Fort Walton Beach Council minutes — 10-25-06 special minutes — reading text

93 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA OCTOBER 25, 2006 INTRODUCTION A special meeting of the City Council was held on Wednesday, October 25, 2006, at 5: 30 p. m. in the Council Chambers of City Hall with the following members present: Mayor Mike Anderson Councilmen: Mike Holmes; Bill Patterson; Bob Campbell, Mayor Pro Tern; Jim Tucker; Jim Hartwell; and Mike Minich. Absent: Dr. Wayne Pullen Also present: Joyce Shanahan, City Manager; Finance Director ( Position vacant); Helen Spencer, City Clerk; Toni Craig, City Attorney; and Media CALL TO ORDER The Mayor called the meeting to order and welcomed everyone. He requested anyone who wished to address Council to approach the podium atter being recognized, and then state his or her name and address for the record. PLEDGE The Mayor led in the Pledge of Allegiance. PURPOSE The purpose of the special meeting is consideration of accepting the abandonment plan submitted by the Northwest Florida Fair Association pursuant to section 11 b of the license agreement. SUSPENSION OF ROBERTS RULES OF ORDER Mr. Minich moved to suspend Roberts Rules of Order for this meeting. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Hartwell, and Minich in favor (Pullen absent). ABANDONMENT PLAN The Mayor advised he would like each of the five options proposed by the Northwest Florida Fair Association addressed one at a time before any motion is made, with a representative of the Fair Association to present their position, to be followed by public input and any staff input. The five proposed options submitted by the Fair Association are: 1) Request that the City renegotiate or renew current lease; 2) Request that the City establish a price and offer to sell the property currently required by the Fairgrounds Association to us; 3) Request that the City make an offer to purchase all facilities and equipment currently owned by the Fairgrounds Association; 4) Request that the City extend the current lease agreement for the time required to allow the Fairgrounds Association to honor all existing contractual agreements; and 5) Should the City not be willing to entertain any of the above proposals, request we be allowed a term of no less than 180 days from the date of the final decision by the City Council to remove all facilities and equipment owned by the Fair Association and return the grounds to the condition in which it was originally acquired by the Fair Association. Mr. Hartwell wished to know if it had been determined whether or not what the Fairgrounds submitted is an abandonment plan as defined in Section 11 b of the License Agreement, as it did not show specific outline with a timeframe for removal of anything, and is a letter of what the Fairgrounds would like the City to do.  10- 25- 06 94 Special Council ABANDONMENT PLAN cont. The City Attorney stated that the October 3rd letter received from the Fair Association states after the City has considered the proposal and do not accept any of the offers, they will start removing their buildings with a demolition permit. She took that to mean that the Association understands that they have the 180 the October 2nd day time limit from the time they received the letter of termination. She stated further letter that sets out the five options, 5, asks for 180 days from the final decision by the City Council, but then back to the October paraj1raph 3r letter they fully understand when they have to be gone. She said it is a situation where an Abandonment Plan was not absolutely required until Council told them to file an abandonment plan. She interpreted what is before Council tonight as, here is what the Fair Association would like but if Council does not agree with the options, then they know they have to leave. Mr. Hartwell asked whether the City should accept it as an abandonment plan. The City Attorney replied only after Council has worked through the options. Discussion began on the first option proposed by the Fair Association: 1) Request that the City renegotiate or renew current lease. Charles Rigdon, 232 Mattie' s Way, Destin, discussed the issue of renegotiating or renewing the current license agreement. He expressed understanding that the license agreement cannot be renewed since it has been terminated and expressed the desire to work together to re- negotiate a new agreement that is amicable to both the City and the Fair Association. The Mayor clarified it could not be to re- negotiate but to negotiate a new license agreement. Mr. Hartwell expressed concern that certain things took place outside the lease and about it happening in the future ( Le. contracting events into the year 2007 when the operations plan has to be approved by Council in December of the preceding calendar year, and placed a lot of people who were under contract at a disadvantage and made the City look bad). He asked if there was assurance, if the City did another lease, they would follow the procedures as outlined in the lease. Mr. Charles Rigdon explained the Dog Show contract was negotiated before the City took title to the to know property, they did not negotiate a three year contract after the City took title. Mr. Hartwell wished the number of existing contracts the City did not know about. Mr. Rigdon explained the events try to secure their dates and it was not done with any intent to place the City or the Fair Association in a box, buti' t was done to secure the date so that the people on the circuits know when their events will be held. He stated the long- term contracts that come to mind are the Dog Show, the Antique Show, and the Salt Water Fishing Show. The Mayor suggested if that is an issue and the City is interested in negotiating a new contract that the City should know what is on the plan for 2007 and 2008 so they will have that information during negotiations. Mr. Hartwell asked if the Fair Association plans to put in the monitored fire alarm as required by the City Fire Marshall. Mr. Charles Rigdon responded the Association received a price of $37, 000. 