HomeMy WebLinkAbout12122012 Agenda
SEBASTIAN CITY COUNCIL
AGENDA
REGULAR MEETING
WEDNESDAY, DECEMBER 12, 2012 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK
1225 MAIN STREET, SEBASTIAN, FL OR ON THE CITY WEBSITE
Procedures for Public Input are Attached to the Back of the Agenda
1. CALL TO ORDER
2. INVOCATION – Pastor Grant Foster, Riverside Church Assembly of God
3. PLEDGE OF ALLEGIANCE – Cub Scout Pack 589
4. ROLL CALL
5. AGENDA MODIFICATIONS Modifications and additions require unanimous voted of City Council Members
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public
input or action under this heading.
pg 5 A. Presentation of Certificate of Completion to Vice Mayor Wright – 2012 Advanced
Institute for Elected Municipal Officials Sponsored by Florida League of Cities
B. Presentation of Pelli Award Plaque to Bruce Zingman for His Contributions to the
Sebastian Community
Pgs 6-9 C. Presentation of Certificates of Appreciation to Christmas Parade Organizations –
Sebastian Property Owners Association, GFWC Sebastian Junior and Women’s
Clubs, Sebastian River Area Chamber of Commerce and Police Department
Volunteers
pg 10 D. Proclamation – Indian River Lagoon Awareness
E. Observance of the Passing of Ernie Heaton, WWII Veteran, USS Dorchester
Survivor
F. Brief Announcements
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7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be
removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she
should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
pgs 11-17 A. Approval of Minutes – November 28, 2012 Regular Meeting
pgs 18-23 B. Approval of Minutes – November 29, 2012 Joint Meeting with Fellsmere
pgs 24-28 C. Approval of Ranger Construction Agreement Change Order #1 in the Amount of
$32,779.80 (City Manager Transmittal, Change Order, Report, Map)
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
A. Citizen Budget Review Advisory Board
i. Formally Announce Council Appointees:
a. Mayor McPartlan – Tim Slaven (Nov 2011-Nov 2013)
b. Vice Mayor Wright - Harry Marshall (Nov 2011-Nov 2013)
c.. Council Member Adams – Ed Herlihy (Nov 2012 – Nov 2014)
d. Council Member Coy – Dionna Farmer (2012 – Nov 2013)
e. Council Member Hill
pgs 29-38 ii. Interview, Unless Waived, Nominate and Appoint Two At-Large Members
for One Year Term (City Clerk Transmittal, Member List, Ad, Code,
Applications)
9. PUBLIC HEARING
Procedures for public hearings:
• Mayor opens hearing
• Attorney reads ordinance or resolution
• Staff presentation
• Public Input
• Staff summation
• Mayor closes hearing
• Council deliberation and action
Anyone wishing to speak is asked to raise their hand and when called, go to the podium and state his/her name
for the record.
pgs 39-41 A. Ordinance No. O-12-12 – Amending Committee & Board Code Provisions (City
Clerk Transmittal, O-12-12)
AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
AMENDING CODE OF ORDINANCES SECTION 2-169 PROVIDING FOR PUBLIC
NOTIFICATION OF CITY BOARD AND COMMITTEE VACANCIES; AMENDING CODE SECTION
2-171 PROVIDING FOR CONTINUATION OF TERM UNTIL REPLACED; AMENDING CODE
SECTION 2-173 PROVIDING FOR REMOVAL PROCEDURES FOR CONSECUTIVE
UNEXCUSED ABSENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR EFFECTIVE DATE. (PJ Ad 11/28/12)
10. UNFINISHED BUSINESS
pgs 42-44 A. Legislative Delegation Priority Items (City Manager Transmittal, Draft Letter)
pgs 45-46 B. Update Davis Street Sewer Project (City Manager Transmittal, Plan)
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pgs 47-55 C. CRA Wastewater Hook-Up Grant Program (City Manager Transmittal, Draft
Program)
11. PUBLIC INPUT
12. NEW BUSINESS
pgs 56-76 A. Resolution No. R-12-39 Fourth Quarter FY11/12 Budget Amendment
(Administrative Services Transmittal, R-12-39, Comparison, Reports, Schedule,
Accomplishments)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA ADOPTING
AN AMENDED BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011 AND ENDING
SEPTEMBER 30, 2012 AS PROVIDED FOR IN EXHIBIT “A”; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
pgs 77-81 B. Resolution No. R-12-38 Amending Committee & Board Code Provisions (City
Clerk Transmittal, R-12-38)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA,
PERTAINING TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS; PROVIDING FOR
UNIFORM APPLICATION, APPOINTMENT, FINANCIAL DISCLOSURE, AND RESIGNATION
PROCEDURES; PROVIDING FOR APPOINTMENT OF CHAIR AND VICE CHAIR; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
13. CITY ATTORNEY MATTERS
14. CITY MANAGER MATTERS
15. CITY CLERK MATTERS
16. CITY COUNCIL MATTERS
A. Mayor McPartlan
B. Vice Mayor Wright
C. Council Member Adams
D. Council Member Coy
E. Council Member Hill
17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority
vote of City Council)
All City Council meetings are aired live on COS Comcast Channel 25 and streamed live on the City website www.cityofsebastian.org
Hearing assistance headphones are available in the Council Chambers for all government meetings.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS
MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL
IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL
ACCOMODATION FOR THIS MEETING SHOULD CONTACT THE CITY’S ADA COORDINATOR AT 589-5330 AT LEAST 48
HOURS IN ADVANCE OF THIS MEETING.
