Special City Commission Meeting (Attorney-Client Session) - Immediately following conclusion of Regular Meeting

MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF FEBRUARY 05,2024

PRESENT: Mayor Liz Alpert, Vice Mayor Jen Ahearn-Koch, Commissioners Erik Arroyo, Kyle Scott Battie, and Debbie Trice, Deputy City Manager Patrick "Pat" Robinson, City Attorney Robert Fournier, and City Auditor and Clerk Shayla Griggs

ABSENT: City Manager Marlon Brown

5:01:28 P.M.

5:01:51 P.M.

The meeting was called to order by Mayor Alpert at 5:01 P.M.

5:02:05 P.M.

INVOCATION: City Auditor and Clerk Griggs

PLEDGE OF ALLEGIANCE: Vice Mayor Ahearn-Koch

5:02:19 P.M.

1. CITIZENS' INPUT CONCERNING CITY TOPICS (AGENDA ITEM I)

5:02:36 P.M.

No one signed up to speak.

INTRODUCTION RE: SPECIAL CLOSED MEETING OF THE CITY COMMISSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENDITURES IN THE MATTER OF JOANNE SOUCY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN KAAFI, DECEASED, V. CITY OF SARASOTA, FLORIDA, ET AL (AGENDA ITEM II-1)

City Attorney Fournier stated at the January 16, 2024, Regular Sarasota City Commission Meeting that an out-of-the-sunshine, attorney-client session was necessary; that the Special City Commission Meeting will be partially out-of-the-sunshine in accordance with Section 286.011(8), Florida Statutes, to discuss settlement negotiations and strategy related to litigation expenditure in the matter of Joanne Soucy, as Personal Representative of the Estate of John Kaafi, deceased, v. City of Sarasota (Case No. 2017 CA 002267 NC), Circuit Court for Twelfth Judicial Circuit in and for Sarasota County, Civil Division; that the out-of-the-sunshine, attorney-client session will be transcribed and the transcript will remain sealed until the conclusion of the litigation; that the out-of-the-sunshine, attorney-client session is generally estimated to be approximately 60 minutes; however, should only take 30 minutes; that the following people will be in attendance:

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5:04:20 P.M.

3. ATTORNEY-CLIENT SESSION (AGENDA ITEM III)

The Commission recessed at 5:07 P.M. into an out-of-the-sunshine, attorney-client session in Room 109 City Hall, and reconvened at 5:17 P.M.

5:17:11 P.M.

4. DISCUSSION RE: SPECIAL CLOSED MEETING OF THE CITY COMMISSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENDITURES IN THE MATTER OF JOANNE SOUCY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JOHN KAAFI, DECEASED, V. CITY OF SARASOTA, FLORIDA, ET AI (AGENDA ITEM III-1)

Mayor Alpert closed the out-of-the-sunshine, attorney-client session and reconvened the February 05, 2024, Special Sarasota City Commission Meeting.

Commissioner Battie returned to the Chambers at 5:17 P.M.

City Attorney Fournier stated that the out-of-the-sunshine, attorney-client session is closed and the February 05,2024, Special Sarasota City Commission Meeting reconvened at 5:17 P.M.; that the belief is there is no need for any motions to be made today on the record given the discussion. No Action Taken.

5:17:48 P.M.

5. ADJOURN (AGENDA ITEM IV)

Mayor Alpert adjourned the Special Sarasota City Commission meeting at 5:17 P.M.

