Fountainhills · 2024-03-06 · case details pending
FOUNTAIN HILLS, ARIZONA — March 6, 2024

Fountainhills · 2024-03-06 · case details pending

Fountain Hills town council meeting with contentious Target Center high-density development approval fallout, public records transparency concerns, organized crime briefing, and ethics sanctions against Allen Skillicorn.


Fountain Hills Council Faces Public Records Gap on Target Center Parking Agreement, Postpones Ethics Sanctions Hearing

The Fountain Hills town council meeting on March 6, 2024, revealed a significant public records discrepancy tied to the January approval of Sandor's Target Center high-density redevelopment—a document town staff says does not exist despite Brenda J. Kalivianakis referencing it during the original vote. The discovery prompted public calls for greater document retention and raised questions about whether council members consulted independently with the developer outside the public record. The council also agreed to schedule disciplinary proceedings against Allen Skillicorn in executive session on March 19 after a procedural dispute over whether such hearings should occur in open or closed session, and heard a detailed briefing from law enforcement on a 1,000-member South American organized theft ring responsible for 111 burglaries across the valley.

Key Speeches

"This is troubling for a couple of reasons. First, it suggests that Brenda J. Kalivianakis was in fact consulting independently with the developer, something she denied doing at the January meeting. Second, by not securing a copy of this document for the town's records, it could be a problem in two to three years for homeowners and businesses, particularly those behind the Target property if this high-density apartment building gets developed and there are parking issues." — Liz Gildersleeve, Fountain Hills resident

"I appreciate your concern about the parking in the Sandor project. Just for the record, I received that request two days ago. Of course, I told everyone here I was having surgery and preparing for this council meeting, and so that was something I was going to address. But I think if you're going to be reasonable, you have to give me more than two days to do a records request. The document does exist, and it'll be forwarded in normal and appropriate fashion." — Brenda J. Kalivianakis

"We need to vote all of you out. You've betrayed us." — William Ray, Fountain Hills resident, on the Target Center approval

"What you did was incorrect, at least in the process. You should have taken the time, we've all said this to you, and you should have been more informative of the public. Your own Planning and Zoning Commission told you exactly what to ask, and you never—not one of you—asked any of the questions. It's appalling and insulting, and should be insulting to the residents of Fountain Hills." — Edza, Fountain Hills resident, on the Target Center vote

"In our rules of procedure, which we just re-adopted on September 6th, 2023, page 32, section 10 point 4, it says right in our rules of procedure that once the review investigation is concluded, the outside council will provide the town attorney with a determination whether the complaint is sustained or not sustained. If the complaint is sustained, which is the case here, the town attorney will schedule an executive session for review and enforcement by the Town Council. It does not say anywhere in our rules of procedure that this should be done in an open session." — Council Member Jerry Ferell, raising procedural objection to open-session Allen Skillicorn ethics discussion

Timeline

Target Center Development & Public Records Issue

Church Property Land Split & Easement Abandonment (Consent Agenda Item 8C)

Ethics Sanctions Against Allen Skillicorn

Public Safety Briefing: South American Theft Ring

Consent Agenda & Other Votes

Opposition

Number of speakers: Three residents spoke against the Target Center approval (Liz Gildersleeve, William Ray, Edza).

Main concerns:

  1. Rushed approval process in January; insufficient time for public input and deliberation.
  2. Council ignored Planning & Zoning Commission recommendations; no questions asked by council members about key issues.
  3. Missing documentation: parking agreement cited by Brenda J. Kalivianakis not in town records; raises questions about independent developer consultation and future dispute resolution.
  4. Lack of transparency: council decisions made without adequate public input despite repeated calls for deliberation.
  5. Infill and commercial neglect: criticism that Sandor purposely left commercial spaces vacant (KFC building, others) at high prices to deteriorate the center, justifying the high-density redevelopment.
  6. Calls for council recall: "We need to vote all of you out. You've betrayed us."
  7. Concern that council prioritizes developer interests over resident interests.

Most compelling arguments:

Organized groups: No formal organizations identified; however, evidence of coordinated community opposition and potential recall organizing.

Support

Number of speakers: None spoke in favor of the Target Center or the council's Target Center vote during public comment.

Staff support: Town planning/development staff presented the land split and easement abandonment applications as routine administrative matters tied to the development.

Project Details

Target Center High-Density Redevelopment (Sandor)

Land Split Application (Church Property)

Vote Breakdown

Consent Agenda Item 8B

Consent Agenda Item 8C (Church Easement Abandonment)

Motion to Table Meeting Minutes (Item 8A) to March 19

Public Hearing Continuation—Dispensary Hours Extension

Motion to Go Into Executive Session for Legal Advice (Skillcorn Ethics)

Motion to Continue Skillcorn Ethics Sanctions Item Until March 19

Outcome & Next Steps

Target Center Development:

Skillcorn Ethics Sanctions:

Dispensary Hours Extension:

Public Safety / South American Theft Ring:

Controversies & Context

Target Center Redevelopment Approval (January 2024) Fallout

The January approval of Sandor's high-density apartment development at the Target Center property has generated sustained public opposition. Residents and council critics allege the approval process was rushed (limited public notice), ignored Planning & Zoning Commission recommendations (council members failed to ask recommended questions), and lacked transparency. The March 6 revelation that a parking agreement document cited during the January vote is not in town records has amplified concerns about compliance and independent developer consultation. Public commenters called for council recall.

