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HomeMy WebLinkAbout2003-05-14 - City Commission Regular Meeting MinutesCITY OF TAMARAC REGULAR CITY COMMISSION MEETING WEDNESDAY MAY 14, 2003 CALL TO ORDER: Mayor Schreiber called the regular meeting of the City Commission to order at 7:00 p.m. in Chambers at Tamarac City Hall, 7525 NW 88 Avenue, Tamarac, FL. PRESENT: Mayor Joe Schreiber, Vice Mayor Karen L. Roberts, Commissioner Beth Flansbaum-Talabisco, Commissioner Marc L. Sultanof, and Commissioner Edward C. Portner. ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Mitchell S. Kraft, and City Clerk Marion Swenson. PLEDGE OF ALLEGIANCE: Vice Mayor Roberts led the pledge of allegiance. 1. PROCLAMATIONS/SPECIAL RECOGNITIONS: a. Presentation by Mayor Schreiber of a proclamation proclaiming the week of May 18-24, 2003 as Emergency Medical Services Week. Fire Chief Budzinski accepted and said EMS Chief Terry was unable to be present tonight due to the EMS competition in Dania Beach. Chief Budzinski expressed appreciation and thanks on behalf of Tamarac's firefighters, paramedics and EMTs, and recognized several EMTs and cadets in the audience. Chief Budzinski said the cadets are participating in a first responder course so they may supplement efforts in case of disaster. b. Presentation by Mayor Schreiber of a proclamation proclaiming May 2003 as Pledge of Civility Month in the City of Tamarac. Mayor Schreiber encouraged everyone to manage their anger and said angry people hurt themselves and destroy lives; it is better to just walk away from them. City Attorney Kraft accepted the proclamation and expressed thanks on behalf of the Florida Bar. PFPC)PTA 2. City Commission: Mayor Schreiber said Tamarac will be 40 years old in July and will celebrate on July 4t" at the Tamarac Sports Complex with special fireworks. Mayor Schreiber welcomed everyone to attend. Commissioner Flansbaum-Talabisco said she has served almost two months now and thanked the Commission and welcomed the residents at tonight's meeting. Commissioner Flansbaum-Talabisco said she has toured the city with Assistant City Manager Cernech, in particular District 2, seeing what we are going well and what can be improved upon. Commissioner Flansbaum-Talabisco said she attended Powertrack with City Manager Miller and observed Chief Dugger in action regarding police activity in Tamarac. Commissioner Flansbaum-Talabisco reported she has met with three May 14, 2003 1 homeowners associations and numerous residents, and attended the groundbreaking for the new fire station and the tribute to veterans at the Community Center hosted by Commissioner Sultanof. Commissioner Sultanof said the city is doing great and encouraged everyone to go see the new library under construction. Commissioner Sultanof said he attended a meeting with the renowned artist for the Tamarac Library, which will be a state of the art facility. Commissioner Sultanof noted the Community Center is busy as a beehive with 400-500 visiting daily; everyone should be proud of it and it is the beginning of the new main street. Commissioner Portner said he toured three cities today; Abaco, City Place in West Palm Beach and Atlantic Boulevard in Delray, relating to the main street concept and he will provide a written report to the Commission. Vice Mayor Roberts thanked the Mayor and Commissioners for their support of the Tamarac Elementary dinner night and auction. Vice Mayor Roberts congratulated the Tamarac Bulldogs for the medal received in Ohio and said the Special Olympics color guard is the only one in the world and they have been invited to the nationals in California next year. Vice Mayor Roberts reported Public Works is finishing the trophy case for the Community Center. 3. City Attorney: City Attorney Kraft had no report. 