06-26-95 v ATLANTIC BEACH CITY COMMISSION
JUNE 26, 1995
AGENDA
Call to Order
Invocation and pledge to the flag
1. Approval of the minutes of the Regular Commission Meeting of
June 12, 1995
2. Recognition of Visitors
A. Interviews with Financial Organizations as follows:
7: 15 PM - Evensen Dodge
7:30 PM - First Union Capital Markets
7:45 PM - Public Financial Management
8:00 PM - William R. Hough
3. Consent Agenda:
A. Award contract to rehabilitate fourteen homes pursuant to
the specifications of Bid No. 9495-17, as recommended by
the Awards Committee
4. Committee Reports:
A. Code Enforcement Review Committee - Chairman Mike Borno
5. Action on Ordinances:
A. Introduction and first reading of Ordinance No. 95-95-63
to amend Chapter 2, Article V, Division 2, Code
Enforcement Board, to adopt Florida Statutes, Chapter 162
B. Introduction and first reading of Ordinance No. 25-95-27
to amend Buildings and Building Regulations to adopt a
standard for storm shutters and termite protection
6. New Business:
A. Action on a request by June McGrath for consideration to
allow vending or mobile vending on Atlantic Beach
B. Selection of a financial advisor for the city
C. Accept water & sewer lines for Courtyards for public
maintenance (Bob Kosoy)
7. City Manager Reports and/or Correspondence:
8. Reports and/or requests from City Commissioners, City Attorney
and City Clerk:
Adjournment
If any person decides to appeal any decision made by the City
Commission with respect to any matter considered at any meeting,
such person may need a record of the proceedings, and, for such
purpose, may need to ensure that a verbatim record of the
proceedings is made, which record shall include the testimony and
evidence upon which the appeal is to be based.
4
MINUTES OF THE REGULAR MEETING OF ATLANTIC BEACH CITY V V
COMMISSION HELD ON MONDAY, JUNE 26, 1995 0 0
T T
PRESENT: E E
Steven M. Rosenbloom D D
Suzanne Shaughnessy
J. Dezmond Waters, III, and
Robert G. Weiss, Commissioners M S
O E
AND: Kim D. Leinbach, City Manager T C
Alan C. Jensen, City Attorney I 0 Y
Maureen King, City Clerk NAME OF ONEN
COMMRS. N D S 0
` . yman . e c er, 'ayor excuse)
The meeting was called to order by Mayor Pro Tem Waters. The
invocation was followed by the pledge to the flag.
1. Approval of the minutes of the Regular Commission meeting
of June 12, 1995
Motion; Approve minutes of the regular Commission
meeting of June 12, 1995
Commissioner Rosenbloom referred to discussion that had
occurred with reference to Donner Park. He indicated the
minutes reflected site selection and the location of the
bathrooms of the new building had been discussed, as well as
demolition of the existing restrooms. He felt the matter of
site selection and architectural design had been voted on, and
since the matter had not been brought back to the Commission
by a member of the prevailing side, the matter should remain
as voted on previously. With reference to the existing
restrooms, he felt the Commission had voted and agreed to not
tear down the existing restrooms, and that under Roberts Rules
of Order the prevailing parties would have to bring the matter
up for discussion.
Kim Leinbach, City Manager, explained that at the meeting of
June 12th, Sharette Simpkins presented a petition asking the
Commission to consider the following matters: demolishing the
existing restrooms, readdressing the proposed site, and
readdressing the bathrooms in the new building.
Mayor Pro Tem Waters indicated nothing had been decided upon
relative to demolition of the existing restrooms, and the
matter still remained to be considered.
Commissioner Weiss explained consideration of the matters
indicated in the petition was a unilateral decision of the
Mayor, and the matter was not voted on.
Mayor Pro Tem Waters explained the Mayor was presented with a
substantial list of names on a petition requesting the
Minutes, Page 2
June 26, 1995
V V
NAME OF
COMMRS. MSYN
• • - • • - - I - . - 'lamned the Mayor, as
a courtesy to the Donner residents, agreed to look at the
matter again, but no action was taken.
While it was felt by some Commissioners that the issues should
be readdressed, other Commissioners felt since the prevailing
side did not bring up the issue, under Roberts Rules of Order
the matter could not be brought up or considered again.
