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HomeMy WebLinkAbout1993.1202.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 2, 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, December 2, 1993, in the Fountain Hills Town Hall Council Chambers, 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 Mike Minarsich and Councilmembers Peg Tibbetts, Bill O'Brien, Wally Hudson, Frank Clark, and Don Lawrence. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Town Engineer Randy Harrel. Mayor Cutillo read the consent agenda which included: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF NOVEMBER 4, 1993. AGENDA ITEM #3. - CONSIDERATION OF FINAL PLAT FOR CASA LADERA. AGENDA ITEM #4. - CONSIDERATION OF FINAL PLAT OF MIRAGE CONDOMINIUMS XIII. AGENDA ITEM #5. - CONSIDERATION OF RESOLUTION 1993-39. ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT AFFECTING ALONG THE NORTHEASTERN LOT LINE OF LOT 31, BLOCK 5, OF PLAT 428 FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS. PAGE 19. RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #6. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION OF CRAIG BORN FOR FOUNTAIN BOWL. THE APPLICATION REFLECTS A REQUEST FOR A NEW CLASS 6 LICENSE. Councilman Hudson MOVED approval of the consent agenda, SECONDED by Vice Mayor Minarsich. A roll call vote was taken and the results were as follows: Minutes of the Regular Session of the Town Council 12/2/93 Page 1 of 12 Mayor Cutillo aye Vice Mayor Minarsich aye Councilman Lawrence aye Councilwoman Tibbetts aye Councilman Clark aye Councilman Hudson aye Councilman O'Brien aye AGENDA ITEM #7. - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob said all areas showed an increase: case filings were on the rise and more citations were being seen by the court causing more cases to be heard and terminated by the court; outstanding accounts were up while gross revenues showed some improvement. He said he had met with Marshal Gendler to attempt to find the reason for so many outstanding accounts and to formulate a plan of attack. He said he was confident they would be back under control soon. In the three and one half years of the court, there had been 9433 traffic cases, 727 criminal cases, 79 injunctions, and 257 warrants, 51 of which were still outstanding. The gross receipts for the same period were in excess of one half million dollars. AGENDA ITEM #8. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION). #8.A. - Update on the Beeline Highway. Mr. Nordin said a revised Beeline Highway construction schedule called for construction to commence in May of 1995 with completion scheduled in November 1996. He said this was ten months behind the schedule previously given in November 1991 due to negotiations between ADOT and the Indian tribe. ADOT seemed confident that all necessary agreements had been reached, though the Indian tribe had not ratified the agreement giving ADOT the right to utilize the right of way necessary for construction and operation of Beeline Highway. Mr. Nordin said he raised that question when conferring with ADOT officials and was assured there would be no problem. Councilman Lawrence asked whether the recent recall and subsequent political turmoil would delay the process. Mr. Nordin responded that it did not presently appear to be delaying the progress on the project. ADOT had gotten formal tribal council action on approving the payment amount for the easement going through Indian property, so there was favorable action taken. Councilman Clark said that despite the agreement not being formalized, he and Mr. Harrel attended an initial site visit Tuesday, November 23, which had a two-part purpose: to serve as a reminder to people of actions taken to date, and as an orientation for newcomers to the project. A partnering workshop would be held December 17, 1993, and since he and Mr. Harrel were on that committee, an update would be forthcoming. Minutes of the Regular Session of the Town Council 12/2/93 Page 2 of 12 #8.B. - Consideration of accepting and entering into an agreement with the Arizona State Land Department for an $8,000 tree planting program. Ms. Goodman, Parks and Recreation Director, had successfully leveraged a portion of the Heritage Fund money to receive an additional grant for a tree planting program. Staff recommended approval of the agreement. Vice Mayor Minarsich MOVED acceptance of the tree planting program agreement; SECONDED by Councilwoman Tibbetts and CARRIED unanimously. A.C. - Consideration of purchasing 428 tons of stabilizer red infield soil mixture in the amount of $16,298 for Golden Eagle Park baseball and softball fields. Mr. Nordin displayed samples of the recommended soil mixture and said staff recommended approval. Councilman