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HomeMy WebLinkAbout1993.1104.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 4, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, November 4, 1993, in the Fountain Hills Town Hall Council Chambers, 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 Mike Minarsich and Councilmembers Peg Tibbetts, Bill O'Brien, Wally Hudson, Frank Clark, and Don Lawrence. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Town Engineer Randy Harrel. Mayor Cutillo read the consent agenda which included: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF SEPTEMBER 14 AND OCTOBER 7, 1993. AGENDA ITEM #3. - CONSIDERATION OF FINAL REPLAT OF LOT 18, BLOCK 5, FOUNTAIN HILLS, ARIZONA FINAL PLAT NO. 111, S93-24. AGENDA ITEM #4. - CONSIDERATION OF FINAL PLATS OF MIRAGE CONDOMINIUMS IX THRU XV, S93-17 THRU S93-23, BUT EXCLUDING XHI AGENDA ITEM #5. - CONSIDERATION OF RESOLUTION 1993-36, DESIGNATING THE ELECTION DATE AND PURPOSE OF ELECTION: DESIGNATING THE DEADLINE FOR VOTER REGISTRATION: AND DESIGNATING THE PLACE AND THE LAST DATE FOR CANDIDATES TO FILE NOMINATION PAPERS. Councilman Clark MOVED approval of the consent agenda, SECONDED by Vice Mayor Minarsich. A roll call vote was taken and the results were as follows: Mayor Cutillo aye Vice Mayor Minarsich aye Councilman Lawrence aye Councilwoman Tibbetts aye Councilman Clark aye Councilman Hudson aye Councilman O'Brien aye Minutes of the Regular Session of the Town Council 11/04/93 Page 1 of 12 took wording from other towns policies. The motion CARRIED unanimously. AGENDA ITEM #22. - CONSIDERATION OF REIMBURSING CHARLIE FOX FOR INCURRED LEGAL FEES. Mayor Cutillo to MOVED TO TABLE this agenda item until November 18, 1993. SECONDED by Councilman Hudson and CARRIED unanimously. AGENDA ITEM #23. - CALL TO THE PUBLIC AND ADJOURNMENT. Mayor Cutillo made a call to the public. No one came forward. Councilman Lawrence MOVED to adjourn. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The Town Council adjourned at approximately 9:10 p.m. TOWN OF FOUNTAIN HILLS By: hn M. Cutillo, Mayor ATTEST: Cassie B. Hansen, Town Clerk PREPARED BY: 1 Mhrcia M. Jewett CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Session Meeting held by the Town Council of Fountain Hills on the 7th day of October, 1993. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of November 1993. &A4c- Cassie B. Hansen, Town Clerk Minutes of the Regular and Executive Session of the Town Council 10/07/93 Page 6 of 6 The motion CARRIED unanimously. AGENDA ITEM #6. - PRESENTATION/REPORT BY MARICOPA COUNTY SHERIFF JOE ARPAIO. Sheriff Arpaio stated that in order to make room in jail, he was putting up tents to house the prisoners. Nine hundred prisoners were in the tents so far with a goal of 1000, and room in the desert for 1,000 more. Sheriff Arpaio said he was a strong advocate of posses and would like to expand them. Due to a shortage of manpower, he said he planned to use the posse to help fight crime and protect the safety of the people and their property. A Fountain Hills deputy had come up with an idea, Council Person on Patrol (C.O.P.), to invite all the council people to ride along with deputies. He said that riding along was the only way to really learn how posses work and that the offer was open to citizens around the county. The Sheriff next mentioned the Patterson murder case in Fountain Hills and said this case had been reopened. He said his office was going to try to solve the case but that it wouldn't be easy since it had been over two years. The only way it would be solved now would be by a tip, but solving it was a top priority. The Sheriff said his office tried to direct its resources. On Halloween they had 12 vehicles/deputies on patrol with no problems encountered He said that although people always think of gangs as being down on Van Buren Street, gangs were all over this community/county. About 300 gang members hang out at a North Scottsdale Taco Bell. He cautioned citizens to always watch out for gangs. The Sheriff said that drugs were also a problem everywhere. He has some innovative plans ahead to stop the drugs coming into the county because, he claimed, 70% of our crime is attributable to drugs. The gangs, the shootings, are because of a common denominator --drugs. He claimed 70% to 80% of the people in jail were involved with drugs. The Sheriff said we have the fourth largest jail in the country--5000 people. The Sheriff's office is about fifth or sixth largest in the country with 9200-square miles and a 90-million-dollar budget. He said he knew that people were angry and fed up with the violence and drive -by shootings and wanted something done. Sheriff Arpaio said that he wants the people to know he has an open-door policy. Councilman Hudson asked what the posse, with the additional manpower on the streets, would cost and how Fountain Hills would be affected. Sheriff Arpaio answered that the posse costs nothing --it's free --to anybody. He said the 1600 posse members volunteer their services; they buy their own