MINUTES
SHALIMAR TOWN COMMISSION
MAY 11, 1999
Mayor Gary Combs called the regular Town Commission meeting to order at 6 p.m. on May 11, 1999 in Shalimar Town Hall. He also led the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE RECORD:
Mayor Gary Combs - present
Comm. Gene Brown - absent
Comm. Tom Callen - present
Comm. John Henderson - absent
Comm. Elaine Tucker - present
Others present were Chief John Blackburn, Deputy Clerk Nell Webb,
Secretary Ursel Behnken and those on the attached sign-in roster.
RECOMMENDATIONS FROM P & Z:
REQUEST BY BOB BONEZZI DEVELOPMENT AND DAVID CAMPBELL FOR
CONSIDERATION OF PRELIMINARY DEVELOPMENT ORDER FOR VACANT PARCEL BESIDE THE DIXIE
DINER AND BEHIND SPIFFY LUBE FRONTING EGLIN PARKWAY -
David Campbell, engineer for
Bonezzi Development, said that going through the TRC and P & Z meetings most
of the items questioned by the Town have already been taken into consideration;
i.e. the 30 ft. setback; the 8-ft. privacy fence; the location of the joint access
drive; entrance moved to the new parcel as a shared access; reconfigured drainage
and retention; 2-ft. berm toward the residents. Mr. Bonezzi said that their survey
showed that the Brande Court cul-de-sac, fence and sidewalk.(about 2-3 feet) is
encroaching on their property. But Mr. Bonezzi said he was amenable to work out
something. Concerning drainage he said that there was ample volume in the underground
exfiltration system. He likes this system better because trees are not disturbed as
much be the digging. The buildings will look like a small residential office
complex to be compatible with the neighborhood. The contract for sale has been
closed but has not been signed. This is just a matter of time. Mrs. Wilkinson said,
she needs the proof of ownership prior to any building permit being issued. The
question was raised whether the 2-way entry could be widened. Mr. Campbell said
it could be widened to 36 ft., safety would demand a 2-car width which would make
it 24 ft. Mrs. Wick said that several parking spaces on the drawing adjacent to
the Diner are not numbered and was told that the intention was to show that these
would be for the bank, but they are all included in the computation of
pervious/impervious ratio. Comm. Callen moved to approve the Park Place
project with the conditions set forth by the Planning and Zoning Board. It was
seconded by Comm. Tucker and passed 3-0.
Mr. Campbell said the plans have not been submitted to the County because
he would like to have all the paperwork in hand before he goes there. That would
also give everybody the same plans. Mrs. Wilkinson said that she never issues the
final document until the county has okayed the plans. Substantial changes could be
the parking and the drainage swales. Mr. Campbell said they would create invisible
drainage fields under the parking area, like a leach field, to prevent flooding
the neighbors. Another form needed is the contract for the shared property.
Mrs. Culjak said that the plans seemed like the road to the offices is cutting
into the 10 ft. buffer. Comm. Tucker explained that originally they were close to
the fence but it was moved out. In completing the discussion the following
items need to be included:
1. Drainage to be approved by town's engineer
2. Sidewalk encroachment has to be cleared
3. Driveway entrance be widened by 3 ft.
4. Shared access contract
5. Signed sales contract for property
Any new items coming in from Bonezzi Development will be dated and checked
off a check list. Mrs. Wick asked whether the lights could be lower wattage.
She thinks 100 watt is too bright. Mr. Bonezzi said he will check into it.
OLD BUSINESS
I. APPROVAL OF MINUTES OF THE APRIL 13, 1999 TOWN COMMISSION MEETING -
Comm. Callen moved to approved the minutes from the April 13 regular Town Commission
meeting. It was seconded by Comm. Tucker and passed unanimously.
II. APPROVAL OF MINUTES OF THE APRIL 27, 1999 TECHNICAL REVIEW COMMITTEE MEETING -
Comm. Tucker moved to approve the minutes of the Technical Review Committee
of April 27, 1999. It was seconded by Comm. Callen and passed unanimously.
