Item J1 � J.1
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
IleOI1da Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: J.1
Agenda Item Summary #6700
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289-2584
1:30 P.M. CLOSED SESSION
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Monroe
County BOCC v. Magnolia 101, LLC, et al., Case No. 13-945-P (Fla. 16th Jud. Cir.).
ITEM BACKGROUND: 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 Bob Shillinger,
Assistant County Attorneys Peter Morris, Cynthia Hall, and Steve Williams, and a certified court
reporter.
PREVIOUS RELEVANT BOCC ACTION:
6/17/20 (I1) BOCC continued the Attorney-Client Closed Session to July 15, 2020 in
Marathon, FL at 1:30 P.M. or as soon thereafter as may be heard
5/20/20 (I3) BOCC continued the closed session to June 17, 2020 in Key Largo, FL at 1:30 P.M.
or as soon thereafter as may be heard
5/8/20 (D4) Attorney-client closed session held.
4/15/20 (P6) BOCC scheduled a closed session for May 20, 2020 in Key West, Florida at 1:30
P.M. or as soon thereafter as may be heard.
3/18/20 (Pl) BOCC 3/18/20 meeting postponed to BOCC 4/15/20.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
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J.1
Closed Session Script Magnolia 101 LLC BOCC 6 17 20 (KL)
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County: Court Reporter Costs
Current Year Portion:
Budgeted: Yes
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Peter Morris Completed 04/24/2020 11:13 AM
Bob Shillinger Completed 04/24/2020 2:15 PM
Kathy Peters Completed 04/24/2020 4:16 PM
Board of County Commissioners Completed 05/20/2020 9:00 AM
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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.
1. Prior to going into closed session.
A closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, will now be held. It is 0
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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 Attorneys Peter Morris, Steve Williams and Cynthia Hall and a certified court reporter.
Since the law prohibits any other person from being present at the closed session, the commissioners, the CO
County Administrator, the attorneys for the County and the court reporter will now remain in this meeting 'r_
room, and all other persons are required to leave the room. When the closed session is over, we will re-convene .2
and re-open the public meeting. This public meeting is now closed.
2. At the beginning of the closed session. o
I now call this closed session to order. For the record, this meeting is being held upon the request of the County
Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 4/15/20 that he needed advice in the a
matter of Monroe County BOCC v. Magnolia 101, LLC, et al., Case No. 13-945-P (Fla. 16th Jud. Cir.). At that
meeting, the Board approved holding a closed session and public notice was given through public announcement
of the meeting at the 4/15/20 BOCC meeting and through publication of the 5/20/20 BOCC meeting agenda E
on the County's website. At the 5/20/20 meeting, the Board continued the closed session to the 6/17/20 BOCC
meeting and public notice was given through public announcement of the meeting at the 5/20/20 BOCC meeting
and through publication of the 6/17/20 BOCC meeting agenda on the County's website.
For the record, and the benefit of the court reporter, each of us will state our name and position starting
with the commission.
c,
(After all have identified themselves)—Thank you.
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Just as a reminder, we will only be discussing settlement negotiations and strategy relating to litigation
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
to the public. 6
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Let's start our discussion with the County Attorney.
3. At the end of the closed session,prior to going into open session.
0
This closed session is now terminated and we will not reconvene in the public meeting.
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4. After the public session has been re-opened.
0
The attorney—client session has been terminated, and we are now re-opening this public meeting.
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