believe that it is a fair request particularly when the decision before you could affect this park uh this decision could affect this park and surrounding neighborhood for many years. Once this lease is approved, what meaningful opportunity will residents have to influence the outcome? I also believe this situation highlights the need to revisit our town code.

We should have stronger protections for our parks, athletic fields, schools, and residential neighborhoods so that we aren't having this same battle every time a telecommunications company proposes a new tower on public land. Tonight, you have an opportunity to demonstrate that the concerns of your residents matter and that decisions involving our public spaces deserve careful consideration. Please postpone this vote.

allow time for legal review to give our community the opportunity to have these questions answered before moving forward. Thank you. Thank you, ma'am. Moving on. Item seven, council communications. I'll start to my right as I usually do. Um, I just wanted to mention uh the Prescat Valley Police Foundation is putting on a pickle ball tournament at 8 a.m. at Analopee Park this Saturday if you want to go check that out.

And then it is also um National White Cane Day on Saturday and volunteers from the Lions Club will be present at oh where's my note? Um Sally Bee's Tractor Supply and Ace Hardware and you can go and learn more about um supporting uh those with uh low vision and you could also go and donate some glasses. So, and also with um um the the speaker today, the event last night was was really incredible um for fight for supporting those in domestic violence. So, hopefully you can come out next year.

Councilman, I just want to remind everyone that there's an election coming up and uh in speaking with uh Michelle Burchil, our county recorder, uh she reports that almost a thousand votes were unable to be counted because they arrived late in the postal system and they they arrived after the deadline. A thousand almost a thousand in the 900 high 900s.

So, uh, I suggest strongly that you use the, uh, the drop boxes that have the cameras on them and so forth, uh, rather than use the post office, which may or may not get get your, uh, votes there. Thank you. Thank you, sir. Uh, all I want to say is Latoya, part of our communications team, she's not with us tonight. She is getting married tomorrow. So, if you see her, give her a congratulations sometime next week. So, congrats, Latoya. Go ahead.

For everybody who's wanting a new grocery store, Aldi's is opening on the 15th at 8:00. Hope to see you there. Moving on. Council consent agenda. All matters listed under consent agenda are considered routine by the town council and will be enacted by one motion. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. I have a motion and a second.

Mayor, I make a motion to Approve the consent agenda. All matters listed on the consent agenda by electronic vote. I second. Mayor, that passes. Thank you, ma'am. Next up, old business, proposed town code provision regulating ebikes. This is a second reading. We have Bobby here. Any questions or comments from the last meeting? being known.

Actually, I just wanted to I attended one of our town halls here where we invited the community to um speak up and and share their ideas and um one of the things that came in was to require high high viz. Is that something that we could add um for the ebike safety? So, we don't currently have I'm sorry, mayor, vice mayor, council member Kale. We don't currently have that in the ebike ordinance.

However, going off of state statute for uh requiring helmets and things like that, I would recommend going high viz, ensuring all of those other lighted features are on the ebikes or regular bicycles or even if you're out running, walking, anything like that. We don't have the requirement currently in there. However, we could add we could add it in at a later time. Yes, ma'am.

Court Ordinance number 2026985 an ordinance of the mayor and common council of the town of Presca Valley a municipal corporation of Arizona repealing article 11-6 reserved and reenacting article 11-6 bicycles electric bicycles and electric and non-electric powder vehicles and electric personal assisted mobility devices and chapter 11 traffic of the town code providing that all other chapters, articles, and sections of the town code not hearing repeal shall remain in full force and effect providing that if any provision in this ordinance is held in ballot by a court of competent jurisdiction.

The remaining provision shall not be effective shall continue in full force and effect and providing that this ordinance shall be effective 30 days after its passage and approval according to law. Thank you, ma'am. Shall this ordinance pass? Mayor, that passes. Thank you, ma'am. Next up, amendments to town code chapter 12 flood plane management. This is a second reading. Welcome Mr. and is also a public hearing that I am opening now. Good evening, Mayor and Council.

Um, I gave the presentation at the last meeting. I'm here to answer any questions. And before we do that, sir, is there anyone out in the audience that wishes to speak on this item? Seeing none, I'll close the public hearing. Council, we have any additional questions or comments for Mr. Lier. Seeing none, click. Ordinance number 2026 984.

An ordinance of the mayor and common council of the town of Presca Valley, a municipal corporation of Arizona amending chapter 12 blood plane management of the town code providing that all other chapters article sections and subsections of the town code non-heering repeal replace or amended shall remain in full force and effect.

Providing that if any provision in this ordinance is held invalid by a court of competent jurisdiction, the remaining provision shall not be affected shall continue in full force and effect and providing that this ordinance shall be effective 30 days after its passage and approval according to law. Thank you, ma'am. Shall this ordinance pass? Mayor, that passes. Thank you, ma'am. Next up, development impact fee. Mr. Judy, welcome. Thank you, Mayor Council.

I apologize this is the fourth time you've seen most of these slides, but that's part of the process that we have to go through. We are updating our impact fees. So impact fees are onetime fees assessed to new construction for residential and non-residential to help fund infrastructure to serve that new growth. So I've talked about that already. This is the timeline that we've gone through. Again, this is the fourth time that we've seen some of these slides. This is a public hearing tonight.

If there's anybody that would like to comment on our study, at the last meeting, the council approved the land use assumptions and the in infrastructure improvement plan. I would like to make one or highlight one item when we talk about the effective date, the implementation date. There were some changes made to the impact fee statute this past legis legislative session that talked about a two-year delay in when you're implementing fees.

We actually had a conversation with an with outside council earlier this week. He actually helped draft the model ordinance that the town adopted back in 2011. And what he is recommending is that we actually delay the implementation of any fee increases by two years. And so the date you see there would actually be more like January 26th. January 26, 2029. So we'll make sure that that change is incorporated into the resolution when we bring that for your consideration.

