HomeMy WebLinkAbout2003.0624.TCSEM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
JUNE 24,2003
Mayor Nichols called the meeting to order at 6:05 p.m.
AGENDA ITEM #1 - PURSUANT TO A.R.S. 38-431.03.A.7, FOR DISCUSSIONS OR
CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER
TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING
NEGOTIATIONS FOR THE PURCHASE, SALE OR LEASE OF REAL PROPERTY.
(SPECIFICALLY, THE TOWN HALL LEASE).
Councilman Archambault MOVED to convene the Executive Session and Councilwoman Stevens SECONDED
the motion, which CARRIED UNANIMOUSLY.
AGENDA ITEM#2-RETURN TO SPECIAL SESSION.
ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council:
Councilman Archambault, Mayor Nichols, Councilwoman Stevens, Councilman Kavanagh, Councilman
Melendez, Councilwoman Nicola, Vice Mayor Ralphe. Town Attorney Andrew McGuire, Town Manager Tim
Pickering and Bevelyn Bender,Town Clerk, were also present.
AGENDA ITEM #3 — DISCUSSION AND CONSIDERATION OF THE PROPOSED COUNCIL
POLICIES AND PROCEDURES.
Mayor Nichols stated that the purpose of the meeting was to discuss policies and procedures relative to
conducting Town of Fountain Hills Council meetings. He noted that this issue was previously discussed at a
Work Study Session and indicated his intention to conduct the meeting within the two-hour proposed timeframe
(6 p.m. to 8 p.m.) He requested that Town Manager Tim Pickering provide background information relative to
this issue and bring the Council up to date on any new information that was now available.
Mr. Pickering addressed the Council relative to this agenda item and stated that when he first began serving in
the capacity of Town Manager, it came to his attention that the Town did not have in place a very clear manual
or guidelines relative to Council Policies and Procedures. He commented on the fact that the process was both
technical and tedious but also emphasized the importance of having clear-cut, concise and consistent policies in
place in order to obtain the most effective, efficient results. He noted that during previous discussions,members
of the Council provided input on issues they were interested in pursuing and/or clarifying and raised specific
questions relative to Code sections and future items of discussion.
Mr. Pickering referred to a copy of a revised list of Council Policies and Procedures that was distributed to the
Council (copy of file in the Clerk's office) and said that in some of those areas, the Town Attorney, Andrew
McGuire, was able to "craft" language that reflected the revisions that were agreed upon by the Council at the
last workshop. He added that additions appeared double underlined and deletions were lined out. He also
referred to copies of a memorandum dated June 24, 2003,which he distributed to the members and noted that his
report contained 19 different points of clarification. He added the opinion that the 19 items represented all of
the outstanding issues and said it was his hope that they could discuss and address all of the items during this
meeting. He noted that the report followed the order of the "Table of Contents" for the Town Council Rules of
Procedure and added that he needed clarification from members of the Council regarding a few of those items.
He noted that following discussion and hopefully reaching consensus regarding the items, this matter would be
placed on the agenda of a future Council meeting for consideration and action.
Discussion ensued relative to the best manner in which to proceed, the importance of attempting to reach
consensus on the various items and requesting additional information relative to issues that required same; the
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fact that the Council's final vote on these items will be cast at a future Regular Council meeting; and the fact
that the Mayor could decide which method of voting would be used(motion,raised hands,roll call vote, etc.)
Mr. Pickering advised that the first item to be discussed, Item#1, Page 2, Section 2.3, Consent Agenda, had to
do with whether a member of the public should be allowed to remove an item from the consent agenda. He
reported that Staffs opinion was that the public should be allowed to remove a consent agenda item at the
Council meeting. He added that although the Council meeting was a business meeting of the Council, members
of the public had no way of knowing why an item or items had been placed on the consent agenda.
Councilman Archambault said that he had never seen a member of the public "pull" an item off of the consent
agenda and asked what mechanism would be put in place to allow the public to do so.
