Council Deadlock on Primary Winner Leaves Seat Vacant; State AG Complaint Threatens $5.1M in Shared Revenues

e e e Unice thank you is Pastor John Coan here for yes for Trinity Lutheran hi thank you yes I'm Pastor John cooseman from Trinity Lutheran Church here in Fountain Hills on the corner of Palisades in Fountain Hills Boulevard and in November it will uh be three years that I've had the privilege of living here and I want to say on behalf of myself and the family of Trinity Lutheran church thank you to all you for serving and for giving to our community and we truly do appreciate that I wanted to share a devotional thought on the subject of wisdom and where better else to go than to the brother of our our Lord Jesus Christ who in James 3:13 says who is wise in understanding among you by his Good Conduct let him show his works in the meekness of wisdom I had the privilege of being at my 50-year College reunion and one thing I learned of course is that wisdom does not come from Academia intellect comes from that place and I'm thankful for that and celebrated that but wisdom is a gift from God so James also said in chapter 1 verse5 if any of you lacks wisdom let him ask God who gives generously to all without reproach and it will be given to him it's what I love about God he gives us that wisdom but he doesn't give it for our self- gain or purpose and he gives it so that we can be of service to others so that we can help a community like ours here at Fountain Hills to live in peace and unity together maybe not always Unity but unity and and uh I thank you again for that and uh I would ask for the privilege to open now in a word of prayer heavenly father I thank you for these our elected officials and leaders I pray father that you would bless them with great wisdom tonight not for the sake of themselves but for the sake of the community which you've called them to serve be a blessing and be present be to us that source of wisdom we ask it in the name of Jesus Amen again thank you roll call please mayor dicki here vice mayor calab anakis here council member fidell president council member McMahon here council member to here council member skillcorn here right thank you and now I'll will read the statement of participation anyone wishing to address the council regarding items listed on the agenda or under call the public should fill out a request to comment card located in the back of the council chambers and hand it to the town clerk prior to consideration of that agenda item when your name is called please approach the podium speak into the microphone and state your name for the public record please limit your comments to three minutes it is the policy of the mayor and councel to not comment on items brought forth under call to the public however staff can be directed to report back to the council at a future date or to schedule items raised for a future Council agenda thank you Angela uh tonight we have the pleasure of Dave trimol um and I don't know if you have a report or not but uh he's here for uh for our meeting thank you mayor no no report tonight happy to be here pinch hitting for thank you appropo metaphor there Hannah hi well we had quite a few different events in town uh one being of course the homecoming game I'm very sorry to our Falcons that it didn't turn out as we wanted but it was still wonderful to see everyone there um one thing that I want to bring to the attention of the residents is that you know last meeting the council chose to leave our Council seat vacant that is currently vacant and we unfortunately now have some attention on our town from uh Representatives Colin and chaplick who wrote a letter to say when a vacancy occurred on The Fountain Hills Town Council it deadlocked with respect to filling the vacancy via vote on September 17th 2024 the council has not agendized the filling of the vacancy for October as a consequence it does not appear that the Town Council will ever fill this vacancy as it is compelled to do by law but we'll simply wait until the winner of the election takes office ARS section 9- 235 however States the council shall fill a vacancy that may occur shall fill a vacancy accordingly the council has no discretion to wait until the voters fill the vacancy but rather is required to fill the vacancy itself depending the voters chosen candidate taking office it's really unfortunate that our Council has devolved to this point but I felt the need to include it in my report as the community should be aware thank you mayor um we did have a busy uh session between the last meeting uh we had our October Fest here at the first time I think we've had it at the community center and the Centennial Plaza so I was there working with the Elks Lodge in town serving meals and it was a lot of fun and pretty well attended we also had the Fountain of Light ceremony right outside Town Hall here um I want to thank Bart Shay for his contribution I see you out there in the audience thank you for your contribution to the uh the base of that uh display I also attended the aid to women shelter it was a big fundraiser down in Phoenix uh while I was in between uh meetings I also attended the Fountain Hills Leadership Academy where the mayor spoke on know your government we also had a u state of the County uh by Tom Galvin and that was pretty interesting he gave us a lot of facts and figures and and and what's happening in our County we have a very successful County they have a very healthy budget as we found out and then I went on a couple of business retention uh development calls with uh Amanda Jacobs we went to CrossFit Fountain Hills which is really cool if you haven't been there you got to stop by there they have quite a workout routine there and then today we went to uh a darl Scottdale where we met with uh David Barnett uh there's new owners new ownership happening up there and they're really interested in doing a lot with the town so we're looking forward to a good partnership with them and working on things in the future to help them and and the town thank you I thought that we when when we're asked to come up here or asked to speak it's on statement of participation and I object your very inappropriate comments it has nothing to do with your participation and I I I don't think it's appropriate for you to take advantage of the situation like that um I'm going to be brief I um also attended the chamber state of the county it was excellent to learn how healthy Maricopa County is I've attended our dementia friendly committee meeting and we are planning for another successful Summit in February the East Val um the Valley Metro board meeting updated finances East Valley partnership infrastructure uh committee meeting where we talked about the freeways and the additions and the need to vote in proposition 420 479 um The Fountain Hills Women's Club we had a great October Fest this weekend it was was really really fun it um was in the new in new Centennial Circle that worked out really really well and it was good to have it inside because it was so hot and also I also attended the Fountain of Light ceremony and it is a beautiful Fountain it is if you haven't been and walked by it yet at night it is very very pretty it's on Avenue the fountain just outside Town Hall thank you thank you thank you Miss mayor um thank you everybody for being here tonight I noticed we have kind of a light crowd tonight so I guess baseball playoffs take precedence over Town Council meetings um I like to greet everybody on Cox channel 11 YouTube of course in person and live streaming to our town council meeting tonight we discuss the town's business um Thursday September 19th I also attended the state of the county breakfast uh given by the May Copa County Supervisor who's currently the chairman Vice chairman of the board he gave a very optimistic report on the state of Maricopa County it was a wonderful thing to hear all the great things that they're doing I won't recount them here because there's they're too numerous but it was a good it was a good report and thanks to the Chamber of Commerce for sponsoring that um we also did the Fountain Hills Leadership Academy know your government um two weeks ago but since the last council meeting um where all of our town staff the mayor uh Town manager and all of our staff gave um presentations to the the Future Leaders of our town uh the leadership academy is a very important component to our town it's a pipeline to our Future Leaders pipeline to our commissions our boards Our Town Council and possibly the mayor's office and so I support that this week um is going to be the fort mcdal Yavapai Nation Tour I help put that one together um and I will be attending uh that session with the class this week um again Wednesday September 25th we did have the Fountain of Light ceremony uh thanks once again to Brian Shader the artist for doing a great job and adding such a beautiful addition of art to our town um like Jerry said I want to thank bar for his uh generous one more generous contribution to our town um that's what it's all about and we really appreciate that kind of community Spirit um the 26 I had the pleasure um since the mayor was busy to um conduct the uh uh state uh go to the aesthetic elegance and wellness and do the ribbon cutting ceremony it's on Avenue of the fountains and uh it's a kind of like a beauty Boutique lot lot of procedures they do there um it's developing a a More Beautiful You on the inside and out and so if you haven't stopped by talk to go there talk to Ellie she's a