III. APPROVAL OF THE MINUTES OF THE SPECIAL CALLED MEETING WORKSHOP OF THE APRIL
27, 1999 - Comm. Callen moved to approve the minutes of the Special
Called Meeting - Workshop of April 27, 1999. It was seconded by Comm. Tucker
and passed unanimously.
IV. STATUS OF LAW SUITS - Mr. Chesser said work on the law suits is tedious.
A. T-SQUARE - There has been no decision made and no date set said Mr. Chesser.
These cases go before the Judge at unpredictable times and usually late.
Mr. Thornton from T-Square proposed to put in extra storm water retention if the
Town would grant him the old road cut.(in only) Mr. Chesser said in order to do
that he should come back next time with a gentleman proposal
B. COMO MARINA - The owners were supposed to do the road, according to the
Development Order but they have not. Then the Town received a grant from the
State to do the road. If the Town would get money from Como for the road the
State would not be happy with that. Mr. Chesser asked, would the Town send the
money back to the State? He said we still can settle this case through the courts,
by including engineering costs and the Town's frustrations.
Comm. Combs said he would like the Commission's approval to work with Como on this.
Comm. Callen moved to empower the Mayor to accept a settlement with Como
Marina. It was seconded by Comm. Tucker and passed with a 3-0 vote.
C. RACETRAC - There are several issues regarding Racetrac said Mr. Chesser.
Jean Wilkinson measured 140 ft. on Eglin, 380 ft. on 6th Street
plus 200 ft. on Second Street, almost 800 lineal feet. She allowed a large sign
for Racetrac based on these numbers. Comm. Wilkinson appealed this saying that
frontage means the building facing the main road. Mr. Chesser said the Ordinance is
poorly drawn and can be read many ways, but the pattern of reading is the
consistency. The points he stressed included:
1.Aggregation - ambiguous
2.One-sided or two-sided for measuring total square footage
a - double display
b - surface area - total area
3. Frontage - what if they sell the back lot, so frontage on three sides seems
ridiculous.
Mr. Chesser said that Racetrac is not interested in mediation because they got
more than they were allowed in the first place. He would like to redraw the sign
ordinance to make the issue of frontage clearer, but he wants to hold it until after
the lawsuit is settled. Mayor Combs read a letter into the record that he wanted the
attorney to send to Racetrac.
Mrs. Culjak suggested to take pictures periodically to have as evidence.
Mr. Chesser does not know what is going to happen.
D. MARK FORTUNE - The property in question was developed by Mr. Hutchison.
There were five lots which were never developed. When the Town together
with the County started on the Old Ferry Road drainage project it was decided
to pave Petit Court. A 10-foot easement between two lots was used for an
underground drainage pipe. The County needed that easement, but did not realize
that Mr. Hutchison had sold one lot without the easement. Mr. Fortune now
demands $100,000 for depreciation on his lot and says we did not have to pave
the road. The property is in Okaloosa County not in the Town, although the Old
Ferry Road area receives drainage water from everywhere (County). Mr. Chesser has
contacted Attorney John Dowd (Okaloosa County) and asked him to file an answer and
solve the problem with Mr. Fortune. Mr. Chesser is also defending Coastal Materials,
the builder, in this matter. He said the Town has a right to say that we need a
different lawyer, since the builder is also his client.
V. ANNEXATION - FIRST READING OF ORDINANCE NO. 99-06 - The title of the Ordinance
was read. Comm. Tucker moved to rewrite the ordinance to include the
P & Z review. The next reading would be the first reading.
It was seconded by Comm. Callen and passed by a 3-0 vote.
VI. RESIDENTS' RESPONSE ON LIBRARY SURVEY - The Mayor asked the office to write a
letter to Mrs. Debbie Marrs and tell her that the citizens of Shalimar are not in
favor of joining the County Public Library Cooperative. The resident survey is
attached.
