Reorganizational Meeting - Tonawanda



Council Chambers

Tonawanda, New York

January 5, 2021

A Regular Meeting of the Common Council

Present: Council President Koch

Present Councilmembers: Newman, Kammerdeiner, Rautenstrauch, Mileham

Pledge of Allegiance led by Council President Koch

Prayer provided by Associate Chaplain Rick Oates read by Council President Koch

Certificates of Recognition

John Bartolomeo – 34 years of service

Tim Stuart – 29 years of service

Squires Tap Room – 25 years of Business in Tonawanda

Proclamation Presented to Tim Stuart from Erie County Legislator Kevin R. Hardwick

Award of Holiday House Decorating Contest

Best Use of Lights – Jeremiah Licht, 470 Fletcher Street

Most Holiday Spirit – Bob & Janet Kessinger, 201 Franklin Street

Mayor’s Award – Vicky Kotak, 164 DeKalb Street

COMMUNICATIONS FROM THE MAYOR

COMMUNICATIONS FROM CITY OFFICIALS AND CORRESPONDENCE

Building Inspector Monthly Report for November 2020

Letter from Erie County to the Mayor regarding the County STOP-DWI Program for 2021

Referred to the Committee of the Whole

Ordered filed

COMMENTS BY THE PUBLIC ON RESOLUTIONS

No comments by the public

The Tonawanda Common Council, in an effort to conduct business in a timely fashion and maintain an open line of communication with the public, welcomes comments on resolutions and other City business.

• Persons wishing to speak and be recognized by the President of the Common Council are to be courteous, respectful, non-repetitive and brief.

• All questions and/or comments should be addressed to the President of the Common Council.

• Please state your name and address clearly for inclusion in the Common Council minutes. In the event any person wishes a response outside the confines of the Common Council meeting, please leave all necessary contact information with the City Clerk after the meeting.

• Persons may address the Common Council during (2) separate sessions of the meeting for a total of 30 minutes per session. Once prior to the resolutions and also after the resolutions prior to Common Council comments.

• Individuals may speak a total of (3) minutes per speaker per session. The President of the Common Council will adhere to this (3) minute guideline in an effort to allow everyone an opportunity to speak who wishes to do so.

• The President of the Common Council reserves the Council’s right to limit or expand upon these limits as he/she may deem necessary and prudent.

• Usage of cell phones other than for emergency is prohibited during all Council Sessions.

MOTIONS AND RESOLUTIONS

1. By Councilmember Kammerdeiner seconded by Councilmember Newman

Resolved, that the Common Council minutes from December 15, 2020 be accepted as filed.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

2. By Councilmember Rautenstrauch seconded by Councilmember Kammerdeiner

Resolved, at the recommendation of City Engineer Jason J. LaMonaco, P.E., that Common Council authorizes and directs Mayor Rick Davis to enter the City of Tonawanda into Agreement with Mark Cerrone, Inc. for construction of the Niagara River and Ellicott Creek Riverfront Access and Docks Improvement project at a cost not to exceed $819,500.00

Funding/Fiscal Impact: $819,500.00 from NYSDOS, Niagara Greenway, and Erie County grants.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

3. By Council seconded by Council

Motion made by Council President Koch seconded by Council Kammerdeiner to waive the reading of the resolution. All were in favor.

WHEREAS, Local Law No. 3 for the year 2020 for the City of Tonawanda entitled:

A Local Law to amend the number of members on the Board of Assessment Review to five members.

was unanimously introduced by the Common Council on December 15, 2020 and laid upon each Council Member’s desk for seven days, excluding Sunday; and

WHEREAS, proposed Local Law No. 3 for the year 2020 has been reviewed and deliberated upon by the Common Council;

NOW, THEREFORE BE IT RESOLVED, that the Common Council hereby approves and enacts Local Law No. 3 for the year 2020, attached hereto and made a part hereof.

