Mayor Gary Combs called the regular Shalimar Town Commission meeting to order at 6 p.m. on February 8, 2000 at Town Hall Chambers, 2 Cherokee Road, and led the Pledge of Allegiance to the Flag.

ROLL CALL FOR THE RECORD:
Mayor Pro Tem Tom Callen – present
Commissioner Gene Brown – present
Commissioner John Henderson – present
Commissioner Elaine Tucker – present
Others attending were Nell Webb, Connie Gluvna, Attorney Mike Chesser, Ursel Behnken, Police Chief John Blackburn,, Rocky Bates, Earl Gottschall, Frederick H. Jones, Jan Carlson, Kevin Bowyer and Tammy McGaughy. .

P & Z RECOMMENDATIONS:

The P & Z meeting minutes were provided to everyone. P & Z forwarded Ordinance No. 2000-05 to the Town Commission for action. The next meeting will be held Wednesday, February 23, 2000.

REVIEW OF AUDIT FOR FY 99 – CPAs Kevin Bowyer and Tammy McGaughy met with the Mayor and Comm. Tucker and went over the whole audit. Assets increased by 26%, but the payables also increased. Mr. Bowyer said that all of last year’s critical comments have been eliminated, but more work is still needed especially in the area of the budget. The budget procedure needs to be a bit more formalized, he said. He thanked the staff for the fine work Comm. Callen moved to approve the audit statement as presented. It was seconded by Comm. Tucker and passed unanimously. The audit is available to the public.

STATUS OF LAW SUITS – Attorney Mike Chesser said the Town is down to two law suits. So far there is no word from the Judge. The Mayor had a meeting with Racetracs CEO Max McBryer. They had some interesting conversations, said the Mayor, and they determined what the issues were. Mr. McBryer realized that the Town will never give him the 16x30 sign. The frontage on Eglin Parkway is only 247 running feet. (x2=494 sq. ft.) The new Sign Ordinance only allows a total of 200 sq. ft. Racetrac now has a 150 sq. ft. temporary sign. Mr. McBryer’s contention is that his sign still falls under the old ordinance, and if he had known about the 200 sq. ft. limit he would not be in town. He finally agreed to a sign of 10x20 sq. ft. The Mayor asked Mr McBryer how he feels about the other law suit, and he said that the Town did not notify him, only his attorney and when he found out about it, he took the other signs off. In the end Mr. McBryer offered to pay up to $20,000 if he can get the 11x20 ft. sign and grandfather in all the other signs he currently has, and he will not put up any other signs. Mr. Chesser said so far the issue has been what the ordinance meant, and if the Town goes by the new ordinance, Racetrac would have to resubmit an application to determine what height, what design, what size, what the wind load is etc. Mr. Chesser suggested to let both sides figure out what to do. The sign Racetrac wants falls more or less under the old ordinance under a non-conforming status. Comm. Callen moved to accept the negotiated compromise. It was seconded by Comm. Henderson. Comm. Tucker said that the Town should take a stand, because the sign goes beyond the ordinance. The residents don’t want a large sign, she said, we don’t need any more signs and even the Judge said he does not see anything wrong with a smaller sign. We also have a new sign ordinance, she said, and the Town Commission should stand by it. Mr. Chesser suggested to table this issue to the next meeting and to consider the proposal. He would also like to call Mr. Petermann, attorney for Racetrac, to get his consent to send a letter to the Court. Comm. Callen moved to table his motion. It was seconded by Comm. Henderson and passed unanimously. Comm. Callen said that because the Commission is split on this issue they should think it over. If there are objections the case should go to the judge. Maybe the Commission should have an emergency meeting to which residents should be invited.

A. The Law Enforcement Grant was approved. It is stipulated what Chief Blackburn can do with it. Mayor Combs suggested to get Comm. Henderson involved.

B. Meigs Park Grant – Rocky Bates from Garniers Cay II spoke about the park and dock. He said only a few people are in favor of it but he is not. He wrote a letter to the Town and received a reply from the Mayor but said the reply is not good enough. Jan Carlson spoke up and said that she worked with the DEP on this matter by contacting Mr. O’Donnell. She asked how the DEP can give us permission for a dock since it has to be 25 ft. from either property line. This is impossible since the park property is only 30 ft. wide. She said that Mr. Sutton knew there was a problem. It was suggested that the Town cut back on the size of the dock and platform and redo the drawings. Mr. Freddy Jones from Garnier’s Cay I does not want to put $50,000 of the people’s tax money into the project. He said that other than Town residents are using the park now. They unload their ski boats, leave empty beer cans and trash , and make big waves. He said the dock is an attractive nuisance at best. It was pointed out that the park was originally donated by the builder and plans to develop the park were started in 1997/98. The Mayor said that residents around Cherokee Park also had many concerns when that park was developed, but now the park is an asset. Comm. Brown said if he would live there he would not want a dock there either, but so far nobody had come forward with objections. He said why couldn’t the Town Commission pursue not to put a dock in. Comm. Tucker said she was interested to find out what other residents are thinking. There is no parking except one handicapped spot. There is no bathroom facility, either. Only residents and their guests will be utilizing the park. The neighboring residents don’t own the water, therefore boats can come in. Besides this discussion may be too late, since the Town has already accepted a contract. The Mayor said that the builder is quite flexible and the park area is the only water access and beach the Town of Shalimar has. The State is very much interested in those areas and gives money to any public water access. Comm. Henderson moved to investigate DEP’s position and whether the grant can be changed; and call a special meeting so all residents can come to the meeting to discuss Meigs Park. It was seconded by Comm. Callen and passed unanimously. The meeting is scheduled for Feb. 22 at 6 p.m. The Mayor said he would write a letter to every Town resident.

