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HomeMy WebLinkAbout2005.1117.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSION liare OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 17,2005 Mayor Nichols called the meeting to order at 5:00 p.m. ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Councilman Archambault, Mayor Nichols, Councilman Kehe, and Councilman McMahan. (Councilman Kavanagh and Vice Mayor Schlum arrived at 5:05 p.m.). Town Manager Tim Pickering, Town Attorney Andrew McGuire, Town Clerk Bev Bender,Parks &Recreation Director Mark Mayer, and Attorney Mark Langlitz were also present. AGENDA ITEM #2 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A.1 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 THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY SHALL PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH WRITTEN NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN TWENTY-FOUR HOURS FOR THE OFFICER, APPOINTEE, OR EMPLOYEE TO DETERMINE WHETHER THE DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. (SPECIFICALLY, REVIEW OF COMMUNITY CENTER ADVISORY COMMISSION, PUBLIC SAFETY ADVISORY COMMISSION AND PARKS AND RECREATION COMMISSION APPLICANTS.) Councilman Archambault MOVED to convene the Executive Session and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present (4-0). Mayor Nichols recessed the Executive Session at 5:30 p.m. AGENDA ITEM#3—RETURN TO THE REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. INVOCATION—The invocation was led by Sandra Furughi,Baha'i Faith. ROLL CALL — Present for roll call were Mayor Nichols, Councilman Kavanagh, Vice Mayor Schlum, Councilman Kehe, Councilman McMahan and Councilman Archambault. Town Manager Tim Pickering, Town Attorney Andrew McGuire, Town Clerk Bev Bender, Parks & Recreation Director Mark Mayer, and Attorney Mark Langlitz were also present. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) The Mayor will present outgoing Planning and Zoning Commissioner Wayne Tall with a plaque of appreciation for years of service. Mayor Nichols presented outgoing Planning and Zoning Commissioner Wayne Tall with a plaque of appreciation for his years of volunteer service to the Town on the Planning and Zoning Commission. Z:\Council Packets\2006\R1-5-06\Minutes 11-17-05 Regular and Executive Session.doc Page 1 of 9 (ii) Presentation of the Town of Fountain Hills' annual financial report by Carter Smitherman,with the auditing firm of Cronstrom,Trbovich&Osuch. Accounting Supervisor Julie Ghetti stated that the Annual Financial Report for 2005 was a comprehensive document that would be mailed to the Arizona Auditor General's Office, the Government Finance Officer's Association, bond rating agencies such as Moody's and Standard & Poor's and the Town's banking investment team. She noted that it would also be available on the Town's website. She said that the report was a historical look at the Town's past financial condition and explained that State law required that local governments publish a set of financial statements each year that had been audited by an independent licensed Certified Public Accounting firm. She introduced Mr. Carter Smitherman, Audit Manager from the firm of Cronstrom, Trbovich &Osuch, and stated that he would present the report to the Council. Mr. Smitherman addressed the members of the Council and expressed appreciation to staff for their assistance in putting the report together. He noted that the report had been broken down into three parts, an introductory section; the financial section; and the statistical section. (Note: Copy of report is available in the office of the Town Clerk for review.) He noted that the Town had received an Award Certificate from the Government Finance Officer's Association for the past eight years and stated that hopefully they would receive a ninth award as a result of this report. Mr. Smitherman stated that his firm had provided an unqualified opinion on the financial statements and said that it was a clean, fairly stated, financial statement. He discussed the Town's revenues and capital asset activity, the largest of which was the building of the new Town Hall. He reported that the Town issued approximately$12 million in debt, most of which was used to refund prior debt to achieve a lower interest rate. Mayor Nichols requested that Mr. Smitherman provide a brief overview of the Town's current financial status. Mr. Smitherman said that, according to financial statements, the financial status of the Town was improving and the net assets of the Town (assets over its liabilities) were approximately $33 million dollars, up from the prior year by approximately $7 million. He added that growth in sales tax revenues appeared to be continuing and the overall financial position was fairly healthy. Mayor