CC06-19-17MinLONGWOOD CITY COMMISSION
Longwood City Commission Chambers
175 West Warren Avenue
Longwood, Florida
MINUTES
June 19, 2017
6:00 P.M.
Present: Mayor Joe Durso
Deputy Mayor Sackett
Commissioner John C. Maingot
Commissioner Ben Paris
Commissioner Mark Weller
Dan Langley, City Attorney
Michelle Longo, City Clerk
Troy Hickson, Director of Public Safety
David Dowda, Interim Police Chief
Chris Kintner, Community Development Director
Chris Capizzi, Leisure Services Director
Lee'Ricci, Human Resources Director
Lisa Snead, Financial Services Director
Richard Kornbluh, Division Manager Utilities
Maggie Ridore, Human Resources Generalist
Absent: Jon C. Williams, City Manager (Excused)
1. CALL TO ORDER Mayor Durso called the meeting to order at 6:00
p.m.
2. OPENING INVOCATION. Reverend Anthony Miller with Mt. Sinai
Baptist Church in Sanford gave the invocation.
3. THE PLEDGE OF ALLEGIANCE
4. COMMUNITY ANNOUNCEMENTS. Ms. Longo read the following
announcements.
A. Senior Matinee Movie will be held on. Wednesday, June 21,
2017 from 1:30 p.m. until 3:30 p.m., Longwood City Hall
(Chambers), 175 West Warren Avenue. This month's feature
is Split.
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B. The "Downtown Longwood Cruise -In" Car Show will be held
on Saturday, July 8, 2017 from 5:00 p.m. until 8:00 p.m. in the
Historic District of Longwood located off of Church Avenue.
5. PROCLAMATIONS / RECOGNITIONS
A. Proclaiming the City of Longwood General Election —
November 7, 2017.
Mayor Durso read the General Election Proclamation.
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B. Proclaiming July 2017 as Parks and Recreation Month.
Deputy Mayor Sackett read the Proclamation and then presented it
to Mr. Capizzi, Leisure Services Director. Photographs were then
taken.
C. District #5 Nomination of the Business Person of the Month
Award for July 2017.
Deputy Mayor Sackett nominated Mr. Jeff Sonksen, the Paint the
Trail Artist, for the Business Person of the Month for July 2017.
Nomination carried by a unanimous voice .vote.
D. Nomination of the Beautification Award.
Commissioner Paris nominated Biscuits Restaurant, 724 South
U.S. Highway 17-92 for the Beautification Award. Nomination
carried by a unanimous voice vote.
6. BOARD APPOINTMENTS
A. City Commission Nomination of resident to the Board of
Trustees for the City of Longwood Police Officers' and
Firefighters' Pension Trust Fund.
Commissioner Paris nominated Mr. Johnnie Richardson for
appointment to the City of Longwood Police Officers' and
Firefighters' Pension Trust Fund. Nomination carried by a
unanimous voice vote.
7. PUBLIC INPUT
A. Public Participation.
Richard Johnston, 1043 Lommler Street, Longwood. He said he
has lived in Longwood for thirty-two (32) years. He said there is a
new subdivision in his neighborhood called Oakmont, which has
brought a few headaches to us. He said he is starting to have some
erosion problems and getting a lot of flooding through this alleged
swale we have that the engineers keep talking about. He said all
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that does is bring trash down to us. He said they built a wall across
from us, which has basically become a dam. He said they have
tried sandbagging the top of the hill instead of putting stormwater
drains in. He said we are paying for stormwater drains, but we are
not getting it there. He sees City trucks come down there
wobbling all over the road. He said when he asks when they are .
going to fix the road, the answer is what problem. He said we need
help, and he would like to see somebody do something besides
sandbagging and working at the top of the hill. He stated, it rains
down at the bottom of the hill too.. He hopes somebody besides
Mr. Maingot can become involved in this.
Commissioner Maingot said he is aware of the problems and has
said to this gentleman, along with those who live on this street, that
everything is going to be done to resolve the problem. He said it is
not an easy one to deal with and efforts have been made, but so far
not been very successful. He said his last visit there was with the
City Manager on site ten (10) days ago..
Mayor Durso asked Commissioner Maingot if he felt a stormwater
drain would alleviate the pressure.
Commissioner Maingot said you have to have an area where the
water will go.