4. City Manager: City Manager Miller reported Tamarac received a $4,000 grant for CERT training for an additional 35 participants. Satellite City Hall hours have been extended from 9:00 a.m. to 2:00 p.m. and credit card payments through the Internet are accepted for utility payments. City Manager Miller said Lt. Percy Sayles has been recognized as the paramedic of the year, Firefighter/EMT Steve Ward as EMT of the year at the annual First There, We Care from Broward County. Public Education Specialist Van Schoen won 2nd place in the public education category. City Manager Miller acknowledged the paramedic competition team and extraction team, who will compete in the first event of Broward County extraction competition, which Outdoor World will host in Dania Beach. The Mother's Day brunch and fashion show was held on May 91h at Woodmont Country Club with 75 guests in attendance and Memorial Day ceremonies will be held on Monday, May 26th at 10:00 a.m. in Tamarac Veterans Park. 5. PUBLIC PARTICIPATION: Joe Bartolo, 5707 NW 84 Terrace, and Pat Drum Heller, 8450 Lagos de Campo Blvd., said their respective streets had been dug up for curb installation and left with piles of dirt and rocks. City Manager Miller said this is one of our construction projects and Assistant City Manager Cernech will discuss the matter with Mr. Bartolo and Ms. Heller and a report will be provided to the Commission. Assistant City Manager Cernech said this is likely the end of Phase IV -A and we are just starting Phase IV-B; tree planting and landscaping will begin soon and he will talk with the residents regarding their concerns. Robert Franklin, 4970 E. Sabal Palm, spoke about his perceived problems with the operation of the Consumer Affairs office. May 14, 2003 Mayor Schreiber suggested Mr. Franklin make recommendations to the Consumer Affairs Committee and said the matter would be looked into. Commissioner Sultanof spoke about past operation of the office and suggested Mr. Franklin contact Faye Koch, chairperson of the Consumer Affairs Committee. CONSENT AGENDA 6. Commissioner Portner seconded by Commissioner Sultanof moved the addition of Temporary Resolution 10129 to the consent agenda as item 6(i). Temporary Resolution 10129, a Resolution of the City Commission of the City of Tamarac, Florida, appointing Commissioner Beth Flansbaum-Talabisco as liaison to the Emergency Medical Services (EMS) Committee for a period of time not to extend past the next general municipal election which will be held in March 2005; providing for conflicts; providing for severability; and providing an effective date. On roll call Commissioner Flansbaum-Talabisco voted "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Partner seconded by Commissioner Sultanof moved the addition of Temporary Resolution 10130 to the consent agenda as item 60). Temporary Resolution 10130, a Resolution of the City Commission of the City of Tamarac, Florida, appointing Mayor Joe Schreiber as liaison to the Insurance Advisory Board for a period of time not to extend past the next general municipal election which will be held in March 2005; providing for conflicts; providing for severability; and providing an effective date. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", Mayor Schreiber "yes", and Commissioner Flansbaum- Talabisco "yes". Motion carried. Commissioner Portner seconded by Commissioner Sultanof moved the addition of Temporary Resolution 10131 to the consent agenda as item 6(k). Temporary Resolution 10131, a Resolution of the City Commission of the City of Tamarac, Florida, appointing Mayor Joe Schreiber as liaison to the Investment Advisory Committee for a period of time not to extend past the next general municipal election which will be held in March 2005; providing for conflicts; providing for severability; and providing an effective date. On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", Mayor Schreiber "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. Commissioner Partner seconded by Commissioner Sultanof moved the addition of Temporary Resolution 10132 to the consent agenda as item 6(I). Temporary Resolution 10132, a Resolution of the City Commission of the City of Tamarac, Florida, appointing Commissioner Beth Flansbaum-Talabisco as liaison to the Parks and Recreation Board for a period of time not to extend past the next general municipal election which will be held in March 2005; providing for conflicts; providing for severability; and providing an effective date. On roll call Vice Mayor Roberts voted "yes", Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Flansbaum- Talabisco "yes", and Commissioner Sultanof "yes". Motion carried. May 14, 2003 Commissioner Sultanof seconded by Vice Mayor Roberts moved the addition of Temporary Resolution 10133 to the consent agenda as item 6(m). Temporary Resolution 10133, a Resolution of the City Commission of the City of Tamarac, Florida, appointing Commissioner Edward C. Partner as liaison to the Public Information Committee for a period of time not to extend past the next general municipal election which will be held in March 2005; providing for conflicts; providing for severability; and providing an effective date. On roll call Commissioner Portner voted "yes", Mayor Schreiber "yes", Commissioner Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "yes". Motion carried. Commissioner Portner seconded by Vice Mayor Roberts moved the addition of Temporary Resolution 10134 to the consent agenda as item 6(n). Temporary Resolution 10134, a Resolution of the City Commission of the City of Tamarac, Florida, appointing Commissioner Marc L. Sultanof as liaison to the Social Services Board, with particular emphasis on elder affairs for a period of time not to extend past the next general municipal election which will be held in March 2005; providing for conflicts; providing for severability; and providing an effective date. On roll call Mayor Schreiber voted "yes", Commissioner Flansbaum-Talabisco "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "yes", and Commissioner Portner "yes". Motion carried. Commissioner Portner seconded by Commissioner Flansbaum-Talabisco moved the addition of Temporary Resolution 10135 to the consent agenda as item 6(o). Temporary Resolution 10135, a Resolution of the City Commission of the City of Tamarac, Florida, appointing Commissioner Marc L. Sultanof as liaison to the Veterans Affairs Committee for a period of time not to extend past the next general municipal election which will be held in March 2005; providing for conflicts; providing for severability; and providing an effective date. On roll call Commissioner Flansbaum- Talabisco voted "yes", Commissioner Sultanof "yes", Vice Mayor Roberts "yes", Commissioner Portner "yes", and Mayor Schreiber "yes". Motion carried. Commissioner Sultanof seconded by Commissioner Portner moved approval of all items on the consent agenda, including 6(i), 60), 6(k), 6(I), 6(m), 6(n) and 6(o). On roll call Commissioner Sultanof voted "yes", Vice Mayor Roberts "no", Commissioner Portner "yes", Mayor Schreiber "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. a. APPROVE the minutes of the April 23, 2003 regular City Commission meeting. APPROVED b. LOCAL OPTION GAS TAX IMPOSED BY THE BROWARD COUNTY LOCAL OPTION GAS TAX ORDINANCE: (TR10111) Executing the 2003 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds of the Local Option Gas Tax imposed by the Broward County Local Option Gas Tax ordinance. RESOLUTION NO. R2003-97 May 14, 200;- C. ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL ORDINANCE: (TR10112) Executing the 2003 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Broward County Additional Local Option Gas Tax on Motor Fuel ordinance. RESOLUTION NO. R2003-98 d. FIFTH CENT ADDITIONAL LOCAL OPTION GAS TAX ON MOTOR FUEL FOR TRANSIT: (TR10113) Executing the 2003 Amendment to Interlocal Agreement between Broward County and City of Tamarac providing for division and distribution of the proceeds from the Broward County Fifth Cent Additional Local Option Gas Tax on Motor Fuel for Transit. RESOLUTION NO. R2003-99 e. CONFIRMING THE APPOINTMENT OF RON HOLT AS A TRUSTEE OF THE POLICE PENSION BOARD: (TR10105) Confirming the appointment of Ron Halt as a Trustee of the Police Pension Board to serve a two-year term ending April 25, 2005. RESOLUTION NO. R2003-100 f. PURCHASE OF HERBICIDES: (TR10109) Authorizing an additional expenditure not to exceed $50,000 for the purchase of aquatic, ornamental and turf herbicides utilizing City of Tamarac Bid No. 03-01 B. RESOLUTION NO. R2003-101 g. AMENDMENT TO AGREEMENT — ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY INC.: (TR10061) Executing an amendment to the agreement