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11/14/1994 CITY COMMISSION MEETING November 14, 1994 The City Commission of the City of Clearwater met in regular session at City Hall, Monday, November 14, 1994 at 1:52 p.m., with the following members present: Rita Garvey Mayor/Commissioner Fred A. Thomas Vice-Mayor/Commissioner Richard Fitzgerald Commissioner Sue A. Berfield Commissioner Arthur X. Deegan, II Commissioner Also present: Elizabeth M. Deptula City Manager Kathy S. Rice Deputy City Manager William C. Baker Assistant City Manager Pamela K. Akin City Attorney Cynthia E. Goudeau City Clerk The Mayor called the meeting to order and led the Pledge of Allegiance. The invocation was offered by Assistant City Manager William C. Baker. In order to provide continuity for research, the items will be listed in agenda order although not necessarily discussed in that order. ITEM #3 - Service Awards Eight service awards were presented to City employees. James K. Beardsley, Parks & Recreation Department, was presented the November 1994 Employee of the Month Award. ITEM #4 - Approval of Minutes Commissioner Thomas moved to approve the minutes of the regular meeting of October 31, 1994, and the special meeting of October 31, 1994, as recorded and submitted in written summation by the City Clerk to each Commissioner. The motion was duly seconded and carried unanimously. ITEM #5 - Presentations a) Swearing-in police officers The Oath of Office was administered to eight Police Officers. b) Municipal Code Enforcement Board - Annual Report Stephen D. Swanberg, Chair of the Municipal Code Enforcement Board (MCEB), presented the board's annual report. He stated MCEB enforces City code and the majority of cases addressed by the board during the past year involved sign code violations. He said the Community Response Team brings forward most of the board's cases. Mr. Swanberg indicated the number of cases are down because of the Community Response Team's improved documentation and details they provide the community on how to attain compliance. He complimented Gwen Legters and Mary "Sue" Diana for their professional reporting of MCEB's meetings. He reported the board recommended Lieutenant Kronschnabl's position on the Community Response Team be made permanent. Mayor Garvey thanked Mr. Swanberg and all of the board members for their significant help. Commissioner Deegan noted with MCEB's help, the City has been able to plug a loophole regarding repeat offenders. He questioned if the MCEB had any suggestions regarding issues the City should be reviewing. Mr. Swanberg said he did not have one at the moment. He indicated staff's attempts to work diligently toward reaching resolution appears to be succeeding. c) Recognition of Herb Brown as President of Rotary International Proclamation: Rotary International Month - December, 1994. The City Commission officially recognized Clearwater resident, Herb Brown, as President of Rotary International. ITEM #6 - Citizens to be heard re items not on the Agenda Anne Garris recommended honoring Herb Brown by having signs at the City's entrance designating Clearwater as home of the Rotary International President. City Manager Elizabeth Deptula indicated staff is working on that idea. CITY MANAGER REPORTS CONSENT AGENDA (Items #7-17) - Approved as submitted less Item 10. ITEM #7 - Declare personal property surplus to City needs; authorize disposal thru Tampa Machinery Auction, Tampa, FL (FN) ITEM #8 - Routine maintenance & service contract for 24 generators & 1 blower to Diesel Energy Systems, Largo, FL, for the period 12/01/94 -11/30/95, for $28,017.26 (GS) ITEM #9 - Extension of contract for long-term disability (LTD) insurance for employees not covered by the City's Pension Plan to CNA Insurance Companies, Orlando, FL, for the period 11/01/94 -10/31/95, at an estimated $32,000 (HR) ITEM #10 - See Page 3. ITEM #11 - Renewal of agreement with The School Board of Pinellas County providing for joint use of facilities for the period 01/01/95 -12/31/95 (PR) ITEM #12 - Purchase of portable radios & chargers for the Water Division from Ericsson GE Mobile Communications, Tampa, FL, for $21,532.50 (PW) ITEM #13 - 1994/95 Street Resurfacing Contract to Couch, Inc., Tampa, FL, for $1,395,955 (EN) ITEM #14 - Joint Participation Agreement with FDOT to install runway/taxiway lights & to delineate the boundary of the landfill at Clearwater Airpark (SW) ITEM #15 - Purchase of approximately 400 Front-End Loading Refuse Containers in sizes from 2 to 8 cubic yards & spare parts from Hesco Sales, Miami, FL, for $180,000; and approximately 35 eight cubic yard containers with related spare parts from Industrial Refuse Sales, Lakeland, FL, for $20,000, during the period 11/01/94 -10/31/95, for a total of $200,000 (SW) ITEM #16 - Forgive $1,650 of the principal and all interest of 9 lot clearing liens filed against Palm Park, unnumbered block, Lot 23 provided the new owner pays the remaining balance of $1,865.91 in 18 monthly installments of $100 and a 19th payment of $65.91 (CLK) ITEM #17 - Sanitary sewer lien agreement - (Pine Ridge Sub., Blk B, Lot 9 - 1613 & 1615 N. Betty Lane - Charlie Harris)(CA) Commissioner Thomas moved to approve the Consent Agenda as submitted less Item 10 and that the appropriate officials be authorized to execute same. The