OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Study Session on At-Risk Grading Permits and Court Fees – February 4, 2026

Town Council MeetingsWednesday, February 4, 2026
BodyGilbert, Arizona
SessionTown Council Meetings
DateWednesday, February 4, 2026
StatusFILED
Video Record
0:00 / 23:33

Transcript — Verbatim
12:52

Do we have all staff present that will be presenting in the study session, Kyle?

12:56

Yeah.

12:57

Okay.

12:59

So uh I'll call to order this study session and call for the roll call.

13:08

Mayor Scott Anderson.

13:09

Here.

13:10

Vice Mayor Chuck Bongiovanni.

13:11

Here.

13:12

Council Member Sorry, Council Member Buckland.

13:15

Here.

13:16

Council Councilmember Buckley.

13:20

Here.

13:21

Council Member Kaprowski.

13:23

Here.

13:23

Councilmember Lyons?

13:25

Here.

13:25

And Council Member Torreson.

13:27

Here.

13:27

Okay.

13:28

Thank you.

13:29

Our first item is presentation and discussion on at-risk grading permits.

13:58

Okay.

13:59

Sorry.

14:00

Hi, I'm Justin Eisenham from the Development Services Group.

14:03

I'm here to talk about the LDC text amendment, administrative review and approval of the at-risk grading permits.

14:21

Allow at risk creating submittals for on-site preliminary grading and drainage work.

14:26

And that's effective the first of this year.

15:00

Proposed to amend the proposed amendment authorizes preliminary on-site grading work before final permit approval, allows the town to establish fees for permit review and processing, establish the criteria related to permit applications and design plans, and allows them to be revoked for noncompliance, failure to disclose facts, lack of progress, fraud, site conditions, or safety issues, and also allow to make technical and conforming changes to the plans.

15:25

Do you have any questions for me?

15:28

Any questions, counsel one of those great state laws.

15:34

Yeah.

15:37

Thank you.

15:39

Thank you.

15:42

Our second item is presentation and discussion on court program and service fees ordinance.

15:49

Chris.

15:50

Yes.

15:51

Good evening, Mayor and Council.

15:53

So we're going to talk about some recommendations to institute some new fees for court programs and services as well as detention fees.

16:03

These fees in particular are something that a couple of them would be new, and a couple of we're just codifying, so we'll go over those, their existing fees.

16:13

So from the first, what we're looking at here is the first update would be to create a new section 22-40 in the Gilbert Town Code, it's under the court section, and we're calling the ordinance, the proposed ordinance, the court program and services fees.

16:30

So currently, the court institute a Gilbert Youth and Adult Resources fee.

16:36

And as you can see there, what's being proposed is the authority for the court to have a reasonable fee set by the Gilbert Youth and Adult Resources.

16:45

That's the town counseling services, and we'll we'll talk about that.

16:51

And they do screening assessment and counseling services.

16:54

And so currently that fee is being assessed when someone has to go to yards.

16:59

It's being assessed, and what we'd like to do is just formally codify that authority.

17:04

Number two is a forensic laboratory fee.

17:06

This is a fee that's currently been assessed, it's been assessed for a long time by the court, and it's for the DUI fees.

17:12

So if someone gets a DUI, we have to pay for the lab fees.

17:15

We have a contract with the Mesa Crime Lab, they charge us a fee.

17:20

That fee then gets tacked on to the defendant when they're convicted of DUI or they plead guilty to DUI.

17:26

So those two fees, they're existing, they've been charged by the courts, and we just like to formally codify that.

17:33

The new one, the third one there is a prosecutor diversion fee.

17:36

That would be a new fee that we're asking the council to consider and approve, and if so, we'd bring it to the council on the 17th.

17:43

And so what this fee does, and this fee is authorized by statute, you see down there in 9500.22.

17:50

A number of cities in the valley have this type of fee or similar versions of the fee.

17:55

The council communication, if the if the council gives direction to go forward with this, we talk about in there what the fees are, and it depends from city to city.

18:03

Some go from a hundred dollars up to five hundred dollars.

18:06

What we'd be recommending is two hundred dollars per case, and that will offset the cost of a full-time employee, a paralegal who can manage and oversee this fee.