Public Records / Transparency Issue

Council Member Calvanakis stated during the January meeting that she had reviewed a parking agreement document from Sandor/Target Center. When resident Liz Gildersleeve requested a copy via public records request, Town Clerk Linda Menall reported the document does not exist in town records. Calvanakis asserted March 6 that the document does exist and will be provided "in normal and appropriate fashion," but the delay and initial unavailability raised questions about whether town procedures for document retention and council-developer communication need strengthening.

Ethics Complaint Against Allen Skillicorn

A sustained ethics violation complaint against Allen Skillicorn was scheduled for March 19. Procedural conflict arose when Council Member Jerry Ferell cited the town's own Rules of Procedure (September 6, 2023, page 32, section 10.4), which mandate that sustained ethics cases must be handled in executive session, not open session. The council compromised by moving the legal advice discussion to executive session March 19, followed by a public action item for the discipline itself, allowing the public to observe the council's disciplinary decision while keeping deliberations and legal strategy confidential.

State Legislative Preemption Concerns

Mayor Dicky and Brenda J. Kalivianakis flagged a pending Arizona state bill allowing 25 homes per acre statewide residential density, which could override local zoning authority. The council encouraged residents to monitor state legislation, noting that passage could significantly constrain Fountain Hills's ability to manage density and development. The Target Center controversy has heightened sensitivity to such state preemption.

South American Organized Theft Ring (Public Safety Context)

Captain Larry's briefing on the 1,000-member South American theft ring responsible for 111 valley burglaries ($3 million stolen) provided regional crime context. Fountain Hills has not been hit yet, but neighboring Scottsdale and Paradise Valley have been targeted. The briefing prompted council discussion of HOA coordination, resident education, and the need for MCSO coordination on anti-crime messaging. One Fountain Hills resident was recently targeted in an incident not believed to match the ring's MO, but investigation is ongoing.

Duration

Other Notable Items

American Red Cross Proclamation: Mayor Dicky proclaimed March 2024 as Red Cross Month and illuminated the town fountain in red. Jim Olsen, Red Cross board member, spoke to the public and noted that the Red Cross responds to approximately three home fires daily in Maricopa County and relies on 95% volunteer staffing. [Brief item, 10 minutes.]

State Legislative Update—High Density Housing Bill: Brenda J. Kalivianakis reported that the Arizona legislature is considering a bill allowing 25 homes per acre residential density statewide, which could preempt local zoning authority. She urged residents and "watchdogs" in the audience to monitor state legislation, as such bills could significantly affect Fountain Hills's development control. [Noted within council reports; tied to Target Center context.]

Civility Seminar Scheduled for March 21: Fountain Hills Cares and the town are hosting an educational seminar on civility, featuring Arizona State University faculty member Evan Low, PhD, and Independent Newspapers editor-in-chief Patrick O'Grady. The seminar is meant to promote dialogue rather than accusation, addressing broader national concerns about civil discourse. [Brief announcement by Mayor Dicky and council members; ~5 minutes.]

View source transcript ▼

Source: March 5, 2024 Town Council Meeting — March 6, 2024. Auto-generated YouTube transcript; may contain transcription errors.

