Item M1
N/2
BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
March 16, 2022
Agenda Item Number: M.1
Agenda Item Summary #10278
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall (305) 292-3470
1:30 pm
AGENDA ITEM WORDING: Attorney-Client Closed Session in the matter of Key Haven
Associated Enterprises, Inc. v. State of Florida Department of Environmental Protection, State of
Florida Department of Economic Opportunity, and Monroe County, Second Judicial Circuit Case
No. 21-CA-1613, at the regularly scheduled BOCC meeting on March 16, 2022 at 1:30 p.m. in Key
Largo, Florida, or as soon thereafter as may be heard.
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 Cynthia Hall, and a certified
court reporter.
PREVIOUS RELEVANT BOCC ACTION: The closed session was approved by the BOCC at its
2/16/2022 meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Day of Closed Session Script Key Haven
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Qbdlfu!Qh/!2879
N/2
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
N/A
REVIEWED BY:
Cynthia Hall Completed 02/28/2022 9:47 AM
Bob Shillinger Completed 02/28/2022 11:33 AM
Liz Yongue Completed 02/28/2022 11:52 AM
Board of County Commissioners Pending 03/16/2022 9:00 AM
Qbdlfu!Qh/!287:
N/2/b
Forthe Dayof ClosedSession
Thefollowingshould bereadattheappropriate pointduringthe dayof theclosed session.
1.Priorto going into closedsession.
A closed attorney-client session pursuant toSection 286.011(8), FloridaStatutes, 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 Attorney Cynthia Hall, and a certified court
reporter.
Sincethelawprohibitsanyotherpersonfrombeingpresentattheclosedsession,thecommissioners,
the CountyAdministrator,theattorneysfortheCountyandthecourtreporterwillnowremaininthis
meeting room,andallotherpersonsare requiredtoleavetheroom.Whentheclosedsessionisover,wewill
re-conveneand re-open the public meeting. This publicmeetingis now closed.
2.At thebeginning oftheclosed session.
I now callthis 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 held on that heneeded advice in
the matter of
Case No. อต At
thatmeeting, the Board approved holding aclosed session and public notice was given throughpublic
announcement of the meeting at the BOCC meeting andthrough publication of the BOCC
meeting agenda on the County website.
For the record,and the benefitof thecourt reporter,each of uswillstate our nameand positionstarting
withthecommission.
(Afterallhaveidentifiedthemselves) Thankyou.
Justasareminder,wewillonlybediscussingsettlementnegotiationsandstrategyrelatingtolitigation
expenditures. Wecannottakeanydecisiveactionatthismeeting. Wecanonlyprovideinformationand
direction to theattorneys. Anydecisions this Board makesconcerning thiscasemustbedonein ameeting open
tothepublic.
Letart ourdiscussionwiththeCountyAttorney.
3.At theendoftheclosed session,priorto goinginto open session.
This closed session is now terminatedandwewillnot reconveneinthepublicmeeting.
4.Afterthepublicsessionhasbeenre-opened.
Buubdinfou;!Ebz!pg!Dmptfe!Tfttjpo!Tdsjqu!Lfz!Ibwfo!!)Buupsofz.Dmjfou!Dmptfe!Tfttjpo!)Lfz!Ibwfo!Bttpd!!Fou**
Theattorneyclient session has been terminated,and wearenowre-openingthis public meeting.
Qbdlfu!Qh/!2881