guns, their own uniforms, their own cars, and their own gas. The Sheriff said that the posse is trained, not just taken off the streets. Ninety reserves and about 300 second man trainees have the uniforms and guns and the power under the constitution to make arrests when they're with a full-time deputy. Reserves are the same as a Minutes of the Regular Session of the Town Council 11/04/93 Page 2 of 12 full-time deputy. Although the papers have quoted him as saying he planned to fight gangs and drug traffickers, he wasn't sure what he was going to do with the posse. He said he had no plans to invade Fountain Hills with a posse because we have a good town marshal and our own posse. But if the town did have a big problem --then the Sheriff would be here with 400 jeeps, airplanes, etc., all at no cost. The posse would be used in about two months for a program to stop drug traffic. Sheriff Arpaio again brought up the subject of housing prisoners in tents, citing a failed 1991 bond issue that included a forty million dollar jail construction to house 1000 prisoners. He compared that forty -million -dollar cost to the eighty -thousand dollars his tent jails cost. He also mentioned that he had 52 more of these tents stored away, tents which were obtained from the military for free. Sheriff Arpaio stated that he believes we need to put more people in jail --if we had more people in jail, we wouldn't have the crime problem. Harry Grider, Cholla Dr., asked if the NAFTA program would help at all with drug trafficking. Sheriff Arpaio stated that Arizona was number two in the nation for drugs crossing the border from Mexico and that it was his feeling that if the border area were relaxed, Arizona would probably get more drugs coming across. Mary Pilarinos asked how legalizing drugs could affect us, with millions of dollars at stake now tied up in courts and other issues trying to actually prove that people are selling or producing or pushing drugs. The Sheriff responded that he was vehemently against legalized drugs, though he feared that someday it would happen. He said that many crimes occurred when someone was high on drugs. Vice Mayor Minarsich asked about the Sheriff's Office gang and drug prevention programs here and in Tucson. He mentioned that it had been shown that a program of heavy suppression decreased gang activity in the participating towns, but increased it in outlying towns. He asked about intervention prevention and education. Sheriff Arpaio responded that he believed in a curfew. If you have a curfew in one city, the kids circumvent it by going to another city without one, so they were working on a county -wide curfew which, hopefully, would be consistent with Fountain Hills' current curfew. He continued that there was the D.A.R.E. program that had been in existence for 20 years. He also mentioned that the city of Laveen had instituted a unique program, providing an in -school office for a deputy to use. The school children, having daily exposure to a deputy and the chance to talk to him one on one, get the chance to see that the deputies aren't so bad. The Sheriff finished by relating that he was recently asked about the relationship between television/movies/violence and crime. He admitted there may be some relationship, but there were a lot of killings where television wasn't even a consideration, so there were a lot of other reasons and problems. He said that people need to know that if they are going to do wrong, they are going to be punished. "Do the crime ... do the time." Mayor Cutillo skipped to Agenda Item #10 to allow Judge Shoob to present his report. AGENDA ITEM #10. - MONTHLY REPORT BY MAGISTRATE SHOOB. Magistrate Shoob said enforcement and receivables were up slightly during the past month. Minutes of the Regular Session of the Town Council 11/04/93 Page 3 of 12 Appropriate actions were being taken and the receivables were expected to drop by the next report. AGENDA ITEM #7 - REPORT BY MAYOR CUTILLO ON HIS MEETING WITH VICE PRESIDENT GORE REGARDING NAFTA. Mayor Cutillo reported that he had been invited to attend a meeting on NAFTA at the White House. Also in attendance were Vice President Gore; Bill Daley, Special Counsel to the President; Ron Brown, Secretary of Commerce; and Frederico Pena, Secretary of Transportation. Although it had taken a while for this administration to get behind NAFTA, they were solidly behind it now. He recited some statistics from a letter from President Clinton to reinforce why he felt NAFTA was good for us and the other border states. The big three automakers had reported that last year they sold or exported 1000 automobiles to Mexico with the 20% tariff on automobiles. If NAFTA was approved, they would expect to sell 60,000 cars the very next year. Though some jobs would be lost, others would be created in the area of export -related jobs, which were 14% higher than the national average wage throughout the country. He encouraged everyone to call their councilmembers and congressmen and encourage them to support NAFTA. He said the administration was