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Home My WebLink About1990.0619.TCWSM.MinutesTOWN OF FOUNTAIN Hl[,LS MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN KILLS TOWN COUNCIL TUESDAY, JUKE 19, 1990 A public work-study- session of the Fountain Hills Town Council was aor rened .and called to order by _'Mayor John Cutillo at approximaWy 5:00 p.m., Tuesday, June 19, 1990 in the Fountain Hills Town Hall Offices locatod at 16836 E. Palisades Bled., Building C, Fountain Hills, Arizona. Present for the work'study session were Mayor John Cutil.lo and Councilmembers Mike Minarsich. Peg Tibbetts, i•all_v Hudson .;and Frank Clari:. Ahssr-r t- were Councilman Bill O'Brien and Lice Mayor Charlie Fox. Also present were Town: Manager. Mike McNulty and Town Clerk Cassie Hansen. AGP.NDA_ITEM_i2 — DISCUSS_ AND_REVIEW_THP__TOWN CODES FOR FOUNTAIN HILLS The council decided to go through the codes page by page. Councilman O'Brien, on a list he had left with concern_; and questions on the codes, had expressed concern with some of the definitions. Yr. NcNulty explained that these were fairly standard definitions from a legal and governmuntai perspective. Since none of the other councilmembers had similar concerns, they moved can to the next section. Councilwoman Tibbetts questioned the effective date of the codes and Mr. McNulty said it would be noon on the 29th of June because the codes, adopted with the emergency clause, would go into effect immediate>Iy and using noon as the designated time just means that it would happen during the day when people were around to enforce the codes .:as opposed to midnight. Seloction of mayor was then discussed, Councilman Hudson proposing a yearly- selection in June or serving at the pleasure of the council. Mayor Cutiilo said he favored the direct election of mayor to alleviate politicinh amongst the councilmembers. Councilman. 'tinarsich said he felt the council was in a better position to choose a mayor amongst themselves than the public simply because they had the oppertuni.ty° to work together in closer proximity. C'ounci.iwomnn Tibbetts said she did not like the idea of changing the mayor every year because there was much to be said for continuity. Mr. McNulty said serving at the pleasure of the council would cause the mayor to be constantly politicing. looking over his shoulder to make sure he wasn t Losing favor amongst the counciilmembers. He was not even sure if statute would allow the yearly selection of the mayor. Councilman Hudson said he can understand the concerns expressed by the other mombers but that he can also see a potential problem of a major overstepping his nuthority. Mr. McNulty reiterated the Mayor's concern that hoc,- the mayor votes, it he is ser; in,:; at the pleasure of the council, can be affected becauso it he votes against i other people on the council on an issue, those Name ; can vote him Dirt as mayor at the next meeting. He further stated that the lay; makes pr- ision for the removal of the vice mayor but not the mayor. He also sod there arcs enough problems as a brand new council, finding out what government is all about, without asking for problems nu the council. Mayor Cutillo said he wouldn*t h:avc ..a problem with adding 'gat the pleasure of the cc-;uncil- to the code if that was the concensus of the council. Councilman Minarsich was uncomfortable that there appeared to be no provision for removing a mayor if it became necessary. Mr. McNulty said if the law is silent. you can't do it and that is one of the benefits to having a charter because if something isn't specifically denied .in the law or is silent, Town Council Yinutes a 19/90 Page I of '� it ,can be done. This is the big difference in a general cite and a chart er r rI N. because a general law city- can only do what they- are specifically permitted to do in the law. It was the general consensus of the council to add "who shall serge at the pleasure of the council to the codes. Councilman Hudson's concern that a councilman who resigns cannot be hired by the town until after the completion of their term plus 1 year was discussed. The council then discussed the selection of the vice mayor and decided to ge t,ith month rotating terms. with the councilmembers with 2 year terms filling the first 3 terms. Yr. McNulty said putting in the code "determined by lot- would take care of how th- selection process