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HomeMy WebLinkAbout1993.0617.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 17, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 5:40 p.m., Thursday, June 17, 1993, in the Fountain Hills Town Hall, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Councilwoman Tibbetts, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Bill O'Brien and Councilmembers Peg Tibbetts, Wally Hudson, Michael Minarsich, and Frank Clark. Also present were Town Manager Paul Nordin, Accountant Julie Ghetti, Director of Community Development Gary Jeppson, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Marshal Steve Gendler, Parks & Recreation Director Robin Goodman, and Administrative Assistant Marcia Jewett. AGENDA ITEM #2. - PURSUANT TO A.R.S. 38-431.03.A3 AND 38431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY: AND 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, RESPECTIVELY. Councilman Minarsich MOVED to go into Executive Session. SECONDED by Councilman Clark and CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 5:42 p.m. and the Council went into Executive Session. AGENDA ITEM #3. - RETURN TO REGULAR SESSION. The Council returned to Regular Session at 7:03 p.m. Mayor Cutillo read the consent agenda items which included: AGENDA ITEM #4. - CONSIDERATION OF THE MEETING MINUTES OF JUNE 1 AND 3, 1993 AGENDA ITEM #5. - CONSIDERATION OF THE SUNSET KIWANIS SPECIAL EVENT REOUEST FOR A DUATHLON ON SUNDAY, JUNE 27, 1993, FROM 6:00 A.M. TO 10:00 A.M. Minutes of the Regular Session of the Town Council 06/17/93 Page 1 of 5 , AGENDA ITEM #6. - CONSIDERATION OF THE CHAMBER OF COMMERCE REQUEST FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE SUMMER SIZZLER. THE EVENT, SCHEDULED TO BE HELD ON SATURDAY, JULY 10, 1993 FROM 6:00 P.M. TO MIDNIGHT, IS AN ANNUAL AWARD DINNER HELD AT THE CHURCH OF THE ASCENSION. AGENDA ITEM #7. - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY LIBRARY DISTRICT FOR LIBRARY SERVICES. AGENDA ITEM #8. - CONSIDERATION OF RESOLUTION 1993-17, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE REAR AND EAST LOT LINE OF LOT 19, BLOCK 2, OF PLAT 602-A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. AGENDA ITEM #9. - CONSIDERATION OF RESOLUTION 1993-18, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND DRAINAGE EASEMENTS AFFECTING ALONG THE EAST AND WEST LOT LINES OF LOTS 11, 12 AND 13, BLOCK 9, OF PLAT 203, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 29, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #10. - CONSIDERATION OF RESOLUTION 1993-19. ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 15, BLOCK 2, OF PLAT 505-C FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA; EXCEPT THE NORTHWESTERN ONE FOOT OF SAID EASEMENT; AND DECLARING AN EMERGENCY. AGENDA ITEM #11. - CONSIDERATION OF RESOLUTION 1993-20, APPROVING THE APPLICATION FOR HERITAGE GRANT FUNDS FOR GOLDEN EAGLE PARK. Mayor Cutillo asked for a motion to approve the consent agenda. Councilman Clark MOVED approval. SECONDED by Councilman Minarsich and CARRIED unanimously. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor O'Brien aye Councilman Hudson aye Councilman Minarsich aye Councilman Clark aye Councilwoman Tibbetts aye The roll call results were six (6) aye votes to zero (0) nay votes. AGENDA ITEM #12. - PUBLIC HEARING ON THE SPECIAL USE PERMIT SUBMITTED BY MARSHAL VARNER FOR AN OUTDOOR DISPLAY. Minutes of the Regular Session of the Town Council 06/17/93 Page 2 of 5 Mayor Cutillo called the public hearing open at 7:06 p.m. He asked for those in favor of or opposition to this request to speak. No one came forward. Mayor Cutillo closed the public hearing at approximately 7:07 p.m. AGENDA ITEM #13. - CONSIDERATION OF THE SPECIAL USE PERMIT REQUESTED BY MARSHALL VARNER FOR AN OUTDOOR DISPLAY. Councilman Minarsich MOVED approval of the special use permit requested by Marshall Varner for an outdoor display. