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Executive Session Item 7. B.

Regular BOS Meeting

Meeting Date:	04/07/2020
Submitted By:	Jefferson Dalton, Deputy County Attorney, Civil Bureau Chief
Department:	County Attorney
Fiscal Year:	2019-2020	Budgeted?:	No
Contract Dates Begin & End:	2019-2020	Grant?:	No
Matching Requirement?:	No	Fund?:	New

Information

Request/Subject

The Gila County Attorney's Office hereby requests that the Gila County Board of Supervisors ("Board") vote to go into executive session under A.R.S. section 38-431.03(A)(3) and (4) regarding the settlement agreement entered into on or about May 1, 2019 concerning Gila County Cause No. CV 20180037, Gila County v. Ray Stephens, Jr., and Gila County Cause No. PO400CV 20180010, Ray Stevens, vs. Gila County.

Background Information

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

Evaluation

The Gila County Attorney needs direction from the Board regarding this matter.

Conclusion

The Gila County Attorney recommends that the Board go into executive session regarding this matter.

Recommendation

The Gila County Attorney recommends that the Board vote to go into executive session regarding this matter.

Suggested Motion

Information/Discussion/Action to vote to go into executive session under A.R.S. § 38-431.03(A)(3) and (4) for discussion or consultation with the attorneys for the Gila County Board of Supervisors for legal advice and in order to consider its position and instruct its attorneys regarding its position in pending litigation, or in settlement discussions to be conducted in order to avoid or resolve litigation, in the matters of Gila County Cause No. CV 20180037, Gila County v. Ray Stephens, Jr., and Gila County Cause No. PO400CV 20180010, Ray Stevens, vs. Gila County. (Jefferson Dalton)

Attachments
No file(s) attached.