Fort Walton Beach Council minutes — 08-22-06 regular minutes — reading text

Fair Association for the past 25 was with the US years Dept of Forestry, not the City, and Ms. Gibson advised she was not aware of that. Glenda Glover, 115 Waynell Circle, advised when she was Mayor she attended Rigdon and other officials and there was a gentlemen' s meetings with Mr. Ms. Glover commented it is an agreement between the City and fair officials. av.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 and signed by her to when a letter was written Congressman Miller which stated the City Council agreed to Association to purchase both the softball partner with the Fair complex and fairground properties, and to acquire the fairground property and 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 the Fair Association is not approximately $20, 000. The City Manager explained that being required to put fire suppression in the buildings; however, required to light the exits and maintain the alarm they are systems, that the City cannot allow public assembly without a fire watch. As there was no one else who wished to speak, the l\ t1ayor 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. Discussion ensued regarding whether the abandonment Staff, with concurrence of Council, for a plan could be extended after January by City 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 agreement it was with or without cause and Council had the to do that under the license the agreement was right permit, and negotiated with several attorneys the representing fairgrounds. 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 of the Fair Association after termination date had been given to them under Section 11 B of the license agreement, which states: ' The abandonment plan I,,].,. ."., 7~~~ 1~~E~~~~! r:~:;~~:~ h~:~~~~~:~;~:~!~ n~~~: submitted to the City and will not be accepted or any action authorized until the City notifies Licensee in ... t:~: 1.," writing that the abandonment plan is sufficient.' 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 V\Ould 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 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 Attorney 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. a= S:~~~~ i~ O~~~~:~ ~,',:.".,.!,.,.', ..,..".,' ri: i~~~~~;~ i~~et~~~~~~~ i~~ a~ ti~~: ~ gare:~:~~~::~: n~~ ~ a~~~~ e~g ': 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 a misunderstandings when 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 other deliberation by this Council and it carried Agreement before any by a vote of 4 to 3 with Holmes, Campbell, Tucker, and Hartwell in favor and Patterson, Pullen, and Minich 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 of Fort Walton Beach for the King Farms and the City 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 impervious 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 funds are available. approved, sufficient 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