Item K1 K1
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
August 21, 2024
Agenda Item Number: KI
2023-2634
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Cynthia Hall
N/A
AGENDA ITEM WORDING: An Attorney-Client Closed Session in the matter of Board of County
Commissioners of Monroe County, Florida v. the Estate of Lily K. Marks, Deceased, et al., 16th Circuit
Court Case No. 19-CA-451-K. The case involves code enforcement matters.
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, Acting County Administrator Kevin Wilson, County Attorney Bob Shillinger, Senior
Assistant County Attorney Cynthia Hall, Assistant County Attorney Anjelica Harden, and a certified
court reporter.
PREVIOUS RELEVANT BOCC ACTION:
On 07/17/24 the BOCC approved holding a closed session at the regular BOCC meeting on 08/21/24 in
Key West at 9:00 a.m. or as soon thereafter as may be heard.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Hold the closed session.
DOCUMENTATION:
Closed_Session_Script_f6r_Marlcs_Aug_21_2024.pdf
FINANCIAL IMPACT:
2113
Total Cost to County: Court Reporter Costs
Budgeted: Yes
Source of Funds: 67501-530330
2114
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 286.011(8), Florida Statutes, will now be held
concerning the matter of Board of County Commissioners of Monroe County, Florida v. Robert Medford, in his
capacity as Personal Representative of the Estate ofLily K. Marks, Deceased, et al., 16th Circuit Court Case No.
19-CA-451-K. It is estimated that this meeting will take approximately thirty (30) minutes. The persons attending
the closed meeting will be the County Commissioners, Acting County Administrator Kevin Wilson, County
Attorney Bob Shillinger, Senior Assistant County Attorney Cynthia Hall, Assistant County Attorney Anjelica
Harden, and a certified court reporter.
Since the law prohibits any other person from being present at the closed session, the commissioners, the
Acting 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 07/17/24 that he needed advice
in the matter of Board of County Commissioners of Monroe County, Florida v. Robert Medford, in his capacity as
Personal Representative of the Estate ofLily K. Marks, Deceased, et al., 16th Circuit Court Case No. 19-CA-451-
K. At that meeting, the Board approved holding a closed session and public notice was given through public
announcement of the meeting at the 07/17/24 BOCC meeting and through publication of the 08/21/24 BOCC
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 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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