VII. STATUS OF CDBG - STORM WATER MANAGEMENT - Construction is ongoing.
Completion day is Friday. They missed the deadline by one week. They have broken 8 pumps in 4 days. The lack of pumps was the cause for the delay. The Town is also locating a different pump for the fountain. It is believed that 18 ft. in the air is too high, it might go on the nearest house during high wind. Fifteen ft. seems to be high enough. There is also a problem with the lighting poles because the company went out of business. The fence is also going to be changed from white to green. Mayor Combs would like to have permission to negotiate with the builder to resolve the problem. He feels that he could services in kind such as paving of Snug Harbour etc. Maintenance
Supervisor Jeff Dowda said that an inlet was removed because it washed out. He said that originally the water was supposed to be only 4 ft. deep but he thinks it is now more than 6 ft. Comm. Tucker moved to give the Mayor permission to negotiate with the builder as long as it is understood that April 17 was the day of conclusion. It was seconded by Comm. Callen and it passed by a 3-0 vote.
NEW BUSINESS:
I. RESIDENTS TIME FOR QUESTIONS/REMARKS -
Mr. Jerry McAllister, 863 Mande Court, said that the Meigs Plaza has 8 ft.
fence all around except for a short piece on his side. He was told that as soon as
the carpentry man at Antonio's is finished with his work there, he'll do the fence
at the park.
II. COMMISSIONER RESPONSIBILITIES: Attorney Chesser said that jobs on the Commission should be properly
allocated: Elaine Tucker for finance & administration etc.
He said that over the years maybe things have gotten informal,
records were missing, plats wandered in and out; but the statutes are not informal a
nd not lax. There should be a clear line of record of who is responsible in Town Hall.
Comm. Tucker said there is no record of who has keys for the office.
She would like a form filled out on who has keys for what. Mr. Chesser said
he wants to make sure that Comm. Tucker is told by the Commission that she has
the power to do what she is doing. Although it has been done already by the power
of the Mayor who appointed her, for the record Mr. Chesser said that the
Police Commissioner John Henderson is the boss of the Police Department;
Comm. Callen, Roads and Grounds Commissioner, has Jeff working under him;
Gene Brown, Parks and Special Services, is also partially the boss of Jeff; and
Comm. Tucker is boss of the office. Comm. Callen moved to approve the
delegation of authority with Jeff Dowda having 2 supervisors. It
was seconded by Comm. Tucker and passed with a 3-0 vote.
III. ADVERTISING IN QUALITY CITIES MAGAZINE - The Commission did not want to
advertise in the Quality Cities as it really does not do anything for the Town.
IV. ACCESS MANAGEMENT - MPO REQUEST - This item is based on information from Walton
County.
IV. NEW TELEPHONE SYSTEM IN POLICE OFFICE - James Jones gave a short briefing on
the new telephone system for the Police Office. It was suggested that Mr. Jones get all
the information to Chief Blackburn before the budget review cycle in July when
this project can be discussed.
V. PROCLAMATION FOR FIBROMYALGIA AWARENESS DAY - Comm. Callen
moved to approve the proclamation if written similar to last year. It was seconded by Comm. Tucker and passed unanimously.
MAYOR'S REPORT:
I. OKALOOSA COUNTY LEAGUE OF CITIES EXECUTIVE BOARD MEETING -
II. PANHANDLE LEAGUE OF CITIES - BAY POINT MARIOTTE, PANAMA CITY - 6.4.99 -
Deadline for reservations is Friday,
May 14. Keynote speaker is Jeb Bush. The other commissioners
(Gene Brown and John Henderson) need to be called.
III. STATUS OF GARBAGE CONTRACT - The contract was signed by the Mayor. Mr. Loveland
will pick it up and co-sign. The port-a-potty is included for free. A schedule was
included and the earliest pick-up time of 7 a.m. was noted. Palm Shores had some
damage from the trucks. The company will take care of it.
