Gilbert Sun News 08/20/2023

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An edition of the East Valley Tribune

Inside This Week

NEWS............................ 6 Ex-cop may lose certification for holding gun to woman’s head.

COMMUNITY.............18 Researchers, artists pair for unusual exhibit.

Sunday, August 20, 2023

Council gets an Staying strong earful about big house, staff OK

BY CECILIA CHAN GSN Managing Editor

N

ate LeSueur says that for the past year and a half, anytime it rains and with any amount of rain, water would flood onto his property on Melrose Street.

The culprit is a three-story, 5,000-squarefoot house under construction in the front yard of LeSueur’s next door neighbor’s existing home.

“Who would want to buy a property that acts as water storage for their neighbor’s property?” LeSueur said at the Aug. 15 Gilbert Town Council meeting. “What do you think the value of my property is now?”

see MELROSE page 14

Highland High junior quarterback Kalen Fisher, left, and his father, Tray, dealt with a bout of adversity when Kalen’s mother and Tray’s wife, Sonya, was diagnosed with lymph node cancer before the playoffs last season. They stuck together as a family as she recovered and Kalen led Highland to the 6A championship. For their story and a preview of Gilbert’s 2023 high school football season, see page 25. (David Minton/Staff Photographer)

Meter is ticking on ethics probe, mediation BUSINESS................... 21 Sip while you shop at this Gilbert woman’s store.

COMMUNITY............................. 18 BUSINESS....................................21 SPORTS....................................... 25 GET OUT......................................28 CLASSIFIEDS.............................29

BY CECILIA CHAN GSN Managing Editor

H

e presided over cases, including the state’s redistricting map, the Baptist Foundation of Arizona’s $550-million swindle and then-Maricopa County Supervisor Don Stapley’s criminal indictment that was later found to be baseless.

Now retired Maricopa County Superior

Court Judge Kenneth Fields is focusing his attention on three of the five ethics violation complaints against the mayor and Town Council members. The investigations kicked off over two weeks ago.

The other investigator for the remaining two complaints is Phoenix attorney Sarah Barnes.

Town Attorney Chris Payne sent the complaints to the outside investigators to avoid a conflict of interest.

“In selecting outside investigators, the Town Attorney’s Office evaluates a number of criteria, including the following: conflicts, subject matter expertise, investigative experience, municipal experience, skill, impartiality and availability,” said spokeswoman Jennifer Harrison in an email.

Fields, who owns a mediation company in

see FEES page 12

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GILBERT SUN NEWS | AUGUST 20, 2023

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GILBERT SUN NEWS | AUGUST 20, 2023

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GILBERT SUN NEWS | AUGUST 20, 2023

Gilbert schools constantly battle cyberattacks An edition of the East Valley Tribune

Gilbert Sun News is published every Sunday and distributed free of charge to homes and in single-copy locations throughout Gilbert.

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GSN NEWS STAFF

G

ilbert Public Schools likes to get in front of protecting students and staff from campus threats and it’s no different when it comes to cyberattacks.

“Gilbert Public Schools Technology Services Department has taken significant steps to enhance the cybersecurity posture of the district,” said Jon Castelhano, executive director of the district’s Technology Services Department.

GPS, the fifth largest school district in the state, boasts an enrollment of 33,000 students.

According to the federal government, the 2022-23 academic year alone saw cyberattacks significantly impact at least eight K-12 school districts in the country, forcing four to cancel classes or close completely.

The loss of learning following a cyberattack ranged from three days to three weeks and recovery time can take anywhere from two to nine months, according to a 2022 report by the U.S. Government Accountability Office.

“We have not experienced any serious incidents of compromise recently,” Castelhano said. “We are not aware of any issues that have affected more than a single user account or single computer system at any time recently.

“We believe this is due to our increased security standards.”

But GPS is routinely assaulted by random cyberattacks that largely comprise email phishing, which occurs on a daily basis, according to Castelhano.

Phishing scams use a fake email that resembles an email from a reputable source meant to trick users into divulging private information. In 2017, a Texas school district lost $2.3 million due to a phishing email scam, according to news reports.

“Malicious attacks are present 24 hours a day, 365 days a year,” Castelhano said. “New attack methods using newly

identified weaknesses or ‘bugs’ are constantly evolving.

“The email message as a pathway for compromise remains the most common technique of successfully attacking an organization. It is estimated that 60% to 70% of successful attacks start with email.”

Castelhano said the district has filtering in place that detects and blocks connection attempts from known malicious addresses and from most everything outside of the United States.

However, he noted, “The blocked attempts will continue and the malicious actors are always looking for a weakness.”

He said the district also has enabled multi-factor authentication for all staff and students in grades 6-12 with plans to continue with grades 4 and 5 in the future.

“The district has added an extra layer of protection to user accounts, greatly reducing the risk of unauthorized access,” Castelhano said. “We have also implemented strong password requirements that further support the district’s security measures.

“By enforcing robust password standards across all user accounts, we are mitigating the vulnerabilities associated with weak passwords and unauthorized access attempts.”

GPS began allocating funds for cybersecurity in 2019 with a budget of $50,000.

Today the annual budget for just the licensing costs for the various software programs is about $490,000, according to Castelhano.

“Adhering to strict update procedures for software maintenance is an essential aspect of maintaining a secure digital infrastructure,” he explained. “Keeping all devices up to date with the latest software patches and updates is a responsible approach to mitigating vulnerabilities and reducing the potential for exploitation by cyber threats.

“This ensures that our technological

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environment is resilient and less susceptible to emerging security risks.”

Although his department hasn’t added personnel, Castelhano said “our internal departments have taken on different responsibilities around cybersecurity, attended trainings, and work closely with peer groups to continue learning best practices on protecting our network.”

The federal government also is lending a helping hand.

The Biden administration recently announced plans to further bolster cyber defense at the nation’s 13,000 school districts by providing additional resources.

The resources include a three-year pilot program providing up to $200 million to support cyber defenses for schools and libraries and also a guidebook with recommendations to help schools secure and protect their digital infrastructure.

The IT team at Higley Unified School District has proactively implemented many of those recommendations released by the U.S. Department of Education Office of Educational Technology, according to spokeswoman Teresa Joseph.

“Ensuring the safety and security of our students and staff is of utmost importance, including cybersecurity,” Joseph said. “We have not suffered any learning loss due to cyberattacks. A substantial portion of our annual budget is allocated towards cybersecurity measures and content filtering protocols.”

According to Joseph, HUSD’s cyber threats vary, ranging from phishing attempts to malware or ransomware attacks but that mechanisms are in place to detect them.

“Every school district is different and has needs that are not identical with different levels of internal support,” Castelhano said, adding that the guidebook “is a helpful starting point when having discussions on cybersecurity and other technology-related challenges.”

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1 Li, C. M. & Hoffman, H. J. (2014). Untangling the Link Between Hearing Loss and Depression. Retrieved from: http://journals.lww.com/thehearingjournal/Fulltext/2014/07000/Untangling_the_ Link_Between_Hearing_Loss_and.2.aspx | 2 Lin, F. R., Yaffe, K., Xia, J., Xue, Q., Harris, T.B., Purchase-Helzner, E., … Simonsick, E.M. (2013). Hearing Loss and Cognitive Decline in Older Adults. JAMA Internal Medicine,173(4), 293-299. doi:10.1001/

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This shot from an officer’s body camera shows Gilbert ex-cop Andrew Neves holding a gun to the head of a handcuffed woman. (AZ Post)

Ex-Gilbert cop put gun to handcuffed woman’s head

BY CECILIA CHAN GSN Managing Editor

A

former Gilbert cop who put his service weapon against a handcuffed woman’s head during an arrest could lose his certification.

The Arizona Peace Officer Standards and Training Board last week unanimously voted to initiate proceedings against Andrew J. Neves that could include suspension or revocation of his certification to be a police officer in the state.

Gilbert Police did not say by the Gilbert Sun News dealine when Neves left the force and if he resigned or was fired.

The incident in question unfolded Oct. 1, 2022 when Neves was dispatched to help fellow officers stop a woman fleeing from police in a stolen vehicle, according to Rich Bradshaw, AZ POST compliance specialist.

The woman, identified only as Christina, had attempted to drive directly at several officers in their marked police vehicles, Bradshaw said.

“Neves found Christina in her vehicle in a residential neighborhood,” Bradshaw said. “Christina then intentionally used the stolen vehicle to collide with Neves, who then used his marked patrol vehicle to push her up into a driveway which helped contain her.”

Bradshaw said two other Gilbert officers arrived at the scene and while one of the officers pulled the woman out from the vehicle, “Neves provided lethal overage with his duty weapon.”

Bradshaw presented body camera videos of the arrest that showed the woman screaming as she resisted the officers’ orders to put her hands behind her back.

While the two other officers attempted to handcuff her, Neves knelt down

by Christina’s head and used his “duty weapon to push her head to the ground by placing the muzzle directly against her temple,” he said.

“Neves pushed down on Christina’s head for approximately 10 seconds,” he continued.

A sergeant than arrived and “forcefully and carefully pushed Neves’ hands to the side to get the barrel of the gun off of Christina’s head,” Bradshaw said.

While the sergeant moved to the other side, “Neves again used his duty weapon to push down on Christina’s head approximately five seconds until Christina was handcuffed by the other officers,” Bradshaw said.

