Item K2 K.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys ��� � � Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
January 20, 2021
Agenda Item Number: K.2
Agenda Item Summary #7161
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Derek Howard (305)292-3470
1:30 P.M. CLOSED SESSION
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Florida Keys
Aqueduct Authority, et. al. v. Florida Power and Light and Florida Department of Environmental
Protection, Division of Administrative Hearings Case Nos. 20-2967 and 20-2968.
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 and Cynthia Hall; outside counsel Andrew Baumann,
Lewis, Longman & Walker, P.A.; and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
11/17/20 (N5) BOCC continued the Attorney-Client Closed Session to December 9, 2020 in Key
Largo, FL at 1:30 P.M. or as soon thereafter as may be heard.
10/21/20 (L7) BOCC continued the Attorney-Client Closed Session to November 17, 20202 in
Key West, FL at 1:30 P.M. or as soon thereafter as may be heard.
9/16/20 (K7) BOCC continued the Attorney-Client Closed Session to October 21, 20202 in
Marathon, FL at 1:30 P.M. or as soon thereafter as may be heard with the caveat
that the County Attorney will be working toward identifying a date, time and
location for a special meeting for purposes of holding the closed session onsite.
8/19/20 (P2) BOCC scheduled an Attorney Client Closed Session to be held September 16,
2020 in Key Largo, FL at 1:30 P.M. or as soon thereafter as may be held.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
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K.2
DOCUMENTATION:
Closed Session Script(FKAA et al v FPL and FDEP) BOCC 12-08-20 (Rev. 11-19-20)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
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: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Derek Howard Skipped 08/31/2020 11:32 AM
Bob Shillinger Completed 08/31/2020 11:32 AM
Kathy Peters Completed 08/31/2020 11:56 AM
Board of County Commissioners Completed 09/16/2020 9:00 AM
Board of County Commissioners Completed 12/09/2020 9:00 AM
Board of County Commissioners Pending 01/20/2021 9:00 AM
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K.2.a
Mayor's Script
For the day of Closed Session
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The following should be read at the appropriate point during the day of the closed session.
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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 o
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 Attorneys Derek Howard and Cynthia Hall, outside counsel Andrew Baumann, Lewis, Longman is
&Walker,P.A., 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.
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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 8/19/20 that he needed advice in the d
matter of Florida Keys Aqueduct Authority, et. Al. v. Florida Power and Light and Florida Department of
Environmental Protection, Division of Administrative Hearings Case Nos. 20-2967 and 20-2968. At that
meeting, the Board approved holding a closed session and public notice was given through public announcement W2
of the meeting at the 8/19/20 BOCC meeting and through publication of the 9/16/20 BOCC meeting agenda
on the County's website. At the 9/16/20 meeting, the Board continued the closed session to the 10/21/20
CD
BOCC meeting and public notice was given through public announcement of the meeting at the 9/16/20 BOCC C4
meeting and through publication of the 10/21/20 BOCC meeting agenda on the County's website. At the
10/21/20 meeting, the Board continued the closed session to the 11/17/20 BOCC meeting and public notice was
given through public announcement of the meeting at the 10/21/20 BOCC meeting and through publication of
the 11/17/20 BOCC meeting agenda on the County's website. At the 11/17/20 meeting, the Board continued the
closed session to the 12/9/20 BOCC meeting and public notice was given through public announcement of the U_
meeting at the 11/17/20 BOCC meeting and through publication of the 12/9/20 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.
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(After all have identified themselves)—Thank you.
Just as a reminder, we will only be discussing settlement negotiations and strategy relating to litigation .2-
expenditures. We cannot take any decisive action at this meeting. We can only provide information and U)
direction to the attorneys. Any decisions this Board makes concerning this case must be done in a meeting open
to the public.
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Let's start our discussion with the County Attorney.
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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.
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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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