Upcoming Meetings:
January 9, 2013 – CRA Meeting – 6:00 pm
January 9, 2013 – Regular City Council Meeting – 6:30 pm
January 23, 2013 – CRA Meeting – 5:30 pm
January 23, 2013 – Regular City Council Meeting – 6:30 pm
February 13, 2013 – Regular City Council Meeting – 6:30 pm
February 27, 2013 – Regular City Council Meeting – 6:30 pm
March 13, 2013 – Regular City Council Meeting – 6:30 pm
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-12-01
Regular City Council Meetings
Public input is ALLOWED under the headings:
Consent Agenda
Public Hearings
Unfinished Business
New Business
Public Input
Public input is NOT ALLOWED under the headings:
Proclamations, Awards, Brief Announcements (except for individuals giving or accepting
proclamations or awards);
Committee Reports and Appointments (except for committee members giving reports and
applicants being interviewed for committee appointments);
City Council Matters
Charter Officer Matters
Council may, by majority vote, call upon an individual to provide input if desired.
Workshops and Special Meetings.
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however,
City Council may extend or terminate an individual’s time by majority vote of Council members
present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR,
unless answering a question of a member of City Council or City staff. Individuals shall not
address City Council after commencement of City Council deliberation on an agenda item after
public input has concluded, provided, however, the Mayor and members of City Council may
recall an individual to provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning and applauding are not
permitted and may result in expulsion from the meeting. The Chair shall make determinations on
such remarks, subject to the repeal provisions below.
Appealing Decisions of Chair
Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City
Council shall overrule any decision of the Chair.
Public Input Heading on Agenda
The heading on Regular Meeting agendas “Public Input” provides an opportunity for individuals to bring
NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED
AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are
asked to provide copies of material for Council one week prior to the meeting if they intend to refer to
specific material. City Council will not debate an issue during Public Input but may by consensus direct a
Charter Officer in regard to the item if necessary or place a requested item on a future agenda.
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SEBASTIAN CITY COUNCIL
MINUTES
REGULAR MEETING
WEDNESDAY, NOVEMBER 28, 2012 - 6:30 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
1. Mayor McPartlan called the regular meeting to order at 6:30 p.m.
2. Deacon John Dunlop of St. Sebastian Catholic Church gave the invocation.
3. Vice Mayor Wright led the Pledge of Allegiance.
4. ROLL CALL
City Council Present:
Mayor Bob McPartlan
Vice-Mayor Don Wright
Council Member Jerome Adams
Council Member Andrea Coy
Council Member Jim Hill
Staff Present:
City Manager, Al Minner
City Attorney, Robert Ginsburg
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Community Development Director, Joseph Griffin
Administrative Services Director, Deb Krueger
Deputy Police Chief, Greg Witt
Parks Supervisor, Chris McCarthy
MIS Senior Systems Analyst, Barbara Brooke-Reese
5. AGENDA MODIFICATIONS - None.
6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public
input or action under this heading.
12.141 A. Good Neighbor Certificates - Bruce Tufts and Carol Bassano
Betsy Fields Connelly read the synopsis of Mr. Tufts and Ms. Bassano’s benevolent act.
