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Item K1County �� Mo G �' ' BOARD OF COUNTY COMMISSIONERS � s Mayor David Rice, District 4 T he Fl orida Keys M,'� ° M ayor Pro Tern Syl v i a J. M u rphy, D i stri ct 5 Danny L. Kolhage, District 1 Gorge Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting May 16, 2018 Agenda Item Number: K.1 Agenda Item Summary #4048 BULK ITEM: No DEPARTMENT: County Attorney's Office TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292 -3470 1:30 P.M. CLOSED SESSION AGENDA ITEM WORDING: An Attorney- Client Closed Session in the matters of AshBritt, Inc. v. Monroe County, FL and Florida Department of Transportation, Case No. CA -K -17 -802. 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 Chris Ambrosio and Christine Limb ert-B arrows, special litigation counsel Jeff Hochman and a certified court reporter. PREVIOUS RELEVANT BOCC ACTION: 4/19/18 (P2) BOCC scheduled a closed session for May 16, 2018 in Key West, FL at 1:30 p.m. or as soon thereafter as may be heard CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: N/A DOCUMENTATION: Closed Session Script AshBritt BOCC 5 16 18 FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: N/A 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: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: If yes, amount: N/A REVIEWED BY: Chris Ambrosio Bob Shillinger Kathy Peters Board of County Commissioners Completed Completed Completed Pending 04/20/2018 9:02 AM 04/30/2018 5:05 PM 04/30/2018 6:07 PM 05/16/2018 9:00 AM 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 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 Chris Ambrosio and Christine Limb ert-B arrows, special litigation counsel Jeff Hochman, Esq, and a certified court reporter. 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. 2. At the beginning of the closed session. 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 4/19/2018 that he needed advice in the matter of AshBritt, Inc. v. Monroe County, FL and Florida Department of Transportation, Case No. CA -K- 17 -802. At that meeting, the Board approved holding a closed session and public notice was given through public announcement of the meeting at the 4/19/18 BOCC meeting and through publication of the 5/16/18 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. ' W, BOARD OF COUNTY COMMISSIONERS County of Monroe + � Ifu�� �, Mayor Craig Cates,District 1 ti Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys ra Michelle Lincoln,District 2 James K.Scholl,District Robert B.Shillinger,County Attorney** tdw David Rice,District 4 Pedro J.Mercado,Sr.Assistant County Attorney** Cynthia L.Hall,Sr.Assistant County Attorney** Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney Derek V.Howard,Assistant County Attorney** I I11 12'Street,Suite 408 Peter H.Morris,Assistant County Attorney ** Key West,FL 33040 Patricia Fables,Assistant County Attorney (305)292-3470 Office Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax Kelly Dugan,Assistant County Attorney Christina Cory,Assistant County Attorney Nathalia Archer,Assistant County Attorney **Board Certified in City,County&Local Govt.Law April 28, 2023 Kevin Madok, CPA Clerk of the Court, 16'Judicial Circuit 500 Whitehead Street Key West, FL 33040 In Re: Ashbritt, Inc. v. Monroe County, Case No.: 17-CA-802-K Dear Mr.Madok: Please find attached scans of transcripts of six (6) closed attorney-client sessions of the Monroe County Board of County Commissioners, with regard to the above-entitled civil matter. The closed sessions occurred on: 05/16/2018; 02/20/2019; 05/08/2020; 05/25/2021; 09/12/2022; and, 02/13/2023. Under F.S. 286.011(8), these transcripts may be made part of the public record, as the litigation has concluded. Thank you for your assistance in this matter. Please contact me should you have any questions. Sincerely Digitally signed by Robert B.Shillinger Robert B. Shillinger ou cn=Robert B.Shillinger, ,Monroe County BOCC, ou=Monroe County Attorney,email=shillinger- bob@monroecounty-fl.gov,c=uS Date:2023.04.28 15:04:07-04'00' Robert B. Shillinger Monroe County Attorney Attachments: Six closed session transcripts dated 05/16/2018;02/20/2019;05/08/2020;05/25/2021;09/12/2022,02/13/2023 Confidential Closed Session Work Product May 16 , 2018 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CLOSED SESSION