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07/19/1990 CITY COMMISSION MEETING July 19, 1990 The City Commission of the City of Clearwater met in regular session at City Hall, Thursday, July 19, 1990 at 6:00 p.m., with the following members present: Rita Garvey Mayor/Commissioner Richard Fitzgerald Vice-Mayor/Commissioner Lee Regulski Commissioner William Nunamaker Commissioner Sue Berfield Commissioner Also present: Ron H. Rabun City Manager M.A. Galbraith, Jr. City Attorney Cecil Henderson Assistant Public Works Director James Polatty, Jr. Planning and Development Director Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. III - Service Pin Awards. One service pin was awarded to a City employee. IV - Introductions and Awards - None. V - Presentations. The 1990 Parks and Recreation Annual Appreciation Award was presented to Barnett Bank for their participation in sponsoring the Good Life Games. A plaque of appreciation was presented to Terry Schmidt, Parks and Recreation Department, for coordinating of the City of Clearwater's 75th Anniversary Celebration. VI - Minutes of the Regular Meeting of June 21, 1990. Commissioner Nunamaker moved to approve the minutes of the regular meeting of June 21, 1990, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. VII - Citizens to be heard re items not on the Agenda. Ray Fagan stated it was time to find solutions to problems he has reported to the City and requested responses to the letters he has written. He said the only way to get the job done is to provide the best help possible. Edwin Hager requested the City Commission review its ordinance restricting the time a boat can be anchored. He feels this policy discourages tourism. He stated he intends to defend himself against charges resulting from this ordinance. Carlton Ward, Vice President of the Economic Development Division of the Chamber of Commerce, reported on their business relocation program. In response to a question, he indicated the City's Economic Development Director has also been involved in this program. VIII - PUBLIC HEARINGS ITEM #9 - Public Hearing & First Reading Ordinance #5006-90 - Vacating portion of drainage and utility easement, Morningside Estates Sub., Unit 1, Lot 126 (Nicolas V90-6)(PW) The applicant is requesting the vacation for the purpose of accommodating an existing swimming pool and deck. According to City atlases, the City does not have any utilities within this drainage and utility easement. The request has been reviewed by various City departments/divisions and the three utility companies and there are no objections. Commissioner Nunamaker moved to approve the vacation request. The motion was duly seconded and carried unanimously. The City Attorney presented Ordinance #5006-90 for first reading and read it by title only. Commissioner Fitzgerald moved to pass Ordinance #5006-90 on first reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #10 - Declare surplus part of Sec. 19-27-17 & part of Tracts 3-6&12, Hillsborough County (66.2 acres mol) for the purpose of exchanging for Island Estates Unit 5, Blk D, Lot 7; both parcels having been appraised at a value of $430,000.00 each (Windward Reflections Inc./Rex Harper) (CM) The City Manager requested this item be continued to the meeting of August 2, 1990 due to errors in the appraisal. Commissioner Nunamaker moved to continue this item to the next regular meeting of August 2, 1990. The motion was duly seconded and carried unanimously. ITEM #11 - Declare surplus portion of former Railroad row lying between Blk 4 & Blk 8 of Wallace Addn. to Clwr; Wallace Addn. to Clwr, Blk 3 and Marshall & Brandon's Sub. of Wallace's Sub., Blk 7; Wallace Addn. to Clwr, Blk 4 and Mrs. N.E. McMullen's Sub. (0.98 acres mol) for purpose of exchanging for Magnolia Park Sub., Blk 7, Lots 4-6, parts of Lots 11 & 12 to be used for parking by the City's Police Department (Dimmitt) (CM) The City Manager requested this item be continued to August 16, 1990 due to one of the principals being out of town. Commissioner Nunamaker moved to continue this item to the meeting of August 16, 1990. The motion was duly seconded and carried unanimously. Public Hearing - Second Reading Ordinances ITEM #12 - Ordinance #4997-90 - Amending land use plan to change designation to Low Density Residential for property located at the NE corner of the intersection of Beverly Circle N and Keene Rd S, Meadow Creek, Blk C, Lot 17, property annexed in Ordinance #4999-90. (DiFrancesco/Millett LUP90-11) The City Attorney presented Ordinance #4997-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4997-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #13 - Ordinance #4998-90 - Zoning as Single Family Residential "Four" for property located at the NE corner of the intersection of Beverly Circle N and Keene Rd S, Meadow Creek, Blk C, Lot 17, property annexed in Ordinance #4999-90 (DiFrancesco/Millett A90-9) The City Attorney presented Ordinance #4998-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #4998-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #14 - Ordinance #4999-90 - Annexing property located at NE corner of intersection of Beverly Circle North and Keene Road South, Meadow Creek Sub., Blk C, Lot 17 (DiFrancesco/Millett A90-9) The City Attorney presented Ordinance #4999-90 for second reading and read it by title only. Commissioner Fitzgerald moved to pass and adopt Ordinance #4999-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #15 - Ordinance #5000-90 - Amending land use plan to change designation for property located at SW corner of intersection of Drew St. and Maywood Ave., Eastwood Terrace Sub., Blk A, Lot 1 to Low Density Residential (First Christian Church LUP90-10) The City Attorney presented Ordinance #5000-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5000-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #16 - Ordinance #5001-90 - Rezoning property located at the SW corner of the intersection of Drew St and Maywood Ave, Eastwood Terrace Sub., Blk A, Lot 1 to Single-Family Residential "Six" (First Christian Church Z90-3) The City Attorney presented Ordinance #5001-90 for second reading and read it by title only. Commissioner Berfield moved to pass and adopt Ordinance #5001-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. ITEM #17- Ordinance #5005-90 - Relating to claims and settlements; settlement review and small claims committee; increasing limits on settlement authorization given the City Manager; payment of claims against the City to increase the authority of City's self insurance service agent to pay claims from funds in Bank Trust Account without Commission approval. The City Attorney presented Ordinance #5005-90 for second reading and read it by title only. Commissioner Nunamaker moved to pass and adopt Ordinance #5005-90 on second and final reading. The motion was duly seconded. Upon roll call, the vote was: "Ayes": Regulski, Nunamaker, Fitzgerald, Berfield and Garvey. "Nays": None. CITY MANAGER REPORTS IX - CONSENT AGENDA (Items #18-37) - Approved as submitted Agreements - Approved. ITEM #18 - Annual Audit Contract for fiscal year ending 9/30/90 with Deloitte & Touche for a total fee not to exceed $81,720.00 (AS) ITEM #19 - Approve agreement between the City of Clearwater, St. Petersburg Junior College and the Center Foundation regarding the Joe Dimaggio Baseball Fields (PR) ITEM #20 - 1990/91 Agreement for Lobbyist Service from James C. Massie for $14,495.00 plus reasonable and necessary out-of-pocket expenses (CM) ITEM #21 - Amendment to 1989-90 funding contract with Coordinated Child Care changing funding restriction and extending contract through August 30, 1990. (PLD) Bids & Contracts - Awarded. ITEM #22 - Purchase Firefighter Protective Suits (Bunker Gear) from Safety Equipment Co., Tampa, FL for $17,920.00 (FD) ITEM #23 - Purchase of seven Automated Side Loading and three Rear Loading Sanitation Units from Crane Carrier Corp., Tulsa, OK for $887,698.00 (GS) ITEM #24 - Renewal of Maintenance Contract (10/1/90-9/30/91) for Clearwater Public Library Computer system with CLSI, Inc., Newtonville, MA for an estimated $71,849.88 (LIB) ITEM #25 - Purchase of approximately 2,700 Tons of Dot Course Sand from Florida Crushed Stone Co., Leesburg, FL for an estimated $21,195.00 (PR) ITEM #26 - Contract for Retaining Wall - Sanitation Transfer Station to C.P. Ward, Inc., Largo, FL for $28,695.00 (PW) ITEM #27 - Purchase of the Westerly 10 ft. of Lots 1 & 2 less the South 2.5 ft. thereof, Moase & Harrison's Sub., Blk 2 from James C. Rembert, right-of-way for Greenwood Ave & Court St intersection, for $8,416. (PW) Citizens & Staff Requests - Approved. ITEM #28 - Request for $30,000.00 Worker's Compensation settlement to Mark Cote, Parks and Recreation and $5,000.00 to his attorney as a statutory fee conditioned upon said employee simultaneously submitting a voluntary resignation as a City employee (AS) ITEM #29 - Authorize Solicitation of Bids and Sale of Police Dept. Police Patrol Boat #1134.17, a 1987 Stamas, to highest and most responsive bidder above the minimum bid of $55,000.00 (PD) ITEM #30 - Waive costs associated with the 1990 Turkey Trot, Wing-Ding & Gobbler Events to be held on November 22, 1990, $4,421.00 (PR) ITEM #31 - Purchase of the building (6,250 sq ft) and property at 1171 Cleveland Street, Clearwater Heights Sub., Lot 19 (0.1 acre m.o.l.) from Dr. Paul Brown for $350,000.00 plus costs and other conditions (CM) ITEM #32 - Employment Contract - Community Development Technical Assistance/Outreach Officer for Infill Housing Program as a contract employee of Clearwater Neighborhood Housing Services; City to pay for 20 hours per week salary, at an annual cost of $14,134.00 (PLD) ITEM #33 - CDBG Housing Rehabilitation Loans - Target Areas; establish the North Greenwood neighborhood as the highest priority area; South Greenwood, Wood Valley and Condon Gardens as second priority; all other portions of the City having lowest priority. (PLD) Plans & Plats - Approved. ITEM #34 - Preliminary Site Plan for