MINUTES OF A REGULAR MEETING OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, HELD IN THE CITY HALL COMMISSION CHAMBERS, 100 NORTH U.S. #1, FORT PIERCE, FLORIDA, AT 5:05 P.M. ON MONDAY, NOVEMBER 18, 2024.
1.
CALL TO ORDER
2.
OPENING PRAYER - Pastor Delores Williams with Kingdom Word Network Ministry
3.
PLEDGE OF ALLEGIANCE
4.
ROLL CALL
- Present:
- Commissioner Michael Broderick; Commissioner Arnold Gaines; Commissioner Curtis Johnson, Jr.; Commissioner Jeremiah Johnson; Mayor Linda Hudson
- Staff Present:
-
- Records Management Coordinator Tina Rel
- Acting City Manager Linda Cox
- City Attorney Sara Hedges
5.
APPROVAL OF MINUTES
a.
Approval of Minutes from the November 04, 2024 Regular Meeting.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve the minutes of the November 04, 2024 Regular Meeting.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
6.
PROCLAMATIONS
a.
Hospice and Palliative Care Month
b.
Recognition of Commissioner Jeremiah Johnson for his years of elected service to the City of Fort Pierce.
7.
LETTERS TO COMMISSION
8.
ADDITIONS OR DELETIONS TO AGENDA AND APPROVAL OF AGENDA
Motion was made by Commissioner Curtis Johnson, Jr., seconded by Commissioner Arnold Gaines to approve the agenda as set.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
9.
COMMENTS FROM THE PUBLIC ON AGENDA ITEMS NOT REQUIRING PUBLIC HEARINGS
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on an agenda item which is not under Public Hearings on the Agenda may be heard at this time and must sign up to speak in advance. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
No comments
10.
MISCELLANEOUS REPORTS
a.
Update from Fort Pierce Utilities Authority regarding the inventory of leaded copper pipes within the City.
Javier Cisneros, Director of Utilities introduced Rachel Tennant, Director of Public Affairs, and John Biggs, Project Manager to present the update of the inventory of lead copper pipes and the lead copper pipe rule (LRC).
The Commission inquired if this is a federal rule, how this affects homes built after the eighties, additional contact options, tenants' responsibility versus owners, multi-language contact information, suggested community outreach options, assistance with investigating pipes status, verifying renovated homes, and ingesting lead water.
Ms. Tennant commented that this is a federal mandate, homes built after the eighties will receive notification, funds are available for contractors to reach residents and customer service representatives are available to assist with questions, surveys are being conducted, language was considered, recommended residents contact plumbers to investigate the pipes, bathing in the water is not the issue, rather brain development in infants and children, and flushing the pipes is not a replacement for pipe testing.
The Commission inquired if this is a federal rule, how this affects homes built after the eighties, additional contact options, tenants' responsibility versus owners, multi-language contact information, suggested community outreach options, assistance with investigating pipes status, verifying renovated homes, and ingesting lead water.
Ms. Tennant commented that this is a federal mandate, homes built after the eighties will receive notification, funds are available for contractors to reach residents and customer service representatives are available to assist with questions, surveys are being conducted, language was considered, recommended residents contact plumbers to investigate the pipes, bathing in the water is not the issue, rather brain development in infants and children, and flushing the pipes is not a replacement for pipe testing.
11.
CONSENT AGENDA
a.
Approval of two blanket Purchase Orders for Golf Course Fertilizers in an amount not to exceed $150,000.
b.
Approval of an Agreement between the City of Fort Pierce and the Economic Council of St. Lucie County, Inc. to provide services from October 1, 2024, to September 30, 2025, for an amount not to exceed $62,500.
c.
Approval of a proposal from Beemats LLC, New Smyrna Beach, FL, in the amount of $171,072.00 for the annual harvesting, maintenance, and re-nourishment of vegetated mats at the Indian Hills Recreation Area.
d.
Approval of the Memorandum of Understanding between the City of Fort Pierce and the Fort Pierce Utilities Authority relating to the Interpretation of the Charter Provisions Governing the FPUA Distribution to the City.
Commissioner Broderick pulled items 11b and 11d.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Jeremiah Johnson to approve items 11a and 11c of the Consent Agenda.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
As to item 11b
Commissioner Broderick commented on the creation of a jobs corridor utilizing the program.