Mayor McPartlan presented each with a certificate of appreciation. (see attached)
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12.142 B. Children’s Home Society - Jamie Adcock, Associate Director of
Development; Frank Avilla, Adoptions Marketing Specialist
ii. Proclamation – National Runaway Prevention Month – November
i. Proclamation – National Adoption Month – November
Mayor McPartlan read both proclamations and presented them to Jamie Adcock. Ms.
Adcock said the Treasure Coast Children’s Home Society Adoptions Team has
succeeded their goal for the last four years and for the month of November, they have
placed 25 children in forever homes. She invited anyone interested in adopting to
contact the Children’s Home Society.
12.037 C. Presentation of Plaque to Employee of the Quarter – Kathy Falzone, Recreation
Supervisor
Mayor McPartlan read a synopsis of Ms. Falzone’s service to the community and
presented her with an appreciation plaque.
Brief Announcements
Ms. Coy announced the Chamber of Commerce’s Annual Light Up Night on Friday,
November 30th from 5:30-8 p.m. and said maps of participating businesses would be in
Friday’s newspaper and at the Chamber.
She also announced the annual Christmas Parade will be held Saturday, December 1st
at 6 p.m. starting at Main Street, proceeding down to Riverview Park where Santa and
Mrs. Claus will be waiting for the children.
Mr. Adams said World Aids Day is celebrated each year giving people an opportunity to
unite in the fight against HIV and commemorate those who have passed away. He
announced the Wabasso Church of God will be providing educational material and
testing on December 1st from 10 a.m. to 2 p.m.
Mayor McPartlan announced a joint Council meeting with Fellsmere City Council
tomorrow, November 29th at 6 p.m. at their City Hall to discuss topics of mutual concern.
7. CONSENT AGENDA
All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate
discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be
removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she
should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
A. Approval of Minutes – 11/14/12 Regular Meeting
12.003 B. Prior Approval for Council Travel to FLC Institute for Elected Municipal Officials –
January 25-27, 2013 – Ocala (City Clerk Transmittal)
12.143 C. Approve the Application Process for the 2012 Edward Byrne Memorial Justice
Assistance Grant (JAG) in the Amount of $2,844 (PD Transmittal, Letter,
Application)
Mr. Adams asked to pull item 7C.
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MOTION by Ms. Coy and SECOND by Wright to approve items A and B.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0.
Item 7C
Mr. Adams asked if the scanner unit would be installed in one patrol car or mobile.
Deputy Chief Witt said it would be shared among four sergeants and four corporal’s
cars, utilized twenty-four hours a day, seven days a week; they would like additional
scanners, but it is a luxury item at this point.
MOTION by Mr. Adams and SECOND by Ms. Coy to approve item 7C.
Result of the roll call vote:
AYES: All
NAYS: None
Passed 5-0.
8. COMMITTEE REPORTS & APPOINTMENTS
City committee reports and Council Member regional committee reports. No public input or action except for City
committee member nominations and appointments under this heading.
12.135 A. Council Member Assignments to IRC and Regional Committees
i. Request from Council Member Adams to Serve as Alternate to Sebastian
River Area Chamber of Commerce (City Clerk Transmittal)
Ms. Coy said Mr. Wright never missed a meeting but she would gladly give her alternate
position to Mr. Adams. Mr. Hill asked to be considered for the position.
Mr. Wright said the Chamber’s Executive Director expressed concern with Board matters
that might come before Council for a vote such as leases or funding matters.
The City Clerk explained that in looking back through records, Ms. Coy was the
appointed alternate and Mr. Adams asked to serve at Council’s discretion.
Ms. Coy nominated Mr. Adams to serve as the alternate. Mr. Wright nominated Mr. Hill.
Mayor McPartlan said by virtue of seniority, he would give it to Mr. Hill. Based on three
affirmative recommendations for Mr. Hill, he was appointed alternate.
Mr. Wright said the Chamber is open to anyone on Council that would like to talk to
them. Mr. Adams said he was interested in learning about the business community
which could also be done by reading the meeting minutes.
B. Parks and Recreation Advisory Committee
12.073 i. Interview, Unless Waived, Submit Nominations for One Unexpired,
Vacant Regular Member Position (City Clerk Transmittal, Applications,
Ad, List)
Mr. Wright explained that as a former Committee member, he was very familiar
with Ms. Webster and if an existing member was moved up, the alternate position
would be available for Mrs. Flescher.
