Item B2 B.2
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
September 12, 2022
Agenda Item Number: B.2
Agenda Item Summary #10900
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470
No
AGENDA ITEM WORDING: Attorney-Client Closed Session in the matter of AshBritt, Inc. v.
Monroe County, FL and Florida Department of Transportation, Case No. CA-K-17-802, at the
September 12, 2022 BOCC budget meeting in Key West, Florida, at 4:00 p.m. or as soon thereafter
as the matter 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 Cynthia Hall and Christine Limbert-Barrows, special
litigation counsel Jeff Hochman and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Closed session.
DOCUMENTATION:
Day of Closed Session Script AshBritt 9-12-2022
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Court Reporter Costs
Packet Pg. 5
B.2
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 07/25/2022 10:33 PM
Bob Shillinger Completed 08/30/2022 4:05 PM
Lindsey Ballard Completed 09/07/2022 10:17 AM
Board of County Commissioners Pending 09/12/2022 4:00 PM
Packet Pg. 6
B.2.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.
A closed attorney-client session pursuant to Section 286.011(8), Florida Statutes, 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 Attorneys Cynthia Hall and Christine Limbert-Barrows,outside counsel Jeff Hochman `2
and a certified court reporter.
Since the law prohibits any other person from being present at the closed session, the commissioners, U)
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
re-convene and re-open the public meeting. This public meeting is now closed. U
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 Attorney Bob Shillinger who announced at a prior BOCC meeting held on 8/17/2022 that he needed
advice in the matter of Ashbritt, Inc. v. Monroe County, Florida and Florida Department of Transportation,
Case No. CA-K-17-802. At that meeting, the Board approved holding a closed session and public notice was C
given through public announcement of the meeting at the 8/17/2022 BOCC meeting and through publication of
the 8/17/2022 BOCC meeting agenda and today's 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.
c�
(After all have identified themselves)—Thank you.
U)
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
direction to the attorneys. Any decisions this Board makes concerning this case must be done in a meeting open
to the public. U
4-
0
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.
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.
Packet Pg. 7
' W, BOARD OF COUNTY COMMISSIONERS
County of Monroe + � Ifu�� �, Mayor Craig Cates,District 1
ti Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys ra Michelle Lincoln,District 2
James K.Scholl,District
Robert B.Shillinger,County Attorney** tdw David Rice,District 4
Pedro J.Mercado,Sr.Assistant County Attorney**
Cynthia L.Hall,Sr.Assistant County Attorney**
Christine Limbert-Barrows,Assistant County Attorney** Office of the County Attorney
Derek V.Howard,Assistant County Attorney** I I11 12'Street,Suite 408
Peter H.Morris,Assistant County Attorney ** Key West,FL 33040
Patricia Fables,Assistant County Attorney (305)292-3470 Office
Joseph X.DiNovo,Assistant County Attorney** (305)292-3516 Fax
Kelly Dugan,Assistant County Attorney
Christina Cory,Assistant County Attorney
Nathalia Archer,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law
April 28, 2023
Kevin Madok, CPA
Clerk of the Court, 16'Judicial Circuit
500 Whitehead Street
Key West, FL 33040
In Re: Ashbritt, Inc. v. Monroe County, Case No.: 17-CA-802-K
Dear Mr.Madok:
Please find attached scans of transcripts of six (6) closed attorney-client sessions of the Monroe County Board
of County Commissioners, with regard to the above-entitled civil matter. The closed sessions occurred on:
05/16/2018; 02/20/2019; 05/08/2020; 05/25/2021; 09/12/2022; and, 02/13/2023. Under F.S. 286.011(8), these
transcripts may be made part of the public record, as the litigation has concluded.
Thank you for your assistance in this matter. Please contact me should you have any questions.
Sincerely
Digitally signed by Robert B.Shillinger
Robert B. Shillinger ou cn=Robert B.Shillinger, ,Monroe County BOCC,
ou=Monroe County Attorney,email=shillinger-
bob@monroecounty-fl.gov,c=uS
Date:2023.04.28 15:04:07-04'00'
Robert B. Shillinger
Monroe County Attorney
Attachments: Six closed session transcripts dated 05/16/2018;02/20/2019;05/08/2020;05/25/2021;09/12/2022,02/13/2023
1
1 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY
ATTORNEY-CLIENT CLOSED SESSION
2 MONDAY, SEPTEMBER 12, 2022
3
4 Re: AshBritt, Inc. V. Monroe County, FL and Florida
Department of Transportation, Case No . CA-K-17-802
5
6
COUNTY COMMISSIONERS:
7
David P. Rice, Mayor
8 Michelle Coldiron, County Commissioner
Craig Cates, County Commissioner
9 Jim Scholl, County Commissioner
10 STAFF:
11 Robert B. Shillinger, County Attorney
Cynthia L. Hall, Assistant County Attorney
12 Christine Limbert-Barrows, Assistant County Attorney
Jeffrey L. Hochman, Special Outside Counsel
13 Roman Gastesi, County Administrator
14
15 TRANSCRIPT OF PROCEEDINGS
16 Proceedings of the Board of County Commissioners of
17 Monroe County Attorney-Client Closed Session, at the
18 Harvey Government Center, 1200 Truman Avenue, Key West,
19 Monroe County, Florida, on the 12th day of September, 2022,
20 commencing at approximately 4 : 04 p.m. and concluding
21 at approximately 4 : 42 p.m. , as reported by Susan L.
22 McTaggart, Court Reporter and Notary Public, State of
23 Florida at Large.
24
25
2
1 P R O C E E D I N G S
2 MR. SHILLINGER: So, Mr. Mayor, this is an
3 attorney-client closed session, held pursuant to
4 Florida Statute 286. 011 (8) . It ' s estimated this
5 meeting will take approximately 30 minutes. The
6 persons attending the meeting will be the County
7 Commissioners minus Commissioner Raschein, County
8 Administrator Roman Gastesi, myself, Assistant County
9 Attorneys Cynthia Hall and Christine Limbert-Barrows
10 and outside counsel Jeff Hochman, and a certified court
11 reporter.
12 Since the law prohibits any other person from
13 being present at the closed session, the Commissioners,
14 the County Administrator, the attorneys for the County,
15 and the court reporter will now remain in the meeting
16 room, and all other persons are required to leave the
17 room. When the closed session is over, we will
18 reconvene and reopen the public meeting.
19 Do you declare the open session closed?
20 MAYOR RICE: I do.
21 (Pause in the record. )
22 MR. SHILLINGER: Will you call the closed session
23 to order, sir?
24 MAYOR RICE: I call the closed session to order.
25 MR. SHILLINGER: All right. For the record, this
3
1 meeting is being held at my request. I announced at a
2 prior BOCC meeting held on August 17, 2022, that I
3 needed your advice in the matter of AshBritt, Inc. V.
4 Monroe County and the Florida Department of
5 Transportation, Case No. CA-K-17-802 . At that meeting
6 the Board approved holding a closed session and public
7 notice was given through the public announcement of
8 that meeting on August 17, 2022, and through
9 publication of that meeting agenda as well as
10 publication of today' s meeting agenda on the County' s
11 website.
12 For the record and benefit of the court reporter,
13 each of us will state our name and position, starting
14 with the Commission. Commissioner Scholl?
15 COMMISSIONER SCHOLL: Commissioner Jim Scholl,
16 District 3 .
17 COMMISSIONER CATES : District 1 Commissioner Craig
18 Cates .
19 MAYOR RICE: Commissioner David Rice, District 4 .
20 COMMISSIONER COLDIRON: Michelle Coldiron, County
21 Commissioner, District 2 .
22 MR. GASTESI : Roman Gastesi, County Administrator.
23 MR. SHILLINGER: Bob Shillinger, County Attorney.
24 MS . HALL: Cynthia Hall, Assistant County
25 Attorney.
4
1 MS . LIMBERT-BARROWS : Christine Limbert-Barrows,
2 Assistant County Attorney.
3 MR. HOCHMAN: And Jeff Hochman, special counsel
4 for the County.
5 MR. SHILLINGER: And just as a reminder, we will
6 only be discussing settlement negotiations and the
7 strategy relating to litigation expenditures. We can' t
8 take any decisive action at this meeting. We can only
9 provide information and direction to the attorneys.
10 Any decisions that the Board makes concerning this case
11 must be done in a meeting that' s open to the public.
12 And I ' ll kick it off. And AshBritt' s given us a
13 settlement offer, which I will, it ' s a short letter,
14 I ' ll hand you each a copy of it and the court reporter.
15 They are willing to dismiss the case, bear their costs,
16 and I ' ll hand a copy to the court reporter --
17 COMMISSIONER COLDIRON: I couldn' t hear you.
18 MR. SHILLINGER: I 'm handing a copy of it to the
19 court reporter.