Mr. McGuire stated the opinion that much had to do with how the matter came before the Council and explained
that if the item went to the Mayor beforehand and a request was made to the Mayor that the item be removed for
discussion purposes, then a statement could be made prior to the reading of the consent agenda that a certain
item would be removed. He added that if the request was submitted to the Town Clerk Bev Bender at the
meeting, without any prior notice, she could still pass that request/comment on to the Mayor. Mr. McGuire said
that he believed it was very important to provide citizens an opportunity to speak to items of concern and pose
questions relative to issues included on the agenda. He spoke in support of avoiding any appearance of
"blocking public input" and reiterated that the Mayor should have the ability, all the way up until the time he
read through the items, to announce that a request had been received and certain item or items would be
removed from the consent agenda.
The Mayor said he would hope that citizens wishing to remove items from the consent agenda would indicate so
no later than Monday or Tuesday prior to the actual meeting rather than at the last minute so that the members of
the Council would be provided sufficient time to review the materials and address the citizen's specific question
and/or concern.
Mr. McGuire said that his only concern would be that many citizens did not read the meeting agendas until they
were actually present at the meeting. Mr. McGuire stated that he would like to leave this item up to the
discretion of the Mayor, if he was comfortable in moving in that direction, since different circumstances would
arise and the Mayor was the person in charge of running the meeting.
Mayor Nichols commented on the fact that there appeared to be consensus to allow this item to remain as is.
Mr. Pickering commented on Item#2 on Page 3, Section 3.1A. Regular Meetings. He explained that the issue
was should changing the date of a Council meeting require a majority of the Council. He said that Staff
believed that a majority of the Council needed to agree when they could meet, otherwise a meeting should not
be held. Discussion ensued relative to this issue and it was decided that Staff would remove the words "the
Mayor or by"and just leave the words "a majority of the Council;" and revise the wording in Item A from"All
regular meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the
Town Manager"to include the words "or Mayor."
In response to comments from Councilwoman Nicola, it was also determined (in that same section)that Item C.
Rescheduled Meetings would be combined with and made part of Item A with one revision,the word"vacation"
shall be deleted, since changes were made based on a variety of different reasons and not just vacations. (Only
A and B would be listed with changes as reflected above.)
Mr. Pickering, also as part of the discussion on Item#3 on Page 4, Section 3.4A, Regular Meetings, stated that
the issue related to whom should decide the time, date and location of work sessions and advised that current
regulations called for the Mayor or the Council to render that decision. He added that Staffs opinion was that
determining the time and date should be left up to the Council as their schedules determined whether a meeting
could be held. He added, however, that it might be helpful to allow the staff to determine the final location due
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to the need to check into rental openings at the community center, court use of the Council Chambers, and other
similar issues.
Discussion ensued relative to the importance of having some flexibility in this area and meeting all pertinent
Open Meeting Laws; the importance of remaining consistent while taking into consideration allowing for
maximum public access; and the fact that the Council's decision relative to 3.4A should be consistent with the
previous item and left up to the discretion of the Town Manager or Mayor.
Mr. Pickering referred to Item#4 on Page 6, Section 4.2A, Agenda Preparation. He explained that the issue
involved whether the Town's goal should be to have agendas made available to the public longer than 24 hours
in advance as draft procedures currently indicate. He advised that Staff believes the procedures could be
changed to state that agendas would be made available no less than 48 or 72 hours "except when exceptional
circumstances arise." He noted that Vice Mayor Raiphe raised this question and said that if there was reason to
hold a special meeting, the Council should have the flexibility to hold such a meeting and this addition would
allow that to occur.
Councilman Archambault indicated preference for the 48-hour time frame and stated the opinion that this would
allow sufficient time while a 72-hour cut off time might potentially inhibit someone from attempting to add
items to the agenda.
