EXECUTIVE SESSION - 101408EX.DOC
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EXECUTIVE SESSION October 14, 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 10:00 a.m., October 14, 2008, in the Supervisors’ Auditorium, 205 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 (entered late); Don Stapley, District 2 and Mary Rose Wilcox, District 5. Also present: Fran McCarroll, Clerk of the Board; Liz Evans, Minutes Coordinator; David Smith, County Manager and Victoria Mangiapane, Deputy County Attorney. 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 Brock, seconded by Supervisor Stapley, and unanimously carried (4-0-1) to recess into executive session, in the Tom Sullivan Conference Room, 301 West Jefferson, for the purpose of reviewing matters listed below pursuant to the listed statutory references. All members remained in session when the meeting reconvened at 12:14 p.m. Chris Keller replaced Ms. Mangiapane as counsel to the Board and Shirley Million replaced Ms. Evans as Minutes Coordinator for Executive Session. 1. LEGAL ADVICE - §ARS 38-431.03(A)(3) Legal Advice on pending Open Meeting Law Complaints (E-19-09-052-9-00) Chris Keller, Chief Counsel, Civil Division Victoria Mangiapane, Deputy County Attorney, Civil Division Rick Bohan, Government Relations ~ Supervisor Brock entered the meeting ~ 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) Terravita Country Club, Inc. v. Maricopa County, et al (E-19-09-047-3-00) Keith Russell, County Assessor Jerry Fries, Outside Counsel Jean Rice, 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) Camelback Esplanade Association v. Maricopa County (E-19-09-049-3-00) Keith Russell, County Assessor Jerry Fries, Outside Counsel Jean Rice, Deputy County Attorney 4. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4) PURCHASE, SALE OR LEASE OF REAL PROPERTY - §ARS 38- -1- EXECUTIVE SESSION October 14, 2008 431.03(A)(7) Potential acquisition of County property by ADOT (E-19-09-051-3-00) Tom Manos, Chief Financial Officer Dennis Lindsey, Real Estate Manager Richard Vanderheiden, Public Fiduciary Jean Rice, Deputy County Attorney Adrian Gough, Deputy County Attorney 5. 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 Metro Downtown Corporate Park, et al v. Schweikert, et al (E-19-09-053-3-00) Dave Browning, Tax Services Manager, Treasurer's Office Richard Garnett, Deputy County Attorney ~ Supervisor Wilson was out of the room for several minutes prior to #6 ~ 6. LEGAL ADVICE - §ARS 38-431.03(A)(3) Legal Advice Regarding NCCHC Accreditation Status (E-19-09-055-9-00) Sandi Wilson, Deputy Budget Director Betty Adams, Director, Correctional Health Services Jack MacIntyre, Deputy Chief, Sheriff's Office, did not attend Gary Strickland, Deputy County Attorney Peter Crowley, Risk Manager Kim Kant, Outside Attorney 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. CV2008-00997-PHX-SRB (E-19-09-054-3-00) Anne Longo, Deputy County Attorney Scott Zwillinger, Outside Counsel William Jones, Outside Counsel, did not attend Eileen Gilbride, Outside Counsel Peter Crowley, Risk Manager Trisha Rough, Adjuster, Risk Management David Hendershott, Chief Deputy, Sheriff's Office, did not attend 8. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4) State of Arizona v. Maricopa County CV2008-019301 & Maricopa County v. State of Arizona CV2008-019355 (E-19-09-048-3-00) Joy Rich, Assistant County Manager Diane Sikokis, Director, Government Relations, did not attend Richard Bohan, Liaison, Government Relations -2- EXECUTIVE SESSION October 14, 2008 Charles Kelhoffer, Outside Counsel Jean Rice, Deputy County Attorney Wayne Peck, Deputy County Attorney Tom Manos, Chief Financial Officer Chiefs of Staff Bloom, Candland, Latto, Isham, 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 3:15 p.m. -3-