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Home My WebLink About2002.0806.TCSEM.Minutes • TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL August 6,2002 Mayor Beydler called the meeting to order at 2:00 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. Councilman Rick Melendez arrived at approximately 2:10 p.m. Interim Town Manager Sintra Hoffman and Director of Administration Town Clerk Cassie Hansen were also present. AGENDA ITEM#1 - PURSUANT TO A.R.S. §38-431.03.A.1., VOTE TO GO INTO EXECUTIVE SESSION 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. (THE COUNCIL WILL DISCUSS THE FINAL DRAFT OF THE NEW TOWN MANAGER'S EMPLOYMENT CONTRACT AND REVIEW THE RESPONSES TO THE TOWN ATTORNEY REQUEST FOR PROPOSAL.) Councilman Kavanagh MOVED that the Council convene the executive session and Vice Mayor Fraverd SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#2-RETURN TO SPECIAL SESSION. Mayor Beydler recessed the executive session and reconvened the special session at 3:00 p.m. AGENDA ITEM #3 - DISCUSSION AND POSSIBLE ACTION ON RATIFYING THE FINAL DRAFT OF THE NEW TOWN MANAGER'S CONTRACT. The Council reviewed the memo provided by Mr. Farrell regarding the employment agreement with Timothy Pickering. In the memo, Mr. Farrell stated that Mr. Pickering had accepted the Council's last and final offer, exact wording was being finalized and that Mr. Pickering had been asked to sign the agreement first, to be followed by Council execution. Per Mr. Farrell's memo, Councilman Archambault MOVED to authorize and direct the Mayor and the Town Attorney to accept and execute on behalf of the Town an employment agreement with Mr. Timothy Pickering pursuant to the terms and conditions discussed by the Council in executive session and the direction given to the Town Attorney in executive session regarding the employment agreement. Councilwoman Ralphe SECONDED the motion. Councilman Melendez requested clarification of the final terms of the contract since he had been unable to attend the executive session of August 2. Mayor Beydler summarized the two primary points including the terms of the relocation compensation (net to gross) and the escrow agreement(goes away if contract renewed in 2004). All interest goes to the Town. The Mayor said he believed the final offer tested Mr. Pickering's commitment and was much like checkmate in the business world. He said Mr. Pickering would sign the emailed copy of the agreement and was scheduled to start September 9th. The motion CARRIED unanimously. Special and Executive Session August 6,2002 Page 1 of 3 • AGENDA ITEM #4 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE PROPOSALS FOR LEGAL SERVICES. cy The Council discussed the merits of the selection committee process proposed by Interim Town Manager Hoffman that included using attorneys from other jurisdictions and three council members. Mayor Beydler suggested having Mr. Farrell draft some sort of statement for the attorneys to sign to insure that they had no conflict of interest with regards to other clients or cases. Ms. Hoffman indicated that the attorneys she had in mind were all currently employed by their respective municipalities and did not represent any other clients. Councilwoman Nicola discussed the desirability of having a signed contract with the new town attorney and suggested that staff compile job descriptions, salaries and contracts from other cities and towns for both attorney and prosecutor services. She emphasized the need for better contracts. Councilman Kavanagh asked if the RFP had boxed the Town into a particular length of contract and suggested that it should be the same as the town manager, through 2004. Mayor Beydler suggested incorporating the terms and condition of the RFP into the contract. Councilwoman Ralphe concurred with Councilwoman Nicola's suggestion to obtain information from other jurisdictions. Councilwoman Nicola pointed out that in some municipalities the town attorneys provided prosecutor services as well. Mayor Beydler proposed using two attorneys and three council members for the panel to bring three finalists forward for Council consideration. He said this would be similar to the process used to select the judge and that had worked well. Councilman Kavanagh stated that two attorneys could present a problem and that there should be a tiebreaker. Councilwoman Nicola noted that the attorneys were a formality and re-emphasized the need for a job description. Mayor Beydler stated that he did not want the attorneys to make the decision and that they should be there just to ask technical questions. Councilman Kavanagh opposed having council members on the panel saying that it should be either a technical or political process. Councilwoman Nicola suggested using the same format used for the town manager selection process whereby all Council members participated to narrow down the field and interviewed in executive session. The attorneys could be used for outside help. Mayor Beydler agreed saying the majority of the Council had gotten them to this point and a majority could finish the job. Councilman Kavanagh said he did not feel qualified to make this choice and that technical expertise was needed. Councilman Melendez concurred with using all Council members and two attorneys. Councilman Kavanagh expressed concern that under that scenario the attorneys would be put on the spot to critique each other's firms. Mayor Beydler said he felt that the Council, with legal assistance, could do the job. Vice Mayor Fraverd supported letting the attorneys read through the proposals and narrow the field. Ms. Hoffman pointed out that the technical panel would assess how each law firm would "fit" with the Town. Mayor Beydler opposed abdicating their responsibility to unnamed attorneys. Councilman Kavanagh said he wanted the Council to decide but the professionals to screen. Mayor Beydler MOVED to have the seven council members and two attorneys participate in the interview process of the six firms at a date convenient to all. SECONDED by Councilman Archambault. Councilman Kavanagh MOVED TO AMEND the motion to have a screening committee of three whittle the field to two firms for the whole Council to interview. SECONDED by Vice Mayor Fraverd. Councilman Archambault called for the vote. The amended motion FAILED five to two. The original motion CARRIED five to two. Possible interview dates were discussed. Councilman Kavanagh suggested 9/3/02. Mayor Beydler said he preferred August 1561 but Councilman Kavanagh pointed out that the 15th was a court date. Ms. Hoffman suggested choosing two dates as a starting point so she could determine the availability of the attorneys. She expressed concern that the week of August 12th would be very short notice for most attorneys who would be donating their time to assist the Town. Vice Mayor Fraverd said she would be out of town August 16 through September 1. Mayor Beydler stated that he wanted the process to go forward in August. Ms. Hoffman said she would determine the availability of attorneys August 12 — 14 and September 3 — 5 and work on compiling the information requested by Councilwoman Nicola. Mayor Beydler suggested calling Cathy Connolly at the League regarding a standard contract for legal services. Councilwoman Nicola commented that the League's contract was less than desirable. Ms. Hoffman reiterated that choosing a new attorney for the town was very important and that all members of the Council should be C, involved. Special and Executive Session August 6,2002 Page 2 of 3 • Councilwoman Ralphe requested that the Council meet before the mediation on Saturday to advise the attorney of the Council's direction. Mayor Beydler stated that it was a management conference and that no deals would be made. AGENDA ITEM#5-ADJOURNMENT. Councilman Archambault MOVED that the Council adjourn and Councilman Kavanagh SECONDED the motion,which CARRIED unanimously. The meeting adjourned at 3:40 p.m. TOWN OF FOUNTAIN HILLS By: / /II jilt Jon Bey ler, or ATTEST AND PREPARED BY: Cassie B. Hansen, Director of Administration/Town Clerk 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 6th day of August, 2002. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of August 2002. CLL Cassie B. Hansen, Director of Administration/Town Clerk Special and Executive Session August 6,2002 Page 3 of 3