Item J2County of Monroe
<r
BOARD OF COUNTY COMMISSIONERS
�
Mayor David Rice, District 4
IleOI1da Keys
��x
t t 0.
Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District I
P f,<
George Neugent, District 2
a
Heather Carruthers, District 3
County Commission Meeting
April 19, 2018
Agenda Item Number: J.2
Agenda Item Summary #4035
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Steve Williams (305) 289 -2584
1:30 P.M. CLOSED SESSION
AGENDA ITEM WORDING: An Attorney- Client Closed Session in the matter of In Re: Marine
Mammal Conservancy, Inc., Case No. 18- 10594 -LMI, United States Bankruptcy Court, Southern
District of Florida, Miami Division.
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
Derek Howard, Peter Morris and Steve Williams, special litigation counsel Drew Dillworth, Esq.
and a certified court reporter.
The anticipated Clerk's sale of the subject property on the Court House steps on January 17, 2018
was cancelled due to the last minute filing for bankruptcy relief on January 16, 2018.
PREVIOUS RELEVANT BOCC ACTION:
BOCC 12/13/2017 (04) BOCC approved holding at least one Closed Session on January 17, 2017
in Marathon beginning at 9:00 A.M., or as soon thereafter as may be heard.
BOCC 1/17/2018 (M) As a result of the cancelled 1/17/18 Clerk's sale of the subject property, the
Board cancelled the scheduled 9:35 A.M. Closed Session (first of two) and continued the scheduled
2:00 P.M. Closed Session to February 21, 2018 in Key West, Florida at 1:30 PM or as soon
thereafter as may be heard.
BOCC 2/21/18 (Kl) BOCC held a scheduled Closed Session was held in Key West, Florida.
BOCC 3/21/18 (Rl) At the request of the County Attorney, the BOCC approved a closed session for
April 19, 2018 in Marathon, Florida at 1:30 p.m. or as soon thereafter as may be heard.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Script Closed Session (In Re: Marine Mammal Conservancy, Inc., Case No. 18- 10594 -LMI BOCC
4/19/18
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: 67501 - 530330
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
If yes, amount:
REVIEWED BY:
Steve Williams
Completed
Bob Shillinger
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
03/23/2018 1:32 PM
03/23/2018 1:36 PM
03/26/2018 4:32 PM
04/19/2018 9:00 AM
Mayor's Script
For the day of Closed Session
aD
The following should be read at the appropriate point during the day of the closed session. 0
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 :T
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 Derek Howard, Peter Morris, Steve Williams, special litigation counsel Drew Dillworth,
Esq. and a certified court reporter.
U
Since the law prohibits any other person from being present at the closed session, the commissioners, the
County Administrator, the attorneys for the County and the court reporter will now remain in this meeting
room, and all other persons are required to leave the room. When the closed session is over, we will re- convene
and re -open the public meeting. This public meeting is now closed. CD
LO
r
2. At the beginning of the closed session.
r
I now call this closed session to order. For the record, this meeting is being held upon the request of the County 6
Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 3/21/2018 that he needed advice in z
the matter of In Re: Marine Mammal Conservancy, Inc., Case No. 18- 10594 -LMI, United States Bankruptcy Court,
Southern District of Florida, Miami Division. At that meeting, the Board approved holding a closed session and
public notice was given through public announcement of the meeting at the 3/21/18 BOCC meeting and c
through publication of the 4/19/18 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.
(After all have identified themselves) — Thank you.
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.
Let's start our discussion with the County Attorney.
3. At the end of the closed session, prior to going into open session.
This closed session is now terminated and we will not reconvene in the public meeting.
4. After the public session has been re- opened.
The attorney — client session has been terminated, and we are now re- opening this public meeting