Item J1C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
June 20, 2018
Agenda Item Number: J.1
Agenda Item Summary #4239
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292 -3470
1:30 pm CLOSED SESSION
AGENDA ITEM WORDING: An Attorney- Client Closed Session in the matter of KW Resort
Utilities Rate Application, Florida Public Service Commission Docket No. 20170141 -SU.
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 Cynthia Hall, special litigation counsel John T. LaVia and
Robert Scheffel Wright of the law firm of Gardner Bist, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 5/16/18 (Pl): At the request of the County Attorney during his report, the BOCC approved
a closed session to be held June 20, 2018 in Key Largo, Florida at 1:30 p.m. or as soon thereafter as
may be heard
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Closed Session Mayor's Script KWRU BOCC 6 20 18 (5 17 18 kp)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Court reporter costs
Current Year Portion:
Budgeted: Yes
Source of Funds: 67501 - 530330
CPI: No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts: $0
Revenue Producing: No
Grant: No
County Match: No
Insurance Required: No
Additional Details:
If yes, amount:
REVIEWED BY:
Cynthia Hall
Completed
Bob Shillinger
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
05/18/2018 12:59 PM
05/22/2018 1:39 PM
05/23/2018 1:57 PM
06/20/2018 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. M
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, 2
Assistant County Attorney Cynthia Hall, special litigation counsel John T. LaVia and Robert Scheffel Wright of the en
law firm of Gardner Bist, 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 y,
and re -open the public meeting. This public meeting is now closed. c
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 a
Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 5/16/2018 that he needed advice in oo
the matter of KW Resort Utilities Rate Application, Florida Public Service Commission Docket No. 20170141 -
SU. At that meeting, the Board approved holding a closed session and public notice was given through public
announcement of the meeting at the 5/16/18 BOCC meeting and through publication of the 6/20/18 BOCC co
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meeting agenda on the County's website. CD
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