He said that a defense tactics and firearms instructor for Gilbert Police reviewed the incident and “wrote, ‘Officer

see POST page 8

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GILBERT SUN NEWS | AUGUST 20, 2023

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Spencer’s buys Towne Square parcels for $5.9M GSN NEWS STAFF

S

pencer’s TV and Appliances last week bought three parcels of land around Gilbert Town Square for just under $5.9 million.

The three parcels along Gilbert Road near Warner Road total 10.7 acres are located at the southern and northern ends of the strip mall, according to Valley real

POST from page 6 Neves decided to point his firearm at the suspect’s head with pressure down. This is not taught at any police academy I’m aware of and violated rule No. 2 of the firearm safety rule stating to not point the firearm at anything you’re not willing to destroy.’”

Bradshaw said the instructor also stated that using both lethal coverage and head control are not usually advised and not taught.

“The incident was investigated by Gilbert PD and they sustained a use of

estate tracker vizzda.com.

The sale translated into $566,432 per acre, vizzda reported, and no debt was filed with the Aug. 10 transaction.

The land is zoned for commercial use.

The acquisition is the company’s first land purchase this year, records show, after it spent about $18 million on three separate land transactions in Scottsdale last year. force policy violation,” Bradshaw said.

An Arizona POST master defense tactics and fire instructor also reviewed the body-worn camera footage.

He determined the force used by Neves during his contact with the suspect was not in accordance with the agency’s firearms tactics and was not reasonable based upon the suspect’s actions, according to Bradshaw.

Neves also is currently being sued in federal court along with two other Gilbert cops and the Town of Gilbert over an October 2020 incident. The suit is making its way through the legal system.

GILBERT SUN NEWS | AUGUST 20, 2023

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GILBERT SUN NEWS | AUGUST 20, 2023

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Sunday, May 28, 2023

e a Gilbert murder case The ‘accident’ that becam

Valley Tribune

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19 ended a case that His sentencing on May unraveled after examGilbert police quickly Vista Lakes home. But ining the couple’s Val the pain of Sherri’s murwhat will never end is 2023 and her mother. der on her two children Eric Ponsaday, multiple times Best of o one outside of Mark “I think about her every FREE happened the Sherri’s mother. “I ti knows what exactly a day,” said Susan Klausch, this SUBSCRIPTION to death in their and how could he do night he beat his wife think about the kids is and his wife. It’s unas the State of Arizona far kids As his of home. mother Gilbert to the died with Sherri Posanti. concerned, the truth believable.” to attend the will spend the next But Mark Posanti man Klausch flew from Wisconsin WHO’S prison for her murder, a victim impact statethe BEST? two decades in state sentencing and read slip and fall in the mashas changed my life which he staged as a ment. “Losing Sherri of pain “The judge. the ter bathroom. forever,” Klausch told can Sunday, June 4, 2023 the maximum sen- PAGE 27 is unbearable. How Ponsati, 42, received living without Sherri in | GilbertSunNews.com in a fall at March convicted him claimed his wife died tence after a jury in FREE ($1 OUTSIDE OF GILBERT) 6 otherwise. of 33-year-old wife Mark Ponsati proved Tribune see PONSATI page Police Valley the East the second-degree murder Gilbertofhome. their edition credit for time served, An on Sept. 7, 2017. With (Special to GSN) 7, 2042. his release date is Sept. remains and “the investigation Inside This Week to police.

BY CECILIA CHAN ongoing,” according COMMUNITY........... 35 her back,” deaths.Managing Editor “She was sleeping on Heritage wounds and 105 non-hostile GSN EisiHD SOUTH looks at the daughter. service, her of said military of Kim Hansen In his 20-plus years District of yesteryear.

GSN NEWS STAFF positions ineteen-year-old Rachel in the lower left numerous leadership be- “The bullet went and deco- minger held Hansen was ready to out her top to battalion command. retired U.S. Army officer of abdomen and went will speak at a from platoon gin the next chapter largest geographicalright shoulder. rated combat veteran He managed the if re- was engaged to be 9:30-10:30 life – she Battalion Recruiting her “There’s some question Memorial Day ceremony, ly dispersed Army had earned a real estate Washington, was unlocked or 29 at Gilbert Civic Cenin SWmarried, .... 4 for operations to a the main door a.m., Monday, May sponsible NEWS ....................... and recently moved But her bedHawaii, license Korea, Center Drive.

California, someone had a key. ter’s lawn, 50 E. Civic Oregon, Northernteam in fire because she Gilbert apartment. newCommonsigning up at justserve. Town fields a winning room door was shut People can help by Guam, American Samoa, and second day in her she was hydrant contest.

Islands, On Rachel’s after the ceremony. Japan, had two pups in there the Northern Marianas to clean up the venue in the Redstone at San Republic BUSINESS.................38 org Eisiminger served in the Army’s Field wealth of Associated States of new the home fostering.” her Tom Freely entered the someone and a.m., SatVillage, of Palau Shield/Desert Storm RepublicTan In her 911 call at 2 San Tan Village salon personalizes shot Artillery during Desert of the Marshall Island, the told apartment after midnight, 4, 2022,is Rachel skin care. a lieutenant colonel.

Eisminger urday, TomJune and (Ret) bedCol. inLt. and retired in 2005 as Federated States of Micronesia. once was the she she that 1990-91 while in Army Day recruiting dispatch 35 her was waged as top Memorial Police Gilbert’s The Persian Gulf War COMMUNITY............................. speaker atGilbert pronounced He twice earned awards in her featured ....38 left. Rachel was later after Iraq invaded Kuhad been shot by a stranger in (Special to GSN) BUSINESS .............................. to defend Saudi Arabia Regional Medi4 ceremony.

Hansen was fatally shot Chandler ...... 41 deadLatpage was liberated at a cost see MEMORIA apartment. equestrian at age 19, Rachel murder remains unsolved.

OPINION .............................. wait. The Arab emirate Accomplished Gilbert Her ........42 cal Center. in action, two died of “They didn’t take anything,” a year ago today, June 4.

SPORTS .............................. anniof 96 U.S. soldiers killed her Gilbert apartment 45 Today marks the one-year COMMUNITY........... 22 CLASSIFIEDS ............................

No sus8 (Special to GSN) versary of Rachel’s death. see RACHEL page A last look at Higley High’s identified pect has been publicly of ‘23.

Inside This Week BESTOF

Gilbert

BY CECILIA CHAN GSN Managing Editor

N

Spring sports roundup

The votes are in.

The people have spoken…

It’s the Best of Gilbert!

ins unsolved rt teen’s slaying rema Gilberrow later,tomo yeariors 1warr

fallen Gilbert remembers

A

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Town Council

target State, federal suits

Class

the Town in litsel to review and defend Jennifer Harrison move against her politson in a retaliatory igation,” spokeswoman police to remove to the litigation, the ical opponents ordered said in an email. “Due further.” signs at the back them for silently holding entire council Town will not be commenting by claims The preceded council chambers.

The two suits were returned to of deemed denied benamed as defendants own Council members and the Town are for damages that were the Memorial took no action withwork last week after were served last Wednesday. cause Gilbert officials being sued and lawsuit against the Day break to find they’re 60-day time limit.

Ryff also filed a state of a the mayor in the violating the who were cast out and the town, claiming mayor targeting and “The council by three residents dein actual malice months ago. of residents she disand town “acted with public meeting nine constitutional rights Ryan Handelsman Dr. Brandon Ryff, faming” him. lawsuit page 14 (Wednesfederal noon SUITS a at see filed “Gilbert was served and Joanne Terry freedom of speech engaged outside counday) and we have May 26 alleging their Mayor Brigette Peterwas violated when A

BY CECILIA CHAN GSN Managing Editor

BUSINESS................. 23 New Gilbert clinic offers array of therapies.

a broad

COMMUNITY..............................21 ... 23 BUSINESS ............................... ....... 27 SPORTS ............................... ......30 GET OUT...............................

33 CLASSIFIEDS ............................

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Realtors group sets tournament, scholarship GSN NEWS STAFF

T

he West and SouthEast REALTORS of the Valley (WeSERV) has partnered with Arizona State University to provide a scholarship fund in memory of Matt Ortega, a Phoenix Realtor and Valley government leader who died in 2021.

And to continue funding for the scholarship, WeSERV is holding a Matt Ortega Memorial Golf Tournament at 7 a.m.

Sept. 26 at Dobson Ranch Gold Course, 2155 S. Dobson Road, Mesa.

Registration is $400 for a foursome and $100 for an individual, though the price rises after Sept. 12. The registration fee includes lunch, prizes and other green fees, cart and range balls. Register at weserv.realtor/calendar.

The $25,000 Matt Ortega Memorial Scholarship is for Native Americans attending ASU’s School of Public Affairs as undergraduate and graduate students and who show “an affinity for public affairs, local government management or

real estate,” WeSERV said in a release.

“Matt, a proud alum at ASU, served as the student body president and was the homecoming king during his senior year in 1990. He had a deep passion for public service, where he served as the director of government relations for the Maricopa Community College System, associate director for the Valley Metro Regional Public Transportation Authority, and the director of intergovernmental relations for the Town of Gilbert.”