Woerner & Clark's Residential Treatment Center at 1266 Turner St., Hibiscus Gardens, Blk S, West 1/2 Lots 13 & 24, all of Lots 9-12, 25 & 26 (0.79 acres m.o.l.) (PSP90-10)(PLD) - Authorize review of a final site plan with final action by the Development Review Committee (D.R.C.) subject to the following conditions: 1) a variance to the adult congregate living facility distance separation shall be obtained from the Development Code Adjustment Board prior to submittal of the final site plan to the D.R.C. for review; 2) the dumpster must be enclosed. Any variances related to the height of the requisite enclosure (in street setback areas) must be obtained prior to review of the final site plan by the D.R.C.; 3) the nonconforming parking and vehicular drives/areas shall be discussed with the Traffic Engineer for necessary changes to the site plan prior to review of the final site plan by the D.R.C.; and 4) signs and fencing/walls are subject to separate review and permitting processes. Receipt & Referral - Received and Referred. ITEM #35 - Annexation, Land Use Plan Amendment to Low Density Residential and RS-6 District Zoning for a parcel (.20 acre) located at 515 Dora Dr., Rolling Heights Sub., Lot 20 (Rimer, A90-10, LUP90-12)(PLD) ITEM #36 - Land Use Plan Amendment to Commercial/Tourist Facilities and a Zoning District Amendment to CG for property (1.9 acres) located at the NW corner of Sunset Point Rd. and Meadow Dr., Barrett Manor Sub., part of Lot 15, Lots 16-22 & part of Lot 23 (National Safety Council/Peacock/Campagna, Z90-05, LUP90-14)(PLD) ITEM #37 - Land Development Code Amendment addressing Family Care, Group Care Facilities and Homeless Shelters, amending Sections 135, 136 and 137. (PLD) Commissioner Fitzgerald moved to approve the Consent Agenda as submitted and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. X - OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Consider options for use of the City-owned service station site located at 49 Causeway Blvd. (MR) The City Commission discussed the Service Station options at the work session on April 2, 1990. At that meeting, the Commission directed that a public opinion poll be conducted by the Public Information Office to receive input from citizens along with their recommendations. Local print media also conducted their own surveys. At the work session on June 4, 1990, responses from the combined polls were discussed. The results of the poll showed 91 favored a beach service station and 29 did not. The City-owned service station has been vacant since September, 1989. The underground fuel tanks were removed in December, 1989. Several options for use of this site have been developed for consideration as follows: Option 1 is to return the site to a full service station using the team management concept. Under this plan, the City would enter into a staffing agreement with a major oil company to provide full service, self-service and minor auto repairs. Under a separate lease agreement, a convenience store could be added. The City would install new fuel tanks, purchase gasoline retailers license and pay all taxes, environmental liability and fuel leakage tank insurance. The lessee would install and maintain new fuel dispensing units, prepare the site for opening, would be responsible for all routine interior and exterior building maintenance during the life of the agreement, carry all required liability insurance for fire, comprehensive general liability, garage keeper legal liability and automobile liability, workmen's compensation and additional insurance. The estimated cost to the City for this option is $49,500 with an estimated yearly gross revenue to the City of $30,000. Option 2 is to return the site to a full service station with self-service and enter into a five year lease agreement using the same request for proposal as last year. The station will operate as a full service station with a self-service island. A convenience store and minor auto repair service could be included. The lessee would pay the City a fixed monthly rental rate plus a percentage of gross sales. The lessee would be responsible for all taxes, insurance and fuel tank liability; would install and maintain new fuel dispensing units and also be responsible for all routine exterior and interior building maintenance. The City would install the new underground tanks. Cost of this option to the City is $48,800 with an estimated yearly gross revenue to the City of $20,000-$25,000. Option 3 is the same as option 2 with the requirement that the lessee install the underground tanks and compact and repave the area. The City would then need to consider entering into a lease agreement longer than five years. Option 3 would incur no cost to the City with an estimated yearly gross revenue to the City of $15,000-$20,000. Option 4 is that the site be renovated for use as a non-service station facility and the City enter into a five year lease agreement. The lessee would be responsible for all exterior and interior building maintenance