20 COMMISSIONER COLDIRON: No, they' re --
21 MR. SHILLINGER: They' re willing to dismiss the
22 case --
23 COMMISSIONER COLDIRON: Okay.
24 MR. SHILLINGER: -- if we reinstate the agreement
25 and exercise all remaining options on the contract. So
5
1 when we went to contract with them in 2017 it was for
2 five years and then there were a series of five 1-year
3 options, so we hit the 5-year mark this summer and we ' d
4 be in the first option period and then those options
5 would continue until June of 2027 . So they would
6 dismiss the case if we went back, reinstated the
7 contract and awarded them the contract, and they would
8 have it all the way through June 20th of 2027 .
9 This is a revised offer. They had earlier
10 provided a very similar offer in early July which gave
11 them just a 1-year extension to next June, and then
12 they pulled that back when they did the revised offer.
13 And I 've just highlighted the difference so you can see
14 when you' re looking at them very quickly what the
15 differences are . I 'm giving a copy to the court
16 reporter.
17 All right. So we ' re here to talk about the only
18 offer in front of us is the 5-year offer, which we have
19 some concerns with for a couple of reasons, and I want
20 to go through those. At the bottom end of the day I
21 want to get your mind focused on whether we want to
22 entertain any offer that has a reinstatement provision
23 regardless of the terms, and if not we can save a lot
24 of time on some other issues, or if you want to have a
25 reinstatement offer as part of the potential outcome
6
1 we ' re going to need to do some things that we ' ll
2 explain in a few moments .
3 So let me turn it over to Jeff Hochman. He ' s our
4 outside counsel from the law firm of Johnson Anselmo
5 Burke, etc. , etc. , and Hochman' s in there somewhere.
6 He ' s been representing us for years, the firm' s been
7 representing us for years, they represented the City of
8 Key West for years, they probably represented the City
9 of Marathon as well . So Jeff' s been representing us in
10 this case and so he ' s going to tell us how we got here,
11 where we are, evaluation of the litigation, prospects
12 for success, that type of thing.
13 For the record, Commissioner Raschein is not in
14 the closed session today. She ' s following the advice
15 of counsel as well as the Ethics Commission, who
16 advised her since she is employed by AshBritt that she
17 keep herself completely clean of this proceeding so no
18 one can accuse her of misusing her position, using
19 inside information, and so she has absented herself
20 from the room.
21 I ' ll turn it over to Jeff.
22 MR. HOCHMAN: Good afternoon. Just some
23 background here. This is a lawsuit involving a
24 contract with your debris removal folks called
25 AshBritt. They originally filed a suit seeking lots of
7
1 different items . The case has now been reduced really
2 to two items, which are the white goods and the things
3 that are inside white goods, the, what they call the,
4 they call it putrescent waste, and then another part of
5 the contract which was where to haul some of the
6 debris, the haul-out part of it. Right now the claim
7 is about, in terms of the dollar amount, is three
8 invoices totaling approximately a million dollars . If
9 they were to win the case they would win the million
10 dollars they claim to be owed, which they believe is
11 part of the contract and the County has said is not
12 part of the contract and also they can' t be charged for
13 because of sovereign immunity, and if that is
14 determined against the County, the County' s also
15 subject to interest and attorneys ' fees . The total
16 amount with all the appeals and the amount that is
17 being charged right now by the plaintiff' s attorneys we
18 would calculate at trial and then maybe an appeal and
19 that kind of stuff at $3 million.
20 We just had an appeal where the County moved for
21 summary judgment saying that none of those claims were
22 valid, the trial court disagreed, we sought appeal by
23 the Third District Court of Appeal, and the Third
24 District said we 'd rather go back to the trial court
25 and have a trial on this issue of whether there' s a
8
1 contract, whether these obligations are in the
2 contract, and whether sovereign immunity bars the
3 claim. So right now we' re back in the trial court, we
4 do not yet have a trial date but we have more discovery
5 to do and then we would have a trial on this case. The
6 approximate attorneys ' fees that we ' re looking at right
7 now with expert fees is in the neighborhood of
8 $150, 000, it could be less, could be more, but it ' s a
9 lot less than what they are claiming on the plaintiff' s
10 side for their attorneys' fees .
11 The County' s in a strong position in the case, and
12 we received a settlement offer from the plaintiffs that
13 say we would like you to resolve the case with us, we
14 will accept zero money from you, but we want to
15 reinstate our 5-year debris removal contract that was
16 entered into back in 2017 . The first offer we got was
17 we would like you to reinstate it and give us one more
18 year option, and then we received just recently on
19 August 31 a renewed claim where they want it extended
20 for five years .
21 So really what' s happening today is for you to
22 decide really one issue, which is are you interested in
23 having a new contract with AshBritt or not? If you
24 are, then there are a lot of issues to go over about
25 what the benefits and disadvantages are if you have
9
1 some sort of new contract with AshBritt, but if you' re
2 not interested in entertaining that kind of option to
3 settle the case, and again, they would be walking away
4 from a potential $3 million award from the County by
5 resolving with you for paying zero money by the County,
6 or to litigate with them and subject yourself to risk.
7 There is risk on both sides, but the preliminary issue
8 is whether or not AshBritt is a partner you want to
9 continue to have a relationship with or not.
10 MR. SHILLINGER: Okay. So several questions are
11 obviously on your minds and, you know, I usually like
12 to break this down into three simple ones, must you,
13 can you, should you. Must we enter into this
14 agreement, no. Can you enter into this agreement
15 lawfully, would it be legally permissible to do that,
16 yes . But then it bleeds over to the should you.
17 There' s several reasons why this particular proposal by
18 itself is troubling and I ' d recommend a no on it for
19 the five years, but something different that gets us,
20 you know, a shorter period of time is, you know, the
21 first offer I was excited about because get out,
22 there' s really going to be very little risk by the time
23 we enter into it between then and we ' d go back out to
24 bid next summer, you know, they' re going to have a
25 contract for six months outside of hurricane season,
10
1 what' s not to like. Small risk there. But when you go
2 longer it creates a couple of issues with whether FEMA
3 will reimburse us or not, so there' s a couple of
4 different areas on the should you category that we want
5 to go over today if you' re interested in pursuing some
6 sort of deal, which could represent a substantial
7 savings and not have to pay Jeff as much as he ' d like
8 to make money getting ready to go to trial, you know,
9 there is value in settling this case.
10 So the obvious one is, you know, how does that
11 affect our colleague who is not in the room with us . I
12 mean, that can' t be your driving force but I know it' s
13 in the back of all of your minds is, okay, what kind of
14 problems does that cause. So would she have a voting
15 conflict on this? Absolutely, and she could not vote,
16 but she cures it by recusing herself, just like she ' s
17 walked out of this discussion here and she' s not
18 participating.
19 There is a second type of conflict called a status
20 conflict, and for those of you who are keeping track of
21 your CLE hours, continuing ed, ethics hours, and you
22 have to get four every year, start the clock, because
23 this is how you can pick up hours for this type of
24 discussion. So there is a couple of different types of
25 status conflicts. You can' t do business with your own
11
1 agency when you' re a public officer, and there ' s
2 another status conflict in a different section of the
3 statute which prohibits you from holding a conflicting
4 contractual relationship, and there' s a couple of
5 exceptions. You know, of course there' s a rule and
6 then there' s an exception. And what AshBritt is trying
7 to do in this proposal is travel under what' s known as
8 the grandfather exception, note they' re asking to put
9 back the contract that was awarded prior to Holly
10 coming on the Commission, and there' s an exception in
11 the statutes that specifically allows that. So if we
12 hadn' t terminated it and she came on the Commission in
13 her current job working for AshBritt, it would not be a
14 status conflict for her because the contract was in
15 place before she came on. This one' s a little odd
16 because we terminated that agreement and they' re asking
17 us to reinstate that agreement and then exercise the
18 options going forward. So when Holly and --
19 Commissioner Raschein and I were talking about this,
20 because obviously I 'm giving her advice as to not put
21 her in an untenable conflict, when you have that type
22 of conflict unless the exception exists you got to
23 resign from one position. You can' t do both. Simply
24 recusing yourself from the vote is not enough. So
25 we 've been in conversations with the Ethics Commission
12
1 to see, okay, how would this work in this unique
2 circumstance. And the Ethics Commission general
3 counsel and I and Commissioner Raschein were on a
4 three-way conference call, and his answer was gosh darn
5 it, I don' t know. We haven' t written on this specific
6 set of facts so I can' t pull from a prior opinion and
7 tell you here' s the best guidance for going forward.
8 So what this would involve is requesting a formal
9 ethics opinion from the Commission on Ethics .
