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HomeMy WebLinkAbout1992.0416.TCRM.Minutes TOWN OF FOUNTAIN HILLS 40110) MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 16, 1992 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 16, 1992, in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Reverend Gary Emmons from the Christ's Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Frank Clark, Mike Minarsich, Charlie Fox, Bill O'Brien and Wally Hudson. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jeppson, and Town Clerk Cassie Hansen. Mayor Cutillo stated that there was a consent agenda and that all items listed with an asterisk were considered to be routine matters and would be enacted by one motion and roll call vote of the Council. There would be no separate discussion of the items unless a Councilmember or member of the public so requested, in which event the item would be removed from the Consent Agenda and considered in its normal sequence on the agenda. The consent agenda items were read by Mayor Cutillo and the Council acted on 1000) them. Councilman Fox made a MOTION to approve as read. SECONDED by Councilman Minarsich and CARRIED unanimously with the following roll call vote: Mayor Cutillo aye Vice Mayor Tibbetts aye Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilman Fox aye AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF MARCH 17, 19, AND APRIL 2, 1992. This item was a part of the consent agenda. Councilman Fox made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE SILVER COLLECTOR CAR AUCTION TO BE HELD IN FOUNTAIN PARK OF FRIDAY AND SATURDAY, MAY 1 AND 2, 1992, FROM 8:00 A.M. TO 8:00 P.M. THE CHAMBER IS REQUESTING CLOSURE OF SAGUARO BOULEVARD FOR THE EVENT. Minutes of the Regular Session of the Town Council 04/16/92 Page 1 of 5 This item was a part of the consent agenda. Councilman Fox made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE MAYOR'S YOUTH COUNCIL FOR A ROCK IN THE PARK, A CONCERT FEATURING FOUR BANDS IN FOUNTAIN PARK ON SATURDAY, MAY 23, 1992, FROM 12:00 NOON TO 5:00 P.M. THE EVENT IS BEING CO-SPONSORED BY THE KIWANIS CLUBS, THE MARSHAL'S RESERVES AND THE MARICOPA COUNTY SHERIFF'S OFFICE. This item was a part of the consent agenda. Councilman Fox made a MOTION to approve. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #5 - MONTHLY ACTIVITY REPORT BY CAPTAIN DAVE HENDERSHOTT OF THE MARICOPA COUNTY SHERIFF'S DEPARTMENT. Captain Hendershott presented his monthly report and asked for any questions. He said he was concerned with the theft problem in the Palisades Boulevard area. Captain Hendershott stated that the issue had been studied and he felt that the problem stemmed mainly from juveniles and opportunities. He stated the Department planned to start block watches in the area, to educate the population. Captain Hendershott said most of the activity was happening in the evening hours. He stated that burglaries in March were not concentrated in the Palisades area, they were unrelated and spread throughout town. Councilman Hudson asked if the Town had copies of the monthly reports. Mr. Nordin stated staff had them. Councilman Clark asked for an update on the Julie Patterson case and Captain Hendershott stated he could not comment except for the fact that it was being investigated very heavily. Councilman Clark stated that he had been told that neighbors of Ms. Patterson had not been interviewed. Captain Hendershott said he would relay the information to the Detective Bureau Captain. Mr. Farrell stated that the contractual agreement between the Town and M.C.S.O. did not involve any supervision over felony investigations. He added that any relations in such a matter would be between the Sheriff's office and the County Attorney. Mr. Farrell stated that there was no reporting or obligation to the Council on the part of the Sheriff's office where there was a felony concerned. AGENDA ITEM #6 - TOWN MANAGER'S REPORT. #6.A.1. PROJECT UPDATE (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) ; Consideration of changing the position of Town Marshal from a part-time to a full-time position. Mr. Nordin stated that he had nothing further to present to the Council and would answer any questions. Councilman O'Brien stated he would like to make the change contingent on the individual's first year's performance. Mr. Nordin stated that he agreed and would see that performance criteria was developed. He added that a one year probationary period in law enforcement was appropriate. Councilman Minarsich stated that the Council could change the position any time that they felt necessary. He said that if the Council felt a part-time position was all that was needed at the end of the year, the Council could make a change. Vice Mayor Tibbetts made a MOTION that the Council change the Marshal position from half-time to full-time at the salary range of $40,000 to $53,000 effective in the 1993 budget year with personnel recruitment to begin before that time. SECONDED by Councilman Fox. Councilman Hudson stated that he felt the position was beyond the realm that one person could handle. He said he proposed a permanent part-time Marshal with the hiring of a code enforcement officer, at a much lower pay scale range. Councilman Hudson stated that he felt the Town would look upon the program more favorably if it was set up that way. He stated he was against the hiring of one who was almost the equivalent of a Police Chief at that time. Mayor Cutillo asked (kato Minutes of the Regular Session of the Town Council 04/16/92 Page 2 of 5 Councilman Hudson if his idea was a cost saving plan or would it be more expensive. Councilman Hudson stated he thought it would be more expensive, however, also more effective. Councilman Clark stated it would give the Town a man and a half instead of one man. Councilman Fox suggested that with the extra half person, support staff would be needed. Councilman O'Brien AMENDED the motion with two contingencies, one, that it was a one year probationary period, and two, that the Council be allowed to review a one year list of objectives before the applicants would be interviewed. Amendment FAILED for lack of a second. Mayor Cutillo said that the Council had not had much time to consider the proposal and