Ortega joined WeSERV, formerly known as the SouthEast REALTORS of the Valley, in 2015 and served as the vice president of government affairs.

“During his time at the association, Matt was a beloved staff member revered by his colleagues and WeSERV volunteers. His infectious charm, charisma, and energy were felt throughout the association’s hallways and with each member, he came across,” WeSERV said.

“His wisdom for government affairs and countless stories dealing with life’s

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hurdles were some of his best qualities.”

Roger Nelson, WeSERV CEO, added, “The passing of a colleague is never easy to handle, especially someone like Matt. His door was always open to staff members and volunteers whenever they needed guidance or a good laugh.

“Although Matt is no longer here in physical form, the association hopes the scholarship fund will keep his legacy alive.”

WeSERV, established in 1946, is a member-driven nonprofit trade association with over 26,000 Realtors and affiliates throughout Cochise, Maricopa, Pinal, and Santa Cruz counties.

Association volunteers and the Member Services Team work “to deliver resources, services, and education with a vision to be One Premier Association and the mission to provide services that lead to member prosperity.”

WeSERV also advocates for members and works to protect the real estate industry.

Information: weserv.realtor.

GILBERT SUN NEWS | AUGUST 20, 2023

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NEWS

FEES from page 1 Phoenix, is to be paid $500 an hour for his service plus reasonable expenses, according to the town.

Barnes, a partner at Broening Oberg Woods & Wilson, is to be paid $330 an hour, while an associate would earn $255 an hour; a law clerk, $175, and a paralegal, $145, according to Harrison.

Both Fields and Barnes are tasked with reviewing the town’s Code of Ethics, reviewing the complaint and all pertinent documents and materials related to the complaint and interviewing the persons connected to the complaint and anyone else deemed appropriate.

The lawyers also have to prepare reports detailing their findings and conclusions and can make recommendations related to the Ethics Policy.

The cases include allegations of unfairness and disrespect, interference with the duty to disclose a violation and disclosing confidential information.

Fields will handle the complaint filed by resident Maureen Hoppe against council members Jim Torgeson and Bobbi Buchli.

GILBERT SUN NEWS | AUGUST 20, 2023

Hoppe claimed the two “bullied” her and she accused Buchli of blocking her on a personal social media account.

Hoppe also said that after she provided facts on a pay raise issue, the council members didn’t correct themselves and instead continued putting out “untruths.”

The majority of the exchanges Hoppe cited came from a private GOP committee Facebook page.

Fields also will review Mayor Brigette Peterson’s complaint against Torgeson, and Councilman Chuck Bongiovanni’s complaint against the mayor.

Peterson accused Torgeson of badmouthing her, using as evidence a recording of a private phone message he left for Hoppe, his former campaign worker.

Bongiovanni’s complaint, which he amended several times, accused the mayor of electronically filing her complaint at the end of the business day Thursday and then leaking the information to a reporter the following Friday.

Given that no one at Town Hall learned of the complaint until Monday when office hours resumed, the mayor had an ethical duty to notify the council that she

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had filed against one of them, according to Bongiovanni.

He also charged that the mayor discussed “private council information” with former member Bill Spence in that Spence knew that Peterson gave “just the text of a complaint that she authored (making it her sole and personal property) to one reporter.”

Bongiovanni contends that once Peterson submitted the complaint, it became the Town’s property.

“The breach of information and trust is unconscionable and not the behavior I expect from the mayor,” Bongiovanni said in his complaint. “I do not believe the mayor can be trusted with any confidential town council information. This is a real threat to the public.”

He also contends the mayor used Hoppe’s private voicemail for her claim against Torgeson, who previously has filed ethics violation complaints against Peterson and has been openly critical of her leadership prior to his 2022 election.

Barnes is handling Spence’s complaint against the entire council.

Spence’s claiming that one or more council members had sufficient evidence that “a violation of laws or the Code of Ethics had occurred” and failed to report it. He also claimed that one or more council members “allegedly made threats” against a developer and that Torgeson recused himself from a vote for reasons not allowed by the town.

Barnes also is reviewing county island resident Terri Naddy’s conflict of interest complaint that Councilwoman Yung Koprowski’s engineering firm received a few Town contracts while she sat on the dais.

There’s nothing in Gilbert’s codes that prohibits this.

It is unclear how long the investigations will take.

Resident Brandon Ryff, for one, hoped the two investigators do a better job than the attorney who handled a complaint that involved him.

“I hope they are paying attention and choose to be different, to act with integrity and professionalism,” Ryff said. “The mayor is an absolute disaster. Going on the better part of a dozen times in a row, she manages to come out squeaky clean, a moral example for the public to see.”

Peterson has been the subject of nine previous ethics violation complaints since taking office in January 2021. She was cleared in all of them.

The complaint involving Ryff and two other residents was filed last year by Naddy against the mayor after Peterson ordered police to remove the three from a public meeting for silently holding up signs – “Don’t Mesa my Gilbert” and “Stop Lying” – at the back of the room.

Attorney William Sims, however, found no wrong doing and backed Peterson’s actions, saying that she was doing her job

see FEES page 15

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NEWS

GILBERT SUN NEWS | AUGUST 20, 2023

MELROSE from page 1 He said that although the property owner submitted a grading and drainage plan in the spring, not one shovel full of dirt has been moved.

He also said that he’s hired an independent engineering firm that reviewed the plan and found it fell short.

“So I’m here to ask for help,” he told the council.

Council did not respond to the residents because state law prohibits members from responding to items not on the agenda.

LeSueur and other residents of the Poco Bueno Ranchos neighborhood first approached the council in January to try and stop what they say is a house with three rental units being built by Joseph and Laura Kerby, who declined comment.

According to the residents who have viewed the plans, the house has three kitchens with different entrances for each of the three levels, two rooftop party decks and a full gym above an RV garage.

It saddens me we have to come back to address this again. Several of you spoke with me personally and each one of you who spoke to me said it was inappropriate and council would address it.

Melrose Street homeowners are furious that Gilbert staff approved construction of this house, which they contend should never have received approval. (David Minton/Staff Photographer) The Kerbys’ residential lot is roughly 1 acre in size and zoned single family-35.

Under the SF-35 zoning, a maximum of two primary dwelling units per acre are allowed.

The secondary dwelling must not have an internal access to the primary access, and is allowed to have full kitchen facilities and may be rented,

according to the town.

Neighbor Amy Langdon said that after the town rejected the initial permit application for the structure multiple times, staff later without explanation changed its position and approved the permit, calling the project a home addition.

“Any reasonable review of the project

will quickly reveal it is not a home addition at all and it is not attached,” she said.

“You met with town staff regarding this project. It appears that based on documents provided to us by a public records request, that while the Town Council was telling us one thing – the project is totally inappropriate – behind the scene town staff was doing something completely different.”

The residents also talked about the council members’ broken promises to help.

see MELROSE page 15

Controversial house sparks 2 claims against town

BY CECILIA CHAN GSN Managing Editor

T

wo neighbors in the Poco Bueno Ranchos neighborhood have each filed a notice of claim against the Town of Gilbert for allowing the construction of a house adjacent to them that they say is flooding their properties.

Nathan and Brooke LeSueur and Charles and Helen Austin are each demanding $750,000 in the claims filed Aug l. A claim is a precursor to a lawsuit.

Gilbert did not respond to questions about the house by the Gilbert Sun News’ deadline.

The claims allege that town staff “improperly issued” a construction permit in December 2021 to Joseph and Laura Kerby, who are currently building a 5,000-square-foot, three-level structure in front of their existing home on Melrose Street on a 1-acre lot. Each floor comes with a kitchen, according to residents.

The LeSueurs’ home is directly adjacent to the site on the north and the Austins’ home is directly adjacent on the west.

According to the attorney for both the claims, town staff initially rejected the Kerbys’ request multiple times to build a new structure on their property.

Attorney Larry Dunn’s claim said that staff for each of the rejections noted that “guest quarters shall be single floor.”

“Nevertheless, without any explanation for its change in position, the Town subsequently approved the permit, even though the proposed structure violates the town’s Land Development Code and Engineering Standards in numerous respects,” the claim states.

Dunn pointed out that the staff approved the construction permit despite the owner’s failure to submit a required grading and drainage plan for the project. The Poco Bueno Rancho community requires on-lot retention drainage.

The Kerbys began building the structure without a grading and drainage plan in place, which caused water to drain into his clients’ properties, Dunn wrote.

Although the town in the spring halted construction until a plan was submitted, Gilbert recently lifted the stop-work or-

der after “improperly” approving a belatedly submitted grading and drainage plan in June, according to the attorney.

The approved plan, however, didn’t stop the ongoing trespass of drainage into the two adjacent properties, Dunn said.

He added that that an impendent engineer’s review found the approved plan lacking, including that the front retention basin will be about 800 cubic feet short of being able to retain the lot’s drainage, and that the plan did not comply with the town’s own engineering standards.

Furthermore, the plan requires the construction of a retaining wall on the Lesueurs’ property line, which they did not approve, Dunn said, adding that the wall also encroaches a public water easement by about 2 feet.

Town staff is aware of the easement, yet it “inexplicably approved a grading plan that would require placement of a retaining wall in the town’s public easement,” Dunn said.

