Minutes

Town of Shalimar

Commission Meeting

August 14, 2001

 

CALL TO ORDER:  The regular meeting of the Shalimar Town Commission was called to order by Mayor Gary Combs at 6:07 p.m. in Town Hall chambers.  He led the “Pledge of Allegiance” to the Flag.

 

ROLL CALL FOR THE RECORD:

                             Mayor Gary Combs: present

                             Mayor Pro Tem Elaine Tucker: present

                             Commissioner John Henderson: present

                             Commissioner Ricardo Garcia: present

                             Commissioner Kevin Reeves: present

 

Others in attendance: Town Manager Tom Burns, Deputy Town Clerk Tina Smith, Rik Larson, George H. Whitehurst, Samuel H. Hayes, Bob Lynn, Ken Neilson, and Town Attorney Mike Chesser

 

P&Z BOARD REVIEW – JUL 25, 2001 – MEETING CANCELLED

 

OLD BUSINESS:

I.                   APPROVE MINUTES OF JULY 10, 2001 TOWN COMMISSION MEETING – Commissioner Garcia moved to approve the minutes.  Commissioner Henderson seconded the motion and it passed unanimously.

II.                APPROVE MINUTES OF JULY 10, 2001 BUDGET WORKSHOP I – Commissioner Tucker moved to approve the minutes.  Commissioner Henderson seconded the motion and it passed unanimously.

III.             APPROVE MINUTES OF JULY 17, 2001 BUDGET WORKSHOP II – Commissioner Tucker moved to approve the minutes.  Commissioner Henderson seconded the motion and it passed unanimously.

IV.     MAYOR WHITEHURST’S TIME – VETERAN’S MEMORIAL FUNDING – Crestview Mayor, George Whitehurst explained how the idea for the memorial came about.  He then introduced Bob Lynn who briefed the commission about the reason for the memorial, the materials that will be used to build the memorial, and provisions for future additions.  Following the briefing the commission decided to put the Memorial Funding on the agenda for the first budget hearing.

V.                 TOWN ATTORNEY REPORT – Town Attorney Mike Chesser’s only item was the Racetrac issue.  It was mentioned that the Commission move to dismiss the case.  Attorney Chesser said that he didn’t feel that the judge would dismiss it at this point.  His suggestion was to wait 12 months and if Petermann/Racetrac doesn’t do anything in that time frame, then we can move to dismiss the case.  Mayor Combs asked Town Manager, Tom Burns if he had any questions for Attorney Chesser.  Manager Burns indicated that he had included some questions in Attorney Chesser’s meeting folder.  After reading the included copy of the town’s alcohol sales ordinance, Attorney Chesser opined that the ordinance on hours of alcohol sales could be interpreted to apply only to those businesses selling alcohol primarily for consumption on the premises.  The second question for Attorney Chesser was concerning possible liability of The Town of Shalimar in dealing with Invasion of Privacy and the messages on the Town Marquee.  Attorney Chesser mentioned that it was a possibility for the town, without any written disclaimer, to be held liable.  The Commission decided that Manager Burns and Deputy Town Clerk, Tina Smith should draft up a hold harmless agreement for anyone requesting a message for the sign.   The last question on the list was regarding code enforcement.  Manager Burns asked what type of laws could be enforced by ticketing and how the town would go about enforcing them.  Attorney Chesser explained that the town could only enforce what the town code book deems a misdemeanor.  It was decided that a part of the Code of Ordinance book would have something that mentions what the Commission decides is a misdemeanor.

VI.              TOWN HALL RENOVATION  - Before the renovation folder is closed, the mayor asked Commissioner Reeves what he could do about extending the commission table, changing the countertop on the table, and covering the front of the commission table.  Elaine asked that a stereo system be added to the budget review.

VII.           CHEROKEE PARK PROPERTY ACQUISITION – The mayor talked to Mr. Butch Rials and was told that the affidavit has been signed and should be at Mr. Rials’ attorney’s office.  The attorney is out of town at this time.  Mr. Rials gave the town permission to send a letter to the renter of the property giving the renter all of the updated information on the sale.  For demolition of the house, Elaine mentioned contacting the Fire Department to see if they would do it.  Tom said that he would contact them.

VIII.        SHALIMAR PLANTATION LANDSCAPING – Commissioner Tucker motioned to accept their letter as written and approve it.  Commissioner Reeves seconded the motion and it passed unanimously.  Tom will draft up a letter to the homeowners explaining the decision of the commission.

 

NEW BUSINESS:

I.       TOWN RESIDENTS' TIME - MAYOR COMBS – Resident, Kevin Reeves, asked that the park behind his house be mowed.  Manager Burns will inform the Maintenance Department about this and it will be taken care of.

II.      PARK ORDINANCE –2001-04 – Tom will recommend changes for the park ordinance, redraft it, and send it out to everyone.  The mayor said that he would like to rescind the old Cherokee Park Ordinance.  The first reading of the new ordinance will be at the next meeting.

III.             CODE OF ORDINANCE UPDATE – The Mayor asked that the commissioners and town staff look through the code of ordinances and work on fixing any of the ordinances that are unenforceable before codification.  Commissioner Henderson volunteered to redo the dock ordinance. 

IV.              CONSTITUTION ANNIVERSARY PROCLAMATION – 2001-01 – Commissioner Henderson moved to accept Proclamation 2001-01.  Commissioner Garcia seconded the motion and it passed unanimously.

