Item I4M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
October 18, 2017
Agenda Item Number: I.4
Agenda Item Summary #3285
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Christine Limbert (305) 292 -3470
3:05 PM Closed Session
AGENDA ITEM WORDING: An Attorney - Client Closed Session in the matter of In re: Energy3,
LLC, Case Number 17- 18986 -RAM.
ITEM BACKGROUND: Per F.S. 286.011(8), the subject matter of the meeting shall be confined
to settlement negotiations or strategy sessions related to litigation expenditures. Present at the
meeting will be the Commissioners, County Administrator Roman Gastesi, County Attorney Bob
Shillinger, Assistant County Attorney Christine Limb ert-B arrows, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 8/16/17 (0-3) BOCC scheduled a closed session in this matter on September 20, 2017 in
Key Largo, FL at 1:30 p.m. or as soon thereafter as may be heard
BOCC 9/27/17 (I1) The BOCC 9/20/17 meeting was cancelled due to Hurricane Irma. At their
BOCC 9/27/17 Special Meeting, the BOCC rescheduled the closed session for October 18, 2017 in
Marathon, FL at 3:05 P.M. or as soon thereafter as may be heard.
CONTRACT /AGREEMENT CHANGES:
no
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Closed Session Script Energy3 BOCC 10 18 17 (10 4 17 kp)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Court Reporter Costs
Current Year Portion:
Budgeted: Yes
Source of Funds: 67501 - 530330
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
N/A
n/a
REVIEWED BY:
Christine Limbert
Bob Shillinger
Kathy Peters
Board of County Commissioners
Completed
Completed
Completed
Completed
08/16/2017 5:08 PM
08/29/2017 4:25 PM
08/29/2017 4:30 PM
09/20/2017 9:00 AM
Mayor's Script
For the day of Closed Session
The following should be read at the appropriate point during the day of the closed session.
1. Prior to going into closed session.
A closed attorney - client session pursuant to Section 286.011(8), Florida Statutes, will now be held. It is
estimated that this meeting will take approximately thirty (30) minutes. The persons attending the meeting will
be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger,
Assistant County Attorney Christine Limbert- Barrows and a certified court reporter.
Since the law prohibits any other person from being present at the closed session, the commissioners, the
County Administrator, the attorneys for the County and the court reporter will now remain in this meeting
room, and all other persons are required to leave the room. When the closed session is over, we will re- convene
and re -open the public meeting. This public meeting is now closed.
2. At the beginning of the closed session.
I now call this closed session to order. For the record, this meeting is being held upon the request of the County
Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 8/16/2017 that he needed advice in
the matter of In re: Energy3, LLC, Case Number 17- 18986 -RAM. At that meeting, the Board approved holding
a closed session and public notice was given through public announcement of the meeting at the 8/16/17
BOCC meeting and through publication of the 9/20/17 BOCC meeting agenda on the County's website.
The BOCC 9/20/17 meeting was cancelled due to Hurricane Irma. At their BOCC 9/27/17 Special Meeting,
the Board rescheduled the closed session to be held at their 10/18/17 BOCC meeting. Public notice was given
through public announcement at the BOCC 9/27/17 special meeting and through publication of the BOCC
10/18/17 meeting agenda on the County's website.
For the record, and the benefit of the court reporter, each of us will state our name and position starting
with the commission.
(After all have identified themselves) — Thank you.
Just as a reminder, we will only be discussing settlement negotiations and strategy relating to litigation
expenditures. We cannot take any decisive action at this meeting. We can only provide information and
direction to the attorneys. Any decisions this Board makes concerning this case must be done in a meeting open
to the public.
Let's start our discussion with the County Attorney.
3. At the end of the closed session, prior to going into open session.
This closed session is now terminated and we will not reconvene in the public meeting.
4. After the public session has been re- opened.
The attorney — client session has been terminated, and we are now re- opening this public meeting
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