Item O06 06
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: 06
2023-2452
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
AGENDA ITEM WORDING: Request for Closed Sessions in the unrelated matters of 1) 2014 Janice
Vincent Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K and 2) In re:Michael
Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District of Florida Case No.:
23-11154-RAM.
ITEM BACKGROUND:
The County Attorney is requesting two closed sessions to be held at the July 17, 2024 BOCC Meeting,
regarding two unrelated cases:
1) 2014 Janice Vincent Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-
332-K. The case involves access to Bay Drive in the Sunset Point and Bay Harbor subdivisions in the
Upper Keys.
and
2)In re: Michael Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern
District of Florida Case Number 23-11154-RAM. The case involves $255,047.61 in unpaid tourist
development taxes.
PREVIOUS RELEVANT BOCC ACTION:
1)N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
3917
DOCUMENTATION:
Closed—Session Script-Bay_Dr._7-17-24.pdf
ECF 227 Order Granting Monroe County's MSJ.pdf
Closed—Session Script-McMahon Bank-ruptcy 7.17.24.pdf
FINANCIAL IMPACT:
Unknown
3918
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 2014 Janice Vincent Family
Trust, et al., v. Monroe County, Case No. 24-CA-332-K. 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,Acting
County Administrator Kevin Wilson, County Attorney Bob Shillinger, Sr. Assistant County Attorney
Cynthia Hall, Assistant County Attorneys Nathalia Archer and Anjelica Harden, 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 this 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 July 17, 2024,in Marathon,Florida, at 9:00 A.M.,or as soon thereafter as the matter may be
heard.
3919
Case 2 -11154-RAM Doc 227 Filed 03/28/24 Page 1 of 7
B
a�v
Otis* * * trA
PD
o
a�xFRNDIsBICf F�O Q
ORDERED in the Southern District of Florida on March 28, 2024.
Robert A. Mark,Judge
United States Bankruptcy Court
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
In re: Case No. 23-11154-RAM
MICHAEL JOSEPH MCMAHON and Chapter 11
SERGEI NIKOSHCHENKOV,
Debtors.
ORDER GRANTING MONROE COUNTY'S
MOTION FOR SUMMARYJUDGMENT AND ALLOWING CLAIM
The Court conducted a hearing on March 5, 2024 on Secured Creditor Monroe
County's Motion for Summary Judgment; Memorandum of Law; Affidavit of Pamela L.
Sellers; and Exhibit A-D (the "Summary Judgment Motion") [DE# 184] filed by Monroe
County, Florida. The Court has considered the record, including the Summary Judgment
Motion, the Affidavit of Pamela Sellers and the exhibits attached to the Summary Judgment
Motion, Monroe County's Notice of Filing [DE# 191], the Debtors' Response in Opposition
to [the Summary Judgment Motion] [DE#203]filed by Michael Joseph McMahon and Sergei
Nikoshchenkov (together, the "Debtors"), the Debtors' Statement of Material Facts in
1
3920
Case 2 -11154-RAM Doc 227 Filed 03/28/24 Page 2 of 7
Opposition to [the Summary Judgment Motion] [DE# 205], two Declarations filed by Debtor,
Michael McMahon [DE#s 204 and 211], Monroe County's Reply in Support of the Summary
Judgment Motion [DE# 207], and the Secord and Third Affidavit of Pamela Sellers [DE#s
200 and 208]. The Court has also considered the arguments of counsel presented at the
hearing and reviewed applicable law.
For the following reasons, the Court finds that there is no genuine dispute as to any
material fact and the movant, Monroe County, is entitled to judgment as a matter of law
overruling the Debtors' objection to its claim.
Factual and Procedural Background
The Debtors filed their subchapter V petition commencing this chapter 11 case on
February 13, 2023 (the "Petition Date"). On the Petition Date, the Debtor owned properties
in Key West, Monroe County, Florida located at 100 Admirals Lane, 28 Seaside South
Court, and 107 Front Street (each, a "Key West Property" and collectively, the "Key West
Properties"). All three Key West Properties were rented by the Debtors as income
producing, short-term rental properties through various travel websites, most notably
Airbnb.