“Shockingly in an apparent attempt to facilitate the construction of the inap-

propriate structure, the Town previously and secretly attempted to abandon 1 foot of the Town’s public water easement in November 2022, when it presumably discovered that a portion of the new structure on the subject property was constructed over the Town’s water easement,” he added.

Dunn said that instead of ordering the demolition of the offending structure, Gilbert staff attempted to “secretly convey a portion of the easement” to the Kerbys without receiving fair market compensation and without council approval as required by state law.

Dunn claimed that the town has indicated it will allow the Kerbys to continue construction before having the grading and drainage in place.

He further claimed that the new structure doesn’t meet the town’s requirement for a guest quarter or a secondary dwelling.

“The new structure is clearly designed as a multifamily dwelling, in violation of the Town’s zoning regulations,” according to Dunn.

NEWS

GILBERT SUN NEWS | AUGUST 20, 2023

FEES from page 12 to maintain order.

“None of the three of us who were ejected by the mayor were ever contacted

by Bill Sims,” Ryff said last week. “While the complaint happened to be filed by another citizen, you would think if Bill Sims was truly committed to performing a full, impartial investigation of the incident, he would at least interview the involved parties from both sides – not just one side... the side who writes his check.”

Ryff said Sim’s investigation report was “riddled with lies coming from the mayor” and could have been easily verified had he talked to everyone involved.

“Sims charged Gilbert taxpayers for over 28 hours of his time, totaling $7,025,” Ryff said. “Sims still has the opportunity to do the right thing and either re-open the investigation and do the job he was paid to do, or else refund the $7,000 he fleeced off Gilbert taxpayers.”

Ryff said that he planned to file a complaint against Sims with the State Bar of Arizona.

The town also is paying for outside mediator Matt Lehrman to get to the bottom of the discord among council members.

Each session – conducted via phone or Zoom – is costing $475 for the first hour and then billed in one-fourth hour increments over 60 minutes. Lehrman also is charging a one-time fee of $2,100 to conduct assessments of each of the seven on

MELROSE from page 14 “It saddens me we have to come back to address this again,” said Chris Welker, an attorney who lives in the neighborhood. “Several of you spoke with me personally and each one of you who spoke to me said it was inappropriate and council would address it.”

Welker said one council member even put it in writing that the permit issuance was a mistake and that the Town would correct it.

He also said that because town staff failed to have the property owner first submit a grading and drainage plan before beginning construction, the structure is diverting water onto adjacent properties.

“We’re here for one last sincere effort

council.

Lehrman has already begun meeting individually with council members, who are sharing their points of concern and priority.

Once that is complete, additional steps may include a meeting with the entire council but that hasn’t been determined yet, Harrison said.

“We do not currently have a timeline as we are in the early stages of determining the process and scope of work,” she said.

The council majority chose to go with mediation earlier this month rather than to go along with Bongiovanni’s proposal to take a vote of no confidence against the mayor.

A vote of no-confidence has no legal standing but rather indicates the level of council support for the mayor.

Peterson at the Aug. 1 special meeting, declined to respond to Bongiovanni’s comments about her and instead said she was “a little lost as to what we are discussing this evening.”

“I am absolutely shocked and disappointed that not only did the mayor not mention that she heard our concerns but she hasn’t reached out or spoken to us since the meeting,” Bongiovanni said. “A leader would have reached out.

“I know that we’re in mediation but we have not been instructed to cease speaking with each other. To be honest, I didn’t expect her to take the high road.” to avoid litigation with the town,” he said.

“Two of our neighbors have filed a notice of claim with the town.

“Again, our hope is to encourage you to take another at this to avoid litigation.”

According to the town’s checklist for residential additions, a site grading and drainage plan for lots requiring on-lot retention is required with a construction permit application.

In fact, the town earlier this year halted the project, which already had the framing built, until a plan was submitted.

The town did not respond to the accusations leveled at the council meeting last week or say if it will address the residents’ concerns.

Four council members when contacted by the Gilbert Sun News declined to comment on the issue.

Expires 8/31/23.

15

NEWS

16

GILBERT SUN NEWS | AUGUST 20, 2023

Ex-Cardinal opens Gilbert’s 2nd D1 gym

BY ZACH ALVIRA GSN Sports Editor

K

ylie Fitts is no stranger to hard work and dedication.

It helped him land a scholarship to play football at the University of Utah out of high school in California. It helped him become a sixth-round draft pick of the Chicago Bears in 2018 and eventually sign with the Arizona Cardinals.

Now, he’s aiming to help both athletes and everyday gym goers fulfill their dreams, whatever they may be.

“I’m a family guy and I know this area is very family-oriented,” Fitts said. “This community is allowing everyone to workout. Adults and their children aspiring to be athletes and even if they don’t reach the professional level, they’re learning all the characteristics we preach here.”

D1 Val Vista, the latest location for the franchise in Gilbert, is on the southwest corner of Val Vista Drive and Elliot Road.

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Former Arizona Cardinal linebacker Kylie Fitts recently opened his D1 Training facility to help young athletes as well as adults fulfill their fitness goals.

(Dave Minton/Staff Photographer)

ity like D1 from his days with the Cardinals when he trained at the Scottsdale location.

As an owner of a D1 facility, he has a different perspective.

Among football players from nearby Highland and Gilbert high schools as well as parents, home-schooled kids and other athletes of all ages, D1 Val Vista is quickly becoming a training destination that is a first for that part of the growing city.

When Fitts retired from the NFL in 2021, he had envisioned opening some sort of training business in the Valley.

Despite his ties to California, he and his wife knew Arizona was where they wanted to raise their kids. He settled in Queen Creek, which has become home to several former NFL stars including Vontaze Burfict, Brian Urlacher and current Cardinals’ kicker Matt Prater, among others.

He met with the owners of D1 training in Nashville, where the company is headquartered. He knew they were looking for more franchises, so he jumped on the opportunity to align himself with a brand that fit his own personal core values.

The process to open lasted a year and a half but Fitts found it rewarding.

“It’s been such a long process with ups and downs and not really getting to where I wanted to be in my career,” Fitts said. “But now, seeing God’s vision with this and see-

ing us open, it’s remarkable.”

Every person who walks through the doors is there for a workout class or personal training sessions. The early morning classes typically cater to adults and high school athletes looking to train before school. Throughout the day they welcome kids of all ages, including a class for homeschooled kids.

The afternoon opens for kids after regular school hours. The evening classes often involve adults who bring their kids to workout with them.

Fitts said those are his favorite to watch.

Each program is catered to specific goals.

From plyometrics on the large artificial turf area to treadmills and state of the art weightlifting racks, D1 Val Vista offers something for everyone. The trainers are not only knowledgeable but find ways to make the workout enjoyable.

“Passion for what they do is one of our core values,” Fitts said. “Our entire team comes in with a smile and they are truly doing what they love. Everyone sees the passion in our coaches and I think that separates us from other training facilities.”

Some parts of the D1 program at the Val Vista location were inspired by Buddy Morris, the Cardinals’ senior reconditioning coordinator.

While many parents believe training

should take a timeout while high school and youth athletes are in season for their respective sports, Morris believed that is the best time to train to avoid injuries.

Exercises also stem from Fitts’ childhood, when his father, Matt, would put him through some of the workouts he did during his time in the NFL. Fitts said he believes that helped him stand out among other players. Now he hopes to do the same for his clients.

“I want to give them that same opportunity and inspire them to be great in their favorite sport,” Fitts said. “That was one of my goals with opening this up.”

D1 Val Vista will hold its official grand opening on Saturday, Aug. 26, beginning at 11 a.m. People can tour the facility and meet the training staff. Food trucks and a DJ will be on site to make it an inviting atmosphere.

Fitts said seeing his vision come to life has been rewarding. His goal has always been to make a difference in the lives of people hoping to achieve a goal in the gym.

“Just providing the opportunity is the biggest thing,” Fitts said. “Especially with adults getting tired, getting in here and seeing what is going to benefit them. We want to provide the best experience they could possibly imagine.”

NEWS

GILBERT SUN NEWS | AUGUST 20, 2023

17

Billboard ruling could affect other zoning “a broken system.’’

“It gives the developers and the billboard people powers that no one else in our government has,’’ MacEachern said.

“There’s nobody that would qualify under the standards for standing.’’

The case decided Wednesday involved efforts by Clear Channel to re-

BY HOWARD FISCHER Capitol Media Services

B

eing offended by a new billboard in your neighborhood does not give you the legal right to challenge a decision by local officials to allow it, the Arizona Court of Appeals ruled Aug. 16.

In a unanimous decision, the threeIt gives the developers judge panel said anyone seeking to overturn such actions has to show and the billboard people they have suffered a “sufficient particpowers that no one else ularized palpable injury’’ to have legal standing to go to court. That means in our government has. something more than concerns about There’s nobody that would the aesthetics of the area, they said. qualify under the standards Kimberly MacEachern, representing the homeowners, said the ruling has for standing. much broader statewide implications – and not just involving billboards.

She said the same laws that regulate locate three billboards onto the facade appeals of decisions by local boards of of a newly planned tower at Central Avadjustment about where billboards can enue and Thomas Road in Phoenix to go also govern rulings granting varianc- be built on the site. The company also es from zoning ordinances that other- wants to convert two of those billboards wise govern what is and is not permis- from static to digital.