00 to put in the alarm, but they were under the impression they had to put in the alarm or provide fire monitors, and they provide fire monitors at the events. He stated if a long- term agreement is negotiated, he assumed the Fair Association would put in the alarm. Mr. Patterson stated if the City does negotiate a new agreement with the Fair Association that the City did not need to micro- manage the Fairgrounds because they need to run it as a business and the City needs to negotiate the lease, set up the terms, and get out of the way and let them run the fairgrounds so they J can make the income to pay the lease. The Mayor opened the floor for public input. Special Council 10- 25-06 95 ABANDONMENT PLAN cont. Kim Moran, 210 Baker Avenue, city resident and school teacher, described an Art Show that encompasses over 2, 000 pieces of student art work from grades K- 12 that has been held at the Fairgrounds since 2001. She said they plan a year in advance for the show and at this time the fairgrounds is the only place it can be held. She expressed the hope that the City will negotiate a new agreement for the fairgrounds. James Thoreen, 33 Anastasia Drive, city resident, mentioned the Arts & Design Society has had a show during the fair for the past 20 years and expressed disappointment if the fair were not to continue. He encouraged Council to re- negotiate an agreement. Chris Gibson, 249 Brooks Street, city resident, questioned the status of the master plan for the property and commented until there is a master plan the City is getting ahead of itself. She suggested Council wait until it is decided what to do with the property before making a decision to re- negotiate a lease with the fairgrounds. The City Manager explained Council tabled review of the master plan until the process with the fairgrounds was complete. Mr. Minich mentioned the City is also in the process of negotiating with the County on a judicial center at the location. Jean Davis, 507 Circle Drive, non- resident, described their annual Antique Show that has been held on the same date at the Fairgrounds for the past 25 years and stated they cannot find a large enough facility to accommodate their needs. She asked that the City extend the lease with the fairgrounds. Mr. Minich received clarification that option 4 is a request to only extend the current license for a period of time to allow the fairgrounds to honor any existing contracts they have open, and not to extend the current license agreement to the end of the original term. Mr. Hartwell requested clarification on the time required to allow the Fairgrounds to honor existing contracts. Mr. Charles Rigdon explained a three year agreement was negotiated with the Dog Show in 2005 and the request is to extend until April 2008. Buck Smith, 329 N Beal Parkway, city resident, pleaded with Council to understand the need for the fairgrounds, what it has done in the past, what it will do in the future, and what it has to offer the children of the community. He urged Council to work out an agreement that is reasonable for the City as the fairground serves a need for the community. John Townsend, 512 Lang Road, non- resident, mentioned various events he has been involved with that have been held at the fairgrounds over the years. He described his most recent involvement with the Men' s Barnyard Ministry, a non- denominational Christian outreach program they have held at the fairgrounds monthly for the past five years, and they would like to see it continue. He stated there are no other locations that are as accommodating or meets their needs. Gail Stillwell, 106 Wilder Street, Niceville, President of the Okaloosa Kennel Club, stated they have a certain date for their event every year that is designated by the American Kennel Club and there is no other venue in the area that can accommodate them. She expressed they would like to see the fairgrounds stay as it is, not only for their show but because it is an asset for the community. There was no further public input. Jackie Hart, City Fire Marshall, clarified that the fire alarm system will be required and the fire watch posted are temporary until the fire alarm system is installed. The City Manager commented if Council does make a motion to re- negotiate or enter into a new lease, staff will require specific direction on the terms they believe should be included.  10- 25- 06 96 Special Council ABANDONMENT PLAN cont. Mr. Minich moved to re- negotiate the lease. Mr. Patterson seconded motion. Mr. Hartwell requested clarification on the