Item P5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8/16/06
Division: County Attorney
Bulk Item: Yes
No -X....-
Department: County Attorn~
Staff Contact Person: Bob Shillimzer
AGENDA ITEM WORDING:
Approval to advertise and hold an Attorney-Client Closed Session in the matter of Florida Kevs
Citizens Coalition and Last Stand v. Department of Community Affairs and Monroe County. FL. Case
No. DOAH 06-2449GM.
ITEM BACKGROUND:
Two environmental groups, Florida Keys Citizens Coalition and Last Stand, have challenged the
Department of Community Affair's approval of five (5) Monroe County Ordinances implementing the
Tier System. The subject matter of the Closed Session will be confined to settlement negotiations and a
strategy session related to litigation expenditures. In that the Final Hearing in this matter is scheduled
for the week of September 11, 2006, the Closed Session is requested to be held at the next scheduled
BOCC meeting on September 6, 2006.
PREVIOUS RELEVANT BOCC ACTION:
On 3/15/2006 BOCC approved Ordinances 008-2006, 009-2006, 010-2006, 011-2006 and 013-2006.
On 7/19/06 BOCC approved the BOCC directed staff to vigorously defend the Challenge.
CONTRACVAGREEMENTCHANGES: N/A
STAFF RECOMMENDATIONS:
Approval to hold Closed Session on September 6,2006 at 4:30 p.m..
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -L
DIVISION DIRECTOR APPROVAL:
S
DOCUMENTATION:
Included
Not Required _
AGENDA ITEM #7 5
DISPOSITION:
Revised 2/05
Request for Closed Session by County Attorney
For the record, Suzanne Hutton, in my capacity as County Attorney for the Board of
County Commissioners of Monroe County.
As you are aware, the County is currently in litigation in the case of Florida Kevs
Citizens Coalition and Last Stand v. Department of Communitv Affairs and Monroe County. FL.
Case No. DOAH 06-2449GM. I need your advice concerning the litigation and request that you
schedule a private meeting.
The subject matter of this meeting will be confined to settlement negotiations and a
strategy session related to litigation expenditures.
The persons to be in attendance at this closed meeting are myself, as County Attorney,
Robert Shillinger as Chief Assistant County Attorney, Jerry Sanders as Assistant County
Attorney, the County Commissioners, the County Administrator; and a certified court reporter.
By law, no other persons are permitted to be present at this meeting. It is estimated that this
meeting will take approximately 30 minutes.
As required by law, the court reporter shall record the times of commencement and
termination of the meeting, all discussions and proceedings, the names of all persons present at
any time, and the names of all persons speaking. No portion of the meeting will be "off the
record". The court reporter's notes will be fully transcribed, sealed, and then filed with Danny
Kolhage, as Clerk. The transcript shall be made part of the public record upon conclusion of the
litigation.
It is requested that you schedule the closed meeting during a special meeting of the Board
to be held on September 6, 2006. You need to determine the approximate time that the closed
meeting will commence.
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
NOTICE OF ATTORNEY-CLIENT CLOSED SESSION
The Board of County Commissioners of Monroe County, Florida, pursuant to Section 286.011(8),
Florida Statutes will hold a Closed Attorney-Client Session during a public meeting to be held on
Wednesday. SeDtember 6. 2006. at 4:30 D.m. at the Harvey Government Center, 1200 Truman Avenue,
Key West, Florida.
Those persons attending the Closed Session will be the County Commissioners, County Administrator
Thomas J. Willi, County Attorney Suzanne A. Hutton, Chief Assistant County Attorney Bob Shillinger,
Assistant County Attorney Jerry Sanders, and a certified court reporter. The purpose of the Closed Session
concerns pending litigation in the case of Florida Kevs Citizens Coalition and Last Stand v. Department of
Community Affairs and Monroe County. FL. Case No. DOAH 06-2449GM, in which the County is presently
a party. At the end of this Closed Session, the public portion of the meeting will be opened.
Dated at Key West, Florida, this 16th day of August, 2006.
Office of the County Attorney
Publication dates
Reporter
Keynoter
Key West Citizen
9/18/06
9/19/06
9/20/06
cc: Court Reporter