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HomeMy WebLinkAbout2007.1127.TCSEM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 27,2007 CALL TO ORDER Mayor Nichols called the meeting to order at 5:40 p.m. AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO §38-431.03(A)(4), FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY, PICKERING SEPARATION AGREEMENT.) ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Vice Mayor Dickey, Councilmembers Kehe, Leger, McMahan, Schlum and Archambault. Town Attorney Andrew McGuire was also present. Councilmember McMahan MOVED to convene the Executive Session and Councilmember Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present(7-0). Councilmember McMahan MOVED to adjourn the Executive Session at 6:32 p.m. and Councilmember Schlum SECONDED the motion, which CARRIED UNANIMOUSLY by those present(7-0). AGENDA ITEM#2- RETURN TO SPECIAL SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Nichols called the meeting to order at 6:40 p.m. and proceeded with the Pledge of Allegiance. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Mayor Nichols, Councilmember Kehe, Councilmember Leger, Councilmember McMahan, Councilmember Schlum, Councilmember Archambault and Vice Mayor Dickey. Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. AGENDA ITEM #3 - CONSIDERATION AND POSSIBLE ACTION REGARDING TOWN MANAGER TIM PICKERING'S SEPARATION AGREEMENT. Mayor Nichols stated that this was a Special Session of the Council to discuss the separation agreement and to possibly take action. He advised that anyone who wished to speak should talk on the topic as listed on the agenda. Town Attorney McGuire gave a brief overview of the current situation stating that based upon the Town Manager's review the Council, which had taken place over several meeting he had went forward with the preparation of a separation agreement, which was based upon and tracked Mr. Pickering's 2002 employment agreement and tracked along the termination clause without cause. He commented that this action was a mutually agreed upon parting of the ways that was in the best interest of the employee and the 1 Town to discontinue the employee's current service position. z:\council packets\2007\r12-20-07\11-27-07 sp and ex minutes.doc Page 1 of 2 Mayor Nichols MOVED to approve the separation agreement between the Town of Fountain Hills and Tim Pickering and Councilmember Archambault SECONDED the motion. Mayor Nichols asked Ms. Bender if there were any speakers, to which she responded that two speaker cards had been submitted. Jim Judge declined to speak. Bruce Florence thanked the Council for calling this meeting and the action that appeared might be taken by the motion on the floor. He noted that he spoke for many residents when he said that they would work with the Council in positive ways to make this transition period better in order to restore, rebuild, and revitalize the relationship between the governed and those who govern. He asked they establish and maintain an open communication as together they would make remarkable progress. He thanked the Council for what they were doning. The motion CARRIED UNANAIMOUSLY(7-0). AGENDA ITEM #4 - CONSIDERATION AND POSSIBLE ACTION REGARDING APPOINTMENT OF AN INTERIM TOWN MANAGER. Vice Mayor Dickey MOVED to appoint Kate Zanon as Interim Town Manager and to authorize the Mayor to work with the Town Attorney to negotiate a letter of understanding covering this interim period and Councilmember Archambault SECONDED the motion. Jim Judge and Bruce Florence declined to speak. The motion CARRIED UNANAIMOUSLY(7-0) AGENDA ITEM#5 - ADJOURNMENT. Councilmember Leger MOVED to adjourn the Spec' Session at 6:46 p.m. and Councilmember McMahan SECONDED the motion, which CARRIED UNA OUSLY(7-0). TOWN 0 TAIN HILL By Wa y N'ch Mayor ATTEST AND PREPARED BY: Bevelyn J. B de ,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive and Special Session held by the Town Council of Fountain Hills on the 27th day of November 2007. I further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of December 2007. Bevelyn J. B er, own Clerk z:\council packets\2007\r12-20-07\11-27-07 sp and ex minutes.doc Page 2 of 2