Draft Min 6-28-04
MINUTES
REGULAR CITY COMMISSION MEETING
JUNE 2$, 2004
CITY HALL, 800 SEMINOLE ROAD
Attendance IN ATTENDANCE:
Mayor John Meserve City Manager Jim Hanson
Commissioner Paul B. Parsons City Clerk King
Commissioner Sylvia N. Simmons City Attorney Alan C. Jensen
Commissioner J. Dezmond Waters III
ABSENT:
Mayor Pro Tem Beaver
Call to Order/Pledge Mayor Meserve called the meeting to order at 7:15 p.m. The Invocation
given by Commissioner Waters, which included a memorial tribute to
former City Attorney Claude Mullis, was followed by The Pledge of
~"' Allegiance to the Flag.
Approval of Minutes 1. Approval of the Minutes of the Regular Meeting of June 14,
2004
Motion: Approve Minutes of the Regular Meeting of
June 14, 2004 as presented.
Moved by Parsons, seconded by Waters
""~ Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
~ MOTION CARRIED
Courtesy of the Floor 2. Courtesy of the Floor to Visitors
Dorothy Kerber of 365 ls` Street spoke in favor of revisions to the City
Code that would address clear sight distance at street intersections (Item
8C) and supported some type of parking for the residents who live at street
ends (Item 8J).
Alan Potter of 374 2"d Street provided information concerning water and
sewer rate increases since 1994, and spoke in opposition to the city's
~,,,,,, practice of transferring funds from the water and sewer fund to the general
fund. Mr. Potter believed the Commissioners should have left last year's
millage rate as it was, and favored an increase in ad valorem taxes over the
~,. proposed utility rate increases (Item 8B).
June 28, 2004 REGULAR COMMISSION MEETING Page 2
J.P. Marchioli of 414 Sherry Drive agreed with Mr. Potter's comments.
He indicated that he was happy to see the problem at 5`h Street and Sherry
Drive had been resolved and commented that the improvements looked
good.
Jane Wytzka of 352 2"`' Street commented on the following items: (1)
Thanked the Public Safety Director for installing the stop sign at East Coast
~ Drive and ls` Street and noted that traffic had slowed down considerably
since its installation, (2) Believed that the intersection of Ahern Street and
~ East Coast Drive was dangerous and needed stop signs, (3) Believed the
construction site located in the 300 block of 2°d Street should be more
closely monitored by the city since there was sand in the street, trash and a
~„ port-o-let located on city right-of--way at the site, and (4) Stated that
mosquitoes had become bothersome, and commended the city's mosquito
control contractor for going door-to-door looking for standing water.
Stephen Kuti of 1132 Linkside Drive proposed that in order to obtain
citywide representation from the Commission, the Mayor assign each
Commissioner a precinct for one year and rotate between the precincts on
an annual basis. He believed this form of representation would provide a
better method of communication with constituents and allow each
Commissioner to become familiar with the needs of the entire community.
Eric Gunther of 35 10th Street stated that he lived at the Island Club
Condominiums (Item 8J). Mr. Gunther summarized the condominium
owners' on-going parking problems, and presented an owner supported plan
to lease ten of the public parking spaces from the city for $300 per unit, per
year.
Dennis Rosa and Carolyn Ettlinger, President of the Oceanside Rotary
*"' Club, presented the city a check for $60,000 from their fundraising efforts
for construction of the skate park in Jack Russell Park. (In the fall of 2003,
the Rotary Club in celebration of the 100th Anniversary of Rotary,
!""' undertook the fundraising of $50,000 in exchange for the Rotary Club
receiving recognition for the project and assurance the city would assume
all liability for the park). Mr. Rosa reported that the Rotary Club had also
~'"' received $500 in in-kind contributions for the park.
On behalf of all of the Commissioners, the Mayor thanked the Oceanside
~'"' Rotary Members for their generosity and support of the project.
Carl Edwards of 174 East Coast Drive stated that he hoped the stop sign
'~ installed on East Coast Drive at ls` Street remained in place and suggested
that stop bars be painted on the street to draw attention to the stop sign.