YILOSVIGEVA TRANSFER ATTEST:

CITY OF SAN JOAO

SHAYLA GRIGGS CITY AUDITOR AND CLERK

SPECIAL (ATTORNEY CLIENT SESSION) CITY COMMISSION MEETING CITY HALL 1565 First Street Sarasota, Florida February 5, 2024 City Commission Chambers Immediately following conclusion of Regular Meetign I. CITIZENS INPUT CONCERNING CITY TOPICS (Limited to 30 minutes) Note to the Public: At this time, citizens may address the Commission on topics concerning the City. (3 minutes per person time limit) Citizens’ Input is to allow citizens the opportunity to present their view on matters concerning City topics but not on items scheduled elsewhere on the Agenda or items that were the subject of a previously held public hearing which has been closed and Commission deliberations continued to a future date. Questions and answers shall not be permitted; however, matters presented to the Commission may be referred by the Mayor, with consensus of the Commission, to the Administration for action and possible follow-up at a future Commission meeting. II. AGENDA ITEMS: II.1 Introduction Re: Special Closed Meeting of the City Commission for the purpose of discussing settlement negotiations and strategy related to litigation expenditures in the matter of Joanne Soucy, as personal representative of the Estate of John Kaafi, deceased, v. City of Sarasota, Florida, et al (CITIZEN COMMENTS ARE NOT PERMITTED ON THIS ITEM) II.1 Agenda Request Form.pdf backup 2-5-24 shade meeting.pdf III. ATTORNEY CLIENT SESSION: AGENDA CALL MEETING TO ORDER INVOCATION PLEDGE OF ALLEGIANCE City Commission to recess and convene into a closed Attorney Client Session 2

III.1 Discussion Re: Special Closed Meeting of the City Commission for the purpose of discussing settlement negotiations and strategy related to litigation expenditures in the matter of Joanne Soucy, as personal representative of the Estate of John Kaafi, deceased, v. City of Sarasota, Florida, et al (CITIZEN COMMENTS ARE NOT PERMITTED ON THIS ITEM) III.1 Agenda Request Form.pdf IV. ADJOURN Meeting Notice 2-5-24 Special Out of Sunshine Meeting Notice.pdf City Commission Rules of Procedure CC.RulesofProcedure.AdoptedSept20-2021.pdf E-Comments 2-5-24 Special Attorney Client Session eComments.pdf Attorney Client Session to adjourn and reconvene into Special City Commission meeting MEETING NOTICE CITY COMMISSION RULES OF PROCEDURE ECOMMENTS 3

Shayla Griggs City Auditor and Clerk Notice to the Public The City of Sarasota is committed to providing qualified disabled individuals an opportunity to participate in meetings of the City Commission. The City of Sarasota prohibits discrimination in all services, programs, or activities on the basis of race, color, national origin, age, disability, sex or gender, marital or familial status, religion, sexual orientation, veteran status, or genetic information. Persons with disabilities who require assistance or alternative means for communication of program information such as Braille, large print, audiotape, etc., should contact: The City of Sarasota ADA Coordinator, Jake Brown, at (941) 263-6299 or by email at adacoordinator@sarasotafl.gov. In accordance with the Americans with Disabilities Act of 1990 and Section 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in a meeting should contact the ADA Coordinator at (941) 263-6299 at least two business days prior to the date of the meeting as to the nature of the auxiliary aids and/or service necessary. Every effort will be made to provide such aid or service to the extent that they are reasonable, do not result in undue financial or administrative burden, and do not alter the fundamental nature of the meeting. Consideration will be given to the individual's preferred aid or service. However, alternatives may be provided if in the City's determination such alternatives provide an effective means of communication. For the benefit of individuals utilizing hearing aids with a T-coil, the City Commission Chambers and SRQ Media Studio are outfitted with a Hearing Induction Loop for enhanced hearing assistance. Proceedings will be electronically recorded. Should an individual feel that a verbatim transcription of the proceedings may later be needed, said individual has the burden and expense of arranging for same. Copies of the electronic recording may be purchased from the Office of the City Auditor and Clerk. 4

