City Council Minutes - 09/13/2016 City o .'Tigard
Tigard City Council Meeting Minutes
September 13, 2016
STUDY SESSION
Council Present: Mayor Cook, Councilor Henderson, Councilor Woodard,Councilor Goodhouse and
Council President Snider
Staff Present: City Manager Wine,Assistant City Manager Newton,Engineer Faha, City Recorder
Krager, Senior Transportation Projects Engineer McCarthy
A. COUNCIL LIAISON REPORTS
Council President Snider reported that he filled in for Mayor Cook at the September 8,2016
Fireside Chat. Seven people attended and he noted that most of the questions related to the SW
Corridor.
Councilor Goodhouse said he competed in the Tigard Downtown Street Fair 5K run. He said
there were very good crowds and thought the new event,Tour of Latin America,went well. He
also attended the American Public Works Association Conference and found it very eye-opening.
He plans to put together a report to share what he learned.
Councilor Woodard reported on the Tigard Transportation Advisory Committee (ITAC) meeting
and said Walnut Street is open. He enjoyed the Tigard Downtown Street Fair and said it gave the
local companies a chance to do business. He suggested it be a weekly event.
Mayor Cook commented on how he enjoyed the Street Fair and said the layout and logistics were
better this year. He reported on the Washington County Coordinating Committee meeting and
said they voted on the MSTIP 3.E projects. Projects in Tigard include sidewalks and bike paths
on 121"Avenue from Whistler's Loop to Tippitt Place and a traffic light on Bonita Road and
Sequoia Parkway. He noted that they still need to vote on it. City Manager Wine said the city's
adopted Capital Improvement Plan has the 121"Avenue project in the 2018 window. Mayor
Cook said the Tigard Street Trail was the No. 3 project out of 93 and was the highest
bicycle/pedestrian project on the list for ODOT's Area Commission on Transportation (ACT)
final results. Council President Snider said staff should be given recognition for their work on this
application. Mayor Cook said he asked for matching funds for two positions, Safe Routes to
Schools (SRTS) Coordinator and the Transportation Demand Management Coordinator. The city
is asking for Regional Transportation Opportunity grant funds from Metro for the two positions
and if received,Washington County will pay the required match. If we do not get the grant we will
not get the match. The two positions are a third year of funding the Safe Routes to Schools
Coordinator and a Transportation Demand coordinator. In response to a question from
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Councilor Woodard, Engineer Faha said the transportation position will deal with parking and
working with businesses to encourage transportation options.
B. RECEIVE BREIFING ON AN IGA WITH ODOT FOR DESIGN AND CONSTRUCTION
OF NEW SECTIONS OF FANNO CREEK TRAIL
Streets and Transportation Senior Project Engineer McCarthy gave the staff report. Federal
Congestion Air Quality funds were received to build four sections of the Fanno Creek Trail.
The four sections are where the main section of trail currently ends in Woodard Park over to
Grant Avenue,a trail rebuild from Ash Avenue to Hall Boulevard,new trail from the library
across the Fields and Brown properties to Milton Court and a section from current 90-degree
bend on the trail south of the high school to the Ki-a-kuts Bridge. He said the required local
match is 10.27 percent of the total project cost of$4.25 million. Federal funds need to be run
through an approved jurisdiction and in Oregon that agency is ODOT. Key IGA terms are that
ODOT will administer the project and the city and ODOT will co-manage it. The city is
responsible for cost overruns. Council requested that staff watch the project carefully to avoid
these. Council approved putting this IGA on the consent agenda.
Mayor Cook said the city is also asking for Regional Flexible Funds Allocation (RFFA) funding
from Metro to pay for the last segment of the Fanno Creek Trail, from Bonita Road and Durham
Road. There are many creek crossings and rights of way to consider.