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June 28, 2004 REGULAR COMMISSION MEETING Page 3
Bob Curry of 65 10th Street, who also lives at the Island Club
Condominiums, echoed the comments of Mr. Gunther and stated there
would be 100% participation of the residents. He indicated that they were
working with a printer to make "resident" parking hangers for their car
'~ mirrors and had spoken with a towing company relative to towing illegally
parked cars.
Unfinished Business 3. Unfinished Business from Previous Meeting
from Previous Meeting
A. City Manager's Follow-Up Report
City Manager Hanson commented on each item of his written report. A
copy of the report is attached and made part of this official record as
Attachment A.
,,~, City Manager Hanson stated that in addition to his comments in the written
report regarding the 10th Street Parking issue, he had received verbal
communication from an appraiser, placing a $275 per month rental value on
~„ each parking space. He noted, however, that the proposed oceanfront
parking area was not a buildable lot, and the monthly rental value should be
discounted to reflect this fact.
B. Appointments to fill vacancies on two Pension Boards
Mayor Meserve indicated that he wished to appoint Richard T. Downes to
the Police Pension Board and Anne E. Minor to the General Employee
Pension Board to fill the unexpired term of Edward Lipscomb who served
on both boards.
Motion: Approve the appointment of Richard T Downes to the Police
""" :Pension Board and Anne E. Minor to the General Employee Pension
Board.
Moved by Waters, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
Item 8J was taken out of sequence and acted on at this time.
Parking for the l Ott' J. Discussion and related action in connection with parking for the
Street Condominiums condominiums at 10th Street (Commissioner Parsons)
Commissioner Parsons stated that he had received a letter from Bob Currie
and John Smith, residents of the Island Club Condominiums, requesting that
'"~ the Commission consider leasing to the residents ten parking spaces at the
June 28, 2004 REGULAR COMMISSION MEETING Page 4
west end of the public parking area adjacent to the condominium property,
for $300 per space, per year for a period often years. He further explained
that the residents would provide minor hangers denoting "resident parking"
and were willing to also mark the parking spaces. He noted that a towing
company had been contacted relative to towing cars illegally parked in the
Teased spaces.
Commissioner Parsons stated that he supported the owners' request and
pointed out that the lease agreements would provide the city $3,000 per year
in revenues, but he was not in favor of the granting aten-year lease.
Commissioner Waters suggested the possibility of selling the ten spaces.
,~„ He believed ten spaces could be developed elsewhere to compensate for the
loss of parking spaces at 10`h Street. He indicated that he could accept
either the lease or sale of the parking spaces.
Motion: Approve the lease of ten public parking spaces to
condominium owners for $300 per space per year, work out a time
frame for the lease, including increases for inflation, and bring back a
draft lease agreement for Commission review at the next Commission
Meeting.
Mayor Meserve expressed concern that a precedent would be set if the
Commissioners chose to lease public property. He also believed other
issues should be considered before entering into a lease agreement, such as
how a change of condominium ownership would be handled and who would
be liable if a vehicle was damaged by the towing company. The Mayor
reminded the Commissioners that in the past, the city was advised that
federal funding for the beach renourishment program could be withheld if
adequate parking was not provided for ocean access.
City Attorney Jensen expressed concern regarding establishing a precedent
and asked the Commissioners to consider whether the situation in question
was so unique that it would not establish a precedent for anyone else. He
asked them to consider how they could lease the parking spaces to the
Island Club Condominiums and not grant the same request for others. He
believed that if the parking spaces were leased, the Commissioners should
only consider ashort-term lease in case any unanticipated problems arose,
and indicated that successive owners could be bound to the lease agreement.
Discussion ensued. Commissioner Parsons believed the Island Club
Condominiums parking situation was unique. He favored entering into a
one-year lease agreement with the property owners at $300 per unit per
year, and require 100% participation.