10 There' s a process to that. If we ' re going to at
11 least entertain reinstatement of a contract for some
12 term as part of a settlement negotiations for us I
13 would recommend that we go through this process so we
14 don' t unnecessarily cause a status ethics problem for
15 Commissioner Raschein. The timing on that will string
16 this out a little bit, but that ' s okay. The other side
17 is aware of these issues and we 've had conversations,
18 they know that we would have to get the Ethics
19 Commission opinion. Ethics Commission is next
20 scheduled to meet on October 21st. The process is the
21 staff would draft a recommended opinion, they'd do the
22 research, come up with it, and once they publish that
23 draft opinion to the commissioners, the Ethics
24 Commissioners, and it goes out to the public, we can' t
25 withdraw it . Only the commission can say we 've decided
13
1 to not issue it, so we would need, and that date when
2 that comes out is October 5th, so we ' re working in the
3 timeframes to get it on the October 21st agenda of the
4 Ethics Commission, and they' re going to look at whether
5 there is, this fits within, this unique circumstance
6 fits within the statutory exception for the grandfather
7 clause. They' re also going to look to see whether it
8 fits within any of the other exceptions that the
9 statute allows, and there' s a catchall one that' s done
10 on a case-by-case basis, and then there' s a series of
11 ones that really don' t apply. We' re not rotating
12 between all qualified vendors in the county, it' s not
13 sealed competitive bids to the lowest bidder where
14 price is the primary thing, it ' s not an emergency
15 purchase, they' re not the sole source vendor within the
16 county, and the total amount on the contract does not
17 exceed $500 . Those are pretty much the only ones that
18 could possibly apply. We don' t fit any of those other
19 exceptions.
20 So if we ' re going to entertain this, my
21 recommendation is give us the head nod, yes, we want to
22 entertain it, we go through this process and at least
23 see if we' re creating a problem for your colleague or
24 not, an ethics problem, and if there is, then she ' ll
25 have to make a choice which position, or maybe we do a
14
1 settlement that doesn' t have a contractual relationship
2 with AshBritt, they' re not our vendor, and settle the
3 litigation that way.
4 The other thing that' s at play here is that there
5 are, my notes, I have columns, I have issues, it' s
6 color-coded, and I didn' t share that with you because I
7 don' t need to confuse you that much. There is another
8 question, there' s really a bigger question for the
9 entity beyond the ethics issues for Commissioner
10 Raschein, is will FEMA reimburse us for future storms
11 if we have this unusual contractual issue here. And
12 because FEMA regs prohibit non-competitively bid
13 contracts, they also prohibit contracts with
14 undisclosed conflicts of interest, and if we entered
15 into the agreement as proposed by AshBritt, the one
16 with the five years, that' s more likely to be seen as
17 what' s called a cardinal change, a major change in the
18 contract because we went from five plus one plus one
19 plus one plus one plus one to five plus five. That ' s a
20 different contract than what was bid. And the reason
21 you have the 1-year increments is because looking into
22 the future you don' t know whether prices are going to
23 go up, prices are going to go down. If the economy had
24 gone in the tank like many of us feared that it still
25 could or it had gone since 2017 and we were in a
15
1 recession like 2008, those 2017 prices probably would
2 be lower now, but the economy keeps going along and
3 things are getting more expensive, 2017 prices are good
4 for the County, thus good for FEMA, who has to pay the
5 check at the end of the day. So if we just went ahead
6 and did five you don' t have that annual look to see
7 whether the economy still supports those rates or not,
8 so we think and our outside counsel that represented us
9 in our bid against FEMA for reimbursement in the base
10 camp case, they do this all the time, they litigate
11 against FEMA in these reimbursement cases, they've
12 expressed really strong concerns about the 5-year deal,
13 said we could mitigate some of those issues if we were
14 down to a year, if they were a backup to our other
15 contractor, DRC, and assuming that the rates in 2017
16 are still competitive, and right now they are because
17 gas prices and fuel prices have gone up, everybody' s
18 price has gone up, we haven' t hit an economic collapse
19 that might go in a different direction. So we got
20 their advice in a very lengthy letter today that we ' re
21 still working our way through, but we've synthesized it
22 enough to know they' re saying longer, bad, shorter, you
23 know, you've minimized the risks, and that might get
24 you there.
25 Other issues, you know, is there a federal statute
16
1 that she needs to worry about common services, I don' t
2 think there' s an issue there, there may be some other I
3 need to spend some time researching.
4 If we want to pursue the settlement that has some
5 flavor of a contract reinstatement we need to know now
6 so we can pursue the ethics opinion, not pull it back,
7 drill down a little farther on the FEMA regs, and drill
8 down a little farther on any other federal regulations
9 that might cause a problem for our colleague. So
10 that' s where we ' re at .
11 MR. HOCHMAN: If the benefits of having a contract
12 some sort of extension is a savings of $3 million and a
13 lock-in of 2017 prices and in this climate right now
14 with inflation and gas prices and labor charges, those
15 are both good benefits for the County, but as your
16 County Attorney just told you, there are plenty of
17 potential disadvantages of going with that route. We
18 don' t need a vote, we just need to know if there' s a
19 consensus to negotiate with AshBritt over a settlement
20 option that includes a new arrangement where they are a
21 vendor of the County to remove debris.
22 COMMISSIONER SCHOLL: Can I ask a question? The
23 language in their two settlement offers says extend the
24 current agreement, but do we have an option of
25 modifying the agreement if we would, that would be part
17
1 of a response to their offer if we could make changes,
2 because if we extend what we already had, we already
3 have trouble with it apparently, so I 'm not sure that' s
4 a good idea.
5 MR. HOCHMAN: So extension is a term of art, it' s
6 a legal term of art, and the County would be using
7 probably different language. It would depend upon what
8 FEMA calls it, and whatever FEMA would call it is how
9 we would reengage the existing agreement.
10 MR. SHILLINGER: But there are things, we would
11 want to add in some updated federal procurement
12 language. I 'm looking at Christine for a head nod.
13 Yes . So there are things that we would want to tag in
14 there as, you know, newer language because the rules
15 have changed in the last five years and we want to make
16 sure that our contracts are compliant and put us in the
17 best position to get reimbursed. We don' t want to
18 leave out a key term that' s going to grab us and keep
19 us from getting reimbursed.
20 MS . LIMBERT-BARROWS : I think, too, we would have
21 to address the claims in the contract, right? I mean,
22 that' s, I think that' s probably what you' re alluding to
23 because they have sued us for additional payment for
24 the waste and then also for the additional haul-out.
25 So that ' s something that I think Jeff will negotiate
18
1 with them about, under the new contract how are those
2 two items that they have sued us for claims under that,
3 how are those going to be addressed under the new
4 contract.
5 MR. HOCHMAN: Right. And some hard thinking needs
6 to go into what part of it is potentially the just
7 renewed contract. If there ' s new things that happen
8 under new language, then FEMA would look at that. So
9 there' s a lot of effort that would go into determining
10 what the new arrangement is and how it gets documented
11 and what we call it . But all those issues would be the
12 source of negotiation and attention. The idea, though,
13 is they still would be your partner at some point going
14 forward, and there have been issues in the past where
15 some Commissioners and some staff members have not been
16 satisfied with AshBritt and others have been satisfied,
17 so the real fork in the road is the simple question of
18 whether you are interested in having a relationship
19 with AshBritt going forward. What that relationship
20 looks like, we can then have a much more detailed
21 conversation, but we don' t need to have that until you
22 decide no, let' s have another type of settlement. For
23 example, let' s offer them some sort of cash or some
24 sort of nice letter or some other type of consideration
25 that they would --
19
1 MR. SHILLINGER: A Conch certificate.
2 MR. HOCHMAN: Some sort of incentive for them to
3 settle the lawsuit without the condition of the
4 settlement being a new or renewed relationship with the
5 County to remove debris .
6 COMMISSIONER CATES : All right. I see, the way I
7 read it, further exercising all remaining 1-year
8 options. They didn' t say it' s going to be a five-year
9 contract. It sounds like it' s the same contract that
10 they originally had if that' s a concern that it ' s a
11 different contract, because it doesn' t say a 5-year
12 contract.
13 MR. SHILLINGER: Right. But it has the effect of
14 being a 5-year contract.
15 COMMISSIONER CATES : Yeah, but still we could
16 cancel it, just like if we don' t agree with it we can
17 cancel the extensions, the options?
18 MR. SHILLINGER: Well, under the current agreement
19 if we hadn' t terminated it, and the similar provision
20 in our existing debris contract where we had a 5-year
21 agreement and then at our option we get to decide
22 whether to renew it for one more year. And so this one
23 would commit us to five years as opposed to one plus
24 one plus one plus one plus one . You might get there at
25 the end, but it gives away your right to say no, we ' re
20
1 tired of you, we ' re going to go out for bidding on it .
2 Remember, last month we extended our current one to
3 next summer so we could go out to bid again. I mean,
4 that was the Administrator' s decision on behalf of
5 staff was to, it ' s time to go out and test the market
6 again.