even everyone please stand for the pledge and remain standing if you choose for the invocation of the United States of America and to the for it stands God indivisible andice for all thank you Karen Henner hi hi Father God thank you so much for every person here invested in our community we pray an extra blessing for integrity respect honesty and some good dialogue that promotes our community with safety and prosperity thank you amen thank you roll call please mayor Dicky here vice mayor calanas present council member Fidel present council member McMahon here council member gzowski present council member to present council member skillcorn here anyone wishing to address the council regarding items listed on the agenda or under call to 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 item when your name is called please approach the podium speak into the microphone state your name for the public record and where the city you're Loc located please limit your comments to 3 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 and thank you and yes you said vice mayor so I want to thank Sharon for her service as our vice mayor for the last eight months and uh thank you for doing that so well and welcome our Our Mysterious uh vice mayor tonight we got to keep the the light out of your eyes for a while um and uh welcome to getting copied on all my emails now so um I wanted to mention our um one of the presentation items listed was 6B and that's not going to proceed we have been informed that the petitioners are challenging this matter in court so generally the town won't comment on pending litigation matter so we won't be discussing this tonight but we will have more on that later um thanks so we'll start with our um our reports and activities we'll start with our town manager please mayor council residents thanks for being here um I just wanted to do a quick update as I usually do to mention um the events that we've had going on as well as the events that are coming up um last weekend we hosted uh the memorial dis golf event down at uh Fountain Park it's always a really really highis event it's a fun event it's really different to see our disc golfers out there in the dis Golf Community um for those of you that don't know um which I learned the dis Golf Community uh references playing here at Fountain Hills and in Fountain Park as the Pebble Beach of disc golf so that's High High Praise um we also had the mountain to Fountain um which is a road race um that begins up at McDow Mountain Regional Park and runs down to the Fountain um again beautiful morning for it um several hundred Runners out out there so that was great uh this weekend we will be hosting the Kite Festival down at the park um which is again a very beautiful um hopefully there's a little breeze not super windy but just enough for some great kites um there's also the watch and clock event going on at our community center so again no shortage of activities here in Fountain Hills thank you thank you mayor I have no report this week but hi everybody we had a really successful Art Fair two weekends ago I've lost concept of time because the whole retreat in between the things every time I went I swear I felt like there was more people than I've ever seen at uh our art fair weekend so that was very exciting to see hopefully we had some successful artists as well and then the only other Council related thing was the retreat that we all participated in last week thank you thank you mayor I too was down at the disc golf and heard nothing but glowing comments about how great the course is and uh yes there's water so there's a challenge there but uh um I'm sure we'll find a few discs uh when we replace that liner um and as you mentioned the Kite Festival is coming up uh Brenda C Vian akas and I uh sat in on a couple of discussions with Town staff helping get that organized and so that was uh that was well worthwhile so we'll see how that turns out this year excited to see that as well um I want to mention that um I spent a several hours with our town staff and a dog down at our dog park this past couple of weeks and I want to compliment Kevin Snipes and his uh Team you know we've got a great facility there that dog park is really well recognized in the dog community and they've got several other projects on tap that uh that they're going to do to enhance some things down at the dog park so again it's uh it's I think it's one of the best in the County isn't it uh Kevin pretty much yeah so um and then one other thing uh I'll bring up to tonight um mayor if I if I can is um I talked to a uh our town manager a little bit about this um there's been a lot of chatter and a lot of comments on social media about the uh the robberies going on over in uh Scottdale and the reason I'm bringing this up is because I'd like to see the town issue some kind of a press release or update our residents not trying to scare anybody but to give people uh Empower our residents and give them some knowledge as to what they can do uh maybe to secure their properties and their valuables a little bit more I know Captain kratzer is going to be giving an update tonight so maybe he can work that into into his update a little bit as to what's going on and uh Rachel I have been reached out to by one of the HOAs in town so I'll give you that contact information so we can get them involved in this as well I think it's important to let the residents know what's going on with the crime in surrounding areas that may spill over here because there was actually a robbery here in Fountain Hills as well so um again it's it's it's dealing with uh people coming across the border uh there's been a lot of activity in Scottsdale I know they're on top of it they're doing extra patrols and that sort of thing so maybe there's something we can do uh on the town level to uh support that effort and get the word out to our residents and let them know what's going on here that's all I have mayor thank you thanks thank you good evening everybody um I attended the um Valley Metro board meeting to represent our town as far as um our valleywide infrastructure and Light Rail is and also I wanted to remind everybody that this Thursday as part of the dementia friendly um committee we are having an educational hour and a half Forum on how to afford to care for a person with cognitive impairment and dementia and also Fountain Hills cares presents we're going to be having on March 21st from 4:30 to 6 6 p.m.