Mayor Durso said he is more concerned with the standing water
and the flooding.
Commissioner Weller said he remembers distinctly when the
developer was here with his engineer, he assured us that there was
not going to be a water problem there. He said we -have the
engineer on record for saying there was not going to be a water
problem because we have done all the calculations. He said if
there is a water problem, it is falling right back on him.
Mayor Durso said we will follow up with the City Manager when
he returns, and the engineer. He said with all the rain we have
been having, we are starting to hear about these things now.
Mr. Johnston said he was here when we had the three (3)
hurricanes back to back. He did not have as much water with all
three (3) of those hurricanes as he had with the first storm of this
season that he sent pictures of.
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Judi Coad, 1695 Grange Circle, Longwood. She said she wanted
to comment on the Agenda Item 1 OG, but first wanted to give her
condolences to the City Manager on the passing -of his father this
past weekend. She is hoping the Commission will accept the
sunset of the Public Safety Director position that was a temporary
position that has lasted over one and half (1 %2) years. She said
per her'private conversation with Mr. Williams and Commissioner
Sackett, Mr. Williams stated that he did not need an assistant. He
said he'was capable and able of doing all the work his position
entails., She said Mr. Williams was also asked this question at a
Commission meeting and stated the same response. She said we
supposedly have temporary Fire Chief and Police Chief positions
that need to be resolved as permanent. She said the Public Safety
Director's (PSD) position is one that the citizens voted to be
dissolved. Mr. Hickson does have the opportunity to step back
into his;previous position of Chief of Police, so no jobs would be
lost. She said the cost of maintaining either of these two positions
and just changing his name to Assistant City Manager is too costly
for the City. She said the cities of Altamonte Springs, Lake Mary,
Casselberry and Winter Springs do not have this position, and their
expansions within their Cities are far greater than what Longwood
has had. • She said these Cities only have an administrative position
to assist their City Managers. She made a point to call and speak
with these Cities. She said we once had that position, and if the
City Manager feels a need for some relief, you can look at
reinstating that position. She said the money supposedly saved by
the PSD, position should have easily been done via man department
heads without the expense of that. She said that is part of their
jobs. As for Economic Development, we have a department for
the City Manager to work with, or are we going to drop this
position'by adding Assistant City Manager. She said please be
fiscally responsible to your citizens and thank you for listening to
me.
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8. MAYOR AND COMMISSIONERS' REPORT
District #4. Commissioner Weller said he was informed last week that
one of our citizens who lives in Skylark, Kevin Lawson, was killed in that
workplace shooting in Orlando. He said he was informed that there are no
trash cans by the I picnic tables in front of the Hotel.
District #5. Deputy Mayor Sackett said he sends condolences to Mr.
Williams and his family. He thanked the Commission for voting him in as
the voting delegate for the Florida League of Cities Meeting because he
was not at the meeting when the Commission voted. He said while he was
gone he did fifly,(50) miles in a canoe with his grandson and spent a week
in Cancun. He said "Big Asset Pancakes" is still out there on the sign. He
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said as a personal homeowner near Reiter Park, he needs to know what
style fence is going up so he can also install one for his puppy. He said he
will meet with the City Manager and Mr. Capizzi. He said the present
chain link City fence is not holding up.
District #1. Commissioner Maingot spoke regarding the Wayman
Project, there are a few touch-up items that are required for the Grand
Opening.
District Q. Mayor Durso said he wanted to make reference to LAP
Certification, or Local Agency Program. He serves as the Metro Plan
Municipal Advisory Committee representative for this Commission on
that board, has served as chairman of that board, and served on the Metro
Plan Big Board. He said at the last meeting, we went through a very
extensive conversation regarding what a Local Agency Program without
certification allows. He said it is one of the most complicated government
processes he has ever seen. It is absolutely out of control with what they
expect City and County governments to do to be able to earn this
certification. He said the purpose of this certification is to essentially
eliminate a lot of the day-to-day bureaucracy and go straight to the point
on a lot of the projects. He said there are two types of projects; one relates
directly to individual projects and there is one which is just a general
certification, which means any project that you do. He said generally,
Longwood is not big enough project -wise to warrant going after a general
certification, so we have received an individual project certification. He
said it requires agencies to demonstrate that they have the capability to
comply with federal and state law. He said it is extremely complicated
and very detailed, and we are the only City in Seminole County that has it.
