Item R21
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
T\.1eeting Date.___ 4/20/Qj Division: County/\ttQf.T!_~Y
Bulk Item: Yes
No xx
Department: CountyAttqfJ1Qy__
Staff Contact Person:_ Bob SbiWDg~[__
AGENDA ITEM WORDING:
Request for approval to schedule a closed attorney client session of the BOeC on May 18, 2005 to discuss
settlement negotiations or strategy sessions related to litigation expenditures in the case of Monroe COllnty I'.
POSI, Ruckley, Schuh & .1emixall
ITEM BACKGROUND:
The County sued its fonner engineering firm for professional malpractice as a result of erroneous cost estimates
that Post Buckley prepared with respect to improvements to Card Sound Road, The County had relied on those
estimates in its decision to issue bonds to finance the repairs_ The actual bids came in substantially lower than the
cost estimates which resulted in the bonds being issued unnecessarily, Through this suit, the County is
attempting to recoup the costs it erroneously expended as a result of Post Buckley's error.
This matter was tried to a verdict in favor of the County in October 200!. That verdict was reversed on appeal
due to an erroneous jury instruction. In August of 2003, he Third DCA remanded the case for a retriaC which is
scheduled for June 6, 2005 in Key West_ On April 4, 2005, Judge Payne denied Post Buckley's latest motion to
dismiss,
Special litigation counsel Wayne Smith advised County staff to request the special session prior to the June 6,
2005 trial date in the event settlement discussions are productive, The only cost involved in a closed session
would be the advertising costs and court rcporter's appearance and transcription fee
PREVIOUS RELEVANT BOCe ACTION:
The Board discussed this case at various times during its 10 year history' and authorized the payment of
attorney's fees as well as trial and appeJlate costs_
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval
TOT AL COST:
rW,$100.00
BUDGETED: Yes xx
No
COST TO COVNTY:
@$1 OQ,QQ___
SOURCE OF FUN OS:
REVENUE PRODUCI~G: Yes
No xx
AMOUNT PER MONTH
Year
APPROVED BY: County Attrt__ OMB/Purchasing _ Risk Management
DIVISION DIRECTOR APPROVAL: <-~: [\"j)"- ~ ~j~,}.~-.;_ __ (~n(;'~ \c)
JOHN R, COLLINS. COUNTY ATTORNEY
DOCl;MENTATION:
Included
Not Required XXXXX
DISPOSITION:
AGENDA ITEM #
Revised 2i05