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Item E3 �s E.3 r`, 4 ' ' "tr, BOARD OF COUNTY COMMISSIONERS County of Monroe \,a� Mayor Michelle Coldiron,District 2 �1 nffllll Ma or 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 May 25, 2021 Agenda Item Number: E.3 Agenda Item Summary #3217 BULK ITEM: Yes DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470 To be held at the conclusion of the workshop. AGENDA ITEM WORDING: Attorney-Client Closed Session in the case of Scott Lewis and Disaster Solutions v. Monroe County, 16th Judicial Circuit Case No. 21-CA-258-K. ITEM BACKGROUND: On 4/16/2021, Disaster Solutions LLC and Scott Lewis filed a complaint in 16th Judicial Circuit, Case No. 21-CA-258-K. Legal staff desires direction from the Board on the case. 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 Robert Shillinger, Assistant County Attorney Cynthia Hall, outside counsel Jeff Hochman from the law firm of Johnson, Anselmo, and a certified court reporter. This closed session was requested at the 5/19/2021 BOCC meeting. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: N/A DOCUMENTATION: Day of Closed Session Script Lewis v. Monroe County FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: N/A Packet Pg.208 E.3 Total Cost to County: Court reporter costs Current Year Portion: Budgeted: Yes Source of Funds: 67501-530330 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: No Additional Details: REVIEWED BY: Cynthia Hall Completed 05/03/2021 1:35 PM Bob Shillinger Completed 05/03/2021 1:58 PM Purchasing Skipped 05/03/2021 1:57 PM Budget and Finance Skipped 05/03/2021 1:57 PM Maria Slavik Skipped 05/03/2021 1:57 PM Liz Yongue Completed 05/04/2021 11:11 AM Board of County Commissioners Pending 05/25/2021 10:30 AM Packet Pg.209 E.3.ai 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. 0 1. Prior to going into closed session. 0 A closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, will now be held. It is 0 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 Attorney Cynthia Hall, outside counsel Jeff Hochman from the law firm of 3 Johnson Anselmo, 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 o re-convene and re-open the public meeting. This public meeting is now closed. 0 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 r- Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 5/19/2021 that he needed advice in the matter of Scott Lewis and Disaster Solutions v. Monroe County, 16th Judicial Circuit Case No. 21-CA-258- K. At that meeting, the Board approved holding a closed session and public notice was given through public announcement of the meeting at the 5/19/21 BOCC meeting and through publication of the 5/25/21 BOCC meeting agenda on the County's website. a� 0 For the record, and the benefit of the court reporter, each of us will state our name and position starting 5 with the commission. T) (After all have identified themselves)—Thank you. Just as a reminder, we will only be discussing settlement negotiations and strategy relating to litigation 'r 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 .2 to the public. v� Let's start our discussion with the County Attorney. 0 0 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. 0 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. Packet Pg.210