Clark requested an explanation of a letter dated November 23 which said staff had decided to put these funds into material rather than labor. Mr. Nordin explained that Ms. Goodman and Randy Harrel and Tom Ward had chosen to place more of this product than originally planned and, therefore, the money was to be spent on material rather than labor with the Street Department performing additional labor as needed. He also said that the Golden Eagle Park landscape contract came in well under budget and some of that surplus might be used. Vice Mayor Minarsich MOVED approval of purchasing the infield soil mixture in the amount of $16,298; SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #8.D. - Consideration of awarding the bid for the purchase of Tot Lot equipment at Golden Eagle Park. Mr. Nordin said staff recommended that the award in the amount of $12,280.03 be awarded to Recreation Design Concepts. He said that the recommendation included the base bid and two alternates with additional material to be purchased from Landscape Structures; such additional purchases would not require Council approval. Councilman Lawrence MOVED approval; SECONDED by Councilwoman Tibbetts and CARRIED unanimously. #8.E. Notification of $10,000 grant award from the Department of Commerce for capital improvements. This award includes $5,000 for the Town of Fountain Hills Park Development Master Plan and $5,000 for consultant fees for the Civic Center study. Mr. Nordin said no action was required. Staff simply wanted to make Council aware of the grant and how it would be used. Mr. Harrel said it was stipulated that the money be used for a capital improvement program and the intention was to continue what was done two years ago with the 5-year plan in the areas of Parks and Recreation, civic center, and streets. He said the streets component would be mainly done with in-house staff. #8.F. - Consideration of awarding the contract for the Golden Eagle landscaping contract Mr. Nordin said some excellent bids were received, with the low bid of $5,432 submitted by DLC Resources, Inc. He said the amount was under budget by approximately $14,000 and staff recommended approval. Mayor Cutillo asked if 'other maintenance" referred to the sprinkler system and wondered what else was included. Mr. Harrel answered that the bid item pertained to everything not done on a weekly basis including fertilizing, pruning & trimming, and preparation of the irrigation heads. Mayor Cutillo MOVED to accept the contract for no more Minutes of the Regular Session of the Town Council 12/2/93 Page 3 of 12 than $5,432; SECONDED by Councilman Hudson and CARRIED unanimously. AGENDA ITEM #9. - CONSIDERATION OF THE MOTION MADE 11/18/93 AND TABLED TO 12/2/93 TO DENY PAYMENT OF THE LEGAL FEES OF CHARLIE FOX. Councilman Clark MOVED to remove the motion from the table. Councilman Lawrence SECONDED the motion and it CARRIED unanimously. Councilman Hudson MOVED to extend the time allowed to speak per person on this item to five minutes from three minutes. Vice Mayor Minarsich said when the Council is given a guest presentation, that speaker is not limited to the three -minute rule. He requested that same courtesy be given to Mr. Fox for his presentation. The motion was SECONDED by Councilman Clark and CARRIED unanimously. Councilman Clark requested clarification of the amount submitted by Mr. Fox for reimbursement, citing a $20,000 figure as reported by the paper for attorney's fees and the $7,800 amount requested from the Town. Mr. Fox stated that in May, he had approached the Town Attorney and the Town Manager to submit a proposal, that he had prepared, to the Council. He further stated that his proposal, in order to save the town the estimated cost of an $8,000 recall election, and based on the opinion of staff, that if a not guilty verdict was handed down that he would be entitled to reimbursement of attorney's fees. He said he had presented that proposal to staff to present to the Council and that he was trying to live up to his end of the agreement. Mr. John Evans asked why Mr. Fox thought he should receive preferential treatment when he was disregarding safety and the law in driving without headlights and was not performing a Council duty. Mr. Bill Tessmer, 17144 Rand, stated that he had spoken to Capt. Overton of the Sheriff's Office and was told that, contrary to what was said at a previous meeting, the Sheriff's Office did, in fact, respond to complaints of road obstructions. Mr. Tessmer also stated that he had talked to approximately 75 to 85 citizens who all opposed reimbursement of Mr. Fox's legal fees. He next questioned the $7,000-8,000 cost of a recall election and asked how that figure was arrived at. Vice Mayor