MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF SEPTEMBER 28, 2006 PRESENT: Mayor Fredd "Glossie" Atkins, presiding, Commissioners Lou Ann R. Palmer (in Room 109), Mary Anne Servian, and Ken Shelin, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson ABSENT: Vice Mayor Danny Bilyeu The meeting was called to order by Mayor Atkins at 4:02 p.m. INVOCATIONIPLEDGE OF ALLEGIANCE: City Auditor and Clerk Robinson (FTR 4:02) 1. INTRODUCTION RE: ATTORNEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011(8), FLORIDA STATUTES (2005), PURSUANT TO A REQUEST BY THE CITY ATTORNEY FOR THE PURPOSE OF MEETING IN A CLOSED SESSION TO DISCUSS SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENDITURES IN THE MATTER OF MCKINNON VERSUS WONIYA AND BOLDEN, U.S. DISTRICT COURT, MIDDLE DISTRICT OF FLORIDA, CASE NO. 8:05.CV-1258-T26TEM (AGENDA ITEM I) City Attorney Fournier stated that the Commission was advised of the desire for an out-of-the- sunshine, attorney-client session to obtain advice regarding a settlement proposal and/or strategies related to litigation expenses in the matter of McKinnon versus Woniya and Bolden, U.S. District Court, Middle District of Florida, Case No. ,05-CV-12581-261EM: that the plaintiff is McKinnon and the defendants are Woniya and Bolden; that Assistant City Attorney Whitney Coyne, Special Legal Counsel Stephanie Ritt, and Attorney Albert Guemmer, Co-Counse! to Special Legal Counsel Stephanie Ritt, are present in the Chambers; however, Attorney Guemmer will not be present at the out-of-the-sunshine, attorney-client session as his attendance at the closed session was not previously announced. (FTR 4:03) City Attorney Fournier continued that the out-of-the-sunshine, attorney-client session is anticipated to last approximately 30 to 45 minutes; that the following persons will be attending the out-of-the- sunshine, attorney-client session: Fredd "Glossie" Atkins, Mayor; Lou Ann R. Palmer, Commissioner; Mary Anne Servian, Commissioner; Ken Shelin, Commissioner; Michael A. McNees, City Manager; Robert M. Fournier, City Attorney; Whitnay. C: Cayne, Assistant. City Attorneyi: Stephania Ritt, Speçial Legal Counsel for the City; and a certified court reporter. (FTR'4:04) The Commission recessed at 4:05 p.m. into an out-ol-the-sunshine, attorney-client session in Room 109, City Hall, and reconvened in the Chambers at 5:26 p.m. 2. ANNOUNCEMENT RE: TERMINATION OF ATTORNEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011(8), FLORIDA STATUTES (2005) (AGENDA ITEM II) Mayor Atkins stated that for the record, the out-of-sunshine, attorney-client session concerning the matter of McKinnon versus Woniya and Bolden concluded at 5:25 p.m. City Attorney Fournier stated that based on the discussion during the out-of-the-sunshine, attorney- client session, no further action is required by the Commission; therefore, a motion is not necessary. (FTR 5:25) Book 59 Page 30308 09/28/06 4:00 P.M. Book 59 Page 30309 09/28/06 4:00 P.M. 3. CITIZENS' INPUT (AGENDA ITEM IV) No one signed up to speak. (FTR 5:26) 4. OTHER MATTERS A. In response to a request by City Auditor and Clerk Robinson concerning the grant of a 30- day extension to the Charter Review Committee to make a final report, Mayor Atkins noted Commission consensus to place an amendment to Resolution No. 06R-1903 to grant a 30- day extension on the Agenda of the October 3, 2006, Regular Commission meeting. (FTR 5:27) B. City Attorney Fournier stated that the court decision which was just received regarding a Nuisance Abatement Board case will be presented to the Commission at the October 3, 2006, Regular Commission meeting. (FTR 5:30) 5. ADJOURN (AGENDA ITEM V) Mayor Atkins adjourned the meeting at 5:30 p.m. . FREDE e GLOSSIE" ATKINS, MAYOR ATTEST:A 3. Lo 1 BILLY E. BOBINSON, CITY AUDITOR AND CLERK