2026.0317.TCRCS.VERBATIM.TRANSCRIPT

Town of Fountain Hills — Town Council (2026-05-05)

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TOWN OF FOUNTAIN HILLS 
MINUTES OF THE REGULAR SESSION   
OF THE FOUNTAIN HILLS TOWN COUNCIL 
MARCH 17, 2026 
A Regular Session of the Fountain Hills Town Council was convened at 16705 E. 
Avenue of the Fountains in open and public session at 5:30 p.m. 
Members Present: Mayor Gerry M. Friedel; Vice Mayor Gayle Earle; 
Councilmember Brenda J. Kalivianakis; Councilmember Rick Watts; 
Councilmember Hannah Larrabee 
Members Absent: Councilmember Peggy McMahon 
Staff Present: Town Manager Racheal Goodwin; Deputy Town Clerk Angela 
Padgett-Espiritu; Town Attorney Jennifer Wright

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Post-Production File 
 
 
 
 
Town of Fountain Hills 
Fountain Hills Town Council Regular Meeting Minutes 
March 17, 2026 
 
 
 
Transcription Provided By: 
eScribers, LLC 
 
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Transcription is provided in order to facilitate communication accessibility and may not 
be a totally verbatim record of the proceedings.  
 
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MAYR FRIEDEL:  Please rise for the pledge of allegiance.   
ALL:  I pledge allegiance to the Flag of the United States of America, and to the Republic 
for which it stands, one Nation under God, indivisible, with liberty and justice for all. 
MAYOR FRIEDEL:  And if you choose, please remain standing for the invocation which 
will be presented by Carri Schneider, director of Promiseland Preschool with Christ's 
Church in Fountain Hills.  
SCHNEIDER:  Good evening, Mayor and council members.  Thank you for the 
opportunity of opening this meeting tonight.  If you'd like, please join me in prayer.  
Heavenly father, we come before you with grateful and humble hearts.  Thank you for 
the opportunity to live in such a beautiful community in a country where liberty and 
freedom reign.  God, we thank you for all these servants here today who've been 
elected by the citizens of Fountain Hills to represent them.  Lord, give them wisdom and 
discernment to lead them with integrity and make decisions that will honor you and 
make our beautiful town prosper.  In Jesus name we pray.  Amen.  
ALL:  Amen. 
MAYOR FRIEDEL:  Thank you.  Town Clerk, would you please take a roll call?  
PADGETT-ESPIRITU:  Mayor Friedel?  
MAYOR FRIEDEL:  Present.  
PADGETT-ESPIRITU:  Vice Mayor Earle? 
EARLE: Present.   
PADGETT-ESPIRITU:  Council member Kalivianakis?   
KALIVIANAKIS: Here.   
PADGETT-ESPIRITU:  Council member Watts? 
WATTS: Present.   
PADGETT-ESPIRITU:  Council member Larabee? 
LARRABEE: Present.   
PADGETT-ESPIRITU:  Council member McMahon?   
Council member Skillicorn? 
SKILLICORN:  Here.

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PADGETT-ESPIRITU:  We have a quorum.  
MAYOR FRIEDEL:  Thank you.  We'll move right into the report by our town manager.  
GOODWIN:  Thank you, Mayor.  Good evening, Mayor and Council, and to all of our 
audience out there.  I have a couple of updates.  I want to share a few things as we head 
into our busy spring season.  First, happy Saint Patrick's day.  I hope you guys came out 
and joined us for our greening of the fountain today.  And thank you to everyone who 
came out to Irish Fest this past Saturday despite the warm temperatures.  It was a great 
event, and we appreciate the strong community turnout.   
This week, our third Thursday concert series continues at Centennial Pavilion on 
Thursday from 6:00 to 7:30 p.m.  That's after sunset, so it should be a little cooler out 
there.  A nice way to spend the evening.  We'll be featuring a band called Znora, and 
they have a blues and rock performance going.  So it's been a great event series out 
there, and we hope to see you there.   
A couple of quick park and other updates.  Our 250th anniversary sign is expected to be 
delivered and installed in Fountain Park next week.  That will be down in the main lawn 
area.  That is designed to be a photograph worthy, Instagrammable spotlight on our 
250th, and another way to help celebrate the yearlong anniversary.   
Additionally, this Sunday morning from 5:00 to noon, roads around the fountain will be 
closed for the Mountain to Fountain Run.  So we encourage residents to plan ahead 
there as well.   
Looking ahead to Saturday, March 28th -- that's not this Saturday, but the following 
Saturday -- we have a full day of activities planned.  The morning begins at Desert Vista 
Park -- please note it's at Desert Vista, this is a big change -- from 9:00 to 11:00 with our 
annual Eggstravaganza Easter Egg Hunt.  This year we're going to be combining that with 
our Touch-a-Truck event.   
The egg hunt will include more than 15,000 eggs, and they will be split into two 
sessions.  We'll have our little hunters -- so ages 5 and under -- at 9:45 -- bless you -- and 
ages 6 and older at 10:15.  If you're planning to be there, be on time.  If you have never 
seen that egg hunt before, the eggs are gone in probably less than two minutes.  It is

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madness, and it's a lot of fun, but don't be late because there won't be any left.  
Families will also enjoy bounce houses, crafts, and again, the return of the Touch-a-
Truck, where kids can explore a variety of vehicles and meet the professionals who use 
them.   
Later that day is the Dark Sky Festival, which will take place at the community center 
and within the community -- the -- excuse me -- the Centennial Pavilion from 4:00 to 
9:00 p.m., offering educational activities and a chance to celebrate our night skies.  We 
encourage everyone to come out and enjoy these events.  Check online for more details, 
and we want to remind everybody that Fountain Hills is a great place to be -- be this 
spring.   
Mayor, that's all my updates for you.  
MAYOR FRIEDEL:  Thank you.  We have a lot going on.  
GOODWIN:  We always do.  
MAYOR FRIEDEL:  Okay.  Now we will move on to proclamations, awards, and 
recognitions.  So we're going to start with the Veteran of the Month, and it's my distinct 
honor and privilege to recognize David Pappas as our Veteran of the Month.  David has 
shared that he accepts this recognition not just for himself, but on behalf of every man 
and woman who has worn the uniform of the United States of America, and those who 
took the oath to defend our nation in times of peace and war, and who made sacrifices 
up -- up to and including their lives.   
David entered the United States Army Reserve infantry in 1963 at just 19 years old, 
serving until 1969 and achieving the rank of Sergeant E-5.  He completed basic and 
advanced infantry training at Fort Dix in New Jersey, where he trained on anti-tank 
weapons and earned the distinction of expert shooter.  He later returned annually to 
serve as a firing range instructor and to help train new -- new recruits.   
His service continued long after his military commitment ended.  Nearly 30 years ago, 
the American Legion Post 58 operated out of a small, rented space here in Fountain 
Hills.  Through the efforts of David Pappas and others, the post purchased the land and 
built the masonry shell of what is now Post 58 -- the -- the Post 58 building.  A second lot

