EXECUTIVE SESSION - 072108EX.DOC

EXECUTIVE SESSION
July 21, 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., July
21, 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; 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 Wilcox, seconded by Supervisor
Wilson, 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 1:05 p.m.. Shirley Million
replaced Ms. Evans as Minutes Coordinator for Executive Session.
1. LEGAL ADVICE; PENDING OR CONTEMPLATED LITIGATION – A.R.S. §§38-431.03(A)(3)
AND (A)(4)
Compromise Cases (E-06-09-002-2-00)
Barbara Caldwell, Outside Counsel
Janelle Rodriquez
Frank Rodriquez
Susana Rodriquez
Domonick Portillo
2. 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 Real Estate Acquisition or Development
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
David LaMore, Outside Consultant
Chris Carrell, Outside Consultant
Michael McShea, Outside Consultant, did not attend
Keith Lammersen, Outside Consultant
Dennis Lindsey, Real Estate Manager
John Paulsen, Deputy County Attorney (E-19-09-012-5-00)
Chiefs of Staff Latto, Candland, Bloom, Isham
3. LEGAL ADVICE - §ARS 38-431.03(A)(3) PENDING OR CONTEMPLATED LITIGATION - §ARS
38-431.03(A)(4)
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EXECUTIVE SESSION
July 21, 2008
Lacey, Larkin, Phoenix New Times vs. Arpaio, MCSO, Wilenchik, Thomas, MCAO, CV2008-009080
Peter Crowley, Trust Administrator, Risk Management
Timothy Casey, Outside Counsel (E-19-09-007-3-00)
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)
Margarita Murillo v. Maricopa County Superior Court Case No. CV2007-922878
Sean Healy, Outside Counsel, did not attend
Peter Crowley, Risk Manager (E-19-09-008-3-00)
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)
Allen David Gutierrez Worker’s Compensation Matter Claim Number 2007528956
Peter Crowley, Risk Manager
Ted Howard, Claims Manager, Risk Management, did not attend
Laurence G. Tinsley, Jr., Deputy County Attorney, did not attend (E-19-09-001-6-00)
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)
Claim of Kayloni Peterson
David Hendershott, Chief, Sheriff's Office, did not attend
Jack MacIntyre, Deputy Chief, Sheriff's Office, did not attend
Peter Crowley, Risk Manager
Maria R. Brandon, Deputy County Attorney, did not attend (E-19-09-011-4-00)
7. PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4) LEGAL ADVICE - §ARS
38-431.03(A)(3)
Lincoln Trust Company NKA Fiserve Company FBO Kari Rovala v. Bayberry II, LLC et al. CV2008
051695
Joy Rich, Assistant County Manager, Regional Development Services
Timothy Alvine, Code Enforcement Supervisor, Planning and Development, did not attend
Kevin Costello, Deputy County Attorney (E-19-09-006-2-00)
8. PENDING OR CONTEMPLATED LITIGATION - §ARS 38-431.03(A)(4) LEGAL ADVICE - §ARS
38-431.03(A)(3) – CONTINUED
Luke Air Force Base Aux I Land Use Restrictions
Joy Rich, Assistant County Manager, Regional Development Services
Kevin Costello, Deputy County Attorney
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EXECUTIVE SESSION
July 21, 2008
Jean Rice, Deputy County Attorney, did not attend (E-19-09-010-3-00)
This item was continued to a special executive session on Wednesday, July 23, 2008.
At 3:45 p.m., Ms. Mangiapane left the meeting and Dean Wolcott entered the meeting as Outside
Counsel to the Board. All members remained in session
9. LEGAL ADVICE; PENDING OR CONTEMPLATED LITIGATION; PURCHASE, SALE OR
LEASE LEASE OF REAL PROPERTY – A.R.S. §§38-431.03(A)(3), (A)(4) AND (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
Tom Irvine, Outside Counsel, did not attend
Rebekah Francis, Outside Counsel
Sandi Wilson, Deputy County Manager
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, Bloom, Candland, Isham, Leija(E-06-09-001-6-00)
~ Supervisor Stapley left the meeting ~
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
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