Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout2002.0806.TCSEM.Minutes •
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
August 6,2002
Mayor Beydler called the meeting to order at 2:00 p.m.
ROLL CALL -Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon
Beydler, Vice Mayor Leesa Fraverd, and Councilmembers Kathleen Nicola, Michael Archambault, Susan Ralphe
and John Kavanagh. Councilman Rick Melendez arrived at approximately 2:10 p.m. Interim Town Manager
Sintra Hoffman and Director of Administration Town Clerk Cassie Hansen were also present.
AGENDA ITEM#1 - PURSUANT TO A.R.S. §38-431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION
FOR: DISCUSSION OR CONSIDERATION OF 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. 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 DISCUSS THE
FINAL DRAFT OF THE NEW TOWN MANAGER'S EMPLOYMENT CONTRACT AND REVIEW THE
RESPONSES TO THE TOWN ATTORNEY REQUEST FOR PROPOSAL.)
Councilman Kavanagh MOVED that the Council convene the executive session and Vice Mayor Fraverd
SECONDED the motion, which CARRIED unanimously.
AGENDA ITEM#2-RETURN TO SPECIAL SESSION.
Mayor Beydler recessed the executive session and reconvened the special session at 3:00 p.m.
AGENDA ITEM #3 - DISCUSSION AND POSSIBLE ACTION ON RATIFYING THE FINAL DRAFT OF
THE NEW TOWN MANAGER'S CONTRACT.
The Council reviewed the memo provided by Mr. Farrell regarding the employment agreement with Timothy
Pickering. In the memo, Mr. Farrell stated that Mr. Pickering had accepted the Council's last and final offer,
exact wording was being finalized and that Mr. Pickering had been asked to sign the agreement first, to be
followed by Council execution. Per Mr. Farrell's memo, Councilman Archambault MOVED to authorize and
direct the Mayor and the Town Attorney to accept and execute on behalf of the Town an employment agreement
with Mr. Timothy Pickering pursuant to the terms and conditions discussed by the Council in executive session
and the direction given to the Town Attorney in executive session regarding the employment agreement.
Councilwoman Ralphe SECONDED the motion.
Councilman Melendez requested clarification of the final terms of the contract since he had been unable to
attend the executive session of August 2. Mayor Beydler summarized the two primary points including the
terms of the relocation compensation (net to gross) and the escrow agreement(goes away if contract renewed in
2004). All interest goes to the Town. The Mayor said he believed the final offer tested Mr. Pickering's
commitment and was much like checkmate in the business world. He said Mr. Pickering would sign the
emailed copy of the agreement and was scheduled to start September 9th. The motion CARRIED unanimously.
Special and Executive Session August 6,2002
Page 1 of 3
•
AGENDA ITEM #4 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE
PROPOSALS FOR LEGAL SERVICES.
cy The Council discussed the merits of the selection committee process proposed by Interim Town Manager Hoffman
that included using attorneys from other jurisdictions and three council members. Mayor Beydler suggested having
Mr. Farrell draft some sort of statement for the attorneys to sign to insure that they had no conflict of interest with
regards to other clients or cases. Ms. Hoffman indicated that the attorneys she had in mind were all currently
employed by their respective municipalities and did not represent any other clients.
Councilwoman Nicola discussed the desirability of having a signed contract with the new town attorney and suggested
that staff compile job descriptions, salaries and contracts from other cities and towns for both attorney and prosecutor
services. She emphasized the need for better contracts. Councilman Kavanagh asked if the RFP had boxed the Town
into a particular length of contract and suggested that it should be the same as the town manager, through 2004.
Mayor Beydler suggested incorporating the terms and condition of the RFP into the contract. Councilwoman Ralphe
concurred with Councilwoman Nicola's suggestion to obtain information from other jurisdictions. Councilwoman
Nicola pointed out that in some municipalities the town attorneys provided prosecutor services as well.
Mayor Beydler proposed using two attorneys and three council members for the panel to bring three finalists forward
for Council consideration. He said this would be similar to the process used to select the judge and that had worked
well. Councilman Kavanagh stated that two attorneys could present a problem and that there should be a tiebreaker.
Councilwoman Nicola noted that the attorneys were a formality and re-emphasized the need for a job description.
Mayor Beydler stated that he did not want the attorneys to make the decision and that they should be there just to ask
technical questions. Councilman Kavanagh opposed having council members on the panel saying that it should be
either a technical or political process. Councilwoman Nicola suggested using the same format used for the town
manager selection process whereby all Council members participated to narrow down the field and interviewed in
executive session. The attorneys could be used for outside help. Mayor Beydler agreed saying the majority of the
Council had gotten them to this point and a majority could finish the job. Councilman Kavanagh said he did not feel
qualified to make this choice and that technical expertise was needed. Councilman Melendez concurred with using all
Council members and two attorneys. Councilman Kavanagh expressed concern that under that scenario the attorneys
would be put on the spot to critique each other's firms. Mayor Beydler said he felt that the Council, with legal
assistance, could do the job. Vice Mayor Fraverd supported letting the attorneys read through the proposals and
narrow the field. Ms. Hoffman pointed out that the technical panel would assess how each law firm would "fit" with
the Town. Mayor Beydler opposed abdicating their responsibility to unnamed attorneys. Councilman Kavanagh said
he wanted the Council to decide but the professionals to screen.
Mayor Beydler MOVED to have the seven council members and two attorneys participate in the interview process of
the six firms at a date convenient to all. SECONDED by Councilman Archambault. Councilman Kavanagh
MOVED TO AMEND the motion to have a screening committee of three whittle the field to two firms for the whole
Council to interview. SECONDED by Vice Mayor Fraverd. Councilman Archambault called for the vote. The
amended motion FAILED five to two. The original motion CARRIED five to two.
Possible interview dates were discussed. Councilman Kavanagh suggested 9/3/02. Mayor Beydler said he preferred
August 1561 but Councilman Kavanagh pointed out that the 15th was a court date. Ms. Hoffman suggested choosing
two dates as a starting point so she could determine the availability of the attorneys. She expressed concern that the
week of August 12th would be very short notice for most attorneys who would be donating their time to assist the
Town. Vice Mayor Fraverd said she would be out of town August 16 through September 1. Mayor Beydler stated
that he wanted the process to go forward in August. Ms. Hoffman said she would determine the availability of
attorneys August 12 — 14 and September 3 — 5 and work on compiling the information requested by Councilwoman
Nicola. Mayor Beydler suggested calling Cathy Connolly at the League regarding a standard contract for legal
services. Councilwoman Nicola commented that the League's contract was less than desirable. Ms. Hoffman
reiterated that choosing a new attorney for the town was very important and that all members of the Council should be
C, involved.
Special and Executive Session August 6,2002
Page 2 of 3
•
Councilwoman Ralphe requested that the Council meet before the mediation on Saturday to advise the attorney of the
Council's direction. Mayor Beydler stated that it was a management conference and that no deals would be made.
AGENDA ITEM#5-ADJOURNMENT.
Councilman Archambault MOVED that the Council adjourn and Councilman Kavanagh SECONDED the
motion,which CARRIED unanimously. The meeting adjourned at 3:40 p.m.
TOWN OF FOUNTAIN HILLS
By: / /II jilt
Jon Bey ler, or
ATTEST AND
PREPARED BY:
Cassie B. Hansen,
Director of Administration/Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special and
Executive Meeting held by the Town Council of Fountain Hills on the 6th day of August, 2002. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 15th day of August 2002.
CLL
Cassie B. Hansen,
Director of Administration/Town Clerk
Special and Executive Session August 6,2002
Page 3 of 3