Pete Tesch, St Lucie EDC, commented on the businesses that have relocated and the anticipated job availability, Treasure Coast Food Bank and Ashley Capital, in the Treasure Coast Research Park, and the economic benefits of the commerce center. Additionally, the EDC will hold a lunch on December 3rd, and the Housing Availability Summit on January 30th, 2025.
The Commission inquired about additional growth potential and commented on the corridor's importance to the City, including annexations.
Commissioner Broderick commented on the creation of a jobs corridor utilizing the program.
Pete Tesch, St Lucie EDC, commented on the businesses that have relocated and the anticipated job availability, Treasure Coast Food Bank and Ashley Capital, in the Treasure Coast Research Park, and the economic benefits of the commerce center. Additionally, the EDC will hold a lunch on December 3rd, and the Housing Availability Summit on January 30th, 2025.
The Commission inquired about additional growth potential and commented on the corridor's importance to the City, including annexations.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Arnold Gaines to approve item 11b.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
As to item 11d
Commissioner Broderick commented on the challenges of the language and supports and advocates for the memorandum.
Commissioner Gaines commented that this is a hot-button topic in the policy committee meetings and recommends determining the interpretations of the city's charter.
Commissioner Jeremiah Johnson commented on the specifics of the utilities in the charter and is excited about it.
Commissioner Broderick commented on the challenges of the language and supports and advocates for the memorandum.
Commissioner Gaines commented that this is a hot-button topic in the policy committee meetings and recommends determining the interpretations of the city's charter.
Commissioner Jeremiah Johnson commented on the specifics of the utilities in the charter and is excited about it.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Jeremiah Johnson to approve item 11d.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
12.
PUBLIC HEARINGS
Quasi-Judicial Hearings follow a strict set of rules and procedures which can be found on the City’s website using this link: https://www.cityoffortpierce.com/DocumentCenter/View/6740/Quasi-Judicial-Procedures. All Quasi-Judicial decisions by the City Commission must be based on competency substantial evidence. Competent substantial evidence is evidence which will establish a substantial basis from which the fact at issue can reasonably be inferred. It includes fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issues to be decided. It is evidence a reasonable mind could accept as having probative weight and adequate to support a legal conclusion. Hypothetical, speculative, fear or emotion based generalized statements that do not address the relevant issues and that cannot be reasonably said to support the action advocated, are not competent substantial evidence.
Quasi-Judicial Hearings follow a strict set of rules and procedures which can be found on the City’s website using this link: https://www.cityoffortpierce.com/DocumentCenter/View/6740/Quasi-Judicial-Procedures. All Quasi-Judicial decisions by the City Commission must be based on competency substantial evidence. Competent substantial evidence is evidence which will establish a substantial basis from which the fact at issue can reasonably be inferred. It includes fact or opinion evidence offered by an expert on a matter that requires specialized knowledge and that is relevant to the issues to be decided. It is evidence a reasonable mind could accept as having probative weight and adequate to support a legal conclusion. Hypothetical, speculative, fear or emotion based generalized statements that do not address the relevant issues and that cannot be reasonably said to support the action advocated, are not competent substantial evidence.
a.
Legislative Hearing - Ordinance 24-040 - Review and approval for a Voluntary Annexation by applicant and owner Guillermo Claure, to extend the territorial limits of the City of Fort Pierce, Florida, to include two (2) parcels at or near the intersection of S. Ocean Drive and Blue Heron Blvd., establishing The request is to annex Parcel IDs: 2413-501-0176-000-6 and 2413-501-0288-000-3, located at or near the intersection of S. Ocean Drive and Blue Heron Blvd. - FIRST READING
Records Management Coordinator, Tina Rel, introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 24-040
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) PARCELS AT OR NEAR THE INTERSECTION OF S OCEAN DRIVE AND BLUE HERON BOULEVARD AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1,
2025; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING ZONING DESIGNATION; ESTABLISHING LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE
CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING
Staff Presentation:
Kev Freeman, Planning Director, presented the review and approval for a voluntary annexation to include two (2) parcels at or near the intersection of S. Ocean Drive and Blue Heron Blvd.
Question of Staff:
The Commission inquired on the sewer service of the business to the south, the south beach overlay, and the private owner and commented on the water table and Florida septic code.
