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

## MINUTES OF THE SPECIAL SARASOTA CITY COMMISSION MEETING OF JULY 17, 2023

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

ABSENT: None

1:33:05 P.M.

The meeting was called to order by Mayor Battie at 1:33 P.M.

1:33:25 P.M.

INVOCATION: City Auditor and Clerk Griggs

1:33:38 P.M.

PLEDGE OF ALLEGIANCE: Vice Mayor Alpert

1:34:00 P.M.

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

No one signed up to speak.

1:34:04 P.M.

2. 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, ET AL (AGENDA ITEM II-1)

1:34:51 P.M.

City Attorney Fournier stated that at the July 05, 2023, Regular Sarasota City Commission Meeting, Commission consensus was sought and no objection was received to hold an out-of-the-sunshine, attorney-client session; that the Special 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, et al; 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 Agenda states approximately one (1) hour; that the following people will be in attendance:

Kyle Scott Battie, Mayor; Liz Alpert, Vice Mayor; Erik Arroyo, Commissioner; Jen Ahearn-Koch, Commissioner; Debbie Trice, Commissioner; Marlon Brown, City Manager; Robert Fournier, City Attorney; Joseph Polzak, Assistant City Attorney; and a Certified Court Reporter

* * *

1:35:49 P.M.

## 3\. ATTORNEY-CLIENT SESSION (AGENDA ITEM II)

The Commission recessed at 1:35 P.M. into an out-of-the-sunshine, attorney-client session in Room 109, City Hall, and reconvened at 2:56 P.M.

2:56:00 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, ET AL (AGENDA ITEM III-1)

Mayor Battie closed the out-of-the-sunshine, attorney-client session and reconvened the July 17, 2023, Special Sarasota City Commission Meeting.

2:56:26 P.M.

City Attorney Fournier stated that the out-of-the-sunshine, attorney-client session is closed and the July 17, 2023, Special Sarasota City Commission Meeting reconvened at 2:56 P.M.; that the belief is known as to what needs to be communicated to counsel and under the circumstances the Commission is not ready to take a vote or hear a motion on the record at this time. No Action Taken

2:56:54 P.M.

## 5\. ADJOURN (AGENDA ITEM IV)

Mayor Battie adjourned the Special Sarasota City Commission meeting at 2:56 P.M.

KYLE SCOTT BATTIE, MAYOR

ATTEST:

SHAYLA GRIGGS CITY AUDITOR AND CLERK

SPECIAL (ATTORNEY CLIENT SESSION) CITY COMMISSION MEETING CITY HALL 1565 First Street Sarasota, Florida July 17, 2023 City Commission Chambers Immediately following conclusion of Regular Meeting 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, et al (CITIZEN COMMENTS ARE NOT PERMITTED ON THIS ITEM) II.1 Agenda Request Form.pdf 7.17.23 shade meeting back up materials.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, et al (CITIZEN COMMENTS ARE NOT PERMITTED ON THIS ITEM) III.1 Agenda Request Form.pdf IV. ADJOURN Meeting Notice 7-17-23 Special Out of Sunshine Meeting Notice.pdf City Commission Rules of Procedure CC.RulesofProcedure.AdoptedSept20-2021.pdf Attorney Client Session to adjourn and reconvene into Special City Commission meeting MEETING NOTICE CITY COMMISSION RULES OF PROCEDURE 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, (941) 263-6299. 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 Office of the City Auditor and Clerk at (941) 263-6222 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/mahadiv-042/Desktop/23-07-17-Commission-Special.txt[7/18/2023 6:10:30 AM] SARASOTA CITY COMMISSION SPECIAL MEETING MONDAY, JULY 17, 2023 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. 01:33:05 >>Mayor Battie: GOOD AFTERNOON. 01:33:07 I WOULD LIKE TO CALL THIS MEETING TO ORDER. 01:33:11 WELCOME TO THE JULY 17, 2023, SPECIAL CITY COMMISSION 01:33:15 MEETING. 01:33:16 LIKE TO HAVE OUR CITY AUDITOR AND CLERK GIVE AN INVOCATION. 01:33:25 >>Shayla Griggs: HEAVENLY FATHER, WE AFFIRM OUR FAITH IN 01:33:27 THEE. 01:33:27 WE SEEK YOUR DIVINE STRENGTH, WISDOM, AND GUIDANCE IN THE 01:33:31 DELIBERATIONS THAT AFFECT THE LIVES OF EACH OF THE CITIZENS 01:33:33 IN OUR COMMUNITY. 01:33:34 IN THY NAME WE PRAY, AMEN. 01:33:38 [PLEDGE OF ALLEGIANCE] 01:33:56 >>Mayor Battie: ANY CHANGES TO THE ORDER OF THE DAY? 01:33:58 >>Shayla Griggs: NO, SIR. 01:33:59 >>Mayor Battie: EXCELLENT. 01:34:00 CITIZENS' INPUT. 01:34:03 THERE ARE NONE. 01:34:04 MOVING ON TO ITEM 2.1, ATTORNEY-CLIENT SESSION. 01:34:15 THIS IS TO ANNOUNCE AGENDA ITEM 2.1 REGARDING THE SPECIAL 01:34:18 CLOSED MEETING OF THE CITY COMMISSION FOR THE PURPOSE OF 01:34:21 DISCUSSING SETTLEMENT NEGOTIATIONS AND STRATEGY RELATED TO 01:34:25 LITIGATION EXPENDITURES IN THE MATTER OF JOANNE -- 01:34:33 >>Robert Fournier: I PRONOUNCE IT SOUCY. 01:34:34 >>Mayor Battie: -- SOUCY AS PERSONAL REPRESENTATIVE FOR THE 01:34:37 ESTATE OF JOHN KAAFI, DECEASED, VERSUS THE CITY OF SARASOTA. 01:34:43 CALL UPON OUR CITY ATTORNEY, MR. FOURNIER, TO EXPLAIN THE 01:34:50 PROCESS. 01:34:51 >>Robert Fournier: THERE IS A PROVISION IN THE FLORIDA 01:34:54 STATUTES, ACTUALLY A PROVISION IN THE SUNSHINE LAW THAT 01:34:56 AUTHORIZES THE CITY ATTORNEY TO REQUEST A SPECIAL MEETING OF 01:34:58 THE CITY COMMISSION FOR THE PURPOSE OF MEETING IN A CLOSED 01:35:02 SESSION TO DISCUSS LITIGATION THAT'S PENDING TO WHICH THE 01:35:05 CITY IS A PARTY, AND WE ARE CONFINED IN THOSE DISCUSSIONS 01:35:08 THAT ARE OUT OF THE SUNSHINE TO SETTLEMENT NEGOTIATIONS OR 01:35:12 POSSIBILITIES AND STRATEGY RELATED TO LITIGATION 01:35:15 EXPENDITURES. 01:35:17 THE WHOLE SESSION IS TRANSCRIBED BY A COURT REPORTER, AND 01:35:20 THE TRANSCRIPT IS SEALED UNTIL THE CONCLUSION OF THE 01:35:23 LITIGATION. 01:35:23 I'M REQUIRED TO ANNOUNCE THE NAMES OF THOSE WHO WILL BE 01:35:27 PRESENT FOR THE CLOSED PORTION OF THE MEETING.

