HomeMy WebLinkAbout2006-09-27 - City Commission Regular Meeting MinutesCITY OF TAMARAC
REGULAR CITY COMMISSION MEETING
CITY HALL CHAMBERS
WEDNESDAY SEPTEMBER 27, 2006
CALL TO ORDER: Mayor Flansbaum-Talabisco called the regular meeting of the City
Commission to order at 9:00 a.m. on Wednesday, September 27, 2006 in Chambers at
Tamarac City Hall, 7525 N.W. 88th Avenue, Tamarac, FL.
PRESENT: Mayor Beth Flansbaum-Talabisco, Vice Mayor Edward C. Portner,
Commissioner Patte Atkins -Grad, and Commissioner Marc L. Sultanof.
ABSENT/EXCUSED: Commissioner Harry Dressler.
ALSO PRESENT: City Manager Jeffrey L. Miller, City Attorney Samuel S. Goren, and
City Clerk Marion Swenson.
Vice Mayor Edward C. Portner led the pledge of allegiance.
INTRODUCTION
1. PROCLAMATIONS AND PRESENTATIONS:
a. Presentation by John Pryor of the GFOA 2005 Distinguished Budget Award to
the Financial Services Department. This item was deferred to a later meeting due to a
conflict in Mr. Pryor's schedule.
b. Presentation by Mayor Flansbaum-Talabisco of a proclamation proclaiming
September 2006 as "Prostate Cancer Awareness Month" in the City of Tamarac. Mayor
Flansbaum-Talabisco read the proclamation into the record.
2. City Commission: Mayor Flansbaum-Talabisco reported the League of Cities
has put together a Hurricane Preparedness Committee, and the Committee will
dispense monthly tips to the public through the Sun -Sentinel and Homeowner and
Condo Associations in Broward County. Mayor Flansbaum-Talabisco said she attended
a Library Board meeting last week and there has been talk about potential cuts to
libraries. Mayor Flansbaum-Talabisco said she spoke with Broward County
Commissioner Lieberman this morning about this issue and was told libraries will
remain untouched except for perhaps a County recommendation to change hours for
some libraries. Mayor Flansbaum-Talabisco reported she had discussions with Fire
Chief Budzinski about the Juvenile Fire Prevention Program. An additional $50,000 is
needed to fund the program and it has been funded. Monday evening Mayor
Flansbaum-Talabisco attended the first Educational Summit in Tamarac. Thursday
Mayor Flansbaum-Talabisco represented Tamarac, along with City Manager Miller and
Assistant City Manager Phillips in Washington, D.C. They talked with the elected
officials about funding programs for Tamarac, and they were assisted by the lobbyist
September 27, 2006
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from the Russ Reid group. Mayor Flansbaum-Talabisco commended Vice Mayor
Portner on paving the way for her to go to Washington; Mayor Flansbaum-Talabisco
said the meeting was positive and productive.
Vice Mayor Portner said he is an 11-year prostate cancer survivor and urged all men
age 50 and above to have a PSA test as it will save their lives in the long run.
Commissioner Atkins -Grad said she found out on Friday that her brother has prostate
cancer and encouraged men to have the PSA test.
Commissioner Sultanof acknowledged Ralph Baer in the audience, representing
Jeremy Ring, and invited Mr. Baer to attend future meetings. Commissioner Sultanof
addressed remarks to Ms. Patti Lynn, who was in the audience, and said years ago he
also ran for office and was not elected, but he waited and was then appointed to take
the seat of someone who left mid-term, and he was elected after that and has been
serving ever since. Commissioner Sultanof said the Mayor can go into any district she
chooses to speak, and she informs the district commissioner ahead of time. For any
questions relating to a particular district, people should call that district's commissioner.
If there are, in particular, questions regarding district two, then Commissioner Atkins -
Grad should be contacted. The elected officials are doing a good job. Commissioner
Sultanof said the City of Tamarac can ill afford an election in March; if we move to
November elections the county will pick up the majority of the cost of the election.
Mayor Flansbaum-Talabisco acknowledged Lori Plotnick, a faithful attendee,
representing Representative Ari Porth.