LOCAL LAW NO. 3 FOR THE YEAR 2020

Amend the number of members on the Board of Assessment Review to five members

• Sec. 110-152. - Number of members; qualifications of members shall be amended to read as follow:

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The board of assessment review shall consist of five members appointed by the common council. Each board member shall be subject to the qualification and training requirements set forth in the Real Property Tax Law.

If a court determines that any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, individual, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or invalidate the remainder of this Local Law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

This Local Law shall take effect immediately upon filing with the Secretary of State.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

4. By Council seconded by Council

BE IT RESOLVED, that City of Tonawanda Mayor Rick Davis be authorized and directed to advertise and to hold a Public Hearing, pursuant to legal publication, regarding Local Law No. 3 for the year 2020, entitled:

A Local Law to amend the number of members on the Board of Assessment Review to five members.

BE IT FURTHER RESOLVED, that this Public Hearing shall be held on Tuesday, January 19th, 2021. Be it further resolved that this Public Hearing be held virtually in conjunction with the Common Council meeting.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

5. By Council seconded by Council

Motion made by Council President Koch seconded by Council Kammerdeiner to waive the reading of the resolution. All were in favor.

WHEREAS, on March 7, 2020, Andrew M. Cuomo, Governor of the State of New York issued Executive Order Number 202, declaring a State disaster emergency for the entire State of New York; and

WHEREAS, on December 18, 2020, the Governor issued Executive Order 202.83, a portion of which includes a local option pertaining to Senior Citizens’ and Persons with Disabilities’ partial property tax exemption, Subdivisions 7, 7-a and 8 of Section 459-c of the Real Property Tax Law (Partial Tax Exemption for Persons with Disabilities), and Subdivisions 5, 5-a, 5-b, 5-c and 6 of Section 467 of the Real Property Tax Law (Partial Tax Exemption for Low Income Senior Citizens), to the extent necessary to permit the governing body of an assessing unit to adopt a resolution directing the assessor to grant exemptions pursuant to such section on the 2021 assessment roll to all property owners who received either of those exemption on the 2020 assessment roll, unless there has been a change in status that would no longer qualify the homeowner, dispensing with the need for renewal applications from such persons, and further dispensing with the requirement for assessors to mail renewal applications to such persons; and

WHEREAS, the City of Tonawanda is desirous to adopt such resolution while also allowing the assessor to require a renewal application to be filed when the assessor has reason to believe that an owner who qualified for the exemption on the 2020 assessment roll may have since changed primary residence, added another owner to the deed, transferred the property to a new owner, or died;

NOW,THEREFORE, BE IT RESOLVED, the Common Council of the City of Tonawanda directs the City Assessor, pursuant to the NYS Governor’s Executive Order 202.83 Continuing Temporary Suspension and Modification of Laws relating to the pandemic disaster emergency, specifically as it pertains to Senior and Disability Exemptions, Section 467 and 459c of the Real Property Tax Law, to grant exemptions on the 2021 Assessment Roll to all property owners who received that exemption on the 2020 Assessment Roll, except in the case that there is a change of status that would no longer qualify the homeowner, thereby dispensing with the need for renewal applications from such persons, and further dispensing with the requirement for assessors to mail renewal applications to such persons.

Comment: Council President Koch, this Resolution is in conjunction with the Executive Order from our Governor. The NYS Executive Order was issued as a result of the Pandemic to grant exceptions on the 2021 Assessment Role property owners who would be afforded that opportunity. I would encourage any resident if they did have any questions to reach out to our City Assessor’s Office and speak with Dave Marrano.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

6. By Council seconded by Council

Whereas, the City of Tonawanda takes DWI seriously, and

Whereas, the City of Tonawanda in conjunction with Erie County are working together to Stop DWI’s, and

Whereas, the City of Tonawanda would like to continue this agreement with Erie County.

