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Board of County Commissioners Meeting Minutes - Final November 5, 2019 County Attorney Dylan Reingold provided an update regarding the Opioid Negotiation Class Action lawsuit, a lawsuit that includes Indian River County and the cities and towns within the County. He informed the Board of his receipt of a Class Action Notice and Frequently Asked Questions from the United States Court for the Northern District of Ohio. Attorney Reingold's recommendation was to stay in the Negotiation Class of the National Prescription Opiate Litigation, which required no action. He stated that the County would be bound if a Class settlement was approved in the future. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 13.B. 19-0984 Time -Certain 10:30. Attorney -Client Session Attachments: Staff Report The Chairman read into record the opening remarks of the Attorney -Client Session, scheduled for 10:30 a.m., regarding settlement negotiations and/or strategy sessions related to the litigation of expenditures in the litigation of Ocean Concrete, Inc. and George Maib v. Indian River County. The estimated time of the closed Attorney -Client Session was 45 minutes. Present at the meeting were Commissioners Bob Solari (Chairman), Susan Adams (Vice Chairman), Joseph E. Flescher, Peter D. O'Bryan, and Tim Zorc. Also present were Paul Berg (outside counsel), County Attorney Dylan Reingold, County Administrator Jason E. Brown; and Certified Court Reporter Greg Campbell. The Board returned to the Chambers at 11:10 a.m. Chairman Solari announced the termination of the Attorney -Client Session, and Attorney Reingold went over the proposed settlement numbers, reminding the Board of the $2,000,000 jury verdict. He stated that the proposal he received from Smith & Associates included an additional $1,300,000 for prejudgment interest, $1,000,000 for attorney fees, and $500,000 for costs. The total was $4,800,000, and Attorney Reingold was not confident that the proposed settlement would settle all other matters or controversies between Mr. Maib and the County. He was not in favor of accepting the settlement offer. (Clerk's Note: Following a vote on this item, the meeting resumed with Item 12. F.1) A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to reject the settlement offer and to direct the County Attorney to work with outside counsel to move forward with an appeal. The motion carried by the following vote: Aye: 5- Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Indian River County Florida Page 16