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
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Mayor Gary Combs : absent |
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Commissioner Jerry McCallister: present |
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Commissioner Ursel Behnken: present |
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Commissioner Ricardo Garcia: absent |
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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:
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I. |
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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:
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I. |
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RESOLUTION
2006-01 – Commissioner Wagner moved to approve Resolution 2006-01.
The motion was seconded by Commissioner Behnken and passed
unanimously. |
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II. |
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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:
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OCTOBER
26, 2005 – PLANNING AND ZONING MEETING, 6:00 P.M. |
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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.