Fort Walton Beach Council agenda — 09-12-2006 ‎(regular)‎ — reading text

the City and the Fair Association would partner in the use of the property. He also advised the had to be sold to a property governmental entity and Congressman Miller was assured there would be a good working relationship between the City and the Fair Association. Mr. Dewrell stated he did not feel the license agreement was fairly negotiated; that it was unilateral and stated that it was written so that the Fair Association would agree to it or vacate by December 31 , 2005; and that the termination clause was added after the negotiations had been completed. the Mr. Dewrell discussed the charges made by two members of Council regarding the cost placed upon World Changers organization during their stay at the fairgrounds, and presented a letter from Mr. Bailey had an from World Changers, complimenting Mr. Rigdon and stating they were treated fairly and enjoyable stay with no problems. Mr. Dewrell asked that these concerns be addressed straightforward and honorably by Council. stated Mr. Hartwell questioned Mr. Dewrell regarding the abandonment plan; the legislation passed that could the property had to be sold to a municipality; that if the property were sold to a 501 C entity the City several of the the property not in compliance with not collect ad valorem taxes; and that buildings on are the fire code and whether plans are being made to bring them up to code. The Mayor opened the floor for public input. that the Jerry Miller, 91 Bay Winds Drive, Destin, stated the former Mayor and Council were aware the fact the Fair Congressional Act allowing the City to purchase the fairgrounds was dependent on Miller Association would remain, and that Congressman Miller would not sponsor the Bill otherwise. Mr. also advised there is not an altemative site in south Okaloosa County for a fairgrounds and fair activities, Mr. Miller urged Council to and doing away with the fairgrounds would be a disservice to the community. abandon their present course of action, stating it is a bad community decision, and called for leadership from Council for the City. were from Mr. Hartwell noted that 85% of the calls and e- mails he has received regarding the fairgrounds non- City residents. well financially for Roger Karp, County resident, stated his thoughts that the property is being used very what it is, a fairgrounds, and that if a judicial center were placed on the property, there would probably be no ad valorem taxes from it.  21 Regular Council 8- 22-06 FAIRGROUNDS {CONTI Wayne Mario, Navarre, a professional audio and lighting person, stated he has worked at the fairgrounds filii' several times and it is the best venue in the area. He cited the new Convention Center on the island as being too expensive for many organizations to hold their events, and that there is no other place large enough to house some of the activities that take place at the fairgrounds. Mr. Mario felt that to lose the fakgrounds would be a great loss to the community, as well as an economic loss for the City. Mrs. Brown, Shalimar, Chairperson of the Flower Show, advised their organization works with the youth and senior citizens in the area, and that the personal satisfaction in helping the youth and older citizens is greater than the monetary benefits, and asked Council to consider that. Buck Smith, 329 North Beal Street, stressed the fact that the Fairgrounds has a lot of programs for children and teenagers, and they are the ones that v., ould miss out if the Fair Association ceased. Chris Gibson, 249 Brooks Street, discussed leases the City has with other properties and whether they are getting fair market value from them. She also stated the Fair has been there for years and has always been good to the organizations that use it, and that they have had no problems with their lease for the past 25 or so years. Mr. Hartwell asked Ms. Gibson if she was aware the lease with the Fair Association for the past 25 years was with the US of Forestry, not the City, and Ms. Gibson advised she was not aware of that. Dept Glenda Glover, 115 Waynell Circle, advised when she was Mayor she attended meetings with Mr. Rigdon and other officials and there was a gentlemen' s agreement between the City and fair officials. Ms. Glover commented it is an a\\ esome community facility and asked Council to keep that in mind. Mr. Minich confirmed with Ms. Glover that she was Mayor in November of 2003 when a letter was written and signed by her to Congressman Miller which stated the City Council agreed to partner with the Fair Association to purchase both the softball complex and fairground properties, and to acquire the fairground propertyand lease it back to the Fair Association for the continued operation of the Northwest Florida Fair. Discussion ensued regarding bringing the buildings on the fairgrounds into compliance with current fire codes, and that the cost to do that would be approximately $20, 000. The City Manager explained that the Fair Association is not being required to put fire suppression in the buildings; however, they are required to the exits and maintain the alarm systems, that the City cannot allow public assembly light without a fire watch. As there was no one else who wished to speak, the Mayor closed the public input. The Mayor stated his thoughts that the process should be completed for the RFP to determine the best and practical use of the full 42 acres of the fairground property before any decision is made as to the abandonment of the property. l Discussion ensued regarding whether the abandonment plan could be extended after January by City Staff, with concurrence of Council, for a given period of time, and the City Manager advised she would come back to Council and seek direction from them at that time. Regarding the abandonment plan, the City Attorney stated when Council voted to terminate the I and agreement it was with or without cause and Council had the right to do that under the license permit, I the agreement was negotiated with several attorneys representing the fairgrounds. i I I i J 22 Regular Council 8- 22- 06 FAIRGROUNDS { CONTI The City Attomey also stated that a comment had been made that the agreement was changed prior to presentation to Council to add the with or without clause, and she did not recall any changes made prior to presentation to Council. The City Attomey continued if there is termination with or without cause, an abandonment clause is not required; it is the choice ofthe Fair Association after termination date had been given to them under Section 11 B of the license agreement, which states: 'The abandonment plan shall specifically outline and address removal of aboveground improvements owned by Licensee, the restoration of the permit area, and a prescribed time frame or that action or a method of valuation of the aboveground improvements in the event of purchase by the City. The abandonment plan shall be submitted to the City and will not be accepted or any action authorized until the City notifies Licensee in writing that the abandonment plan is suficient.' Therefore, the City Attomey advised that, in her opinion, in asking the Fair Association to provide an abandonment plan, the Council has allowed them to come forward with a plan and suggestions as to how they will negotiate the termination of the lease. Therefore, she does not see it contrary to the license agreement, but would see it contrary if the license were renegotiated, as Council does have authority to renegotiate but it YtOuld require very specific direction from Council. Mr. Tucker received clarification from the City Attomeythat if the abandonment plan is approved, Council has the authority to grant the Fair Association an