at the community center and in seminar on civility in Fountain Hills it's a discussion worth having in our town so that is why we're doing it thank you very much you mayor thank you m mayor um yeah thanks everybody for coming out another just wonderful attendance tonight and for all you people on YouTube live streaming thank you and of course for all you people that came here in person it's most appreciated um it's that's how good government is made by citizen participation just to explain just briefly these glasses are not meant as a sign of disrespect to anybody in the room I'm fresh off of ice surgery and the doctor recommended I don't come to the meeting tonight I didn't think I wanted to do that so he said you can either come as a pirate or a rock star I chose a rockstar and so uh yeah I didn't think the pirate was going to be a real good look and so but anyway so that's the explanation ex pardon me for having to wear these tonight um I also did go to the Fountain Hills find Arts Festival it was I I don't know if we have numbers but it just seemed like it was just bursting at the seam there was so many people there everybody seemed to be carrying things and so happy um a big thanks to our town staff to the Maricopa County Sheriff's Department to the Rotary Club and to the Chamber of Commerce for putting that on it I can't imagine the work that it took to put that on so thanks everybody for making just a spectacular event um again we attended the the council Retreat um with within the past two weeks and and just so you guys know um we we did have more of an attendance this year than than normal but you know when when we talk about big projects coming in the future like maybe the Target Center and other things they usually start out at these Retreats and unfortunately people don't attend these things and so we have unlike tonight there's just a few scattered people in the audience and of course Bob Burns and uh if you want to know what's going on and what's coming down the pike you know that's when we plant the seeds you know you you want to see the tree but the seeds are planted in these Retreats so I really strongly encourage you to to come or at least to read the agenda so you know what's coming up in the future Council meetings it's really important uh for you guys to know what's going on also um we attended ribbon cutting um for Linda Murray and the lion soube realy um congratulations to them um like what the um Vice or former vice mayor said um with the Fountain Hills car's meeting is going to be on March 21st um Evan low PhD is a facility member at Arizona State University school for civil and economic thought and Leadership he will be one of the presenters and also Patrick ogrady is editor and chief for the independent newspapers he will provide an overview of the civility pledge and how in many cases the lack of Civility discussions occurring not just here but all across the country and so I know a lot of some people ask about the civility pledge in the newspaper so they'll be here to explain that and um this this event was not meant to marginalize or minimize anybody it was it was simply meant to try to bring people together so we can talk uh to each other not at each other and know we can be more civil with each other and I think we all want that in Fountain Hills and so um I encourage everybody to go there um the last thing well I wanted to also appreciate Jerry for the mentioning the dog park and all all the work that's been done and all the work that Jerry's been doing and our town staff the mayor uh Rachel and Kevin um you know we are proud of that dog park and and it does it takes a lot of work though and a lot of coordination with adg um the the last thing is the legislative update that we we go to on Monday mornings um of particular interest this week was um high density housing in this state and um the legislature right now is discussing doing um residential high density housing 25 homes per acre and so if if that is a concept that you don't like high density housing I know we have a lot of Watchdogs in this room and a lot of concern over that in our community the state might be taking that away from us and with where the developers can do that by R so if you're a watchdog and you want to look out for this town um you know turn your SES to the state legislature too because there's a lot of things going on there that are going to affect this town and and not in a good way so anyway thank you very much I appreciate it thank you madam mayor uh so uh where do I again I actually everyone kind of talked about the the fair quite a bit so I want to point out that the volunteers the people that made it happen the rotary uh all those organizations there was so much work yet they cleaned up so fast so Monday morning you couldn't even tell the fair wasn't there I mean you didn't even see the blades of grass Disturbed it was really impressive to see how uh one the volunteers cleaned up but also staff cleaned everything up and that road was open and Avenue fountains was open for normal business again uh bright and early at sunrise uh so that was really impressive to see I also had opportunity to see a little bit of the frisbee golf uh it was kind of neat to see them kind of setting up at the the same time so U that's really all I have I just was really uh impressed with how fast the town turned around uh from that fair thank you so much thank you it was like the Cat in the Hat um you were kind of pressed about the um the report that we're going to get from Captain kzer because we will we'll be talking about that um the fair uh they had good morning Arizona there the whole like I think for the whole time they were on TV that morning and so I was able to just chat a little bit but I went to the booth and such and um I was able to kind of squeeze in about the green Fountain and a a couple other events coming up so it was it was uh nice to be able to do that and then um we had students from zamas and uh actually there was one from Germany too that I met with Lisa ruchia who is uh is actually hosting a couple of those kids so we got had some kids from our sister cities here and I think they're gonna be here for a couple weeks um we have a Red Cross Proclamation and I believe we have a board member here Jim Olsen so meet me down there and I will present it over here thank you so much hold that right there and then I'll read it here thank you whereas during American Red Cross month in March we recognized The Compassion of people in Fountain Hills and reaffirm our commitment to care for one another in times of Crisis and whereas this generous spirit is woven into the fabric of our community and advances the humanitarian Legacy of the American Red Cross founder Clara Barton one of the most honored women in our country's history who nobly dedicated herself to alleviating suffering and whereas today kind-hearted individuals in our community exemplify Barton's commitment as they step up through the Arizona New Mexico region to provide a Beacon of Hope for our neighbors in need they they make a life-saving difference in people's Darkest Hours whether delivering shelter food and comfort during disasters providing critical blood donations for hospital patients supporting military families veterans and caregivers and saving lives with first aid CPR and other skills or delivering Aid and reconnecting loved ones separated by global crisis and whereas we recognize this month of March in honor of those who lead with their hearts to serve people in need and ask everyone to join in this commitment to strengthen our community so therefore I Jenny Dicky mayor of the town of Fountain Hills Proclaim March 2024 as Red Cross month and we illuminate our famous iconic fountain in red today and encourage all citizens of Fountain Hills to reach out and support humanitarian missions thank you thank you very much really appreciate the support of the town and uh the fountain turning red um I've spent a lot of time over the years in Fountain Hills and I love your community um one thing I want to add about the Red Cross is we are based on volunteerism 95% of people that do work and service for the Red Cross are volunteers and one of the things that I don't think everybody knows is in Maricopa County we respond to three Home Fires and help people in need every single day so every day across Maricopa County three families lose their homes they're often under privileged people they're often people in trailers and think of them losing literally everything so all their medication all their money all of their you know um loved items photos of family and because of volunteers we're able to respond and help so if anybody's interested in helping out with the American Red Cross we're always looking for volunteers there is a site that's basically called volunteer connection but if you are interested we would love to have you join our team thank you very [Applause] much so our uh presentation that we're having tonight is going to be our captain kzer from MCSO he's going to come up and talk to us about law enforcement and um give us a report thank you good evening mayor vice mayor members of the council um I always appreciate having some time at the council meetings to just go over some updates or some things that we believe are important to the community um and council member fidell touched on the topic earlier in his report to the mayor um about the burglaries that are going on and not just in Scottdale but across the valley um and the group that's involved I just wanted to talk about some of what the group is what they've at least the FBI's identified them as and then some of their MOS and what residents can do to try to help ensure that they're not a victim and what MCSO is currently working on um so the group's been named the South American theft group um you may have also heard it referred to as the Chilean burglary group Scott still refers to them as the dinnertime burglary group um and that's because of the hours of of thefts or the burglaries are usually between uh 2 p p.m.

and 10 p.m.