He said Seminole County doesn't even have this certification. He said we
have a project -specific certification. The only two other organizations that
have this certification are Orange County and the City. of Orlando. He
said we are in fine company when it comes to the work that we are doing
and the quality of work our staff is doing. He said he asked Mr. Kintner to
prepare a brief summary on it, but the last paragraph is the one he wants to
focus on. He read, "for all their work in hoping to secure funding to.help
make Longwood a better place to live, I would like to specifically thank
City Engineer Shad Smith, Purchasing Manager Greg Kirby, as well as
Tom Smith, Warren Wahl, Debbie Renfro from Public Works, and of
course, Mr. Kintner himself. He failed to mention himself'. He said he
has'spoken with Mr. Williams, and because of the significance of this
particular certification and the sheer amount of cost savings it has
generated, not only in process, but in staff time, he has made a
recommendation to authorize Mr. Williams to authorize some kind of
bonus for the work they did for this particular group on this project. He
said Mr. Williams will have to bring that back for approval to the
Commission, but for the amount of -work these folks had to put in, and are
still putting in, he thinks it is very worthy to recognize them in that way.
He said regarding the projects, especially the first one, you have to get
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through your first one before they will authorize the second one. He said
our folks are diligently working to complete, as best as they can, the first
one so they can move on to the second one and streamline those processes
even more.
Commissioner Maingot moved to allow the City Manager to
explore the option of a bonus. Seconded by Commissioner Paris
and carried by a unanimous voice vote.
District #3. Commissioner Paris said in lieu of our City Manager's father
passing away, he feels it would be a good show of support to publicly state
for him to take as much time as he needs.
Mayor Durso said he doesn't think anyone would object to him taking the
time he needs to be with his family.
Commissioner Sackett asked for information regarding the medical
marijuana dispensaries and the numbers in a prescribed area.
Mayor Durso said the Florida League of Cities is going to prepare a
summary that will give the full details of what Tallahassee just did
because there are groups still trying to figure it out.
Mr. Langley said he has a general summary of it. He said the Bill has not
yet been signed by the Governor. He said the state has preempted almost
the entirety of the area with very limited exception. On the dispensaries,
they are allowing Cities to band them. If you don't band them, then you
have severe restrictions on how you can regulate them. He said the only
way you can regulate them is you have to treat them exactly the same as
you treat a pharmacy. He said it is very limited as to what you can do, and
the regulation as to pharmacies and permitting and location restrictions
would have to be treated equally.
Mayor Durso said it is important to note that if they are being regulated as
if they were a pharmacy, our simple procedures with regard to where you
can go pale in comparison as to what they have to do to meet federal and
state standards for distribution of medication.
Mr. Langley said there is a good chance that what we adopted will be
preempted if the, Governor signs that Bill. He said he is pretty certain of
that. -He said if you want to give direction to pursue the prohibit -them
angle, we would have to assess whether or not we want to evaluate how
we treat pharmacies in the City and treat marijuana dispensaries in the
same manner. He said those are the general options. He stated,
essentially, the legislature has taken a lot of this out of our hands.
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Mayor Durso said he recommends that we get the summary from Mr.
Langley and from the Florida League of Cities on what the total impact
would be, and then revisit the issue at a future Commission Meeting.
9. ANY ADDITIONS OR DELETIONS TO THE AGENDA
Mayor Durso stated the City Manager requests that Item 1 OH be added to
the agenda.
Item 1 OH added by a unanimous voice vote.
Deputy Mayor Sackett requested that Item 1 OG be removed and discussed
at the next Meeting when the City Manager is present.
Item 1 OG was withdrawn by a unanimous voice vote.
Commissioner Maingot requests that Item IOB be pulled for separate
discussion.
10. CONSENT AGENDA
A. Approve Minutes of the May 17, 2017 Work Session and the
June 5, 2017 Regular Meeting.
B. Approve the Monthly Expenditures for June 2017.
C. Approve the Monthly_ Financial Report for May 2017.
D. Approve a change order in the amount of $50,000 to purchase
order #170288 for Ferguson Waterworks for water and sewer
materials.
E. Approve a donation in the amount of $245 in miscellaneous gift
cards which were provided to the Longwood Police
Department to be donated to The Christian Sharing Center.
