Item L2 L2
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
November 19, 2024
Agenda Item Number: L2
2023-3190
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 In re: Michael
Joseph McMahon and Sergei Nikoshchenkov,U.S. Bankruptcy Court for the Southern District of Florida, Case
No. 23-11154-RAM. The case involves$255,047.61 in unpaid tourist development taxes.
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 Christine Hurley, County Attorney Bob Shillinger, Senior
Assistant County Attorney Cynthia Hall, Assistant County Attorney Anjelica Harden-Ivanoski, and a
certified court reporter.
PREVIOUS RELEVANT BOCC ACTION:
On 05/15/24 the BOCC approved holding a closed session at the regular BOCC meeting on 07/17/24 in
Marathon at 9:00 a.m. or as soon thereafter as may be heard.
At the 07/17/24 BOCC meeting the Board approved moving the closed session to the BOCC meeting on
08/21/24 in Key West at 9:00 a.m. or as soon thereafter as may be heard.
At the 08/21/24 BOCC meeting the Board approved moving the closed session to the BOCC meeting on
09/11/24 in Key Largo at 9:00 a.m. or as soon thereafter as may be heard.
At the 09/11/24 BOCC meeting the Board approved moving the closed session to the BOCC meeting on
10/16/24 in Marathon at 9:00 a.m. or as soon thereafter as may be heard.
At the 10/16/24 BOCC meeting the Board approved moving the closed session to the BOCC meeting on
11/19/24 in Key West at 9:00 a.m. or as soon thereafter as may be heard.
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
4040
STAFF RECOMMENDATION: Hold the closed session.
DOCUMENTATION:
Closed Session Script for McMahon Nov 19 2024.docx
FINANCIAL IMPACT:
Total Cost to County: Court Reporter Costs
Budgeted: Yes
Source of Funds: 67501-530330
4041
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 In re: Michael Joseph McMahon and Sergei Nikoshchenkov,U.S. Bankruptcy Court for the
Southern District of Florida, Case No. 23-11154-RAM. 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
Christine Hurley, County Attorney Bob Shillinger, Senior Assistant County Attorney Cynthia Hall, Assistant
County Attorney Anjelica Harden-Ivanoski 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, 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 05/15/24 that he needed advice
in the matter of In re: Michael Joseph McMahon and Sergei Nikoshchenkov,U.S. Bankruptcy Court for the Southern
District of Florida,Case No.23-11154-RAM. At that meeting,the Board approved holding a closed session and public
notice was given through public announcement of the meeting at the 05/15/24 BOCC meeting and through
publication of the 07/17/24 BOCC meeting agenda on the County's website. At the 07/17/24 BOCC meeting the
Board approved moving the closed session to the BOCC meeting on 08/21/24 in Key West at 9:00 a.m. or as soon
thereafter as may be heard. At the 08/21/24 BOCC meeting the Board approved moving the closed session to the
BOCC meeting on 09/11/24 in Key Largo at 9:00 a.m. or as soon thereafter as may be heard. At the 09/11/24 BOCC
meeting the Board approved moving the closed session to the BOCC meeting on 10/16/24 in Marathon at 9:00 a.m.
or as soon thereafter as may be heard. At the 10/16/24 BOCC meeting the Board approved moving the closed
session to the BOCC meeting on 11/19/24 in Key West at 9:00 a.m. or as soon thereafter as may be heard.
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. 4042