takes place. The starting point wouid be the first meeting in June. It s clarified that the mayor does not. need permission to be gone over a certain length of time, simple that he gives the council notice that he will be one. In response to a concern of Councilman O'Brien's, Yr. YcNulty said that legally, a cr;crr,cilmember can be compelie:l to attend a meeting to assure that membr-rs don't boycott a meeting to affect a vote. Consent agendas were discussed and clarified. Councilmembers were assured that .an item could be removed from the consent agenda if one member wished to discuss A before voting on it. In Section 2-+-5, the council discussed how items should be put on the agenda. Councilmembers expressed concern that as it reads, anyone, including citizens, could put something on the ..agenda. It was the general consensus of the council to modify the text so that the town manager and councilmembers can put items on the agenda. Powting and publ=ishing requirements were discussed. Councilman O'Brien questioned the enumerated treasurer duties being removed from the town clerk's job description. Mr. McNulty stated that :;rate law only states th.it thy• town clerk shall be the treasurer but does not call out what the :;ah7 quent Auties shall be,. He said it was probably better that an accountant: WAIF thethe,y day to dafinancial accounting and finances as the clerk has other duel. s to do. Department heads and when they would be named ,;ere discussed, fir. McNulty advised that the council may [,'ant Lo consider having the town mar•shall also serve is the code WorrPment of `7 c'er because someone. WA have 4; be out there to ntarre all the codes. In Section 1-5, :after discussiai, on responsive and responsible, the Counci I riL,sided responsive should be changed to responsible because all bidders that have responded are not necessarily responsible. This: change also affects 3-3-7 where respunsi ve heeds to be ch ange3 bads to responsible. Councilman Hudson pointed o"t that there were more places this ch:angp would need to take place. !" Wi`UILI ,said he has intotmarior for Paul Lo k',o o;er and mzal•:e .9 recewnTlendation to the council on 3 civil preparedness pLAn. un page 9, Councilman Clark found a typo ir. the duplication of town `:r. Yc ulty su gest= 1 chat .suction _ -i-V shou .I rea+-i .as C' )nested by t'he court and paid to the town as per rules and regulations or approved procedures. On page: % Council O'Brien had a problem WA i, :section 5-5-1 because there was no mention of compensation in th- section. Councilman Hudson read a sentence Ohio was in the original coder stating that the court clerk shall serve for such :salary as ma;- bp determined by the council and that that part was not supposed to h9ve been left out. Town Council Minutes b 1990 Page 2 of 3 Mr. McNulty clarified that Article 5-x c", tho public defender- was to- Uo -t.our;, but that the council can male the judge aware of the procedure they want him r- follow in determining indigency. On page 42, Mr. McNulty said chy necrian an Anim"Is wculJ bp changed when league had the update from the new county contract. On page 50. 7-1-1-A-6, would probably be deleted - he's nei 2r qPen thit ode we have no copies. 11. McNulty emplainpd that anything that -urr-Mll exists and is being used it the time the codes are adopted will be grandfathered in after adoption ovun they are non-confornAng. It has tG by out of use for A , par before it 104-S i t right to exist. The council then came Lo Lhe business section and expl.ii,,ied that the �-*h,-Imbr has asked for a delay on this section until they have chance to p-,li r membership. Councilman Clark inl-d hhy the Nm ion an vending machinps had been removed and Councilman Hudson said the committee felt ohpr- was no need at thj�-- time since there did not Seem tO bu UaL Man) nenairy machines in town. The council adjourned the worK study sessioc at approximately 7:00 F.M. TOWN IF FqUANTA1117111T EY: Von N. V ta 1 m4yor ?TTEST: Cassie B. Hansen, --Town Clerl.- CE TIFICATION I hereby certify that the toregoi . ng minAps :ire' a true anq rorrecr copy of the minutes of the workstudy the Town CounTA of Fountain Hills held on the 19th of June, JQ10. I further certify that rh, mectinn oaL duly : nll& npd that a quorum was present. DGED this 004--- day of June, 1000. Massie R. Hansen, Town GeV Town � juncil hinat(A 0 IP 00 Page 1 of �