Vice Mayor Raiphe discussed research she conducted relative to this agenda item and stressed the importance of
serving the public and not having regulations in place regarding agendas that were "cast in stone." She said that
she called Mr. Bob Burns at The Times and asked if the agendas were published 72 hours in advance, on
Mondays,and there were some changes, additions or deletions made,whether those changes could be brought to
the attention of the public by the Wednesday edition of the paper. She reported that Mr. Burns advised that
although Monday by 3 p.m. would be better than 6:30 p.m., the paper could meet the deadline and make sure
that the changes/additions/etc. were published and brought to the attention of the public. She spoke in support
of publishing the agendas on Mondays rather than Wednesdays. She explained that the Council would receive
their agendas on Fridays, have the opportunity to review any changes they might like, and provide direction to
Staff on Monday relative to any agenda changes they would like to see made. She added the opinion that this
procedure would also prevent citizens from pressuring Staff relative to the placement of items on the agenda at
the last moment.
Councilwoman Nicola commented on the fact that the proposal might place additional pressure on Staff and
questioned whether it would be better to allow Staff to provide the Town Council with a draft copy of the
agenda on Wednesdays.
Mr. Pickering responded that he believed the placement of a deadline relative to agenda revisions was a good
idea and added the opinion that requests for last minute agenda changes were inappropriate and oftentimes
confusing to the citizens. He indicated support for a set Monday 3 p.m. agenda deadline(72 hours in advance of
the meeting).
Discussion ensued relative to the importance of agreeing on a specific agenda deadline date; the possibility of
setting a specific hourly deadline (72 hours prior) rather than stating by Mondays at 3 p.m.; the fact that the
proposed concept was a good one (72 to 75 hours prior) but should allow for some exceptional circumstances;
the benefits of providing the Town Manager some flexibility in this area; scheduling a Work Session during
August or September for the purpose of discussing the formation of a Public Safety Commission and the fact
that at the end of Town Council meetings, when discussion occured relative to ensuing meetings, the scheduling
of meetings such as this could occur; and State statutes and policies relative to emergency meetings and the fact
that statutes change.
L Mr.Pickering discussed Item#5 on Page 6, Section 4.2 B.2. Agenda Preparation and said that the issue involved
whether an individual Councilmember could place an item on an agenda. He added that the Town's draft
procedures called for a future agenda item to be brought up at a preceding Council meeting of the whole. He
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reported that Staff believed that the current system of Councilmembers requesting future agenda items near the
end of Council meetings appeared to be working well and added that this process allowed Staff sufficient time to
research the topics properly, did not surprise other Councilmembers with new or undesirable topics and reduced
L. divisiveness.
Additional discussion ensued relative to allowing as much flexibility and equity as possible relative to the
placement of items of the agenda and the fact that when this area applied to the Council, the proposed
regulations were "tougher" (Page 6, Item 2, Submittal Process); a suggestion that if one Councilmember during
a meeting wanted to suggest an item, that the item be placed on the agenda unless a majority of the Council was
against that occurring; the Town of Avondale's procedures and Mr. McGuire's intention to develop similar
language relative to those procedures for the Town Council to consider; an opinion that current regulations
allowed one Councilmember to make a motion to place an item on an agenda although this had not been the case
and the fact that if other Councilmembers disagreed, they did not have to second the motion; the fact that the
Town Manager should decide whether research time be devoted to the items raised by the members of the
Council; divisive matters and advantages/disadvantages from the Town Manager's point of view relative to
Staff/research time and varying direction from the members of the Council.
Mr. Pickering stated the opinion that the current ordinance did not provide individual Councilmembers the
ability to place an item on the agenda at any time, but rather stated that they could "provide information"relative
to agendas. He added that previous policies might have allowed that to happen.
Councilman Kavanagh recommended that any Councilmember be allowed to place an item on an agenda for
discussion purposes only and then once the item came up at the meeting, if the full Council or a majority of the
Council decided to make it an action item,this was the process that should be followed.
Mr. McGuire commented that the proposal was similar to regulations in place in Avondale and reiterated his
intention to insert information into the proposed regulations relative to proceeding in this manner for the Council
L. to review and consider.
Mr. Pickering then discussed Item #6, Page 9, Section 5.2 Order of Business for Regular Meetings. He
informed the members of the Council that this issue related to how Action Items are "grouped" to the extent
possible and added that Staff felt that when items were placed on the agenda, such as zoning issues,that they be
placed along with other zoning related items,etc.
