Item K1 KI
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
m' David Rice,District 4
Board of County Commissioners Meeting
September 20, 2023
Agenda Item Number: KI
2023-1318
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Peter Morris
N/A
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Sunset Garden
Estate Land Trust 211012014, by and through its successor Trustee, Simtrust Group LLC, and Sunset Gardens
Farm, LLC v. Monroe County, Florida, Case No. 19-CA-460-P.
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 County
Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Senior
Assistant County Attorney Cynthia Hall, Assistant County Attorney Peter Morris, outside counsel Andrew
Mai, and a certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
07/19/23, BOCC approved holding a closed session on 09/20/2023 at the regular BOCC meeting in Key
Largo at 9:00 a.m. or as soon thereafter as may be heard.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Hold the closed session.
DOCUMENTATION:
Closed Session Script(Sunset Garden) for 09-20-23.docx
FINANCIAL IMPACT:
Total Cost to County: Court Reporter Costs
Budgeted: Yes
Source of Funds: 67501-530330
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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,
special outside counsel for the County, 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.
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
Budget Meeting held on July 19, 2023, 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 9/20/23
and public notice was given through public announcement of the meeting at the
07/19/2023 BOCC Meeting and through publication of the 09/20/2023 BOCC regular
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
related 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 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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