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MOTION by Mr. Wright and SECOND by Ms. Coy to move Ms. Webster up to the
regular member position and have Mrs. Flescher serve as the alternate member.
Mrs. Flescher said she is a 16 year resident with two children and her family is an
avid outdoor family. She asked to be considered for the alternate spot.
Mrs. Flescher was appointed to the alternate member position to expire May 31,
2015 and Ms. Webster to the vacant regular member position to expire May 31,
2014.
9. PUBLIC HEARING - None
10. UNFINISHED BUSINESS - None
11. PUBLIC INPUT – None.
12. NEW BUSINESS
12.144 A. Update IRC 12-4-12 Hearing to Consider Amendment to Sign Regulations in
Roseland Area (City Manager Transmittal, IRC P&Z Excerpt, IRC Memo)
The City Manager reported that the County’s sign regulations are stricter than the City’s
in this case requiring McDonald’s to upgrade their sign along with their current façade
improvements but in order to be business friendly, the County decided to eliminate the
new sign requirement from their code. The County’s Planning and Zoning Commission
approved the regulation change with the stipulation that McDonald’s upgrades their sign
within five years and the revision is scheduled to be considered by the Indian River
County Commission.
Ms. Coy said she was previously concerned this would have an overriding effect
throughout the district, but that is not the case and thanked the City Manager for his
research.
12.145 B. Update Go-Line Operations (City Manager Transmittal, Maps)
The City Manager said there has been conversation regarding the stops on Route 11
and the Metropolitan Planning Organization (MPO) is in the process of a Transportation
Development Plan (TDP) that will include a chapter on the Go-Line operations. He said
the Go-Line has committed not to make any changes to the drop off locations until they
conduct a public hearing in Sebastian which has yet to be scheduled.
He said proposed, unofficial changes have been provided in the agenda packet, but they
will not make changes until they have public hearings.
Ms. Coy said she was glad to hear the routes are on hold and there will be public
hearings.
Mr. Wright said he was concerned with the long distance, through heavy traffic, that
people would have to walk when getting dropped off at Murphy Oil to go to Walmart;
safety is of paramount importance and then convenience.
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Ms. Coy noted the Walmart manager was more concerned with people getting wet in the
rain than bringing the carts back from Murphy Oil.
Mr. Hill said many people might also be going to the Dollar Store, Ay Jalisco Restaurant
or the Taco Bell/KFC Restaurant; it is a free ride; there are other options for disabled
individuals to get rides; and he asked them to keep an open mind when reviewing this.
Ms. Coy asked Mr. Hill to ride the bus to see who is getting on and watch the effort it
takes the driver when a person in a wheel chair gets on.
In response to Mr. Adams, Mayor McPartlan said route times cannot be adjusted
because the buses meet at hubs to catch transfers.
Mayor McPartlan (who also serves as MPO Chairman) said they won’t make changes
until the public hearings are held and he invited the public to use the Go-Line’s
interactive web site and e-mail the County Commissioners, noting the stops will be on
the December 12th MPO agenda, the only thing that has stopped was Route 11 going
into Brevard County.
He said they are trying to make the free ride as efficient as possible, there is a lot of
interesting information on the ridership numbers, which is not high in Sebastian, and he
urged the public to e-mail the Commissioners, Council and participate in the hearings.
There was no public input.
12.146 C. Consider Membership to Interagency Coalition of Indian River County (City Clerk
Transmittal, By-Laws)
The City Clerk said this is new committee which is asking for interested agencies to
submit a letter if they want to join.
Mr. Hill said he served on the committee and it would be worthy of having a Sebastian
member on the committee. Ms. Coy noted they are struggling to get off the ground and
asked if there was a chance to have Commissioner O’Bryan make a sales pitch for the
committee, noting she wanted to prevent any duplication of efforts with the entities.
Mayor McPartlan explained duplication is prevented by the meeting and sharing of
plans; the Executive Board of St. Lucie County has been in existence for a decade; this
board is looking to run under the umbrella of the United Way to gather funds for a paid
consultant.
The City Manager said he has heard the membership fee might be $500 and it may be
wise to receive more information.
