Fort Walton Beach Council agenda — 04-14-09 regular — reading text

April 1, 2009 TO: Honorable Mayor and Council Members FROM: Robert T. Mearns, Acting City Manage SUBJECT: Request for workshop to consider property leases Background Per the attached list of leases,the City permits city property to be rented for a multitude of purposes, by a number of organizations. Most who rent for small sums are non -profit organizations who lease space or property under the premise of providing a service that the city would otherwise have to provide.Hence, the discounted rental rate is a means of off setting - taxing property owners to provide the service the organization is providing. While there is some merit to this logic, unfortunately there has never been a nexus test to determine how necessary those services are and /or why the city would consider providing them in the first place. As you can see from the attached, lease agreements were made for as little as $ 1 per year to organizations for which there is no equivalent municipal service. i icc» ccinn The properties held by the city have the potential to generate significant revenues if leased at or around market rates. If the properties were placed in an enterprise -like fund, the returns could be used to off s-et shortfalls in other enterprise funds instead of turning to ad valorem revenue to cover the negative balance, or any other purpose Council thinks fit. Certainly, there are tenants who do perform a viable municipal -like service, but there should be a test for all tenants to measure the actual public value of that service. Prior to submitting any lease renewals or new leases for consideration, staff believes that the City Council needs to provide policy direction on this matter. C.nnclncinn Staff respectfully requests that the City Council schedule a workshop in the immediate future in order to discuss this concept.  3F< pig ..... . .. iIJ RR [# Vk w7 w Street Vet T0' I o• eE:fe" i':.t€t:.> 4 :,.; >....: >:;:.; s::' >t:;,. ;>: yy ry, ot G., n wt wb:. . w s. n.. ,... , n 4. 3'°$ x..:.. >  opt1+ years t`elleVV1 Cellular South Real Estate 5 Hollywood Blvd. Cellular Original lease $ 24, 000 per year in equal Police Station communications 6/ 30/ 02 to 6/ 30/07 monthly installments Monopole with 3 5 -year options Option beginning 6/ 30/ 07 to 6/ 30/ 12 Cellular South Real Estate 1986 Lewis Turner Cellular Original lease 24, 000 per year, adjusted Blvd, Fire Station communications 6/ 26/ 01 to 6/ 26/ 04 annually II with 4 3 -year options Option to extended a reement to 6/ 26/ 16. hu r~h of Jo0 . Ch.A t 329 Lake I r v Park g f r© 25 years b gtnn g 14 r r 1 afL day Sris leased address c rrwatpial facilities 10f1191 toil -+,. ' flgdv 14gw r+ii 339 Lake I ny : fbr c)huiroh no options to C)hunch adeS Cumulus Broadcasting 225 NW Radio broadcasting 1/ 1/ 2000 to 12/ 31/ 29 9, 992. 40 plus taxes Hollywood Blvd. beginning 1/ 1/ 2000) Annual base rent increase by the CPI (beginning 1 / 1 / 01), Annual base rent determined by Fair Market Rent (beginning 1/ 1/ 15) Annual base rent increase by lesser of 5% of CPI beginning 1/ 1/ 16  CITY COUNCIL MEETING April 14, 2009 Discussion - Direction - Action Reappointment of Robert Mearns as Acting City Manager for an additional 90 day term 14.3 Agenda Item Number:  Page 1 of 1 Mark Wiltsie From: Toni Craig [tonicraig@cox. net] Sent: Thursday, April 02, 2009 1: 26 PM To: Mark Wbie Subject: Meams Renewal Memo My revised recommendation language. Thank you. Toni L. Craig Attorney at Law Fla Bar No 115444 850) 243 -6969 4/ 2/ 2009  CITY OF FORT WALTON BEACH, FLORIDA MEMORANDUM DATE: March 31, 2009 TO: Robert T. Mearns, Acting City Manager FROM: Mark Wiltsie, Administrative Services Director SUBJECT: Renewal of Agreement for Services Backiround: At the regular meeting on January 13, 2009, City Council appointed Robert T. Mearns as the Acting City Manager to fulfill the duties of City Manager until such time as a replacement for former City Manager Joyce Shanahan is secured. The Agreement for Services ( copy attached) executed as a result of this appointment