wonderful person um I did go on the 26 the same day after the ribbon cutting to the school board Forum that was at the Chamber of Commerce too um there we got to hear from the candidates that are running um we are extremely fortunate in this town to have such a great talent pool for our school board Dr Rich rowski Dr Anne Evans and Kim Duckworth who's a concerned mom that has children in the school district um all shared their thoughts about um the school district and uh those are three winners we can't go wrong so I'm I'm really glad people are stepping up and volunteering for school board um I went to the October Fest ceremony which was the 27th and the 28th and we tapped The Keg played a lot of music uh ate good food and recreated it was a wonderful time um normally it's held down at the lake and it kind of services more of Scottdale Mesa Gilbert um we scaled it down this year it was at the community center and the Pavilion the the Centennial Pavilion and I kind of liked it better it was more intimate um it was pretty much Town Fountain Hills residence Centric which I really appreciated and it was um it was charming and so uh that was a good I hope we keep doing it there um lastly um as everyone knows I play for the Desert Valley winds uh band and uh we have two gigs coming up um on December 7th we're going to have a Pearl Harbor remembrance it's going to be at the community center um I I hope everyone can come out and join us um we're going to play music to remember the day that we lost so many brave souls and then uh our band was also selected to play at Munch and music this spring so that date to be determined but I talked to uh the organizer yesterday and that that's a done deal so anyway that's my report thank you Mr Mayor thank you madam mayor uh actually I just want to point if you anyone missed the October Fest so was this last weekend there's another one going on at Desert Canyon Golf Club uh the 19th and 20th uh of this month and there's plenty of events coming up obviously this is the season that we treasure here uh when it's uh not nicer weather so that's all I have for tonight thank you yeah everybody's talking about the weather um but I think the October Fest was fun and kind of authentic under the Under the Tent like that um leadership Town Hall day was great everybody has such a varied and impressive background the new leadership uh Class 8 um went to most of the events that everybody was talking about um I was able to do the ballet uh welcome and what I like about that is then I can do kind of what you were saying about all the all the events coming so I could do this there was a lot of people there so I could sort of do a commercial for Fountain Hills events uh went to the U mag Regional Council which they have um 25 years of the domestic violence Council awareness Council and um Jerry's going to make that Pro Proclamation but I didn't realize it was 25 whole years um they also did a first things first uh Child Care focus on working parents and and what they're trying to do in the state there um AZ mag so azm.org is a really um comprehensive it's it's the mag website and you can go to the meetings and then they have all the presentations um spec specifically was about um air quality which is something we were talking about getting downgraded unfortunately so um the efforts that they're putting forth to try to mitigate that um because outcomes of getting a downgrade it wasn't just ozone but also particulates um will affect um you know the chips factories and all of the other uh economic development that we're seeing in Chandler and some of these other big cities so it's important for us to try to get our arms around that um I have I have several proclamations but I'm going to mention I don't have a proclamation for it but that October is Breast Cancer Awareness Month I also want to mention that um starting tomorrow at sundown is rashash Shana which is the Jewish New Year um you can find all the information you're invited to an event there it's Jewish Fountain hills.com and then of course want to mention that our thoughts are with all those that are affected by the devastation happening today and also in the in the past year and more and then um like I said we'll do the the proclamations I'm going to um go down there I'll present um we have Arts and Humanities month we have community planning month P fire prevention week and then um Jerry will do the domestic violence Awareness Month October so um Barb you're up Barb Hansen from the theater I'm going to start with arts and humanities yes it does so whereas the nation's 120,000 nonprofit Arts organizations the National Endowment for the Arts the National Endowment for the Humanities the nation's 4,500 local Arts agencies and communities across the country and the Arts and Humanities councils of the 50 states and the six us this is a mouthful us jurisdictional and districts have regularly issued official proclamations on an annual basis designating October as National Arts and Humanities month and whereas cities and states have celebrated the value and importance of culture in the lives of Americans and the health of thriving communities during National Arts and Humanities month for nearly 30 years and whereas the humanities helped diverse communities across the United States explore their history and culture and the Arts and Humanities embody much of the accumulated wisdom intellect we just we're talking about that right and Imagination of humankind enhance the enrichment and the lives of Americans and play a unique role our families communities and Country and whereas the nation's arts and culture sector which includes nonprofit commercial and education is an $877 billion industry that supports 4.6 million jobs representing 4.2% of the nation's economy a larger share of GDP than sectors such as agriculture transportation and utilities and boasts a $33 billion international trade Surplus and whereas the nonprofit Arts industry alone generates um $27 billion in government revenue 166 billion in economic activity annually including spending by attendees to Arts events of $31 per person per event beyond the cost of admission on items such as meals parking and lodging making the Arts a vital income source for local businesses so therefore I Jenny Dicky mayor of the town do hereby proclaim the month of October 2024 as National Arts and Humanities month and call upon our community members to celebrate and promote the arts and culture in our nation to specifically encourage greater participation in the Arts and Humanities in cities and towns so there we go and you have to say something okay well on behalf of Val stasic um president of the board of which I am a member for many years um we're very appreciative and I think our town is so lucky to have what we have as far as the Arts particularly our wonderful theater thank you thank you hold our next one is shoot okay this is the community planning month and I think farad is coming to get this one thank you you wearn your purple that's good you get the honors there and I'll read it so whereas change is constant and affects all cities towns suburbs counties buroughs townships rural areas and other places and whereas Community planning can help manage this change in a way that provides better choices for how people work and live and whereas Comm planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community and whereas the full benefits of planning requires public officials and citizens who understand support and require excellence in planning and plan implementation whereas the month of October is designated as National Community planning month throughout the US and its territories and the American Planning Association endorses National Community planning month as an opportunity to publicly recognize the part participation and dedication of the members of planning citizen planners and commissions who have contributed their time and expertise to the Improvement of the town and we recognize that many valuable contributions made by the professional community and Regional planners of the town of Fountain Hills and extend our heartfelt thanks for the continued commitment to public service by these professionals therefore uh Jenny Dicky mayor of the town of Fountain Hills in conjunction with the celebration of national Community planning month hereby du proclaim the month of octo oober as Community planning month thank you okay you going to say a few words all [Applause] right like to thank the yeah well thank you uh Madam mayor I just have a a few words here to share um so as We Gather to celebrate Community planning month we recognize the vital role that planning plays in shaping the future of our communities planning is not just about zoning laws or building regulations it's about envisioning a better future it's about ensuring that our neighborhoods are vibrant safe and resilient from Economic Development and transportation to housing and protection of our most treasured natural resources planning is at the Forefront of our of addressing the challenges and opportunities that lie ahead this year as we continue to navigate the changes brought about by continuous growth the importance of thoughtful and comprehensive planning has never been more evident let us commit to supporting and engaging in the plan planning process together we can create communities that reflect our shared values and aspirations uh thank you and happy Community planning [Applause] month got it okay last one for this spot is um fire prevention week and