There are some other cities that are facing litigation because they tried to implement increases sooner than what that statute says. It's a gray area. He's just suggesting that the most conservative approach is to delay it for two years. So, we've gone over these fees before and the the fees you see in the lefth hand column is the maximum supportable fee. The council has the authority to to assess a fee that's less than that amount, but it cannot go above that amount.

So, you can see as an example for our residents on the streets fee, it could go up by $945 to 3616. And I won't go over all the details in these. You've seen these all before. Another example here you might see office and other services would go up by a nickel from 047 cents a square foot to 0.52 and parks and trails again for a multifamily uh unit it might increase up to $217. So you can see the overall increase for what the fees could do for a single family. The current rate is $6,133.

You could assess a fee up to $7,535. I'll make one caveat here as well. You see there's a library fee in that calculation. That was a grandfathered facility. So when the state changed the impact fee statute back in 2011, any facility that had debt service associated with it could continue to assess that fee. If we were to try to build this library today, it's way too big. It would not fit within the statute. We cannot assess impact fees for it.

But because we had debt service on the books, then we can continue to assess that fee. Uh we're in the last year of that debt service actually, but the general fund made some advances to the library impact fee fund. When growth slowed down, especially during the recession. So when that last bond payment is made and then when the general fund is paid back from the library impact fee that will will go away and the rates would come down to almost exactly what they are currently.

You can see some of the comparisons for our residents. It would increase again by that that amount but potentially come back down to where we are once that library fee expires. Hotel there's a moderate increase there. a bigger increases on like a grocery store or retail if they were to come in there would be a higher rate but we're still within you know a range of some of our similar size cities. So again this is a public hearing happy to answer any questions that you might have.

Go ahead Ryan I just wanted to point out that your slide actually says that our council meeting in November is November 11th. It's actually November 12th. I will make that correction. Thank you sir. Councilman, [clears throat] we've seen that uh a lot of times these impact fees don't cover the true cost that these the that these new buildings incur on us in the future. Uh one example was I I found out that uh for example the ongoing maintenance of the parks.

Um, I would suggest since we are considerably below many of our neighboring communities and the fact that we are looking at what I am I'm told is approximately a hund00 million expenditure to bring our uh our our sewer treatment plant up up to what it needs to be to handle the all of this development. uh that we that we charge at or near the high end of what we can charge uh legally. So that's my two cents. Thank you. You and this is a public hearing that I'm opening right now.

Does anyone wish to speak about this topic? Mayor, would you have someone register? Patricia Betsel. Welcome, ma'am. you um town council is considering these changes to development fees and also the land use adjustments to ensure that new developments pay their and I quote proportionate share of infrastructure costs only necessary to accommodate growth not to cover operational costs which will go on forever.

For example, over the next 10 years at the if we charge the maximum to cover street on impact fees, it will only generate 11.77 million in 10 years. However, if you compare it to the single street we are now widening, Glassford Hill, which is costing us $13.9 million, um we have to realize that the town has a list of streets that will have to be improved, including Lakeshore Drive in order to accommodate the growth that's coming.

Police expansion and park recreation um fees will generate even less money. So, who picks up the rest? Well, it's the residents of PB.

For most projects, it will be a 50/50 split because according to the town, and I quote, "While impact fees help fund new infrastructure, which is basically there to support the new development, existing residents also benefit from those infrastructure improvements." So, did anyone in this room except council get to vote on the thousands of homes that were approved in these chambers? Residents are already paying for streets police parks and infrastructure.

Why should they pay an additional 50% because someone wants to profit by building more and more houses that these residents didn't ask for? In fact, even starting with Granville, there were protests, strong protests against building these large developments. And the town is moving to approve an increase also in water and wastewater system capacity needed for new development, not for operations, not for maintenance.

And again, the developer will pay the appropriate the proportional share of the system expansion needed to say to serve the development. And again, the residents will pay the rest. I ask that you um consider that we cannot stop all development or all these homes being built. However, we can stop the 3500 homes and the 8,000 people it will bring if we vote no on Prop 492. Thank you. Thank you, ma'am. Anyone else wish to speak on this? Seeing none, I'll close the public hearing.

Councilman, I do have a question for Ryan. If you go back to the slide with the dates, we were going to be reviewing the um impact fees in January. I just want to make sure I understand of January 2027. What took place that we're now um looking at 2029. Could I just get a little more clarification on that? Sure. Mayor, council member, that's actually what would have been the effective date of the fees. So, you are considering those fees at the next council meeting in November, November 12th.

Thank you, Vice Mayor. But the statute reads that those fees would become effective 75 days later. That's that January 26th date, but because of this change in the statute and the advice that we got from outside council, those fees would be delayed by an additional two years. Mr.

Mayor and Council, if I could add, that was just a a legislation that was signed by the governor in June, and it was a kind of a challenging piece of legislation that was intended to do one thing, but some things were added to it at kind of the last minute. And that had to do with some clarifying language that ended up requiring a two-year uh period of time for certain developments not to pay it.

But some of the language is unclear as to whether uh one type of development would have to wait and another wouldn't. And so the people who negotiated with the contractors in that legislation came to us and said, "You should just apply it across the board." and that's what they're recommending that we do. Anything else from Mr. Judy? Thank you, sir. Believe you're next on a notice of intent to increase water and wastewater system capacity. Mayor Council, thank you again.

So, we've talked about the non-utility impact fees. Now, we're going to talk real briefly about capacity fees. So, similar intent. So water and wastewater capacity fees are intended to fund infrastructure improvements. We've talked about the expansion of the wastewater treatment plant. That's something that could be partially funded by wastewater capacity fees or lift stations.

If we're required to upsize a water line or extend a water line or or drill a new well, those are things that could be partially funded by water capacity fees. So we have historically adopted our water and wastewater capacity fees under the statute where it also governs rates and so it's a different process than what we use to to adopt impact fees. We are trying to meet a legislative deadline of of uh of updating excuse me updating these fees by the end of the calendar year.