Under further discussion relative to the minutes, Kim Leinbach
referred to the $6,000 expenditure to construct a fence at the
dune crossover at 16th Street and he advised the Commission
that funds would be utilized from the General Fund.
The question was called and the motion carried unanimously.
2. Recognition of Visitors;
Barbara Bonner, 463 Selva Lakes Circle, requested additional
decal parking. Mayor Pro Tem Waters asked the City Manager to
pursue the matter. David Thompson, Chief of Police, indicated
there were many spaces that could be identified and designated
for decal parking. He indicated he would find out when the
Parking and Traffic Committee would be meeting again, and that
he would pursue the matter.
a. Interviews with Financial Organizations as follows;
7:15 pm - Evensen Dodge
7:30 pm - First Union Capital Markets
7:45 pm - Public Financial Management
8:00 pm - William R. Hough
Mayor Pro Tem Waters explained that following the
presentations Commissioners would rank their choice on a tally
sheet that had been provided by the City Clerk, after which
the matter would be voted on and staff directed to enter into
negotiations with the first choice.
Ann Meuse explained the selection of a firm would be
contingent upon satisfactory references and a successful
negotiation of a contract with the city.
Presentations were given by Evensen Dodge, First Union Capital
Markets, Public Financial Management, and William R. Hough.
Following the presentations Mayor Pro Tem Waters indicated
there would be a five minute recess at 9:00 p. m.
Following the recess the Mayor Pro Tem asked City Clerk,
Maureen King to provide the Commission with the results of the
ranking by Commissioners.
Mayor Pro Tem Waters announced the first choice was First
Union Capital Markets, second choice was Public Financial
Management, third choice was William R. Hough, and fourth
Minutes, Page 3
• June 26, 1995
V V
NAME OF
COMMRS. MSYN
choice was Evensen Dodge (tally sheets attached hereto and
made a part hereof - Exhibit A) ROSENBLOOM X X
SHAUGHNESSY X
Motion: Instruct staff to negotiate contract with FirstWISS X X
Union Capital Markets and bring the contract back to thew ATE RS X
Commission for action.
The question was called and the motion carried unanimously.
3. Consent Agenda:
a. Award contract to rehabilitate fourteen homes pursuant to
the specifications of Bid No. 9495-17, as recommended by
the Awards Committee ROSENBLOOM X X
SHAUGHNESSY X X
Motion: Approve passage of Consent Agenda WEI SS X
WATERS X
George Worley, City Planner, indicated the amount budgeted was
$164,478, and the entire project total was $163,064. He
explained, however, the contract between the City of Atlantic
Beach and the City of Jacksonville HUD limited total
expenditure for rehabilitations to $20,000 per residence. He
indicated several of the low bids exceeded that amount. The
contractors were aware of the monetary cap but were asked to
bid on the work specified. Both contractors have agreed to
eliminate lower priority items of work to reduce the contract
amount to $20,000 on those houses which exceeded the cap.
The question was called and the motion carried unanimously.
4. Committee Reports:
a. Code Enforcement Review Committee
Mike Borno, Chairman of the Code Enforcement Review Committee,
reported concerning the tasks that were performed by the
Committee. He presented a report from the Committee (attached
hereto and made a part hereof - Exhibit B) , indicating the
committee recommended the Atlantic Beach city code needed
updating.
Mayor Pro Tem Waters indicated he would receive the report on
behalf of the Commission and that the proposed ordinance
updating the code would be placed on the agenda for the
meeting of July 10, 1995.
5. Action on Ordinances:
a. Receive for information and/or discussion draft of an
ordinance to amend Chapter 2, Article V, Division 2, Code
Enforcement Board, to adopt Florida Statutes, Chapter 162
(this was handled under agenda item 4a; Commission
received the report and indicated the draft ordinance
would be on the July 10, 1995 agenda)
b. Ordinance No. 25-95-27 - First Reading
Minutes, Page 4
June 26, 1995
V V
NAME OF
COMMRS. MS Y N
AN ORDINANCE Or' Ttir. Lgts Vr' A LA TIZ BEALH, YtORTDA, AMMDING
CHAPTER 6 OF THE CODE OF ORDINANCES BUILDINGS AND BUILDING
REGULATIONS, BY AMENDING SECTION 6-23 ADDING DESIGN CRITERIA
FOR STORM SHUTTERS; AMENDING SECTION 6-17 PERTAINING TO
TERMITE PROTECTION AND SECTION 6-35 AND 6-60 ALLOWING BUILDING
DEPARTMENT TO TEST HOMEOWNERS FOR PERMITTING
Mayor Pro-Tem presented in full, in writing, Ordinance No.