ASHBRITT, INC. VS . MONROE COUNTY, FLORIDA CASE NO. CA-K-17-802 APPEARANCES : Mayor David Rice Mayor Pro-Tem Sylvia J. Murphy Commissioner George Neugent Commissioner Heather Carruthers Commissioner Danny L. Kolhage Roman Gastesi , County Administrator Robert B. Shillinger, County Attorney Jeff Hochman, Esquire, Special Litigation Counsel Harvey Government Center Commission Chambers 1200 Truman Avenue Key West, Florida 33040 Wednesday, May 16 , 2018 1 : 30 p .m. - 1 : 47 p .m. U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 2 1 (WHEREUPON, the following proceedings were 2 had on May 16 , 2018 , at 1 : 30 p.m. , with all parties 3 present : ) 4 THE CLERK: The next item is K-1 , an 5 Attorney-Client Closed Session in the matters of 6 Ashbritt , Inc . vs . Monroe County, Florida and 7 Florida Department of Transportation, Case Number 8 CA-K-17-802 . 9 MR. SHILLINGER: All right . We ' re getting 10 ready to proceed to an attorney-client Closed 11 Session that will be held pursuant to Florida 12 Statute Section 286 . 011 (8) . It ' s estimated this 13 meeting will take approximately thirty minutes . 14 The persons attending the meeting will be the 15 County Commissioners , County Administrator Roman 16 Gastesi , myself , Bob Shillinger, County Attorney. 17 None of my Assistant County Attorneys are here at 18 this moment , but we do have special litigation 19 counsel , Jeff Hochman, and a certified court 20 reporter. 21 Since the law prohibits any other person from 22 being present at the closed session, the 23 Commissioners , the attorney, the administrator for 24 the County and the court reporter will now remain 25 in the meeting, and all other persons are required U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 3 1 to leave the room. When the session is over, we 2 will reconvene and reopen the public meeting. 3 Mr. Mayor, are you going to declare the open 4 session closed? 5 MAYOR RICE : I do so declare . 6 (Brief pause . ) 7 MR. SHILLINGER: All right . Mr. Mayor - - 8 COMMISSIONER NEUGENT : You don ' t have to 9 leave, Sylvia . 10 MR. SHILLINGER: She ' s closing the door. 11 MAYOR RICE : She ' s got to close the door. 12 MR. SHILLINGER: Mr. Mayor, are you calling 13 the closed session to order. 14 MAYOR RICE : I am. 15 (Beginning of closed session. ) 16 MR. SHILLINGER: All right . For the record, 17 this is being held at my request . I announced at 18 a prior BOCC meeting held on April 19, 2018 , that 19 I needed your advice in the matter of Ashbritt vs . 20 Monroe County, CA-K-17-802 . At that meeting, the 21 Board approved holding a Closed Session. Public 22 notice was given through public announcement at 23 that meeting, at that April 19th BOCC meeting, and 24 through publication of the agenda for today' s 25 date, today' s meeting, held on May 16th, 2018 , on U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 4 1 the County' s website . 2 For the record and benefit of the court 3 reporter, each of us will state our names and 4 positions starting with the Commission. 5 COMMISSIONER CARRUTHERS : Commissioner 6 Carruthers, District 3 . 7 COMMISSIONER NEUGENT : Commissioner Neugent , 8 District 2 . 9 MAYOR RICE : Commissioner Rice, District 4 . 10 COMMISSIONER MURPHY: Commissioner Murphy, 11 District 5 . 12 COMMISSIONER KOLHAGE : Commissioner Kolhage, 13 District 1 . 14 MR. GASTESI : Roman Gastesi , County 15 Administrator. 16 MR. SHILLINGER: Bob Shillinger, County 17 Attorney. 18 MR. HOCHMAN: And Jeff Hochman, Special 19 Litigation Counsel . 20 MR. SHILLINGER: Just for the record and 21 benefit of the court reporter, each of us - - well , 22 we will only be discussing settlement negotiations 23 and strategy related to litigation expenditures . 24 We can ' t take any decisive action at this meeting. 25 We can only provide information and direction to U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 5 1 the attorneys . Any decisions this Board makes 2 concerning this case must be done in a meeting 3 that ' s open to the public . 4 So I ' m going to turn it over to Jeff . He ' s 5 going to update us on where we are in the 6 litigation right now. 7 MR. HOCHMAN: Good afternoon. This case is 8 now in a posture where a complaint was filed by 9 the Plaintiff AshBritt , and Monroe County has 10 filed an answer and multiple defenses . 