Mr. Wright said he too was concerned with the $500; noting to have someone run this
effectively, it would take a highly paid position; some organizations are set up to have
their money goes towards the salaries of the people involved; he does not want to see a
new bureaucracy set up; and asked if it attracts the money, what happens to the smaller
entities who are not part of the committee. He said he would like more information.
Mr. Hill agreed but said sometimes it takes well paid individuals to get good things done
in the world, the idea behind the round table is good idea.
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Ms. Coy said Chief Morris has been participating in the roundtable and could provide
positive things to say.
The City Manager offered to have someone speak to them the second meeting in
January or the first meeting in February.
13. CITY ATTORNEY MATTERS – None.
14. CITY MANAGER MATTERS
The City Manager reported that Representative Mayfield has asked that items for the
December 19th Delegation Meeting be submitted to her by December 13th. He asked
that Council Members submit items to him so he can draft bullet list for them to review at
their December 12th Council meeting. He said they may want to request funding to
research the issues facing the Indian River Lagoon, talk about their standard home rule
issue, and unfunded mandates.
Ms. Coy suggested adding the issue of the State funding that is owed to the County for
beach renourishment.
15. CITY CLERK MATTERS
12.147 A. Opportunity to Acquire I-Pads for Council In Effort to Go “Paperless” (City Clerk
Transmittal)
The City Clerk said she had interest expressed by members, and Systems Analyst
Barbara Brooke-Reese has obtained a price of $370 to purchase an I-Pad for any
Member interested. She asked that they let her know if they would like one to use
during their term.
Ms. Coy said she had decided to try one.
16. CITY COUNCIL MATTERS
A. Council Member Hill
Mr. Hill said there were pedestrian issues last year during Light Up Night on U.S.1 near
the auto parts store and asked that the City Manager get with the Chamber to make it
safer. The City Manager said he would take care of it.
Mr. Wright concurred with Mr. Hill noting the speed limit is dangerous with the parallel
parking on U.S. 1.
B. Mayor McPartlan
Mayor McPartlan invited the public to come to Riverview Park on Saturday to meet
Santa Claus.
C. Vice Mayor Wright
Mr. Wright asked Council to consider how the City will pay or what the City will eliminate
to pay for future road projects; he estimates they will need $400,000-600,000 a year to
maintain the roads which isn’t in the budget and before they get caught up using
reserves, he would like them to look at this very carefully.
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D. Council Member Adams
12.148 i. Consider Awareness Proclamation for Indian River Lagoon (City Clerk
Transmittal)
Mr. Adams asked Council to consider an awareness proclamation for the Indian River
Lagoon like the one prepared by St. Lucie County for the St. Lucie Estuary.
He cited Lagoon facts from the St. Johns River Water Management District’s website
noting a proclamation would go a long way in bringing the Lagoon’s plight to the
forefront.
Ms. Coy said there should be information posted to the Natural Resources Board’s
website. Mr. Hill said the City has done a tremendous amount over the last decade to
reduce the pollutants into the Lagoon. Mr. Wright said he is doing some research on
what kind of testing is underway for the sea grasses; Indian River County Commissioner
Zorc is planning a meeting of elected officials to discuss the Lagoon next year; this
would be a perfect subject for the Delegation meeting.
Ms. Coy said it was going to take money; they need to focus in Sebastian because all
the data gathering is happening south of here.
Mayor McPartlan said part of the education could be a sign posted at the pier saying,
“Please enjoy our beautiful river, don’t pollute” and on the reverse it could say, “Thank
you for coming, please support the local businesses.” The City Manager offered to look
into some signs.
Mr. Adams said the proclamation would be to bring awareness to the Lagoon so people
do their part in protecting it. The City Manager offered to draft a proclamation for the
December agenda.
E. Council Member Coy
Ms. Coy announced she still has spots open Saturday, December 8th to ring the
Salvation Army bell and interested people should call her at 388-0961.
Mr. Wright invited the pubic to attend the Pearl Harbor Remembrance Event to be held
December 7th at Riverview Park at 12:30 p.m.
17. Being no further business, Mayor McPartlan adjourned the regular meeting at 7:50 pm
Approved at the December 12, 2012 Regular City Council meeting.
_______________________
Bob McPartlan, Mayor
ATTEST:
_______________________
Sally A. Maio, MMC – City Clerk
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