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

extension. Mr. Minich thanked the Mayor for allowing the citizens the opportunity to speak. He cited a paper trail of letters the past several years between the City and the Fair Association expressing an interest in partnering for the betterment of the fairgrounds property, and feels that Council's credibility has been lost. Mr. Minich also discussed the loss of financial impact the City would feel with the loss of the fairgrounds, as well as the benefit it provides to the citizens, especially the youth, of the community. A point of clarification was made that the motion is that Council will not discuss the issue until an abandonment plan has been filed, then Council can discuss different options the Fair Association has. The City Attomey advised that there is no time frame given for the Fair Association to submit the plan, just to submit it, and as of termination of lease, the buildings located on the fairgrounds property, as permanent improvements, become property of the City, unless the abandonment plan specifies otherwise. Discussion ensued regarding the operations plan approved by Council and the liability to the City in the case an event cannot be held after the date of termination. The City Attomey advised, in her opinion, that the plan is approved annually under the license permit, which means they have specific authority on what operations can be had on the property. If there are some contracts gone into it is done at the risk of the Fair Association and the people they enter contracts with, because the license itself states that annually the Council will approve an operations plans, and at any time during the year Council has the authority to disapprove any event. Mr. Patterson stated his thoughts that if he was a member of the Fair Association, he would not put any faith into anything this Council says, that an agreement was signed and the rug was pulled out from under them. Mr. Patterson also discussed the benefit to the youth of the community that will be lost if the fairgrounds are gone. Mr. Campbell acknowledged that the Fair Association does a great job, but things must change for the betterment of the City, and that the license agreement states 180 days with or without cause, and that is the bottom line. Dr. Pullen stated his feeling that if this goes forward, the City should not seek assistance from any Congressmen in the future.  23 Regular Council 8- 22-06 FAIRGROUNDS {CONTI Mr. Holmes stated his opinion that the agreement has not been fulfilled on the part of the Fair Association, and cited the constant amendments to the peviously approved operations plan. Mr. Minich appreciated Mr. Holmes' concerns, but stated there are bound to be misunderstandings when a change is made from the way one has done business after 30 years, and it is often difficult for the Fair Association to know who will want to rent space, and when. Mr. Minich noted that Council has been approving the amendments each time a request is brought before Council. The Mayor called for the vote on the motion to request the Northwest Florida Fair Association present an abandonment plan in accordance with the terms of the License Agreement before any other deliberation by this Council and it carried by a vote of 4 to 3 with Holmes, Campbell, Tucker, and Hartwell in favor and Patterson, Pullen, and IVInich opposed. RECESS The meeting recessed at 9:40 pm. RECONVENE The meeting reconvened at 9: 44 p. m. MEMORANDUM OF AGREEMENT- EARL KING FARMS Request authorization to enter into a Memorandum of Agreement between Earl King Farms and the City of Fort Walton Beach for the disposal of sewage biosolids on King Farms located in Freeport, Florida and authorize the Mayor to execute the agreement. If approved, request authorization for the City to construct an imperviol,ls concrete slab, as identified in the agreement, on King Farms property for.the purpose of dumping biosolids on the property at a cost not to exceed $ 20, 000. If approved, sufficient funds are available. John Hofstad, Utilities Director, explained this agreement formalizes an agreement the City has had with Mr. King and his family for the past 13 years, which was formalized through the Agricultural Use Plan. Mr. Hofstad advised that in 2005, the FDEP stated an impervious surface must be provided on the property to contain any runoff and rainfall on site without impacting the surrounding soils, but through the previous agreement, the City did not have the authority to do any improvements on private property. Therefore, a formalized agreement between Earl King Farms and the City must be executed prior to the City performing any permanent improvement on the private property of Mr. King. Dr. Pullen moved to authorize the City Manager to execute a Memorandum of Agreement between Earl King Farms, located in Freeport,Florida and the City of Fort Walton Beach, for the disposal of sewage biosolids, and further authorize the City to construct an impervious concrete slab on Earl King Farms at a cost not to exceed $20, 000. 00. Mr. Holmes seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. COMPREHENSIVE PLAN/ CRA UPDATE Report on progress and schedule for the update of the Comprehensive Plan and CRA Plan Update. Missy McKim, CDS Director, discussed the time line for the CRA and Comprehensive Plan Update and explained that a comprehensive plan amendment cycle is in progress, and the City should hear from DCA by September 1, 2006. She also discussed the Evaluation and Appraisal Report, which will be developed into a schedule in the fall, and that both the CRA and MPB boards will be involved in all of the processes. Also discussed was the idea of increasing densities in certain sections of the CRA District that was discussed at the joint CRAlMPB meeting earlier this month, and that public workshops will be held before coming before Council and, if approved, will be amended into the Comprehensive Plan. 24 Regular Council 8-22- 06 COMPREHENSIVE PLAN ICONTI Dr. Pullen requested that he receive copies of the materials regarding the updates of the plans to keep him informed. Mr. Tucker requested that he be provided with information regarding the life spans of CRA' s, according to the current laws adopted by legislature. CODE ENFORCEMENT BOARD APPOINTMENT Consideration of appointment to the Code Enbrcement Board. Mr. Minich moved to appoint Terry Brockhoeft, 332 Shannon Court, to the Code Enforcement Board for a three-year term until August 21, 2009. Mr. Tucker seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. BEAUTIFICATIONfTREE BOARD COMMITTEE APPOINTMENT Consideration of appointment to the Beautification Committeerrree Board. Mr. Campbell moved to reappoint Gary Robins, 17 Holmes Blvd NW, to the Beautification CommitteelTree Boar for a four-year term until August 21, 2010. Dr. Pullen seconded motion and it carried unanimously with Holmes, Patterson, Campbell, Tucker, Pullen, Hartwell, and Minich in favor. MAVOR/COUNCIL ANNOUNCEMENTS Mr. Minich discussed the importance of Council members being cautious when talking to the public, other elected officials, and/ or the press, that the opinions given are their own and not the opinion or position of the City. Discussion included that Dr. Pullen often attends City board and committee members as a private citizen, and he states that he is there as a private citizen if he speaks. It was noted that minutes other than Council minutes attended by Dr. Pullen should address him as Dr. Pullen rather than Councilman Pullen, and that comments are his personal thoughts and not those of the City. Mr. Hartwell questioned, after receipt of and approval by Council of the abandonment plan, whether the City Manager should speak with those organizations/ individuals who have contracts with the Northwest Florida Fair Association to see if the City can assist them in accommodating their event. Mr. Hartwell was reminded that Council cannot discuss the fairgrounds until the abandonment plan has been received. Dr. Pullen stated he has spoken with county representatives regarding the judicial center, and suggested having a workshop with the county commissioners to get their thoughts on the jUdicial cen~er. It was clarified that the City Manager was tasked by Council to meet with the County Manager to discuss ideas and report her findings back to Council. Mr. Tucker agreed that Dr. Pullen has the right to talk to anyone as long as it is his personal opinion he is stating. Mr. Campbell wanted it noted, for the record, that he was threatened by a board member of the Fair Association earlier this evening. He thanked John Hofstad for the trip out to Hurlburt Field, and advised he visited Crestview Councilman Sam Hayes in the hospital and he is doing better. Mr. Patterson expressed concern over the issue of iIIegals in the area and suggested a workshop be held to