MINUTES
SHALIMAR TOWN COMMISSION
REGULAR MEETING
AUGUST 10, 1999
The regular Town Commission meeting was called to order by Mayor Gary Combs on Aug. 10, 1999 at 6 p.m. at Town Hall Chambers. He led the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE RECORD:Others present were Town Clerk Nell Webb, Ursel Behnken, Police Chief John Blackburn, Tom Thornton, Mrs. Laura Crouch and a visitor, Brent Wright and Theresa Norris from BCM Engineers, Bonnie Wick, and Johann Behnken
PLANNING & ZONING
I. PROGRESS REPORT OF BY-LAWS AND ORDINANCE REWRITE – Ursel Behnken said that according to Rudy Sutton the By-Laws do not have to be changed, only the Shalimar Code and the Land Development Code. The P & Z was asked to set a schedule to get that accomplished. II. STATUS OF P&Z RECOMMENDATIONS FOR LAURA CROUCH – P & Z had approved her request, since all prerequisites were fulfilled. Comm. Tucker moved to approve Mrs. Crouch’s request as approved at the P & Z meeting. It was seconded by Comm. Callen. Mrs. Bonnie Wick wanted to know what kind of enforcement the Town has, how would we know that Mrs. Crouch only has two persons per room. Mrs. Crouch said that P & Z had the same question. If she had more than four people our police would find out, she said. The police patrols her area 6-8 times a day. Comm. Brown said he was fundamentally against the idea. He would not like to have a boarding house next to him. Bonnie Wick said that Plew Avenue had enough bad press recently. When the house was sold to Mrs. Crouch it was sold to her with all the rules for a residential home. Comm. Tucker said that the Commission must decide what is best for the Town. She believes a boarding house is not an asset to Shalimar. Comm. Callen moved to table this issue until a Board of Adjustment meeting can be held. It was seconded by Comm. Henderson and passed unanimously. III.STATUS OF PARK PLACE/BONEZZI DEVELOPMENT
OLD BUSINESS:
I. APPROVAL OF THE MINUTES OF THE JULY 13, 1999 TC MEETING – Comm. Tucker moved to approve the minutes of the July 13, 1999 Town Commissione meeting as written. It was seconded by Comm. Callen and passed unanimously.II. LAW SUITS – ATTORNEY CHESSER
A. T-SQUARE – This case was put on hold. Mr. Thornton said he would drop it, and he will inform his lawyer accordingly.
B. RACETRAC – The suit is not over and is scheduled for trial on Aug. 19, 1999.
III. TOWN HALL RENOVATION AND PROGRESS REPORT – Jeff Dowda suggested to hold off on taking down the chimney at Town Hall till the fall. Mayor Combs will call Marble Works for the marble. He said the handrail and mirror are to come.
IV. CDBG STATUS – PUNCH LIST – Brent Wright, engineer with BCM, said that on July 29, 1999 they had a site visit and found 9 items still incomplete. They should be finished by next week. He said that the operating check valve will be swapped out by the company. Other incomplete items include: the outfall needs cleaning, Mrs. King’s property needs a swale and regrading toward her property, Clifford Drive needs some sod, Garnier’s Cay’s new driveway has a crack which needs fixing. He introduced Theresa Norris as a new employee of BCM. The Commission would like a little plaque honoring former Mayor Montague for his efforts on the storm drainage mitigation.
V. PARK GRANTS – RUDY SUTTON – as per attached report. The Mayor said that Rudy Sutton received word that the grant for Cherokee Park was extended until January 2000.
NEW BUSINESS:
I. RESIDENTS’ TIME – Bonnie Wick said that the Plew Avenue area has a lot more trouble: there have been shootings, dogs are running lose etc.
II. SIGN ORDINANCE 99-07 – Comm. Henderson moved to approve the second reading of Ordinance No. 99-07. It was seconded by Comm. Tucker and it passed.
III. COX CABLE FRANCHISE –ORDINANCE 99-08 SECOND READING Comm. Callen moved to approve the second reading of Ordinance No. 99-08. It was seconded by Comm. Tucker and passed unanimously.
IV. GULF POWER FRANCHISE - ORDINANCE NO. 99-09 SECOND
READING – A letter from a resident asked whether Gulf Power could not put the utilities underground. Comm. Tucker said that if the Town still had new construction going on it would be fine, but it is not practical for established homeowners, the cost would be prohibitive. Comm. Callen moved to approve the second reading of Ordinance No. 99-09. It was seconded by Comm. Tucker and passed unanimously.
