seting as mayor um with following our Charter when requested by our general counsel that we have the special meeting it was properly advertised and we currently have Karen do you want to do a roll call of who is who is present sure commission Harry Banks pres commission cyia Burton pres commissioner William Lorie pres City man Charles R here City attorney B Pi on the phone commissioner lisao [Music] [Laughter] Zoom if you us in our invitation please stand if you are able father de gra God we thank you once again for your kindness and your love and all words how you protect this I Pray for each commissioner our community and everybody involved we ask this in your in Jesus name amen of the United States of America stand na indivisible andice for all thank you everyone for being here tonight I'm going to go ahead at this time I'm going to turn this over to our attorney Robert fit uh so obviously we're here because we got a demand letter from a claran attorney I've been talking with her and providing her information of things that Clarion did not do throughout the process up until just a second ago that's who I was on the phone with and they would like time to look over everything that I've sent them and then see what they're going to do that point just just for context we had taken a position um previously they had a different Law Firm responded to that and we were not going to um I think what was our official response that they were going to sue us counter based on our belief that they reached the contract they were not the The Firm was not provided the stuff that I provided to her from even though they well we never heard back from that first firm it's been months now we got a new firm with a new letter and it's evident they didn't have all the information okay can you just for um just for reference for anybody that might be viewing for us can you just give us kind of an overview as to why we're here uh like whole yeah the whole you just kind of tell us why were you in we're here because we got a demand letter that I think was it was dated we got about two weeks ago I don't have so I don't know the exact date but it had a response deadline tomorrow um so that's why it's a different Law Firm so I just wanted to get y'all's I don't want to act I know that yall said before that you didn't want to pay it I just wanted to get that um confir again and then pass that information along um but I've had what seemed like productive conversations with their Council now uh trying to bring them up to speed on some stuff that we have and and the main things were brought to their attention or to her attention was the Mis payment to the public I say it wrong the Public Service Commission where we incurred a penalty of fine because that payment was not made also there are some bank reconciliations that it looks like we got add payment in taxes in October and it had not been reconciled by February so those are just some of the concerns that we brought to and that was of 2022 correct andary of 2023 so basically this is Clarion I mean can you just yeah the financial firm that we had hired the commission had hired back in 2021 uh they were starting to clear up all of our audit comments and get us back on track all we need to do is hire them and provide a accounts payable position and um here we are got we just got the audit 2022 all those now now third year comments still there and then we had this um we stop working completely almost back in October of 22 um and then the contract ended April 23 we issued an RFP to try to replace them uh they were they only respond responded to the RFP for a higher price so they the email we sent them where I was um commun communicating to them that the basic functions like reconciling our bank statements were covered in the contract and they were saying well we'll have to charge you more if you want us to do that so I believe that time okay so basically we have there's two months is that what it is yeah it's two months plus 1% interest and that's statut based on government okay and so we basically told them that based on the fact that we felt that they had not their contract correct that we that Bobby do you need do we need some time what do you need from us dire but I don't think I need any direction now once she the I just got an email because I wanted it in writing that if we didn't respond by the 26 that they weren't going to take any action just because we had taken any action tonight they said that they would hold off she wanted time to digest the information I provided do you want direction from the commission though that regardless of of that where we stand no because okay I'm just I'm asking for direction from you body anything they send me I got to bring it back to youall so if they sent me something new or they were demanding something else I'd have to bring it back to you I I don't want to blank it because I want this to be obviously transparent exactly what we're doing so and that's why I'm asking for some detail So for anybody that's looking at this to know why we're why we're sitting here tonight so the demand that they just placed on that you don't you don't need us to respond to that no because unless they renew it and we'll have to set it on so she's resed that demand at this time basically yes thank you for some reason I can't really hear Bobby sorry I'm speak I'm speaking right into the microphone so um I would say it says if the town delays conclusive action tonight we will hold on on further action on our part as well so