11 Basically, the case involves whether AshBritt 12 has been properly paid under the contract for 13 disaster recovery services . Monroe County' s 14 position is it has been paid on everything to the 15 extent that AshBritt submitted a proper invoice 16 that was properly backed up with the information 17 required by the contractor, and also to allow for 18 FEMA reimbursement . The contract and Florida law 19 provides very specific kinds of information that 20 they' re supposed to provide and they just haven ' t 21 done that quite yet . On things that they have 22 provided all the information, they' ve been paid. 23 On things that the information is still 24 outstanding, Monroe County has asked for 25 clarifications , additional work, additional U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 6 1 information. Once that information is received, 2 we ' ll process the payment . There are some 3 disputes as to substantive matters about whether 4 they performed services which are contemplated by 5 the contract and there will be a dispute about 6 that going forward. 7 It looks like Monroe County is in a good 8 position to prevail on the case . The contract 9 language is good for Monroe County, the statutes 10 that apply are good for Monroe County, and we 11 believe that there is a better than fifty-percent 12 chance that we ' ll prevail on the currently-pled 13 claims . 14 Right now, a couple of people have been 15 deposed. Judy Clarke was deposed. Your Assistant 16 County Administrator Kevin Wilson was deposed. 17 And, the Emergency Operations Manager Kevin [sic] 18 Senterfitt was also deposed. They' re looking to 19 depose two more people in the next couple of weeks 20 which will be the County Administrator and former 21 Mayor George Neugent . Those are going to be 22 scheduled in probably the middle of June . So far, 23 there is no information we ' ve received so far that 24 looks like it is a problem that cannot be resolved 25 for Monroe County. U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 7 1 The reason we ' re here today is because on 2 May 14 , we received a letter that , as a 3 theoretical matter, was some sort of settlement 4 proposal . And they basically - - received from 5 AshBritt ' s attorney saying that they would like to 6 kind of negotiate and create good feelings with 7 Monroe County, and they would waive their claim 8 for what they claim is lost profits associated 9 with a portion of the contract which they did not 10 perform from mile marker 16 through 40 . 11 COMMISSIONER CARRUTHERS : How can they claim 12 lost profits if they didn ' t do the job? 13 MR. HOCHMAN: Well , it is a - - it ' s a legal 14 idea that they have offered to the Court . We have 15 responded saying that the contract doesn ' t allow 16 for it , it doesn ' t allow under Florida law for it , 17 and the Court will have to resolve that . We plan 18 to file a motion for summary judgment where the 19 Court can look at the undisputed facts in the 20 case, apply Florida law, and make a determination 21 as to whether that theory of liability is valid 22 under Florida law. So we ' re not quite there at 23 the motion for summary judgment stage yet . We 24 need to complete discovery. And once we get there 25 we ' ll be asserting the idea that a lost profits U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 8 1 claim is not a valid claim in the first instance . 2 Right now, the issue is Monroe County, today, 3 has indicated they were going to issue a notice to 4 AshBritt indicating that their contract , which was 5 in place, will be terminated for convenience . 6 That will be effective in ninety days . We expect 7 AshBritt to try to either avoid that or negotiate 8 with Monroe County to get back into a contract 9 status with Monroe County. We believe they' re 10 willing to do that because their having a status 11 with Monroe County of a valid enforceable contract 12 rather than a terminated contract may have a 13 negative impact on them when they contract with 14 other municipalities and respond to requests for 15 proposal . Meaning that they want to have a good 16 reputation of not having been a terminated 17 contractor with respect to another governmental 18 agency in the State of Florida. 