that'll be Chief hot okay whereas Fountain Hills is committed to ensuring the Safety and Security of all those living in and visiting our town fire is a serious Public Safety concern both locally and nationally and home is where people are at greatest risk from fire home fire killed more than 2,700 people in the United States in 2022 and fire departments responded to 360,000 Home Fires whereas roughly three out of five fire deaths happen in homes with either no smoke alarm or with no working smoke alarms which cuts the risk of dying in half whereas smoke alarms alert you to danger in the event of fire in which you may have as little as 2 minutes to escape the residents should install smoke alarms in every sleeping room outside each separate sleeping in area and on every level of the home and whereas residents should make sure their smoke alarms meet the needs of all their family members including those with sensory or physical disabilities and should test smoke alarms at least once a month and whereas residents who have planned and practiced a home fire escape are more likely to survive and whereas First Responders are dedicated to reducing the occurrence of fires and injuries through prevention and protection education and residents are responsive and able to take steps to increase their safety and where the 2024 Fire Prevention Week theme smoke alarms make them work for you serves to remind us of the importance of having working alarms in the home therefore I Jenny dicki mayor do hereby Proclaim October 6 through 12 at 2024 as prior Fire Prevention Week throughout the town and urge all to make sure their homes have smoke alarms and to support the many public safety activities and efforts of Fountain Hills fire and Emergency Services [Applause] uh thanks for this it it has been quite a few uh years that we've been doing this here and uh I did start my career in fire prevention long time ago and and sadly the uh stats don't really change that much we're we're progressing we're doing things we're requiring fire sprinklers uh but on the areas that that are really uh dependent on smoke alarms to to save people's lives the stats haven't really changed there I can pull up an article probably once a week where somebody's died in a in a fire because the smoke alarms didn't work so maybe at some point we'll get past that and be able to uh not have such high numbers but thank you thank you we appreciate what you do of course thank you so for those that don't know I serve on the regional domestic violence Council for uh for Fountain Hills as the representative just a couple of notes about domestic violence we had we saw a big increase during the covid years and those numbers really haven't gone down because there's been an influx of population here in Maricopa County so the numbers are still Rising the town takes it seriously we have a voucher program that we have set up for anybody that's in a situation like that and they need to have a place to go to and also um Wednesday nights in October the town will be having the fountain turn purple and also cloak the uh Town Hall in purple lighting as well so with that I'll read this Proclamation and then um Bob if you want to get a picture of the mayor and I that would be great okay Proclamation for domestic violence Awareness Month whereas home should be a place of warmth unconditional love tranquility and security and whereas for most of us home and family can indeed be counted among our greatest blessings and whereas tragedy for many Americans these blessings are these are blessings that are tarnished by violence and fear and whereas women men young children and the elderly are all counted among victims of of domestic violence and whereas domestic violence is a major contributor to homelessness particularly among women and children and whereas physical injury and deaths occur and emotional scars are often permanent and whereas law enforcement officials shelters hotline Services healthc care providers the clergy and concerned citizens are helping in the effort to end domestic violence and whereas we must recognize the compassion and dedication of all these volunteers and professionals applaud their efforts and increase public understanding of this important problem now therefore I Jenny dicki mayor of the town of Fountain Hills Arizona to hereby proclaim the month of October's domestic violence Awareness Month in Fountain Hills and urge all citizens to observe this month by becoming aware of the tragedy of domestic violence and supporting our community efforts in working toward its end thank you [Applause] thank you good job thanks we appreciate you you know these proclamations we get requests and um we like to honor them when we can and um a lot of times we'll get uh folks who want to come and get them but we're happy to do them even if someone can't come so thank you next we have a presentation from our Chief Financial Officer Paul singer and uh the floor is yours great uh excuse me good evening mayor vice mayor and council members tonight I'll just be doing a brief presentation uh just to give you information on our fiscal year 2024 quarter 4 and ful year revenues um most of the presentation will be positive but there are some headwinds to consider for this current fiscal year that I'll discuss in depth so our total net taxable activity which is basically just all of the TPT filers filing their uh TPT sales tax returns uh to the State of Arizona through ad uh that amount for fiscal year 2024 for the fourth quarter was 194 million it was actually a decrease from the same period from the prior year but that year um that quarter had a bit of high activity that was uncommon so it really was a strong quarter because if you go back two years it was still a $2.4 million increase from that twoyear ago period and just real briefly about our total TPT collections our TPT our local sales taxes just for everyone's information if you don't know it's our largest source of Revenue as a town it's about 55% of our total revenues per year um the fourth quarter local sales tax collections came out uh came in at 5.39 million which was $1.2 million more than projected also fourth quarter overall collections wereth $278,000 more than the prior year fourth quarter an increase of 5.4% you'll see at the bottom of your screen that our collections actually slightly decreased from the prior fiscal year but like I mentioned there was some large construction activity on fiscal year 2023 that kind of accounted for that increase in the prior year overall fiscal year 2024 was a strong year of local sales tax revenues that stayed consistent after a large increase two years ago if you see on your screen from fiscal year 22 to 23 it was about a 17% increase in those tax revenues uh two years prior so it's good to see that they're stable uh staying consistent in fiscal year 2024 this bar graph on your screen breaks down that total revenue of 20.5 five million uh by category so as you can see there's different categories construction utilities retail restaurants and bars Real Estate Services and miscellaneous um just some things to note our construction Revenue have shown resilient growth over the past two fiscal years um as you can see on your screen it was right around $2 million a year is what we were bringing in but the last two years we're bringing in closer to three three to three and a half million dollars so there there has been a substantial increase in construction activity in our town utilities and Retail have kind of consistently grown but restaurants and services have started to show a little bit of Contra contraction in fiscal year 2024 those those revenues have gone down a bit and I'll disc those further in my presentation real estate showed continued growth as well but that is the category where we're going to lose a significant amount of that Revenue starting in January in just a few months we're losing a little bit more than half of that Revenue um every fiscal year so I'll talk about that as well and please stop me if you have any questions as we go along retail sales uh the town's fourth quarter retail sales collections came in at 2.78 million which was $190,000 more than projected also fourth quarter overall collections were $24,000 more than the prior year fourth quarter you'll see at the bottom of your screen that our retail collections increased by 1.8% from the prior year while it's positive see growth like I mentioned there are some headwinds within that amount to consider in this category which I'll break down on the next few slides so when we look at retail uh sales taxes if we take out the food sales um we see a little bit of a different picture there was still uh as you see on the bottom of your screen there was still a 1% increase for the full fiscal year and the town collected $8.5 million for that full year compared to the previous year of $8.4 million but if you get down a little bit more into the nitty-gritty and you consider kind of the the micro the microeconomics or the differences within the certain categories within that amount there's also a remote sellers category and as you can see at the bottom of your screen our remote sellers sales tax has gone up quite a bit almost 14% so that's really the Crux of the increases of our retail sales increases if you take out that and the food tax our actual in town uh retail sales taxes have slightly dipped so this may oh yes um what's the purpose of REM of removing those things those items um as far as you know what is the meaning of that I I I