CALL TO ORDER, INVOCATION, PLEDGE OF ALLEGIANCE

  Chair called meeting to order at 1:33 pm, asked for moment of silence and led in Pledge

GENERAL BUSINESS

  Dixon turned meeting over to County Attorney

1.

Discussion and Possible Action Regarding Case No. 2022 CA 500

  Knowles said scheduled this meeting to discuss settlement of Figgers lawsuit.  He explained in order to prevail, plaintiff would have to recover 125% of whatever offer they were inclined to make.

NeSmith said one of Commissioners wanted to obtain follow-up info from hearing.

Knowles said two out of three issues were ruled on in county’s favor, verification documents were admitted, his deposition was not permitted and their request for inspection of Mr. Figgers facility was not permitted.  Judge ruled could not yet look it website information, they requested to look at the back-end website that was created for this project and judge stated first needed to depose creators of web site. 

  Holt said Judge ordered mediation and they had already had one mediation, this was Court ordered.  Knowles said both were court ordered.  She said it was stated by Judge that all 5 commissioners were to attend mediation.  Knowles stated the order issued did not require all 5 to attend, it would be a designated corporate representative there because of Sunshine issues if the 5 were in room.  She said his Order superseded that.  Knowles explained Order issued did not require all to be present.  She felt they needed to have a mediation and do what Judge said to do because if he could not prove that he had, could not inspect what he had, what he sold, etc. how do they know what they were paying for.  Knowles advised that they not attend, the Order did not require all 5 to attend, he recommended that all 5 commissioners not attend, was not comfortable because of the Sunshine Law.  He stated he understood the Judge’s position, but did not recommend they all be together at mediation.  It could be a potential lawsuit for an improper meeting.

There was further discussion regarding the issue.

NeSmith said he was also listening in on the hearing and asked about discussion regarding the Sunshine issue.  NeSmith asked if the Judge required a second mediation and Knowles said there would be another mediation.

  Simpkins asked if mediation is open to the public, no. 

Knowles explained if one attended-fine, if all attended it would need to be noticed meeting. 

She said when looking at actual settlement, was there a bare minimum that was owed for what was distributed, yes.  Would they be looking at legal fees for those?  She asked if they were suggesting settlement because of legal fees possibly incurred if Plaintiff prevailed and Knowles said correct.  He said jury may decide County breached and there could be more in addition to legal fees.  He said to look at proposal as tool to recover attorney’s fees. 

NeSmith asked when opposing council made statement he wanted all commissioners to be at mediation, was he not thinking of sunshine?  Their concern could be there would be a settlement, it would not be ratified by the Board. 

  Dixon asked if they have been ordered to mediation, what was purpose of today’s meeting.   Knowles said it was about potential settlement and strategy for trial.  Dixon said today’s meeting was strategy for trial.  Most

  Holt said their offer should be what they know they owe as of the when and to today, everything else is hypothetical.

NeSmith asked if they had proper documentation for amount owed.  Dixon said $1,765.20.

 Holt said to offer $20,000.  Knowles said proposal should be big enough so if not gotten, attorney’s fee trigger kicks in.  He felt if in range of $300,000 would be sufficient because they could not meet that at trial, recover that amount of damages at trial. 

  NeSmith said if they submit proposal, they would have to pay our attorney’s fees if they do not prevail and meet the 125% threshold.

  Hinson said based on documents he received, last figure was $375,000, he was ok with going with $400,000.  He said was at zero percent chance, now at 25% chance.  Would prefer to close out at $400,000 because of possible breach of contract.  He said he did not want to say too much at this meeting.  Go with $400,000 and cut losses.

  Holt said no, had people that did work, he needs to produce evidence.  She said $100,000 and was amount she was sticking with.  She felt that was more than enough.

Hinson proposed to settle for $400,000.  Motion died for lack of second.

  Holt proposed to offer $100,000 for settlement.  Motion died for lack of second.