during the life of the agreement. The cost of this option to the City would be $48,000 with the estimated gross revenue to the City unknown. Option 5 is to remove the building and install parking spaces. The amount of revenue to the parking fund would be estimated at $1,600 a year. If this option is selected, it is recommended that the parking enterprise fund pay for the demolition and reimburse the Marina enterprise fund for the fair market value of the building. Cost of this option to the City would be $31,900 but does not include the $60,750 transfer payment from the parking enterprise fund to the Marina enterprise fund. The estimated yearly gross revenue to the City would be $2,160. The Commission requested that a detailed parking survey be performed. A parking site plan recommended by Traffic Engineering showing 27 metered spaces made possible by the closure and landscaping of service station entrances increases the safety of ingress and egress from the marina and is felt to be in keeping with good engineering practices. At the meeting of June 12, 1990, the Marine Advisory Board reviewed all options and recommended Option #5. Considerable discussion ensued in regard to the various options. It was felt sufficient publicity and opportunity had been given to generate interest for a full service station. Since the tanks have been removed from the site and contamination cleaned up, it was suggested another try be made to see if any interest can be generated. Two citizens spoke in support of additional parking indicating there is strong support from the businesses in the marina for parking. Concern was expressed regarding an exit on the site in the vicinity of the post office creating a dangerous situation. This exit would be eliminated if the site is converted to parking according to the proposed plan. Commissioner Nunamaker moved to accept Option #5. The motion was duly seconded. In response to a question, Harbormaster Bill Held indicated one person had expressed interest in a full service station. Upon the vote being taken, Commissioners Nunamaker and Regulski voted "aye," Commissioners Fitzgerald and Berfield and Mayor Garvey voted "nay." Motion failed. Commissioner Fitzgerald moved to authorize staff to solicit bids for a full service station using Options 1, 2 and 3 with a 60-day time limit for response. The motion was duly seconded. Discussion continued in regard a full service station with options open for a convenience store, mechanical sales, etc. Concern was expressed that if a convenience store was allowed, they would want alcoholic beverage sales. It was indicated that the City Commission had already indicated alcoholic beverages would not be allowed. It was the general direction, if there are no bids, the Commission would go forward with the recommendation to convert this property to parking. Upon the vote being taken, Commissioners Fitzgerald and Berfield and Mayor Garvey voted "aye," Commissioners Regulski and Nunamaker voted "nay." Motion carried. ITEM #39 - Creation of a Clearwater "Environmental Advisory Committee" appointed by the City Commission (CM) In the near future, there are several major environmental initiatives which the Commission will be asked to implement, including the development of a reclaimed water irrigation master plan, a stormwater utility for water quantity and quality purposes and master drainage plans and improvements along with Stevenson's Creek. Major changes in Federal and State regulatory programs will also shape Clearwater's work program in water quality monitoring. In addition, several state environmental programs, such as the Surface Water Improvement and Management Act Program (S.W.I.M.) along with the Southwest Florida Water Management District, have created new opportunities for grant-funded environmental mitigation projects and studies such as those currently funded by the district for water quality improvements at Del Oro Groves Park on Upper Tampa Bay, along with the recent designation of Tampa Bay as a national estuary, one of sixteen in the United States. As the City plans for these initiatives, a proper and representative role for citizen input can be created through the formation of a Clearwater Environmental Advisory Committee. The purpose of this committee would not be limited to reviewing completed programs and projects but, rather, would be pro-active in nature. Such a group would be utilized to assist in the early formation of strategies and alternatives to accomplish water quality projects and to advise on the best means to respond to new regulatory requirements for monitoring and enforcement of pollution violations within the City. Staff recommends a body of ten citizens who are permanent residents of Clearwater be appointed by the Commission. Each Commissioner will appoint one reprsentative for a 3-year terms. The remaining five members will be appointed by a vote of the full Commission. Questions were raised regarding the initial appointments, with the item being written that three