HomeMy WebLinkAboutCCmin2020-03-242
3.
4.
ANNACITYCOUNCIL
MINUTES
REGULAR SESSION
March 243 2020
Call to Order/Roll Call and Establishment of Quorum
Mayor Pike called the meeting to order at 6:30 PM.
All Council Members were present.
Invocation and Pledge of Allegiance.
Citizen Comments.
At this time, any person may address the City Council regarding an item on this
meeting agenda that is not scheduled for public hearing. Also, at this time any
person may address the Council regarding an item that is not on this meeting
agenda. Each person will be allowed up to three (3) minutes to speak. No
discussion or action may be taken at this meeting on items not listed on this
agenda, other than to make statements of specific factual information in
response to a citizen's inquiry or to recite existing policy in response to the
inquiry.
Written comments were received opposing the postponement of the May 2
General and Special Elections.
Kelly Patterson -Herndon
Elden Baker
Bryan Heath
Clark Miller
See Exhibit A.
Council Entered Closed Session.
Receive reports from Staff or the City Council about items of community
interest.
Items of community interest include: expressions of thanks, congratulations, or
condolence; information regarding holiday schedules; an honorary or salutary
recognition of a public official, public employee, or other citizen (but not
including a change in status of a person's public office or public employment); a
reminder about an upcoming event organized or sponsored by the governing
body; information regarding a social, ceremonial, or community event organized
or sponsored by an entity other than the governing body that was attended or is
scheduled to be attended by a member of the governing body or an official or
employee of the municipality; and announcements involving an imminent threat
to the public health and safety of people in the municipality that has arisen after
the posting of the agenda.
a. Staff will provide an update on the Ferguson Parkway project funding.
The Ferguson Parkway project is shown in the City of Anna Thoroughfare Plan and
is listed in the City of Anna Strategic Plan as a major project.
Staff has been working with the North Central Texas Council of Governments and
Collin County to prepare a funding package for final design and construction.
b. Chief Isom will provide a brief update on COVID-19 activities.
5. Consent Items.
These items consist of non -controversial or "housekeeping" items required by
law. Items may be considered individually by any Council member making such
request prior to a motion and vote on the Consent Items.
a. Approve Council Meeting Minutes for March 10, 2020. (City Secretary Carrie
Land)
b. Review CDC/EDC Joint Meeting Minutes from the February 6, 2020 Meeting
(Economic Development Director Joey Grisham)
c. Approve a Resolution accepting the FY2019 audit report (Dana Thornhill)
The City currently is in the first year of a two to five year contract with the
accounting firm Weaver and Tidwell PLLC to prepare the audit and
Comprehensive Annual Financial Report (CAFR).
A RESOLUTION ACCEPTING THE FISCAL YEAR 2019 FINANCIAL
AUDIT OF THE CITY OF ANNA.
d. Approve an Ordinance providing for requirements and verification of
requirements for elective office. (City Secretary Carrie Land)
The City currently does not conduct criminal background checks on
candidates for office of the City Council. Under Section 3.05 of the City of
Anna Home Rule Charter members of the City Council may not have a felony
conviction, a misdemeanor conviction involving moral turpitude, or a conviction
for violation of any state law regulating conflicts of interest of municipal
officers.
By adoption of this ordinance the City Council establishes a City policy and
procedures for conducting criminal background checks on both candidates for
the offices of Mayor and all places on the City Council as well as City boards,
commissions, and committees.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS PROVIDING FOR REQUIREMENTS AND VERIFICATION OF
REQUIREMENTS FOR ELECTIVE OFFICE; PROVIDING A PENALTY
FOR VIOLATION OF THIS ORDINANCE; PROVIDING FOR
SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
MOTION: Council Member Miller moved to approve the Consent Agenda as
presented. Council Member Toten seconded. Motion carried 6-0.
6. Consider/Discuss/Action regarding approval of an ordinance extending the
declaration of disaster and public health emergency. (City Manager Jim
Proce)
On Tuesday, March 17, the Mayor signed a declaration of disaster and public health
emergency in response to the COVID-19 pandemic. The signed declaration was
effective for seven days. At this time, the declaration would need to be extended
should the Council wish to keep it in place.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
EXTENDING COVID-19 DECLARATION OF DISASTER AND PUBLIC
HEALTH EMERGENCY, PROVIDING A PENALTY FOR VIOLATION OF
THIS ORDINANCE; PROVIDING FOR SAVINGS, REPEALING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF,
MOTION: Mayor Pike moved to approve Ordinance subject to Declaration
expiring April 14, 2020. Council Member Vollmer seconded. Motion carried 6-0.