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June 28. 2004 REGULAR COMMISSION MEETING Pa e 5
~,,,, Commissioner Waters believed ten spaces could be developed at 16`h Street
to compensate for the lost spaces at l Ot" Street and indicated his preference
for a permanent solution to the problem.
Moved by Simmons, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0 -
MOTION CARRIED
Consent Agenda 4. Consent Agenda
A. Reject all bids received under Bid No. 0304-10 for CDBG
drainage improvements at George and Dudley Streets, and
authorize staff to rebid the project using a revised plan (City
Manager)
Motion: Approve Consent Agenda Item A as presented
Moved by Waters, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Committee Reports 5. Committee Reports
None.
Resolutions 6. Action on Resolutions:
None.
Ordinances 7. Action on Ordinances
A. Ordinance No. 95-04-88 Public Hearing & Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH,
FLORIDA, REWRITING IN ITS ENTIRETY CHAPTER 12,
~,,, NUISANCES, OF THE CODE OF ORDINANCES, AND PROVIDING
AN EFFECTIVE DATE
Mayor Meserve read the ordinance by title only.
Motion: Defer final reading of Ordinance No. 95-04-88 to the July 26,
2004 Commission Meeting.
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June 28, 2004 REGULAR COMMISSION MEETING Paee 6
Commissioner Waters stated he wanted the deferral in order to correct
several scrivener's errors he noted in the ordinance.
Mayor Meserve opened the floor for a public hearing. No one spoke for or
against the ordinance and the Mayor closed the public hearing.
~ Moved by Parsons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
,~„ Nay: 0
MOTION CARRIED
,,., B. Ordinance No. 90-04-185 Public Hearing Sz Final Reading
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, COUNTY
OF DUVAL, STATE OF FLORIDA, AMENDING ORDINANCE NO.
~,. 90-01-172, CHAPTER 24, ZONING SUBDIVISION AND LAND
DEVELOPMENT REGULATIONS, INCLUDING ALL
AMENDMENTS THERETO, TO ADD NEW SECTION 24-172,
~. BOATS AND WATERCRAFT, PROVIDING FOR RECORDATION
AND PROVIDING AN EFFECTIVE DATE
The Mayor read the ordinance by title only.
Motion: Approve Ordinance No 90-04-185 on final reading
Mayor Meserve opened the floor for a public hearing. No one spoke for or
against the ordinance. The Mayor closed the public hearing.
Commissioner Simmons referenced an e-mail she received from Maureen
Shaughnessy and inquired if Section 24-172(a) of the ordinance would
impact the development of Johnston Island.
Community Development Director Doerr responded that it would not have
any impact since the Intent Section was an existing policy in the original
Comprehensive Plan and EAR based amendments. Ms. Doerr stated that if
a project was developed with a marina or any facility that allowed boats, the
developer would have to go through state required permitting.
Commissioner Waters referenced subsection (c) entitled "Docking and
Anchoring Restrictions." He thought the title should be changed to
"Docking and Live-aboard Restrictions." He also inquired if that limitation
would affect the proposed Johnston Island development. Community
Development Director Doerr responded that the restrictions would apply to
marinas. She explained the development of Johnston Island as it was now
being proposed, did not include provisions for boats where people could
permanently live aboard.
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June 28, 2004 REGULAR COMMISSION MEETING Page 7
Mayor Meserve inquired if it was the city's intent to limit live-aboards at a
properly permitted marina. Discussion ensued. Mayor Meserve suggested
that language be included excepting a properly permitted marina from the
restriction.
City Attorney Jensen stated that the Commission should consider that if the
development of a marina should occur within the city limits of Atlantic
Beach, they would have to apply for a waiver from that provision of the
ordinance. Ms. Doerr stated that a stipulation providing for a waiver was
included. She pointed out that construction of a marina was one of the most
restrictive types of development, with many state laws affecting its
permitting process. It was the consensus of the Commission to change the
title of subsection (c) to "Live-aboard Watercraft Restrictions."