Councilwoman Stevens commented on the fact that although current agendas reflected the "together placement"
of all zoning issues per se, items such as simple text amendments did not need to be discussed during the
"premium time slot" and could instead be placed at the end of the agenda. She added that other more important
issues, such as the Town budget, should be placed at the beginning rather than end of the meetings and spoke in
support of improving the placement of items on the agenda.
Mr. Pickering commented that he had also received feedback from members of the Council relative to "getting
all of the Staff items out of the way" (such as zoning issues) so that Staff time could be freed up and Staff could
leave the meetings and go home.
Councilwoman Nicola noted that some members of Staff were paid on an hourly basis and overtime could add
up to large sums of money. She agreed that it would be a positive move to allow issues such as zoning matters
to be discussed up front so that Staff involved in matters such as that were then free to go home. She added the
opinion that issues such as the Town budget should be the subjects of a meeting all by themselves and not
combined with other agenda items.
Mayor Nichols spoke in support of improving the manner in which the agendas were prepared and ensuring that
better control was in place in terms of meeting times and length. He spoke in support of attempting to complete
the items on the agenda by 9:30 p.m. and said that moving in this manner would positively impact a number of
other areas.
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Discussion ensued relative to the fact that although a majority of Staff positions were salaried, some members
were paid on an hourly basis; the importance of addressing "hot topics" at the beginning of the meeting and
allowing individuals who had shown up at the meeting to provide input to address the comments and not have to
remain at the meeting for hours to present their views or placing "hot topics" that Staff knew would generate
significant discussion on separate agendas; the fact that the Mayor was working hard on the agenda process and
was attempting "scope" it down; and the fact that the Council concurred with the discussion that had taken place
regarding this item.
Councilman Archambault requested that they revisit Item 4.3, Distribution of Notices and Agendas, specifically
Item C, Amendments, and asked under what circumstances the Town Manager would change the agendas, as a
result of direction from Staff or the Council, and questioned also whether the 24-hour time period should be
changed to coincide with the previously discussed 72 to 75 hour time frame.
There was consensus among the Council that the proposed change be made in six separate areas, (1) Under 2.1
on Page 1, Agenda; (2) Under 4.2 on Page 6, A. Availability; (3) Under 4.2E on Page 8, Agenda Packets; (4)
Under 4.3A Copies on Page 8, Distribution of Notices and Agendas; (5) Under 4.3B Distribution on Page 8,
Distribution of Notices and Agendas and (6) Under 4.3C Amendments on Page 8, Distribution of Notices and
Agendas.
In response to concerns expressed by Councilwoman Stevens relative to the 72-hour time frame and the
Mayor/Town Manager's ability to "pull" an agenda item, Mr. Pickering explained that cases such as this would
fall under "exceptional circumstances" and the entire Council would be informed of this action. Discussion
ensued relative to the addition of a clause that would better define this issue.
Mr. Pickering referred to Item#7 on Page 10, Section 5.2E.1, Order of Business for Regular Meeting and said
that the issue involved whether the Council should allow speaker cards during the consideration of an item. He
discussed Staffs opinion that speaker cards should be collected before consideration of the agenda item and
noted that the intent of the Council meeting was to conduct Council business rather than provide residents an
opportunity to dispute remarks presented by previous speakers.
In response to a request for clarification, Mr. McGuire stated that currently Staff and applicant presentations
were made and questions were asked of both, public input was provided and Town Council discussion took
place.
Discussion ensued relative to the importance of limiting speaker time frames and controlling the meetings; the
possibility of allowing citizens to contact the Clerk's office if they required up to five minutes in which to
present their remarks and contacting the Town Manager if longer periods of time were being requested; the
possibility of placing the Call to the Public at the beginning of the meeting; allowing citizens up to three minutes
each to speak rather than five or more except in certain situations that warrant more time; speaker cards and a
suggestion from Councilman Kavanagh that citizens be allowed to submit cards as long as the topic was still
being discussed and the public comment portion of the item was still open; the fact that many citizens did not
make up their minds on issues until they had the opportunity to hear debate and the importance as well of
controlling and avoiding repetition and responses to various speakers' comments; the suggestion that as soon as
public comment ended and Council discussion began, speaker cards would no longer be accepted; requests to
"concede time" to other speakers and the fact that the Mayor ran the meeting and only he hd the authority and
discretion to grant such requests.
