Fort Walton Beach Council agenda — 05-23-06 regular — reading text

real history; and WHEREAS, the main goal of the SAR is to perpetuate the memory of those who helped establish the United States and its system of democratic government. NOW, THEREFORE, I, Mike Anderson, by virtue of the authority vested in me as Mayor of the City of Fort Walton Beach, do hereby proclaim June 9, 2006, the Centennial Anniversary of the signing of the Congressional Charter, as SONS OF THE AMERICAN REVOLUTION DA Y And call upon all citizens of Fort Walton Beach to observe this day by celebrating the contributions made by the Sons of the American Revolution. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Fort Walton Beach, Florida, to be affixed this 23rd d~ YL~ MIKE ANDERSON, MA YOR Student Award for Civic Excellence - May Awards The City of Fort Walton Beach Student Award for Civic Excellence is an award started last November which is given to one student each month from F ort Walton Beach and Choctawhatchee High Schools. The awards endeavor to recognize outstanding student leaders who are actively involved in government - especially within their school and this community. Tonight we will honor two exceptional high school students for the May Student Award for Civic Excellence - or, Student A.C. E. Recent Choctawhatchee High School graduate Joseph sh~B he ) Gaccione ( C:;~ will attend Florida State University starting this fall. While at Choctaw, Joseph was a member of the Science Honor Club, BETA Club, National Honor Society, Key Club and Chess Club. He served as a member of the I.B. Senate Committee and was an organizer for Choctaw' s I.B. Tutoring Program. Joseph graduated Summa Cum Laude and was in the top 6% of his senior class. In addition, he has been very involved in his community; he recently volunteered at the Air Force Armament Museum to repaint an airplane, and has volunteered for three years at the FWB Library with computer check- in and shelving books. THANKS !) Jessica Sansom will begin her senior year at Fort Walton Beach High School this fall. Jessica was the Junior Class President and will be the Senior Class President in the coming school year. She is on the Forensics Team, and is a member of the Fellowship of Christian Athletes and the National Honor Society. In addition, she is Club Section Editor of the V alhalla Yearbook and the Secretary of Wheelettes. Jessica has committed countless hours to community service; she was Co- chair of Operation Katrina at FWB High School, which sent food, water and clothing to hurricane victims in Mississippi and sent supplies to Gulf Port High School following Hurricane Katrina. She is also Co- chair of the Viking Christmas Connection, which provides 7 days of food, gifts and a tree for 40 families in our community. Congratulations and good luck to both of you!  20.2 MINUTES OF THE SPECIAL COUNCIL MEETING OF THE CITY OF FORT WALTON BEACH, FLORIDA MAY 4, 2006 INTRODUCTION A special meeting of the City Council of Fort Walton Beach, Florida, was held on Thursday, May 4, 2006 at 5: 00 p. m. in the Council Chambers at City Hall, with the following present: Mayor Mike Anderson Councilmen: Mike Holmes, Bill Patterson, Jim Tucker ( arrived 5: 15 p. m.), Dr. Wayne Pullen, Jim Hartwell, and Mike Minich Absent: Bob Campbell Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director ( position vacant); Toni Craig, City Attorney CALL TO ORDER The Mayor called the meeting to order. PLEDGE The Mayor led in the Pledge of Allegiance. UPDATE TO FAIRGROUNDS OPERATIONS PLAN Consideration of a request to approve an update to the Fairgrounds Operations Plan for 2006. The City Manager advised she received a request from Charles Rigdon of the Fair Association to allow She Quality Motors to rent the front grounds, parking area in Parcel 1 on May 16 - 21 for a car sale. noted that the Fairgrounds building in Area 1, and the property behind the Fairgrounds building in Area 2 were the parcels leased through the License Agreement. She noted the parking area in front, Parcel 1 , was provided to be used by the Fairgrounds for parking for the particular events at the fairgrounds. She the out that this particular use for Quality Motors will take place in the front reported City Attorney pointed parcel of the property which is technically the City's property. She mentioned the issue that arose was should be to come to the City to use the parking area rather than through that Quality Imports seeking the Fairgrounds, and the City derives the revenue. The City Attorney commented that the purpose of the License Agreement is to further the Fair Associations statutory duties and obligations as a Fair Association, but also it is intended to be a public those that are beneficial to the citizens of purpose lease. She said public purpose endeavors should be the city rather than to the public as a general whole. She said the other issue that the activity of Quality Imports is a completely commercial endeavor, and reminded Council that it is a less than fair market value lease and there are other procedures through the City approve special events and permitting of to City property. It was commented that the area has traditionally been used for commercial purposes and it would derive income for the City. The question was posed whether the City could lease that parcel with the funds to come to the City rather than the Fair Association. The City Attorney suggested it go through the and to in application for the processes set up for permitting other parks and recreational property, put an use of city property. The City Manager mentioned a fee schedule has not been established for the fairgrounds property. c- \ 20.1. 5-4- 06 Special Council UPDATE TO FAIRGROUNDS OPERATIONS PLAN Bull Rigdon, 9 Bay Drive, explained that Quality Motors will use part of the fairgrounds building for the computers and phones, and also set up tents out front for the salesmen. The question was asked if Quality Motors could set up behind the building. Mr. Rigdon responded that Quality Motors wants to be out in front so the general public can see it. The Mayor received clarification that Mr. Rigdon is renting part of the fairgrounds building in addition to Motors use the letting Quality parkinglot, and wished to know if that complicated the issue from the City's ' perspective. The City Attorney commented the overriding problem is that it is a completely commercial endeavor and does not fit within a public purpose for City property. She noted Mr. Rigdon has a certain right of the issue will be assignment of his own building that is laid out in the License Agreement. She said will remain the brought up at the next Council meeting to amend the entire 2006 Plan, and her opinion was prepared same for Quality Motors and the Tool sale. She mentioned when the License Agreement there was a set of operations that were known and that is what the License Permit was based. She said the City agreed to allow changes but each change should be looked at in context of the entire License Permit. Mr. Tucker arrived at 5: 15 p. m. Discussion centered on the use of the parking area in Parcel 1 now under the City's control, and the historical use of the fairgrounds and parking area for commercial activities. The City Attorney mentioned when Council voted to approve the License Agreement, the Fair Association provided their Plan of Operation for 2006, and part of what was taken into consideration of the price of the lease was an additional 50/0 because there would be other activities. She said the issue now is that Quality Imports was not in the 2006 Plan when it was approved and staff negotiated the price of the lease based on what was anticipated to be their revenue from the activities. the Discussion was held on the question of whether or not the parking area ( Parcel 1 ) can be used with proceeds split between the Fair Association and the City. The City Attorney commented another legal issue is that it is not a public purpose to be in a commercial endeavor unless there are other mechanisms set up. She noted what she referred to by Quality Imports as any other activity on using the City' s property is that they go through the same permitting process public property. She said whether or not a fee would include a surcharge on the proceeds would need to be addressed, and noted it would require an amendment to the License Permit if the City wanted to share in any charges made at the Fairgrounds. control Mr. Minich moved to approve the update to-the Fairgrounds Plan for the areas under their in Area 1 and Area 2 (to allow Quality Motors to hold their event May 16- 21, 2006). Mr. Patterson seconded motion. Area 1 Discussion included an exchange of view on the Fairground Association' s control over the use of in Parcel 1 and Area 2 whether it is for commercial or non- commercial use; the use of the parking area the income; and the License Permit fee and that is under the control of the City, with the City to receive that each