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
Miscellaneous Business 8. Miscellaneous Business
Authorize City A. Authorize the City Manager to sign the Letter of agreement and
Manager to Sign Letter Cooperation between the Three Beach Cities on the Florida
of Agreement Department of Environmental Protection Total Maximum Daily
Load (TMDL) Issue (City Manager)
~" Motion: Authorize the City Manager to sign the Letter of Agreement
and Cooperation between the Three Beach Cities on the Florida
Department of Environmental Protection Total Maximum Daily Load
~"" (TMDL) issue.
Utility Director Kaluzniak explained that the state had approved the city's
TMDL, which means the amount of pounds of nutrients the river can
handle. She indicated that the research was done based on a complex model
performed by the St. Johns River Water Management District (SJRWMD)
and the Army Corps. of Engineers. She reported that the model looked at
the lower St. Johns River as a whole unit and now the SJRWMD was in an
implementation process to figure out how everyone discharging into the
river will fit in and still meet the TMDL.
Ms. Kaluzniak indicated that the issue of discharging nutrients came up in
the mid-eighties, and at that time the DEP informed the beach cities that the
Intracoastal waterway was too sensitive to the amount of nitrogen being
discharged and in 1987 the three beach cities spent several million dollars
'~ and constructed a ten mile combined effluent force main with individual
June 28, 2004 REGULAR COMMISSION MEETING Page 8
pumping stations. She felt the cities should have been given credit for
taking that action to put the effluent at the mouth of the river where there is
a large amount of flushing with a minimal impact on the river.
Ms. Kaluzniak stated that the three cities had met and determined that
engineering and legal assistance maybe required to prove that the cities
have no impact on the quality of the river water, and to ensure that they are
not unfairly burdened with a requirement already met by installing the
outfall at the mouth of the river. A copy of the Utility Director's Staff
Report is attached and made part of this official record as Attachment B.
Receive Water/Sewer
Rate Restructuring
Report & Authorize
Staff to Draft an
Ordinance to Adopt
Revised Rates
A question and answer session followed. Commissioner Waters inquired if
influence of the upstream effluent was considered. Ms. Kaluzniak
responded that it was considered. She explained that the river was divided
into the upper, middle and lower basins with different TMDL's associated
with each basin. Commissioner Simmons inquired concerning the city's
placement as part of the river's basin and thought the beaches cities could
not be discharging much nitrogen into the river. She believed the DEP
should identify and target the sources of the nitrogen. Ms. Kaluzniak
indicated that the DEP decided that everyone should "share the pain"
equally, instead of trying to determine the individual sources.
Commissioner Simmons also inquired if there were any guarantees that
spending the city's share of $74,000 for the study would not be a waste of
money. Ms. Kaluzniak stated that while there were no guarantees, the three
cities were hoping that Task 1 in the proposal for services from Allied
Technology and Management would prove that the effluent from the
beaches cities had little impact on the amount of nitrogen in the river water.
Moved by Parsons, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0
MOTION CARRIED
B. Receive report relative to water and sewer rate restructuring
and authorize staff to draft an ordinance to adopt revised rates
in accordance with the Burton and Associates report and with
the requirements of the St. Johns River Water Management
Districts (City Manager)
Mayor Meserve commented that the city was required to meet the
requirements of the SJRWMD relative to adopting a water conserving rate
structure and pointed out that the funds taken from the water/sewer
revenues for the general fund came from the surcharge paid by out of city
customers.
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June 28, 2004 REGULAR COMMISSION MEETING Page 9
City Manager Hanson explained the Burton and Associates report
'~" concerning the proposed restructuring of the water and sewer rates. He
pointed out that there would not be a phase-in of the amended rates as
originally proposed and the new rate structure was no longer revenue
'~ neutral to the city. The new rates would generate about $380,000 in
additional revenue, which would allow the city to meet its bond coverage
ratio for the next year. Copies of the staff report and the report from Burton
and Associates are attached and made part of this official record as
Attachment C.
