MINUTES

SHALIMAR TOWN COMMISSION

TUESDAY, JANUARY 12, 1999

Mayor Pro Tem Tom Callen called the regular Town Commission meeting to order on Tuesday, January 12, 1999 at 6:05 p.m. at Town Hall Chambers. He led the Pledge of Allegiance to the Flag.

ROLL CALL FOR THE RECORD:

MAYOR PRO TEM TOM CALLEN - present
COMMISSIONER GEORGE WILKINSON - present
COMMISSIONER GENE BROWN - present
COMMISSIONER GARY COMBS - present
MAYOR HARRY MONTAGUE - absent, on vacation
 

OTHERS ATTENDING: Tom Thornton, Elaine Tucker, Leonard Sullivan, Roy Pimental, Merritt McEvoy, D. J. Watkins, Patty Culjak, Michael Culjak, and Brad Davis.

FROM PLANNING & ZONING BOARD

OATH OF OFFICE TO PATRICIA CULJAK - Attorney Mike Chesser gave the oath of office to Patricia Culjak, newly appointed member to the Planning and Zoning Board.

OLD BUSINESS:

I.  APPROVAL OF TOWN COMMISSION REGULAR MINUTES OF DEC 8, 1998- Comm. Combs moved to approve the minutes of the regular Dec. 8, 1998 meeting as written. It was seconded by Comm. Brown and passed unanimously.

II.  CDBG STATUS - Comm. Callen met with Engineer Monty Jackson. He had thought that Snug Harbour would be the first section to be started under the CDBG grant, but saw that Shalimar Drive was started first. Mr. Jackson said that there was a delay with the underground utilities identification, so they started work on the drainage holding pond. Work on Snug Harbour should be started next week.

III.  COURT CASES - Attorney Chesser said the Town did not have any law suits in the recently, but now the Town has three.

  A.  RACETRAC - Mr. Chesser hopes that once Racetrac opens its doors and sees that it can live without a big sign maybe they can be persuaded to do without it. Comm. Combs said that right now they have a lot of signs on their property which are not permitted. Comm. Callen said they are not open because currently they have a conflict with the DEP about their tanks. Comm. Wilkinson has heard that the grand opening would be held either Monday or Tuesday. Comm. Brown said that the sign was supposed to be 16x30 feet, too large for Shalimar. He said that the larger signs are less attractive, and this one would look like railroad trestles in the air.

  B.  COMO/SHALIMAR YACHT BASIN - Mr. Chesser said an answer has been filed with a motion to dismiss. It will be before the Judge probably in about 60 days.

  C.  T-SQUARE OF SHALIMAR INC - A suit by T-Square has just been filed.

CHANGE OF AGENDA - Mayor Pro Tem Callen said he wanted a change of the agenda and give citizens of the Mande/Brande Court area time to speak on three items: plant screens and fencing; drainage; and the proposed lighted gazebo. Callen said that the builder has put in several 25-30 foot trees. The builder has also ordered hurricane type awnings to prevent people from looking into residents= yards and windows. Resident Patti Culjak said she had walked the whole commercial property and it looks good. About the windows she said that the members of the Homeowners Association took a poll about the windows of the Meigs Executive Offices and came to the decision that the Bermuda shutters sounded very appropriate and that it was a good compromise. As far as drainage was concerned Mrs. Culjak said that the area did not have any flooding till March, when the developer started to build on the property. The elevation of the new property needs to be looked at if it was raised to accommodate the buildings and the run-off now goes into the residential properties.

Attorney Chesser said that we are looking for a problem to get fixed. Can the Town become involved, he asked? Yes. The engineer needs to be asked whether the Town made a mistake. The possibility may exist that swales need to be established. Mr. Mike Culjak asked whether there is any house in their area that has a swale; and if not, where does the error lie? When he bought the property nothing in the paperwork indicated a swale. He asked whether additional drains could be put in, and for the town to hold the developer to his word. Attorney Chesser said that a part of the problem is that the property is almost flat which makes drainage difficult. If the developer said he was going to do something about it, it is not a contractual agreement to which we can hold him.

