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Home My WebLink About04/26/2005 Special Council Meeting Minutes TOWN OF MARANA SPECIAL COUNCIL MEETING 13251 N. Lon Adams Road APRIL 26, 2005 - 7:00 P.M. PLACE AND DATE Marana Town Hall, 13251 N. Lon Adams Road, Marana, Arizona 85653 I. CALL TO ORDER By Vice Mayor Kai at 7:00 p.m. All Council Members were present except for Mayor Sutton, who was excused. II. GENERAL ORDER OF BUSINESS A. COUNCIL ACTION 1. Executive Session pursuant to A.R.S. §38-431.03(A)(3) and (4), to consult with the Town Attorney for legal advice relating to and arising as a result of United States District Court, District of Arizona, case number CROS 0826 TUC, and the Town's position and legal issues regarding an indemnification agreement with Mayor Bobby Sutton relating to the case. The Vice Mayor requested a motion to go into Executive Session. Council Member Escobedo made the motion, seconded by Council Member Blake, and it was unanimously approved at 7:02 p.m. 2. Resolution No. 2005-47: Relating to Mayor and Council; approving and authorizing the Vice Mayor to execute an indemnification agreement with Mayor Bobby Sutton, providing for payment of attorneys' fees and costs arising out of United States District Court, District of Arizona, case number CROS 0826 TUC, subject to certain conditions, and declaring an emergency (Frank Cassidy) At 7:32 p.m., the Council reconvened on the dais. Mr. Reuwsaat requested that Town Attorney Frank Cassidy describe the specifics of the indemnification agreement. Mr. Cassidy did so and noted that indemnification by the Town Code and by law is appropriate. Vice Mayor Kai asked for a Call to the Public, at which time the following persons came forward to speak on the agenda issue. Jim Shiner, owner of Lazy K Bar Guest Ranch, spoke in support of the indemnification agreement. Roxanne Ziegler, former Council Member, spoke on behalf of herself and other residents, requesting the resignation of the Mayor, effective immediately. Dan Sullivan, resident, spoke in support of the resolution. Bob McCrea, former Council Member, noted that the legal system, the best in the world, should be allowed to do its job. TOWN OF MARANA SPECIAL COUNCIL MEETING 13251 N. Lon Adams Road APRIL 26, 2005 - 7:00 P.M. Hurvie Davis, 9347 N. Wishing Star Drive, former Town Manager, noted that in his 40 years of public service experience, many elected officials and staff would not have been able to serve their communities unless they knew they would be held harmless through some kind of indemnification, and he recommended that the resolution be passed. A motion was made by Council Member Comerford and seconded by Council Member Escobedo to approve the resolution. Vice Mayor Kai asked the Town Clerk to poll each Council Member for the vote. All present voted "yes." Vice Mayor Kai then read a prepared statement in support of the Mayor, noting that he would be contributing personal funds to the Mayor's legal fund and asked that the Mayor's supporters do the same. Council Member Honea spoke in support of the Mayor, noting his good personal qualities as well as his services provided to all citizens. Council Member Blake noted that he was first elected to the Council at the same time Bobby Sutton was the first directly elected Mayor. He stated that the Mayor was always supportive and looked out for the best interests of the Town ofMarana. Council Member McGorray noted that Bobby Sutton is very community-minded. For several years, everything he did for the community was strictly volunteer. Council Member Comerford stated that she had known Bobby even before he became Mayor. She said that he cares deeply about the community, and it's important to remember everything this man has given to the community and move forward. Council Member Escobedo spoke in support of the Mayor and stated that he too will contribute personal funds for legal fees. He ended by stating that the Court will determine guilt or innocence. Upon motion by Council Member Escobedo and seconded by Council Member Comerford, the meeting was adjourned at 7:55 p.m. III. ADJOURNMENT Upon motion by Council Member Escobedo and seconded by Council Member Comerford, the meeting was adjourned at 7:55 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the special Council Meeting held on April 26, 2005 fu er certify that a quorum w~"',~ ~~~£,"'~~~ ~O~-~ ~ ~ S" !CORPORATE\. ~ _ :: c::oo :& _ - =SEAL= - ~ ':'40", S;: ~~~ 'N ~ AI [(J¡"I"\\\~ ~ ~~I.I;'!7' ....Cð'~~ ~/lun\\~