On July 18, 2023, Monroe County timely filed its Proof of Claim No. 15 in the amount
of$255,047.61 (the "Claim"). The Claim is filed as a secured claim, secured by all the Key
West Properties based on Tax Warrants attached to the Claim as Exhibit B. The Claim is
for unpaid tourist development and tourist impact taxes (the "Taxes") that property owners
in Monroe County, Florida must pay on short-term rental income. Exhibit A to the Claim is
a summary of the tax amount, penalties, and interest component of each Tax Warrant. All
the Tax Warrants were recorded in the Monroe County public records as evidenced by the
2
3921
Case 2 -11154-RAM Doc 227 Filed 03/28/24 Page 3 of 7
recording information contained at the top of each of the Tax Warrants. See Exhibit B to
the Claim.
On August 15, 2023, the Debtors filed an Amended Objection to Claims [DE# 134]
that includes an Objection to the Claim. The objection argues that (1) the tourist
development and tourist impact taxes should have been paid by Airbnb; (2)the liens created
by the Tax Warrants should be separated by the applicable Key West Property; (3) the
"[s]ecured or unsecured Claim should be allowed only for the tax based on reliable figures";
(4) the penalty portions of the Claim are liquidated damages that should be stricken or
equitably subordinated; and (5) the Debtors did not receive proper notice of the liens.
As described in greater detail below, the Debtors have failed to present record
evidence that creates any genuine issues of material fact regarding the amount and validity
of the Claim, nor have they presented legal authority to support the alleged bases for
disallowance, reduction, or subordination of the Claim.
Discussion
First, the Court finds no support for the Debtors' argument that Airbnb had the legal
obligation to pay the Taxes. The Debtors' decision to use Airbnb (and other online
platforms) to book renters and to collect the rents did not absolve the Debtors of their legal
responsibility to pay the Taxes, nor did it impose that responsibility on Airbnb. This issue
was addressed in Gannon v. Airbnb, Inc., 295 So. 3d 779 (Fla. 4th DCA 2020).
In Gannon, the Palm Beach County Tax Collector attempted to collect the tourist
development tax from Airbnb and other online platforms. Gannon, 295 So. 3d at 780. The
Fourth District Court of Appeal rejected the Tax Collector's argument and held that
companies like Airbnb that manage online platforms for the listing, advertising, and booking
of short-term rentals were not subject to the tourist development tax because they are "not
3
3922
Case 2 -11154-RAM Doc 227 Filed 03/28/24 Page 4 of 7
in the business of renting, leasing, or letting transient accommodations as contemplated
under the [tourist development tax statute]." Id. at 782-83. The appellate court also held
that Airbnb and similar platforms were not "dealers"within the meaning of the applicable tax
statutes because they were not the owners, or agents of the owner, of the rental property
who ultimately receive the rental consideration. Id. at 783-84. Rather, Airbnb and the like
"are simply conduits through which customers can compare properties and rate and book a
reservation at the chosen property." Id.
In the absence of any Florida Supreme Court case or a conflicting opinion from
another Florida District Court of Appeal, the Gannon decision is controlling. Airbnb is not
legally responsible for the Taxes at issue in this case. The Debtors cite to and argue that
the U.S. Supreme Court decision in South Dakota v. Wayfair, Inc., 138 S. Ct. 2080 (2018)
controls and requires a different outcome. The Court has reviewed the Wayfair decision
and, for the reasons argued by Monroe County in its papers and at the March 5th hearing,
concludes that Wayfair is inapplicable to the issues before this Court.