ADMINISTRATIVE ITEMS
City Manager Wine updated council on a few administrative items:
o Dates will be firmed up for Goal Setting and Council Groundrules meetings for council
members that will be serving next year.
o Summerfield Outreach is on September 21 at the Summerfield Clubhouse and topics will
be the city's ballot measures. Assistant City Manager Newton discussed logistics.
o In last week's Thursday newsletter, Senior Management Analyst Wyatt forwarded materials
from Just Compassion about council's September 20 homelessness discussion.
o Also in the newsletter was a memo about an open house the Community Development
Department is convening for the tenants of the Walnut Tree Apartments on Greenburg
Road who just received 90-day notices to leave because the building is being sold. This is to
help residents connect with services such as community organizing,relocation and ways to
connect with the property owner. Council is invited to this community meeting at 6:00 p.m.,
September 14 in Town Hall.
o Stakeholder and focus group outreach work has started for the City Center Visioning Project
and if approved tonight, outreach about a potential levy.
The Study Session was adjourned at 7: 14 p.m.
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1. BUSINESS MEETING
A. At 7:30 p.m. Mayor Cook called the City Council and Local Contract Review Board to
order.
B. City Recorder Krager called the roll.
Present Absent
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
C. Mayor Cook asked everyone to stand and join him in the Pledge of Allegiance
D. Call to Council and Staff for Non-Agenda Items—Mayor Cook said he had a non-agenda
item to discuss at the end of the meeting.
2. CITIZEN COMMUNICATION
A. Follow-up to Previous Citizen Communication—City Manager Wine gave follow-up on
previous citizen communication. Becky Craven and neighbors discussed a noise issue with
a Frontier substation on Barrows Road and asked if Tigard had jurisdiction. The city
attorney and the Community Development staff have corresponded with Frontier. The
city has jurisdiction over the noise issue and Frontier is not in compliance with the code.
They have not yet responded to the recent correspondence. The city will verify non-
compliance and then initiate enforcement action.
B. Tigard High School Student Envoy—Associated Student Body President Lauren
Brown gave her first report of the school year as Student Envoy to the Tigard City
Council. She said the THS Leadership theme is Live your Passion and is designed to get
students involved. All 50 clubs will have tables for Club Rush. The Random Acts of
Kindness group painted the parking curb at the school with encouraging messages. There
will be a garage sale in the parking lot on October 1. The homecoming game is October 7
and the dance on October 8. Councilor Henderson asked if they were taking donations
for the garage sale and Ms.Brown confirmed that they were.
C. Tigard Area Chamber of Commerce—CEO Debi Mollahan will give an update at the next
council business meeting.
D. Citizen Communication—Sign-up Sheet. No one signed up.
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3. CONSENT AGENDA: (Tigard City Council)
A. RECEIVE AND FILE:
1. Council Calendar
2. Council Tentative Agenda for Future Meeting Topics
B. APPROVE CITY COUNCIL MINUTES:
• June 14,2016
• June 28,2016
C. PROCLAIM THE WEEK OF SEPTEMBER 17-23 AS CONSTITUTION WEEK
D. PROCLAIM SEPTEMBER AS NATIONAL PREPAREDNESS MONTH
E. PROCLAIM SEPTEMBER-DECEMBER 2016 A TIME TO CELEBRATE THE 40TH
ANNIVERSARY OF WASHINGTON COUNTY COOPERATIVE LIBRARY
SERVICES
F. CONSIDER A RESOLUTION WAIVING TEMPORARY SIGN PERMIT FEES
FOR TIGARD BASKETBALL ASSOCIATION
RESOLUTION NO. 16-41—A RESOLUTION WAIVING $126 IN
TEMPORARY SIGN PERMIT FEES FOR TIGARD BASKETBALL
ASSOCIATION
Councilor Goodhouse motioned to approve the Consent Agenda and Councilor Woodard
seconded the motion.
Yes No
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Mayor Cook announced that the consent agenda passed unanimously.
