TOWN OF SHALIMAR

COMMISSION MEETING

MINUTES

NOVEMBER 14, 2000

The regular meeting of the Shalimar Town Commission was called to order by Mayor Gary Combs at 6:03 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 Tom Callen – present

Commissioner Gene Brown – present

Commissioner John Henderson – absent

Commissioner Elaine Tucker – present

Others in attendance: Director of Finance Tom Burns, Town Administrator Jill Vanstraten, Police Chief John Blackburn, Sgt. Gary Loafman, Paul Hartzog of Decks-n-Such Marine, Doc Savage of Diamondhead Constructors, and resident Brock Fisher.

P & Z RECOMMENDATIONS:

I. NO MEETING WAS HELD IN OCTOBER

OLD BUSINESS:

I. APPROVE MINUTES OF OCTOBER 10, 2000 TOWN COMMISSION MEETING - Comm. Tucker discussed the issue of amending the section on the Status of the Right Hand Turn Lane - Cherokee Road - to add a sentence pertaining to the cost of BCM's proposal to do the engineering work. The sentence was added and the minutes amended. Comm. Callen moved to approve the minutes as amended. Seconded by Comm. Tucker and passed unanimously.

II. STATUS OF RACETRAC LAWSUIT - Attorney Mike Chesser was not in attendance, therefore the status of lawsuit was not discussed. However, Comm. Tucker stated the possibility of a new mandatory policy of Mr. Chesser attending all commission meetings.

III. STATUS OF PARK GRANTS - Town Clerk Tom Burns stated that we had received a reply letter from the Department of Community Affairs in Tallahassee stating that some Meigs Park costs were disallowed by the state. The paperwork concerning Meigs Park is still pending. Mayor Combs directed Staff to make closing the grant a priority.

IV. TOWN HALL RENOVATION - Item to be discussed under New Business Item III.

V. STATUS OF GRANT FOR TOWN HALL ROOF - Item to be discussed under New Business Item II.

VI. STATUS OF PROPERTY ACQUISITION - CHEROKEE ROAD - Mayor Combs and Mr. James Butch Rials, property owner, signed a contract allowing the purchase to be extended to a deadline of October 1, 2001. This will allow the Town to purchase the property with grant money if it is approved in the next Legislative session in Tallahassee.

VII. STATUS OF RIGHT TURN LANE - CHEROKEE ROAD - Maintenance Supervisor, Jeff Dowda, received a telephone call from the owner of Herndon Oil, (Shell Service Station) to schedule a meeting to discuss future plans of the right turn lane. An engineering firm to do the work required for a DOT permit will be chosen at a later date

VII. CHIEF BLACKBURN'S RETIREMENT - Item to be discussed in Commissioner Henderson's Report.

NEW BUSINESS:

I. TOWN RESIDENT'S TIME - None.

II. OPENING OF FEMA GRANT BIDS, PROJECT NUMBER 1249-0068 - Mayor Combs assigned the bid opening process to Town Clerk Tom Burns. Comm. Tucker opened the bid envelopes and Mr. Burns wrote the bid proposals on the board for display. Three contract bids were placed on the board as follows:

Diamondhead Contractors: $51,635.00

Decks-n-Such Marine: $35,520.00

Burnette Construction: $35,801.00 (26GA) and $41,800.00 (22GA)

The Burnette Construction proposal included two separate bids with different gauge roofing material to be used in construction. Each contractor was given a five-minute opportunity to make a statement explaining his bid and describing the work that would be performed. Burnette Construction was not represented, so Mr. Savage of Diamondhead Constructors and Mr. Hartzog of Decks-n-Such Marine each spoke about their respective proposals. This time also included discussion about the bid for Project 2001-01 since each contractor also placed a bid for this project. Comm. Callen moved to accept Diamondhead Constructor's bid for Project 1249-0068. Comm. Tucker seconded the motion and it passed unanimously.