F. Approve Resolution No. 17-1433 withdrawing the City's
Membership with the Council of Local Governments in
Seminole County (CALNO).
G. Approve City Manager's recommendation to sunset the Public
Safety Director's Position and create the Assistant City
Manager Position.
Item withdrawn.
Added On. H. Approve a request to enter into negotiations with Barnes,
Ferland & Associates to provide engineering services for the
Longwood Sewerage Force Main Project.
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11.
12.
Deputy Mayor Sackett moved to approve Items 10A
through 10H as presented. Seconded by Commissioner
Weller.
Commissioner Maingot requests that Item 1 OB be pulled for
separate discussion.
Deputy Mayor Sackett withdrew his motion. Seconded
was withdrawn by Commission Weller.
Deputy Mayor Sackett moved to approve Items IOA, IOC,
10D, 10E, lOF, and lOH as presented. Seconded by
Commissioner Weller and carried by a unanimous roll call
vote.
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Discussion ensued on Item 10B and questions were asked
regarding Bound Tree Medical, LLC expenditures.
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Deputy Mayor Sackett moved to approve Item 10B as
presented. Seconded by Commissioner Weller and carried
by a four -to -one (4-1) roll call vote with Commissioner
Maingot voting nay.
PUBLIC HEARINGS. None.
REGULAR BUSINESS
A. Read by title only, set July 17, 2017 as the public hearing date
and approve the first reading of Ordinance No. 17-2117, which
proposes approval of a Small Scale Comprehensive Plan
Amendment (SPA 01-17) changing use designation from
Seminole County Commercial (COM) and Mixed (AM) to
City of Longwood Infill and Mixed Use (EVM and assigning
the East' End Planning District to 1015 U.S. Highway 17/92,
898 Lake Irene Road and 904 Lake Irene Road.
Mr. Langley read Ordinance No. 17-2118 by title only.
Mr. Kintner presented the Item.
Commissioner Maingot moved to approve the first reading
of Ordinance No. 17-2117 and set July 17, 2017 as the
public hearing date. Seconded by Commissioner Weller
and carried by a unanimous roll call vote.
B. Read by title only, set July 17, 2017 as the public hearing date
and approve the first reading of Ordinance No. 17-2119, which
proposes, a Small Scale Comprehensive Plan Amendment (SPA
02-17) changing the land designation from Seminole County
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Low Density Residential (LDR) to City of Longwood Low
Density Residential (LDR) at 450 Longwood Hills Road.
Mr. Langley read Ordinance No. 17-2119 by title only.
Mr. Kintner presented the Item.
Commissioner Maingot moved to approve the first reading
of Ordinance No. 17-2119 and set July 17, 2017 as the
public hearing date. Seconded by Commissioner Weller
and carried by a unanimous roll call vote.
C. Read by title only, set July 17, 2017 as the public hearing date
and approve the first reading of Ordinance No. 17-2120,
amending Section 10 of Article H — Occupational Licenses of
Chapter 82, Longwood City Code. ,
Mr. Langley read Ordinance No. 17-2120 by title only.
Ms. Snead presented the Item.
Commissioner Maingot moved to approve the first reading
of Ordinance No. 17-2120 and set July 17, 2017 as the
public hearing date. Seconded by Commissioner Weller
and carried by a unanimous roll call vote.
D. Read by title only, set July 17, 2017 as the public hearing date
and approve the first reading of Ordinance No. 17-2121,
amending portions relating to Water and Wastewater of
Chapter 90, Longwood City Code.
Mr. Langley read Ordinance No. 17-2121 by title only.
Ms. Snead presented the Item and answered questions from the
Commission.
Commissioner Maingot moved to approve the first reading
of Ordinance No. 17-2121 and set July 17, 2017 as the
public hearing date. Seconded by Commissioner Weller
and carried by a unanimous roll call vote.
E. Read by title only and adopt Resolution No. 17-1432, updating
the Historic District Grant Program:
Mr. Langley read Resolution No. 17-1432 by title only.
Mr. Kintner presented the Item and answered questions from the
Commission.
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Discussion ensued and recommendation made to amend the
verbiage.
Commissioner Weller moved to adopt Resolution No. 17-
1432 with the modified verbiage of maintaining the
structure and historic character and keeping air
'conditioning out of it. Seconded by Commissioner
Maingot and carried by a unanimous roll call vote.
