OCTOBER 9, 2001

CALL TO ORDER: The regular meeting of the Shalimar Town Commission was called to order by Mayor Gary Combs at 6:00 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, Town Attorney Mike Chesser, Deputy Town Clerk Tina Smith, Sergeant Charles Self, and Town residents Pat and Sandra McLain of 6 Gardner Drive.

P&Z BOARD REVIEW – AUGUST 29, 2001/SEPTEMBER 26, 2001 – MEETINGS – Minutes from the August 29, 2001 meeting have not yet been approved by the P & Z Board. The September 26, 2001 Meeting was cancelled.

OLD BUSINESS:

I. APPROVE MINUTES OF SEPTEMBER 11, 2001 TOWN COMMISSION MEETING – Commissioner Tucker moved to approve the minutes as written. Commissioner Henderson seconded the motion and it passed unanimously.

II. APPROVE MINUTES OF SEPTEMBER 12, 2001 ORDINANCE WORKSHOP – Commissioner Tucker moved to approve the minutes from the ordinance workshop as written. Commissioner Garcia seconded the motion and it passed unanimously.

III. TOWN ATTORNEY REPORT – Town Attorney, Mike Chesser referenced the stipend motion from a previous meeting. Attorney Chesser talked to the Attorney General who stated that a stipend would be considered a gift and the town has no power to give a gift. Town Manager, Tom Burns will work with Attorney Chesser to draft a resolution with provisions to allow the Commissioners to receive a stipend.

IV. MARQUEE GUIDELINES – Mayor Gary Combs would like the word “death” removed from the marquee guidelines. Other than that, Manager Burns will draft a resolution amending the Town Policies to reflect the changes to marquee management. This resolution will be considered at the December Town Commission Meeting.

V. PARK ORDINANCE – 2002-03 – FIRST READING – Attorney Chesser went through his changes with the Commission. The Mayor polled the Commission to get a consensus of who approved or disapproved of the ordinance. All of the Commissioners approved the Park Ordinance with Attorney Chesser’s changes except Commissioner Tucker who feels that there should be a mention of alcohol prohibition.

VI. DOCK ORDINANCE – 2002-04 -- FIRST READING – Before briefing his recommended changes to the dock ordinance, Attorney Chesser explained that it was unnecessary to be formal in the “first reading” process. He added that when updating an ordinance, it is necessary to strike-through the old wording and underline and bold what is to be added. Commissioner Henderson asked if this ordinance could be used to enforce removal of derelict vessels. Attorney Chesser opined that a separate ordinance addressing abandoned or derelict vehicles as a nuisance would be a better option. Commissioner Tucker moved to approve the new format requested by Attorney Chesser and the dock ordinance with the suggested additions. Commissioner Henderson seconded the motion and it passed unanimously.

VII. CHEROKEE PARK PROPERTY UPDATE – Manager Burns stated that that the checks for the property will go into escrow until the title search clears. The ex-renter still has property in the house that will be cleared out. Manager Burns said that consultations with grant writer Fred Fox resulted in a grant request of $75K for Cherokee Park development. He also related that the demolition of the house on the property could be included for payment with grant funds. If it was decided to wait on the demolition until the upcoming grant cycle is finalized, Manager Burns said that one of the town employees would like to rent the house, which could provide interim security and some clean-up. Commissioner Tucker moved to table the issue but the Commission decided that they didn’t want to wait until next month to make the decision. After much discussion about liability and legality with Attorney Chesser, Commissioner Garcia moved that as long as the rental would generate no costs to the Town and is free of hazards which would make it unlawful to rent, he and Town Manager Burns would work on a restrictive lease contract that would include necessary Town protection clauses as advised by the Town Attorney. Commissioner Reeves seconded the motion and it passed 3-2 with Commissioners Henderson and Tucker voting nay.

NEW BUSINESS:

I. TOWN RESIDENTS' TIME - MAYOR COMBS – The attending town residents had no new business at this time in the meeting.

II. RESOLUTION 2002-01 – CHEROKEE PARK FRDAP GRANT – The Commission discussed the resolution and pointed out one error (change Town Council to Town Commission). Commissioner Henderson moved to approve the FRDAP grant resolution with the change. Commissioner Garcia seconded the motion and it passed unanimously.

