Good evening.

Welcome to tonight's city council meeting here in Eloy, Arizona.

It is Monday, June 10th 2024.

It calls me in order.

Time is approximately 601.

Miss Mary, can I get a roll call, please?

Councilmember Sutton.

Here.

Councilmember Wanowatho Rodriguez.

Here.

Vice Mayor Curtis.

Here.

Mayor Powell.

Here.

Councilmember Schneider.

Here.

Councilmember Garcia.

Present.

Councilmember Terengo.

Here.

Thank you.

Next, we're gonna have an invocation by Mr.

Bob Skyer.

If you can remain standing for the Pledge of Allegiance.

In verse 41 of the 19th chapter of St.

Luke's Gospel, Jesus asked the blind beggar, what do you want me to do for you?

He replied, Lord, that I may see.

We here have been blessed with our sight, but what do we actually see in our daily routine?

In accordance with the old saying, the sun which provides sight to the eagle blinds the owl.

Let us be as the eagle and see what is truly important to our Eloy community that all ordinances, resolutions, and policies be adopted for the health, safety, and welfare of its current and future inhabitants.

When we encounter the difficult decisions, let us simply pause and pray for wisdom as we say quietly, Lord, that I may see.

Amen.

Amen.

Thank you.

Any public appearances signed in.

None?

All right, thank you.

Council reports.

Anybody over here?

Andy.

Thank you, Mayor.

Uh just want to say sadly I went to the uh community yard sale we had here outside at the park.

Although it wasn't highly attended, the people who were there actually sold a lot of stuff.

So a lot of money exchanged hands.

And I think going forward, probably when the weather breaks, we'll do this again with a little bit more push out to the public on our social media, and we can look for a bigger success.

Thank you.

Sylvia Sarah.

No.

Thank you.

My left side.

All right, we're being quiet.

Um before the mayor's uh comments.

The other day, a couple of about a week ago, um uh there was an officer for Heather River that was uh shot and killed with somebody else there, and it was brought to my attention that two of our um officers who are in training, field training, um, went to school with that officer at Hila River who passed away.

Um so we want to keep our prayers to our officers and um and remember the officer who passed away for you know protecting providing um service for the Gila River Indian community.

Uh it's a sad day for all of us.

I reached out to the governor Lewis and um I expressed our dearest condolences as a city, and if there's anything that we needed to do to assist the Gila River Indian community to let us know, and he greatly appreciated that um so our uh our two officers participated, I believe, in the um ceremony on Saturday, and so you realize that it doesn't matter how much experience or how little experience you have.

Your life is always in danger, and it can be gone in a blink of an eye.

So uh my heart goes out to our two officers, our officers here, and um I hope they continue doing their job supporting and protecting our residents for the city of Eloy.

So then today I had a meeting with the Panaw Regional Transportation Authority, which I'm a board member.

We decided as a group that the election is going to be an off-year election 2025 to go out for a another RTA resolution.

Kind of like what we did a couple years ago that was fought against, I guess.

And um one part will pass, one part didn't.

Well, this year what we did is we're gonna go out to the voters where everybody is with the taxes that received, we're gonna receive one percent each year uh across the board for each city.

Um if that passes to the voters in 2025.

Um instead of each city getting a different amount, it's gonna be set across the table.

Um except for the largest community, which I think was Mayor Copa, they said.

Um they'll get a little bit more, but everybody else will be getting one percent of the total revenues received and then distributed.

So it's gonna start off at 300,000.

This is if it passes to the voters.

Um, and by the time it ends, it'll be 600 and over 600,000.

Um 640,000 by the year 2025 45, 2045.

Um, each city will get so not bad.

So we just need to have the voters to approve it.

And so, like I said, it's gonna be an off-year election where it won't be voter fatigue with all the campaigns and everything on the ballot.

So it'd be where you'll you'll hear more about it from me and then uh the new council coming forward about what we need to do and how we need to support it and what's for the best interest of the city of Eloy.

One other thing is on a happy note.

Um Eloy's city of Eloy's 75th anniversary is this year.

I presented uh the council with a new challenge coins right here.

Um it's very nice, and we'll be passing these out throughout the year.