between the City of Tamarac and Zambelli Internationale Fireworks Manufacturing Company, Inc., exercising the option to renew for the 2003 fireworks at a cost of $25,000.00 with the addition of special set pieces for the City's 401h birthday, not to exceed $3,650.00, for a grand total not to exceed $28,650.00. RESOLUTION NO. R2003-102 h. REJECTION OF BIDS FOR PAINTING AND WATERPROOFING: (TR10118) Rejecting all bids under Bid No. 03-21 B for the painting and waterproofing of municipal buildings. RESOLUTION NO. R2003-103 i. APPOINTING COMMISSIONER BETH FLANSBAUM-TALABISCO AS LIAISON TO THE EMERGENCY MEDICAL SERVICES (EMS)_ COMMITTEE: (TR10129) Appointing Commissioner Beth Flansbaum-Talabisco as liaison to the Emergency Medical Services (EMS) Committee for a period of time not to extend past the next general municipal election which will be held in March 2005. RESOLUTION NO. R2003-104 j. APPOINTING MAYOR JOE SCHREIBER AS LIAISON TO THE INSURANCE ADVISORY BOARD: (TR10130) Appointing Mayor Joe Schreiber as liaison to the Insurance Advisory Board for a period of time not to extend past the next general municipal election which will be held in March 2005. RESOLUTION NO. R2003-105 May 14, 2003 k. APPOINTING MAYOR JOE SCHREIBER AS LIAISON TO THE INVESTMENT ADVISORY COMMITTEE: (TR10131) Appointing Mayor Joe Schreiber as liaison to the Investment Advisory Committee for a period of time not to extend past the next general municipal election which will be held in March 2005. RESOLUTION NO. R2003-106 I. APPOINTING COMMISSIONER BETH FLANSBAUM-TALABISCO AS LIAISON TO THE PARKS AND RECREATION BOARD: (TR10132) Appointing Commissioner Beth Flansbaum-Talabisco as liaison to the Parks and Recreation Board for a period of time not to extend past the next general municipal election which will be held in March 2005. RESOLUTION NO. R2003-107 M. APPOINTING COMMISSIONER EDWARD C. PORTNER AS LIAISON TO THE PUBLIC INFORMATION COMMITTEE: (TR10133) Appointing Commissioner Edward C. Portner as liaison to the Public Information Committee for a period of time not to extend past the next general municipal election which will be held in March 2005. RESOLUTION NO. R2003-108 n. APPOINTING COMMISSIONER MARC L. SULTANOF AS LIAISON TO THE SOCIAL SERVICES BOARD, WITH PARTICULAR EMPHASIS_ ON ELDER AFFAIRS: (TR10134) Appointing Commissioner Marc L. Sultanof as liaison to the Social Services Board, with particular emphasis on elder affairs for a period of time not to extend past the next general municipal election which will be held in March 2005. RESOLUTION NO. R2003-109 o. APPOINTING COMMISSIONER MARC L. SULTANOF AS LIAISON TO THE VETERANS AFFAIRS COMMITTEE: (TR10135) Appointing Commissioner Marc L. Sultanof as liaison to the Veterans Affairs Committee for a period of time not to extend past the next general municipal election which will be held in March 2005. RESOLUTION NO. R2003-110 END OF CONSENT AGENDA REGULAR AGENDA ORDINANCES — FIRST READINGS 7. AMENDING CHAPTER 24 OF THE TAMARAC CODE — CREATING SECTION 24-614, "PLACEMENT OF BASKETBALL HOOPS AND POLES": (T02006) Motion to adopt Ordinance on first reading amending Chapter 24 of the Code of Ordinances entitled, "Zoning", Article VI, "Accessory Uses`, Creating Section 24-614 entitled, "Placement of Basketball Hoops and Poles" establishing requirements for the placement of basketball hoops and poles (Case No. 15-Z-03); providing for codification. City Attorney Kraft read Temporary Ordinance 2006, revision #3, on first reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum-Talabisco moved approval. Vice Mayor Roberts questioned location of mobile and permanent hoops and poles and Community Development Director King responded that they need to be five feet from the property line when not in use but mobile hoops may be moved when in May 14, 2003 r, use. