MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 2, 2004, AT 2:00 P.M. PRESENT: Mayor Richard F. Martin, Vice Mayor Mary Anne Servian (arrived at 2:05 p.m.), Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and Attorney Douglas P. Lawless ABSENT: None PRESIDING: Mayor Martin The meeting was called to order in accordance with Article III, Section 9(a) of the City of Sarasota Charter at 2:03 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. 1. INTRODUCTION RE: ATTORNEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011 (8), FLORIDA STATUTES (2003), PURSUANT TO A REQUEST BY THE CITY ATTORNEY FOR THE PURPOSE OF MEETING IN A CLOSED SESSION TO DISCUSS STRATEGY RELATED TO LITIGATION EXPENDITURES IN THE MATTER OF CITY OF SARASOTA VERSUS VISIONAIR, INC. CASE NO. 8:03-CV-1824-T-27TGW, 1 UNITED STATES DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, TAMPA (AGENDA ITEM I) CD 2:03 through 2:05 Douglas P. Lawless, Attorney, City Attorney's Office, stated that the Special meeting has been called for the Commission to recess and reconvene into an out-of-sunshine, attorney-client session in accordance with Section 286.011(8), Florida Statutes (2003), pursuant to the City Attorney's request to the Commission for a closed session to discuss settlement negotiations and strategy related to pending litigation involved in the matter of VisionAIR, Inc., Case No. 8:03-CV-1824-T-27TGW, United States District Court, Middle District of Florida, Tampa. Attorney Lawless stated that in accordance with Section 286.011(8), Florida Statutes (2003), certain items must be placed on the record during the Special meeting prior to recessing and reconvening into an out-of-sunshine, attorney-client session; that the parties to Case No. :0-0V-1824-7-2710N, United States District Court, Middle District of Florida, Tampa, are: BOOK 56 Page 28046 06/02/04 2:00 P.M. BOOK 56 Page 28047 06/02/04 2:00 P.M. City of Sarasota Plaintiff VisionAIR, Inc. Defendant Attorney Lawless continued that advice from the Commission concerning the litigation was requested on May 17, 2004; that the out-of-sunshine, attorney-client session will be confined to discussions concerning the litigation expenditures; that the persons attending the out-of-Sunshine, attorney-client session will be: Richard F. Martin, Mayor; Mary Anne Servian, Vice Mayor; Fredd "Glossie" Atkins, Commissioner; Danny Bilyeu, Commissioner; Lou Ann R. Palmer, Commissioner; Michael A. McNees, City Manager; Clyde H. Wilson, Jr., Trial Attorney for the Cityi Douglas A. Cherry, Trial Attorney for the City, Douglas P. Lawless, Attorney, City Attorney's Office; and a certified court reporter. Attorney Lawless further stated that for the record, the out-of- sunshine, attorney-client session will commence at 2:05 p.m.i that the estimated length of time for the meeting will be one hour. The Commission recessed at 2:05 p.m. into an out-of-sunshine, attorney-client session in Room 109, City Hall, and reconvened in the Chambers at 2:51 p.m. 2. ANNOUNCEMENT RE: : TERMINATION OF ATTORNEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011 (8), FLORIDA STATUTES (2003) (AGENDA ITEM II) CD 2:51 through 4:23 Attorney Taylor stated that for the record, the out-of-sunshine, attorney-client session for the matter of the City of Sarasota versus VisionAIR, Inc., Case No. :0-CV-1824-7-27TC, United States District Court, Middle District of Florida, Tampa, concluded at 2:51 p.m. 3. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM III) CD 2:52 There was no one signed up to speak. 4. ADJOURN (AGENDA ITEM IV) CD 2:52 There being no further business, Mayor Martin adjourned the Special meeting of the City Commission of June 2, 2004, at 2:52 p.m. Rukuddertr RICHARD F. MARTIN, MAYOR ATTEST: Buily r Rebenson BILLY E. ROBINSON, CITY AUDITOR AND CLERK BOOK 56 Page 28048 06/02/04 2:00 P.M.