actually got a request from a local business person to break that out and thought they thought it might be interesting information and I thought it would be helpful to see that because when I looked at it myself you know it kind of did tell the story that there are more people spending money online there's a little bit less people spending money in in our town so it's important I think for Council and mayor to know in this presentation thank you for the question so as we talked about already uh construction sales tax has been resilient these past two fiscal years as you can see the town collected $782,000 in the fourth quarter of fiscal year 2024 which was $412,000 more than projected and an increase of $224,000 with the same period in the prior year but please keep in mind as I mentioned there were um as you see on the screen there was an audit collection FIS year 23 that was one of the large taxable um activities that happened within construction we also had another large taxable transaction fiscal year 23 so just keep that in mind that that is a bit skewed and fiscal year 24 while not quite as high it went down by 7% compared to fisc year 23 it was still very strong um very resilient as far as compared to the prior years before that how often do we do audits yeah so that's a great question mayor and councel we we contract our sales tax auditor services uh so we we pay a monthly fee to uh over 15 years to to a company that had significant experience working for the Arizona Department of Revenue conducting sales tax audits so they do audits on an ongoing basis um the town's really actually pretty hands-off it's it's them evaluating doing risk assessments they do request information from the town at times about business license information and things of that nature so they can compare to the revenues coming in but they're the ones conducting uh the sales tax Audits and they work through the Arizona Department of Revenue to complete those Audits and then so this Spike how often will we expect that to happen we mayor council we get a few uh sales tax decision uh sales tax odd decisions per year this was a larger one than most some of them can I mean they're random they could be a lot smaller so it just depends on the year and that's all confidential taxpayer information that I can't uh release utilities and Communications it's pretty consistent uh you'll see that it's risen a bit above projections we collected $355,000 in the fourth quarter of last year which is about 57,000 more than projected real estate you'll also see that the real estate tax collections have shown steady increases above projections but this is the category where the town will be losing a significant Revenue stream starting in January in just a few months um which I'll go into on the next slide specifically because of the state's recent elimination of the long-term residential rental sales taxes the town will no longer receive that Revenue um which is more than half of this category in a few months for fiscal year 2024 the town collected about $1.35 million in this category increase of 7.4% from the prior um prior year so I just you know we talked about during the budget season we talked about how much we may be losing I wanted to kind of to provide you the information on the actual revenues we've received the last three fiscal years in this category So within the rental um category we've collected between 540 to $769,000 per year of this Revenue which we'll no longer receive um we've already considered that in our fiscal year 2025 budget that we're in now and we'll also consider that in our fiscal year 2026 budget but it I thought it would' be important to just highlight this information for you almost done restaurants and bars I think it's important just to see this information that our restaurants and bars in town our sales tax revenues have gone down uh fiscal year 2024 was a decrease of 4.3% compared to the prior year so I don't have all the statistics in front of me at this time but essentially there this could be an indication of a slowing economy people eating out less at our restaurants it could be related to restaurant closures that I'm just speculating that this point on on that but something to keep in mind people are eating out less within our town and lastly for sales taxes our services category it's also showing headwinds although the town you'll see that big spike towards the right of your graph we had a big month a couple months ago where we brought in a lot a substantial amount of sales tax revenue in this category um the town actually received less revenues in this category compared to the prior year it went down by 3.2% um so this category is basically Hotel short-term rentals golf Leisure type activities so it could be another indication of a possibly slowing economy people spending less money on on Leisure type activities and that's all I have for sales tax any questions before I finish on state shared revenues thank you madam mayor uh CFO dler um I'm just kind of curious or you know this conflict a little bit of conflicting stuff obviously we're doing very well with the w Fair uh collection um but I'm actually kind of surprised I would have thought because with inflation prices are higher and since we're paying where you know sales tax is a percentage what people pay at the stores it does appear that people are are you know spending or buying less at the stores I mean if you buy a pair of socks a year ago and you only pay a certain percentage on that and then now the socks are more money and you're paying that same percentage you know we're going to collect more sales tax but they're obviously uh buying fewer pairs of socks um but also um it's seems like SDR you know short-term rentals there's a reduction even though now we we can collect that um but that that industry has taken a a pretty much a dive right now so uh it is interesting to see that conflicting information uh I I don't know if there's if there's any other projections on some of these where they're going to go uh or if it's just um you know we're going to kind of wait and see yeah mayor council member uh skill accn that's a good question so uh every around December to January that's part of my responsibility is as doing the projections of revenues for the next fiscal year and so that will be done I provide that to the town manager and then we discuss it during the budget sessions so I'll I'll be sure to highlight some of those projections uh during that time probably in the February to March time frame of next year all right um just real quick State share revenues these always not always but at least since the time I've been here they come in pretty consistently based on projections um our state shared revenue for sales taxes they've come in a little bit higher than projections at 921,000 for this is for the fourth quarter of last year State shared revenues for income taxes also known as Urban Revenue sharing that we collected five 1.58 million compared to projections of 1.6 million herf revenues actually came in a little higher than projected at 55,000 compared to 462,000 projected and vehicle license taxes uh came in at 348,000 a little bit higher than projected and with that are there any other questions councilman thank you Madame mayor uh c dler um I don't know if we could bring up the last couple slides curious about the state shared revenues you know uh currently there's uh a a 1487 investigation which could actually direct the treasure to withhold our state shared re revenues uh is that you know just income tax money or is that sales tax and then Does it include herf you know what does that specifically add up to so mayor council member skill corn I you know for that specific instance I'm not 100% sure which uh which state shared revenues they would consider withholding but what I've seen in the past is they they usually look at the urban Revenue sharing which is that second that second one on the right right there and so right now we're receiving about $5.1 million uh this fiscal year of that revenues um but for the specific instance that you're mentioning I'd have to get back to you on that actually and yeah could you include the rest of the council yes appreciate that thank you any other questions or comments Aaron do you know isn't it does it affect all state shared Revenue I don't know that's something I need to yeah we were just talking about that over here I don't know the answer to that question but I can certainly work with Paul to get back to you yeah I know right kind of think it would but and the um was the flat tax in effect all last year as well or just this year yeah so mayor council it went into effect last year but the that that state revenue is kind of odd it's a kind of a two-year lag because they based on income tax revenues that the state collected two years prior so last year we kind of had a temporary increase and this year we're seeing a decrease going back to almost more steady levels and we're going to see another projected decrease next year before it starts to the state projects it to start stabilizing and starting to go back up as well and it's stabilizing because there's more at you know the the percentage is staying the same so um I was reading something about the flat tax that um once it it's only 2.5% right so 70% of the of that went of the benef if it went to households above 200,000 but I wasn't sure what that meant for cities it seems like it just is going to go lower and if it does go higher it's just because of an automatic of the