7. Consider/Discuss/Act on an Ordinance postponing the May 2, 2020
General and Special Election to the November 3, 2020 Uniform Election
Date. (City Secretary Carrie Land)
On the 17th day of March, 2020, the Mayor determined that extraordinary and
immediate measures must be taken to respond quickly, prevent and alleviate the
suffering of people exposed to and those infected with the virus, as well as those
that could potentially be infected or impacted by COVI D-19, and issued a
proclamation declaring a disaster for the City of Anna;
Given the manner in which the COVI D-19 novel coronavirus spreads and its high
degree of contagiousness, the activities commonly associated with municipal
elections and political campaigns pose an unnecessary risk to public health and
potential loss of life, and in this time of emergency it is necessary to take swift and
decisive action to save lives, protect the public welfare, and reduce burdens on our
health care system and medical professionals; and
Pursuant to his powers as Governor of the State of Texas, Greg Abbott
has issued
the following: A proclamation suspending Sections 41.0052(a) and (b) of the Texas
Election Code and Section 49.103 of the Texas Water Code to the extent
necessary to allow political subdivisions that would otherwise hold elections on May
27 2020, to move their general and special elections for 2020 only to the next
uniform election date, occurring on November 3, 2020, without otherwise adjusting
the term of office, and suspending Sections 31.093 and 42.0621(c) of the Texas
Election Code to the extent necessary to require all county election officers, if
requested by an affected political subdivision, to enter into a contract to furnish
election services with any political subdivision who postponed their election to
November 3, 2020, under the authority of this proclamation.
Collin County Elections Administrator, Bruce Sherbet, will NOT be offering the
usual contract election services as normally provided by the Elections Department
for May 2, 2020 Election. The County will offer voting equipment for lease and the
City may conduct their own election.
MOTION: Council Member Beazley moved to take no action. Council Member
Miller seconded. Motion carried 6-0.
8. CLOSED SESSION (EXCEPTIONS)
Under Tex. Gov't Code Chapter 551, the City Council may enter into closed
session to discuss any items listed or referenced on this agenda under the
following exceptions:
a. Consult with legal counsel regarding pending or contemplated litigation and/or
on matters in which the duty of the attorney to the governmental body under the
Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas
clearly conflicts with Chapter 551 of the Government Code (Tex. Gov't Code
§551.071). architect contract
b. Discuss or deliberate the purchase, exchange, lease, or value of real property
(Tex. Gov't Code §551.072); city facilities; acquisition of easements
c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or
deliberate regarding commercial or financial information that the City has
received from a business prospect that the City seeks to have locate, stay, or
expand in or near the territory of the City of Anna and with which the City is
conducting economic development negotiations; or (2) To deliberate the offer
of a financial or other incentive to a business prospect described by
subdivision (1). (Tex. Gov't Code §551.087); possible incentive agreements
with property developers; pending negotiations on development agreements.
d. Discuss or deliberate personnel matters (Tex. Gov't Code §551.074); Boards
and Commission Members; Personnel
MOTION: Council Member Vollmer moved to enter closed session. Council
Member Bryan seconded. Motion carried 6-0.
Mayor Pike recessed the meeting at 6:46 PM.
Mayor Pike reconvened the meeting at 8:27 PM.
9. Consider/Discuss/Action on any items listed on the posted agenda or any
closed session occurring during this meeting, as necessary
None.
10. Adjourn.
Mayor Pike adjourned the meeting at 9:19 PM.
ATTEST:
City Secretary Carrie L. Land
rov don e pril 14, 2020.
