EXECUTIVE SESSION - 091508EX.DOC
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EXECUTIVE SESSION September 15, 2008, 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., September 15, 2008, in the Supervisors’ 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 and Mary Rose Wilcox, District 5. Absent: Don Stapley, District 2. 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 Wilson, 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 11:25 a.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) 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) General Motors Corporation v. Maricopa County, TX2005-050340 (E-19-09-038-3-00) Keith Russell, County Assessor Roberta Livesay, Outside Counsel Lisa Bowey, Outside Counsel 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) The Frank Lloyd Wright Foundation v. Maricopa County (E-19-09-037-6-00) Keith Russell, County Assessor Jean Rice, Deputy County Attorney Stephen Wolf, Deputy County Attorney 3. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4) Trust coverage issues related to special prosecutors in Lacey et. al. v. Arpaio et. al., CV08-00997- PHX-SRB (E-19-09-033-9-00) Peter Crowley, Risk Manager James Brophy, III, Outside Counsel Anne Longo, Deputy County Attorney -1- EXECUTIVE SESSION September 15, 2008, 2008 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) Susan Hawley; P & D DR#V2005-00273 (E-19-09-036-2-00) Joy Rich, Assistant County Manager, did not attend Darren Gerard, Deputy Planning and Development Director Steven Palmer, Deputy County Attorney 5.- 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) Louise Spinazzola; MCAO No. GN2008 0087 (E-19-09-035-4-00) David Browning, Tax Services Manager, Treasurer’s Office Steven Palmer, Deputy County Attorney 6.- 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) CONTRACTS SUBJECT TO NEGOTIATION - §ARS 38-431.03(A)(4) Maricopa County v. Nederlander Downtown, Inc. (E-19-09-034-6-00) Karen Stewart, Facility Coordinator, Maricopa County Events Center Wes Baysinger, Director, Materials Management William Scalzo, Consultant Shawn McLeran, Outside Counsel, did not attend Jeff Messing, Outside Counsel Kevin Costello, Deputy County Attorney Chief of Staff Isham MEETING ADJOURNED There being no further business to come before the Board, the meeting was adjourned. __________________________________ Andrew Kunasek, Chairman of the Board ATTEST: _______________________________ Fran McCarroll, Clerk of the Board -2-