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Executive Session Item 8. B.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| The Gila County Attorney's Office requests an executive session with the Gila County Board of Supervisors regarding a liquor license application for Below the Rim Meadery submitted by Robert K. Mitchell, Jr., as agent for Below the Rim Meadery; a development plan proposal submitted by Robert K. Mitchell, Jr. in April 2018; a complaint for injunctive relief filed by Robert and Angela Mitchell; and a complaint for declaratory relief filed by Rivers Edge Payson, LLC (Real Parties in Interest: Robert and Angela Mitchell). |
| Background Information |
Robert Mitchell, agent for Below the Rim Meadery, desiring to manufacture, sell, and deal in spirituous liquors, made application to the Director of the Arizona Department of Liquor Licenses and Control for a liquor license. On May 14, 2018, the Gila County Board of Supervisors entered its order and recommended the State Liquor Board's disapproval of the application. On May 15, 2018, the Board of Supervisors affirmed that action. The matter is now pending before the State Liquor Board.
In April 2018, Mr. Mitchell submitted a proposed development plan for the establishment of a winery.
In June 2018, Mr. and Mrs. Mitchell filed a complaint for injunctive relief in the Superior Court of Arizona, for Gila County, seeking an order of the court requiring the Board of Supervisors to withdraw its recommendation of disapproval of the liquor license. This case has been dismissed.
In February 2018, Rivers Edge Payson, LLC (Real parties in interest Mr. and Mrs. Mitchell) filed a complaint for declaratory action against Gila County seeking an order to abate a public easement on their property. |
| Evaluation |
| Mr. and Mrs. Mitchell have made a settlement proposal with regard to the liquor license application. The County Attorney's Office needs to present the matter to the Board; give the Board legal advice; and receive instructions from the Board. The County Attorney's Office needs to consult with the Board regarding all of the matters. |
| Conclusion |
| The Gila County Attorney's Office recommends that the Gila County Board of Supervisors vote to go into executive session for the purpose of discussion or consultation with its attorney or attorneys in order to consider its position regarding the liquor license application of Robert K. Mitchell as agent for Below the Rim Meadery, the site development proposal for the winery, the lawsuit for injunctive relief which has been dismissed, and the compliant for declaratory relief, and instruct its attorneys regarding its position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation and for discussion or consultation for legal advise with its attorneys under A.R.S. Section 38-431.03(3) and (4). |
| Recommendation |
| The Gila County Attorney's Office recommends that the Gila County Board of Supervisors vote to go into executive session for the purpose of discussion or consultation with its attorney or attorneys in order to consider its position regarding the liquor license application of Robert K. Mitchell as agent for Below the Rim Meadery), the site development proposal for the winery, the lawsuit for injunctive relief which has been dismissed, and the compliant for declaratory relief, and instruct its attorneys regarding its position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation and for discussion or consultation for legal advise with its attorneys under A.R.S. Section 38-431.03(3) and (4). |
| Suggested Motion |
| Information/Discussion/Action to consider voting to go into executive session for the purpose of discussion or consultation with its attorney or attorneys in order to consider its position regarding the liquor license application of Robert K. Mitchell, Jr., agent for Below the Rim Meadery, the site development plan proposal for the winery, the lawsuit for injunctive relief, and the complaint for declaratory relief and instruct its attorneys regarding its position regarding pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation and for discussion or consultation for legal advice with its attorneys under A.R.S. Section 38-431.03(3) and (4). (Jeff Dalton) |
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