Item L1 L.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
September 21, 2022
Agenda Item Number: L.1
Agenda Item Summary #10875
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Peter Morris (305) 289-2584
1:30 PM CLOSED SESSION
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Sunset Garden
Estate Land Trust 2/10/14, by and through its Successor Trustee, Simtrust Group, LLC, and Sunset
Gardens Farm, LLC v. Monroe County, 16th Judicial Circuit Case No. 19-CA-460-P.
ITEM BACKGROUND: This item is a closed session held pursuant to Section 286.011(8), Florida
Statutes. It is estimated that this meeting will take approximately thirty (30) minutes.
F.S. 286.011(8)provides that the Board and its chief administrative officer can meet in private with
the entity's attorney to discuss pending litigation to which the entity is a party.
Present at the meeting will be the Commissioners; County Administrator Roman Gastesi; County
Attorney Bob Shillinger; Assistant County Attorney Peter Morris, outside counsel for the County,
Andrew Mai; and a certified court reporter.
Pursuant to F.S. 286.011(8), the subject matter of the meeting shall be confined to settlement
negotiations or strategy sessions related to litigation expenditures.
PREVIOUS RELEVANT BOCC ACTION: The County Attorney requested the attorney client
closed session at the June 15, 2022, meeting, which was held on July 20, 2022. After the conclusion
of the closed session on July 20, 2022, the County Attorney and the Board voted to continue the
closed session to the August 17, 2022 meeting should the intervening mediation necessitate further
board action for discussion.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: N/A - closed session.
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DOCUMENTATION:
Closed Session Script(Sunset Garden)
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: If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Bob Shillinger Completed 07/21/2022 11:54 AM
Bob Shillinger Completed 07/21/2022 11:55 AM
Purchasing Skipped 07/21/2022 11:54 AM
Budget and Finance Skipped 07/21/2022 11:54 AM
Brian Bradley Skipped 07/21/2022 11:54 AM
Lindsey Ballard Completed 07/28/2022 9:02 AM
Board of County Commissioners Completed 08/17/2022 9:00 AM
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Mayor's Script for the Day of the 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 Attorney Peter Morris, U)
outside counsel for the Court, Andrew Mai, 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 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.
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2. At the beginning of the closed session:
1 now call this closed session to order. For the record, this meeting is being held upon U)
the request of the County Attorney, Bob Shillinger, who announced at a prior BOCC U
Budget Meeting held on June 15, 2022, that he needed advice in the matter of Sunset
Garden Estate Land Trust 2110114, by and through its Successor Trustee, Simtrust Group,
LLC, and Sunset Gardens Farm, LLC v. Monroe County, 16th Judicial Circuit Case No.
19-CA-460-P. At that meeting, the Board approved holding a closed session on 7/20/22
and public notice was given through public announcement of the meeting at the
06/15/2022 BOCC Meeting and through publication of the 07/20/2022 BOCC regular
meeting agenda on the County's website.
At the close of the 7/20/22 closed session, the County Attorney requested that the
closed session be continued to the 8/17/2022 meeting in the event that the
mediation on 8/9/2022 produced a result that necessitated further discussion by
the Board in closed session. The Board voted to continue the closed session until
8/17/2022 in Key West.
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.
Just as a reminder, we will only be discussing settlement negotiations and strategy
related to litigation expenditures. We cannot take any decisive action at this meeting. We U
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.
Let's start our discussion with the County Attorney.
3. At the end of the closed session, prior to going into open session:
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This closed session is now terminated and we will now 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.
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