So you approved an agreement with WAN financial services earlier this year in August to update our water and sewer rates, our capacity fees, our water resource fee, as well as our storm water fee. So we've asked them to prioritize the water and wastewater capacity fees so we can try to implement those before the end of the calendar year. So as part of that process, we are required to adopt a notice of intent. The hope is that we have this study complete within the next 30 days.

We actually had a call with a consultant this afternoon. They believe they can meet that deadline. So, we would have a full 30 days to review that before the council could consider those fees at the December council meeting. So, tonight we're just proposing that you adopt a notice of intent. We don't know what those fees will be yet. We assume they will increase. It's been, you know, at least 10 years since we've looked at these fees.

This does not impact water and sewer rates, the rates that we pay on a monthly basis for our water usage. This is just the capacity fees. We have any questions for staff? Thank you, sir. Can I have a motion? Mayor, I'll make a motion to approve notice of intent to increase water and wastewater system capacity charges in coordinates with ARS9-511-.01, excuse me, and set a date of December 10th, 2026 to consider any such increase charges after a public hearing by electronic vote. I second.

Please call the vote. Mayor, that passes. Thank you, ma'am. Next up, item 11 C, construction services and architectural services. Miss Rutder, good evening, mayor and council. Um, this is a very exciting project for the community and it's taken us a while to get to this point, but we are now here at the next phase of this aquatic and indoor recreation center. So, I just want to um just kind of refresh your memory a little bit for some council that weren't on the council uh prior.

We did come before council. We put out an RFQ to bring on a project manager, construction manager to help be an extension of the public works team to deliver this project as a Seymar project. That is Kitel's team. Um they are here tonight. They're going to do the overall presentation on where we have been, how we got to this point, and where we're moving forward. Um, and then we're also going to in the staff report, if you read the staff report, I did clearly lay out path A and path B.

Um, path A is the indoor aquatic center costs for the preconstruction services and architectural services. Path B is in the hopes that the election will pass for the recreation facility as well. So, I wanted to come before you for the total amount. Obviously, if the November election does not pass pass, we will reduce down to path A. So, with that, I'd like to introduce Ryan with Kitchell to come on up and uh give an overview and answer any questions. Thank you. Welcome, sir. Thank you, Mr.

Mayor, Mr. Vice Mayor, ladies and gentlemen of the council. Thank you for the opportunity to speak for you and thank you for your public service. Again, my name is Ryan Brady. I'm a regional operations manager for Kitchell and uh along with my colleagues Gina and Damian have been very heavily involved with the process that has gotten us here to date especially with regard to the public engagement and the procurement of both the designer and the contractor.

So with respect to your time I'd like to be as uh provide you with a nice succinct overview of how we've gotten to where we are today. If you'd like to stop me at any time, please do so. So we let's see a clicker right there. Bang. So, the first thing I'd like to to start off with is just to let you know that just how important the public has been to the development of this program. The public truly has been a partner throughout this process.

And uh I if if I may, the the this this process championed by Gilbert's office, by Heather's office, has really been the the the most engagement with the public that I've ever seen in all the years I've been doing it. That to the the idea of democratizing this pro this process of of prioritization, so to speak, has really been uh something to be a part of.

So what informed this work to date with the with the count with the um has been a citizens committee of volunteers who dedicated a lot of their time to participate in surveys and training processes and we help teach them about what we're going to be building and how much it's going to cost and to really get them some buyin in the process and what emerged out of that process which went from auh April of 25 to August of 25 was a prioritization of all the amenities that that the public wants out of this uh understanding that we have certain financial restrict restrictions that we have to work around as as Heather mentioned.

So given the uh the restrictions that we had, we wanted to make sure that we knew exactly what was most important to the committee, I'm sorry, to the uh to yes to the to the committee as representatives of the citizenry.

And back in uh I believe it was September of 25 they presented their findings which at the top of the list was an indoor pool as the most important thing followed in order uh fitness space multi-purpose rooms and on and on that uh understanding that we have the financial restrictions of having only $16 million dedicated to the project thus far with the remaining $14 million uh contingent upon the November election.

uh we've been taking a two-pronged approach to this uh the way that we wrote the scope, the way that we've been dealing with the with the uh the designer and the and the construction company so far that we understand that the most important thing is the indoor aquatic facility.

So, let's focus that $16 million scope of work on just that and figure out a path forward with that direction and then follow uh and then have a co-path with um that 14 million being available to us and filling out the remaining recreation program uh that had been identified. Excuse me. Okay, two-pronged approach. Now, why did we pair the designer and the builder early? Um, the idea behind doing this is to allocate risk to the party best best uh man that that will best manage that risk.

In other words, uh we can put a design together and then ask construction companies how much it's going to cost and what we can do about it or we can get the constructor on board early and have them involved with the design process. That's what we were trying to accomplish here. So core construction uh represented here. I think we've got someone from uh from Grace as well here.

Just we've been working together behind the scenes even though we really don't have the green light just yet but just to get things started. Um we are uh developing the design with uh with core but I'm sorry with grace but core is going to be there every step of the way doing cost estimates checking buildability making sure that there's any red flags that might come up during design we're going to address them now so that we don't have to cost so that it doesn't cost more down the future.

So again, they're the core is here to test the cost and the buildability of the program as we proceed and uh the town is retaining decision points throughout the process. So we're going to have milestone estimates throughout the uh throughout the design process that core is going to be comparing. We're going to be producing them. We're going to be red we're reconciling that pro that together to make sure that we're on track and on budget.

All the while making sure that we're keeping an eye on those 16 or $30 million options. So where do we stand now? Both the grace the design contract and core the contractor contracts have been signed. They are separate contracts but the idea is to work early and often together to build partnership transparency open communications really approach this as a team together despite the fact that we've got two different contracts but c both core contracts are signed.

Now, our next stage gate is where we are tonight, uh, seeking approval of the contracts, and both of those design paths are going to stay open as we start to partner and workshop things in advance of the of the ultimate decision on our funding in November.