Now, therefore be it resolved, that the Common Council of the City of Tonawanda hereby authorizes the Mayor Rick Davis to sign the 2021 contract with Erie County to Stop DWI.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

7. By Council seconded by Council

WHEREAS, the Mayor has determined that the Building Inspector, City Engineer, Assistant City Engineer, Deputy City Attorney, City Clerk, Director of Parks and Recreation, Fire Chief, Police Chief, Superintendent of Public Works, Administrative Assistant, Mayor’s Executive Secretary, and Civil Service Secretary,  receive raises commensurable with all the other bargaining units throughout the City, now, therefore be it

RESOLVED, that the above mentioned positions receive a 1.5% raise retroactive to January 1, 2021, and a 1.5% raise on July 1, 2021.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

8. By Council seconded by Council

WHEREAS, the City of Tonawanda has an interest in supporting and fostering all caring, committed and responsible family units in the City of Tonawanda; and

WHEREAS, in order to accomplish this goal the Common Council desires to establish a Domestic Partnership Registry to provide a mechanism by which those who choose not to marry can be entitled to certain societal benefits and privileges now accorded only to those in a legally recognized partnership.

NOW THEREFORE BE IT RESOLVED, that the City of Tonawanda hereby establishes the Domestic Partnership Registry as follows:

DOMESTIC PARTNERSHIP REGISTRY

Legislative intent.

The City of Tonawanda has an interest in supporting all caring, committed and responsible family units. It is the intention of the Common Council of the City of Tonawanda to establish a mechanism by which those who choose not to marry can still express and document their commitment to each other as domestic partners. The Common Council deems it is appropriate and fair that certain societal benefits and privileges now accorded to those who are in a legally recognized partnership be available to domestic partners.

This legislation is intended to define the term "domestic partnership" and establish a registry for residents wishing to acknowledge said relationships. The City recognizes that it is in the public interest for persons in committed relationships and who share common households to be able to register those relationships formally.

Statement of domestic partnership requirements.

A. 

A domestic partnership shall exist between two persons who execute and file with the City Clerk of the City of Tonawanda a statement of domestic partnership in which each individual as to him or herself declares, under penalties of perjury that:

(1)  The individuals are at least 18 years of age.

(2)  The individuals are competent to enter into a contract.

(3)  The individuals are not married to others in any jurisdiction.

(4)  The individuals are committed to the physical, emotional and financial care

and support of each other.

(5)  The individuals are financially interdependent.

(6)  The individuals have represented to persons outside their domestic

partnership that they are domestic partners.

(7)  The individuals are each other's sole domestic partner, and each has no other

domestic partner.

(8)  The individuals intend to remain each other's sole domestic partner.

(9)  The individuals have not terminated a statement of domestic partnership, or

its equivalent in this or any another jurisdiction, within six months

immediately prior to filing the statement.

(10)The individuals are not related by blood in a manner that would bar marriage

under the laws of the State of New York.

(11) The individuals are domiciled and reside together in the City of Tonawanda.

B. 

A statement of domestic partnership shall be executed before the City Clerk or an authorized designee by both individuals under oath and penalty of perjury that they are incompliance with the above stated domestic partnership requirements. Said statement shall also be subscribed by the Clerk or an authorized designee. The City Clerk shall require documentary evidence in support of one or more of the declarations, pursuant to regulations promulgated by the City Clerk and authorized by the City Attorney’s office.

C. 

A statement of domestic partnership shall be executed on a form provided by the City Clerk and shall be effective as of the date of its filing.

D. 

A statement of domestic partnership which contains a false or fraudulent declaration by either of the individuals executing it shall not be effective, notwithstanding its filing by the City Clerk, and shall be voided by the City Clerk.

Termination of domestic partnership.

A. 

Either individual in a domestic partnership may terminate the domestic partnership by executing and filing with the City Clerk a termination of domestic partnership statement in which the individual declares the following:

(1)  The domestic partnership has been terminated.

(2)  The individual terminating the domestic partnership has notified the other

domestic partner of the termination in writing.

(3)  Written notice of the termination has been received by the other domestic

partner at least 30 days immediately prior to the filing of the termination of

domestic partnership.

B. 