G�-
EXHIBIT A
Carrie L. Land
From: Clark Miller
Sent: Tuesday, March 24, 2020 4:57 PM
To: Carrie L. Land
Subject: Council Meeting 3-24-20 - Public Comment
Good evening and thanks for allowing me to send this email to be heard at the city council meeting. I wanted to voice
my opinion on the upcoming elections and the item regarding possibly moving the date from from May to
November. As you may know, I am running for re-election to Place 5 of the Anna ISD School Board on the May 2nd
ballot. The school district has not made a decision on whether or not to move the trustee election, but will likely wait to
see what the city decides to do before making a decision. I personally am in favor of the City and ISD holding the date of
May 2nd for several reasons even though the state has allowed us to change the date and Collin County has decided not
to conduct any elections on this day due to the current pandemic. I know that the City of Anna and AISD have the
experience and capability of conducting their own local election as they have done in the past. However, more than
anything, I also want what is best for the health and safety of the citizens of Anna. I would also like to consider, as an
alternative, pushing the election date to coincide with the county run off election in July. With one seat on the city
council ballot having 3 candidates, the chances for a run off are likely and having an election in November would make a
run off very difficult to achieve. From what I understand, the city and ISD have until the day before early voting to move
the election date. Ultimately I would ask to consider postponing any definitive decisions regarding the changing of the
election date until closer to that early voting cut off in order to further evaluate the circumstances around the
pandemic. Quite honestly, with the way things have been going lately, it would be nice to have something normal to
look forward to and if it does change at the last minute nobody would be surprised. I appreciate you hearing (reading)
my comments and appreciate all that you do for our great community.
Respectfully,
Clark Miller
i
WELCOME TO THE ANNA Cl COUNCIL MEETING!
• Those wishing to address the City Council are asked to complete this form. Please present the form
and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular meeting.
Groups wishing to address the same issue are encouraged to select a spokesperson.
• The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate
time. Please approach the speaker's stand, state your name and address for the record, and discuss
the specific agenda item or topic of interest. Please direct your comments only to the Presiding Officer.
Please be courteous and refrain from language or behavior that is disorderly or disruptive to the
conduct of City business.
• Although the City Council cannot take specific action on Neighbors Comments on items not on the
Regular Agenda due to legal requirements, the City Council may:
1. Have the item placed on a future agenda for action;
2. Refer the item to the full City Council or a subcommittee for further study;
3. Refer the item to staff for study or conclusion.
We appreciate your interest in the community and hope you will visit again soon.
Name: Kelly Patterson -Herndon 23 March 2020
Optional, for purpose of the City contacting speaker
Address: City/State/Zip:
Email:
Phone:
NEIGHBORS COMMENTS: This item is available for neighbors to speak on any subject including items
on the agenda that are not Public Hearing items. This item is also available for neighbors to speak on any subject
including items that are not included on the agenda. However, by State law, no action may be taken on a subject
that is not on the agenda. The time limit is three minutes per speaker. Note that the three-minute time limit applies
to each speaker regardless of the number of items/topics the speaker may choose to discuss.
PLEASE PROVIDE THE ITEMS/TOPIC(S) YOU WILL DISCUSS UNDER THE "NEIGHBORS COMMENT"
ITEM:
Item #7 on the agenda. Please see attached
. PUBLIC HEARING Agenda Item #
I wish to speak IN FAVOR of this item.
XX I wish to speak IN OPPOSITION to this item.
I do not wish to speak.
Please record my SUPPORT XX
Additional Comments:
Route Ta
Response By:
City Manager or Designee ;
i
OPPOSITION.
December 20, 2019
Council Speaker Sign -!n Sheet
The Governor's suspension of Section 41.00529 (a) & (b) of the Texas Election code and Section 49.103
of the Texas Water Code that will allow political subdivisions to move May elections to November under
the authority of his proclamation is not a demand for anyone to do so. I could be wrong but the way I
read the Election Code, is as follows:
The Election Advisory No. 2020-12 is merely a repeat of the proclamation. I copied the following from
the Texas Election Code after reading all the submissions in the Council Agenda. While Mr. Sherbet cites
41.001(d) for his refusal to provide contracted services, in section 31.093 the county has a duty to do so.
Furthermore, 41.004 referencing a special election in which one of the seats up for election, 41.001(a)
does not apply. As the city has already set the election date, shouldn't there already be a contract in
place? Can we not hold them to that contract? And if the election date is changed, would section
41.0052 apply? Why or why not?
This decision should not be made in haste and fear. If the CDC and WHO are correct, this pandemic
should subside before the May 2 election date. With all the widespread panic and fear, we need some
sort of normalcy. Please do not let the authorities in Collin County bully this election delay. The cost of
this should be split with AISD as their election is also at the same time. I request re -visiting this in two or
three weeks and re-evaluate.