A zoning adjustment hearing officer sible in certain areas. approved relocation but not converAt the very least, that can include everything from required setbacks and re- sion. But that last half was overturned quests to construct detached additional by the board of adjustment.

That led to an appeal by the Arcadia structures to whether certain “home occupations’’ can be allowed in resi- Osborn Neighborhood Association and several individuals. dential areas.

Arizona law allows lawsuits by any “You’ll have situations like you have here where you basically have an unre- “person aggrieved’’ by a decision by the decision that is contrary to the board.

IN THE viewable AD BELOW MUST AUTHORIZE THE INSERTION FOR THE AD Appellate Judge James Morse Jr., writzoning law and no one can check it because there’s no one that qualifies un- ing for the three-judge panel, said he der those standards,’’ she said, calling it and his colleagues interpret that broad-

ly, “with an eye towards promoting the ends of justice.’’

Still, he said, there are limits.

“To have standing to bring an action under the statute, a plaintiff must allege ‘particularized harm’ resulting from the board’s decision,’’ Morse wrote.

“An allegation of generalized harm that is shared alike by all or a large class of citizens generally is not sufficient to confer standing,’’ he continued. “In other words, general economic losses or general concerns regarding aesthetics in the area without a particularized palpable injury to the plaintiff are typically not sufficient to confer standing.’’

Morse said the individual property owners asserted harms related to traffic safety and loss of aesthetic value in the area. And that, said the judge, is focused on the frequency with which they use the intersection adjacent to the property.

“But it is not enough that a plaintiff has suffered the same kind of harm or

interference as the general public but to a greater extend or degree,’’ Morse said.

Nor was the appellate court swayed by arguments by one of the plaintiffs that she works in a building within view of the property.

“She claims that she may be distracted by them if she chooses to work in other public areas of the building or in a nearby cafe,’’ he said. Not good enough, Morse said.

MacEachern said the solution may lay with the Legislature, which restricted their rights to protest those decisions.

“You either have to be a taxpayer within so many feet, which is arbitrary and capricious, or be one of these people that falls into one of these vague categories,’’ she said, meaning someone with a “sufficient particularized palpable injury.’’

“And it takes you two and a half, three years to even figure out if you have the standing to make the argument,’’ MacEachern said.

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COMMUNITY

GILBERT SUN NEWS | AUGUST 20, 2023

For more community news visit www.gilbertsunnews.com www.GilbertSunNews.com |

@Gilber tSunNews

/Gilber tSunNews

Gilbert area band rocking 59 X Fest

BY ALEX GALLAGHER GSN Arts Editor

F Gilbert artist James Angel and Arizona State University researcher Dr. Chad Stecher collaborated on a piece titled “Future Health Outcomes:The Rise of Experimental Behavior Health Economics” for the Phoenix Bioscience Core’s Artist + Researcher Program Year Two exhibit. (David Minton/Staff Photographer)

Researchers, artists pair for new exhibit

BY ALEX GALLAGHER GSN Arts Editor

F

or the second year in a row, Phoenix Bioscience Core has launched its Artists + Researchers Exhibition at the Bentley Gallery in Phoenix.

Ten artists from around the state paired with 10 researchers from the state universities and companies like TGen to create pieces reflecting each researcher’s work.

“As the director of art and medicine for the University of Arizona College of Medicine—Phoenix, I’m always looking for different things to add to our curriculum for medical students,” said Phoenix Bioscience Core Arts Committee Chair Dr. Cynthia Standley.

So when Standley learned that the Keck School of Medicine at the University of Southern California had partnered artists with researchers to

make artwork based on their projects, she knew she had found a way to bridge the gap – and artists agreed.

“I think that there is a difference between the disciplines when it comes to academics and art and academics and science, technology, engineering and math, but historically, science and art have always been very close and we’ve worked really closely with scientists,” said Mesa artist Zach Valent.

“Leonardo da Vinci and Michelangelo are some pretty prominent artists who have worked with architects and engineers,” added Valent, who created a concrete piece for the exhibit.

The art mirrors more modern scientific studies like the impact of AI from a behavioral health economics standpoint and the impact that the foster care system has on child de-

see BIOSCIENCE page 20

or over two years, Ahwatukee-founded rock trio Viper Club and Popsicle Stick Airport, comprising Queen Creek and Gilbert indie rockers, have been managed by Phoenix-based artist management company 59 X Records.

During that time, the bands toured the nation playing festivals as well as gigs around the Valley. But Saturday, Aug. 26, the two rock outfits will co-headline the inaugural 59 X Festival at The Rebel Lounge in Phoenix.

“This is a really cool festival because it has all of these really cool bands,” said Viper Club vocalist Jack Vanderpol, who grew up in Ahwatukee and attended Horizon Honors High School.

The festival features 10 acts with music beginning at 2:30 p.m.

Popiscle Stick Airport Popsicle Stick Airport — often called PSA by its fans — began as a four-piece indie-pop act.

After a year of jamming as a band and a year of dormancy caused by the pandemic, members took a stab at making music in late 2021 and made a name for themselves with such exuberant shows that they caught the attention of Ami Rogers, 59 X Records artists development manager, who currently manages the band and others around the Valley.

“Before 2021, we were just playing shows in backyards, at parks, a lot of small, DIY venues, coffee shops or record shops,” recalled vocalist Rhys Green, a Queen Creek resident who attended Benjamin Franklin High School.

“We got an offer to play at The Rebel Lounge – a venue we’re all fans of and have

Rhys Green of Queen Creek, a vocalist of the indie rock group Popsicle Stick Airport Rhys Green, is excited to be co-headlining the inaugural 59 X Fest. Phoenix Aug. 26 (Special to GSN)

been there a million times to see bands play.… I think that show just gave us the pat on the back we needed.”

Since it came under the management of Rogers and 59 X Records, PSA has toured overseas while expanding its fan base locally.

On Aug. 26, the band promises to jam a set list that will make fans want to dance.

“We always try to not be boring by switching up our sets each time,” Green said.

This set will be especially different for fans of the band as Green said it will unveil tracks from an upcoming EP titled “EP For Fairies II.” “A lot of our music is just centered around the sound the band creates when it

see FEST page 19

COMMUNITY

GILBERT SUN NEWS | AUGUST 20, 2023

19

Girl Scouts Names Top Cookie Sellers in Gilbert

BY JUSTIN LIGGIN GSN Contributor

G

irl Scouts in central and northern Arizona are celebrating another successful Girl Scout Cookie Season, where they came together from Jan. 16 to Mar. 5, 2023, to sell more than 3.1 million boxes of delicious Girl Scout Cookies while learning valuable entrepreneurial, leadership and people skills that inspire success.

Girl Scouts–Arizona Cactus-Pine Council (GSACPC) has named Girl Scout Maliah Winey of Troop 7190 as the top seller in Gilbert and GSACPC overall, selling a whopping 7,877 boxes of cookies.

Other Gilbert standouts this cookie season included Cassidy Cottle of Troop 3829 who sold 7,637 boxes, Kaelyn Bishop of Troop 1401 who sold 7,518 boxes and Hailey Aldaz of Troop 3822 who sold 7500 boxes. The top troop in Gilbert was named as Troop 7190, which sold 34,613 boxes of cookies.

FEST from page 18 is played live,” Green said. “I hope the audience thinks that we’re different, that we stand out and I hope they feel comfortable and have a lot of fun.”

Viper Club Although Ahwatukee area rock trio Viper Club boasts a slightly edgier sound than Popsicle Stick Airport, the band took a similar route to coming under Rogers’ and 59 X Records’ management.

Though the band formed in 2018, Vanderpol said, “2021 was the year that we re-

“We are so proud of the thousands of Girl Scouts from Arizona Cactus-Pine who participated in the largest girlled entrepreneurial program in the world,” said Christina Spicer, co-CEO of GSACPC. “Our girls demonstrated confidence in sharing the stories behind their cookie goals and discovered innovative ways to interact with customers. We celebrate their entrepreneurial spirit and are deeply grateful for the generous support of our fantastic volunteers, parents and of course, the community.”

And cookie season goes beyond just cookies, providing participating Girl Scouts like Winey and troops like Troop 7190 with the keys to thrive.

“The Girl Scout Cookie Program not only helps Girl Scouts earn money for fun, educational activities and community projects, but also plays an important role in helping girls learn life skills like decision making, money management, people skills, business ethics and goal setting,” said Mary Mitchell, co-CEO of GSACPC. All the funds generated by the cookie ally started making a name for ourselves.”

Since Rogers began managing it, Viper Club has released three singles and an EP and toured across the nation.

Vanderpol says one of his favorite memories from this partnership is emceeing the 59 X Fest in Atlanta last year. Viper Club played it again this year.

“It gave us an opportunity to have a broader network across the states,” he said, adding the Atlanta audience’s enthusiasm astonished him.

Because of this, he has high hopes for what the crowd will look like during the Phoenix festival.

Tune In To Your Community www.GilbertSunNews.com

Maliah Winey of Gilbert Girl Scout Troop 7190 was the town’s top Girl Scout Cookie seller. (Special to GSN)

“We do a lot of crowd participation during our show, so there’s a lot of jumping, singing, mimicking and stuff like that,” Vanderpol said. “We’re very loud and because we get everyone so involved, our set feels like it’s 15 minutes long even though it’s 45 minutes or longer.”

