BOOK 55 Page 27117 02/23/04 6:03 P.M. MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF FEBRUARY 23, 2004, IMMEDIATELY FOLLOWING THE CITY COMMISSION WORKSHOP MEETING AT 3:00 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian, City Auditor and Clerk Billy E. Robinson, City Attorney Richard J. Taylor, and City Manager Michael A. McNees. ABSENT: None PRESIDING: Mayor Palmer The meeting was called to order in accordance with Article III, Section 9(b) of the City of Sarasota Charter at 6:03 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 (2002), 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 DR. MURRAY KLAUBER VERSUS CITY OF SARASOTA, CASE NO. 02016762HH, / UNITED STATES ELEVENTH CIRCUIT COURT OF APPEALS, ATLANTA GEORGIA (AGENDA ITEM I) CD 6:03 through 6:05 Mayor Palmer 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 (2002), pursuant to his request for a closed session to discuss settlement negotiations and strategy related to pending litigation involved in the matter of Dr. Murray Klauber versus City of Sarasota, Case No. 02016762HH, United States Eleventh Circuit Court Of Appeals, Atlanta, Georgia. City Attorney Taylor stated that. in accordance with Section 286.011(8), Florida Statutes (2002), 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. 02016762HH, United States Eleventh Circuit Court Of Appeals, Atlanta, Georgia, are: Dr. Murray Klauber - Plaintiff City of Sarasota = Defendant City Attorney Taylor continued that advice from the Commission concerning the litigation was previously requested; that the out-of-sunshine, attorney-client session will be confined to discussions concerning the litigation and should take approximately 30 minutes; that the persons attending the out-of- sunshine, attorney-client session will be: Lou Ann R. Palmer, Mayor; Richard F. Martin, Vice Mayor, Mary Anne Servian, Commissioner; Fredd "Glossie" Atkins, Commissioner; Danny Bilyeu, Commissioner; Michael McNees, City Manager; Richard J. Taylor, City Attorney; Robert Fournier, City Litigation Counsel; and a certified court reporter. City Attorney Taylor further stated that for the record, the out-of-sunshine, attorney-client session will commence at 6:05 p.m. The Commission recessed at 6:05 p.m. into an out-of-sunshine, attorney-client session in Room 109, City Hall, and reconvened in the Chambers at 6:33 p.m. 2. ANNOUNCEMENT RE: : TERMINATION OF ATTORNEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011(8), FLORIDA STATUTES (2002) (AGENDA ITEM II) CD 6:33 through 6:33 Mayor Palmer stated that for the record, the out-of-sunshine, attorney-client session for the matter of Dr. Murray Klauber versus City of Sarasota concluded at 6:33 p.m. 3. ACTION RE: : SETTLEMENT AGREEMENT IN THE MATTER OF DR. MURRAY KLAUBER VERSUS CITY OF SARASOTA, CASE NO. 02016762HH, UNITED STATES ELEVENTH CIRCUIT COURT OF APPEALS, ATLANTA, GEORGIA, IF REQUIRED - RELEASED DR. MURRAY KLAUBER FROM LIABILITY REGARDING THE JUDGMENT IN EXCHANGE FOR A DISMISSAL OF HIS APPEAL OF THE JUDGMENT CONCERNING ATTORNEY'S FEES AND A PLEDGE NOT TO FURTHER APPEAL ON THE MERITS OF THE CASE TO THE UNITED STATES SUPREME COURT (AGENDA ITEM III) BOOK 55 Page 27118 02/23/04 6:03 P.M. BOOK 55 Page 27119 02/23/04 6:03 P.M. CD 6:34 through 6:35 Attorney Fournier stated that the recommendation of the City Attorney's Office is to release Dr. Murray Klauber from liability regarding the judgment in exchange for a dismissal of his appeal of the judgment concerning attorney's fees and a pledge not to further appeal on the merits of the case to the United States Supreme Court. On motion of Commissioner Servian and second of Vice Mayor Martin, it was moved to release Dr. Murray Klauber from liability regarding the judgment in exchange for a dismissal of his appeal of the judgment concerning attorney's fees and a pledge not to further appeal on the merits of the case to the United States Supreme Court. Motion carried unanimously (5 to 0): Atkins, yes; Bilyeu, yes; Martin, yes; Servian, yes; Palmer, yes. 4. CITIZENS' INPUT CONCERNING CITY TOPICS CD 6:35 There was no one signed up to speak. 5. ADJOURN (AGENDA ITEM IV) CD 6:35 There being no further business, Mayor Palmer adjourned the Special meeting of the City Commission of February 23, 2004, at 6:35 p.m. Lgu ANN R. PALMER, MAYOR ATTEST: Biy E Rothng-on BILLY E. ROBINSGN CITY AUDITOR AND CLERK 9 a - A a a