V.                 RESOLUTION 2001-12 – TOWN CREDIT CARD/AMENDMENT TO ADMINISTRATIVE POLICY 2000 – Commissioner Henderson moved to accept Resolution 2001-12.  Commissioner Tucker seconded the motion and it passed unanimously.

 

MAYOR COMBS REPORT:

I.       OKALOOSA COUNTY LEAGUE OF CITIES REPORT – Mayor Combs reported that the whole meeting was about the Penny for Progress campaign.

II.                WEB PAGE – The web page is close to finalization.  The mayor typed up a drafting document of what he wants to be done to the web site and asked for input.  Everyone was also told if errors are found on the site to inform either Deputy Clerk, Tina Smith, or himself, Mayor Combs.  The site is finally moved to the new hosting site and the e-mail is fixed.  The mayor would like to do more for the business section of the site.

III.     NEW SERVICES TO RESIDENTS – The more services that we can provide to the residents of the town, the better.  The mayor suggested that we rent out the town trailers to residents and, also, allow Jeff to help residents out.  John Henderson mentioned the liability factor.  Tom is going to check into whether or not our Workman’s Comp will cover Jeff and if our liability coverage will cover renting out the trailer.  The choice was made to task Commissioner Reeves to come up with a plan for town services.

 

COMMISSIONER TUCKER'S REPORT:

I.       FY01 FINANCIAL STATUS REPORT – Commissioner Tucker asked that we all try to curtail spending as much as possible for the next couple of months.  However, new rain gear will be purchased for the Police Department.

II.      COUNTY ONE-CENT SALES TAX REFERENDUM – Penny for Progress meetings are being held weekly in the town hall conference room at noon.  At one of the Penny for Progress Meetings, Dennis Gilson mentioned that each of the towns rewrite their Capital Improvement lists.  Commissioner Henderson moved that Commissioner Tucker be allowed to rewrite our Capital Improvements list and be given the necessary assistance.  Commissioner Tucker seconded the motion and it passed unanimously. Commissioner Tucker also mentioned that we need to schedule a Public Penny for Progress meeting/debate for the Town before October 16.  The date was set for Tuesday, October 2 so that the announcement could go into the Tidbits.  Also, the Tidbits will have to go out about 2 days early so that the residents will know about the meeting.

III.     FY02 BUDGET REVIEW STATUS – The next Budget hearing will be held on September 4, 2001 at The Town Hall.

 

COMMISSIONER GARCIA'S REPORT:

I.       VANGUARD BANK PROPERTY – Commissioner Garcia could find nothing official or unofficial that shows any historical influence for the building at 1280 North Eglin Pkwy.  He believes that it was not the Shalimar Club.  The Mayor will call Vanguard and Cheers Pub to see if they can come to an agreement about the property.

 

COMMISSIONER REEVES' REPORT:

I.       Commissioner Reeves asked that the Police officers do something about Excalibur patrons test driving the cars down Shalimar Drive.  Sergeant Charles Self said that he would talk to the dealership.

 

 

COMMISSIONER HENDERSON'S REPORT:

I.                   HIRING PROGRESS – Commissioner Henderson reported that the Police Department is still short-handed.  Commissioner Henderson reminded everyone that it took 3 months before Officer Spohn was able to be hired.

II.                CONTINGENCY FUND – Town Manager, Tom Burns, checked around with the municipalities to see if their elected officials are compensated for duties.  After Mr. Burns read off his findings, Commissioner Henderson moved to begin paying all elected officials a stipend of $50 a month, payable in one lump sum at the end of the year.  Commissioner Tucker seconded the motion (for discussion.)  After discussion, the motion passed 3-2 (with nays for Mayor Combs and Commissioner Reeves.)

III.             POLICE SCHEDULES – Commissioner Henderson would like Sergeant Charles Self to start work earlier to meet school zone coverage.  He also mentioned to work the schedule “as best as you can”.  Town Manager Burns mentioned that he would like for the Commissioners to start doing ride-alongs with the police officers and to call them and schedule a date and time.

 

POLICE REPORT:

I.       MONTHLY ACTIVITY REPORT – The mayor would like the Weekly Activity Reports (WAR) to be more in-depth for all employees that work in The Town Hall.

 

TOWN MANAGER UPDATE:

I.       TOWN MANAGER REPORT – Town Manager, Tom Burns, briefed that he spent 45 minutes on the phone with the Florida League of Cities Lawyer.  The Town of Shalimar can not successfully sue Panhandle Animal Welfare Society (PAWS) unless it is proven that PAWS has a monopoly in the county and that the town receives absolutely no benefit from PAWS’ services.  Manager Burns was instructed to call Critter Getter to get information on what kinds of work they do and if we could pay them on a case-by-case basis.  Also, Tom received a call from Rocky Bates regarding the scum in Montague pond.  Tom, in turn, called Okaloosa Mosquito Control.  The county came out, said that the scum not a problem.  They commented that the pond looked great and put fish in the pond to eat any mosquito larvae that may form.

         

ANNOUNCEMENTS:

    SEPTEMBER 4, 2001  5:05 PM BUDGET HEARING AND FIRST READING OF ORDINANCE 2002-01 AND 2002-02

    SEPTEMBER 11, 2001 6:00 PM – REGULAR COMMISSION MEETING        

ADJOURNMENT:

          Commissioner Henderson moved to adjourn the meeting at 8:45 p.m.  The motion was seconded by Commissioner Tucker and it passed unanimously.