Fountainhills · 2025-11-19 · case details pending

I'd like to call this meeting to order. And would you please rise for the pledge of allegiance? America and to the for it stands one nation indivisible with all. And if you choose uh remain standing for the invocation by David Taylor is Mr. Taylor here. Not seeing him present. Then we'll take a moment of silence. Thank you. Before we take a roll call, I have some opening remarks I need to make.

So, I want to say good evening to everyone and thank you for joining us both here in person and online. As a community, we all share one common goal, to make Fountain Hills the very best it can be. Over the past few meetings, we've had moments that have distracted from that shared purpose. Things like clapping, jeering, finger snapping, and any other disruptions make it difficult for everyone to be heard and for the council to conduct the business effectively and respectfully.

To keep our meetings focused and productive, those kinds of interruptions simply can't be allowed. If anyone is unable to remain respectful of the process or those serving on this dis, they'll be asked to step out. Council meetings exist for one reason, to conduct the business of the town. This is where decisions are made that affect all of us. And those decisions deserve an environment of mutual respect.

Our meetings are not a place for political venting or for disrupting town business and proceedings. We all care deeply about this community and by maintaining civility and focus, we can make sure our meetings truly serve the people of Fountain Hills. Thank you. And with that, let's move on to our regular meeting agenda for the good of the town. Town clerk, roll call, please. Mayor Fidell, present. Vice Mayor Skilicorn present. Council member Earl present. Council member Kellianis here.

Council member Watts present. Council member Larabe present. Council member McMahon here. We have a quorum. Thank you. Now we'll move on to our reports by mayor and council members. Uh Rachel. Mayor. Thank you everybody. We have a very full house tonight. So I'll take this uh opportunity to remind you of a couple of upcoming events. Um, next Thursday the rain should be gone and we should have beautiful day um to celebrate Thanksgiving which means we have our turkey trot.

If you've not signed up and you'd like to participate, now is the time. We are almost full. Um, i.e. we expect to be full by the end of this week. So, if you'd like to, please get in here, get signed up so we can celebrate um, and walk, run, and whatnot on Thanksgiving morning. Um, keep in mind following the Turkey Trot is the uh, Chamber of Commerce annual parade. So, it's always a fun day here in Fountain Hills on Thanksgiving.

Also, a reminder that the Saturday after Thanksgiving is our annual breakfast with Santa at the community center. Also, a ticketed event that sells out. So, if you have not grabbed your tickets, please do so. Uh we also have an additional event that day, which is our sensitive Santa that is designed for a little bit quieter um interaction with Santa. So, that is designed for um our other our other users and our other kids in the community. Um it's both events are very popular.

Both events are a great way to kick off the season. Um with that, Mayor, I'll conclude my remarks. Thank you, Council Person Earl. Happy Thanksgiving. Council person Kelly Vakis. Thank you, Mr. Mayor. [clears throat] Thanks for coming everybody live streaming here live in person on Cox 11 and YouTube.

Um, as it looks like this might be my last council report that I'll be able to share with you for quite some time, I would just like to tell you what a pleasure it's been to be with you and share my council reports in this venue. I would just want to say how much I've enjoyed sharing what I do between council meetings on your behalf.

public safety, military affairs and the courts to the Arizona League, budget finance, economic development for the league, domestic violence for MAG, human services and community initiatives for MAG. Um, [snorts] I work on the pedestrian safety committees and also Fountain Hills cares. Um, I served on these committees with dignity, passion, a servant's heart, and always trying to do you proud. However, as the musicians always say, the show must go on.

And so, in that spirit, um I'm in the process of opening up a YouTube channel where I can continue to do my council reports, feedback on council meetings, and questions from the public. And so, um it's been a pleasure to share these reports for the last three years with you. However, the free flow of information will continue on YouTube. So, stay tuned. Councilman Watts. Thank you, Mayor. Uh, two things of interest.

Lots of different different activities, but the Veterans Day Memorial was the highlight, and then the fair, albeit a little bit wet, but it was a nice weekend. Thanks. Vice Mayor. Thank you, Mr. Mayor. I have no report, but I would like to make a motion uh to move uh agenda item seven to after agendum item 11. Second that. Sorry. Is that what we do? Yeah. Yes. Okay. So, we have a motion and a second to move the call to the public to after uh item uh nine 11 after future agenda items.

So, we have a motion and a second. Um can we get a a roll call, please? Could we just explain to the audience what we're doing once more, Mr. Mayor, if you could? Yes. We are moving the call to the public to just before future agenda items. Just after future agenda items. Okay. Thank you for that clarification. Roll call, please. Um, Mayor Larabe, I mean, excuse me, Council Member Laravey, [laughter] sorry. No, maybe. Council member Laravey. Um, I Council Member Man. Nay. Council member Watts.

I. Council member Earl. I council member Calivianis. Nay. Vice Mayor Skilicorn. Yes. Mayor Fidell. I motion passes. 5 to two. Thank you. Council person Larby. Report. No report. Happy Thanksgiving. Hope everyone enjoyed the fair and the veterans uh day celebration or not celebration memorial. Thank you. I've been asked to uh make a statement by the uh United States Marine Corps Detachment 1439 from uh the town of May I make a statement? Oh, I'm sorry. Go ahead. That's okay. Thank you, Mayor.

Um, I just also want to say I hope that we can continue our professional comments as council members and share with our community what we do professionally on behalf of the town by attending other board meetings, committees, and furthering the town's good reputation and business. I hope it doesn't go away.

I think it's a significant part of who we are as council members and again letting our um constituents know that we are working on their behalf not just when we attend council meetings but um outside of a council meeting as well. So thank you. Thank you.

So, I've been asked to make a statement by our Marine Corps detach detachment here, 1439 at the town of Fountain Hills, that they will be at the Thanksgiving Day parade, and they respectfully ask the community to bring toys to the parade in an effort to ensure that their toys for tots uh program, which is uh used for their Christmas event, um will be a success. So, uh having done that, I'll move on. So, over 80 million people will travel for Thanksgiving. uh this year.

So, we wish uh safe travels to all those. Um the mayor's challenge update, uh we've got over $10,000 that have been raised for our Extended Hands food bank here in town. Uh the art fair was very successful. I was down there three times this weekend and tons of people in town. In fact, uh I found a nice piece that we that we're going to buy as well. Um, I had the pleasure of uh honoring women in aviation at a gayla in uh Scottsdale this weekend.

So, um, we were proud to do that and that's where they raised over $100,000 for scholarships. And like Councilman Watts said, the Veterans Day ceremony at our war memorial was hugely successful, probably one of the biggest crowds I've seen out there in years. So, I was proud to uh have some remarks and welcome people on behalf of the town. And now we'll move on to the mayor's business spotlight. And tonight's recipient is our Extended Hands Food Bank.

So tonight we're recognizing Extended Hands Food Bank, an organization that truly represents the heart of Fountain Hills. Founded in 2004 with just a few volunteers, it now is powered by over 50 dedicated community members. That's that and they serve 10 different zip codes across the northeast valley. Led by David Iverson and his granddaughter Allison Iverson who began volunteering at just four years old, the family's passion has inspired two decades of service to our community.

Today, Extended Hands serves over 6,500 people in every single month, offering fresh produce, meats, pantry staples, household essentials, and even pet food. Congratulations to David and Allison and the entire Extended Hands team. Your work touches countless lives and remind us reminds us all of what can be accomplished when a community comes together and works together. So, Allison, if you're here, come on up. [applause] Wow. Okay. Can everyone hear me? Okay, wonderful.

I am Wow, I'm just taken aback. This is the first award that I think the food bank has gotten since um the Chamber of Commerce. So, um Oh, I'm not going to start crying. Um I just I I really appreciate it. Uh we we do so much for this community. Most of you probably don't know because it's behind closed doors. Um, but we we really really appreciate it coming from the mayor and the town council. Thank you to each and every one of you. We we desperately um need help.

Um, just really fast, I just wanted to say a couple words. I hope that's okay. First of all, I'm Allison Iverson. I am David Iverson's granddaughter. Um, I am now the executive director of the food bank as of a week ago. So, it's very exciting. Thank [applause] you. So, something that's new with the food bank, most of you already know, but we are moving. Uh we got approval from John Wesley himself back there. Hello. Yes, that gentleman just waved.

Um we are moving over by uh Messenger, the funeral home here in Fountain Hills. We're going to be on Colony. It's going to be half the rent that we're paying right now. Uh before we were paying $10,000 a month. Now it'll be 5,500. So hopefully the town's money will go to a better use. [laughter] Um we just we really appreciate all the work that also Mayor Fidell has done for us too.

Him turkey trotting in the turkey trot will be wonderful and he's going to be giving a dollar to the food bank for everyone who passes him on the finish line. So everybody literally sign up. Coming from me, okay? Sign up. We desperately need the money more than you know.

So, with everything going on with SNAP benefits, as most of you know, um our our funds are down, food's down, everything's down, but the community has shown up like never before through the community garden, the community um uh uh center, everything. Like, it's been absolutely insane. I thank you to every single one of you for showing up as a community. My grandfather, David, he likes to say it takes a village. We're all in this together. It's not just me. It's not just my grandfather.

It's not just the mayor. It's not just this town council. We are all in this together. We are one body. So, um, again, I appreciate every single one of you. Thank you for having me. I appreciate you. [applause] And and I'll add one note for those that don't know, we have uh donation barrels in the town hall here and also at our community center. Okay. And so now we'll move on to our recognition of the veteran of the month.

And today we are honoring first lieutenant Richard Dick Jutin who was born in Tigertton, Wisconsin on September 27th, 1926. In November of 1943, as a junior in high school, he enlisted in the Army Air Corp, intending to become a pilot. However, while still in basic training, World War II ended. Considered a World War II veteran in September 1946 using the GI Bill, he enrolled at Michigan Tech College of Civil Engineering and joined the US Navy ROC program.

Upon graduation from college, Richard commissioned into the US Air Force, serving in the Korean War in 1952 and 1953. Assigned to the 430th Fighter Bomber Squadron, 474th Bomber Wing, Fifth Air Force, he flew 76 daytime and 14 solo nighttime combat missions in the F84 Thunderjet. Let me repeat that. He flew 76 daytime and 14 solo nighttime combat missions. Unbelievable. One of the solo night missions earned Richard the call sign Rosco the distinguished flying cross.

Later he served as a flight instructor at Luke Air Force Base. After six years of active duty in the military, Mr. Jutin was hired by Salt River Project SRP as we know u as a civil engineer in the water division. He was eventually responsible for the reservoirs on the Salt and Verie rivers, making the decision when to let water down the river through to Phoenix. He retired from SRP as assistant general manager of the water division in 1992.

Once retired, he became an avid river runner, competing eight raft trips down the Colorado River, two of which he kayaked. He also kayaked or rafted the Green Salmon, Desolation, Rogue, and Upper Salt rivers. Richard and his wife Marie moved to Fountain Hills in 2001. Giving into family pressure, Richard sold his kayak at the age of 89 and hung up his paddle for good. Richard is a lifetime member of the Veteran of Foreign Wars Post 7507 in Fountain Hills.

And would you please uh congratulate me and come on up, Richard. [applause] [laughter] Thank you. Yeah. Say thank you. Thank you for very much for all of the the um stuff that I've done and I I hope I didn't lie about anything. Oh, you didn't lie. Build it up. Good. Okay. Good. And again, congratulations and thank you for your service. Yes. Okay. Thank you. [applause] All right. And now we'll move on to uh presentations. Rachel Mayor, first up we have uh Chair Patrick Garmin.

He oversees um and chairs our strategic planning advisory commission uh which meets Wednesday actually if anybody's interested in joining us for that meeting. Um but Patrick's going to share um some updates as to um the current progress of the strategic plan process um and some of the um some of where we're going with this um the next update. So with that, I will turn it over to Chair Garmin. Good evening. How are you? My name is uh Patrick Garmin.

I'm the chair of the Fountain Hill Strategic Planning Advisory Commission. Uh the I I'm the chair, my vice chair is Jeff Yazetta. Uh we also have commissioners on our on our group. Um Paulie Bennett, Randy Crater, Bernie Honley, Joseph Reyes, who's in the audience tonight, and Paul Smith. So that's our our crew. We've been working on the strategic plan for the town of Fountain Hills. The plan for the town of Fountain Hills is a 10-year plan that we update every five years.

All right, this is my representation about what we do. I just have a few slides so I won't take up too much your time, but if you notice the last plan was approved in March of 2022. uh we started after that with uh helping with the implementation of that plan and also issue familiarization. We did that ongoing. So every one of our meetings we have um people come and talk to us about issues that may be affecting the town. As you see that was 2022 23.

As we move from left to right, you see we also started to develop the plan then back in 2023 24. I'll show you the next slide of kind of what the model looks like. But uh we have a three- tier model that we use for the strategic plan. We developed our strategic priorities in 23 24. We worked on our signature strategies last year and I'll define those in in just a second. And then this year now we're working on uh specific tasks. These are all draft, right?

We work through all these and then we'll we'll open those up for socialization uh and uh hopeful approval for submission to you all uh next year around the same time. Okay, so this is my representation of what our model looks like. Uh it used to be an arrow moving off to one side. I thought it looked better as kind of a house because we start calling the strategic priorities pillars.

So, if you can see that in the middle, we start off with the mission and the vision for the town and then we worked on the strategic priorities. Just so you know, those pillars, they don't change a lot between small towns and towns across the United States. Uh, every once in a while, a different one is in there, but as you see, we settled on five uh about a year and a half, two years ago. So financial, economic, land use, that's quality of life and safety and infrastructure.

Underneath those are signature strategies underneath and signature strategies then are the next level down. As an example, just so you know, let's say infrastructure as an example, that's the pillar. A signature strategy underneath infrastructure might be roads, right? And then underneath that you see supporting task. supporting task is where we actually identify what's going to be done, who's going to be doing it, and what the timeline is to complete it.

So then you're looking at what what are we talking about when we talk about roads, what's the timeline, and what we think uh needs to be incorporated or implemented. And we do that across the board for all of those. There's generally about three signature strategies underneath each pillar and then two to three or more tasks underneath each signature strategy. Um something I I like to quote in our meetings is you know if you start big it becomes the project becomes unmanageable very quickly.

So you need to start small and then it still becomes pretty big. So at the end of the day this will be a a very uh healthy plan. Um one other thing I wanted to mention under financial as as an example on something that we talked about uh at the end of the year last year was the incorporation. It goes under finance but it really affects all of those different pillars. But a signature strategy uh has been very interesting is AI.

So AI integration, I mean that's that's a buzzword these days and it's going to change a lot in five years or 10 years. So we've been uh hard at work working on that and seeing how that might impact the town strategic plan as well. Okay, I'm going to keep going. This is something I want to talk about outreach. We don't uh just uh sit here and uh talk amongst ourselves. we actually get out and ask for opinions from people in Fountain Hills.

Uh, a couple ways that we've uh worked on that's been successful the last several years.

One is an outreach to organizations, nonprofits, uh different or volunteer organizations across Fountain Hills where I go or the the vice vice chair of our commission goes and talks provides slides like this uh and and talks to that organization and then gets feedback whether direct feedback right then or after the meeting or some folks then come back they email us through our email address or they uh come to our meetings. So, those are just some. There's quite a bit more.

Uh, over a two-year span. I've personally talked to a lot of organizations within Fountain Hills about our strategic planning. The second thing that we do routinely is we have workshops at the community center and uh Jeff Yazetta, the vice chair, has uh been particularly useful and adept at doing those. So, he's done those for the last two years.

At least uh twice a year we've done community uh workshops in in the community center where we have uh displays and people walk in and they see something of interest or they tell us they have note cards or we write down what they say and uh it's also very interesting. So what I put on the bottom was just an overview. I'm not going to go through each one of those.

I just wanted to see that there's a lot of comments, a lot of different ideas and and that we have to help uh coales those into something that we can uh implement in the future. Okay. So outreach, the last thing I want to mention about outreach is is we're heading we're getting close to about 700 individual engagements. So I think by the time we're all done, you know, we'll probably have a thousand or more individual engagements with uh citizens and folks within uh Fountain Hills.