and again usually on Friday through Sunday evening um there obviously have been deviations from that but that's typically the target time um so this group is a large transitional South American criminal organization um the FBI believes the group to be over 1,000 people involved D in the ring um they first hit on the radar in 2016 but over the last year there have been 111 burglaries in Arizona Valley Cities alone so um and those burglaries have occurred in Gilbert Chandler Scottdale Paradise Valley Poria and Phoenix um they usually Target high-end um homes fluent communities um they're looking for homes that are along golf courses or washes or green belts for easy access to park a vehicle and walk up to them excuse me um to date the FBI is estimated $3 million stolen in money jewelry and other items they typically don't Target Firearms they typically leave Firearms behind um the ring also engages in frauds and stolen uh trafficking and stolen property um and they've been coined as like a more professional sophisticated group than just your typical burglar um they usually have maps and plans and they scope out communities to see which Target they want to hit um and they they try to hit when somebody's not home they usually have a method to check and see if there's a resident home um so with that moving into the groups emmo um they like I said they focus on high-end homes and affluent neighborhoods they like the access to golf courses or washes or green belts um what they have found in some of the trends is that they will rent an Airbnb or short-term rental near the the home that they would like to hit um and they plan they plan the burglary out quite a bit in advance with surveillance um one of the things that they tend to do is the vehicles that are typically involved are rental vehicles um they're seeing a trend in Rental Vehicles out of um smaller car companies out of California so not your Hertz or your budget some of the smaller named com companies and they choose to use high-end Vehicles like BMWs Porsches um and the belief behind that is so that they blend in a little bit more in the community that they're in um they have a tendency to approach the home from the rear and try to enter through a slider like a Arcadia door or a window um and they'll try to see if get a reaction to see if anybody's home sometimes throwing a rock either through the window or at the window to make loud enough noise that they'll wait and see if there's a response from a resident they've been known to enter a home with probably the that some of these homes the resident may not hear the glass break um and they've residents have confronted burglars in their home on several occasions typically if that happens um the group will will flee and get to the getaway car the getaway car is usually parked nearby where they could walk up um the groups usually consist of two to four male subjects um and uh usually getaway driver and that getaway driver is found more likely than not to be a female if law enforcement has contact with them or or a resident um they'll flee back to the getaway car typically pretty quickly um they will engage in a Pursuit with law enforcement um and they've had several cases where the vehicle crashed out and they've been able to then make an arrest and get some data from cell phones and other evidence they've been able to secure um so I wanted to talk a little bit about what MCSO is doing so um mcso's property crimes Detectives um they have been working a couple of cases in mcso's jurisdiction those have been in the Chandler area but it's t technically Sun Lakes with a Chandler mailing address there's a community down there that's been a hit a few times um detectives have done a couple of Sting operations and one evening over uh New Year's holiday um they were able to catch a group in the ACT trying to scope out res it was actually an active resident who saw something abnormal called there were deputies in the area for this thing and they got in a Pursuit with the subjects the vehicle crashed out and they were able to they usually have fake IDs um they all had fake IDs they usually have a pretty well um organized story um in this one they didn't get into the home or burglarize it so they didn't have the burglary charges yet but they did get cell phones and they did do data dumps and they did find a lot of associated information for um other residents in the valley and in California and they're working with other local agencies to um share that Intel the uh we have worked with we've gotten calls here in Fountain Hills from Scottdale police and their detectives just keeping us up to date on some of the breaks in their cases or some of the things they're doing um Fountain Hills obviously fits the mold for these burglaries fortunately today and I verified this again with our property crimes detectives there's not been an identified Burg and Fountain Hills that that meets thiso that they're associating with that um you know that that may change but that's where we're talking about ways to try to help you know educate the public make them aware of the group and the methodologies they see anything suspicious they see Vehicles parked out that looks like they're doing surveillance um you know typically just sitting out on a public road is not a crime you can do that if something looks out of place if if there's a vehicle that you know maybe meet some of this you can always call MCSO resident can call MCSO um and we'll just check it out we'll go and make a consensual contact with the individual and and just make sure there nothing going on um our property crimes detectives have also been committed to making sure if there are any burglaries in the district that seem to meet thiso or trends of areas that need to have increased Patrol due to the trends that we're increasing our Personnel in those areas and during the times that that those are occurring um going back to how to avoid being a victim um some of the basic things and I know some of it sounds very Elementary but be sure to lock your windows and doors um one of the things I did skip over and I want to go back to it because it is important the group has been known and in tell from the FBI is that they they do have some um technology that seems to um block or impede surve surveillance or security systems um and so you know one of the recommendations is obviously to have security systems detection devices in your home um and hopefully those do the job um but there have in situations where they've been found to have devices that block those sort of um security devices um work with neighbors to keep ey on your home or eye on the community I heard that you there was a call from an HOA you know we're happy to speak to them as well Rachel if they want to set something up with MCSO we're happy to give them tips and work with them set up a watch Pro program um and then again just call MCSO to report anything suspicious we're happy to look into it um one of the things I wanted to hit on before I end and take any questions is um you know we see a lot of posts on ring or or social media when um there might be something suspected of going on where maybe there's someone who we see it all the time I see it in my neighborhood on a ring you know someone tried to open my door and there's a video of someone trying the door um the part we don't see is the followup where if we are able to contact that individual or they are and find out the end result of the person was at the wrong house and I you know I know people can argue well maybe that was their guys but um we would encourage for MCSO to be called so we can investigate those things and um you know the posts on there tend to