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BOARD OF COMMISSIONERS

MINUTES FROM FEBRUARY 28, 2006 SPECIAL BOARD MEETING

Commissioner Schweers opened the meeting at 5:05 p.m.

ROLL CALL

Commissioner Akins, Commissioner Morris, Commissioner Sassano, Commissioner Levy and Commissioner Schweers, all present and accounted for. Also present were attorney Tony Pires, Interim Fire Chief Jeff Lindsey and by phone, Attorney Charles Schoech .

Attorney Pires discussed and outlined the process prior to continuing into the attorney-client closed door sessions regarding pending litigation. The purpose of this attorney-client session is to discuss settlement negotiations and strategy relating to litigation expenditures for pending litigation involving The Habitat Development, now known as Bella Terra. No decisions can be made or any direction given during the attorney-client closed door session, only discussions about settlement negotiations and strategy relating to the pending litigation. Any decisions or direction can only be made in an open session of the board. Mediation is set for March 17, 2006 . Chief Lindsey and Attorney Pires will be attending on behalf of the district. Chairman Schweers read the statement prepared by attorney Tony Pires entitled, �Conduct of an Attorney Client Session, under section 286.011(8) F.S. Opening the Session by the Chair�:

At this time we are going to commence an attorney client session between Estero Fire Rescue District Board and our attorney. This session will be closed to members of the public. Under section 286.011(8) of the Sunshine Law, a governmental body may meet in private with its chief administrative officer and its attorney to discuss certain matters relating to pending litigation. The subject of this meeting will be to discuss settlement negotiations and strategy relating to litigation expenditures for the litigation between Estero Fire Control & Rescue District vs. Corkscrew Enterprises and A. Aalam and John West, Trustee, as the general partners and Habitat Lakes LLC, a Florida limited liability company. Case No. 03-1667-CA-L. This session will be recorded by a certified court reporter who is directed to record the times of commencement and termination of the session, the names of all persons speaking and all discussion and proceedings. Upon the conclusion of this litigation, a transcript of this session will be made a part of the public record. The following persons will attend this closed session: Interim Fire Chief Lindsey, as chief administrative officer, Anthony P. Pires, Jr., special counsel, Commissioner Barbara Akins , Commissioner Bob Morris, Commissioner Gayle Sassano , Commissioner Sam Levy, and Commissioner Richard Schweers. Let the record reflect that pursuant to the requirements of the Sunshine Law, notice has been given of the time and date of today�s closed session, as well as the names of the participants as evidenced by a copy of the notice of meeting from the Fort Myers NewsPress. This session is estimated to last approximately one hour.

Attorney Schoech advised the board that every statement made will be recorded and upon conclusion of the litigation, the transcript will become a public record. Attorney Schoech also cautioned the board to use discretion when discussing the matter.

Motion was made by Commissioner Sam Levy to enter into executive session, seconded by Commissioner Bob Morris, all were in favor, motion carried. The door was closed, Attorney Schoech�s call was disconnected, and the tape recorder turned off.

The closed attorney-client executive session is terminated and the open meeting has resumed at 5:55 p.m. A transcript of this session will be submitted to the court within a reasonable time, in a sealed fashion and it will be made a part of public record upon conclusion of the litigation.

5:57 p.m. recess; reconvened at 6:02 p.m.

Attorney Pires stated that mediation is set for March 17, 2006 and recommended that the Board authorize Chief Lindsey as the chief officer and himself to represent the district at the mediation hearing. The events of the mediation will then be presented to the board at the next regular board meeting, April 11, 2006 . The Board could choose to have a commissioner present at the mediation, but only one member of the board can be present. After further explanation and discussion,Commissioner Levy made a motion to authorize Interim Fire Chief Jeff Lindsey, as chief officer and attorney Anthony Pires, to represent the district at the mediation hearing on March 17, 2006. Commissioner Akins, seconded, all were in favor, motion carried.

Commissioner Levy made a motion to adjourn, Commissioner Sassano seconded, all were in favor, motion carried.

Meeting adjourned at 6:10 p.m.

Respectfully submitted,

GAYLE M. SASSANO, Secretary