MAYOR COMBS REPORT:

I. OKALOOSA COUNTY LEAGUE OF CITIES REPORT – Mayor Gary Combs reported that 150% of the Okaloosa County League of Cities “talk” was about the one-cent sales tax referendum. He also mentioned that he requested that the Town of Shalimar be broken out correctly on the rezoning maps when the subject came up.

COMMISSIONER TUCKER'S REPORT:

I. FY01 FINANCIAL STATUS REPORT – Commissioner Tucker passed out the final 2001 spreadsheet. She pointed out that projected revenue did not match the money collected to date and that this is normal. She stated that she is hoping that, due to economic developments and world news, the actual 2002 income is not less than what is anticipated in the budget. If it is, the budget may need to be readjusted.

II. COUNTY ONE-CENT SALES TAX REFERENDUM – October 16 is the day for voting on this issue. Commissioner Tucker has requested attendance from 4 p.m. to 6 p.m. on October 15 to hold “vote yes” signs in front of the marquee. Deputy Town Clerk Tina Smith will send out an e-mail reminder on Monday.

III. FY02 BUDGET STATUS – A lot of what happens this year in the town depends on whether or not the penny sales tax is passed.

COMMISSIONER GARCIA'S REPORT:

I. CHOCTAWHATCHEE BASIN ALLIANCE CONFERENCE – Commissioner Garcia mentioned that at the last conference, he learned that the town could add a fee to residential water bills for storm water management. The Commission decided that this is something that could be considered pending the outcome of the one-cent sales tax vote.

COMMISSIONER REEVES' REPORT:

I. TOWN SERVICES – Commissioner Reeves will get the town an estimate for covering the Commission table and the construction and covering of a podium.

COMMISSIONER HENDERSON'S REPORT:

I. HIRING PROGRESS – Commissioner Henderson briefed that all three of the new officers are in training and all are progressing at different rates.

II. POLICE SCHEDULES – A copy of the police schedules are in the Commissioners’ boxes.

III. LETTER OF APPRECIATION TO SHALIMAR YACHT BASIN – Commissioner Henderson asked that the town write a letter to the new owners of the Shalimar Yacht Basin thanking them for making the Yacht Basin improvements (landscaping and painting) and deciding on the new color scheme for the painting. Deputy Town Clerk Tina Smith will work with Commissioner Henderson to draft up the letter to be signed by Mayor Gary Combs.

POLICE REPORT:

I. MONTHLY ACTIVITY REPORT – Sergeant Charles Self asked if the included monthly activity report was necessary since it is derived from the Weekly Activity Reports’ totals. Commissioner Tucker asked if a monthly activity report database could be created to include totals from previous years so that comparisons could be made. Nothing will be included in the Commission Meeting folders, but results from the database should be available when needed. Commissioner Henderson asked if there were any plans for biking or walking patrols and Sergeant Self explained that they had already been making regular walking patrols.

TOWN MANAGER UPDATE:

I. TOWN MANAGER REPORT – Town Manager Tom Burns explained that he has been working with the City of Cinco Bayou on a Homestead Exemption ordinance for the Town of Shalimar. Commissioner Tucker stated that she thought that this had already been approved and Manager Burns should look into it. Manager Burns also brought up the PAWS situation and Mayor Combs asked that Manager Burns draft a letter requesting a response to his previous letter that suggested that the Town of Shalimar pay PAWS on a “per incident” basis. Commissioner Henderson asked Manager Burns if anything was being done about the stop sign at the end of Gardner Drive that was ruined by some county workers. The town residents present also inquired about the landscaping damaged along Eglin Pkwy. Manager Burns explained that it was being taken care of by the Maintenance Department Supervisor, Jeff Dowda, and that the people who ruined it will fix it. Mayor Combs then asked the Police Department to start enforcing the restricted “no left turn” sign at the intersection of Gardner Drive and Eglin Pkwy. Commissioner Henderson moved to remove the sign altogether and it was seconded by Commissioner Reeves. The motion failed to pass by a 2-3 vote. A discussion ensued and Commissioner Garcia suggested that they not remove the sign. Mayor Combs asked Sergeant Self to make up a flyer for residents on and around Gardner Drive to inform them that the sign WILL be enforced.

ANNOUNCEMENTS:

OCTOBER 16, 2001 – GET OUT AND VOTE!!

OCTOBER 31, 2001 – PLANNING AND ZONING MEETING

ADJOURNMENT: Commissioner Henderson moved to adjourn the Town Commission meeting at 7:22. Commissioner Tucker seconded the motion and it passed unanimously.