sometimes bring up the concerns that that maybe the crime is uh in their Community people are getting burglarized or there's people case in their neighborhood and and you know I don't know that could be the case but that's where we're asking for residents to call us so we can look into the matter and that it's reported to us and that we could provide the caller with the end result of the contact so that's all I have if if there's any questions from the council i' be happy to answer it thank you madam mayor and so I thank you so much Captain uh for explaining that kind of the that crime you know the the gang effectively um I did speak to a resident that has posted videos and pictures uh online uh is do you think that that incident that's here in town has any relation to that that group or is it a different Mo and if it's an active investigation you don't want to comment on things I understand that too but want to make sure the people here are at ease it it is an active investigation but what I can tell you in talking to the property crimes detective is that it's not believed to be the similar Mo and the group responsible um I mean there again there could always be deviations and down the road when if the investigation you know comes to an arrest that that could change but right now it's not believed to be Associated um but they they're working diligently they inform me they keep me up to date on the information or any breaks in the case so so that we know so that if it is we're able to educate the public and put the awareness out there and mayor and Captain uh what can we do what can that Resident do to Aid uh the investigation uh you right you talked about prevented you know locked doors but what what can we all do to actually Aid in that investigation and and because we want to see a conviction here we want to see it stop sure the key thing for us is timely reporting so if there is any evidence Left Behind fingerprints shoe impression um surveillance video surprisingly even if they have these jamming devices and it blocks the signal where you know maybe it doesn't alert the security company usually the video still captures um and and some of these burglaries that I think it's the one you're discussing um or other ones that we've had recently there has been helpful evidence that's been left behind that detectives are able to use um one of the other things I forgot to mention and the property crimes detective did ask me to share it is one of the things that they're taking pretty regularly and the logistics of this got to be challenging is they're taking safes so they'll just take an entire safe that's locked they'll take it to a location and they'll get into it so their their request or their suggestion recommendation is if you have the ability to bolt your safe down um do that it makes it makes it not impossible but close to they're usually not going to take the time to try to get around that um and then the other thing I was going to say that I did forget too was um a lot of the property that's sold in the jewelry and the goods they're not usually sold locally at pond shops they usually are shipping it um out of the United States so that's where the stolen trafficking and stolen property is coming from so any other questions yeah thank you Mr Mayor yeah I just have one question and that is um just given the name of these organizations they they sound like they do have a an either Regional or national flare are you are you getting Federal resources to to help with the investigation I I can't answer that I I tried to have my property crimes Sergeant come out tonight because I knew he probably could answer some more question so I don't know if if in our jurisdiction with having I think three if we're getting that you know FBI help or not I I I don't know if Scott still is with more burglaries and PV um but I do know the FBI you know with with a organized crime group typically will provide resources so sorry I don't know the answer if MCSO specifically is getting help on our cases or not yeah if if you if you could let us know if if that's the case I'd appreciate it because if it sounds like if they're victimizing people all over the country and they're shipping this stuff out of state we should really be getting some f Federal help on this problem I'll look into that and I'll get you an answer thank thank you Larry you gave some great tips tonight so thank you for that can we make sure we get those to our town manager and then you can get voted do some kind of a uh social media post or in website post or something that'd be great thank you thank you thanks I know sometimes we were shy to call the police but um that's probably the best bet when you see something like this um our next item is our call to the public um and remind everyone to please tell us what city you live in but not your address okay mayor first we're going to talk about what is in your packet we have some people who have provided written statements um one is uh from James Kirk and you can read them in your packet there's another one from Jennifer Brown and then four people five people commented on the referendum now we have our speaker cards in person um first we have pamc cap and on Deck we have Liz Gilder sleeve good evening uh pamc cap 8-year resident first I would like to apologize to May dicki Town attorney Aaron arson Town manager Rachel Goodwin town clerk Linda menal and the majority of This Town Council I disrespected these council chambers the last time I stood before you I disrespected the process and the rules that helped this Council function and I am sincerely sorry and I will try to do better to remain respectful in the future now when I read that council member fidell was running for mayor back in December I sent him an email regarding council member Skelly Corn's attacks his response was and I quote Pam thank you for sharing this with me let me make one thing clear please council members skilly corn and I are Polar Opposites when it comes to our town I don't condone this kind of behavior and I have very little tolerance or control over his personal Behavior I will have a conversation with this others with others about this respectfully Jerry Ferell end quote this gave me hope fast forward to February 6 council meeting council member fidell during his Council reports spoke about his involvement with the fight against domestic violence he spoke about being a champion for young women and girls who are caught in this horrible cycle of violence against women once again it gave me hope that he would stand up for women who have been battered and abused I spent 30 years as a police officer investigating thousand of domestic violence incidents and hundreds of sexual assault crimes so I understand the horrors of it all after hearing that I after hearing that I thought this guy gets it so imagine how ambushed I felt when council member Fidel pulled the pre-planned attack I felt like I got sucker punched How could a champion for women be offended by a picture of a fully adjud adjudicated rapist being humped by a donkey it's not like I Bel de demeaned in slandered to rape victim I mean a champion for women's safety would be appalled by that type of behavior wouldn't he yet instead council member fidell decided to attack my character as a private citizen he stated I have come before this Council four times I have because the bad behavior kept escalating he also implied I cause disturbances each time that's completely false then to add insult and injury council member fidell stated take it somewhere else really I ask where the attorney general or maybe a civil rights attorney perhaps one thing about Crime Victims especially domestic