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

stay on top of the issue. She said if something changes appreciably between now and then, they will come to Council with a recommendation in the interim. In response to the question on what other municipalities have done, Mr. Cole responded most have stayed the course, but there have been Manager changes here and there; but it is a minor part of the issue. He stated this is the time when staying the course, from a big picture perspective, is probably the most important. In response to the question on whether other municipalities decided to pull out of the Pension Plans, Mr. Cole replied he did not know of any that they work with, but there are government public plans that are thinking they do not want a defined benefit plan any longer, a typical pension plan, and want to go more for a 401 K option or the employee contribute more. He said his company has not worked with any, but he thought there are some plans that offer one or the other and allow the employees to choose, and those kinds of options can be discussed with the Actuary. This was an information only item for Council and required no action. J 18 Regular Council 8- 22- 06 NORTHWEST FLORIDA FAIRGROUNDS t/ IfIII>., Discussion regarding request from the Northwest Florida Fair Association regarding the use and or purchase of the Fairgrounds property. The Mayor advised that Mr. Campbell requested pennission to speak on this item. Mr. Campbell moved 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. Mr. Tucker seconded motion. Mr. Campbell explained the subject of the Fairgrounds has been discussed and voted on previously by Council, and it is his feeling that instead of addressing the additional issues requested by the Fair Association, he would like to know if Council is ready to move forward and not discuss the issue any longer. Mr. Minich conferred with the City Attomey, who advised the motion is not out of line. Mr. Minich stated he found it interesting that a motion was made before any public input was given, and does not feel it is a good motion. He expressed the need to discuss the issues so they can be incorporated into an abandonment plan if necessary. Dr. Pullen expressed concern that Council had previously given their word to Congressman Miller that regarding retaining the Fair Association on the property if the City purchased it, and it was his feeling Council went back on their word. Dr. Pullen stated he felt the Fair Association should be given an honest chance, even if the contract had to be redone, and that the citizens have a right to a reasonable retum on thefairgrounds. Dr. Pullen stressed that the their word and felt the tennination was spur of the City gave moment. Mr. Patterson agreed that six- months ago the Council gave the Fair Association their word on a three- Mr. Patterson agreed the City should year contract, and felt that the Council v.ent back on their word. fulfill their contract with the Fair Association and give them 12 months before the tennination date, to give them time to get their affairs in order regarding the buildings located on the property. Mr. Hartwell stated the City is abiding by the tenns of the license agreement and that the Fair Association and the signed the contract knowing of the provisions of tennination. He noted that the world is changing City needs to look ahead as to the best use ofthe fairgrounds property. Mr. Minich expressed his displeasure that concemed citizens are not being given an opportunity to speak, and feels that the Council is taking an easy way out. Mr. Holmes commented that the Council is acting responsibly in considering the motion, and that he is of making his decision on information leamed after the signing of the license agreement in December 2005. He respectfully disagreed with the comments made by Mr. Minich. Mr. Campbell received confirmation from the City Attomey that a letter was sent to the Fair Association on July 14, 2006, in reference to the tennination of the license agreement and the request for an abandonment and as of this date the Fair Association has not made any plans to abandon anything plan, at the fairgrounds. Mr. Tucker commented that his concem is what is in the best interest of the citizens of the City of Fort Walton Beach financially, and though it was a difficult decision, he felt the City should move forward with the abandonment plan, and v.111 vote to support the motion.  19 Regular Council 8- 22- 06 FAIRGROUNDS ( CONTI The Mayor requested the status ofthe RFP on the Fairgrounds Master Plan. The City Manager replied that the City received the proposals a week ago today, and Staff is in the process of evaluating them. She plans to come before Council the second meeting of September with a request for an award of the contract for the conceptual plan. Mr. Hartwell received acknowledgement from the City Attomey that since a motion was made and seconded, public input is foreclosed; therefore, the lack of public input should not be an issue now or in future discussions. Also discussed was whether the item was actually considered an agenda item, and the City Attorney advised that it was. Mr. Patterson expressed his dismay with the speed in which the termination of the license is being done. He stated very little has changed in the six months since the contract was negotiated, and questioned the hurry to get the Fair Association off that piece of property. He was advised that financially, the City receives little profits from fair proceeds. Mr. Patterson countered that if the Fair Association leaves and nothing replaces it for the next three years, the City will receive no revenue at all. The Mayor reminded Council that the letter sent to the Fair Association in July requested an abandonment plan, and that is the intent of Mr. Campbell's motion. Dr. Pullen echoed Mr. Patterson' s comments that ifthe Fair Association is allowed to remain, the City will receive something from it; otherwise, the City will receive nothing. He advised he was prepared to discuss negotiating a new contract whereby the City could get a better retum. Mr. Campbell called for the question. M".Tucker seconded, motion. Don Dewrell, attomey for the Fair Association, questioned whether there could be public input. The Mayor advised a motion has been made and seconded and public input should occur before any motion was made. Mr. Dewrell questioned why Mr. Campbell was allowed to make a motion when the item was on the agenda for public input. The Mayor replied Mr. Campbell asked to have the floor and that request was granted by him. The Mayor called for the question and it failed by a lack of 2/3 majority with Holmes, Campbell, Tucker, and Hartwell in favor and Patterson, Pullen, and Minich opposed. Mr. Minich moved to suspend Roberts Rules of Order for the remainder of this item. Dr. Pullen seconded motion. Mr. Minich questioned whether the motion was debatable. The City Attorney asked for a recess while she studied whether the motion was a proper motion. RECESS The meeting recessed at 8: 15 p. m. RECONVENE The meeting reconvened at 8: 18 p. m. The Mayor advised the City Attomey concluded the motion to suspend Roberts Rules of Order was not proper since there was already a motion on the floor, but he has made the decision to suspend Roberts Rules of Order to give the public an opportunity to speak on the issue. J 20 Regular Council 8- 22-06 FAIRGROUNDS ( CONT) Don Dewrell, attomey for the Northwest Florida Fair Association, discussed issues that he feels need to be addressed, including whether the City is interested in selling a portion of the property to the Fair Association and if so, would it be sold at the original purchase price or what would the asking price be; if the City was not willing to sell the property to the Fair Association, would it consider extending the lease and if so, for how long; if the City was not willing to extend the lease, would they be willing to purchase the improvements of the Fair Association at their cost; and if the City was unwilling to extend the lease or to purchase the improvements, would the City be willing to allow the Fair Association until July 2007 remove the improvements. Mr. Dewrell stated the Fair Association would like guidance from Council on these matters. Mr. Dewrell explained the Fair Association has not submitted an abandonment plan because of commitments it has made with organizations through April of 2007, and stated if the Fair Association is forced to leave the end of December, there will be no one to staff these events except for the City, which would cost money. He also discussed the agreement with the Department of Forestry and Congressman Miller whereby they were assured