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #14. - CONSIDERATION OF THE CONTRACT WITH THE MARICOPA COUNTY SHERIFF'S DEPARTMENT FOR POLICE PROTECTION SERVICES FOR THE TOWN OF FOUNTAIN HILLS, FY 93/94. Mr. Nordin said the proposed agreement included an approximate annual increase of $6,000 and staff recommended approval of the contract. Councilman Hudson asked if the references to beats remained the same and Mr. Nordin said it did. Councilman Clark asked if the number of beats were discussed and Mr. Nordin said it was discussed at great length and felt 2.0 beats should be funded. Mayor Cutillo said he, Mr. Nordin and one of the captains had an informal meeting to discuss the contract. Mayor Cutillo MOVED acceptance of the contract for the Maricopa County Sheriff's Department for police protection for FY 93/94 as written. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #15. - CONSIDERATION OF CHANGE ORDER #2 TO THE COO & VAN LOO CONTRACT FOR GOLDEN EAGLE PARK WHICH AMENDS THE TERMS AND CONDITIONS OF THE CONTRACT TO INCLUDE INSPECTION SERVICES FOR AN AMOUNT NOT TO EXCEED $7,000. Mr. Nordin asked for authorization up to $7,000 to use Coo & Van Loo for inspection services for Golden Eagle Park. While primary inspection would be provided by in-house staff, Coo & Van Loo would supplement the in- house staff when their technical expertise and advise was needed. Mayor Cutillo MOVED to accept change order #2 for Coo & Van Loo not to exceed $7,000. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. AGENDA ITEM #16. - CONSIDERATION OF THE RE -APPOINTMENT OF MAGISTRATE STUART SHOOB FOR ANOTHER 2 YEAR TERM AND ESTABLISHING A SALARY FOR SAID TERM. Mayor Cutillo MOVED to reappoint Magistrate Stuart Shoob for two (2) years at an annual salary of $36,000. SECONDED by Councilman Hudson and CARRIED unanimously. AGENDA ITEM #17. - CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE VACANCY ON THE TOWN COUNCIL. Mayor Cutillo said Charlie Fox officially resigned from the Town Council on Tuesday. A replacement policy had been set and the nominees were interviewed, with their consent, in the Executive Session. Councilman Minarsich MOVED to nominate Don Lawrence for the citizen to fill the vacancy on the Town Council. SECONDED by Councilwoman Tibbetts. Vice Mayor O'Brien had nominated someone else but supported the nomination. Minutes of the Regular Session of the Town Council 06/17/93 Page 3 of 5 , Councilman Clark also nominated someone else but wanted to see a unanimous vote. The motion CARRIED unanimously. AGENDA ITEM #18. - REVIEW AND CONSIDERATION OF THE PROPOSED BUDGET FOR THE TOWN OF FOUNTAIN HILLS FOR THE 93/94 FISCAL YEAR. ALL ASPECTS OF REVENUES AND EXPENDITURES WILL BE DISCUSSED AND CONSIDERED. Building and Safety Department - Mr. Nordin said there was a sizeable decrease from last year which reflected the desire to rely less on outside consultants and hire a new staff person for the Community Development Department. He recommended approval of the budget as presented. Councilman Hudson MOVED approval of the Building and Safety Department budget. SECONDED by Vice Mayor O'Brien and CARRIED unanimously. Engineering Department - Mr. Nordin said the major change was to shift the financial burden from the bond fund to the general fund and the increase in salary was the result of the shift. Councilman Hudson MOVED approval. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Community Development Department - Mr. Nordin said the largest addition was the recommendation for a new associate planner which would result in a reduction in the contractual service line item from $41,000 to $0. Mayor Cutillo asked why there was an increase from $3,000 to $5,000 in the travel and conference expenses. Mr. Nordin said the primary reason was that it was budgeted for all commissioners to attend conferences and all expenses for a conference were included in the line item. Councilman Hudson MOVED approval of the Community Development budget. SECONDED by Councilman Minarsich and CARRIED unanimously. Parks and Recreation Department - Mr. Nordin said fourteen (14) programs were being added and the budget was approximately $6,000 lower then the revised estimate expected this fiscal year. Councilwoman Tibbetts asked if the Concert in the Park series expense amount included the new MCO rental schedule. Ms Goodman said it did not as the budget was put together before MCO's announcement. Councilwoman Tibbetts said that would increase the amount substantially and Ms Goodman concurred. Councilman Minarsich asked how many activities were held in the park and Ms Goodman said approximately five (5) programs, the greatest impact would be the Concert in the Park series. Mr. Nordin asked Ms Goodman how much additional fees would be for the activities in the park and Ms Goodman said she didn't know. Mayor Cutillo said an additional $2,000 per concert. Councilman Minarsich asked if it would be possible to move the concerts to Golden Eagle Park by spring of 1994 and Ms Goodman said that would be an alternative. Mayor Cutillo said MCO might reconsider the fee since the concerts were a function of the Town. Councilman Clark suggested if MCO insisted on charging the fee that the concerts should be delayed for a year and the $8,000 used in other areas. Mayor Cutillo asked what criteria was used to determine how much to charge individuals for the programs. Ms Goodman explained when developing a new program, all out-of-pocket expenses, supplies, and an instructor (excluding staff time) were included. The projected number of participants was considered and per participant cost was determined. Sometimes the program was supplemented and provided as a service by the Town. Mayor Cutillo said the Community Chorus would become members of the Civic Association and no longer be under the Parks & Recreation and would not be included in the budget There was a great deal of discussion in regard to the Concerts. Councilman Clark MOVED to delay this item until July 6th for staff to review and come back with a new recommendation. SECONDED by Councilman Hudson and CARRIED unanimously. Minutes of the Regular Session of the Town Council 06/17/93 Page 4 of 5 Town Marshal - Mr. Nordin said the largest expenditure was the Sheriff's contract. MCSO would be used for only one (1) of the large events instead of two (2) as was done in prior years. The increase was due to the additional position of Animal Control Officer and the purchase of two (2) additional vehicles. There was a great deal of discussion regarding the Animal Control Officer. Councilman Minarsich MOVED to accept the Marshal's Department budget as written. SECONDED by Councilwoman Tibbetts. Councilman Hudson said he was against taking on the animal control business and moved to AMEND the Marshal's budget to eliminate the Animal Control Officer and the duties thereof. For lack of a second the amended motion DIED. Mayor Cutillo asked if the additional administration costs were taken into consideration. Marshal Gendler said there was a computer program that covered the administration of animal control and volunteers would input the data The original motion CARRIED with five (5) aye votes to one (1) nay vote cast by Councilman Hudson. Grant Budget - Mr. Nordin recommended approval of the grant budget. Councilwoman Tibbetts MOVED approval of the grant budget as written. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM #19. - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) Mayor Cutillo made the call to the public. Erna Charles thanked the Council for their dedication and hard work. AGENDA ITEM #20. - ADJOURNMENT. Councilman Minarsich MOVED to adjourn. SECONDED by Councilman Clark and CARRIED unanimously. The Town Council adjourned at approximately 8:25 p.m. ATTEST: 6- Cassie B. Hansen, Town Clerk PREPARED BY: Marcia M. Jewett, Admin. Assist. CERTIFICATION TOWN OF FOUNT HILLS By: `5 #n M. Cutillo, Mayor I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 17th day of June, 1993. 1 further certify that the meeting was duly called and that a quorum was present. DATED this �'F'{`- day of July 1993. &"-,L t. � Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 06/17/93 Page 5of5