Item L5 L.5
BOARD OF COUNTY COMMSSIONERS
County of Monroe f
Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: L.5
Agenda Item Summary #7046
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 matter of Sugarloaf Wi-
Fi, Inc., etc., a Florida Business Corp., vs. Board of County Commissioners of Monroe County, etc.,
et al., Case Nos. 3D19-0434 & 3D19-0224, Third District Court of Appeal, State of Florida, Lower
Tribunal No. 17-0631-K.
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 Pedro Mercado and Cynthia Hall, special outside counsel Jeff
Hochman, Esq. and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
9/16/20 (K5) BOCC continued the Attorney-Client Closed Session to October 21, 20202 in
Marathon, FL at 1:30 P.M. or as soon thereafter as may be heard with the caveat that
the County Attorney will be working toward identifying a date, time and location for a
special meeting for purposes of holding the closed session onsite.
8/19/20 (K5) BOCC continued the Attorney-Client Closed Session to September 16, 20202 in Key
Largo, FL at 1:30 P.M. or as soon thereafter as may be heard
7/15/20 (J5) BOCC continued the Closed Session to 8/19/20 in Key West, FL at 1:30 P.M. or as
soon thereafter as may be heard
7/8/20 (B1) BOCC continued the Closed Session to 7/15/20 in Marathon, FL at 1:30 P.M. or as
soon thereafter as may be heard
6/17/20 (NI) BOCC scheduled a Closed Session for 7/8/20 in Marathon, FL at 10:00 A.M. or as
soon thereafter as may be heard
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L.5
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A
DOCUMENTATION:
Closed Session Script(Sugarloaf Wifi) BOCC 9/16/20 (9/23/20)
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:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 06/22/2020 11:21 AM
Kathy Peters Completed 06/24/2020 10:08 AM
Board of County Commissioners Completed 07/08/2020 10:00 AM
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L.5.a
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. cu
A closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, will now be held. It is
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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, S
Assistant County Attorneys Pedro Mercado and Cynthia Hall, special outside counsel Jeff Hochman, Esq. and
Damian Albert,Esq. and a certified court reporter.
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Since the law prohibits any other person from being present at the closed session, the commissioners, the 0
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 t�
and re-open the public meeting. This public meeting is now closed.
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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 E
Attorney Bob Shillinger who announced at a prior BOCC Meeting held on 6/17/20 that he needed advice in the 0
matter of Sugarloaf Wi-Fi, Inc., etc., a Florida Business Corp., vs. Board of County Commissioners of Monroe
County, etc., et al., Case Nos. 3D19-0434 & 3D19-0224, Third District Court of Appeal, State of Florida, Lower Gi
Tribunal No. 17-0631-K. At that meeting, the Board approved holding a closed session and public notice was
given through public announcement of the meeting at the 6/17/20 BOCC meeting and through publication •�
of the 7/8/20 BOCC special budget meeting agenda on the County's website. At the 7/8/20 BOCC special
budget meeting, the Board continued the closed session to the 7/15/20 BOCC meeting and public notice was
given through public announcement of the meeting at the 7/8/20 BOCC meeting and through publication of
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the 7/15/20 BOCC meeting agenda on the County's website. At the 7/15/20 meeting, the Board continued the Q
closed session to the 8/19/20 BOCC meeting and public notice was given through public announcement of the
meeting at the 7/15/20 BOCC meeting and through publication of the 8/19/20 BOCC meeting agenda on the
County's website. At the 8/19/20 meeting, the Board continued the closed session to the 9/16/20 BOCC meeting
and public notice was given through public announcement of the meeting at the 8/19/20 BOCC meeting and
through publication of the 9/16/20 BOCC meeting agenda on the County's website. At the 9/16/20 meeting, the m
Board continued the closed session to the 10/21/20 BOCC meeting and public notice was given through public
announcement of the meeting at the 9/16/20 BOCC meeting and through publication of the 10/21/20 BOCC
meeting agenda on the County's website. CU
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. •2
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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 'C'n
direction to the attorneys. Any decisions this Board makes concerning this case must be done in a meeting open can)
to the public. a)
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. U
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.
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