Item K1 K.1
County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS
Mayor Craig Cates,District 1
Mayor Pro Tem Holly Merrill Raschein,District 5
The Florida Keys
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
County Commission Meeting
December 7, 2022
Agenda Item Number: K.1
Agenda Item Summary #11398
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. 17-CA-802-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 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 12-07-2022
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date:
Total Dollar Value of Contract: N/A
Total Cost to County: Court Reporter Costs
Current Year Portion:
Budgeted: Yes
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K.1
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 11/02/2022 3:23 PM
Bob Shillinger Completed 11/04/2022 11:26 AM
Lindsey Ballard Completed 11/16/2022 12:19 PM
Board of County Commissioners Pending 12/07/2022 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.
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, C
Assistant County Attorneys Cynthia Hall and Christine Limbert-Barrows, outside counsel Jeff Hochman and a .7)
certified court reporter.
Since the law prohibits any other person from being present at the closed session, the commissioners, the U)
County Administrator, the attorneys for the County and the court reporter will now remain in this meeting U
room, and all other persons are required to leave the room. When the closed session is over,we will re-convene u
and re-open the public meeting. This public meeting is now closed. t
2. At the beginning of the closed session. 0
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 10/19/2022 he needed advice in the N
matter of Ashhritt, Inc. v. Monroe County,Florida and Florida Department of Transportation, Case No. 17-CA- c
802-K. At that meeting,the Board approved holding a closed session and public notice was given through public
announcement of the meeting at the 10/19/2022 BOCC meeting and through publication of the 12/07/2022
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.
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 ul
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.
E
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.
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