Item K1 K.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
June 15, 2022
Agenda Item Number: K.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.
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:
Total Dollar Value of Contract: N/A
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K.1
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 Completed 03/16/2022 9:00 AM
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K.1.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.
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A closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, will now be held. It is U)
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 Derek Howard, Peter Morris 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 remain in this u)
meeting room, and all other persons are required to leave the room. When the closed session is over, we will L2
re-convene and re-open the public meeting. This public meeting is now closed. 0
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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 ,u
Attorney Bob Shillinger who announced at a prior BOCC meeting held on 2/16/2022 that he needed advice it �?
the matter of Key Haven Associated Enterprises Inc. v. State of Florida Dept of Env. Protection, State o
Florida Dept of Economic Opportunity and Monroe County, 2nd Judicial Circuit Case No. 2021-CA-1613. A
that meeting, the Board approved holding a closed session and public notice was given through public
announcement of the meeting at the 2/16/22 BOCC meeting and through publication of the 3/16/22 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. ,
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Just as a reminder, we will only be discussing settlement negotiations and strategy relating to litigation .2
expenditures. We cannot take any decisive action at this meeting. We can only provide information and 0
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direction to the attorneys. Any decisions this Board makes concerning this case must be done in a meeting open
to the public. U)
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Let's start our discussion with the County Attorney. 0
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.
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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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