Minarsich directed the question to staff. Town Clerk Cassie Hansen answered that the cost of the election would be approximately $4,000. Additional costs for publications and mailing required in recall elections would be an additional $2,000-$3,000. Vice Mayor Minarsich said he thought it was reprehensible that people in the community had made phone calls distorting the facts on Mr. Fox's case and his legal fees. Mr. Fox said that after reviewing all supporting paperwork, he felt it was clear that Mr. Sims, the attorney hired by the Town to provide the decision, had come to that decision based on job description. He read from Mr. Sim's report that the review had not led the law firm to believe that the Town clearly authorized or required Councilmembers to undertake conduct such as resulted in Mr. Fox's arrest. Mr. Fox wondered whether such conduct might not be clearly authorized, but be inferred. Mr. Fox paraphrased from Section 10 of Town Code to say that omitting to perform a duty or permitting a condition to be or exist which omission either obstructs or renders dangerous the free passage or use of any street or highway in the Town is Minutes of the Regular Session of the Town Council 12/2/93 Page 4 of 1. had, in fact, occurred, but the citizen became very in and couldn't attend. Mr. Fox stated that he requested the citizen to call some Councilmembers and relate to them what he had told Mr. Fox. Mr. Fox said the Council had been given opinions, both directly and indirectly, from three attorneys: Mr. Sims, the attorney providing the official decision denying payment; the City of Mesa attorney, in a letter dated November 27, stated that he was in agreement with Town of Fountain Hills' attorney, Mr. Farrell, that the charge arose from the Councilmember's official activities and that coverage would apply and should include reasonable attorney's fees; and the aforementioned Mr. Farrell. Mr. Fox closed his comments by requesting the matter be decided that evening. Vice Mayor Minarsich stated that he had been given the recall election figures which were, based on 1992 election costs and adjusted to include six precincts: $500--registers and rosters, $700-- election operation services, $600--county election services, $100--county election personnel, $2,400--election workers, $400--polling place rental, $800--ballot printing, and the major cost was $3,200--publicity pamphlets, printing and mailing costs, which all totaled $8,700. Councilman Lawrence stated that he had received a phone call from Mr. Wendell Sheerman who said he had planned to attend the Council meeting in response to Mr. Fox's request but that he had the flu and would not be able to attend. Mr. Sheerman told Councilman Lawrence that on the evening of Mr. Fox's arrest last November that he had been driving home in his white minivan and saw three campaign signs blow across the street in front of his vehicle. He said that he watched in his rearview mirror and saw the signs subsequently kicked up into the radiator of the white 4-wheel drive small utility vehicle driving behind him. Mr. Lowell Hamilton spoke on Mr. Fox's behalf and told of the countless unpaid hours Mr. Fox had donated to the town working on committees to incorporate the town and to better the town. He said he would like the Council to consider what he had said and to re-examine the charge and if they felt it appropriate, to vote to approve payment to Mr. Fox. Mr. Stan Connick, 11027 N. Pinto, also related various projects the Town had benefitted from that had been spearheaded by Mr. Fox and his many volunteer hours. Mr. Bob Travis, Chairman of the Fire Board, said he felt that, right or wrong, Mr. Fox had acted in the Town's best interests. He said that after what had happened with Mr. Fox and the Town, the Fire Department had instituted their own indemnification policy. Councilman Clark said although he agreed that Mr. Fox had good intentions with regard to the Town, the issue was, based on rules and laws, whether payment should be made. Mayor Cutillo said though the decision wasn't what he had hoped for, he felt the time had come to vote to deny payment. Vice Mayor Minarsich said he, too, had worked with Mr. Fox for a number of years and agreed with all who had spoken in his favor, but he said he felt that his personal feelings had to be put aside and he had to vote in accordance with the legal counsel given. Mayor Cutillo requested a roll call vote with the results as follow: Minutes of the Regular Session of the Town Council 12/2/93 Page 5 of 12 Councilman Clark aye Councilman Hudson aye Councilman Lawrence abstain Councilman O'Brien aye Councilwoman Tibbetts nay Vice Mayor Minarsich aye Mayor Cutillo aye The motion to deny payment CARRIED with five (5) aye votes to one (1) nay vote and one (1) abstention. Councilman Lawrence explained that he abstained due to the fact that Mr. Fox was an active member of the church of which he is pastor, and Mr. Fox's wife was director of the church preschool, putting Councilman Lawrence in a supervisory position over her, and he felt that due to their relationship, it would be inappropriate for him to vote. AGENDA ITEM #10. - PRESENTATION BY THE SUNSET KIWANIS ON POSSIBLE TOWN OWNERSHIP OF THE SUNSET KIWANIS BUILDING WITH A LEASE BACK ARRANGEMENT WITH THE SUNSET KIWANIS CLUB AND POSSIBLE DIRECTION TO STAFF FOR APPROPRIATE ACTION. Mr. Mike Chin said the organizational objectives of the Sunset Kiwanis were similar to those of the Town or any other business in the community: to increase revenue and reduce expenses. He said one major issue the Kiwanis dealt with each year at budget time was the ever-increasing property tax bill that went along with the property MCO made available to them. Mr. Chin introduced Mr. Bob Travis to make a presentation on the Kiwanis building history and their relationship with MCO. Mr. Travis said that what we knew as the Kiwanis building was owned by MCO and was, in 1985, the fire station. He said the station was abandoned and the Kiwanis thought it would be a good place to renovate and hold meetings, which they did with MCO's approval. He said that as the organization grew and renovations continued to be made to the building, they wanted to protect their interests and approached MCO with a plan requesting that the property be deeded over to them, which MCO agreed to. Deed restrictions on the property state the property could not be sold to a private individual and if the Kiwanis ceased to exist the property would be transferred to another non-profit organization, or ownership would revert back to MCO. After seven years, which would be in 1994, the property would become theirs with no restrictions and could then be sold, if that was their intention, which it was not. He said the facility was used for Little League, Scouts, CPR classes, and Community Theater, and Kiwanis sponsored Camp Kiwanis, the E.D.I.T.H. House, Secret Santa and Santa's Workshop, a food drive, the D.A.R.E. drugs program in the schools, a scholarship program and a handicapped youth summer program. He said there were many public facility users also. Minutes of the Regular Session of the Town Council 12/2/93 Page 6 of 12 Mr. Steve Tekesky, also of Kiwanis, said Kiwanis had come up with an option called a Facility Lease -Back Proposal. He said that lease -back options were done in many cities throughout the nation. In the City of Scottsdale, the Scottsdale Boys Club and Girls Club and the Jaycees were operating under that type of program where they leased their property to the City of Scottsdale who in turn leased it back to them with a long-term lease. He said that in that type of proposal, property management, maintenance, utilities, insurance and scheduling were the responsibility of the organization who leased back the building. He said the Kiwanis proposed to give a free and clear building to the town and the town would then lease it back to the Kiwanis, who would become the property manager of that building and be entirely responsible for the maintenance, utilities, scheduling and the insurance, creating no burden to the Town/taxpayers. The Kiwanis already had a property manager responsible for the scheduling and the maintenance was being taken care. Mr. Tekesky read a portion of the Five -Year Plan that said the Town had a lack of developed municipal facilities, the absence of which placed a severe limitation on scope and number of programs, activities and recreational opportunities. He said that the Kiwanis building, which was empty and idle a good portion of the time, could be used by the Town to help fill that void. The building was in a good central location and could be used for summer programs, as a senior activities program center, or could be part of a park setting, since there was land around the building where picnic tables could be placed. He said that, in summary, the building was getting more difficult to maintain due to the high taxes and tax structure and they could provide something to the Town and community if the Town could in turn provide something back to them. Councilman Clark asked the building size and what facilities were available inside the building. Mr. Tekesky answered that the building contained approximately 5000 square feet and consisted of adjoining rooms which could be opened into one room. There was a kitchen, a small room being used by ham radio equipment operators, and a large storage facility in the back where equipment was stored. The surrounding