motion was duly seconded and carried unanimously. ITEM #10 - Amendment & Extension to Lease Agreement for Pier Pavilion of Clearwater, Inc. to operate on a month-to-month basis, with 60 days notice of termination, with a flat monthly rental rate of 7% of gross sales (MR) On July 3, 1980, the City entered into a 15-year Lease Agreement with Pier Pavilion of Clearwater, Inc. to expire December 31, 1993. The Lease Agreement was extended for one year beginning January 1, 1994. This Amendment and Extension of the Lease Agreement would allow the Pier Pavilion to operate on a month-to-month basis subject to a 60-day notice of termination when the City razes the buildings and pool. Under the extended term, the lessee will be obligated for the 1995 occupational license and real estate taxes prorated during the months of occupancy. The City will waive the requirement for a special report or audit, but the Pier Pavilion will continue to make its books and records available to the City Finance Department. On November 15, 1994, the Pier Pavilion will no longer be required to maintain any type of insurance on the leased premises, except liability insurance. Pier Pavilion will not be required to perform any substantial maintenance or repairs to the leased premises during the term of the Lease extension. The rental rate is modified during the Lease's extension to a flat monthly rate of 7% of gross sales. Due to the short and temporary term of this extension, no Guaranty of Payment of Rent is included in the Lease Agreement. Staff recommends approval to insure that a good tenant is operating a business at the pier location until the buildings and pool are removed for new site development. Commissioner Thomas questioned if the recommended percentage is based on the Pavilion's average monthly rent or if the rate represents a reduction. Harbormaster Bill Held said the new rate will represent a flat 7% of the store's gross sales every month. Commissioner Thomas suggested it may have been more prudent to average the income over the past three years and fix a monthly dollar amount. Mr. Held reported the Pier Pavilion made yearly rental payments of: $121,607 in FY 1988/89; $129,208 in FY 1989/90; $137,657 in FY 1990/91; $103,517 in FY 1991/92; $96,119 in FY 1992/93; and $67,621 in FY 1993/94. Commissioner Thomas questioned if staff had projected the City's estimated revenue from a flat 7% rate. Mr. Held said he did not know because the tenant, Mr. Alexander, had scaled back his operation and already closed the fashion shop in anticipation of closing the operation on December 31, 1994. Mr. Held indicated staff has been negotiating this lease for several months in an attempt to keep the building occupied until it is razed. The City Manager noted when the original lease expired a year ago, the Commission authorized a one year extension. She felt this agreement represents the best way to protect the tenant and secure income for the City. Commissioner Thomas questioned if the Commission's direction is to raze the buildings within in the next couple of months. Assistant City Manager William Baker said the Commission will soon receive a draft copy of a proposed Request for Proposal (RFP) for the tower development. The RFP calls for the two interested developers to submit proposals by February 7, 1994. The timeline for razing the buildings will depend on the City's negotiations regarding the tower. Mayor Garvey noted building the tower has nothing to do with cleaning up the subject property. Ms. Deptula agreed an option would be for the City not to enter into the lease extension and level the existing buildings. Commissioner Deegan felt a better option was to recognize the tower developers may want to connect with what is developed in this area. He suggested by the time the City makes a decision regarding the developer it will be the middle of the tourist season and it would be better to wait until the season is over to begin work. Meanwhile, he recommended something useful for the tourists remain. He felt it was generous of Mr. Alexander to consider staying in the buildings after all he went though during the rebuilding of nearby Pier 60. Commissioner Deegan said it would be unfair to charge Mr. Alexander a set amount and felt the proposal was fair. Commissioner Thomas said the tower is not the main component of the City's plans for that property. He indicated the Commission's direction was to clear the site, creating a natural entrance to Clearwater Beach and including a place for a tower. Mr. Baker agreed but noted because some proposals may suggest a connection to the surrounding property, he recommended not predetermining plans. Commissioner Deegan pointed out one of the responders already suggested connecting the tower's base with the property now occupied by Mr. Alexander. Commissioner Thomas pointed out that was exactly opposite of what the Commission had decided. Mayor Garvey recalled the Commission approval of motions to clear the property and investigate the possibility of a tower were not interdependent. Commissioner Deegan said the Commission had not decided when to tear down the buildings. He felt there was no reason why both ideas cannot be worked on simultaneously. Mayor Garvey disagreed. Commissioner Thomas also disagreed and stated he made the clear and specific motion