V. OFFICER DECKARD’S REQUEST – At the FMPTF meeting on Monday, Ofc. Deckard resigned from the Trust Fund and the Police Force. He was with the Town for three years. He now requested from the Town Commission that the Fund pay him money in the amount paid by the Town for the other officers to the Florida Retirement System. He is asking for approximately $6,000. Nell Webb said that that would not be possible, unless the Town chooses to rewrite the plan and create a new ordinance. The fund is set up for the police and is vested after 10 years. Ofc. Deckard said that when he was hired he was told that the Town was in the Florida Retirement System, where he had accumulated 13 ½ years. He also had 4 years in the military including a tour in Viet Nam. He said that Mrs. Wilkinson told him he could not be moved back to FRS. But when he went to Tallahassee he was told it could be done. When he told Mrs. Wilkinson about it she said the Town was not going back. Attorney Chesser said that the situation is difficult and very complicated to handle. Comm. Henderson moved to table this issue and follow the attorneys advice and not do anything illegal. It was seconded by Comm. Brown. After much discussion, Comm. Tucker moved to not proceed with the issue because Off. Deckard opted to resign after only 3 ½ years and to deny request for funds for disbursement. It was seconded by Comm. Callen and passed unanimously.
MAYOR’S REPORT:
I. STATUS OF COMO MARINA – Mayor Combs met with Robert Maxon who
will write a letter to Town Hall agreeing to pay $6,500 for the road
by Oct. 1, 1999. Comm. Henderson moved to dismiss the litigation if
Mr. Chesser receives the check. It was seconded by Comm. Callen and passed
unanimously.
II. STATUS OF RACETRACK – Mayor Combs said that Racetrack’s sign now is in
conformance, but they want the sign they had designed originally. The new
ordinance will be in force for everybody. The Mayor wants a letter written
levying fines for every day.
III. LETTER FROM RESIDENT KEVIN REEVES RE:INCREASE IN NIGHT POLICE
PROTECTION – Chief Blackburn said that a few minor robberies had
taken place in that area. Most problems are between 11 p.m. and 2 a.m.
Mayor Combs suggested to start a neighborhood watch area there and have
Mr. Reeves help with that or even chair it. Comm. Henderson was asked to
get together with Chief and Mr. Reeves and to look into training requirements etc.
IV. POLICE DEPARTMENT – Mayor Combs said that the Police
Department is needed and he is not trying to get rid of it. Since Mrs.
Wilkinson resigned, we have not done much code enforcement. He would
like the Police Department to check the town for infractions.
V. WEB PAGE – The Mayor wants to be more pro-active and would like to
change the letter head in the office when we order next and also wants to
put the web address on the marquee.
VI. COMPLAINTS – The Mayor had a complaint about a storm water drainage
pipe on Palm Shores. The pipe was checked out by County. It is coming from a
600 ft. well from the courthouse and they said the pipe is all right, although
it is rusty.
COMM. TUCKER’S REPORT:
I. FINANCIAL REPORT -
II. STATUS OF 1999-2000 BUDGET – The first public hearing is scheduled for
5:05 p.m. on Sept. 14, 1999 and the second hearing will follow on Sept. 28,
1999 at 5:05 p.m. The millage will stay at the same level as last year.
Comm. Tucker canceled her reservation to the annual League of Cities meeting, because of the serious condition restraints of the budget.
COMM BROWN’S REPORT:
I. BEAUTIFICATION REPORT – as per attached memo.
II. CENTENNIAL CELEBRATION – Crestview is having trouble getting
enough people to work on the 2,000 celebration. They would like each town to have a float in the parade.
COMM. CALLEN’S REPORT:
I. Comm. Callen said Jeff was helping finalizing the CDBG project.
COMM. HENDERSON’S REPORT:
I. He asked Sg.t Dickerson and Chief Blackburn about retiring prospects –
and had no response from either one.
II. Comm. Henderson said that Mr. Holt had a unsightly fishing boat tied to the dock. He intends to make it into a pleasure boat. Chief Blackburn said as long as the boat is no hazard to navigation it can be there.
ADMIN REPORT:
I. CONSTRUCTION REPORT – as attachedPOLICE CHIEF’S REPORT - as attached
ANNOUNCEMENTS: John Behnken announced that Sept. 18, 1999 is National Clean-Up Day – Earth Day. Could that be put on the marquee?
ADJOURNMENT: Comm. Callen moved to adjourn the meeting at 8:30 p.m. It was seconded by Comm. Henderson and passed unanimously.
Mayor Gary Combs
ATTEST:
Nell Webb, Town Clerk