HomeMy WebLinkAbout2019-186ABOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
NOVEMBER 05, 2019
10:30 a.m. - 10:31 a.m.
11:10 a.m. - 11:13 a.m.
COUNTY COMMISSION CHAMBERS
COUNTY ADMINISTRATION BUILDING
1801 27TH STREET
VERO BEACH, FLORIDA 32960
IN ATTENDANCE:
Bob Solari, Chairman
Susan Adams, Vice Chairman
Joseph E. Flescher, Commissioner
Peter D. O'Bryan, Commissioner
Tim Zorc, Commissioner
Dylan Reingold, County Attorney
Jason E. Brown, County Administrator
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(Whereupon, the following is an excerpt of
proceedings.)
CHAIRMAN SOLARI: It is now 10:30 and we're going
to announce the attorney-client session. The
attorney-client session will commence 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, pending in the Circuit Court of
the Nineteenth Judicial Circuit in and for Indian River
County, Florida, Case No. 312007CA-011589.
The estimated that the attorney-client session
will last 45 minutes and will be held in the county
commissioners' conference room located on the second
floor of this building.
Attending the attorney-client session will be
Commissioners Susan Adams, the vice-chairman, Joseph
Flescher, Peter O'Bryan, Tim Zorc, and me, Bob Solari;
also present will be Paul Berg, our outside attorney,
County Attorney Dylan Reingold, County Administrator
Jason Brown, and a certified court reporter.
At this time we'll ask that those attending the
attorney-client session, please, go to the county
commissioners' conversations room. At the conclusion
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of the attorney-client session, this meeting will be
reopened. Thank you.
(Whereupon, at 10:31 a.m., a recess was had.)
(Thereupon, at 11:10 a.m., these proceedings were
resumed.)
CHAIRMAN SOLARI: It's now 11:10 and the
attorney-client session is terminated; and we're back
in our regular meeting. To hand it back in our regular
meeting, we are still on the same County Attorney's
matters. I'll ask Mr. Reingold to wrap up the decision
first.
MR. REINGOLD: Thank you very much. So where we
are right now, so I received a letter from the attorney
for Mr. Maib and Ocean Concrete. I will give a quick
background, at least, is that, currently right now the
jury award was for 2 million dollars.
And so the letter that I've received from Smith &
Associates was that the settlement proposal was for the
2 -million -dollar jury verdict, it was for 1.3 million
dollars of prejudgment interest, it was for payment of
reasonable attorney fees of a million dollars, and a
payment of a cost for $500,000, that is a total payment
for $4.8 million. That is what they had proposed to
Indian River County as the settlement of this case,
which is essentially... closely mirrors what I believe
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would be close to our worse case scenario in this
matter.
It also sets in the letter that it would settle
all other matters or controversies between Mr. Maib and
Indian River County. I will note that Mr. Smith, who
represents Mr. Maib, and I have gone back and forth
about that and it is not certain that that will be part
of this settlement.
So seeing as this is a $4.8 million is the
proposal to settle and it does not definitively settle
all matters, County Attorney's office does not
recommend that the board of county commissioners accept
the settlement proposal. And with that, we turn it
back over to chair.
CHAIRMAN SOLARI: Thank you. Commissioners?
COMMISSIONER O'BRYAN: Mr. Chair, I would like to
go ahead and make a motion that we reject the
settlement offer and instruct the county attorney to
work with outside counsel to move forward with an
appeal.
COMMISSIONER FLESCHER: Second.
CHAIRMAN SOLARI: We have a motion and a second:
Motion by Commissioner O'Bryan, second by Commissioner
Flescher. Any comments?
Commissioner, I'm with you and I think, I think
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the party failed to negotiate and were not willing to
negotiate. Not wanting to say much more, but it's
unfortunate we took this position.
So we've got the motion -- I ask anybody from the
public wants to speak on this issue? Anybody from the
public?
(NO RESPONSE.)
CHAIRMAN SOLARI: There being none, we have a
motion by Commissioner O'Bryan, second by Commissioner
Flescher. All in favor? Aye.
VICE CHAIRMAN ADAMS: Aye.