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was later acquired, which today serves as the patio space enjoyed by our veterans.  
David has been a member of Post 58 for 30 years, serving two years as second vice 
commander, and nine years as member at large.   
David, your service to our country and your continued dedication to our veterans and 
our community represent the very best of Fountain Hills.  On behalf of the Town of 
Fountain Hills, it's my privilege to recognize you as our Veteran of the Month.  Thank 
you so much for your service.  Come on up, will you, please, David?   
PAPPAS:  I want to thank everybody for this award.  You know, it's really not for me.  I've 
got a few things I can say off to the side here.  Can I?   
MAYOR FRIEDEL:  Sure.  
UNIDENTIFIED SPEAKER:  Sure.  Where do you want to start?  
PAPPAS:  This award's not for me.  
UNIDENTIFIED SPEAKER:  Hmm?  
PAPPAS:  This award's not for me.  
UNIDENTIFIED SPEAKER:  Okay.  
PAPPAS:  All right.  I got it.  Well, I'll go over here.  Well, anyway, I want to thank 
everybody for this because I hadn't planned them reading this, and I had it all -- and I 
worked, and worked, and worked on it until I couldn't work anymore on it, and I'd get 
hoarse, and everything else like that, but I'm so proud of this -- this.   
And I want to make it clear this award is not for me.  It is for every soldier who has ever 
put on a uniform of the United States of America, and God bless them all.  Some of them 
paid the ultimate price, and it's sad, but God has taken care of them because they gave 
up their life for our country.  Thank you.  
UNIDENTIFIED SPEAKER:  If you want to read that poem, you can.  Do you want to read 
the poem? 
MAYOR FRIEDEL:  Sure. 
UNIDENTIFIED SPEAKER:  Okay.  Read the poem, okay? 
PAPPAS:  All right. 
UNIDENTIFIED SPEAKER:  Read the poem.

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PAPPAS:  Sorry.  It's just --  
MAYOR FRIEDEL:  That's all right. 
UNIDENTIFIED SPEAKER:  Because he had -- okay.  It is the soldier.  Go ahead.  
PAPPAS:  This is a poem that was given to me about five years ago.  It is the soldier, not 
the minister, who has given us freedom of religion.  It is the soldier, not the reporter, 
who has given us freedom of the press.  It is the soldier, not the poet, who has given us 
freedom of speech.  It is the soldier, not the campus organizer, who has given us 
freedom to protest.  It is the soldier, not the lawyer, who has given us a right to a fair 
trial.  It is the soldier, not the politician, who has given us the right to vote.  It is the 
soldier who salutes the flag, who serves beneath the flag, and whose coffin is draped by 
the flag, who allows the protesters to burn the flag.  Thank you.  
MAYOR FRIEDEL:  Thank you.   
And now we'll move on with the Mayor's Business Spotlight, and tonight we are 
spotlighting D&K Music.  Today, we are proud to spotlight Kim Spence and D&K Music, a 
valued local business that has been providing live entertainment in Fountain Hills since 
2003.  Let me repeat that.  Since 2003.  Holy cow.  For more than two decades, Kim has 
helped bring energy, fun, and connection to our community through live music.   
D&K Music doesn't just entertain.  They help create experiences that make Fountain 
Hills special.  As a local business, Kim, and Deb, and D&K Music support our restaurants, 
events, and gathering places by providing entertainment that brings residents and 
visitors together.  They really do that.  They do a great job of bringing people together.   
Their work helps strengthen our local businesses and continues to -- and contributes to 
the vibrant atmosphere in our community.  Businesses like D&K Music play an important 
role in our -- supporting our local economy and enhancing the quality of our life for our 
residents.   
On behalf of the town, I would like to thank Kim and Deb for their continued investment 
in Fountain Hills and for sharing her talents in -- with our community for over 20 years.  
We encourage everyone to support D&K Music and our local businesses.  Thank you Kim 
and Deb for helping make Fountain Hills such a wonderful place to live, work, enjoy, and

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entertain.  Would you come on up?  
MAYOR FRIEDEL:  Now I know -- I know you guys are used to the microphone, so here 
you go.  
SPENCE:  Yeah.  We'll be careful.  Thank you, Mayor Friedel.  Thank you, Town Council, 
for giving us this wonderful honor.  Thank you to all of our friends that came today to 
support us.  I'd like to add a few things.  Debbie started this business way before me in 
1986, and then Dom (ph.) joined us about 15 years ago, and we have just been terrific 
together ever since, but she was the mastermind behind it.  But we enjoy working in this 
town.  We're at the Alamo.  We work at the American Legion Post 58.  We work at the 
Elks Club -- Elks Lodge.  So we're around town quite a bit.  Come and see us.  Thank you 
again.  
You want to say anything? 
UNIDENTIFIED SPEAKER:  No, no, no.  
MAYOR FRIEDEL:  Come on, Dom.  How about a song?  How about a quick song?   
Thank you guys -- thank you guys, again.   
Okay.  So now we have a presentation.  Rachael? 
GOODWIN:  Mayor, tonight's presentation is regarding short-term rentals, STRs.  STRs 
have been a topic of a lot of debate and conversation throughout the state.  As you guys 
know, Arizona law prevents us from prohibiting them.  We cannot prohibit them, and 
we have very few regulations we can apply, but those that we can include a permitting 
process, and Paul and his team have really taken that to heart and have made some 
significant strides in that process.  So he's going to share an update about that.  
SOLDINGER:  All right.  Mayor, and Vice Mayor, and Council, thank you for the 
opportunity tonight.  Like Rachael mentioned, I'm just going to do a very hopefully brief 
presentation on short-term rental compliance efforts the town has made over the past 
couple years.   
So regulatory requirements.  Like Rachael mentioned, the town may not prohibit short-
term rentals in town, but we may have a permitting process, so we do.  We charge the 
maximum, which is $250 annually, and there are some neighbor notification

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requirements.  They're required to provide emergency contact information to the town, 
liability insurance, and other safety considerations.   
So in November is when the ordinance was approved by the Town Council, which 
created a new article of Town Code that basically mirrors what state law requires and 
allows us to have this permitting process in place.  It also allows us to deny or suspend 
permits for confirmed violations and things of that nature.  There's also legislation going 
through the legislature right now to expand the ability to do that and look at a longer 
time frame, so that's something we're monitoring as well.   
So permitting and compliance efforts.  Here's a timeline.  In January, right after the 
ordinance was approved, we implemented a manual process to accept applications.  It's 
an online electronic form, and we collected those applications, and we ended with 
about 105 active permits by December of 2024 when we implemented a new software.  
It's called Rentalscape through Deckard Technologies, and it's a permitting and 
compliance platform.   
So short-term rental owners can go to our website and apply.  It takes them to the 
electronic form that feeds into the system.  They provide us information, pay the annual 
fee, and upload these three documents on your screen.   
And it's actually an AI software that scrapes and analyzes short-term rental listings like 
Airbnb and Vrbo, and identifies unpermitted short-term rentals in our town, and -- and 
notifies us, and it also sends out warning letters to the short-term rental operators that 
are unpermitted.   
So it's really small, but that is an example of what a warning letter looks like.  It's just 
notifying them what they're required to do.  They should be following Town Code, and 
register with the town, register with the County, and things of that nature.  So these are 
very automated.  Staff are not involved.  The letters are sent out by the vendor, and it 
has helped us ramp up compliance.  A lot more of the unpermitted short-term rentals 
have actually registered with the town since then.   
So as you can see, we -- as of last week, we had about 210 active short-term rentals in 
town.  165 were permitted as of last week, a 57 percent increase since we implemented

