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ARF- 4281 Executive Session Item     7. A.    
Regular BOS Meeting
Meeting Date: 04/18/2017  
Submitted For: Michael Scannell Submitted By: Marian Sheppard, Clerk of the Board
Department: County Manager  

Information
Request/Subject
Consideration of United States of America V.  ASARCO Consent Decree No. CV-15-2206-PHX-JZB.
Background Information
On April 4, 2017, the Board of Supervisors voted to go into executive session to obtain legal advice from its attorney regarding United States of America V.  ASARCO Consent Decree No. CV-15-2206-PHX-JZB. After the Board of Supervisors' Regular Meeting was reconvened on April 4th, the Board instructed the County Attorney's office to proceed as directed in the executive session.  

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
The Board of Supervisors needs the advice and direction of the County Attorney's Office with regard to future possible actions that pertain to the Consent Decree.
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
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).
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
No file(s) attached.

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