19 So it is possible that they will now come 20 back and say, we ' d like to get back in your good 21 graces . And today' s discussion is really to get a 22 consensus , not a decision, as to whether, if that 23 were to be offered back to Monroe County, we will 24 either dismiss claims or try to resolve claims if 25 you ' ll put us back into a contract status . And U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 9 1 that is something which is for you to consider. 2 I would suggest that your comments , remember 3 we are on an Executive Session, but if the 4 litigation were to conclude, the transcript of 5 this meeting would be available to both AshBritt 6 and the public . And so the issue really needs to 7 be focused on if there ' s a willingness by Monroe 8 County to kind of entertain the notion that a 9 partnership could go forward at some point in the 10 future with AshBritt . 11 MAYOR RICE : If it could go forward. 12 MR. HOCHMAN: Right . The idea, would they be 13 offering some sort of litigation accommodation, 14 either to dismiss their lawsuit or to resolve some 15 of the invoices -- 16 COMMISSIONER CARRUTHERS : If we give them a 17 new contract? 18 MR. SHILLINGER: Or if we don ' t . We rescind 19 our termination for convenience, allow them to be 20 a terminated - - either a mutual termination or 21 active contractor status, but we don ' t necessarily 22 have to activate them because we have other 23 contractors as well . 24 MAYOR RICE : And your recommendation is? 25 COMMISSIONER CARRUTHERS : Well , how do we do U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 10 1 that now? We just - - we just did the termination 2 earlier this morning. 3 MR. SHILLINGER: Right . So our 4 recommendation isn ' t to do it unless it ' s a way of 5 solving the suit , and they haven ' t pitched that 6 yet . 7 MR. GASETSI : I would say if it includes 8 paying this guy' s bill and whatever other expense 9 that you ' ve had, maybe . 10 MR. SHILLINGER: Right . 11 COMMISSIONER CARRUTHERS : Maybe . 12 MR. GASETSI : Maybe . I don ' t know how much 13 we ' re into this . 14 COMMISSIONER CARRUTHERS : I ' m don ' t - - I ' m 15 not - - 16 MR. GASETSI : Yeah, I ' m not crazy about it 17 either but, I mean, it has to be a total clean 18 slate, you know. 19 COMMISSIONER CARRUTHERS : And no liability on 20 our part . 21 MR. GASETSI : Exactly. And no promises on 22 our part . 23 COMMISSIONER CARRUTHERS : Right . 24 MAYOR RICE : I like that . 25 MR. SHILLINGER: And, again, we ' re not asking U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 11 1 you to vote on anything right now. That hasn ' t 2 been proposed yet . We just anticipate that might 3 be where this is going and wanted to take your 4 temperature on that so we would know how to 5 negotiate . 6 MR. HOCHMAN: Right . As you know, we 7 negotiate on behalf of our client going forward. 8 It ' s easier, easier for the lawyers to negotiate 9 when they know approximately what the consensus is 10 more likely to be like on certain issues . 11 It seems to us that they' re - - one of the 12 primary issues for them is their status , their 13 status and reputation as being a contractor that 14 has not been terminated from a government 15 contract . Right now, what happened today, puts 16 that status in jeopardy for them. And the 17 question then is , how valuable is their status to 18 them. 19 We believe, if it is valuable to them, 20 they' ll come back to us and say, we ' d like you to 21 do something to restore our status . And we ' re 22 here today asking you, if they come back and ask 23 us to restore their status , what are we going to 24 negotiate with back and say, we will consider it 25 but you have to offer me A, B or C . U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 12 1 And right now, from what I ' ve heard so far, 2 is they would have to dismiss the lawsuit with 3 prejudice, they' d have to pay attorneys fees . 4 COMMISSIONER CARRUTHERS : All attorneys fees . 5 MR. HOCHMAN: Are there any other 6 considerations that you would like to explore or 7 discuss just so I have a good sense of how to 8 evaluate their negotiation and possibly come back 9 to you with a solid offer. 10 COMMISSIONER CARRUTHERS : Pain and suffering. 11 MR. SHILLINGER: Mints on the pillow. 12 COMMISSIONER KOLHAGE : What gives you the 13 impression that they really care about their 14 status? 15 MR. HOCHMAN: The only basis I have, quite 16 frankly, is they sent me a letter on - - actually, 17 they sent it to Bob Shillinger on March 14 , 18 suggesting that -- 19 MR. SHILLINGER: May. May 14 . 