So, from your perspective, some of the key milestones that might be important to you, uh, as of tonight, we're looking at the, uh, the agreements uh, and, uh, between now and November 3rd, we're going to continue along that two-pronged approach. Uh, as of November 3rd, we'll find out which direction Prop 493 goes. During design, as I mentioned, we're going to have periodic cost estimates performed, construction schedules.

We're going to be reconciling those with independent uh estimates of schedules of our own and providing the town opportunities to make decisions along the way and do our appropriate value engineering as we as we go. And before construction, we're going to be putting what's known as a GMP or a guaranteed maximum price before the council. A GMP is simply another way of saying this is the total contract amount for the construction.

And the way that it may come up in in case you hear the concept of having multiple GMPs that reflects very common practice these days, uh we may break it up uh say we get our full $30 million scope. We may start with say a $10 million GMP to start followed by a 20 million GMP. The reason we may do something along those lines is to get ahead of anticipated price escalations. you know, it used to be electrical equipment, now it might be metals.

So, these are strategies, best practices to make sure we get ahead of any ripples in the market. So, in case you hear that down the road, that's what we're going to be working toward all being put before you before we advance. And with that, again, the key takeaways here, uh, we really want to emphasize how much preparation, how much open communication partnership transparency, and true discipline and dedication to a process that we've had uh, so far.

So, uh, really proud to be here, frankly, uh, at this point. It's the end of a long process and the beginning of another really neat process going forward. So, thanks for your time and I'm happy to answer any questions. Council, we have any questions for this gentleman. [snorts] I just have a comment that um, you know, the surveys [clears throat] from the community really uh, share the the desire for indoor pool, a year- round pool.

Uh so I'm glad that we are moving forward in this direction and um the committee that we did put together did put in a lot of hard work and really uh came up with a great plan. I think agreed. Anything else? Seeing none, entertain a motion.

Mayor, I'll make a motion to approve a professional services agreement with Grace Design Studios LLC for architectural services, including construction administration for the potential aquatic and recreation facility project capital improvement project number CF2503 in the amount of $2,743,92 plus an owner contingency in the amount of $50,000 by electronic vote. I'll second. Please follow up. Mayor, that passes. Thank you, ma'am. We got to do B. Motion B for the same item.

Oh, we need another motion. I'm sorry. Yes, another motion, please, for item B. Mayor, I'll make a motion to approve a construction manager at risk CMR CMR agreement with Core Construction Incorporated for the potential aquatics and recreation facility project CIP number CF2503 in the amount of $349,476 by electronic vote. I'll second please call it. Mayor, that passes. Thank you, ma'am. Next up, proposed amendment town code 11-03-040. authority designate restricted parking areas. Welcome, Mr.

Murphy. Good evening, mayor, vice mayor, members of the council. This is an item following our discussion last week at study session regarding amending the chapter 11 designating parking zones to public works. I'm here for any questions. Any questions that were not answered from last week? Seeing none, entertain a motion.

I'll make a motion to read ordinance number 2026-986 amending town code 11-03- 040 assigning designation of restricted parking areas by title only on two separate occasions and place the final on final passage by electronic vote. I'll second please call the vote. Mayor, that passes.

Ordinance number 2026986, an ordinance of the mayor and common council of the town of Presca Valley, a municipal corporation of Arizona amending town code section 11-3-40 authority to erect signs restricting parking in article 11-3 parking in chapter 11 traffic as recommended in the Presca Valley safe streets for all SS S4A safety action plan providing that all other chapters articles and sections of the town code not hearing amended shall remain in full force in effect and providing that this ordinance shall be effective 30 days after its passage and approval according to law.

Thank you. Thank you ma'am. Next up, storm water infiltration and recharge resolution. Actually, I'll take this one, Mr. Mayor. Okay. Yes, sir. Um I was wondering why Skylar wasn't moving. I'm like at some point he needs to get down here. He's going to shout from the audience. Uh Mr. Mayor, members of the council, this item uh is a the background on it is uh part of the town strategic plan that uh the council adopted several years ago.

Uh clearly spells out the need for various storm water projects and looking at uh initiatives where we can try to capture uh legally available storm water. We've been working for the you know past several years on uh multiple different projects uh and and working with the region and with state partners on this. So there's some really exciting things that the town itself is doing in this sphere.

We also are working closely with Yavapai County and our sister jurisdictions on a broader uh conversation about the capture of storm water. Uh so th this resolution is basically just the council reaffirming its commitment that this is a source of water that again there's legal issues that we have to work through in terms of downstream water rights. Um but if water is available, this is a source of new water that can be used for various types of things including aquafer recharge.

Uh and the last point that I want to make is there's also the the three state universities have recently come out with a very comprehensive report on storm water. We are calling through that report. There's many many different uh recommendations and ideas that are contained within that report and we will be using that for uh guidance with some of our future projects as well. So if there's any questions on this, it's just a resolution.

There's no uh commitment financial or otherwise as it relates to anything specific. Sounds good, sir. Any questions for Mr. Davidson? I entertain a motion, please. Mayor, I'll make a motion to authorize signature of resolution number 2026-2463 supporting local and regional storm water infiltration and recharge projects by electronic vote. I'd second. Clerk, please call the vote. Mayor, that passes. Thank you, ma'am. Next up, GPA 26-001 Stone Ridge Cell Tower resolution number 20 26 22462.

Welcome, Mr. Norlock. Thank you, mayor, vice mayor, members of council. Um, this is a minor general plan amendment and a zone map change. Um, it is two two separate motions, two separate public hearings, but since they go hand in hand, I'll just do one presentation uh real quick and then the applicant has a quick presentation as well that they'd like to share. So, this is on uh parcel number 10361004C, which is approximately um.3 acres.

Um it's just east of Stone Ridge Drive, north of Lucky Draw and south of Old Black Canyon Highway. Um over by the Golf Course Maintenance Building. Like I said, there are two requests uh for you today. Um a minor general plan amendment to change the portion of land use designation from community commercial to low density. Um the second is a resone that portion land to RL10 PD from CNPD.