Second, the Debtors provide no authority for their argument that the liens created by
the Tax Warrants must be separated by the applicable Key West Property. To the contrary,
the applicable provisions of the Monroe County Code of Ordinances expressly provide that
a tax warrant, once recorded, "shall become a lien of any real property or personal property
of the taxpayer in the same manner as a recorded judgment." Monroe County Code §§ 23-
198(f)(4) and 23-179(f)(6), discussed and quoted in the Summary Judgment Motion [DE#
184, pp. 10-11] and provided in full in Monroe County's Notice of Filing [DE# 191].
Third, the Debtors argue that the amount of the tax was improperly calculated
because Monroe County assumed that the Key West Properties were rented at the
advertised nightly rate for 30 days each month. See Third Affidavit of Pamela L. Sellers in
4
3923
Case 2 -11154-RAM Doc 227 Filed 03/28/24 Page 5 of 7
Support of Secured Creditor Monroe County's Reply to Motion for Summary Judgment.
[DE# 208, ¶5]. Ms. Sellers is employed by the Monroe County Tax Collector as the Director
of Audit and Enforcement. In her affidavit, Ms. Sellers explains that because the Debtors
did not file returns, Monroe County assessed the Taxes by multiplying the advertised nightly
rate by 30 days to estimate the monthly gross rental amount for each of the Key West
Properties. Id. The Debtors argue that this methodology resulted in unrealistically high
estimated revenues since the properties were not fully rented every day of each month. The
Court would agree that had the Debtors filed returns based upon their actual rental receipts,
the Taxes would have been lower.
However, there are two problems with the Debtors' argument. First, the Debtors'
time to contest the assessments expired before the Petition Date. See Fla. Stat. §
72.011(2)(a), providing a taxpayer 60 days from final assessment to bring an action to
contest the assessment in circuit court or with the Florida Department of Administrative
Hearings; see also Fla. Stat. § 72.011(2)(b) and Fla. Admin. Code Rule 12-6.0033(1)(a)-
(b), providing that an assessment becomes final upon the expiration of 20 consecutive
calendar days after the date of issuance on the assessment. The Debtors failed to file an
action in circuit court or to seek a hearing with the Florida Department of Administrative
Hearings contesting the assessments within the applicable timeframe. Accordingly, as
Monroe County points out, the time for the Debtors to contest the assessments ran, at the
latest, within 80 days from the dates on which the assessments were issued on various
dates beginning on October 16, 2018 and continuing through February 11, 2021.
Second, even if the Debtors could still timely contest the amount of the assessments,
it was their burden to file an affidavit calculating the tax liability based upon their actual
revenues, which they failed to do. At the March 5th hearing, the Subchapter V Trustee,
5
3924
Case 2 -11154-RAM Doc 227 Filed 03/28/24 Page 6 of 7
Linda Leali, proffered that her review of the Debtors' records yielded a tax liability of
approximately $75,000. Whether or not this number is accurate, the Debtors did not file an
affidavit or anything else of record to contest the amount of the assessments. Anyway, this
is a moot point because the Debtors' time to contest the assessments expired well before
the Petition Date.
Next, the Debtors argue that the Taxes include penalties that are unenforceable
liquidated damages or punitive amounts that should be stricken or equitably subordinated
as excessive and not commensurate with actual damages. Here, too, the Debtors provide
no authority for their argument and the Court rejects it. The penalties are not liquidated
damages, but rather are statutory penalties legally imposed because the Debtors failed to
file returns or timely pay the Taxes.
Finally, the Court finds no genuine issue of material fact on the Debtors' claim that
they did not receive notice of the Tax Warrants. Monroe County argues that the Debtors
received both actual and constructive notice of the Tax Warrants. Attached to the Summary
Judgment Motion is the Affidavit of Pamela L. Sellers [DE# 184]. In her Affidavit, Ms. Sellers
states that "[o]n July 30, 2020, I met with Mr. McMahon and personally handed him copies
of the tax warrants that had been recorded up to that date." [DE# 184, Affidavit at¶ 10]. Mr.