COMMISSIONER O'BRYAN: Aye.
COMMISSIONER FLESCHER: Aye.
COMMISSIONER ZORC: Aye.
CHAIRMAN SOLARI: Passes 5/0.
MR. REINGOLD: Thank you very much.
CHAIRMAN SOLARI: With that, we'll go back to our
regular order of our meeting. We're at public
discussion items.
(Thereupon, at 11:13 a.m., the above -entitled
matter was concluded.)
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STATE OF FLORIDA )
: SS
COUNTY OF INDIAN RIVER )
CERTIFICATE
I, GREGORY CAMPBELL, Notary Public of the State of
Florida at large, certify that I was authorized to and did
stenographically report the foregoing proceedings and that
the transcript is a true and complete record of my
stenographic notes.
DATED this 25TH day of NOVEMBER, 2019.
GREGORY �LAMPBELL, COURT REPOR
Commission No. GG 364132
My Commission Expires 08/08/2023
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3:3,4 5:21
above -entitled
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accept 4:12
Adams 1:10
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Administrator
1:12 2:21
ahead 4:17
and/or 2:7
announce 2: 5
anybody 5:4,5
appeal 4:20
Associates 3:18
ATTENDANCE:
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attending 2:17
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attorney 1:12
2:20,21 3:13
3:21 4:18
Attorney's 3:9
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attorney-client
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authorized 6:10
award 3:16
Aye 5:10,11,12
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background
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believe 3:25
Berg 2:20
board 1:1 4:12
Bob 1:9 2:19
Brown 1:12
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building 1:5
2:16
CAMPBELL 6:9
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case 2:12 3:24
4:1
certain 4:7
CERTIFICATE
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certified 2:22
certify 6:10
chair 4:14, 16
Chairman 1:9
1:10 2:4 3:6
4:15,22 5:8,11
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CHAMBERS 1:5
Circuit 2: 10,11
close 4:1
closely 3:25
commence 2:6
comments 4:24
Commission 1:5
6:21,21
Commissioner
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4:25 5:9,9,12
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commissioners
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4:15
commissioners'
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complete 6:12
concluded 5:22
conclusion 2:25
Concrete 2:9
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conference 2:15
controversies
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conversations
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cost 3:22
counsel 4:19
county 1:1,1,5,5
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decision 3:10
definitively 4:10
discussion 5:19
dollars 3:16,20
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estimated 2:13
excerpt2:1
expenditures
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failed 5:1
favor 5:10
fees 3:21
first 3:11
Flescher 1:10
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floor 2:16
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following 2:1
foregoing 6:11
forth 4:6
forward 4:19
George 2:9
GG 6:21
give 3:14
go 2:24 4:17
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interest 3:20
issue 5:5
items 5:19
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jury 3:16,19
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letter 3:13,17
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litigation 2:8,9
located 2:15
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matters 3: 10
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meeting 3:1,8,9
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million 3:16,19
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minutes 2:14
mirrors 3:25
motion 4:17,22
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move 4:19
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negotiations
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note 4: 5
notes 6:13
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offer 4:18
office 4:11
order 5:18
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Paul 2:20
payment 3:20
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pending 2:10
Peter 1:11 2:19
please 2:24
position 5:3
prejudgment
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present 2:20
proceedings 2:2
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proposal 3:18
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proposed 3:23
public 5:5,6,18
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reasonable 3:21
received 3:13
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recess 3:3
recommend
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record 6:12
regarding 2:6
regular 3:8,8
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reject 4:17
related 2:8
reopened 3:2
report 6:11
reporter 2:22
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RESPONSE 5:7
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right 3:13,15
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sessions 2:7
sets 4:3
settle 4:3, 10, 10
settlement 2:7
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speak 5:5
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think 4:25,25
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time 2:23
total 3:22
transcript 6:12
true 6:12
turn 4:13
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verdict 3:19
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vice-chairman
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wants 5:5
we'll 2:23 5:17
we're 2:4 3:7
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we've 5:4
willing 5:1
work 4:19
worse 4:1
wrap 3:10
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500,000 3:22
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