3. City Attorney, City Attorney Goren said for the next legislative session there are
discussions pending regarding a change in State law to freeze obligations at the roll
back rate for future years. No Bill has been filed yet; the roll back rate is not the rate on
which the budget is based. When a Bill is filed, staff will review it; the desire at this
coming session is for larger tax relief measures, but there may be implications for cities
of certain size. For Tamarac, a city that is judicious about its budget, this could be a
move that would penalize the city; we will need our representatives to look at this
carefully for FY08.
Commissioner Sultanof asked if the language had been amended to Temporary
Resolution 11071, as discussed during the workshop meeting on Monday. City
Attorney Goren said in the final resolution reference to senior citizens was deleted and
global language was added.
Vice Mayor Portner said Gubernatorial Candidate Crist is desirous of doubling
homestead exemption, but Vice Mayor Portner is of the opinion that many cities already
have additional exemptions. City Attorney Goren said this item will appear on the
November 7 ballot and is an increase from $25,000 to $50,000. This was brought forth
in a joint resolution during the past session; but this is a different issue than the one City
Attorney Goren brought forward for discussion this morning. City Manager Miller said
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the additional exemption could have a major impact on the cities. Vice Mayor Portner
asked that Financial Services Director Chapman determine the financial impact to
Tamarac.
4. City Manager. City Manager Miller congratulated Human Resources Director
Swanson and the Human Resources Department on receipt of a most prestigious award
from the International Public Management Association for Human Resources as the
Best Small City Human Resources Department in the Country. After Hurricane Wilma,
the atterdion the Human Resources Department gave to the senior citizens in Tamarac,
under the direction of Human Resources Director Swanson, organizing deliveries and
teams, checking on our seniors, is a example of the work this department does day in
and day out. Parks and Recreation reports the amphitheater at Sunset Point Park that
suffered damage as a result of Hurricane Wilma, has been repaired. The next concert
of the series will be held there on October 13 beginning at 7:00 p.m. The semi-annual
garage sale will take place at the Recreation Center on Saturday, October 7tn
Participation in our children's programs is growing; the Saturday morning dance class
now has 52 children enrolled.
Mayor Flansbaum-Talabisco said with regard to our programs, while she was in
Washington talking with our elected officials, at each meeting discussion was held
regarding Tamarac's changing demographics and the fact that we are now a city of
juniors, seniors and 'in-betweeners', which is why funding of our programs reaches
across the board from small children to seniors.
Mayor Flansbaum-Talabisco asked those in the audience to put their cell phones on
vibrate during the meeting.
PUBLIC PARTICIPATION
5. Patti Lynn, 6411 NW 58 Street, Tamarac, congratulated Human Resources
Director Swanson and the Human Resources staff on receipt of their award. Ms. Lynn
encouraged the Mayor and City Commission to move forward with the Inclusive
Communities program and spoke in favor of web -streaming and televising meetings.
Ms. Lynn spoke in opposition to increases to the Mayor and City Commission's salaries.
Commissioner Sultanof said the Mayor and City Commission's salaries do not compare
with those of other cities; while this is a part-time position, the Mayor and City
Commission all put in full time hours. Vice Mayor Portner spoke of people spending a
million dollars on a campaign to win a seat that only pays $26,000 and added that is a
problem that should be addressed. The Mayor and City Commission do not serve for
the money but rather to help the residents of Tamarac. Vice Mayor Portner suggested
Ms. Lynn find another area of the budget to review as the Mayor and City Commission's
salary increase is a very small percentage of the budget.
CONSENT AGENDA
6. Vice Mayor Portner seconded by Commissioner Atkins -Grad moved the addition
of TR11070 to the consent agenda as item 6(s). TR11070, joining the National League
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of Cities in the Partnership for Working Toward Inclusive Communities. On roll call
Commissioner Sultanof voted "yes", Commissioner Atkins -Grad "yes", Mayor
Flansbaum-Talabisco "yes", and Vice Mayor Portner "yes". Motion carried
Commissioner Sultanof seconded by Commissioner Atkins -Grad moved the addition of
TR11071 to the consent agenda as item 6(t). TR 11071, encouraging Governor Bush to
convene a special session to address issues surrounding property insurance. On roll
call Commissioner Atkins -Grad voted "yes", Mayor Flansbaum-Talabisco "yes", Vice
Mayor Partner "yes", and Commissioner Sultanof "yes". Motion carried.
