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HomeMy WebLinkAbout1990.0911.TCSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 11, 1990 A special session of the Fountain Hills Town Council, open to the public, was convened and called to order by Mayor John Cutillo at approximately 5:07 p.m., Tuesday, September 11, 1990 in the Fountain Hills Town Offices located at 16836 E. Palisades Blvd., Bldg. C, Fountain Hills, Arizona. ROLL CALL - Before taking roll call, the flag was pledged and an invocation was offered by Councilman Fox. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Wally Hudson and Councilmembers Frank Clark, Charlie Fox, Peg Tibbetts, Mike Minarsich and Bill O'Brien. Also present were Town Manager Paul Nordin, Director of Community Development Gary Jeppson and Town Clerk Cassie Hansen. AGENDA ITEM #2 - PRESENTATION BY JOHN J. DEBOLSKE, EXECUTIVE DIRECTOR OF THE LEAGUE OF ARIZONA CITIES AND TOWNS Mr. DeBolske began his presentation by explaining that every year he visits every city and town in the state that has had an election to tell the newly elected officials about the jobs they have just undertaken. Following a slide presentation on the League and it's functions, he spoke to the councilmembers on the job of the council, the job of the governing body of the town and how the league fits into the picture. He also gave his perspective on government as a seasoned beaueaucrat of 35 years. He handed out folders to the councilmembers which contained informational pamphlets. He explained that there are 2 types of local government structure, general law and charter cities and towns. General law cities and towns get there guidance from state statute which dictates what the local government can and cannot do. He spoke on the responsibilities of being a public official. Mr. DeBolske told the council about the different reports that the League puts out over the course of the year such as election manuals, wage and salary surveys, business license tax surveys as well as the seminars that they run. He spoke on the distribution of the state shared revenues and how it is figured. Mr. DeBolske then referred to the pamphlet titled "You as a Public Official" and reviewed the open meeting law and its requirements. He said this law applies to the governing body as a whole, to the committees as a whole, to the boards and commissions. He said a meeting is when a majority of the governing body, committee, board or commission, etc. gets together and starts talking business. He said the council meeting is the council's meeting - they will decide what the agenda is and when and if the public will be allowed to speak. According to Arizona law, the public does not have a right to speak at a council meeting unless the council gives them that right. The only time they do have a right is at a public hearing and the council can still limit the time and the number of people that talk. He then discussed executive sessions and said that individuals have the right to deny permission to be discussed in executive session and demand to be discussed in open meeting ie. candidates for ,job positions. Individuals must be notified 24 hours in advance of the council's intent to discuss them in executive session. Other aspects of executive session were discussed including Minutes of the Town Council 9/11/90 Page 1 of 3 minutes, taping and the privacy requirements. An individual who reveals something that happened in exective session and damages somebody as a result is subject to civil and criminal law suits. Mr. DeBolske discussed conflict of interest and said it was almost impossible for a person to sit on a council and never have a conflict of interest. He explained the process that is required if someone has a conflict of interest in a matter before the council. He defined having a substantial interest as being anything that is not remote. If a councilmember can be defined as a member of a class, there generally is not a conflict of interest. He advised if there was any question as to whether a conflict of interest existed, to get an opinion from the attorney in writing. He said the job of the council was to act as the policy body of this unit of government and that as the governing body, they would have to decide what is policy and what is administration. He said it was important to develop a long range plan to get the best out of the system and decide what the priorities of the council for the town were. AGENDA ITEM #3 — APPROVING THE ADDENDUM TO THE COOPERATIVE AGREEMENT BETWEEN THE COUNTY AND THE TOWN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Mr. Jeppson explained that approving the addendum was a necessity to stay a part of the Grant Program due to additional requirements of the County by HUD. Mayor Cutillo made a MOTION to accept the addendum as written. SECONDED by Councilman Fox and CARRIED unanimously. AGENDA ITEM #4 — VOTE TO GO INTO EXECUTIVE SESSION Councilman Clark made a MOTION to go into executive session. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #5 — GO INTO EXECUTIVE SESSION At 7:07 p.m., Mayor Cutillo recessed the special session for a short break before going into executive session to interview candidates for the Planning and Zoning Commission. AGENDA ITEM #6 — RETURN TO SPECIAL SESSION The council reconvened the special session at approximately 9:47 p.m. AGENDA ITEM #7 — APPOINT THE PLANNING AND ZONING COMMISSION A second roll call was requested and present were: Mayor Cutillo and Councilmembers O'Brien, Hudson, Clark, 11inarsich, Fox and Tibbetts. Councilman Minarsich made a MOTION to appoint to the Planning and Zoning Commission the following seven people: Loras Rauch, Robert Thomas, Stan Connick, Paul Slater, John Pucetas, Terry Oester and Ken Breting. SECONDED by Councilman Clark and CARRIED unanimously. Minutes of the Town Council 9/11/90 Page 2 of 3 AGENDA ITEM #8 — ADJOURNMENT Councilman Hudson made a MOTION to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The council adjourned at approximately 9:50 p.m. TOWN OF FO IN HILLS By: _ I A;?� Joh Cutillo, ayor ATTEST: \ Cassie Hansen, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the special meeting of the Town Council of Fountain Hills held on the llth day of September, 1990. I further certify that the meeting was duly called and held and that a quorum was present. DATED this q -�-k day of October, 1990. Cassie Hansen, Town Clerk Minutes of the Town Council 9/11/90 Page 3 of 3 Ic