Uh the request is require are required because of a lot line adjustment for a proposed cell tower onto the northern property to meet the setbacks for that. Um and in the conditions of the zone map change there is condition uh to allow the cell tower as well. Um once again uh the general plan designation is community commercial and we are looking to change that to um low density and which they allowed uses RL RL and RS to kind of match that zone there to the north.

The site plan here uh shows the lot line moving from the current property line in the red um down to the proposed property line there in the blue to meet that 100 foot setback for the fall zone of the tower um which would allow for the setbacks here. These are elevations given to given to us by the applicant um of the cell tower as of a monopon design. Um that's kind of what they're looking at doing and what the owner of the land has requested as well out there.

Um planning and zoning has recommended approval for both of these with additional conditions at on the zone map change. Um I'll allow the applicant to kind of come up and explain um their side of it and kind of why they picked this site and logistics of that. Sure. And before he gets up here, am I noted that this is going to be a public hearing as well? Because it's not noted on the agenda. So this is a public hearing.

I know the next item is, but I just want to make sure that this will also be a public hearing. Both of them are. Okay. Welcome sir. Good evening, [clears throat] Mr. Mayor, Mr. Vice Mayor, members of council, and staff. Uh my name is Logan Williams. Um I'm here on behalf of the applicant. Uh with me is Mr. Steve Kennedy and Josh Leonard joining us online. Um we do have a presentation in the interest of everyone's time. Uh we're going to try and give a bit of an a bridged version.

Um so if there are no initial questions, I'm happy to kind of run through that very quickly. All right. As Mr. Nurlock said, this is a 100 foot monopine or fake uh pine tree disguised cell tower. And this going to be adjacent to the existing [snorts] maintenance facility for the Stone Ridge Golf Course. Um, it's going to be enclosed behind a CMU wall to match the existing infrastructure that's already there for the maintenance facility.

Um, this is a similar survey that was already showed, but as you can see, our access is going to be off Old Black Canyon Highway to the north. And then here's that zone map change as well. Elevations. Um, so you'll see the Verizon will be the anchor tenant at the top there. Then we also have availability for two additional carriers. Um, here's some of the photo simulations. So, this will be to the north uh west of the proposed location. The southwest, southeast, and the northeast.

Um, this is just an overview of the area. As far as the site selection, this did come up at our last meeting. Um, of the vacant area surrounding this, this about a half mile radius um from kind of the center point. Um, majority of this land is all owned by the same owner as that is our landlord. Um, pretty much all of this is planned to be developed whether that's commercial or residential. So, in his words, this is already kind of the least attractive portion of the property.

Um, so that's kind of why we came to this this selection for that. This is just a zoning overlay showing that you know as far as the commercial or mult multifamily zoning uh most of that is developed or being planned to develop and all the available land is under same zoning as well. Uh telecom act of 96 um we went over this and then Mr. Leonard will will go into that deeper if necessary after. But um that concludes my portion as far as the site selection.

happy to stand for questions or following the the rest of the presentation. Thank you, sir. I will say that I've had numerous people before you guys announced that there was going to be a poll from Stone Ridge complain about not even having any cell phone service in in their home. So, u when you guys announced this, they are extremely happy and I probably hear at least once every couple days about how excited they are about this. Good to hear. Good to hear. All right. Thank you. Welcome, sir.

Evening, Mr. Mayor, Mr. Vice member, mayor, council members. My name is Steve Kennedy. I'm a radio frequency engineering consultant. I've designed wireless networks for 36 years in the essence of going fast and trying to glaze eyes over. I'll just go through a couple of slides just to kind of review the area. So two reasons why carriers build cell sites. One is coverage. The ability for the transceiver in the phone to talk transceiver site and not have a drop call. Second reason is capacity.

Capacity is one of the main reasons for this site. Capacity is the ability to transfer the information. So 30 years ago on this, all we could do was talk. Now they do a whole lot more. Well, that that causes capacity. You look at it, a simple way to look at capacity is like a water line. Run a water line down a street, one person attached to that water line with a house, they get 100% of that water line's capacity. Two people attached, they split at 50/50. Four people, they split at 25.

Keep doubling that and everybody gets a smaller and smaller chunk of water or gallons per minute. A radio channel works the same way. It's a finite resources. So, the more users that attach, and I can venture to guess that mostly everybody in this room has a cell phone. The more people that attach because the phones stay connected all the time, even if you're not using them. That's what capacity is. That's what the reason for this site is for capacity in the area, as well as indoor services.

Uh, let's see. So, looking at the area, you can see the the blue pins, red pins, and magenta pins. That's all of the surrounding Verizon, T-Mobile, and AT&T sites in the area. The closest site uh from the proposed is 1.2 miles away. That just so happens to be the capacity site that is overloaded. So, low throughput, low gallons per minute per user. And that's why this site's coming into the south. As you said, Mr.

Mayor, that there's not a lot of good service down in the area where this proposed is. [snorts] This is uh crowd source data showing uh where this proposed site is. If you look over on the legend on the left, uh there's a bunch of numbers there, but if you look at the dark green, orange, and red, that's below neg 106 dBm, uh which is a signal level analysis. Anything below neg 106, you don't that's below outdoor service.

That's kind of like lick your finger, stick in the air, and hope for the best. You may or may not get a connection. So, within this area, we've got a lot of lower lower coverage levels. Um then just running through the the propagation plots. This is current. It doesn't look like a big change, but it is going to be a big change because the site is right on top of the users. It's the best place to build a site is where the users are.

Um so it's going to be right on top of the users and it's going to provide better indoor services as well as offload the surrounding sites that are trying to serve that area at this time. So uh I'll move through and I stand for questions. We have any technical questions here. Councilman, will this cell site have a uh an automatic start uh generator that can handle the entire uh load uh in in case of a a power outage? Yes, sir. It does. It will have an automatic generator set on site. Thank you.