City Manager Miller announced Item 6(p) on the consent agenda has been revised as
discussed at the September 25, 2006 workshop meeting.
Commissioner Sultanof seconded by Commissioner Atkins -Grad moved approval of all
items on the consent agenda. On roll call Mayor Flansbaum-Talabisco voted "yes",
Vice Mayor Portner "yes", Commissioner Sultanof "yes", and Commissioner Atkins -Grad
"yes". Motion carried.
a. APPROVE the minutes of the September 13, 2006 Special City Commission
meeting.
APPROVED
b. APPROVE the minutes of the September 13, 2006 Regular City Commission
meeting.
APPROVED
C. RENEWAL OF EXISTING AGREEMENT FOR LIME SLUDGE REMOVAL —
DRD ENTERPRISES, INC. OF DAVIE_: (TR11048) Exercising the first renewal option to
the existing agreement between the City of Tamarac and DRD Enterprises, Inc. of
Davie for lime sludge removal, hauling and disposal for a period of two years
commencing on October 1, 2006 and ending on September 30, 2008 at a unit cost of
$8.00 per cubic yard and an annual cost not to exceed $120,000.
RESOLUTION NO. R2006-168
d. TEMPORARY WORKERS: (TR11009) Authorizing an expenditure not to
exceed $69,000 for temporary workers utilizing the Southeast Florida Governmental
Purchasing Cooperative agreement with Deanna Enterprises, Inc.; authorizing budget
amendments for proper accounting purposes.
RESOLUTION NO. R2006-169
e. BARGAINING UNIT PAY PLAN ADJUSTMENT: (TR11032) Authorizing a four
percent (4%) adjustment to the minimum and a four percent (4%) adjustment to the
maximum of the pay ranges in the bargaining unit pay plan.
RESOLUTION NO. R2006-170
f. AMENDING THE EXPENDITURE BUDGET AND BUDGET OF ESTIMATED
REVENUES FOR FY06: (TR11049) Amending the expenditure budget for the fiscal
year 2006; amending the budget of estimated revenues for the fiscal year 2006.
RESOLUTION NO. R2006-171
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September 27, 2006
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g. FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR INSPECTION AND
PLAN REVIEW SERVICES: (TR11050) Executing the First Amendment to Interlocal
Agreement for Emergency/Non-Guaranteed Supplemental Support between Broward
County and the City of Tamarac for Inspection and Plan Review Services to be
performed by the Broward County Building Code Services Division in the event there is
a staff shortage at a rate of Sixty -Five Dollars ($65.00) per hour for Building Code
Inspector, Seventy -Five Dollars ($75.00) per hour for Plans Examiner, Seventy -Seven
Dollars ($77.00) for Chief Building Code Inspector, and Ninety Dollars ($90.00) per hour
for Building Official Services.
RESOLUTION NO. R2006-172
h. OFFICE SUPPLY AWARD -OFFICE DEPOT, INC.: (TR11052) Awarding office
supply needs to Office Depot, Inc. on behalf of the Southeast Florida Governmental
Purchasing Cooperative for the period of December 1, 2006 through January 1, 2010,
utilizing pricing provided through the U.S. Communities Government Purchasing
Alliance Term Contract Master Purchase Agreement #42595.
RESOLUTION NO. R2006-173
i. RENEWAL OF BASIC LIFE INSURANCE AND ACCIDENTAL DEATH &
DISMEMBERMENT COVERAGE WITH METROPOLITAN LIFE INSURANCE
COMPANY: (TR11053) Approving the renewal of Basic Life Insurance and Accidental
Death & Dismemberment Coverage with Metropolitan Life Insurance Company at the
present rate the City pays for Basic Life Insurance and Accidental Death &
Dismemberment Insurance coverage effective January 1, 2007; providing for the
continuation of the existing cost allocation of the basic life insurance and accidental
death & dismemberment insurance premium between the city and employees.
RESOLUTION NO. R2006-174
j. RENEWAL OF LONG-TERM DISABILITY INSURANCE COVERAGE WITH
UNUM: (TR11054) Approving the renewal of Long-term Disability Insurance Coverage
with UNUM at the present rate the City pays for insurance coverage for employees in
the Elected, Appointed, Executive, Managerial/Professional and Administrative
categories who participate in either the City's 401(a) Retirement plan or the Elected and
Appointed Officers and Non -represented Employees Retirement Plan effective January
1, 2007; providing for the continuation of the existing cost allocation of the long-term
disability insurance premium between the city and employees.
