Item A1
BOARD OF COUNTI' COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:__.-,,~.i1~J05~_
Division: County Attorney
"'* 8:30 A.M. CLOSED ATTOR"lEY-CLlENT SESSION ......
Bulk hem: Yes
No _)g...,._.
Depaltment: County Attornc;y
AGENDA ITEM \VORDING:
The Board win hold a Closed Attorney-Client Session of the BOCC on May 18,2005 at 8:30 a.m to discuss
settlement negotiations Of strategy sessions related to litigation expenditures in the case of Monroe COtltll)/ "-
Post, Huckley, Schuh & Jernigan.
ITEM BACKGROUND:
The County sued its fonner cnginl,,'ering firm fDf profcssional malpractice as a result of erroneous cost estimates that Post
Buckley prepared with respect to improvements to Card Sound Road. The County had relied on those estimates in its
deciSion to issue bonds to tinanee the rcpairs. The actual bids carne 111 substantially lower than the cost estimates which
resulted in the bouds being issued unnecessanly. lluough this suit. the County is attempting to recoup the costs it
erroneously expended as a result of Post Buckley's error.
This mattcr '\-..as tried to a verdict 10 fav"Of of the Coun~' in October 200 I. That verdict was rcversed 011 appeal due to an
erroneous jury instructIOn. In August of 2003. he Third DCA remandcd the case for a retrial. which is scheduled for June
6,200510 Key West. On April 4, 2005, Judge Payne denitXi Post Buckley's latest motion to dismiss.
Speclallitigation counsel WaY11c Smith adVised County statT to request the special sesSIOn prior to the June 6, 2005 trial
date in the event settlement discussions an: productive. The ani)' cost involved in a closed session would be the
advertising costs and court reporter's appearance and transcription fee.
PREVIOUS RELEVANT DaCC ACTION:
The Board discussed this case at various times during its 10 year history and autborized the payment of attornC!"s fees as
well as trial and appellate costs.
On April 20, 2005, the Board approved the scheduling ofa Closed Attome)'.Client Session of the HaeC on May 18,2005.
CONTRACT/AGREEMENT CHANGES: N/A
STAF.F RECOMMENDATIONS: Approval
TOTAL COST:
@,$10000
BUDGETED: Yes..2ili- No
COST TO COUNTY:
@$IOO.OO
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes No _~_ AMOUNT PER MONTH Year
APPROVED BY: C ounly At~ OMBIPurchasing __ Risk Mana~ement __
DIVISION DIRECTOR APPROVAL: ,/]I)L.i?-&tt( (j~ d 2-9/0" ___
~OHN R. COLLINS, C UNTY ATTORNEY
DOCUMENTATION: Included Not Required XX
DISPOSITION:
AGENDA ITEM #
Revised 2105
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
NOTICE OF ATTORNEY-CLIENT CLOSED SESSION
The Board of County Commissioners of Monroe County, Florida, pursuant to Section
286.011(8), Florida Statutes will hold a Closed Attorney-Client Session during a public meeting to be
held on Wednesday. Mav 18. 2005. at 8:30 A.M.. at the Key Largo Library, Tradewinds Shopping
Center, 101485 Overseas Highway, Mile Marker 101, Key Largo, Florida_
Those persons attending the Closed Session will be the County Commissioners, County
Administrator Thomas 1. Willi, County Attorney John R. Collins, Assistant County Attorney Bob
Shillinger, litigation counsel for the County Wayne Smith, Esq., and a certified court reponer. The
purpose of the Closed Session concerns pending litigation in the case of Monroe Countv I'. Post,
Buckler, Schuh & Jernigal~ in which the County is presently a party. At the end of this Closed
Session, the public portion of the meeting will be opened.
Dated at Key West, Florida, this 20th day of April, 2005.
Ot1ice of the County Attorney
pJ.lbl icatiott.91l1es
Reporter
Keynoter
Key We~t Citizen
5/6/2005
517/2005
5/8/2005
cc: Kathy Fegers
Monroe County Court Reporters