Commissioner Waters commented that he would like to have the rate
increase tied to the backflow prevention requirements. Commissioner
~„ Parsons felt the city was being penalized for conserving by now having to
raise the rates to make up for the shortfall.
,~„ It was the consensus of the Commission to authorize staff to draft an
ordinance to adopt the revised rates for first reading and public
hearing on July 12tH .
Clear Sight Distance C. Provide direction to staff regarding revisions to the City Code to
address clear sight distance at street intersections and for
sidewalks (City Manager)
City Manager Hanson explained that the FDOT standards for sight distance
were used to determine what could be allowed in a site triangle.
Community Development Director Doerr displayed a diagram illustrating
~* the site triangle and indicated that measurements would have to be taken to
define clear sight distance.
City Manager Hanson pointed out that several revisions would have to be
made to different sections of the city code to define how clear sight distance
can be maintained at street intersections and along property boundaries that
adjoin streets.
The draft of the proposed fence and wall regulations was discussed.
~"' Commissioner Parsons inquired concerning the wall on the Warnock
property at 1St Street and East Coast Drive. Mayor Meserve responded that
the City Attorney had advised that it would be problematic if anything was
'""' done other than leaving the stop signs up where they are.
Ms. Doerr pointed out that the current ordinance did not address
'"'"' obstructions and hazards within the site triangle and the proposed ordinance
would allow the Public Safety Director to address those hazards.
It was the consensus of the Commission that staff draft an ordinance
June 28, 2004 REGULAR COMMISSION MEETING Pa e 10
revising all sections of the City Code relevant to clear sight distance at
street intersections and for sidewalks and bring back the ordinance for first
reading on July 12th. It was requested that a complete report explaining
each change to the code be included with the ordinance.
Authorize Staff to Draft D. Authorize staff to draft an ordinance to amend the City Code to
an Ordinance to eliminate the payment of interest on customer deposits (City
Eliminate Payment of Manager)
Interest on Customer
Deposits Motion: Authorize staff to draft an ordinance to amend the City Code
to eliminate the payment of interest on customer deposits.
There was no discussion.
Moved by Waters, seconded by Simmons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0 -
MOTION CARRIED
Approve Increase in the E. Approve increase in the existing contract with GAI Consulting
Existing GAI Contract to an amount not to exceed $79,500 in order to provide
inspection services through this fiscal year (City Manager)
°~'' Motion: Approve increase in the existing contract with GAI
Consulting to an amount not to exceed $79,500 in order to provide
inspection services through this fiscal year.
There was no discussion.
"° Moved by Waters, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0 -
MOTION CARRIED
Award a Contract to F. Award a contract to CDM for grant application preparation
CDM for Grant services for Hopkins Creek Stormwater Regional Detention
Application Preparation Facility in the amount of $11,989.00 (City Manager)
Services
Motion: Award a contract to CDM for grant application preparation
services for Hopkins Creek Stormwater Regional Detention Facility in
the amount of $11,989.00.
~„ Commissioner Parsons inquired if there had been any flooding in the
Aquatic Gardens area during the recent heavy rainstorms. Public Works
June 28, 2004 REGULAR COMMISSION MEETING Pa e 11
Director Carper responded that there was no major flooding. Commissioner
Parsons reported flooding between East Coast Drive and Ocean Boulevard
at 15`h Street.
Moved by Waters, seconded by Simmons
Votes:
~, Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 0 -
MOTION CARRIED
Authorize the City G. Authorize the City Manager to enter into a contract with Purvis
Manager to enter into a Gray & Company for audit services for afour-year period at a
~, Contract with Purvis cost totaling $158,000 plus related services costs if needed, per
Gray & Company for the Request for Proposals specifications, with an option to renew
Audit Services for an additional two years if mutually agreed upon (City
Manager)
Motion: Authorize the City Manager to enter into a contract with
~• Purvis Gray & Company for audit services for afour-year period at a
cost totaling $158,000 plus related services costs if needed, per the
Request for Proposals specifications, with an option to renew for an
~** additional two years if mutually agreed upon.