F. City Commission to hear a request from Mr. Mike Hattaway,
Developer of 796 West State Road 434 regarding changes to
the Property Owner's Agreement Concerning Site Plan
Conditions.
Mr. Kintner presented the Item and stated it was previously a Car
Wash business and is currently being redeveloped as a Used Car
Sales and Leasing site. He said there is an issue of three (3) trees,
two (2) canary island date palms and a magnolia tree found to be in
conflict with City sewer lines and a City service line. He said the
landscape architect has indicated the trees cannot be relocated on
site without affecting other site elements. He said the applicant is
seeking ,directions from the City on how to move forward. He said
the property owner's agreement calls for strict adherence to the site
plan and elements of the agreement as they exist. Staff
recommended the applicant pay into a tree fund the amount of the
landscape material requested for removal by the applicant. This is
similar to the process followed by any applicant in this situation.
He said there are provisions in the Code wherein site conditions
prevent a particular tree from being planted, which is a situation
that has occurred in* the field. The applicant can pay into the tree
fund and meet those requirements. He said because the trees in
question,were of specific decorative element, were shown on the
rendering, and the agreement itself, which is different from the
City language, requires the applicant to meet the rendering through
the site plan. He said it also requires that these trees in the site
plan need to be included as part of the final project. Staff
recommended that the full amount of the trees in question be paid
into the tree fund rather than do a per -inch cost. He stated, given
that this is a specific species of tree, a specific decorative species,
staff felt that is a more appropriate way of meeting the intent of the
agreement, which was to beautify the area. He said the applicant
sought relief on certain elements of the City Code, and that relief
was granted. The applicant agreed to provide heavy landscaping
and also have that landscaping match the rendering. He feels that
is the closest avenue we have toward meeting the agreement,
however, he stressed this is something where other options could
be considered to meet this. He said if the Commission and
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Developer agree on something, he thinks this is a good starting
point for a discussion.
Mr. Jim Hattawav, attorney for the applicants, 840 Waterway
Place, Longwood. He said we do have an obligation to provide
heavy landscaping as the agreement between us and the City says.
He said we are ready, willing and able to do that. He said what we
are planting is what the Commission told us to plant in locations
they told us. There are very strict enforcement options in the
agreement that a Stop Order could be issued by the City, we could
be denied a Certificate of Occupancy, and the City is empowered
to bring a Cause of Action for specific performance, and we take
this very seriously. He said when it came time to install the
landscaping, we noticed a couple of things. These things were
confirmed by a landscape architect, and City Staff has gone into
the field and confirmed what he is sharing with you. He said what
is mandated by the City violates Section 3.5.5 (K)(1) of the
Longwood Development Code (LDC) that says tree species with a
height greater than 20 feet at maturity should not be planted within
a utility easement when power lines lie directly overhead. He. said
that is our situation. In 3.5.5(K)(2), it says no trees shall be
planted within 10 feet of a utility pole, we have that situation, or
within 20 feet of a traffic sign, we have that situation, as well as a
water utility line underneath one of the areas of planting these
trees. He said we have the issues of this agreement that tells us we
have to plant these things there, and we can't change those written
agreements unless the City Commission and Developers come to
an agreement. He said we wanted to know, do we plant as agreed
in violation of the LDC, or don't plant anything at all, or pay
money into the City's tree fund, which we are not crazy about. He
also mentioned the schedule of fees associated with paying into the
tree fund and how it is related to size.
Discussion ensued and questions were asked of Mr. Kintner and
the applicant. It was pointed out that the placement of trees and
how it was going to look was based on a rendering that the
applicant provided. The agreement stated that the site plan was to
match the rendering and this was agreed upon by the Commission
and applicant. Relocating the trees to another location was also
discussed.
Mr. Mike Hattawav, an owner of the property, said let's introduce
common sense here. He said there are at least three violations of
the City Code and one of the reasons we got a landscape architect
to do this is because to add credibility. He said this is not an
exception. This is a permitted use, and we went through 18
months to get a site plan approved in this City. He said the City
came back to us and said we would like you to build it to some
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very nice standards. He said we photo -shopped the property and
what we planned to do with it. He stated, we are proud of what it
is now. He said let's try to work out something tonight and come
to an agreement to do something to make it work for you. He said
we don't want to do anything where we are in violation of any
Code or planting any trees that will grow into sewer lines or power
lines either.
