On Tuesday, the Gilbert Town Council announced a $289,000 consulting contract for a feasibility study on establishing a commuter rail. The commuter rail, a mode of public transportation at the core of major metropolitan areas like Chicago and New York City, would likely be located somewhere within the Heritage district. The council moved to consider the contract during a later study session.
The proposal comes at a time when transit crime rates have reached an all-time high in areas where they have the most use such as New York City, San Francisco Bay Area, Philadelphia, and Los Angeles. Multiple studies link the presence of public transit such as light rail and commuter rail to an increase in crime and decrease in surrounding property values.
Vice Mayor Aimee Yentes asserted that the goal of the study wasn’t to establish feasibility, but rather to whip up something with “pretty pictures” that would distract from the facts behind commuter rail and inspire public support. Yentes accused Washington, D.C. lobbyists of pushing an agenda for financial gain at the loss of taxpayers and locals, mocking President Joe Biden’s “Build Back Better” campaign slogan as well.
“I think quite frankly we’re taking crazy pills if we think people are going to be excited about commuter rail,” said Yentes. “The complete boondoggle that this will be not just for this community, but for this state. We are literally observing California living this nightmare. I can’t point to a state that Amtrak is not being heavily and deeply subsidized by taxpayers despite 75 percent decline in their ridership. I can’t point to a state where we have a good model that makes any amount of sense for this. We’re going to put the foot on the pedal because we’ve got ‘Build Back Bankruptcy’ dollars that are going to be flooding the jurisdictions?”
Yentes also pointed out that all commuter rails require a local sales tax in addition to all the state subsidies and federal monies they receive. She predicted widespread community backlash.
“I think this is insane,” said Yentes. “I don’t think it’s a matter of timing. There is no good timing for broken 19th-century technology. I think this is a broken model and I think there’s a lot of buyer’s remorse in other states that have gone down this track.”
In addition to commuter rail, the transportation expansion would eventually become transit centers accommodating other types of transit: bus, bicycle, micromobility, and rideshare. Town research explained that such an initiative had been in the works since 1993.
Vice Mayor Aimee Yentes said she has “a lot of problems” with the proposed transit center, specifically the commuter rail, calling it “premature.” Yentes said that the scope of the project for stakeholder involvement wasn’t clear, and that the stakeholders’ work were oriented toward designing and planning rather than community outreach to assess desire and need.
Councilwoman Yung Koprowski insisted that the community at large was aware of the city’s intention to establish a commuter rail based on published documents made available to the community.
Yentes disagreed. She said it was one thing for these initiatives to be laid out in planning documents, but that the reality was the community weren’t involved in them. She said that only an “inner bubble” of the community kept an eye on planning documents.
“I think if I asked 100 of my neighbors if they know a commuter rail is coming to Gilbert, I think approximately zero of those people would be aware,” said Yentes.
Koprowski then clarified that this council decision would be the “first step” to get background and decide whether to move forward with the transit center.
Koprowski owns a transportation planning and civil engineering firm, Y2K Engineering.
Councilman Scott Anderson expressed doubts that the transit center would happen, citing Amtrak’s exclusion of Gilbert as a station location in previous reports and agreeing with Yentes that it was premature. Development Services Director Kyle Mieras revealed that Amtrak recently expressed support for a station location. He added that federal funds would be available to back the project.
“We wanted to show support for this and get ahead so if and when Amtrak or commuter rail does come forward, we’ve at least studied this and in a position where we’re going to come out ahead of it, so we’re skating to where the puck is going not where it’s been,” said Mieras.
Mayor Brigette Peterson added that the Amtrak southwest representative was shocked at Gilbert’s exclusion from viable locations. Peterson divulged that Phoenix Mayor Kate Gallego said that Gilbert was “way ahead” of their city when it came to establishing commuter rail, noting that the town had two areas open for stations, citing Cooley Station as an example.
“If Amtrak comes knocking with those federal dollars, is Gilbert on board to do that?” asked Peterson.
Koprowski noted that the feasibility study would offer some conclusion as to whether commuter rail was feasible and, if not, how the two potential areas could be repurposed. Yentes challenged the council to define its standard of feasibility.
Watch discussion of the transit center below:
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The vast majority of financial backers behind Yes for Safe and Efficient Gilbert Roads – a ballot measure expenditure campaign committee in support of the town’s $515 million transportation bond, which voters approved last week – are all who stand to benefit: builders, architects, general contractors, traffic data analysts, to name a few. Per the committee’s campaign finance reports, those financial backers accounted for $43,100 of the $54,850 they received since their inception.
The following is a breakdown of all those likely to benefit from passage of the transportation bond, and the donation amount associated with them:
Arizona Chapter of Associated General Contractors of America: $15,000
Jeff Hamilton, Project Director and Preconstruction Services
Some of the names leading the charge on in-state donors included the town’s present and former leadership: Vice Mayor Lee-Yung Koprowski gave $500, as did former mayor Jenn Daniels. Although the former mayor doesn’t own or work within an infrastructure-related company, her lobbying firm could stand to benefit as AZ Free News reported. Daniels also pushed her endorsement for the bond initiative through a text alert to Gilbert voters.
