Item K1
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BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
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BULK ITEM: DEPARTMENT:
No County Attorney's Office
TIME APPROXIMATE:STAFF CONTACT:
Peter Morris (305) 289-2584
1:30 P.M. CLOSED SESSION
AGENDA ITEM WORDING:
An 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 (possibly by phone), and Steve Williams and a certified court reporter.
The anticipated ct property on the Court House steps on January 17,2018
was cancelled due to the last minute filing for bankruptcy relief on January 16, 2018.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 12/13/2017 (O4)
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.
BOCC 1/17/2018 (J1)
As a result the
Board cancelled the scheduled 9:35 A.M. Closed Session (first of two) and continued the scheduled
2:00 P.M. Closed Session to February 21, 2018 in Key West, Florida at 1:30 PM or as soon
thereafter as may be heard.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
N/A
DOCUMENTATION:
REVISED Closed Session Script DENENBERG V MCC BOCC 2 21 18 (1 17 18 Continuance)
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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: If yes, amount:
N/A
Grant:
N/A
County Match
: N/A
Insurance Required:
N/A
Additional Details:
REVIEWED BY:
Peter Morris Completed 12/14/2017 1:25 PM
Bob Shillinger Completed 12/20/2017 4:52 PM
Kathy Peters Completed 12/22/2017 10:45 AM
Board of County Commissioners Completed 01/17/2018 9:00 AM
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Mayor’sScript
Forthe dayof ClosedSession
Thefollowingshould bereadattheappropriate pointduringthe dayof theclosed session.
1.Priorto going into closedsession.
Aclosedattorney-clientsessionpursuanttoSection286.011(8),FloridaStatutes,willnowbe held. Itis
estimatedthatthismeetingwilltakeapproximately thirty(30)minutes.Thepersonsattendingthemeetingwill
be the County Commissioners, CountyAdministrator Roman Gastesi,County AttorneyBobShillinger[[2401,723,2451,780][12][,I,][Times New Roman]],
Assistant CountyAttorneysDerek Howard, Peter Morris and Steve Williams and acertifiedcourt reporter.
Sincethelawprohibitsanyotherpersonfrombeingpresentattheclosedsession,thecommissioners,the
CountyAdministrator,theattorneysfortheCountyandthecourtreporterwillnowremaininthismeeting
room,andallotherpersonsare requiredtoleavetheroom. Whentheclosedsessionisover,wewillre-convene
and re-open the public meeting. This public meetingis now closed.
At thebeginning oftheclosed session.
2.
Inowcallthisclosedsessiontoorder. Fortherecord,thismeeting isbeingheldupontherequestoftheCounty
AttorneyBobShillingerwhoannouncedatapriorBOCCMeetingheldon12/13/2017thatheneededadvicein
thematterof[[426,1358,1574,1415][12][,I,][Times New Roman]]Denenberg v. Marine Mammal Conservancy, Inc., et al [[1538,1358,2040,1415][12][,,][Times New Roman]]., Circuit Court Case 14
[[2015,1358,2065,1415][12][,,][Times New Roman]]- [[2031,1358,2115,1415][12][,,][Times New Roman]]CA [[2101,1358,2151,1415][12][,,][Times New Roman]]- [[2117,1358,2218,1415][12][,,][Times
New Roman]]364 [[2193,1358,2243,1415][12][,,][Times New Roman]]- [[2209,1358,2259,1415][12][,,][Times New Roman]]P [[2279,1358,2450,1415][12][,,][Times New Roman]]At that
ò
meeting,theBoardapprovedholdingat least oneclosed session on 1/17/18 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 wasgiventhroughpublicannouncementofthemeetingatthe12/13/17
BOCCmeetingandthroughpublicationofthe1/17/18BOCC meetingagendaontheCounty’swebsite.The
anticipated Clerk’s sale of the subjectproperty on 1/17/18 was cancelleddue to alast minute filing for
bankruptcy relief. As a result, the Board cancelled the scheduled 9:35 AM Closed Session (one of two) and
continued the scheduled 2:00 P.M. Closed Session to the 2/21/18 BOCC meetingat 1:30 P.M., or as soon
thereafter as may be heard. Public notice was given through public announcement of the continuance at the
1/17/18 BOCC meeting and throughpublication of the BOCC 2/21/18 meeting agenda on the County’s website.
For the record, and the benefitof thecourt reporter, each of uswillstate our name and position starting
with thecommission.
(Afterallhaveidentifiedthemselves) –Thankyou.
Justasareminder,wewillonlybediscussingsettlementnegotiationsandstrategyrelatingtolitigation
expenditures.Wecannottakeanydecisiveactionatthismeeting.Wecanonlyprovideinformationand
direction to theattorneys. Anydecisions this Board makesconcerning thiscasemustbedonein ameeting open
to thepublic.
Let’s start ourdiscussionwith theCountyAttorney.
3. At theendoftheclosed session,prior to goinginto open session.
This closed session is now terminated andwewillnot reconvenein thepublicmeeting.
Afterthepublicsessionhas beenre-opened
4..
Theattorney–client session has been terminated, and wearenow re-openingthis public meeting.
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