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HomeMy WebLinkAbout1990.0405.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS TOM COUNCIL APRIL 5, 1990 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m., Thursday, April 5, 1990, in the Fountain Hills School District Administration Building located at 14605 N. Del Cambre Ave., Fountain Hills, Arizona. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Mike Minarsich and Councilmembers Harry Barber, Martil Lemieux and Charlie Fox. Councilman Joe Bill came in at approximately 6:33 p.m. Councilman Dick Haugen was absent. Also present were Town Manager Mike McNulty and Town Clerk Cassie Hansen. PLE2 DA ITEM #2 - AOCEPTANCE OF MARCH 8 22 AND 29 MEETING MINUTES Vice Mayor Minarsich made a MOTION to accept the minutes of March 8th, 22nd and 29th. SECONDED by Councilwoman Lemieux and CARRIED unanimously. ro- • r• co-• • o-• • - Mr. McNulty reported that he had received the plans and specs from the engineer and they should be ready to go to bid next week. The estimate is still around $10,000 to $11,000 to do the work. He also made reference to the memo he handed out to the council from the town attorney regarding what had to be done to join the library association. He said that notice of intent to do so had to be published in a local newspaper for three consecutive weeks prior to the council taking action. Acting on the belief that the council intends to join that district the town clerk would be getting that publication in next week's newspaper and be scheduling for the next appropriate council meeting. Mayor Cutillo asked if that would take an action from the council. Mr. McNulty replied that it wouldn't at this time, that we had to accomplish the publication first and then schedule for the council to act to approve. Councilman Fox asked if we had heard back from the state on when we would start receiving funds. Mr. McNulty replied that since certification had been received back about a week and a half ago, it should be in April. He said he would check on it. AGENDA ITEM 19 - RESOLUTION 1990-11 - CANVASSING THE VOTE OF THE PRIMARY ELECTION Vice Mayor Minarsich made a MOTION to accept Resolution 1990-11 (attached) as it reads. SECONDED by Councilwoman Lemieux and CARRIED unanimously. AGENDA ITEM #5 - RESOLUTION 1990-12 - NOTICE OF =4ERAL E1=ION Councilman Fox made a MOTION to accept Resolution 1990-12 (attached). SDOONDED by Councilwoman Lemieux and CARRIED unanimously. AGENDA ITEM #6 - APPROVAL OF LIQUOR LICENSE FOR FUZZY'S A BAR AND GRILL Vice Mayor Minarsich made a MOTION to accept the liquor license application from Minutes of the Town Council Page 1 of 4 Fuzzy's Bar and Grill. Mr. McNulty asked that the motion state approve instead of accept since that's what the council was doing. Vice Mayor Minarsich WITHDREW THE MOTION and made a new MOTION to approve accepting the liquor license application from Fuzzy's Bar and Grill. SECONDED by Councilman Fox and CARRIID unanimously. Mr. McNulty reported to the council that the application had been posted for the required 20 days and that no written protests had been filed. A('NDA ITEM #7 - MAKING ADJUSTMDff To INTERIM BUDGET Councilman Fox reported that the Finance Subcommittee had spoken to Mr. McNulty yesterday and that he had recommended waiting until the end of the interim period to make all adjustments to each line item at that time. Up until that point, each would be carried in either a positive or negative balance and all adjustments would be made at one time. Councilman Bill reported that the subcommittee went through a number of applications and selected five to be interviewed on Sunday the 8th. He said 3 are from Arizona and 3 are from out of state. He was able to contact 5 out of the 6, the 6th candidate was currently in England taking part in an exchange program. He went over Sunday's schedule: 9:00 a.m. to 10:30 a.m., tour of Fountain Hills in a rented bus, with councilmembers and councilmembers elect; noon to 4:00 p.m., interviews; 4:30 to 6:00 p.m., social hour, again with councilmembers and councilmembers elect. He suggested that the candidates be interviewed in teams and handed out a sheet assigning councilmembers to groups, explaining why he felt this method of interviewing would be desirable. Discussion then ensued as to whether interviewing in teams would be a violation of the open meeting law and Vice Mayor Minarsich stated his concerns over this. Reference was made to a memo by Town Attorney Farrell who recommended that the council interview as a whole group rather than subcommittees although he would not definitively state at this time that the subcommittee approach would be a violation of the open meeting law. Councilman Bill said the format could be changed if there were concerns by members of the council. Councilman Fox said that if the attorney could not come out in writing and state that the council was not in violation of the open meeting law by interviewing in this manner, he recommended that the council