Nichols thanked Mr. Smitherman for the presentation and thanked staff for their efforts over the past year. Councilman Archambault also expressed appreciation to staff, particularly Ms. Ghetti, and her staff, for their hard work and diligence. CALL TO THE PUBLIC Vladimir Hulpach, Fountain Vista Properties, 16872 Avenue of the Fountains, a resident and commercial developer in the Town, addressed the Council and said that more than three years ago, he raised the issue of commercial signage, which was also brought up by the Chamber of Commerce, an organization on which he had served. He said that he participated in a two-year process involving this issue and said that it resulted in the formation of an ordinance that addressed the amount of signage allowed for commercial buildings, neon signs, etc. He advised that many of the Chamber's concerns were addressed in the new ordinance but added that one issue was included in the new ordinance that overhauled what he thought was better under the old ordinance, namely the signage for commercial buildings on the second story. He explained that prior to the new ordinance, signage was allowed on the second story of commercial buildings but a paragraph was added to the new ordinance that now banned this from occurring. He said that the Chamber did not agree with this inclusion, but for the sake of expediting the approval of the new ordinance, they left it in thinking that it would come back again as a problem to be addressed. He said that he had spoken with some potential tenants, commercial business owners, and sign company owners and had learned that this had become an issue. He added that he no longer owned any commercial properties in Town so he did not have a vested interest but requested that the Council look into this important issue, have staff work with the Chamber,and take steps to resolve the problem. Mayor Nichols thanked Mr. Hulpach for his input. Z:\Council Packets\2006\R1-5-06\lvlinutes 11-17-05 Regular and Executive Session.doc Page 2 of 9 CONSENT AGENDA Mayor Nichols requested a motion to approve the consent agenda. Councilman Archambault requested that lbw Item#4 be removed from the Consent Agenda and the Mayor announced that Item#2 had also been moved to the Action Agenda. AGENDA ITEM #1— CONSIDERATION OF APPROVING THE MEETING MINUTES FROM NOVEMBER 3,2005. AGENDA ITEM #2 — CONSIDERATION OF APPROVING AN AMENDED PLAT FOR EAGLE MOUNTAIN PARCEL 4, LOTS 8 AND 9, TO FINAL PLAT, CRIMSON CANYON, LOTS 1 AND 2. CASE#S2005-17. (NOTE: THE ABOVE ITEM#2 WAS MOVED TO THE REGULAR AGENDA.) AGENDA ITEM #3 _ CONSIDERATION OF APPROVING THE PRELIMINARY AND FINAL PLAT FOR "SHERWOOD SUNSET CONDOMINIUMS,' A 2-UNIT CONDOMINIUM PROJECT, LOCATED AT 14449 SHERWOOD DRIVE,AKA PLAT 104,BLOCK 12,LOTS 5, CASE#52005-18. AGENDA ITEM #4 — APPROVAL OF AND A LOCATION FOR A DONATED SCULPTURE TO BE PLACED ADJACENT TO TOWN HALL IN THE PARKING LOT OF THE COMMUNITY CENTER UNDER THE PUBLIC ART MASTER PLAN. (NOTE: THE ABOVE AGENDA#4 WAS MOVED TO THE REGULAR AGENDA.) AGENDA ITEM #5 — CONSIDERATION OF RESOLUTION 2005-52, AMENDING THE TOWN OF FOUNTAIN HILLS COUNCIL RULES OF PROCEDURE RELATING TO THE COUNCIL ASSESSMENT AND REVIEW PORTION OF THE AGENDA AND THE REFERENCE AS TO THE NUMBER OF BOARDS AND COMMISSIONS INDIVIDUALS MAY SERVE ON. Councilman Kavanagh MOVED to approve the Consent Agenda (with Items #2 and 4 moved to the Regular Agenda) and Councilman McMahan SECONDED the motion. A roll call vote was taken with the following results: Councilman Kehe Aye Vice Mayor Schlum Aye Councilman Kavanagh Aye Mayor Nichols Aye Councilman McMahan Aye Councilman Archambault Aye The motion CARRIED UNANIMOUSLY(6-0). REGULAR AGENDA AGENDA ITEM #2 — CONSIDERATION OF APPROVING AN AMENDED PLAT FOR EAGLE MOUNTAIN PARCEL 4, LOTS 8 AND 9, TO FINAL PLAT, CRIMSON CANYON, LOTS 1 AND 2. CASE#52005-17. (MOVED FROM THE CONSENT AGENDA.) Planer Kate Zanon addressed the Council regarding this agenda item and explained that this item was removed from the Consent Agenda because staff would like to add one stipulation. This request was to amend a plat for an existing platted subdivision. The applicant's only request was to shift the existing lot line between the two Z:\Council Packets\2006\R1-5-06\Minutes 11-17-05 Regular and Executive Session.doc Page 3 of 9 properties. The applicant was meeting all Town ordinances and the stipulation that staff would like to add was that the name on the recorded plat would read, "Replat of Eagle Mountain Parcel 4, Lots 8 and 9 will not read Crismon Lots 1 and 2." She noted that this was the only change that staff was requesting and said that the applicant was aware of the change and supported it. Councilman Kavanagh MOVED to approve the amended plat with staff's added stipulation and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY(6-0). AGENDA