base amount but not help not helpful as far as the percentage Yeah uh mayor council basically the the state projects it to start increasing because after the effects fully go into place you know how the flat tax brought tax revenues down they're projecting that people basically people are going to and corporations going to start making more money with inflation and and everything else and so then they're going to start seeing an increase after all the effects of the Implement implementation go into effect and just to reiterate the loss of the likely more than 700,000 um because that was going up because rents were going up so the amount was pretty high we we took that into consideration of losing half of that and then next fiscal year we'll lose it all mayor and council members yes uh we're going to consider that we're losing the rest of that we we considered half of it for this fisal year we're going to consider it all gone for next fiscal year we'll also consider the final projections for the decrease in urban Revenue sharing uh which is right now about $500,000 more that the town will probably uh be projected to to lose that's a it's a blow thank you um any other questions or comments thank you sir our next item is call to the public do we have speaker cards yes mayor we do and we also you'll have um as part of your packet you will find some uh online comments that the town has received so first up will be uh Larry Meyers and then second will be to speak will be Blake uh I'm not for sure how to pronounce your last name is it Janelle or Jael thank you you noted noted all right thank you mayor council Larry Meyers resident 43 years I like to take this opportunity to publicly apologize to miss Earl councilwoman elect Miss Earl for my failure to appear at the last council meeting to express my opinion as one of the 4,226 voters who selected missl that should have been rightfully seated early no pun intended inj Theos to the 60 some odd comment cards rounded up by certain members of the council and their clubs opposed to miss Earl's early seating but then as I watched I and 4,226 voters were lectured about left and right thumbs on the scale nonpartisanship serving the people on and on mostly pompus baloney the same lecture then takes to the airwaves to spew an endorsement in the upcoming election in the context of political parties while at the same time preaching nonpartisanship and also dissing the political pact that helped to get elected which is essentially those same 4,226 voters and then some all residents all to be served curious well I for one I'm glad there is no longer any mystery throw open the window let the fresh air in a monom of transparency has returned to this town government and I can only attribute this to a virus that is known as rot derangement syndrome others in Fountain Hills have come down with this virus as with covid masks will not help The Afflicted stay safe rot derangement syndrome may or may not be deadly also as with covid only time will tell and will reveal the final mortality rate thank you for the time hello my name is Blake gel I'm a new town resident I bought up in North Heights uh a year ago June uh I'm here today uh the topic sentence would just be I think the town the community members the people who police it deserve a tool that would be a city ordinance violation for dog off leash we currently we don't have one we have one uh that is a misdemeanor ticket for dog at large uh that's one that is usually reserved for when an owner isn't present it's meant for like somebody who lets their dog roam the neighborhood unattended uh I in August had an issue up in North Heights where a couple of cops were waiting for me at 5:30 in the morning I've I've never had a run in with cops here in this town um they said they were told to go there by their manager to look for a guy with the sco scooter with a dog that runs next to it as a report of a dog at large that was me um about 5:30 in the morning they stopped me my dog sits by the scooter I go talk to him they issue me or uh they said hey hey sorry about this but you know we got to call our supervisor he said give us a call if we run into you I said well hey we're on Sierra Madre it's the only busy street over here I was like do you mind if we just do this at my house over on Elena they said yeah no problem so they just let my dog run next to me on my scooter back to my house about another Mile right we get back the cop comes out of his SUV he gets off the phone he looks at me and he says hey man I'm really sorry about this he goes your dog's a sweetheart he's like she's great no problem he goes but my supervisor says I have to give you a ticket I said hey no worries whatever dog off leash you know I must be in town limits probably a city ordinance ticket he's like yeah no no worries or whatever he's like I'm really sorry about this unfortunately you know back in my day 20 years ago I've gotten a couple misdemeanor tickets for underage drinking no cop has ever let me finish my beer I will say that but um so anyway I I look at the ticket I realize it's a misdemeanor ticket I was like first time ever talking to a found Hills Cop super nice guy called my dog sweetheart very reasonable everything was great there was two cops there and uh I said uh I said won't worry about it so I get inside and I realize it's a misdemeanor ticket it's not an ordinance violation so I have to to go to an arraignment and then I have to go in after I get arraigned again to talk to the town prosecutor for a misdemeanor for a dog off leash right and all along the way I thought well maybe I'll just go talk to the supervisor and see what the real deal here is it's a small town maybe it's just sending a message or whatever go in talk to the night shift supervisor he wasn't the one on duty all the cops thought it was an ordinance violation they didn't realize it was a it was a misdemeanor level ticket I said no I promise you they saidwell the supervisor Saidi call you the next day let me talk to the prosecutor prosecutor told them no he's absolutely right we only have a misdemeanor ticket for you guys to offer that's what happened uh so again the topic sentence is I do believe we deserve a uh city ordinance level dog off leash ticket okay next we have Crystal Kavanaugh and to follow Bart sh good evening Crystal kavanov Fountain Hills resident you acknowledged there were only three meetings left and yet three still refused to seek Gail let's talk about some of the 65 not 67 submitted speaker cards referenced more than once as though important in justifying your no vote most of these orchestrated submitt didn't even give a reason they were just against some made nonpar partisan references while being extremely partisan sort of like the council's political no vote while claiming not wanting to put your finger on the scale some card submitt didn't seem aware Gail Earl had even been elected outright one thought all of the council candidates would still be on the November general election ballot councilwoman McMahon are you paying attention to my call to public excuse me or how about the in-person speaker who referenced being offended by Gail's married son's t-shirt or that his family wore political buttons as so that was a reason not to seek Gail another one stated winning a primary is not the same as actually being elected to a position wrong in Fountain Hills she won outright forces are attempting to turn what should be a nonpartisan Town Council into a council of extremists Gail's no extremist seating a partisan such as Gail Earl will change the Dynamics prematurely Earl ran is a polarizing figure and does not deserve an early swipe at Town policy yet she did win and there were those who were so worried about the voice of the people but were unaware of that 4,226 voices had already elected Gail outright from a field of eight candidates some wanted to just fill the vacancy when we can all vote and not appoint someone one who is Not Elected she was elected the intent is to circumvent the voters of Fountain Hills and install a non-elected political Ally to create an invalid majority on the Town Council democracy works when the voters actually vote and elect an official candidate to the position that was a comment again Gail won outright and the vote was canvased by you so since this council did not appoint the duly elected Gail Earl or a F the vacancy our state representatives utilized s sp1 1487 and filed a complaint with the Attorney General's office yesterday the failure to fill the vacancy could result in Fountain Hills losing some State shared revenues if not re rectified and for the record I did not initiate or request that in any way but thank you state reps Joseph chaplick and Alex cidan for doing so thank you evening mayor vice mayor council members City attorney Town attorney Rachel's not here um June I call to a meeting for quote unquote update the town of Fountain Hills on my projects it's been a miserable three-year process on those since we originally were financed to do this we timed out the development agreement killed that financing then we went ahead and set it up two more times killed that so in June I get called to a meeting for an update on where we're at blinds side I asked what the agenda was in the meeting multiple times was never told of an agenda got here was blindsided and then blackmailed into signing off my rights under my stopple which I had which had had sent to the new round of financing which the town would not confirm with the new financing till I met with