10 MAY 06.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on May 6, 2010 at the regular meeting place of the Council.
Alderman Smith delivered the invocation and Mayor Fletcher led a standing
audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Ferrell,
Stroud, Twitty, and Howard answered roll call. Mayor Fletcher also
answered ROLL CALL declaring a quorum. Alderman McCleary arrived at
approximately 7:04 p.m. PRESENT TEN (10), ABSENT (0).
Others present for the meeting were: Director of Administration Jim
Durham, City Engineer Jay Whisker, Public Works Director Jim Oakley, CDBG
Director Theresa Watson, Fire Battalion Chief Joe Bratton, Police Chief
Gary Sipes, Human Resource Director Jill Ross, Director of Information
Technology Barbara Daniel, Assistant Finance Director Cheryl Erkel, Parks
and Recreation Director Kristen Griggs, 911 Communications Director Tabby
Hughes, Mrs. Glenda Fletcher, Mrs. Marie Fletcher, Mrs. Addie Gibson, Mr.
Ivory Tillman, Mr. Rizelle Aaron, Mr. Chris Wright, Mr. Jim Moore, Mr.
Jerry Reichenbach, Mr. Barry Heller, Mr. Dickie Penn, Mr. Mike Wilson,
interested citizens, and members of the press.
PRESENTATION OF MINUTES:
Mayor Fletcher presented the minutes of the regular City Council meeting
of April 15, 2010 for approval and/or correction at the next regularly
scheduled City Council meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Stroud that the minutes of the
Regular City Council Meetings of 1 April 2010 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT
Alderman Ray moved, seconded by Alderman Stroud to approve the Regular
Monthly Report for April 2010.
PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED
Building Permits 23 Building Inspections 63
Business License 10 Electrical 49
Plumbing 29
HVACR 63
UNSIGHTLY & UNSANITARY VEHICLES
Grass Letters 456 Notice of Noncompliance 16
Property Mowed 13 Towed 0
Trash Letters 1 CONDEMNATIONS
Trash Removal 1 Structural Maint. Letter 0
Property Maint. Letters 45 Structural repairs made 0
Cost $ 715.00 Demolitions 0
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
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CITATIONS WARRANTS
Debris & open storage 0 Arrest 0
Property maintenance 0 Search 0
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Stroud to approve the Regular
Monthly Animal Control Report for April 2010. Said report reflects:
ADOPTION/FINES: $4,030.00
CONTRIBUTIONS: $ .00
TOTAL: $3,372.00
ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker,
Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT: RESOLUTION 647 (#9-2010)
A RESOLUTION OF INTENT DESIGNATING AND AUTHORIZING JACKSONVILLE WATER
COMMISSION, D/B/A JACKSONVILLE WATER WORKS, TO IMPLEMENT AND SUPPORT THE
JACKSONVILLE WATER WORKS SYSTEM IMPROVEMENT PROJECT, AGREEMENT NO. 00798-
DWSRF-L; AND, FOR OTHER PURPOSES.
City Attorney Bamburg reminded the City Council that at the previous City
Council meeting a Resolution involving the signature and bond issue were
combined, explaining that Resolution 647 (#9-2010) separates those
issues. He stated that Resolution 647 (#9-2010) only addresses the bond
issue.
Alderman Ray moved, seconded by Alderman Stroud to read Resolution 647
(#9-2010). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Resolution 647 (#9-2010).
Alderman Smith moved, seconded by Alderman Ray to approve Resolution 647
(#9-2010) in its entirety. MOTION CARRIED.