Commissioner Weller asked if they have already factored in the
expenses for the landscaping fees.
Mr. Mike Hattawav said yes, but it is way and above what is
required.
Deputy Mayor Sackett said we are talking about two (2) palms and
two (2) crepe myrtles; if those are removed, what is left, the low
shrubbery.
Mr. Mike Hattawav said he didn't know there was a sewer line
there, and the City Staff didn't know there was a sewer line there,
because the site plan got approved with the sewer line there. He
said it goes all the way across the front of the property, so we
would have the same situation if we put it on the east side or the
west side.
Commissioner Weller stated, it is the responsibility of the
developer to locate all the underground. When you start to dig
around underground, you call underground locater and they locate
all the pipes, so to lay that on the City is kind of a stretch.
Mr. Mike Hattawav said he is not trying to lay it on the City.
Mr. Matthew Brown said the reason we have the crepe myrtle at
the west end is because we didn't know there was a sewer line
there. He did inform the City, and that is why we have understory
trees there, not canopy trees. He stated, the sewer line goes
underneath the sign.
Mayor Durso said these two (2) palms are what we are talking
about and the magnolia tree: He said the alternative is, plant the
trees and' we have problems, don't plant the trees and we will take
the money for the tree fund. He also said this is something we do
for all other developments or if there is an alternative we would
like to hear it, otherwise that is the direction we are going to go.
Mr. Jim Hattawav said it is those two, and it is not that we don't
want to plant those trees. He said we are ready to say plant them,
and the City is giving you permission to violate the LDC or don't
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plant them, which makes nobody happy, or make a contribution
based on measurement as in the LDC. He stated, of those three,
we are willing to go forward with one of those three.
Mayor Durso asked Mr. Kintner what the recommendation of staff
is specifically, of payment of the tree.
Mr. Kintner said the recommendation of City Staff is to pay into
the tree fund consistent with 3.5.5 (L) the same way it would be for
any other applicant.
Mr. Mike Hattawav said we are in concurrence with that.
Commissioner Maingot asked Mr. Kintner about code violations.
Mr. Kintner said he does agree with code violations, however,
thinks the sewer line issue is substantial enough.
Commissioner Paris asked Mr. Jim Hattaway what number he has
in mind to donate to the tree fund.
Mr. Mike Hattawav stated it has been said that we meet the code.
Commissioner Paris said we are using theoretical trees and we
can't measure theoretical trees, so if you can give me a number, I
can be happy to close this out and move on.
Mr. Mike Hattawav said we looked at your Code, and your Code
has four (4) categories that start at 3 inches and goes to 25 inches
and greater.
Commissioner Maingot said that particular tree is going to be at
least 18 inches in diameter.
Mr. Mike Hattawav said we figured 14 inches, so we're not that far
apart. He said we figured the magnolia tree at the size we have to
make it and that would be 6 inches. He said we looked at the
actual size of the tree, and looked at what your Code said we
would have to pay, and that would be $2,025 based upon those
three (3) trees. He said the spirit of the agreement is that we put in
heavy landscaping as opposed to code landscaping. If we take it
up to larger sizes, we came up with $3,105, so this would be
approximately 50% above what is required by your Code.
Deputy Mayor Sackett suggested balancing two (2) crepe myrtles
on the left with two (2) on the right side.
Mr. Mike Hattawav did respond and say they could do that.
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Discussion on what trees to put in and at what location ensued.
Commissioner Maingot moved to replace the two (2) Date
Palms with two (2) matching 65 gallon Standard Crepe.
'Myrtles and regarding the Magnolia Tree, replace it with a
Little Gem Magnolia Tree. Mr. Langley will make an
amendment to the plan to be executed by the City Manager.
,Seconded by Deputy Mayor Sackett.
Mr. Hattaway said they are looking to be done with this by July 1,
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Motion carried by a four -to -one (4-1) roll call vote with
Mayor Durso voting nay.
13. CITY MANAGER'S REPORT. No report.
14. CITY ATTORNEY'S REPORT. No report.
15. CITY CLERK'S REPORT. No report.
16. ADJOURN. Mayor Durso adjourned the meeting at 7:52 p.m.
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Joseph Durso,
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