Sec. 41.001. UNII'ORM ELECTION DATES.
(d) Notwithstanding Section 31.093, a county elections administrator
is not required to enter into a contract to furnish election services
for an election held on the date described by Subsection (a)(2).
Sec. 31.093. DUTY TO CONTRACT. (a) If requested to do so by a
political subdivision, the county elections administrator shall enter
into a contract to furnish the election services requested, in
accordance with a cost schedule agreed on by the contracting parties.
(b) A county elections administrator may but is not required to
enter into a contract to conduct a training program for election
judges and clerks.
(c) On request of the county chair of a political party holding
a primary election in the county, the county election officer shall
contract with the county executive committee of the party to perform
election services, as provided by this subchapter, in the party's
general primary election and runoff primary election in accordance
with a.cost schedule agreed on by the contracting parties.
(d) In a contract required by Subsection (c), the county
election officer may not prevent the county chair or the chair's
designee from supervising the conduct of the primary election,
including the tabulation of results, as required by Chapter 172. A
county election officer who violates this subsection commits an
offense. An offense under this subsection is a Class B misdemeanor.
(e) A county election officer must offer to contract on the
same terms with the county executive committee of each political party
holding a primary election in the county.
Sec. 41.004. SPECIAL ELECTION WITHIN PARTICULAR PERIOD. (a)
If a law outside this code other than the constitution requires a
special election subject to Section 41.001(a) to be held within a
particular period after the occurrence of a certain event, the
election shall be held on an authorized uniform election date
occurring within the period unless no uniform election date within the
period affords enough time to hold the election in the manner required
Dy law. In that case, the election shall be held on the first
authorized uniform election date occurring after the expiration of the
period.
(b) If the constitution requires a special election to be held
within a particular period after the occurrence of a certain event,
Section 41.001(a) does not apply.
Sec. 42.0621. PRECINCTS FOR ELECTIONS HELD ON NOVEMBER UNIFORM
ELECTION DATE. (a) In an election held on the November uniform
election date, the political subdivisions to which Section
42.002(a)(5) applies shall use the regular county election precincts.
(b) If an election precinct is not located wholly within the
territory of a political subdivision holding an election in the
precinct or a district used to elect an office at the election,
election officials shall take reasonable measures to ensure that a
voter voting at that precinct may not vote in an election in which the
voter is not entitled to vote.
(c) This section does not require a political subdivision to
contract with a county under Section 31.092 or hold a joint election
with a county under Chapter 271.
(d) The secretary of state shall prescribe procedures to
implement this section.
Sec. 41.0052. CHANGING GENERAL ELECTION DATE. (a) The
goV erning body of a political subdivision, other than a county or
municipal utility district, that holds its general election for
officers on a date other than the November uniform election date may,
not later than December 31, 2016, change the date on which it holds
its general election for officers to the November uniform election
date.
(b) A governing body changing an election date under this
section shall adjust the terms of office to conform to the new
election date.
(c) A home -rule city may implement the change authorized by
Subsection (a) or provide for the election of all members of the
governing body at the same election through the adoption of a
resolution. The change contained in the resolution supersedes a city
charter provision that requires a different general election date or
that requires the terms of members of the governing body to be
staggered.
(d) The holdover of a member of a governing body of a city in
accordance with Section 17, Article XVI, Texas Constitution, so that a
term of office may be conformed to a new election date chosen under
this section does not constitute a vacancy for purposes of Section
11(b), Article XI, Texas Constitution.
(e) The governing body of a newly incorporated city may, not
later than the second anniversary of the date of incorporation, change
the date on which it holds its general election for officers to
another authorized uniform election date.
WELCOME TO THE ANNA CITY COUNCIL MEETING!
• Those wishing to address the City Council are asked to complete this form. Please present the form and ten (10)
copies of any written notes or handouts to the City Secretary prior to the Regular meeting. Groups wishing to address
the same issue are encouraged to select a spokesperson.
• The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate time. Please
approach the speaker's stand, state your name and address for the record, and discuss the specific agenda item or
topic of interest. Please direct your comments only to the Presiding Officer. Please be courteous and refrain from
language or behavior that is disorderly or disruptive to the conduct of City business.
