HomeMy WebLinkAbout2002.0719.TCSEM.Minutes MINUTES OF THE SPECIAL AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
cor July 19,2002
Mayor Beydler called the meeting to order at 8:00 a.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 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:
HOFFMAN/ROBINSON/KNAPP 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
motion. The motion CARRIED unanimously.
AGENDA ITEM#2- RETURN TO SPECIAL SESSION.
Mayor Beydler recessed the executive session and reconvened the special session at 11:00 a.m.
AGENDA ITEM#3-DISCUSSION AND POSSIBLE ACTION ON LITIGATION SETTLEMENT.
Mr. Farrell said that the Council in a several hour executive session gave specific instruction to the attorneys for the
body with regard to approaching Judge Coffman in the Hoffman litigation this afternoon to seek a brief continuance
to the month of December to enter into settlement conference or mediation negotiations with the parties on a global
settlement of the litigations that were pending in this matter. He said that would be subject to the Judge approving
the plan as well as Mr. Countryman and the other attorneys for the other side not objecting this afternoon. If that
occurred, staff would notify the Council later on in the day. Mr. Farrell noted that one of the components of the
settlement would be to accept Maricopa County's offer to conduct an election either on formation or otherwise of a
Fire District in November of 2002 election. That was why he would ask that the continuance only be to December
of 2002. He stated that it initially the purpose of the election would be to ask the voters whether or not they would
like to form a new voluntary Fire District. However, staff needed to confirm with the County that all of the legal
steps could be taken care of in time to get to the November election and not to a subsequent election. He was
optimistic that this afternoon he would be able to convince the judge that there should be a brief continuation of the
trial until December.
Councilwoman Ralphe stated she did not favor a settlement in the fire lawsuits. She felt the Town had a very strong
legal case and she wanted to proceed down that path. She did not think that the Council had enough information to
proceed down the settlement path.
Mr. Farrell said he would follow the direction that he had been given during the executive session. He stated he
would discuss this further at the regular session of the Council on august 1st meeting.
AGENDA ITEM #4 - DISCUSSION OF THE EMPLOYMENT TERMS AND CONDITIONS FOR THE
TOWN MANAGER POSITION WITH POSSIBLE DIRECTION TO STAFF.
cpyMr. Farrell said the last and final offer would be forwarded to Mr. Pickering this afternoon with a 5 p.m. Monday,
July 22,2002 deadline.
AGENDA ITEM#5—ADJOURNMENT
Vice Mayor Fraverd MOVED to adjourn. Councilman Archambault SECONDED the motion. The motion
CARRIED unanimously. The meeting adjourned 11:06 a.m.
TOWN OF FOUNTAIN HILLS
By: Ida riA _
on Beydle . May•
ATTEST: C44.4. 16
Cassie B. Hansen,
Director of Administration/Town Clerk
PREPARED BY: )
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 19th 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.
)3.L
Cassie B. Hansen,
Director of Administration/Town Clerk
Town Council Meeting Minutes for 7-19-02
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