Um, the events will start in September, I believe, and then we'll carry on until December when that's the no.

Sorry, Mayor.

No, we're uh yeah, we're gonna start them for Paul.

But yeah, we're we're gonna start them uh beginning in August, I believe, next month.

Okay, we're we're gonna start kicking it off and doing little ones all the way up to December.

Gotcha.

Yeah, August, September, same thing.

Well, lucky for everybody in the audience, I do have a coin for you.

So you guys will be one of the first ones to get a coin from us.

So welcome, thank you for being here.

We don't offer these every time, like food or something like that, but today I have nice challenge coins, and I'd like to present each one of you guys one for being here.

So that's it for me.

Um David, you're up.

Great, thank you, Mayor, members of council.

Just a couple of updates on my list.

Uh just a reminder that the city will be closed next Wednesday and observant of Juneteenth.

So that's Wednesday uh June 13th.

The city offices will be closed.

Uh speaking of events, we've got moving under the stars on the 22nd at Jones Park.

Uh check out the social media website posts and whatnot for updated information on that.

That's always one of our more popular events.

Community really likes to be part of that.

Um, and then to second your point with PRTA, we also had a meeting uh last week with the Panel County team working on the road maintenance and improvement fund, and that's officially been deemed proposition 486.

So big deal for us.

Um, it brings in over 36 million dollars for the county for several different road projects.

Uh, we Eloy are participant in several of those projects as well.

Just want to continue to reiterate the you know that the city of Eli supports that, and you know, we we really try to make sure that our infrastructure is taken care of so that we can welcome our visitors and our citizens to a well-established community.

If you get a chance and you're you're for it, please continue to spread the word to local organizations and folks to vote, you know, on that op that proposition when it comes out in November.

Um, you can check the Pennell website for more information as well on that.

And again, that's proposition 486, the road maintenance and improvement fund.

And it's a renewal, it's a renewal uh excise tax.

It's been on the books for what 19 years now.

Yeah, it's it's not a new tax, it's gonna be an ongoing tax, and it's every 20 years you have to revote for it.

So a lot of positive things come out of that.

Uh lastly, on my update is we have an intern starting on the 18th.

His name is Antonio.

Uh, he's gonna be helping us out on a lot of different projects in the city manager's office, primarily website design, um different uh marketing materials.

He's working a lot with McKinsey, our assistant city manager.

You have anything you want to throw in on that?

Yeah, no, so he's actually going to Central Arizona College and he has a degree in graphic design, so we're gonna be utilizing to kind of standardize and make some of our Eloy stuff more professional and kind of more streamlined across the board for each department.

So we're really excited to bring them on board.

Okay, thank you, sir.

And that's all I have.

Thank you, Mayor and Council.

All right.

All right, next we're gonna go ahead and go to consent agenda.

All items this still with the NASCAR are considered to be a routine manner, will be enacted by one motion and one roll call vote of the council.

There'll be no separate discussion of these items unless the council members so request, in which event the item will be removed from the consent agenda and considering its normal sequence on the agenda.

We have a fairly large consent agenda with one item, item A.

Anybody like to discuss item A?

Do I hear direction from council?

I'll make a motion to approve item A.

Second.

First and a second.

Mayor, do we get any roll call, please?

Councilmember Seton.

Yes, Councilmember Wannawato Rodriguez?

Yes, Vice Mayor Curtis?

Yes.

Mayor Powell?

Yes.

Councilmember Snyder.

Yes.

Councilmember Garcia?

Yes.

Councilmember Tarango.

Yes.

The motion pass unanimously, Mayor.

All right.

Uh before we go to business, uh, I was um we forgot to mention that today we were notified by um office of uh Senator Cinema in Kelly's office that one of the grants that we applied for for the police department for two million dollars was accepted.

And so now it needs to go to the next phase for approval through the committee.

Um, and I believe that one is for the dispatching station or the yeah, it's for the CAD RMS system, which basically is their entire records management software.

Um, uh Captain Jerome is here if you if you want to shed some light on this project and how instrumental it is for our system to keep running.

I know you guys have been looking to replace this for quite a few years now.

Definitely a big burden off of our capital improvement project if this gets approved through the appropriations committee.