III. OKALOOSA COUNTY GAS – This is a new item concerning a letter written by State Rep. Jerry Melvin. He wants to file a bill by March 7, 2000 and wants local input. Mayor Combs wants to know what Rep. Melvin is trying to do and who is behind it. Mayor Combs wants to draft up a letter, and Comm. Tucker would like to contact the Mayor of Destin to find out what their response to the issue is.

IV. TOWN HALL RENOVATION – Currently the out-buildings are being moved to the new property in the back.

VI. FINAL READING OF THE CURFEW ORDINANCE 2000-03 – There are some inconsistencies which have to be changed. Curfew is going to be from 11 p.m. to 6 a.m. Comm. Henderson moved to accept Ordinance No. 2000-03 as corrected. It was seconded by Comm. Callen and passed unanimously.

VII. FIRST READING OF SENIOR HOMESTEAD EXCEMPTION ORDINANCE 2000-04 – Mayor Combs read the title of the Ordinance. Comm. Henderson moved to accept Ordinance No. 2000-04 as written. It was seconded by Comm. Tucker and passed unanimously. The final reading will be at the next Town Commission meeting.

I. FIRST READING OF THE FUNCTIONS AND DUTIES OF P & Z ORDINANCE 2000-05 – Mr. Chesser said this ordinance is very unusual, but it could work. Mayor Combs read the title. Comm. Henderson moved to accept the P & Z Ordinance 2000-05 as written. He amended the motion to eliminate item "h"- Variances relating to home occupations. It was seconded by Comm. Tucker and passed unanimously. The final reading will be held at the next Town Commission meeting.

I. WEB SITE UPDATE – Mayor Combs said that he wants to give a training session. Also the minutes and agendas are now on the web page.

II. PROCLAMATION OF PATRIOTISM WEEK – Comm. Callen said the sentence "including the Benevolent and Protective Order of Elks in expressing gratitude for the privilege of American Citizenship" should be removed because it has no direct meaning for the residents of Shalimar. Comm. Tucker moved to disregard the Proclamation for Patriotism Week and instead post it on the marquee. It was seconded by Comm. Henderson. Comm. Tucker suggested to only support those proclamations that come from the State of Florida or the County Commission. Comm. Tucker moved to approve Proclamation 2000-02 this time, but in the future only proclaim those which are supported by the State or the County. It was seconded by Comm. Callen and passed unanimously.

III. GOAL WORKSHOP UPDATE – This too will be on the web site.

IV. SIGN ENFORCEMENT UPDATE – The Mayor talked to the owners at Antonio’s because they were placing a sign into the right-of-way. They did not think they needed a sign permit. This item is cleared.

V. OKALOOSA GAS – Mayor Combs said that a controversy is brewing with Okaloosa County Gas District. He received a letter from State Rep. Jerry Melvin which needs a reply by March 7. At issue is the accumulated income, initially paid out to 4 or 5 municipalities, until the ordinance was changed after which there was no fixed requirement to pay out the funds. These funds are separate from franchise fees and should be distributed.

VI. FL LEAGUE OF CITIES – The Mayor said he took Connie Gluvna to the meeting.

I. FINANCIAL REPORT – Comm. Tucker said she combined Oct., Nov., and Dec. for the first quarter. It is not humanly possible to get it on e-mail before the meeting, said Comm. Tucker. Court fines are way under the budget, and utilities made a big jump because of Christmas lights. It ran about $10 a day. And the pump at the Shalimar lake costs about $100 a month. Everything looks good, she said, except the attorneys fees are already half expended.

II. POLICY MANUAL – Comm. Tucker is almost completely done with the manual and will e-mail the next day, after she has completed the formatting and standardizing.

COMM. BROWN’S REPORT: no report

I. BAILIFF DUTY – A year ago the Supervisor of Elections appointed Jeff Dowda as bailiff when George Wilkinson, who did this duty for years, was ill. The question was raised whether a resident should fill this position. Comm. Tucker was asked to call Pat Hollarn, Supervisor of Elections.

II. OUT OF TOWN – Comm. Callen will be out of town from Feb. 9 to Feb. 19.

III. SIDEWALK – Residents complained about tree roots pushing up sidewalks on,Gardner Drive. It would cost $2,800 to tear up and remove the old sidewalk and replace it. The argument was, if we fix one area we have to fix all of them. Comm. Tucker said that the Town has not budgeted for that, but that money is available. The Mayor suggested to table the issue, find out what other municipalities are doing, and what the standard practice is concerning sidewalks.

COMM. HENDERSON’S REPORT: - no report

I. CONSTRUCTION REPORT – no report

POLICE CHIEF’S REPORT: AS ATTACHED - Chief Blackburn said that he met with the Palm Shores Homeowners Association on Jan. 27 and talked to them about the Crime Watch program. They did not want to commit to a full-time Crime-Watch program but will call the Police Department when they see unusual activities around them. The Chief will also meet with the other Homeowners Associations. Chief said that the complaints were up in January from businesses and also homes, they had more alarms go off. The Police Department is understaffed, said the Chief. He will give residents little stickers to place on telephones with the Police Department numbers. In case the Police Department is not manned, the Sheriff’s Office will respond.