RESOLUTION NO. R2006-175
k. RENEWAL OF THE CITY'S DENTAL INSURANCE PROGRAM WITH AETNA
LIFE INSURANCE COMPANY: (TR11056) Approving the renewal of the City's Dental
Insurance Program with Aetna Life Insurance Company effective January 1, 2007 at the
present rate the City pays; providing for the continuation of the existing cost allocation of
the dental insurance premium between the city and employees.
RESOLUTION NO. R2006-176
I. RENEWAL OF EXISTING BANKING AND REMITTANCE SERVICES
AGREEMENTS — FIRST UNION NATIONAL BANK FUND D/B/A WACHOVIA
BANK: (TR11057) Exercising the renewal option to the existing agreements between
the City of Tamarac and First Union National Bank d/b/a Wachovia Bank, N.A., for
banking services and remittance services for a two year period ending October 9, 2008.
RESOLUTION NO. R2006-177
September 27, 2006
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M. RENEWING THE COVERAGE FOR THE CITY'S HEALTH INSURANCE
PROGRAM WITH AETNA HEALTH INC.: (TR11058) Renewing the coverage for the
City's Health Insurance Program with Aetna, Inc. for the plan year effective January 1,
2007; providing for premium rates changes; providing for the continuation of the current
cost allocation of the health insurance premium between the city and employees;
providing for a waiver reimbursement maximum.
RESOLUTION NO. R2006-178
n. UTILITY EASEMENT ENCROACHMENT AND HOLD HARMLESS
AGREEMENT CHEDQAR'S CASUAL. CAFE: (TR11063) Executing a Utility
Easement Encroachment and Hold Harmless Agreement with Pepperjack Management,
Inc., for structures and landscaping placed within utility easements on the Cheddar's
Casual Cafe Project site, located at 7951 W. Commercial Boulevard; authorizing and
directing the City Clerk to record said agreement in the public records of Broward
County.
RESOLUTION NO. R2006-179
o. APPOINTING CHAIRPERSON AND VICE CHAIRPERSON TO THE
VETERANS AFFAIRS COMMITTEE: (TR11066) Appointing Martin Sucoff as
Chairperson and Joseph S. Brown as Vice -Chairperson to the Veterans Affairs Co
RESOLUTION NO. R2006-180
P. RENEWAL OF AGREEMENT BETWEEN CITY OF TAMARAC AND MITCHELL
CEASAR — LOBBYING SERVICES: (TR11026) Executing Amendment #5 to the
agreement between the City of Tamarac and Mitchell Ceasar, P.A., for lobbying
services extending the agreement for an additional one (1) year period at a cost of
$40,000.
RESOLUTION NO. R2006-181
q. BROWARD COUNTY CHALLENGE GRANT PROGRAM FUNDS FOR THE
DEVELOPMENT OF SOUTHGATE LINEAR PARK: (TR11055) Accepting an award
from the Broward County Challenge Grant Program in the amount of $150,000;
authorizing the appropriate City officials to execute an agreement between the City of
Tamarac and Broward County for Broward County Challenge Grant Program funds for
the Southgate Linear Park Project in the amount of $150,000 providing for a cash match
in local funds from the capital improvement budget for the development of Southgate
Linear Park.
RESOLUTION NO. R2006-182
r. RENEWAL OF PROPERTY, GENERAL LIABILITY, AUTOMOBILE LIABILITY,
AUTOMOBILE PHYSICAL DAMAGE AND WORKERS' COMPENSATION
INSURANCE COVERAGE: (TR11043) Renewing General Liability, Automobile Liability,
Automobile Physical Damage, Workers' Compensation, and Property Lines of coverage
with the Florida Municipal Insurance Trust (FMIT) for a one (1) year period beginning
October 1, 2006 at a cost of $1,486,026 and payment of any increase resulting from the
annual premium audit.
RESOLUTION NO. R2006-183
S. JOINING THE NATIONAL LEAGUE OF CITIES IN THE PARTNERSHIP FOR
WORKING TOWARD INCLUSIVE COMMUNITIES: (TR11070) Adopting a partnership
for working toward inclusive communities.