Yeah, so it's it's it went through the first hurdle, kind of like the one we did last time.

That goes to a bill.

Now it goes through the bill.

Yep.

Mayor members of the council.

Uh thank you, city manager.

Uh yeah, that was a uh collaborative effort between uh us at the police department and uh Brazeda to put together a grant application to replace our uh CAD RMS system.

Uh what we hope is that they'll fully fund it and uh we'll look at doing an entire request for proposal process and really look for something that's gonna streamline our operations.

Um of the technology that's coming out, grabs data from using like artificial intelligence, body camera, and all these different platforms.

We hope to kind of synergize into one records management system.

We think two million will pay for it.

So that's the hope.

All right.

Well, thank you.

First hurdle was done.

So now we've got to make sure it gets approved in the bill.

So in the committee, so all right.

All right, next we're gonna go to business.

Item A.

Um, authorization for authorization for the city manager to execute eight contracts for on-call professional services for the community development and public works department.

Dan Mayor members of council Dan Seimer community development.

Yes, the item before you is goes back to a request for proposal that was done in November prior to November was sent out, but all proposals were received in this past November, so myself and Matt was uh involved in the review of these applications.

And like said, there's a total of eight, four for engineering, four for planning and development.

There's a variety of services being provided through those applications when they were weighed.

So what they are primarily for is for assisting us in those services that we don't readily have, or we need uh immediate assistance on, such as building code review, planning review, engineering, engineering project management and Matt sir, if you'd like to add anything.

All right, so we're looking for approval of those contracts, so we can start.

All right, thank you.

Yeah, yeah.

I look right at you.

Uh Dan, one of the things I read through this I didn't see the question I have is there a time frame on this?

So is this if we pass this to nice that mean this goes on for I don't know, or is this good for the next budget year for what's if it and can you enlighten us a little bit more on how long is this gonna last?

As long as I want.

No.

No, mayor members of council.

Each contract has a two-year time limit written into the contract, and each one has a maximum value of 200,000, nothing more than 150 per any one year, if I remember correctly.

But it is for two years and it can be extended for initial year.

And how does it get extended?

Uh generally they're extended through through the city manager.

Is it possible that it could go back to council for approval for extension?

I mean, I like the concept of this, I think it's really needed.

Uh, but I guess it bothers me a little bit that it's kind of open-ended.

And if I take uh 100,000 times eight is $800,000 the a year we can be given out, that's really it's a lot of money.

It's uh in one person's hands.

Sure, mayor members council.

The answer to that question is is twofold.

The contracts are written so that they can be extended, they don't have to be extended, so the council can give the direction to the city manager not to extend them.

The excuse me.

So it's by contract.

Yes.

Oh, not just not what's coming tonight to a pre-approved is by contract.

It's by contract.

Uh that's why I missed.

Yes, and the and the budget items, even though it's for a total of maximum 800,000 a year, you still have to approve the budget each year.

So whatever's in your council packet for the budget for the year, our agenda, like uh I think I have a 150,000 total in my budget for contract assistance.

Um doesn't mean I'll use it, but it's there for the reasons.

So it's not to exceed I got four contracts.

All right, thank you.

Anyone else have any con any questions for for Dan?

And uh Dan, if um if it's over a certain amount, maybe David can clarify how much that amount is, but if it's over a certain amount, the council still approves it.

Is that correct, David?

That's correct.

It's $20,000.

Yeah.

In one single, um in one single expense.

So if they're if we give you an example, say one of the persons that are in this contract, we bid them to do inspection services on one of our new buildings.

Let's and it cut was gonna cost $50,000 to do the whole thing, then we would have to come before it.

But if it's below that, then I can sign off on that.

But we could do little projects like say it's up to five, and then we just do it like that.

Okay.

Any other questions?

All right, thank you.

All right, do I hear direction from council?

May I make a motion to approve authorization for the city manager to execute eight contracts for the own core professional services?

Thank you.

I second that.

Thank you.

Can I get a roll call, please?

Vice Mayor Curtis.

Yes.

Councilmember Schneider.

Yes.

Councilmember Wanowato Rodriguez.

Yes.

Councilmember Garcia?

Yes.

Councilmember Tarango.

Yes.

Councilmember Sedden?