Mr. Pickering commented that it appeared that the consensus of the Council on this issue was that speaker cards
would be allowed to be submitted and accepted up until the time the public comment portion of the meeting
ended and the Council discussion portion began. He added that after a motion was made, and discussion
ensued, no additional speaker cards/comments from the public would be allowed. Mr. Pickering added that
citizens would be allowed three minutes in which to speak and could not "concede their time" or decide when
they would speak. He noted that these were issues that could be decided by the Mayor, who ran the meeting.
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Mayor Nichols also commented on speakers who wanted to readdress the Council and stated the opinion that
citizens should be limited to presenting their comments one time, one three minute speaker time should be
allowed per subject,and added that the time period could not be broken up into different speaking segments.
Councilman Kavanagh expressed concerns relative to E. Action Items, #3 on Page 10, the prohibition against
members of the Council discussing issues with members of the audience. He said that although it might be
inappropriate for "debate" to occur, "discussion" should be allowed. Mr. McGuire clarified that the Council
could discuss issues with Staff and request clarifications from Staff relative to the various issues. Councilman
Kavanagh suggested that a sentence be added that stated that nothing precluded discussion from occurring
between the members of the Town Council and Staff regarding the items.
Mayor Nichols stated that if Staff gave a report and there were other members of Staff present that members of
the Council might want to talk to, he believed it would then be appropriate for the Town Manager to ask
permission to call that Staff member forward or for the various Councilmembers to request permission to ask
those members of Staff to present input and/or respond to questions. He said that permission should come from
the Mayor for that action to occur and would allow the greatest measure of meeting control.
Mr. Pickering and members of the Council discussed Item#8, Page 11, Section 5.2 E.4, Order of Business for
Regular Meeting and discussed threats of political action and whether the use of abusive language should result
in a loss of speakers' time or removal from a meeting. Discussion ensued relative to difficulties associated with
enforcement, the difference between an actual "threat" involving harm versus threats to "recall" a
Councilmember or circulate petitions for or against an issue; the fact that everyone should request permission to
speak prior to presenting their remarks; the fact that requests should go through the Mayor; and Council
discussion and decisions relative to removing the sentence that read: "It is inappropriate to utilize a public
hearing or other Agenda item for the purpose of making political speeches, including threats of political action"
and disruptive action at meetings and the addition of a sentence to be drafted and included in this item that
would allow the Council the option of adjourning a meeting for five minutes should the Mayor determine that
Ly such action was appropriate.
Councilman Melendez proposed that increased law enforcement presence at each Council meeting was needed.
In response to questions from Councilman Melendez, Mr. Pickering noted that the Sergeant at Arms was
whoever was on duty at any particular meeting and the fact that Captain Penrose scheduled officers for the
meetings. He suggested if a meeting became disruptive that the Mayor could recess the meeting for five
minutes.
Councilwoman Nicola also requested that on Page 12, under Item F. Council Assessment and Review, that the
word "streamline" be revised to read, "improve." The members of the Council concurred with this
recommendation.
Mr. Pickering discussed Item #9 on Page 13, Section 5.2H, Order of Business for Regular Meetings and said
that the issue was whether language should be added to the Council's rules to allow the Town Manager to e-mail
the Council a summary from Council meetings, along with timeframes. He explained that the language would
provide assistance in determining accurate timeframes. The members of the Council also agreed with this
recommendation.
Mr. Pickering referred to Item#10 on Page 13, Section 5.2I.1, Order of business for Regular Meetings, and said
this related to clarification on directing the Town Manager to follow up on matters. Mr. Pickering commented
that Staff was not sure exactly what the Council was looking for on this item and asked for input.