McMahon disputes Ms. Sellers' statement. In the Declaration of Michael McMahon in
Support of Motion for Summary Judgment [DE# 204], Mr. McMahon states: "Debtor has
never had the pleasure of meeting Ms. Pamela Sellers. Further, Debtor denies receiving
copies of the tax warrants from Ms. Sellers." [DE# 204, ¶ 19].
If personal service of the Tax Warrants was required, Mr. McMahon's Affidavit would
create a factual issue on the sufficiency of notice. However, despite whether Ms. Sellers
personally delivered copies of the Tax Warrants to Mr. McMahon, the Debtors had
6
3925
Case 2 -11154-RAM Doc 227 Filed 03/28/24 Page 7 of 7
constructive notice under Fla. Stat. § 28-222(3)when the Tax Warrants were recorded. See
Mayfield v. First City Bank of Fla., 95 So. 3d 398, 402 (Fla. 1st DCA 2012) ("Under th[e]
current version [of the Florida recording statute, Fla. Stat. § 695.11, the courts have
continued to find that constructive notice attaches upon compliance with the recording
statute."). And, pursuant to Fla. Stat. § 28.222(3)(a), the Tax Warrants were authorized to
be recorded in the Monroe County public records. Therefore, the Court finds that the
Debtors had sufficient notice of the Tax Warrants.
Conclusion
Based upon the undisputed facts and law discussed above, the Court ORDERS as
follows-
1. The Summary Judgment Motion [DE# 184] is granted.
2. The Debtors' objection to Monroe County's Proof of Claim No. 15 in their
Amended Objection to Claims [DE# 134] is overruled.
3. Monroe County, Florida's Proof of Claim No. 15 is allowed as a secured claim
in the amount of$255,047.61 , secured by a lien on all the Key West Properties.
Copies to:
Joel M. Aresty, Esq.
Cynthia L. Hall, Esq.
Linda Marie Leali, Sub V. Trustee
Office of the U.S. Trustee
Attorney Aresty is directed to serve a copy of this Order on all other interested parties and
file a Certificate of Service.
7
3926
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 In re: Michael Joseph
McMahon and Sergei Nikoschchenkov, US Bankruptcy Court for S.D.of Florida Case No.23-11154-RAM.
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,Acting
County Administrator Kevin Wilson, County Attorney Bob Shillinger, Sr. Assistant County Attorney
Cynthia Hall and Assistant County Attorney Anjelica Harden, 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 this 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 July 17, 2024,in Marathon,Florida, at 9:00 A.M.,or as soon thereafter as the matter may be
heard.
3927
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Thursday, May 9, 2024 8:44 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; InternalAudit
Subject: Item 06 BOCC 05/15/2024 REVISED BACKUP
Attachments: Closed_Session_Request_for_Beckman_to_be_held_in_July_17_2024.docx; AIS.pdf
Good Morning,
Please be advised, the agenda item backup has been revised for item 06.
"Request for Closed Sessions in the unrelated matters of I) 2014 Janice Vincent Family Trust, et al., v. Monroe
County, 16th Judicial Circuit Case No. 24-CA-332-K and 2) In re: Michael Joseph McMahon and Sergei
Nikoshchenkov, U.S. Bankruptcy Court for the Southern District ofFlorida Case No.: 23-11154-RAM. "
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
w.r o n r y e c_ u�n1y:�:V_e.gpy
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
1
06
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
May 15, 2024
Agenda Item Number: 06
2023-2452
BULK ITEM: Yes DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
AGENDA ITEM WORDING: Request for Closed Sessions in the unrelated matters of 1) 2014 Janice
Vincent Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K and 2) In re:Michael
Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District of Florida Case No.:
23-11154-RAM.
ITEM BACKGROUND:
The County Attorney is requesting two closed sessions to be held at the July 17, 2024 BOCC Meeting,
regarding two unrelated cases:
1) 2014 Janice Vincent Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-
332-K. The case involves access to Bay Drive in the Sunset Point and Bay Harbor subdivisions in the
Upper Keys.
and
2)In re: Michael Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern
District of Florida Case Number 23-11154-RAM. The case involves $255,047.61 in unpaid tourist
development taxes.