Yes.

Mayor Powell.

Yes.

The motion pass unanimously, Mayor.

All right, thank you.

Next, we're gonna go to item B, conduct a public hearing, consider the adoption of resolution number 24-1572.

Approving a two-year time extension on the previously approved conditional use permit case number C UP 2022-038 to allow solar and utility scale generation generating and battery energy storage system facility.

Um located on the southwest corner of Milligan Road in Lemau Corner, consisting of approximately 646 acres.

Dan.

Mayor members of council, the item before you is a request for a time extension to an existing approved conditional use permit.

As the mayor indicated, this has been previously approved back in February.

The applicant originally asked for two years at that time, but at that time they were only it was only approved for six months, so we did bring it back for an additional two-year extension onto this approval.

Uh the staff uh doesn't have any objections to this application, and it did meet the criteria for extension.

The applicant is here if you like a additional presentation from them or any questions.

All right, next I'm gonna open this into a public hearing.

All right.

Anybody have any questions, any comments?

If the applicant is here, like to have any questions or comments or I'm happy to give a little additional context.

Absolutely.

But not not much more.

Uh good evening, council.

My name is Kevin Johnson.

I'm a senior development manager with Avantis and here tonight to discuss the kit conditional use permit.

Uh I'll keep it brief.

Uh essentially, uh, as Dan just mentioned, uh, we're looking to extend the time frame within the CUP to reflect the originally contemplated project schedule.

So there aren't any changes to the project.

Uh we have essentially always been talking about uh starting construction in March of 2025 and a commercial operation date in May of 2026.

Uh inadvertently, the CUP included a six-month expiration window.

Uh so tonight is really just uh to extend that uh to the time we've been uh anticipating all along.

Uh I have some additional materials, basically the presentation we gave back in January when the CUP was originally approved.

Uh I'm happy to go through that if anybody would like the presentation, but I also don't uh know that it's necessary uh unless there are specific questions.

Anyone have any questions?

Do they see the presentation again?

No.

No?

Okay.

I guess we're good.

Thank you.

All right.

Once again, I'm gonna open this up for anybody even in the audience.

They have any questions or comments regarding this item.

All right, I'll go ahead and close the public hearing.

Oh, yep.

I just want a clarification on the location because it said Mulligan.

Can you please come forward?

I and yeah, to state your name and address.

So I just want a clarification on the location because it said Mulligan and Alumnale Corner, and I don't see those intersecting for the record.

Her name is Joanne Galindo.

Oh Joanne Galindo, Eloy, Arizona.

Thank you.

Sure.

Uh let me see if I can pull up our map here.

The per the location of the project is on the southwest corner of uh Milligan and 11 mile corner road.

Uh hopefully we can it's on the south side of interstate 10.

That's correct on the south side of I-10.

So that answer the question okay.

anybody else have any questions?

Yeah, right, right across the street from it.

All right, I'll go ahead and close this public hearing.

Once again, do we have any questions from council regarding this item?

All right.

So now we need to consider adopting a resolution number 24-1572, read by title only.

Do I hear a motion read by title?

Thank you.

Do I hear a second?

Second.

Second.

All in favor say aye.

Aye.

Aye.

Any opposed?

Sylvia.

A resolution of the mayor and city council of the city of Eloy, Arizona, approving an extension to the conditional use permit, case number C UP 2022-038 for a solar utility scale generation and battery energy storage system facility on the property located at the southwest corner of Melligan Road and 11 mile corner road with Panel.

That's a typo there, yeah.

Yeah, typo.

Well, Panel County Assessors parcel numbers 4080102B, 40801022 C, and 40801022D, consisting of approximately 646 plus minus acres.

All right.

So with this resolution, we do have a typo instead of Solera Road, it's corner.

Do I hear a motion uh to approve from council?

Make a motion to approve us read.

Okay.

Was it as amended with the the name?

Oh excuse me, as amended with the spelling mistake.

All right.

Do I hear a second?

Second.

Thank you.

Can I get a roll call, please?

Okay.

Mayor Powell?

Yes.

Councilmember Tarango.

Yes.

Councilmember Seddon.

Yes.

Councilmember Garcia.

No.

Councilmember Wanawatha Rodriguez.