In response to a question from Councilman Kavanagh, Mr. McGuire commented that although the Council
could respond to criticism directed at them during meetings, his opinion would be that the Council not respond
and adopt a policy to that effect. He noted that Avondale's policy was not to respond to items under Call to the
low Public and added that Staff was directed to follow up on the items and, if necessary, place them on a future
agenda. He stated the opinion that this policy limited unwanted debate and "bashing" and added that the Mayor
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could make a comment to the effect that it was the policy of the Council not to respond at that point in time to
comments received.
Councilman Kavanagh stated the opinion that he should be able to defend himself against unwarranted and
untrue statements that were made if he felt it appropriate at the time to do so. He added the opinion that it was
not right for members of the Council to sit quietly while they were being slandered and have members of the
audience witness a lack of response on their part to the allegations that were being made. He said he would like
to retain the right to respond to criticism.
Other members of the Council agreed with Councilman Kavanagh's comments and the Mayor stated that it was
the consensus of the Council to allow this item to remain unchanged. He also cautioned the Council to be
cautious and controlled in their responses to criticism, whether or not the comments were warranted.
Councilman Kavanagh agreed that they should follow State law or simply make a statement that they were not
allowed to respond to questions regarding the operations of government or issues raised and not even bring up
the matter that they would or could respond to criticism unless or until that became an issue and then a statement
could be made that the Council could in fact respond to criticism.
Councilwoman Nicola added that if a member wanted to respond to criticism directed at them, they might
confirm their intention with the Mayor and asked the Council to consider having the Mayor make a statement to
the effect that the Councilperson would respond; however,that would end the discussion and no more comments
could be made.
Discussion ensued relative to not responding to criticism until the person who had made the comments has
walked away from the podium in order to curtail further discussion.
Mr. Pickering discussed Item #11 on Page 13, Section 5.2I.3.c. Order of Business for Regular Meetings. He
4460 said that this was a request for clarification relative to placing citizen comments on a future agenda and asked
for additional input on this matter.
Discussion ensued relative to the fact that this issue was previously addressed under another agenda item and
there was no need for further discussion.
Mr. Pickering addressed Item#12, Page 14, Section 5.4 Work Session Meetings and said that he believed this
item had to do with clarifying the purpose of Work Sessions but requested additional input and direction from
the Council.
Councilman Archambault thanked Staff for placing this item on the list but indicated that his questions and
concerns had already been addressed.
Mr. Pickering commented on Item #13 on Page 15, Section 6.4B.1. Rules/Decorum/Order. He said that the
issue related to whether Councilmembers should be required to be recognized by the Presiding Officer. He
advised that the Presiding Officer was the person who ran the meeting and maintained decorum.
Discussion ensued relative to the fact that this issue was previously touched upon under another item.
Mr. Pickering discussed Item #14 on Page 16, Section 6.4C. Rules/Decorum/Order. He noted that the issue
involved adding steps to Enforcement of Decorum and said Staff believed that a "middle step" should be added
to adjourn a meeting and take a break.
Mr. Pickering advised that this issue had also been discussed and Staff would add the adjournment of a meeting
as a"middle step."
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Mr. Pickering commented on Item#15,Page 16, Section 6.6A.1. Addressing the Council. He said that the issue
involved members of the public addressing the Council only after being recognized by the Presiding Officer. He
explained that currently the Town Clerk recognized people coming forward to speak and asked whether the
language should be changed to state that the Presiding Officer and/or Town Clerk had that ability or leave it
unchanged. Brief discussion ensued relative to the fact that the Mayor actually recognized them now after the
Clerk called out their names and the Council decided that no changes would be made.
Councilwoman Nicola asked whether speakers wrote their addresses on the speakers' cards and asked that this
be added to the cards if they did not already contain a line for them to put in this information. She stated that
this would eliminate the need for them to state their address for the record. Discussion ensued relative to the
importance of having citizens state their names and addresses so the audience is aware as to whether the
speakers were or were not citizens of Fountain Hills. Councilman Kavanagh suggested that speakers include all
of the address information on the cards but when they approached the podium to speak, that they only provide
their names and City or Town in an effort to protect their privacy.
