Agenda

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ARF- 4736

2. E.

Work Session

Meeting Date:	01/30/2018
Submitted By:	Athena Gooding, Legal Secretary, Lead
Department:	County Attorney

Information

Request/Subject

Ray Stephens and Julie La Magna, owners and operators of Trident Winery - Ongoing Violations of the Gila County Zoning Ordinance.

Background Information

On September 8, 2017, a hearing was conducted by Hearing Officer Donald Voakes on Gila County Community Development Division Complaint No. CP1705-005. The case involved a violation of Gila County's Zoning Ordinance by Ray Stephens and Julie La Magna, owners and operators of Trident Winery in Pine, Arizona. At the conclusion of the hearing, Hearing Officer Voakes ruled in favor of the Community Development Division and a Final Judgment was issued.

On October 31, 2017, the Board of Supervisors held an appellate review hearing to affirm, modify, or reverse the decision of the Gila County Hearing Officer regarding this case and voted unanimously to uphold the Hearing Officer's decision.

Since that time, Mr. Stephens and Ms. La Magna have not made any attempt to bring the violating property into compliance with the Gila County Zoning Ordinance.

Evaluation

The Gila County Attorney's Office needs the Board to timely consider this matter and give instructions regarding the Board's position regarding possible future legal actions.

Conclusion

The Gila County Attorney's Office needs the Board's instructions regarding the Board's position regarding possible future legal actions to be taken against Ray Stephens and Julie La Magna, owners and operators of Trident Winery.

Recommendation

The Gila County Attorney's Office recommends that the Gila County Board of Supervisors vote to go into executive session, under A.R.S. Section 38-431.03(A)(3)-(4), to discuss and consult with its attorneys regarding possible future legal actions to be taken against Ray Stephens and Julie La Magna, owners and operators of Trident Winery.

Suggested Motion

Information/Discussion/Action: Vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3)-(4) to discuss and consult with the attorneys for the Board of Supervisors regarding Ray Stephens and Julie La Magna, owners and operators of Trident Winery, consider its position, and receive legal advice from and instruct its attorneys regarding the public body's position in the matter, and after the regular meeting has been reconvened, move to direct its attorneys to proceed as directed in the executive session regarding this agenda item. (Jeff Dalton)

Attachments
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