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum- Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "no", and Commissioner Portner "yes". Motion carried. APPROVED FIRST READING 8. AMENDING CHAPTER 24 OF THE TAMARAC CODE — ARTICLE VII, "FENCES, WALLS AND HEDGES":_ (TO1997) Motion to adopt Ordinance on first reading amending Chapter 24 of the City of Tamarac Code of Ordinances entitled, "Zoning", Article VII, "Fences, Walls and Hedges", Section 24-631 entitled, "Residential Districts" by amending setback requirements for fences and walls, amending height requirements for fences and hedges, providing for exemptions, and providing for definition of "secondary street", and amending Section 24-634 entitled, "All Districts" to require that all fences, walls and hedges located within a sight triangle must adhere to the appropriate state, county or city standards (Case No. 7-Z-03); providing for codification. City Attorney Kraft read Temporary Ordinance 1997, revision #2, on first reading by title. Commissioner Sultanof seconded by Commissioner Flansbaum- Talabisco moved approval. Commissioner Portner questioned a sentence in the staff memorandum regarding the fact that hedges might be maintained at 10 feet, and Community Development Director King explained this verbiage will not be included in the code. Vice Mayor Roberts expressed concern about 4' chain link and 6' privacy fences connecting and questioned why a 6' chain link fence would not be allowed. Community Development Director King said typically residential chain link fences are 4' high and 6' high fences are in commercial areas; the intent is to keep residential areas from a commercial feel. Commissioner Sultanof asked if this is in conformity with the county and Community Development Director King responded verbiage in the code will support county and state requirements. On roll call Vice Mayor Roberts voted "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", Commissioner Flansbaum- Talabisco "yes", and Mayor Schreiber "yes". Motion carried. APPROVED FIRST READING PUBLIC HEARINGS 7:00 P.M. OR THEREAFTER 9. CDBG ANNUAL ACTION PLAN — 4T" YEAR: (TR10116) Motion to approve Resolution authorizing the appropriate City Officials to accept the Fourth Year Action Plan "Recommendations" for expenditures of the City of Tamarac's U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) Program for the HUD Fiscal Year (FY2003) Case No. 8-MI-03). City Attorney Kraft read Temporary Resolution 10116 by title. Commissioner Sultanof seconded by Vice Mayor Roberts moved approval. Commissioner Portner spoke of the CDBG grant and small business recruitment initiative relative to the State Road 7 shopping center, and asked if those landlords and tenants have been informed. Community Development Director King responded that staff is putting a brochure together to send to property owners and realtors within 30 days to make them aware of available funding for cleaning up the area. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Flansbaum-Talabisco voted "yes", May 14, 2003 Commissioner Portner "yes", Mayor Schreiber "yes", Commissioner Sultanof "yes", and Vice Mayor Roberts "yes". Motion carried. RESOLUTION NO. R2003-111 10. AMENDMENT TO LAND USE ELEMENT OF COMPREHENSIVE PLAN = "SOUTHGATE AT NOB HILL PLAT": (T02007) Motion to adopt Ordinance on first reading adopting an amendment to the Land Use Element of the City Comprehensive Plan in accordance with Chapter 163, Sections 163.3184 and 163.3187 of the Florida Statutes, concerning a small-scale Land Use Plan Amendment proposal by John M. Milledge, Esq. to change the use of land described as Parcel "A" of the "Southgate at Nab Hill Plat", according to the Plat thereof as recorded in Plat Book 170, Pages 40 and 41 of the Public Records of Broward County, Florida, located at the southeast corner of Nob Hill Road and Southgate Boulevard, from Commercial to Low Medium Residential (5-10 du/ac) through issuance of fifty-one (51) flexibility or reserve units to allow for the construction of fifty-one (51) residential town home units comprising approximately 4.54 net acres and 6.24 gross acres (Case No. 2-LUA-03); providing for amendment to the Land Use Element to reflect such change. City Attorney Kraft read Temporary Ordinance 2007 on first reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Commissioner Portner questioned several items in the letter of transmittal, in particular page 2(e) regarding the joint planning agreement; page 7, item 4, rejected plan capacity; page 9, drainage