Mr. Pickering discussed Item#16, Page 17, Section 6.6B Addressing the Council and said this was to decide
whether the Council should hear pubic comment at the beginning or end of the meeting. He reported that Staff
believed the pubic comment should remain at the end of the meeting and stated the opinion that even well
meaning citizens could significantly affect the running of Council meetings.
Councilman Melendez said that Councilwoman Nicola had questioned when the agenda item Call to the Public
should occur. He said that at the last meeting he discussed the fact that he knew many young couples with
families who would like to participate in the meetings but because of the late hours and long agendas,they were
unable to do so. He requested that they discuss this issue and see if something positive could be done.
Councilwoman Nicola stated that in the past she suggested the inclusion of a one-minute Call to the Public for
items that were not on the agenda. She added that the placement of the time limit would provide citizens who
simply want to present a brief remark the opportunity to do so without significantly impacting the timing of the
meetings.
Councilman Kavanagh expressed the opinion that the Call to the Public should be placed on the agenda after the
approval of the Consent Agenda items. He commented on the fact that it was difficult to determine how long
the meetings would last and said he would be willing to place it at the beginning of the meeting to see how it
worked out.
Mayor Nichols stressed the importance of maintaining flexibility so that the Call to the Public could be placed at
either the beginning or the end of agendas.
Councilwoman Stevens said that she would support having the Call at the beginning of the meeting as well but
added that her only concern would be that some people might take advantage of the situation, speak at the
beginning of the meeting on an item and then speak later on during the discussion of that item for an additional
three minutes.
Mr. McGuire responded that this concern would be adequately addressed through the use of speaker cards and
pointed out that citizens would need to fill one out to talk under the Call to the Public and would be required to
list the item or issue on which they wanted to speak.
Additional discussion ensued relative to policies in effect in Avondale, the possibility of placing the Call to the
Public at the beginning of the meeting on a trial basis to gauge the effectiveness of this process; the importance
of maintaining flexibility so that if the process was determined not to be a positive one, the Call to the Public
could be placed at the end of the agenda once again; the fact that if the Council determined that the process was
440, being abused, it would be changed back; Mr. Pickering's personal experiences regarding this matter and
including the possibility of negative impacts on Council meetings; and difficulties associated with changing
back to the "old"process once the "new" process was in place.
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Councilwoman Nicola stressed the importance of making sure that citizens knew when they could speak and
that their remarks were time specific and limited so that it was a win-win situation for everyone involved.
,,, It was the consensus of the Council that the Call to the Public be placed at the beginning of the meeting but that
it could be moved to the end of the meeting, if necessary and/or determined to be appropriate by the Council.
Councilwoman Nicola said that during the evaluation period, she would suggest that a Call to the Public be
placed at both the beginning and the end of the meetings and then the Council could determine which worked
best and pull one or the other. Councilman Archambault proposed that it would be the Mayor who took control
of the meeting.
The Council agreed that the consensus change would be implemented on a trial basis in order to gauge its
success, speaker cards would be required to be filled out and citizens would be required to indicate the item on
which they intended to speak,and the fact that changes would become effective in August or September.
Mr. Pickering addressed Item#17, Page 17, Section 6.6B.4 Addressing the Council. He advised that the issue
was whether the term "employee" should include the Council when complaints were lodged against employees.
Mr. Pickering said that this would be difficult to enforce.
Discussion ensued among the members of the Council and it was determined that the above referenced Section,
specifically B.4,be eliminated from the Rules of Procedure(leaving only 1,2 and 3 in place).
Mr. Pickering discussed Item #18, Page 20, Section 6.6E.2b. Addressing the Council. He informed the
members of the Council that the issue was whether a Councilmember could wait to vote last and bypass his or
her voting turn. He noted that Staffs opinion was that language should be added to prohibit waiting until last to
vote and that votes continued to be rotated on an ongoing basis.
