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ARF- 4230

Executive Session Item 6. A.

Regular BOS Meeting

Meeting Date:	04/04/2017
Submitted For:	Jefferson Dalton	Submitted By:	Michael O'Driscoll, Director
Department:	Health & Emergency Management	Division:	Health Services

Information

Request/Subject

Consideration of United States of America V. ASARCO Consent Decree No. CV-15-2206-PHX-JZB.

Background Information

On 11/03/15, the United States of America and ASARCO agreed to a settlement outlined in the Consent Decree No. CV-15-2206-PHX-JZB. Section VII, page 45 of the Consent Decree identifies a Lead-Based Paint Abatement Project as one Environmental Mitigation Project listed in the settlement. Appendix A on page 93 of the Consent Decree describes in detail the Environmental Mitigation Projects listed in the agreement including, the Lead-Based Paint Abatement Project. The consent decree specifies that the Gila County Environmental Health Services program will receive $2,000,000 to perform Lead-Based Paint testing and abatement activities in Hayden/Winkelman once a Lead-Based Paint Abatement plan submitted by ASARCO has been approved by the EPA.

Evaluation

Due to the fact that Gila County Board of Supervisors were not officially consulted nor did they have the opportunity to discuss and/or approve the Lead-Based Paint Abatement Project prior to the approval of the United States of America V. ASARCO Consent Decree No. CV-15-2206-PHX-JZB, the Board should vote to go into executive session to receive legal advice from its attorney, consider its position in the Consent Decree, and instruct its attorney how to proceed pursuant to A.R.S. § 38-431.03(A)(3)-(4).

Conclusion

The County Attorney’s Office recommends that the Board should vote to go into executive session to receive legal advice from its attorney, consider its position in the United States of America V. ASARCO Consent Decree No. CV-15-2206-PHX-JZB, and instruct its attorney how to proceed pursuant to A.R.S. § 38-431.03(A)(3)-(4).

Recommendation

Suggested Motion

Information/Discussion/Action to vote to go into executive session to receive legal advice from its attorney regarding its position in the United States of America V. ASARCO Consent Decree No. CV-15-2206-PHX-JZB, and instruct its attorney how to proceed pursuant to A.R.S. § 38-431.03(A)(3)-(4). If the Board does go into executive session, the County Attorney’s Office suggests that after the Regular Meeting has been reconvened, the Board vote to instruct the County Attorney’s Office to proceed as directed in executive session.

Attachments
ASARCO Consent Decree No. CV-15-2206-PHX-JZB