Okay, so we're back to this. This is my final slide. I wanted to return to the timeline that we have. So, what I just talked about, if you remember, um I know you just honored somebody in the military. I was taught in the military. You tell people what you're going to tell them. You tell people what you tell them, and then you tell them what you told them. So, what I just told you was that we started in 2022 with an overview of issues in our town.

Uh we started also helping with implementation of the current plan. We worked through pillars which are strategic priorities, those big things holding up the mission and vision for the town. And then we've worked underneath that under strategic uh excuse me, signature strategies. And underneath that now we are starting to fill in the actual supporting task where we say who's going to do something, how long is it going to take them to do it.

We're hopefully to get back a draft plan at the end of this session. When I say session, we usually take July off. So, we're looking to have a draft to start putting together a June time frame and then we'll come back at the end of the summer and start socializing uh that draft and making, you know, movements to the left or to the right uh and steer the ship in the direction that that you all uh might think is appropriate. uh and hopefully get an approval of the new plan sometime in 2027.

That's the end of my presentation. I don't know. Did you have any uh questions or comments? I'll make a comment. I think it's really important uh what you the role that you play and you forward this information onto the town council so we can help uh with the future development of the town. And having uh served on the strategic planning commission, I know how important that is as well. So, thank you for your outreach and all your all your work on behalf of the community. It's really important.

Thanks. I answered all your questions. All right. Thank you. All right. Thanks. Thank you, Rachel. All right. Our next presentation is going to be regarding um our finance audit. Um, our CFO Paul Holdinger is going to introduce I believe he's going to bring up Josh Jumper from Heinfeld Meech to share some details. Yes, mayor and councel. Uh, Josh is here. He's a partner with Heinfeld Me.

He's the audit partner on our audit that just uh came to a conclusion for fiscal year 25 that ended in June of 2025. Happy to say we had no audit findings and we were $1 below the expense limitation. And I know I'm stealing some of uh Josh's thunder, but with that, I'll just turn it over to him and I'll be available for any questions you might have. Good evening. Uh Mayor Fredell, council members, my pleasure to be here.

Uh I will briefly and succinctly hopefully uh speak to uh the audit results again looking backwards to the year ended June 30th uh 2025. I have a few slides to just keep me on track. Uh but I will keep my comments brief. So I'll just start with uh why am I here? Why is the town getting audited? Uh well, it's required in state statute uh to get an annual audit of its financial financials. Uh additionally, federal law requires the town to go undergo a single audit of federal financial assistance.

However, that was not required this past year because the town did not meet the threshold to require it. Additionally, back in 2021, uh there was an uh ARS put in place to uh require us to come present in council in a public meeting. Uh so it wouldn't be an audit presentation if I just didn't touch briefly on the importance of an audit. Uh, so, uh, just listed out here. Pretty sure I have a spa appointment this morning and I need to change it if possible. [laughter] Yeah.

Peggy, is there anything later on in the afternoon? Peggy. Thank you. Thank Thank you. Sorry about that. Go ahead. No problem. Uh so I'll just touch on the importance of the audit. So we're verifying management's representations regarding the town's financials. Uh the audit also demonstrates stewardship and accountability to a host of different uh entities including the citizens, you the council, granters, state agencies, etc. Uh we're also reviewing compliance with certain laws and regulations.

Uh and then uh you're also ultimately ensuring that management is ensuring their responsibility to get the audit completed. Uh so this is just the timeline of the audit process for this past year. uh we started preliminary audit procedures in the summer, came out uh on-site in September after year end to perform final audit procedures and then the audit reports were issued at the end of October. So just a few weeks ago. So what's included uh when I say annual audit?

So these five items are the items that were issued. Uh a letter to governance that's you the council. I'll touch on that last. Uh the annual comprehensive financial report, that's the town's financial statements that are audited. Uh the report on internal control over financial reporting. So we also look at the internal controls over financial reporting. Uh pleased as Paul mentioned, no findings in that area this year. Uh the annual expenditure limitation report that gets submitted to the state.

Paul also indicated that the town is under that statue statute determined limitation. And then also submitted to the state is a uh compliance with state transportation HERF monies ensuring the town spending those HERF monies uh in compliance with ARS. Uh so as Paul mentioned, I'll just remention uh key items. So uh no internal control deficiencies, no audit findings. Uh the audit opinion is unmodified uh and was dated October 30th. So unmodified the technical accounting term.

Uh the non-accounting term is a clean audit opinion. Uh so uh pleased to report that and then again town was below its mandated expenditure limitation. Uh so just uh looping back to the communication to governance. So there is a letter included in the agenda packet uh but I will go over the highlights uh just that we had no disagreements with management during the course of the audit.

There were no uncorrected misstatements uh this year as well uh and that uh we uh were able to complete the audit in a timely manner. Additionally attached to that letter in the agenda packet engagement letter that's signed at the beginning of the audit to dictate the terms. Uh and then the management representation letter that's signed at the end of the audit that signifies the completion and issuance of the audit opinion. Other important communications to council.

So just uh indicating that we do uh inquire about fraud and non-compliance. uh we inquire with that with different members of management and employees.

uh but that ultimately the responsibility for fraud lies with management and ultimately council wouldn't be an audit presentation if I didn't uh say that the audit is designed to provide reasonable but not absolute assurance and that the financial statements that were issued that do have the audit opinion that responsibility ultimately lies with management. I kept it brief, but I'm happy to answer any questions you may have on the audit for the year ended June 30th, 2025.

Councilman, how many years in in a row have you as your firm done the audit? Uh so this we are just completing uh the so my understanding is the audit contract is gone goes through town's uh procurement process request for proposal that's issued with a one-year uh with four renewals. So we are in year five of the current audit contract. Those uh one year and then the four renewals. So this is year five of the current audit contract.

I assume you're going to respond to another RFP when the town uh yes follows its procurement processes. Uh we do intended to to bid as again and there is a saying about words matter and you made the comment that you didn't find any deficient deficiencies this year. Does that imply that there were deficiencies in prior years? Uh there have not been any deficiencies in the most recent few years.

I uh I can't uh speak to several years ago, but I would say uh in general uh there there have not been uh significant issues or findings in within the town's audit. That's good to know. Thank you, Councilwoman. I just want to say thank you for the work you did and I really am pleased with the outcome. And I think I'll just make a comment too. Uh Paul's team has done a great job for this town and it's again uh bears fruit with this audit. So thank you again. Thank you.

Mayor, do you mind if I add one more item? [clears throat] Sure. Paul, not to put you on the spot, but how many years consecutive has the town won the GFOA budgeting award? Well, thank you for asking, Rachel. [laughter] Um, I've only been here two years obviously, but the town has won the GFOA budget award uh for our budget book and and the budget process 23 years consecutive. We're going to be applying for our 30th straight year for our financial statements that were just audited.

I'm actually going to do that tomorrow. Uh, submit the application. We also get another award for our I I'll kind of um talk about it real quick because people probably don't know about. We have a popular annual financial report that we issue by December which is not audited. It's just a basically summary document of our financial statements that's um more easily readable for the community. I do print some of them out, put them around town hall and and last year they were all taken by residents.

So I think people have some interest in them. But we have won the uh GFway award for that for many many years as well. So all of them have won the awards. So thank you for asking. Absolutely. All a testament to what you guys do and thank you for to you and your staff. Yeah, I appreciate that and thank you to the mayor and council as well. Yeah, congratulations on 23 years. Okay, we'll move on to the consent agenda. Can I get a motion? Motion to approve the consent agenda. Second.

We have a motion and a second. Roll call please. Council member Laravey. I. Council member McMahon. I. Council member Watts. I. Council member Earl, I. Council member Calivian, I. Vice Mayor Skilicorn, yes. Mayor Fidell, I. Motion passes seven to zero. Thank you. We'll move on to our first regular agenda item. U Rachel. All right. This item is going to be presented tonight by John Wesley.

Um he's going to give a very brief background, but I think you guys are pretty familiar with this is how this was on the agenda, I think, three weeks ago. Yes. All right, John, with that, thank you. Yes, mayor and council, just very briefly, three weeks ago, October 21st meeting, you uh considered and approved and uh new development agreement for the Parkplace development uh just down the street project the town's been looking forward to seeing develop.

Uh following that uh approval, however, the applicant for that approach to town let us know that they've been working with a new partner in this project that they are working to bring on board here in the in the near future. But in doing so, this new partner uh was wanting a little bit more time to be able to look at some of the documents involved, the approved plans and and so forth to make sure they are ready to move forward quickly on the project.

while they may be able to make the December 31st deadline that's in the current uh approval, they may not be able to make that. So, they requested that the council consider an extension of the uh development agreement that was approved a few weeks ago. Uh and they've asked for it to be extended by a year. And so, that's what's before you this evening is consideration of an amendment to that development agreement uh giving it until the end of December of 26. Any questions of me? I don't see any.

Are there any uh comment cards? Town clear? Yes, mayor. There are three speaker cards. The first one is Cecil Yates followed by Bart Sheay and then last will be Christopher Enos. Evening mayor and councel, counselor, clerk. My name is Cecil Yates, 21-year resident, previous [clears throat] council member, planning and zoning commissioner. I presently sit on the economic development advisory council. Um, without rehashing, I'll be pathy.

Uh, how we got here, although it was about five months ago when we asked for the extension of the permits, right, wrong, or indifferent, uh, the process took us to removing our certificate and took about 10 weeks to get the developers agreement. So although I appreciate uh um the report saying that it was only two weeks ago that we extended it, that process actually started several months ago.

Consequently, our development partner um is no longer with us, but our financial partner is still with us. The financial partner is agreed to come and step into the development role. Um but as John pointed out, would like some more time. Um, everyone's anxious to get this going, to get this closed. During the last 10 weeks, we had seven amendments to our internal purchase and sale agreement to get this on track, but unfortunately, we're not able to close.

Um, to give you uh some background on the proof of the concept, as you know, phase one, we paid over a million dollars in uh material tax, probably about a half million dollars in permit fees, and just the commerce that's going on over there generates about a half million dollars in revenue to the town. Phase two and three will be very similar. So, your options tonight are pretty much no, let's not give them the extension, and that means we start all over.

we lose our financial partner and everything starts and we we don't um know what's going to happen other than we're going to have to start over like we've done several times. Uh if a yes vote then we close as soon as possible. We already have contracts signed waiting this uh the determination of this council. Um if you say yes and something else happens because Lord I know something happens um it does not hurt the town at all.

So, which of those two decisions is would you consider businessfriendly and and not falling into the bureaucracy of government? Um, I encourage you to ask Bart and myself questions. You already know our backgrounds, but I just want to remind you, we've had proof of concept. BART is a master builder. We are both award-winning developers. Uh, you're in good hands and we have proof of concept. Um, and I do have the signed amendment for you, counselor, uh, anticipating a positive response.

Thank you. [clears throat] Good evening, Mayor, Council, Counselor Rachel. Um 10 years 10 years in the town of Fountain Hills. I got here with Morning Star and fought tooth and nail. I have a development agreement literally on a retention pond in front of Morning Star. Nowhere else in town has that ever happened except for here to me. 10 years um I've spent 120 million dollars on the downtown to envel develop it.

And if you look downtown right now, what used to be dirt, now it's full of stores and people living there and everything. Like it, don't like it, hate the color, don't like the buildings, whatever it is. I want to remind everyone here, this is private property. This does not belong to the town. The town does not have a dog in this hunt. And Cecil was pretty much right when he said this. This is not the game of chicken. This is not what can we negotiate out of it. This is the end.

The absolute end. You see the fence is gone. Everything else is done. The last development department development company that came in Sweetwater, he's decided not to go forward because their money is better spent and easily done in other cities developing multif family. After the 10 weeks on the development agreement and everything else, they opted to pull out because they don't believe they can trust that it's ever going to be done even though it's signed. I convinced the financial partners.

I had a phone call with the town manager and the mayor with the financial partners who did commit to do it. And I explained to everybody at the time why they couldn't go pull permits at the time. If this does not get extended, they're not coming to the table. It's done. This is not something we can just go back and say, "Hey, you know, maybe we'll renegotiate it. Maybe we'll go do this." The fence is down. I own the property. My development partners won't even step foot in this town anymore.

They've blown up over this whole thing. And actually, there's only one left and he's in Hong Kong. It's the only representative of the dirt in Fountain Hills or in Arizona or in the United States is me. And it ain't going to be a pretty sight for a while. I I don't even know how to tell you how much money I've lost trying to get downtown developed in Fountain Hills. How much cash is just gone. It'll never come back. These guys are your last choice, not mine. Your last choice.

Because if it doesn't, the permit's expired, it's $2.5 million. It's a full redesign again. The development agreement's gone. This town is not known for being conducive to business and as far as development on here. So, you're looking at dirt for at least another five or six years minimum on it. If it's not 50 more years, because it was 50 years of dirt before I got here. 50 years. 12 different development agreements scraped off of it and how it went. So, I'm out of time and so are we.

There's a towel. So, that's my presentation. Oh, I'm sorry. I got to state my name. How long? My name is Bart Sheay and I've been in town since 1989. I got married at Shepherd of the Hills. I've owned four homes here. I still do everything here. I live in Goldfield. I still own property here, though. [clears throat] Hi, I'm Chris Enus.

I'm a Fountain Hills resident [clears throat] and I haven't been here as long as Bart, but I felt it important enough to be here to speak with regard to this uh project and a project that actually was started before I moved in, which was over 11 years ago. What you're looking at is basically procedural considerations in order to effectuate a development that needs to be done. So why would you do it? Well, you first you look at who who's involved. You saw two guys here, reputable people.

They're not from Indiana like some developers. They are from Fountain Hills. They are part of this community. They know what's right. They ain't going to do anything that's wrong. Then you look at what what is being developed. Well, it's not something out of the blue. It's not something that looks like Scottsdale. It's something that you already have an example of because you got phase one. And that phase has been successful. So you look at why.

Well, it's in keeping with not only phase one, it's in keeping with everything that's been done in this town for the last 10 years at least. And it will be a continuation of that process. So why? Well, $140 million reasons are around and those could go away if this is not approved. And then why not? If anybody has a better idea of what to do, maybe you can all come up with it. I doubt that you do because nobody else has come up with it for the last 10 years.

So what we're looking at is something that the only reason you wouldn't is if you want to not have this project. Do you not want the project? Because if you do not want the project to come out and say, "Look, I don't like your project. I think it's full of baloney. But if you do want it, then you got to facilitate it as a government. You don't want to get in the way. Time destroys deals.

And in this case, they need time to put this together because of other actions that have been taken by this council most recently, which I'm not going to criticize. You're here right now. You can take action to correct anything in terms of timing and you can take action to allow this developer to go out, our developer, our town resident developer to go out and get the proper partnership and financing in place so that this can be finally at long last completed.

And I really would like to see a ribbon cutting ceremony before the next millennia. Thanks. That's it. That is it. Any uh council discussion? Council person. Thank you, Mr. Mayor. Um yeah, I just wanted to address the um the fact that I think everybody on on the council, the mayor and and the six council members, you know, we we are all for this project. And so, um, I think that's important to get on the record because as I do talk to my constituents, they they want the project to be done, too.

Um, you know, it was a a couple months ago, we we did have some pretty intense negotiations to to to try to make accommodations on many uh key points, and I thought we had an agreement. Um, I think it's unfortunate now that we find ourselves back here two months later and looking for another extension. Um, it says in our packet that the new finance partner, you know, in order to release the funds, get the permits, um, are looking for this extension.

But I think really importantly in our packet it says well they may be able to reach the goal prior to December 31st 2025 this year. Um that now they're asking for additional time. So I think there has been some consideration that yeah we might be able to get it done. Um we're not sure. And so what I what I'd like to see is um let's get it done by the end of the year. Um, some assurances were were made that that's possible and uh I I think uh you know I'd like to see it done sooner than later.

It's not open for discussion right now. Council person, are you done? Yes. Okay. All right. Thank you. Anybody else? Do we have a motion? I'll make a motion um I'll make a motion to um not approve resolution 202541 that directly can you can you repeat that please? Yeah, I'm looking at um 9A, right? And the suggested motion, but I move I I move to not approve the resolution 202541. I think she's saying not not to approve the resolution 2025. So, there's a motion not to approve the uh resolution.

