HomeMy WebLinkAbout1990.0405.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOM COUNCIL
APRIL 5, 1990
A public meeting of the Fountain Hills Town Council was convened and called to
order by Mayor John Cutillo at 6:30 p.m., Thursday, April 5, 1990, in the
Fountain Hills School District Administration Building located at 14605 N. Del
Cambre Ave., Fountain Hills, Arizona.
ROLL CALL - Present for roll call were the following members of the Fountain
Hills Town Council: Mayor John Cutillo, Vice Mayor Mike Minarsich and
Councilmembers Harry Barber, Martil Lemieux and Charlie Fox. Councilman Joe Bill
came in at approximately 6:33 p.m. Councilman Dick Haugen was absent. Also
present were Town Manager Mike McNulty and Town Clerk Cassie Hansen.
PLE2 DA ITEM #2 - AOCEPTANCE OF MARCH 8 22 AND 29 MEETING MINUTES
Vice Mayor Minarsich made a MOTION to accept the minutes of March 8th, 22nd and
29th. SECONDED by Councilwoman Lemieux and CARRIED unanimously.
ro- • r• co-• • o-• • -
Mr. McNulty reported that he had received the plans and specs from the engineer
and they should be ready to go to bid next week. The estimate is still around
$10,000 to $11,000 to do the work. He also made reference to the memo he handed
out to the council from the town attorney regarding what had to be done to join
the library association. He said that notice of intent to do so had to be
published in a local newspaper for three consecutive weeks prior to the council
taking action. Acting on the belief that the council intends to join that
district the town clerk would be getting that publication in next week's
newspaper and be scheduling for the next appropriate council meeting. Mayor
Cutillo asked if that would take an action from the council. Mr. McNulty replied
that it wouldn't at this time, that we had to accomplish the publication first
and then schedule for the council to act to approve. Councilman Fox asked if
we had heard back from the state on when we would start receiving funds. Mr.
McNulty replied that since certification had been received back about a week and
a half ago, it should be in April. He said he would check on it.
AGENDA ITEM 19 - RESOLUTION 1990-11 - CANVASSING THE VOTE OF THE PRIMARY ELECTION
Vice Mayor Minarsich made a MOTION to accept Resolution 1990-11 (attached) as
it reads. SECONDED by Councilwoman Lemieux and CARRIED unanimously.
AGENDA ITEM #5 - RESOLUTION 1990-12 - NOTICE OF =4ERAL E1=ION
Councilman Fox made a MOTION to accept Resolution 1990-12 (attached). SDOONDED
by Councilwoman Lemieux and CARRIED unanimously.
AGENDA ITEM #6 - APPROVAL OF LIQUOR LICENSE FOR FUZZY'S A BAR AND GRILL
Vice Mayor Minarsich made a MOTION to accept the liquor license application from
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Fuzzy's Bar and Grill. Mr. McNulty asked that the motion state approve instead
of accept since that's what the council was doing. Vice Mayor Minarsich WITHDREW
THE MOTION and made a new MOTION to approve accepting the liquor license
application from Fuzzy's Bar and Grill. SECONDED by Councilman Fox and CARRIID
unanimously. Mr. McNulty reported to the council that the application had been
posted for the required 20 days and that no written protests had been filed.
A('NDA ITEM #7 - MAKING ADJUSTMDff To INTERIM BUDGET
Councilman Fox reported that the Finance Subcommittee had spoken to Mr. McNulty
yesterday and that he had recommended waiting until the end of the interim period
to make all adjustments to each line item at that time. Up until that point,
each would be carried in either a positive or negative balance and all
adjustments would be made at one time.
Councilman Bill reported that the subcommittee went through a number of
applications and selected five to be interviewed on Sunday the 8th. He said 3
are from Arizona and 3 are from out of state. He was able to contact 5 out of
the 6, the 6th candidate was currently in England taking part in an exchange
program. He went over Sunday's schedule: 9:00 a.m. to 10:30 a.m., tour of
Fountain Hills in a rented bus, with councilmembers and councilmembers elect;
noon to 4:00 p.m., interviews; 4:30 to 6:00 p.m., social hour, again with
councilmembers and councilmembers elect. He suggested that the candidates be
interviewed in teams and handed out a sheet assigning councilmembers to groups,
explaining why he felt this method of interviewing would be desirable.
Discussion then ensued as to whether interviewing in teams would be a violation
of the open meeting law and Vice Mayor Minarsich stated his concerns over this.