4. RECEIVE STATE OF THE DISTRICT PRESENTATION FROM TVF&R
Chief Duyck gave council an update on what is happening in the district and specifically in
Tigard. He had a slide presentation. He showed a chart indicating that 64 percent of emergency
incidents in Tigard are medical calls (3,257). Fires are a small percentage (154).A large amount is
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public assistance calls that are not police-related (1,488). He noted that daytime hours have more
activity and Sunday is the safest day of the week. A graph showed how the number of incidents
has grown as Tigard grows in size. He responded to a question of what a"good intent" call is and
said that is when someone calls 911 mistakenly thinking they see flames or smoke but there isn't
any.
Chief Duyck thanked the council for their support of the 911 public safety measure which passed
in Washington and Clackamas counties. He showed a television ad TVF&R is airing to recruit
firefighters. He said if anyone from Tigard is interested they can go to tvf&r.com. Council
President Snider asked about qualifications and Chief Duyck said minimum qualifications are age
18 or order,high school graduate, driver's license and EMT Basic Certification.
5. LEGISLATIVE PUBLIC HEARING: CONSIDER CHANGES TO TIGARD MUNICIPAL
CODE CHAPTER 12
a. Mayor Cook opened the public hearing.
b. City Attorney Rihala read the hearing procedures.
C. Staff Report Utility Billing Supervisor Blecker and Finance and Information Services
Director LaFrance gave the staff report on changes to Chapter 12 .03 Billing and Collection
of Utility Charges and Chapter 12.10 Water System Rules and Regulations. Changes were
made in the proposed code language based on council direction at the discussion at the
August 16, 2016 workshop meeting.
d. Public Testimony: No one signed up to testify.
e. Council Questions: None
f. Staff Recommendation: Mr. Blecker said staff recommends approval of the ordinances.
g. Council Discussion: None
h. Mayor Cook closed the public hearing.
i. Council Deliberation and Consideration of Ordinance No. 16-18
Councilor Woodard moved to approve Ordinance No. 16-18. Council President Snider
seconded the motion. City Recorder Krager read the number and title of the ordinance.
ORDINANCE NO. 16-18—AN ORDINANCE AMENDING THE TIGARD
MUNICIPAL CODE CHAPTER 12 BILLING AND COLLECTION OF
UTILITY CHARGES SECTION 12.03.040
City Recorder Krager conducted a roll call vote.
Yes No
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
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Mayor Cook announced that Ordinance No. 16-18 passed unanimously.
j. Council Deliberation and Consideration of Ordinance No. 16-19
Council President Snider moved to approve Ordinance No. 16-19. Councilor Goodhouse
seconded the motion. City Recorder Krager read the number and title of the ordinance.
ORDINANCE NO. 16-19—AN ORDINANCE AMENDING THE TIGARD
MUNICIPAL CODE CHAPTER 12 SECTION 12.10.160, SERVICE
CONNECTION MAINTENANCE
City Recorder Krager conducted a roll call vote.
Yes No
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Mayor Cook announced that Ordinance No. 16-19 passed unanimously.
6. CONSIDER ISSUING A CONTRACT FOR PUBLIC OUTREACH AND MESSAGING
Senior Management Analyst Wyatt and Contracts Manager Barrett were present to give the staff
report on a public outreach and messaging contract. Mr. Barrett said an RFP was issued in July
and of the five firms responding,DHM Research was selected as the most qualified by an
evaluation team. Councilor Henderson asked who was on the judging team. Senior Management
Analyst Wyatt said he, the new communications manager and the city manager were the selection
team. In response to a question from Councilor Henderson about the dollar amount, Contracts
Manager Barrett clarified that the amount is$120,000,down from the$150,000 estimate and is
budgeted in the first quarter supplemental.
Councilor Woodard asked if there were plans to conduct a government performance audit prior to
gauging voter interest in a local option levy. He stated he has requested such an audit since he
came on council in 2011 to find out if the city is performing with reliability, accountability and
sustainability. He noted that the city used to have a sustainability person but the program went
away when there was a staff change.
Councilor Woodard read from the minutes of a discussion council had on how to refer to the
facilities study and noted that the focus changed from looking at all city-owned properties to just
the civic center. He said any discussions need to include mention of a community center.
