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Executive Session Item 7. A.

Regular BOS Meeting

Meeting Date:	02/18/2020
Submitted By:	Jefferson Dalton, Deputy County Attorney, Civil Bureau Chief
Department:	County Attorney

Information

Request/Subject

The County Attorney requests that the Board of Supervisors vote to go into executive session under A.R.S. section 38-431.03(A)(3) & (4) regarding the Mutual Release and Settlement Agreement entered into on or about May 1, 2019 between Gila County, Ray Stephens, Jr., and Julie La Magna.

Background Information

On May 6, 2014, the Board of Supervisors approved Conditional Use Permit No. 14-02 for Ray Stephens, Jr. to make wine in the basement of his residence located at 3465 Harps Way in Pine, Arizona. At least by July 2017, Mr. Stephens began offering wine tours with onsite wine consumption and retail wine sales at the Harps Way property. On July 28, 2017, Gila County Code Enforcement opened a complaint for the zoning violation of offering wine consumption and sales in a R1 zoned district without an approved Conditional Use Permit. This complaint progressed through the complaint procedure process including a hearing in front of the Hearing Officer, an appellate review before the Board of Supervisors, and lastly, in Superior Court. The County also brought an action in the Superior Court to enjoin wine retail activities on the property. The County, Mr. Stephens, and Julie La Magna entered into a mutual release and settlement agreement on or about May 1, 2019. The settlement agreement included the surrender of the Conditional Use Permit, the end of any liquor-related business on the property, and permitting or removal of the tree platform.

Evaluation

Ray Stephens, Jr. and Julie La Magna have not kept all of the promises they made in the settlement agreement.

Conclusion

The County Attorney's conclusion is that the Board would benefit from holding an executive session under A.R.S. section 38-321.02(A)(3) and (4) for discussion and consultation to obtain legal advice from the Board's attorneys and in order for the Board to consider its position and instruct its attorneys regarding its position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions in order to avoid or resolve litigation.

Recommendation

The County Attorney recommends that the Board vote to hold an executive session under A.R.S. section 38-431.03(A)(3) and (4) for discussion and consultation to obtain legal advice from the Board's attorneys and in order for the Board to consider its position and instruct its attorneys regarding the Board's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions in order to avoid or resolve litigation.

Suggested Motion

Information/Discussion/Action to vote to hold an executive session under A.R.S. § 38-431.03(A)(3) and (4) for discussion and consultation to obtain legal advice from the Board's attorneys regarding the Mutual Release and Settlement Agreement concerning Ray Stephens, Jr. and Julie La Magna, and in order for the Board to consider its position and instruct its attorneys regarding the Board's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation, or in settlement discussions in order to avoid or resolve litigation. (Jeff Dalton)

Attachments
SETTLEMENT AGREEMENT