Town of Shalimar

Town Commission Meeting Minutes

October 11, 2005

 

CALL TO ORDER – Commissioner Jerry McCallister called the meeting to order 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 :  absent

 

Commissioner Jerry McCallister:  present

 

Commissioner Ursel Behnken:  present

 

Commissioner Ricardo Garcia:  absent

 

Commissioner Glenn Wagner:  present

 

Others in attendance:  Town Manager Tom Burns, Police Chief John Cash, Town Attorney Mike Chesser, Deputy Town Clerk Tina Smith, Johann Behnken and Brad Gable with the Planning and Zoning Board and residents Richard and Helen Hoffert, Cristobal Bailon and Candis Carrillo.

 

PLANNING AND ZONING BUSINESS:  Minutes attached – The business from the Planning and Zoning Meeting resulted in an ordinance amended to redefine a Marina.  Consideration for this ordinance is also listed below under new business.

 

TOWN RESIDENTS' TIME:  Engineering update

Town Manager, Tom Burns, briefed the board that the town had picked an engineering firm, Polyengineering.  He will be meeting with the stormwater expert on October 20 discuss the scope of flooding mitigation efforts.  The engineering contract is at the attorney’s office awaiting input and will be signed before the next meeting by both parties.  Commissioner Behnken moved to allow Mayor Combs to sign the engineering contract.  Commissioner Wagner seconded the motion and it passed unanimously.  Attorney Chesser informed the board of his recommended changes to the contract:

1)  Should be changed to a monthly billing cycle

2)  Should be changed to allow for either party to end contract if both parties agree

3)  Should be changed so that the town will own the project materials (Art. 7, page 15)

4)  Limitation of Liability language should be looked at (page 17)

 

Commissioner Behnken amended her original motion to allow Mayor Combs to sign the contract with concurrence of Attorney Chesser’s changes.  Commissioner Wagner seconded the motion and it passed unanimously.

 

The owner of 10 Cherokee Road, Cristobal Bailon, who also resides in the town at 11 Plew, received a letter from the town that the home at 10 Cherokee had to be ready for occupancy by the end of September.  Mr. Bailon asked the commission for an extension relaying that the house should be ready to live in by the end of January.  Commissioner Behnken moved to extend the deadline for the renovation of 10 Cherokee Road until January 31, 2006.  Commissioner Wagner seconded the motion and it passed unanimously.

 

TOWN ATTORNEY'S REPORT:  The Commission asked Attorney Chesser to review a recent drug bust/vehicle and money seizure case.  Attorney Chesser reviewed the file but was unable to talk to the judge or D.A., but he believes that the Police Department did nothing wrong and there’s no reason the Department’s credibility was questioned. 

 

OLD BUSINESS:

I.

 

APPROVE MINUTES FROM THE SEPTEMBER 13, 2005 TENTATIVE BUDGET HEARING, THE SEPTEMBER 13, 2005 TOWN COMMISSION MEETING, AND THE SEPTEMBER 20, 2005 FINAL BUDGET HEARING – Commissioner Wagner moved to approve the minutes from the September 13, 2005 Tentative Budget Hearing, September 13, 2005 Town Commission Meeting, and September 20, 2005 Final Budget Hearing as written.  The motion was seconded by Commissioner Behnken and passed unanimously.

 

NEW BUSINESS:

I.

 

RESOLUTION 2006-01 – Commissioner Wagner moved to approve Resolution 2006-01.  The motion was seconded by Commissioner Behnken and passed unanimously.

II.

 

ORDINANCE 2006-03 – Redefining Marina and charging a fee for live-aboards – There was much discussion about this ordinance.  Attorney Chesser believes that there are too many holes in the ordinance the way it is and the town is opening itself up for a lawsuit.  He asked if Manager Burns would get similar ordinances from other cities, rework this ordinance, and readvertise for a first and second reading.

 

MAYOR COMBS’ REPORT:  Mayor Combs was not present.

 

COMMISSIONER GARCIA’S REPORT:  Commissioner Garcia was not present.

 

COMMISSIONER MCCALLISTER’S REPORT:  Commissioner McCallister briefed that if the Rob Harrell’s property is purchased by the town, the board will have to amend the FY 06 budget.  Also, the auditors called and would like to start their field work at the end of the month.

 

COMMISSIONER BEHNKEN’S REPORT:  Commissioner Behnken noted that there was a broken water meter lid in the grassy area before the Dental Surgery building.  Manager Burns said that he would inform the county.

  

COMMISSIONER WAGNER’S REPORT:  Commissioner Wagner had nothing to report.

 

POLICE REPORT:  Chief Cash had already left but the department’s report is attached.

 

TOWN MANAGER UPDATE:  Manager Burns reported on the status of the 1955 Chevy.  Gator Paint and Body is supposed to get a parts list to the town soon.  He knows that the town wants the car back by the end of November.

  

ANNOUNCEMENTS:

 

OCTOBER 26, 2005 – PLANNING AND ZONING MEETING, 6:00 P.M.

 

NOVEMBER 8, 2005 – NEXT COMMISSION MEETING, 6:00 P.M.

 

ADJOURNMENT:  Commissioner Wagner moved to adjourn the meeting at 7:34 p.m.  The motion was seconded by Commissioner Behnken and passed unanimously.