Um is there a second to to have them stick to have them We have a motion. Is there a second? Second. We have a motion, a second. Roll call vote, please. Oh, I'm sorry. We have we we have a few minutes of discussion. Uh, Mr. Mayor, I'd like to ask uh uh uh Councilwoman McMahon to kind of to explain the reason not just and and I'm not being argumentative. I'm just I just wanted to hear her argument.

I really don't have to explain it, but um it's been 10 years um the the constant statement of no funding and the self-created problem. We entered into uh in good faith entered into an agreement with them in October and it was agreed that they agreed that they would get this done by December 31st.

Um we um gave them adequate you know we extended the permit fees and have permits issued honorable before the end of this year which they said they would do which included using outdated per permit ordinance thereby reducing their fees substantially. Um the town has always acted in good faith in this matter. We've been hoping against seems against hope that this developer would get it developed.

They said they would stick to December 25th and that's what the agreement says right now and I think it should be upheld. Councilman, um I think that it's important to honor the original agreement that we had for December 31st, 2025, but that doesn't preclude the continued negotiation and discussion with our countdown attorney. if there are other options, if there are other ways that we can ensure or guarantee that the permits are pulled and paid for before the 31st.

But I I'm not going to be in favor of supporting an extension past 2025, December 31. And I I have kind of the opposite feeling. Um we want this project done. I'm willing to extend the the permits if needed. um to help get this project done. Yes, we've been dealing with this for 10 years. Um there's a possibility of getting it done and getting it completed for the town. So, I'm I'm in favor of it. But, um having said that, uh I don't see anybody. Vice Mayor, your lights on.

If I'm allowed, I'll ask a question. Ask Mr. Mayor, uh town manager, uh when's the last meeting for 2025? It's in December. What's the date? December 16. 16th kind of a rocking of hard place I I think and I I mean I I don't mind being pragmatic and knowing there can be issues with financing and being able to work with people. Um but there is a motion in the second on the table to wrap it up this year.

But if things do fall through, I mean, we do have a plan B that it still could be extended in December. Okay. Thank you. No other discussion. Can we get a uh roll call vote, please? Council member Earl. Gee, I'm the first one. Darn it. Okay. I'm just confirming the if I wait I is to agree with Peggy. Okay. So I want to explain my vote for tonight.

I'm going to say I at this time pending more details regarding the matters regarding this and I hope that we can have this back here in December once we learn a little bit more and we can have this project move forward. Council member Larabby, I'll do a one-s sentence explanation, too, if that's all right. I I agree. I think more information needs to be had on both sides. Um, there needs to be more of a conversation on this. So, I am voting I and we hope to see it again in December.

Council member McMahon, I. Council member Calavianis, I. Council member Watts, I. Vice Mayor Skilicorn, I'd like to seal see the deal done, sealed, and delivered before December. So yes. Mayor Fidell, no. We have six A's, one nay. Thank you. Okay, moving on to uh regular agenda item B Rachel.

Um Mayor, this item was brought forward by uh Council Member Watts with your support to begin to discuss um possible direction regarding the filing of comments um as it associates with um some new FC FCC rulemaking that was issued in September. Essentially um and it's in your packet. it it gets rather regulatory. Um it's a pretty big statement, but essentially it seeks to um limit uh state and local uh authority over cell towers and other wireless communication facilities.

So with that, I'll turn that over for you guys' discussion. Just as a note, this item is agendaized um for for direction to staff. If you choose to make a comments, please let us know what those comments should be so that we can get them addressed properly. Before we have council discussion, are there any speaker cards on this item? Yes, mayor. There are. There are three. First up will be Eric Landau. Second will be Larry Meyers and last will be Lorie Troller. Mayor and Council, good evening.

I'm Eric Landau, 27year resident. I retired here after a 24-year career in wireless telecommunications that ranged from two-way radio to microwave transmission systems. I am convinced that there is no risk from nonionizing radi radiation at the radio frequencies which are employed for transmissions supporting such systems.

I urge the council to get ahead of the proposed federal protections for such systems by finally implementing its own regulations permitting 5G technology to be installed in Fountain Hills and meanwhile to not oppose the FCC initiative. It's time to put aside the unfounded lite scare tactics that have been standing in the way of such useful progress. Thank you. Mayor, council, staff, Larry Meyers, 44 year resident of Fountain Hills. four years of my life working on this particular issue.

And I have uh among among many reasons for us to have our ordinance that regulates this activity regardless of whether it has harmful health effects on people or not. This town going back to the very beginning says utilities should be buried underground says. So you don't see any electric lines except for the big 500 KVA lines coming in here. 5G broadband towers are just that. They're broadband. They're utilities. I don't care what the telecoms want to lobby and tell you that they're not.

They are. They deserve to be underground. It's not going to hurt anybody with regard to their service. You'll get high You'll get just as high speed from having the having it buried underground. And no one deserves to have one of these towers in the right of way, which the town owns, in front of their house. It's very very simple. We hired a consultant. We got a report. We hid the report for add infinitum amount of time. We finally released the report.

We have a citizen who's worked on this that is probably the premier expert of all of us on this particular topic. We need to take advantage of it. We need to accept the fact that the past town lawyer didn't know squat about this subject. I think the current town lawyer probably will admit she's deficient in her expertise in this area. We need to hire the third party. The third party should be the guy we started with because he still owes us some money and he's well down the road.

So it would be an efficient spend for us as opposed to going out and getting somebody else. So I would like to see us craft our own ordinance. Keep the broadband underground. Forget the little 5G towers in the right of way in the residential area. Stick them on the big poles. I don't care what you do with those. Those are part of the cellular system in town. and let's get this thing done so that we don't continually beat this dead horse.

We can move the ball forward and I would appreciate you guys doing that tonight. Thank you very much. Good evening, council. Right before the holidays. Hello. uh Lori Triller resident. Um so on behalf of all the residents concerned about preserving the rights they have when they bought their property and the value to it and for those who are concerned about the lack of safety these additional towers would add to our town. Thanks thanks for considering this. This is really really important.

I'll explain that in a second. So what you're doing is actually joining the voices across the country right now to talk to the federal government and the FCC and voice your opinion. So what happens is the FCC doesn't have any say over the law. They can't change it. That that's the impression they've always tried to give. This has been a decadesl long battle.

So what the telecoms do is they they with billions of dollars bribe the FCC to say certain things and then those things towns who are unknowing say oh that's the law and it's not the FCC gives their interpretation of the law. The law does not include broadband. The reason this is important is because the telecoms are trying to build out the broadband on the coattails of this cellular tower laws. So cell towers can go. There's a lot of permissions for cell towers and where they can go.

Broadband towers want that same permission. So if everybody thinks broadband and cellular is the same, they'll be able to do it. And it's not. And that's what this is saying. That's what they're trying to get. That's what the telecoms are lobbying the FCC to say right now, which is they're one and the same. And they're not. They're different technologies.

So, thank you for speaking up, being the voices, part of the voices across the country saying we we value our property and you can't put your equipment on there and we don't want to be near it. Put it build it safely. Bring it to us. Do it in a safe manner. We're not saying don't. We're saying bring it in. So, thank you for that. And you know what? on my behalf and for the residents in this town that follow and I speak for it's been a rough four years.

We had we had a mayor that was a a mayor and an attorney that was obstructive in this. Larry just kind of alluded to some of the things that were going on. So, thank you, Mayor Fidell and council, the majority of the council for being behind this and understanding and appreciating our values and and having um respect for that. Um the children's health defense organization, I believe, is the one who kind of came to the town and asked for our support on this.

I have been following that organization. There's there's two really big ones. There's another one. It's a very um they're very much sister organizations very much behind them. They have influence. So our voice, this is a very big deal that this town gets behind this. I appreciate it. You thank God in four years. It's amazing we we're here. So thank you, Councilman. I I don't want to get into the weeds about the merit of of whether or not the RF is or not isn't harmful.

Property values do go up, do go down. What I do want to say is this is a notice of proposed rulemaking. The FCC has done this numerous times. Each time that it it gets some approval at the FCC level, it still has to go to Congress to get approved. It has failed a dozen times that I know of. The bottom line to this particular one, without getting into the semantics, is real simple. This say this notice of proposed rulemaking wants to take every every initiative away from you.

Anything that's discretionary, anything at all, it would eliminate any any versatility. We have worked three, four years from when I was on planning and zoning till now to get nearly a much better ordinance and we're on the cusp of doing that today. Staff has worked hard. staff has also acknowledged that it is an extremely complex technically and legally difficult thing to do.

And at the last meeting, I asked if we could take what we've got so far, which is real close, and get a third party to look at it, and I'll call it tweak it. Make it as tough as you can make it based upon your your experience to be able to get the best that we can get for the public. If we don't stand against this type of an NPRM, then our rights are all gone. We can't do anything. And I think that goes against the sentiment of the town as a whole to protect your property values.

If there is something that is RF uh problematic, we don't have any of that, right? If we if we don't stand up and say something about it. So, this is real simple. give up all of your rights in total or make a statement at least to try and protect what rights you've got and what rights we're on the cusp of being able to finalize. Thank you, council person. Thank you, Mr. Mayor. Um I guess my first observation is I I don't know why this is on the agenda tonight.

Um if if you read the what the town prepared, all all we're looking is to write a letter to the SEC by our town manager either supporting it or not. This is usually done at the instructions to the to the manager at the end of the meeting. So I I don't think does this actually require a vote for you to send that letter or just a consensus of the council? So, typically speaking, when we write letters of support or opposition, they have to do with legislative items.

And that is an agenda element that comes at the end of our meetings when the legislaturator is in session. Because this is not related to a legislative item as it relates to the state of Arizona. Yes, I need direction from a majority that says yes, you would like to send a letter and what it should include. I don't want to speak on behalf of the this body without your approval and instruction. Okay. Thank Thank you for that.

Um, [clears throat] and I know this was brought to the attention of the council by the Children's Health Defense, which our speaker discussed. Um, if if you just do a casual Wikipedia check, uh, it's an American nonprofit activist organization known for its antivaccine advocacy and one of the main sources of misinformation on vaccinations. It also um is a group that has campaigned against the fluration of drinking water and all all sorts of these issues that they're involved in.

That's who brought this to our attention. Um be that as it may, this is part of President Donald Trump's Build America, eliminating barriers to wireless deployment. [clears throat] Um, President Trump's call across the federal government is to expedite, eliminate, and simplify permitting burdens that inhibit economic development, job creation, and energy production. [clears throat] Um, it's an attempt to streamline infrastructure rules, which help spur significant investment in network buildout.

Um, new infrastructure bills remain essential to this nation's 5G leadership. America consume consumers demand more from their mobile networks as wireless data traffics year-over-year. Matter of fact, every year they're expecting a 12% annual growth with the introduction of AI that takes a lot of to get going. uh they also expect to significantly uh decree increase demand on mobile networks.

Um this eliminating barriers is is actually good good public policy and it's good for America and and it's good for our 5G networks and it's good for connectivity which I think we all want. Um at least I I do. Um it it's to ensure that mobile service providers can keep pace with consumer demands and needs. And we seek to continue the success of the commissioner's prior efforts to remove regulatory barriers that would unlawfully inhibit the deployment of wireless infrastructure.

Now they're right. We were mentioned by the FCC by name and that that could be a problem be because what we're doing might not might not be lawful. We don't know. The the report says it's it's questionable. Um in making more regulations is is is against what the reason I even ran for office. um you know when I was initiating u helping out the American Humane Society trying to get um electronic and phone medicine to people downstate in the reservation.

I asked uh state rep Alex Cen if he would support that and he said let me just one question Brendan and I'm like what's that? He says is it more regulations or less regulations? I said it's less. He said, "Well, as a rule of thumb, if it's for less regulations, I'm for it." And [clears throat] that's kind of where I'm at, too. The less we regulate, the the better it gets. So, I just wanted everyone to know that this is could affect our town.

If the new rule is put into place, the town might not be able, and this comes from the staff report, the town might not be able to adopt the needed regulations to protect our community and may even have to repeal some of the protections that we already have in place. And you know, this has been something we've put a lot of hours into.

And uh, you know, again, we can we can write our letter and I'm not sure if it's going to do any good, but I I think it's very sound public policy to support the Build America program initiated by Donald Trump. Thank you. And I'll and I'll add this. I think the elimination of barriers does not mean giving up local regulatory authority, taking it away from the town. We're not saying we don't want it here. We're saying come on in. Do it the right way. That's all we're saying.

So we don't we don't need we don't need to give up our local regulatory authority. They've tried that at the state several times and we don't need to be giving up local authority for our town. Councilman, sorry. Thank you. Okay. In the last 10 minutes, my little blurb went from 30 seconds to another 10 minutes. So, everybody buckle in. Um, first and foremost, I think that this situation can be a little bit of a case study on how DC works.

What President Trump's initiative is is a call across the federal government to expedite, eliminate, and simplify permitting burdens that in um that inhibit e economic development, job creation, and energy production. Now from that statement, people who make a lot of money to do these kind of things come up with this build America idea that somehow would restrict our ability to put a utility 5G underground along with the rest of our utilities.

What I'm trying to get at here is that we're not restricting your ability to bring 5G into town. So, we are not restricting your economic development. Installing it underground, I think, arguably probably takes more people than it would setting up the small cell. I don't have the exact numbers on that, so we'll see if that's accurate or not, but I doubt we're losing any jobs. And last I checked, 5G does not produce its own energy.

So what that actually has to do with President Trump's statement is a little bit beyond me. But that is how bureaucracy works. For those who have not been around these people, this is what they do best. When you get a statement from leadership, the bureaucrat's job is to by the time it trickles down, [laughter] by the time it trickles down to our level, it gets very muddied and it's a lot different than that original intention. And that's what we're seeing here.

This is something that would tie our hands as a community from having any input on what 5G does. Now, yes, I am all for smaller government. I am all for less regulations. But when you're dealing with billiondoll companies and the federal government says, "Just kidding. We're going to take it over." That's a red flag to me. And it should be to you, too. Once again, once again, the 5G nomenclature has gotten convoluted.

The speech about build America, build the infrastructure relates specifically to cellular, which we have no objection with. Cellular is not the issue. Broadband's the issue. Broadband has been the issue since day one. It has nothing to do with build out building out a cellular 5G network. They already exist. They're going to continue to take 4G uh equipment off and replace it with 5G equipment. It's fifth generation, sixth generation. That'll continue for in perpetu in perpetuity.

What does what this does is what council member Laravey said. It completely takes away the town's ability to do anything. They can't even at that point regulate putting camouflage on them. that that monstrosity behind the Alamo can all of a sudden be its own creature. You you have no ability to camouflage, make things cactus. You have no ability to say you can't put something in a rightaway. No ability whatsoever. And this is simply a notice of proposed rulemaking.

State your position specifically with regards to the NPRM opposed or supporting so that the government doesn't take over your lives. Vice Mayor Thank you, Mr. Mayor. I'm sorry. Uh Peggy Peggy was before you. Peggy, thank you very much. I I appreciated it. Um as we all know, um 5G, cell towers, and facilities are regulated by the federal government.

We've discussed this numerous times, and they're not going to relinquish their right to govern wireless cell towers or wireless communication facilities. and will periodically adjust their rules and they might be even more strict.

So, I think it might be best for staff to prepare a response reply comments to ensure that the FCC preserves a central state and local authority over wireless infrastructure requirements that safeguard public safety and welfare, reliability and resiliency of our wireless communication services and consumer protection and rights away.

Um, I also think that we should provide comments that are necessary to advocate for more transparent FCC processes that allow states and local governments and telecommunication providers a fair and reasonable opportunity to be heard in any wireless permit disputes or a resolution process. So, I would like to see a letter be written by staff. However, at this time, I don't really have specifics on what that would say as far as what um significant points we'd want to make.

And maybe that's something if council decides to have a letter written that we might want to have a work session on. I'm not sure. Thank you, Vice Mayor. Thank you, Mr. Mayor. It does sound like there is uh consensus to write a letter. And you know, I just going to point out the FCC works for the people, not the other way around. And it is our it is our prerogative uh to have our two cents heard.

And frankly, I believe that they should uh hear from us and they should uh make sure that uh they do not trample our local authority. Uh, and also kind also, you know, I did hear up I didn't specifically hear Campanelli's name, but you know, I would love to see uh more of that Campellity Campanelli report and his feedback in our ordinance uh going forward. I know there's some work to be done there. Uh, but I'm looking forward to that.

