[1. CALL TO ORDER]
[00:00:15]
I WOULD LIKE TO CALL THIS MEETING TO ORDER. >>THIS IS THE SPECIAL MEETING.
THE DATE IS MARCH 2, 2026. >>PLEASE STAND FOR THE PLEDGE OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
[A. Consideration of a Settlement Proposal received from Pierce 1 Marina, LLC in case number 562024CA001627.]
>>THIS IS THE OPPORTUNITY FOR ANYONE IN THE PUBLIC TO MAKE COMMENTS. NE
COMMENTS. >>I SEE NO MOVEMENT. WE'LL PROCEED TO THE FIRST ITEM ON THE
AGENDA. >> A. CONSIDERATION OF A SETTLEMENT PROPOSAL RECEIVED FROM PIERCE 1 MARINA, LLC IN
CASE NUMBER 562024CA001627. >>YES, MADAM CHAIR, I DO SEE THEM ENTERING THE CHAMBERS. YES,
MA'AM. >>SO, THE SENIOR ITEM IS ESSENTIALLY A PROPOSAL FOR SETTLEMENT. THAT WE RECEIVED PURSUANT TO STATE STATUTE 768.79 IN THIS LITIGATION. I DID SEND THAT OUT TO YOU ALL, BUT ESSENTIALLY IT SAYS THAT THEY ARE OFFERING TO SETTLE THIS LITIGATION FOR $6 MILLION. THAT THEY WILL THEN DISMISS THE CASE UPON THAT PAYMENT. SO, UNDER THE STATUTE, THERE IS A TRIGGERING OF FEES AND EXPENSES IF THEY REC RECOVER 125% OF THAT PROPOSAL. THE OPTIONS ARE YOU COULD ACCEPT IT, REJECT IT OR COUNTER OR TAKE NO ACTION. IN THE CASE OF NO ACTION, THE SETTLEMENT, PROPOSAL IS DEEMED DENIED. THERE IS DIFFERENT LANGUAGE IN THE STATUTE FOR OFFERS BASED ON DISCOVERY, THINGS LIKE THAT.
THAT'S SOMETHING THAT WILL BE LITIGATED DOWN THE ROAD IF THERE WAS A JUDGMENT IN FAVOR OF THE
AMOUNT OF $7.5 MILLION UNDER THIS STATUTE. >>I WILL OPEN IT UP TO THE BOARD WHETHER THERE IS A MOTION TO CONSIDER OR OBJECT OR IF THERE ARE ANY QUESTIONS.
>>BOARD MEMBERS, IS THERE A MOTION OR NO ACTION? >> I WOULD SUGGEST WE TAKE NO
ACTION. >>CAN WE DO THIS BY CONSENSUS? NO ACTION?
>> MADAM MAYOR, IF THERE IS NO MOTION MADE, THAT IS THE ANSWER I NEED FOR PURPOSES OF MY
OBLIGATION TO RELAY THE OFFER TO YOU. >>THAT WAS NOT A MOTION,
CORRECT? >> I AGREE WITH NO ACTION. >>THE OTHER? OKAY. YES, SIR.
>>JUST SO THE RECORD IS CLEAR, I UNDERSTAND WE ARE SAYING NO ACTION. AND I'M JUST ASKING AS A QUESTION, SHOULDN'T A MOTION BE CALLED AND IT DIES BECAUSE NO ONE DOES IT OR THERE IS NO ACTION OF NOT SAYING NO ACTION IS SUFFICIENT FOR WHAT YOU NEED, MADAM ATTORNEY?
>> YES, SIR. >>MADAM CHAIR, BOARD MEMBER GAINS, AS YOU ARE AWARE, I'M TO RELAY ANY OFFERS THAT I RELAY TO YOU. BECAUSE I HAVE A FIVE MEMBER BOARD YOU, THE ONLY WAY O DO THIS OFFICIALLY IN PUBLIC. FOR NO ACTION FOR REJECTING SAYS WE ARE NOT ACCEPTING IT AND BEING REJECTED UNDER THE STATUTE. IF THERE IS NO FORMER MOTION, THAT'S ALL I NEED. AS IT LAYS NOW, THERE IS NO FORMAL MOTION. SO THAT IS WHAT I NEED FOR PURPOSES OF MY ETHICAL OBLIGATION AND RELAYING THE OFFER TO YOU ALL. IF YOU WANTED TO ACCEPT IT, REALLY, THIS WOULD BE THE TIME TO DO THAT BY A FORMAL MOTION, BUT WHAT I'M HEARING IS WE WANT TO MOVE ON TO
[00:05:01]
THE NEXT ITEM. >>THANK YOU FOR THAT, MADAM ATTORNEY. I JUST WANT TO MAKE THE CLEAR THAT A MOTION WASN'T CALLED. THAT SOMEBODY CAN COME
* This transcript was compiled from uncorrected Closed Captioning.