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the new system last year.  And so we have about 45 unpermitted short-term rentals at 
this time, and we're still working through that process with Code Enforcement and 
Development Services to try to get hopefully up to a -- close to 100 percent compliance 
rate with that.   
The system also has some other benefits.  It shows you confirmed listings, confirmed 
bookings, and it also cross-references to reviews that renters leave on each listing.  So it 
kind of confirms and provides additional evidence to staff that, yes, the operator is 
running a short-term rental.  It's not permitted through the town.  Not only that, it gives 
us some financial information. We can cross-reference to tax records and things like 
that.  That is very helpful to the town, so I just wanted to highlight those as well.   
And we also have a complaints portal, and I know some residents are familiar with it.  
It's also on our website under Finance, Real Property Rentals.  There's a link to the 
complaints portal where if you're having issues with a short-term rental in your 
neighborhood or nearby -- if there's a lot of noise, breaking town code, and things like 
that, residents may submit a complaint, and our Code Enforcement staff, they'll look 
into it, and we'll work with Code Enforcement.  And so again, we have the ability to 
revoke or suspend permits under certain circumstances, and that gives us the ability to 
track them better, and work with Code Enforcement on that.   
So with that -- that was my update.  We are continuing these efforts.  We're working 
through the system to try to get better compliance.  Code Enforcement is imposing 
certain civil citations as necessary.  We've been working through that process, as well as 
the complaints process.  And so with the new legislation, we'll -- we'll look at that when 
that is approved by the legislature.  It looks like it will most likely be approved, and 
we'll -- we'll make updates as necessary.  So with that, I'd be happy to answer any 
questions.  
MAYOR FRIEDEL:  Vice Mayor? 
EARLE:  Thank you, Mayor.   
What is the fee if they are found not being compliant, and how do they go about that 
process, or getting that money, or whatever it is you do to them?

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SOLDINGER:  So Mayor, Vice Mayor, so Code Enforcement handles that. The range of 
civil citations is between $250 up to $1,000.  So for example -- and we've slow rolled it.  
You know, we didn't even have a system in place at first.  It was hard to get that in 
place.  So once we did, and we've been giving enough warning, there have been more 
civil citations issued.   
But for example, if they're not -- if they're an unpermitted short-term rental owner, and 
they're not getting the permit, they've gotten warning letters and -- Code Enforcement 
then we'll take the steps to put a warning -- another warning letter on their door, notify 
them that way.  So they've had -- I guess what I'm trying to say is they've had plenty of 
opportunities to be notified that they need to register with the town.  At that point, 
there have been up to $1,000 citations applied to those types of short-term rental 
operators, so -- but it -- it ranges and it depends from $250 to $1000.  Um-hum. 
MAYOR FRIEDEL:  I think that's it.  Thank you.  
SOLDINGER:  All right.  Great.  Thank you.  
MAYOR FRIEDEL:  We'll move on to the Consent Agenda.  Can I get a motion?  
KALIVIANAKIS:  Motion to approve Consent Agenda.  
LARRABEE:  Second.  
MAYOR FRIEDEL:  We have a motion and a second.  Town Clerk, roll call, please? 
PADGETT-ESPIRITU:  Councilmember Skillicorn? 
SKILLICORN:  Yes.  
PADGETT-ESPIRITU:  Councilmember Kalivianakis?  
KALIVIANAKIS:  Aye. 
PADGETT-ESPIRITU:  Councilmember Watts? 
WATTS:  Yes.   
PADGETT-ESPIRITU:  Councilmember Larrabee? 
LARRABEE:  Aye.   
PADGETT-ESPIRITU:  Vice Mayor Earle? 
EARLE:  Aye.  
PADGETT-ESPIRITU:  Mayor Friedel?

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MAYOR FRIEDEL:  Aye.  
PADGETT-ESPIRITU:  Motion passes six to zero.  
MAYOR FRIEDEL:  Thank you.  We'll move on to our regular agenda.  I'm going to open a 
public hearing for this with consideration and possible action relating to a Special Use 
Permit to allow light assembly and storage in the C-3 Zoning District. 
Rachael?  
GOODWIN:  Mayor, I think you summed it up.  We're going to be talking about a new 
business that is located over off of Colony, and John is going to walk us through that.  
WESLEY:  Mayor, Council, good evening.  Happy Saint Patrick's Day.  This hopefully will 
go fairly quickly, but as mentioned, we're looking at a property over on Colony, just a 
little bit east of Saguaro, highlighted there in the blue.  Chapter 12 of the Zoning 
Ordinance sets forth the requirements in commercial zoning districts.  This particular 
property is zoned C-3.  And in the C-3, in order to have a light assembly use, it requires 
approval of a Special Use Permit.  The code lists a couple of requirements for that 
business as a precursor to consideration of the SUP.   
So again, here is the facility that we're referring to, 16939 East Colony, Suite 4.  One of 
the requirements is that the assembly use occupies less than 50 percent of the floor 
area, and you can see here the back portion of the shop that's used for the assembly 
that's less than 50 percent; and that they have no hazardous materials, and that is true 
for this particular business.   
What they do is they -- they have the pieces, the frames, and the glass, and they 
assemble the windows based on the customer's orders.  Here are some pictures they 
provided of the interior of their space.  You can see it's a clean workspace, and what 
they have is no heavy machinery or -- or manufacturing type activities, just the 
assembly.   
As part of a Special Use Permit, they're required to do a citizen participation process.  
They did contact the adjacent businesses and property owners, and they got no 
concerns expressed by any of those folks; and staff has not received any calls or 
questions from any of the public that was notified, either by their citizen participation