ITEM #4 CONSIDER APPROVAL OF AND A LOCATION FOR A DONATED SCULPTURE TO BE PLACED ADJACENT TO TOWN HALL IN THE PARKING LOT OF THE COMMUNITY CENTER UNDER THE PUBLIC ART MASTER PLAN. (MOVED FROM THE CONSENT AGENDA.) Councilman Archambault raised questions about the placement site due to three trees at the location and the possibility that foliage would eventually hide the sculpture. He stated that he and Councilman Kehe met with the Arts Council. He also stressed the importance of a solid base for the piece. Town Manager Tim Pickering addressed the concerns, stating that the sculpture would have a solid base, be stable,and not have line-of-sight problems from the trees. Councilman Kehe stated that he shared Councilman Archambault's concern about placement of the sculpture and whether it would detract from the focal point of a water feature to be placed there. Town Manager Pickering indicated that he did not feel there would be a conflict between the two pieces due to the distance involved. Councilman Kavanagh discussed another sculpture located on the first island in the parking lot and stated that he did not think that was an appropriate site for the piece. Mr. Pickering responded that the Arts Commission had recommended the site. Councilman Kavanagh asked for copies of the minutes from the meeting when that recommendation had been made. In response to a question from Councilman Archambault, Town Manager Pickering stated that the Council had provided the Arts Commission with possible sites for placement of art pieces. He confirmed that there were 20+ proposed sites, many of them around the circle area. Councilman Archambault MOVED and Councilman McMahan SECONDED a motion to approve the location for the donated sculpture. The motion CARRIED UNANIMOUSLY(6-0). AGENDA ITEM #6 — CONSIDERATION OF RESOLUTION 2005-63, AMENDING THE COUNCIL RULES OF PROCEDURE, SECTION 8, BY ADOPTING A TOWN OF FOUNTAIN HILLS ETHICS POLICY. Mr. Pickering stated that the development of an ethics policy was not a simple task. He noted the various municipalities that were contacted as part of staff's research and that the Town of Paradise Valley's policy seemed to be the most appropriate policy to follow for the Town of Fountain Hills. He stated that the policy laid out what Commissioners, as well as the Council, should be held to as far as guidelines regarding ethics and it complied with the State statutes. He added that Town Attorney Andrew McGuire and Town Clerk Bev Bender assisted in the drafting of the proposed policy and he expressed appreciation to both staff members He advised that staff recommended adoption of the proposed Ethics Policy and pointed out that the Ethics Policy Section was the only section in the Council's Rules of Procedure that had not yet been adopted. `vri1) Z:\Council Packets\2006\R1-5-06\Minutes 11-17-05 Regular and Executive Session.doc Page 4 of 9 Councilman Archambault MOVED to adopt Resolution 2005-63, amending the Council's Rules of Procedure, Section 8, by adopting a Town of Fountain Hills Ethics Policy. Councilman Kavanagh SECONDED the Lie motion. Councilman Kavanagh commented that during his six years of service on the Council, they had had their share of incidents and questions involving possible conflicts of issues. He said that it appeared reasonable to adopt the policy to affirm exactly what the rules and guidelines were and stressed the importance of standing by them, not only for themselves but also for future Councils. Councilman Kavanagh added that he supported the proposed policy but said that there were two areas that he thought needed to be changed: The first was 8.7C, where it stated, "We shall not directly or indirectly in connection with service to the Town solicit any gift or accept or receive any gift of any value, whether it be money, services, loans, travel, entertainment, hospitality, promise or any other form of gratuity. This policy shall not apply to hospitality, transportation or other assistance provided Town officials when such hospitality, transportation or other assistance is directly related to their participation in community events as a representative of the Town." Councilman Kavanagh commented that there were situations where Town Council members took extremely minor hospitality, travel, or gifts. He gave as an example that the Mayor often handed out pins or gifts to public officials at Town meetings. He stated the opinion that those types of token items were not what they were attempting to address. He added that on numerous occasions he had been invited to residents' homes to discuss issues and snacks were served. He said he would like to add to this Section the phrase, "Nor shall this Section preclude the acceptance of any travel, hospitality or other form of gratuity of an inconsequential value