EXECUTIVE SESSION - 081808EX.DOC

EXECUTIVE SESSION
August 18, 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.,
August 18, 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; 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 Stapley, seconded by Supervisor
Wilcox, and unanimously carried (5-0) 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. Supervisor Wilcox was present for the vote to go into executive session but did not attend the
meeting. All other members remained in session when the meeting reconvened at 11:55 a.m.. 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)
Paradise Palms Multi-Housing Limited Partnership v. Maricopa County (E-19-09-027-3-00)
Keith Russell, County Assessor
Stephen Wolf, Deputy County 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)
Life Time Fitness, Inc. v. Maricopa County (E-19-09-028-3-00)
Keith Russell, County Assessor
Kathy Patterson, Deputy County Attorney
Jean Rice, Deputy County Attorney
3. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
8-431.03(A)(4)
Premiere RV v. Maricopa County (E-19-09-026-3-00)
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) SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR
RESOLVE LITIGATION - §ARS 38-431.03(A)(4)
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EXECUTIVE SESSION
August 18, 2008
Empire International Telecommunications' Notice of Claim for Repairing Radio Tower Antenna
Atop the White Tank Mountains (E-19-09-021-6-00)
Tom Crosby, Manager of Wireless Systems, OET
Roberto Pulver, Deputy County Attorney
5. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4)
Maricopa County v. State of Arizona, CV2008-019355; and State of Arizona v. Maricopa County,
CV2008-019301 (E-19-09-029-3-00)
Joy Rich, Assistant County Manager
Chuck Kelhoffer, Outside Counsel
Kevin Costello, Deputy County Attorney
Jean Rice, Deputy County Attorney
Diane Sikokis, Director, Government Relations
Rick Bohan, Government Relations
Tom Manos, Chief Financial Officer
Chiefs of Staff Latto, Candland, Bloom, Isham
6. PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4) LEGAL ADVICE - §ARS
38-431.03(A)(3) SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR
RESOLVE LITIGATION - §ARS 38-431.03(A)(4)
Pacific Proving LLC v. Maricopa County (E-19-09-025-6-00)
Kenny Harris, P.E., Assistant County Manager, did not attend
John Hauskins, P.E. , Director, Department of Transportation
Mike Wilson, Real Property Manager, Public Works
Jean Rice, Deputy County Attorney
Adrian Gough, Deputy County Attorney
7. CONTRACTS SUBJECT TO NEGOTIATION - §ARS 38-431.03(A)(4) LEGAL ADVICE - §ARS
38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4)
Maricopa County v. Nederlander Downtown, Inc. (E-19-09-024-5-00)
Karen Stewart, Facility Coordinator, Maricopa County Events Center
William Scalzo, Outside Consultant
Shawn McLeran, Outside Counsel
Jeffrey Messing, Outside Counsel, did not attend
Wes Baysinger, Director, Materials Management
Kevin Costello, Deputy County Attorney
8. LEGAL ADVICE - §ARS 38-431.03(A)(3) - CONTINUED
Maricopa County Roadway/Livestock Incident Mitigation Policy (E-19-09-023--00)
Kenny W. Harris, P.E., Assistant County Manager
John Hauskins, P.E., Director, Department of Transportation
Nicolaas Swart, Traffic Management Division Manager, Department of Transportation
John Paulson, Deputy County Attorney
Domingos Santos, Deputy County Attorney
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EXECUTIVE SESSION
August 18, 2008
9. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4) - CONTINUED
Legal advice on the Treasurer's tax statement funding request for additional $600,000 (E-06-09-
005-9-00)
Wade Swanson, Outside Counsel
Tom Irvine, Outside Counsel
Rebekah Francis, Outside Counsel
Sandi Wilson, Deputy County Manager
Brian Hushek, Deputy Budget Director
Lee Ann Bohn, Deputy Budget Director
10. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4)
Legal advice on IT personnel related to the Treasurer's Office, and the opinion issued by the
County Attorney regarding IT functions (E-19-09-019-9-00)
Wade Swanson, Outside Counsel
Tom Irvine, Outside Counsel
Rebekah Francis, Outside Counsel
Sandi Wilson, Deputy County Manager
Brian Hushek, Deputy Budget Director
Lee Ann Bohn, Deputy Budget Director
Victoria Mangiapane left the meeting and Dean Wolcott entered the meeting as Outside Counsel to
the Board at 2:20 p.m.
11. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4)
Flach v. the Maricopa County Board of Supervisors; CV2006-052611, Counterclaim and Third Party
Claim, in consolidated case CV2006-014285 (Hoskins v. Flach) (including related appeals); and
Maricopa County v. Sandra E. Dowling and Dennis R. Dowling; CV2006-011451 (E-06-09-004-6-00)
Tom Irvine, Outside Counsel,
Rebekah Francis, Outside Counsel
Sandi Wilson, Deputy County Manager
Tom Manos, Chief Financial Officer
Shelby Scharbach, Deputy Chief Financial Officer
Brian Hushek, Deputy Budget Director
Lee Ann Bohn, Deputy Budget Director
Chiefs of Staff Latto, Candland, Bloom Isham
MEETING ADJOURNED
There being no further business to come before the Board, the meeting was adjourned at 2:45 p.m.
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EXECUTIVE SESSION
August 18, 2008
__________________________________
Andrew Kunasek, Chairman of the Board
ATTEST:
_______________________________
Fran McCarroll, Clerk of the Board
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