He said although a community recreation center lost at the ballot there is still extreme interest and
he suggested a win-win scenario where a police building and community recreation center are
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combined and locations should be considered outside of the existing city hall location. He said city
hall is not a bad place for people to work but acknowledged it needs a new roof and the police
department needs to expand. He recommended looking at opportunities outside the urban
renewal area so the tax increment is not affected. He said these are things that should be included
in the public opinion research.
Council President Snider said the update from staff was about the contract itself and Councilor
Woodard's suggestions had more to do with the outreach scope of work. He said an important
point is that part of the reason the facilities work was scoped down is because during the budget
process the council did not all support providing the money for it.
IRCity Manager Wine provided context for the outreach and messaging contract relative to the
Civic Center Visioning Project. She said there are two projects underway:
• The Civic Center Visioning Project funding was authorized by council in the fourth
quarter supplemental and its purpose is to review current and potential facilities on our
campus. It is a separate project with public outreach, surveys and focus groups already
underway. The budget is $600,000 and it is a year-long project to determine what is
needed for a civic campus, culminating in a report for council on future needs. These
could include a police station,a community recreation center or other buildings that
might be replaced on the campus.
• In contrast, the contract being discussed tonight is for outreach which council authorized
in the first quarter supplemental and will launch a levy discussion with the community on
the operational and service portion and will provide an analysis of what services citizens
value. This is not related to facilities and will help us to understand what residents care
about in terms of services.
City Manager Wine said the budget message she delivered this year said the city may be
considering both a bond and a levy for future operations. Next year when council considers
whether and what to put before voters for approval,both will be discussed because both facilities
and operational needs exist. She addressed Councilor Woodard's concerns and said all his
suggested questions can be asked.
Senior Management Analyst Wyatt reiterated that nothing is firm yet about what is being asked in
focus groups or polls. He noted that based on conversations with council, citizen feedback and
focus groups on recreation,polling regarding recreation and who should provide it is one project
in mind.
Ms.Wine said the outreach for this contract is to get input from the community on what to put in
a proposal that might go before voters,rather than receive input on an already scoped proposal.
Councilor Woodard said he found it problematic to support outreach or going out for a local
option levy without having done a city performance audit to measure efficiency first. He said he
the city has a corrective maintenance management system that is in the infant stages of technical
evolvement. If this was a corporation we would be able to access this data in no time but the city
cannot because of the difficulties of working between antiquated and new systems.
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Mayor Cook pointed out that this issue is related to operations. As discussed in the Budget
Committee meetings, the city cannot afford everything so we want to ask the public what they are
willing to pay for. Is it more police officers,additional library programming, deferred parks
maintenance, or a third and fourth year of recreation programming?He suggested it was better to
start with polling the public and then refine it than have the five members of council deciding
what choices the public can make.
Councilor Woodard agreed but said there are huge maintenance cost savings to be had and he
knows this from working in the corporate world. He said he wants a new look at city operations
before going out for a levy.
Mayor Cook said this contract will not be on a future consent agenda and will require separate
discussion.
7. DISCUSSION OF UPCOMING CONTRACTS
Contracts Manager Barrett gave the staff report on three contracts to come before the Local
Contract Review Board.
Citywide collection services have been used since 1996 to collect delinquent accounts. He said
court,utility billing and risk management are the main users of this service. An evaluation team
reviewed the five firms submitting proposals. This contract is for$150,000 over the five-year
contract life. Money is not paid out of the city budget but comes from the delinquent accounts.
Staff recommends a contract for Professional Credit Service be placed on a future consent agenda.
Since 1997 Oregon law requires state and local governments, school districts and other tax-
supported political bodies in the state to purchase goods and services from Qualified
Rehabilitation Facilities (QRFs)when the products or service meet requirements. Staff
approached current janitorial services vendor Tualatin Valley Workshop and negotiated terms for
a five-year contract of around$200,000 per year for an aggregate total of just under$1.1 million.