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plan or the public notices that were sent.   
Section 2.02 F 1 d sets forth the criteria for consideration and approval of SUPs.  And 
basically, is it causing any negative impacts on the surrounding properties, 
neighborhood, or the community?  Staff was not able to identify any negative impacts 
from this use.   
This use actually got moved in -- it started sometime last year, August, September time 
frame.  They applied for the business license.  That's when we learned they were there, 
and -- and recognized the need for this process.  So they've been operating now for 
several months.  And again, we have not noted any concerns, and none of the adjacent 
businesses have expressed any concerns.   
So with that, Planning and Zoning Commission held their hearing on this on -- on 
February the 9th.  They found no issues, and P&Z Commission staff do recommend 
approval.  Any questions?  
WATTS:  (Indiscernible) buttons. 
MAYOR FRIEDEL:  Councilmember Watts? 
WATTS:  You got to push your button.   
Hey, John.  You said no hazardous materials.  So no adhesives, no solvents of any kind go 
into the production process?  
WESLEY:  Mayor, Councilmember, not that they've reported it anyway.  I think it is just 
the assembly.  
WATTS:  Okay.  And is there any fire protection in the -- in the facility?  Is that required 
by code or not for this particular application?  
WESLEY:  So Mayor, Councilmembers, certainly the code requires fire sprinklers in most 
buildings.  Some older ones don't have it.  I'm not familiar with this building, if it has the 
fire sprinklers.  The building official did not bring up any concerns in his review.  
WATTS:  I was just looking at some of the photos, and none of the photos showed it on 
the ceiling, so I was just curious if -- if it was required.  And I assume that's a fire 
department issue? 
WESLEY:  It usually comes in if actually expanding, remodeling to a significant degree.

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Here, this is all just any tenant improvement.  So there's nothing currently that would 
have triggered that requirement.  
WATTS:  Thank you.  
MAYOR FRIEDEL:  Are there any comment cards, Town Clerk?  
PADGETT-ESPIRITU:  No, there are not.  
MAYOR FRIEDEL:  No?  Okay.  Then I'm going to close the public hearing.  Oh, okay.  I'm 
going to close the public hearing, and then I'll request a motion if somebody would like 
to do that.  
SKILLICORN:  Motion to approve is drafted.  
LARRABEE:  Second.  
MAYOR FRIEDEL:  We have a motion and a second.  Can we get a roll call, please?  
PADGETT-ESPIRITU:  Councilmember Skillicorn? 
SKILLICORN:  Yes.  
PADGETT-ESPIRITU:  Councilmember Larrabee?  
LARRABEE:  Aye.  
PADGETT-ESPIRITU:  Councilmember Kalivianakis? 
KALIVIANAKIS:  Aye.   
PADGETT-ESPIRITU:  Councilmember Watts?  
WATTS:  Yep.   
PADGETT-ESPIRITU:  Vice Mayor Earle?  
EARLE:  Aye. 
PADGETT-ESPIRITU:  Mayor Friedel? 
MAYOR FRIEDEL:  Aye.  
PADGETT-ESPIRITU:  Motion passes six to zero.  
MAYOR FRIEDEL:  Thank you.   
We'll move on to agenda item B, which is consideration and possible action regarding 
Ordinance 26-09 amending the Town Code Chapter 8, Business Regulations, by adding a 
new Article 8-8, Community Residences.   
Rachael?

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GOODWIN:  Mayor and Council, I'm going to turn this one over to John as well, and I 
believe Jen may have a few insights as well.  This action tonight is at the request of 
Council.  There's been several conversations about updating this chapter specifically as it 
relates to insurances, insurance requirements, and inspections.  With that, I'll let John 
introduce the item and go from there.  
WESLEY:  Thank you.  Mayor and Council, as mentioned, Council directed staff to look 
into this issue about a year ago, and we got started on the process.  Then there was 
some action being taken at the State level that caused us to wait and see what they did, 
and so it's been a little bit of a wait, but we're back now responding to the request by 
Council that we look for the opportunity to insert into our community residence 
ordinance requirements for insurance and improve our inspection requirements.   
As we looked at the opportunities to do that, and as the town attorney reviewed the 
requirements under State statute, we determined that -- well, I guess back up from 
there just a little bit.  So currently, the regulations are in the Zoning Ordinance Section 
5.13.  And as we looked at what the Council was wanting to do, and looked at our 
regulations and State statute, it was determined that it would be better if the 
registration portions of our Community Residence Ordinance were located in the Town 
Code under business regulations.  And so that's what we're doing tonight, is creating 
that section of the Town Code to move then those regulations to that section, as well as 
then addressing the provisions that Council is wanting to add to the code.   
So as we look at the new ordinance, so Section 8-8-1 sets forth the purpose of this 
section.  So this is new.  We didn't have this in the Zoning Ordinance.  So as you look at 
that in -- in the ordinance, all that whole section is new, but just establishes the need 
and the purpose of why we're having these -- these regulations.  8-8-2 sets forth 
definitions.  The definitions here are the same ones we have in the Zoning Ordinance, so 
there were no changes there from the current ordinance.   
Section 8-8-3 covers registration and re-registration.  And so again, all this is coming 
over from Section 5.13 B of the Zoning Ordinance, with two exceptions.  One is adding in 
that provision that the applicant will not -- that they will cooperate with any code

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violation inspections -- investigations.  They will test that at the time they make their 
application.  And then one of the items that the Council asked us to add was the 
insurance provisions.   
Several years ago, when the P&Z Commission was looking at these provisions, they did 
suggest to include in their draft ordinance to the Council insurance provisions, and this 
section that's been added is what was recommended by the Planning and Zoning 
Commission at that time, and so that's -- that's where the numbers come from that are 
in here.   
Then continued on in section 5.13 C.  Currently, the Zoning Ordinance are the 
reregistration requirements, so this is in 8-8-3 of the new ordinance.  Again, brought 
over the same reregistration provisions, but with two exceptions -- or two additions.  
One is that we we'll review to make sure that the operator is remaining in good standing 
with the code, and any code violations, and so forth, and also to maintain their 
insurance that was required with initial registration.   
And then we've also added here a Section 8-8-4 on code violations.  So this, again, goes 
with the direction from Council that we beef up a little bit our investigations -- or 
inspection allowances in the code.  So this does allow resident's neighbors to file 
complaints, but we're looking for verifiable complaints of -- of the Town Code.  We're 
not looking for violations of the State Code because the only things that -- that are 
applicable are from the Town Code.   
If we find verifiable evidence, then Code Enforcement staff will follow up like they do 
with any other case, with investigating the property, potentially going to the home for 
an interior inspection if that's warranted by the evidence that's been provided, and then 
continuing on from there.   
And then in Section 8-8-5, Violations and Penalties.  That's, again, pretty much the same 
as 5.13 F, but we did add one additional provision that a code violation fails to meet life 
safety standards, it could -- it's a additional thing that can be used to revoke a 
registration.  I believe that is it as far as the changes.   
So again, the ordinance you have in front of you tonight is very much the same as what's