to open Clearwater Beach's entrance to Mother Nature and provide a shaded area. He noted the second motion regarding the tower authorized a very narrow base not to obstruct the Gulf of Mexico vista. He reviewed additional plans to remove the mound of sand on the land side of the Coastal Construction Control Line and saw no reason to stall work on the project. Commissioner Berfield questioned Mr. Alexander's present monthly rent. Mr. Held indicated the present rate is $50,000 per year plus a percentage of gross sales. Ms. Deptula said staff thought they were on the right track with this proposal and noted she had discussed it with the Commission during several meetings. Commissioner Thomas said his points were that the City will be undercompensated if it agrees to a rental rate of a flat 7% of gross sales and direction to staff was to clear the site. Commissioner Deegan indicated Mr. Baker had presented the Commission with several sketches of possible plans. He questioned if the Commission had given direction at that time not to go further with developing the property until the tower proposals were received. Mr. Baker said the Commission directed staff not to include sketches in the package so responders would not be bound by them. Commissioner Deegan suggested it makes sense not to tear down the buildings until the RFP responses are received. Commissioner Thomas said he pulled this item because he felt 7% of a declining business did not represent adequate terms for the lease. Commissioner Deegan pointed out the City has asked Mr. Alexander to remain at the property. Mayor Garvey suggested clearing the property. Commissioner Deegan felt it was better to have a business operation in that location until a decision is reached. Commissioner Berfield questioned if the difference between $50,000 and $67,621 represented a percentage of Mr. Alexander's business in FY 1993/94. Mr. Held said this was the case. Commissioner Berfield recommended establishing an annual rental rate of $12,347. Commissioner Thomas questioned if $67,621 represents 12% of gross sales. Mr. Held explained that figure represents the amount of money the City received last year for that property. Commissioner Thomas expressed concerns that the City has not estimated a projected income. Commissioner Deegan said the City will get some money, which is better than none. If the City starts to demolish the buildings now, he said the beach would be disrupted during the tourist season. Commissioner Berfield recommended establishing a set rate as the City should have an estimate of the projected revenue. Mayor Garvey questioned what kind of incentive the City could provide for Mr. Alexander to do the most business he can while being allowed to stay. Mr. Held reported on September 1, 1994, the City received a net payment from Mr. Alexander of $4,166 indicating the percentage was not triggered. Commissioner Thomas questioned what level of sales would trigger the percentage and noted the Commission was not provided the necessary data to reach a decision. He suggested continuing the item to November 17, 1994, and staff providing the Commission with data. He felt it was wrong to finalize a lease without knowing the income level it will provide the City. The City Manager noted old data will not relate to future income because the business has been downsized. She said if the Commission prefers charging a flat rate, staff will ask Mr. Alexander what is acceptable and the worst he will say is that he will vacate the premises on December 31, 1994. Mr. Baker said if the Commission's instructions are to clear the site and develop a park, staff could start tomorrow. He felt the tower developer may want some say regarding the remainder of the property and suggested the Commission review that interest before finalizing a decision. Commissioner Deegan noted the buildings cannot be torn down tomorrow as Mr. Alexander's lease does not expire until December 31, 1994. If the Commission finalizes plans for the property in February or March before giving Mr. Alexander 60 days notice, Commissioner Deegan suggested nothing further can be accomplished until May. Mr. Baker recommended the City Commission first read and review the RFP. Mayor Garvey noted the Commission's first motion was to clear the property. Commissioner Deegan said the property would be cleared on a date uncertain. Commissioner Thomas questioned how long it will take to clear the site. Mr. Baker indicated the buildings could be razed within weeks if no asbestos is in the buildings and no permit is required to remove the sand dune. Commissioner Deegan noted this would also result in the swimming pool being removed. Commissioner Thomas said building a new swimming pool by the Clearwater Beach Recreation Center was never part of this issue. Commissioner Deegan suggested the swimming pool is another reason to keep the buildings. Commissioner Thomas indicated the projects are not tied together. He said he was not interested in having a wrecking crew on the beach during the Holidays or tourist season. He said he had no problem with not tearing down the buildings until May 1995. He questioned if the City Commission wants to accept a lease payment of 7% of the gross or an established figure. Commissioner Deegan said Mr. Alexander is not only a good tenant but also a