land totaled almost two acres and MCO would agree to let the wash area which the property abuts be acquired also. Vice Mayor Minarsich asked Mr. Nordin if there were any liability problems foreseen and he was told there was nothing out of the ordinary anticipated and the Kiwanis' current insurance could be continued. Mr. Nordin said staff had carried discussions with the Kiwanis to the point where their presentation could be given to the Council and if Council felt it appropriate to act, a motion should be made to direct Mr. Nordin and Mr. Farrell to prepare a draft contract for consideration. Vice Mayor Minarsich MOVED that Mr. Nordin and Mr. Farrell meet to prepare a draft contract for consideration of lease -back agreement with the Sunset Kiwanis and SECONDED by Councilwoman Tibbetts. Councilman O'Brien said he supported the agreement but he said he felt it could be a dangerous precedent to remove property from the tax rolls. Councilman Lawrence asked if the Kiwanis' maintenance of the property would be done voluntarily and Mr. Chin said that it would be. Mayor Cutillo told the Kiwanis that the current Council was receptive to this agreement, but the Kiwanis should be careful to have the agreement worded so as to protect and assure their continued use in the future. Councilman Clark asked how the rental fees for the facility would Minutes of the Regular Session of the Town Council 12/2/93 Page 7 of 12 be used and he was told it would be for facility maintenance. Motion CARRIED unanimously AGENDA ITEM #11. - CONSIDERATION OF ENTERING INTO A COOPERATIVE AGREEMENT WITH THE SCHOOL DISTRICT AND THE FOUNTAIN HILLS LITTLE LEAGUE FOR UPGRADES TO THE BALL FIELDS AT FOUR PEAKS SCHOOL AND/OR LIGHTING THE GOLDEN EAGLE PARK FIELDS. Mr. Nordin acknowledged Mr. Charlie Spencer and Mr. Nick Davis of Little League for the impressive contribution they had made in helping prepare the presentation before the Council. Mr. Nordin said the first item that needed to be addressed was whether Town funds should be put toward the Four Peaks facility and that staff did not feel that it was prudent to do so. He said the new Golden Eagle Park had two balls fields for which lighting had not been funded and it might best serve the Town to direct its lighting efforts toward one of those fields. Lighting Golden Eagle Park would require six light poles versus four at Four Peaks and the cost would be significantly greater, but the cost estimate was much more definite than Four Peaks'. The possibility of positioning the six poles so that a soccer field traversing two fields could also be illuminated was also being investigated. He said Mr. Dunne, School Superintendent, had informed him that the school had no funds available for any of the desired renovations to the Four Peaks fields, but they would continue to perform the minimal maintenance required. He said he felt that if the lighting were installed at Golden Eagle Park, the Town would have two lighted fields, even though one would be in substandard condition. He then said he wanted to make the Council aware of some potential problems. One problem would be scheduling since many different organizations wanted to sign up to use the facility as soon as it was available. These conflicts could be worked out, but would require patience from all involved. Another potential problem was that Little League needed a pitching mound, but Little League had indicated they would take care of installation of a portable mound, so that problem might be eliminated. Mr. Nordin said that it was recommended that a two -for -one matching program be instituted whereby the Town matched every dollar received with two additional dollars. He also said that though it looked very favorable that the Town would receive a Heritage grant very soon, he was not able at that time to guarantee that the money could be used for the matching funds purpose, but he would inform the Council if that circumstance changed. Councilwoman Tibbetts asked Mr. Nordin why Heritage funds could not be used when it was listed as part of the second phase improvement. Mr. Nordin responded that the grant was modeled after federal statutes which said matching funds could not be expended prior to the actual availability of the grant funds. He said though it looks as though the Town would receive a sizeable grant this year, the money would not available until March of 1994; therefore, money could not be spent prior to that date. On the date the funds became available, the money could then be spent on lighting or whatever was chosen, but it would be too late to fit into the Little League time frame. Vice Mayor Minarsich asked if it was correct that based on the value of the land, completing the Golden Eagle Park using