25-95-27. ROSENBLOOM X X
SHAUGHNESSY X
Motion: Approve passage of ordinance No. 25-95-27 on WEISS X X
first reading and set public hearing on July 10, 1995 WATERS X
Commissioner Waters requested that specific language be
included in the proposed ordinance, as explained in a
memorandum from Don Ford, Building Official, dated June 21,
1995 (attached hereto and made a part hereof - Exhibit C) .
The question was called and the motion carried unanimously.
6. New Business:
a. Action on a request by June McGrath for consideration to
allow vending or mobile vending on Atlantic Beach
June McGrath, 10 Tenth Street, #41, requested permission to
operate mobile vending on Atlantic Beach. She read from a
letter dated June 13, 1995 that was submitted to the
Commission (attached hereto and made a part hereof - Exhibit
D) .
ROSENBLOOM X
Motion: Allow mobile vending on Atlantic Beach SHAUGHNESS`_ X
WEISS
When asked to explain the procedure to allow vending Alan WATERS
Jensen, City Attorney, explained the City Code of Ordinances
would have to be amended to allow vending on Atlantic Beach.
He further cautioned Commissioners that to allow one category
of vending on the beach would open the door to allowing other
categories of vending to operate on the beach.
Whereas some commissioners were in favor of having limited
vending, other commissioners opposed the idea.
Following further discussion, Commissioner Shaughnessy
withdrew the motion to allow mobile vending on Atlantic Beach. ROSENBLOOM X X
SHAUGHNESSY X X
Motion: Direct staff to draft ordinance to allow vending WEISS X
on Atlantic Beach with input from the Commission WATERS X
Under discussion, it was suggested the rules of the Health
Department would have to be met, liability would have to be
considered, and citizen input should be obtained.
The question was called and the vote resulted in 2-2 with
Commissioner Weiss and Mayor Pro Tem Waters voting nay. The
Minutes, Page 5
• June 26, 1995
V V
NAME OF
COMMRS. MSYN
muLiun tailed.
b. Selection of a financial advisor for the city (this was
addressed earlier in the agenda, under Item 2a)
c. Accept water & sewer lines for Courtyards for public
maintenance
Bob Kosoy, Public Works Director, indicated the developer for
the Courtyards property was SOFORENKO BEE, INC. The division
was zoned for single family housing, and all sanitary sewer
and water construction had been installed per the City of
Atlantic Beach standards. ROSENBLOOM X X
SHAUGHNESSY X
Motion: Accept the Water and Sewer utilities in the WE ISS X X
Courtyards for public maintenance WATERS X
Following a brief discussion, the question was called and the
motion carried unanimously.
7. City Manager Reports and/or Correspondence:
Kim Leinbach, City Manager:
. . .reported the City had joined the Florida Public Pension
Trustees Association and that members of the Pension Board
were attending a seminar June 25-28, 1995.
. . .A maintenance bond of $10,000 had been obtained by the city
from Selva Linkside Unit II, Phase 2, for remaining curbing,
paving, and drainage structure repairs
. . .Chief Ruley had met with lifeguards and addressed their
concerns. The roof of the lifeguard station had been repaired
and there were no leaks; three vehicles were operating--two
railers and one four wheel drive truck; and recommendations
had been made for improvements to the lifeguard towers, with
city crews performing the work. Long and short term goals had
been identified, and it was determined the beaches were safe.
8. Reports and/or requests from City Commissioners, City
Attorney and City Clerk:
Commissioner Weiss:
. . .expressed concern that vehicles might not be able to drive
under the pier at Atlantic Beach after renourishment was
accomplished. Under discussion, it was also felt the pier
blocked visibility of the lifeguards. Kim Leinbach was asked
to contact owners of the pier regarding the safety issue.
. . .commended Chief Ruley for handling the recent lifeguard
concerns.