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currently in code in Section 5.13 of the Zoning Ordinance, with a few additions that have 
been added to address the topics raised by the Council that you want to see covered.  
And P&Z will be considering, at their meeting in April, an amendment to 5.13 to take 
those things out of the Zoning Ordinance, so then we won't have those duplicate 
regulations.  Staff recommends approval.  If you have any questions of me at this time, 
or the town attorney, we'll be glad to try to answer those questions.  
WATTS:  John, two questions.  One, under the -- under the insurance paragraph, I didn't 
see a requirement for naming the town as additional insured.  I'm not sure that that's 
applicable, and maybe that's a question for town attorney, to make sure that we have 
some protection as well as additional insured.  
WESLEY:  Mayor, Councilmember, again, this is what was recommended previously by 
the Planning and Zoning Commission, so that's why we brought it -- brought it forward 
for your consideration.  That is how it's --  
WATTS:  Well, I'd like to, if we can, add naming the town as additional insured in the 
final draft.  
WRIGHT:  I'll have to check to make sure we can legally do that.  Typically, an additional 
insured would be where they're using town property or town facilities, or we're entering 
into a contract with them, but I'll check to see if we can do that.  I don't think that that's 
what's required under our -- under the Town Code regarding short-term rentals.   
I'll have to see -- compare with that to see if we can do that, but what it does do is 
require a waiver so that they can't -- you know, the town can't be sued because, again, 
this isn't our property, or our -- you know, if it were -- we require the -- the additional 
insured when somebody uses our -- our community center because ultimately it's on 
our property.  So I don't know that we'd have the same concerns of liability issues as the 
additional insured, but --  
WATTS:  If the waiver suffices, then I'm -- I'm fine with that.  If you want to do a little 
more --  
WRIGHT:  Okay. 
WATTS:  The other question was, I don't see a timeline for when there's a -- there's an

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out of compliance issue when either to vacate or to correct.  Is there one somewhere 
else that we -- how long do they have to either vacate -- and that's under 8-8.5 [sic]. 
WESLEY:  Right.  Mayor, Councilmember, we don't have specific time frames in any of 
our codes for that.  We work with people that are in violation to bring them into 
compliance.  And then, you know, if they're not, then we follow up with the citations 
and take that through the Court procedures.  So that's the typical way that would be 
handled.  When we get to the re-registration -- which is only good for a year -- and 
they're not being compliant, that would be our opportunity then to cause it not to be 
reregistered and lose their -- their license.  
WATTS:  Okay.  Thanks.  
MAYOR FRIEDEL:  Councilmember? 
KALIVIANAKIS:  Thank you, Mr. Mayor.  Yeah.  Just a couple of questions for you, John.  
I'm just curious, do we have any other businesses that we require insurance for in the 
town?  
WESLEY:  Mayor, Councilmember, I know the short-term rentals -- we've talked about 
that a couple of times this evening -- is one that does require that.  Also, I believe the 
mobile food vendors also are required to provide proof of insurance.  Those are the two 
I can think of.  
KALIVIANAKIS:  So that's by code? 
WESLEY:  Yes.  
KALIVIANAKIS:  Okay.  So some of the businesses we're requiring insurance and some 
were not.  Would that be a fair characterization?   
WESLEY:  Yes.   
KALIVIANAKIS:  Okay.  I have a little bit of a problem with the Equal Protection Clause of 
the Constitution because it's supposed -- we're supposed to treat everybody fairly, and 
we're not supposed to be singling out any -- any businesses for any additional scrutiny.  
I'm a little concerned with that.  This is somewhat like a bill of attainder.  The 
Constitution outlawed picking people to write laws about.  
MAYOR FRIEDEL:  Excuse me one second.  Town attorney?

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WRIGHT:  Oh, I was just going to say, isn't this the question-and-answer section, not the 
discussion section? 
MAYOR FRIEDEL:  Yeah.   
KALIVIANAKIS:  I'm asking him questions.  
MAYOR FRIEDEL:  This is discussion right now.  
EARLE:  Nope, not discussion. 
KALIVIANAKIS:  I'm asking him questions.   
MAYOR FRIEDEL:  Oh, okay.  
KALIVIANAKIS:  Okay.  Thank you.  So there's two sober living, 12 community residences.  
Generally, if we're going to rewrite an ordinance, we're going to be addressing a 
problem.  That's why we'd go through the time, town staff, have a Council meeting, 
Planning & Zoning.  What is the problem we are trying to cure by passing this ordinance 
tonight?  What is the identifiable problem that we're trying to fix?  What have they been 
doing wrong?  
WESLEY:  Mayor, Councilmember, I'm not aware of any violations that we've had over 
the last couple of years, but a few complaints we have received that we have worked to 
address.  But this came from the Council as a desire for the code amendment, so I'm not 
really the one to answer that question.  
KALIVIANAKIS:  Okay.  So we're not really moving the ball forward.  We're just 
recodifying what's already been codified.  I get that.  Under new 88.1, Purpose, it says 
that this article's adopted to protect peace, health, safety.  It also says that we are going 
to make sure that residences are operated and maintained in a manner that complies 
with state licensing regulations.  That's in the packet.  That's in the purpose.  Shouldn't 
the State itself be making sure they're compliant --  
EARLE:  Point of order. 
KALIVIANAKIS:  -- with State licensing considerations? 
EARLE:  Point of order.  Are we still in the question stage or are you just making 
statements here?  
KALIVIANAKIS:  I'm asking him a quick question.

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EARLE:  Well, it's not quick because it's been 2.5 minutes.  
KALIVIANAKIS:  Shouldn't the State make sure it's compliant -- it's complying with State 
licensing regulations and not the town?  Because the State does have certified 
inspectors that have been trained on -- on what they're doing here, and it seems like 
we're usurping the powers of the State.  
WESLEY:  Mayor, do you want me to respond to the question?  
MAYOR FRIEDEL:  Pardon me?  
WESLEY:  Do you want me to respond to the question?   
MAYOR FRIEDEL:  Sure.   
WESLEY:  So Mayor, Councilmember, part of the application provision is that they 
submit to us their state license.  So that's the part where we do check that they have 
followed the State requirements.  Beyond that, no.  We don't go in to enforce the State 
legislation (indiscernible). 
KALIVIANAKIS:  I understand that in order for them to get a business license, they have 
to have federal, state, and local compliance.  But again, this is saying that we're going to 
make them comply with state licensing requirements, almost like it's an affirmative 
duty, and I -- I don't see how we have that jurisdiction.  
WESLEY:  In terms of having a license in order to register here.   
MAYOR FRIEDEL:  Yeah. 
WESLEY:  That's what that means. 
KALIVIANAKIS:  Well, we might want to clean that language up then, because it's -- it's 
contradictory to the actual written language, and so I'm a little concerned about that.  
The $2 million and $4 million occurrence, was there an analysis or a history that we 
arrived at those two figures?  They seem to be kind of pulled out of a hat.  Was there a 
method to arrive at those figures?  
WESLEY:  Mayor, Councilmember, again, back in the Planning and Zoning Commission a 
couple of years ago when this was discussed, one of our commissioners is in the 
insurance provision -- insurance industry, and he, on his analysis, recommended those 
numbers.