Councilwoman Kathy Tilque and Koprowski both serve as committee chairs, though the original filing for their committee didn’t name Koprowski as the chair. The committee formed in June of this year.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Former Gilbert Mayor Jenn Daniels has encouraged voters to support Gilbert’s $515 million transportation bond – a deal which her lobbying firm, Horizon Strategies AZ, could stand to benefit from greatly. Ballots for the all-mail special election began to be sent out last Wednesday.
The former mayor offered her endorsement on a text alert sent to Gilbert voters.
“Gilbert consistently ranks as one of the most desirable places to live because we have always focused on keeping taxes low and quality-of-life investments like safe roads, bike paths and improved technology to keep traffic moving,” read Daniels’ endorsement. “Question 1 is a responsible plan to keep up with growth and maintain our current streets and intersections. Please join me in voting YES on Question 1.”
Daniels’ endorsement was paid for by “Yes for Safe and Efficient Gilbert Roads,” sometimes also marketed as “Yes on Question 1.” The PAC disclosed that they received no funding from out-of-state contributors, and weren’t authorized by any candidate.
AZ Free News reached out to Daniels about her endorsement and potential benefits from the bond. She didn’t respond by press time. Daniels resigned from her position as Gilbert’s mayor last August, citing “personal reasons.” Shortly after, she turned her focus on building up her public relations and lobbying firm.
Former mayoral candidate Matt Nielsen raised concerns about Daniels’ endorsement of the $515 million transportation bond, noting that Horizon Strategies would stand to benefit from it. He told AZ Free News that the whole advocacy movement behind the bond was “really swampy.”
Nielsen also raised questions about Vice Mayor Yung Koprowski’s advocacy to pass the bond. Koprowski co-chairs “Yes for Safe and Efficient Gilbert Roads Committee,” or “Yes on Question 1 Committee” alongside Councilmember Kathy Tilque. The vice mayor also owns a transportation planning and civil engineering firm, Y2K Engineering. On Sunday, Koprowski and Tilque published an opinion piece in Gilbert Sun News urging Gilbert voters to approve the transportation bond. They also published their advocacy in the town’s publicity pamphlet.
“What it is is that the language behind the $515 million dollar bond is so vague that it looks like a blank check for government spending. The $515 million wasn’t a price tag from looking at the needs of the town, saying ‘This is a dollar amount that is needed,’” asserted Nielsen. “It just reeks of backroom deals, bad behavior in government again.”
Two of Horizon Strategies’ key team members were lobbyists in their recent past.
Jessica Pacheco worked as a lobbyist for power giant Arizona Public Service Company (APS) and their parent company, Pinnacle West Capital Corporation from 2010 to 2020, as well as the Arizona Chamber of Commerce from 2007 to 2008 and SunCor Development Company in 2010.
Katie Prendergast also formerly worked as a lobbyist for power giant APS and Pinnacle West Capital Corporation from 2014 until last September. Prendergast’s profile on the state lobbying portal doesn’t include her work as a lobbyist for the Arizona Small Business Association (ASBA).
Additionally, Horizon Strategies recently hired an Arizona State Capitol legislative staffer named Kelsey Jahntz to become their legislative director, as Arizona Daily Independent reported. Jahntz isn’t listed on the state’s lobbying portal, and hasn’t been listed on the Horizon Strategies team member webpage as of press time.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
During Tuesday’s city council meeting, the town of Gilbert declared that racism, homophobia, transphobia, ageism, and discrimination perpetuate domestic violence. The proclamation came from Mayor Brigette Peterson while establishing this October as Domestic Violence Awareness Month.
The entirety of the proclamation is reproduced below:
DOMESTIC VIOLENCE AWARENESS MONTH[:] WHEREAS, domestic violence is a serious crime affecting over 4 million Americans each year of all races, ages, gender, and income levels; and WHEREAS, racism, homophobia, transphobia, ageism and discrimination based on physical ability, nationality or other factors help to perpetuate domestic violence and make finding safety even more difficult for some victims; WHEREAS, in just one day, across the U.S. and its territories, nearly 75,000 victims of domestic violence sought services from domestic violence programs and shelters. That same day, more than 9,000 requests for services, including emergency shelter, housing, transportation, childcare and legal representation, could not be provided because programs lacked the resources to meet victims’ needs; and WHEREAS, domestic violence impacts millions of people each year, but it can be prevented. Preventing domestic violence requires the collective voice and power of individuals, families, institutions, and systems; and WHEREAS, Gilbert has dedicated Family Violence officers, Police Counselors and Victim Advocates saving lives every day; and WHEREAS, Gilbert joins with others across Arizona and the nation in supporting victims of domestic violence, as well as local programs, state coalitions, national organizations, and other agencies nationwide who are committed to increasing public awareness of domestic violence and sending a clear message to abusers that domestic violence is not tolerated in Gilbert; NOW THEREFORE, I, Brigette Peterson, Mayor of the Town of Gilbert, do hereby proclaim the month of October 2021 as: DOMESTIC VIOLENCE AWARENESS MONTH in Gilbert, Arizona and urge our citizens to work together to eliminate domestic violence from our community. In witness thereof, I hereby set my hand and affix the Official Seal of the Office of the Mayor, Town of Gilbert, Arizona, and this 21st day of September, 2021. (emphasis added)
It is unclear how racism, homophobia, transphobia, ageism, and discrimination perpetuate domestic violence. AZ Free News requested Peterson to clarify why these four were linked to domestic violence. The mayor didn’t respond by press time.