good businessman and will continue, under the terms of this lease, to do the same. Commissioner Deegan said while the Commission does not know the dollar amount the City will receive and Mr. Alexander does not know the volume of sales he will produce, Mr. Alexander is willing to pay a percentage of sales. If a flat rent is established, Mr. Alexander first would have to determine if he could afford it. Ms. Deptula indicated a percentage of gross sales was preferable to a flat rate. Commissioner Deegan noted this is not a typical lease and does not represent a typical situation. Commissioner Deegan moved to accept the amendment and extension to the Lease Agreement for Pier Pavilion of Clearwater, Inc. to operate on a month-to-month basis, with 60 days notice of termination, and a flat monthly rental rate of 7% of gross sales. The motion was duly seconded. Bob Wright said he walks to the beach more than 300 days a year and often stops at the Pier Pavilion for a beverage. He said Mr. Alexander had expressed concerns about continuing his business on a month by month basis. If not for his employees, Mr. Wright felt Mr. Alexander would fold the business on December 31, 1994. Mr. Wright recommended basing the rental rate on a percentage of gross sales would be best for the City. Although business has been poor during the past two years, the Pavilion's best months are in February, March and April. He felt the City's income would be higher during those three months if the rate is tied to a percentage of gross sales. Mr. Wright thought closing the Pavilion during the tourist season could hurt the tourist business. Upon the vote being taken, Commissioners Fitzgerald and Deegan voted "Aye;" Commissioners Berfield and Thomas and Mayor Garvey voted "Nay." Motion failed. Commissioner Thomas requested staff come back on Thursday with a proposal from Mr. Alexander for a fair amount of rent on a month-to-month basis or a forecast of sales to estimate the value of a flat percentage rate. Mayor Garvey questioned the differential if only the gift shop and ice cream bar are now open. Commissioner Thomas requested staff advise the Commission about the time it will take to raze the buildings and replace the bathrooms. Commissioner Berfield said her vote was not to raze the buildings. She recommended staff talk with Mr. Alexander to see what he is willing to pay for a flat monthly rent. If he indicates he cannot negotiate further, she suggested the Commission can review this proposal again. She recommended waiting until the tower proposals are received before considering razing the buildings. She suggested the City can remove the sand dunes immediately unless the tower developers are willing to do it at their expense. OTHER ITEMS ON CITY MANAGER REPORT ITEM #18 - Strategy for March Charter Amendments The City Manager said in order to include the remaining Charter Amendments on the March ballot, the ordinances must be adopted at the two January meetings. The City Clerk indicated remaining issues include: 1) procedures for filling Commission vacancies; 2) language regarding the General Accounting Office; 3) language indicating the City Attorney is required to live in the City; 4) clarifying language regarding when elected individuals are sworn in; 5) clarifying language regarding when the Vice Mayor is elected by the remainder of the Commission; 6) forfeiture due to excess absences; 7) adding language regarding the makeup of the City Attorney's Department to include paralegals; 8) change of language to state the Commission will provide for compensation for the attorney's office rather than fix it; 9) minor changes regarding time frames for citizen initiatives and referendums; 10) procedures addressing a candidate vacancy; 11) change in the bond limitation from $1-million to $5-million and 12) roll call vote. Commissioner Thomas requested this list be presented to the Commission in writing and recommended scheduling a work session on this issue. The City Clerk reported she is sending the Commission a copy of the Charter that includes the changes approved during the November 8, 1994 election. To meet the ballot deadline, the language must be adopted by the second meeting in January. Commissioner Deegan requested a copy of the Charter with changes suggested by the Charter Review Committee on which the Commission did not act. He suggested this be discussed during the November 29, 1994, meeting to give the City Attorney needed direction. Ms. Deptula said the Commission can indicate which items they wish grouped together and which ones can stand alone. ITEM #19 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #20 - Other City Attorney Items The City Attorney announced memorandums have been submitted to the Court and a ruling on the gas bonds should be made soon. ITEM #21 - City Manager Verbal Reports a) Set dates for Strategic Planning Ms. Deptula referred to the need to develop a Long Term Strategic Plan for the City. She recommended the Commission set aside a half day per month for the first three or four months of next year. The Mayor noted Monday meetings will be dealing with Beach issues through February. Ms. Deptula questioned if the Commission wants to handle the meetings or if an "expert" should be included. She suggested the process may benefit from a facilitator. Commissioner