III. OPENING OF BIDS, PROJECT 2001-01 - Mayor Combs assigned the bid opening process to Town Clerk Tom Burns. Comm. Tucker opened the bid envelopes and Mr. Burns wrote the bid proposals on the board for display. Two contract bids were placed on the board as follows:

Diamondhead Contractors: $45,320.00

Decks-n-Such Marine: $54,900.00

More discussion was presented on the scope of work involved by each contractor and Town Clerk Tom Burns opened a question and answer session between the Commissioners and the contractors present. Comm. Callen asked if they were both state certified, response from each was yes. Comm. Tucker was concerned with a manager to oversee the project and if it was beneficial to have the same contractor on both projects. Mayor Combs responded with yes and asked the Commission to appoint Town Clerk Tom Burns as the Project Manager to oversee both Projects, 1249-0068 and 2001-01. Comm. Tucker moved to appoint Tom Burns as the Project Manager for 1249-0068 and 2001-01. Comm. Callen seconded the motion and it passed unanimously. Mayor Combs then proceeded with questions concerning termites and how either contractor would handle that situation. Responses were the same from both contractors, as they would take care of termites should they come across any. Town Clerk Tom Burns then asked various questions concerning the new bathrooms, light fixtures, doors and door facings, and the front patio. Each contractor answered according to how each would handle the various tasks involved with the scope of work Mr. Burns presented. Mayor Combs then opined that both contractors were qualified. Finances were discussed among the Commissioners and it was stated that a more in-depth discussion would take place at the next Commission Meeting concerning the subject. Comm. Callen moved to accept Diamondhead Constructor's bid for Project 2001-01. Comm. Tucker seconded the motion and it passed unanimously.

IV. APPROVE RESOLUTION 2001-02 -- FMPTF PENSION PLAN AMENDMENT - Mayor Combs stated that this resolution was sent to Town Attorney Mike Chesser's office and he approved it with no regret. Comm. Callen moved to approve the resolution and Comm. Tucker seconded the motion. It passed unanimously.

V. APPROVE RESOLUTION 2001-03 -- ADMINISTRATIVE POLICY AMENDMENT - Comm. Callen moved to approve the resolution. Seconded by Comm. Tucker and passed unanimously.

VI. APPROVE RESOLUTION 2001-04 -- CHEROKEE PARK DEVELOPMENT - Comm. Callen moved to approve the resolution. Seconded by Comm. Tucker and passed unanimously.

VII. APPROVE RESOLUTION 2001-05 -- COUNTY WATER CONSERVATION PROJECT - Comm. Callen moved to approve the resolution. It was seconded by Comm. Brown and passed unanimously.

MAYOR COMBS REPORT:

I. TOWN ENGINEERING CONTRACT - BCM - Mayor Combs discussed the issue of BCM not responding to the Town. He stated he would draft a letter to terminate their engineering services as soon as possible. He will have more information at the next Commission meeting.

II. WRITTEN REQUEST FROM RESIDENTS -

· SHALIMAR YACHT BASIN BUFFER ZONE - Mayor Combs stated that the buffer zone has been mowed, and the resident concerned with this was relatively pleased with the outcome.

· TRAFFIC SIGNS ON SHALIMAR DRIVE - Due to resident complaints, Comm. Callen discussed the issue of placing two new stop signs at the curve on Shalimar Drive near the North end of Garnier's Cay. Along with the stop signs, he suggested placing a hazardous reflective strip on the wall where the road ends. Discussion ensued among the Commissioners, Mayor Combs, and Chief Blackburn concerning the proper placement of the signs and reflective striping. Tom Burns detailed the discussion with a drawing of the intersection on the board. Comm. Callen moved for the placement of two new stop signs and hazardous reflective striping on Shalimar Drive. Seconded by Comm. Brown and the motion passed unanimously.

· PLEW AVENUE CLEAN UP - Mayor Combs stated if the clean up of Plew Avenue was not completed by the close of business on Friday, November 17, 2000, the Town would clean the area and charge the resident for expenses incurred.

III. OKALOOSA LEAGUE OF CITIES - Mayor Combs attended a meeting November 2, 2000 the League of Cities concerning the Yellow River Water Conservation Effort.

IV. EMPLOYEE APPRECIATION ACTIONS - Mayor Combs expressed his regret concerning his program of employee appreciation because of a feeling of unfairness expressed by a salaried employee. He stated that the Town would no longer have such categories as "Employee of the Year". However, employees will be appreciated according to job performance with rewards such as a day off without subtracting from the employee's leave total.

V. CY01 GOALS - Mayor Combs requested that all Commissioners have some Town goals listed by the next Commission meeting.

COMMISSIONER TUCKER'S REPORT:

I. FY 01 FINANCIAL STATUS - Comm. Tucker stated that the financial status of the new fiscal year looks good. She also discussed her request that the Town newsletter be mailed out no later than December 15, 2000. She stated that she would like to conduct a staff meeting after the new police officers were hired to give the new employees a sense of the Town's goals for the upcoming year.

