11/18/1991 CITY COMMISSION SPECIAL MEETING
November 18, 1991
The City Commission of the City of Clearwater met at City Hall with the following members present:
Rita Garvey Mayor/Commissioner
Sue Berfield Vice-Mayor/Commissioner
Lee Regulski Commissioner
William Nunamaker Commissioner
Richard Fitzgerald Commissioner
Also present were:
Michael J. Wright City Manager
M. A. Galbraith, Jr. City Attorney
Cynthia E. Goudeau City Clerk
The Mayor called the meeting to order at 2:53 p.m.
Dimmitt v. City of Clearwater
The U.S. Magistrate in this case entered an order granting partial summary judgment for Dimmitt and denied the City's Motion for Summary Judgment. This case relates to the flag display
at Dimmitt Chevrolet on US19.
Ordinarily the City would have 30 days in which to file a Notice of Appeal if a decision is made to take such an appeal. The City Attorney has filed a motion asking for clarification
as to whether the order applies to all flags or only the American flag. The time in which to file a Notice of Appeal is suspended until that motion is granted or denied.
The City Attorney has sent the Commission a memorandum with certain issues to consider in making their decision whether or not to appeal. The City Attorney stated the Commission does
not need to decide today whether or not to take an appeal. He indicated he has been with this case for four years.
Discussion ensued regarding the impact should the order relate to all flags and not just the American flag. The City Attorney reiterated that he asked for a clarification.
Further discussion ensued regarding the American flag versus commercial flags with it being stated that this would be the difference between political and commercial speech.
A question was raised regarding whether or not the sign code could be changed to define flags as signs and then limit them by the number of square footage. The City Attorney indicated
he assumed the ruling would be the same even if the code was changed in that manner.
In response to a question, the City Attorney indicated should an appeal be taken, the case would be heard in Atlanta and if the City were to lose the appeal, they would be liable for
attorneys' fees.
In response to a question regarding the fees, the City Attorney indicated that in the original trial alot of time was spent on research and writing and he would expect an appeal to
cost less than the original trial.
Discussion ensued regarding the quality of the decision and the need to wait to hear regarding the clarification requested prior to deciding whether or
not an appeal should be taken.
Concern was expressed regarding the order being issued prior to the trial taking place.
The City Attorney indicated that if he did not see good grounds for appeal, he would not be asking the Commission to consider it.
The general consensus was to wait for the clarification and then decide what avenue to take.
Betty Deptula, Assistant City Manager, reported regarding the question that came up during the worksession regarding construction of the Clearwater Pass Bridge. She indicated that
in the State's capital improvement plan, it shows the bridge construction in 1993-94. She stated there had been some slipage due to the Coast Guard decision but the bridge is still
on schedule.
The meeting adjourned at 3:17 p.m.