I they withand okay so this is this January 10 yes okay did you get that commissioner mayor I can hear what you say absolutely perfectly um can you just repeat what I heard you ask Bobby does he need any direction from us tonight and I thought I heard him saying no but I couldn't hear why he's saying that at this point in time that they have they need further um time to review the documents that he's provided her today that she did not have all of the documentation um that we have as far as correspondence between Mr rud and Clarion and so she wants more time to review that and they have basically at this time res sended their demand letter um until further notice oh okay um is that correct B yeah they taking yeah there's no Demand right now they may renew it but right now there's not there's no demand they may renew it and we might be back in another special meeting so okay um so obviously um some of this can be delegate is this the time to ask any questions we might have or should we direct those maybe you know by email or something like that uh email's probably fine I mean it's public record anyways but yeah email's probably [Music] better question yeah I mean I don't I I want to make sure that we're as transparent with this as we as we can be Bobby but we also need for me the guidance to make sure we don't overstep um anything that we ask but if they have questions can we ask can you take questions okay okay so what what I'm looking at here I'll try and talk into the mic but what I'm looking at here this is the letter from May 23rd 2023 yes from yes and these are the reasons why we went after these these those were at that time those were our beliefs as how laid out to them how theyre contract with us okay and have you since had any more correspondents to clarify anything more or no so after when we had the meeting when y'all decided not to make any counter offer from them the last attorney that they had asked if I to accept service of the complaint and I said that I would I mean I have to I would and then I didn't hear anything until we got that letter from a separate La fir okay from new Okay so so all right I mean this just doesn't say too much but if you guys are understand all commissioner J did you have questions um I do have questions and this is just a well this is just a very basic comment um my preference would be when a demand letter like this comes in since it is a public record that it be shared with the commission right away even if the City attorney um you know just sends it to us saying um I have work to do on this I don't have a recommendation at this time but here it is so that we will be aware of what's being sent um just so that we can be aware and be a little more prepared um because I felt like you know getting the letter yesterday um kind of put the Commissioners on back foot and didn't really give them time so um do you have any questions do you have any questions regarding this other than that um I do um okay so the letter um that Bobby wrote to the earlier clar um mentioned that claims that the city can possibly have um if there's no liation coming from claran are we planning or is there a recommendation that we pursue those PL or are we just waiting to see what happens here uh you always would have the ability to do that I don't know if I mean I can give you the outcomes the possible outcomes but I don't know if I can recommend us suing them I I don't know if that's a recommendation that I would make if you had any questions about what could happen in the outcomes and stuff like that then yes and I will say about the letter um I thought that it had been provided I know that I think I got it the day of a commission meeting and I mentioned it at the commission meeting that we had received it and we need to address it right I remember you mentioned that it it didn't really say there was a demand letter was demand letter would s can you share that please may I think I'm going to f my questions that would be great you hold your question hold your questions okay one more question so I'm understand that you don't recommend anything wait what you don't recommend anything you you won't recommend to Sue or not I mean the problem is there's so many variables of lawsuits we could win and get $100,000 judgment and never collect it from so I don't want the city to throw good money after bad money that's that's my concern if we initiate litigation against somebody that that's what my concern is what is the possible cost of litigation if we were we were to see them going after I'd say anywhere between 5 and $10,000 of attorney's fees plus the cost of the lawsuit it cost about $500 to file lawsuit nowadays plus the service fees and right and you know I don't know what we could actually what amounts we would be trying to to gain I mean penalties that we received you know were penalties that were at the because of the claran actions but I mean it wasn't something that's that that much my recomendation we I don't and Bob's not going to make that recommendation yeah us the pr and cons of everything I think that that is a good strategy I will say that if we get I mean we can't just lay down we got to defend ourselves but I don't think we should go out looking for I want to make sure though that you know that we have everything in front of us so that when the decision comes that you have put everything in front of us to help us make the proper decision um I guess since we have to make the decision instead of meting I would want you to kind of