PREVIOUS RELEVANT BOCC ACTION:
1)N/A
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
1
DOCUMENTATION:
Closed—Session Script-Bay_Dr._7-17-24.pdf
ECF 227 Order Granting Monroe County's MSJ.pdf
Closed—Session Script-McMahon Bank-ruptcy 7.17.24.pdf
FINANCIAL IMPACT:
Unknown
2
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. Richard Beckman and Diane Beckman, 16'h Judicial Circuit Case No. 23-CA-19-P. I
need your advice concerning the matter 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,
Acting County Administrator Kevin Wilson, County Attorney Bob Shillinger, Senior Assistant
County Attorney Cynthia Hall, Assistant County Attorneys Kelly Dugan and Anjelica Harden, 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 July 17, 2024, in Key West, Florida, at 9:00 a.m., or as soon thereafter as
the matter may be heard.
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Thursday, May 9, 2024 11:13 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; InternalAudit
Subject: RE: Item 06 BOCC 05/15/2024 REVISED ITEM WORDING & BACK-UP
Importance: High
Follow Up Flag: Follow up
Flag Status: Flagged
Additional correction to item 06.
AGENDA ITEM WORDING: Request for Closed Sessions in the unrelated matters of 1) 2014 Janice Vincent
Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K and 2)In re: Michael Joseph
McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District of Florida Case No.: 23-11154-
RAM;Monroe County, TZorida v. Richard Ileckman and Diane Ileckman 16"h Judicial Circuit Case No. 23-CA-19-P.
ITEM BACKGROUND:
The County Attorney is requesting two closed sessions to be held at the July 17, 2024 BOCC Meeting,
regarding two unrelated cases:
1) 2014 Janice Vincent Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K.
The case involves access to Bay Drive in the Sunset Point and Bay Harbor subdivisions in the
Upper Keys.
2)In re: Michael Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District
of Florida Case Number 23-11154-RAM. The case involves $255,047.61 in unpaid tourist development taxes.
And
3) Monroe County, T'lorida v. Richard Beckinun and Diane Beckinan, 16t1i Judicial Circuit Case No. 23-CA-19-
P. The case involves $73,400.00 in unpaid fines and unpaid costs of$11,492.41 arising out o Code Case
CE15020022.
From: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Sent:Thursday, May 9, 2024 8:44 AM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County_Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-clerk.com>; Senior Management Team and Aides
1
<Senior_Management_Team_and_Aides@ Mon roecounty-fl.gov>; Liz Yongue<eyongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>
Cc: Gastesi-Roman <Gastesi-Roman@MonroeCounty-FL.Gov>; Shillinger-Bob<Shillinger-Bob@ Mon roeCounty-FL.Gov>;
Williams-Jethon <Williams-Jethon@MonroeCounty-FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>;
Live ngood-Kristen <Livengood-Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@MonroeCounty-
FL.Gov>; Pam Radloff<pradloff@monroe-clerk.com>; County_Attorney<Cou nty_Attorney@ Mon roeCou nty-FL.Gov>;
Allen-John <Allen-John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Saenz-
Stephanie<Saenz-Stephanie@ Mon roeCounty-FL.Gov>; Hurley-Christine<Hurley-Christine@ Mon roeCounty-FL.Gov>;
Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-Dina@MonroeCounty-FL.Gov>;
Beyers-John <Beyers-John@MonroeCounty-FL.Gov>; InternalAudit@monroeclerkFL.onmicrosoft.com
Subject: Item 06 BOCC 05/15/2024 REVISED BACKUP
Good Morning,
Please be advised, the agenda item backup has been revised for item 06.