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT: PRESENTATION: Ambulance Service Expansion
Battalion Chief Joe Bratton explained that currently the Fire Department
runs two paramedic ambulances for the City, one located at Station #1 and
the other at Station #2. He offered that along with a private contract
service for transports that was added in 1989, this level of service has
been offered as far back as 1984. He stated that back in 1984 their
average number of runs per day was two, adding that now they average
eight runs daily. He stated that run volume continues to increase. He
related the Fire Department has had to press the reserve/back-up
ambulance into service more frequently or rely on the private contractor
to help meet emergency response needs. He related that the back-up
ambulance will be moved into full service and staffed with existing
personnel to meet the growing needs of citizens. He added that the
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
back-up ambulance would be placed at Station #3 on John Harden Drive. He
explained that area is their longest response time area, adding that it
will additionally used to cover the Little Rock Air Force Base. He
stated that they are anticipating a decrease in response time from 2 to 3
minutes. He related that by using an existing unit and existing
personnel there should be zero costs. He noted that the only funds spent
were getting the ambulance stocked with the same level of care and
equipment as the other two units in service. He stated that he feels in
the long-term the only additional expense might be some personnel
overtime but if any the cost would be minimal. He then noted that later
there might be a request for a replacement ambulance so one can be held
in reserve.
In response to a question from Alderman Elliott, Battalion Chief Bratton
responded that the Fire Department has applied for personnel grants but
have not found any suitable for vehicles. He related that they recently
received a $20,000.00 State grant that helped with supplies for this
expansion.
Mayor Fletcher noted that the Jacksonville Ambulance Service is far less
expensive than other communities, noting that the comparable price of
$400.00 for an ambulance run to $800.00 in other communities for the same
level of service. He commended the Fire Department for their
professionalism provided to the community.
Discussion ensued regarding the supplement funds used to augment the
Ambulance Fund, Battalion Chief Bratton noted that it would be hard to
find quicker response times, better level of care, or any better level of
personnel than is found in the City of Jacksonville.
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION: ORDINANCE 1403 (#8-2010) PUBLIC HEARING
AN ORDINANCE VACATING AND CLOSING A PORTION OF BERTHA STREET,
JACKSONVILLE, ARKANSAS (GENERAL LOCATION: A PORTION OF BERTHA STREET
BETWEEN NORTH JAMES AND JEFF DAVIS STREETS, JACKSONVILLE, ARKSANSAS);
AND, FOR OTHER PURPOSES.
Mayor Fletcher opened the public hearing at approximately 7:10 p.m.
City Engineer Whisker answered that the closing is a half length of
Bertha Street; explaining that the Street extends from James Street to
Jeff Davis. He then related that the owners of the adjacent properties
are requesting to close the half between their properties. He stated
that the Street was never built, adding that it has an open ditch storm
drain from Second Baptist Church to Jeff Davis. He stated that the
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
closure would be the west half of the Jeff Davis side. He then noted that
the utilities and the storm drain would remain in place as an easement in
care of the City.
Alderman Elliott moved, seconded by Alderman Smith to place Ordinance
1403 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Ordinance 1403.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1403
on FIRST READING and to suspend the rules and place Ordinance 1403 on
SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing,
Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1403.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1403
on SECOND READING and further suspend the rules and place Ordinance 1403
on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith,
McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1403.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1403 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary,
Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1403 THIS 6 DAY OF MAY 2010.
GENERAL: a. PRESENTATION Keep Jacksonville Beautiful Volunteer Citizen
Award
Alderman Howard recognized Mr. Barry Heller regarding his work for the
Keep Jacksonville Beautiful Organization, noting that Mr. Heller has gone
above and beyond the call of duty as a volunteer.
Public Works Director Jim Oakley presented Mr. Barry Heller with a plaque
of appreciation recognizing his continuous long-term service to keep
Jacksonville beautiful.
b. RESOLUTION 646 (#8-2010)
A RESOLUTION AUTHORIZIANG THE MAYOR OF THE CITY OF JACKSONVILLE TO SUBMIT
A GRANT FUND APPLICATION TO THE ARKANSAS COMMUNITY AND ECONOMIC
DEVELOPMENT PROGRAM FOR THE CONSTRUCTION OF A DETENTION POND TO MITIGATE
FLOODING IN THE BEECHWOOD SUBDIVISION OF JACKSONVILLE, ARKANSAS; AND FOR
OTHER PURPOSES.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
City Engineer Whisker stated that Resolution 646 is the last step in the
green application process to mitigate flooding in the Beechwood
Subdivision. He noted that Pinon and Leonard are the Streets involved in
Beechwood located off Loop Road, explaining that it is a mobile home
subdivision. He noted long existing problems with flooding and efforts
to address that issue. He explained that Public Works Director Jim
Oakley found an extra relief underneath the railroad tracks that was not
being used, adding that a ditch was dug to relieve flooding up to a “Y”
section. He noted that the grant is to continue the ditch into the “Y”
area, and further mitigate any flooding.