20 MR. HOCHMAN: I ' m sorry. 21 MR. SHILLINGER: May. 22 MR. HOCHMAN: I ' m sorry. The date of the 23 letter, I apologize, is May 14 , 2018 . The letter 24 indicates that there is an incentive in their 25 mind, there ' s an incentive in their mind to U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 13 1 preserve their status as a contractor for Monroe 2 County. 3 COMMISSIONER KOLHAGE : Did they say that? 4 MR. HOCHMAN: Yes . 5 COMMISSIONER KOLHAGE : Okay. That ' s all I 6 want to know. The reason I ask that , because it 7 seems contrary to the way they have behaved up to 8 now. 9 COMMISSIONER CARRUTHERS : Yeah, I was going 10 to say the same . And certainly, that behavior is 11 public record. 12 COMMISSIONER KOLHAGE : Yeah. 13 MR. GASETSI : And, Jeff , with everybody 14 listening, I ' d like to say something. 15 MR. HOCHMAN: A quote from the second page of 16 the letter, "The County' s unilateral decision to 17 terminate the agreement is unnecessarily hostile 18 to a resolution of this dispute and eliminates the 19 incentive for AshBritt to resolve this matter, 20 short of trial . " So their idea of this being an 21 incentive to maintain their status is really what 22 leads me to the conclusion that they believe it ' s 23 valuable . 24 MR. SHILLINGER: Yeah. And they mentioned as 25 much. Prior to the letter of May 14th, we had a U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 14 1 phone conversation. May 14th was a Monday, so it 2 was the preceding Friday, so that would have been 3 the llth, where they explicit - - with Jared 4 Moskowitz , the general counsel for AshBritt , said 5 that their concern is that when they' re responding 6 to future RFPs , having a terminated status affects 7 the way they may have to answer those . So they - - 8 and I said, all right . Well , put it in writing 9 and send us an offer. 10 COMMISSIONER KOLHAGE : But they sued us , 11 right? 12 MR. SHILLINGER: Yeah. I mean, it ' s - - we ' re 13 not - - we ' re not vouching for the validity of 14 their position. We ' re just conveying. 15 COMMISSIONER KOLHAGE : Yeah, I understand. 16 I ' m just , I ' m questioning the credibility of that 17 offer. 18 MR. SHILLINGER: Understood. 19 MR. HOCHMAN: And there ' s two ways that 20 theoretically we could preserve their status . One 21 would be to actually restore them to their primary 22 role, theoretically, with a contract that if 23 there ' s a storm and Monroe County needs disaster 24 recovery services, AshBritt would be called upon 25 under the terms of the contract to provide certain U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 15 1 services . 2 The other idea would be that they would 3 simply have that status , the contract would be in 4 place, but they would acknowledge that there is an 5 accommodation going on where they don' t have this 6 terminated status but also, Monroe County would 7 not be relying on them to perform any services 8 based upon certain dissatisfaction with the way 9 they billed for the past services , a lack of 10 paperwork, some of the more administrative 11 problems that have arisen since their services 12 were provided. 13 MR. SHILLINGER: Roman, you had a question? 14 MR. GASETSI : Yeah. And one of the 15 Commissioners reacted to this too when you said 16 something about claims , lost profits , whatever, 17 between mile marker 16 and 40 . Yet Randy got up 18 there at the same podium you ' re standing at right 19 now and while everything was going on with DOT and 20 DOT had claimed that area, he was the one that 21 said, let DOT do it . 22 So, I mean, do you know that? I mean, I 23 don ' t know if you actually know that but I think 24 that ' s important to express that to them. if 25 they' re going to have any claims , they understood U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 16 1 at the time, they tried to get the rates changed. 2 They were going to change the rates and that ' s 3 when he said, well , let DOT do it . 4 MR. HOCHMAN: I have seen the video of his 5 testimony. It is an important piece of evidence 6 in the case . I do know that AshBritt has legal 7 arguments to support their notion that what was 8 said was either not very important to the case or 9 not legally binding on AshBritt , and they' re still 10 pursuing their claims under the contract . 