BOOK 58 Page 29789 03/09/05 5:00 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF MARCH 9, 2005, AT 5:00 P.M. PRESENT: Mayor Richard F. Martin, presiding, Vice Mayor Mary Anne Servian, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Lou Ann R. Palmer, City Attorney Robert M. Fournier, City Manager Michael A. McNees, and City Auditor and Clerk Billy E. Robinson ABSENT: None The meeting was called to order by Mayor Martin at 5:18 p.m. 1. ATTORNEY-CLIENT SESSION City Attorney Fournier opened the attorney-client session in accordance with Section 286.011(8), Florida Statutes (2004), for the purpose of meeting in a closed session to discuss strategy related to pending litigation in the matter of City of Sarasota V. Annie Mae, Alton Mae, Charlene Young and Elliott Bell, Circuit Court for Sarasota County Case No. 2004 CA 011477 NC; and stated for the record that the plaintiffs are: Annie Mae, Alton Mae, Charlene Young and Elliot Bell; that the defendants are: the City of Sarasota, Sarasota Police Department Officers Charles Robinson, Anthony DeFrancisco, Earl DelValle, Michael Jackson, and Sergeant Phil DeNiro. City Attorney Fournier continued that the Commission was advised of the desire for advice regarding the same case at the City Commission meeting of February 22, 2005; that the attorney-client session is confined to settlement negotiations and strategy related to litigation expenditures; that the individuals attending the closed session are: Mayor Martin, Vice Mayor Servian, Commissioners Atkins, Bilyeu, and Palmer, City Manager McNees, City Attorney Fournier, Mark D. Singer, Litigation Counsel, City Attorney's office, and a certified court reporter; that the estimated length of the session is 30 minutes. The Commission recessed into the closed session at 5:19 p.m. Following termination of the attorney-client session in accordance with Section 286.011(8), Florida Statutes (2004), the Commission reconvened at 5:49 p.m. 2. SETTLEMENT APPROVED City Attorney Singer came before the Commission and stated that the pending litigation involves alleged civil rights violations, as well as allegations of assault, battery, false arrest and imprisonment, and malicious prosecution; and announced that a settlement agreement was reached; that the terms of the settlement agreement are: a. The City will pay $7,500 to Annie Mae, b. The City will pay $5,000 to Alton Mae, C. The City will pay $7,500 to Charlene Young, and d. The City will pay $7,500 to Elliott Bell; e. The plaintiffs will dismiss the civil litigation, f. The plaintiffs will absolve the City and all City employees from future liability relating to the incident of November 30, 2001, g. Each party will pay the party's own attorney's fees, and h. The plaintiffs will satisfy all liens which apply to the settlement proceeds. Attorney Singer stated that the City continues to disclaim liability; however, settlement is in the best interest of all parties due to the nature of the allegations. Per request of City Attorney Singer, it was moved by Commissioner Bilyeu and seconded by Vice Mayor Servian to approve the settlement. Motion carried unanimously. 4. SPECIAL MEETING RE: ZONING TEXT AMENDMENT APPROVED Per request of City Attorney Fournier, the Commission agreed by unanimous consent to advise the City Auditor and Clerk to schedule a special meeting to expedite filing of the Zoning Text Amendments to the Zoning Code (2002 Ed.). Mayor Martin adjourned the meeting at 5:53 p.m. Rukael cafhr RICHARD F. MARTIN, MAYOR ATTEST: BiE Rebese BILLYE. ROBINSON, CITY AUDITOR AND CLERK a 90 BOOK 58 Page 29790 03/09/05 5:00 P.M.