. . .commended Lt. Hill, Fire Department, for assisting Selva
Marina in getting water to their pool.
Minutes, Page 6
June 26, 1995
V V
NAME OF
COMMRS. MSYN
couuuissiuiier Shaughnessy:
. . .requested that Sharette Simpkins be recognized at the next
meeting when all Commissioners would be in attendance for
being chosen for the EVE award.
. . .referred to discussion that occurred at the last Commission
meeting, and felt Mayor Fletcher was trying to accommodate
the wishes of residents of the Donner Community
Commissioner Rosenbloom:
. . .commended Ann Meuse, Finance Director, for selection of
Financial Advisors.
. . .referred to the Donner issues, and felt if the issues were
revisited, issues on other matters should also be revisited;
he felt at some point matters had to be brought to a finale.
. .reported Bill Blackard was trying to stop work on the
building of the 16th Street crossover, and he urged staff to
move forward with vigor.
Mayor Pro Tem Waters:
. . .asked Commissioner Weiss to attend the conference of the
Florida Beach & Shore, and indicated the city would absorb the
cost.
. .indicated that Mayor Fletcher was communicating with
Jacksonville with regard to the lawsuit, even though he was on
vacation.
. . .asked staff to ensure that actions of the commission at
their regular meetings were completed.
. . .referred to the triangular parcel of land bounded by
Sixteenth Street, Ocean Boulevard, and Seminole Road
designated as a park via Resolution No. 95-18, and asked
Dorothy Kerber to assist in selecting a name for the park.
There being no further business the Mayor Pro Tem adjourned
the meeting at 10:25 p. m.
/f
. De .gond aters, III
Mayo'r Pro em/Presiding Officer
ATTES T:
Mau een King
City Clerk
!0- a( -qs
TALLY SHEET
FINANCIAL ADVISOR
RANK: #1 THROUGH #4; #1 BEING THE FIRST CHOICE
EVENSEN DODGE 11
FIRST UNION CAPITAL MARKETS
PUBLIC FINANCIAL MANAGEMENT
WILLIAM R. HOUGH 1
(111
Signature L t.k Ul' 0✓
Date (l11ri�
TALLY SHEET
FINANCIAL ADVISOR
RANK: #1 THROUGH #4; #1 BEING THE FIRST CHOICE
EVENSEN DODGE Lf
FIRST UNION CAPITAL MARKETS
PUBLIC FINANCIAL MANAGEMENT l
WILLIAM R. HOUGH 3
Signature 0"
Date
TALLY SHEET
FINANCIAL ADVISOR
RANK: #1 THROUGH #4; #1 BEING THE FIRST CHOICE
EVENSEN DODGE �1
f3
FIRST UNION CAPITAL MARKETS
PUBLIC FINANCIAL MANAGEMENT I
WILLIAM R. HOUGH 4
Signature �.t..tJ j -t- 4-4-4-4 {-
Date
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6 6/oVoiq 5
•
TALLY SHEET
FINANCIAL ADVISOR
RANK: #1 THROUGH #4; #1 BEING THE FIRST CHOICE
EVENSEN DODGE v
FIRST UNION CAPITAL MARKETS
PUBLIC FINANCIAL MANAGEMENT VI
WILLIAM R. HOUGH
,Signature401,1111k6
Date
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CODE
cjCODE ENFORCEMENT REVIEW COMMITTEE
OUTLINE OF TASK:
1 . Determine if any problems exist with code enforcement
procedures;
2. If problems exist, identify them;
3. Review and compare legislative solutions adopted in other
cities to address the problems;
4. List solutionss that already exist in Atlantic Beach's
ordinances and city codes;
5. Compile a list of legislative or procedural recommendations
about these problems for the City Commission.
REPORT AND RECOMMENDATIONS:
After reviewing the Atlantic Beach code enforcement procedures, and
following discussion with the city's Code Enforcement Board and
Code Enforcement Officers, the committee has determined that there
are no serious problems with the existing code enforcement
procedures.
The committee did identify the following areas that should be
addressed:
1. It was the consensus of the committee that, considering the
value of the outstanding liens owed to the City of Atlantic
Beach, that requiring the issuance of Certificates of
Occupancy when new tenants move into rental properties, or the
withholding of water service from tenants of rental property
with liens or delinquent water bills, was unnecessary and
labor intensive, was unfair to new tenants, and is not
recommended for further consideration by the City Commission.