Mr. Freeman commented on the services to the south, the south beach overlay, and accommodation for connections of the private owner.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 24-040
AN ORDINANCE EXTENDING THE TERRITORIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE TWO (2) PARCELS AT OR NEAR THE INTERSECTION OF S OCEAN DRIVE AND BLUE HERON BOULEVARD AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1,
2025; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING ZONING DESIGNATION; ESTABLISHING LAND USE DESIGNATION; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE
CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING
Staff Presentation:
Kev Freeman, Planning Director, presented the review and approval for a voluntary annexation to include two (2) parcels at or near the intersection of S. Ocean Drive and Blue Heron Blvd.
| RECOMMENDATION: | |||||
| As proposed, the annexation meets the standards of the City's Comprehensive Plan, specifically Policy Section 1.11 regarding annexations. Therefore, the Planning Staff recommends approval of the proposed voluntary annexation, along with the associated Future Land Use designation of RL and the Zoning classification of R-3. |
Question of Staff:
The Commission inquired on the sewer service of the business to the south, the south beach overlay, and the private owner and commented on the water table and Florida septic code.
Mr. Freeman commented on the services to the south, the south beach overlay, and accommodation for connections of the private owner.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Michael Broderick to approve Ordinance No. 24-040.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
b.
Legislative Hearing - Ordinance 24-043 - Amending the Code of Ordinances of the City of Fort Pierce Chapter 125, Zoning, Article VII, Supplementary Regulations, Division 1 - Generally, Section 125-314 Design Review, to provide for General Design Review updates and allow for architectural Design Standards, which shall be adopted by Resolution; providing for a severability clause, repealing all Ordinances or parts thereof in conflict, and providing an effective date. - FIRST READING.
Records Management Coordinator, Tina Rel, introduced the Ordinance, read by title only, into the record.
ORDINANCE NO. 24-043
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 125 – ZONING, ARTICLE VII - SUPPLEMENTARY REGULATIONS, DIVISION 1 – GENERALLY, SECTION 125-314 – DESIGN REVIEW TO PROVIDE FOR GENERAL DESIGN REVIEW UPDATES AND ALLOW FOR ARCHITECTURAL DESIGN STANDARDS WHICH SHALL BE ADOPTED BY RESOLUTION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING
Staff Presentation:
Kev Freeman, Planning Director, presented the amending of the code of ordinances of chapter 125, zoning, article VII, supplementary regulations, division 1 - generally, section 125-314 design review.
Acting City Manager, Linda Cox explained that the ordinance will be adopted after the second reading.
RECOMMENDATION:
Staff recommend APPROVAL of the proposed amendments to Sec. 125-314 - Design Review Code.
Questions of Staff:
The Commission inquired on the mixing of styles, the design standards for innovative community expansion, specifically the Lincoln Park area, and how this applies to renovated properties.
Mr Freeman commented on the variation of styles, explained the standard for innovative community development, and clarified how this applies to renovations.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
ORDINANCE NO. 24-043
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FORT PIERCE, FLORIDA, AMENDING CHAPTER 125 – ZONING, ARTICLE VII - SUPPLEMENTARY REGULATIONS, DIVISION 1 – GENERALLY, SECTION 125-314 – DESIGN REVIEW TO PROVIDE FOR GENERAL DESIGN REVIEW UPDATES AND ALLOW FOR ARCHITECTURAL DESIGN STANDARDS WHICH SHALL BE ADOPTED BY RESOLUTION; PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. FIRST READING
Staff Presentation:
Kev Freeman, Planning Director, presented the amending of the code of ordinances of chapter 125, zoning, article VII, supplementary regulations, division 1 - generally, section 125-314 design review.
Acting City Manager, Linda Cox explained that the ordinance will be adopted after the second reading.
RECOMMENDATION:
Staff recommend APPROVAL of the proposed amendments to Sec. 125-314 - Design Review Code.
Questions of Staff:
The Commission inquired on the mixing of styles, the design standards for innovative community expansion, specifically the Lincoln Park area, and how this applies to renovated properties.
Mr Freeman commented on the variation of styles, explained the standard for innovative community development, and clarified how this applies to renovations.
Mayor Hudson opened the public hearing.
Seeing no one, she closed the public hearing.
Motion was made by Commissioner Michael Broderick, seconded by Commissioner Curtis Johnson, Jr. to approve Ordinance No. 24-043.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
13.
CITY COMMISSION
a.
Resolution 24-R57 Adoption of the Fort Pierce Architectural Design Standards
The Resolution was moved to the December 02, 2024 regular meeting.
b.
Resolution 24-R58 Certifying General Election Results
Records Management Coordinator, Tina Rel, introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 24-R58
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ACCEPTING THE RETURNS OF THE PRIMARY ELECTION HELD ON NOVEMBER 5, 2024, AS PROVIDED BY THE COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR AN EFFECTIVE DATE.
