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CC 07/28/2014 Minutes
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CC 07/28/2014 Minutes
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City Clerk - Doc Type
Minutes
City Clerk - Date
7/28/2014
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CASSELBERRY CITY COMMISSION <br />Minutes of July 28, 2014 — Regular Meeting <br />Page 9 of 13 <br />Commissioner Fly asked specifically how Mr. Fraleigh had violated these rules, and Ms. Reischmann replied <br />that it was a question of fact for the Commission and the Mayor had made that determination. She explained <br />that if a Commissioner disagrees with the Mayor's determination, the procedure that would occur would be that <br />the Commissioner had the right to call a Point of Order, and then the Commission would vote to either uphold <br />the Mayor's ruling or overturn it; however, the speaker did not have the right to continue to speak when the <br />presiding officer had determined that he was causing a disturbance. <br />Commissioner Fly called attention to the fact that Mr. Fraleigh had sat down at the Mayor's direction, and he <br />inquired of the Mayor what Mr. Fraleigh had done that she felt was out of order. Mayor Glancy advised <br />Commissioner Fry that this was not a debate and the Commission needed to proceed with the meeting. <br />Commissioner Fry indicated that he felt it was, in fact, a debate and he had called for a Point of Order. Vice <br />Mayor Hufford stated she was in support of the Mayor's determination and agreed the meeting should proceed. <br />She added that she felt Mr. Fraleigh was out of order when he began directing his comments directly to the <br />Mayor and not to the Commission as a whole. Commissioner Fry again requested clarification as to in what <br />manner Mr. Fraleigh was disruptive. <br />Ms. Reischmann explained the procedure in the event of a Point of Order, stating that if the Mayor made a <br />ruling and a Point of Order was called, then the Commission would debate the issue and either uphold the <br />Mayor's decision or not. <br />Mayor Glancy polled the remaining Commission members as to their support or opposition to the <br />determination she had made that Mr. Fraleigh was causing a disturbance. Vice Mayor Hufford again expressed <br />her support of the Mayor's decision, as did Commissioner Solomon. Commissioner Aramendia indicated he <br />wished to proceed with the meeting. <br />Mr. John Casselberry, 700 South Lost Lake Lane, stated he felt the City should not commit to <br />purchasing the bowling alley property at this time, but instead should explore the possible <br />uses of the existing building. He added he did not believe the Police Department should be <br />relocated. <br />No one else came forward. <br />Ms. Reischmann called the Commission's attention to some differences between the contract being <br />considered now and the previous one. She advised that the contract was now an "as is/where is" <br />contract so there would be no hazardous materials affidavit which would normally be required. She <br />added that it did not appear there had been hazardous materials on the site; however, that would be <br />something that would be determined during the due diligence period. She also noted that the Seller <br />and Buyer would be splitting the cost of the doc stamps, which would be an additional $3,000 cost to <br />the City and that there was a provision that the Seller would be responsible for repairs for the period <br />between contract and closing, but only had liability up to $25,000; therefore, if a fire or other <br />catastrophic event occurred during that period, the City would have the option to terminate the <br />contract if it desired. She advised that another change was that if there was a title problem which <br />would cost in excess of $25,000 to cure, the Seller would not cure the problem; it would be up to the <br />City to terminate the contract or cure the title problem itself. She did note that any title problems <br />should be discovered fairly quickly during the due diligence period. In response to a question from <br />
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