11 MR. GASETSI : So is that - - so when I go do 12 my deposition, when I say it doesn ' t matter 13 anyways , I should show up? 14 MR. HOCHMAN: I would suggest that truthful 15 testimony will set you free . 16 COMMISSIONER NEUGENT : Well , he also claimed 17 he wasn ' t going to sue us , so . 18 COMMISSIONER CARRUTHERS : Yeah, exactly. 19 MR. HOCHMAN: That is also part of the 20 videotape and it is , again, important evidence in 21 the case . 22 COMMISSIONER NEUGENT : Well , he can probably 23 say, " I didn ' t mean that, either. " 24 COMMISSIONER CARRUTHERS : Well , clearly he 25 didn' t . U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 17 1 MR. HOCHMAN: It does sound like I have a 2 general consensus at this point , which is that if 3 AshBritt were to submit some sort of request to 4 preserve its status , I , from what you have told me 5 so far, I think I understand what the terms of 6 what they would also have to offer Monroe County 7 as preliminary negotiations before I come back and 8 ask you to actually consider the precise word-for- 9 word offer provided by them. 10 Is there anything else you would like me to 11 know before I conclude today? 12 MAYOR RICE : Not here . 13 COMMISSIONER NEUGENT : You ' d be the only one 14 that didn ' t know my feelings . 15 MR. HOCHMAN: I also watched the videotape of 16 that expression as well . 17 MR. SHILLINGER: All right . So -- 18 MR. HOCHMAN: Thank you very much for your 19 time this afternoon. 20 MR. SHILLINGER: Mr. Mayor, are you going to 21 declare the closed session closed? 22 MAYOR RICE : I do. 23 MR. SHILLINGER: All right . We ' ll get the 24 public back in here . 25 (Closed session concluded at 1 : 47 p .m. ) U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 18 1 CERTIFICATE OF REPORTER 2 3 STATE OF FLORIDA ) 4 COUNTY OF MONROE ) 5 6 I , Suzanne Ex, Certified Verbatim Reporter 7 and Florida Professional Reporter, do HEREBY CERTIFY 8 that I was authorized to and did report the foregoing 9 proceedings ; and that the transcript , pages 1 through 10 17 are a true and correct record of my notes . 11 12 I further certify that I am not a relative, 13 employee, attorney, or counsel of any of the parties , 14 nor am I a relative or employee of any of the parties ' 15 attorneys or counsel connected with the action, nor am 16 I financially interested in the action . 17 18 Dated this 24th day of May, 2018 . 19 ' 20 rui 21 22 Suzanne E�; CVR-M, FPR 23 Certified Verbatim Reporter 24 Florida Professional Reporter 25 U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 1 9 : 6 , 24 10 : 5 , available 9 : 5 13 : 9 1 8 , 19 , 21 , 25 avoid 8 : 7 case 5 : 2 , 7 , 11 11 : 3 , 13 , 16 , 6 : 8 7 : 20 14 7 : 2 12 : 17 , 20 , 21 , 22 , 24 B certain 11 : 10 19 , 23 12 : 1, 8 , 10 certainly 14th 13 : 25 13 : 10113 , 18 , back 8 : 8 , 20 , 13 : 10 16 7 : 10 24 23 , 25 11 : 20 , chance 6 : 12 another 8 : 17 22 , 24 12 : 8 claim 7 : 7 , 8 , answer 5 : 10 backed 5 : 16 11 8 : 1 2 anticipate basically claims 6 : 13 2018 12 : 23 11 : 2 5 : 11 7 : 4 8 : 24 any 5 : 1 12 : 5 basis 12 : 15 clarifications anything 11 : 1 because 7 : 1 5 : 25 4 apologize 8 : 10 9 : 22 Clarke 6 : 15 40 7 : 10 12 : 23 13 : 6 clean 10 : 17 apply 6 : 10 been 5 : 12 , 14 , client 11 : 7 7 : 20 22 6 : 14 8 : 16 come 8 : 19 A approximately 11 : 2 , 14 11 : 20 , 22 12 : 8 11 : 9 behalf 11 : 7 comments 9 : 2 about 6 : 3 , 5 are 5 : 5 6 : 2 , behaved 13 : 7 COMMISSIONER 10 : 16 12 : 13 4 , 10 , 21 9 : 3 behavior 7 : 11 9 : 16 , 25 accommodation 11 : 23 12 : 5 13 : 10 10 : 11 , 14 , 19 , 9 : 13 as 6 : 3 7 : 2 , 21 activate 9 : 22 being 11 : 13 23 12 : 4 , 10 , 12 8 : 22 9 : 23 13 : 20 13 : 3 , 5 , 9 , 12 active 9 : 21 11 : 6 , 13 13 : 1, actually 24 believe 6 : 11 complaint 5 : 8 8 : 9 11 : 19 complete 7 : 24 12 : 16 Ashbritt 5 : 9 , 13 : 22 concerning additional 11, 15 8 : 4 , 7 better 6 : 11 5 : 2 5 : 25 9 : 5 , 10 13 : 19 Administrator Ashbritt ' s bill 10 : 8 conclude 9 : 4 6 : 16 , 20 7 ; 5 Board 5 : 1 conclusion afternoon 5 : 7 ask 11 : 22 Bob 12 : 17 13 : 22 again 10 : 25 13 : 6 both 9 : 5 consensus agency 8 : 18 asked 5 : 24 but 9 : 3 , 21 8 : 22 11 : 9 agreement asking 10 : 25 10 : 17 11 : 25 consider 9 : 1 13 : 17 11 : 22 by 5 : 8 , 17 6 : 4 11 : 24 all 5 : 22 12 : 4 asserting 9 : 7 considerations 13 : 5 7 : 2 5 12 : 6 allow 5 : 