looking at federal dollars to supply the infrastructure, which means additional employment. Harry Grider asked whether anyone besides the Vice President attended the meeting. Mayor Cutillo answered that there were 200 invitees from Texas, Tennessee and Arizona. AGENDA ITEM #8. - CONSIDERATION OF RESOLUTION 1993-37, SUPPORTING THE NORTH AMERICAN FREE TRADE AGREEMENT. Mayor Cutillo said that coincidental to his trip to Washington, he had received a letter from the governor asking for support of the resolution supporting NAFTA. The governor felt it was important for the state and the country. Mayor Cutillo MOVED to accept Resolution 1993-37 supporting NAFTA as written. SECONDED by Councilman Hudson. Mayor Cutillo asked if there was any further discussion. Councilman Clark requested to make an amendment to the motion to change the last paragraph to remove "full and unqualified support". He said he would be voting against it, therefore it was not full and unqualified. For the lack of a second, the motion FAILED. Councilman Clark said he would like to discuss NAFTA. He said he had a problem with NAFTA, and while he could appreciate Mayor Cutillo's comments concerning the auto industry in Detroit, he did not agree with it. He said he had seen this in the past and went along with it and encouraged people to support what turned out to be the exporting of American jobs and technology to other countries. It was done on the premise that when these people were able to support themselves, the exporting would cease. He said this country had turned from an industrial nation to a service industry information technology. Regarding the proposed effect on the auto industry, he said that it wasn't doing any better today than it was ten or fifteen years ago. He said he didn't see where NAFTA was going to buy jobs. Councilman Clark said Minutes of the Regular Session of the Town Council 11/04/93 Page 4 of 12 although the fact sheet was written with the intent of supporting NAFTA, it showed why it should be voted against. He added that he had spoken to both sides and that, although he was opposed to NAFTA, he knew there were people in town that favored it. If he did nothing more, he'd at least have one vote on the council representing that segment of town. Mayor Cutillo asked for further discussion. Vice Mayor Minarsich said he had to disagree with Councilman Clark on a couple of points. He felt the auto industry was in much better shape than it had been, primarily due to restructuring and increased production. Japanese car sales were down; U.S. car sales were up. He thought the primary force behind NAFTA was that the rest of the world was going to do this and we cannot practice isolationism He said we now live in a global economy and are continuing to grow into that economy, and if we don't do this, in the long run we're going to be hurt by it. Councilman O'Brien said he was not sure how he felt about NAFTA, but he did not feel good about using the time for the Town Council to be passing things that were helpful for governments elsewhere and on other levels. Mayor Cutillo answered that it was important to Fountain Hills --if it affected Arizona, it affected Fountain Hills. Marge Danielson said she was very much against NAFTA and that it would harm the U.S. She said it would cost billions of dollars to clean up the mess along the border and that our taxes would increase to make profits for the lost tariffs. She said the people in Canada didn't like NAFTA, and that our re -elections here would be just like Canada --none of the incumbents would be elected because people were tired of paying taxes and getting nothing in return. Vice Mayor Minarsich commented that Mexico had recently passed some of the most stringent air pollution and pollution laws in the world. Since they did not have the necessary technology, U.S. companies were in negotiations with Mexico to go down there, bringing billions of dollars into the U.S. Ms. Danielson asked who would pay for this. Vice Mayor Minarsich responded that the Mexican government would pay. Harry Grider said there were five volumes of NAFTA and asked if anyone in the administration claimed to have read them and/or understood them. He said he had read all of them and it was a lot of junk. He said it was drawn up by independent lobbyists --government employees. Four percent of NAFTA's income was Mexico's and the rest was the United States' and Canada's. He asked who would buy 60,000 cars when 5% of the people down there have all the money? He said that a healthy GNP should be around 20% and it was now up to 25%. The current average tariff rate was 5%, not far off from the 7% it was way back in 1973. It should be higher. When it was higher we paid no taxes and our country was healthy. So we've got enough free trade. Mayor Cutillo, referring to published literature in favor of NAFTA, said we want to compete for the high -paying, export -related jobs. He said this country was the highest and best productive country in the world and why were we afraid of Mexico whom we could out -produce at