file:///C/Users/JJohnson/Desktop/24-02-05-CommissionSpecial.txt[2/6/2024 12:21:53 PM] SARASOTA CITY COMMISSION SPECIAL MEETING MONDAY, FEBRUARY 5, 2024 DISCLAIMER: THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME CAPTIONING WHICH SHOULD NEITHER BE RELIED UPON FOR COMPLETE ACCURACY NOR USED AS A VERBATIM TRANSCRIPT. ANY PERSON WHO NEEDS A VERBATIM TRANSCRIPT OF THE PROCEEDINGS MAY NEED TO HIRE A COURT REPORTER. 05:01:28 [ SOUNDING GAVEL ] 05:01:30 >>Mayor Alpert: ALL RIGHT. 05:01:31 I'M GOING TO CALL TO ORDER THIS SPECIAL CITY COMMISSION 05:01:34 MEETING OF FEBRUARY 5, 2024, AND CALL ON THE CITY AUDITOR 05:01:41 AND CLERK TO DO AN INVOCATION. 05:01:45 >>Shayla Griggs: YES, PLEASE STAND, ALL THOSE MANY PEOPLE 05:01:50 THAT ARE HERE. 05:01:51 HEAVENLY FATHER, WE AFFIRM OUR FAITH IN THEE. 05:01:54 WE SEEK YOUR DIVINE STRENGTH, WISDOM, AND GUIDANCE IN THE 05:01:58 DELIBERATIONS THAT AFFECT THE LIVES OF EACH OF THE CITIZENS 05:02:01 OF OUR COMMUNITY. 05:02:03 IN THY NAME WE PRAY, AMEN. 05:02:05 [PLEDGE OF ALLEGIANCE] 05:02:17 >>Mayor Alpert: OKAY. 05:02:19 WE AGAIN HAVE CITIZENS' INPUT CONCERNING CITY TOPICS. 05:02:26 DO WE HAVE ANYBODY SIGNED UP? 05:02:27 I DON'T SEE ANYBODY. 05:02:31 THERE'S NOBODY IN THE ROOM. 05:02:32 UNLESS THEY ARE ON ZOOM. 05:02:33 NO ZOOM. 05:02:35 OKAY. 05:02:36 THEN OUR FIRST AGENDA ITEM IS ITEM 2.1, AND IT'S THE 05:02:44 INTRODUCTION TO THE SPECIAL CLOSED MEETING OF THE CITY 05:02:46 COMMISSION FOR THE PURPOSE OF DISCUSSING SETTLEMENT 05:02:49 NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION EXPENDITURES 05:02:54 IN THE MATTER OF JOANNE SOUCY AS PERSONAL REPRESENTATIVE OF 05:02:59 THE ESTATE OF JOHN KAAFI, DECEASED, VERSUS CITY OF SARASOTA, 05:03:04 FLORIDA, ET AL. 05:03:07 MR. FOURNIER. 05:03:08 >>Robert Fournier: THANK YOU, MAYOR. 05:03:09 I JUST NEED TO FOLLOW THE STATUTORY PROTOCOL, AND YOU'VE 05:03:12 STATED THE CASE THAT THIS SHADE MEETING IS 05:03:15 OUT-OF-THE-SUNSHINE SESSION. 05:03:17 WE'RE REQUIRED TO OPEN THE MEETING IN THE SUNSHINE AND THEN 05:03:19 RECESS INTO THE SHADE MEETING. 05:03:22 AS YOU NOTED, THE CLOSED SESSION WILL BE CONFINED TO 05:03:25 SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO LITIGATION 05:03:28 EXPENDITURES IN THE CASE. 05:03:29 THE WHOLE DISCUSSION WILL BE TRANSCRIBED BY A CERTIFIED 05:03:32 COURT REPORTER AND WILL BECOME PART OF THE RECORD WHEN THE 05:03:35 LITIGATION CONCLUDES.

