Fort Walton Beach Council agenda — 11-10-2009 - regular — reading text

The Fairgrounds has submitted information ( attached) that details its revenue stream source. 1. 4 Staff has no definitive information as to what information was used to determine the quarterly rent amount other than the staff report for, and minutes of, the City Council meeting of June 12, 2007 which stated that the Fairgrounds and the City staff had agreed upon a base rent. 2. Discussion 2. 1 C.H. `Bull" Rigdon will be present to provide information to the City Council and discuss the merits of his request. 65- Regular Meeting 6 -12 -07 The ayor expressed his understanding that under Roberts Rules of Order he can participate discussi , and he tries to make sure he is asking for clarification issues, but once a motion ' ade he gets out d* e debate. He tries to restrict his comments just for clarification. Mr. Minich commen since the Mayor does preside, he makes the rulings lately a lot of the Mayor's comments were clarification other than opinions, but since th ayor makes the rulings it is important to keep an air o artiality unless he feels strongly ab an issue, then he passes the gavel. He said it is the right of a member of Council if they k the rules are being violated they can make a point of order. Mr. Miller commented when he asks a ques ' someone behind the podium he would like the person behind the podium to answer the q t the Mayor who has on occasion answered the ion, question. He stated it is just a que n of getting anized, it is not personal, it is roles and missions, they have the job of bei ouncilmen and he is Mayor. Mr. Reeves commente at sometimes when trying to facilitate a up someone might feel like they are getting their to tepped on a little bit, but that is part of the job. The Ma opened the floor for public input. There was no one from the public wished to speak. action was taken by Council. FAIR ASSOCIATION LEASE Consideration of a lease agreement between the City of Fort Walton Beach and the Northwest Fair Association. The City Manager referenced the draft lease agreement and went over a few minor changes that need to be made: page 3, line 74 the words be separately licensed will continue to be struck through but will be eliminated from the final version; page 4, line 96 should be buildings plural; page 6, line 130 & 131 should also state excluding windstorm coverage; page 7, line 156 rewrite the date to use the conventional date method of June 30, 2012 and line 160 rewrite the date as January 31; page 8, line 179 and 185 the zip code should be 32547; and line 173 the zip should be 32549. The City Attorney confirmed that the corrections did not change the draft lease agreement significantly. Charles Rigdon, Jr., with Fair Association said the Association thanks the Mayor and Council for the opportunity and thanked the City Manager who represented the City well. He said the base rent is T, Acceptable and he did not want it to hold up approval of the lease tonight but the only issue not in the lease is acknowledgement that if the Fairgrounds has to be used for emergency management, they ask that the rent be pro -rated based upon how many days the fairground was actually being used He said if FEMA pays them for the use of the buildings, then the Association should pay the City but if FEMA does not pay them then they ask that the rent be abated. He said they have no objections to the recommended administrative changes to the draft lease but the only thing he asked is to let them look at their deductibles on windstorm coverage. The City Manager commented if the windstorm coverage will change the outcome of the vote then Council may want to require her to bring that back to Council. She explained the reason for concern over damage to the buildings in the event of a catastrophic event is to ensure proper removal of the buildings. 66- Regular Meeting 6 -12 -07 FAIR ASSOCIATION LEASE cont. Mr. Minich received confirmation from Mr. Rigdon that other than the windstorm damage, there was no problem with the $ 1, 000 deductible for everything else. Mr. Hartwell received confirmation there is an alarm system in the facility. The Mayor opened the floor for public input. As there was no one, public input was closed. Mr. Reeves moved to approve the five year lease and three five year renewal periods for a total of a 15 year lease between the City of Fort Walton Beach and the Northwest Florida Fair Association, with the administrative modifications. Mr. Minich seconded motion and it carried by a vote of 6 to 1 with Holmes, Miller, Reeves, Garvie, Pullen, and Minich in favor and Hartwell opposed. 