RESOLUTION NO. R2006-184
September 27, 2006
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t. URGING THE LEGISLATURE OF THE STATE OF FLORIDA TO CONVENE IN
A SPECIAL SESSION TO ADDRESS THE WINDSTORM INSURANCE MARKET
PROBLEMS FACING THE CITIZENS AND RESIDENTS OF THE STATE AS A
RESULT OF HURRICANES AND OTHER WEATHER -RELATED CONDITIONS:
Urging the legislature of the State of Florida to convene in a special session to address
the windstorm insurance market problems facing the citizens and residents of the state
as a result of hurricanes and other weather -related conditions; directing the City Clerk to
provide a copy of this resolution to the Governor, Speaker of the Florida House of
Representatives, President of the Florida Senate, the Broward County Legislative
Delegation, and other interested parties.
RESOLUTION NO. R2006-185
END OF CONSENT AGENDA
REGULAR AGENDA
ORDINANCES — FIRST READINGS
There were no ordinances for first reading scheduled for this meeting.
PUBLIC HEARINGS 9:00 A.M. OR THEREAFTER
7. CDBG ANNUAL ACTION PLAN — 7TM PROGRAM YEAR: (TR11059) Motion to
approve Resolution approving the projects recommended for inclusion in the Fiscal
Year 2006 Annual Action Plan for expenditure of the U.S. Housing and Urban
Development Community Development Block Grant funds estimated to be $434,900 for
the Seventh Program Year (Case No. 14-MI-06). City Attorney Goren read Temporary
Resolution 11069 by title. Commissioner Sultanof seconded by Commissioner Atkins -
Grad moved approval. Vice Mayor Portner confirmed there are 30 people currently on
the list and all would be assisted. Commissioner Sultanof asked if matching funds are
required and City Manager Miller said there is no match required for CDBG funds.
Mayor Flansbaum-Talabisco opened the public hearing and with no one wishing to
speak, closed the public hearing. On roll call Commissioner Sultanof voted "yes", Vice
Mayor Portner "yes", Commissioner Atkins -Grad "yes", and Mayor Flansbaum-Talabisco
"yes". Motion carried.
RESOLUTION NO. R2006-186
ORDINANCES — SECOND READINGS
QUASI-JUDICIAL HEARINGS
8. AMENDING PRIOR ZONING — SOUTHEAST CORNER OF NORTH
UNIVERSITY DRIVE AND NW QeH STREET: (T02119) Motion to adopt Ordinance on
second reading amending prior zoning of certain real estate property (aka: Bruce Plat)
from B-2 (Planned Community Business District) to S-1 (Recreational Olatrict), lands
commonly known as a Portion of Parcel "A" of the 'Bruce Plat", according to the Plat
thereof as recorded in Plat Book 135, Page 11 of the Public Records of Broward
September 27, 2006
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County, Florida, generally located at the southeast comer of North University Drive and
NW 64th Street (Case No. 9-Z-06); providing for amendment of the official zoning map to
reflect such change. City Attorney Goren read Temporary Ordinance 2119 on second
reading by title. Commissioner Sultanof seconded by Commissioner Atkins -Grad
moved approval. City Attorney Goren explained the quasi-judicial procedures and the
applicant Sean Chait waived his quasi-judicial rights. Deputy City Manager/Interim
Director of Community Development Cernech gave a presentation. Commissioner
Sultanof thanked the Prestige Developers for donating the land to the City for a passive
park. Mayor Flansbaum-Talabisco asked if there is a plan for the park and Deputy City
Manager/Interim Director of Community Development Cernech said it is a one -acre
parcel on which Prestige has already placed infrastructure. The City will add trees and
benches which would benefit the adjacent residents. Mayor Flansbaum-Talabisco
confirmed the park would be open to everyone in the City. Commissioner Atkins -Grad
thanked the developer for the donation of the land and said the park will bring pleasure
to the residents of District 2 as well as the residents of the entire city. Vice Mayor
Portner asked who would be responsible to maintain the park and the cost to maintain.
