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Home My WebLink About1993.0415.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 15, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, April 15, 1993, 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 Councilwoman Tibbetts, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien, and Councilmembers, Charlie Fox, Peg Tibbetts, Wally Hudson, Mike Minarsich and Frank Clark. Also present were Town Manager Paul Nordin, Town Clerk Cassie Hansen, and Administrative Assistant Marcia Jewett. Mayor Cutillo read the consent which included: AGENDA ITEM #2. - CONSIDERATION OF THE MEETING MINUTES OF APRIL 1 1993 AGENDA ITEM #3. - CONSIDERATION OF ROTARY'S SPECIAL EVENT REQUEST FOR A CAR SHOW TO BE HELD IN FOUNTAIN PARK ON SATURDAY AND SUNDAY, MAY 1ST AND 2ND,1993 THE EVENT WILL RUN FROM 7:00 A.M. TO 4:00 P.M. BOTH DAYS. PROCEEDS WILL GO TO THE ROTARY'S "GIFT OF LIFE PROGRAM". AGENDA ITEM #4. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE PERIMETER BICYCLING ASSOCIATION OF AMERICA FOR THE TOUR DE PHOENIX ON SATURDAY, APRIL 17, 1993. THIS ANNUAL BICYCLING EVENT AROUND THE PERIMETER OF THE MCDOWELLS, EXPECTED TO BRING CYCLISTS THROUGH FOUNTAIN HILLS BETWEEN 8.30 A.M. AND 12:30 P.M., IS HELD TO PROMOTE CYCLING AND RAISE FUNDS FOR THE PHOENIX CHILDREN'S HOSPITAL. AGENDA ITEM #5. - CONSIDERATION OF RESOLUTION 1993-13, REQUESTING THE ARIZONA DEPARTMENT OF TRANSPORTATION TO AUTHORIZE TRANSPORTATION ASSISTANCE FUNDS PURSUANT TO SECTION 28-2602, ARIZONA REVISED STATUTES. THIS RESOLUTION IS PART OF THE APPLICATION PROCESS WHICH ENABLES THE TOWN TO RECEIVE LTAF (LOCAL TRANSPORTATION ASSISTANCE FUND), OR LOTTERY MONIES. Mayor Cutillo MOVED approval of the consent agenda SECONDED by Councilwoman Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilman Fox aye Councilwoman Tibbetts aye Minutes of the Regular Session of the Town Council 04/15/93 Page 1 of 4 , AGENDA ITEM #6. - MONTHLY REPORT BY MAGISTRATE SHOOB Magistrate Shoob said filings for the month were over $300. Total revenue to date was $130,000 gross and outstanding accounts were $75,000. This represented an accumulative amount based on over one-half million dollars of fines levied in three (3) years. Councilman Fox suggested that for next year it would be helpful to know how much of that $75,000 was for this year. Magistrate Shoob said $76,000 in actual gross fines had been collected over a one (1) year period, 55%-60% (approximately $40,000) of that attributed from the collection officer to the Town. He said there were nine (9) separated surcharges but legislation had passed wherein everything would be combined in a 46% surcharge. Councilwoman Tibbetts asked if that included the housing allowance paid to the county for prisoners. Magistrate Shoob said that was separate, and it cost about $39.00 a night to house a prisoner. If it was a mandatory 30 or 60 day DUI only half of that figure was paid. Mr. Nordin said at the MAG Management Committee Meeting a task force reported that a reduction of $2.00 per day was being considered AGENDA ITEM #7. - DISCUSSION ON THE MCDOWELL MOUNTAIN PARK BY WILLIAM SCALZO DIRECTOR OF MARICOPA COUNTY PARKS AND RECREATION DEPARTMENT. Mr. William Scalzo gave a presentation on the transfer status of several sections of land in McDowell Mountain Park to the Bureau of Land Management (BLM) and potential land swaps of land owned by Scottsdale. Mr. Ron Ross chaired the committee and Mr. Scalzo read a memorandum and motion made by Mr. Ross. On April 15, 1993 Mr. Ross moved to deny the proposed land exchange and advised the Board of Supervisors of the denial. The motion was unanimously approved by the Commission. Mayor Cutillo asked if there were any current plans to protect the McDowell Mountain peaks and Mr. Scalzo said the City of Scottsdale had set up a committee but there was currently no involvement. Councilman Fox asked where the proposed land swap was and Mr. Scalzo said it would have included the two (2) sections on the southeastern comer and the north and western sections of the park. At one time there was a proposal for as many as ten (10) sections. Councilman Fox asked who the owner of the property was and Mr. Scalzo said the county and they would have swapped with the BLM. Most of the land, but not all of it, was acquired through the Recreation of Public Purposes Act and could only be used for public parks and recreation purposes or sold back to the Federal Government for their use. BLM was the only party who could have taken that land and swapped it for other lands which included Planet Ranch and the mountain ranges. Councilwoman Tibbetts asked if the five (5) political bodies whose vote determined the position of the land, was the County Board of Supervisors and Mr. Scalzo said that was correct. Councilman Clark wanted to clarify that all of the property within the boundaries of the Regional Park was owned by the county and Mr. Scalzo concurred Mayor Cutillo clarified that the land the Council had taken action to annex was not included. Councilman Fox asked if there was a pending vote and Mr. Scalzo said there was not. The BLM had advised him that if it was withdrawn from any discussion they had no where to go, they needed for someone to trade the land. Councilman Fox asked that the Council be notified if there was an agenda item for a vote with the supervisors. He clarified that the two (2) sections of state land south of the southeast comer of the park, along with a piece to the southwest section along with the two sections of state land were the only practical pieces of land the community could annex. Those two (2) sections would be brought into the Town and zoned by the community. Councilwoman Tibbetts asked if another bond issue had been attempted for the mountain peak and the park and Mr. Scalzo said there had not been any bond issue discussions. Minutes of the Regular Session of the Town Council 04/15/93 Page 2 of 4 AGENDA ITEM #8. - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) No one came forward. AGENDA ITEM #9. - PURSUANT TO A.R.S. 38431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT, APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLIMNG 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. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. THE COUNCIL WILL BE DISCUSSING THE TOWN MANAGER'S REVIEW. Mayor Cutillo MOVED to go into the Executive Session. SECONDED by Councilman Clark and CARRIED unanimously. The Council recessed the Regular Session at 7:03 p.m. and went into the Executive Session at 7:04 p.m. AGENDA ITEM #10. - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 9:07 p.m. AGENDA ITEM #11. - CONSIDERATION OF MERIT INCREASE FOR THE TOWN MANAGER FOR FY 93/94. Vice Mayor O'Brien MOVED to increase the Town Managers salary for fiscal year 93/94 three percent (3%). SECONDED by Councilman Hudson and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Hudson aye Councilman Clark aye Councilman Minarsich aye Councilwoman Tibbetts aye Councilman Fox aye Minutes of the Regular Session of the Town Council 04/15/93 Page 3 of 4 , AGENDA ITEM #12. - ADJOURNMENT. Councilman Minarisch MOVED to adjourn. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council adjourned at approximately 9:10 p.m. TOWN OF FOUNTAIN HILLS ATTEST: C— ' 6 - I Cassie B. Hansen, Town Clerk PREPARED BY:,� Marcia M. Jewett, Admin. Assist. 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 15th day of April 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this L-H,—_ day of May 1993. 6. I� Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 04/15/93 Page 4 of 4 ,