Item N2 N2
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: N2
2023-1763
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 Pirates Cove
Property Owners and Boating Association, Inc., et al. v. Monroe County, Archer Berry, and Daniel
Berry Jr., Case No. 23-CA-365-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, and a certified court
reporter.
PREVIOUS RELEVANT BOCC ACTION:
10/18/23, BOCC approved holding a closed session on 11/8/2023 at the regular BOCC meeting 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- Pirates Cove Property Owners Ass°n et al. v. MC Archer Barry and Daniel
Barry Jr..docx
FINANCIAL IMPACT:
N/A
1660
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 fifteen (15) minutes. The
persons attending 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, 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 Regular
Meeting held on October 18, 2023, that he needed advice in the matter of Pirates Cove Property
Owners and Boating Association, Inc., et al. v. Monroe County, Archer Berry, and Daniel Berry
Jr., 16th Judicial Circuit Case No. 23-CA-365-P. At that meeting, the Board approved holding a
closed session on 11/8/2023 and public notice was given through public announcement of the
meeting at the 10/18/2023 BOCC Meeting and through publication of the 11/8/2023 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. 1661