Deputy City Manager/Interim Director of Community Development Cernech said the City
of Tamarac would be responsible for maintenance and the cost would be insignificant;
less than $50,000. Mayor Flansbaum-Talabisco asked if there would be benches in the
park and Deputy City Manager/Interim Director of Community Development Cemech
said there would. Commissioner Sultanof confirmed that the infrastructure increases
the value of the land. Mayor Flansbaum-Talabisco opened the public hearing and with
no one wishing to speak, closed the public hearing. On roll call Mayor Flansbaum-
Talabisco voted "yes", Commissioner Sultanof "yes", Vice Mayor Portner "yes", and
Commissioner Atkins -Grad "yes". Motion carried.
ADOPTED ON FIRST READING SEPTEMBER 13, 2006
ADOPTED ON SECOND READING SEPTEMBER 27, 2006
ORDINANCE NO.O-2006-17
9. REVISED DEVELOPMENT ORDER AND NEW DEVELOPMENT SITE PLAN —
DH PROFESSIONAL CENTER II PROJECT: (TR11051) Motion to approve Resolution
issuing revised Development Order No. 298.5 and granting New Development Site Plan
approval to allow the construction of a one-story, 2,500 square foot medical office
building with associated landscaping and parking for the DH Professional Center II
project located at 8390 North University Drive, and a parking waiver to allow 9' x 18'
parking stalls where 10' x 18' parking stalls are required, and authorizing the
appropriate city officials to accept and execute a blanket public safety ingress/egress
easement with DH Professional Center, Inc. for the DH Professional Center II project,
located at 8390 North University Drive, specifically Lot 3 of the "Lyons Commercial
Subdivision No. 3" Plat, according to the Plat thereof as recorded in Plat Book 76, Page
31 of the Public Records of Broward County, Florida; authorizing and directing the City
Clerk to record said agreement in the Public Records of Broward County, Florida (Case
No. 22-SP-05); providing for conditions of approval. City Attorney Goren read
Temporary Resolution 11051 by title. Commissioner Sultanof seconded by
Commissioner Atkins -Grad moved approval. City Attorney Goren explained the quasi-
judicial procedures and Robert McIntire, Architect, waived his quasi-judicial rights on
September 27, 2006
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behalf of the owner, Desiree Hoffman. Mayor Flansbaum-Talabisco addressed the
audience and explained the plans that are distributed to the Mayor and City
Commission prior to the meeting are part of the staff preparation and the Mayor and
City Commission do their homework before hearing an item and voting on it. Deputy
City Manager/Interim Director of Community Development Cernech gave a
presentation. Commissioner Sultanof confirmed the location and asked if the residents
behind the intended location are aware of the project. Deputy City Manager/Interim
Director of Community Development Cernech said this is a consistent use and no public
notification is required. Commissioner Sultanof asked about ingress and egress and
Deputy City Manager/Interim Director of Community Development Cernech explained it
would not be directly onto University Drive. Vice Mayor Portner asked how many
spaces would be picked up by making the parking spaces smaller and Deputy City
Manager Cernech replied the minimum of 17 regular and two handicapped spaces will
be met. Vice Mayor Portner questioned the type of research done that would indicate
the need for a massage therapy business in this location and Deputy City
Manager/Interim Director of Community Development Cernech said that is the position
of the applicant; they already have a business of this type in Ft. Lauderdale. Mayor
Flansbaum-Talabisco added that certain protocols (i.e., Eastern forms of practicing
medicine) are now embraced and are being brought on board by several businesses
and corporations. Deputy City Manager/Interim Director of Community Development
Cernech explained the massage therapy is a medical facility in conjunction a
chiropractic clinic. Mayor Flansbaum-Talabisco opened the public hearing and with no
one wishing to speak, closed the public hearing. City Attorney Goren asked the
applicant if he agrees to and will be bound by the conditions in the resolution. Mr.
McIntire said yes. On roll call Commissioner Atkins -Grad voted "yes", Vice Mayor
Portner "yes", Mayor Flansbaum-Talabisco "yes", and Commissioner Sultanof "yes".
Motion carried.
RESOLUTION NO. R2006-187
END OFQUASI-JUDICIAL HEARINGS
END OF PUBLIC HEARINGS
There being no further business to come before the Mayor and City Commission, Mayor
Flansbaum-Talabisco adjourned the meeting at 9:55 a.m.
i
Marion Swenson, CMC
City Clerk
1
Beth Flansbaum-Talabisco, Mayor
September 27, 2006
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