Alderman Elliott moved, seconded by Alderman Smith to read Resolution 646
(#8-2010). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Resolution 646 (#8-2010).
Alderman Stroud moved, seconded by Alderman Howard to approve Resolution
646 (#8-2010) in its entirety. MOTION CARRIED.
c. Request to accept bid for Demolition of the Manor House Apartments
City Engineer Whisker related that the recommended low bidder Lipsmeyer
Demolition is located out of Bigelow, Arkansas.
Alderman Smith moved, seconded by Alderman Ray to accept the low bid in
the amount of $87,000.00 from Lipsmeyer Demolition with funds to be drawn
from the Capital Improvement Fund. MOTION CARRIED.
d. 911 Communications Storm Warning Awareness and Protocol
911 Operations Director Tabby Hughes noted confusion for citizens
regarding the sirens, explaining that when a tornado warning is issued
for Pulaski County the sirens are sounded for one minute to let residents
know that severe weather is moving into the area. She then explained
that once the threat is determined to be moving into the City of
Jacksonville the sirens are sounded until the threat has passed, adding
that when the sirens stop that means the threat is all clear. She
related that the Communications Center monitors the weather and receives
messages from the ACIC terminal that provides weather bulletins. She
stated that the bulletins relate exactly which cities will be impacted by
either a severe thunderstorm or a tornado. She added that they are also
in contact with the Air Force Base who has a radar system that is
monitored at all times. She related that the Air Base will notify them
when any rotation is spotted on radar approaching the City limits, then
the sirens are activated. She explained a circumstance where they had
activated the sirens because the Air Base had spotted rotation north of
the City but since the County was sounding their sirens, they decided to
activate the sirens for the City of Jacksonville.
She then explained that CodeRED has options for severe thunderstorm,
tornado or flash flood, adding that CodeRED has the capability of
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
notifying residents by street address. She noted that the system is so
advanced that many times the call goes out before it is announced on the
T.V. or radio.
Mayor Fletcher encouraged everyone to sign up for the CodeRED severe
weather alerts.
Director of Administration Jim Durham noted that some people were
concerned about the number of calls received, explaining that residents
can opt for the tornado warning without having to get thunderstorm or
flash flooding calls. He then noted that the disclaimer states that it
will take two weeks for the names to be included in the data base but
added that they have been working to get the names in on a daily basis.
e. Creation of a “Go Green Committee”
Alderman Elliott explained that the State adopted Act 1494 to promote
conservation of energy and natural resources for public agencies, adding
that one mandate is that cities have to develop and implement an energy
management plan for its utilities consistent with the Arkansas Energy
Office. He stated that the City of Jacksonville is in line to develop a
plan regarding sustainability and energy management. He introduced
Danielle Shafer, a sustainability consultant for TME in Little Rock,
adding that she is a LEED professional.
Ms. Danielle Shafer informed the City Council that while she and her
husband both work in Little Rock, they preferred to purchase their home
in Jacksonville. She explained that she does project management for
sustainability building and for existing buildings. She related that she
is different from other project managers in that she is the owner
advocate, meaning that she finds cheaper and more inexpensive
alternatives to living sustainably. She explained her involvement in
locating policies and education to use those policies for their
businesses and homes. She added that she is also involved in helping the
State, noting that the governor is ready to move with several projects.
She stated that she would like to be involved with Jacksonville to help
bring that education to the City she lives in. She informed the City
st
Council that on May 21 they would be hosting the Sustainable Arkansas
Conference, offering information for City Council members to attend. She
noted that it would cover public, residential and commercial buildings.
Alderman Elliott pointed out that there are various low-cost/no-cost
items that the City could participate in to help comply with the new Act.