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KALIVIANAKIS:  So an insurance agent did it?   
WESLEY:  Yes.   
KALIVIANAKIS:  Okay.  There's also one other problem, and that is the Fair Housing Act, 
particularly regarding housing for individuals in recovery.  Has Fair Housing Act 
considerations been given for this particular thing, making it more difficult for people 
that are seeking treatment for alcoholism and the elderly to have a group home to live 
in?  Has there been any consideration to the Fair Housing Act?  
WESLEY:  Mayor, Councilmember, yes.  As we looked at this, we feel like these 
provisions are within the allowances of both state and federal law for maintaining that 
compliance with Fair Housing.  
KALIVIANAKIS:  So you don't see that as a problem?  
WESLEY:  No.  
KALIVIANAKIS:  My other concern is how's the town going to prevent repeated or biased 
complaints from neighbors that will trigger unnecessary inspections?  Because it seems 
to me that could be fraught with abuse.  Just neighbors don't like neighbors, and they're 
going to be reporting.  Of course, I realize that right now you can report a neighbor for 
their garbage cans being overturned.  You get those all the time, but this seems to lend 
itself to mischief.  Is there anything that you are going to do to prevent this kind of 
mischief, reporting these facilities to try to make their life difficult?  
WESLEY:  Mayor, Councilmember, you're correct.  We get a wide variety of complaints 
and occasions of neighbors picking on neighbors, and so we have a trained professional 
staff who -- who know how to deal with those things.  And we've specifically written in 
the ordinance that we're looking for verifiable complaints, not just, you know, whims 
or -- or somebody's upset at something.  So they will -- before they contact any property 
owners, they will investigate and see if they can verify a complaint before moving 
forward.  
KALIVIANAKIS:  But I'm sure when you send a Code Enforcement officer, you always are 
trying to get verified complaints, correct?   
WESLEY:  Um-hum.

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KALIVIANAKIS:  So does this change that standard at all?  
WESLEY:  No.  
KALIVIANAKIS:  Okay.  My last question is -- we're going to be conducting these 
inspections.  Are these going to be unannounced inspections that will require a warrant, 
or are these going to be inspections that -- they'll be noticed that we feel like you're in 
violation, and then on so and so date, we're going to send somebody over there to make 
sure you're in compliance?  
WESLEY:  Mayor, Councilmember, these would be similar to any other inspections that 
we do.  We see a violation, and depending upon the situation, the code officer may go 
knock on the door to discuss that violation with the property owner.  Other times, they 
may send notices or post the property.  So it depends upon the nature of the violation 
and what is necessary at the time.  When we do go knock on a door, typically that's not 
with prior notice to the property owner.  And so that may occur here, but it will be up to 
them.  If they refuse to allow the code officer in, then we will have to just move from 
that point.  We can't force our way in unless we were to get some kind of warrant.  
KALIVIANAKIS:  So in other words, if somebody alleged that they're taking down a load 
bearing wall.  And they showed up at the door, are you doing that?  No, of course not.  
Would they have any recourse to enter the premises without a warrant to -- to 
determine if there was a code violation in -- in the premises? 
WESLEY:  Mayor, Councilmember, I don't believe so, but that might be one to turn to 
the attorney, again, to -- to verify what would be allowed and required.  
WRIGHT:  When they knock on the door, if they -- if the homeowner, or the property 
owner, or the business operator allows them to come in and inspect, they would be 
allowed to come in and inspect.  Part of the requirement to maintain their license is that 
they cooperate with any investigation.   
So the point here is that if somebody comes and knocks on your door, and there's a 
verifiable complaint -- again, it can't just be some random -- so I think, going back to 
what you said before, sometimes our code officers go out to try to substantiate 
complaints that are just based off of mere allegations.  This one requires substantiated

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allegations to begin with.  So before the code officer's going to go out, there's going to 
need to be more than just a mere allegation.  It has to be a substantiated allegation.   
And then, again, if they knock on the door, if the homeowner says no, you cannot come 
in, then yes, they'd have to go get a judicial warrant.  If they see a health and safety 
issue that requires emergent circumstances, they have, as I'm sure they currently have, 
the option to call the police if there's -- you know, if they look inside and there is, like, a 
fire hazard that -- or something to such a great degree, you know, that they can see.  
Just like a police officer if they see an exigent circumstance.  But generally speaking, a 
code officer is not a police officer.  So a code officer wouldn't have that same authority 
to go in without a judicial warrant if the person were to say, you're not allowed to come 
in.  
KALIVIANAKIS:  Yeah. 
WRIGHT:  That answer your question?   
KALIVIANAKIS:  Yeah, that is my question.  Because again, you know, I'm afraid that 
somebody could -- on any one of our homes, could say, you know, we suspect there's a 
code violation.  And they knock on my door, and they say, you know, we're going to 
enter your premises.  Again, I would say, absolutely not, unless you get a warrant.   
And this almost seems -- like, almost like a criminal deal.  You know, we shouldn't -- we 
shouldn't want inspectors from the town to have the right to enter premises, and if we 
don't give them the entry, then we're going to pull their business license.  That doesn't 
seem very -- very right to me, but that's it.  Thank you, John.  
MAYOR FRIEDEL:  Do we have any public comment cards?  
PADGETT-ESPIRITU:  Yes, we do.  The town received five online comment cards, all with 
the position of four, and two wishing to speak.  So the first one up is Larry Meyers, 
followed by Crystal Cavanaugh.  
MEYERS:  Mayor, Council.  I would recommend you approve this without any further 
discussion.  This was litigated, discussed ad infinitum for the last six years.  It was 
written by really intelligent people on our own Planning and Zoning commission.  One 
sits on the dais right now.  It was vetted through the Ninth Circuit.

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The Fair Housing Act has nothing to do with anything.  This is about group homes 
subdivided into transitional and community housing.  Doesn't have anything to do with 
sober living.  It's a misnomer anyway, because the drug houses that were proliferating in 
this town, which was the purpose of this ordinance in the first place, were anything but 
sober.  They were a nuisance to neighbors.  They probably could be now.   
The previous administration stripped out the inspection provision for occupancy levels.  
I'm not going to repeat the same state statute that says that municipalities get to 
govern -- govern their own land use.  I've said it about six times up here.  Six years this 
has been going on, and I think it's time to finish the ordinance.  It'll be just fine for those 
who comply.  We have occupancy levels.  We have code for the well-being of people.  
We're not doing health and -- health and well-being inspections, but we've got fire 
regulations.  We're allowed to do all of this, and all of this other crap that's been 
brought up about the federal -- the feds already went through the Ninth Circuit.  None 
of this has anything to do with our town ordinance.   
And these businesses -- these are businesses, just like any other business, and some 
businesses require licenses and some don't.  And these just happen -- with the 
culmination of this ordinance, they require a license, just like a short-term rental 
property.  So I would -- I would appreciate -- after working on this with a bunch of other 
citizens for the last six years and the P&Z people, I would appreciate you finishing the 
job tonight and approving this.  I thank you for your time.  Thank you.  
CAVANAUGH:  Good evening.  Crystal Cavanaugh, Fountain Hills resident.  I am part of 
that dedicated group of citizens that have worked on this for many years, and we've had 
quite a journey over these years, all to protect the residents and their neighborhoods.  
That's all this is about.  We had success in finally getting limitations on occupancy and 
having distance requirements between such homes.  And we're talking, again, the 
transitional community residences and the community residence -- the longer term, 
which are more like the group homes, and the seniors that were referred to.   
This is all about land use.  This is why we needed the inspection clause, because we had 
these requirements about occupancy, but how are we verifying that?  So we reduced it