A termination of domestic partnership statement shall be executed before the City Clerk or an authorized designee under oath and penalty of perjury as to each of the declarations set forth in paragraph A and shall be subscribed by the Clerk or an authorized designee. The City Clerk shall require documentary evidence in support of one or more of the termination declarations, pursuant to regulations promulgated by the City Clerk and authorized by the City Attorney’s office.

C. 

A termination of domestic partnership shall be executed on a form provided by the City Clerk and shall be effective as of the date of its filing.

D. 

A termination of domestic partnership which contains a false or fraudulent declaration by either of the individuals executing it shall not be effective, notwithstanding its filing by the City Clerk, and shall be voided by the City Clerk.

E. 

A domestic partnership shall automatically terminate, and be deemed null and void, in the event of the marriage or death of either partner; or the application for another domestic partnership by either partner.

Fees.

The City Clerk shall charge a nonrefundable fee of $30.00 for the filing of a statement of domestic partnership or a termination of domestic partnership. The City Clerk shall charge a nonrefundable fee of $15.00 for providing additional certified copies of either document.

Maintenance of records.

The City Clerk shall maintain a list of all domestic partnership statements and termination of domestic partnership statements setting forth the name of each individual and the date of filing. The list shall be a public record pursuant to the Freedom of Information Law. The City Clerk shall treat any other information of a personally identifying nature relating to an individual as a matter of personal privacy exempt from disclosure under such law.

Confidentiality.

A. 

The City Clerk shall ensure the confidentiality of information contained in the filed statement of domestic partnership or statement of domestic partnership termination. In the course of ordinary business, such information contained in said statements shall be released as follows:

(1)  To one or both parties to the domestic partnership.

(2)  To an individual presenting written authorization signed in front of a notary

public from one or both of the parties to the domestic partnership.

(3)  In accordance with an order of a court of competent jurisdiction or judicial

subpoena.

BE IT FURTHER RESOLVED, that the above amendment shall take effect upon

publication of its title in an official newspaper of the City of Tonawanda.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

9. By Councilmember Rautenstrauch seconded by Councilmember Kammerdeiner

WHEREAS, the New York State Law Enforcement Accreditation Program approved on December 3, 2020, revisions to the Records Retention and Disposition Standards, it is now necessary for the City to adopt such amended procedures.

NOW THEREFORE BE IT RESOLVED, By the Common Council of the City of Tonawanda, that Retention and Disposition Schedule for New York Local Government Records (LGS-1), issued pursuant to Article 57-A of the Arts and Cultural Affairs Law, and containing legal minimum retention periods for local government records, is hereby adopted for use by all officers in legally disposing of valueless records listed therein.

BE IT FURTHER RESOLVED, that in accordance with Article 57-A:

a) only those records will be disposed of that are described in Retention and Dispositions Schedule for New York Local Government Records (LGS-1), after they have met the minimum retention periods described therein;

b) only those records will be disposed of that do not have sufficient administrative, fiscal, legal, or historical value to merit retention beyond established legal minimum periods.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

Resolution declared adopted

.

COMMENTS BY THE PUBLIC AFTER RESOLUTIONS

No Comments

COMMENTS BY THE COUNCILMEMBERS AFTER RESOLUTIONS

Council Member Newman - Thank you Madam President, I have a few comments. I would like to welcome our newest Sun reporter, Sydney Bucholtz. Hopefully she will find some good stuff to write about. I would like to thank John Bartlomeo for his service to our DPW. I have known John a long time as well, His father was a member of the Fire Hall, he was a member of our Fire Hall. I would also like to thank , Tim Stuart for his service, I mentioned this early on , when he got his award earlier this month, I have also know Tim a really long time as well, its been great for him to serve the City as he has. I would also like to mention our Fire Department on December 26th brought a baby into this world. It was specifically Eric Krzeminski, paramedic. He took a call for a woman in labor. They were able to deliver a child on December 26th, pretty exciting. With all the bad things that happened in 2020, it’s good to see positive. Its kind of what these guys strive for, it’s been good. I also want to thank Chief Stuart for his work. Staying on top of the COVID with the vaccinations, keeping everybody in the loop on vaccinations. He is also working with County officials. We are kind of on a standby situation, so when mass dosing comes out could be one of the sites to administer the vaccination. We are prepared to do that with our Paramedic Department. That’s all I have Madam President, Thank you.