2. Our review and discussions did identify that the Atlantic
Beach city code, Division 2, Code Enforcement Board, (Pages
167 - 172 ) needed updating.
The language in Section 2-147, Procedure; hearings, is
different from Florida Statutes and does not address repeat
violations;
Section 2-149, Penalties; Lien, does not indicate that repeat
violations may be fined up to $500.00 per day; authorizes
filing of lien after one year - F.S. authorizes filing of lien
after three months;
Section 2-150, Duration of Lien, indicated that liens may not
continue longer than two years - F.S. allows twenty years.
5/
Code Enforcement Review Committee Report
Page Two
The committee recommends adoption of the draft ordinance
attached hereto to bring the city code up to date and into
conformity with Florida Statutes.
3. The committee recommends that city staff provide the local
newspapers with information relative to the actions of the
Code Enforcement Board and request that they publish a summary
of the board activities.
The committee also recommends that the Atlantic Beach
newsletter be used to educate the community regarding common
violations such as the weed abatement ordinance, parking of
boats and R.V. ' s, etc. , and be used as a vehicle to provide
information regarding the method of reporting alleged
violations. It is our feeling that many citizens are not
aware that they may be in violation of city ordinances.
4. The committee feels strongly that there are areas of the city
codes and ordinances that over the years, have developed
conflicts between ordinances, are overlapping, or have become
outdated. The committee recommends that a citizens' committee
be appointed to meet with the city staff (who are already
familiar with numerous problem sections) to review the entire
city code and recommend appropriate amendments to the City
Commission. This committee acknowledges that there currently
are several sections of the city code under review; we
recommend that other problem sections of the code be reviewed.
The following members of this committee have agreed to serve
on such a committee, if appointed: Peter Sapia, Jane Wytzka,
and Roger Kjar.
5. The committee understands that software is available for
approximately $1, 500.00 which would allow the computerized
city code to be searched for all occurrences of any subject.
This would be effective in identifying, and thus, eliminating
conflicting sections of the code. The committee recommends
that the city approve funding to acquire such software.
The committee wishes to thank the Atlantic Beach City Manager, Mr.
Kim Leinbach, for listening to and considering the various
recommendations that this committee determined were under his and
his staff' s areas of responsibility.
Acknowledgements:
CODE ENFORCEMENT BOARD: The committee would like to recognize and
applaud the Atlantic Beach Code Enforcement Board and its chairman,
` (c- a-6- 61S
Code Enforcement Committee Report
Page Three
Mr. Ed Martin, for the dedicated and concerned manner in which they
perform their work for this community. Mr. Martin's professional
approach, and his concern for fair hearings and equal application
of the law, as well as his willingness to seek new approaches, is
an asset to the City of Atlantic Beach. Mr. Martin' s willingness
to work with this committee helped the committee to better
understand the functions of the Code Enforcement Board. We owe Mr.
Martin and the Code Enforcement Board a debt of thanks.
CODE ENFORCEMENT OFFICERS: The committee would like to thank Mr.
Don Ford and Mr. Karl Grunewald for their dedicated support and for
providing the required information to this committee in a timely
manner. Both of these gentlemen attended our meetings, provided
requested data quickly, and were an integral part of this
committee. This committee and our community owe both of you a debt
of thanks and acknowledgement for your dedicated and professional
performances. Thank you.
CITY STAFF: This committee owes each and everyone we came in
contact with during this review, our thanks for your willingness to
help and answer our questions.
CITY CLERK: Mrs. Maureen King. Madame, this committee could never
have attempted, let alone completed the task, if it were not for
you. You were our guiding light, helpful, timely, courteous, and
a true professional. We thank you, and I thank you. It is always
a pleasure to work with you and your office.
ORDINANCE NO. 95-95-63
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, AMENDING CHAPTER 2, ADMINISTRATION,
ARTICLE V, BOARDS AND COMMISSIONS, DIVISION 2,
CODE ENFORCEMENT BOARD, DELETING SECTIONS 2-
147 THROUGH 2-151, AND CREATING A NEW SECTION
2-147 ADOPTING FLORIDA STATUTES, CHAPTER 162,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida:
SECTION 1. Chapter 2, Administration, Article V, Boards and
Commissions, Division 2, Code Enforcement Board is hereby amended
to delete Sections 2-147 through 2-151 and to create a new Section
2-147 adopting Florida Statutes, Chapter 162, and providing an
effective date.
