MINUTES
SHALIMAR TOWN COMMISSION
TUESDAY APRIL 13, 1999
The regular Town Commission meeting was called to order by Mayor Pro Tem Tom Callen at 6 p.m. on Tuesday, April 13,1999 at Town Hall Chambers.
Mayor Pro Tem Callen led the Pledge of Allegiance to the Flag.
Town Attorney Mike Chesser gave the Oath of Office to the New Commission:
Attorney Mike Chesser reviewed portions of The Sunshine Law and interpretations about such for the Commission.
ROLL CALL FOR THE RECORD:
Mayor Gary Combs - present
Commissioner Tom Callen - present
Commissioner Gene Brown - present
Commissioner John Henderson - present
Commissioner Elaine Tucker - present
Others present were Jean Wilkinson, Town Clerk; John Blackburn, Chief of Police; Mike Chesser, Town Attorney; Nell Webb, Deputy Clerk; Ursel Behnken, Secretary; Jeff Dowda, Maintenance Supervisor; and those on the attached sign-in sheet.
Mayor Combs read a note received from former Mayor Harry Montague, and cards of thanks from former Commissioner George Wilkinson. He also introduced visiting Boy Scouts from Troop 529 BSA of the Shalimar United Methodist Church.
P & Z RECOMMENDATION:
I. VARIANCE REQUEST FROM DON & KAREN HUTSON -911 SUNSET BAY -This was approved by the Town. Comm. Callen moved to approve the Planning and Zoning recommendation of a 10 ft. variance from water side for a dock. It was seconded by Comm. Tucker and passed unanimously. Attached is a letter dated April 1,1999 from Don and Karen Hutson.
II. ADDITION TO DOCK FOR PALM SHORES HOMEOWNERS ASSOCIATION -DECKS AND SUCH - REQUEST WITHDRAWN.
III. DOCK ADDITION FOR MR & MRS. DON BROWN -907 SUNSET BAY was approved by the Town with contingency that no permit be issued from the Town until the DEP and Corps letters are received. Comm. Tucker moved to accept the Planning and Zoning Board recommendation to widen the dock bv 6 ft. to ramp down to dock eliminating steps: and add 16 ft. to the length of the dock. It was seconded bv Comm. Henderson and passed unanimously.
III. A REQUEST FOR TOWN TO ASSIST WIIH STORM DRAINAGE PROJECT BEING MOVED - FENCE - Mayor Combs responded by e-mail to an e-mail received from Leonard Sullivan. Mr. Sullivan ask the Town to reconsider the decision to connect the drainage culvert on Mande Ct. The original plan was to run the pipe through a vacant lot. The new decision calls for pipes to run between Mr. Sullivan's property and the property of Clifford Meigs and will require the fence on Mr. Sullivan's property to be removed. Comm. Callen explained the move of the pipes for the storm drainage was in the best interest of the residents. Concrete pipe is heavier and was chosen instead of the lighter PVC to prevent it from floating in high water levels. Jeff Dowda, Town Maintenance Supervisor will remove and replace the fence to the best possible condition. The Sullivan's will be given sufficient notice when the fence will need to come down via notification from the Town Clerk.
OLD BUSINESS:
I. APPROVAL OF MINUTES FROM TOWN COMMISSION MEETING OF MARCH 8,1999 - contingent upon amendment of item #2 of NEW BUSINESS (Comm. Wilkinson moved to disapprove the request to buy a plain paper FAX) and drop the entire last paragraph on page 3 of 5 under item VII. Comm. Callen moved to approve the minutes of the Mar. 8, 1999 Town Commission meeting with the amendments. It was seconded by Comm. Henderson and passed unanimously.
III. COUNTY LIBRARY CO-OP COORDINATOR PRESENTATION: Mrs. Debbie Marrs gave a presentation to request the Town Commission join the Co-op. This would cost $6.59 per person or approximately $4280 annually. Comm. Callen moved to put a survey in our "Tidbits" to get response from the citizens of Shalimar. It was seconded by Comm. Brown and passed unanimously. Commissioner Callen will write the survey item for the Tidbits.
IV. WASTE BIDS EVALUATIONS & RATINGS - Presentations were given by Rory Cassedy of Waste Management and K.L Loveland of Gulf Coast Waste Services. Votes were made by a point system by the Commission. The tally was Gulf Coast Waste Services 101 and Waste Management 70. Comm. Tucker moved the contract be accepted with amendments of a time schedule to be inserted. It was seconded by Comm. Callen. Comm Callen moved Mayor Combs be permitted to sign the contract with the amendments. It was seconded by Comm. Brown and passed unanimously. A contract is to be drafted by the Town Clerk with amendments. Arrangements are to be made to finalize the contract.
V. CDBG STATUS - CHANGE ORDER - Mayor Combs and Mike Thomas from BCM Engineers explained change order number two (2), in the amount of $12,318.OO submitted by BCM Engineers for Construction Services. Comm. Callen moved to approve the change order as written with the amendment of a deadline of (14) fourteen days instead of (17) seventeen days. It was seconded by Comm. Tucker and passed unanimously. This is to be done ASAP.