07- 11— 3EACH YOUTH ThNayor read the resolution by title. A RESO TION OF THE CITY OF FORT WALTON BEACH, CREATING A FORT WALTON B YOUTH COMMISSION FOR THE YOUTH OF THE CITY OF FORT WALTON BE ESTABLISH IN TS MEMBERSHIP AT 11 MEMBERS; AND PROVIDING AN EFFECTIVE QA1 Cam Johnson, PIO, b ' fly went over the make up of the youth commission as an adv)s6ry board that will bring forward to Cou , 1 for action any ideas they believe will benefit the youth qKhe City. During some discussion it was uggested that the wording Youth Commis is n be changed to Youth. Committee; it was noted the co ittee would be governed by the unshine Law; and it was suggested that Section 3 include a da when Council will appoint the embers. The PIO expressed the hope that the studeN will submit their plications to apply so he can bring at least eleven applications to Council at the firstNeeting in A st. The City Attorney was asked if minors were subjec the Sunshine Law because it may scare the students off if they are told they will go to jail if th talk each other. The City Attorney replied only if they talk about things that may foreseeable c e before m. She said it is her position that if they are going to have a Board, Committee, Au rity, Commissio or whatever it is called, they do need to be vested with the idea that they ar an important authority. he did not make a big distinction between the name of the board or mittee but definitely educate them on the Sunshine Law is crucial to municipal law. The PIO further explained will serve as staff liaison for the committee and r their direction he will set their agenda as to t r topics and issues they want to tackle The Mayor open the floor for public input. As there was no one who wished to spe public input was closed. n moved to adopt Res. 07 -11, with the change of the word commission to comma V e seconded motion and it carried unanimously with Holmes, Miller, Reeves, Ga artwell, and Minich in favor. 67-  t City of Fort Walton Beach C MEMORANDUM To; Honorable Mayor and City Council From: Joyce Shanahan, City Manager Subject: License Agreement with Northwest Florida Fair Association Date: June 7, 2007 BACKGROUND: At the City Council Workshop Meeting of April 10, 2007, City Council directed staff to negotiate new terms for a lease agreement for the use of Fairgrounds Property with According to the minutes, the discussion of the Northwest Florida Fair Association. council was to move toward a lease, the need to eliminate the operations plan, streamline the permitting process for events and arrive at a fair price for everyone. DISCUSSION: Based upon Council Direction the City Manager met with representatives of the Northwest Florida Fair Association and arrived at the attached proposed lease. Specifically the proposed lease provides for: Section 2 Term - 5 Years with three year renewals for a total of 15 years Section 3 Rent - 5% of gross receipts ( excluding Annual Fair event) for not less than $ 25, 000 per year ($ 6, 250 V. % WWA Section 4 Taxes and Fees - Lessee shall secure an annual business license tax receipt for all activities conducted upon the lessee premises, in lieu of a requirement for each individual event to be separately licensed. This provision does not waive any requirements pursuant to the City' s building or fire code or insurance requirements. 1St Section 9 Assignment Sub -Lease, Etc. - By January of each year, Lessee shall provide to the City a copy of its annual plan of events and activities. The parties understand that the annual plan is notice to Lessor of temporary use of the premises by certain for -profit and non -profit businesses and that such use is within Lessee' s ordinary, customary and historical course of business. Section 10 Expiration, Termination and Abandonment - Lessee shall remove all permanent improvements and restore the premises to an undeveloped state, within three hundred and sixty ( 360) days of the notice of surrender or of 31 January of any fifth year of any term of this lease. Staff believes that the above issues outline Council' s direction to staff and are satisfactory to the Northwest Florida Fair Association. The City Attorney has reviewed the lease agreement and has approved it as to form and legal sufficiency. CONCLUSION: Staff recommends approval of the lease agreement. 68- a. Respectfully Submitted, o e ana - n City Manager Docid: c: \ documents and settings\ jshanahan. fwb- Ian \my documents \parks & rec \softball complex & fairgrounds \sofball complex & fairgrounds—staff memo. doc Page 2of2 69-  7;7; 0 m N i OO a)a) N OO