Sec. 2-147. Adoption of Florida Statutes, Chapter 162.
Florida Statutes, Chapter 162, is hereby adopted, subject to
modifications, changes and amendments set forth in this article,
for the purpose of establishing rules and regulations for the
enforcement of the codes and ordinances of the city of Atlantic
Beach.
Section 2. This ordinance shall take effect immediately upon
its final passage and adoption.
Passed by the City Commission on first reading this day of
, 1995.
Passed by the City Commission on second and final reading this
day of , 1995.
LYMAN T. FLETCHER
Mayor/Presiding Officer
ATTEST:
MAUREEN KING
City Clerk
Approved as to form and correctness:
ALAN C. JENSEN, ESQUIRE
City Attorney
FA 1)4
_ •% CITY OF
i ileIc t.GC Ee e - (O1L4.ceQ
•3� 800 SEMINOLE ROAD
ATLANTIC REACH, FLORIDA 32233-5445
4*. � TELEPHONE(904) 247-5800
.,111k FAX(904)247-5805
MEMORANDUM
June 21 , 1995
TO: Kim D. Leinbach, City Manager
FROM: Don C. Ford, Building Official
RE: Ordinance No. Chapter 6 Code Amendments
Section 6-23 - Add storm shutter design criteria. This
addition to the code will add acceptable designs for storm shutters
to meet or exceed 110 m.p.h. wind loads . The reason for this
change is to better protect structures during high winds . The
insurance industry has adopted this design criteria and is allowing
discounts , reduced rates , etc. , as long as the installation of
shutters is permitted and inspected by the local building
department .
Section 6-17 - The pest control industry has reduced the
strength and type of chemical being used to protect houses from
termites . This action was initiated by the E. P.A. in 1987 because
chemicals being used at that time were classed as cancer causing
agents and were showing up in shallow wells and in ground water.
The chemicals being used now do not last as long. The Governors
Committee to investigate increasing termite infestations has found
that quality control in the industry is lacking and that building
inspectors could increase inspections to ensure proper coverage of
chemicals used under slabs for new homes . This amendment will help
us affect better protection for new homes .
Section 6-35 and 6-60 - This amendment will include the City
of Atlantic Beach Building Department as a testing agency. The
ordinance presently states "the City of Jacksonville Beach, the
City of Jacksonvile , and the Southern Building Code Congress" , as
acceptable tests . Our experience has shown the City of
Jacksonville Beach and the City of Jacksonville will not test
homeowners to work on their homes in Atlantic Beach . This has
placed the homeowner in a "Catch 22" in that the City will allow
him (homeowner) to install his plumbing or electric if he passes
the Jacksonville Beach or the City of Jacksonville tests but
Jacksonville Beach or Jacksonville will not allow him to take the
tests .
The Building Department will administer the tests on an as
needed basis . So far we have had only four recorded requests for
testing in the last five years .
DCF/pah
•_ JUN 13 '95 10:07 FR CSX F'ELOCHT I ON CENTER90
qs
10 Tenth Street, #41
Atlantic Beach, FL 32233
June 13 , 1995
Atlantic Beach Mayor Lyman Fletcher
and Commission
I respectfully submit your consideration to allowing
vending or mobile vending on Atlantic Beach. With a changing and
growing Jacksonville, I see a real service to beach goers to have
available hotdogs, sodas and chips. It is also an opportunity
for small business to succeed. I ask for your consideration to
go beyond the summer season. With the Jacguars season going late
into the Fall, more visitors will frequent the beach, weather
permitting.
I understand this request has been reviewed previously
by your office and declined with the thought that patrons to the
beach can access establishments such as the Sea Turtle for lunch.
For those visitors that frequent the beach 10 and 20 streets
north of the Sea Turtle, this is not practical.
Your consideration is most appreciated.
L
2/)///
rune McGrath
�- 359-1777 (D)
fax to 247-5805
Maureen King, City Clerk
- Please advise if my request will be on the June 27th agenda.
Thank you.
;')/4