I don't think we need a motion, but I think we have quite a consensus to go move forward. Um just to clarify we so it is agendaized for a motion and right now the suggested motion is to move to direct the town manager to prepare a statement opposing the FCC rulemaking. Um and I can take some of the talking points and the not you know notable comments from tonight to prepare that if you if you're comfortable with that. I'll move that. Second. We have a motion and a second.

I thought I thought you said you someone did make a motion. So, second. Second. We have a motion to second. Uh, town clerk, roll call, please. Council member McMahon. I. Council member Larabby. I. Council member Earl. I just want to explain my vote because I when I look around our town, all I see is saros, palm trees. I don't see wires above and I don't want to see any cell towers in our or whatever these towers are in our pro on our property. So, I'm a yes. Council member Calabianakas. No.

And uh will we get a chance to see this draft before it gets sent? Typically speaking, I'll usually take what your guys' comments are, consolidate them, and send it out. Um my understanding is time is somewhat of the essence on this, i.e. There are deadlines to be met. So, if you are comfortable giving that direction tonight, typically I will send this out um or Angela will help get this drafted out and we'll share a copy with the council of what was sent.

We don't generally come back for editing or other proofing. Okay. Council member Watts. I. Vice Mayor Skilicorn. Yes. Mayor Fidell. I motion passes six to one. Thank you. Moving on to the next uh item C. I'm going to open a public hearing on this item. Um Rachel. Sure. This item is going to be presented tonight by Farhad Tavas, our senior planner, um to propose an SUP um for a residential unit on the Avenue of the Fountains. H, I'll turn it over to you. Thanks, Rachel.

Uh, good evening, mayor, members of the council. Good good to be before you this evening. I'm here to introduce you as soon as I open my presentation. I will be introducing you to a special use permit request for six residential units in a commercial zoning district, more specifically in Plat 208 just across the street. Uh the uh subject property is a little over a quarter of an acre at 12,000 square feet.

It is zoned C2 with uh two overlays currently, the planning plan shopping center and entertainment overlay districts. The general plan designates it as the uh town uh center understandably and uh surrounding uses include a mix of uh vacant properties as well as some wellestablished commercial uh developments uh or commercial uses listed here. Uh Luke Bondi uh the applicant for this case uh here represented by Rose Law Group is proposing as I said earlier six for sale units.

Each unit uh will be approximately a little over 3,100 square feet which would be a density of about 22 units per acre. Uh there will be three commercial suites. Those commercial suites would would be on the first floor. The residential units would be on the second and third floor. Uh each of those commercial suites uh be about 950 square feet. Uh as for parking, there will be six private garages uh provided uh twocar garages.

Uh access uh to those garages would be via park uh rather uh track 208. And there will also be in addition to that shared uh on street parking for commercial uh for the commercial uses architecture. As you can see in the rendering on the lower right, uh the applicant is proposing a desert modern uh architectural style. The height will be about uh just under 40 feet with a uh with a additional four feet or so for the elevator overrun.

As you can see on the upper right hand corner, you can see the footprint uh of the uh proposed conceptual uh site plan and the footprint of the proposed building which will include some covered entryways uh via the avenue of the fountains and as I said the garages would be behind the uh behind this building. Uh currently uh as the zoning ordinance states uh residential use in the C2 or any commercial district for that matter is allowed with a special use permit.

The parking requirements are one space per 275 square ft for the commercial use. Residential uses require two and a quarter for each unit. So a total required would be 48 uh spaces uh on site. Um this is met via the track 208 shared lot agreement as well as the uh the garages that are being provided for the for uh each of the residents. Solid waste is required to be two between uh within 250 ft uh within walking distance.

Um there is currently a uh refu uh container within that distance, but uh the applicant is working with the Plateau Property Owners Association to establish or to um include a dedicated uh trash receptacle for the uh inhabitants of the building. Uh, as for public outreach, September 24th was the community outreach effort by by the the applicant at the community center in which there were five community members present.

Uh, that included an informal presentation followed by a question and answer session. There were no written comments and uh ongoing dialogue has continued. Uh staff hasn't received uh any uh opposition uh expressions of opposition either in writing or in uh via phone.

Uh real briefly, our staff staff analysis concludes that the proposed use is consistent with the general plan and the downtown vision in that it supports mixeduse pedestrian oriented or pedestrian friendly development, meets the zoning and overlay district intent. is compatible with the surrounding land uses and is subject to detailed site plan review uh following SUP approval.

Uh the commission recommendation uh last month, October 13th, was uh in alignment with staff's recommendation with a vote of six to zero recommending approval subject to the uh conditions you see here. With that, I'll conclude my presentation. the applicant is here as well. Uh particularly the Rose Law Group who has a uh presentation also prepared. Thank you. Rachel, do we want to hear the presentation by the applicant? Mayor, that's at your Okay. discretion. Sure. Let's do it. Okay. All right.

I know we've got a packed agenda tonight, so I'll keep it quick. My name is Samantha Damas. I'm with Rose Law Group. Um I'm here on behalf of Bondi Construction and Design. Um and my address 7144 East Stson. Um, so I'll just try to only cover the things that I mean farhead pretty much covered everything, but this is our this is our visual. Um, it's a local developer uh planning to own and operate and property manage the whole thing. Six units. Um, everyone has a private elevator.

Um, you can see the entrance. So, the um residents themselves will enter from the back to their private garages that can elevator up to their individual units. Um, and what we're really here for today is to allow that mixeduse element to this. So, um, when the application first came to the city, it was going to be eight residential only units and then we decreased the density and added the commercial on the bottom to help fit the downtown vision more closely.

[snorts] Um, and we see this is great for downtown, very pedestrianoriented. Um, we have a letter of support from the Chamber of Commerce. Um we've been working with track 208 and we're um they're waiting for our ent us to go finish our entitlements process but we're um well on track for what we need to do to get through site planning with them. Um and we got unanimous at um PNZ. And then there's our neighborhood meeting at the community center.

Um, and this is just kind of a general overview of all the area plans that suggest mixed use and growth area for this area. Um, there's our preliminary site plan. As you can see, the everything commercial will be on the pedestrian facing a East Avenue, the fountains, and everything to do with the residential will be accessed from the backside. There's those are the elevations. Those are the private garages, the side view.

There will be a walkway on the sides um so you can get to that um track to aait parking lot to the east avenue of the fountains. This is just kind of some visions of um something some more similarish mixeduse developments. Um this developer specialty is infill. So and then we tried to take inspiration with the design from what's existing on the east avenue of the fountains. So, um, I won't keep you too long, but I'm happy to answer any questions. Vice Mayor, your lights on.

Do you have a question? Sure. Actually, uh, Mr. Mayor, can um, planner uh, uh, Tavisoli come back up? I'm just I'm curious. Actually, I've got a few questions here. Um, so the current zoning is C2. What What kind of uh, developments are allowed in C2? Uh, mayor, council member Skellicorn, uh, the C2 is, I believe, the intermediate commercial uh, zoning designation uh, would typically include, uh, office, retail, uh, commercial uses that we typically associate with what's out there right now.

And, Mr. Mayor, planner, so, uh, retail, I mean, stores, restaurants, would that be included? um basically uh you know facilities that generate sales tax uh and also create the you know the the the culture that we want downtown or you know I know that you know I have a vision more for a culinary district. Um and that's that's one thing about the current zoning that I I really like. Now a couple questions about this particular uh proposal.

What's the setback from uh back from fountain a I'm sorry, Avenue of the Fountains? Uh currently, I believe it is a uh a zero foot setback from the uh from the front property line. So the the Mr. Mayor, planner, the building is going to be right up against the the sidewalk. Is that do I get that right? It will be right up against Well, it would be right up against the the property line.

And I believe that I'm not quite sure what if there's any gap between the sidewalk and the uh okay proposed building Mr. Mayor planner we're up against the rightway and that what's there. So you know here is a concern I have here is that this is a 40ft building. It's a tall building. Uh currently there's you know there's nothing there. The parking lot uh to the east of that is for the bank. It's there's no structure there.

If you're sitting at that Thai restaurant today you have a clear view of the fountain. You have a beautiful bill of view. You have a beautiful view of our avenue fountains. The infrastructure we have in place there. The you know this evening the palm trees are lit up. Uh you've got a great view. If we go ahead and do this now is a 40ft building blocking that view.

Uh, I know when I moved in here, I I I I still remember uh the first time I got my haircut in town and the lady that was cutting my hair was talking about the tall buildings blocking views and she told me that in Fountain Hills they weren't supposed to block views and that that resonated with me and that was something that was important to me. [snorts] Um, furthermore, I saw I think there's three commercial suites. Uh what's what's the intent for those?

Are those going to be just commercial or um you know are they going to be like realtor offices, law offices, you know, or are they actually going to be places that generate sales tax? I mean, are they designed to be retail or restaurant specific? Uh mayor, council members, I don't I don't think there have been any dedicated uh Okay. So, Mr. mayor planner.

I just my concern is that we're going to have three like micro units there that are not going to lend themselves to like an amazing Italian restaurant or Mexican restaurant or whatever kind of restaurant. They're going to lend themselves more to, you know, commercial offices. Commercial office space is something that is, you know, vacant most of the time. Really isn't going to add any culture or vitality to our downtown. So instead, we're going to have possibly vacant offices.

Uh we're going to have higher density. We're going to have more traffic. For what? I I think that this undermines the the um the vision of the people who started Fountain Hills. Uh it certainly blocks views. Uh brings in more high density, brings in more traffic, and it doesn't add to the culture of vitality there. Uh, so I have I have some questions and concerns about this. Thank you. Thank you, mayor. Uh, may I ask Miss Deamas a couple questions? Thank you. Hello.

I also have my architect here if there's any highly technical questions. Thank you. I just I I saw you jumping out of your seat on the previous comment. Can you provide more detail on what commercial types are expected in those three units? Yeah, we're seeking tenants right now and we're thinking we're hoping to get like a coffee shop as an anchor and then something along the lines of retail.

We think the size of these units is perfect for a local small business who wants to, you know, coffee shop, bookstore, th those types of units. Um, and so that's kind of our vision right now is stuff that supports the the tourism atmosphere of the Avenue of the Fountains. Thank you.

Um, and it it it sounds like you've listened to council's previous direction on that area when we've discussed our overlay districts that um, as my fellow council member mentions, we we do want things that increase uh, sales tax. And for these units, for the six residential units, can you describe on average? I understand is going to be different based off of bedroom count, but what what square footage are we looking at per unit? Yeah, they're going to be about 3,000 square feet per unit.

Um, so they're larger units and it's all going to be very private. There's so you would go up in your own garage, own elevator, you know. Um, we're really looking for tenants that want to participate in the downtown character and, you know, that pedestrian oriented kind of live, work, play element of the downtown. Um, but I have my architect if there's any questions about the architecture specifically. Yeah, thank you. I did have one more regarding that setback.

Um, do you expect those commercial doors to be right against the sidewalk? No. So, just to clarify, there is a five- foot setback. that's consistent with the adjacent building uh just down the street I believe to the west. Um so we are matching that same 5- foot setback. Um and by code the doors couldn't swing across the property line. Um so but they need to eress out for occupancy. So the doors would swing out um but they would stay within our property line.

So and then the front doors for the units do face the street as well for the units. So there are pedestrian access for the residents above to be able to engage at the street level. Uh which we thought was a really important part. We didn't want people just coming in their garages and um and then going right up to their unit. We want to give them the opportunity to be engaging um at multiple levels across the building. So thank you. And and I apologize, mayor. I have one more.

Um [laughter and gasps] um for the three commercial, it's looking from your plan as if those are kind of a frontward I guess of the building and then the residents e exit looks like it's inset a little bit further. Is that um like just an aesthetic thing or is that a security decision? Uh it it's both aesthetic and security. We wanted to give a little bit of privacy to the residential units so that there was clearly a distinction between the commercial spaces and the more private entries.

So that's why there's a bit of a screening element and a fence for each of those um as you go back to them. And then the glass is really forward to really signify that retail. Um same with you know again to consider views and down the um the avenue. That's why the the retail is actually stepped out 10 feet uh from the building behind. So the building itself actually from floors two and three steps back another 10 feet with a balcony above the retail um for each of those units.

So again trying to bring people closer to the street level um and and not be a street wall that's right on top of the sidewalk. Um, so we're really trying to be respective of views and create something that, you know, created some uh push and play of the facade so that there was some dynamic interest and not just a very flat um stationary facade. Thank you. Thank you both so much. That's all I got.

I'd just like to say I think this is tastefully done and it complements our downtown area and I like the fact that the retail is pronounced. Um, so I think that's a good addition and um, our planning and zoning commission voted unanimously I believe that night for this project. So I'm I'm really in favor of this. I think it's welldesigned. Thank you, mayor. I have councilman. Uh, just two qu questions.

Behind the stonework on the right above the commercial area, is that a seated patio area out for the for the residents? It would be partially. Yeah. And then there's Sorry, you step to the mic. Yes, that part of that would be a seated patio area. U we likely will have a little bit of mechanical equipment up there screened um depending on how we do the HVAC. Ideally, we'd like to keep everything internal as much as we can so that there's no noise issues.

Um but you know, we'll be working with our engineers to to make sure that you know, we do the most appropriate system for uh the building. That was my second question. The mechanical room where the elevator overrun is is only five feet tall. What was that? Sorry. The mechanical overrun for the elevator, yeah, is only 5 feet tall. So, so it's gonna is it going to be a building unto itself or is it going to be individual and then facades all around them? It'll be a small facade all around it.

It's got a small stair overrun as well for the roof deck up there. Um, but what we did was we brought them in on the edges so that again the visuals would be less less um um noticeable. So, if you were to go back to the elevations, you'll see originally we had a continuous linear bar that went from end to end. And we've divided into three smaller little nodes that extend up um to again try and keep it to the center so that your street views you don't see it.

Um doing visual studies that way to kind of your line of sight up. It's should be clipped so that it's back further within the perimeter of the building. seems like a good place to put the mechanical equipment as well from split systems rather than putting them on a patio where I want to sit and I'm going to have hot condenser air blowing across me and that that sort of thing. So So that uh my bigger concern was the overall height. Is there any seating area on the roof at all?

There is a a roof deck up there as well. Yes. So you going to have umbrellas on the roof deck that would take your height from 44T to something higher? No, that would still match the same height. The overrun because the parapit height in is um at 40. So your floor your finished floor is going to be allow for a 10 foot um space up there. So the max height we would be is 40 44 for everything inclusive of an umbrella stand on a table or a seating area. Yep. Yeah.

Because we brought the floor down below that. So where you see that top band, the finished floor is actually 48 inches below that. Oh, it's recessed. Y Okay. Thank you. So, we didn't want to have a railing, so we used the parapit to create the visual. Thank you, Mr. Mayor. Um, yeah, thank you all for your presentations. Um, Mr. Bondi, thank you for choosing our our town um and believing in Fountain Hills to build such a beautiful structure.

Um, I hope this gets approved tonight, you'll find other vacant lots and and do your magic because I think this is going to beautify our downtown. Um, I wish Patrick was from SPACK was here because I think he would concur that this this goes directly in line with our strategic plan, with our general plan. Um, I've been to this site on many occasions doing site inspections and, uh, I don't see any site blockage here at all.

Matter of fact, it's situated next to a bank, which would be on the right. Then the other side is a big two-story plus building, and that's where Clean Colonic is housed. but their storefronts are on the other side of the building and there's no there's no windows over there.

They have banners and so I I don't see there there would be any any businesses being blocked and uh again this is really exciting for our downtown to get something that's this aesthetically beautiful adding a chance for businesses that want to locate here to locate here and then have people that want to live here in our downtown. Uh I'm just a big fan. Thank you. Thank you, Council Member Calanakis. I just want to say we still will go through site plan incorporate staff comments.

This is just our land use portion of it. Um so but thank you for your time. Is there any more questions? I don't think so. I want to see if there's any uh comment cards. No, mayor. No. Okay. Um I'm going to close the hearing then and then I'm going to uh request a motion. Yeah. I'd like to offer a motion to approve. I'm sorry. Oh, I'm sorry. That's okay.

