BOOK 46 Page 18239 04/21/99 8:00 A.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF APRIL 21, 1999, AT 8:00 A.M. PRESENT : Mayor Mollie Cardamone, Vice Mayor Gene Pillot, Commissioners Albert Hogle, Carolyn Mason (arrived at 9:36 a.m.), Mary Quillin and City Manager David Sollenberger, City Auditor and Clerk Billy Robinson, and City Attorney Richard Taylor ABSENT: : None PRESIDING: Mayor Mollie Cardamone The meeting was called to order in accordance with Article III, Section 9( (b) of the Charter of the City of Sarasota at 8:05 a.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 186.011, FLORIDA STATUTES (1997) SO DAVID M. LEVIN, ESO., SPECIAL LEGAL COUNSEL, AND RICHARD TAYLOR, CITY ATTORNEY, MAY RECEIVE ADVICE FROM THE CITY COMMISSION CONCERNING THE PENDING LITIGATION WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND TO DISCUSS SETTLEMENT NEGOTIATIONS OR STRATEGY RELATED TO LITIGATION EXPENDITURES ARISING AS A CONSEQUENCE OF THE MATTER CURRENTLY PENDING BEFORE THE DIVISION OF ADMINISTRATIVE HEARING, IDENTIFIED AS CASE NO. 98-2364 #1 (0020) through (0100) Mayor Cardamone stated that the special meeting has been called to recess and convene into an attorney-client session to discuss settlement negotiations and strategy relating to expenditures regarding pending litigation regarding the Ringling Causeway Bridge lawsuit. City Attorney Taylor distributed copies of the following documents: Letter dated April 8, 1999, from City Attorney Taylor to Theodore C. Taub, Esq., Broad and Cassel Letter dated March 23, 1999, from Theodore C. Taub, P.A., Broad and Cassel, to City Attorney Taylor Letter dated February 26, 1999, from Commissioner Hogle to the Honorable Jeb Bush, Governor of the State of Florida City Attorney Taylor stated that the attorney-client session is requested in compliance with the requirements of Section 286.011(8), Florida Statutes, to receive advice of the Commission concerning the pending litigation with the Florida Department of Transportation (FDOT) and to discuss settlement negotiations or strategy related to litigation expenditures arising from the matter pending before the State of Florida, Division of Administration Hearings, identified as Case No. 98-2364; that for the record, the meeting is commencing at 8:05 a.m.; that the attorney-client session will be confined to settlement negotiations or strategy related to litigation expenditures; the parties to the Administrative process are: City of Sarasota Petitioner Florida Department of Transportation - Respondent Town of Longboat Key, Bridge Too High Committee and Good Bridge 2000 - Intervenors City Attorney Taylor stated that the persons attending the closed attorney-client session will be: Mollie Cardamone, Mayor Gene Pillot, Vice Mayor Albert Hogle, Commissioner Carolyn Mason, Commissioner Mary Quillin, Commissioner David Sollenberger, City Manager Richard Taylor, City Attorney David Levin, Special Legal Counsel Certified Court Reporter City Attorney Taylor stated that the City Auditor and Clerk, although responsible for the proceedings of the Commission, is excluded by law. Mayor Cardamone stated that the Commission will recess and convene into the attorney-client session at this time. The Commission recessed at 8:10 a.m. and reconvened at 9:36 a.m. 2. ANNOUNCEMENT RE: TERMINATION OF ATTORNEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011 (8), FLORIDA STATUTES (1997) (AGENDA ITEM II) #1 (0100) through (0120) Commissioner Quillin did not return to the Chambers at 9:36 a.m. Commissioner Mason arrived in the Chambers at 9:36 a.m. City Attorney Taylor stated that the attorney-client session was requested in accordance with Section 286.011 (8), Florida Statutes (1997); that the Commission has concluded the attorney-client session; that the attorney-client session was recorded by a certified court reporter who recorded the time of commencement and termination and who will make a transcript of the discussions and proceedings of the attorney-client session; that a transcript of BOOK 46 Page 18240 04/21/99 8:00 A.M. BOOK 46 Page 18241 04/21/99 8:00 A.M. the proceedings including the persons present and the persons speaking will be prepared but will be held under seal until the conclusion of the Administrative process, at which time the transcript will be made public by the Office of the City Auditor and Clerk; that Section 286.011(8), Florida Statutes (1997), requires the Special Commission meeting shall be reopened and the Mayor announce the termination of the attorney-client session. Mayor Cardamone announced the termination of the attorney-client session and reopened the special Commission meeting at 9:36 p.m. Mayor Cardamone referred to the letter dated April 20, 1999, entitled "Protocol for Attorney-Client Session City V. FDOT"; and stated that the information concerning the protocol is appreciated. 3. ADJOURN (AGENDA ITEM III) #1 (0120) There being no further business, Mayor Cardamone adjourned the Special meeting of April 21, 1999, at 9:37 a.m. luti pCa MOLLIE C. CARDAMONE, MAYOR ATTEST: 3CC46 E Roberson BILLY : ROBINSON, CITY AUDITOR AND CLERK