02/10/1989 CITY COMMISSION SPECIAL MEETING
Mills Development Lawsuit
February 10, 1989
The City Commission of the City of Clearwater met at City Hall, February 10, 1989, at 1:30 P.M., with the following members present:
Rita Garvey Mayor/Commissioner
James Berfield Vice-Mayor/Commissioner
Lee Regulski Commissioner
Don Winner Commissioner
William Nunamaker Commissioner
Also present were:
Ron H. Rabun City Manager
M. A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
The purpose of this meeting is to provide update and discussion regarding the Mills Lawsuit.
The City Attorney reported they are seeking direction regarding the next step to be taken. He stated it was explored with the County staff regarding whether or not the County plan
could be used to meet the order and it was decided that, due to the six-month time limitation placed by the Order, it would be more reasonable to pay the cash award.
Zala Forizs, outside counsel for this case, stated that the judgement requires that the City make a good faith effort to place the sand within six months, and it would require court
approval to make the cash payment. He stated there are two problems regarding the co-sponsorship of the County project meeting the Order; one, the time frame involved in obtaining the
permit; and the other, the fact the County project would not place sand on private property. He stated the City needs to move forward with filing the application for the permit to place
the sand and at the same time he is requesting permission to file a motion requesting permission to pay the cash award.
Discussion ensued regarding the options available to the City Commission and it was stated that placement of the sand, as required by the Order, would probably be washed away with the
first significant storm. It was also stated that it is highly unlikely that the City would be able to obtain the permits within the six-month time frame allowed.
Commissioner Winner moved to pursue compliance with the court order by attempting to obtain the necessary permits and at the same time authorize Mr. Forizs to file a motion requesting
the City be allowed to pay the cash award now rather than waiting for the expiration of the six-month time frame. The motion was duly seconded and carried unanimously.
In response to a question, Mr. Forizs indicated that the court would
be responsible to determine distribution of the award.
The meeting adjourned at 2:01 P.M.