Deegan pointed out the Commission needs to develop an agenda. Commissioner Thomas indicated Commissioner Deegan is a professional in this area and suggested he write down how he would like to see this done. Mayor Garvey suggested staff brainstorm. Commissioner Deegan said he will talk to the City Manager and she can speak with others and bring back information based on those discussions. The dates for Strategic Planning will be scheduled on November 17, 1994. City Engineer The City Manager introduced the new City Engineer, Richard Baier, Director of the Engineering Department responsible for Engineering, the Water Pollution Control Division, and the Environmental Group. Harborview Center The City Manager indicated information regarding Harborview Center construction was hand delivered to the Commission and will be discussed Thursday night. Town Meeting Feedback Form Ms. Deptula referred to a copy of the draft of the Town Meeting feedback form. Commissioner Deegan said the draft represented the type of instrument he had requested. Ms. Deptula indicated she will advise those in attendance that staff is present to answer questions halfway through the staff section of tomorrow's Town Meeting at Morningside. Consensus was to approve the form. ITEM #22 - Commission Discussion Items a) Clearwater Legal Notices - consider use of Beach Views Commissioner Fitzgerald recalled the Commission addressed this issue several months earlier and the majority had voted against the proposal. He questioned a point of order noting Commissioner Thomas had voted with the minority and had requested this item be brought back before the City Commission. Commissioner Thomas said he brought the item forward because he had been advised that the Beach Views had new information to present. The City Attorney said the Commission's rules only address reconsideration at the meeting where action was taken. The City Clerk said the rules indicate an action may be rescinded by a majority vote and the motion may be made by any Commissioner. Commissioner Deegan questioned if Commissioner Thomas was bringing back this item because of new information. Commissioner Thomas said he was told Mr. Pollick wanted to present new information and had asked that the item be included on the agenda. He said there was nothing in Robert's Rules that would prevent a Commissioner from bringing back any subject. The Mayor read from Robert's Rules where it states reconsideration can only be made by a member who voted with the prevailing side. Commissioner Fitzgerald requested a ruling from the City Attorney because the Commission had agreed Robert's Rules would apply. The City Attorney stated she would review Robert's Rules and render an opinion. As a member of the majority, Commissioner Deegan said he saw no problem with listening to additional information on this subject and requested this item be his request. Commissioner Thomas requested a legal ruling on the issue. Chuck Pollick presented a video tape regarding his newspaper, the Beach Views. On tape, he indicated this is the Beach View's 45th year as Clearwater's hometown newspaper and the newspaper has over 40,000 readers. He said the newspaper is distributed on the beach, in Morningside, and down the Drew and US 19N corridors. Anne Garris said her parents started the Beach Views in 1950. She was delighted when Mr. Pollick wanted to expand the paper. She said the Beach Views has always been a value to the community, highlighting the important news of City Hall. Ms. Garris said the Beach News is the only Clearwater owned and operated newspaper. She said the newspaper can become more of Clearwater's newspaper by moving into the community as Mr. Pollick is doing at a rapid rate. Mr. Pollick said beginning with the Thanksgiving edition, the 24-page newspaper will be produced in a traditional size. He said the name "Clearwater" has been added to the mast head. He is reviewing with the State the possibility of reserving a protected name. He said the newspaper is trying to identify with the City of Clearwater, not just the beach. After the first of the year, the paper will be published twice weekly. He announced the newspaper recently was awarded the one-year right to be the exclusive news source for the Downtown area. He competed against six other newspapers and showed his paper cared by presenting a bid under cost. He said now no one can think of the Beach Views as a beach newspaper but as a beach and Downtown newspaper. Mr. Pollick questioned if Clearwater's citizens are served by publishing legal notices in the Tampa Tribune. He said the problem was communicating more effectively with residents. He suggested the City combine its advertising in the Tampa Tribune with the Beach Views. He stated the Beach Views will match the most favorable rate offered by the Tampa Tribune. Advertising in both the Beach Views and the Tampa Tribune would cost 25% of the cost of advertising in the St. Petersburg Times. The distribution of legal notices will be increased by 40,000 to 50,000 readers. Mr. Pollick suggested a one-year agreement. According to Florida Press Association's guide, he said the Beach Views has 51,000 readers. He said 28,560 people receive the newspaper at their homes. He said 22,440 other readers get the newspaper via other sources in the City. He said the