Though Viper Club’s performances can feel a bit brisk, Vanderpol says that the band’s tune “Retweet” is always a crowd-pleaser.

Vanderpol hopes to generate a connection between the audience and the festival’s supporting acts.

“Connection. That’s the biggest thing for

program stay within the local community and empower Girl Scouts to engage in diverse programs, community outreach initiatives and enrichment activities throughout the year. These opportunities include exciting experiences at Girl Scout Summer Camps, funding for troop activities, financial aid for memberships, backing for Girl Scout service projects and numerous other endeavors.

As for some additional cookie numbers, 7,580 girls took part in cookie season with the per girl average at 409 boxes each, up from 380 boxes last year, and a total of 949,691 packages were sold online through the Girl Scout Digital Cookie program according to GSACPC. Girl Scout Digital Cookie is the online selling platform that seeks to teach lessons about online marketing, application use, and eCommerce to Girl Scouts through building their own cookie website and managing their virtual sales.

And as for the highest selling cookie this season? The Girl Scout Thin Mints took the crown once again! us,” Vanderpol said. “What we want to see is some kind of connection and we hope our show grabbed somebody in the right way so that audience members can wake up the next day, text their buddies and say, ‘I saw this band last night and they were really great. I felt like I was a part of it.’”

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COMMUNITY

Obituaries

Evar Dare Nering

Evar Dare Nering, resident of Scottsdale, born July 18, 1921 at Gary, Indiana and passed peacefully July 6, 2023.

Surviving children are youngest daughter Nancy Wood, and oldest son Douglas Nering.

Graduating from Indiana University, he had roles in the development and configuration of systems during the war effort before resuming his studies. In his career, Evar was among the earliest of his generation to receive a Doctorate of Mathematics from Princeton University, and taught at the University of Minnesota, University of Arizona, and Arizona State University until his retirement in 1990.

In 1993, with Princeton professor Albert Tucker, he produced his most notable work in mathematics, Linear Programs and Related Problems. Throughout his life he continued exploring many topics on his own, which included the all-important exponential function, a patent in linear programming (optimization) methods. and solutions for the Rubik's cube of various dimensions.

Other favorite types of exploration included traveling the western outdoors, summers at the University of Colorado, and summiting the 14ers (peaks) of Colorado, his choice of resting-place.

Evar made his own arrangements in advance for cremation and dispersal. Charitable donations in his memory may be made to the American Association for the Advancement of Science.

Sign the Guestbook at: obituaries.EastValleyTribune.com

GILBERT SUN NEWS | AUGUST 20, 2023

BIOSCIENCE from page 18 velopment.

“We all realize that the arts are a language for everyone and what better way to try to explain a lot of the research that tends to be hidden away in labs and in clinics where people just don’t have access to it or they don’t even know what’s going on,” Standley said.

Standley began searching for the second cohort of researchers and artists nearly a year ago.

The selected artists were given information about researchers and the cohort met at an event that was like speed dating, with artists and researchers giving elevator pitches about the work.

Among the artists is Ahwatukee muralist Suzanne Whitaker, who was

Michael James Miedowicz

Our family is saddened to announce the unexpected passing of Michael James Miedowicz, age 50 of Gilbert, Arizona on August 4 th, 2023.

From the time Mike was a little boy he loved the outdoors and was never happier then when he was hiking, fishing, and camping. Mike was a big fan of baseball particularly the Chicago Cubs. He was thrilled when they won the World Series in 2016. He was a hard worker and a dedicated Field Supervisor for Calfrac Well Services for 19 years in North Dakota. He was a true patriot, with a charismatic attitude, contagious laugh and a great sense of humor. He was fun to exchange stories with and will be missed greatly.

He was preceded in death by his father, Norbert Miedowicz, and sister, Catherine Gaffney. He is survived by the love of his life Renee Remillard, mother, Jan Miedowicz, brother, John Miedowicz(Erica), brother in law, Mike Gaffney, niece, Amber Gaffney, nephews, Mitch Gaffney, Johnathon Miedowicz, Joshua Miedowicz, Aunt Beverley Everson, Uncle Murry(Christy), cousin Kristin Everson.

Family held a private service for him.

introduced to Scottsdale resident Amy Armstrong-Heimsoth, the department chair and associate clinical professor of occupational therapy at Northern Arizona University.

Armstrong-Heimsoth has spent the last six years studying the American foster care system.

“This piqued my interest because, as Amy says, nobody really thinks about these children in that demographic and I knew nothing about them,” Whitaker said.

Whitaker partnered with Armstrong-Heimsoth and the Phoenix nonprofit OCJ Kids, which works with foster and at-risk children, via Zoom, and learned about the kids’ struggles.

Whitaker began thinking of typical memories of playing board games with family, something many foster kids likely have not experienced, and decided to model her art piece after a gaming board, similar to games like Mouse Trap and Life, to help educate people about children in the foster care system.

“I’m hoping (this art piece) increases awareness that there is this population of youth that are out there, that despite all the programming and all the billions of dollars that are spent on helping with transition programming and extended foster care and things like that, their outcomes are terrible,” said Armstrong-Heimsoth.

“I really want people to be aware that we have this, we have this subpopulation of people here in Arizona who really have the cards stacked against them and I feel like everyone in Arizona has a responsibility to help improve the outcomes.”

Other works veer into less sociological studies – like Gilbert artist James

Angel, who paired with Chad Stecher, an assistant professor at ASU’s College of Health Solutions who studies behavioral health economics.

They had the idea of using artificial intelligence to create queries that show how people could use technology to improve their lives.

“After learning about his research, the piece went through several iterations in the design process,” Angel recalled, explaining: “What we did is we got a lot of outputs from asking AI questions and then created a piece that displays how the world could witness a remarkable transformation in health care where the power of behavioral economics, human creativity, and technology converge and the full integration of cutting-edge advances that will reshape the way we understand human behavior and improve well-being.”

Standley hopes that throughout this process, the artists will be able to grow through their respective mediums.

“It’s really important for us to see that the artist is going to grow in their medium and that they’re trying something they’ve never tried before,” Standley said.

“We want them to grow and try things that they haven’t even tried.

And I’m really excited about the second cohort.”

The exhibition will be on display at the Bentley Gallery, 250 E. McKinley St., Phoenix, Aug. 19-26 and will reappear at the Phoenix Bioscience Core building Sept. 14.

Information: bentleygallery.com/ exhibition and/phoenixbiosciencecore.com/pbc-and-the-arts.

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Higley Board member offers a sip with shopping

BY SRIANTHI PERERA GSN Contributor

R

etail therapy may work better if you have a bubbly to sip, or that is the idea behind Sip & Shop, A Local Collection that recently opened at Verde at Cooley Station in Gilbert.

The 4,000-square-feet store offers curated items from more than 60 local businesses.

The diverse collection ranges from jewelry to bath and body products, clothing to home decor, bar essentials to local foods, and sweet treats.

Many items, including jewelry and framed art, have an Arizona theme, which makes the store a good starting point for visitors from out-of-town shopping for souvenirs.

This is Sip & Shop owner Tiffany Shultz’s second foray in her boutique shopping concept. The first store, The Shop, A Local

Tiffany Shultz is a self-confessed “serial entrepreneur” who worked in broadcasting and marketing earlier and now has embraced retailing with her new Gilbert store, Sip & Shop.

(Courtesy of Sip & Shop)

Collection was created at San Tan Village Lifestyle Center.

“It is a unique concept that I feel is fun and different,” Shultz said. “It celebrates

small business and vendors and brings a fun element with our bar and class space.

“Sipping and shopping is something you can do with your girlfriends, significant other, mom and daughter. It elevates the experience.”

The Verde location differs with its addition of beverages for purchase in a permanent bar area. A patio is also in the works.

“The bar was a dream element for me,” Shultz said. “The Verde has been amazing in allowing this dream to come true. Adding the beverage portion elevates the shop.

People love the unique concept and we are looking forward to continued growth.”

With the new store, Shultz fulfills a dual purpose: to support small businesses as well as create a space for people to stop in for a quick drink after work or during the day.

The shop aims for a diverse group, al-

see SIP page 22

Gilbert couple opening cookie shop GSN NEWS STAFF

A

new Gilbert bakery is celebrating its grand opening in a sweet way.

Cookie Co. opens at 10 a.m. Saturday, Aug. 26, in Verde at Cooley Station development at 2490 S. Recker Road.

Owners Keri and Mike Priest –17year residents of Gilbert – are offering a special gift to their first 100 customers and plan special promotions – including a buy-one-get-one free and a “free twisted soda happy hour” – throughout the day until its 9 p.m. closing time.

Twisted sodas are Coca-Cola fountain drinks featuring fresh fruit and added flavors such as lime and raspberry.

The Priests also will be giving a portion of their opening day proceeds to

Keri Priest is flanked by daughter Amanda and husband Mike Priest of Gilbert, as they prepare to open their second Cookie Co. bakery in Gilbert next Saturday. Amanda is in charge of “staff culture and customer service.” (Special to GSN)

The Compassion Alliance, which supports first responders.

Cookie Co. is the brainchild of a Redlands, California, couple who opened a bakery in 2020 at the height of the pandemic.

