BOOK 58 Page 29869 06/22/05 4:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JUNE 22, 2005, AT 4:00 P.M. PRESENT: Mayor Mary Anne Servian, presiding, Vice Mayor Fredd "Glossie" Atkins, Commissioners Danny Bilyeu and Lou Ann R. Palmer, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and Deputy City Auditor and Clerk Karen D. McGowan ABSENT: Commissioner Ken Shelin and City Auditor and Clerk Billy E. Robinson The meeting was called to order by Mayor Servian at 4:03 p.m. INVOCATION/PLEDGE OF ALLEGIANCE: Deputy City Auditor and Clerk McGowan City Attorney Fournier stated that the Commission was advised of the desire for an out-of-the- sunshine, attorney-client meeting to obtain advice regarding a settlement proposal in the matter of Ricardo Rivera versus the City of Sarasota, Federal District Court Case No. :04-CV-1434-TEA), and Mary A. Lisa, as Personal Representative of the Estate of Tony Lisa, versus the City of Sarasota, Case No. DCA 18222 NC at the June 20, 2005, Commission meeting; that the meeting can be held as a public meeting, that the Commission has the opportunity to go into an out-of-sunshine, attorney-client meeting if necessary. 1. PRESENTATION RE: RICARDO RIVERA VERSUS THE CITY OF SARASOTA (AGENDA ITEM I) City Attorney Fournier stated that the plaintiff is Ricardo Rivera; that the defendant is the City of Sarasota. Attorney Mark Singer, City's Attorney's Office, and Attorneys Jeffrey Albinson and Sangeeta Spengler of the law firm of Marshall, Dennehey, Warner, Coleman, & Coggin came before the Commission. Following a presentation of the specifics of the case, Attorney Albinson presented the terms of the proposed settlement agreement as follows: The City wi!l pay $30,000 to Ricardo Rivera. The plaintiff will dismiss the suit with prejudice and execute a general release in favor of the City. A motion was made by Commissioner Palmer, seconded by Vice Mayor Atkins, and carried by a 4-0 vote to approve the proposed settlement agreement presented by Attorney Albinson. (FTR 4:13) 2. PRESENTATION RE: MARY A. LISA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF TONY LISA, VERSUS CITY OF SARASOTA (AGENDA ITEM II) Attorney Mark Singer, City's Attorney's Office, stated that the plaintiff is Mary A. Lisa, as Personal Representative of the Estate of Tony Lisa; that the defendant is the City of Sarasota. Following a presentation of the specifics of the case, Attorney Singer stated that a partial settlement agreement would provide for health benefits to the surviving spouse and minor child pursuant to Section 112.19(2)th), Florida Statutes; that no action. is recommended until final settlement is reached and the matter placed on a future Agenda as a Consent Agenda item. (FTR 4:21) Mayor Servian noted Commission consensus to continue holding attorney-client meetings in the sunshine when appropriate. (FTR 4:21) 3. CITIZENS' INPUT (4:21) No one signed up to speak. 4. OTHER MATTERS/ADMINISTRATIVE OFFICERS A. Following comments by Commissioner Bilyeu, Mayor Servian noted Commission consensus to place consideration of the possible purchase from Harvey Vengroff of property in the Bayou Oaks neighborhood east of North Water Tower Park abutting Old Bradenton Road for development as a City park on the Agenda of the July 5, 2005, Regular Commission meeting. (FTR 4:30) 5. ADJOURN Mayor Servian adjourned the meeting at 4:30 p.m. Mawh MARY-ANE SERMAN, MAYOR KAREW OGOWAN, DEPUTY CITY AUDITOR AND CLERK BOOK 58 Page 29870 06/22/05 4:00 P.M.