Anything else? Mr. Norlock, anything else you'd like to add? Uh, this is a public hearing as I mentioned. It is I don't know if I opened it or not, but it is open. Does anyone have a question or comment on this item for Stoneidge? Come on down, sir. Dave Lner, Presca Valley Stoneidge board member and I've been involved with this for a long time and I can tell you very certainly that the Stone Ridge inhabitants, homeowners are thrilled to have this.

There have been times when we have heard that they have tried to make a lady tried to make an emergency phone call and she couldn't get through and her husband was laying on the on the floor and she couldn't get EMS to get there because there was no there's no cell coverage. So, um I just hope you guys do this because uh one of my passions as a board member is safety for the homeowners and anybody will tell you that that's that's what I do. So, please approve this next time around. Thank you.

Thank you, sir. Anyone else wish to speak on this stone item? Come on down, ma'am. Welcome. Thank you, mayor, vice mayor, and just adjust your microphone a little bit more. There you go. There we go. Um, my question is on those other two uh capacity uh other cell service towers. Um, is there any projection on those? I I had client up there and I had no service whatsoever and that's why I'm asking. So, your question it's other than Verizon, is there going to be another cell provider?

Yeah, there it's um they mentioned that there were two other uh services that they would be able to use. Uh, correct me if I'm wrong, sir. that just is there's an opportunity for another provider to come and and piggy back onto the poll. Yes, Mr. Mayor. Steve Kennedy again. Uh there's the opportunity for AT&T and T-Mobile or any other system that wants to attach they can attach.

So the site will work for Verizon users and to be honest with industry once one carrier sets a pole and it's an area that's got bad service usually the other two guys show up within a few years. That answer your question ma'am. Is there anyone else that wishes to speak about this item? Seeing none, I'll close the public hearing and I'll entertain a motion to approve this item. Well, I just wanted to um mention that I watched the PNZ um meeting and it was very thorough.

Uh the uh the information was very detailed and so it makes it easier to make a decision up here. And there was no push back that I'm aware of. the um the residents want it. The developer said this is the only site and so I just wanted to put that out there. Thank you, member. Can I have a motion, please? Mr.

Mayor, I'd like to make a motion to authorize signature of resolution number 2026-2462 adopting GPA26-00001 for the development of a cell tower in a portion of APN 103-61-004C by electronic vote. I'll second. Please call vote. Mayor, that passes. Thank you, ma'am. Mr. Norlock, is there anything to add for this item? Seeing none, this is also a public hearing that I'll open up. Anyone want to talk about this one? Seeing none, I'll close the public hearing.

Council, wave, any other questions on this? Otherwise, I'll entertain a motion. Mayor will make a motion to read ordinance number 2026-987 adopting zoning map change 26-002 by title only on two separate occasions and place the same on final passage by electronic vote. I'll second please call the vote. Thank you mayor. That passes. Thank you ma'am.

Ordinance number 2026987, an ordinance of the mayor and common council of the town of Presca Valley, a municipal corporation of Arizona, amending the town zoning map by changing the zoning district classification of approximately 30 acres portion of APN 10361-004C lying in section 26 T14N, R1W, G and SRB and M stone Tower site from CNPD commercial neighborhood sales and services planned area development to RL10 PD residential single family limited planned area development zoning and providing that this ordinance shall be effected 30 days after its passage and approval according to law.

Thank you ma'am. Next up final item 11H telecommunications lease town and alignex AT&T wireless services. Sir, mayor, vice mayor, council members, the item before you is for a lease agreement with Alinkx for to allow AT&T to put a cellular array at the top of an existing sports field light pole at Prong Horn Park. Uh we do have a representative from AT&T here to provide you with this presentation. So, I'd like to invite Bill Coning down to uh be able to provide that to you. Thank you, sir.

Welcome. Hi, my name is Bill Coning. I'm with uh Smart Link represent AT&T. Here to talk about the proposed site at Pong Home Park. Uh first slide we're looking at here, uh this is just a general area of the um location we're looking to put the site. Uh the star you see in the middle there, that is the exact location of the proposed tower. Uh main coverage objective for the engineer here is the Ponghorn Ranch community. that's just to the west.

Uh they're also looking to enhance some of the coverage to the larger partial residential that sits to the east there. Um as you can see, this is an all residential area. There's no commercial, no industrial. Generally speaking, those are the first kind of parcels we look for. Uh in a in a residential area like this, we're going to look for parks or sometimes maybe a church or something like that. And ideally, something that has existing verticality.

Luckily, Pong Horn Park does have existing verticality with their uh light standards. This is a zoomed in uh shot of the park. Uh the star is the light standard that we're proposing to put the antennas on. Uh it's just outside the uh left field home run fence there. It's out of the way of any activities that are going to be going on at the parks. We won't be interfering with anything going on there. Um, the closest house there to the east is a little over 300 ft.

Uh, closest house in Ponghorn Ranch is just over 400 ft. Um, this here, uh, this is a site plan of the proposed site. Up top there, you see our, uh, the light stand with the proposed antennas. About 150 ft to the south is where our ground equipment is going to go. uh just beyond the centerfield wall again out of the way so we don't interfere with anything in the park. None of the activities going on there.

It's going to be a 20 by 25 ft compound surrounded by a CMU wall and we will put a um uh a fence cap over the top of it to keep any balls from coming in, keep any kids from climbing. General safety, you know, we do that anytime we do them at a school or park or something like that. Let's see. This is a photo simulation of what the site's going to look like. It's it's your standard design. We've done it parks and and schools all across Arizona. The antennas will sit above the lights.

Uh the reason we do that is for maintenance reasons. If the town ever needs to go in there and replace a light bulb or do any maintenance on those lights, the antennas will be above them, therefore not interfering with them. In the past, we put it below a lot of times, but anytime the jurisdictional laws go above, we go above because it's much easier and better on everybody. This is our coverage map. Um, this is the before coverage. Uh, the orange and the red are the best.

