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Home My WebLink About1992.0521.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 21, 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, May 21, 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 Father Tot O'Day from the Church of the Ascension, 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, Wally Hudson, and Bill O'Brien. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, 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, non-controversial 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. Typical items on a consent agenda are special event requests and easement abandonments. All materials and prior approvals had been provided to and reviewed by the Council prior to the consent agenda vote. The consent agenda items were read by Mayor Cutillo and the Council acted on them. Mayor Cutillo made a MOTION to approve as read. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor Tibbetts aye Councilman O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilman Fox aye The roll call vote results were seven aye to zero nay votes. AGENDA ITEM #2 - ACCEPTANCE OF THE MEETING MINUTES OF APRIL 14TH, 16TH, 23RD, 30TH, AND MAY 5TH AND 7TH. This item was a part of the consent agenda. Mayor Cutillo made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1992-13, AUTHORIZING AND DIRECTING THE ACQUISITION OF CERTAIN EASEMENTS IN CERTAIN REAL PROPERTY BY THE TOWN BY DEDICATION, DONATION, PURCHASE OR UNDER THE POWERS OF EMINENT DOMAIN FOR STREET RIGHT-OF-WAY PURPOSES, DRAINAGE PURPOSES AND TEMPORARY CONSTRUCTION EASEMENTS. This item was a part of the consent agenda. Mayor Cutillo made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. Minutes of the Regular Session of the Town Council 05/21/92 Page 1 of 4 TOWN OE FO AIN LLS Le By: -L7 5 Jc¢hn . Cutillo, Ma o ATTEST: \ Cassie B. Hans n I Town Clerk PREPARED BY: (�� i^,'"" ' Lari L. Bratcher, 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 7th day of May 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this )-) 1— day of May 1992. 04,1115 . 41.../K4A-Ai Cassie B. Hansen, Town Clerk ir lie Minutes of the Regular Session of the Town Council 05/07/92 Page 5 of 5 AGENDA ITEM #4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE L SUNSET KIWANIS TO CONDUCT A BIATHLON ON SUNDAY, MAY 31 FROM 6:00 A.M. TO 10:00 A.M. THE PURPOSE OF THE EVENT IS TO SUPPORT THE YOUTH OF FOUNTAIN HILLS. This item was a part of the consent agenda. Mayor Cutillo made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #5 - CONSIDERATION OF THE SPECIAL EVENT REQUEST BY THE FOUNTAIN HILLS GIRL SCOUTS TO CONDUCT A FLY UP CEREMONY ON THE AVENUE OF THE FOUNTAINS ON SUNDAY, MAY 31, FROM 5:00 TO 6:00 P.M. This item was a part of the consent agenda. Mayor Cutillo made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #6 - CONSIDERATION OF THE EXTENSION OF PREMISE REQUEST BY THE ALAMO FOR SATURDAY AND SUNDAY, MAY 30TH AND 31ST. THIS REQUEST IS TO ACCOMMODATE THEIR 3RD ANNUAL FOUNTAIN HILLS ALAMO CLASSIC GOLF TOURNAMENT, PROCEEDS TO BENEFIT THE FOUNTAIN HILLS AMERICAN LEGION. This item was a part of the consent agenda. Mayor Cutillo made a MOTION to approve. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #7 - MONTHLY REPORT BY LT. STONER OF THE MARICOPA COUNTY SHERIFF'S DEPARTMENT. Lt. Stoner gave the Council a review of the Fountain Hills statistics for April 1992. AGENDA ITEM #8 - TOWN MANAGER'S REPORT. #8.A.1. PROJECT UPDATE (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) ; Consideration of the revised employment agreement for the Town Manager. Councilman Hudson stated that the changes that were made in the agreement were: the cost of living increase provision was deleted, compensation time was eliminated, and there was a new procedure and schedule to evaluate the manager. Mayor Cutillo made a MOTION to accept the contract agreement dated May 7, 1992. SECONDED by Councilman Minarsich. Councilman Clark stated that the new contract was a two year contract and he had wanted the agreement to be only one year in length. He added that the review date had been re-aligned to fall before budget review, putting it into the April-May period. Councilman Clark said that there should be a ninety day notice prior to the date and therefore the contract should expire in August. Councilman Clark AMENDED the motion to read, in paragraph 5, that where it said Nordin agreed to remain in the exclusive employ of the Council until May 7, 1994, be amended to read August 7, 1993. SECONDED by Councilman