MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JANUARY 26, 2004, IMMEDIATELY FOLLOWING THE COMMISSION WORKSHOP AT 4:00 P.M. PRESENT: Mayor Lou Ann R. Palmer, Vice Mayor Richard F. Martin, Commissioners Fredd "Glossie" Atkins, Danny Bilyeu, and Mary Anne Servian participating by speaker telephone), City Manager Michael A. McNees, City Auditor and Clerk Billy E. Robinson, and City Attorney Richard J. Taylor 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 5:30 p.m. City Auditor and Clerk Robinson gave the Invocation followed by the Pledge of Allegiance. Mayor Palmer stated that Commissioner Servian is not present in person due to an injury but is participating by speaker telephone. City Attorney Taylor 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 concerning the City of Sarasota; 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 for the record, the Special meeting commenced at 5:30 p.m. 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 STRATEGY RELATED TO LITIGATION EXPENDITURES IN THE MATTER OF CITY OF SARASOTA VERSUS SARASOTA RENAISSANCE II, LIMITED PARTNERSHIP, AND FLORIDA WEST COAST SYMPHONY, WHICH PERTAINS TO LITIGATION ARISING OUT OF AN AMENDMENT TO VIEW CORRIDOR EASEMENT (AGENDA ITEM I) CD 5:30 through 5:31 BOOK 55 Page 26866 01/26/04 4:00 P.M. BOOK 55 Page 26867 01/26/04 4:00 P.M. Mayor Palmer stated that the parties to the litigation are: City of Sarasota Plaintiff Sarasota Renaissance II, Limited Partnership Defendant City Attorney Taylor stated that the persons attending the out- of-sunshine, attorney-client session will be: Lou Ann R. Palmer, Mayor; Richard F. Martin, Vice Mayor; Fredd "Glossie" Atkins, Commissioner; Danny Bilyeu, Commissioner; Mary Anne Servian, Commissioner, participating by speaker telephone); Michael A. McNees, City Manager; Richard J. Taylor, City Attorney; Mark D. Singer, City Attorney's Office; and a Certified Court Reporter. City Attorney Taylor stated that Commissioner Servian is the owner of a unit at the Sarasota Renaissance; that a question is if a conflict of interest exists precluding her participation; that the issue has been discussed with Commissioner Servian; that at this time, Commissioner Servian is not a party to the proceedings as the litigation does not involve the residents; that the litigation may at some future time involve the residents; however, based upon a review of the State Statutes and the discussion with Commissioner Servian, no conflict of interest is perceived at this time; that Commissioner Servian also does not believe a conflict of interest exists at this time; therefore, no declaration of a conflict of interest is required. 2. INTRODUCTION RE: ATTORMEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011 (8), FLORIDA STATUES (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. RICHARD E. LYONS VERSUS CITY OF SARASOTA, WHICH PERTAINS TO LITIGATION ARISING OUT OF A SIDEWALK FALL (AGENDA ITEM II) CD 5:31 through 5:32 Mayor Palmer stated that the parties to the litigation are: Dr. Richard E. Lewis = Plaintiff City of Sarasota Defendant City Attorney Taylor stated that the persons attending the out- of-sunshine, attorney-client session will be: Lou Ann R. Palmer, Mayor; Richard F. Martin, Vice Mayor; Fredd "Glossie" Atkins, Commissioner; Danny Bilyeu, Commissioner; Mary Anne Servian, Commissioner, (participating by speaker telephone); Michael A. McNees, City Manager; Richard J. Taylor, City Attorney; Douglas P. Lawless, City Attorney's Office; and a Certified Court Reporter. 3. INTRODUCTION RE: ATTORNEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011 (8), FLORIDA STATUES (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 KENNETH E. HALL VERSUS CHIEF OF POLICE, - CHARLES ROBINSON, EARL DELVALLE AND CITY OF SARASOTA, WHICH PERTAINS TO LITIGATION ARISING OUT OF A TRAFFIC STOP AND ARREST (AGENDA ITEM III) CD 5:32 through 5:33 Mayor Palmer stated that the parties to the case are: Kenneth E. Hall - Plaintiff The Chief of Police, Charles Robinson, Earl DelValle, and the City of Sarasota - Defendant City Attorney Taylor stated that the persons attending the out- of-sunshine, attorney-client session will be: Lou Ann R. Palmer, Mayor; Richard F. Martin, Vice Mayor; Fredd "Glossie" Atkins, Commissioner; Danny Bilyeu, Commissioner; Mary Anne Servian, Commissioner, (participating by speaker telephone); Michael A. McNees, City Manager; Richard J. Taylor, City Attorney; Douglas P. Lawless, City Attorney's office; and a Certified Court Reporter. City Attorney Taylor further stated that for the record, the Special meeting recessed into an out-of-sunshine, attorney-client session at 5:33 p.m. BOOK 55 Page 26868 01/26/04 4:00 P.M. BOOK 55 Page 26869 01/26/04 4:00 P.M. The Commission recessed at 5:33 p.m. into an out-of-sunshine, attorney-client session in Room 109, City Hall, and reconvened in the Chambers at 6:20 p.m. 4. ANNOUNCEMENT RE: : TERMINATION OF ATTORAEY-CLIENT SESSION IN ACCORDANCE WITH SECTION 286.011(8), FLORIDA STATUTES (2002) (AGENDA ITEM IV) CD 6:20 City Attorney Taylor stated that for the record, the out-of- sunshine, attorney-client session concerning litigation involving City of Sarasota concluded at 6:20 p.m. 5. ACTION RE: : DISCUSS THE MATTER OF CITY OF SARASOTA VERSUS SARASOTA RENAISSANCE II, LIMITED PARTNERSHIP, AND FLORIDA WEST COAST SYMPHONY, WHICH PERTAINS TO LITIGATION ARISING OUT OF AN AMENDMENT TO VIEW CORRIDOR EASEMENT, IF REQUIRED NO ACTION TAKEN (AGENDA ITEM V) AND 6. ACTION RE: DISCUSS THE MATTER OF DR. RICHARD E. LYONS VERSUS CITY OF SARASOTA, WHICH PERTAINS TO LITIGATION ARISING OUT OF A SIDEWALK FALL, IF REQUIRED = NO ACTION TAKEN (AGENDA ITEM VI) AND 7. ACTION RE: : DISCUSS THE MATTER OF KENNETH E. HALL VERSUS CHIEF OF POLICE, CHARLES ROBINSON, EARL DELVALLE AND CITY OF SARASOTA, WHICH PERTAINS TO LITIGATION ARISING OUT OF A TRAFFIC STOP AND ARREST, IF REQUIRED NO ACTION TAKEN (AGENDA ITEM VII) CD 6:20 8. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM VIII) CD 6:21 There was no one signed up to speak. 9. ADMINISTRATIVE OFFICERS CD 6:21 through 6:26 CITY MANAGER MCNEES: A. stated that a meeting was held with the Executive Director of the Downtown Partnership and representatives of the vendors of the Farmers Market to discuss a temporary location for the Farmers Market during construction of the Lemon Avenue Streetscape Project; that the possibility of a reconfigured location on State Street is being reviewed, taking into consideration the problems associated with the location; that the Burns Square Association requested a segment of Pineapple Avenue be considered, which will be reviewed and is another option; that details must be addressed with either location; that the vendors have agreed to resolve the issue of the organization representing the vendors; that the hope is the vendors can resolve the issue. Mayor Palmer stated that the vendors must resolve the issue of their representative organization. City Manager McNees stated that the hope is to resolve the question of a temporary location for the Farmers Market quickly. Mayor Palmer stated that the Commission should not be required to resolve the issue of the vendors' representative organization; and asked if the temporary location for the Farmers Market will be on the Agenda of the February 2, 2004, Regular Commission meeting? City Manager McNees stated that having an item on the Agenda of the February 2, 2004, Regular Commission meeting is unlikely. Mayor Palmer stated that a determination is required as Lemon Avenue will be closed soon. City Manager McNees stated that an item will be included on the Agenda of the February 2, 2004, Regular Commission meeting if at all possible. Vice Mayor Martin asked if the logistics of a temporary location on State Street have been resolved? BOOK 55 Page 26870 01/26/04 4:00 P.M. BOOK 55 Page 26871 01/26/04 4:00 P.M. City Manager McNees stated that several details must be resolved; that for example, the permission of a business owner to shut off access to the business during the Farmers Market is required; that the Executive Director of the Downtown Partnership is attempting to obtain permission from the business owner; that the hope is for a good outcome. Vice Mayor Martin stated that the date indicated for a relocated Farmers Market is February 14, 2004, which is Valentine's Day; and asked if relocation by Valentine's Day is required? City Manager McNees stated that a number of problems exist; that diametrically opposed objectives are presented; that the Farmers Market could possibly remain at the current location for one additional week; that another possibility is to relocate the Farmers Market as soon as possible as the Lemon Avenue Streetscape Project is critical to the opening of the Whole Foods Centre project; that damages could be imposed on the City and the developer if the Whole Foods Centre project does not open on time; that a definitive answer concerning the date of Valentine's Day cannot be provided at this time; that the issues have been clarified; that the hope is for a resolution within a day or two. Vice Mayor Martin stated that the timing of the Lemon Avenue Streetscape Project is to some degree dependent on decisions which must be made by Sarasota County. City Manager McNees stated that some decisions concerning the Lemon Avenue Streetscape Project are somewhat outside of the City's control; that the desire of the vendors of the Farmers Market to remain at the current location through Valentine's Day is understood; that the requirement to remain at the current location is lessened if the State Street location can be utilized; that the vendors' concerns are understood; that the City will do everything possible to accommodate the vendors of the Farmers Market; that the needs have some degree of mutual exclusivity; that the best solution possible will be brought back to the Commission. Mayor Palmer stated that any approvals required from the Commission must be on the Agenda of the February 2, 2004, Regular Commission meeting. City Auditor and Clerk Robinson stated that a Special Commission meeting is scheduled for February 9, 2004. City Manager McNees stated that an item will be placed on the Agenda of the February 2, 2004, Regular Commission meeting if possible. Commissioner Bilyeu stated that another Special Commission meeting could be called if necessary. Mayor Palmer stated that the preference would be to avoid calling another Special Commission meeting if possible; that the Commission should be kept informed of the progress. 10. ADJOURN (AGENDA ITEM IX) CD 6:26 There being no further business, Mayor Palmer adjourned the Special meeting of the City Commission of January 26; 2004, at 6:26 p.m. aL A JOU ANN R. PALMER, MAYOR ATTEST: A 34 4 1 BILLA . ROBINSON, CITY AUDITOR AND CLERK BOOK 55 Page 26872 01/26/04 4:00 P.M.