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to five or six, and we have no idea how many are in there.  So no one is going to go 
knocking on the door to check on whether somebody's getting good treatment.  This 
isn't even about that.  We don't have anybody qualified who's going to go up and judge 
whether they're getting good treatment.   
But when you're supposed to have five beds or six beds?  Yeah, they can verify that by 
going.  Or if the neighbors report that they see van loads of ten people showing up to a 
five-person group home?  Yeah, they might complain.  Or if people are yelling, and 
hooting and hollering on their balconies, and clearly under the influence of drugs at a 
home that they're supposed to be getting recovery in?  Yeah, that might warrant a call 
also.  But this is all about protecting our neighborhoods.  Once again, these are 
businesses sitting in neighborhoods, which is our biggest investment.   
So I appreciate that this has come back.  I appreciate the majority Council.  I appreciate 
our new attorney because our previous attorney gave us so many conflicting statements 
about how we couldn't do stuff, but never really helped us understand how we could do 
stuff.  So that's why the citizens stayed on top of this, and we really appreciate you up 
on the dais.  Thank you.  
MAYOR FRIEDEL:  Councilmember Larrabee? 
LARRABEE:  Thank you,  Mayor.  I agree this has been -- this horse has been beaten to 
death.  So I'd like to just make a motion to approve.  
WATTS:  Second.  
SKILLICORN:  Am I next in line? 
MAYOR FRIEDEL:  Yes, Councilman.  
SKILLICORN:  Thank you, Mr. Mayor.  You know, I just want to thank Director Wesley and 
staff for really putting this to paper.  You know, this, to me, sounds like it protects 
neighborhoods.  To me, it sounds like it protects our families.  And to me, it sounds like 
it protects our property values.  And that is the job that we're sworn to do up here, and 
to see this come across the finish line today is exciting to see.  So thank you, staff, for 
putting this together.  And I think this, you know, fulfills the promises that we made 
when we ran for this office, and I do appreciate that.

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And it is exciting to see that, you know, we're doing some good here, and we're fulfilling 
our promises.  And to see that the people that live in these streets in these 
neighborhoods that have these homes and that frankly, a lot of these homes are not 
very neighborly.  I like to see that these people -- these residents that are our 
constituents have some protections now, and I do -- I do appreciate that.  The staff took 
a lot of arrows on this one.  So I just want to say thank you, and you know, thumbs up.  
Give applause to you guys.  So thank you very much.  
MAYOR FRIEDEL:  Councilmember? 
KALIVIANAKIS:  Thank you, Mr. Mayor, and I'll make it brief.  I concur with the speakers.  
I think a lot of good work has been done regarding this issue.  The distance between 
homes was -- was a great thing that we got passed.  I was for the occupancy limits, 
which we passed.  I was for -- well, you know, so there's been a lot of good work on this, 
which I do applaud.  And everybody that contributed to the process, I commend you.   
I'm a little concerned about my questioning Director Wesley, because this ordinance 
that we're passing tonight has serious concerns about fairness and legality.  It singles 
out one type of housing, community residences, and imposes burdens that no other 
residential use is subject to, including excessive insurance requirements and intrusive 
inspections triggered by neighbor complaints.   
Many of these homes serve individuals protected under federal law, and policies like 
this risk violating the Fair Housing Act by effectively discouraging their operation.  We 
should be very careful not to adopt regulations that invite discriminatory behavior, 
unequal treatment, or costly litigation for the town.  Thank you.  
MAYOR FRIEDEL:  Vice Mayor?  
EARLE:  Thank you, Mayor.  I'd ask permission to ask the attorney a question.   
MAYOR FRIEDEL:  (Indiscernible). 
EARLE:  Could you explain to us the process of this, and how people would -- would they 
get grandfathered in, or how long this process will take so the -- the general public 
knows?  
WRIGHT:  Just to be clear, your question is for the existing businesses when -- okay.  So

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there are -- so the way that the -- okay.  Let me back up.  Right now, this -- many -- much 
of what's in this Town Code mirrors the -- or in this ordinance mirrors the -- the zoning 
code.  And under the zoning code, the businesses that existed prior to that zoning code 
being implemented were grandfathered, have nonconforming use policies.   
Once that zoning provision is taken out, then the businesses that -- once -- once the -- 
these provisions about the registration are taken out and put into business licensing, 
then those companies that exist now will have to register their business.   
Now the two -- I think there's -- my understanding is there's a couple, Director Wesley, 
that are operating under the new Town Code; is that correct?   
WESLEY:  That's correct.   
WRIGHT:  So the two new businesses that -- or two businesses that are currently 
operating under the existing Town Code, for them, when this goes into effect in 30 days, 
then they would be subject to these regulations, but you can't just overnight require 
them to obtain insurance and to comply.  We'd have to send out notices.  
And I think -- I don't know if Director Wesley would want to talk more on how you'd 
send out notices, and the timelines that you'd -- you'd provide, but that would all come 
from Development Services saying what the -- you know, what the new requirements 
are, and then they'd have a period of time to comply, but --  
WESLEY:  Yes.  Mayor, Vice Mayor, I'm not sure if you need much more detail on that.  
One piece I would add is because it is part of, also, business regulations, we'll be 
working with finance in terms of the business licenses and getting those updated, and 
given a timeline to get that done over the next, you know, 60 to 90 days.  
EARLE:  Okay.  Thank you.  
MAYOR FRIEDEL:  We have a motion and a second.  Can we get a roll call, please?  
PADGETT-ESPIRITU:  Councilmember Watts? 
WATTS:  Aye.  
PADGETT-ESPIRITU:  Councilmember Skillicorn? 
SKILLICORN:  Yes.  
PADGETT-ESPIRITU:  Councilmember Kalivianakis?

