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Special Meeting Minutes Wednesday, April 09, 2014 Board Members 9:30 AM Denny Barney, Chairman, District 1 Steve Chucri, Vice Chairman, District 2 BOARD OF SUPERVISORS Andrew Kunasek, District 3 Maricopa County, Arizona Clint Hickman, District 4 (and the Boards of Directors of the Flood Control Mary Rose Wilcox, District 5 District, Library District, Stadium District, Improvement Districts, Housing Authority of Maricopa County, Housing Authority of Maricopa County and/or Board of County Manager Deposit) Tom Manos Clerk of the Board Fran McCarroll "The mission of Maricopa County is to provide regional leadership and fiscally responsible, necessary Meeting Location public services to its residents so Sullivan Conference Room they can enjoy living in healthy 301 W. Jefferson, 10th Floor and safe communities” Phoenix, AZ 85003 BOARD OF SUPERVISORS The Board of Supervisors of Maricopa County, Phoenix, Arizona, convened in Special Session at 9:30 AM on Wednesday, April 09, 2014, in the Sullivan Conference Room, 301 W. Jefferson, 10th Floor, Phoenix, AZ 85003, with the following members present: Denny Barney, Chairman, District 1; Steve Chucri, District 2; Andrew Kunasek, District 3; Clint Hickman, District 4; Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Tom Manos, County Manager; and Michelle Wood, Legal Counsel. Minutes compiled by Maria Armstrong, Minutes Coordinator. NOTE: Agenda item #1 was taken out of order and heard before agenda item #4. 1. EXECUTIVE SESSION Vote to convene in Executive Session to consider the items on the Special Executive Agenda dated April 09, 2014, for Board of Supervisors and relevant Special Districts pursuant to the statutory authority listed for each item. OPEN SESSION 2. LEGAL ACTION REGARDING BRUCE AND PAMELA DEAN - V200901773 & V200901774 Request to file suit against Bruce & Pamela Dean seeking an order declaring the property, two undeveloped parcels (219-41-021F & 219-41-012H) located on the east side of 161st Way north of Dixileta Drive, to be a nuisance to be abated, for an injunction directing the owner to clean up the property, for an order affirming the monetary penalties imposed by the administrative hearing officer, and for other relief. This item was heard in executive session April 7, 2014. (C-44-14-081-M-00) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox Special Meeting Minutes Wednesday, April 09, 2014 Page 2 of 3 3. AMENDMENT TO LEASE AGREEMENT L-7396 WITH CREF LCP LLC Approve and authorize the Chairman to execute, Amendment No. 1 to Lease Agreement L-7396 (“Agreement”) with CREF LCP LLC as successor in interest to Lincoln Commerce Park II, Limited Partnership (“Lessor”) to extend the term of the Agreement for the County’s use of approximately 13,524 s.f. of shop and office space at 2145 S. 11th Avenue in Phoenix. Amendment No. 1 will extend the term of the agreement for five (5) years commencing February 1, 2015, and expiring January 31, 2019 2020 (NOTE: The Clerk made this correction prior to the vote.), unless terminated earlier through non-appropriation of funds or pursuant to A.R.S. 38-511 The annual NNN rental rates during the renewal term will be: Renewal Year 1: $6.60/s.f. plus rental tax; Renewal Year 2: $6.72/s.f. plus rental tax; Renewal Year 3: $6.84/s.f. plus rental tax; Renewal Year 4: $6.96/s.f. plus rental tax; Renewal Year 5: $7.08/s.f. plus rental tax. As part of Amendment No. 1, the Lessor, at the Lessee’s sole cost, will provide tenant improvements to the Premises at a cost not-to-exceed $31,800.00 plus applicable taxes. (C-85-07-021-4-02) Motion to approve by Supervisor Chucri, seconded by Supervisor Wilcox Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox NOTE: Agenda item #1 was taken out of order and heard prior to agenda item, #4. 1. EXECUTIVE SESSION Vote to convene in Executive Session to consider the items on the Special Executive Agenda dated April 09, 2014, for Board of Supervisors and relevant Special Districts pursuant to the statutory authority listed for each item. Motion to approve by Supervisor Wilcox, seconded by Supervisor Hickman Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox RECESS Chairman Barney recessed the Open Session to convene in Executive Session. RECESS/RECONVENE After discussion on item #1 on the Executive Session agenda Chairman Barney recessed the Executive Session and reconvened in Open Session. OPEN SESSION 4. CONSIDERATION OF SETTLEMENT REGARDING PAYMENT OF ACLU ATTORNEY Special Meeting Minutes Wednesday, April 09, 2014 Page 3 of 3 FEES AND COSTS Consider legal action in the federal case: 2:12-CV-01501-JAT-PHX with the ACLU regarding attorneys' fees and costs claim. This item heard in executive session April 9, 2014. (C-19-14-045-S-00) Bill Montgomery thanked those who worked on this settlement including Doug Irish, Thomas Liddy and Kenneth Mangum. Motion was made by Supervisor Chucri to approve the settlement of the ACLU’s claim for attorneys’ fees and costs by payment of $194,200.00. This amount is one-half of the negotiated total settlement of $388,400.00. The State of Arizona will pay the other half. The motion was seconded by Supervisor Wilcox. Ayes: Barney, Chucri, Kunasek, Hickman, Wilcox RECESS/RECONVENE Chairman Barney recessed the Open Session to reconvene in Executive Session to consider the remaining Executive Session items. MEETING ADJOURNED After discussion on the remaining Executive Session items, and there being no further business to come before the Board, the meeting was adjourned. ________________________________ Denny Barney, Chairman of the Board ATTEST: ______________________________ Fran McCarroll, Clerk of the Board