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Executive Session Item 8. A.

Regular BOS Meeting

Meeting Date:	10/15/2019
Submitted For:	Jefferson Dalton
Submitted By:	Jefferson Dalton, Deputy County Attorney, Civil Bureau Chief
Department:	County Attorney

Information

Request/Subject

The Gila County Attorney requests that the Gila County Board of Supervisors hold an executive session under A.R.S. Section §38-431.03(A)(3) and (4) regarding the attached letter which was sent to the Gila County Planning and Zoning Commission dated September 18, 2019 from Michael J. Harper, attorney for Below the Rim Meadery, and regarding the application by Below the Rim Meadery for a site-development plan for a farm winery.

Background Information

The Gila County Planning and Zoning Commission held a public hearing on September 19, 2019, and considered a proposed amendment to the Gila County Zoning Ordinance. Prior to the hearing Michael J. Harper, attorney for Below the Rim Meadery, sent the attached letter to the commission. Mr. Harper appeared at the hearing as well as his client Robert K. Mitchell. Both spoke. Mr. Harper asserted that the proposed amendment would not be lawful and threatened a lawsuit against the County if it were enacted. Mr. Harper has represented the Meadery and Mr. Mitchell in efforts to obtain a site-development plan for a farm winery.

Evaluation

It is important that the Gila County Board of Supervisors have an executive session with the Gila County Attorney for discussion or consultation for legal advice to consider its position and instruct its attorneys regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.

Conclusion

Recommendation

The Gila County Attorney recommends that the Gila County Board of Supervisors hold an executive session with the Gila County Attorney for discussion or consultation for legal advice to consider its position and instruct its attorneys regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation under A.R.S. Section §38-431.03(A)(3) and (4).

Suggested Motion

Information/Discussion/Action: Vote to go into executive session pursuant to A.R.S. § 38-431.03(A)(3) and (4) for discussion and consultation for legal advice with its attorneys to consider its position and instruct its attorneys regarding its position regarding pending or contemplated litigation or in settlement discussions in order to avoid or resolve litigation regarding proposed amendments to the Gila County Zoning Ordinance considered on September 19, 2019, the attached letter sent to the Gila County Planning and Zoning Commission by Michael J. Harper, dated September 18, 2018, his objections to the proposed ordinance, and the application of the Below the Rim Meadery for a site-development for a farm winery. (Jeff Dalton)

Attachments
No file(s) attached.