"Request for Closed Sessions in the unrelated matters of I) 2014 Janice Vincent Family Trust, et al., v. Monroe
County, I6th Judicial Circuit Case No. 24-CA-332-K and 2) In re: Michael Joseph McMahon and Sergei
Nikoshchenkov, U.S. Bankruptcy Court for the Southern District ofFlorida Case No.: 23-11154-RAM. "
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
vier o n r y e c_ u�n1y:�:V_e.gpy
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
2
Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Thursday, May 9, 2024 1:13 PM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Pamela G. Hancock;
Senior Management Team and Aides; Liz Yongue; InternalAudit
Cc: Gastesi-Roman; Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen;
Rubio-Suzanne; Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Saenz-
Stephanie; Hurley-Christine; Rosch-Mark; Gambuzza-Dina; Beyers-John; InternalAudit
Subject: RE: Item 06 BOCC 05/15/2024 REVISED ITEM WORDING & BACK-UP
A few more corrections:
AGENDA ITEM WORDING: Request for Closed Sessions in the unrelated matters of 1) 2014 Janice Vincent
Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K and 2)In re: Michael Joseph
McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District of Florida Case No.: 23-11154-
RAM; and 3 Monroe County, TZorida v. Richard Ileckman and Diane Ileckman 16"'Judicial Circuit Case No. 23-CA-19-
P.
ITEM BACKGROUND:
The County Attorney is requesting two-three closed sessions to be held at the July 17, 2024 BOCC Meeting,
regarding two-three unrelated cases:
1) 2014 Janice Vincent Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K.
The case involves access to Bay Drive in the Sunset Point and Bay Harbor subdivisions in the
Upper Keys.
2)In re: Michael Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District
of Florida Case Number 23-11154-RAM. The case involves $255,047.61 in unpaid tourist development taxes.
And
3) Monroe County, T'lorida v. Richard Beckinan and Diane Beckinan, 16t1" Judicial Circuit Case No. 23-CA-19-
P. The case involves $73,400.00 in unpaid fines and unpaid costs of$11,492.41 arising out of Code Case
CE15020022.
From: Gomez-Krystal <Gomez-Krystal@ Mon roeCounty-FL.Gov>
Sent:Thursday, May 9, 2024 11:13 AM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County_Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-clerk.com>; Senior Management Team and Aides
<Senior_Management_Team_and_Aides@ Mon roecounty-fl.gov>; Liz Yongue<eyongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>
Cc: Gastesi-Roman <Gastesi-Roman@MonroeCounty-FL.Gov>; Shillinger-Bob<Shillinger-Bob@ Mon roeCounty-FL.Gov>;
Williams-Jethon <Williams-Jethon@MonroeCounty-FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>;
Live ngood-Kristen <Livengood-Kristen@ Mon roeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@MonroeCounty-
FL.Gov>; Pam Radloff<pradloff@monroe-clerk.com>; County_Attorney<Cou nty_Attorney@ Mon roeCou nty-FL.Gov>;
Allen-John <Allen-John@MonroeCounty-FL.Gov>; 'Danise Henriquez' <d hen riquez@monroe-clerk.com>; Saenz-
i
Stephanie<Saenz-Stephanie@ Mon roeCounty-FL.Gov>; Hurley-Christine<Hurley-Christine@ Mon roeCounty-FL.Gov>;
Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-Dina@MonroeCounty-FL.Gov>;
Beyers-John <Beyers-John@MonroeCounty-FL.Gov>; InternalAudit@monroeclerkFL.onmicrosoft.com
Subject: RE: Item 06 BOCC 05/15/2024 REVISED ITEM WORDING & BACK-UP
Importance: High
Additional correction to item 06.
AGENDA ITEM WORDING: Request for Closed Sessions in the unrelated matters of 1) 2014 Janice Vincent
Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K and 2)In re: Michael Joseph
McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District of Florida Case No.: 23-11154-
RAM;Monroe County, TZorida v. Richard Ileckman and Diane Ileckman 16"h Judicial Circuit Case No. 23-CA-19-P.
