Item J1
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor Heather Carruthers, District 3
Mayor Pro Tem Michelle Coldiron, District 2
TheFloridaKeys
Craig Cates, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
February 19, 2020
Agenda Item Number: J.1
Agenda Item Summary #6384
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 Sunset Garden
Estate Land Trust 2/10/2014, by and through its Successor Trustee, Simtrust Group LLC, and Sunset
Gardens Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460-P.
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, Steve Williams and Cynthia Hall, and a certified court
reporter.
PREVIOUS RELEVANT BOCC ACTION:
1/22/20 (J1) BOCC continued the Closed Session to February 19, 2020 in Key West, FL at 1:30
P.M. or as soon thereafter as may be heard.
12/11/19 (R4) BOCC scheduled a Closed Session to be held January 22, 2020 in Marathon, FL at
1:30 P.M. or as soon thereafter as may be heard.
11/20/19 (R1) Upon inquiry regarding this matter by the Board, County Attorney Bob Shillinger
advised he would request an attorney-client closed session at the December BOCC
meeting to be held at the BOCC 1/22/2020 meeting in Marathon, FL.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Closed Session Script (Right to Farm Sunset Garden) BOCC 2/19/20 (1 22 20)
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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: N/A If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Peter Morris Completed 12/11/2019 12:44 PM
Bob Shillinger Completed 12/30/2019 11:01 AM
Kathy Peters Completed 12/30/2019 11:21 AM
Board of County Commissioners Completed 01/22/2020 9:00 AM
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Mayors 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 nowbe 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 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
County Administrator, the attorneys for the County and the court reporter will now remaininthismeeting
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.
Inow 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 12/11/19 that he needed advicein
the matter of Tvotfu!Hbsefo!Ftubuf!Mboe!Usvtu!302103125-!cz!boe!uispvhi!jut!Tvddfttps!Usvtuff-!Tjnusvtu!Hspvq!
MMD-!boe!Tvotfu!Hbsefot!Gbsn-!MMD!w/!Npospf!Dpvouz-!Gmpsjeb, Case No. 19-CA-460-P. At that meeting,the
Board approved holding a closed session and public notice was given through public announcementof the
meeting at the 12/11/19 BOCC meeting and through publication of the 1/22/20 BOCC meeting agenda on
the County website. At the 1/22/20 BOCC meeting, the Board approved continuing the closed session to the
2/19/20 BOCC meeting in Key West, FL. Public notice was given through public announcement of the
continuance at the 1/22/20 BOCC meeting and through publication of the 2/19/20 BOCC meeting agenda on the
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 relatingtolitigation
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.
Letart 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 attorneyclient session has been terminated, and we are now re-opening this public meeting.
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