7 COMMISSIONER CATES : So you' re reading that as
8 further exercising all remaining 1-year options, you
9 want them to be exercised all at one time?
10 MR. SHILLINGER: Right. And that would bind next
11 year' s commission and the following year' s commission
12 and the following year' s commission.
13 COMMISSIONER CATES : I see.
14 COMMISSIONER COLDIRON: You' re leaning in, Roman.
15 MR. GASTESI : I 'm leaning in. I have a couple
16 questions, okay? Mechanically how did this happen?
17 Because yes, we want to make sure that we have an
18 existing contractor ready to go, and we ' re in the peak
19 of hurricane season right now. If they decided to
20 reinstate the contract we ' d have to go back and then
21 come back to the board on the 21st, and when does it
22 actually happen?
23 MR. SHILLINGER: So we wouldn' t have the answer
24 from the Ethics Commission, we 'd know what the staff
25 was going to recommend on October 5th, we wouldn' t have
21
1 the final blessing until October 21st, so I would not
2 recommend that we do anything if we go down this path
3 until after October 21st, so the November meeting.
4 MR. GASTESI : Well, I have a question about that,
5 too. So the Ethics Commission, let ' s talk about that a
6 minute. You said you were excited about the first
7 letter in July. Would you have gone to the Ethics
8 Commission with that letter?
9 MR. SHILLINGER: Yes . I still would have.
10 MR. GASTESI : You still would have at that point?
11 MR. SHILLINGER: Right.
12 MR. GASTESI : Okay. Because I just, I mean, we've
13 talked about this . We have talked about it, and I
14 don' t think we should. I don' t think we should ask the
15 Ethics Commission anything. I think you guys have to
16 make the decision, stand tall, and say we are going to
17 reinstate this contract so we can potentially save the
18 3 million bucks, potentially stick with the 2017 costs,
19 which is, it ' s got to be a big number difference right
20 now, I don' t know what it is but it ' s got to be, and we
21 can look that up, and then move forward and just this
22 is what it is . This has been --
23 MR. SHILLINGER: Right.
24 MR. GASTESI : -- going on for a long time. Let me
25 finish. And then we reinstate the contract so all that
22
1 issue is safe, we have the contractor that we picked
2 initially that' s still today, and I 'm biased because
3 I 've known these guys since my days in the Water
4 Management District, if not the best, they' re among the
5 best in the conversation. They did a good job here in
6 Key West and two of you experienced it, they did a good
7 job in Islamorada, and I live there, so I saw it with
8 my own eyes, they are in fact the best among the best.
9 So yeah, we had some issues and we don' t all behave
10 well sometimes when we ' re in the middle of a fight and
11 they've got that reputation, but like they talk about
12 attorneys, when you want an attorney you want a
13 gladiator, you want somebody that you don' t necessarily
14 want to spend time with that' s going to fight for you.
15 Same thing. This is a messy business. This is a
16 messy, messy business . So you want a messy person
17 working for you. So I 'm not here to make a
18 recommendation, but that' s my recommendation.
19 And by the way, the other thing, instead of a
20 1-year, I mean, they' re already at one year, if we
21 reinstate it add another year if that' s possible so
22 it ' s really a 2-year, because then they' ll be
23 guaranteed next year' s hurricane season because that
24 way we don' t have to do the RFP. I 'm just, I 'm
25 thinking of the work that my personnel has to do . This
23
1 would be easy. If we don' t have to do an RFP, great.
2 So I would recommend two years .
3 MR. SHILLINGER: And we can get into that
4 conversation, but just to point and counterpoint, if we
5 had just went ahead and said yeah, we ' ll take this
6 deal, the 1-year, before they had withdrawn it, that
7 would immediately place Commissioner Raschein into a
8 position of jeopardy and she may get fined, she may get
9 removed, she may get charged with something, because
10 she can' t hold the two positions. That' s the standard
11 of the law. The question is, does she qualify for one
12 of the exceptions. We don' t know the answer to that
13 until we go through the Ethics Commission process, and
14 so I would not leave any of you exposed that way
15 without at least talking to you and letting you know
16 and let you decide, do I really want to bear the risk
17 of being found to be unethical?
18 COMMISSIONER COLDIRON: Have we asked her that
19 question?
20 MR. SHILLINGER: Yeah. And so we are pursuing the
21 Ethics opinion.
22 COMMISSIONER COLDIRON: And that' s her will?
23 MR. SHILLINGER: Yes . She asked me, she
24 authorized me to seek the Ethics opinion on that.
25 Because we, this would be the second one . When she
24
1 first came on and had this job we went through a series
2 of questions and got to a position of they' re not a
3 vendor, she can' t vote on any of their things, she has
4 a voting conflict, she can' t participate in these
5 closed sessions. Their offer was a new wrinkle we
6 hadn' t seen coming and so we hadn' t addressed it
7 before, but, you know, I 've been in close contact with
8 her about giving her like the cover that she needs .
9 And just so you understand the difference of getting
10 the opinion, it gives you the Kevlar vest. If they
11 have said this conduct is fine, you' re pretty much
12 bulletproof from any crank that files a complaint
13 against you, but if we just went forward and you don' t
14 have the benefit of that bulletproof vest, their
15 analysis may come out differently. They' re not going
16 to go against their opinion that they've given
17 prospectively. They will not give you an opinion on
18 your conduct that you have already engaged in. So
19 that' s why we' re in this, we need to ask them for the
20 opinion now. We just went ahead and did that and
21 entered into the agreement, we take that option off the
22 table and she loses whatever benefit she might get out
23 of that bulletproof vest.
24 COMMISSIONER COLDIRON: Okay. But what if anybody
25 doesn' t pursue asking it? I mean, I 'm going to go back
25
1 to your must we, can we, should we .
2 MR. SHILLINGER: What was the question again? If
3 nobody were to --
4 COMMISSIONER COLDIRON: If nobody ever filed a
5 complaint, then everything' s easy peasy?
6 MR. SHILLINGER: Until there' s a complaint there' s
7 no basis for -- yeah. It ' s not like the Ethics
8 Commission is sitting there looking for people to do
9 that.
10 COMMISSIONER COLDIRON: Right, which is why I 'm
11 going to go back to what you always say, must we, can
12 we, should we. But if Holly' s saying she wants you to,
13 well then that' s, we should do her will, not not do it .
14 And I would just while I still have the floor for a
15 second, I 'm good with us entertaining this offer and
16 continuing then to work with AshBritt. I think
17 whatever misgivings we might have had, they are good,
18 and if we have Holly on our team I doubt that we ' re
19 going to be mistreated by AshBritt.
20 MR. SHILLINGER: Right. Now, the other thing to
21 think about --
22 MAYOR RICE: I didn' t believe they were going to
23 mistreat us the first time after they promised not to .
24 But maybe.
25 MR. SHILLINGER: The other thing just to
26
1 understand, so if we do go out to bid next summer or
2 two summers from now and she' s still on the
3 Commission --
4 COMMISSIONER COLDIRON: We can' t do that.
5 MR. SHILLINGER: She can' t, if they are the
6 winning bidder she could not continue in both
7 positions . So they' re looking for the grandfather,
8 they thought of this grandfather exception hook as a
9 way of getting them back in the game in a way that
10 could possibly not cause her to resign both positions
11 and avoiding having that issue in an RFP.
12 MR. HOCHMAN: What' s not traditional about this
13 settlement offer is usually a plaintiff will offer to
14 settle a case in exchange for a payment, and in this
15 case they' re not asking for that. They' re asking for a
16 contract, and you don' t know what that contract' s going
17 to be worth in the future, and what they' re also trying
18 to do is avoid an ethics problem. The ball is now in
19 your court. It is, there are a lot of elements of the
20 offer that are attractive and there' s a lot of elements
21 that are unattractive, and right now all we ' re trying
22 to find out, should we go forward and try to negotiate,
23 or is there enough unattractiveness that ' s being
24 offered that the consensus of the Commission is don' t
25 go that way, let ' s go back to a cash deal or some other
27
1 incentive other than an incentive involving a
2 continuing relationship with AshBritt. And right now
3 we ' re kind of coming to a little bit of a time crunch,
4 so I 'm here to answer your questions and so is the
5 County Attorney, but we really just want some guidance,
6 should we continue to negotiate and deal with the
7 Ethics problems and the FEMA problems. And I think it
8 was a good point that, you know, maybe having somebody
9 on the Commission that could keep AshBritt' s good will
10 would be an incentive, but again you have to realize it
11 may be that the Ethics opinion is no, she can' t have
12 those two positions now, or in three years when you
13 rebid the contract and AshBritt can win it then it may
14 be just kicking a problem down the road.