[gasps] I'd like move to recommend approval of the special use permit for up to six dwelling units, all residential units to be on the second floor or second and third floor with the stipulations listed in the staff recommendations. Second. We have a motion and a second. Can I get a roll call, please? Council member McMahon. I. Council member Laravey, I. Council member Earl, I. Council member Calabianakas. Hi. Council member Watts. I. Vice Mayor Skilicorn. No. Mayor Fidell.

I motion passes six to one. Thank you. We'll move on to agenda item D. Um I'm going to open a public hearing on this one as well. Rachel Farhad, it looks like you're going to be up for this one again. Is that right? Absolutely. All right. All right. Um just a reminder that this is uh a presentation.

This is regarding um legislation that was adopted by the Arizona legislature um HB2447 which requires cities and towns to authorize administrative personnel to review and approve design plans um based on objective standards. So that's what was brought before you today uh for your consideration. Farhad. Thanks Rachel.

Mayor, council members, as Rachel mentioned, this is in response to state legislation that was recently approved, recent being uh over the summer in which this bill was signed by the governor. And so, this bill requires all cities and towns to remove any subjective design guidelines or design standards um if they are contained within their respective zoning ordinances and replace them with objective measurable standards.

Um, also, uh, we do this anyway, but the, uh, legislation also asks that, uh, we allow administrative approval for design root review plans. Design review plans, and I'll get this to this in a little bit, but uh, design review plans is, uh, the language that the uh, the statute uses to refer to site plans. So, they're synonymous. Um and uh kind of as a a byproduct, a beneficial byproduct of this would be to maintain high quality contexts sensitive development outcomes uh throughout the town.

Uh we won't go too far deeply into this as it might be a little bit uh repetitive, but um uh all in all, this would eliminate the reliance on the subjective criteria that currently contained in chapter 19 of the ordinance. And once approved, this would be uh after the uh appeal period of 30 days. Um it will be effective December 31st of this year as required by the state. Uh what are objective design standards real quick? Uh they're not based on uh interpretation or taste.

A lot of the language might suggest that currently in chapter 19. Um it's verifiable by reference to adopted benchmarks or criteria and uses measurable terms such as shall or must rather than should or encouraged. Um it uses numeric values uh for example in with respect to architectural materials. specific uh numerical values associated with that or maybe separation distances um and also uh specific lists and and ratios um if they need to be included in those architectural review standards.

Examples would include, as I alluded to earlier, facade must include three materials. That is a an objective standard as well as walkways must be five feet wide rather than using terms such as shall or should or rather should or encouraged. So the old uh the current title I should say, not the old title is architectural review guidelines. The new title will be architectural review standards. Um, and it reflects the shift as I mentioned from discretionary guidance to enforceable standards.

And by the way, I do have um on hand here uh if you if the council desires to see it on the screen a electronic copy of the uh the proposed revisions if uh there's any specific provisions that the council may want to refer to. But here's a summary of the key changes. uh section 1901 1902 uh includes boilerplate language and clarifies the purpose and applicability. There were just a few instances of vague language there that w was removed.

Um and section 1903 adds measurable site planning standards such as walkway widths and reduced stacking distances for drive-throughs. Now I under underlined that um to uh make mention of the fact that the uh commission pointed out the fact that in one of the few instances where there was objective language um it was in reference to stacking requirements for drive-throughs. The current requirement is uh 11 vehicles for stacking at a drive-through facility.

We looked at uh since the commission meeting uh we looked at other municipalities and identified common practice was three to four for uses such as uh pharmacies and banks and for all other uses uh about six in some cases seven. Um so that's what we found in the majority of the uh municipalities here in the valley. Uh section 1904 gets really specific about required for facade articulation, color limit uh color limits and energy efficient features.

And by energy efficient features we talking strictly uh architectural features such as awnings and shade um and even uh uh roofing materials. Um section 1905 defines landscape quantities, signage integration and lighting limits. uh 1906 lists permitted and prohibited materials required for desert compatible colors and uh as kind of an administrative um item. Uh section 1907 clarifies those roles and the the appeal procedures.

Uh I mentioned earlier that uh the legislation uses the term design review plan uh which really is uh another term uh pointing to the site plan uh that we review during site plan reviews. And so I've uh we've uh included a couple definitions in uh in section 1 two uh in case it needs any clarification um when one reads chapter 19. and it also ensures consistency and legal clarity with the state uh legislation.

The intended outcomes uh is to ensure compliance with the state law and provide predictable consistent review uh and minimize delays through administrative approvals of these new objective design standards and preserve the town's quality and character design quality and character. uh commission recommendation. Uh last month the commission recommended approval unanimously uh in alignment with the staff's recommendation uh as uh presented before you. And with that I'll conclude.

Are there any questions from the council? Seeing none, are there any uh comment cards on this? Oh, I'm sorry. Of course you do. Of course I do. Thank you for HUD. The question about stacking comes up and three to four. Is that per lane or is it I mean some some local like I'll use Walgreens as an example have two lanes I believe. Would they have three to four per lane and then what would they do with the rest of that driveway because it's wide open and you could put seven or eight in there.

So first off is it three to four per lane or is it the aggregate of seven? uh Mayor, Council Member Watts, it is per lane and uh municipalities uh that we've looked at um specify that it's regardless of the number of lanes. Okay. All right. Thanks. No comment cards. No comment cards. Okay. I'm going to close the uh public hearing and then I'll ask for a motion. I move to approve as submitted. Second. We have a motion in a second. Can we get a roll call, please? Council member McMahon. I.

Council member Larby. I. Council member Earl. I. Council member Calabianakas. I. Council member Watts. I. Vice Mayor Skilicorn. Yes. And Mayor Fidell. I. Motion passes unanimous. Thank you. Okay. Our next agenda item is uh consideration and possible action regarding ordinance 2510 amending the town code chapter 6 subdivision ordinance to facilitate development. Rachel. Yes, Mayor.

This is along the same topic, but a a different presenter tonight, but it's still related to the HB2447 and the requirements that are um outlined there. John, I'll let you take it from there. Mayor and council, hopefully you're not getting too tired of HB2447, but this will be your last presentation on this particular item. We did one a couple of weeks ago because it was kind of quick and easy and get it on a lighter agenda.

The uh changes to the zoning ordinance were required to go through PNZ Commission. and that's why they were brought separately, but this is our last piece here this evening. So, as has been mentioned, uh the legislature passed this bill and required cities and towns to make some changes in the ordinance to help facilitate uh development. So, you pref previous previously looked at expedited plan review piece. Uh Mr. Travis just presented the changes to chapter 19.

The other amendments are in uh our subdivision ordinance. And so, there's two things in particular that were required there with regard to staff approval and at risk drainage permits. More specifically, the uh house bill included these two provisions uh that are adopted by ordinance and so land divisions, lot line adjustments, lot ties, plary plats, final plats uh to be approved by staff and then at risk uh drainage plan submitts. So how did we do that?

Uh so the main part was to go through the code and see where it made reference to PNZ and town council approving uh plats and most of that is in section two of the uh subdivision ordinance. I've listed here the specific places where changes were made uh removing uh planning zoning commission from the process.

And with regard to preliminary plat designating the development services director as being able to approve the preliminary plat but for the final final plat those would go to the town manager or a designate and then there were other miscellaneous uh changes in other sections to remove wherever it had the reference to things going to to council. The other main change uh with regard to state statute was to allow the atrisisk submitts for uh drainage improvements.

And so we did that by adding a section to 5.02 a new B at risk submitts. And so it has four main provisions there that's being done as required by statute. That at risk does not guarantee final approval. The applicant acknowledges the town is not liable uh if the plan has to be be changed and that it must comply with other ordinance requirements.

As long as we were in the subdvision ordinance making changes, there were a number of things that just needed update uh over time that we've kind of had on our back burner and this provided us an opportunity to do those. There are a number of definitions uh that aren't needed anymore uh that we removed. There were designations to departments and divisions and titles that weren't consistent with the organization today. So, we updated all those things.

We also have changed our submitt requirements. We no longer require paper and we do it online. So, we removed those and changed those to be consistent with current provisions. We corrected the penalty provisions and the process for naming uh streets and private subdivisions. Uh we fixed that to also be consistent with current current practice. So, that's an overview of all that was in the ordinance.

I know it was a long ordinance because there were a lot of scatter changes, but they were all again relatively minor and fit within those parameters. Any questions for me, Brenda? Oh okay. Vice Mayor. Uh, Mr. Mayor, Director Wesley, so I did hear you say that you can't submit um changes by paper anymore. Has any When's the last time someone's done it by paper? Uh, mayor, council member or vice mayor, we uh went to our electronic system in 21 or 22. I think it was 21.

So, it's been since we went to our citizen serve online process. Okay. And Mr. Mayor, director, and no one since 21 has submitted by paper, right? Correct. Okay. Any comment cards on this one? No, mayor. Thank you. Okay. Um, I'll look I'll look for a motion then if there's no more discussion. Yeah. I move to approve ordinance 25-10. Second. Motion in a second. I think we get a roll call, please. Council member Earl, I. Council member Larabby, I. Council member McMahon.

I, Council Member Calibian. I, Council Member Watts. I, Vice Mayor Skilicorn, yes. Mayor Fidell, I. Motion passes unanimous. Thank you. It's been requested we uh take a little recess. I think people need to stretch for a minute. Okay, we'll we'll take a 10-minute uh recess. Please get your seats. We're going to move on now with agenda item F, consider consideration and possible action relating to the authorizing staff to proceed with negotiating on plate 28. Rachel. Yes.

Our development our economic development director, Amanda Jacobs, is going to uh give a brief update regarding um an initiative related to our downtown strategy um as it relates to plot 208 and some potential negotiations. With that, Amanda. Thank you, Manager Goodwin, Mayor Council. So, for the past two years, staff has been working with the Plat 208 board on potentially developing two of their common areas. things have become a little bit more real.

Um, this past year there have been conversations in executive session. I had um permission from our attorney to state that. Um, so again, I know the public sometimes, why are we having these executive sessions? There's a purpose and when the time is right, we will make it transparent. And so that's why we're here. Um, is again, last year our council unanimously approved a downtown strategy. it hadn't been updated in 15 years.

One of the implementation strategies is to work with Plat 208 um on the properties we're going to show here. So, you'll see this common area that's partially owned by Plat 208 that is in the middle of Sophas and Fearless Kitty. It's a proposed restroom that plat 208 um and the town are proposing in this area and continues to be asked um multiple times a month of what is the what is the town doing? This is just a concept. I repeat this is a concept.

This does not mean it's an it's the actual Thanks. There's some laughter. We need some of that. It's almost eight. So, property two is between um the zab tie and we've talked about placemaking. Sometimes people are like, "Amanda, what the heck are you talking about placemaking?" It's creating that sense of place. So, if we go back here, um there's a couple of bushes, rocks, and and dirt. It's not very inviting.

And so, Vice Mayor Skilicorn on a previous item regarding Plat 28 is is we're wanting to revitalize and get people to our downtown. So, again, these are just concepts of adding tables and chairs. Are there murals? Are there shade structures? Are there lighting where people can gather? Where we can activate it and have many concert series like we're going to do this Thursday with our Centennial Concerts.

So doing more of those like the concerts on the avenue just activating in different locations. So again, these are all just concepts, my friends. And so on October 20th, the Plat 208 board did unanimously move forward to continue negotiations with the town. There was one um caveat before their attorney started drafting um an agreement, but it was for a representative of plat 208 to discuss with the im immediate impacted um businesses what our plans are.

I did have their permission last week to one daylight this and for multiple reasons is one again this has been an executive session. We talk about transparency let's show the transparency.

two come February we will be having a second council retreat and then so we'll be putting some numbers behind these projects to get buy in with the council and then of course uh before we can do anything if things continue along um this trajectory of of positivity um we will bring back forth to this body that um hopefully mutually um agreement of how we're going to use these two spaces And so, um, hang tight. We'll hopefully have more in the next 60 to 90 days. With that, Mr.

Mayor, happy to answer, um, any questions, receive any comments. Any any question? Are there any comment cards on this? No. Mayor, Councilwoman Earl, I'd like to move to approve authorizing staff to proceed with negotiating with Plat 208 on two potential properties for future town use. Second. We have a motion and a second. Uh, town clerk, roll call, please. Council member McMahon, I. Council member Larby, I. Council member Earl I. Council member Salivianakas. Hi. Council member Watts. Hi.

Vice Mayor Skilicorn. Present. Mayor Fidell. I. The motion passes. Thank you for your support. Thank you. We'll move on to agenda item G. Consider consideration possible action relating to invoking either a six-month temporary suspension of uh reports by mayor and councel and call to the public uh town attorney. Yes, mayor. Um so this uh agenda item is in response to a November 4th, 2025 Fountain Hills resident Bethany Culp delivered a notice of claim to the town.

Um in that claim, she alleges that statements made by not only council members but also members of the public included essential words of Christian theology in violation of the establishment clause. Um so this this agenda item is in response to that.

Um, without addressing the merits of the claim, I am recommending that the council either adopt uh resolution 2025-42 to um approving the Fountain Hills Town Council rules of procedure uh to amend and amended and restated um which removes the reports by mayor uh council and town manager and the uh call to the public from the rules of procedure or uh initiate a six-month suspension.

The CULP complaint demands the council um implement and or adopt procedural safeguards to prevent council members and members of the public from making comments that include what the complainant claimed were essential words of Christian theology. And so the um that's why that this is the these changes uh to the rules of procedure are an attempt to balance the first amendment rights of the community against the threats of lawsuits.

Importantly, the CULP complaint seeks to demand the town engage in constitutionally prohibited viewpoint content discrimination by prohibiting speakers from including any statements of faith and taking that approach would invite a civil rights complaint and subject the town to potential financial liability.

Um so this these two uh uh removing these two items at least temporarily um are reasonably calculated to um a avoid any potential um civil rights complaints if you were to engage in the conduct suggested and uh to prevent more abusive complaints um on these topics. Um so in the draft changes to the rules. So we have both the option to suspend them for six months um or to adopt the um the changes to the rules of procedure.

Um that the changes to the rules of procedure um bas adopt exactly what I said and then they also um so they they remove the two agenda items um and the document and make um conforming changes to other for conforming changes. I also updated the statement of participation um that was revised to comport with the existing rules of decorum as specified in rule 6.4B3 which prohibits applause. Thank you vice mayor. Thank you Mr. Mayor. I do have a question for the our council.

Uh is is this your legal advice to pass this? Yes it is. So, I'd like to make a motion to approve a uh to approve and adopt resolution 20 2025-42 approving the Fountain Hills Town Council rules of procedure amended and restated November 18, 2025. Second. I have a comment. I have a comment. Go ahead, Peggy. Are there any um comment cards or the public? Did you ask that question already? That's a question that I'll I was going to ask. I was letting you speak first.

Um well, is that how we usually do it? Yes. Okay. Am I I'm I'm unfortunately this is an agenda item and the rules of procedure have previously been revised by this council earlier this year and a few times by the majority on prior councils that included removing our code of ethics and our ability of our residents to file legitimate ethics complaints against council members for alleged violations of ethics.

All done without shutting down call to the public or council members participation reports. To me, call to the public enables our community members and others to stand before council and participate in their government by communicating their concerns in person, even when making personal attacks against council members that include lies and misstatements and threats of lawsuits.

I know like other council members I've been repeatedly attacked numerous times over the years but you know the we didn't shut down call to the public because of that um and even at the last council meeting um when Beth stood before council and respectfully provided notice of her intent to file a lawsuit alleging violations of the establishment clause by certain council members. ers and members of the public that should not have been allowed in my opinion by the mayor.

Yet, you did nothing to stop the inappropriate religious statements and Bible quoting. Thereby, I think you've created the situation we're now addressing. And I don't think shutting up call to the public and council reports is um I just think it's unnecessary and without merit.

Um, also merely because a few members of council have intentionally misused the purpose of council members statements of participation reports for personal use and I'll go and say it, religious use should not mean that all of us on council should be prevented from making our professional reports.

Such statements of participation also do not impede the town attorney's ability to perform her responsibility to analyze a customary legal complaint lawsuit filed by one of our residents or prepare a draft of the rules of procedure. further developers and like I've said before other people have stood before council and literally threatened lawsuits and we didn't shut down call to the public or our ability as council members to report on our responsibilities and what we're doing for the town.