help us make that decision yeah definitely that's what I thought we have to do but I had some productive phone calls with their attorney could you kind of repeat what said I heard the very first part but I don't think I heard the second part um I simply I simply ask Bob to make sure that we have all the information that we need in order to make the right recommendation when the time comes that's what I basically said or asked for and mayor if I could follow up on that yes sure thank you um I think that's very well said I agree with that and I think all the information we need and um as early as possible because it's it's better to have a little more time um to digest this kind of complex litigation related information I think I think B said that list so another thing is why there was a delay is we turned this over to the Florida Le of cities to see if they would represent us almost I think almost immediately and we I just heard back today that they would not cover us for this cuz that's what I was thinking that we would just turn it over to them and have them deal with it and then they told us that they don't deal with that so then we kind of yeah yeah I mean guys it's we knew this was coming we've already discussed this I mean I don't think it's necessary to scold anybody and I feel like that's what we're doing now is stoling that we didn't get this letter um you know previously so I just I think we all have this as we go forward um I don't know that the facts are going to change much Bobby the facts are the facts they pretty much all been laid out correct that's okay question you know sometimes I I kind of sewn out a little bit at times I things but but um what exactly was the penalty that they were going to charge us for missing that dat it was a six 6% of what of the the fee was due to the Public Service Commission and then for the state sales tax I to get the penalty be paid for that those were late as well well the reason I'm asking is you know I think someone here brought up the point I think it was DJ who just mentioned if if you take everything that we might get hit for would it be worth actually suing them and going through all that bother and not really getting much not enough return to to pay what penalties and things might be yeah if it's worth it so I don't know what that dollar amount was I hav never really figured out 6% and when we wrote the letter back and then we factored in the cost that the city had occur to fix what aquar didn't do so I think that's that's or that's argum would be yes I think that's what we would do if we would go into a counter suit should they decide to file suit against us correct then we could use all that I mean that's what we would that's when we would do that commissioner de you said you had another question well not really another question um that's just a comment um I don't want my request for information to be considered as scolding anyone um I just think you know we're on the receiving end and I think it's important for us to let our City attorney know um if it would be helpful to have things earlier then I mean he's not going to know that if I don't say so um so that's all I can do is just say so I'm not with I'm just letting know from our perspective since we're not since we're not really pry to all this it's better to have it earlier than later even if we don't need it in the end um and as well although we have the outline of the basic facts I think commissioner Burton um said a very well that there is more detail um and so it will you know if the time comes we hope it doesn't um we hope that um negotiations or exchange information will resolve this natur um it's good to have those those facts and figures and things toled up um so that we can have all that in front of us so I'm just saying I think make things goly we're good for now thank you thank you yes in the future like as soon as we get something back from them or something that can provide to us yes just now because obviously like with my situation and the legal fees FC likes to take a long time to decide on and I don't I think that would have been helpful we if we do ahead of time so I think it's just better just give it to us and say we're working on this whatever we come back to it so we know so that's I just want to ask I want to ask you this so with some of this it's it's sensitive it can be very sensitive so when you send that out to us if it is sensitive in nature please make sure that you let us know that it is sensitive in nature as far as discussing it with anybody else I know it's all public huh yeah anything I is going to be public it's public record I know it's public record but as far as discussing it you know with anybody else especially if we're going into a um if we're going to go into litigation so just make sure please if you would advise us of that so with that if we have no more questions questions okay um I can um I open that to public comment do you have any public comment the site Oh no just if you'll come forward please address [Music] you Diane syes Crescent City I just my understanding what I just heard was that um if they sue us then we're going to counter sue for nonperformance and actual damages thank you that that was discussed that decision had not been made that was discussed that we have not made an official decision this month correct okay good that anybody else any other questions commissioner de are you good I'm I'm good okay okay got a motion in a second all in favor please say I thank you all again for coming