VI. LEGAL STATUS OF LAW SUITS - ATTORNEY CHESSER
COMO MARINA: The road improvements have not been done. Attorney Chesser asked Town Engineer Mike Thomas of BCM to look at the development order to see what is not been done and advise him of his findings. It is likely that we will go to court within 120 days.
RACETRAC PETROLEUM INC.: Mayor Combs and Attorney Mike Chesser if he had sent a letter to the RaceTrac Attorney Rick Peterman stating the sign violations. Attorney Chesser said he thought the letter had been mailed, and he would be sure Mayor Combs received a copy no later than April 14th. Attorney Chesser slated that this should go to court within 30 days. The Town Clerk is to send a copy of the letter to businesses in the Town or put an article in Tidbits concerning the Town's actions to require RaceTrac Petroleum, Inc. to comply with sign ordinances.
T-SQUARE OF SHALIMAR INC.: No Change.
VII. FLOC JOINT LEGISLATIVE POLICY - Comm. Callen moved that the Mayor write a letter saying that the Town of Shalimar support's FLOC Joint Legislative Policy. It was seconded bv Comm. Tucker and passed unanimously.
VIII. STATUS OF T SQUARE DEVELOPMENT ORDER - Certificate of Zoning Compliance Permit has been issued by the Administrative Official. The demolition permit will be issued upon proper paper work being received from the demolition contractor. The cut on Eglin Pkwy will be closed before the construction is permitted to start.
IX. ANNEXATION - COMMERCIAL - Mayor Combs asked for a motion to remove this from the table. Comm. Tucker moved to remove It from the table. Comm. Callen seconded it and passed unanimously. Comm. Callen moved to initiate the annexation process which requires an Ordinance with two readings. Comm. Brown seconded it and passed unanimously. The Town Clerk was instructed to provide a list of items not in compliance with town codes for which the property owner would need to address once annexed into the Town. The property is zoned commercial and is privately owned. The Comprehensive Plan will have to be amended
X. SIGN ORDINANCE - Mayor Combs provided the Commission with changes to previous prepared modification to Ordinance 97-06 (AN ORDINANCE PROHIBITING THE PLACEMENT OF POLITICAL SIGNS OR ADVERTISEMENT ON PUBLIC PROOPERTY IN TIIE TOWN OF SHALIMAR). The modification deleted the requirement for candidates to post a $100 deposit with the Town for display of signs on private residential property. The ordinance continues to prohibit any political sign on public property and requires approval by the property owner for signs on private property. Attorney Chesser had reviewed the modification and concurred with the changes. Comm. Henderson moved to adopt the amendments as 2nd reading. Commissioner Callen seconded it and Ordinance Amendment to 97-06 passed unanimously.
NEW BUSINESS:
I. Mayor Combs announced that in all future Town Commission Meetings residents would be permitted to briefly address the Commission on any relevant topics which are not scheduled items on the agenda. This comment time will be standing Agenda Item #1 under New Business. No one provided any comments during this meeting.
II. PAYMENT REQUEST FROM CONSTRUCTION SERVICES - Comm. Callen moved payment be made and Mayor Combs be authorized to sign. Comm. Henderson seconded it and passed unanimously. This was payment request number one (1) in the amount of $102,111.20.
III. RESOLUTION REQUEST FOR REGIONAL UTILITY AUTHORITY BOCC - Town Clerk will ask for a sample resolution.
IV. MODIFICATION OF STATEWIDE MUTUAL AID AGREEMNT - Was moved to next meeting as old business. The Staff will see that a copy of the whole document is in all Commissioners and the Mayor's boxes to be reviewed before next meeting.
V. REQUEST FROM COX COMMNNICATIONS FOR TRANSFER OF FRANCHISE AGREEMENT FROM TWC CABLE PARTNERS TO COX COMMNNICATIONS GULF COAST, LLC - Comm. Brown moved a letter be sent to Cox Communications requesting renegotiation of Town Franchise Agreement. It was seconded by Comm. Callen. The Town Clerk will send the letter.
VI. OKALOOSA COUNTY'S 1% SURTAX PROPOSAL - Okaloosa County Commissioners have requested the Town Commission support a referendum to continue the current 1% sales surtax to fund locally needed unfunded capital improvements. The current 1% sales surtax earmarked totally for County Public Schools capital improvements will end in 2000. Mayor Combs reported the Okaloosa County League of Cities (OCLOC) Executive Board will review the request and prepare a consolidated public statement of support or nonsupport for the County's request. Mayor Combs reported the OCLOC Executive Board would only support the referendum with an equal share of the revenues. Cities do not currently receive an equal per capita share of the .5% sales surtax (this sales tax is continual and in addition to the approved and proposed 1%). The Board may even consider proposing a lower .5% sales surtax provided the County equally shares the other existing local .5% sales surtax. The additional sales tax revenues would enable Shalimar to improve the Town Hall facility without borrowing money or raising Ad Valorem property taxes. Mayor Combs explained that the Town's Ad Valorem rate could even be reduced once the revenue is realized. Comm. Henderson moved Mayor Combs represent the Town of Shalimar with Okaloosa County League of Cities in this request. Comm. Tucker seconded it and passed unanimously.