them and then they removed the estole ironically after they removed the estole they told the new finance company that I didn't have an aop after i' had already sent it to them round three financing gone so I'm blackmailed into this signing this document came back to here about two weeks ago about a week ago and I asked for my stop will be reinstated I don't want to go through litigation I don't like doing litigation against this town if you didn't hear earlier I put a lot of money into this town doing it freely of my own free will including the October Fest that just went off 2000 bucks on that and they parked on my property to go do it all of that being said I came to council mayor vice mayor Mr Fidel was there council member fidell was there the town attorney was there they said hey I don't want to to get into this whole prop 207 I don't want to make you guys liable for this I don't want to get another lawsuit could you just reinstate my asole give me my rights back because under the law yeah I had them and you took them away I know the town attorney doesn't believe that I lost them but I my attorneys all du it's about $24 million that the town just became liable for because we decided we didn't want to give me my rights back because why because somebody in staff decided I didn't fulfill some of the obligations inside the development agreement that's inaccurate he said so in court that he has no concept of when it starts and the only reason they weren't fulfilled is because he decided not to Grant permits ever so please reinstate my estole please do that before I give a notice a claim and it's going to be in excess of $23 million to the town of Fountain Hills and I know the town attorney doesn't believe it's real well I guess we'll find out in court thank you last we have Ed sza good evening mayor Town Council staff Aaron um I hope everybody had a great summer and I just got back into town after being gone on for about almost two months and I was able to watch each and every one of you each and every time and also to listen to a bunch of people reporting on what has happened in this uh chamber um in these four walls boy it's just amazing I I am absolutely in shock I tried to explain to people what your actions were and who you were and I found myself just absolutely it was unbelievable trying to describe how each and every one of you make your decisions I just want to say thank you to Hannah Jerry and certainly Allan for trying to bring some sort of common sense to the decision making that's been done over the past couple months and just like one of uh uh somebody else had just said you know I'm watching Peggy MCM right now absolutely not pay attention while every one of you have your eyes focused in listening to what's going on the arrogance level is appalling the narcissism that three of you up there have created within our town you are to blame for and all your followers that are writing stuff not only online but out there talking about you guys have caused your own problems I took time to go to your civility meeting last uh the last one you had and let me tell you something you are more than hypocritical it's it's appalling what you tried to push in that meeting and for you to sit up here and preach you guys are supposed to be representing the residents and you haven't done that you haven't done that I'm sorry these three are listening Hannah Jerry and Allan and right wrong or indifferent how it's presented to the actual public I'll tell you what it's time for a change you guys it would be nice for you gracefully to step down jnie you've served the town well but it's time so it's time for a change and Brenda I I there's no words for what has happened with you I I I don't know what to say without absolutely not understanding what collectively or the three of you have come up with and but it's not representing the constituents that you that elected you and it's wrong it's wrong so thank you that is it mayor no more cards thanks Angela our next item is our can I ask a question oh yeah Erin uh and maybe assistant uh stepping in town manager is there something we can do on the dog off off leash ordinance to get that gentleman rectified mayor and councel that there is um I was taking a look at the ordinance section so maybe some of the confusion is that that it is a city ordinance the prescribed penalty is a misdemeanor so it may just be something as simple as changing the prescribed penalty um to make it default to a civil instead of instead of a criminal so how do we get a hold of him to that's up to the mayor um okay thank you so much thank you I'm Amy and I am a dog behavioralist and um I have to say something about that ordinance I don't it's not really very clear but if you need a second an eighth a thousand person to vote on this you've got my vote on that because dog bites are really unfortunate and they're not to children they're not to mail men but they're to people being attacked because number one reason our dogs are not able to be called back by their owner we're very lucky he's able to have a dog so well trained you have three owners one dog that's so well trained they wouldn't do anything without their Master saying go the other one is a dog pulling you we've seen all that going on well the other one's kind of well let me make a choice but the fact that he was able to control his dog I applaud him on that but let's just get that ordinance taken care of because a dog bite is a $99,000 fee that's to be one it's under law Mr arson can look it up it's a very popular lawsuit maybe it's 12,000 but it's so so important in my neighborhood we have eight people who lead their dogs without a leash um and it's really very sad because I have to watch for my dogs and it's not appropriate so the sooner we can get that posted appreciate it sure and I think part of the question with it is too is like what's off off leash versus you know on uh what was the dog at large at large dog at large yeah so is there a way for us to get a hold of him and get that straightened out do you think okay all right thank you m I don't think uh an ordinance CH to be retroactive but I think the intent could be clear from our prosecution side thanks and I also um forgot to ask if anybody wanted to respond to any of the comments in call to the question I mean call the public wishful thinking thank you Mr that's very considerate I appreciate that just say a couple very brief words regarding this 1487 action um Alex Cen did call me before they filed it and I did a review of it um that's going nowhere it's um we have a reason Reas amount of time to fill that seat but the thing I did want to call the attention to is the last Town council meeting the only person on this Das that wanted to fill the seat and reached out to former Community leaders and trusted Business Leaders to to put somebody in the seat that I was hoping to get a 6L vote on I was vilified by um councilwoman to and councilman fedell claiming that I was going behind the back of this Council I was doing my job had they followed my lead um they would have never filed the 1487 action because we would have been pursuing which I was doing because that is my job it is my job Jerry because it's a job of the council so anyway that's what I wanted to State I was mentioned by name so I'll be responding to that the reality is is that Gail Earl won the election in the primary you're getting a lot thrown in your face to distract you but the reality is is that council member calvan nois voted no to fill the seat were there interviews to potentially bring someone who had not been chosen by the people allegedly and and council member calanis claims that that person was never brought forward to this Council I was never aware who that person even is they were not brought up in a motion the decision of this Council was to leave the seat vacant period it's the council's role not yours Brenda and if and there's a process for that and it's called the interview and applicants none of us knew anybody how many people did you talk to we don't even know so it's the council's role not you as an individual but I am on the council Jerry and it is my role and I was doing my my job I'm sorry we're we're going to have to agree to disagree because it's the role of the council not you as an individual if simply doing your job we would know who that person was so we do have a pro we have several processes for um filling vacancies including not filling one and um that's what happened at the meeting anybody could have said well let's do an interview process or put out a request for interest um there was an article from 2018 that I just looked up which had all six times this ever happened I don't know if ever but six times that it happened fairly recently and in some cases we did put out had people come had public um even had a public uh you know form kind of a thing obviously there was a little bit more time and just for the record um when I was when I was appointed I had one in the we did the March and May elections in those years and um I had one in the March the three people had won straight out so that was um decided but the the key to the 1487 part of it is that that was a vacany for almost a year and now Senator Kavanaugh was on that same Council that didn't fill that vacancy from May of 2005 until April 2006 so it's always been something that we were able to do is to not fill a vacancy so um and we've done it different ways we had we when we appointed count when we appointed councilman uh uh kavanau and I think Jerry we