states in part: The Acting City Manager shall serve at the pleasure of the City Council for a temporary time not to exceed ninety ( 90) days from the date of this agreement. At least fifteen ( 15) days before the expiration of this initial appointment term, the City Council shall give notice to the Acting City Manager of its intent to reappoint him for an additional and final ninety day term. If the Acting City Manager is reappointed, that final term shall expire one hundred and eighty days from the date of this Agreement ". Discussion: Based on the above language, staff calculates the ninety ( 90) day period to expire on April 16, 2009. Therefore, because the April 14, 2009, regular meeting is the only City Council meeting immediately prior to the expiration of the initial term, it is being submitted for consideration at this time. It should be noted that Mr. Mearns elected to discontinue the auto allowance identified in the Agreement for Services almost immediately after his initial appointment as Acting City Manager. Therefore, the re- appointment and continuation of the Agreement should reflect that change. Recommendation: Staff respectfully requests City Council approval for the reappointment of Robert T. Mearns as Acting City Manager for a final term to expire one hundred and eighty days from January 13, 2009, or until such time as City Council secures a City Manager whichever occurs first and discontinuing the auto allowance. Submitted by: Mark Wiltsie Administrative Services Director Reviewed for Agenda: y7 4 obert T. Mearns Acting City Manager  AREENWENT FOR SERVICES between City of Fart Walton Beae14 Florida and Robert T. Mearans This Agreetnent is made as of 16 January 2009, between. the City of Fort Walton Beac%,. Florida, a Florida municipal eMoration (" City") and Robert T. Mearn " Acting City Manager"). I Duties Tide City desires to retain the temporary services of Robert T. l earns as Aug City anaW of the City of Fort. Walton Beat4 Florida„ to perform such duties and assume such msponsibilities as am established by section 13 of the City Charter and as directed by the City council. 2. Acting City Manager' s Devotion of Time le Acting City Manager WWI, devote his ftdl time and attention to the business of the City and to the fw.eraance ofthe Ci "' s best interem, and shall faithfully and diligently perfDnn his duties and obligations under this Agreement. 3. Term. The Acting City Maier sal serve at the pleasure of the city Council for a temporary time not to exceed ninety ) days from the date of this agreements At leapt been ( 15) days before the expiration. of this initial appointment term, the City Council shall give notice to the Acting City Manager of its intent to,are apoint him for an additional and final ninety -day tenn. If the Acting City Manager is reappointed, dw fmal term shall expire one hunch and eighty clays from the date of this Agreement. 4. Termination; Resignation 11is Agreement may be terminated at any time by the City, with or without cause. The Aug city llex may resign firom this appointment at any time by 8iv the City written notice of his resignation no less & an seven (7) days prior to the date of resignation. 5. Compensation The City shall pay compensation to the A t City Manager in the follovvir manner: a. The Acting City Manager shall be paid a base salary of $8, 010 per month with hourly rate calculated by annuali monthly] ary divided. by work flours year. 8,O X 12 = $ 96,0113 : 2,080 = $ 46. 1538 per hour) . Such salary shall be paid bi-weekly subject to such deductions and withholdings as are required by law or by the City's policies and procedures. b. Auto Allowance - $100 per rgonth C. Phone _ City issued cell phone 6. DbablUty Ia espacity If the Acting City Manager is permanently disabled or otherwise incapacitated or unable to perform his duties because of siclmess, accident,, ** my, mental incapacity, or other causes for mom than seven ( consecutive clays or for more than ten ( 10) days in a thirty (30) day period, this Agreement shall. terminate. 7. Venue This Agreement shall be