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HomeMy WebLinkAbout2002.0716.TCSEM.Minutes MINUTES OF THE SPECIAL AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL July 16,2002 Mayor Beydler called the meeting to order at 5:30 p.m. ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jon Beydler,Vice Mayor Leesa Fraverd,and Councilmembers Kathleen Nicola,Michael Archambault,Susan Ralphe,and John Kavanagh. Also present were Town Attorney Bill Farrell, Jim Marburger, Interim Town Manager Sintra Hoffman, Human Resource Administrator Joan McIntosh, and Director of Administration/Town Clerk Cassie B. Hansen. Councilman Rick Melendez was absent. AGENDA ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A.4. AND A.R.S. §38-431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION FOR: PURPOSES OF OBTAINING LEGAL ADVICE FROM THE TOWN ATTORNEY REGARDING PENDING OR CONTEMPLATED LITIGATION SPECIFICALLY: THE TOWN OF FOUNTAIN HILLS VS. BNY AND MERRILL LYNCH; AND HOFFMAN/ROBINSON VS. TOWN, ET AL.; AND 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. (THE COUNCIL WILL DISCUSS A CANDIDATE FOR THE NEW TOWN MANAGER POSITION.) Vice Mayor Fraverd MOVED to convene the executive session. Councilman Archambault SECONDED the Now motion. The motion CARRIED unanimously. AGENDA ITEM#2- RETURN TO SPECIAL SESSION. Mayor Beydler recessed the executive session and reconvened the special session at 6:58 p.m. AGENDA ITEM #3 - DISCUSSION AND POSSIBLE ACTION ON DIRECTION TO THE ATTORNEY REGARDING SETTLEMENT OF THE TOWN OF FOUNTAIN HILLS VERSUS BNY AND MERRILL LYNCH LITIGATION. Mr. Farrell gave brief staff report. He stated that during executive session the Council received a report from Mr. Marburger, the Town's legal counsel on this matter. It was staffs recommendation that the Council move to authorize the mayor and the accounting supervisor to sign a document instructing the trustee to sell the commercial paper from PG&E and authorize Mr. Marburger to accept a two-page offer from Brown and Bain on behalf the Town and the municipal property corporation that basically called for the payment of full principal and interest up through the time of payment of the principle and$40,000 for legal fees that the Town has incurred. Vice Mayor Fraverd MOVED to accept staffs recommendation. Mayor Beydler SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #4 - DISCUSSION OF THE EMPLOYMENT TERMS AND CONDITIONS FOR THE TOWN MANAGER POSITION WITH POSSIBLE DIRECTION TO STAFF. Mr. Farrell asked that this item be continued to a public meeting following an executive session to be scheduled for July 19, 2002. Councilman Archambault MOVED to continue this item as requested. Councilwoman Nicola SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM #5 - DISCUSSION AND POSSIBLE ACTION TO DIRECT THE ATTORNEY REGARDING THE RETENTION OF ONE OR MORE LAW FIRMS TO REPRESENT THE PARTIES IN ROBINSON/HOFFMAN V.TOWN OF FOUNTAIN HILLS,ET.AL. Mr.Farrell asked that this item also be continued to a public meeting following an executive session to be scheduled Nosy for July 19,2002. Vice Mayor Fraverd MOVED to continue this item as requested. Councilman Kavanagh SECONDED the motion. The motion CARRIED unanimously. AGENDA ITEM#6—ADJOURNMENT Councilwoman Nicola MOVED to adjourn. Councilman Kavanagh SECONDED the motion. The motion CARRIED unanimously. The meeting adjourned at 7:03 p.m. TOWN OF FOUNTAIN HILLS - By: _AIM.li i. LI A A •n Beydler,Mar, A 1T'hST: �� Cassie B.Hansen, Director of Administration/Town Clerk PREPARED BY: lY Bev Bender,Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special and Executive Meeting held by the Town Council of Fountain Hills on the 16th day of July, 2002. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of August 2002. Cassie B. Hansen, Director of Administration/Town Clerk Town Council Meeting Minutes for 7-16-02 Page 2 of 2