Item P3 � P.3
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: P.3
Agenda Item Summary #6384
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289-2584
N/A
AGENDA ITEM WORDING: Request to hold 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:
3/18/20 (Jl) BOCC 3/18/20 meeting postponed to BOCC 4/15/20 requiring request for Closed
Session to be on the record/publicly requested
2/19/20 (Jl) BOCC continued the Closed Session to March 18, 2020 in Key Largo, FL at 1:30
P.M. or as soon thereafter as may be heard
1/22/20 (Jl) 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 (Rl) 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
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P.3
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Req for Closed Session Script(Right to Farm Sunset Garden) BOCC 5 20 20 (3 17 20)
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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P.3.ai
Request for Closed Session by County Attorney c
For the record, Bob Shillinger, in my capacity as County Attorney for the Board of County
Commissioners of Monroe County.
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As you are aware,the County is currently in litigation in the matter of Sunset Garden Estate
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Land Trust 211012014, by and through its Successor Trustee, Simtrust Group LLC, and Sunset
Gardens Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460-P. I need your advice
concerning the litigation and request that you schedule a private meeting. T
The subject matter of this meeting will be confined to settlement negotiations and strategy
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sessions related to litigation expenditures.
The persons to be in attendance at this closed meeting will be the County Commissioners, N
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County Administrator Roman Gastesi, County Attorney Bob Shillinger; Assistant County Attorneys
Peter Morris, Steve Williams and Cynthia Hall, and a certified court reporter. By law, no other
persons are permitted to be present at this meeting. It is estimated this meeting will take
approximately thirty (30) minutes.
As required by law, the court reporter shall record the times of commencement and E
termination of the meeting, all discussions and proceedings, the names of all persons present at any
time, and the names of all persons speaking. No portion of the meeting will be"off the record". The
court reporter's notes will be fully transcribed, sealed, and then filed with Kevin Madok, as Clerk.
The transcript shall be made part of the public record upon conclusion of the litigation. °
It is requested that you schedule the closed meeting of the Board to be held at the regularly
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scheduled meeting on May 20, 2020 in Key West, FL at 1:30 p.m. or as soon thereafter as may be
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heard.
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