MINUTES

SHALIMAR TOWN COMMISSION MEETING

NOVEMBER 9, 1999

Mayor Pro Tem Tom Callen called the regular Town Commission meeting to order at 6 p.m. on November 9, 1999 at Town Hall Chambers and led the Pledge of Allegiance to the Flag.

ROLL CALL FOR THE RECORD:
Mayor Gary Combs – out of country
Mayor Pro Tem Tom Callen – present
Commissioner Gene Brown – absent
Commissioner John Henderson – present
Commissioner Elaine Tucker – present

Others attending were Rudy Sutton, Nell Webb, Connie Gluvna, Ursel Behnken, Police Chief John Blackburn and Theresa Norris, representing BCM Engineers.

P & Z RECOMMENDATIONS:

I. VARIANCE ON TOWN PROPERTY – Comm. Henderson moved to approve the variance as recommended by P & Z. It was seconded by Comm. Tucker and passed unanimously. (3-0)

 II. APPROVAL OF MINUTES FOR SPECIAL CALLED MEETING ON OCT.20, 1999 – This concerned the meeting about Meigs Park. Mr. Sutton said that he intends to have the work started on the dock, then the retaining wall, the walk, the gazebo and the parking area last. He is currently working on a letter of acceptance. Comm. Tucker moved to approve the minutes as written. It was seconded by Comm. Henderson and passed unanimously.

III. ORDINANCE & CODE REVIEW FOR P & Z – Mr. Sutton said he would present a formal request within the next two meetings. The Board discussed only having final approval on residential requests, not commercial.

OLD BUSINESS:

 I. APPROVAL OF MINUTES OF OCT. 12, 1999 TOWN COMMISSION MEETING – Comm. Tucker moved to approve the minutes of the Oct. 12, 1999 Town Commission meeting as written. It was seconded by Comm. Henderson and passed unanimously.

 II. STATUS OF LAWSUITS – Attorney Mike Chesser said that his brief concerning Racetrac is before the Court now. He is not particularly proud of it. He has researched all the cases in Florida and came to the conclusion that all cases had bad ordinances, just like in Shalimar’s case. The Court maintains it is not right to change the ordinance after the suit has been filed. Mr. Chesser still feels confident on the outcome of the suit, although the brief is counter to normal procedure. The Como lawsuit is resolved.

III. PARK LIABILITY – Mr. Chesser said that the Town could be held liable if a child gets hurt either on the swing set, the slide, or if parents bring in ponies or a moonwalk. Mrs. Webb said, for that reason applicants for park reservations sign a waiver. Mr. Chesser said it would be best if the Town would have a special event policy which names the Town as special insured. The more general the policy is, the better for the Town, he said. Mr. Sutton asked how strong a "hold harmless" clause would be, and Mr. Chesser said "not very strong." Mayor Pro Tem Callen brought up Shalimar Pond which is fenced, but one of the residents put in a gate without Town permission. Mr. Sutton suggested to have the Town put a lock on it from the Town’s side. Comm. Callen said to write a letter informing the owner of what the Town is going to do. Residents also have access to Cherokee Park, but that is different because the liability is not like with the pond. Chief Blackburn wanted to know whether the pond is properly posted. It should be posted inside the fence, he said.

IV. ATTORNEY’S FEES – Comm. Tucker inquired of all municipalities what they pay their attorneys. She came up with the following: Mary Esther - $130 per hour; Valparaiso - $95 per hour; Crestview - $500 per month plus a retainer; Cinco Bayou $250 a month plus $106 per hour beyond that; Destin has three attorneys and each receives $120 per hour. Attorney Chesser said he would work with the Town to find an amicable solution.

V. STATUS OF CDBG STORM WATER MANAGEMENT GRANT – The work on the grant is winding down. That day trees were planted around the pond. Adjustment on the fountain still has to be done. The ribbon curb on Clifford washed out behind the curb and sod needs to be planted there. Otherwise the project is finished.

VI. STATUS OF GRANTS REQUEST IN THE WORKS – Mr. Sutton said the Hazard Mitigation Grant had a change. He had a call from Tallahassee for the Town Hall Project saying that they cannot justify putting a $100,000 roof on a $150,000 building. Mr. Sutton has called five contractors hoping to find a better price. The range between $45,000 and $50,000 sounded more favorable on the cost effectiveness ratio to the people in Tallahassee. The money for the shutters is already approved. The Town is also included in a mitigation grant for the County.

VII. TOWN HALL RENOVATION – The bathroom is finished. The roof plans will have to be changed from metal to asbestos shingles, said Mr. Sutton.

VIII. UPDATE ON SHALIMAR LITTLE LEAGUE REQUEST – Comm. Callen will write a letter to Shalimar Little League explaining that the Town will help them keep their grass short on an available basis. Our maintenance crew cannot be held to a rigid schedule.