newspaper expanded last year up Drew Street to US 19N and publishes the events at Morningside Recreational Complex. Mr. Pollick said support for his newspaper is far reaching and includes the Downtown Development Board (DDB) and Downtown Business Association. In January 1994, the Beach Views began delivery to every home in Belleair Beach. Mr. Pollick said the Mayor of Dunedin is excited the Beach Views is expanding to cover Dunedin news. He said his goal is to cover the news of Clearwater like no one else is doing and indicated he had no intention of covering south County. Mayor Garvey questioned what new information was presented. Commissioner Thomas said he heard the newspaper will soon be published twice a week and the size of the newspaper will increase from tabloid size to that of the local major newspapers. He said he saw wider distribution down the Belcher and Drew Street corridors and the DDB is using Mr. Pollick for disseminating information. Bob Bickerstaffe said he lives in greater Clearwater. For the past nine months, he has taken three bundles of the Beach Views to car dealers on US 19N and Gulf to Bay Boulevard every week. He said people look forward to the newspaper's arrival and thanks to the Beach Views, people are reading and talking about Clearwater. He recommended approval of the proposal and noted legal notices would get to 50% more people than are presently reached. Commissioner Fitzgerald said he could not figure out Mr. Pollick's numbers relating to readership and questioned how many papers are published. Mr. Pollick said the Beach Views publication of 17,000 newspapers per week, will increase by 2,000 copies on December 1, 1994, by terms of the contract for the Right Downtown newsletter. Commissioner Fitzgerald questioned if the Beach Views publishes 19,000 newspapers how Mr. Pollick can claim readership of more than 40,000. Mr. Pollick said the Florida Press Association provides the factors he uses as multipliers. Commissioner Fitzgerald questioned if local newspapers publish circulation numbers that reflect two and a half more newspapers than they print. Mr. Pollick said he could not answer for other newspapers. Commissioner Fitzgerald suggested if the Beach Views prints 19,000 copies of its newspaper, it has a circulation of 19,000. Mr. Pollick said his figures refer to readership, not circulation. Mayor Garvey said the Commission had already discussed and voted down this matter. Commissioner Deegan said he thought added information had been presented and felt a couple of points deserve attention. He noted the Commission decided long ago they were not satisfied with the level of readership of the City's legal notices. Advertising was placed in the Tampa Tribune due to its low cost though the Commission was not happy with the results. The Tampa Tribune is losing market share and does not have the readership the Commission would like. He said if Mr. Pollick's numbers are correct regarding providing an additional 50,000 readers, some duplication will occur. He voted against it last time because he considered the Beach Views only as a beach newspaper. He said he was not aware at the time of the last vote that the newspaper is circulated on the mainland. He felt the picture regarding the newspaper changed. Mayor Garvey spoke against the proposal. She noted the Beach Views does not cover the City and City Hall news is covered selectively. She said it is a beach paper. Commissioner Berfield said when advertising was switched from the St. Petersburg Times to the Tampa Tribune, citizens complained because many do not read the Tampa Tribune. She noted the Commission has expressed concerns regarding a lack of adequate notice but had monetary considerations. What the Commission is providing the citizens of Clearwater is important. Even if the circulation rate was applied, a minimum of 19,000 more people will be reading papers with City notices. She said the Commission should review the economics of the proposal. She questioned if the Beach View's rate would be the same as the Tampa Tribune. Mr. Pollick said he would match the Tampa Tribune's rate. He said the rate is much lower than the St. Petersburg Times' rate of $22. Commissioner Berfield said she was at the DDB meeting and noted the Beach Views' proposed rate was significantly lower than the other bidders. She said the Commission needs to consider how to best get the City's legal notices before Clearwater's citizens. She recommended approval of a trial period. Mayor Garvey suggested not many people pay attention to legal notices. Commissioner Fitzgerald said he opposed the proposal. He did not think the Beach Views' circulation was any greater than the 19,000 newspapers it prints and did not consider the Beach Views to be a "newspaper." He questioned if the Beach Views meets the qualifications to act as a vehicle for Clearwater's legal notices. The City Attorney said advertising in the Beach Views by itself would not be sufficient. Commissioner Fitzgerald noted the recommendation to put legal notices in both the Beach Views and the Tampa Tribune would not provide the coverage of the St. Petersburg Times. He recommended advertising in one source only, the St. Petersburg Times. Commissioner Berfield spoke against the St. Petersburg Times because of that newspaper's high advertising