17 Assistant C contemplated 7 : 15 , 16 9 : 19 6 : 15 6 : 4 also 5 : 17 associated can 7 : 11, 19 contract 6 : 18 7 : 8 cannot 6 : 24 5 : 12 , 18 6 : 5 , 8 7 : 9 , 15 8 : 4 , 8 , and 5 : 9 , 10 , at 7 : 19 , 22 care 12 : 13 7 : 9 , 1 18 : 4 , 17 , 18 , 20 6 : 5 , 9 : 9 CARRUTHERS 11, 19 : 17 11 , 2 10 , 17 , 20 7 : 4 , attorney 7 : 5 7 : 11 9 : 16 , 25 contractor 6 , 7 , 17 , 20 , 24 attorneys 5 : 1 10 : 11 , 14 , 19 , 5 : 17 8 : 17 8 : 14 , 20 , 21, 25 12 : 3 , 4 23 12 : 4 , 10 9 : 21 11 : 13 U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 2 13 : 1 dismiss 8 : 24 feelings 7 : 6 governmental contractors 9 : 14 12 : 2 fees 12 : 3 , 4 8 : 17 9 : 23 dispute 6 : 5 FEMA 5 : 18 graces 8 : 21 contrary 13 : 7 13 : 18 fifty-percent guy' s 10 : 8 convenience disputes 6 : 3 6 : 11 8 : 5 9 : 19 do 7 : 12 8 : 10 file 7 : 18 H could 9 : 9 , 11 9 : 25 10 : 4 filed 5 : 8 , 10 County 5 : 9 , 24 11 : 21 first 8 : 1 had 10 : 9 6 : 7 , 9 , 10 , 16 , doesn' t 7 : 15 , Florida 5 : 18 13 : 25 20 , 25 7 : 7 16 7 : 16 , 20 , 22 happened 8 : 2 , 8 , 9 , 11, 23 don' t 9 : 18 , 21 8 : 18 11 : 15 9 : 8 13 : 2 10 : 12114 focused 9 : 7 has 5 : 9 , 12 , County' s 5 : 13 done 5 : 2 , 21 for 5 : 12 , 17 , 14 , 24 8 : 3 13 : 16 24 6 : 9 , 10 , 25 10 : 17 11 : 14 couple 6 : 14 , E 7 : 8 , 16 , 18 , 23 hasn ' t 11 : 1 19 8 : 5 , 14 9 : 1, 19 have 5 : 21 Court 7 : 14 , earlier 10 : 2 11 : 8 , 12 , 16 6 : 14 7 : 14 , 17 17 , 19 easier 11 : 8 13 : 1119 8 : 12 , 15 9 : 22 crazy 10 : 16 effective 8 : 6 former 6 : 20 11 : 25 12 : 2 , 3 , create 7 : 6 either 8 : 7 , 24 forward 6 : 6 7 , 15 13 : 7 currently-pled 9 : 14 , 20 10 : 17 9 : 9 , 11 11 : 7 haven' t 5 : 20 6 : 12 eliminates frankly 12 : 16 10 : 5 13 : 18 from 7 : 4 , 10 having 8 : 10 , D Emergency 11 : 14 12 : 1 16 6 : 17 13 : 15 He ' s 5 : 4 date 12 : 22 enforceable future 9 : 10 heard 12 : 1 days 8 : 6 8 : 11 here 7 : 1 decision 8 : 22 entertain 9 : 8 G 11 : 22 13 : 16 evaluate 12 : 8 HOCHMAN 5 : 7 decisions 5 : 1 everybody GASETSI 10 : 7 , 7 : 13 9 : 12 defenses 5 : 10 13 : 13 12 , 16 , 21 11 : 6 12 : 5 , 15 , depose 6 : 19 everything 13 : 13 20 , 22 13 : 4 , 15 deposed 6 : 15 , 5 : 14 George 6 : 21 hostile 13 : 17 16 , 18 Exactly 10 : 21 get 7 : 24 8 : 8 , how 7 : 11 9 : 25 determination Executive 9 : 3 20 , 21 10 : 12 11 : 4 , 17 7 : 20 expect 8 : 6 give 9 : 16 12 : 7 did 7 : 9 10 : 1 expense 10 : 8 gives 12 : 12 13 : 3 explore 12 : 6 go 9 : 9 , 11 I didn ' t 7 : 12 extent 5 : 15 going 5 : 4 , 5 disaster 5 : 13 6 : 6 , 21 8 : 3 I 'D 13 : 14 discovery 11 : 3 , 7 , 23 I 'M 5 : 4 7 : 24 F 13 : 9 10 : 14 , 16 discuss 12 : 7 facts 7 : 19 good 5 : 7 6 : 7 , 12 : 20 , 22 discussion far 6 : 22 , 23 9 , 10 7 : 6 I 'VE 12 : 1 8 : 21 12 : 1 8 : 15120 12 : 7 idea 7 : 14 , 25 government 9 : 12 13 : 20 11 : 14 U. 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LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 3 if 7 : 12 8 : 22 , 16 8 : 19 9 : 11 liability might 11 : 2 24 9 : 3 , 7 , 11 , 10 : 4 , 7 , 16 , 17 7 : 21 10 : 19 mile 7 : 10 16 , 18 10 : 7 11 : 11 , 19 , 24 like 6 : 7 , 24 mind 12 : 25 11 : 19 , 22 12 : 17 13 : 6 7 : 5 8 : 20 Mints 12 : 11 impact 8 : 13 it ' s 7 : 13 10 : 24 11 : 10 , Monroe 5 : 9 , impression 10 : 4 11 : 8 20 12 : 6 13 : 14 13 , 24 6 : 7 , 9 , 12 : 13 13 : 22 likely 11 : 10 10 , 25 7 : 7 in 5 : 2 , 5 , 8 listening 8 : 2 , 8 , 9 , 11, 23 6 : 7 , 19 , 22 J 13 : 14 9 : 7 13 : 1 7 : 19 8 : 1, 5 , 6 , litigation more 6 : 19 18 , 20 9 : 9 Jeff 5 : 4 5 : 6 9 : 4 , 13 11 : 10 11 : 16 12 : 24 , 13 : 13 look 7 : 19 morning 10 : 2 25 jeopardy looking 6 : 18 motion 7 : 18 , incentive 11 : 16 looks 6 : 7 , 24 23 12 : 24 , 25 job 7 : 12 lost 7 : 8 , 12 , MR 5 : 7 7 : 13 13 : 19 , 21 judgment 25 9 : 12 , 18 10 : 3 , includes 10 : 7 7 : 18 , 23 7 , 10 , 12 , 16 , indicated 8 : 3 Judy 6 : 15 M 21, 25 11 : 6 indicates June 6 : 22 12 : 5 , 11 , 15 , 12 : 24 19 , 20 , 21, 22 just 5 : 20 maintain indicating 10 : 1 11 : 2 13 : 21 13 : 4 , 13 , 15 , 24 8 : 4 12 : 7 make 7 : 20 much 10 : 12 information 13 : 25 5 : 16 , 19 , 22 , 23 makes 5 : 1 multiple 5 : 10 6 : 1 , 23 K Manager 6 : 17 March 12 : 17 municipalities instance 8 : 1 Kevin 6 : 16 , 17 8 : 14 into 8 : 8 , 25 marker 7 : 10 must 5 : 2 kind 7 : 6 9 : 8 matter 7 : 3 10 : 13 mutual 9 : 20 invoice 5 : 15 kinds 5 : 19 13 : 19 know 10 : 12 , 18 matters 6 : 3 invoices 9 : 15 11 : 4 , 6 , 9 13 : 6 N may 