The prior mayor did not overreact and shut down call to the public and the prior town attorney also never asked to shut down it down while he was performing his everyday legal duties to the town. To me, like I said, this is overreaching and a needless request to abridge public participation by preventing our residents from participating in and with their government and holding council members accountable at an open and notice meeting.

The majority on council, like I said, removed our needed code of ethics and the ability for our residents and others to file ethics complaints and now may may remove the call to the public. I am concerned that those who participate in our government through call to the public will speak to council by the only formal means available to them, filing more complaints with the AG's office and lawsuits to have their voices heard and hold our council accountable, including myself.

I don't think that that is the result that we are seeking here tonight, but it pro but it could happen. And again, even though the statutes don't mandate that we have called to the public, it doesn't matter. We have always had call to the public and we have not suspended it nor removed it, especially for what I think are self-interest reasons stated in the agenda to prevent people from saying things that may not be to your liking. To me, it's shutting the town up for more.

It's setting the town up for more complaints and lawsuits, which we can't afford. And lastly, I can't help but think how convenient this is to obstruct and remove call to the public and council statements of interest in an election year, which to me is self- serving by the mayor and the town attorney at the expense of our residents right to participate and stand before its own government. No disruptions. No disruptions are allowed during this meeting.

I'm going to ask you all to leave or I'll shut this meeting down right now. Councilwoman Larabby. Thank you. Um, regarding specifically the council reports, um, actually tonight we had a little bit of an example of why this is a conflict. We had council members that discussed an item that is on the agenda during the council report, which is not something that we're supposed to be doing.

Now, I would very much, you know, I I'm not going to interrogate a fellow council member, and that's not what I intend to do. But through the mayor, I would like to hear the details as to why my fellow council member specifically what is malicious about me memorializing my friend. I would like to hear the details really because that's what was just claimed that it was for malicious intent that I spoke about my friend six days after he was publicly assassinated.

Now, understanding that this is legal advice from our attorney, I am voting in favor of this because we can either restrict my ability to talk about faith. We can either restrict what the council members are able to say in their reports and therefore their first amendment right or we can remove that report and not have ourselves between a rock and a hard place.

If you want to restrict what is allowed to be said, including my first amendment rights, that is not something that we can realistically do because we are not required to have reports. It is best to remove that. Now, as for call to the public, frankly, call to the public is intended for the public to give their ideas to the council for themes that are not on the agenda.

If there is an issue that you feel is not being addressed, if there is an issue that you would like to bring to the council or suggest, that is the original intention of that. recently that has been abused. A and I'm not afraid to say that. I have had to sit there mere weeks after again the horrific death of my friend and mentor and hear as lies were said about him. I'm sorry, but I'm taking the toy away. I have a comment. Council person Khali Vianakis. Thank you very much, Mr. Mayor.

Um, it's so unfortunate that we have to have this conversation tonight, but we do have to have this conversation tonight. Is your voice is the public's voice welcome in this council or is it not? That's what I'd like to ask. The first order of business we did tonight was take the call to the public and make you poor people wait till the end of the night in order for you to even get to talk. That's just an example of how they really don't want to listen to you. And it happened just tonight.

[applause] Now we're going to take a 10-minute recess and Okay, we'll try this again. Council person. Thank you, Mr. Mayor. Um, what seems to me is this is going to be a Fountain Hills only deal because all throughout the country, town, cities and towns everywhere have the call to the public. The call to the public is the bond that we have with you, okay? Our constituents right, left and center, okay, to hear what you have to think, what you think we should be doing.

We had a call to the public uh for um Italian uh American Heritage Month and the the the fountain was changing colors because it's a call to the public as could you do that for Italian Heritage Month that was initiated on the call to the public and that was a good job. Actually it was not and that was a good job of us listening. I think Steve Bio asked for it. Actually it was not it was before that. We'll pull the tape on that. Anyway, I appreciate not being interrupted and and proof checked.

Anyway, um and the other part of this is the the council reports, you know, us telling you what we've done in between council sessions. I I think that's very important because I I told you before the all the committees I'm on. I I want you guys to know I'm working hard for you and I think I think we all should be telling you what we've been doing in between council sessions. I do a lot and it's never it's not reported in the newspapers. I don't put it on my Facebook page.

It's it would simply be forgotten unless I have those what used to be unlimited time now two minutes to tell you the people that voted for me and the people that didn't vote for me what I've been up to. So, I get to talk to you and you get to talk to us and that's how this works.

The the solution by our town attorney when she said, "Oh, well, this this was just um a statement of faith that was made and they're making a big deal out of it." I would say that was not a statement of faith that we witnessed that night. It it was proitizing and it was declaring the Christian Lord the one true God. That is violation of the establishment clause of the constitution. I went to law school. I studied this and we should we should not be doing that. Town attorney. Yeah.

If you want to discuss the legal merits, we should step into executive session. I will continue. And so it seems to me that this is not having to do with advice as far as legal advice, but the advice that you did give us was the most conservative advice that you could have given. So conservative it's going to interfere with the relationship between the voters, the constituents, and the electeds because it's so conservative it's stifling the speech. That is that is what democracy is all about.

This is what we're doing. We there there's no pallet bureau. There there's no establishments. There's no elites. It's us listening to you and what you want for your town. Do you want that bathroom? Do do you want these services or do you not want them? Would you rather have us spend the money on the roads? And we hear from you all the time. And we set policy based on what we hear from the town. Now, council council person, those are all agenda items. People have the right.

We're not taking away comments on agenda items at all. And also, uh, just so you know, in the article written by the Arizona Republic, they said that government bodies aren't obligated to provide public comment. That's in their article that I think you were quoting. I think I still have the floor. I still have the floor. You do. Thank you. I try not to interfere with other speakers and I'd appreciate the same respect. True.

Now, the impact on what we're doing tonight and on and local government is going to lead to a decrease in civic engagement because public participation in government is crucial for a healthy democracy. Removing the opportunity for people to comment will discourage residents from participating in their local government and even coming here. If we can't speak to you, we're not going to come.

It's going to increase public frustration when residents feel like their concerns are being ignored or they have no voice in the decision-making process. It will lead to increased anger, protest, and more contentious political environment, which is the opposite of what we need in this town. We need he and peeling. Healing and peace. It will also stifle discourse. Criticism of the government is at the core of constitutionally protected speech.

Eliminating the public forum can stifle the important debate lead to an echo chamber where councils only hear from those people that are on their side, so to speak. I'll I'll try to wrap it up here, but that's the downside. That's the the the upside of keeping the call to the public is enhanced transparency, accountability, and better decisions made through your guidance. The elect the people that elected us. It's going to stifle your voice, stifle your representation.

It's it's going to hold us less accountable because we we won't have to sit here and listen to you when we make mistakes. You just won't have a voice. It'll decrease civic engagement and it'll decrease the ability for us to identify issues that are important to you. And that's what we should be doing, identifying what is important to you. And the only way we can do that is through this public participation that we have here at the council meeting.

Of course, we all talk to people at the Safeway and the bowling alley, but the the most effective way is to hear you and have have this discourse late like we have tonight. And so, thank you. And so, lastly, I just have a little more. Okay, with due respect to you, Jerry, I'll I'll limit my content comments, but I just I just want to add that I I wish this council because I I think I know which way this vote is going.

I I wish they would consider that this is going to be seen by by the public, by the press, and by the people that live here as a trampling of their right to speak to their council. And it's not going to lead to anything good. And I will say this um we are not missing any inter we are not missing any interaction with our with our um constituents. We have emails, comment cards, social media. You do you personally do reports in the Fountain Hills Times every single week or every other week.

Um so we're not we're not missing what people are saying there. Can you tell me what you're referring to? Because I I don't think I have a column in the Fountain Hills. Well, it sure seems like it. Anyway, um you have you have repeatedly That's a misstatement and and a lie. No, it's not. You have repeatedly thrown this town and council under the bus numerous times in articles because I talked to the media, Jerry, which you're afraid to do. I speak inappropriate. You're inappropriate.

Point of order. I thought we were trying not to interrupt. We're clear. We're clearing this room right now. This meeting is cleared. What an idiot. Okay. Thank you. Town clerk, do you want to announce the uh first three speakers? Yes. Um, first up will be uh Susan De Janeara. I know. [laughter] Okay. And then uh followed by Crystal Kavanagh. And then last uh Jonathan Filipe. Philippe. Philippi. Thank you. [laughter] Or are we okay? Mr. Mayor, council staff.

Uh, my name is Susan Djaro and I'm a six-year resident of Fountain Hills. A leader is defined as one with the ability to inspire, guide, and influence others toward a shared goal while empowering them to grow. I actually asked the town's AI, Misty, but she had no idea what I was talking about. Uh, for the past few months, I have had the honor of being part of the latest class of the Fountain Hills Lead Leadership Academy. Most of you on the dis are alumni of the program.

Councilwoman Earl, Councilwoman Cal Calvin Ganakus. I knew I was going to screw that up. Councilman Watts, Council Member Larabby, and Council Member McMahon. All of you have been uh alumni of the program. I have learned a great deal about leadership in my time in the program. The mayor himself even came and did a presentation with sections on quote working together and appreciating and quote appreciating our neighbors, residents and organizations and staff.

During our time there, it became very apparent that this town runs on volunteers. We do an amazing job here of keeping the residents engaged. In our class, there were a variety of very strong personalities with different opinions that were sometimes expressed, shall we say passionately. What I came away with was an understanding to be a good leader, you needed to listen.

I also learned that oftentimes when people show their passion, which may be presented as anger, that that anger is not about me, although it may be directed at me, I cannot take it personally. As a leader, it is incumbent upon me to listen, try and understand, and try to help to keep our citizens engaged.

Voting against this measure would show this town and its people that you are the leaders that are forged from our very own leadership academy, that you value transparency, that you value the voices of all the people you represent, especially if they don't agree with you. Other towns do this. So the idea that we are special and that there are some legal reasons to stop the public from taking part in their government stands against what we should stand up for. It's overreach.

And the idea that my voice is a toy that can be taken away is not indicative of leadership. Thank you, Crystal Kavanagh, Fountain Hills resident.

I have used the call to public portion myself many times to bring up various topics that were important to many in this community, such as the unrestricted proliferation of drug treatment houses in our residential neighborhoods, iffy behavioral health businesses attempting to come into Fountain Hills, or significant concerns about highdensity housing with exemptions from following our ordinances.

I've also used it to both defend council and to call out council regarding town issues or simply setting the record straight about accusations about myself or my local pack. But call to public has become increasingly weaponized with organized attacks, legal threats, and misinformation to the point that it has been disruptive and interferes with carrying out town business, not to mention negatively affecting the reputation of Fountain Hills.

So sadly at this point I can understand why the option would be to remove call to public and to shift to written input from citizens for broader issues and concerns not on the agenda. Citizens of course should still be able to speak to specific agenda items. And if CTP remains or it would be restarted at some point in the future I would strongly consider positioning it at the end of the meeting and I would put it a little sooner.

I'd put it before your future agenda items because perhaps something would come up in that call to public at that time that you might want to address. As far as discontinuing your reports portion, that seems like a great solution to shortening the meetings. Reports are often repetitive anyway depending on the events or ribbon cutings occurring in the period. council face councilman or women Facebook pages or our town website may be a great place to submit these weekly updates if desired.

Thank you. Good evening, Mayor Fyidell and council members. My name is Jonathan David Phippy. I am 13 years old and I am a student at ASU Prep Digital. My family planted roots in Fountain Hills in 1978 when this was still a young community. I am the fourth generation to call that called this town home. For nearly 50 years, we've witnessed Fountain Hills transform from a desert development into a true community, one built on the voices, dedication, and active participation of its residents.

That's why we stand before you today in strong opposition to both resolutions, the six-month suspension of call the call to the public and council report. And even more urgently, the permanent elimination of the general public comment at the town council meetings. This isn't the Fountain Hills way to suspend or eliminate this forum would fundamentally change the character of our town.

It would tell residents that their voices don't matter unless they happen to align with whatever specific agenda items the the council chooses to discuss. It would shut out the very people that make this community worth governing. This is why this is the wrong response to the wrong problem. Let's be clear, silencing the entire community is not a a proportionate or appropriate response to one legal complaint. The solution to controversial speech is not to eliminate all speech.

The solution to one person's complaint is not to punish thousands of residents by stri stripping away their democratic rights. The answer is better is better. Meeting management, clearer guidelines, and leadership willing to enforce them fairly and constantly, not a wholesome retreat from public engagement. Four generations have earned the right to speak. I am learning what it means to be part of this community.

What lessons are you teaching myself and my peers if you tell them that our community voices don't matter? That public officials can simply silence dist dissent when they be when it becomes inconvenient. That democracy is conditional existing only when it's easy and agreeable. That's not the Fountain Hills legacy. I want to be left. Transparency cannot transparency cannot coexist with silence. This looks less like prudent legal risk management and more like circling the wagons.

It sends a a message that the council is more interesting is interested in avoiding criticism than listening to the community it serves. Fountain Hills residents aren't the problem here. We're not the ones under investigation. We're not the ones who've generated ethics complaints and legal notices. We're simply trying to do what residents have done it for decades. hold our elected officials accountable and have have a say in how our town is run. We are not alone in this concern.

We've spoken with our neighbors, with friends. We have known for 40 years with newcomers who've moved here specifically because Fountain Hills felt like a real community. The overwhelming sentiment is disbelief and frustration. People feel blindsided. They feel betrayed. Our request, I urge you to vote no on both resolutions. One, reject the six-month suspension of call to the public and council reports. Two, reject the permanent elimination of general public content and applause restrictions.

Instead, we ask you to address the specific legal concerns through proper meeting management and clear guidelines. Maintain the democratic traditions that have served this community for nearly five decades. Trust the residents of Fountain Hills to be thorough, thoughtful, engaged participants in their own governance. Remember that you work for us, not the other way around. In conclusion, historically, the people of Fountain Hills have always had a voice.

Don't be the council that takes that away. Don't be remembered as the leaders who respond to accountability by by silencing the community. Don't teach the next generation, my generation, that democracy is something that can be suspended when it becomes inconvenient. We ask you to vote no to find a better way forward. And remember that the strength of Fountain Hills has always been its people. Not in spite of our voices, but because of them. Respectfully submitted for your consideration.

I hope you have a good rest of your day. I am very sorry to inform you I missed my rehearsal because of this. Yes, Mayor Council. So, for the record, I'm against getting rid of call to the public, even though I don't generally use it, but I was going to use it tonight because I wanted to address some town business. Get you guys to address staff to take care of some town business. So, [clears throat] maybe I'll get to do that.

But I fully recognize that the process has been abused probably since 2022 I would say. Um it's been used now to hear about Councilman Skilicorn speeding tickets. Um how evil Rod is. Uh attacks on various people on the deis. It doesn't matter who you are, which side you're on, you get attacked. I don't think that's what Call of the Public was intended to be. Even Council Person Calvianis in her example of the fountain and the Italian lights, to me, that's town business.

I would like the fountain to turn the colors of the Italian flag for Italian Heritage Month. town business, hearing about how bad the mayor is, how evil Hannah is for having faith and uh moral and a moral um compass is not it's not what it was intended to be used for. It was intended to be used for town business. You want some roads fixed and you're not happy? Say something. You don't like the color of a building downtown? Say something.

This mob that has taken over part of this town and I will be easy. It will be easy for me to say that is the cause of this. Not me. I speak to agenda items. This is an agenda item. I don't want call to the public gone away. Quite frankly, if you want to leave it at the end of the thing, you know what? Sit through the whole meeting. You just might learn something and you might have something to say at the end at call to the public.

So, while I disagree with our council, I think getting rid of call to the public is I'm collateral damage. People like me are collateral damage to the children that have ruined us. And these pre-written statements that are read by people and written by other people, that's another abuse of the call to the public. See any notes here? You need to be at least literate enough to speak for yourself, not read somebody else's voice. I just heard one.

