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HomeMy WebLinkAbout1994.0524.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 24, 1994 A Special Session of the Fountain Hills Town Council open to the public was convened and called to order by Mayor Cutillo at 6:30 p.m., Tuesday,May 24, 1994, 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, and Councilmembers Bill O'Brien,Frank Clark,Peg Tibbetts and Don Lawrence. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell and Town Clerk Cassie Hansen. Absent were Vice Mayor Mike Minarsich and Councilman Wally Hudson. AGENDA ITEM#2.-CONSIDERATION OF RESOLUTION 1994-23,DECLARING AND ADOPTING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 17, 1994; AND ORDERING THE RECORDING OF SUCH RESOLUTION. Mr.Farrell said that the law required at the close of each election that the results of that election be brought before the Council to be canvassed. Canvassing would declare the results of the May 17, 1994 election to be official and must be conducted no sooner than six or more than fifteen days after the election. Mayor Cutillo MOVED to accept Resolution 1994-23 as written and Councilman Clark SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM#3.-CONSIDERATION OF DIRECTING THE TOWN CLERK AND TOWN ATTORNEY TO PETITION THE SUPERIOR COURT OF MARICOPA COUNTY TO ORDER AN AUTOMATIC RECOUNT OF THE CANVASSED ELECTION RESULTS FOR THE OFFICE OF MAYOR AS DETERMINED BY RESOLUTION 1994-23. Mr.Farrell said that since the May 17, 1994 election resulted in a six-vote separation between the mayoral candidates state statute for state and county offices mandated an automatic recount of the ballots when the victory margin was less than 10 votes. Although the statute did not include city or towns, and Fountain Hills was not in a political subdivision of the county,a corresponding statute in Title 9 governing cities and towns said county regulations should be followed in the absence of local ordinance or law. Mr.Farrell said it was his opinion that since there were less than ten votes involved, there should be an automatic recount and that if so authorized and directed to do so, he would file with the Superior Court on the following day a petition along with a certified copy of the resolution asking for an automatic recount no later than Tuesday, May 31, 1994 at 5:00 p.m. That information would be requested to be returned to the court no later than noon Wednesday,June 1, so that a court order could then be issued in time for the Thursday, June 2 council meeting. Mayor Cutillo MOVED to direct the Town Clerk and Town Attorney to petition the Superior Court of Maricopa County to order an automatic recount of the canvassed election results for the office of Mayor as determined by Resolution 1994-23. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#4. - CALL TO THE PUBLIC. Minutes of the Town Council Special Session - 5/24/94 Page 1 of 3 No one came forward. Ltr- AGENDA ITEM#5.- PURSUANT TO A.R.S.38-431.03.A.1.,VOTE TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF 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. Mayor Cutillo said the Council would be primarily discussing the Town Manager's evaluation. Councilman Lawrence MOVED to go into executive session and Councilman Clark SECONDED. The motion CARRIED unanimously. Mayor Cutillo recessed the Special Session at 6:37 p.m. and went into Executive Session. AGENDA ITEM#6. - RETURN TO SPECIAL SESSION. The Council returned to Special Session at 7:40 p.m. AGENDA ITEM#7. -CONSIDERATION OF MERIT INCREASE FOR THE TOWN MANAGER FOR FY 94/95. Councilman O'Brien MOVED to grant the Town Manager a 3% merit increase for FY 94/95. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#8. - ADJOURNMENT. Councilman Clark MOVED to adjourn and Councilman Lawrence SECONDED. The motion CARRIED unanimously and the Town Council adjourned at approximately 7:42 p.m. Minutes of the Town Council Special Session - 5/24/94 Page 2 of 3 Notid) TOWN OF FOUNTAIN HILLS By: Jo . Cutillo, Mayor ATTEST: C14 : j-4-' 15• LLA-A-----) Cassie B. Hansen, Town Clerk PREPARED BY: d Rosalynn ucker, Adminis five 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 24th day of May, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of June, 1994. 044,4_,t. 1/46• kLIAA-4-A-") Minutes of the Town Council Special Session - 5/24/94 Page 3 of 3