There was no discussion. Commissioner Waters commented that Purvis
!~" Gray and Company previously provided audit services for the city and he
had always been satisfied with their work.
Moved by Waters, seconded by Parsons
Votes:
Aye: 4 -Parsons, Simmons, Meserve
~"" Nay: 0 -
MOTION CARRIED
Selection of a Voting H. Select a Voting Delegate for the Florida League of Cities Annual
Delegate Conference (Commissioners Simmons & Waters attending)
(City Manager)
Motion: Designate Commissioner Dezmond Waters as the city's voting
delegate to the Annual Florida League of Cities Conference.
There was no discussion.
Moved by Simmons, seconded by Meserve
Votes: Aye: 4 -Parsons, Simmons, Waters, Meserve
Nay: 1 -Waters
MOTION CARRIED
June 28, 2004 REGULAR COMMISSION MEETING Pa e 12
Appointment to the I. Appointment to the Tree Board to replace Susan Grube
Tree Board
Motion: Appoint Elizabeth Green to fill the unexpired term of Susan
Grube on the Tree Board.
Commissioner Parsons inquired if new Board Members received
information concerning the duties of the Tree Board. City Clerk King
responded that they received a packet of information concerning their
powers/duties.
Moved by Meserve, seconded by Waters
Votes:
Aye: 4 -Parsons, Simmons, Meserve
Nay: 0 -
MOTION CARRIED
Parking for the lOt" J. Discussion and related action in connection with parking for the
Street Condominiums condominiums at 10th Street (Commissioner Parsons)
City Manager's Report
Item 8J was taken out of sequence and acted on after Item 3. Unfinished
Business from Previous Meetings.
9. City Manager
A. City Manager's Report
City Manager Hanson summarized his written report, which is attached and
made part of this official record as Attachment D.
Beach Renourishment
After hearing the report on Beach Renourishment, it was the consensus of
the Commissioners that a letter, signed by the Mayor and City
Commissioners, be sent to our Senators urging them to support beach
renourishment funding.
Shade Meeting
City Manager Hanson reported that a Shade Meeting to discuss collective
bargaining issues had been tentatively scheduled for 5:00 p.m. on July 26th
Financial Disclosure Reports
City Clerk King reminded the Commissioners that their Financial
Disclosure Reports were due by the end of the month.
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June 28, 2004 REGULAR COMMISSION MEETING Paee 13
Reports/Requests 10. Reports and/or requests from City Commissioners and City
City Commissioners Attorney
City Attorney
Commissioner Simmons
• Inquired concerning the status of beautification project for the five-
points area. Public Works Director Carper responded that he would
make his report on the project at the next meeting.
Commissioner Parsons
~,,, • Presented the Mayor with a Historic Preservation Award from the
City of Jacksonville Historic Preservation Commission in
recognition of the city's support of the Beaches Area Historical
. Society's project to identify historic buildings and homes at the
beaches.
Commissioner Waters
• Inquired if the hiring of an Attorney was included in the approval of
~* Item 8A. City Manager Hanson confirmed that an attorney was
included.
• .Confirmed that Johnston Island was on the next agenda.
Mayor Meserve
The Mayor, as the beaches liaison to the Super Bowl Committee,
commented on the following items:
• Expressed concerns relative to security for the event and stated he
would be meeting with Jacksonville Mayor Peyton to discuss the
security plan.
• Expressed concern for who will be paying for transportation to
!""' events at the beach, such as the Air Show, and stated that he would
also discuss the beaches cities' responsibilities with Mayor Peyton.
'""~ • Stated there was one month remaining to sanction events for the
Super Bowl.
The Mayor indicated he would report back to the Commission after his
meeting with Mayor Peyton.
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June 28, 2004 REGULAR COMMISSION MEETING Page 14
Adjournment There being no further discussion, the Mayor declared the meeting
adjourned at 9:30 p.m.
John Meserve, Mayor/Presiding Officer
ATTEST:
Maureen King
Certified Municipal Clerk
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