EXECUTIVE SESSION - 080408EX.DOC
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EXECUTIVE SESSION August 4, 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 4, 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 Brock, 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. All members remained in session when the meeting reconvened at 11:00 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) PURCHASE, SALE OR LEASE OF REAL PROPERTY §ARS 38-431.03(A)(7) Potential real estate acquisition or development (E-19-09-014-9-00) Sandi Wilson, Deputy County Manager Joy Rich, Assistant County Manager Tom Manos, Chief Financial Officer Brian Hushek, Deputy Budget Director Jim Sadler, Outside Consultant John Wyss, Outside Consultant Pete Larkin, Outside Consultant, did not attend David LaMore, Outside Consultant, did not attend Chris Carrell, Outside Consultant Keith Lamerson, Outside Consultant, did not attend Dennis Lindsey, Real Estate Manager John Paulsen, Deputy County Attorney 2. SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION - §ARS 38-431.03(A)(4) LEGAL ADVICE - §ARS 38-431.03(A)(3) TP Racing v. Maricopa County, CV2007-008631 (E-19-09-016-3-00) Keith Russell, County Assessor Roberta Livesay, Outside Counsel Jean Rice, Deputy County Attorney 3. 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 -1- EXECUTIVE SESSION August 4, 2008 Rebecca Reyna-Campa v. MIHS (E-19-09-017-6-00) Chris Keller, Chief Counsel Daniel P. Jantsch, Outside Counsel Peter Crowley, Risk Manage\ Ted Howard, Claims Manager, Risk Management, did not attend 4. SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION - §ARS 38-431.03(A)(4) Graves v. Arpaio (f/k/a Hart v. Hill) CIV-1977-00479-PHX-NVW (E-19-09-015-3-00) Chris Keller , Chief Counsel Gary Strickland, Deputy County Attorney Jack MacIntyre, Sheriffs Office Betty Adams, Sheriff’s Office 5. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4) Land Use Restrictions Surrounding Luke Aux 1 (E-19-09-018-3-00) 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 Chiefs of Staff Latto, Candland, Bloom, Isham, Leija Chris Keller left the meeting and Dean Wolcott entered the meeting as Counsel to the Board. 6. 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 38-431.03(A)(7) 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-06-09-003-9-00) Tom Irvine, Outside Counsel Rebekah Francis, Outside Counsel Sandi Wilson, Deputy County Manager, did not attend Tom Manos, Chief Financial Officer, did not attend Shelby Scharbach, Deputy Chief Financial Officer, did not attend Brian Hushek, Deputy Budget Director Lee Ann Bohn, Deputy Budget Director Chiefs of Staff Latto, Candland, Bloom, Isham, Leija FLOOD CONTROL DISTRICT -2- EXECUTIVE SESSION August 4, 2008 F-1. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4) A Tumbling T Ranches v. Paloma Investment Limited Partnership; Flood Control District v. P.I.L.P. CV1995-000253; CV1997-007081 (E-19-09-013-3-00) Peter Crowley, Risk Manager, Risk Management Jeanie Bowman, Risk Management, did not attend John Helm, Outside Counsel, did not attend Roberta Livesay, Outside Counsel Michael Frazelle, Outside Counsel Julie Lemmon, Outside Counsel John Paulsen, Deputy County Attorney 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 -3-