Heritage grant money was not possible. Mr. Minutes of the Regular Session of the Town Council 12/2/93 Page 8 of 12 Nordin responded that it was correct. Vice Mayor Minarsich asked Deputy Bricklin of the Sheriff's Office to relate what might happen if 450 youths, aged 11 and older, were faced with the void created when Little League could no longer operate due to the lighting situation. Deputy Bricklin said he had no figures, but the Sheriff's Office was currently dealing with many problems involving high -school -aged children and that he would hate to see the problems reach the younger -aged children. He said the Town was portrayed as a family town and we needed to provide positive activities such as Little League or softball to help build family relationships. Four hundred fifty kids running around would cause the law enforcement community a problem and, in the long run, would probably cause the Town a problem. Marshal Gendler said he agreed with Deputy Bricklin. Councilman Clark said that he would like to see this project succeed, but with all the high priority financial decisions, such as the upcoming Fountain Hills Boulevard project, facing the Town in the coming years, there was no excess of funds. He said he was in favor of Councilman O'Brien's suggestion at the last council meeting to establishing a matching -funds concept. He asked Little League for their opinion. Mr. Spencer told the Council that he was a licensed general contractor and that he had offered to guarantee with payment performance bonds the cost of the lighting equipment and installation. He said that would allow the contractor's overhead fee and a contingency amount for cost overrun to be subtracted, saving the Town approximately $7,500 to $8,000 from the budget estimate. He said that amount in addition to the $10,000 pledged by The Chamber of Commerce totaled approximately $18,000. Vice Mayor Minarsich said that matching grants had been discussed but were found not to apply to this project. He said that the Fountain Hills Boulevard project had $544,298 in undesignated reserves that were recommended not to be used toward street construction and/or maintenance. The 1993-94 financial audit was recently completed and showed an additional amount of $130,000. He said if the lighting were approved, the Town would simply be spending that amount this year instead of next, and the Little League season would be saved. Vice Mayor Minarsich MOVED to enter into a cooperative agreement with the Fountain Hills Little League for upgrades to Golden Eagle Park for the lighting in the amount of $82,000 and that matching funds be accepted, but not required to proceed with the agreement. Motion was SECONDED by Councilman Lawrence. Councilman Clark MOVED to amend the motion to require matching funds; SECONDED by Councilman Hudson. Vice Mayor Minarsich requested clarification as to whether the $27,000 to be matched had to be on hand before construction could begin. Mr. Nordin said regarding Mr. Spencer's proposal, he felt the offer was very generous but needed to be discussed with Mr. Farrell before the Town could legally accept it and, therefore, he wanted to instruct the Council not to assume the Town would be able to take advantage of it. He then said that in order to meet the schedule, it would be necessary to proceed as soon as possible and since the matching funds weren't presently available, that could present a dilemma. Mayor Cutillo said that if the decision was not to proceed immediately and get things in place in time for the Little League season, then the Council was wasting their time. Minutes of the Regular Session of the Town Council 12/2/93 Page 9 of 12 He said the Council needed to make sure that if they wanted to see the field lighted, then they must take the appropriate action. Councilman O'Brien said he felt strongly about the matching funds concept and he suggested the Town put up the two thirds and leave the rest to be matched. Councilman Lawrence said the Tot Lot had just been accomplished through an effort spearheaded by Councilwoman Tibbetts and himself using the matching funds concept over a number of months. He said he didn't feel it was reasonable to expect people to again contribute to the same park to raise over twice as much money in a far shorter period of time. He said the need was immediate and the Town had funds available and he didn't feel it was right to expect people to be asked to donate again so soon. He said the Town had $80,000 that had been budgeted for legal fees to be used in an effort to acquire Chaparral City Water Company, which the Town had decided against attempting to do that fiscal year. He suggested allocating that money and doing the job now. Vice Mayor Minarsich said he