RESOLUTION NO. 24-R58
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, ACCEPTING THE RETURNS OF THE PRIMARY ELECTION HELD ON NOVEMBER 5, 2024, AS PROVIDED BY THE COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR AN EFFECTIVE DATE.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Curtis Johnson, Jr. to approve Resolution No. 24-R58.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
c.
Resolution 24-R59 Continuing the Acting City Manager Designation
Records Management Coordinator, Tina Rel, introduced the Resolution, read by title only, into the record.
RESOLUTION NO. 24-R59
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CONTINUING THE ACTING CITY MANAGER DESIGNATION OF LINDA COX; PROVIDING FOR AN EFFECTIVE DATE.
Acting City Manager, Linda Cox commented on the Resolution and the salary adjustment requested.
The Commission discussed the salary adjustment and requested a specific dollar amount.
RESOLUTION NO. 24-R59
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF FORT PIERCE, FLORIDA, CONTINUING THE ACTING CITY MANAGER DESIGNATION OF LINDA COX; PROVIDING FOR AN EFFECTIVE DATE.
Acting City Manager, Linda Cox commented on the Resolution and the salary adjustment requested.
The Commission discussed the salary adjustment and requested a specific dollar amount.
Motion was made by Commissioner Jeremiah Johnson, seconded by Commissioner Michael Broderick to approve Resolution 24-R59.
- AYE:
- Commissioner Michael Broderick, Commissioner Arnold Gaines, Commissioner Curtis Johnson, Jr., Commissioner Jeremiah Johnson, Mayor Linda Hudson
Passed
14.
COMMENTS FROM THE PUBLIC
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Any person who wishes to comment on any subject may be heard at this time. Please limit your comments to three (3) minutes or less, as directed by the Mayor, as this section of the Agenda is limited to thirty minutes. The City Commission will not be able to take any official actions under Comments from the Public. Speakers will address the Mayor, Commissioners, and the Public with respect. Inappropriate language will not be tolerated.
Jacque Chester
15.
COMMENTS FROM THE CITY MANAGER
a.
Reports
Acting City Manager Linda Cox commented on the strategic plan, Mr. Chester, the Indian River mural, legislative hearing, swearing in December 2nd at 4 p.m., and working with Commissioner Jeremiah Johnson.
Records Management Coordinator, Tina Rel – No comments
City Attorney, Sara Hedges - Wished Commissioner Jeremiah Johnson the best.
Records Management Coordinator, Tina Rel – No comments
City Attorney, Sara Hedges - Wished Commissioner Jeremiah Johnson the best.
16.
COMMENTS FROM THE COMMISSION
Commissioner Curtis Johnson commented on the legislative delegation, wished the City Happy Holidays, thanked Commissioner Jeremiah for his service, the ability to apply for City Manager and citizens' concerns based on the recent elections.
Ms. Hedges commented that the new system is up and running and the process is being handled by the City Attorney's office.
Commissioner Broderick commented legislative interaction in important and contribution of the FPUA.
Commissioner Gaines commented on the upcoming legislative meetings, election outcomes, and noise in District One, thanked Commissioner Jeremiah for his service, and wished the City Happy Holidays.
Commissioner Jeremiah Johnson commented on the incoming Commissioner James Taylor and his service on the Commission.
Mayor Hudson commented on the Fort Pierce Comprehensive Safety Action Plan, a grant received by the police department.
Ms. Hedges commented that the new system is up and running and the process is being handled by the City Attorney's office.
Commissioner Broderick commented legislative interaction in important and contribution of the FPUA.
Commissioner Gaines commented on the upcoming legislative meetings, election outcomes, and noise in District One, thanked Commissioner Jeremiah for his service, and wished the City Happy Holidays.
Commissioner Jeremiah Johnson commented on the incoming Commissioner James Taylor and his service on the Commission.
Mayor Hudson commented on the Fort Pierce Comprehensive Safety Action Plan, a grant received by the police department.
17.
ADJOURNMENT
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
Immediately following adjournment, please move toward the doors and exit the chambers. This allows for the safe and courteous exit of all persons, and those on the dais. Conversations after the meeting should be held outside of chambers, in the foyer or elsewhere, but not in the commission chambers where lights will be out as soon as the chambers are empty.
ATTEST:
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CITY CLERK
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MAYOR COMMISSIONER
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