Sorry for that young man, but there's no way that that 13-year-old wrote that. He read he's a great reader and he's a good orderer. Yes. Hear them. Sorry. That's my opinion. keep call to the public. Put it at the end and maybe we'll get back to town business. Thank you. And mayor, I'd like to state for the record that that was Larry Myers. Sorry. That's okay. Um I'll just go ahead and call up uh Shelby Blacker. Good evening, mayor, town council, and staff.

My name is Shelby Blacker, Fountain Hills resident. Um, I did write some of this, but I got most of it from the internet on a Google search. So, sorry, Larry. Um, I know the agenda item deals specifically with this six-month temporary suspension, but what is the cause that facilitated the need for this agenda item? A notice of claim by Beth Culp based on the establishment clause of the United States. Now, I'm no attorney, but I can easil easily grasp the concepts of this clause.

So let me read from what I googled. The establishment clause is the first of two clauses in the first amendment of the United States Constitution that guarantees religious freedom. It states no con it states Congress shall make no law respecting an establishment of religion. Now the core purpose the establishment clause serves to prevent the government from creating an official state religion or excessively entangling itself with religious institutions.

The Supreme Court interpretation in tests state, "The Supreme Court has used various tests to interpret the establishment clause. Historically, the lemon test required a secular purpose, a primary effect that neither advanced nor inhibited religion and avoidance of excessive entanglement.

Other tests have included the endorsement test, focusing on whether a reasonable observer would perceive government endorsement of a religion and the coercion test which considers if government action compels religious participation. More recently, the court has indicated a shift towards interpreting the clause based on historical p practices and understandings. Now, I have never felt compelled.

No one held a gun to my head and said, "Bow down and pray, sinner." Nor have I ever felt that anyone on the dis was endorsing religion. And for the most part, I'm not a religious man. I stand during invocation simply out of respect for the other people's beliefs. Personally, I think a reasonable observer would conclude after reading the culp complaint that it simply doesn't hold up. The bucket is full of holes based on what I just outlined.

So to remove the rights of all of us for even six months while this is sorted out makes me angry and sad. I'm angry at CULP for once again wasting our time and sad for all of you because you will suspend our voices for six months and lose the opportunity to possibly hear about town, city, and state things that may fall under the radar like toxic waste coming from Arizona to Los Angeles. from Los Angeles. I get it. Once again, it's the one bad apple spoils the whole bunch mentality. So be it.

If that's the price the residents of the town have to pay because culp wants to sue the town for a thousand bucks and an apology, then go ahead, suspend our voices while you sort this out for six months. Thank you. Next up is Katherine Mrick. Good evening. I'm Katherine Mrick, a Fountain Hills resident. Um, so this morning I was preparing remarks for tonight and I did prepare them myself.

Um, and then I looked back at the agenda and I realized that this article has changed from just a pause to an entirely new resolution that would cancel public comment entirely. So I looked back at the current rules of procedure which says the content of the agenda may not be changed less than the Thursday prior to the meeting except in exceptional circumstances which left me to wonder if the exceptional circumstances were fear of public backlash or something else.

Regardless, my comments are similar. I do not understand how you think you can do your job as mayor and council if you are not hearing from the citizens you were elected to represent. Similarly, your reports are part of the way that you let us know what's going on and where you're spending your time. I've been on public boards. I've chaired them. And I know it's not easy. Listening to those who oppose you. And keeping calm and in control while listening is also not easy.

Um, it's also hard to hold the same standards of time and subject matter to those you agree with and those you don't. But it's what you were elected to do. Changing the rules so that you no longer have to listen to your constituents may be convenient, but it's not good governance. If we're going to work together, we need to be able to have public dialogue about any matter related to Fountain Hills.

The proposal today would remove that dialogue about anything that you don't see fit to put on an agenda. The current rules of procedure you have are straightforward. They're specific and they should be easy to follow. The majority of Miss Culp's claims referenced in this agenda item would not have come about if the current procedures were followed. Call to the public must be for matters that are within the council jurisdiction and it's restricted to three minutes.

Your reports 2 minutes about town events and activities. There's no need to change procedures. You just need to follow them. Thank you. speakers. Yeah. We're going to switch to maintain Okay, first up we have Eric Landau, mayor and council. Little hectic tonight. Uh Eric Landau, 27year resident.

There is no legitimate need to suspend call to the public, nor the reports here of town officials under the pretext that the pending lawsuit filed by Bethany Culp somehow justifies stifling the public airing of either one while specifically seeking to silence residents ability to speak on matters of concern. This is simply an irrational pretext to further the current mayor's desire to exercise authoritarian rule in this chamber. It must be rejected. Thank you. Next up, we have Beth Culp.

[clears throat] My name is Beth Culp and I am a current resident of Fountain Hills. To my knowledge, this is the first formal notice of claim filed against the town of Fountain Hills for violating the constitutional rights of residents. Historically speaking, it is a one-off. The rational response to this isolated claim is not to throw the baby out with the bathwater and deprive residents of their longstanding right to bring their concerns and criticisms to their elective rep representatives.

I am not buying the town attorney's justification that because my complaint is based on comments made during council reports and during the call to the public that that justifies suspending the call to the public or the reports. The violations I complained of in my notice of claim was council member Skilicorn procilitizing council member Toth procilitizing and Ben Larabby using the call to the public to eulogize Carlic Charlie Kirk and to procilitize.

So what I see happening now is two people violated residents constitutional rights. The mayor failed to enforce the rules of procedure that require that calls to the public address matters within the jurisdiction of the council. And since when is it within the jurisdiction of the council to address ragefilled eyes of the radical left or the toxic lifestyles of others?

The solution here is not to get rid of the call to the public or to take away the right of conforming council members to report on their activities.

The solution here was and still is for the mayor, the presiding officer, if they see a council member straying in a report, going into their personal or their biblical or whatever it is interests to use his gavvel gently to counsel a member of the public who is not addressing a matter within the call to the public to stick to matters within the call to the public. The solution is not to radically deprive residents of their rights. And I have to say like many that I think this is a whole ruse.

It's a sham. It's it's a a total farce to take my complaint. This is not about my complainer concerned that civil rights would be violated. It's about a mayor who's afraid to take criticism, who knows that if he does face criticism, he is going to lose his temper. He's going to order deputies to clear the room. This meeting was a travesty tonight, and I can only sense that there's more to come. Thank you. Next up is Veronica Holsy. Thank you. I'm Veronica Holy. I'm a resident of Fountain Hills.

I came to my first council meeting two weeks ago and was overwhelmed by what I witnessed. The council members are elected to serve the public. There shouldn't be a priority of a religion, a private agenda, or shutting out others. I've never been in this type of arena before and I have a lot of experience. The call to the public, the voice of residents, which brings awareness to the council. It's a necessary temperature check of those whom you were elected to serve.

Whether you agree with what they say or not, or whether you like them or not, show that you care by allowing them to speak. That's a basic need, a basic right. Above this, the call to the public is a simple three minutes for a Fountain Hills resident to feel that they matter, that they belong to this community. Such a little thing with a huge impact. I was a certified mediator through the Superior Court of Arizona and I mediated community justice course cases for years.

If the council pauses the call to the public for six months or completely eliminates it, this action will cause a reaction, a spiraling effect. And we saw that tonight. Here's what will happen. A significant amount of time and effort will be spent from all of us. Yes, the council, too. And by the way, I'm midline on things. So, I'm just here because I I have to speak up. So, it's the council 2 protests, media reports, investigations, legal complaints, lawsuits, campaigns.

This negatively impacts every one of us on both sides of this, every one of you. It tarnishes the reputation of our town, makes it less appealing for tourists, impacts event attendance, and deters from wanting to move to Fountain Hills. I have heard this myself. No one wins. The council was elected to represent all Fountain Hills residents. For those who do not want to speak, don't speak.

For those who do, allow them to use their voice and to feel like a part of this community by maintaining the call to the public. Thank you. We'll have to switch Yes Lord. First up is Wendy Corey. Good evening, mayor, council, everybody. I'm Wendy Corey. I'm a resident and I'm here tonight as a resident who has officially hit my limit with the monthly performance art that passes for public comment from the same small group that we've all been witnessing in every single meeting.

This isn't civic engagement. It's radical political activist theater. That's all they want. Everyone I know believes their goal has never been to help Fountain Hills. Their pattern is so predictable. Arrive early, ready to disrupt, derail the agenda, accuse anyone in leadership of corruption, and then go on social media and to the n town paper to claim that they are the victims, crying that they've been silenced. The same choreography every single meeting, every single time.

This behavior isn't limited to these chambers. They extend the rage to also the town community center where they hung a Trump head last year with nasty writings all across the face in retaliation to a perfectly fine Republican club Christmas tree. Ridiculous. Uh the wreath drew national attention and that is exactly what they wanted. The pattern, the stunts, the spectacle, the screaming victim and zero solutions. never have any solutions, just theater.

Meanwhile, Mayor Fredell has shown the level of patience that most leaders could only aspire to. He has allowed open dialogue, tolerated constant interruptions, and the whole council has endured endless personal attacks, all in the name of fairness. But fairness does not mean allowing the same handful of radical people to hold the entire town hostage.

So when he moves to temporarily suspend call to public because it's being abused every single meeting by the same radical group, that is not censorship. That is responsible leadership. Leadership that is also protecting the integrity of these meetings so that the actual town business can be done. Let's be honest, the real threat to open government is not the mayor.

It's the radical liberals who weaponize public comment to hijack the process, drown out reasonable voices, and turn every meeting into a radical liberal activist circus. These residents see right we, the residents, see right through their antics. I stand with Mayor Fidell and our town council. I stand with order, civility, and adults acting like adults, not these children that were in here tonight.

And I sincerely hope that this council recognizes the difference between genuine public participation and deliberate political activist sabotage because the rest of us see it very very very clearly. Thank you. One more thing if I still have any time is we have the agenda items. People can still come up. That's it. They can still speak. Thank you. Good night. and I love what you're doing. Kimberly Bartman, thanks for letting us come back and speak.

Um, I don't know where to start, but everybody's said a lot of great things. Um, [sighs and gasps] we can agree on supporting the Extended Hands Food Bank. We could agree tonight uh the mayor's veteran of the month, United States Air Force, Lieutenant Richard Jutin. We can agree that Make a Difference Day. make a difference day is something we can all agree on.

We can agree on, you know, economic development, the turkey trot, Thanksgiving Day parade, the mayor raising money for people to for the extended hands food bank for whoever beats him in the race. And I hope that I beat you, but um the and volunteer organizations, there's so many great things. parks and wreck, hiking, trails, views, this wonderful hometown. But this divisiveness and to try to take away our freedoms to speak and and share and for all of you to share.

You get to tell us what's going on. We need that, right? And and please do not take that away. and the negativity the that um Skilicorn has said that he's going around saying that that Fountain Hills um he said in public that he's the vice mayor. He said this is going to be the Charlie Kirk Freedom Center and he's already using that term. We need to have voices. Thank you. Yes. Is that the last speaker? Yes. Mayor, may I state for the record? Uh, the town received 11 written comments.

Uh, 10 with the position against and one with a position four. And that is the last of our speaker cards. Thank you. Councilwoman, I'd like to call the question. Oh, but when I vote Oh. Oh, wait. Wait. Can I say something? Sure. Because I can't say it later.

Um, I am going to be a yes vote on this, but I do want to make a statement that I am requesting that we have a council work session to more thoroughly review and amend the rules of procedure, including considering ways to revisit the call to the public. So, I don't want this to be the end of it. I just think we need to get together, get clear on what we need to do, and and bring that back at some point hopefully. And I'll second the call to question, but I do have a question.

It's been a little bit What's the motion on the floor? No, there was a motion made earlier and the motion um Vice Mayor Skila Corn made the motion to um approve and adopt resolution 2025-42. And I believe it was seconded by council member Earl. It it was seconded by me, but I just wanted to make sure which option we were going with. I'm sorry. [gasps] A a So, we have a motion and a second. Um, Councilwoman Earl, I agree with you. Excuse me. I'm I I was talking.

I agree with your suggestion about a work study or session to uh review this to bring it back u after f further investigation and consideration. Uh Councilwoman McMahon, thank you. What is to clarify the motion, please? Because there's a couple different motions written in the staff report. And in addition, I think that perhaps we should table this, for lack of a better word, right now, and move to go into a work session to discuss it further. Mayor, there's technically two motions on the table.

The first motion was the one um by council member Skilicorn, which is option number A. Then there was a motion to call the question. So, we're actually on the motion to call the question because that was done and then seconded. You voted. So, but I'm still I still want clarification because AB C D are involved in could be involved in a motion. Okay, let's take care. Let's take Peggy. Let's let's take care of the call. The question first. So, that motion was made and was it seconded? Okay.

Yes, mayor. All right. So, we're going to vote to end discussion. Uh, roll call, please. Okay, Jerry, excuse me a minute. Are we voting to end discussion or what? Please. Yes. The call of the question was was made and seconded. Thank you. Roll call, please. Council member Watts. No. Council member Calvary. I council member McMahon. No. Council member Larabby. I. Council member Earl. I. Vice Mayor Skilicorn. Yes. Mayor Fidell. I. Motion passes four to two for the call to question.

Call the roll call for the I'm sorry. 5 to two. It's long. So, we have the original motion and a second on the table right now. Uh, we need a roll call on that, please. We've stopped discussion. Yeah, I think I think I think Peggy just want to know which one we're voting on. Yeah, I think so. That should be Yeah. Just verify the motion please. Speak into your microphone. A did you hear that Peggy? Yes.

So the m the motion is on a to approve to adopt a resolution and do away with call to the public and council comments. Is that it? That's correct. Thank you. Roll call, please. [laughter] Uh, Council Member McMahon. No. Council member Larabby, I. Council member Earl, I. Council member Calivianis. Nay. Council member Watts. Permission to explain my vote.

I I think each one of those speakers brought up interesting points but with one exception that this is not about really curtailing the call to the public and I do agree bringing this back at some point to look at it to figure out how we can accommodate because there's a lot of positive input good constructive input from in the call to the public and there's a few troublemakers in the audience and the troublemakers are really the ones I can point fingers at and if they were sitting right here that's exactly what I'd do because they caused this.

They caused it at the last meeting. They caused it at this meeting. So, I'm going to be vote an I. But I really hope we can bring it back in short order and have conversation that's constructive so that we can figure out how to curtail the poorer, if not bad behavior of the audience. Vice Mayor Skilicorn. Yes. Mayor Fidell. And I'm going to explain my vote as well. I think we definitely need to bring it back and we will in short order after a work work group is put together um to get this done.

So I I'm an I. Motion passes 5 to2. We'll move on to agenda item H, which is consideration and possible action regarding resolution 2025-37, codification of English as the official language. Rachel, Mayor, this was discussed at our last meeting. This is bringing forth the actual motion um to codify the discussion from last time which is to um follow suit with a presidential order that was given regarding English as the official language. Vice Mayor. Thank you, Mr. Mayor.

So the reason I kind of move this forward is I just believe it is patriotic uh to codify President Trump's executive order and it is uh 14 224 making English the official language United States. You know, I also think that this honors the democratic process because back in 2006, uh the people of Arizona overwhelmingly voted for this uh actually 74% of Arizona voters approved this uh with Prop 103. Uh and that would again make English the official language for the state of Arizona.

And really, most importantly, I don't ever want uh Fountain Hills residents to uh to call city hall or town hall and have to press one for English. So, I'd like to make a motion to approve as drafted. Second. Councilwoman Earl. Sorry. Oh, council person Kie Vanakis. Thank you, M. Thank you, Mr. Mayor. Yeah. Um I last meeting when we this came up for discussion, I I said a lot of the reasons that I was against this. I I I'll let the record stand on this on that.

Um this discussion reminds me of a campaign ad from 15 years ago by a failed Alabama gubernatorial candidate named Tim James. Um, his central platform was elim eliminating non-English driver's license exams, claiming it would save money. He then delivered the line, "This is Alabama. We speak English here. If you want to live here, learn it." In such a condescending and hostile tone that it sound more like a parody on Saturday Night Live. This subject was unmistakable.

I dislike foreigners and I want to make their lives harder to remind them they're unwelcome. To me, that's what declarations of official language tend to sound like. Yes, English is the predominant language in the United States, and it's reasonable to expect individuals to learn the language of the country they live in for their own benefit, if nothing else. But declaring English as official isn't about practicality. It's about sending a message.