costs. Commissioner Fitzgerald expressed concerns that this recommendation would result in a duplication of efforts and certain areas of the City would be noticed twice while other sections would not be noticed at all. Commissioner Berfield said the same logic could apply to the Pinellas Review. Commissioner Fitzgerald pointed out that newspaper was established specifically to print legal notices. Commissioner Thomas said two basic issues are involved: 1) if the Commission is interested in communicating information to the citizens regarding what is going on in the City's legal structure, and 2) how to reach the greatest number of citizens for the lowest cost. He said the combination of the Beach Views and the Tampa Tribune accomplish that. If cost was not a determining factor, he would recommend advertising only in the St. Petersburg Times. He recommended a 12-month trial and said if it makes the citizens more aware of City government activities, the Commission would have accomplished something. Mayor Garvey questioned how the Commission will determine if the combined advertising is more effective. Commissioner Thomas said additional citizen activity within the Commission's chambers would be a good barometer of change. He said he has heard many complaints from citizens who had not seen legal notices and were unaware an ordinance would be passed. He felt the combined advertising was worthy of a 12-month test. Commissioner Thomas moved to approve duplicate advertising of legal notices in the Beach Views at the same rate charged by the Tampa Tribune for a one year trial period. The motion was duly seconded. Commissioner Deegan questioned the annual advertising budget for legal notices. The City Clerk said she budgeted approximately $20,000 for advertising in the Tampa Tribune in FY 1994/95. Mayor Garvey pointed out this budget would have to be increased to $40,000. The City Attorney questioned if the advertising discussed would be only for ordinances. The City Clerk said her budget does not include purchasing advertisements. The City Clerk advertises Public Hearings scheduled before the City Commission, required notifications, and several other items besides ordinances. Purchasing is handled by the Purchasing Department. Commissioner Thomas said his primary concern regarded issues of wide spread public interest. He requested the City Attorney come back with recommendations regarding all City advertising. Mayor Garvey spoke against the proposal and suggested the Beach Views will write negatively about her because of her opposition. She did not feel spending that sum of money was in the public's best interest. Commissioner Berfield said she did not know if the Mayor would get "ripped up" by the Beach Views. She said those who vote for the proposal will probably be ripped up by the other newspapers. She felt it was a balancing act with the newspapers and she said the Commission was almost to the point where they permit the newspapers to make their decisions. Commissioner Thomas said he has never spoken as a Commissioner to please any newspaper. The Mayor said she has not either. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "Aye;" Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. ITEM #23 - Other Commission Action Commissioner Berfield referred to a letter from Mr. Henderson regarding the Fifth Anniversary Teacher's Appreciation breakfast and questioned if the Commission wished to take a positive action and support the effort by purchasing a table. Mayor Garvey suggested each Commissioner make a personal commitment and pointed out this expense was not included in the budget. There was no action. Commissioner Berfield questioned if a reply had been sent to Mr. Blakely's letter regarding the development of a park at the "entrance" to Downtown on Court Street at the site of the former Utilities building. Mr. Baker said a dialogue has been opened with the Chamber of Commerce concerning their use of the Utilities building. Commissioner Berfield requested that someone respond. Commissioner Berfield questioned if anyone had replied to the complaint regarding a parking ticket at the Seminole Boat ramp. The Mayor indicated she had replied. Commissioner Thomas referred to a letter from DDB President Elise Winters that states there is no substance to the allegations of improprieties in the recent DDB election. The allegations include a claim that Judi Hackett and Ms. Winters solicited support for specific candidates. As he understood it, Joyce Baskin, who was a board member, had supported issuing a Request for Proposal (RFP) for Ms. Hackett's position and a campaign effort to rid the board of Ms. Baskin resulted. He felt this ethical question has created a "cloud" over the board. Commissioner Thomas questioned the acceptance of some ballots that earlier had been rejected. Commissioner Berfield said all the ballots were addressed at one time. The DDB acted as a Canvassing Board during the recent DDB election. Of a group of ballots presented to the board for a ruling, several were rejected and three accepted at the same meeting. Commissioner Deegan said the bone of contention regarding the meeting was that afterwards, when Ms. Baskin registered a complaint, Ms. Winters called the Division of Elections and was advised by their attorney that the decisions made were