15 So with that note I will entertain questions.
16 MAYOR RICE: This does have several layers here,
17 and the issues you just addressed are future potential
18 events, and those are Holly' s decisions to make as far
19 as I 'm concerned. It would be very nice but it' s not
20 nice and we don' t have the opinion of the Ethics
21 Commission at exactly the time we would be more
22 comfortable having it, and it seems to me that we also
23 have a lot of negotiation to do on whatever document we
24 agree on, should we agree on one. So what we ' re saying
25 today is just move forward or not move forward, because
28
1 any of those things you mentioned could derail this
2 quickly. Personally, if the Ethics Commission says
3 she ' s got to go or whatever, I wouldn' t, I don' t want
4 to see that happen, but that' s my feeling. That still
5 would be Holly' s decision.
6 MR. SHILLINGER: Right. Or AshBritt' s . They
7 could terminate their relationship with her.
8 MAYOR RICE: But as far as I 'm concerned, the
9 pluses are good enough to explore moving ahead,
10 realizing that there are several potential issues that
11 could derail the whole thing.
12 MR. SHILLINGER: So I see two that are leaning
13 that way. Commissioner Cates, are you leaning that way
14 as well?
15 COMMISSIONER CATES : Yes, I 'm leaning that way,
16 too, with just one thing I 'd like to say. I would not
17 want to move forward if we were going to take a chance
18 of not being reimbursed by FEMA. That would be too
19 risky.
20 COMMISSIONER COLDIRON: And getting the mechanics
21 of that language of the white debris and the putrid.
22 MR. SHILLINGER: Let ' s not set up future fights
23 that we can avoid, is what you' re saying?
24 COMMISSIONER COLDIRON: Yes .
25 MR. SHILLINGER: Yeah.
29
1 Commissioner Scholl?
2 COMMISSIONER SCHOLL: Yeah, I agree with
3 Commissioner Cates here, and to me it would seem like
4 that without exercising all the options at once if you
5 had five more 1-year options or whatever, you'd
6 preserve some flexibility there that you have the
7 decision-making, because you can terminate that at any
8 option point --
9 MR. SHILLINGER: Right.
10 COMMISSIONER SCHOLL: -- going forward as long as
11 there' s five options or four or however many, but in
12 between the five options, you know, that would give us
13 the best flexibility and probably the least reason for
14 them to think of some other term that would cost money.
15 But --
16 COMMISSIONER COLDIRON: Bob, extension options,
17 extensions, would that still be the same contract so it
18 would protect Holly?
19 MR. SHILLINGER: That ' s another question we ' re
20 going to ask them. You know, the questions, I sent off
21 the request. I sent off the request when we had the
22 1-year extension, and then the 5-year extension popped
23 in, and I said oh, hold up, new facts, please consider
24 this . I plan to follow up with their counsel following
25 this thing and say still give us answers, one, five,
30
1 and the renewed extensions along the way, so that we
2 know what the rules of the road are for her so we
3 don' t inadvertently put her in a position of jeopardy.
4 MAYOR RICE: In the interest of time, it seems
5 like we 've answered your question.
6 MR. SHILLINGER: I think we do have our, our --
7 MR. HOCHMAN: We have a consensus, and that' s what
8 we came here asking for. Thank you very much.
9 MR. SHILLINGER: So, Mr. Mayor, do you declare the
10 closed session closed?
11 MAYOR RICE: I declare.
12 (Proceedings concluded at 4 : 42 p.m. )
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1 C E R T I F I C A T E
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3 STATE OF FLORIDA )
4 COUNTY OF MONROE )
5
6 I, Susan L. McTaggart, Florida Professional
7 Reporter and Notary Public, State of Florida at Large, do
8 hereby certify that I was authorized to and did report by
9 stenotype the proceedings in the above-entitled matter, and
10 that the transcript is a true record of said proceedings.
11 Dated this 30th day of September, 2022 .
12
13
Susan L. McTaggart, FPR
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10:15 AshBritt[18]-1:4, behalf[]-20:4 26:25
accept[1]-8:14 3:3,6:16,6:25,8:23, behave[1]-22:9 catchall[1]-13:9
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add[z]-17:11, 18:16, 18:19,25:16, benefits[3]-8:25, 19:6, 19:15,20:7,
22:21 25:19,27:2,27:13 16:11, 16:15 20:13,28:15
additional[z]- AshBritt's[3]-4:12, best[7]-12:7, Cates[4]-1:8,3:18,
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1-year[9]-5:2,5:11, address[1]-17:21 Assistant[5]-1:11, 22:8,29:13 Center[]-1:18
14:21, 19:7,20:8, addressed[3]-18:3, 1:12,2:8,324,4:2 between[3]-9:23, certificate[1]-19:1
22:20,23:6,29:5, 24:6,27:17 assuming[1]-15:15 13:12,29:12 certified[1]-2:10
29:22 Administrator[41- attending[1]-2:6 beyond[1]-14:9 certify[1]-31:8
12[1]-1:2 1:13,2:8,2:14,3:22 attention[1]-18:12 biased[1]-22:2 chance[1]-28:17
1200[1]-1:18 Administrator's[1]- ATTORNEY[]-1:1 bid[6]-9:24, 14:12, change[z]-14:17
12th[1]-1:19 20:4 attorney[z]-2:3, 14:20, 15:9,20:3, changed[1]-17:15
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2008[1]-15:1 agenda[3]-3:9, ATTORNEY- bigger[1]-14:8 Christine[4]-1:12,
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15:15, 16:13,21:18 27:24 292 1:17 bleeds[1]-9:16 12:2, 13:5
2022[5]-1:2, 1:19, agreement[12]- Attorneys[1]-2:9 blessing[1]-21:1 City[z]-6:7,6:8
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4:
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4:42[z]-1:21,30:12 answered[1]-30:5 calculate[1]-7:18
Closed[1]-1:17
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5 appeal[3]-7:18, 6:23 cancel[z]-19:16, Coldiron[z]-1:8,
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5-year[8]-5:3,5:18, 3:20
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above-entitled[1]-