Yes.

Councilmember Schneider.

Yes.

Vice Mayor Curtis.

Yes.

The motion pass six to one, Mayor.

All right.

Thank you.

Next we're going to go to adoption of resolution number 24-1575.

Adopting the tentative budget for fiscal year 2024-2025.

For the city of Eloy in the amount of 64 million four hundred forty-four thousand seven hundred and thirty-five dollars.

One more time.

Good evening, Mr.

Mayor, members of the council.

Tonight I'm here to uh present the uh tentative budget to the mayor and council.

Um more importantly, it's my last time I'm gonna present the tenant budgets of mayor and council since uh I put in my my notice.

I will be uh my last day is June 21st, which I'll be uh departing here and going to the be the finance director for the city of Florence.

So the town of the town to town of Florence you already messed it up.

We'll change that.

Um but no before council tonight is adoption of resolution 241575 adopting the uh tenant budget for fiscal year 24 and 25 and the amount is 64,444,735 dollars um before you is schedule A to G, which is required by the Auditor General.

Um and so these forms have been filled out.

State law requires us to adopt a tenant budget on book honorable for uh the third money in July.

So we're doing this well beforehand.

Um once council adopts the tentative budget, that sucks sets the maximum limit that uh we can go.

All we can do at this point is then adjust it downwards if there's any adjustments to be made after the adoption tonight.

We'll be posting it in the local paper cascad and paper for publications on the 13th and the 20th, which is required.

Then there'll be public notices also in the paper that will state that on June 27th at a special meeting, we will hold a public hearing on the final budget and then also hold a public hearing on the property tax that night.

Then right after that, we'll adopt the uh final budget by resolution.

Um there is on the website it will be loaded up, which is the uh digital uh budget book, it will be the tentative, so people can view that.

Um there is a URL link on there, so you know I point to the public if they would like to look at it, they can uh go to that UL URL link for that.

So um, you know, we worked very diligently, the city manager, assistant city manager staff on this budget, and along with council, and we believe it's a very good budget for 2425.

All right, well, thank you.

Anyone have any questions regarding this before we read by title here or none?

Do I hear a motion to read by title for adopting resolution number 24-1575?

So moved.

Thank you.

Do I hear a second?

Second.

All in favor say aye.

Aye.

Any opposed?

Hear none.

A resolution of the mayor and city council of the city of Eloy, Arizona, adopting a tentative budget for the fiscal year 2024-2025.

All right, do I hear a motion to approve tentative budget for fiscal year 24-25?

Mayor, I'll make a motion to approve tentative budget for fiscal year 2024-2025.

Thank you so much.

Do I hear a second?

A second.

Thank you.

Can I get a roll call, please?

Councilmember Garcia.

Yes.

Vice Mayor Curtis?

Yes.

Councilmember Sutton.

Yes.

Mayor Powell?

Yes.

Councilmember Snyder.

Yes.

Councilmember Wanawatho Rodriguez.

Yes.

Councilmember Tarango.

Yes.

The motion passed unanimously, Mayor.

All right, thank you.

And good luck, Brian.

Thank you.

Appreciate all your hard work.

All right.

Next one go to item D, approval of an employment contract for David Mallowitz, a city manager, including salary and benefits.

Before I open this up, I want to ask anybody on council if they'd like to go to exact executive session regarding this contract before we move forward.

If we have some questions or discussions of some of the items in the contract, does that require us going to executive session?

See?

If the subject that you are asking for involves legal advice, I would suggest because I would not want to give you the legal advice I give you public, it would be private to the council.

I would like to go in section of session at maximum 30 minutes.

Perfect.

All right.

Do I hear a second?

I'll second.

All in favor to go.

Oh, we need uh David, um Mary for recording purposes, and Steve for um questions for legal questions.

So all in favor signify by saying aye.

Aye.

Any opposed?

Hearing none.

We're all right, ladies and gentlemen.

We'll be in executive session for 30 minutes.

Hold on, I'll give you guys a coin.

All right.

Calls meeting back to order from executive session.

Now we're gonna go to item D on the business.

Approval of an employment contract with David Mallowitz, a city manager, including salary and benefits.