NEW BUSINESS:

 I. TOWN RESIDENTS’ TIME – Comm. Henderson said that the resident on 134 Gardner had approached him to get permission to build a gate into Cherokee Park at his own expense. Comm. Henderson told him to write a letter to the Town Commission.

II. SUPPORT OF DESTIN 99-35 OFFSHORE DRILLING RESOLUTION 2000-03 - Comm. Henderson moved to approve the resolution. It was seconded by Comm. Tucker and passed unanimously.

 III. PROCLAMATION OF EPILEPSY AWARENESS MONTH – Comm. Tucker moved to proclaim November as Epilepsy Awareness Month. It was seconded by Comm. Henderson and passed unanimously.

 IV. ENDORSEMENT OF VETERANS’ NURSING FACILITY – Comm. Henderson moved to endorse the City of Crestview’s intention to attract a Veterans Nursing Facility. It was seconded by Comm. Tucker and passed unanimously.

V. COMMUNICATIONS FROM OKALOOSA COUNTY SCHOOL BOARD – The School District and the Department of Transportation will upgrade the school crosswalk markings, stop bar markings and school message signs. They have requested the municipalities to confirm that they will provide future maintenance of these improvements. Comm. Tucker said that all town residents pay County taxes and it should fall to the county to maintain the crosswalks. Comm. Henderson moved to confirm the letter for the Schoolyard. It was seconded by Comm. Tucker. After considerable discussion Comm. Henderson amended his motion to read: to confirm the letter of the School Board with the caveat that the Town of Shalimar will take care of Meigs Middle Schools’ crosswalks and signs on Richbourg Ave. only. It was seconded by Comm. Tucker and passed unanimously.

COMM. TUCKER’S REPORT:

I. FINANCIAL REPORT – Comm. Tucker has prepared a financial income and expense report that will show month by month what was budgeted and how much was spent, to keep better track of the finances. In legal fees the Town has already spent $1,544.50 of the $8,000 budgeted. During fiscal year 1998/1999 more than $20,000 were spent on legal fees.

II. POLICY MANUAL – Comm. Tucker is working on updating the personnel folder but it’s bigger than she thought and will take longer. She intends to work on each section by department. In the end it will be an ordinance which has to be advertised and read on two consecutive meetings before it becomes official.

COMM. BROWN’S REPORT:

I. CHRISTMAS PARTY DATE/PLANS – The Christmas Party is set for Dec. 19 from 2 – 4 p.m. Santa Claus, Mr. Jesse Horton, has already been confirmed. Comm. Brown will contact the usual benefactors. His wife, Frances, is calling the Town’s merchants to ask them to help the Town with the theme of white lights. Chief Blackburn said he had some complaints that no Christmas lights were on the north side of town. Jeff Dowda has been checking the lights at Eglin Parkway.

II. CRESTVIEW MILLENIUM - Several anonymous residents have paid for the Town to have a capsule. We now have to think about what we want to put into the capsule. Comm. Callen will represent the Town on Nov. 16 at 8:30 a.m. at Cinco Bayou Town Hall to receive the capsule. A questionnaire should go out to the residents with the December newsletter to ask for their input. Also a thank-you should be included to the donors. The Commission reserves the right for the final decision.

COMM. CALLEN’S REPORT:

Comm. Callen said the office will be closed on Veterans’ Day. He will represent the Town at a memorial at Memorial Cemetery.

COMM. HENDERSON’S REPORT:
I. NEIGHBORHOOD WATCH AREA – This subject is dead in the water. Only two residents showed interest. Chief Blackburn said that he would work on this subject. He has already ordered signs such as "No Outlet" and "Crime Watch Zone".

II. NO-WAKE ZONE – Comm. Henderson has not pursued this subject as of late. He will get the final coordinates.

POLICE CHIEF’S REPORT: AS ATTACHED

I. CURFEW ORDINANCE – Chief Blackburn said he worked on the Curfew Ordinance and only has a few changes. He would like to change the age limit from 16 to 18 with the exemption of school or church functions. This item should be taken up at the next meeting and put on the agenda (web) to give residents a chance to voice their opinion.

ANNOUNCEMENTS:

 Nov. 11, 1999 – Veteran’s Day (office will be closed)
Nov. 17, 1999 – P & Z Meeting – 6:30 p.m. (changed from regular date)
Nov. 25, 1999 – Thanksgiving (Office closed 11-25 and 26) – Comm. Tucker moved to grant holiday leave on Friday, Nov. 26. It was seconded by Comm. Henderson and passed unanimously.

ADJOURNMENT: Comm. Henderson moved to adjourn the meeting at 7:30 p.m. It was seconded by Comm. Tucker and passed unanimously.

Tom Callen, Mayor Pro Tem

ATTEST:

Connie Gluvna