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KALIVIANAKIS:  Nay.  
PADGETT-ESPIRITU:  Councilmember Larrabee? 
LARRABEE:  Aye. 
PADGETT-ESPIRITU:  Vice Mayor Earle? 
EARLE:  Aye. 
PADGETT-ESPIRITU:  Mayor Friedel? 
MAYOR FRIEDEL:  Aye. 
PADGETT-ESPIRITU:  Motion passes five to one.  
MAYOR FRIEDEL:  Thank you.  Okay.  Moving on to item C, possible action related to any 
of the Arizona Cities and Town's Weekly Legislative Bulletin.  Does anybody have 
anything they want to discuss on that?   
Councilman Skillicorn? 
SKILLICORN:  Thank you, Mr. Mayor.  I just wanted to say that there was actually a new 
representative sworn in today for our area.  So we actually have a new state 
representative, and actually he texted me during the meeting.  So yeah, we have a new 
person that we can -- we can -- we can lean on to do our bidding.  
MAYOR FRIEDEL:  Thank you.  Anybody else?  Okay.  Then we'll move on to our call to 
the public.   
Town Clerk, do we have any speakers?  
PADGETT-ESPIRITU:  Yes, we do.  We have two.  The first one is -- and I apologize if I 
mispronounce your name, Mrs. Cora Karolyi [sic].  
CARALDI:  I am Madhuram Caraldi (ph.).  Thanks for your time.  I am a Fountain Hill 
resident from 2010.  So I raised my kids here.  I wanted to raise my grandkids.  So 
everything wrong in this town is so painful to me.  The main reason I'm here is it's been 
extremely stressful -- really extremely stressful.  Every single minute, daytime, 
nighttime, weekdays, weekends, above the fountain is fly private jets and helicopters.  
So we had no this problem before.  This has been last couple of months.  It's possible to 
avoid residential area.  They can fly above the Rio Verde River or above the McDowell 
mountains.

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So it's been really, really extremely stressful, extremely danger in case of crash.  They 
can crash to any houses, above my house -- above any houses.  So two weeks ago, a 
small airplane crashed in -- in Phoenix somewhere in house.  So this problem needs to 
be -- to be -- to be stopped.  So we have to find -- we have to find a way, so not just 
sending them the notice.  I'm sure most of them they come from the Mesa City's airport, 
so we have to find a way to stop them.  A group of us maybe to -- to go to meet the 
management to -- to -- to explain.   
So it's been really, really stressful and really dangerous.  So I have degree in biology.  I 
know the most stressful thing is the noises -- high noises, so many other reason.  And 
also, it's hard to run a town.  Thanks for your service, for your mission, but -- so more 
bigger the town, more harder.  So together we can do more easier.  So let's see how can 
we -- can we stop this problem?  So thanks anyway.  
PADGETT-ESPIRITU:  Next up, we have Susan DeGennaro.  
DEGENNARO:  Thank you, Mayor.  Thank you, Council.  Susan DeGennaro, seven-year 
resident of Fountain Hills.  I am the chair of the silent auction for the Dark Sky Festival, 
so I'd like to thank Rachael for mentioning the festival on the 28th.  I wanted to thank 
the council for continuing to support our town's dark sky description, designation, and 
the festival itself.   
I've worked with local businesses, local artists, local entrepreneurs to fill the auction 
with a variety of items to highlight our town and all it has to offer.  The auction is what 
keeps our festival free.  So even if you can't go to the festival, we ask that you please go 
and check out our auction.  It is live now.  And were you to do so, you can do that by 
going -- texting 26 -- 26darksky to 76278.  Did y'all catch that?  26darksky, all one word. 
26darksky to 76278.   
You can also go to fhdarksky.com.  That is our festival website -- or that is the 
preservation society's website, and on there will be all the information about the 
festival.  I'd just like, again, to say a big thank you to everyone who makes the events in 
this town possible.  Thank you.  Hope to see y'all on the 28th.  
MAYOR FRIEDEL:  Thank you.  Any other speakers?  No?  Okay.  Thank you.

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Now we'll move on to council discussion and direction to the town manager.  Does 
anybody have anything?   
Rachael, in the call to the public, the gentleman was talking about planes and 
helicopters over the fountain and that.  Do you want to -- we talked about that last 
week.  There's been a lot of -- a lot of activity over the fountain because they're 
shooting videos and stuff.  Do you want to expand on that a little bit?  
GOODWIN:  Well, I think if I understood the speaker correctly, it's the noise of the 
helicopters and the -- the frequency of what's going on over residential areas.  And it is 
my understanding -- and he's correct, that they're -- a lot of that originates out of Mesa 
field.  There are a number of flight schools.  It used to be two or three flight schools.  It 
has now -- you know, it has grown to be six or seven flight schools.  So that increases the 
number of flights.  We have been in touch with the flight school.  We have been in touch 
with the City of Mesa requesting some considerations.  And unfortunately, their 
cooperation was limited and stated that -- simply that they have the right to operate in 
that airspace.  
 So unfortunately, we do not have a lot of leverage in that space and in how to do that, 
but perhaps it would be worth having further conversation, either with this body or 
perhaps with the attorney, to see if there's more leverage or more ways we can explore 
ideas there and how we can hopefully curb that, because it's not the first time we've 
heard that complaint.  
MAYOR FRIEDEL:  And I know you and I met with a lady, and we actually worked on that 
about a year -- year and a half ago.   
Councilman Watts?  
WATTS:  So the -- the correct agency to talk to, though, is the Flight Safety Standard 
Office out of Scottsdale.  
GOODWIN:  Correct.  We've gone through that path as well.  
WATTS:  Okay.  And the FAA has governance, and that's the problem,  because the flight 
paths are all dictated by the FAA.  
GOODWIN:  Yes.

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WATTS:  So the flight schools, they use that as a landmark, and it's unfortunate because 
they do send their student pilots out.  They have to be at specific altitudes.  But that is a 
known flight path, and there's a practice area just north of here -- just north of the 
McDowells just to -- to the northeast.   
GOODWIN:  Yes. 
WATTS:  So you're not going to get them to change it, but I would make noise with -- 
with what's called the FSDO, and they may be able to influence the FAA.  
GOODWIN:  And I can hear our town attorney next to me reminding us this is not an 
agendized item.  So if we want to have more conversation or direction on this, perhaps 
we would like to see this on a future agenda.  
MAYOR FRIEDEL:  Speaking of that, we'll move on to future agenda items.  Anybody 
have anything for the future?  Okay.  Thank you.  Can I get a motion to adjourn?  
LARRABEE:  So moved.  
MAYOR FRIEDEL:  Second?  
SKILLICORN:  Second. 
MAYOR FRIEDEL:  Motion and a second.  All in favor?   
ALL:  Aye. 
MAYOR FRIEDEL:  Thank you.

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APPROVED: 
 
____________________________________  
 
GERRY FRIEDEL, MAYOR 
 
ATTEST: 
 
____________________________________  
 
ANGELA PADGETT-ESPIRITU, DEPUTY TOWN CLERK 
 
 
CERTIFICATION 
 
I HEREBY CERTIFY THAT THE FOREGOING MINUTES ARE A TRUE AND CORRECT COPY OF 
THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY COUNCIL, TOWN 
OF FOUNTAIN HILLS, ARIZONA HELD ON MARCH 17, 2026.  I FURTHER CERTIFY THAT 
THE MEETING WAS DULY CALLED AND HELD AND THAT A QUORUM WAS PRESENT. 
 
 
 
 
________________________________  
 
ANGELA PADGETT-ESPIRITU, DEPUTY TOWN CLERK