those were after elections that weren't successful when we appointed um oh I'm forgetting but anyway we've done it where people have won we've done it where people didn't win we've done it opened up to the whole community and we've left them vacant for a year so we've done it all and um I just want to set that straight because of this 1487 discussion going on may I ask a question yes was that ever after a primary when we have someone who's about to fill the seat have we ever left a vacancy after an election where someone is due to fill the seat I don't know I would have to check but um doesn't really matter you you don't know that but and again if you want and and not to put a big focus on you but you know 4,000 votes we had an election 10,000 people voted some of us re take things differently and that's what happened um and and and we only have a couple more meetings to go and I think we'll be fine anyway let's move on to the consent agenda please um can I get a motion so move to approve second uh roll call please council member toad I council member fidell I council member skillcorn yes council member McMahon I vice mayor calakas I mayor dicki I thank you yeah thanks I'm sorry cut you off our first regular agenda item is a Services agreement um about the washes and Justin thank you Madame mayor council members wash maintenance in one form or another began shortly after Incorporation as the town has moved forward with technology and other Innovations so has the wash maintenance there are a few things that have remained standard in the beginning the intent was that they would maintain the areas where we had under Road Crossings or over the road lowf flow Crossings to keep material and sediment out of those areas to prevent any flooding issues there there have been a couple of minor changes to that included but not limited to the eradication or the attempt to eradicate non-native species primarily all the different species of palm trees and another one that is a challenge is salt Cedar taking all of that information into consideration we in the past the town had three different types of contracts Rel related to washes Andor drainage slivers Andor dams staff has not been before the council in approximately eight years to discuss wash maintenance contracts because there was a long-term 5-year contract and then there was some issues related to that agreement the pandemic affected that and coming out on the other end we simply had to terminate the agreement during that time frame staff worked with the town management legal counsel stakeholders and developed a plan that would allow us to bring all of the three different types of drainage wash and Dam maintenance together for one contract that's what we are here to discuss tonight I've put together just a short PowerPoint to point out a few things it's important to note that wash maintenance is not come in and clearcut everything and remove all of the vegetation native native or non-native or invasive species the intent of wash maintenance which can be viewed in the ordinance referenced in this in the staff report is to ensure that we have adequate drainage primarily and also mitigation measures related to the potential or the possibility of wildfires we're going to spend just a moment to discuss fires the direction from the chief in the back of this room and the fire marshal is that we help to eliminate or minimize ladder fuels lad fuels are the shorter more combustible um Organics that are near the the surface of the wash that allow a fire to spread quickly and then they STI They you those latter F fuels use wind to climb the trees and stuff like that obviously and rage out of control this is a map of all the town-owned washes that we are responsible for doing maintenance in it should be noted there are several washes within the town limits that are privately owned by homeowners associations neighborhood associations Andor golf courses we are not responsible for any of the maintenance related of that but we certainly share our expertise as does the fire department share theirs thank you madam mayor uh director is the color coding does that have any significance initially it did what it's a what it's primarily doing is identifying locations where we would have gone and worked in the past and considered that a single project it also helps to identify the named wash in that area as you can see we have a just over 200 Acres of washes that's a considerable amount of open space to maintain giving everybody just a moment to look at that map before we move on this right here is a graph that we developed with support from the fire chief and the fire marshal and the reason we're showing this tonight is over the past several months but certainly over the past few years people call and are share their concerns related to the fire dangers and materials that are growing in the wash this right here shows the defensible space a defensible space is 30 ft from the inhabited dwelling there's some miscommunication related to 30 ft from the fence or 30 ft from the front set back or the back set back no in fact it's 30 ft from from the um the dwelling the occupied dwelling when we come in and do wash maintenance if there are materials that are hanging over back walls and fences that are actually on the town's property we will take some measures to eliminate those but often times we don't we also do not clean clut or remove the majority of the material that is on the slopes the primary reason for that is we need that vegetation in those trees to help stabilize the slopes for not only runoff in the channels but runoff from adjacent properties this particular item is budgeted and this is just a little clip from the town's adopted budget which is online this is funded from the environmental fund this is the last year that the environmental fund will actually be identified as that next year the majority of it if not all of it will move to Public Works and each of the segments Andor projects or Associated fees from the environmental fund will become a separate supplemental ask from the public works department to initially the town manager and eventually the mayor and Council we have a considerable amount of money in here just for this purpose not only for wash maintenance it also handles all of our other environmental requirements that are mandated either by the state or the county it also helps us to support our um household hazardous waste event and our electronics recycling event with that if there are any questions I will do my best to provide an answer thank you I'm going to ask if we have any speaker cards first uh mayor the town received uh one written comment with a position four okay thank you sure questions for this item councilman thank you madam mayor um director that I don't know if you saw that written comment have been mentioned um you know fire and um you know invasive species I know specifically we're not just looking for evasive species um but that's something I don't want to add to the scope of this but that's something that we also should communicate to the to the vendor is that part of this you know invasive species a lot of times are the foundable ones something we want to you know be aware of and try to eliminate as much as we can uh without changing the scope of the contract Madam mayor council member that is clearly spelled out in the scope of work it was included in the scope that was released in the bid and it's also in the contract document and the agreement related to that I think it's important to noted note and that was a that was a good question that town staff will be monitoring the activities of this wash maintenance every day and this is not a yearr round activity because of the environment that we live in washes often times have creatures and snakes and other things in them that are very very active during the summertime and can be easily startled often times if you're walking in one of the washes you may not be able to see 3 or 4 feet maybe 10 ft in front of you imagine if chainsaws and chippers and stuff are running you also cannot hear so it's typically around October oober November until March or April occasionally will go into may but very rarely it's all dependent on temperature so it's a it's a partye project you're welcome I'd like to move approval of Professional Services agreement 20 25-30 with top Leaf Services the amount of 210 sorry second thank you a roll call please council member fidal I council member skillcorn yes council member McMahon I council member to I vice mayor cavanas I mayor dicki I motion passes thank you thank you um our next item is I'm assuming Chief a to come talk about an agreement with the town of Gilbert good evening again mayor and counsel I'm usually used to Rachel kind of giving a little background in there but I'll take it from here um we've got a uh before he's an IGA with the town of Gilbert for the use of their uh public safety training facility which is uh a fairly new facility it's kind of state-of-the-art it's big it was uh when Paul mood was here his buddy was running the project and I got updates from him quite frequently on it it's a it's a beautiful uh facility and this IG allows us to uh go down and train uh part of our Regional training U options it will also afford the uh option to be able to run people uh candidates that we have through a new um Regional fire training academy when that time comes when we start hiring new employees it'll also open up uh medic school training for us as well as just other day-to-day uh training