8:6 bars[1]-8:2 Case[z]-1:4,3:5 collapse[1]-15:18
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2
color-coded[1]- concluded[1]- 1:6,31:4 30:9,30:11 26:20
14:6 30:12 county[2]-13:12, Department[21-1:4, emergency[1]-
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23:7,28:13,29:1, 10:21,25:16,27:2 cover[1]-24:8 discovery[1]-8:4 11:25, 12:2, 12:9,
29:3 contract[38]-4:25, Craig[2]-1:8,3:17 discussing[1]-4:6 12:18, 12:19, 12:23,
COMMISSIONER 5:1,5:7,6:24,7:5, crank[1]-24:12 discussion[2]- 13:4,20:24,21:5,
[24]-3:15,3:17,3:20, 7:11,7:12,8:1,8:2, creates[1]-10:2 10:17, 10:24 21:7,21:15,23:13,
4:17,4:20,4:23, 8:15,8:23,9:1,9:25, creating[1]-13:23 dismiss[3]-4:15, 23:21,23:24,25:7,
16:22, 19:6, 19:15, 11:9, 11:14, 12:11, crunch[1]-27:3 4:21,5:6 27:7,27:11,27:20,
20:7,20:13,20:14, 13:16, 14:18, 14:20, cures[1]-10:16 District[7]-3:16, 28:2
23:18,23:22,24:24, 16:5, 16:11, 17:21, current[4]-11:13, 3:17,3:19,3:21,7:23, evaluation[1]-6:11
25:4,25:10,26:4, 18:1, 18:4, 18:7, 19:9, 16:24, 19:18,20:2 7:24,22:4 events[1]-27:18
28:15,28:20,28:24, 19:11, 19:12, 19:14, Cynthia[3]-1:11, document[1]-27:23 exactly[1]-27:21
29:2,29:10,29:16 19:20,20:20,21:17, 2:9,3:24 documented[1]- example[1]-18:23
commissioners[1]- 21:25,26:16,27:13, 18:10 exceed[1]-13:17
12:23 29:17
D dollar[1]-7:7 exception[e]-11:6,
COMMISSIONERS contract's[1]-26:16 dollars[2]-7:8,7:10 11:8, 11:10, 11:22,
[2]-1:1, 1:6 contractor[3]- darn[1]-12:4 done[2]-4:11, 13:9 13:6,26:8
Commissioners[5]- 15:15,20:18,22:1 date[2]-8:4, 13:1 doubt[1]-25:18 exceptions[4]-
1:16,2:7,2:13, 12:24, contracts[3]-14:13, Dated[1]-31:11
down p]-9:12, 11:5, 13:8, 13:19,
18:15 17:16 David[2]-1:7,3:19
14:23, 15:14, 16:7, 23:12
commit[1]-19:23 contractual[3]- days[1]-22:3 16:8,21:2,27:14 exchange[1]-26:14
common[1]-16:1 11:4, 14:1, 14:11 deal[5]-10:6, 15:12, draft[2]-12:21, excited[2]-9:21,
competitive[2]- conversation p]- 23:6,26:25,27:6 12:23 21:6
13:13, 15:16 18:21,22:5,23:4 debris p]-6:24,7:6, DRC[1]-15:15 exercise[2]-4:25,
competitively[1]- conversations[2]- 8:15, 16:21, 19:5, drill[2]-16:7 11:17
14:12 11:25, 12:17 19:20,28:21 driving[1]-10:12 exercised[1]-20:9
complaint p]- copy[4]-4:14,4:16, decide[4]-8:22, exercising[3]-19:7,
24:12,25:5,25:6 4:18,5:15 18:22, 19:21,23:16 E 20:8,29:4
completely[1]-6:17 cost[1]-29:14 decided[2]-12:25, existing[3]-17:9,
compliant[1]-17:16 costs[2]-4:15, 20:19 early[1]-5:10 19:20,20:18
concern[1]-19:10 21:18 decision[4]-20:4, easy[2]-23:1,25:5 exists[1]-11:22
concerned[2]- counsel p]-2:10, 21:16,28:5,29:7 economic[1]-15:18 expenditures[1]-
27:19,28:8 4:3,6:4,6:15, 12:3, decision-making[1] economy p]-14:23, 4:7
concerning[1]- 15:8,29:24 -29:7 15:2, 15:7 expensive[1]-15:3
4:10 Counsel[1]-1:12 decisions[2]-4:10, ed[1]-10:21 experienced[1]-
concerns[2]-5:19, counterpoint[1]- 27:18 effect[1]-19:13 22:6
15:12 23:4 decisive[1]-4:8 effort[1]-18:9 expert[1]-8:7
Conch[1]-19:1 COUNTY[4]-1:1, declare[3]-2:19, elements[2]-26:19, explain[1]-6:2
3
explore[1]-28:9 Florida[7]-1:4, hard[1]-18:5 interested[4]-8:22, last[2]-17:15,20:2
exposed[1]-23:14 1:19, 1:23,2:4,3:4, Harvey[1]-1:18 9:2, 10:5, 18:18 law[3]-2:12,6:4,
expressed[1]- 31:6,31:7 haul[3]-7:5,7:6, invoices[1]-7:8 23:11
15:12 1 FLORIDA[1]-31:3 17:24 involve[1]-12:8 lawfully[1]-9:15
extend[2]-16:23, focused[1]-5:21 haul-out[2]-7:6, involving[2]-6:23, lawsuit[2]-6:23,
17:2 folks[1]-6:24 17:24 27:1 19:3
extended[2]-8:19, follow[1]-29:24 head[2]-13:21, Islamorada[1]-22:7 layers[1]-27:16
20:2 following[4]-6:14, 17:12 issue[8]-7:25,8:22, leaning[5]-20:14,
extension[6]-5:11, 20:11,20:12,29:24 hear[1]-4:17 9:7, 13:1, 14:11, 16:2, 20:15,28:12,28:13,
16:12, 17:5,29:16, force[1]-10:12 held[3]-2:3,3:1, 22:1,26:11 28:15
29:22 fork[1]-18:17 3:2 issues[13]-5:24, least[4]-12:11,
extensions[3]- formal[1]-12:8 hereby[l]-31:8 8:24, 10:2, 12:17, 13:22,23:15,29:13
19:17,29:17,30:1 forward[1 1]-11:18, herself[3]-6:17, 14:5, 14:9, 15:13, leave[3]-2:16,
eyes[1]-22:8 12:7, 18:14, 18:19, 6:19, 10:16 15:25, 18:11, 18:14, 17:18,23:14
21:21,24:13,26:22, highlighted[1]- 22:9,27:17,28:10 legal[1]-17:6
F 27:25,28:17,29:10 5:13 items[3]-7:1,7:2, legally[1]-9:15
four[2]-10:22, hit[2]-5:3, 15:18 18:2 lengthy[1]-15:20
fact[1]-22:8 29:11 HOCHMAN[8]-4:3, itself[1]-9:18 less[2]-8:8,8:9
facts[2]-12:6, FPR[1]-31:13 6:22, 16:11, 17:5, letter[5]-4:13,
29:23 front[1]-5:18 18:5, 19:2,26:12,
J 15:20, 18:24,21:7,
far[2]-27:18,28:8 fuel[1]-15:17 30:7 21:8
feared[1]-14:24 future[5]-14:10, Hochman[4]-1:12, Jeff[6]-2:10,4:3, letting[1]-23:15
federal[3]-15:25, 14:22,26:17,27:17, 2:10,4:3,6:3 6:3,6:21, 10:7, 17:25 likely[1]-14:16
16:8, 17:11 28:22 Hochman's[1]-6:5 Jeffs[1]-6:9 LIMBERT[2]-4:1,
fees[4]-7:15,8:6, hold[2]-23:10, Jeffrey[]-1:12 17:20
8:7,8:10 G 29:23 jeopardy[2]-23:8, Limbert[3]-1:12,
FEMA[12]-10:2, holding[2]-3:6, 30:3 2:9,4:1
14:10, 14:12, 15:4, game[1]-26:9 11:3 Jim[2]-1:9,3:15 LIMBERT-
15:9, 15:11, 16:7, gas[2]-15:17, 16:14 Holly[4]-11:9, job[4]-11:13,22:5, BARROWS[2]-4:1,
17:8, 18:8,27:7, GASTESI[6]-3:22, 11:18,25:18,29:18 22:7,24:1 17:20
28:18 20:15,21:4,21:10, Holly's[3]-25:12, Johnson[1]-6:4 Limbert-Barrows[3]
few[1]-6:2 21:12,21:24 27:18,28:5 judgment[1]-7:21 -1:12,2:9,4:1
fight[2]-22:10, Gastesi[3]-1:13, hook[1]-26:8 July[2]-5:10,21:7 litigate[2]-9:6,
22:14 2:8,3:22 hours[3]-10:21, June[3]-5:5,5:8, 15:10
fights[1]-28:22 general[1]-12:2 10:23 5:11 litigation[3]-4:7,
filed[2]-6:25,25:4 given[3]-3:7,4:12, hurricane[3]-9:25, 6:11, 14:3
files[1]-24:12 24:16 20:19,22:23 K live[1]-22:7
final[1]-21:1 gladiator[1]-22:13 lock[1]-16:13
fine[1]-24:11 goods[2]-7:2,7:3 keep[3]-6:17, lock-in[1]-16:13
fined[1]-23:8 gosh[1]-12:4 17:18,27:9 look[5]-13:4, 13:7,
finish[1]-21:25 Government[1]- idea[2]-17:4, 18:12 keeping[1]-10:20 15:6, 18:8,21:21
firm[1]-6:4 1:18 immediately[1]- keeps[1]-15:2 looking[6]-5:14,
firm's[1]-6:6 grab[1]-17:18 23:7 Kevlar[1]-24:10 8:6, 14:21, 17:12,