was all in favor of matching funds, but he felt the public had donated all they could and he didn't feel the public should be involved every time the Town initiated a project in the park. He said he felt making the project contingent on public involvement would defeat the purpose and that the town had the funds available in contingency funds that should be used for that. He said it wouldn't be spending extra money, it would just be spending it ahead of schedule. Councilman Clark asked Vice Mayor Minarsich to explain how not using matching funds, which would cost the Town only fifty cents on the dollar, and spending the full amount did not mean the Town was spending more money. Vice Mayor Minarsich said it had already been established that the Town would not receive 50150 matching Heritage grant dollars. He then asked Mr. Nordin if the Town would be able to build out the entire park with matching Heritage funds. Mr. Nordin answered that based on the estimated $1.6 million cost estimate for Golden, it probably would not be possible to get $800,000 in Heritage grant matching funds. He said to his best recollection, there wasn't any organization with a single project that had collected anywhere near that much in Heritage funds. Councilman Clark MOVED to change his amendment to commit $57,000 toward the lighting with the remainder to be received from the community. The amendment was SECONDED by Councilman Hudson. Councilman Lawrence asked whether Councilman Clark was going to spearhead the community fundraiser. He said Little League would be attempting their own fundraising, so the Town would be attempting to raise funds at that same time, and right after having just done the same thing with the Tot Lot. He said he felt it would be prudent for the Council to allocate the funds to get the job done. Councilman Clark suggested that if each Little League player raised $25.00 that would be quite a bit of money. He also said that if the Town allocated the $80,000 necessary, there would be no incentive to get matching funds. Mr. Spencer said every child that was able to pay paid $55.00 and some families had two or three children playing. The Little League budget ran $25,000 per year, and the Little League raised that money each year with contributions from the private sector. The Kiwinians had told them that the money they made from the Art Fair and contributed to Little League would not be available that year due to the fair being rained out. Councilman Clark said the Kiwanis did have the Little Minutes of the Regular Session of the Town Council 12/2/93 Page 10 of 12 League in their budget and would continue to provide some support. The motion FAILED four (4) nay votes to three (3) aye votes. The original motion to appropriate $82,000 to install lighting at Golden Eagle ball field and accept contributions as they were made was voted on and PASSED six (6) aye votes to (1) nay vote. Councilman Clark said despite voting against the motion, he was not against Little League and wished to present $100.00 to the Little League effort. AGENDA ITEM #12. - PRESENTATION BY PAUL NORDIN OF THE FOUNTAIN HILLS BOULEVARD AND STREET MAINTENANCE FINANCIAL REPORT. Mayor Cutillo asked the Council if due to the late hour whether this agenda item should be postponed until the next meeting. The Council all agreed that the item was of extreme importance, but after much discussion, Vice Mayor Minarsich MOVED to table the item until the December 14 meeting. Motion was SECONDED by Mayor Cutillo and passed four (4) aye votes to three (3) nay votes. AGENDA ITEM #13. - 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.) Mary Wood said she thought it was a disservice to the public and was extremely rude to place an item on the agenda and then table it. AGENDA ITEM #14. - PURSUANT TO A.R.S. 38-431.03.A.7., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY. Councilman Hudson MOVED to go into the Executive Session. SECONDED by Vice Mayor Minarsich and CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 8:52 p.m. and went into the Executive Session. AGENDA ITEM #15. - RETURN TO REGULAR SESSION. Minutes of the Regular Session of the Town Council 12/2/93 Page 11 of 12 AGENDA ITEM #15. - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 10:37 p.m. AGENDA ITEM #16. - ADJOURNMENT. Councilman Lawrence made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 10:38 p.m. TOWN OF FOUNTAIN HILLS By: -L2� Jo tillo, Mayor ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: Rosalyn Rucker, Admuustrative Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 2nd day of December, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of January, 1994. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 12/2/93 Page 12 of 12