Council President Snider asked staff if there was an evaluation on frequency of service and Public
Contracts Manager Barrett said this was evaluated in depth a few years ago. In fact, staff empties
their own wastebaskets and vacuuming floors everyday was discontinued.
The Tiedeman Realignment of Fanno Creek Trail project will resolve a substandard trail issue
where the trail crosses Tiedeman Avenue. Mr. Barrett said a qualification-based RFP was issued in
June for design and construction management work. Six proposals were received and ranked
based on criteria detailed in the QBS packet. OBEC was the top ranking firm and staff negotiated
a contract price for$229,000. Engineer Faha said there is a $660,000 Metro Greenspaces grant
paying for the entire project,including design,construction and staff management.
The Local Contract Review Board agreed that these contracts may come back on consent.
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8. LOCAL CONTRACT REVIEW BOARD: CONSIDERATION OF CONTRACT AWARD
FOR GREENFIELD DRIVE AND RIDGEFIELD LANE WATER QUALITY FACILITIES
REPAIR
Contracts Manager Barrett and Senior Project Engineer Newberry gave the staff report. Council
received a staff memorandum regarding this project in the August 11 packet.An invitation to bid
was issued in July and two bids were received with Braun Construction coming in as the lowest
qualified bidder at$193,575. The funding for this item was approved in the first supplemental
budget.
Councilor Henderson moved for approval of the contract. Councilor Woodard seconded the
motion. Mayor Cook conducted a vote and the motion passed unanimously.
Yes No
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
Mayor Cook announced that the LCRB approved the contract unanimously.
9. CITY PRIORITIES DISCUSSION: SCOPING A LOCAL OPTION LEVY AND FACILITIES
BOND PROPOSAL
City Manager Wine gave the staff report and said this will be a recurring discussion item for
council meetings over the next year to get council thinking about whether to pursue a local option
levy or a facilities bond in 2017 or beyond. She said as discussed in an earlier agenda item public
outreach has begun to identify potential service investments and facility needs but eventually
council will need to decide whether to pursue that with voters. Throughout the budget process the
budget message was largely focused on where investments of general fund dollars could be made
in the upcoming fiscal year but there were more needs than General Fund money available. The
menu of choices council made in the 2016-17 budget are still before us and this represents the
variety of things that council might choose to scope in a local option levy. General Fund
investments include parks and recreation,police and public safety, community development and
other administrative costs. Ms. Wine said she hoped council could have an early discussion, even
before being informed by survey work on the following questions:
• What does the city council consider a priority for the next investment by the
General Fund in services and facilities?
• What kind of information would be useful to know from citizen surveys or focus groups
about community priorities?
A timeline of 2017-18 was preliminarily discussed for putting both a local option levy and a bond
for capital facilities before voters,based on the lead time for gathering information about the city's
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needs, outreach to the public and building community awareness and support. What is council's
consideration for timing on these potential voter-approved measures.
Mayor Cook said in budget discussions two years ago it was proposed that extra revenue was
needed for library and to fund more officers.A parks utility fee was suggested which could have
been as high as $10-12 month per household. At the time there was interest from some
councilors to push the entire amount through,but he brought up the idea of a local option levy, a
less regressive way to pay for services that allows deduction from property taxes. However,at that
time the council negotiated a lower park utility fee for the short run. He said he did not suggest
this so that people could have a vote on it;he is doing this because of the regressive issue of a fee
and the advantage of a tax deduction. The downside is that you have to go back out every five
years for a local option levy, although that is sort of a checks and balances activity that people can
support if they approve what the city has done.
Council President Snider suggested that the priorities are the same as those identified during the
budget cycle. He said he feels that council talks to a lot of people who want a lot of services but
do not want to pay for them. He hoped that outreach would help people make the connection and
then offer an informed opinion on what their priorities area. He said the public needs to consider
if longer police response times are acceptable. If that is what they want he is OK with that but
may not want to stay in a community where that is acceptable. He agreed with Mayor Cook that
the current system is regressive.