suggested that the Council table the proposal for two weeks. Councilman Fox stated he thought there would be a problem with full-time people reporting to a half-time person. Councilman Hudson stated that the Council was limited in police functions. Councilman Hudson made a MOTION to table the agenda item for two weeks. SECONDED by Councilman Clark and motion FAILED by a vote of three aye votes to four nay votes. Councilman Minarsich stated that he agreed with Councilman Hudson and Councilman Clark's comments. Councilman Fox stated that Captain Hendershott had indicated that he would be happy to work with a full-time Marshal. Councilman O'Brien requested that more review of the position and department be done before any more changes were made. Mr. Nordin stated that he would see that that was done. Mayor Cutillo said he voted against the tabling motion because he did not want to stop discussion. Mr. Farrell said even if the agenda item was defeated, it could be placed back on the agenda at any time in the future. Ms. Petrov thanked the Council for delaying the decision. Mr. Henry from Lunar Lane stated that the right part-time person could run the Fountain Hills police department. Ms. Charles stated the rules and regulations were not being enforced. She added that the rules were fine but the enforcement was not adequate. Ms. Charles said that a person should work full-time on special event weekends because citizens took full advantage of those times and plastered signs all over the town. Mr. Sparks said the backlog of complaints proved that a part- time position was not adequate. He stated that the type of person needed for the position should be a full-time law enforcement person. Councilman Fox stated that Fountain Hills would not start its own police department for three or four years and he did not think it was a good idea to consider it any sooner. Mr. Syracu said he thought it was a communication problem and felt that the town needed another person. Mr. Hickey stated the duplication of effort was a problem and the Sheriff's Deputies that day had written tickets on the Avenue of the Fountains for parking with the right wheels more than 18 inches from the right curb. Captain Hendershott stated that there was an Arizona State Law dealing with parking that way and that was what they used to cite. He added that they gave citizens thirty days of warnings and they were now issuing tickets. Mayor Cutillo read the original motion and called for the vote. Motion FAILED. A roll call vote was taken and the results were as follows: Mayor Cutillo nay Councilman Hudson nay Councilman O'Brien nay Councilman Fox aye Councilman Clark nay Councilman Minarsich aye Vice Mayor Tibbetts aye The roll call vote results were three aye votes to four nay votes. Mayor Cutillo requested that the issue be represented to the Council at the next work study session and also to explore other possibilities. AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 92-02, REGULATING NOISE LEVELS IN THE TOWN OF FOUNTAIN HILLS. Minutes of the Regular Session of the Town Council 04/16/92 Page 3 of 5 Mr. Nordin stated the intent was to obtain further direction from the Council and public comment and that staff recommended the issue be tabled. Mayor Cutillo said the new zoning regulations contained an area that addressed the issue. He asked if there were any changes in the research or any conclusions drawn since the last meeting. Mr. Farrell stated there was nothing researched or concluded at that time. He said the special use permit issue was still under investigation. Mr. Jeppson stated that the application had stated that there would be no loud speakers allowed in relation to the boxing ring and was good for a period of two years which had expired. Councilman O'Brien stated that he wanted the decibel levels allowed shown on the permits as they were issued. Councilman Clark said he wanted the times stated on the permits. Councilman Minarsich made a MOTION to TABLE the issue. Mr. Syracu stated that there were several police powers under the nuisance act. Ms. Petrov asked what Ordinance 92-02 was and if it included vehicular noise, etc. or did it strictly pertain to special events. Mayor Cutillo stated that it pertained to mechanical devices and had nothing to do with events or traffic. Vice Mayor Tibbetts said it was for places of public entertainment. Mayor Cutillo read the entire ordinance title. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #8 - CALL TO THE PUBLIC. Mayor Cutillo made the call to the public. Mr. Regeski said he had taken over as the President of F.H.A.P.P.O. and looked forward to working with the Council on future issues. He commended Councilman Clark for bringing up the Julie Patterson case. Ms. Petrov said she, at the last meeting, had brought up the fact that the intersection corners were becoming over grown and there was a line- of-site problem. She added that the situation had not been taken care of. Mayor Cutillo stated he would check with the Town Engineer. Mr. Syracu asked the Commission to appoint a special hillside commission. AGENDA ITEM #9 - PURSUANT TO A.R.S. 38-431.03.A.1. AND 38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION TO DISCUSS OR CONSIDER THE EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING, AND DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION IN PENDING OR CONTEMPLATED LITIGATION, RESPECTIVELY. Councilman O'Brien made a MOTION to go into executive session after a short recess at 7:58 p.m. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council went into executive session at approximately 8:10 p.m. AGENDA ITEM #9 - RETURN TO REGULAR SESSION AND ADJOURNMENT. The Town Council returned to regular session at 10:15 p.m. Councilman O'Brien made a MOTION to adjourn. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 10:16 p.m. Minutes of the Regular Session of the Town Council 04/16/92 Page 4 of 5 TOWN OF 0 By: ‘-1-2 /� , Joh M. Cutillo, or ATTEST: C�1A.�_ el • I Cassie/: . Ha en, Town Clerk PREPARED BY:',/ . ri L. ratc er, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 16th day of April 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this — f day of May 1992. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 04/16/92 Page 5 of 5