VII. ASSIGNMENT OF DEPARTMENT HEADS - Mayor Combs appointed Commissioner Tom Callen as Commissioner of Streets and Roads; Commissioner Elaine Tucker as Commissioner of Finance and Administration; Commissioner Gene Brown as Commissioner of Special Projects and Parks; and Commissioner John Henderson as Commissioner of Police.
VIII. VOTING FOR MAYOR PRO TEM - Comm. Brown moved Commissioner Tom Callen be Mayor Pro Tem. Comm. Henderson seconded it and passed unanimously.
MAYOR COMB'S REPORT:
I. CRESTVIEW "2000 Millenium Celebration" TOWN REPRESENTATIVE - Commissioner Gene Brown volunteered to represent the Town of Shalimar. Town Clerk Jean Wilkinson was instructed to write a letter to Crestview Mayor Whitehurst identifying Commissioner Gene Brown as Shalimar representative to Year 2000 Millennium Celebration Planning committee.
II. FL LEGISLATURE AMENDED SECTION 163.3177(6Xa) FS TO REQUIRE Comprehensive Plan Amendment - Commissioner Elaine Tucker agreed to read this information and make a synopsis to report at the next Commission Meeting.
III. Mayor Combs ask each commissioner to read the P & Z By-laws, Resolution 97-03 and Ordinance 97-07 to determine if the P & Z Board is an advisory board only to the Commission. Mayor Combs also stated that he would like to take one ordinance a month to evaluate to see if it needs to be amended. He ask C ommissioner Tucker and Town Clerk Wilkinson to look at the office policies to determine which policies are in effect or need to be amended. The Commission was asked to review Office Policies dated March 1,1993, Amended September 14, 1993 and provide comments back to Commissioner Tucker.
COMMISSIONER BROWN'S REPORT:
I. SPRING CLEAN-UP MAY 1-10
II. PARK DEVELOPED BEHIND MEIGS EXECUTIVE PARK - Comm. Brown moved to name the park after former Mayor Harry Montaque. Comm. Tucker seconded it and passed unanimously.
III. STATUS OF MEIGS PARK - Commissioner Brown and Harry Montague will work together to see that the it is developed.
IV. STATUS OF CHEROKEE PARK - There has been $42,089.79 received and spent, with $2,960.21 remaining (not including a 10% retainer) until final completion and State inspection. Jeff Dowda, Maintenance Supervisor stated there needs to be another load of dolomite delivered. He was instructed to order it.
COMMISSIONER CALLEN'S REPORT: Commissioner Callen explained that the Town needed to have a Special Called Meeting to review monies budgeted to renovate Town Hall and develop a plan to start the renovations
I. Jeff Dowda had submitted cost on replacing the front door in the front office. This will be discussed in the Special Called Meeting on April 21 ,1999.
II. Town Clerk Jean Wilkinson was instructed to place legal ads for sealed bids on the surplus Toyota pickup truck and for the special called meeting ASAP.
COMMISSIONER HENDERSON'S REPORT: - Nothing to report.
COMMISSIONER TUCKER'S REPORT:
I. FINANCIAL REPORT - Solvent - Schedule budget review workshop for June.
ADMINISTRATIVE OFFICIAL WILKINSON'S REPORT:
I. CONSTRUCTION - Write a letter to Okaloosa County and have Commissioner Tucker approve it to authorize payment of $750.00 to BCM Engineers, Inc. for services provided in conjunction with the Local Mitigation Strategy.
II. FEDERAL INSURANCE MAP - A response letter is to be written by the Town Clerk to the Federal Emergency Management opposing the current flood map. It is to be approved by Commissioner Tucker. The 90 days deadline is to be determined.
CHIEF BLACKBURN'S REPORT: - Attached.
ANNOUNCEMENTS:
1. WEDNESDAY, APRIL 7, FEMA & LOCAL MITAGATION STRATEGY (LMS) AT PENSACOLA CITY HALL 9-5. - ADMIN.
2. FRIDAY, APRIL 9, LMS AT OC.& S - ADMIN.
3. TUESDAY, APRIL 13, LMS AT OC.& S - ADMIN.
4. WEDNESDAY, APRIL 14, FLORIDA LEAGUE OF CITIES LEGISLATIVE ACTION DAY -Tallahassee
5. THURSDAY, APRIL 15, PANHNDLE LEAGUE OF CITIES, NICEVILLE 5:00 P.M. NICEVILJE COMMUNITY CENTER
6. WEDNESDAY, APRIL 21, SECRETARY'S DAY
7. WEDNESDAY, MAY 5, P & Z BOARD MEETING AT 6:00 P.M.
8. TUESDAY, MAY 11, TOWN COMMISSION MEETING AT 6:00 P.M.
ADJOURNMENT: Comm. Brown moved to adjourn at 9:55 P.M.. It was seconded bv Comm. Tucker and passed unanimously.
ATIEST:
JEAN WILKINSON, Town Clerk