HomeMy WebLinkAboutItem K1 K1
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
May 21, 2025
Agenda Item Number: KI
2023-3953
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Anjelica N. Harden-Ivanoski or Bob
N/A Shillinger
AGENDA ITEM WORDING: Continuation of an Attorney-Client Closed Session in the matter of
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. TIME APPROXIMATE 11:30 A.M.
ITEM BACKGROUND:
The County is currently in litigation in the matter of 2014 Janice Vincent Trust, et al., v. Monroe
County, Case No. 24-CA-332-K. The County Attorney needs to discuss the current status of the
litigation, and seeks Board direction regarding trial strategy and litigation expenditures. Persons in
attendance will include the County Commissioners, County Administrator Christine Hurley, County
Attorney Bob Shillinger, Assistant County Attorney Anjelica Harden-Ivanoski, and a certified court
reporter. The requested closed session would be held at the 4-19-25 BOCC Meeting in Marathon,
Florida at 9 am or as soon thereafter as may be heard. The request for a closed session was approved at
the 03-25-25 BOCC meeting. The closed session was held at the BOCC's 4-16-25 meeting after which
the BOCC voted to continue the closed session at the 05-21-25 BOCC in anticipation of the mediation
scheduled for 5-15-25 producing a tentative settlement agreement warranting further discussion by the
BOCC.
PREVIOUS RELEVANT BOCC ACTION:
05-15-14 -Agenda Item 2452 - Request for a closed session.
07-17-24 -Agenda Item 2601 - Closed session adjourned until 08-21-24.
08-21-14 -Agenda Item 2801 - Closed session adjourned until 09-04-24.
09-04-24 -Agenda Item 2914 - Closed session held.
03-25-25 -Agenda Item 3744 - Request for a closed session.
04-16-25 -Agenda Item 3873 - Closed session held and a continuance motion was granted for the 05-
21-25 BOCC meeting.
INSURANCE REQUIRED:
3401
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Hold the closed session.
DOCUMENTATION:
Closed Session Script-Day of-2014 Janice Vincent Trust on 05-21-25.docx
FINANCIAL IMPACT:
Court reporter costs.
3402
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 thirty(30) minutes. The persons attending the meeting
will be the County Commissioners, County Administrator Christine Hurley, County Attorney Bob
Shillinger, 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
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 03/25/2025 that he
needed advice in the matter of 2014 Janice Vincent Trust, et al., v. Monroe County, Case No. 24-CA-332-
K. At that meeting, the Board approved holding a closed session and public notice was given through
public announcement of the meeting at the 03/25/2025 BOCC Meeting and through publication of the
04/16/2025 BOCC regular meeting agenda on the County's website. At the 04/16/25 BOCC meeting the
Board approved continuing the closed session at the BOCC meeting on 05/21/25 in Key West at 10:00 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 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.
3403