Item O4C oun t y of Monr
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: 0.4
Agenda Item Summary #3618
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289 -2584
N/A
AGENDA ITEM WORDING: Request to hold at least one Attorney - Client Closed Session in the
matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA -364 -P
at the January 17, 2018 BOCC meeting in Marathon, Florida at 9 a.m. or as soon thereafter as may
be heard.
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 Attorneys
Derek Howard, Peter Morris, and Steve Williams and a certified court reporter.
Note, due to the anticipated Clerk's sale of the subject property on the Court House steps, more than
one closed session on this matter may be held on January 17
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Request for Closed- Session Script (REV BS 1127 17)
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: N/A
Revenue Producing: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
REVIEWED BY:
Peter Morris
Completed
Bob Shillinger
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
11/27/2017 2:01 PM
11/27/2017 4:03 PM
11/27/2017 4:16 PM
12/13/2017 9:00 AM
Request for Closed Session by County Attorney
For the record, Bob Shillinger, in my capacity as County Attorney for the Board of County
Commissioners of Monroe County.
As you are aware, the County is currently in litigation in the matter of Denenberg v
Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA- 364 -P. I need your advice
concerning the litigation and request that you schedule at least one private meeting.
The subject matter of this meeting will be confined to settlement negotiations and strategy
sessions related to litigation expenditures.
The persons to be in attendance at this closed meeting will be the County Commissioners,
County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County
Attorneys Derek Howard, Peter Morris, Steve Williams and a certified court reporter. Mr. Morris
may be appearing by telephone. By law, no other persons are permitted to be present at this
meeting. It is estimated this meeting will take approximately thirty (30) minutes.
As required by law, the court reporter shall record the times of commencement and
termination of the meeting, all discussions and proceedings, the names of all persons present at any
time, and the names of all persons speaking. No portion of the meeting will be "off the record ".
The court reporter's notes will be fully transcribed, sealed, and then filed with Kevin Madok, as
Clerk. The transcript shall be made part of the public record upon conclusion of the litigation.
It is requested that you schedule at least one closed meeting of the Board to be held at the
regularly scheduled meeting on January 17, 2017 in Marathon, FL at 9:00 a.m. or as soon
thereafter as may be heard. Depending on the results of the Clerk's sale that is scheduled for that
date, it may be necessary to hold a second closed session later in the day.