Reference was made to a memo by Town Attorney Farrell who recommended that the
council interview as a whole group rather than subcommittees although he would
not definitively state at this time that the subcommittee approach would be a
violation of the open meeting law. Councilman Bill said the format could be
changed if there were concerns by members of the council. Councilman Fox said
that if the attorney could not come out in writing and state that the council
was not in violation of the open meeting law by interviewing in this manner, he
recommended that the council decide tonight not to interview in teams. Mayor
Cutillo said there was nothing on the agenda to allow the council to vote on such
a decision. Councilman Bill said the questions surrounding this issue needed
to be resolved before Sunday because they don't want to be in violation but at
the same time they want to structure it in such a way to be able identify the
candidate that would be best for Fountain Hills at the end of the day and that
somehow it needed to be worked out so that both goals could be accomplished.
Vice Mayor Minarsich reiterated the desirability of having the attorney's opinion
in writing. Mayor Cutillo expressed concern over lack of minutes and would
someone have to be present in each group to take minutes. Mr. McNulty said the
minutes from executive session are very broad and only need to record who was
talked to and the purpose of the meeting. It was suggested that Councilman Bill
get a handle on the legalities involved and keep the council apprised.
Councilman Bill said it was unlikely that the candidate presently in England
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would be able to make the interviews on Sunday and that he could either be
chalked off the list or they could set up another executive session for some
night next week. He said a third alternative was to add another candidate to
the list, the next one being from Arizona so he would be able to make it on short
notice. Vice Mayor Minarsich said he felt uncomfortable throwing someone out
because he was notified on short notice and couldn't be reached because he was
out of the country. He said he thinks the council is moving too fast if they
do something like that and if this is a strong candidate, the council should try
to work him into their schedule even if it requires taking an extra week to do
SO. Councilman Bill suggested having an executive session next Thursday to
interview the last candidate and to make a final decision as well. Bruce Hansen
stated he felt it was unfair to bring in 1 candidate separately after all the
others had been interviewed together. He said the last candidate has a definite
advantage over the others. Ken Sparks agreed that it was an unfair selection
process unless all were interviewed at the same time and said he felt things were
being rushed. Councilman Bill said getting all the candidates and all the
council together at the same time and place is a very difficult thing to
accomplish and throwing one candidate out because he is out of the country was
not a viable alternative, as the Vice Mayor had pointed out. He said he hopes
the council will take into consideration the advantage afforded the singly
interviewed candidate while they are making their decisions.
AGENDA ITEM #9 - CERTIFICATES OF APPRECIATION FOR SUBCOM4ITIEE VOLUNTffi2S
Vice Mayor Minarsich made a MOTION to award certificates of appreciation to all
citizen subcommittee volunteers. SECONDED by Councilman Fox. It was understood
that this would happen after the logo was chosen. The motion CARRIED
unanimously. Councilman Bill suggested working toward someday choosing a
volunteer of the year as well as recognizing all citizen volunteers.
AGENDA ITEM #10 - VOTE To 00 INTO Ec7C[l'I'IVE SESSION StMAY, APRIL 8, 1990
Mr. McNulty told the council that they could adjourn an executive session to be
continued at a later date and time so stated. Councilman Bill made a MOTION to
schedule an executive session for Sunday, April 8th at 12:00 noon. SECONDED by
Vice Mayor Minarsich. It was brought up that location needed to be included in
the motion. Vice Mayor Minarsich and Councilman Bill WITHDREW THE MOTION AND
THE SE7COND. Councilman Bill made a MOTION to schedule an executive session for
12:00 noon, Sunday, April 8th, at Town Hall. SECONDED by Vice Mayor Minarsich
and CARRIED unanimously.
AGENDA ITEM #11 -- WARRANTS TO BE PAID
Vice Mayor Minarsich made a MOTION to pay the warrants attached. SECONDED by
Councilman Bill. Mayor Cutillo told the public that the total warrants to be
paid came to $3,609.65. The motion CARRIED unanimously.
AGENDA ITEM #12 - CALL TO THE PUBLIC
Stan West asked if a subcommittee had been formed to look into highway safety.
He was told there was not a formal subcommittee that had been formed for that
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purpose. Ken Sparks expressed concern at posting on a Friday. Mr. McNulty
explained that the court case referred to posting on Saturdays and that Fridays
are working days, hence, viable posting days.
ADJOURNMENT - Councilman Fox made a MOTION to adjourn. SErX*GM by Councilman
Bill and CARRIED unanimously. The meeting adjourned at 7:21 p.m.
TOWN OF.t For,,v
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By:
John .� o, Mayor
ATTEST:
Cassie
v
Cassie B. Hansen, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the regular meeting of the Town Council of Fountain Hills held on the
5th day of April, 1990. I further certify that the meeting was duly called and
that a quorum was present.
DATED this 134- day of April, 1990.
Cassie B. Hansen, Town Clerk
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