II. STATUS OF FY00 AUDIT - Comm. Tucker stated that the auditors would be here on Thursday, November 16, 2000 to begin the audit of FY00.

III. RETIREMENT PLAN ALTERNATIVES (TOWN 401K) - Town Clerk Tom Burns will continue to receive/evaluate retirement plan options.

COMMISSIONER CALLEN'S REPORT:

I. STORM WATER DRAINAGE / BEAVER POND UPDATE - Comm. Callen reported that this issue appeared to be out of the town's control. The issue will be re-evaluated, if necessary.

COMMISSIONER BROWN'S REPORT:

I. TREE ORDINANCE - Comm. Brown stated that the Tree Ordinance was still being worked on. With assistance from the Town Clerk, Tom Burns, the commissioner provided everyone with a rough draft of how Shalimar's ordinance will be similar to the Town of Cinco Bayou's. He discussed the possibility of the actual tree ordinance for the Town as a new chapter in the Land Development Code. Mayor Combs stated that he would like a draft of that new chapter by the next commission meeting.

II. CHRISTMAS DECORATION UPDATE - Comm. Brown discussed the Christmas lights being put up along Clifford Street by the Town marquee. Maintenance Supervisor, Jeff Dowda explained the system of wiring the lights, and Tom Burns stated that the Town had ordered poinsettia's that would be placed around the Town Hall.

COMMISSIONER HENDERSON'S REPORT:

I. SEE ATTACHED MEMORANDUM - Comm. Henderson was not present at this meeting, so the Mayor conducted discussion concerning the commissioner's memorandum. Mayor Combs stated that the Town might need to advertise for one more part-time police officer. Officer Self will begin working for the Town full-time starting around the 24th of November. Another Officer, Mr. James Spires, will also begin work at that time. Mayor Combs stated that until the Town makes a decision on a new Chief, he is concerned that the Town needs an acting police chief after Chief Blackburn retires. Comm. Callen moved to appoint Sgt. Gary Loafman as Acting Police Chief. The motion died due to no second. Comm. Tucker stated she was concerned that this decision should not be made until Comm. Henderson was present. She also stated that "Acting Police Chief" should be changed to "Interim Police Chief". Comm. Callen moved to appoint Sgt. Gary Loafman as Interim Police Chief upon approval of Comm. Henderson. Seconded by Comm. Brown, motion passed 2-1 with Comm. Tucker opposed. Mayor Combs then outlined his intentions concerning the Town's inability to give Chief Blackburn the same amount of severance pay as Sgt. Dickerson. He stated that the severance pay was an incentive to stagger the retirements of Chief Blackburn and Sgt. Dickerson. The Mayor stated he does not want to set any precedence concerning severance pay for retiring employees; he explained that is was more like a reward for long-time employment. Comm. Callen moved to approve the recommendation of Commissioner Henderson as stated in the Commissioner's memorandum to give Chief Blackburn $2500.00 in severance pay. Seconded by Comm. Tucker. Motion not voted on due to discussion. The mayor discussed his intention of giving Chief Blackburn one month's salary of $2,769.96 with retirement pay instead of severance pay of $2500.00. He would like to give this money to him in January 2001 to relieve the tax burden on Chief Blackburn. Discussion ensued among the mayor and the commissioners concerning the legality of the offer. The mayor stated that is was legal, and gave the option to the Chief to make a decision as to whether he wanted the money now or later. Comm. Tucker explained that the Town would pay everything the Chief is owed and he himself could make the decision on when to receive his pay. Comm. Callen moved to amend his motion by giving Chief Blackburn one month's salary of $2,769.96 instead of $2500.00 payable in December or January pending the Chief's decision of which month he preferred. Comm. Tucker seconded the amended motion. The mayor then instructed Chief Blackburn that the decision was his to make at any time and he could amend his decision with approval of Comm. Henderson. Motion then voted on and passed unanimously.

POLICE CHIEF'S REPORT: Sgt. Loafman read the monthly activity report for October 2000. See attached.

ANNOUNCEMENTS:

NOVEMBER 23, 2000 - OFFICE CLOSED FOR THANKSGIVING

NOVEMBER 29, 2000 - P & Z MEETING 6:30 P.M.

DECEMBER 12, 2000 - TOWN COMMISSION MEETING 6:00 P.M.

Mayor Combs stated that the Town Hall would be closed November 24, 2000 in addition to the regular Thanksgiving holiday.

ADJOURNMENT: Comm. Callen moved to adjourn the meeting at 9:01 p.m. Seconded by Comm. Brown and passed unanimously.