decide tonight not to interview in teams. Mayor Cutillo said there was nothing on the agenda to allow the council to vote on such a decision. Councilman Bill said the questions surrounding this issue needed to be resolved before Sunday because they don't want to be in violation but at the same time they want to structure it in such a way to be able identify the candidate that would be best for Fountain Hills at the end of the day and that somehow it needed to be worked out so that both goals could be accomplished. Vice Mayor Minarsich reiterated the desirability of having the attorney's opinion in writing. Mayor Cutillo expressed concern over lack of minutes and would someone have to be present in each group to take minutes. Mr. McNulty said the minutes from executive session are very broad and only need to record who was talked to and the purpose of the meeting. It was suggested that Councilman Bill get a handle on the legalities involved and keep the council apprised. Councilman Bill said it was unlikely that the candidate presently in England Minutes of the Town Council Page 2 of 4 would be able to make the interviews on Sunday and that he could either be chalked off the list or they could set up another executive session for some night next week. He said a third alternative was to add another candidate to the list, the next one being from Arizona so he would be able to make it on short notice. Vice Mayor Minarsich said he felt uncomfortable throwing someone out because he was notified on short notice and couldn't be reached because he was out of the country. He said he thinks the council is moving too fast if they do something like that and if this is a strong candidate, the council should try to work him into their schedule even if it requires taking an extra week to do SO. Councilman Bill suggested having an executive session next Thursday to interview the last candidate and to make a final decision as well. Bruce Hansen stated he felt it was unfair to bring in 1 candidate separately after all the others had been interviewed together. He said the last candidate has a definite advantage over the others. Ken Sparks agreed that it was an unfair selection process unless all were interviewed at the same time and said he felt things were being rushed. Councilman Bill said getting all the candidates and all the council together at the same time and place is a very difficult thing to accomplish and throwing one candidate out because he is out of the country was not a viable alternative, as the Vice Mayor had pointed out. He said he hopes the council will take into consideration the advantage afforded the singly interviewed candidate while they are making their decisions. AGENDA ITEM #9 - CERTIFICATES OF APPRECIATION FOR SUBCOM4ITIEE VOLUNTffi2S Vice Mayor Minarsich made a MOTION to award certificates of appreciation to all citizen subcommittee volunteers. SECONDED by Councilman Fox. It was understood that this would happen after the logo was chosen. The motion CARRIED unanimously. Councilman Bill suggested working toward someday choosing a volunteer of the year as well as recognizing all citizen volunteers. AGENDA ITEM #10 - VOTE To 00 INTO Ec7C[l'I'IVE SESSION StMAY, APRIL 8, 1990 Mr. McNulty told the council that they could adjourn an executive session to be continued at a later date and time so stated. Councilman Bill made a MOTION to schedule an executive session for Sunday, April 8th at 12:00 noon. SECONDED by Vice Mayor Minarsich. It was brought up that location needed to be included in the motion. Vice Mayor Minarsich and Councilman Bill WITHDREW THE MOTION AND THE SE7COND. Councilman Bill made a MOTION to schedule an executive session for 12:00 noon, Sunday, April 8th, at Town Hall. SECONDED by Vice Mayor Minarsich and CARRIED unanimously. AGENDA ITEM #11 -- WARRANTS TO BE PAID Vice Mayor Minarsich made a MOTION to pay the warrants attached. SECONDED by Councilman Bill. Mayor Cutillo told the public that the total warrants to be paid came to $3,609.65. The motion CARRIED unanimously. AGENDA ITEM #12 - CALL TO THE PUBLIC Stan West asked if a subcommittee had been formed to look into highway safety. He was told there was not a formal subcommittee that had been formed for that ,,. Minutes of the Town Council Page 3 of 4 purpose. Ken Sparks expressed concern at posting on a Friday. Mr. McNulty explained that the court case referred to posting on Saturdays and that Fridays are working days, hence, viable posting days. ADJOURNMENT - Councilman Fox made a MOTION to adjourn. SErX*GM by Councilman Bill and CARRIED unanimously. The meeting adjourned at 7:21 p.m. TOWN OF.t For,,v 7,7j, By: John .� o, Mayor ATTEST: Cassie v Cassie B. Hansen, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the Town Council of Fountain Hills held on the 5th day of April, 1990. I further certify that the meeting was duly called and that a quorum was present. DATED this 134- day of April, 1990. Cassie B. Hansen, Town Clerk Minutes of the Town Council Page 4 of 4