of the Commission group appointments would be for three years and two appointments for two years. It was requested this be changed to three appointments for two-year terms and two for one-year terms. In response to questions, it was indicated the Committee was not limited to water projects but could decide in which projects they wished to become involved. Commissioner Fitzgerald moved to approve the duties, organizational structure and membership for the creation of a Clearwater Environmental Advisory Committee as revised. The motion was duly seconded and carried unanimously. ITEM #40 - Ratify Emergency Purchase of 60 Ethernet Personal Computer Boards due to lightning strike (AS) On July 10, 1990, the City Hall Annex building was struck by lightning causing damage to 60 personal computers located in Parks and Recreation, Traffic Engineering, Public Works Engineering, Data Information Services, Risk Management, Community Relations, and the D.I.S. Training Room. These departments utilize the computers on a daily basis for many functions, ranging from word processing to customer service. The Department of Administrative Services requested the City Manager to waive the purchasing policies in order to repair the damaged computers as quickly as possible. The City has experienced this same type of damage on three other occasions. Last year, Data Information Services contacted the manufacturer of the boards to see if it was possible to purchase a "surge suppression" device to help eliminate this type of damage. Unfortunately, a device of this type is not available. Therefore, the damaged boards will be replaced with a different type of product which is much less susceptible to lightning damage. Although 45 boards failed immediately following the lightning strike, additional boards have been failing on a daily basis since the strike, making it necessary to replace all of the boards in the Annex. In response to questions, D.I.S. Manager Laura Chase indicated the boards that had been damaged were selected as this was the least expensive way to go and there was no indication they were more susceptible to lightning damage. In response to a question, it was indicated the new boards will have insulated cable. Commissioner Fitzgerald moved to ratify and confirm an emergency purchase of $10,560 for computer boards. The motion was duly seconded and carried unanimously. ITEM #41 - Clearwater Harbor Subaqueous Water Main Project to Inter-Bay Marine Construction Co., Largo, FL for $689,000.50 (PW) Water is supplied to Clearwater Beach and Sand Key through two existing 16-inch subaqueous water mains installed in the late 1950's and early 1960's. The two water mains cross Clearwater Harbor at the Memorial Causeway Bridge. The lines are still serviceable, but potentially unreliable because of their age. This project will install a new 20-inch subaqueous water main to assure continuous water service to Clearwater Beach and Sand Key. The two 16-inch lines will remain in service as long as feasible. All permits for the construction of the subaqueous water mains have been received. The permits have been made a part of the contract documents and include requirements on siltation barriers, turbidity testing and construction methods. Sea grasses in the path of the pipeline construction will be removed and replanted in another location under a City contract prior to the start of the subaqueous water main construction. In response to questions, it was indicated GTE has already installed their lines, the new main will tie into two existing 16-inch lines and the contract includes the refurbishment of part of a 16-inch line. Commissioner Nunamaker moved to award the contract to Inter-Bay Marine Construction Company and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #42 - Community Relations Board - 1 appointment (CLK) Commissioner Nunamaker moved to appoint Barbara Jill Pressler. The motion was duly seconded and carried unanimously. ITEM #43 - Marine Advisory Board - 2 appointments (CLK) Commissioner Regulski moved to reappoint Frank Krame. The motion was duly seconded and carried unanimously. Commissioner Berfield moved to appoint Bill Stephan. The motion was duly seconded and carried unanimously. ITEM #44 - Airport Authority - 1 appointment (CLK) Commissioner Regulski moved to reappoint Marvin Moore. The motion was duly seconded and carried unanimously. XI - Other Pending Matters Purchase of Spot Market Natural Gas through an Interruptible Gas Sales with Citrus Industrial Sales Company, Inc., Houston, TX (PW) Florida Gas Transmission Company (FGT), Clearwater's gas pipeline, is becoming an open access pipeline effective August 1, 1990, by order of the Federal Energy Regulatory Commission (FERC). When FGT becomes open access, local distributing companies will be allowed to buy spot market gas and transport it through the FGT Pipeline for resale to customers. The spot market gas will be purchased at a lower cost than the normal firm gas supplied by FGT. Clearwater stands to increase