Item P11 P11
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
October 18, 2023
Agenda Item Number: P11
2023-1633
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: Request to hold an Attorney-Client Closed Session in the matter of
Monroe County, Florida v. DGW Corporation, 16th Judicial Circuit Case No. 23-CA-249-M, at the November 8,
2023,BOCC regular meeting in Key West,Florida, at 9:00 am 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 County
Commissioners, County Administrator Roman Gastesi, County Attorney Bob Shillinger, Senior
Assistant County Attorney Cynthia Hall, Assistant County Attorney Kelly Dugan, and a certified court
reporter.
PREVIOUS RELEVANT BOCC ACTION:
The BOCC approved litigation proceedings regarding CE20010126,property owned by the DGW
Corporation, at the May 17, 2023, meeting.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Hold the closed session.
DOCUMENTATION:
Closed_Session_Request_for_DGW_10-18-23.docx
FINANCIAL IMPACT:
Total Cost to County: Court Reporter Costs
Budgeted: Yes
Source of Funds: 67501-530330
5232
Request for Closed Session by County Attorney
For the record, Bob Shillinger, in my capacity as County Attorney for the Board of County
Commissioners of Monroe County:
As you are aware, the County is currently in litigation in the matter of Monroe County,
Florida v. DGW Corporation, 16'h Judicial Circuit Case No. 23-CA-249-M. I need your advice
concerning the litigation and request that you schedule a private meeting.
The subject matter of this meeting will be confined to settlement negotiations and strategy
sessions related to litigation expenditures.
The persons to be in attendance at this closed meeting will be the County Commissioners,
County Administrator Roman Gastesi, County Attorney Bob Shillinger, Senior Assistant County
Attorney Cynthia Hall, Assistant County Attorney Kelly Dugan, and a certified court reporter. By
law, no other persons are permitted to be present at the meeting. It is estimated that the meeting
will take approximately thirty (30) minutes.
As required by law, the court reporter shall record the times of commencement and
termination of the meeting, all discussions and proceedings, the names of all persons present at
any time, and the names of all persons speaking. No portion of the meeting will be"off the record."
The court reporter's notes will be fully transcribed, sealed, and then filed with Kevin Madok, as
Clerk. The transcript shall be made part of the public record upon conclusion of the litigation.
It is requested that you schedule the closed meeting of the Board to be held at the regular
meeting scheduled for November 8, 2023, in Key West, Florida, at 9:00 a.m., or as soon thereafter
as the matter may be heard.
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