analysis; additional facilities permit; exhibit "C" additional wastewater flow; and exhibit "E" and page 10, discrepancy between All Service Garbage and Waste Management, Inc. Jay Huebner of Carnahan, Cross and Proctor and Community Development Director King responded as follows: there is no one else involved in a joint agreement; there was a typographical error in the rejected plan capacity; explained the SFWMD permitting process as it pertains to this property; the developer will work with the Utilities Department to tie in to the wastewater system with a minimum of disruption to the system; All Service will pick up garbage, not Waste Management, Inc. Vice Mayor Roberts confirmed that the zoning change is to go from commercial to residential, and said that with school overcrowding at its current level she did not feel this change of zoning was appropriate. Mr. Huebner said the County currently lists the zoning as residential, and this change will bring the City into conformity with the County. The property has been vacant a long time and the current developer would like to create a residential community which would have a low impact on the schools. Vice Mayor Roberts said figuring the number of anticipated students using the State formula has not gone well for Tamarac in the past. Mayor Schreiber opened the public hearing. Burt Schneider, 8016 NW 72 Street said he is in agreement with Vice Mayor Roberts. Vice Mayor Roberts questioned the additional traffic and affect on the community that will be generated due the Southgate Linear Park and changing roadways and Community Development Director King said the traffic counts would be less if the property is designated residential than if it were to stay commercial. Mayor Schreiber said the City has an ongoing economic policy and in the course of attracting businesses to Tamarac we must also provide places for people to live and send their children to school. There being no one else wishing to speak, Mayor Schreiber closed the public hearing. On roll call Commissioner Portner voted "yes", Vice Mayor Roberts "no", May 14, 2003 Commissioner Flansbaum-Talabisco "yes", Sultanof "yes". Motion carried. APPROVED ON FIRST READING Mayor Schreiber "yes", and Commissioner ORDINANCES --- SECOND READINGS 11. AMENDING CHAPTER 5 OF THE TAMARAC CODE — SECTION 5-26, ADOPTION OF BUILDING AND AMENDMENTS: (T02003) Motion to adopt Ordinance on second reading amending Chapter 5, Buildings and Building Regulations, Article II. Construction Standards, Section 5-26, Adoption of building and amendments, of the Tamarac Code, adopting the Florida Building Code; providing that all references in the Tamarac Code referring to the Broward Edition of the South Florida Building Code are changed to Florida Building Code; providing for codification. City Attorney Kraft read Temporary Ordinance 2003, revision 4/8/03, on second reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Mayor Schreiber voted "yes", Vice Mayor Roberts "yes", Commissioner Sultanof "yes", Commissioner Portner "yes", and Commissioner Flansbaum-Talabisco "yes". Motion carried. ORDINANCE NO. 0-2003-07 12. AMENDING CHAPTER 8 OF THE TAMARAC CODE — SECTION 8-1. DEFINITIONS: 'T02004, Motion to adopt Ordinance on second reading amending Chapter 8, Flood Prevention and Protection, Section 8-1. Definitions, of the Tamarac Code, adding the definitions: area of special flood hazard, lowest floor, manufactured home, special flood hazard area and start of construction; providing for codification. City Attorney Kraft read Temporary Ordinance 2004, revision 4/09/03, on second reading by title. Commissioner Portner seconded by Commissioner Sultanof moved approval. Mayor Schreiber opened the public hearing and with no one wishing to speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Commissioner Flansbaum-Talabisco "yes", Mayor Schreiber "yes", Vice Mayor Roberts "yes", and Commissioner Partner "yes". Motion carried. ORDINANCE NO. 0-2003-08 END OF PUBLIC HEARINGS There being no further business to come before the Commission, Mayor Schreiber adjourned the meeting at 8:05 p.m. r " _.. -rc f JOE SCHREIBER MAYOR MARION SW NSON, CMC CITY CLERK May r