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Item P04Meeting Date: 12/17/2008- MAR Bulk Item: Yes No xx 33C1 , ,i il K111. .. . Division: County Attorney Bob Shillinger/ Staff Contact Person: Derek Howard #3470 AGENDA ITEM WORDING: Approval to schedule an Attorney -Client Closed Session of the Board of County Commissioners in the matter of Galleon Bay vs. Monroe County v. State of Florida, CAK-02-595, for the regularly scheduled BOCC meeting to be held January 28, 2009. ITEM BACKGROUND: This matter involves a takings claim filed against the County in 2002 by Galleon Bay Corporation. Per F. S. 286.011(8), the subject of the meeting shall be confined to settlement negotiations or strategy sessions related to litigation expenditures. Present at the meeting will be the Commissioners, the County Administrator, the County Attorney, Chief Assistant County Attorney Bob Shillinger, Assistant County Attorney Derek Howard and a certified court reporter. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: N/A TOTAL COST: BUDGETED: Yes No COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No xx AMOUNT PER MONTH Year APPROVED BY: County Atty x OMB/Purchasing Risk Management DOCUMENTATION: Included DISPOSITION Revised 2/05 Not Required X Reguest for Closed Session by County Attorney For the record, Suzanne A. 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 matter of Galleon Bay vs. Monroe County v. State of Florida, CAK 02-595, Sixteenth Judicial Circuit, Monroe County, Florida. 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 strategy sessions related to litigation expenditures. The persons to be in attendance at this closed meeting will be the County Commission, County Administrator Roman Gastesi, County Attorney Suzanne A. Hutton; Chief Assistant County Attorney Bob Shillinger; Assistant County Attorney Derek Howard, and a certified court reporter. By law, no other persons are permitted to be present at this meeting. It is estimated this meeting will take approximately thirty (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 of the Board to be held at their regularly scheduled meeting on January 28, 2009 at a time to be determined by the Board following discussion of this item.