first[6]-5:4,8:16, grandfather[4]- immunity[2]-7:13, key[1]-17:18 25:8,26:7
9:21,21:6,24:1, 11:8, 13:6,26:7,26:8 8:2 Key[3]-1:18,6:8, looks[1]-18:20
25:23 great[1]-23:1 inadvertently[]- 22:6 loses[1]-24:22
fit[1]-13:18 guaranteed[1]- 30:3 kick[1]-4:12 lower[1]-15:2
fits[3]-13:5, 13:6, 22:23 Inc[2]-1:4,3:3 kicking[1]-27:14 lowest[1]-13:13
13:8 guidance[2]-12:71 incentive[4]-19:2, kind[4]-7:19,9:2,
five[1 e]-5:2,8:20, 27:5 27:1,27:10 10:13,27:3 M
9:19, 14:16, 14:18, guys[2]-21:15, includes[1]-16:20 known[2]-11:7,
14:19, 15:6, 17:15, 22:3 increments[1]- 22:3 major[]-14:17
19:8, 19:23,29:5, 14:21 Management[]-
29:11,29:12,29:25 H inflation[1]-16:14 L 22:4
five-year[l]-19:8 information[2]-4:9, Marathon[1]-6:9
FL[1]-1:4 Hall[3]-1:11,2:9, 6:19 labor[1]-16:14 mark[1]-5:3
flavor[1]-16:5 3:24 inside[2]-6:19,7:3 language[6]-16:23, market[1]-20:5
flexibility[2]-29:6, HALL[l]-3:24 instead[1]-22:19 17:7, 17:12, 17:14, matter[2]-3:3,31:9
29:13 hand[2]-4:14,4:16 interest[3]-7:15, 18:8,2821 MAYOR[8]-2:20,
floor[1]-25:14 handing[1]-4:18 14:14,30:4 Large[2]-1:23,31:7 2:24,3:19,25:22,
4
27:16,28:8,30:4, moving[1]-28:9 note[2]-11:8,27:15 6:4,9:25, 15:8 possible[1]-22:21
30:11 MR[481-2:2,2:22, notes[1]-14:5 owed[1]-7:10 possibly[21-13:18,
Mayor[31-1:7,2:2, 2:25,3:22,3:23,4:3, notice[1]-3:7 own[2]-10:25,22:8 26:10
30:9 4:5,4:18,4:21,4:24, November[1]-21:3 potential[51-5:25,
McTaggart[31-1:22, 6:22,9:10, 16:11, number[1]-21:19 P 9:4, 16:17,27:17,
31:6,31:13 17:5, 17:10, 18:5, 28:10
mean[61-10:12, 19:1, 19:2, 19:13, 0 p.m[3]-1:20, 1:21, potentially[31-18:6,
17:21,20:3,21:12, 19:18,20:10,20:15, 30:12 21:17,21:18
22:20,24:25 20:23,21:4,21:9, obligations[1]-8:1 part[81-5:25,7:4, preliminary[1]-9:7
Mechanically[l]- 21:10,21:11,21:12, obvious[1]-10:10 7:6,7:11,7:12, 12:12, present[1]-2:13
20:16 21:23,21:24,23:3, obviously[21-9:11, 16:25, 18:6 preserve[1]-29:6
mechanics[1]- 23:20,23:23,25:2, 11:20 participate[1]-24:4 pretty[2]-13:17,
28:20 25:6,25:20,25:25, October[6]-12:20, participating[11- 24:11
meet[1]-12:20 26:5,26:12,28:6, 13:2, 13:3,20:25, 10:18 price[2]-13:14,
meeting[13]-2:5, 28:12,28:22,28:25, 21:1,21:3 particular[1]-9:17 15:18
2:6,2:15,2:18,3:1, 29:9,29:19,30:6, odd[1]-11:15 partner[21-9:8, prices[81-14:22,
3:2,3:5,3:8,3:9, 30:7,30:9 OF[51-1:1, 1:15, 18:13 14:23, 15:1, 15:3,
3:10,4:8,4:11,21:3 MS[31-3:24,4:1, 31:3,31:4 past[1]-18:14 15:17, 16:13, 16:14
members[1]-18:15 17:20 offer[18]-4:13,5:9, path[1]-21:2 primary[l]-13:14
mentioned[1]-28:1 Must[11-9:13 5:10,5:12,5:18,5:22, Pause[1]-2:21 problem[6]-12:14,
messy[4]-22:15, must[4]-4:11,9:12, 5:25,8:12,8:16,9:21, pay[21-10:7, 15:4 13:23, 13:24, 16:9,
22:16 25:1,25:11 17:1, 18:23,24:5, paying[11-9:5 26:18,27:14
Michelle[21-1:8, 25:15,26:13,26:20 payment[z1-17:23, problems[31-10:14,
3:20 N offered[1]-26:24 26:14 27:7
middle[1]-22:10 offers[1]-16:23 peak[11-20:18 proceeding[1]-
might[61-15:19, name[1]-3:13 officer[1]-11:1 peasy[1]-25:5 6:17
15:23, 16:9, 19:24, necessarily[1]- once[21-12:22, people[1]-25:8 proceedings[21-
24:22,25:17 22:13 29:4 period[21-5:4,9:20 31:9,31:10
million[61-7:8,7:9, need[9]-6:1, 13:1, one[271-6:18,8:17, permissible[1]- PROCEEDINGS[1]-
7:19,9:4, 16:12, 14:7, 16:3, 16:5, 8:22, 10:10, 11:23, 9:15 1:15
21:18 16:18, 18:21,24:19 13:9, 14:15, 14:18, person[21-2:12, Proceedings[2]-
mind[1]-5:21 needed[1]-3:3 14:19, 19:22, 19:23, 22:16 1:16,30:12
minds[21-9:11, needs[31-16:1, 19:24,20:2,20:9, Personally[1]-28:2 process[51-12:10,
10:13 18:5,24:8 22:20,23:11,23:25, personnel[1]-22:25 12:13, 12:20, 13:22,
minimized[1]- negotiate[41-16:19, 27:24,28:16,29:25 persons[21-2:6, 23:13
15:23 17:25,26:22,27:6 one's[1]-11:15 2:16 procurement[l]-
minus[1]-2:7 negotiation[21- ones[31-9:12, pick[1]-10:23 17:11
minute[1]-21:6 18:12,2723 13:11, 13:17 picked[1]-22:1 Professional[1]-
minutes[1]-2:5 negotiations[21- open[21-2:19,4:11 place[21-11:15, 31:6
misgivings[1]- 4:6, 12:12 opinion[141-12:6, 23:7 prohibit[2]-14:12,
25:17 neighborhood[1]- 12:9, 12:19, 12:21, plaintiff[1]-26:13 14:13
mistreat[11-25:23 8:7 12:23, 16:6,23:21, plaintiff's[21-7:17, prohibits[21-2:12,
mistreated[1]- new[1 1]-8:23,9:1, 23:24,24:10,24:16, 8:9 11:3
25:19 16:20, 18:1, 18:3, 24:17,24:20,27:11, plaintiffs[1]-8:12 promised[1]-25:23
misusing[1]-6:18 18:7, 18:8, 18:10, 27:20 plan[1]-29:24 proposal[21-9:17,
mitigate[1]-15:13 19:4,24:5,29:23 opposed[1]-19:23 play[1]-14:4 11:7
modifying[1]-16:25 newer[1]-17:14 option[8]-5:4,8:18, plenty[1]-16:16 proposed[1]-14:15
moments[1]-6:2 next[7]-5:11,9:24, 9:2, 16:20, 16:24, plus[co]-14:18, prospectively[11-
MONDAY[1]-1:2 12:19,20:3,20:10, 19:21,24:21,29:8 14:19, 19:23, 19:24 24:17
money[41-8:14, 22.23,26:1 options[1z1-4:25,
pluses[1]-28:9 prospects[1]-6:11
9:5, 10:8,29:14 nice[31-18:24, 5:3,5:4, 11:18, 19:8, point[51-18:13, protect[1]-29:18
MONROE[21-1:1, 27.19,27:20 19:17,20:8,29:4, 21:10,23:4,27:8, provide[1]-4:9
nobody[21-25:3, 29:5,29:11,29:12,
31:4 29:8 provided[1]-5:10
16
Monroe[41-1:4, 25:4 29: popped[11-29:22 provision[21-5:22,
non[1]-14:12 order[z1-2:23,2:24
1:17, 1:19,3:4 position[9]-3:13, 19:19
month[1]-20:2 non-competitively originally[21-6:25, 6:18,8:11, 11:23, Public[2]-1:22,
months[1]-9:25 111-14:12 19:10 13:25, 17:17,23:8, 31:7
move[4]-21:21, none[1]-7:21 outcome[1]-5:25 24:2,30:3 public[6]-2:18,3:6,
27:25,28:17 Notary[2]-1:22, Outside[1]-1:12 positions[4]-23:10, 3:7,4:11, 11:1, 12:24
moved[1]-7:20 31:7 outside[41-2:10, 26:7,26:10,27:12 publication[21-3:9,
5
3:10 12:21 request[3]-3:1, 28:12 22:10
publish[1]-12:22 reconvene[1]-2:18 29:21 seek[1]-23:24 somewhere[1]-6:5
pull[2]-12:6, 16:6 record[5]-2:21, requesting[1]-12:8 seeking[1]-6:25 sort[6]-9:1, 10:6,
pulled[1]-5:12 2:25,3:12,6:13, required[1]-2:16 seem[1]-29:3 16:12, 18:23, 18:24,
purchase[1]-13:15 31:10 research[1]-12:22 sent[2]-29:20, 19:2