any time. He said that Japan was waiting to jump into Mexico and that it would be stupid to stand by and let other countries jump into that market. Kay Butler said it was important to look at history. She pointed out that our industrial base had been changing ever since the early fifties when the textile industry left New England and went to the Southern states for lower wages. This was necessary to compete with industry and low - wage countries. Then they moved to the Asian countries to be able to compete and stay in the Minutes of the Regular Session of the Town Council 11/04/93 Page 5 of 12 market. This has happened over and over again over a long period of time with a lot of different industries. The overriding reality was that our technology, coupled with world trade, had changed the face of the job market. If we ignored that fact, the developing countries would make this a very small world in a very short period of time. If we're not ready to compete with them and form our own trading block, we would be at a very distinct disadvantage. She said that illegal immigration would cease as Mexico lifted itself up. She said she belonged to United We Stand, but disagreed 100% with their attitude toward NAFTA. She said that Ross Perot and his son had asked for and received U.S. Commerce Department approval to establish a free -trade zone on 9600 acres that they own adjacent to the Ft. Worth airport and have had nothing but good things to say about NAFTA when applying for trade breaks. John Evoncho said it was almost impossible to buy goods made in the United States. That meant that all those jobs had left this country. The stock market was going up because goods made in Korea, Mexico or Japan are being sold here at high mark-up prices, producing big profits and increases in the stock market. This was not keeping the small people working. Mayor Cutillo said that NAFTA would allow us to export like everyone else exports to us, thereby leveling the playing field. Councilman Clark said he had been hearing that argument for 25 or 30 years and asked when it was going to start coming our way. The motion CARRIED with five (5) aye votes. Councilman Clark voted nay and Councilman O'Brien abstained. AGENDA ITEM #9. - REPORT BY COUNCILMAN HUDSON ON THE FIRST MEETING OF PEOPLE FOR A FAIR LEGAL SYSTEM. Councilman Hudson referred to the legislative session Senate Bill 1055 which had some effect on court liability laws in Arizona. The bill had passed easily in both the House and the Senate and the Governor had signed it. Many of the provisions had been stopped by the Trial Lawyers Association, some were being contested in court, and others were going to be subject to another referendum. There were petitions being circulated to do away with most everything that had been passed. He said that the insurance companies had a non-profit group called People For A Fair Legal System. He said People For A Fair Legal System were attempting to reorganize to put before the Legislature changes that would assist all of us, but more importantly, changes in our 1911 constitution. He'd been asked to serve on a steering committee for People For A Fair Legal System and had attended the first meeting Monday night. One chairman was Sen. John Green, President of the Senate and sponsor of the bill last year. William Jones was a co- chairman and the author of the bill. Henry Evans, also a co-chairman, was a former Democratic legislator and minority leader. He said Mark Killian had joined the group. Eleven state representatives had joined this group, among them David Schweikert and Lisa Graham, our two representatives. Four senators were on this committee, our Senator Ed Phillips among them. The intent of the group was to get 157,000 signatures for an initiative measure to be voted on a year from this November that will amend our 1911 constitution. He said that Arizona was one of two states that did not have some sort of a limit in accidental death. One of the proposed changes would be to set a limit. Two other sections of the constitution could be changed by changing "shall never" to "may". The people, through their representatives, could have some say and not have this part of the tort system governed by the 1911 constitution. Minutes of the Regular Session of the Town Council 11/04/93 Page 6 of 12 AGENDA ITEM #11. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION). #11.A. Consideration of the maintenance budget for Golden Eagle Park for the remainder of FY 93/94. Mr. Nordin said that the maintenance budget for Golden Eagle Park was $66,200 and that this money would come out of our contingency fund. The council had been provided with a maintenance budget detail list and he recommended approval in order to take care of the newly -constructed park. Vice Mayor Minarsich questioned why there was no reference to maintenance on the Tot Lot. Mr. Nordin said that since the Tot Lot goal had been met, funds would be made available. Councilman Clark then stated he didn't feel this was actually a maintenance budget but a combination of maintenance, equipment, and a little piece of Phase 2 which was being done ahead of schedule. He said he would like to see a true maintenance budget to have an idea of what to expect on an on -going basis for, in fact, maintenance. Vice Mayor Minarsich suggested subtracting the non -maintenance items to get the total maintenance budget. Mr Nordin said that on the budget page entitled Golden Eagle Park, there was a breakdown between contractual services, repairs and maintenance, supplies and service, capital expenditures, and that this would be the appropriate line item designations for the funds. The repairs and maintenance was broken down separately in the amount of about $45,600, along with other expenditures. Councilman Clark said he would have liked to have had the budget show an amount set for six months, then the figure could just be doubled to get an annual expense. Councilman Lawrence asked whether the field preparation expense of $10,000 was an annual expense or a one-time expense. Mr. Nordin responded that it was both. He explained that they wanted to do something a little nicer than originally planned and there was extra money in this year's maintenance budget to provide that initial application. Mayor Cutillo MOVED approval of the request for $66,200 for the Golden Eagle Park Maintenance Budget. SECONDED by Councilman Lawrence and CARRIED unanimously. #11.B. Presentation of the draft sidewalk policy/plan Mr. Nordin said staff had been negotiating with MCO on points previously discussed and the process was going well. He said the plan was to allow the draft plan to go to both the Planning and Zoning Commission and the Parks and Recreation Commission. Once they had reviewed it, the council would have one final review before requesting approval. Vice Mayor Minarsich asked whose responsibility it was to install the sidewalks in approved and existing subdivisions and if future sidewalks could be stipulated in the plat approval process. Mr. Harrel replied that the intention of this plan was not to dictate responsibility, but merely to design a plan to implement. Vice Mayor Minarsich said he'd like to see the plan implemented as soon as possible so responsibility could be determined. Mayor Cutillo said negotiations with MCO were ongoing to put a sidewalk around the park. Councilman Lawrence asked Mr. Harrel if he could identify future potential school sites so that as subdivisions come before the council, they would know that sidewalks were needed there and not have to go back later and put them in after the streets had already been laid. Mr. Harrel said that information would be relayed to them. He added that the Planning Department does copy the school board on all preliminary plats as they come in, and their input was welcome. Minutes of the Regular Session of the Town Council 11/04/93 Page 7 of 12 Sidewalks were shown in red on the plan to the existing school undeveloped sites and changes would be recommended as the sites are changed and new sites acquired. A meeting was pending with the school district concerning sidewalks leading to the high school for which money was budgeted this year. M.C. MAG approval of $72.000 award in Fiscal Year 1994 Federal highway grant funding for the "bike route bottleneck elimination project" on Saguaro Blvd. Mr. Harrel said there were two locations along Saguaro in the northbound sections where the bike lane was discontinuous. This project would widen the pavement out so that there would be room for a bike lane. Staff would do all the initial work of the design and survey; ADOT would review the plans, bid out the job and do the construction and inspection, etc. He said this was a very high matching -funds program--93% federal funds; 7% our funds. Anticipated construction was to begin in December of 1994. AGENDA ITEM #12. - CONSIDERATION OF ORDINANCE 93-21, AUTHORIZING CHANGE OF THE MAXIMUM SPEED LIMITS ON CERTAIN ROADS AND STREETS WITHIN THE TOWN OF FOUNTAIN HILLS IN ACCORDANCE WITH TOWN CODE CHAPTER 12, TRAFFIC, ARTICLE 12-2 TRAFFIC CONTROL, SECTION 12-2-2, TRAFFIC CONTROL DEVICES AND A.R.S. 28-703. Mr. Nordin stated that both Mr. Harrel and Town Attorney William Farrell had been working on this item in order to get all of the speed limits appropriately designated in the community and that this ordinance would accomplish that goal. Mr. Nordin recommended approval of the ordinance as presented. Councilman Clark asked what changes were being made from existing limits to the new proposed limits. Mr. Farrell responded that no changes were being made. The ordinance was necessary because, under state law, changing the statutory limit of 25 miles per hour on all roads requires proper designation of those changes. These changes must be predicated on engineering studies and traffic studies. The ordinance would add to the code those streets in the community which deviate from the standard presumptive speed limit of 25 miles per hour. Councilman O'Brien stated that he thought there were streets in his neighborhood not listed on the ordinance that deviated from the 25 mile -per -hour limit. Mr. Harrel said he would check on the information, and if it were so, be back before the Council with an amendment. Councilwoman Tibbetts questioned whether 25 miles per hour driving downhill on Palisades was a reasonable speed limit because driving downhill required the brakes to be applied continuously. Councilman Lawrence wanted to know if the stretch of road starting at El Sobrante curving down past Calaveras, in a residential area, and going past the school was properly marked for 30 miles per hour. Mr. Harrel answered that Del Cambre was a minor collector street on the side away from the school and that not much school traffic was generated on that street. He said that the 30-mile-per-hour speed limit had not had a street analysis on it, but that it was a carryover from the Road District. Councilman Clark mentioned the speed limit past the high school, but it was pointed out that the high school was on a four -lane road. Councilman Lawrence then requested that Mr. Harrel look into whether a 30 mile per hour speed was indeed a safe speed. Mr. Harrel Mjnutes of the Regular Session of the Town Council 11/04/93 Page 8 of 12 answered that he would, but mentioned that there were stop signs at Calaveras and El Sobrante where the children crossed the streets. Councilman Hudson MOVED that Ordinance 93-21 be adopted. SECONDED by Vice Mayor Minarsich and CARRIED unanimously. AGENDA ITEM #13. CONSIDERATION OF ADOPTING GUIDELINES FOR THE IMPLEMENTATION OF RESOLUTION 1993-35 OF THE TOWN OF FOUNTAIN HILLS CONCERNING INDEMNIFICATION. Mr. Farrell stated that when Resolution 1993-35 was adopted at the last council meeting, there were a number of questions raised as to how it would be implemented and what some of the provisions of the policy meant. He said he had constructed a series of six guidelines that might define or limit the application of that resolution. The first guideline was a time limit with Mr. Farrell suggesting none, because a person might not become aware of events leading up to a request until a significantly later period in time. The second was that the person seeking indemnification must clearly demonstrate the basis for which he/she became obligated. Third, he attempted to clarify the confidentiality provision placed in the resolution. He said that under state law, if you request a conflict of interest opinion, the information in that request was confidential, but that the subsequent report was not. Mr. Farrell felt there was a very good basis to go along with the state law in allowing the information to remain confidential. The fourth area covered cost, which was a legally -defined term primarily limited to jury fees, service of process costs, and was not intended to include such things as copying, travel time, or things of that nature. The fifth was the eligibility test, which stated that in order for a person to seek indemnity he must meet all three prongs of an eligibility test. These criteria state that the request must originate from a person acting in a manner in which the town has an interest, that the person is acting in a discharge of a duty imposed or authorized by law and that the person at all times acted in good faith. The sixth guideline was a set of six specific guidelines for which no indemnity would be provided, including: 1) When the judgment or verdict indicates the act of deliberate dishonesty or fraud; 2) If deliberate dishonesty or fraud was a material element; 3) Cause of action - when the person seeking indemnity has gained any personal profit or advantage that he was not legally entitled to; 4) When the cause of action or complaint was based upon or critical to the rendering or failure to render an opinion, consultation, or service if you were paid for that; 5) When the cause of action or complaint arises out of a willful violation of a penal statute or ordinance; 6) In criminal matters, be it an arrest, complaint or indictment, unless the act or omission giving rise to the arrest, complaint or indictment concerned an act which was authorized or required by the person's official duties and responsibilities. Mr. Farrell stated that the reason he put these in writing was to provide the attorney or person making the indemnity determination, or the person seeking indemnity, with guidelines as to what the council would consider on a request. Councilman Hudson asked if "a person acting in a manner in which the town has an interest" included volunteers. Mr. Farrell answered yes, if something occurred while the volunteer was on volunteer duty and not on a personal activity. Councilman Hudson then requested clarification of the statement "duty imposed by law". Mr. Farrell responded that this was town code or state law. You must be doing a duty which was authorized or required by your position --acting in the official capacity of your job. Councilman Hudson then asked Mr. Minutes of the Regular Session of the Town Council 11/04/93 Page 9 of 12 Farrell to define the term "good faith". Mr. Farrell quoted him the definition from Black's Law Dictionary. Councilman