its profitability by purchasing the lower cost gas when available. The purchasing of interruptible transportation gas through Citrus Industrial Sales Company, Inc. will in no way jeopardize the reliability of our normal gas supply obtained from existing firm and interruptible FGT contracts for our customers. The urgency of this matter was imposed upon us by the fact that the rate case negotiations before the Federal Energy Regulatory Commission are being settled prior to trial. The settlement will force FGT to become an open access pipeline more rapidly than anticipated. Under the terms of the settlement, the contract must be executed and in place with the supplier before August 1st in order to enable the City to take advantage of spot market gas and to ensure a place on the priority list with Florida Gas Transmission. Assistant City Manager Charles Hunsicker indicated the federal government has been working for many years to take the sole source pipe line operated by the FGT and open it up for use by other suppliers. Clearwater, as one of its customers, has filed requesting a priority position if and when the pipeline is open. Even though the prices fluctuate, taking advantage of spot marketing, still results in a considerable savings to the customer. Mr. Hunsicker said the agreement sets up the mechanism by which the City of Clearwater purchases gas on the spot market from one particular company, Citrus Industrial Sales Company, Inc. This is not a sole source contract but a contract with the first supplier in line and timeliness preserves a priority position. In response to a question, Assistant Director of Public Works/Utilities Robert Brumbach, indicated once FGT goes open access the large user of gas can buy at the well head. City staff is preparing an ordinance to establish a transportation fee to address this situation. A question was raised regarding whether or not the City would lose their unused allocation of natural gas if they go to spot market purchase. Mr. Brumbach indicated spot market purchases do not affect the allocation. He indicated if the City starts changing categories of gas, some of the City's capacity would have to be forfeited. In response to questions, it was indicated executing this contract gives the City the authority to enter into a contract with Citrus Industrial Sales Company, Inc. to buy gas and does not establish quantities. Costs will be determined only for the product purchased. Commissioner Regulski moved to approve the interruptible gas sales contract with Citrus Industrial Sales Company, Inc. and authorize the City Manager or his designee to execute purchase orders for Interruptible Transportation Natural Gas. The motion was duly seconded and carried unanimously. CITY ATTORNEY REPORTS XII - Resolutions ITEM #45 - Resolution #90-32 - Gas franchise with Dunedin for the purpose of furnishing gas within the City of Dunedin and its inhabitants The City Attorney presented Resolution #90-32 and read it by title only. Following is a summary of the essential differences between the current (expiring) franchise and the new franchise: The gas system expansion formula is new. The Dunedin ordinance mandates an "aggressive" marketing program including, among other things, the offering of free water heaters or other incentives along existing gas lines to increase new hook-ups. The City of Clearwater is offering free water heaters now, but does not necessarily want to be obligated to do so for the next thirty years. It is the opinion that "or other incentives" will allow for the City to bow out of the water heater supply business if so elected at a later date. The franchise fee will increase from four percent to five percent of gross receipts. The new franchise deletes the exclusion for sales to industrial gas customers. This is a pass-through or add-on charge to Dunedin customers. Two other aspects of Dunedin's ordinance are: (1) the reservation of the right to consent to a sale of the gas system and (2) a limitation of the fees and charges to those in effect in the City of Clearwater. Both provisions are contained in the old franchise. Commissioner Regulski moved to pass and adopt Resolution #90-32 and authorize the appropriate officials to execute same. The motion was duly seconded. Discussion ensued in regard to Dunedin's ordinance giving them the right to renegotiate the franchise should the City of Clearwater sell the gas system. In response to a question, it was indicated in the event of a sale, Dunedin wanted to reserve the right to consent to the transfer; however, they would not be involved in the decision to sell. A question was raised regarding whether or not the word "have" is missing from the 6th line in the paragraph on page 3 regarding Dunedin's right to renegotiate the franchise should the City sell the Gas Division. This will be verified with Dunedin's City Attorney. Upon roll call the vote was: "Ayes": Regulski, Berfield, Nunamaker, Fitzgerald and Garvey. "Nays": None. XIII - Other City Attorney Items ITEM #46 - Authorization to file motion for rehearing in appellate court or notice to preserve City's right to seek review of appellate court's decision by Florida Supreme Court - Pelz v. City This case involved a drowning in the intercoastal waterway just east of the Sand Key toll plaza. The City contended this area was not a designated swimming area and as such could not be responsible for the drowning of Mr. Pelz. The judge granted the City a Final Summary Judgment. The decision was reversed by the Second District Court of Appeal who determined it is a question of fact for the jury to determine whether the area in question was designated as a swimming facility. There is a direct conflict between the Second District Court of Appeals' decision and the Fourth District Court of Appeals opinion. Accordingly there is a basis for requesting the Supreme Court to review this matter. The City is strongly urged to appeal this decision. If this opinion stands, every area of land adjacent to a body of water whatever size could be determined to be a designated swimming facility by a jury and thus have the City held responsible for naturally occurring conditions. Options are to file a Notice of Appeal or Motion for Rehearing. Commissioner Regulski moved to approve authorization to file a motion for rehearing with the Appellate Court or to request review by the Florida Supreme Court. The motion was duly seconded and carried unanimously. ITEM #47 - Authorization to defend Officer McBride in suit filed against him as an individual - Lakeith Sharif v. Benjamin McBride. On February 9, 1989, Officer Benjamin McBride arrested Lakeith R'Amir Sharif for obstructing a police officer, for resisting arrest with violence and for battery on a police officer. Mr. Sharif was sentenced to State Prison for those charges. Mr. Sharif has recently filed a lawsuit against Officer McBride, alleging that Officer McBride took money from Mr. Sharif subsequent to the arrest "as a low-visibility retaliatory measure because the defendant harbors ill feeing for the plaintiff." The lawsuit seeks a writ of replevin, declaratory judgment, compensatory and punitive damages, and a writ of mandamus. Because all the officers involved with Mr. Sharif's arrest deny that Officer McBride took any money from Mr. Sharif subsequent to the arrest, authorization is being requested to represent Officer McBride against the false allegations. Commissioner Nunamaker moved to authorize a defense for Officer McBride in this suit. The motion was duly seconded and carried unanimously. ITEM #48 - Sawyer Settlement The appellate court affirmed the trial court's suppression of evidence obtained during an interview of Mr. Sawyer by Clearwater police officers in November of 1986. The City has received notice from Mr. Sawyer's attorney of his intention to bring a civil action against the City. The civil liability aspect of this case has been evaluated and the City Attorney's Office has discussed with Mr. Sawyer's lawyer the possibility of settlement without the necessity of litigation. It has been established that all claims against the City and its officers would be satisfied upon payment by the City of $90,000 to Mr. Sawyer. Commissioner Regulski moved to authorize a settlement of $90,000. The motion was duly seconded and carried unanimously. XIV - City Manager Verbal Reports - none. XV - Other Commission Action Commissioner Berfield questioned the status of the proposal to have escalating fines in cases of open alcoholic beverages, noise and prostitution violations. The Police Chief reported on the progress that has been made thus far. He indicated there is an interest in escalating fines for prostitution arrests. Noise code violations do not have as high a priority. However, new Florida statutes provide for these to be handled as traffic tickets. Consideration of this leading to license revocation is under study. Commissioner Regulski questioned the status of the Countywide Drug Task Force, and it was reported this will become operational on July 23rd. Commissioner Berfield thanked James Polatty for his assistance at the Pinellas Planning Council. She questioned if a person would be allowed to speak more than three minutes under "Citizens to be Heard." It was indicated a person would need to request permission of the Commission to speak longer. Commissioner Nunamaker requested consensus of the Commission regarding whether or not they wished to review the anchorage ordinance. Consensus of the Commission was they were satisfied with the present ordinance. The Mayor requested Commissioner Fitzgerald report regarding the Mayors' Council as the billboard ordinance was discussed. Commissioner Fitzgerald reported the County is going to look to the Mayors' Council to propose an ordinance. The Mayor questioned whether or not the Mayors' Council would allow voting members other than a Mayor. It was indicated they had decided not to allow this; only Mayors will be voting members. XVI - Adjournment The meeting adjourned at 7:50 p.m.