file:///C/Users/mahadiv-042/Desktop/23-07-17-Commission-Special.txt[7/18/2023 6:10:30 AM] 01:35:29 THEY ARE MAYOR KYLE BATTIE, VICE MAYOR LIZ ALPERT, 01:35:32 COMMISSIONER JEN AHEARN-KOCH, COMMISSIONER ERIK ARROYO, AND 01:35:36 COMMISSIONER DEBBIE TRICE, CITY MANAGER MARLON BROWN, CITY 01:35:40 ATTORNEY ROBERT FOURNIER, ASSISTANT CITY ATTORNEY JOE POLZAK 01:35:44 AND KATHY OLDMAN, CERTIFIED COURT REPORTER. 01:35:49 I AM REQUIRED -- IT IS NOW 1:35 -- TO ANNOUNCE THE TIME THAT 01:35:51 WE RECESS INTO THE CLOSED SESSION. 01:35:53 MY ESTIMATE IS THAT THIS WILL TAKE AT LEAST AN HOUR, WHICH 01:35:57 IS DOWN, HOWEVER, WE DO HAVE A VIDEO WHICH YOU MAY OR MAY 01:36:00 NOT WANT TO SEE AFTER YOU HEAR THE EXPLANATION OR YOU MAY 01:36:02 WANT TO HEAR PARTS OF IT. 01:36:04 IF YOU DO, THAT IS ABOUT 25 MINUTES, SO THAT WOULD LENGTHEN 01:36:07 THE MEETING ACCORDINGLY. 01:36:09 BUT THAT'S SOMETHING WE CAN DISCUSS WHEN WE'RE IN THE CLOSED 01:36:12 SESSION. 01:36:12 SO WITH THAT, MAYOR, I THINK YOU CAN RECESS THIS OPEN 01:36:16 SESSION, AND WE CAN GO INTO ROOM 109. 01:36:18 >>Mayor Battie: ALL RIGHT. 01:36:19 EXCELLENT. 01:36:20 WE'RE IN RECESS INTO ROOM 109. 01:36:23 [RECESS] 02:56:00 >>Mayor Battie: WE'RE BACK TO OPEN SESSION. 02:56:02 [ SOUNDING GAVEL ] 02:56:12 >>Shayla Griggs: CALL EVERYBODY BACK. 02:56:13 GO AHEAD, SIR. 02:56:17 >>Mayor Battie: BACK TO OPEN SESSION. 02:56:18 UPON RETURNING TO THE COMMISSION CHAMBERS, I'LL CALL UPON 02:56:22 OUR CITY ATTORNEY, MR. BOB FOURNIER, TO MAKE COMMENTS. 02:56:26 >>Robert Fournier: THANK YOU, MAYOR. 02:56:28 JUST TO QUICKLY SUMMARIZE, IT IS NOW 2:56. 02:56:31 I HAVE TO ANNOUNCE THE TIME THAT WE GO BACK INTO THE OPEN 02:56:33 SESSION. 02:56:34 THE ESTIMATE OF 90 MINUTES PROVED MORE ACCURATE. 02:56:36 BASED ON THE DISCUSSION, I BELIEVE I KNOW WHAT NEEDS TO BE 02:56:40 COMMUNICATED TO COUNSEL, AND I DON'T THINK UNDER THE 02:56:43 CIRCUMSTANCES THAT WE'RE READY TO TAKE A VOTE OR HEAR A 02:56:46 MOTION ON THE RECORD AT THIS TIME. 02:56:49 >>Mayor Battie: ALL RIGHT. 02:56:49 THANK YOU VERY MUCH. 02:56:50 I GUESS WE CAN CLOSE THIS MEETING. 02:56:52 ALL RIGHT. 02:56:53 THANK YOU VERY MUCH. 02:56:54 [ SOUNDING GAVEL ] 02:56:54 ADJOURN. 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.

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