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HomeMy WebLinkAbout2002.1003.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
October 3,2002
Mayor Jon Beydler convened the regular session at 5:45 p.m.
AGENDA ITEM # 1 - PURSUANT TO A.R.S. ยง38-431.03.A.4, VOTE TO GO INTO EXECUTIVE SESSION
FOR: 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 REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN
PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN
ORDER TO AVOID OR RESOLVE LITIGATION, SPECIFICALLY WITH REGARDS TO SUPERIOR
COURT CASE NUMBER CV2002-016736 AND CAREFREE, CAVE CREEK VS.THE FAA.
Councilman Archambault MOVED to convene the executive session. Councilwoman Nicola SECONDED the
motion. The motion CARRIED unanimously. Mayor Beydler recessed the executive session at 6:28 p.m.
AGENDA ITEM#2-RETURN TO REGULAR SESSION
Mayor Beydler reconvened the regular session at 6:30 p.m.
Following the pledge to the flag and an invocation by Councilman John Kavanagh,roll call was taken:
ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon
Beydler, Vice Mayor Leesa Fraverd, and Councilpersons Kathleen Nicola, Mike Archambault, Rick Melendez,
Susan Ralphe, and John Kavanagh. Also present were Town Attorney Andrew McGuire, Town Manager Tim
Pickering,and Director of Administration/Town Clerk Cassie B. Hansen.
Vice Mayor Leesa Fraverd presented plaques of appreciation to Robert Howes(1996โ2002),Judy Dragiewicz
ikiw (1996โ2002), and Rod Mooney(1999โ2002)for their service on the Planning and Zoning Commission:
Mayor Beydler read the Consent Agenda(1 -9):
AGENDA ITEM # 1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF
SEPTEMBER 19 AND 24,2002.
AGENDA ITEM#2- CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE
FOUNTAIN HILLS CHAMBER OF COMMERCE FOR THE ANNUAL GREAT FAIR SCHEDULED
FOR FEBRUARY 21,22,AND 23,2003 FROM 10:00 A.M. TO 5:00 P.M.ON FRIDAY AND SATURDAY
AND FROM 8:00 A.M. TO 5:00 P.M. ON SUNDAY. THE EVENT WILL REQUIRE THE CLOSURE
OF THE AVENUE OF THE FOUNTAINS FROM SAGUARO BOULEVARD TO LA MONTANA AND
SAGUARO BOULEVARD FROM PARKVIEW AVENUE TO EL LAGO BOULEVARD BEGINNING
5:30 P.M. ON THURSDAY, FEBRUARY 20 AND ENDING 6:00 A.M. ON MONDAY, FEBRUARY 24,
2003.
AGENDA ITEM # 3 - CONSIDERATION OF RESOLUTION 2002-38 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF LOT 19,BLOCK 6,PLAT 431
(17418 E. EL PUEBLO BOULEVARD) AS RECORDED IN BOOK 151 OF MAPS, PAGE 43 RECORDS
OF MARICOPA COUNTY, ARIZONA. EA2002-17 (STIPULATION INCLUDED). GEORGE &
CHERYL DUBOIS
AGENDA ITEM # 4 - CONSIDERATION OF RESOLUTION 2002-39 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE NORTHEASTERLY PROPERTY LINE OF LOT 1, BLOCK 5,
PLAT 605D (11259 N. PINTO DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 15 RECORDS
OF MARICOPA COUNTY,ARIZONA - EA2002-19.BILL WOLFE
Town Council Meeting Minutes of 10-3-02 Page 1 of 4
AGENDA ITEM # 5 - CONSIDERATION OF RESOLUTION 2002-40 ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF LOT 23, BLOCK 3, PLAT
603C (15840 N. SYCAMORE DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 43 RECORDS
OF MARICOPA COUNTY,ARIZONA. EA2002-20. LINDA & GILBERT MOYER,JR.
AGENDA ITEM#6 - CONSIDERATION OF THE FINAL PLAT FOR THE 36-UNIT TOWN CENTER
CROSSING CONDOMINIUMS, LOCATED AT 16525 E. AVE. OF THE FOUNTAINS, AKA. TOWN
CENTER I FINAL PLAT,LOT 8, CASE NUMBER S2001-26.
AGENDA ITEM # 7 - CONSIDERATION OF THE FINAL PLAT FOR THE 26-UNIT VILLAS AT
FIREROCK CONDOMINIUMS, LOCATED AT FIREROCK COUNTRY CLUB FINAL PLAT,
PARCEL A-2, CASE NUMBER S2001-18.
AGENDA ITEM # 8 - CONSIDERATION OF APPROVING A CONTINUANCE OF EAGLE
MOUNTAIN PARCEL 10/11 TRACT G TO NOVEMBER 7,2002. CASE NUMBER S2001-27.
