Item N1 N1
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
November 8, 2023
Agenda Item Number: N1
2023-1728
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Kelly Dugan
N/A
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Monroe County,
Florida v. DGW Corporation, 16th Judicial Circuit Case No. 23-CA-249-M.
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:
10/18/23, BOCC approved holding a closed session at the regular BOCC meeting on 11/08/23 in Key
West 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 for DGW 11-08-23.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 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 86.011(8),Florida Statutes,will now be held concerning
the case of Monroe County, Florida v. DGW Corporation, 16'h Judicial Circuit Case No. 23-CA-249-M. It is
estimated that this meeting will take approximately thirty (30) minutes. The persons attending the 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.
Since the law prohibits any other person from being present at the closed session, the commissioners,
the County Administrator, the attorneys for the County, other persons named, 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 10/18/23 that he needed advice
in the matter of Monroe County, Florida v. DGW Corporation, 16'h Judicial Circuit Case No. 23-CA-249-M. At
that meeting, the Board approved holding a closed session and public notice was given through public
announcement of the meeting at the 10/18/23 BOCC meeting and through publication of the 11/08/23 BOCC
meeting agendas 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 or 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 claim 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 closed session has been terminated, and we are now re-opening this public
meeting.
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