Item J1M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
Th e Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
January 17, 2018
Agenda Item Number: J.1
Agenda Item Summary #3691
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289 -2584
9:35 AM CLOSED SESSION (& 2 PM IF NECESSARY)
AGENDA ITEM WORDING: 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.
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 (by phone), 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:
BOCC 12/13/2017 (04) approved holding at least one Closed Session on January 17, 2017 in
Marathon beginning at 9:00 A.M., or as soon thereafter as may be heard.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Closed Session Script DENENBERG V MCC BOCC 1 17 18 (12 4 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
12/14/2017 1:25 PM
12/20/2017 4:52 PM
12/22/2017 10:45 AM
01/17/2018 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 e
estimated that this meeting will take approximately thirty (30) minutes. The persons attending the meeting will
to
be the County Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger,
Assistant County Attorneys Derek Howard, Peter Morris and Steve Williams and a certified court reporter.
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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 Le
Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 12/13/2017 that he needed advice in
the matter of Denenberg v. Marine Mammal Conservancy, Inc., et al., Circuit Court Case 14 -CA- 364 -P. At that
meeting, the Board approved holding at least one closed session at 9:00 A.M., or as soon thereafter as may be
heard, and depending on the results of the Clerk's sale also scheduled for 1/17/18, approved holding a second
closed session later in the day if necessary. It was also noted and approved that Mr. Morris may possibly appear
by telephone. Public notice was given through public announcement of the meeting at the 12/13/17 BOCC
meeting and through publication of the 1/17/18 BOCC 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