Council Member Kammerdeiner - Thanks Madam President. I to want to say congratulations to all of our City Employees. John for your service, thank you very much and Tim, well deserved retirement. Enjoy that new grandbaby. I’m sure you will be babysitting from here on out. I’m hoping that 2021 is better that 2020 with us moving forward. As you all know back in 2020 we were faced with a big budget issue that we had. It came to my attention it was a team effort. It wasn’t one person that made the hard decisions with the 2020 budget that the Major laid on us. I just want to make sure that everybody is aware that this is a team that we all work with and I just want to continue that with 2021 as well. That’s all I have. Thanks Madam President.

Council Member Rautenstrauch - Thank you, just to add to Dawn’s comments not only that. But, when we were up against the wall in the middle of the year and we all worked together. Hopefully we are facing some better situations. Hopefully it is a little more optimistic this year. I just want to say thanks to everyone for the work that we have done on the budget for all the employees for what they did last year to get us to a more reasonable number. I know we don’t have numbers in, I know no one what to say anything until we have definite numbers. With those cuts, with the State Aide, sales tax coming in, we are a little better than we thought. We are looking at a much better position that we thought we would be at this time of the year. Definitely not a victory lap. Maybe dodged a bullet, a bigger bullet than we thought we were going to have. Definitely great work to everyone on that. To be repetitive, congratulations to Tim Stuart and John Bartolomeo. Thank you guys for your service. It’s been a pleasure getting to know you guys though this process. I wish you guys well in your retirement. Tomorrow night there will be a presentation with regards to the police reform committee, more community out reach, just looking for more information, getting peoples comments and options as they move forward. As they come up with a policy or eventually with a Resolution on our end as to what we want to see in place with what the Police Department needs to do their job better. Welcome everybody to come to it tomorrow at 7:00 PM. We posted some updates on the community pages, on Facebook. There are flyers hung up in all the churches hung up in and City Hall, put in local church bulletins been on community bulletin board in front of City Hall. Please, rather than reading everything off in anybody has any questions reach out to the Council we can forward you the information for the Zoom. We just love to hear everybody’s option. That is it for me. Thank you and Happy New Year, I look forward to another year working together.

Council Member Mileham - Thank you Madam President. Without running the risk of sounding like a broken record. I would like to congratulate both Mr. Stuart and Mr. Bartolomeo on their long careers serving the city. I was going to try and do some quick math in my head of how many hours and over the years of dedicated. That’s way beyond me right now. I just know it’s a lot of time and a lot of dedication, a lot of time away from your families serving the City. We also have to say thank you to their families for sharing their family member with us. Nights away, days away. Snow storms, the anything on call for a police officer. The family member certainly serve that career along with their loved ones. Thank you not only to Tim and John, but to their families for sharing them with us. I wish you both a very long and very healthy retirement. Very happy for both of you. That’s all I have this evening. I wish everybody a Happy New Year.