Hinson said he was opposed because the Board agreed for the record of $375,000.

  Simpkins asked Knowles the last amount they went to them with-$375,000.  Simpkins asked if they did not take it, no.  She asked if they have gone back since then, no, part of reason for meeting today.  Simpkins said her stand was, her concern was they were saying there was $1,725.20. That was verified.  If they go to court, if they rule they were owed that amount and because owe that amount, they were owed their attorney fees.  What if attorney trumps up his charges to an astronomical amount.

  Holt said do not go in mediation with best offer, they can trump up charges any time they want to. 

  Dixon wanted to make clear, the $375,000 that was offered, they did not take it. 

   Hinson said from his understanding, they started at $1.2 Million, County asked for $375,000, they came back with $400,000 and then attorney said found additional information and went from 0 chance of winning to 25% chance of winning.  He said he was trying to save the

County.  He said the attorney was telling them the chance of winning was not great.  Why not settle the case at $400,000 and save the County money.

  NeSmith said they have 2 opportunities between mediation and settlement.

  Hinson said if they wait until next week will be too late.   

  Simpkins made a clarification this was just for an offer giving and they do not take and they prevail in court and not prevail with 125%,

  Simpkins motion to settle for $200,000/ NeSmith second.  Holt question.

  Holt said the other information has not been received from the Plaintiff and wanted them to know and do not know what they percentage is. 

  Hinson said only reason clarifying, when give # out, got to know why doing what doing.  He said county was at risk of breach of contract. 

  Holt said no proof the County breached contract.  No evidence either way because have not gone to court yet. 

  Hinson said he was giving verbatim what was told by County Attorney. 

  Chair called for vote.  3-1  Hinson opposed.   Leslie Steele announced Commissioner Green was present via telephone and his vote was a yes vote for the Figgers motion.

CITIZENS REQUESTING TO BE HEARD (3-Minute Limit)

The Gadsden County Board of County Commissioners welcomes and encourages public participation at all meetings of the Board. Citizens are free to speak for up to three (3) minutes on non-agenda items. Public comments and participation are also encouraged for items on the agenda.  Additionally, if you are unable to attend a meeting in person, comments from the Public can also be submitted via email to CitizensToBeHeard@gadsdencountyfl.gov until noon on the date of the meeting. Comments submitted after the deadline, but prior to the meeting, will be added to the official record, but the County cannot guarantee that Commissioners and staff will have adequate time to review comments prior to the meeting.  Citizens are further encouraged to participate via Zoom using the credentials on the County’s website. The Board’s meetings are also broadcast live on the Board’s Facebook page.

  NeSmith read the above statement aloud.

  Hinson said it was brought to his attention about a fire in Quincy and a shooting that happened simultaneously.  It was reported to 911 and asked why had to call County for something that happened in Quincy.

  Dixon said the Board purchased $5 Million of upgrades to dispatch system in attempt to upgrade 911 system.  There was discussion regarding the cities coming onto the system.  Call comes into E911 system and another call has to be made to City. 

  Hinson said they needed to have a meeting regarding this.

  Holt said the towns have to come onto the system.

**Leslie Steele, Public Informations Officer, stated Commissioner Green was attending by phone and wanted to make sure his vote registered as a yes vote.  The County’s zoom system down and he could not participate via Zoom but wanted to make sure his vote counted. 

Attorney Knowles had stepped out and it was asked if the vote could be changed.  Deputy Clerk, Marcella Blocker, stated as long as was done in same meeting, it could be changed. 

VOTE TAKEN EARLIER FOR SETTLEMENT OFFER OF $200,000 WAS UPDATED TO SHOW COMMISSIONER GREEN’S VOTE AS AFFIRMATIVE MAKING THE VOTE 4-1 WITH COMMISSIONER HINSON OPPOSING.

MOTION TO ADJOURN

  Meeting adjourned at 2:32 pm