18:17

And so it'd be a basically a uh revenue neutral um uh fee, and then that that fee would be revisited from time to time, come back to council if need to be if the cost of that paralegal uh that full-time employee would increase.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████50%
Public Safety███████████████████████26%
Zoning And Land Use██████████████████████24%
Summary of Proceedings

Study Session on At-Risk Grading Permits and Court Fees – February 4, 2026

This study session, held on February 4, 2026, included two presentations for council discussion: an LDC text amendment allowing administrative review of at-risk grading permits, and a proposed ordinance to codify and introduce new court program and service fees, including a prosecutor diversion fee and detention recovery fee. No votes were taken; the council provided direction to bring the fee ordinance forward for a regular session vote on February 17, 2026.

Discussion Items

  • At-Risk Grading Permits: Justin Eisenham from the Development Services Group presented a proposed LDC text amendment to authorize preliminary on-site grading work before final permit approval. The amendment would allow the town to establish fees, set criteria for permit applications and design plans, and permit revocation for noncompliance, failure to disclose facts, lack of progress, fraud, safety issues, or site conditions. The council had no questions.
  • Court Program and Service Fees Ordinance: Chris presented a proposed ordinance covering two areas:
    • Court Program and Service Fees: Codifying existing fees (Gilbert Youth and Adult Resources fee, forensic laboratory fee for DUIs) and creating a new prosecutor diversion fee of $200 per case for voluntary diversion programs, to offset the cost of a paralegal. The fee would be non-waivable by the court, while the other fees could be waived for financial hardship.
    • Detention and Jail Cost Recovery Fees: A new detention recovery fee (amount to be set, not to exceed actual detention costs) and codification of an existing jail cost recovery fee. Both fees could be waived or reduced by the court based on hardship or justice. The council gave direction to bring the ordinance to the regular session on February 17, 2026.

Key Outcomes

  • The council provided direction to staff to bring the proposed court program and service fees ordinance to the February 17, 2026 regular council meeting for a vote.
  • No action was taken on the at-risk grading permit amendment; it was presented for discussion only.

Meeting Transcript

Do we have all staff present that will be presenting in the study session, Kyle? Yeah. Okay. So uh I'll call to order this study session and call for the roll call. Mayor Scott Anderson. Here. Vice Mayor Chuck Bongiovanni. Here. Council Member Sorry, Council Member Buckland. Here. Council Councilmember Buckley. Here. Council Member Kaprowski. Here. Councilmember Lyons? Here. And Council Member Torreson. Here. Okay. Thank you. Our first item is presentation and discussion on at-risk grading permits. Okay. Sorry. Hi, I'm Justin Eisenham from the Development Services Group. I'm here to talk about the LDC text amendment, administrative review and approval of the at-risk grading permits. Allow at risk creating submittals for on-site preliminary grading and drainage work. And that's effective the first of this year. Proposed to amend the proposed amendment authorizes preliminary on-site grading work before final permit approval, allows the town to establish fees for permit review and processing, establish the criteria related to permit applications and design plans, and allows them to be revoked for noncompliance, failure to disclose facts, lack of progress, fraud, site conditions, or safety issues, and also allow to make technical and conforming changes to the plans. Do you have any questions for me? Any questions, counsel one of those great state laws. Yeah. Thank you. Thank you. Our second item is presentation and discussion on court program and service fees ordinance. Chris. Yes. Good evening, Mayor and Council. So we're going to talk about some recommendations to institute some new fees for court programs and services as well as detention fees. These fees in particular are something that a couple of them would be new, and a couple of we're just codifying, so we'll go over those, their existing fees. So from the first, what we're looking at here is the first update would be to create a new section 22-40 in the Gilbert Town Code, it's under the court section, and we're calling the ordinance, the proposed ordinance, the court program and services fees. So currently, the court institute a Gilbert Youth and Adult Resources fee. And as you can see there, what's being proposed is the authority for the court to have a reasonable fee set by the Gilbert Youth and Adult Resources. That's the town counseling services, and we'll we'll talk about that. And they do screening assessment and counseling services. And so currently that fee is being assessed when someone has to go to yards. It's being assessed, and what we'd like to do is just formally codify that authority. Number two is a forensic laboratory fee. This is a fee that's currently been assessed, it's been assessed for a long time by the court, and it's for the DUI fees. So if someone gets a DUI, we have to pay for the lab fees. We have a contract with the Mesa Crime Lab, they charge us a fee.

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