file:///C/Users/JJohnson/Desktop/24-02-05-CommissionSpecial.txt[2/6/2024 12:21:53 PM] 05:03:38 I'M REQUIRED TO PROVIDE THE ESTIMATED LENGTH OF THE SESSION, 05:03:41 WHICH WE NORMALLY SAY 60 MINUTES. 05:03:43 I THINK THIS ONE WILL BE THROUGH IN 30 MINUTES AND WON'T 05:03:46 TAKE AS LONG. 05:03:47 THIS IS ACTUALLY, I BELIEVE, THE THIRD SHADE MEETING WE'VE 05:03:50 HAD ON THIS PARTICULAR CASE. 05:03:51 I'M ALSO REQUIRED BY STATUTE TO READ INTO THE RECORD THE 05:03:54 NAMES OF THE INDIVIDUALS WHO WILL BE PRESENT FOR THE 05:03:56 OUT-OF-THE-SUNSHINE SESSION. 05:03:58 AND THAT WOULD BE MAYOR LIZ ALPERT, VICE MAYOR JEN 05:04:03 AHEARN-KOCH, COMMISSIONER ERIK ARROYO, COMMISSIONER KYLE 05:04:06 BATTIE, COMMISSIONER DEBBIE TRICE, DEPUTY CITY MANAGER PAT 05:04:11 ROBINSON, ROBERT FOURNIER, MYSELF, CITY ATTORNEY, JOE 05:04:15 POLZAK, ASSISTANT CITY ATTORNEY, AND POLICE LEGAL ADVISOR 05:04:18 AND A CERTIFIED COURT REPORTER. 05:04:20 IT IS NOW 5:07 BY MY WATCH, AND WE CAN RECESS AT YOUR 05:04:24 OPTION, MAYOR, INTO THE SHADE MEETING. 05:04:27 WE'LL TRY FOR 15, SURE. 05:04:31 [ SOUNDING GAVEL ] 05:04:32 >>Mayor Alpert: ALL RIGHT. 05:04:32 WE ARE IN RECESS TO DO THE SHADE MEETING. 05:04:36 [RECESS] 05:17:10 [ SOUNDING GAVEL ] 05:17:10 >>Mayor Alpert: OKAY. 05:17:11 WE ARE BACK IN SESSION FOR THE SPECIAL CITY COMMISSION 05:17:14 MEETING OF FEBRUARY 5th FOR THE PURPOSES OF A SHADE 05:17:19 MEETING REGARDING CITY LITIGATION. 05:17:22 I WILL TURN IT BACK OVER TO MR. FOURNIER. 05:17:25 >>Robert Fournier: I JUST HAVE TO PUT ON THE RECORD WE'RE 05:17:27 BACK IN OPEN SESSION AT 5:17, SO THIS WAS A BRIEF SESSION, 05:17:31 WHICH I WAS ABLE TO KEEP MY PROMISE. 05:17:34 I DON'T THINK THAT THERE NEEDS TO BE ANY MOTIONS MADE TODAY 05:17:38 ON THE RECORD GIVEN THE DISCUSSION, MAYOR. 05:17:40 SO THANK YOU FOR RECESSING INTO THE CLOSED SESSION, AND 05:17:44 WE'RE DONE WITH THE SHADE MEETING. 05:17:46 >>Mayor Alpert: WE'RE DONE. 05:17:47 ALL RIGHT, COMMISSIONERS. 05:17:48 WE'RE ADJOURNED. 05:17:48 [ SOUNDING GAVEL ] 05:17:49 DISCLAIMER: THIS FILE REPRESENTS AN UNEDITED VERSION OF REALTIME CAPTIONING WHICH SHOULD NEITHER BE RELIED UPON FOR COMPLETE ACCURACY NOR USED AS A VERBATIM TRANSCRIPT. ANY PERSON WHO NEEDS A VERBATIM TRANSCRIPT OF THE PROCEEDINGS MAY NEED TO HIRE A COURT REPORTER.

file:///C/Users/JJohnson/Desktop/24-02-05-CommissionSpecial.txt[2/6/2024 12:21:53 PM]