Uh, green is not so good. As you can see, the Ponghorn Ranch area has a lot of green. This is the average coverage uh after uh the site is built coverage map. As you can see, we eliminate a lot of that green there. Uh get a lot of orange and uh red there. Uh even with a 80ft site right next to the community, we're still only able to cover probably a little over half the community there.

Um, I know there was mentions of, you know, putting sites further away from houses and, you know, uh, I I understand that, but the reality is you you have to be pretty close. We're trying to get inbuilding coverage here. As you guys all know, everybody uses cell phones as their house phone now, and we need to get coverage in the house for people to use. In order to do that, you have to be reasonably close. There's a lot of uh, buildings and trees and things here to get through.

And so, uh, this this does part of the job, but, uh, you know, ideally you want to be right in the middle of there, but again, that's impossible in a residential area. Uh, so we did have a community meeting uh, for this site. 38 residents signed in uh, the sheet. Uh, the vast majority were against the site. I think there was three gentlemen that came to me afterwards that were for it. Um, [clears throat] the only concern that was voiced at that meeting was health concerns.

Um, I'll tell you the same thing I told the residents there. You know, I'm I'm not a doctor. I'm not a scientist. Uh, but I I don't think it causes any health concerns. We've got government regulations, the FCC's that put rules in place, regulations in place to make sure these towers are safe. We have people that work for us that make sure we're following those rules that it's safe.

Um, you know, these these towers have been around for over 40 years now, and I've been doing this for 26 years, and we put thousands of them in. Everybody uses these, and there's just no evidence of of anybody, you know, having health, you know, concerns over this. So, you would hear this on the news, there was actual concerns. Um, plenty of stuff, I'm sure, on the internet, you can get anything on the internet, but in the real world, you just don't see this. It just doesn't happen.

I compare it to the the structure of the tower. I'm I'm not an engineer, but I can confidently tell you that I don't believe this tower is going to fall because there's regulations in place. There's rules in place put uh there by the government and we have engineers that say we have to follow those. And in the 26 years I've been doing this, I haven't seen any towers just randomly fall. So, I think it's pretty safe to come to the conclusion these these towers aren't safe or they are safe. Sorry.

And then, you know, with Prescat Valley growing, every carrier is going to want to put these everywhere. And just like the site you guys were just looking at earlier, um they're going to want to put them where the people are. And this park is kind of an ideal situation for that existing verticality. We're over 300 ft away from any house. Um it it really is the most you know the best spot and realistically the only viable spot that we have to be able to get coverage in that neighborhood.

So there was a a comment at public hearing in regards to the use of the viewpoint park. Do you want to comment on that or answer the question? The viewpoint park that's to the um the west west correct. Realistically there will probably be antennas put at the viewpoint park. Also as you can see looking at that coverage map we have We don't even quite make it that far. So, Viewpoint Park would cover that western half of the Pong Horn community.

Um, one of the gentlemen talked about 1500 ft from houses, which is over a quarter mile, and a lot of these sites only cover a quarter mile. Um, you know, the engineer talked about capacity issues, and that's the problem. So, as Prescuit Valley grows, there's going to be more and more of these and they're going to be closer to businesses and houses and things like that.

And, uh, you know, things like this park with existing poles so we don't have to put something else, you know, in the Skyliners is ideal to meet that objective. Um, so yeah, I haven't got word from the engineer from AT&T they are looking to build something there, but I can just tell you by looking at that sometime in the future they're going to want to build something there. It all comes down to budgets. I'm sure if they had unlimited budget, I'd be assigned to try to put sight there right now.

Um, you know, there there are quite a few that are coming this way. And I know this isn't the first time, and Mr. Judy, you might have the answer to this, that we've had, I believe AT&T came to Ponghorn before, a few years ago, and attempted to do this. Would you say three years ago, four year? What would you put a number on? Two or three. Were you a part of that presentation at that time, sir?

Uh, no I was not, but it's my understanding that was for a a brand new poll that they didn't have the light standards. It was it was a it was a brand new poll. Okay. Yeah, I was involved, but uh I did hear about that. Um, one of the u I think Bobby might have told me about that. Gotcha. Yeah. And this is an a unique situation in my opinion and I'm I'm all for communications and cell phones and safety and definitely need that.

Um, what I find interesting is tonight we've had something come up that I don't recall ever coming before council where residents just asked for 30 more days of information to gather for um, whatever for lawyer purposes or just to evaluate the information that we were able to provide them as a town. Um, we've waited four years for this poll. I think another 30 days I don't think would bother me personally and if it was something that we could put on, I have no issues at all with that.

I'm not asking for another presentation of what you're doing. All I'm asking is let them feel like they had an opportunity for 30 days worth of due diligence to say and we kind of go from there. Uh again, I'm not asking for uh a presentation. And again, it's only me I'm saying that, but I'd like to hear what other council has to say. Mr. Mayor, council, could I add something? Sure.

It might help if I gave a little bit of the background as to why this process was different from the process that you had just before. Uh, you know, back in the mid 1990s, the federal law changed and basically it was designed to favor these types of facilities. And federal law basically was adopted that made it difficult to not grant the zoning required for these types of facilities.

As long as the commitment was made to comply with federal standards related to the radio waves and certain other requirements were met, uh basically you could not use that as a basis for denying the reszoning required for these types of facilities. And so back in the late 1990s, the town got a consultant uh worked with the city of Prescuit and Yavapai County and put together a telecommunications plan and put that in our general plan.

And the the crux of the plan was that these types of facilities would be encouraged to be put on public property rather than private property so that we wouldn't have to go through in a case-bycase basis reszoning processes. And so all of the town property was uh already public lands and the town code was amended to make these types of facilities a matter of right in uh the PL zone in the public land zone.

The only requirement was that there would be a neighborhood meeting and of course all of these facilities would have to comply with federal law and then the town would enter into a lease with a company called All Links. And that company had been part of our telecommunications plan. And they had a great deal of experience entering into negotiations with companies that would then be the providers.