Steve Mayor and Council, um, we had an executive session where we discussed the city managers additional matters and concerning the contract.

And uh we're gonna call up the screen for you.

What I believe for your consideration would be the final contract for your discussion and approval tonight.

Um I provided a co-act to the city to the council members, which basically lays out the highlights of of the contract, which basically is going to provide that while they're working on this.

I'm gonna keep talking until that make it look like we're actually you know we actually got this planned.

So the money benefits are as follows.

This contract will be effective tonight if approved by the council.

The base salary will be 161,401 dollars and twenty-nine cents, and it is subject to compensation increases that other city employees get, cost of living, bonus, one-time incentive, in other words, whatever you provide to the to the employee, the city manager would be eligible as well.

It does have a it does have a termination provision in there where if you decide that for no reason at all, you want to go in a different direction and terminate the city manager.

There's nine months worth of severance.

There is also an additional three months if the city manager is terminated within so many months of the seating of the new council.

And I believe that we have that on the screen, and there was going to be a couple of highlights on there.

One of which you can see on there is section 12, which is residency, where the city is encouraging the city manager to live within the city limits.

Uh you can speak to Mr.

Mallowitz about that issue.

I know that he is from conversations with him, he's gone to great lengths over the last over the last few years to try to find a residence in if the Eloy area and what success he's had or lack of success with that in trying to find things that are unique to his family.

They have horses.

I know a little bit about horses, they're more expensive than having uh alcohol problem.

And also, as well, basically um that those are really the main terms of the contract.

That's for your consideration, and if you approve it tonight, the motion would basically be to approve it as to the amendments set forth in paragraph 12, which are those where he is encouraged to live within the city limits of the city of Eloy.

And in addition to that, I believe we've also struck out one other clause basically with regards to consulting with the city.

Uh basically whether some language in any manner on appointments to the city, you know, to city department heads.

One of the concerns is basically we are going to have a community meet and greet when we start looking at applicants for the new chief of police, and which the council is going to be invited as will the public.

So the first one for section one we took out or in any manner take part.

Yes.

Okay.

So then in the new contract, the revised contract, it does not include or in any manner take part.

In the appointment or removal of officers and employees, and then the addition to section 12 and section 12.

Section 12 and if the council wishes to consider approving this this contract, you could have a motion to approve it as amended, and we've stated on the record what those amendments are.

Okay.

All right.

Anybody on city council have any questions regarding the amended contract for David Mellowitz?

No.

All right.

Do I hear direction from council?

Mr.

Mayor, I make a motion we accept this contract with the items as amended.

In section one and section 12.

Section one and section 12, yes.

Okay.

And they've also been noted by our city attorney, Steve Cooper.

Do I hear a second?

I'll second that.

Thank you.

Can I get a roll call, please?

Mayor Powell.

Oh man, I knew you were gonna put me first.

Um I mean I like them, but I don't know if I like them like them.

No, yes.

Okay.

Uh let's go with uh Councilmember Wanawatho Rodriguez.

Yes.

Councilmember Snyder.

Yes.

Councilmember Sutton.

Yes.

Councilmember Garcia?

Yes.

Vice Mayor Curtis.

Yes.

Councilmember Tarango.

Yes.

The motion pass you and see Mayor.

We've got to ask him what he thought.

I guess you don't have a choice now.

No, I don't know.

But no, I I think I I totally uh agree with these.

I appreciate uh working with all members of council, mayor, you it's been it's been a pleasure, and I look forward to many more years of continued success work partnering with you guys to continue to build the city.

So thank you very much and look forward to it.

Well, you got five months for me with me, so you better make a count.

I will.

We appreciate you, David.

You've you came in um as an assistant and you've done a very good job to the point where we just brought you in as city manager, and you continue to do an excellent job representing the city council and all the employees in the city of Eloy.

So thank you for all your hard work.

Um we do know that we have a golden child with you in McKinsey, so I guess we have to make sure we pay you appropriately too.

So you think we're who McKinsey?

He left, yeah.

Well, uh I'm gonna get on.

Yeah, this is that's his problem now.

So there you go.

All right.

Hey, uh that's gonna do it for tonight.

Thank you.

And um drive safe.

Good night.

Meeting adjourned.