AGENDA ITEM#9- CONSIDERATION OF APPROVING AN INDEFINITE CONTINUANCE OF THE
DISCUSSION OF AN ETHICS POLICY FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW THE
TOWN MANAGER AND TOWN ATTORNEY SUFFICIENT TIME TO REVIEW THE VARIOUS
POLICIES SUGGESTED AT THE LAST MEETING,AND IDENTIFY COMPATIBILITY ISSUES WITH
THE PROPOSED POLICIES, THE TOWN CODE AND STATE STATUTE. (THIS ITEM WAS
CONTINUED FROM THE SEPTEMBER 5111 COUNCIL MEETING.)
Vice Mayor Fraverd MOVED to approve the consent agenda as read and Councilwoman Ralphe SECONDED
the motion.
Councilwoman Nicola commented that the Ethics Policy (Agenda Item #9) had been on the Council's agenda
continuously since June 6"'. She knew there were a number of constituents who were following this issue and
were hoping that the ethics policy implementation would help build public confidence in the Council. She stated
that she had discussed her concerns with the use of the term "indefinite" with the town manager. The town
manager had responded it would not be put off indefinitely as indicated in the agenda wording. The town
manager had assured her that he and the town attorney would be working diligently on this matter and would
bring something forward to the Council for discussion.
Councilman Archambault asked Mr. Pickering if the Council would be receiving updates in the town manager's
weekly report. Mr. Pickering replied progress updates could be provided. He explained the reasoning for the use
of the term"indefinite". He said staff would be researching this and additional council policies so it might take a
little longer. The motion CARRIED unanimously.
AGENDA ITEM # 10 - CONSIDERATION OF APPOINTING FOUR CITIZENS TO THE PLANNING
AND ZONING COMMISSION TO FILL THE VACANCIES CREATED BY EXPIRING TERMS.
Mayor Beydler MOVED to appoint Dennis Brown, Tony Woodrel, Avril Forest and Jerry Caldwell to fill the
vacancies on the Planning and Zoning Commission and Councilwoman Ralphe seconded the motion. The motion
CARRIED unanimously.
AGENDA ITEM # 11 - DISCUSSION WITH POSSIBLE ACTION ON ESTABLISHING DATES FOR
THE COUNCIL RETREAT.
Mr. Pickering pointed out that the citizens of Fountain Hills might not realize how much time the Council puts in.
He thanked the council members for their time that they basically volunteer to the community. Mr. Pickering
explained that the retreat was another volunteer project. This would be a two-day event and it would take quite a
bit of their time. He said he appreciated that the Council was making the effort to attend. Mr. Pickering
acknowledged that the retreat facilitator (George Cappannelli) was present. Mr. Pickering stated that staff had
worked very hard trying to establish dates compatible to all council members. He reviewed the dates available:
,,,,. December 19 and 20 or anytime during the week of January 6 through January 9. He concurred with the
consultant that the retreat should be a two-day event and that was what they were recommending. He emphasized
Town Council Meeting Minutes of 10-3-02 Page 2 of 4
that this retreat was very important to his success as town manager. Mr. Pickering said he needed the Council's
input on priorities for the Town.
Mayor Beydler asked if the December 19th and 20th dates were chosen, what would happen with the regular
Council meeting that was scheduled for December 19t. Mr. Pickering felt that since it was so close to the
holidays he would recommend that the December 19th meeting be cancelled unless there was something urgent
that needed the Council's attention. He proposed the other option would be that the meeting be moved to a
different night.
Councilwoman Ralphe stated she was available on any of the dates although the dates in January would be
preferable because of the holidays. Councilman Archambault said he would make himself available. He asked if
there would be conflict, as the budgeting process would begin in January. Mr. Pickering responded that might be
a good time because that was when he needed the Council's input to provide direction as to how the budget would
be laid out. He pointed out that some of the Council's priorities would obviously affect the budget. Although he
confirmed he would like the Council's input sooner,the January date would not be a bad time period.
Councilman Melendez said it would be helpful for the residents to know what type of costs were involved and
what the location would be. Mr. Pickering responded that the cost factor for the facilitator was zero. He
expressed appreciation to Mr. Cappannelli who had agreed to donate his time and waive his fee. The event would
be held at the Community Center.
Vice Mayor Fraverd expressed that she was discouraged that the Council was considering a January date for this
retreat. She pointed out that this Council will have been together for six months by then and they were just
getting started. She was not keen on the December 19 and 20 dates. Vice Mayor Fraverd said she would prefer
to try to work out two dates in October and November. She proposed that if there weren't two consecutive dates
available,perhaps that could work since the Council would be doing two completely different things on those two
days. She explained that on the first day the facilitator would try to help the Council work together and that was
something the Council could use assistance on now. Vice Mayor Fraverd suggested that the Council look at
earlier dates.
