HELD
7/14/2009
A motion was made by Willis and 2nd by Ballard to
open the public hearing. Motion passed; unanimous
A motion was made by Ballard and 2nd by Tate to close
the public hearing. Motion passed; unanimous
A motion was made by Ballard and 2nd by Brimhall to
approve the Consent Agenda. Motion passed; unanimous
A motion was made by Porter and 2nd by Davis to adopt
Resolution #09-520 adopting a budget. Motion passed; unanimous
A motion was made by Whiting and 2nd by Porter that
Council approve the Agreement with the restaurant “The Skillet”
for the Snowflake Golf Course with the amendment under the
insurance section to add insurance requirement where name town
as additional insured and include waiver of subrogation wording
which waives the right for their insurance policy to subrogate
back against the town. Motion passed; unanimous
A motion was made by Ballard and 2nd by Brimhall that
the Town of Snowflake pay the invoice from Navajo County for
prosecution services with stipulation that it be called a
contribution. Motion passed; Ballard, Brimhall, Davis, Tate,
Whiting for—Willis, Porter against
A motion was made by Whiting and 2nd by Porter to
approve Resolution #09-516 petitioning Navajo County to Call an
Election on the Question of Consolidating the Town of Snowflake
and the Town of Taylor. Motion passed; Whiting, Porter,
Ballard, Willis, Tate, Brimhall for—Davis against
A motion was made by Ballard and 2nd by Porter to
approve Option 2; Motion failed for lack of vote
A motion was made by Ballard and 2nd by Porter to
approve items 1-5 below as recommended by the Attorney General’s
Office without an acknowledgement that the executive session
meetings violated the open meeting law and agree to have an
independent monitor of open meeting law compliance for a period
of two years. Motion passed; Ballard, Porter, Davis, Tate,
Brimhall for—Willis against—Whiting abstained
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Public
Discussion of Findings and Conclusions.
The Snowflake Town Council must be advised of and have an
opportunity to discuss the findings and conclusions described
above at the next meeting of the Snowflake Town Council. This
presentation and opportunity for discussion must be in an open
session. We ask that you provide us with a copy of the agenda
before the meeting and that you confirm that this discussion
took place and provide us with a copy of the minutes or a
recording of the meeting.
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Training.
The Council and city employees who are responsible for the
minutes, notices, or agenda items for council meetings attend
at least two open meetings law training sessions per year for
the next two years. One of the two annual training sessions
must be conducted by someone other than the town’s attorney,
and one of the two training sessions must focus on the
requirements for executive sessions.
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Minutes.
Those portions of the executive session minutes regarding the
sand and gravel ordinance and the acquisition of land for
sewage treatment plant expansion should be made available to
the public because they are not proper executive sessions.
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Acknowledgement of Violation or Independent Monitor.
The council must either acknowledge that open meeting law
violations occurred at the above-mentioned executive sessions
or have an independent monitor review open meeting law
compliance for a period of two years. Typically the Attorney
General’s Office requires an acknowledgement that a violation
occurred when their office resolves open meeting law cases
without litigation. However, the Attorney General’s Office
has given the town the option to resolve this matter without
litigation, if the town agrees to have an independent monitor
of open meeting law compliance for a period of two years in
addition to the items mentioned above in paragraphs 1,2,and
3. The monitor cannot be the town’s attorney and must be
approved by the Attorney General’s Office.
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Certification. For
a period of two years, the town attorney or open meeting law
monitor must certify annually to the Attorney General’s Office
that the council is complying with the open meeting law