He stated that the Arkansas Energy Office is a good resource to help
achieve that goal, adding that there are a lot of grants that could be
available. He suggested that a task force or committee be considered for
how the City of Jacksonville would approach its compliance with the Act,
adding that there would need to be a staff person to be responsible for
green building policy and energy management.
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REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
He then answered that he felt the committee should be a cross-section of
City Council, employees, and citizens.
Ms. Shafer concurred that six to eight members would be a good number for
a committee.
Mayor Fletcher suggested that before the next City Council meeting they
work on the perimeters for setting up the committee, its function, as
well as benefits to the City of Jacksonville and bring back
recommendations to the City Council.
Mayor Fletcher noted the need for education and possible grants for the
public, adding that this would offer great possibilities for the City of
Jacksonville.
Alderman Elliott stated that it would not only help the City to be
compliant with the new Act but also provide help to the citizens of
Jacksonville to become more energy efficient.
APPOINTMENT(S):
ANNOUNCEMENT(S): Mayor Fletcher announced a rescheduling of the
th
Jacksonville Clean-up Day, May 8 at 9:00 a.m. at the Recycling Center.
Discussion ensued regarding informing the public as to becoming more
involved in the City of Jacksonville recycling efforts.
Public Works Director Jim Oakley suggested the need for further public
education and outreach programs, noting that they are currently looking
at going door to door on a Saturday to ask residents to participate in
the recycling program. He then noted the possibility of having a pay as
you throw type garbage system that would save residents who recycle.
Mayor Fletcher noted that Texarkana went from individual recycling bins
to a combined recycling bin that has been more successful.
Public Works Director Jim Oakley noted that participated with drop off
service has become as popular as the curb-side pickup, adding that the
Recycling Center is open six days a week. He noted that the Recycling
bins for drop off are filled each weekend. He then answered that curb-
side participation is approximately 20% of the City.
Mayor Fletcher offered that the web site would be another good avenue for
disseminating this type of information to the residents.
Public Works Director Jim Oakley announced that the Sanitation Department
has started a new program of collecting landfill items every Wednesday on
an on-call basis that has been successful. Information regarding this
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
type of pickup will be distributed through the water bills and an all-
call will be sent out to Jacksonville residents.
PUBLIC COMMENT(S):
Mr. Rizzell Aaron of the Jacksonville branch of the NAACP addressed the
City Council saying that there has been concern regarding police policy
and the NAACP has brought the issue of a citizen review board to field
citizen complaints against police officers. He reference an FOI of the
last 50 complaints against the Police Department, saying that there were
concerns about the man-hours in collecting those complaints, suggesting
that a copy of all complaints should be held in a separate file. He
stated that there were concerns regarding the vagueness of response of
the complaints. He cited two instances where officers lied in police
reports, adding that the responses did not adequately address the issue
of lying. He noted an instance where he had filed a complaint against
Alderman Stroud, saying that everyone should know how simple it is to be
put into the system. He added that now anyone can go to the Police
Department and obtain a copy of that complaint just by requesting it,
saying those are the things that normal citizens face every day. He said
that “once you are in the system, whether you think it is substantial or
not, anybody can go look at that”. He stated that the NAACP still
supports and will not let it go, “we need a citizen review board”. He
stated that the City forms committees at the drop of a hat and formed one
tonight. He stated that there is a committee for everything, questioning
the problem with having a committee that looks at citizen complaints. He
issued concerns regarding an officer named Charles Wells, noting that
later that officer was arrested.