Mayor Rick Davis - Thank you Madam President. I’m going to sound like a broken record. I’m just going to thank, Lieutenant Stuart, Mr. Bartolomeo and their families for allowing us to have their loved ones be a member of our City work force and wish both of them good luck and God speed moving forward in their next fun adventures in life something I hope one day I will be able to partake in which is retirement. I know that I believe all three of these homes have their lights taken down. I hope everybody was able to see the social media posts. Best use of lights obviously 470 Fletcher Street, that house was absolutely phenomenal. The most Holiday spirit went to 201 Franklin Street and the Mayors award went to 164 DeKalb Street. The thing I noticed driving around this year, I don’t know if it was because of the Pandemic, but there was a lot of Christmas spirit. We might not have had as many entries as we have in years past, but it was nice to drive around and see so many residents get into the Holiday spirit. My hats off to everybody that, even if it was a simple a light across your front gutter, everybody that displayed their Holiday spirit in an otherwise depressing year, many thanks to them. I also want to thank the Council for passing the Domestic Partnership Registry. A few months ago I had a few residences approach me, their significant other that they weren’t married to; they were going to lose health insurance at the end of the year. Without a Domestic Partnership Registry either in the state, the county, or the city. In this day and age, 2020 and especially during a Pandemic no body should be losing their health insurance. We will work on trying to get county wide and state wide. In the short term, this is a quick fix for these residents and their loved ones to be able to keep health insurance. Again, I want to thank the Council for adopting it, I want to thank our legal department for reviewing everything and putting it together. Last but certainly not least, hate to be a downer. I know there is a vaccine, vaccines coming maybe not as quickly as we wanted. It’s a sobering statistic that I read today. There is a death in America every 33 seconds from COVID. I know we have seen our city work force a few members test positive, please don’t let your guard down. I know the Holidays are over; I know we are all sick and tired of social distancing and not seeing loved ones and things like that. If we hang on just a little longer, there is a light at the end of the tunnel. Hang in there everyone, here’s to hoping for a better ending in 2021, than the beginning. Thank you Madam President.

Council President Koch - Here, Here, thank you Mayor. Happy New Year, everybody. I wanted to give a shoot out to Council Member Rautenstrauch who recently celebrated a birthday a couple days before Christmas. Happy belated birthday from all of us, I know the Mayor is giving his age virtually, but I am not. Happy Birthday. I to want to welcome Sydney Bucholtz to our community. We had a great conversation last week, I look forward to more conversations with her and I look forward to additional coverage in the City, but what welcome Sydney she is joining us via Zoom. I think we will be seeing a lot more of her on our meetings. I want to give congratulations to now Council President Bob Pecoraro, who was appointed Council President in North Tonawanda. I want to thank Eric for all his service to North Tonawanda. We look forward to working with Council President Pecoraro in North Tonawanda. One of the challenges with the virtual meetings is we can’t have our department heads or our City employees that are retiring come to our Council meetings and be presented with certification and the proclamations. We give them our thanks in person; I know there will be a ceremony or a swearing in for the police out going Tim Stuart, Lieutenant Stuart so with that said I know the Mayor will presenting the certifications on our behalf to the city employees. Lieutenant Stuart is a tremendous asset to our community. When I started going door to door, you always hear about the top notch services we have in our community. We recognize that first hand. Lieutenant Stuart has often been the community policeman. He always goes above and beyond for any resident in need. His retirement is so deserving, I’m so proud of him we are so thankful for him. I wish him and his family all the best. We are sad to see him leave our force; he is not going to be far away from us. He bleeds Warrior blood. I know he won’t be going too far. Thank you Lieutenant Stuart for all you do each and every day we wish you and your family all the best in your retirement. I have been fortunate to know the Bartolomeo family for quite sometime, in fact John and my dad go way back. John played Little League and my dad was the coach. Funny story, my dad and his best friend Dave Burg who he coached with would get together and they would strategize and game plan. Its Little League so, you scope out the opponent, they would strategize and John Bartolomeo’s mother would call my dad and Dave Burg over and she would feed them dinner. This got into a routine, my dad and I call him Uncle Dave would strategize and go over game plans and sure enough John’s mother would call him over they would be at the kitchen table. John Bartolomeo’s mom would be feeding them dinner and starting to get to a routine habit. Just a funny story to share, he was a great baseball player back in Little League. I wish John all the best in his 34 years; he served 34 years in the City. I wish him and his family all the best in his retirement, certainly well deserved. I want to end on that note kudos to Lieutenant Stuart and Mr. Bartolomeo I wish you all the best. Happy New Year from the Council. Mayor to all of you and I think 2021 will be looking up

ADJOURNMENT

11. By Council President Koch seconded by Councilmember Kammerdeiner

Resolved, that this Common Council adjourn until January 19, 2021.

Ayes: Newman, Kammerdeiner, Rautenstrauch, Mileham, Koch

Nays: None

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City Clerk

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Mayor

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Date Filed

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