ITEM BACKGROUND:
The County Attorney is requesting two closed sessions to be held at the July 17, 2024 BOCC Meeting,
regarding two unrelated cases:
1) 2014 Janice Vincent Family Trust, et al., v. Monroe County, 16th Judicial Circuit Case No. 24-CA-332-K.
The case involves access to Bay Drive in the Sunset Point and Bay Harbor subdivisions in the
Upper Keys.
2)In re: Michael Joseph McMahon and Sergei Nikoshchenkov, U.S. Bankruptcy Court for the Southern District
of Florida Case Number 23-11154-RAM. The case involves $255,047.61 in unpaid tourist development taxes.
And
3) Monroe County, T'lorida v. Richard Beckinan and Diane Beckinan, 16t1i Judicial Circuit Case No. 23-CA-19-
P. The case involves $73,400.00 in unpaid fines and unpaid costs of$11,492.41 arising out o Code Case
CE15020022.
From: Gomez-Krystal <Gomez-KrystaI@ Mon roeCounty-FL.Gov>
Sent:Thursday, May 9, 2024 8:44 AM
To: Ballard-Lindsey<Ballard-Lindsey@ Mon roeCounty-FL.Gov>; County Commissioners and Aides
<County Commissioners2@monroecounty-fl.gov>; Kevin Madok<kmadok@ Mon roe-Clerk.Com>; Pamela G. Hancock
<phancock@monroe-derk.com>; Senior Management Team and Aides
<Senior Management Team and Aides@ Mon roecounty-fl.gov>; Liz Yongue<eyongue@monroe-clerk.com>;
'InternalAudit@monroeclerkFL.onmicrosoft.com' <InternalAudit@monroeclerkFL.onmicrosoft.com>
Cc: Gastesi-Roman <Gastesi-Roman@MonroeCounty-FL.Gov>; Shillinger-Bob<Shi Ili nger-Bob@ Mon roeCounty-FL.Gov>;
Williams-Jethon <Wi Ilia ms-Jethon@MonroeCounty-FL.Gov>; Cioffari-Cheryl <Cioffari-Cheryl@MonroeCounty-FL.Gov>;
Live ngood-Kristen <Livengood-Kristen@MonroeCounty-FL.Gov>; Rubio-Suzanne<Rubio-Suzanne@MonroeCounty-
FL.Gov>; Pam Radloff<pradloff@monroe-derk.com>; County_Attorney<County Attorney@ Mon roeCounty-FL.Gov>;
Allen-John <Allen-John@MonroeCounty-FL.Gov>; 'Danise Henricluez' <d hen riguez@monroe-clerk.com>; Saenz-
Stephanie<Saenz-Stephanie@ Mon roeCounty-FL.Gov>; Hurley-Christine<Hurley-Christine@ Mon roeCounty-FL.Gov>;
Rosch-Mark<Rosch-Mark@ Mon roeCounty-FL.Gov>; Gambuzza-Dina <Gambuzza-Dina@MonroeCounty-FL.Gov>;
Beyers-John <Beyers-John@MonroeCounty-FL.Gov>; InternalAudit@monroeclerkFL.onmicrosoft.com
Subject: Item 06 BOCC 05/15/2024 REVISED BACKUP
Good Morning,
2
Please be advised, the agenda item backup has been revised for item 06.
"Request for Closed Sessions in the unrelated matters of I) 2014 Janice Vincent Family Trust, et al., v. Monroe
County, 16th Judicial Circuit Case No. 24-CA-332-K and 2) In re: Michael Joseph McMahon and Sergei
Nikoshchenkov, U.S. Bankruptcy Court for the Southern District ofFlorida Case No.: 23-11154-RAM. "
Sincerely,
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street, Suite 2-205
Key West, FL 33040
(305)292-4441 (Office)
(305)850-8694(Cell)
Courier Stop#1
Notary Public
vier o n rye c_ u�n jy:�:V_e.gpy
i». _ z..- _u`Y _ .�.. _rn nroecou�_nt.Y..-.�..:.i»gy.
PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
3