The meeting was called to order by the Board Chairman Jimmy Jones at 6:01 p.m.

ROLL CALL FOR THE RECORD:

Others present:  Town Manager Tom Burns, Residents LaTeresa Brice, James Savage, Franklin Burndette, B. Hall, Richard Hoffert, Helen Hoffert, Ursel Behnken, Dr. Martinez, Loise Johnson, Bernard Johnson, T. Simpson, Patrick Dulian, Mack Kirkland, Jeremy Pope, Judy Pope, Emily Guest, John Pope, Gloria Kane, Amy Powers, Brad Gable, Courtney Gable, Jim Foley, Roger Goodman, Bertha Burns, Hulda Mahen, Kevin Sherman, Haris Peraldi, Todd Hancock, Melanie Wood, Scott Wooley, Joe Wood, Thomas Rawlings, John Henderson, Maclin Williams, Mark Rubin, Lynn Donimique, Terre Dominique, Wilfredo Castillo, Blanche Ferson, Charlotte Hoover, David Diep, Shown Rubin, Bob Strauss, Wanda Bernuche, Elaine Tucker, Jon Sheperd, and Ame LeMay from Choctaw Engineering.

OLD BUSINESS:

I.  APPROVE MINUTES FROM July 8, 2004 special meeting :  A motion was made by Member Dove-McLain to approve the minutes of the  July 28, 2004 meeting as written.  The motion was seconded by Member Wagner and passed unanimously.

NEW BUSINESS:

I.  PUBLIC HEARING - ZONING CHANGE PETITION :  Chairman Jones asked Manager Burns to read the letter from Choctaw Engineering.  The letter basically stated that the petitioner asked to delay the zoning change request again.  In addition to Manager Burns reading the letter, Chairman Jones pointed out a few key notes to the audience as follows:

• The planning and zoning positions are voluntary, not paid positions.

• The planning and zoning board makes recommendations to the elected town commissioners.

• All documents presented before the board are public documents, they may be reviewed at any time once they have been presented to the board.

• The zoning change meetings will be a quasi-judicial forum, and all testimony presented will be sworn.  People that are not members of the town, but are affected, are allowed to present testimony.  Testimony should be precise and can be registered through Manager Burns.  Testimony time may be limited if a very large number of people wish to speak.  Those who do not register with Manager Burns will speak last.

• All roads surrounding the Shalimar Yacht Basin are owned by the Town of Shalimar .

• According to the town codes, the planning and zoning board may request a preliminary development plan. 

Member Behnken made a motion to recommend that the planning and zoning board send a letter to the petitioner and require them to make a submission according to section 82-28 to the planning and zoning commission.  Member Wagner seconded the motion and it was passed unanimously.

Chairman Jones also stated that we should recommend that the petitioner have a preliminary development plan to submit at the next meeting so the board and the public may have time to prepare their testimony.

Member Behnken amended his motion to recommend that the planning and zoning board send a letter to the petitioner and require them to make a submission to include section 82-28 and to submit a preliminary development plan two weeks prior to the next scheduled planning and zoning meeting.  Member Wagner seconded the motion and it was passed unanimously.

Chairman Jones also noted that the preliminary development plan should also include section 82-187 and chapter 58 of the town codes.

Member Behnken amended his motion to recommend that the planning and zoning board send a letter to the petitioner and require them to make a submission to include section 82-28 and to submit a preliminary development plan two weeks prior to the next scheduled planning and zoning meeting.  The preliminary development plan should also include section 82-187 and chapter 58 of the town ordinance codes.  Member Wagner seconded the motion and it was passed unanimously.

Manager Burns read the original zoning change request to the audience, and advised that if any person would like a copy of the zoning change request, he would provide them.  Chairman Jones provided an opportunity for the audience to make comments (not testimony) about the information that was given at the meeting.

ADJOURNMENT:  A motion was made by Member Dove-McLain to adjourn the meeting.  Member Behnken seconded the motion and it was passed unanimously.  The  meeting was adjourned at 6:13 p.m.