7 : 2 8 : 12 involves 5 : 11 KOLHAGE 12 : 12 12 : 19 , 21, 23 is 5 : 7 , 14 , 23 13 : 3 , 5 , 12 13 : 25 necessarily 6 : 1 , 7 , 9 , 11, maybe 10 : 9 , 9 : 21 23 , 24 7 : 1 , 8 , 11, 12 need 7 : 24 13 , 21 8 : 1 , 2 , L needs 9 : 6 19 , 21 9 : 1 , 24 Mayor 6 : 21 language 6 : 9 9 : 11, 24 10 : 24 negative 8 : 13 11 : 3 , 9 , 12 , 17 , negotiate 7 : 6 19 12 : 2 , 16 , law 5 : 18 me 11 : 25 ne g 8 : 7 11 : 5 , 7 , 8 , 7 : 16 , 20 , 22 12 : 16 13 : 22 23 , 24 13 : 10 ,17 , 21 lawsuit 9 : 14 mean 10 : 17 24 isn' t 10 : 4 12 : 2 Meaning 8 : 15 negotiation issue 8 : 2 , 3 lawyers 11 : 8 meeting 5 : 2 12 : 8 9 : 6 leads 13 : 22 9 : 5 Neugent 6 : 21 new 9 : 17 legal 7 : 13 mentioned issues 11 : 10 ,12 letter 7 : 2 13 : 24 next 6 : 19 it 5 : 4 , 14 12 : 16 , 23 middle 6 : 22 ninety 8 : 6 6 : 7 , 24 7 : 13 , 13 : 16125 no 6 : 23 10 : 19 , 21 U. 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LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 5 short 13 : 20 terminate 13 : 3 , 7 , 22 , 24 undisputed sic 6 : 17 13 : 17 they' d 12 : 3 7 : 19 slate 10 : 18 terminated they' ll 11 : 20 unilateral so 5 : 4 6 : 22 , 8 : 5 , 12 , 16 they' re 5 : 20 13 : 16 23 7 : 22 8 : 19 9 : 20 11 : 14 6 : 18 8 : 9 unless 10 : 4 9 : 6 10 : 3 11 : 4 termination 11 : 11 unnecessarily 12 : 1, 7 13 : 20 9 : 19 , 20 10 : 1 they've 5 : 22 13 : 17 solid 12 : 9 than 6 : 11 things 5 : 21, up 5 : 16 13 : 7 solving 10 : 5 8 : 12 23 update 5 : 5 some 6 : 2 7 : 3 that 5 : 15 , 16 , this 5 : 1 , 2 , 7 us 5 : 5 8 : 25 9 : 9 , 13 , 14 19 , 21 , 23 6 : 1, 9 : 5 10 : 2 , 8 , 13 11 : 11 , 20 , 23 something 9 : 1 6 , 10 , 11 , 12 , 11 : 3 13 : 18 , 11 : 21 13 : 14 23 , 24 7 : 2 , 5 , 19 , 20 V sorry 12 : 20 , 14 , 15 , 17 , 21 , Those 6 : 21 22 25 8 : 4 , 6 , 7 , through 7 : 10 valid 7 : 21 sort 7 : 3 9 : 13 10 , 15 , 19 , 22 to 5 : 3 , 4 , 5 , 8 : 1 , 11 1, specific 5 : 19 9 : 1 , 2 , 8 10: 14 , 17 , 20 6 : 3 , valuable 5 , 9 , 24 11 stage 7 : 23 2 4 11 11 : 1 , 8 , 18 , 21 7 : 5 , 11 : 17 , 19 State 8 : 18 12 : 6 , 13 , 18 , 24 14 , 17 , 18 , 21 , 13 : 23 13 : 3 , 6 , 10 , 22 10 14 , 15 , 1 very 5 : 19 status 8 : 9 , 10 , 14 , 15 , 17 , 10 , 25 9 : 21 that ' s 5 : 3 20 , 21 , 22 , 23 , vote 11 : 1 11 : 12 , 13 , 16 , 13 : 5 24 9 : 1, 4 , 5 , 6 , 17 , 21 , 23 their 7 : 7 8 , 14 , 19 , 22 W 12 : 14 13 : 1, 21 8 : 4 , 10 9 : 14 10 : 4 , 17 11 : 1, statutes 6 : 9 11 : 12117 , 23 3 , 4 , 8 , 10 , 11 , waive 7 : 7 still 5 : 23 12 : 8 , 13 , 24 , 25 17 , 19 , 20 , 21 , want 8 : 15 submitted 13 : 1, 20 , 21 23 , 25 12 : 2 , 3 , 13 : 6 5 : 15 them 8 : 13 6 , 7 , 9 , 17 , 25 wanted 11 : 3 substantive 9 : 16 , 19 , 22 13 : 6 , 7 , 10 , 14 , was 5 : 8 , 16 6 : 3 11 : 12116 , 18 , 16 , 18 , 19 , 21 , 6 : 15 , 16 , 18 suffering 19 22 , 25 7 : 3 8 : 4 13 : 9 12 : 10 then 11 : 17 today 7 : 1 8 : 2 way 10 : 4 13 : 7 suggest 9 : 2 theoretical 11 : 15 , 22 we 5 : 5 6 : 10 suggesting 7 : 3 today' s 8 : 21 7 : 2 , 14 , 17 , 23 , 12 : 18 theory 7 : 21 total 10 : 17 24 8 : 6 , 9 , 23 suit 10 : 5 there 6 : 2 , 5 , transcript 9 : 3 , 16 , 18 , 21, summary 7 : 18 , 11, 23 7 : 22 , 24 9 : 4 22 , 25 10 : 1 23 12 : 5 , 24 trial 13 : 20 11 : 2 , 4 , 6 , 19 , supposed 5 : 20 there ' s 9 : 7 try 8 : 7 , 24 23 , 24 13 : 25 12 : 25 turn 5 : 4 we ' d 8 : 20 T they 5 : 20 , 21 two 6 : 19 11 : 20 6 : 4 7 : 4 , 5 , 7 , we ' ll 6 : 2 , 12 take 11 : 3 8 , 9 , 11, 12 , 14 7 : 25 temperature 8 : 3 , 13 , 15 , 19 U we ' re 7 : 1 , 22 9 : 12 10 : 5 10 : 13 , 25 11 : 4 11 : 9 , 22 12 : 2 , under 5 : 12 11 : 21 13 , 16 , 17 7 : 16 , 22 U. S . LEGAL SUPPORT www.uslegalsupport . com Confidential Closed Session Work Product May 16 , 2018 6 we 've 6 : 23 you've 10 : 9 weeks 6 : 19 your 6 : 15 well 7 : 13 8 : 20 9 : 2 , 24 9 : 2 3 , 2 5 11 : 3 were 8 : 3 , 23 9 : 4 what 7 : 8 11 : 9 , 15 , 23 12 : 1, 12 13 : 21 whatever 10 : 8 when 8 : 13 11 : 9 where 5 : 5 , 8 7 : 18 11 : 3 whether 5 : 11 6 : 3 7 : 21 8 : 22 which 6 : 4 , 20 7 : 9 8 : 4 9 : 1 will 6 : 5 , 20 7 : 17 8 : 5 , 6 , 19 , 23 11 : 24 willing 8 : 10 willingness 9 . 7 Wilson 6 : 16 with 5 : 16 7 : 6 , 9 8 : 8 , 9 , 11, 13 , 17 9 : 10 11 : 24 12 : 2 , 9 13 : 13 work 5 : 25 would 7 : 5 , 7 9 : 2 , 5 , 12 10 : 7 11 : 4 12 : 2 , 6 Y Yeah 10 : 16 13 : 9 , 12 , 24 Yes 13 : 4 yet 5 : 21 7 : 23 10 : 6 11 : 2 you 9 : 1 10 : 18 11 : 1, 6 , 20 , 22 , 25 12 : 6 , 9 , 12 you' ll 8 : 25 U. S . LEGAL SUPPORT www.uslegalsupport . com