accepted as a courtesy" in order to clarify these minor items and issues. Councilman Kavanagh MOVED to amend Section 8.7c by adding the paragraph as listed above and Councilman McMahan SECONDED the motion. Mayor Nichols concurred with Councilman Kavanagh's suggestions and said that minor situations did occur and this added phase would better clarify the policy. Councilman Kehe questioned whether it was important to define the word"inconsequential" and Town Attorney Andrew McGuire said that if the Council had some idea of what that value was he would encourage their input. Councilman Kavanagh commented that it was one of those"legal things"—something everyone knew but it was difficult to write down. He said they "know it when they see it". He added that if someone had a dinner at the Phoenician, that was one thing,but if someone had a cup of coffee at the Octagon,that was another. Mr. McGuire advised some people may not"know and see"the same thing and added that they might be putting something out there that would be subject to interpretation and argument later on. He said that if the Council wanted to assign some amount of inconsequential value, it would better to define and clarify the intent. Councilman Archambault stated that it was difficult to place a value on the word "inconsequential" and perhaps they should use the word "influence" because if something was a gift to someone and it basically influenced a decision, which was what he thought this was getting at. Councilman Kavanagh said that he had tried to "hint" at that when he said, "accepted as a courtesy", but added that they could add, "with no implied quid quo pro". Mayor Nichols commented that"inconsequential" was also be dependent upon the individual. A wealthy person might consider$10,000 "inconsequential" and said he would like to see a figure put in,like$25.00. Z:\Council Packets\2006\R1-5-06\Minutes 11-17-05 Regular and Executive Session.doc Page 5 of 9 Councilman Kavanagh stated the opinion that it was more a question of the value to the receiver than the giver and said the problem was that it depended on what they were talking about. If he was invited to a Historical Society function where the dinner cost $18.00, that was $18.00, but by the same token if a developer gave him an $18.00 fancy pen,he would see a problem with that. He said it depended on the individual situation. Mr. McGuire commented that it was the Council's decision as to whether they wanted to have a specified dollar value and agreed that the same dollar amount might be viewed differently depending on the situation. He added that the difficulty with the"inconsequential" amount was that the person receiving the gratuity was the person to whom they had to assign whether or not it was consequential. He said in their own perception it could possibly have a "sliding scale" based upon the net worth of the Councilmember receiving the gratuity. He added that he was not really sure that was where they wanted to go. He noted that when they established policies, particularly when they involved sensitive topics, they attempted to leave as little as possible open to interpretation and a specified dollar amount was one way to accomplish that. Mr. McGuire suggested that after the wording in Councilman Kavanagh's original amendment, after the words "This shall not apply to hospitality, transportation or other assistance provided to Town Officials when (be amended to state): (i) such hospitality, transportation or other assistance is directly related to their participation in community events as representatives of the Town or (ii) of inconsequential value and accepted as a courtesy." The motion originator and second of the motion agreed with Mr.McGuire's revision. Vice Mayor Schlum stated that he agreed with the clarification since the second paragraph addressed the items they were talking about. He added that the sentence read, "The policy shall not apply to hospitality, transportation, or other assistance provided Town officials when such hospitality, transportation or other assistance is directly related to their participation in a community events as representatives of the Town." Councilman Kavanagh said that he interpreted community events as being community events such as dinners, meetings, affairs, etc. He said that they could expand community events to just say Town or other official duties. The Council concurred with Councilmember Kavanagh's suggestion. Mr. McGuire reiterated that a specific amount, in his opinion, would help simplify the matter and limit interpretations. Councilman Kavanagh said that his concern was that an article would come out saying that Council voted to tell citizens they could give the Council $25.00 or less. He added that the word "inconsequential" worked better. Councilman Archambault stated