violence and sexual assault victims they are fearful to report offenses why because they fear being subjected to invasive and accusatorial questioning about their background when they are only seeking help council member Fidel thinks he is a champion for women who are caught in the cycle of violence the truth is he is still part of the problem thank you I I will respond thank you for apologizing and as I stated before I asked one question you came before this Council and you asked us to adjudicate against somebody when you're doing the same things on social media that he's doing that's all I said so again I am a champion for women you ask any woman in this town and they'll tell you that this has nothing to do with uh W with that and it has everything to do with our our process and our procedure and that's I think I made that clear that night and I still stand behind that decision and again thank you for apologizing good evening I'm Liz Gildersleeve Fountain Hills resident I wanted to bring to the Public's attention about a public uh public records request that I submitted to the town following the January meeting where four of you approved sandor's high density requests for the Target property during that meeting council member Kell anakis mentioned that she was shown a document from sandor and Target reflecting a parking agreement I requested a copy of that document from the town following the meeting and I was told by the town clerk just last week that the document didn't exist at least as part of the town's record this is troubling for a few for a couple of reasons first it suggests that council member Cal anakis was in fact Consulting independently with the developer something she denied doing at the January meeting second secondly by not securing a copy of this document for the town's records it could be a problem in 2 to three years for homeowners and businesses particularly Those Behind the target property if this high density apartment building gets developed and there are parking issues no one is going to remember in two or three years from now that some random council member quote saw a document I would encourage the rest of you to do what council member calivan AIS should have done and that is secure a copy of this agreement now if it even exists and add it to the town's document database while it's fresh in everyone's Minds that would be a more effective way to protect residents and businesses should a problem with the parking issue arise in the future from this development thank you I would like to gu thank you Mr Mayor um I appreciate your concern about the parking in the sandor project um just for the record um I've received that request two two days ago if I'm correct is that correct Linda I forwarded it for your emails yeah so I received it this this week um of course I I told everyone here I was do having surgery and preparing for this council meeting and so that was something I was going to address but um I think if if you're going to be reasonable you have to give me more than two days to do a records request and so the document does exist um and uh it'll be forwarded in normal and appropriate fashion thank you next we have William Ray and on deck edza and and that is it for public comment good evening folks I am here to talk about just very briefly this tar Target project and I will say to you honestly and without any ranker we need to vote all of you out you've betrayed us please don't applaud or or do anything like that thanks uh good evening Madam mayor Town Council staff Aaron and public Fountain Hills uh I'm Fountain Hills resident my name's edza and uh just absolutely appalling what's happened over the past three months within these Within These chamber walls here um I've never been more embarrassed for our town than over the past several weeks and we don't have to belabor what you did with the vote over at the Target Center Redevelopment but I can tell you right now what you did was incorrect at least in the process it took you should have taken the time we've all said this to you and you should have been more informing of the public and for instance a major question that should have been asked is xandor why on Earth we have infill going in all around town as far as with our businesses there's several that are coming in to our empty spaces and this is one of the biggest complaints that was about the Target Center well you know what for 10 years why why didn't sandor get rid of the KFC building uh that's an iore as everybody has said and made a big point about and why are all those spaces empty well they were purposely left empty and those prices were purposely jacked up to keep that Center looking as bad as it is and who do you blame for that do you blame the town of Fountain Hills do you blame sandor who do you blame the whole point of it was or is is that there wasn't anything else tried and you guys pushed this through so quickly there wasn't even any discussion about it your own Planning and Zoning commission told you exactly what to ask and you never not one of you asked that any of the questions and it's it's appalling and it's insulting and should be insulting to the residence of Fountain Hills and um as far as there there were several comments that were made that uh that uh the the biggest invest s are the developers and everything else well I beg to differ I think the biggest investors are the residents of Fountain Hills and you supersede all of them uh over the past couple weeks you totally Overlook their opinion and their viewpoints and the referendum you you it's it's not right I mean it's just not right and you should be speakers for the actual Fountain Hills residents and basically the way that vote went in the process the way it went you kind of made your own decisions without the input of the public and that was wrong I mean it was just wrong and now what's going to fall on your shoulders is everything that's about to happen so and that's sad thank you thanks very much our next item is our consent agenda could I please have a motion mayor I'd like to pull one item off of there I have a couple questions on eight 8 C okay bet so um motion to approve 8 A and B actually Madame mayor I'd like to pull uh item a off so why don't we make a motion for just B I'm sorry I'd like to pull a off so I like to make a motion for just B okay um second for that please for for B item okay uh roll call council member fidell I council member skillcorn I council member gzowski I council member McMahon nay council member to I vice mayor cavanas I mayor dicki I so we'll go with um the first one which is 8C 8C yes so um my my question on this is that in the notes of the attachment it had on there that um Sandos is developing this property I I thought that the church still owned that property and I wasn't aware of the fact that uh that that had happen and then the second question is uh we're replacing a 10t easement with an 11t easement Madame mayor council member the there's actually an abandonment of an existing sidewalk and Landscape easement behind the existing sidewalk many many years ago for the master planned area they had wide sidewalk easements and an additional landscape easement the property prop owner is simply asking us to abandon that unused portion that the town does not need in regards to your first question related to the ownership I'm not aware of tonight who the new owner is or whether or not the property is in escrow okay all right um so we don't know if there's been any oh joh John here we go oh here we go May council member forell the uh Church processed a land split application to split that tract into two pieces and I believe the either have or will be selling