He then related that he has been in contact with John Walker, explaining
that Mr. Walker is heavily involved in whether the City of Jacksonville
gets an independent school district. He stated that they understand how
important that is for Jacksonville student’s education and for the
economy in Jacksonville. He stated that Mr. Walker has agreed to meet
with him and the Jacksonville education group immediately following his
election campaign to discuss the pros and cons of an independent school
district. He related that Jody Abernathy of the Dream Program was refused
a grant for her after school program by Acting Superintendant McGill,
adding that he spoke with Bernice Russell, head of the Grant Department
on behalf of Ms. Abernathy and the NAACP, which helps the City. He stated
that Ms. Russell related to him that regardless of Mr. McGill’s actions,
they would make sure that Ms. Abernathy’s grants were submitted whether
they were received by tomorrow’s deadline or not. He stated that he has
said this to demonstrate that the NAACP does not just deal with police
issues, adding that they deal with issues in general. He reiterated that
he believes and most of the members of the NAACP believe that a citizen
review board is necessary because the public has to be protected and
sooner or later they will.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
Alderman Stroud apologized, saying that he and Mr. Aaron seemed to have
gotten off on the wrong foot, adding that Mr. Aaron seems to be an
intelligent, bright, and articulate young man. He stated that City
Council honored a man tonight for picking up trash on the roadside to
make the City of Jacksonville better. He stated that he has lived in
Jacksonville for over fifty years, adding that the City has been
fortunate to have volunteers that would step out for the Senior Citizen
Center, work for the Hospital, pick up trash, and coach little league;
saying that all these people never got paid, never got into the lime
light, they just wanted to step up and do something for the City that
they live in. He said “you don’t seem to be that kind of fellow to me,
I’m sorry, but you seem more like the guy that is looking for a parade,
wanting to get in front and say look at me, I’m the leader.” He related
that Mr. Aaron has not brought up anything new tonight. He added that
the City does form committees from time to time to address certain
situations, and then those committees are dissolved. He went on to say
that Mr. Aaron is proposing to form a committee that would be placed
between the Mayor and the Chief of Police, saying “that is just not
smart”.
Mr. Aaron stated that he respects Alderman Stroud’s opinion, saying he
too is sorry they got off on the wrong foot. He stated that “whether it
is smart or not remains to be seen, depending on which side of the
situation you are on”. He stated that if you are the individual where
your four year old child gets patted down by a police officer and your
four year old child’s first experience with a police officer is being
patted down, then that child is affected forever”. He stated that if
those situations are not adequately addressed in the Department then
there has to be a fair way to address those complaints. He stated that
he always has something to support what he is saying, adding that if the
City reviews the complaints that he received, they would see what he is
talking about. He stated that these types of complaints are unacceptable
on any level.
Mayor Fletcher related that while he has only been Mayor for ten months,
policies have been implemented and citizens have come to his office to
relate that they see a difference and feel safer. He stated that this is
the goal. He added that if given a choice he would chose to make the
City safe where a mother can go into her kitchen, cook and not worry
about her kids going outside and being approached by a drug dealer. He
stated that the Police are doing everything to make this City safe,
adding that if Mr. Aaron’s concerns are such a major problem, why he only
went after the last fifty complaints. He added that it takes on the air
of a “witch hunt”, pointing out that the City has a Police Chief, Mayor
and Civil Service Commission to review the complaints. He stated that all
complaints are reviewed, adding that he trust the judgment of the system
in place. He stated that unless the City Council directs otherwise, a
review board is not going to happen.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2010
7:00 P.M. – 7:58 P.M.
Mr. Aaron stated that from his understanding the Civil Service Commission
does not deal with citizen’s complaints in the Police Department.
Alderman Smith stated that he is not aware of any other city that has any
board like this, saying that it drives a wedge between the Police Chief,
Mayor and City Council. He asked Mr. Aaron if he is saying that he is
not getting cooperation from the Mayor.
Mr. Aaron responded that to answer the question there are a number of
cities that do actually have a citizen review committee in place because
of these exact same circumstances. He stated that “some things are not
done unless we make some noise and some things I have to make some
noise”. He added that if he calls someone and does not get a response,
the only other way is to make some noise.
Mayor Fletcher interjected that the person who has a problem needs to be
the one who makes the noise.
Mr. Aaron continued that there are review boards in other cities, adding
that he has made the suggestion that police officers be required to wear
body microphones and be required to video and audio tape all interviews
and all interactions that may result in the arrest of someone.
Mayor Fletcher noted that the City is moving in that direction.
Mr. Aaron then question when the last time was that the City performed
random drug screening. He thanked the City Council.
ADJOURNMENT: Alderman Stroud moved, seconded by Alderman Smith to adjourn
the meeting at approximately 7:58 p.m. MOTION CARRIED.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR GARY FLETCHER
City Clerk-Treasurer
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