It signals formally and deliberately that anyone who speaks English as a second language or struggles with it like my father is unofficial. This proposal is a veiled attempt to stigmatize entire segments of our community under the guise of public policy. Frankly, I find it embarrassing for a town council to even be discussing it. I may be conservative, but I know discrimination when I see it.

This is a modern, subtle, bureaucratic version of segregated bathrooms, whites only drinking fountains, yellow stars on jackets, and other forms of state sanctioned exclusion. Policies that serve no practical purpose other than to formally remind entire groups of people that their leaders official stance on them is they are less than. Thank you, [groaning] Councilwoman Earl. I'd like to comment. Just a second, Peggy. Councilwoman Earl, I 100 I 100% disagree with the council person next to me.

This is not saying anything bad about anyone else or making him a secondass citizen. We all speak English anyway. It's not going to hurt anybody. It's not going to cost the town anything. So, I'm going to vote a yes on this. Councilwoman McMahon. Thank you. I also made comments about this the last council meeting on the record and I stand on those. I think this is the biggest waste of time in my five years as a council member.

It is costing the town time and thousands of tax dollars for our staff to address this, sit in the audience and attend and listen to this. It is already in our state constitution. There is no need to republish it and embarrass Fountain Hills. It is divisive and it is not democratic and I will not vote for this. Councilwoman Larby, I I I'm gathering my thoughts because I'm frankly dumb dumbfounded.

Um, town manager or mayor asking the town manager, how much money have we spent on this agenda item as of now? I just for the for the record. Okay. The Go ahead, Councilwoman. So to answer uh councilwoman Blairby in our agenda item print out right here fiscal impact there is no anticipated fiscal impact to the town. Okay. So there's no thousands being spent not a dime. Th Thank you councilwoman. And uh if you don't mind, mayor, I do have just a couple more comments. Um to expand upon that.

Are we hiring any staff to adjust for this? Does anything that we currently do as a town change due to this resolution? No. Our processes and procedures won't be affected by this right now. Would you consider our current policies Okay, I'll go there. Um, would you consider our current policies as you know earlier the metaphor? Would you consider us Nazis based off of our current town policy of only using English? You don't actually have to answer that, Rachel. It's okay.

[laughter] I'm just making a joke. Thanks. But hey, the metaphor was create was made by another council member. I'm just pointing out the ridiculousness of it. Um, a as much as I enjoy that nearly every conversation, not every conversation, that's unfair, but every meeting at least one conversation is brought to AD ridiculum or however that's allegedly pronounced. Um, the fact that once a meeting we have a conversation that goes to the most ridiculous level possible has got to come to an end.

I I am so tired of talking about something that does not change anything in our town policy, does not change any of our practices. It's a resolution to align with English being the official language, which is already how we practice what we do. It it puts a barrier to change anything for the future in other languages, but we're not actually changing anything we currently do. And yet, my fellow council member compared us to yellow stars and whatever else.

I mean, first of all, and I'm not going to address the fellow council member directly, but I find it incredibly insulting that someone would minimize horrible things in our history down to the level of being equivalent of not changing anything. H I just [laughter] I don't even know how to fully respond to that, but that's what I got. Council, I have a further hold on, Councilman Watts.

I think it's interesting that we had two agenda items that we had to align with state and federal rules and we had no problem processing those and passing them. All this does, it's really no harm, no foul. We're aligning pure and simple. So, I'd be a vote yes. And I think we've probably had enough discussion on this. We've beat it pretty bad. Um, I was kind of called out and I'm not I'm not going to defend myself, but I do want to just make a quick statement. Very, very quick.

You've had Peggy, I think we've had enough discussion. fall down. Well, I want to clarify the money thing that I said because I'm not talking about it costing after the vote. I'm talking about the tax dollars and salaries spent to bring it to the council. And yes, we spent staff time and salaries doing that. And as for Nazi, I'm appalled that you even brought that up. Okay. Thank you. And and Mr. Mayor, if I may just request one minute and then I'll be finished. Make it brief, please.

We've we've I will. It's late. I understand that. Speaker cards. Oh. Um Okay. I'll make my quick statement, then we go to speaker cards.

Um, you know, this this might sound offensive some of my language, but this might just go right back to the conversation we had about communicating with residents, call to the public, and listening to people because the people that have been in communication with me on this particular agenda item um have have been numerous and and they have ex have expressed the overtones of racism and and and this action.

And so I'm I'm again just just speaking for the people that have talked to me that that finds this offensive to them unnecessary and they feel like they're being singled out if they don't speak English as a primary language. Thank you. Some people might not understand that, but it it's a perception in the community that I'd like to deal with. Okay. Thank you, Councilwoman Earl. I'd like to call the question now. We are there any speaker cards? Yes, mayor.

There is um the town received um eight written comments with a position against and received five cards that would like to people like to speak. Okay. All right. First up is Eric Landau. Mayor and council. Good evening again.

This uh ridiculous, indefensible, and unnecessary resolution from the council's most reactionary member duplicates existing law and serves only to demonstrate allegiance to a current federal executive order which rejects anything that can be targeted and attacked as multiculturalism. Our town government has no legitimate basis to take such action on behalf of an electorate which has not and would not endorse such an intolerant position. We don't need more bad publicity.

English is already designated as a state's official language as has been noted already by law and that state law is one which also permits rather than excludes use of other languages. I would also add to my prepared comments a comment with regard to what I've heard here in the past few minutes. This resolution has nothing to do with what its cost might or might not be in dollars to the town.

It has to do with what the cost will be to the message that it sends to the residents and the rest of the valley and probably country that's watching. It it's thank you. It send it sends the wrong message and we can't afford that to be done. It's unnecessary. It's not our purpose here in town government to try to replicate the messages from the White House.

Whether you like them or you don't like them, it's got nothing to do with the town government and it just detracts from the perception that people have of the legitimacy of the town government. So, I urge your rejection of resolution 2025-37. Thank you. Next up, we have Katherine Mrick. Good evening. Katherine Mrick, Fountain Hills resident.

So, as I listened to the discussion about this resolution, I was struck by how many of you are obviously concerned about whether this would have a cost to the town, which makes sense as a budget is one of your major responsibilities and it's important to do a costbenefit analysis on anything the council is contemplating. But it seems to me that there's been almost no discussion of benefits and only a very narrow discussion of costs. So, let's think about benefits first.

We've established that town staff said this wouldn't change their operations. So, no benefits there. And from the discussion last week and this week, the only other benefit I heard mentioned was when Vice Mayor Skiilicorn introduced it saying residents will never have to press one for English when calling town hall. So, our benefits are never having to press an additional button to get English. Let's look at the other side. What would the costs be?

Again, discussion sounds like there's no direct costs. No new staff, no reprinting materials. That's great. But what about the indirect costs of this divisive, pointless maneuver? Time. It's been a waste of time for the town attorney to draft the resolution, for town staff to agendaize and figure staff reports, etc., etc. What about our reputation? A resolution like this is not simply codifying federal and state law.

It is putting a neon sign over Fountain Hills saying diversity is not welcome here. Which leads right into my third point. Revenue. As we all know, most of Fountain Hills revenue comes from local sales tax and permitting. We need to be a welcoming community if we're going to attract businesses, residents, and visitors. This resolution is exactly the opposite.

This will put a public stain on Fountain Hills that will tarnish our character and cost us tax revenues that we need for all your priorities. Mayor and council, you were elected to do what's best for the town of Fountain Hills and all of its residents, not to waste time codifying federal and state decrees. This resolution is a cost to the town, not a benefit. Please vote it down and move on. Thank you. Next up is Beth Culp.

I don't have much to add other than to say I believe there is a huge cost to this. It's tomorrow. You will see Rachel Alexander and other right-wing pundits putting Mr. Skilicorn's name out there saying Allan Skilicorn pushes through an Englishonly resolution in Fountain Hills. And I want to ask you all to seriously consider when are you going to start taking into consideration the reputation of this town? Do you really want it to be regarded as a right-wing haven?

I want to give a brief anecdote. I was at the fair on Sunday and I was leaving and it was the afternoon and I was walking down the street with a a young couple and and uh and one of the women asked um you know like where where are the portaotties or something and then I said something and then I I said you know it's really not very busy here today and she said you're right.

We've been here in the past and it's been packed even like at the end of the day and I was there all three days and it was never very busy. But these two young women said to me that they in the past had on the last date of the fair met friends who came from Scottdale and I assumed that they were like this couple. I don't know but they were diverse couple and one of the women was Hispanic and the other one was not. But one of them said they don't feel safe here. They don't feel safe here.

And is that what we want? We have always been known as a welcoming community. And now we putting another right-wing dog whistle issue on our books. And every one of you basically that has addressed the issue has said it does nothing. It changes nothing. The only thing it does it creates more headlines, more media coverage. Fountain Hills is not only anti-dei and anti- the Green New Deal and anti-ro diets. We're also anti- people who don't speak English because that is the message. Thank you.

Kimberly Bartman, Hannah um Toth, you mentioned earlier that there's no impact of the codification of the English as the official language. Rick Watts, you said no harm, no foul. But as these other speakers have said, the negativity, the poor reputation, real estate, you know, people that don't want to move here to buy a house, um people at the art festival who might not come back if there's a Charlie Kirk statue in this town or if the community center's named the Charlie Kirk Freedom Center.

Um somebody might not have their wedding at the community center when it's called the Charlie Kirk Freedom Center. visitors and and um people online are commenting on some of these articles about Fountain Hills and the negativity and the awful things that have, you know, come about this. We don't need this. And people are saying, "We're going to go right through Fountain Hills. We're not even shopping there." So, this is there is a cost, a very big cost like everybody else has said.

And some of you, I know you're trying to further your agenda and you know that it'll it'll look good on your, you know, social media. So, um, shame on you. There's no other cards. Councilwoman, I just wanted to repeat the earlier motion. I'd like to call the question. Yeah, did that already. Can we get a uh Do we have a motion and a and a second? Okay. Um can we get a roll call, please? Yes. Council member Earl, yes. Council member Larabby, I. Council member McMahon, no.

Council member Calibianis, nay. Council member Watts, I. Vice Mayor Skilicorn, yes. Mayor Fidell, I. The motion passes 5 to two. We are now at uh council discussion and direction to the town manager. Nothing. Nothing. Um good job. Um future agenda items. Oh, we already did that. Okay. All right. And then we've got call of the public. Call of the public. Yeah. Do you have any speaker cards for the caller public? Yes, mayor. We we have six speaker cards. First up is Crystal Kavanaaugh.

Crystal Kavanagh, Fountain Hills resident. There is an invocation at the start of most of our meetings. Sometimes it's religious and sometimes it's secular. The town government of Fountain Hills does not require that you believe in the messages. doesn't require you to sign up for any religion before you leave town hall and does not require you to stand up, participate, or even acknowledge an invocation is occurring.

Even AZ Central quoted First Amendment expert Irwin Chmerinski, dean of UC Berkeley Law, when he stated that the line between permissible and non-permissible religious discussion, hinges on whether there's religious coercion, such as the town strongarmming the public to adhere to one faith, which clearly did not happen here in town hall.

More interestingly, he stated, "Discussion of religion doesn't violate the First Amendment, but to exclude discussion of religion would actually violate the First Amendment." So, for a small segment of folks to be so offended and vocal because they heard some religiously themed words during a unique meeting situation here on September 16th, only six days following the assassination of a well-known figure, an Arizonan, a co-orker and boss to grieving residents is, to say the least, an overreaction in my opinion.

Next up, we have Baron Smith. Hello, my name is Baron Smith. I've been a resident of Fountain Hills for 27 years. It's come to my attention that certain town council members have proposed renaming our community center in honor of Charlie Kirk andor erecting a statue of him in a public area or at least approving of a third party to do so. I don't know much about Charlie Kirk, but I understand and appreciate that a lot of people admire him greatly.

I think it's nice that people want to honor someone they admire in a way that others can see. But let's look at this from a different perspective. I greatly admire President Barack Obama. But if I were a town council member, wouldn't it be very selfish of me to propose or approve of renaming the community center after him or erecting a statue of him in a public place in town? I wouldn't do it because I understand that not all residents feel the same about him as I do.

I don't need any of my heroes to have a statue in town. I can be content to honor them in a personal private way as opposed to putting it out there for everyone else to see. for not everyone wants to see it. I urge our town council members to continue honoring Charlie Kirk in private and with those that are like-minded. To approve of a community center renaming or public statue of Charlie Kirk would be as divisive as doing the same for Barack Obama. Let's not go there. Thank you.

Next up is Shelby Blacker. Good evening again, mayor and town council members. Shelby Blacker, resident of Fountain Hills. Uh, I was going to talk tonight about the morally and ethically bankrupt individuals in town that would deny someone the right to grieve or that would be so disruptive in a public setting as to cause what this is degraded into tonight. But it's late and we're all tired. So, I'm gonna skip that portion and I'm just going to go to the purple shirt.

So, what's with the purple shirt? Um, I wanted to bring awareness to pancreatic cancer awareness month. Um, since our town did not recognize this month as such, I wanted to make a statement and hope that next year it will be given recognition. This is important to me because my wife and I for over 25 years have served as board members on Concern Foundation for cancer research and this organization has typically raised $2.5 million in a night for cancer researchers.

Um I quickly want to share some information on two of the 2024 2026 grant recipients. So bear with me. Um, Caitlyn Burn, PhD from Oregon Health and Science University, is working on reprogramming suppressive regulatory TE-C cells in the tumor macro environment. And Yang Chen, PhD, University of Texas MD Anderson Cancer Center is targeting collagen one homotimerinduced IL18 as a novel therapeutic strategy in pancreatic cancer.

So raising money for cancer research is is a very big deal and I love the work these people do. There were more grant recipients. These were the two working on cures for pancreatic cancer. Luckily board members like me get to focus on raising funds and we leave the grant recommendations to our oncology review board. So thank you all for recognizing this month by wearing purple and many of you have many members of the public did tonight.

Um, and I hope you'll all join me in making a special donation to Concerned Foundation for Cancer Research today. Thank you very much. [cough and clears throat] Mayor, council, staff, is it tomorrow. Um anyway, um thank you for allowing call to the public. Um pure town business. Uh, I would like to have council direct staff to look into lightening the restrictions on the parking for the two corner lots in the downtown area, which would enhance our ability to create what I call a fun zone.

um in plat 208. Only the commercial portion of um whatever building would go there strictly because the parking restrictions that we have are not conducive to bars, restaurants, music establishments, and entertainment. We need too many parking spaces for them, specifically those two lots. So, if you all could uh direct staff to look into that, um it's part of the economic development uh committee's package and it would enhance uh our efforts in Plateau 8 downtown. Thank you very much.

And for the record, that was Larry Myers. Next up, we have Beth Culp. Again, my name is Beth Culp and I am a resident of um Fountain Hill. Since Miss Kavanaaugh, another speaker, decided to revisit the issue of the constitutionality of that September 16th meeting. I want to make one point that I think people might overlook and that we're not only dealing with the establishment clause here.

dealing with the Arizona Constitution that has a provision that says no public money or property shall be appropriated for or applied to any religious worship exercises or instruction. The way that has been interpreted by the Arizona courts is that if you were in a public meeting in a public building, you don't get to procilitize your religion. It's very much more simple than the establishment clause.

So that means when you are sitting on the dis and you use a public microphone and you talk into it, you're using a microphone that's owned by the people of Fountain Hills. When you are recorded by the video recording system, you are using the property of Fountain Hills. That is a limitation that was disrespected on September 16th and is every bit as valid as the establishment clause and a lot easier to understand.

So what I would like to s suggest um in addressing first amendment concerns when you are on the dis the law is that you are speaking in your official capacity and you have to abide by the rules that govern you in that official capacity and that if you as council persons want to quote scripture or discuss rejoicing demons or if a member of the public wants to speak of staring back into the ragefilled eyes of the radical left, then he or she is welcome to take their first amendment rights to another venue like a church.

But when you have a captive audience and you are in a public building during a public meeting using public property, you do not have the right to invoke Jesus or demons or your faith. It is inherently coercive and it is unconstitutional. Can I make a motion to adjurnn? Second. Oh, I make a motion to adjurnn. Sorry. Okay. I