Mayor Beydler commented that he had been available every day that was brought up since June 6th forward. He
did not believe that there were any dates in October or November that were convenient for everyone. He
acknowledged that council members' schedules were accommodated so that everyone could participate. Mayor
Beydler asked Mr. Pickering to address the issue as to whether or not there was a time in October or November
that was agreeable to all. Mr. Pickering recognized the Council's frustration with trying to set the dates. He
stated his executive assistant shared their frustration as she has worked very hard in trying to set these dates. He
affirmed that October 25 was the one date in October when the entire Council was available. The next available
date was November 15. He pointed out that he had not verified those individual dates with the facilitator. Mr.
Pickering reiterated that back-to-back dates were preferred, which is what he and the facilitator were
recommending. He commented that he and the facilitator would have liked the retreat held earlier yet the reality
was there weren't consecutive dates when council members were available.
Vice Mayor Fraverd made the observation that all council members were available November 15 and 22. She
asked the facilitator to address those dates and make his recommendation. She asked if he saw a need for the
Council to move this retreat up time wise or did he think that the Council could make enough progress in January.
George Cappannelli, 15745 Ocotillo
He concurred that the work that this Council could do should be done as soon as possible. He stated the Town
and the Council would benefit enormously from the Council taking the opportunity to build stronger
relationships, make some critical agreements, and certainly set an agenda that the town manager could follow. He
preferred two consecutive days rather than two days a week apart. He felt that once a rhythm began, and the
Council was looking at solutions and strategies, that wonderful things could happen. This retreat would become a
very constructive, positive, and enlightening experience. If that rhythm were to be broken, he felt it would just
become a very long extended Council meeting that happened on two consecutive Fridays.
Councilman Melendez said he was available for the dates that Mr. Pickering mentioned. Mayor Beydler
concurred. Councilwoman Nicola stated she was available,as did Councilman Kavanagh.
Town Council Meeting Minutes of 10-3-02 Page 3 of 4
Vice Mayor Fraverd MOVED to establish January 6 and 7, 2003 as the Council retreat dates and Councilwoman
Ralphe seconded the motion. Mayor Beydler questioned if those were two of the dates that had been offered. Mr.
Pickering proposed a date change to Tuesday, January 7 and Wednesday, January 8. Vice Mayor Fraverd
amended her motion to reflect those dates and Councilwoman Ralphe agreed to change her second to concur with
the motion. The motion CARRIED unanimously.
AGENDA ITEM#12- CALL TO THE PUBLIC AND ADJOURNMENT.
Glen Kosierowski, 15704 E Cervantes Ct.
He talked about the divisiveness of this Council. He called for a resolution to be brought forward and adopted at
the next Council meeting. Whereas, if Jon Beydler in his role as Mayor of the Town of Fountain Hills were to be
found to be at fault for past or future personal actions, responsibility of that fault would be his alone and all costs
incurred by the Town would be reimbursed in full. This meant that a personal transgression would not be the
financial obligation of the Town. There would not be any hindrance in the performance of his duties or
responsibilities. Only if personal actions were found to be at fault, would this resolution apply. He stated that
citizens should not be concerned about a financial burden that was not theirs. He felt this would facilitate open
and honest government,free of coercion or reprisals, and would eliminate any doubt about this administration and
their commitment to improve the quality of life. He said Councilwoman Nicola had the responsibility to bring
this resolution forward at the next Council meeting. He felt by doing so, the Council could assure citizens that
this Council would be a viable administration that was free of personal reprisals. He requested that Vice Mayor
Fraverd assist Councilwoman Nicola in bringing this resolution forward for discussion. He stated that at this
crucial time in the Town's history, action and reassurance were needed. He asked the town attorney to forward
his written information to Councilwoman Nicola.
Cynthia Bonomolo, 15809 E. Cholla Dr.
She concurred that this Council needed mediation sooner than January. She reminisced about the July 4th
Celebration when Mayor Beydler and Sheriff Arpaio graciously acknowledged each other. She wished they had
done so again at the September 11 Memorial.
Councilman Archambault MOVED to adjourn the meeting and Councilman Melendez SECONDED the motion.
The motion CARRIED unanimously. Mayor Beydler adjourned the meeting at 7:03 p.m.
TOWN OF FOUNTAIN HILLS
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ATTEST: a,44,4....N4licam/
Cassie B. Hansen,
Director of Administration/Town Clerk
PREPARED BY: &a-6LT
Bev Bender, Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive
Meeting held by the Town Council of Fountain Hills on the 3rd day of October 2002. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 17th day of October 2002.
(IL
Cassie B. Hansen, Director of Administration/Town Clerk
Town Council Meeting Minutes of 10-3-02 Page 4 of 4