that piece to sandor U by virtue of them making this application that indicates they are moving forward with that purchase of that piece okay so that's the second parcel that was part of the original U agreement so they split that parcel in half yes okay and you know what um what kind of numbers we're talking as far as the split is in acres or is it uh mayor council member not exactly it's basically in half but no I don't remember what the numbers would be exactly all right thank you yeah Madam mayor and I don't know if this director wants to but what is that zone for right now mayor council member that's Zone R 110 so it's for single family Madam mayor director what's the minum lot size for that 10,000 square ft okay any more discussion on that item can I get a motion please thank you so much can I get a second please I second thank you uh roll call council member skillcorn yes council member gzowski I council member man I council member to I council member fidell I vice mayor cavanas I mayor dicki I thanks um uh councilman did you want to say what why you wanted the minutes remov please thank you madam mayor actually I was going to ask if we could table that to next meeting I just want to go over the audio one more time so I'd make like make a motion to table that to the next meeting can I get a second please second thank you uh roll call council member to I council member fidell I council member skillcorn yes council member GIS Bowski nay council member McMahon nay vice mayor calanis I mayor dicki I thanks so it's out there but um they'll be I mean it's in the it's in our packet but we will be looking at that okay yeah we'll bring that back at the March 19th meeting yeah okay great our um first item is um a public hearing a continuation of a public hearing that we had started before um and I would with the consent of the applicants this item which is about extending the hours of the dispensary would be continued until 3:19 um and if Council agrees could um could we just do that please I get a motion so moved second thank you is there any discussion great a roll call please council member member gasowski I council member McMahon I council member to I council member fidell I council member skillcorn yes vice mayor Cal anakis hi mayor dicki I thank you our next item is a discussion of the sanctions against councilman Alan skorn for sustained ethics violations um we'll have uh we'll hear from our attorney and then we'll take speaker cards thank you mayor and Council oh sorry councilman Ferell I see you had a um I have something I need to bring up should I wait until after you're done counselor or should I ahead point of ordered yeah it is it's a point of order um I want to remind this Council that um in our rules of procedure which we just reopt it on September 6th 2023 page 32 section 10 point 4 it says right in our rules of procedure that once the review SL investigation is concluded outside Council will provide the town attorney with a determination whether the complaint is sustained or not sustained if the complaint is sustained which is the case here the town attorney will schedule an executive session for review and enforcement by the Town Council it does not say anywhere in our rules of procedure that this should be done in an open session in a in a in a regular council meeting so are we going to violate our own are we going to violate our own procedures here I I think we need to I'd like to make a motion that we move this to an executive session whether it's tonight or at the next council meeting to discuss this second so I'm not totally sure what the motion was for to recess into executive session tonight isn't possible except for Le legal advice because it's not agendized for executive session and we have to provide under subsection A1 the employee or the public officer with 24 hours no written notice that there's going to be an executive session Etc so mayor sorry I was going to say can we I I would say it would be legal advice because he's um questioning the um the process as relates to our rules of procedure so it would seem okay with me to go into executive yes so if so if we want to talk about this aspect of it in executive session for legal advice you can always recess into e session for legal advice we have it agendized that way so if that's if that's the motion then but yeah well it has to be so right I mean we go into executive session we can discuss whether this needs to be an ex whether the whole discussion needs to be ex an executive session which I think is your point and then we would have to either reschedule or or do something else yeah I I'm happy to give my legal advice in executive session any discussion about whether the discussion should be open or in executive session really should take place here because that has to do not with my advice to you but rather your your substantive policy about what should be done if that makes sense we have a motion and a second to go into executive session do we have to vote or can I just roll on it we have to vote on we have to vote okay can we have a roll call on going into executive session please councilman R McMahon no council member to I council member fidell I council member skillcorn councilman skill corns indicated that he won't be voting on this matter yeah council member gusowski nay Vice May C anakis I mayor dicki I we are we'll journ into executive session thank you all for your patience um the discussion uh was a consensus that we will have an executive session on the 19th and an action item also on the 19th to just to clarify and make everybody comfortable what what with what we were doing everything is totally legal but I think uh we will um respect uh the wishes of some of the folks here and so it will be an executive session on the 19th followed by an action item at the meeting which which would be the public part of that so um what I would need now is a motion to continue this item until the 19th so moved mayor second thank you roll call council member to hi council member fidell I council member skillcorn oh he can't vote I'm sorry council member gzowski i k man I vice mayor c vonakis i mayor dicki I thank you um on our last action item is a uh related to the league of cities and towns again thank you all for coming we really appreciate your interest and um we're all going to do the best we can going forward does anybody have anything I know that uh Brenda you mentioned some of the stuff at the call is there anything you wanted to specifically mention I I I know that went to the third reading has that gone to the governor yet in that particular uh house but Senate Bill they're actually um I think uh they're getting third red in um in their their origin so they have to okay be heard in the other committees so there's probably some time on that okay thank you thank you yeah there there's still a lot of bills out there that are uh paying a lot of attention to cities this year but we have had uh the opportunity to weigh in on a lot of them and a lot of them do have to do with zoning and I know I joke about it but um this whole discussion would be kind of moot if some of those laws passed when it comes to uh to zoning and rezoning and um density so um there there were some other things about removing um ballot voting by mail and things like that so we just have to kind of see how all of that shakes out but I don't think we have any new items to weigh in on on any of any of the bills that I heard anyway so you all agree all right um next we have direction to town manager uh I don't think I heard anything um to follow up on um future agenda items all right again thank you so much for your patience and your interest we're journ