that he supported Mr.McGuire's modification as stated above in bold. Mayor Nichols called for a vote on the amendment as listed above (in bold) and the motion CARRIED UNANIMOUSLY (6-0). Councilman Kavanagh referred to 8.6B and said he would like the word"unexplainable" to be added before the word "appearance" to read as follows: "B. Respectability. We shall safeguard public confidence in the integrity of Town government by being honest,fair, caring and respectful, and by avoiding conduct creating the unexplainable appearance of impropriety, or impropriety of which is otherwise unbefitting a public official." Councilman Kavanagh explained that he had always been uneasy with rules that said they could not do anything that had the appearance of impropriety because by definition if it was only the appearance, that meant it was something that was actually proper but for some reason just did not look right. He added that in such cases it should be perfectly all right for someone to do that as long as they explained away the false impression that had been created. He said that if there was an obvious, explainable reason for someone doing something, and then there should not be any problem. Z:\Council Packets\2006\R1-5-06\Minutes 11-17-05 Regular and Executive Session.doc Page 6 of 9 Councilman Kavanagh MOVED that the above amendment (in italics) be approved and Councilman McMahan SECONDED the motion. The motion CARRIED UNANIMOUSLY(6-0). Town Clerk Bev Bender advised two speakers wished to comment. Robert Deppe, 16247 N. Boulder Drive, said that he sent an e-mail on July 14th to the members of the Council regarding the DUI incident. He pointed out that he was not there to state that Councilman McMahan should resign as many citizens had called upon him to do and added that if the members of the Council had to be "perfect" none of the Council seats would be filled today. He stated that his main concern regarding the entire incident was the fact that a Councilmember felt that it was appropriate to accept free gratuities while discussing Town business and said that that was the main point of his e-mail. He noted that Mayor Nichols responded to his e-mail and asked the Town Attorney to meet with him to discuss the current rules, name Section 7 of the Council's Rules of Procedure, which current states, "Public officers and employees are prohibited from using or technically using their official positions to secure valuable things or benefits for themselves." He said that what this essentially meant was "you solicit me for something and you are in violation of it and if I give you something without the solicitation, and that can be any value, then it's okay". He stated that they were addressing this issue this evening and noted that Arizona State Statutes prohibited local elected officials from accepting anything in the statute prohibiting same from accepting tickets to sporting events and cultural events. Mr. Deppe said that he did not know whether this had been included in the proposed Ethics Policy but added that if it was not already included, it should be added. He explained that his concern was interpreting what was valuable and what was not and said that he had worked for the Federal government for almost 30 years and they abided by the $25.00 rule. He recommended that the Town also implement the clear cut $25.00 rule and noted that it was simple to enforce and would be in accordance with Federal government regulations. Henry Leger, 163'02 E. Saguaro Boulevard, commended the Council for adopting an Ethics Policy and said that tliow he was in favor of elected officials being held accountability for ethics and having a methodology for all members of the Council to abide by. Mayor Nichols thanked the speakers for their comments and stated that people could say, "It's nice that there is an Ethics Policy in place but there are no sanctions or"teeth" in it". He requested that the Town Attorney speak to this issue. Mr. McGuire advised that approximately three and a half years ago, discussion took place regarding whether the Council had the authority to sanction itself. He reported that staff had researched the issue and had not found any authority in the State statutes that would grant the Council the authority to sanction one of its members by anything other than a verbal or written"bad Councilmember" letter. He added that it was an informal power only and the Council did not have the ability to remove someone from office, fine anyone, or do anything else under State statutes. He said that the Council only had the powers that were specifically granted to them or those powers that were necessarily implied from the specific grants and there was nothing in there that spoke to the kind of sanctions that would have any type of real "teeth." He added that in Arizona