IV. OFFICE/PERSONNEL POLICIES - The Mayor would like to draft up new office
policies. Some items need to be added. Right now there are Office Policies,
Financial Policies and Personnel Policies.
V. CODE ENFORCEMENT - Mayor Combs would like for P & Z to have authority to
give final approval on residential permitting and minor construction, major
constructions still have to go to Town Commission. P & Z will have to look
at the by-laws and the code and make recommendations on how it could work.
Comm. Tucker made a motion to write a letter to P & Z Chairman Eddie
Phillips asking him to rewrite their ordinances and by-laws and grant themselves
the power to decide on projects and resubmit it to Town Commission. It was seconded
by Comm. Callen and passed by a 3-0 vote.
Mayor Combs asked to instruct Mrs. Wilkinson not to ride through Town to find
things in code violation. Instead she was told to only enforce things somebody
points out to her. The Police have the responsibility to do code enforcement,
if there is a true violation.
VI. COX COMMUNICATION MEETING - The Mayor said it was a good meeting. He said the
Town could audit their records to get a better overview of the franchise fee.
The Town has a none-binding contract with Cox. Valparaiso has a better system.
COMM. TUCKERS REPORT:
I. FINANCIAL REPORT - We are staying within the budget except for the legal
expenses, said Comm. Tucker.
II. BUDGET REVIEW DATE IN JULY - The Town has to wait for the new numbers
from the Tax Assessor's office and therefore the date will not be set until
after the next meeting. She would like for everyone to make a wish list to be
included in the budget. We also need a line item adjustment for the legal expenses.
III. STATEWIDE MUTUAL AID AGREEMENT REVIEW - Mayor Montague signed this agreement.
In a disaster area municipalities agreed to help each other out with equipment,
labor, cost etc. FEMA will recognize it. There is also no problem with the
modification. Comm. Callen moved to execute Modification # 1 to Statewide
Mutual Aid Agreement. It was seconded by Comm. Tucker and carried.
COMM. CALLENS REPORT:
I. TOWN HALL REMODELING - The data will be included in the grant. The Town had to
pay $500 for the drawing by Mr. Gaines who did the Town a favor. The salesman from
Marble Works said he will donate the shower, sink and other fixtures. The No. 1
priority is to make the bathroom ADA accessible. This will be a standing item.
II. SURPLUS ITEMS - Jeff Dowda made up a list of obsolete items like a civil defense
radio. Comm. Callen moved to declare the surplus and dispose of it. It was
seconded by Comm. Tucker and it passed by a 3-0 vote.
III. TRUCK BID - The Town received two bids One from Jeff Davis in Niceville, bidding
$501 and another from Dean Wilson, also $501. Comm. Callen was asked to call both individuals and ask them to make a new bid and
then go for the highest bid.
IV. SULLIVANS FENCE - Mr. and Mrs. Sullivan are pleased with the rebuilding of
their fence and thanked Jeff Dowda and Tom Burns for their work.
Mrs. Culjak wanted to give special thanks to Jeff because he came up with
the idea.
COMM. HENDERSONS REPORT: - not present
COMM. BROWNS REPORT:
I. STATUS OF PARK PROJECTS - not present
ADMIN OFFICIAL'S REPORT: Mrs. Wilkinson not present
I. CONSTRUCTION REPORT - as per attached copy.
II. FIRM MAP LETTER - Deadline for the appeal is June 21, 1999
CHIEF BLACKBURNS REPORT:
I. ACCIDENT REPORT as per attached copy.
ANNOUNCEMENTS:
I. Jeff Dowda said he foresees problems at Old Ferry Road at the outlet box.
The box is either too small or the back flow ring is not compatible. Comm.
Callen said he will get together with Jeff and Engineer Mike Thomas to
look at it.
ADJOURNMENT:
Comm. Callen moved to adjourn the meeting at 9:10 p.m.
It was seconded by Comm. Tucker and passed unanimously.
Mayor Gary Combs
ATTEST:
Nell Webb, Clerk