Comm. Brown said any new building, any newly developed area, has to take care of its own drainage.  Mr. Chesser said that the upland property always spills on the lower property, that is the natural drainage of the area. Builders are creating much more run-off by covering the land with 70-80% asphalt. The swales in this regard could be made deeper and wider.

Mr. Culjak said that if the engineer would have drilled more than 30 inches he would have found hard pan. Mr. Tom Thornton said that his engineers drilled at four different locations and the drilling results are available if we wanted it. Mayor Pro Tem Callen suggested to get the Town Engineer and the engineers of the two projects (T-Square and Meigs Executive Offices) together to come up with an assessment of the situation. If new drains are being put in, that water has to go somewhere, too.

The next issue was the light at the pavilion. Mrs. Culjak thought that the light would attract all the neighborhood bugs. But Comm. Callen said that Mr. Bonezzi donated the pavilion and will pay for the light. If the pavilion is lighted it might prevent young people from congregating there or doing things worse than that. He said that once the park is established that residents cannot dump their yard cuttings over the fence any more.

IV.  ELECTION QUALIFICATIONS - Mrs. Wilkinson said that the position of Mayor and the positions of commissioners 2 and 4 are up for election. They are elected by plurality. If there is a tie for the mayor=s position, a run-off has to be held within 14 days. Elections will be held here at Town Hall Chambers on March 9 from 7 a.m. to 7 p.m. This will be on the regular meeting night and the meeting will have to be started later or on a different date. This will be decided at the next meeting. 

V.  P & Z AUTHORITY - Comm. Combs would like to give the Planning and Zoning Board more authority. If the P & Z for instance approves a residential variance that should be the end of the line, he said. Only contested variances should be brought before the Town Commission. This would speed things up and would eliminate another full meeting for the resident. Attorney Chesser said that that would possibly create a civil enforcement board. Comm. Brown said that he is concerned because the Commission acts as a second check. Any case that has any controversy needs to be heard by the Commission. Comm. Combs moved to approve to give P & Z full authority in residential issues. It did not pass due to lack of a second.

VI.  FMPTF COSTS AND URGENT ACTION NEEDED -

  1.  LETTER FROM REP JERRY MELVIN - Letters were produced for Commissioners Callen, Combs and Brown for signature to go to FL Representative, Senator Clary and Childers, and Gov Bush.

VII.  LETTER FROM FREEPORT MAYOR - This was a thank-you from the Mayor of Freeport for the donation of the Town's old Christmas decorations. They could use them.

VIII.  TRIM CERTIFICATION - This is for the record. The Town received full certification.

IX.  HAZARD MITIGATION APPROVAL - Comm. Combs moved to approve the hazard mitigation plan task order # 10. It was seconded by Comm. Brown and passed unanimously.

NEW BUSINESS:

I.  REQUEST BY EDC FOR SAMPLE RESOLUTION - OKALOOSA COUNTY MILITARY DEVELOPMENT TASK FORCE - Comm. Brown moved to approve Resolution 99-03 in support of Okaloosa County Military Development Task Force. It was seconded by Comm. Wilkinson and passed unanimously.

II.  REQUEST BY POLICE FOR POLICY MANUAL REVIEW OF COMP TIME/REGULAR DAY OFF CLARIFICATION - Comm. Combs said that currently the Shalimar Personnel Policy does not cover comp. time and the Chief would like to give comp. time to his officers. Comm. Combs will write down a paragraph and give it to the Attorney to study it. Mr. Chesser said he will compare it to the Fair Labor Act. about comp. time.

III.  FMPTF TRUSTEE - Mayor Pro Tem Callen was looking for a volunteer to be nominated for the Board in Tallahassee. It would involve about four meetings. No volunteers came forward.

MAYOR PRO TEM CALLEN'S REPORT:

COMMISSIONER WILKINSON'S REPORT:

COMMISSIONER BROWN'S REPORT:

COMMISSIONER COMBS' REPORT:

ADMINISTRATIVE OFFICIAL'S REPORT:

POLICE CHIEF'S REPORT:  The report, as attached was given by Sgt. Loafman.

ANNOUNCEMENTS:

ADJOURNMENT:  Comm. Combs moved to adjourn the meeting at 7:42 p.m. It was seconded by Comm. Brown and passed unanimously.