they had always determined that the only real sanction was at the ballot box and the citizens who voted members onto the Council had the ability to re-elect or replace them at the appropriate election time. Mayor Nichols asked whether the Council could make it mandatory that the Ethics Policy be signed by all Commissioners and Councilmembers. Mr. McGuire responded that they could make this a requirement and ensure that all of the members were aware of it and agreed to abide by it by signature. He said that this was not currently part of the ordinance. Mayor Nichols MOVED that the Ordinance be amended to require that anyone who came under the Ethics Policy be required to sign it upon the assumption of their roles as Commission members, Mayor, and members of the Council. Councilman Archambault SECONDED the motion, which CARRIED UNANIMOUSLY (6- Z:\Council Packets\2006\R1-5-06\Minutes 11-17-05 Regular and Executive Session.doc Page 7 of 9 Councilman Kavanagh said that he wanted to make a clarification on the dollar amount so that everyone understood that the reason why he did not believe a dollar amount was appropriate. He did not believe there were occasions when they should take more than$25.00 because he believed in almost all situations they should not be taking anything. He stated that he resisted stating $25 because he did not want everyone to think it was Nair okay to send members of the Council or Commissions $25 gifts and reiterated that most of the time people should not be sending them anything. In response to a question from Mayor Nichols about whether the members would have to report receiving a set of golf clubs from a developer for example, Mr. McGuire advised that members of the Council had the obligation to report anything they received of that nature. He added that more importantly, as a lobbyist, the developer would be required to report the giving of that gift to the State. He noted that he himself was a registered public lobbyist and every year he was required to file a report listing any contributions he had made to members of the Legislature on the Town's behalf. He noted that the only prohibition that showed up was under "Entertainment"for cultural or sporting events. Councilman Archambault thanked the Council for their discussion of this important issue and said that Councilwoman Nicola would be happy to be here to vote on this matter since it was something on which they had long discussions. He commented that the State imposed penalties if certain statutes were violated and added that the public's trust was the most important element. He added that the Ethics Policy adopted by the City of Phoenix probably said it best when they commented, "Public trust is built largely upon the perception the citizens have regarding their City Councilmembers and members of City Boards, Commissions and Committees." He said that they should constantly remind themselves that the civic trust they hold by reason of their position dictated that they should never compromise their honesty or integrity for personal gain or advancement and always remain sensitive to the values of the public's trust. He added that the proposed Ethics Policy was a very good start. Mayor Nichols called for a vote on Ordinance 2005-63, amending the Council Rules of Procedure, Section 8,by adopting a Town of Fountain Hills Ethics Policy subject to the amendments as outlined and voted upon above. Nod The motion CARRIED UNANIMOUSLY(6-0). AGENDA ITEM #7 — COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS, WEAKNESSES, AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. None. AGENDA ITEM#8—COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. Items listed below are related only to the propriety of(i) placing such items on a future agenda for action or(ii) directing staff to conduct further research and report back to the Council. A. None. AGENDA ITEM#9—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. Mr. Pickering advised that staff would conduct research regarding the sitting of the statue per previous discussion. AGENDA ITEM#10 - ADJOURNMENT. COUNCILMAN KEHE MOVED that the Council adjourn and VICE MAYOR SCHLUM SECONDED the „tit) motion, which CARRIED UNANIMOUSLY. The meeting adjourned at 7:22 p.m. Z:\Council Packets\2006\R1-5-06\Minutes 11-17-05 Regular and Executive Session.doc Page 8 of 9 TOWN OF FOU AIN HILLS By Wa y Nic ols,Mayor ATTEST AND PREPARED BY: Bevelyn Jeer,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive/Regular Session held by the Town Council of Fountain Hills on the 17th day of November 2005. I further certify that the meeting was duly called and that a quorum was present. DATED this 5th day of January 2006. Bevelyn J. B de'Town Clerk Lie Z:\Council Packets\2006\R1-5-06\Minutes 11-17-05 Regular and Executive Session.doc Page 9 of 9 J