And so the town would lease with all links and then all links would subleasase with various telecommunications facilities and would encourage multiple facilities to be on uh the poles or the water tanks, whatever the facilities were put on, they had to be put on town infrastructure or they could go to the school district and they could use the school district's infrastructure.

And so uh since then every telecommunications facility that exists in Prescat Valley is on a government a piece of government infrastructure in government land. And so uh Mountain Valley Park, that's where a good number of the facilities exist. Viewpoint Park, there's already a a facility that's on a light pole there. uh the public works yard. We have a tower that has multiple uh providers on that tower.

Uh in a couple of water tanks, we have got facilities on those water tanks up on uh the ridge there by um public uh Presca Country Club. And then uh of course HUSD has facilities on I think each one of the light standards there on their football field. So that's where all of the facilities have have been put except tonight.

Tonight for the first time, we actually had a resoning on private property because there wasn't a public land area that was going to allow Stone Ridge to have the improved coverage that they were looking for. So um that's why the the process tonight didn't involve a public hearing. It didn't involve, you know, the planning and zoning commission. It is already a matter of right in any public land where we have infrastructure. We simply enter into a lease.

That lease requires that all links comply with federal law in terms of the radio waves or other issues involved. Uh and then they negotiate a price and all links keeps a small portion of that because of the work that they do. and then they give the rest of the proceeds to the town. And those leases typically are anywhere from 15 to 20 years. And we are currently working on another one with the town uh off of Robert Road that went the same process that'll probably be on the next council meeting.

And I mean by the sounds of it, it's it sounds like there's going to be at some point a cell tower at that location. I mean you guys advised a little bit about having a lawyer at that point. hopefully in the next 30 days or if council chooses to delay it. You can figure it out in 30 days, but I at some point we would have to call a vote is my opinion. So, and I'd be happy to meet with any or speak with any attorney that would like to speak with me about Councilman. Thank you, Mr. Mayor.

Um, you know, as a council, we it's our responsibility to try to understand all of these technical issues as much as possible and and if necessary to try to explain them to the uh to the public. Uh, I'd like to provide some perspective about cell towers. When when 5G first came out, there was a lot of misinformation, a lot of scare tactics. There's currently no official scientifically proven required distance to live from 5G towers.

Smaller towers like the one that's proposed at the Pong Horn Park produce a transmitted signal analogous to a nightlight. They're not high-powered beams that will, you know, turn you into dust. Uh I have been a ham radio licency for over three decades and have studied radio wave propagation extensively. These highfrequency waves are line of sight and these radio transmissions follow the inverse square law. That is as they leave the antenna they quickly lose energy density.

For example, when you double the the distance the energy is only 1/4. when you quadruple the distance, now you're down to 116th of the the radio packet energy. Um, and so on. So, it's it it really decreases on a logarithmic scale. Um, another important point is that uh your cell phone gives you far more exposure to these radio waves than than being uh having a tower off in the distance.

Having said that, I agree what the what the mayor said about postponing a decision and providing and allowing our our residents that there's been considerable It's interesting. There's been considerable push back on this one, but not the uh Stone Ridge one. You probably wish you were on the other team. No, I watch the other one win. I thought, yeah, no, I hear you. But um anyway, I think that that is the best temporary resolution of this till all the matters can be discussed and and settled.

Thank you, council. And I agree with a postponement um and possibly discussion as to um you know, do you do you want a tree? Are you more open to a tree? Are you more open to a water tower? or are there other locations in the vicinity that maybe haven't been developed that we could require in as part of development like like Stone Ridge just did. He has some dirt that was reszoned for home for um a cell tower so that it's not impacting existing residents.

Uh so maybe we could look at a few things like that as well. Staff, we have any vice mayor? I'm sorry. Can you go back to the before and after uh slides, please? Yeah, this is the uh before the site. That's after. So, definitely a lot of the the green is still in viewpoint, not necessarily Ponghorn. And then your coverage, yes, it improves in Pongghorn, but it really seems like it improves in the county areas uh to the uh east.

Yeah, that there's there's no there's not as many trees, not as many houses we're shooting through and so it's going to shoot a lot further that way. Um that's, you know, the big reason for So that that's why I was saying most likely the other park you guys were discussing to the west, they're going to want to colllocate there in the future. So I I I also do support postponing this at least until the next council meeting. They're the only council meeting in November.

Would that be possible, staff, to have it for that one? It would give them the 30 days And because the next council meeting is in two weeks and I don't feel is that that's enough. Are we able to put that on the agenda? Yes, Mr. Mayor, we can bring this back in November. Is there any objection to that? Uh, no. You know, I would like it approved tonight, but of course, everyone wants it approved the same. I'm going to go with what you guys, you know, decide for sure.

So, I I would like to add one thing because I had a part of my presentation just so I can get in. Uh this tower is going to uh have what's called first net on it uh which is an emergency service uh dedicated signal um in times of a disaster or major e emergency where everybody's calling 911 and clog up the lines. We'll have a dedicated line there just for first responders for emergency people. So they'll always be able to get through and communicate with each other.

And that's for all uh new AT&T sites moving forward that are going to be presented to the town will have that on it. And I'm glad you mentioned that as as the one speaker said that they they had a friend that literally their husband was down on the ground and she wouldn't have been able to call 911. So that's certainly a concern. Um safety is a concern of this council and it should be of everyone in this room. So I appreciate that.

Um Vice Mayor, I'd also try to encourage you to also have another community meeting in Ponghorn to discuss this with more residents. Okay. If there's nothing else to add, I'll just take a motion to just postpone 30 days or a minimum of 30 days and put this item on the agenda for November. Mr. May, I'll make a motion to propose postpone this agenda item to a future meeting, specifically the November 12th, 2026 meeting. Have a second. Mayor, that passes. Thank you. So, you got your 30 days.

Sound good, guys? All right. Anything else for the good of the order? Seeing none. Have a good night.