EXECUTIVE SESSION VOTE TO CONVENE IN EXECUTIVE SE - NOVEMBER 6, 2008 EXECUTIVE AGENDA.DOC

EXECUTIVE SESSION
November 6, 2008
C O N F I D E N T I A L
The Board of Supervisors of Maricopa County, Arizona convened in Informal Session at 9:00 a.m.,
November 6, 2008, in the Tom Sullivan Conference Room, 301 W. Jefferson, Phoenix, Arizona, with the
following members present: Andrew Kunasek, Chairman, District 3; Max W. Wilson, Vice Chairman,
District 4; Fulton Brock, District 1; Don Stapley, District 2 and Mary Rose Wilcox, District 5. Also present:
Lori Pacini, Deputy Clerk of the Board; Shirley Million, Minutes Coordinator; Sandi Wilson, Deputy County
Manager and Chris Keller, Chief Counsel, Civil Division. Votes of the Members will be recorded as
follows: aye-nay-absent-abstain.
EXECUTIVE SESSION CALLED
Pursuant to A.R.S. §38-431.03, et.al., motion was made by Supervisor Wilson, seconded by Supervisor
Stapley, and unanimously carried (5-0) to recess into executive session for the purpose of reviewing matters
listed below pursuant to the listed statutory references. All members remained in session when the meeting
reconvened at 9:10 a.m.
1. LEGAL ADVICE - §ARS 38-431.03(A)(3) SETTLEMENT DISCUSSIONS CONDUCTED IN
ORDER TO AVOID OR RESOLVE LITIGATION - §ARS 38-431.03(A)(4) PENDING OR
CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4)
Ari Central v. Maricopa County, TX2007-000440 (E-19-09-064-6-00)
Keith Russell, County Assessor
Logan Elia, Outside Counsel, Gust Rosenfeld Tax Attorney
Jean Rice, Deputy County Attorney
2. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4) SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR
RESOLVE LITIGATION - §ARS 38-431.03(A)(4)
Pinnacle Peak Country Estates, Inc., et al v. Maricopa County, TX2007-000549 (E-19-09-063-6-00)
Keith Russell, County Assessor
Jean Rice, Deputy County Attorney
Stephen Wolf, Deputy County Attorney
3. LEGAL ADVICE - §ARS 38-431.03(A)(3) SETTLEMENT DISCUSSIONS CONDUCTED IN
ORDER TO AVOID OR RESOLVE LITIGATION - §ARS 38-431.03(A)(4) PENDING OR
CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4)
Life Time Fitness, Inc. v. Maricopa County (E-19-09-065-6-00)
Keith Russell, County Assessor
Jean Rice, Deputy County Attorney
4. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4) SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR
RESOLVE LITIGATION - §ARS 38-431.03(A)(4)
Claim of Titan Power, Inc. (E-19-09-044-9-00)
Kenny Harris, Assistant County Manager, Public Works
Ken Proksa, Deputy Public Works Director, Public Works
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EXECUTIVE SESSION
November 6, 2008
John Paulsen, Deputy County Attorney
RECESS EXECUTIVE SESSION
Chairman Kunasek recessed Executive Session at 9:55 a.m. for the scheduled Informal Board Meeting.
RECONVENE EXECUTIVE SESSION
Chairman Kunasek reconvened Executive Session at 11:15 a.m.. All Board Members remained in
session. Also present were Fran McCarroll, Clerk of the Board, replacing Lori Pacini; and David Smith,
County Manager, replacing Sandi Wilson.
5. SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE
LITIGATION - §ARS 38-431.03(A)(4) LEGAL ADVICE - §ARS 38-431.03(A)(3)
Maricopa County v Allan and Heidi Sherman (E-19-09-061-6-00)
Darren Gerard, Deputy Planning Director, Planning and Development
Kevin Costello, Deputy County Attorney
6. SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE
LITIGATION - §ARS 38-431.03(A)(4) PENDING OR CONTEMPLATED LITIGATION - §ARS 38-
431.03(A)(4) LEGAL ADVICE - §ARS 38-431.03(A)(3)
Estate of Robert Cotton, deceased v. MCSO, Joseph Arpaio, Maricopa County Sheriff (E-19-09-
058-3-00)
Peter Crowley, County Risk Manager
Ted Howard, Claims Manager, Risk Management Department
Jack MacIntyre, Deputy Chief, Sheriff’s Office
Sherle Flaggman, Deputy County Attorney
Laurence Tinsley, Jr., Deputy County Attorney
NOTE: At 12:10 p.m. Chris Keller was replaced by Anne Longo, Assistant Chief Counsel, as
counsel to the Board for the following case.
7. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4)
Lacey et. al. vs. Arpaio et. al., No. CV08-00997-PHX-SRB (E-19-09-056-3-00)
Tim Casey, Outside Counsel
Anne Longo, Deputy County Attorney
Peter Crowley, County Risk Manager
Trisha Rough, Risk Management Adjuster, Risk Management Department
NOTE: at 12:30 p.m. Anne Longo was replaced by Dean Wolcott, Outside Counsel to the Board for
the next two agenda items.
10. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4)
Stapley v Dowling CV2007-11451 (E-06-09-012-3-00)
Tom Irvine, Outside Counsel
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EXECUTIVE SESSION
November 6, 2008
James Brophy, Outside Counsel
Tom Manos, Chief Financial Officer
Peter Crowley, County Risk Manager
Sandi Wilson, Deputy County Manager
Chiefs of Staff Bloom, Isham, Candland, Leija, sanctioned to attend by the Chairman to facilitate
future interaction with constituents
EXECUTIVE SESSION RECESSED
Chairman Kunasek recessed Executive Session at 12:55 p.m. for the scheduled Formal Meeting.
EXECUTIVE SESSION RECONVENED
Chairman Kunasek reconvened Executive Session at 4:30 p.m. with all of the above remaining in session
except Supervisor Stapley, who was excused for the remainder of this meeting.
11. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4)
Charles Hoskins v. Maricopa County Board of Supervisors; CV2008-022513 (E-06-09-013-3-00)
Wade Swanson, Outside Counsel
Tom Irvine, Outside Counsel
Rebekah Francis, Outside Counsel, did not attend
Sandi Wilson, Deputy County Manager
Tom Manos, Chief Financial Officer
Brian Huskek, Deputy Budget Director, did not attend
Lee Ann Bohn, Deputy Budget Director
Elizabeth Yaquinto, Director, Workforce Management and Development, did not attend
Steve Wetzel, Chief Information Officer, Office of Enterprise Technology, did not attend
Diane Sikokis, Director, Government Relations, sanctioned to attend by the Chairman to facilitate
future interaction with constituents
Rick Bohan, Government Relations, sanctioned to attend by the Chairman to facilitate future
interaction with constituents
Chiefs of Staff Candland, Bloom, Isham, Leija, sanctioned to attend by the Chairman to facilitate
future interaction with constituents
NOTE: Dean Wolcott left the meeting and Chris Keller entered the meeting to resume his seat as
Counsel to the Board.
8. LEGAL ADVICE - §ARS 38-431.03(A)(3) CONTRACTS SUBJECT TO NEGOTIATION - §ARS
38-431.03(A)(4) PURCHASE, SALE OR LEASE OF REAL PROPERTY - §ARS 38-431.03(A)(7)
Potential exchange of downtown real property (E-19-09-062-9-00)
Sandi Wilson, Deputy County Manager
Tom Manos, Chief Financial Officer
Kenny Harris, Assistant County Manager, Public Works
Dennis Lindsey, Real Estate Manager
Chris McNichol, Outside Counsel
Adrian Gough, Deputy County Attorney
Chiefs of Staff Candland, Bloom, Isham, Leija, sanctioned to attend by the Chairman to facilitate
future interaction with constituents
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EXECUTIVE SESSION
November 6, 2008
9. LEGAL ADVICE - §ARS 38-431.03(A)(3) PURCHASE, SALE OR LEASE OF REAL
PROPERTY - §ARS 38-431.03(A)(7)
Potential real estate acquisition or development (E-19-09-059-9-00)
Tom Manos, Chief Financial Officer
Joy Rich, Assistant County Manager, Regional Development Services, did not attend
Daren Frank, Administrative Director, Regional Development Services
Brian Hushek, Deputy Budget Director, did not attend
Dennis Lindsey, Real Estate Manager
John Paulsen, Deputy County Attorney, did not attend
Adrian Gough, Deputy County Attorney
Chiefs of Staff Candland, Bloom, Isham, Leija, sanctioned to attend by the Chairman to facilitate
future interaction with constituents
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned at 5:30 p.m.
__________________________________
Andrew Kunasek, Chairman of the Board
ATTEST:
_______________________________
Fran McCarroll, Clerk of the Board
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