probably alright because all that was required was substantial compliance with State law. Commissioner Deegan questioned why all votes could not have been accepted under that premise. Commissioner Berfield said she had suggested the DDB may wish to reconsider the election because "substantial compliance" was not applied evenly. She said the DDB did not seem to want to address the rejected votes. Commissioner Thomas felt an ethical cloud of conduct hangs over the DDB board. He noted at a special DDB meeting, the board rejected a recommendation made by two City Commissioners that the DDB hold a new election. He said if the DDB does not clear the cloud, he will ask the City Commission to reconsider a resolution to dissolve the DDB. He recommended the Commission direct the DDB to hold a new election and advise everyone in the district of such an election. He requested the City Clerk be directed to register the more than 500 property owners able to participate in the election. Commissioner Thomas moved that the City Commission direct the DDB to hold a new election because the one just completed is tainted. Commissioner Berfield felt the Commission did not have that authority. Mayor Garvey said the DDB had already discussed this recommendation at their meeting and voted 5-2 not to hold new elections. Commissioner Thomas questioned if the DDB is aware that the alternative to holding a new election is the possible disbandment of the board. Commissioner Berfield questioned if it was possible to extricate the City Clerk from the process. She recommended the DDB have their own legal representation, apart from the City. Commissioner Deegan said the City's ordinance states the City Clerk will act as the Supervisor of Elections. Commissioner Berfield questioned if the City will be affected by any lawsuits that may be filed against the DDB. The City Attorney said the City can be named in any case but it does not appear the City would have any liability. Commissioner Berfield questioned if the City's joint partnership with the DDB would have a bearing on the City's liability. The City Attorney did not see any exposure to the City. Commissioner Deegan noted the City's partnership with the DDB is voluntary. He said if one member of a partnership acts in a way that displeases the other partners, the viability of the partnership should be questioned. Mayor Garvey noted another issue concerns the City's budget staff's preparation of the DDB's financial reports and statements. She questioned if the City Commission wanted to stop providing City staff for the DDB, a move the City had made to save the DDB money. She noted two-thirds of the DDB's income is now spent on staff. Commissioner Deegan said the City had scaled back its assistance to the DDB by not providing secretarial help for minutes. He noted the Commission went no further because they felt it would be simpler for the DDB to maintain their funds. He noted "cloud" is the same word he used during the DDB meeting he attended where no one could prove anything and all allegations were denied. He noted the DDB was not consistently applying the ruling from a court case where the judge said "in the absence of indication that absentee ballots were not cast by qualified registered voters who are entitled to vote, presumption of correctness is there." He said the DDB chose not to apply that same criteria to all the ballots. He suggested Commissioner Thomas change in his motion the word "direct" to "recommend." He reported every member of the public who addressed the DDB supported holding a new election. Commissioner Thomas agreed to change his motion to "recommend" the DDB hold a new election. He said if the DDB does not remove the cloud, he will resurrect the resolution to dissolve the board. The motion was duly seconded. Mayor Garvey felt the DDB should continue with the process they have begun to review their bylaws and ordinances. She suggested the DDB assure the Commission that the processes are working properly so this situation does not occur at next year's election. Commissioner Thomas said there is a cloud over the DDB. He felt it was improper for the City Commission to be partners with any organization that has a cloud over it. Upon the vote being taken, Commissioners Berfield, Deegan and Thomas voted "Aye;" Commissioner Fitzgerald and Mayor Garvey voted "Nay." Motion carried. Commissioner Deegan questioned staff's reply to a letter from the Department of the Army's Corp of Engineers in Jacksonville regarding beach renourishment on Sand Key. The City Manager said staff is reviewing it and a copy has been forwarded to Mr. Lijewski, President of the Sand Key Association for information and input. Commissioner Deegan questioned if staff had prepared a reply. Mr. Baker said a response had not yet been prepared but staff does support the project and has accomplished everything that has been requested. Commissioner Deegan referred to the unsafe building follow-up list and questioned why year to date and monthly totals are the same. Deputy City Manager Kathy Rice indicated the list reflects FY1994/95 which began 10/01/94. Commissioner Deegan said he thought the goal was established for the calendar year. Ms. Rice said all goals were established on a fiscal year basis. ITEM #24 - Adjournment The meeting adjourned at 4:35 p.m.