Hudson asked about the process for implementing the resolution and was told it would go to Mr. Farrell, or an outside attorney in the event of a conflict. The material would be reviewed against the resolution and guidelines, resulting in a written report from the attorney recommending approval or denial of the request with the reasons contained therein. The Council would then make the final decision to accept or reject the request and set the amount for the decision. If the applicant felt the Council acted in a willful or capricious manner, he would have the option of a review before the Superior Court. Councilman Clark suggested that the title to the resolution did not include volunteers and maybe should be amended to do so. Mr. Farrell stated that the town codes and state laws said that titles and captions can be illustrative but they can't be contradictory. Mr. Farrell said that although a volunteer was not specifically mentioned in the title, they were covered in the body of the resolution, and the text would control the captions and the interpretation. Councilman O'Brien MOVED to accept the guidelines as presented SECONDED by Councilwoman Tibbetts. Mr. Wait Franklin, Trevino Dr., asked whether the guidelines approved this way were equal in weight legally with the resolution or were supplemental to the resolution. Mr. Farrell replied that they were supplemental, but that they were designed to further amplify the resolution, and that there were no inconsistencies between the two. Councilman Clark said the guidelines contained greater detail, and that was why he would like to see it incorporated into the resolution. The motion CARRIED unanimously. AGENDA ITEM #14. - CONSIDERATION OF ORDINANCE 93-20. AMENDING THE TOWN CODE, CHAPTER 14, FLOOD DAMAGE PREVENTION, ARTICLE 14-3 GENERAL PROVISIONS, SECTION 14-3-2, ESTABLISHMENT OF SPECIAL FLOOD HAZARD AREAS, BY CORRECTING REFERENCES TO DOCUMENTS ON FILE AT TOWN HALL. Mr. Nordin said a request was made by the Federal Emergency Management Agency (F.E.M.A.) to make some technical changes having to do with our floodplain delineation study to a section of our town code. Councilman Hudson MOVED to adopt the ordinance. SECONDED by Councilman Clark. CARRIED unanimously. Councilwoman Tibbetts asked Mr. Harrel what the status of the floodplain delineation study was. Mr. Harrel said the study was ongoing. He recently reviewed the hydrology, which meant the amount of the peak flow. He was anticipating the final results to be back in either February or March with F.E.M.A. approval and publication of maps to be six months to a year following that. AGENDA ITEM #15. - CONSIDERATION OF SCHEDULING A DATE FOR A JOINT MEETING OF THE TOWN COUNCIL AND THE PLANNING AND ZONING COMMISSION. Mr. Nordin presented December 2 as the date for the joint Planning and Zoning Commission and Town Council meeting and it was agreed upon. Minutes of the Regular Session of the Town Council 11/04/93 Page 10 of 12 AGENDA ITEM #16. - CONSIDERATION OF APPROVING A CONTRACT NOT TO EXCEED 114,500, FOR AN ADDITIONAL PARKS AND RECREATION PROGRAM CALLED YOUTH GYMNASTICS. Mr. Nordin said the initial pilot program for gymnastics was a success. Figures showed the total expenses to be $2021 with revenues of $2695. He said that the success of the program exceeded the expectations by a significant margin and requested that the Council approve the program for the balance of the fiscal year. He said he hoped to sustain this level of activity and believed there would be a continued overage in this area. A request was made to approve the expenditure portion of this program in an amount not to exceed $14,500. Vice Mayor Minarsich MOVED to approve the contract, not to exceed $14,500, for an additional Parks and Recreation program called Youth Gymnastics. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. Mayor Cutillo said at this time he "wanted to thank the Marshal's Department and the Street Department for putting on a very good display today and showing us what wonderful things we've got going for us. The Street Department certainly looked like a well -put -together yard over there. I was very proud to see that. And certainly the Marshal's Department, with their photo ID's and all the things they've got going for them. Thank you very much. It was very nice." AGENDA ITEM #17. - 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. No one came forward. AGENDA ITEM #18. - ADJOURNMENT. Vice Mayor Minarsich MOVED to adjourn. SECONDED by Councilman Lawrence and CARRIED unanimously. The Town Council adjourned at approximately 8:20 p.m. Minutes of the Regular Session of the Town Council 11/04/93 Page 11 of 12 TOWN OF FOUNTAIN HILLS By: W, 71411 Y-/ Jo . Cutillo, Mayor r ATTEST: )6. JL4,4-� Cassie B. Hansen, Town Clerk PREPARED BY: Rosalynn Rucker, Xdministrative Assistant CERTIFICATION 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 4th day of November, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of December, 1993. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 11/04/93 Page 12 of 12