Mr. Pickering added that the question was previously raised regarding roll call votes and whether a
Councilmember could wait until the end to vote. He discussed the current policy and said that votes were
rotated every time. It was the consensus of the Council that the current rotating roll call vote procedure remain
in place. Councilman Kavanagh commented on the fact that the present policy stateed that if a voice vote was
called, any member of the Council could request that a roll call vote be taken and asked that this remain in place
as well. The members of the Council concurred.
Mr. Pickering discussed Item#19, Page 21, Section 7.7, Improper Use of Office for Personal Gain. He said the
issue was whether a Councilmember could accept a free cup of coffee. He added that Staffs opinion was that
language be added that lists any exemptions to improper use of the office for personal gain as listed under State
Statutes.
Brief discussion ensued between the Council and Mr. McGuire relative to the fact that State laws constantly
changed and the proposed recommendation, and the fact that referring to State Statutes in general rather than
specifically, was appropriate; reporting requirements; and appropriate reporting/reflection of that action and
conflicts of interest. Mr. McGuire clarified what the affects of abstaining could mean in terms of the outcome of
a vote. The Council concurred with Staffs recommendation relative to this agenda item.
AGENDA ITEM#4-SUMMARY OF COUNCIL DIRECTION BY TOWN MANAGER.
Mr. Pickering indicated his intention to utilize the input obtained from the members of the Council and make
appropriate revisions to the Council Policies and Procedures for their review in August. He thanked the
members of the Council for their suggestions and comments.
AGENDA ITEM#5- CALL TO THE PUBLIC.
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Councilwoman Nicola briefly discussed the Town of Fountain Hills Emergency Operations Plan and noted that
the plan was obsolete and that the emergency telephone contact listing had not been revised since July of 2000.
She discussed a recent conversation she had with a Mr. Tim Newville, Maricopa County's Emergency Services
cir Planner, who informed her that every incorporated municipality was required to have an Emergency Operations
Response Plan that was accurate and up to date in place. She noted that many of the names had changed and
asked that the entire plan be reviewed and updated as soon as possible for the Council's review and adoption.
She added that Mr. Newville would like to schedule an emergency drill so that the Town would be better
prepared in the event an emergency situation arose in the future.
Councilwoman Nicola also commented on Marshal Appreciation Day and said that support was being shown by
citizens, businesses and the community as a whole relative to the adoption of a Resolution as a symbol of
appreciation to all of the volunteers, employees, reserves, sworn officers, explorers, and everyone else who had
been involved in the Marshal's Department for all they had done and all they continued to do in the community.
She added that volunteers were willing to serve on a committee to get this "rolling" and stressed the importance
of planning a "family type affair" that would acknowledge all that had been done. She also spoke in support of
enhancing community awareness and requested that the Council adopt a resolution designating Marshal
Appreciation Day and offer whatever support was available to the citizens who were willing to work on this
important event.
Councilman Melendez said that at a future Work Study Session he would like to see an item placed on the
agenda relative to the Public Safety Commission and suggested that perhaps this item be addressed in August.
Discussion ensued relative to tying this item in with LEAP.
AGENDA ITEM#6—ADJOURNMENT/FUTURE ITEMS.
Councilman Kavanagh MOVED that the Council adjourn and Councilman Archambault SECONDED the
motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 8:01 p.m.
tilor The next meeting will be held on August 12, 2003. Mr. Pickering advised that the topic would either be
finances or the Public Safety Commission(law enforcement). The Mayor said that they Council might decide to
schedule two meetings and indicated his intention to meet with Mr. Pickering ative to various issues and
future agenda items. Mayor Nichols thanked the Council for their hard work an rofessional efforts.
TOW UN IN HILL
By:
ally N. ols, yor
ATTEST AND
PREPARED BY:
I
4(X(.&I'- fi'de,A
Bevelyn J.den r,Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special and
Executive Session held by the Town Council of Fountain Hills on the 24th day of June 2003. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 7th day of August 2003.
L
Bevelyn J. ende ,Town Clerk
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