Local and state governments have designated October as domestic violence awareness month since the 1980s.
The town of Gilbert has issued official statements condemning racism and generally notes its opposition to discrimination in any forms. It hasn’t issued any statements condemning transphobia, homophobia, or ageism.
The mayor’s stance against discrimination in any form apparently doesn’t align with her personal conduct. Last month, reports revealed that Peterson is facing a discrimination complaint from current employee. The employee, Derek Konofalski, claimed the mayor was exercising a personal vendetta against him because of her dislike for the town logo and him being part of the digital government team. The complaint tied in with other complaints against the mayor concerning ethics and conduct.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Development agreements such as the one which required a former Gilbert property owner to pay the town nearly $760,000 toward the cost of public infrastructure improvements such as streets and sidewalks are legally binding contracts and not assessments that expire after a certain period of time, the Arizona Court of Appeals ruled this week.
In a unanimous opinion released Sept. 7, the court of appeals affirmed a 2005 development agreement between the Town of Gilbert and the property owner of an 11-acre parcel on the northwest corner of East Ray Road and South Lindsay Roads. The contract called for the owner -Greater Phoenix Income Properties- to pay “a proportionate share” of public improvements.
Those improvements, which included irrigation measures and relocating utilities, were completed long ago, according to court records.
The agreement also allowed a lien to be placed on the land until full payment was made. There was also a provision in the agreement expressly binding successor owners to the contract.
Fast forward to 2016 when Ray and Lindsay 11 LLC purchased the vacant land. Company officials acknowledged knowing the terms of the development agreement, including the lien provision. Ray and Lindsay 11 sold the still-undeveloped parcel to Richmond American Homes of Arizona in 2019 and paid off the lien in order to provide the new owners with clear title.
But before that, the company sued in Maricopa County Superior Court in an effort to void the development agreement with the Town of Gilbert. The litigation initiated in 2018 has cost the town almost $155,000 in attorney’s fees to defend the agreement.
Ray and Lindsay 11 argued that the agreement’s infrastructure reimbursement requirement was an assessment which under Arizona Revised Statutes 9-243(C) abates or expires after 10 years if the property has not been developed. If the agreement was treated as an assessment, the company could have pursued a refund.
Judge Pamela Gates, however, ruled the contractual development agreements like the one Gilbert utilized are governed by a different statute, ARS 9-500.05, and that there was no assessment against the property.
Gates’ ruling was upheld by the Arizona Court of Appeals, which noted state lawmakers passed ARS 9-500.05 to provide cities and towns the ability to negotiate and enter into broad development agreements as to “the conditions, terms, restrictions and requirements” for public infrastructure as well as the financing of and subsequent reimbursements for the costs “over time.”
The appellate opinion also pointed out a key difference between an assessment and a development agreement – specifically the required mutual assent of the parties.
Gilbert officials have been represented in the case by Charles Wirken of Gust Rosenfeld. Last July, Gates signed an order and judgment against Ray and Lindsay 11 LLC for $123,603 plus interest to cover the town’s attorney fees.
The Arizona Court of Appeals affirmed the lower court award of attorney’s fees. It also awarded the town another $30,342 for Wirken’s fees expended to fight the appeal. That award has not yet been converted into a judgment. Ray and Lindsay 11 has until Sept. 22 to file a petition for review with the Arizona Supreme Court.
The Sept. 7 opinion is not the first time the Arizona Court of Appeals ruled on this case.
In May, the parties received a memorandum decision from the court with the same conclusion. However, Wirken asked the court to consider rewriting the decision as a published opinion which can be cited by other municipalities threatened with litigation over the same type of assessment argument. The court of appeals agreed, hence this week’s opinion.
Gilbert City Councilwoman Aimee Rigler Yentes told AZ Free News she welcomed the news coming out of the Arizona Court of Appeals.
Yentes has lived in Gilbert for 20 years, and is the co-founder of the Gilbert Small Business Alliance. She supports bringing development to the town and is pleased to see the town’s development agreement upheld in this case.
“The Town’s approach to ensure reimbursements were honored to make taxpayers whole was well within their authority, as affirmed by the Court of Appeals,” Yentes said. “When a municipality enters into a development agreement, it is most critical that the private interest benefits do not exceed the public returns.”
Former Gilbert Mayor Jenn Daniels has encouraged voters to support Gilbert’s $515 million transportation bond – a deal which her lobbying firm, Horizon Strategies AZ, could stand to benefit from greatly. Ballots for the