Councilor Goodhouse said this outreach is a great educational opportunity as many citizens do not
understand that the city has an eroding budget. They do not realize what employee healthcare and
retirement costs do to the bottom line.
Councilor Woodard said he did not know if the fiscal cliff is real or due to ineffective policies and
inefficiencies. He reiterated his desire for a performance audit which he felt should have been
done back in 2011. He said if the city becomes more sustainable it could ask for less on a levy.
Councilor Henderson said he needs more data and he looks at it the way he looks at his own
office complex. A leaky roof needs to be fixed and we need to be good stewards of city property.
He said he wanted to know if$30 million or$300 million is needed before he is willing to go
forward.
Mayor Cook agreed with Councilor Henderson's point about being good stewards of city funds
and said the reason the city put the gas tax on the ballot is because the backlog will get taken care
of. The roads will last longer and this is more sustainable.The longer we defer maintenance we
are not sustainable,whether talking about a roof or a park. A roof should be repaired when
needed or it may end up as a capital,not an operating cost. Budget committee members stress
that that the city should take care of what it has. He said by the next discussion council will have a
picture of what people want.
Council President Snider referred to the TVF&R State of the District presentation given by Chief
Duyck earlier and said TVF&R has data and analytics capabilities and uses data to manage
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at a level higher than most other governmental entities do. He mentioned that Budget
Committee discussions were held where basic things were not known by city managers. He said
council does not get the information they need and department directors should know more
about the basic cost of their programs.
Council President Snider said he participated in a group in the mid-2000s regarding city general
fund sustainability. Performance audits were suggested and were conducted. Managers already
knew what needed to be focused on. He said a better use of money than an audit would be
building our analytics and suggested there may be citizens who could help the city build their
analytic capabilities.
Councilor Goodhouse said he agrees with departments having more information to work with.
He commented that he attended a public works conference two weeks ago and a common thread
was that most states have limited property tax growth. They are facing the problem of getting
buy-in from the community. Costs continually rise and property taxes do not keep up. There
may have to be a shift in how governments operate. He commented that residents of Tigard
seem to want to pay for a healthy community.
Councilor Woodard said recreation can product revenue and be self-sustainable. It can draw in
donations,provide healthy habits, create leaderships and teach values. Recreation will keep
Tigard competitive as a place to live in the region.
City Manager Wine said staff will provide more structure for the next city priority discussion. The
Leadership team is already giving thought to the kinds of metrics or measures that help us
understand or be able to convey how we are operating and if it is effective and efficient. If the
contract discussed in Agenda Item No. 6 is approved,we will get a better idea of what the
community thinks and a more defined array of choices for the next discussion.
10. NON AGENDA ITEMS Mayor Cook brought forth a non-agenda item for council
consideration to formally oppose Measure 97. He noted that this item was prepared without city
staff assistance. He said he does not agree that tax law should be changed by citizen initiative and
instead it should go through the legislative process. He said this will not be good in the long run.
Councilor Goodhouse said he thought it would be devastating to Oregon and explained how it
could drive small companies out of business. He said Oregon is coming out of the recession and
we are in a global economy. Councilor Woodard agreed. Councilor Henderson said he is
opposed because it taxes gross receipts and he feels the cost will be passed down to consumers.
Councilor Goodhouse moved to approve Resolution No. 16-42 opposing Measure 97. Councilor
Woodard seconded the motion. Mayor Cook conducted a vote and the measure passed by a
majority, 4-1.
Yes No
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
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11. EXECUTIVE SESSION None was held.
12. ADJOURNMENT
At 9:11 p.m. Councilor Woodard motioned for adjournment. Council President Snider seconded
the motion and all voted in favor.
Yes No
Councilor Goodhouse ✓
Councilor Henderson ✓
Council President Snider ✓
Councilor Woodard ✓
Mayor Cook ✓
�'-'q -
Carol A. Krager, City Recor r
Att I
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John Cook,Mayor
Date
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