Hudson for discussion purposes. Councilman Hudson stated that he did not feel that the amendment was an improvement to the contract. Councilman Minarsich stated he was not clear on the reason for changing the contract from a two to a one year contract. Councilman Fox stated that the ninety day notice statement was notice the Council would give the Manager, should his services be no longer desired. Councilman O'Brien stated it was not a ninety day notice, but the Manager would have to be paid for ninety days, should he be let go. Ms. Petrov asked when the Manager's progress was reviewed. Mayor Cutillo stated that it was seventeen months from his last pay raise. The amended motion FAILED by a vote of five nays to two aye votes. Councilman Clark said he had a problem with paragraph six of the agreement, he read it and it was reviewed by the Council. Councilman Minarsich stated he was comfortable with the agreement the way it was. ,.. Minutes of the Regular Session of the Town Council 05/21/92 Page 2 of 4 Original motion CARRIED with a vote of six aye to one nay vote, cast by Councilman Clark. #8.A.2. Consideration of using a portion of the street paving bond money as follows: $137,625 for work to be included in the Construction 70, Inc. construction contract and $136,000 for work outside of that contract. Mr. Harrel said that the construction contract was awarded to Construction 70. He stated that there were several contingencies in the proposal, he reviewed them and explained which had been included and excluded. Mayor Cutillo stated he was in favor of the proposal, the Council agreed. #8.A.3. Consideration of the alternate traffic safety plan on Saguaro for the Mayor's Youth Council "Rock in the Park" on Saturday, May 23. The alternate plan will require that only the east side of Saguaro be closed. Mr. Nordin explained the plan and requested approval from the Council. Councilman O'Brien expressed concerns with traffic flowing on Saguaro with pedestrians crossing. Mr. Putterman stated the plan was a safe one. Councilman Minarsich asked if the plan had been approved by the Fire Chief and the Marshal and Ms. Hansen stated it had been. Councilman Minarsich thanked Ms. Hansen for her efforts in the matter and made a MOTION to approve the request. SECONDED by Vice Mayor Tibbetts. Mr. Hansen commended the Town Staff. The motion CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 1992-12, AUTHORIZING THE MUNICIPALITY TO ENTER INTO A MASTER EQUIPMENT LEASE PURCHASE AGREEMENT WITH VALLEY BANK LEASING, INC. FOR THE ACQUISITION OF THE USE AND POSSESSION OF ONE NEW JOHN DEERE 210C1 LANDSCAPE LOADER WITH CAB, AIR, MFWD, WITH BACKHOE, 12" BUCKET, 3 PT. HITCH. Councilman Hudson made a MOTION to TABLE the request until the first meeting in June. SECONDED by Councilman Clark. Mayor Cutillo stated staff had recommended tabling the request contingent upon talks with Valley Bank Leasing. The motion 41111) CARRIED unanimously. AGENDA ITEM #10 - CALL TO THE PUBLIC. Mayor Cutillo made the call to the public. Ms. Dugger asked what happened with the noise ordinance issue. Mayor Cutillo stated that Mr. Nordin would update her after the meeting. Mr. Evancho asked the status of the full-time Marshal position and Mayor Cutillo said Mr. Nordin would update him after the meeting. AGENDA ITEM #11 - PURSUANT TO A.R.S. 38-431.03.A.4. AND 38-431.03.A.3, VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION 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 AND FOR LEGAL ADVICE WITH THE ATTORNEYS OF THE PUBLIC BODY. Councilman Fox made a MOTION to go into executive session after a short recess at 7:18 p.m. SECONDED by Councilman Minarsich and CARRIED unanimously. The Town Council went into executive session at approximately 7:24 p.m. AGENDA ITEM #12 - RETURN TO REGULAR SESSION AND ADJOURNMENT. The Town Council returned to regular session at 8:14 p.m. Councilman O'Brien made a MOTION to adjourn. SECONDED by Councilman Minarsich and CARRIED unanimously. The Town Council adjourned at approximately 8:15 p.m. Minutes of the Regular Session of the Town Council 05/21/92 1140 Page 3 of 4 TOWN F UN AI HIL By: _ A�� P / �j hn . Cutil o, ayor ATTEST: 1,.J Ca sie . Han wn Clerk PREPARED BY L ri L. Bratcher, 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 21st day of May 1992. I further certify that the meeting was duly called and that a quorum was present. DATED this day of June 1992. (1_,CileLt, 15 at1-1 .4,4-/•.) Cassie B. Hansen, Town Clerk L Leo Minutes of the Regular Session of the Town Council 05/21/92 Page 4 of 4