at their facility uh it's kind of one of those pieces that needs to be in place so that we can be on their property and um have our people there taking advantage of the good quality training that's provided there so the the cost for additional training is is if we were sending a recruit to a fire academy is in line with the other um Regional training facilities uh this is we'll have one more IGA for training coming to you and that will be with the city of Scott state s uh this month I believe they're opening their revamped training facility which is down off the 101 and uh basically scottd road kind of in that area uh again it's they've done a marvelous job on that it's going to afford a lot of opportunities to us um so we've got things that are relatively close to us with the Mesa facility the Gilbert facility grip stick from Glendale which we signed an IGA earlier this year on is a little bit farther but they also have good quality training that sometimes it's only available at those facilities so um we are looking to get this one uh signed in in the book and we're winding down on on the um agreements in in igas with the our local municipalities to kind of keep us rolling and and keep all our opportunities open for us so I would appreciate you thank you do we have any speaker cards no we do not thank you um um let's see who's first here councilwoman I'm just going to make a motion to approve thank you second thank you roll call please council member skillcorn yes council member McMahon I council member to I council member fidell yes vice mayor calanas hi mayor dicki I motion passes six to zero thank you thanks Chief next two items are related um and I think Angela might be be calling on you for this yeah yes yes mayor and councel um as you know Rachel Goodwin is unable to be here tonight so she asked me to Pitch hit on this particular item so um as many of you may not know the sister cities advisory uh commission was formed in 2016 and it was formed in an advisory capacity just to support the Fountain Hill sister cities Corporation um over time um our locally based sister city Corporation has taken on most of the program's operational responsibilities um effectively they're overseeing the day-to-day operations and strategic direction of the sister City's program so the role of the commission has become largely redundant so on Wednesday um on Wednesday September 18th the cister city commission voted unanimously to approve the sunset of the body and and one reason why is because many of the members serve both as Commissioners and on the corporation board and they do supporting of the streamlining efforts so um the town will Contin continue to support the efforts of sister cities meet regularly with the governing board and and continue to maintain those close relations with the corporation and our sister cities around the globe so any questions sounds good to me do we have any speaker cards no we do not thank you I just want to point out that we thank Zaron Caldwell well Lisa ruchia and Bev tall who are the remaining members there were four vacancies and we want to thank them for their service and I think we'll be doing something at our next meeting um for them and uh could I get a motion yeah motion to adopt resolution 202 24-39 second thank you roll call council member McMahon I council member to I council member fidal I council member skilar yes vice mayor kakas hi mayor dicki I motion passes 6 to zero thank you do did we need a further explanation of the next item it's just basically taking it off of the books correct do we have any speaker cards on that we do not okay does anybody have any questions councilman skillcorn I was just going to make a motion to approve mayor second thank you roll call please council member McMahon I council member to I council member fidell I uh vice mayor Cabanas hi council member skellorn yes mayor dicki I motion pass is six to zero thank you thank you there's going to be a an event on the 12th of October um so if you're interested in looking that's going to be for all three sister cities and it's at Fountain hillister cities.org you can get the information for that um I think so we talked about the offleash thing so um I don't think there was anything else yes Hannah uh considering the new information of the complaint and potential investigation by the Attorney General I would like the council to reconsider filling the vacancy in order to not risk losing State shared funds I have to have to ask Aaron about that because is that considered a reconsideration of a of a vote yeah so the reconsideration the time for that at least for reconsideration of the item proper um can't happen what we can do as an alternative and this is up to the council to decide whether you want to have it or not is to obtain advice in Council and executive session for one what your options are because that would be clear legal advice that you might want in light of this um and potentially agendize that for action direct staff so that would be my suggestion okay to be clear the reconsideration that doesn't matter with new information such as a a legal threat well I mean if the council wants to take that step after getting advice in councel then sure I'm just I'm just telling you that absent the council learning you know what I mean what your options are that' be my suggestion okay okay I'm for it okay do I need a second no we can do that we'll do we have an I think we have an executive session already for that night so we can just add this I think we can c can you give me one second yeah sure yes yes what no yes we have an executive session that night and we could and we can add this okay councilman did you have some Madame mayor just a clarification are we you know obviously there'll be executive session but are we going to add that as an agenda so we're so at least we're adding the executive session if you want to put on trying to think of how to do this because we the rules say that you have motion ability to reconsider it has to be done one within a certain period of time and two it has to be someone who you know voted to the contrary position wanting to change their minds to reconsider it right that's in our rules so that's what I'm I'm trying to make a way that we can one talk about it in E session and if there's direction to be given to staff as a result of that to have a public agenda item for that purpose is that what your question is councilman well Madam mayor attorney um is that specifically laid out in our rules that it has to be reconsider or is that I mean can it be considered a new agenda item no it's it's it's specifically laid out how motions for reconsideration work so I suppose the question would be is anyone who voted in that way willing to reconsider Aon um I may just do a point of order um the the time to do a motion to reconsider has lapsed it has the yes it has lapsed I think we can have an executive session to discuss the um 1487 and then we could put something on the agenda that would we'll figure out how to put the work in but that would be possible action related to what we hear at the that would be that that's what I'm trying to get at right is that if you're going to if if we have a discussion in executive session and it's hey here are your legal options in light of a 1487 complaint or whatever it is right your options are a b and c and then there's direction from the council which frankly I would recommend that direction be given in a public meeting right so that we can all be on the same page about exactly what's happening then we can have that be an agenda item and we can proceed accordingly that's what I that's that's what I'm trying to get at I'm not trying to mince words or talk around the issue I I don't know exactly how to word it otherwise until we know what direction is going to be given and then we say Direction and possible action regarding subject matter discussed in executive session then I suppose my original statement slightly changed yeah still stands that I would like for an agenda item on the next regular agenda following our executive session as long as it's not the same thing we can't bring it back for reconsideration it has to be something that comes to light if it's different then then that's a different story if it's the same it can't just be it can't be repeated again because that's the whole point right also on reconsideration okay also given what you said it has to be from someone who opposed it no not if it's a different agenda item okay so it's we have to go we're going into an executive session first to discuss it correct yes thank you uh and and Madame mayor there is another Avenue is that the this council could vote to change that role yep and that'll just be a simple majority uh so and I don't want to risk 5.1 million at all uh so that's something that I mean we have another nine days or whatever before we make that decision but I think that that we should have that discussion I don't think the the vote for rec consideration is a local ordinance isn't that something that's true everywhere you can't have something reconsidered unless you were on the prevailing side yeah it has to well if we follow Robert's Rules and whatever the list of parliamentarian things is in our code then yes it's that's that's what we do right because otherwise someone who voted against or in the negative can be the one to just Advance any agenda item right and keep bringing it back I think we all get what we want to try to do here so we're good anything else thank you we're adjourned