Elise Thomas quickly gained a reputation as “The Cookie Lady” for the hundreds of dozens of cookies she baked in her kitchen until she and her husband were able to open a store.

That in turn gave birth to a franchise with 20 locations nationwide and plans for 100 more over the next two years.

The Priests’ new Gilbert bakery is their second. They own another in Tempe and both their stores are the franchise’s only two so far in Arizona.

“As 16-year residents of Gilbert, we

see COOKIE page 23

22

BUSINESS

SIP from page 21 though women ages 35-55 tend to gravitate to it more, Shultz said. “They come with their girlfriends, they shop for gifts, they buy for themselves.”

Shultz, who considers herself a “serial entrepreneur,” has a proven track record in public relations and marketing.

A graduate of Arizona State University, she began her career in television news and moved into public relations, special events and festivals.

She ran a marketing agency called the Levitate Agency in the Valley for eight years. In spring and fall, she organizes the popular Vintage & Vino Market at Horseshoe Park in Queen Creek.

The Gilbert resident is married to a Tempe Fire captain and is raising two daughters.

Despite her busy schedule, she is involved in the community as a member of the Higley School Board, Gilbert Leadership Class 29 and sits on the Gilbert Leadership Board.

Sip & Shop began as a result of the pandemic, which put a stop to festivals and

GILBERT SUN NEWS | AUGUST 20, 2023

events – Shultz’s entrepreneurial bread and butter.

“I was looking for a way to support the small businesses that participated in my festivals and a means to an end while I was waiting to start festivals again,” she said.

The mall store began as a six-week popup. “However, the store was so much fun as a six-week pop up that it quickly became a pivot,” she said. “I didn’t want to give up.”

Three years later, with two stores in the bag, Shultz has many plans for improvement.

With patio seating to come, Shultz anticipates a demand for hand-held food and snacks in the coming months. However, she does not want to add a kitchen on site, but plans to work with a local business to fulfill that need.

The store will offer art, food, crafting classes and events such as ladies’ nights out and holiday themed children’s activities such as Cookies with Santa.

Shultz is also expanding the in-store custom offerings with patch hats, bags with letters plus offering offsite custom items.

Sip & Shop at Verde offers a bar space where patrons can enjoy a mimosa, bubbly or wine in the midst of shopping. (Courtesy of Sip & Shop) “If a customer dreams it, we want to make it happen and we have great local vendors that can,” she said.

Above all, Shultz feels her store is a winner.

“People love the unique concept and we are looking forward to continued growth,” she said.

Sip & Shop, The Collection is open at Cooley Station, 2486 S. Recker Road, Suite 101 in Gilbert. The store is open Sunday from 11 a.m. to 6 p.m., Monday from 10 a.m. to 5 p.m., Tuesday through Friday from 10 a.m. to 8 p.m. and Saturday from 9 a.m. to 9 p.m.

Details: sipandshoparizona.com.

BUSINESS

GILBERT SUN NEWS | AUGUST 20, 2023

23

The factors affecting Gilbert’s housing market

BY MINDY JONES GSN Columnist

T

he old “what goes up must come down” adage has proven once again to describe gravity better than it does our local real estate market.

Signs of a market correction is well situated in our rearview mirror.

After a short dip into a buyer’s market in 2022 from a collapse in investor demand and the initial spike in interest rates, home prices have continued to rise since December as a reminder that the true drivers in this market are still supply and demand.

In Gilbert, 60% of normal demand for area housing is being overshadowed by less than 30% of normal supply.

That means prices are rising, days on market are falling,and our average

COOKIE from page 21 are thrilled to introduce our neighbors to a new gourmet cookie shop that offers mouthwatering fan favorites along with an exciting revolving menu of made from scratch cookies,” Keri Priest said, adding: “But we don’t want to just make cookies, we want to help make family events easier and use our cookies to spread a little love and kindness in our community.”

Married 28 years and the parents of three children ranging in age from 17 to 22, the Priests are no strangers to franchise operations.

For eight years they’ve own Aqua-Tots Swim Schools and Keri said, “we were open to new opportunities and specifically were looking for another brand that we could grow with our daughter, Amanda, in the Phoenix Metro.

“She became excited about Cookie Co. so we bought as many chocolate chip cookies as we could find in the Gilbert area, drove to Redlands, where the original Cookie Co. location is located

sales-to-list price is back up to over 99% – making it a bit easier to predict what you can sell your home for than it was in the frenzied or falling market.

Residents who considered making a move last year but decided to hold off are pleasantly surprised to find that active list prices are about 2% higher than they were this time last year and nearly 20% higher than they were just two years ago.

That means they’ve had a fantastic gain on their equity in spite of rising interest rates.

While the balance between supply and demand places us firmly in a sellers market in most areas – and certainly here in Gilbert – the opportunity for buyers to negotiate and obtain concessions while still purchasing an appreciating asset may make this market better for buyers than a true buyers market ever could.

Listings under contract remain flat while supply continues to plummet, and did a taste test between the cookies we had purchased and a Cookie Co. chocolate chip cookie,” Keri recalled.

“And it was love at first bite.”

Mike primarily handles construction and finance and Keri handles marketing and operations oversight while Amanda “provides staff culture and customer service support.”

The Priests also have a minority operating partner who handles much of the day to day operations in the shops.

Mike is the president of ATD, which owns several out-of-state Aqua-Tots locations and the couple own two of its swim schools, in Ahwatukee and Kansas City, where Mike grew up.

The couple have their favorites when it comes to their products. Mike likes the lemon blueberry while Keri has trouble deciding her favorite between Nutter Butter and pumpkin chocolate chip.

Cookie Co. 2490 S. Recker Road, Gilbert.

480-590-0515

forcing our supply down to just one month – meaning that if no new houses were listed, we’d have no homes to sell in Gilbert come October.

This could prove quite the quandary for all those relocations slated for the latter half of 2023 with Allied Van Lines listing Arizona as having the highest percentage of inbound moves out of all 50 states in its annual migration report earlier this year.

Interestingly enough, new construction seems to be quenching the thirst of many buyers who have traded in their concern about interest rates for their inability to find what they are looking for on the resale market.

In its wake, we have a larger gap than ever between the health of the resale and the new construction markets.

It’s no surprise, however, that a higher monthly payment could seem more reasonable on a new home.

But there is no mistaking the value of finished backyards, pools, window

coverings and appliances on resale homes in well-established neighborhoods.

Sellers are starting to get antsy as they sit on a pile of proverbial cash with some of the highest consumer debt in history and many are wondering if they could actually afford the higher monthly mortgage payment on a better home if they paid off their high interest loans with some of their equity.

Buyers are watching those sales prices tick up month after month with an inkling that waiting until interest rates drop may cost them more money both in sales price and the loss of seller concessions.

There is definitely some tension brewing under the surface. As we all continue to hope for a break in these temperatures, it’s going to take a little more heat to turn this real estate market from a slow simmering pot to a full rolling boil.

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Job growth slowing down in Arizona

BY HOWARD FISCHER Capitol Media Services

E

fforts by the Federal Reserve Board to cool the economy may be working in Arizona.

New figures released last week by the state Office of Economic Opportunity show that 38,865 Arizonans filed for unemployment insurance last week, the most recent figures available. That is up 30.5% from the same week a year earlier.

At the same time the “hires rate’’ – the number of people brought on board by employers, is at its lowest level since early 2021. And the number of job openings is also down.

Overall, the private sector lost 11,400 jobs between June and July. That compares with the pre-pandemic average of a loss of about 7,000 for this time of year.

All this comes as the Fed has steadily increased the cost of borrowing as it moves to move the national rate of inflation from 9.1% a year ago to its target rate of 2% – and

do it with a “soft landing’’ for the economy.

The situation has been more dire in Arizona, where inflation in the Phoenix metro area – the only area of the state which is measured – peaked at 10% and is now down to 4.4%.

“We are starting to see slower year-overyear growth nationally as well as here at the state level,’’ said Doug Walls, the agency’s labor market information director.

And some industries are more affected by the higher interest rates.

“We saw the slowdown in construction,’’ he said, though that sector of the Arizona economy still picked up 1,700 jobs in July.

More pronounced has been a slowdown in financial activities, a sector that includes those involved in issuing mortgages.

“A large part of the increases could be attributed to the federal funds effective rate,’’ said Walls.

The figures about the rates of hires and openings also may support the idea that employers, concerned about where the economy is headed, are being more cau-

tious about adding to their payroll.

“That could be one possible answer to the numbers that we’re seeing, certainly with the ‘hires rate,’ that certainly has come down to a rate that looks more in line with pre-pandemic rates,’’ he said. But Walls said the numbers are about where they were in 2019.

One other indication about what employers are thinking, said Walls, is the decrease in the number of people working for temporary help agencies. He said that is a sector of the economy that tends to boom when times are good and companies are looking for a quick source of new help.

“Those could be indications that employers don’t want to get out in front of their skis,’’ Walls said.

“They’re being more strategic in their hiring,’’ he said. “We’re watching that play out in the numbers.’’

Overall, the state’s seasonally adjusted unemployment rate rose a tenth of a point in July, to 3.6%.

And while the state shed about 11,400 private sector jobs, overall private sector employment is still 45,400 more than a year earlier.

One of the weakest sectors of the economy is retail trade which lost 3,000 jobs in July, nearly a full percentage point. Walls said this appears to be part of a post-pandemic trend.