pursuant[1]-2:3 recusing[2]-10:16, researching[1]- 29:21 sought[1]-7:22
pursue[3]-16:4, 11:24 16:3 September[2]- sounds[1]-19:9
16:6,24:25 reduced[1]-7:1 resign[2]-11:23, 1:19,31:11 source[2]-13:15,
pursuing[2]-10:5, reengage[1]-17:9 26:10 SEPTEMBER[1]- 18:12
23:20 regardless[1]-5:23 resolve[1]-8:13 1:2 sovereign[2]-7:13,
put[4]-11:8, 11:20, regs[2]-14:12, 16:7 resolving[1]-9:5 series[3]-5:2, 8:2
17:16,30:3 regulations[1]- response[1]-17:1 13:10,24:1 special[1]-4:3
putrescent[1]-7:4 16:8 revised[2]-5:9, services[1]-16:1 Special[1]-1:12
putrid[1]-28:21 reimburse[2]-10:3, 5:12 session[9]-2:3, specific[1]-12:5
14:10 RFP[3]-22:24,23:1, 2:13,2:17,2:19,2:22, specifically[1]-
Q reimbursed[3]- 26:11 2:24,3:6,6:14,30:10 11:11
17:17, 17:19,28:18 Rice[2]-1:7,3:19 SESSION[1]-1:1 spend[2]-16:3,
qualified[1]-13:12 reimbursement[2]- RICE[8]-2:20,2:24, Session[1]-1:17 22:14
qualify[1]-23:11 15:9, 15:11 3:19,25:22,27:16, sessions[1]-24:5 STAFF[1]-1:10
questions[6]-9:10, reinstate[8]-4:24, 28:8,30:4,30:11 set[2]-12:6,28:22 staff[4]-12:21,
20:16,24:2,27:4, 8:15,8:17, 11:17, risk[5]-9:6,9:7, settle[4]-9:3, 14:2, 18:15,20:5,20:24
27:15,29:20 20:20,21:17,21:25, 9:22, 10:1,23:16 19:3,26:14 stand[1]-21:16
quickly[21-5:14, 22:21 risks[1]-15:23 settlement[11]-4:6, standard[1]-23:10
28:2 reinstated[1]-5:6 risky[1]-28:19 4:13,8:12, 12:12, start[1]-10:22
reinstatement[4]- road[3]-18:17, 14:1, 16:4, 16:19, starting[1]-3:13
R 5:22,5:25, 12:11, 27:14,30:2 16:23, 18:22, 19:4, State[2]-1:22,31:7
16:5 Robert[1]-1:11 26:13 STATE[1]-31:3
Raschein[7]-2:7, relating[1]-4:7 Roman[4]-1:13, settling[1]-10:9 state[1]-3:13
6:13, 11:19, 12:3, relationship[8]- 2:8,3:22,20:14 several[4]-9:10, status[5]-10:19,
12:15, 14:10,23:7 9:9, 11:4, 14:1, 18:18, room[4]-2:16,2:17, 9:17,27:16,28:10 10:25, 11:2, 11:14,
rates[2]-15:7, 18:19, 19:4,27:2, 6:20, 10:11 share[1]-14:6 12:14
15:15 28:7 rotating[1]-13:11 Shillinger[2]-1:11, Statute[1]-2:4
rather[1]-7:24 remain[1]-2:15 route[1]-16:17 3:23 statute[3]-11:3,
Re[1]-1:4 remaining[3]-4:25, rule[1]-11:5 SHILLINGER[34]- 13:9, 15:25
read[1]-19:7 19:7,20:8 rules[2]-17:14, 2:2,2:22,2:25,3:23, statutes[1]-11:11
reading[1]-20:7 Remember[]-20:2 30:2 4:5,4:18,4:21,4:24, statutory[]-13:6
ready[2]-10:8, reminder[1]-4:5 9:10, 17:10, 19:1, stenotype[1]-31:9
20:18 removal[2]-6:24, S 19:13, 19:18,20:10, stick[1]-21:18
real[1]-18:17 8:15 20:23,21:9,21:11,
still[14]-14:24,
realize[1]-27:10 remove[2]-16:21, safe[1]-22:1 21:23,23:3,23:20, 15:7, 15:16, 15:21,
realizing[1]-28:10 19:5 1 satisfied[2]-18:16 23:23,25:2,25:6, 18:13, 19:15,21:9,
really[1 o]-7:1,8:21, removed[1]-23:9 save[2]-5:23,21:17 25:20,25:25,26:5, 21:10,22:2,25:14,
8:22,9:22, 13:11, renew[1]-19:22 savings[2]-10:7, 28:6,28:12,28:22, 26:2,28:4,29:17,
14:8, 15:12,22:22, renewed[4]-8:19, 16:12 28:25,29:9,29:19, 29:25
23:16,27:5 18:7, 19:4,30:1 saw[1]-22:7 30:6,30:9 storms[1]-14:10
reason[2]-14:20, reopen[1]-2:18 scheduled[1]- short[]-4:13 strategy[l]-4:7
29:13 report[1]-31:8 12:20 shorter[2]-9:20, string[1]-12:15
reasons[2]-5:19, reported[1]-1:21 Scholl[4]-1:9,3:14, 15:22 strong[2]-8:11,
9:17 Reporter[2]-1:22, 3:15,29:1 side[2]-8:10, 12:16 15:12
rebid[1]-27:13 31:7 SCHOLL[4]-3:15, sides[1]-9:7
stuff[1]-7:19
received[2]-8:12, reporter[71-2:11, 16:22,29:2,29:10 similar[2]-5:10, subject[2]-7:15,
8:18 2:15,3:12,4:14,4:16, sealed[1]-13:13 19:19
9:6
recently[1]-8:18 4:19,5:16 season[3]-9:25, simple[2]-9:12, substantial[1]-10:6
recession[1]-15:1 represent[l]-10:6 20:19,22:23 18:17 success[1]-6:12
recommend[5]- represented[3]- second[3]-10:19, Simply[1]-11:23 sued[2]-17:23,
9:18, 12:13,20:25, 6:7,6:8, 15:8 23:25,25:15 sitting[1]-25:8 18:2
21:2,232 representing[3]- section[1]-11:2 six[1]-9:25 suit[1]-6:25
recommendation[3] 6:6,6:7,6:9 see[9]-5:13, 12:1, Small[1]-10:1 summary[1]-7:21
-13:21,22:18 reputation[1]- 13:7, 13:23, 15:6, sole[1]-13:15 summer[4]-5:3,
recommended[1]- 22:11 19:6,20:13,28:4, sometimes[1]- 9:24,20:3,26:1
6
summers[1]-26:2 two[9]-7:2, 16:23, whole[1]-28:11
supports[1]-15:7 18:2,22:6,23:2, willing[2]-4:15,
Susan[3]-1:21, 23:10,26:2,27:12, 4:21
31:6,31:13 28:12 win[3]-7:9,27:13
synthesized[1]- type[6]-6:12, winning[1]-26:6
15:21 10:19, 10:23, 11:21, withdraw[1]-12:25
18:22, 18:24 withdrawn[1]-23:6
T types[1]-10:24 worry[1]-16:1
worth[1]-26:17
table[1]-24:22 U wrinkle[1]-24:5
tag[1]-17:13 written[1]-12:5
tall[1]-21:16 unattractive[1]-
tank[1]-14:24 26:21 Y
team[1]-25:18 unattractiveness[�]
term[5]-12:12, -2623 year p]-8:18, 10:22,
17:5, 17:6, 17:18, under[6]-11:7, 15:14, 19:8, 19:22,
29:14 18:1, 18:2, 18:3, 18:8, 22:20,22:21
terminate[2]-28:7, 19:18 year's[4]-20:11,
29:7 undisclosed[1]- 20:12,22:23
terminated[3]- 14:14 years[1 1]-5:2,6:6,
11:12, 11:16, 19:19 unethical[1]-23:17 6:7,6:8,8:20,9:19,
terms[2]-5:23,7:7 unique[2]-12:1, 14:16, 17:15, 19:23,
test[1]-20:5 13:5 23:2,27:12
they've[3]-15:11, unless[1]-11:22 yourself[2]-9:6,
22:11,24:16 unnecessarily[]- 11:24
thinking[2]-18:5, 12:14
22:25 untenable[1]-11:21 Z
Third[2]-7:23 unusual[1]-14:11
three[4]-7:7,9:12, up[9]-10:23, 12:22, zero[2]-8:14,9:5
12:4,27:12 14:23, 15:17, 15:18,
three-way[1]-12:4 21:21,28:22,29:23,
timeframes[1]-13:3 29:24
timing[1]-12:15 updated[1]-17:11
tired[1]-20:1
today[6]-6:14, V
8:21, 10:5, 15:20,
22:2,27:25 valid[1]-7:22
today's[1]-3:10 value[1]-10:9
total[2]-7:15, 13:16 vendor[4]-13:15,
totaling[1]-7:8 14:2, 16:21,24:3
track[1]-10:20 vendors[1]-13:12
traditional[1]- vest[3]-24:10,
26:12 24:14,24:23
TRANSCRIPT[]- vote[4]-10:15,
1:15 11:24, 16:18,24:3
transcript[]-31:10 voting[2]-10:14,
Transportation[2]- 24:4
1:4,3:5
travel[1]-11:7 W
trial[8]-7:18,7:22,
7:24,7:25,8:3,8:4, walked[�]-10:17
8:5, :8 walking[1]-9:3
trouble[1]-17: wants[1]-25:12
troubling[1]- 3 waste[2]-7:4, 17:24
true[1]-31:10 Water[]-22:3
Truman[�]-1:18 website[1]-3:11
try[1]-26:22 West[3]-1:18,6:8,
trying[3]-11:6,
22:6
26:17,26:21 white[3]-7:2,7:3,
turn[2]-6:3,6:21 28.21