Item J1 it
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor Craig Cates,District 1
The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5
Michelle Lincoln,District 2
James K.Scholl,District 3
David Rice,District 4
Board of County Commissioners Meeting
July 19, 2023
Agenda Item Number: J1
2023-1183
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Derek Howard
N/A
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Galleon Bay v.
Monroe County, et al., Case No. 02-CA-595-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
Derek Howard, Cynthia Hall and Peter Morris, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
03/22/23, BOCC approved holding a closed session on 04/19/2023 at the regular BOCC meeting in
Marathon at 9:00 a.m. or as soon thereafter as may be heard. At the 04/19/23 BOCC meeting the closed
session was continued to the 05/17/23 BOCC meeting in Key West. At the 05/17/23 BOCC meeting the
closed session was continued to the 06/21/23 BOCC meeting in Key Largo. At the 06/21/23 BOCC
meeting the closed session was continued to the 07/19/23 BOCC meeting in Marathon.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Closed Session Script(Galleon Bay) for 07-19-23.docx
FINANCIAL IMPACT:
4160
Total Cost to County: Court Reporter Costs
Budgeted: Yes
Source of Funds: 67501-530330
4161
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 Derek Howard, Cynthia Hall and Peter Morris, 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.
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 03/22/23 that he needed advice in the
matter of Galleon Bay v. Monroe County, 02-CA-595-K. At that meeting, the Board approved holding a closed
session. Public notice of this hearing was then given through public announcement of the 07/19/23 BOCC
Meeting and through publication of the 07/19/23 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.
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.
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.
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