When people couldn’t go out, he said, they bought more products. That was reflected nationally as more than 42% of what people were spending in early 2021 was on goods.

Now, he said, people are more interested in services they can buy. And that percentage spent on goods has dropped to 39%.

Among the employers losing workers in July were warehouse clubs, supercenters and other general merchandise retailers.

Elsewhere, employment at bars and restaurants dropped by about 3,200, something that is not unusual for most of the state this time of year. And there was a small drop in manufacturing employment.

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Football preview: Kalen Fisher playing for bigger purpose

BY ZACH ALVIRA GSN Sports Editor

K

alen Fisher admits it was hard to stay focused on football near the end of the regular season last

year.

A sophomore at the time, he was preparing to lead Highland in the playoffs at quarterback. The Hawks were chasing their second straight 6A title but had to first overcome a much-improved Perry team in the first round if they wanted the opportunity.

While that was on Kalen’s mind, the health of his mother, Sophia Fisher, took precedence.

She had been sitting in the stands at Highland when a family member noticed her eyes had a yellow tone to them.

Throughout the week, she asked her husband and Kalen’s father, Tray, if her skin had started to yellow, too.

A trip to the doctor revealed a blockage. She then went to the emergency room, which turned into a four-day stay.

Doctors found a mass in her intestine area near the blockage. She was diagnosed with cancer in her lymph nodes that dealt with her stomach.

Kalen’s world immediately changed.

“It shook me a little bit,” Kalen said.

“She had it long before but luckily, we were able to put her through surgery to get everything out of her system. I definitely tried to stay strong and focused (on football) because that’s what she wanted me to do.”

Sonya continued to support Kalen throughout the playoffs before a successful surgery to remove the mass in January.

She was in the stands as he led Highland to a win over a gritty Salpointe Catholic Team in the quarterfinals. She was there to celebrate Highland’s third straight trip to the 6A title game after beating Red Mountain in the semis.

Highland junior quarterback Kalen Fisher played with his mother, Sonya, on his mind last season as he navigated through the playoffs and won a championship with her battling cancer.

(Dave Minton/Staff Photographer)

Now having led Highland to its second straight 6A title, Kalen Fisher said the team is focused on making the Open Division, something they feel they’ve been snubbed of the last three seasons. (Dave Minton/Staff Photographer)

Most importantly, she was there to congratulate him on winning a state title.

“It was like no other moment,” Kalen said. “It felt amazing to see her in the stands as I won. It was a great feeling overall. To see her doing well, to see her recover, me being able to win that for her, it was a good deal.”

Sonya continues to do well in her recovery. She and Tray continue to be their son’s biggest supporters.

Tray routinely attends Highland practices. He’ll often find a spot in the shade just off the field and watch. He’ll interact with other parents that attend, as well as coaches who come up to him to say hello.

But his main purpose is to watch his son. With every throw he makes or play he scrambles out of the pocket, Tray often has a smile on his face.

“It’s very rewarding and it validates all the hard work,” Tray said. “Watching him, it’s like, ‘yes.’ This is what (the hard work) was for. This is what I led to.”

Now a junior, Kalen has grown both physically and as a leader for the Highland football program. At 6-foot-4, he’s quickly becoming one of the top prospects in the state for the 2025 class. He’s been on visits to a number of college programs, including Central Michigan, which Tray said the two liked “a lot.”

Despite the accomplishments he has had so early in his football career, Kalen now aims to take the next step. That means leading Highland to the Open Division.

Three years in a row the Hawks were snubbed and ended up in the 6A Conference tournament. It resulted in two

see FISHER page 26

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GILBERT SUN NEWS | AUGUST 20, 2023

FISHER from page 25

championships, but they’ve always had a “what if” mindset to the missed opportunity.

This year, though, Kalen is determined to lead his team to be considered one of the best eight programs in the state.

“It’s all that’s been on our mind, it’s all we can talk about,” Kalen said. “I would say we’ve been cheated out of it for the past three years. We won 6A the past two years so I think it’s time for us to make a move.”

Kalen doesn’t do it alone. Highland has talent everywhere. From wideouts Greg Toler Jr. and Jalen Cross to tight end Hayden Dougherty and running backs Eli Kerby and Jay Martin, Highland has firepower on offense.

Defensively, the Hawks are technically sound led by defensive end Bertrand Berry II and linebacker Kash Cullimore.

Kalen believes his team has what it takes to be in the Open this season. His goal is to make it near impossible for the computer ranking system to leave them out.

American Leadership Academy – Gilbert North Fresh off its 4A state championship win last season, ALA Gilbert is preparing to take yet another big step in the development of its program: moving up to 5A. The Eagles will be without several key contributors last season as they have all graduated. But they do return University of Arizona commit Brandon Phelps, Boston Morris and Tyton Slade, the team’s top three wideout from a year ago.

Morris and Slade were also two of the team’s best tacklers last season, combining for 145.

ALA will face North on Friday, Aug. 25 to open the season.

Higley quarterback Luke Haugo, a transfer from North, replaces former quarterback Jamar Malone taking over the Knights’ offense. Haugo will become eligible Week 6 of the season.

(Dave Minton/Staff Photographer)

He wants to do it for his teammates and the program. But most importantly, he wants to do it for his mother.

“She’s my No. 1 supporter,” Kalen

said. “Once I heard what she was going through, it put me in a whole different mindset that I need to continue what I’m doing for her.”

Campo Verde Campo Verde is routinely a team that remains under the radar until the playoffs arrive. Then, they typically make a run. That was the case four years ago when they made the championship game for the first time in school histo-

see FISHER page 27

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GILBERT SUN NEWS | AUGUST 20, 2023

FISHER from page 26

ry. Now, Head Coach Ryan Freeman hopes they can do the same with a loaded defense and big offensive line led by 6-foot-7 senior Connor Cameron.

Gavin Saline is poised for another breakout season at linebacker, this time while leading as a senior.

Campo Verde opens the season Friday, Aug, 25 against Higley.

Desert Ridge This year’s Desert Ridge football team may be Head Coach Roy Lopez’s best since arriving at the school.

The Jaguars return Major Wooten at quarterback, a three-year varsity player. Running back Michael Alvarado returns after starting his sophomore season, while Angelo Jones-Gutierrez returns after being the top wideout a season ago.

The offensive line will be anchored by Greg Bienvenue, one of the best tackles in the state. The Jaguars went 3-7 last season but have the talent to shock some teams in 2023.

They kick off the season on Friday, Aug. 25 against Cienega.

Gilbert Gilbert took a step in the right direction last season by making the 5A Conference playoffs. While the Tigers return quarterback Danny Hesse, they lose most of their top contributors on the ground and top wideout Carter Dickie.

Defensively, linebacker Steven Schenk returns to lead a defense that will have plenty of new faces this season.

Gilbert faces Marana Mountain View Friday, Aug. 25 to open the season.

Higley Higley lost its 5A champion quarterback in Jamar Malone to IMG Academy in Florida but reloaded with Luke Haugo, who transferred in from North. The Knights return several weapons on offense, including running back Dax Hall and receivers Jaden Taylor and Taveon Sueing, a transfer from Red Mountain.

Defensively, Nijrell Eason and Donovan Aidoo will lead the way in the secondary as one of the best tandems in the state. The Knights will look for a replace-

ment at linebacker as Kamarion Peete made the move to Basha.

Higley opens the season on Friday, Aug. 25 against Campo Verde.

Mesquite Mesquite’s strength may very well be its defense this season. PJ Jones, who also plays quarterback for the Wildcats, has emerged as a standout safety should Head Coach Vance Miller elect to play him both ways.

The Wildcats also have two standout defensive ends Jamar Trotter and Jiah McClure, as well as defensive tackle Marcus Banks.

Mesquite opens the season Friday, Aug. 25 against Mingus.

Perry Perry is resurging under second-year Head Coach Joe Ortiz. The Pumas have a new culture, new swagger and an overall new mindset that is determined to return the program back to its glory days when the Purdy brothers were under center.

Diesel Taylor steps in to take over at quarterback, while Dom Tinsley expects to have a breakout year at running back.

One of Perry’s best overall athletes is Kolton Coleman.

Perry’s schedule is favorable early on before the Pumas enter region play. But they’re a confident bunch.

The Pumas kick off the season on Thursday, Aug. 24 against Desert Vista.

Williams Field Williams Field had one of its toughest seasons last year as the Black Hawks finished 4-7. But, they return one of the state’s top tailbacks in Dylan Lee, quarterback Travis Ebner and young talent at the wide receiver position eager to prove themselves.

They will also have to reload on defense after graduating several standout defenders, including defensive back Josiah Dye. It’ll be a tall task for Head Coach Steve Campbell and staff to get the young players up to speed, but Williams Field is always a team in the playoff mix at the end of the season.

The Black Hawks begin the season Friday, Aug. 25 against Brophy.

27

CORBIN CARROLL

BOBBLEHEAD

AUGUST 26

NOW ENROLLING

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GET OUT

GILBERT SUN NEWS | AUGUST 20, 2023

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GILBERT SUN NEWS | AUGUST 20, 2023

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GILBERT SUN NEWS | AUGUST 20, 2023

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GILBERT SUN NEWS | AUGUST 20, 2023

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