• Although the City Council cannot take specific action on Neighbors Comments on items not on the Regular Agenda
due to legal requirements, the City Council may:
1. Have the item placed on a future agenda for action;
2. Refer the item to the full City Council or a subcommittee for further study;
3. Refer the item to staff for study or conclusion.
We appreciate your interest in the community and hope you will visit again soon.
Name: Elden Baker Date: Mach 23. 2020
Optional, for purpose of the City contacting speaker
Address: 305 Eastbrook Dr. City/State/Zip: Anna TX 75409
Email: Phone:
NEIGHBORS COMMENTS: This item is available for neighbors to speak on any subject including items on the agenda
that are not Public Hearing items. This item is also available for neighbors to speak on any subject including items that are not
included on the agenda. However, by State law, no action may be taken on a subject that is not on the agenda. The time limit is
three minutes per speaker. Note that the three-minute time limit applies to each speaker regardless of the number of items/topics
the speaker may choose to discuss.
PLEASE PROVIDE THE ITEMS/TOPIC(S) YOU WILL DISCUSS UNDER THE "NEIGHBORS COMMENT" ITEM:
(See Attached)
PUBLIC HEARING Agenda Item # TBD
I wish to speak IN FAVOR of this item.
X I wish to speak IN OPPOSITION to this item. (Attached comment read into the record)
I do not wish to speak.
Please record my SUPPORT OPPOSITION.
Additional Comments:
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Route To:
Response I3y:
City Manager or Designee
December20, 20i9
Council Speaker Sign -In Sheet
Mayor Pike, Council members, City Manager and Staff;
My name is Elden Baker and I live at 305 Eastbrook Drive located in the City of Anna.
On March 18, 2020, Governor Abbott issued a proclamation in which he encouraged local election officials to
postpone their 2020 local elections.
understand the Governor's reasoning for the postponement of the May 2nd elections. However, before we
make a decision whether or not we should postpone our election, there are a number of factors that we need
to consider.
We are now into the second week since the President issued the national emergency. Information is coming
out daily regarding the 2019 novel coronavirus (COVID-19). There will be more information available by the
time of the next scheduled city council meeting on April 7th. Eventually, we WILL get through this pandemic,
restrictions on public meetings will be lifted and, we will be able to get back to business as usual.
We will be in a much better position to make an informed decision based on the latest information and it will
allow time to consider the following.
® What are the additional costs to the City of Anna if we do postpone? What are additional costs if we
do not postpone?
® What is the impact of extending the (and shortening the next) terms of office?
® What additional resources will be required if the election goes on as scheduled?
The COVID4
9 outback is very serious and people are on the edge of panic. Proper measures are being taken
to control the spread of the infection but it is just as important to remember this is a temporary situation.
If within the next few weeks, Federal, State, and local officials are able to lift the restrictions on public
gatherings; holding the election as scheduled on May 2nd (with the early voting period of April 20-28) will go a
long way towards returning our community to a since of normalcy.
I do not have a definite answer as to if we should postpone the election but, I do know that we do not need to
make the decision at this time. There is ample time to see what transpires over the next couple of weeks.
Therefore, I suggest that council tables the decision of postponement at this time.
Thank you;
Elden Baker
WELCOME TO THE ANNA CITY COUNCIL MEETING!
• Those wishing to address the City Council are asked to complete this form. Please present the form
and ten (10) copies of any written notes or handouts to the City Secretary prior to the Regular meeting.
Groups wishing to address the same issue are encouraged to select a spokesperson.
• The Presiding Officer will ask those wishing to address the City Council to do so at the appropriate
time. Please approach the speaker's stand, state your name and address for the record, and discuss
the specific agenda item or topic of interest. Please direct your comments only to the Presiding Officer.
Please be courteous and refrain from language or behavior that is disorderly or disruptive to the
conduct of City business.
• Although the City Council cannot take specific action on Neighbors Comments on items not on the
Regular Agenda due to legal requirements, the City Council may:
1. Have the item placed on a future agenda for action;
2. Refer the item to the full City Council or a subcommittee for further study;
3. Refer the item to staff for study or conclusion.
We appreciate your interest in the community and hope you will visit again soon.
Please
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Name: Bryan Heath Date: March 23, 2020
Optional, for purpose of the City contacting speaker
Address: 9895 East Fork Circle City/State/Zip: Anna TX 75409
Email: I Phone
NEIGHBORS
COMMENTS: This item is available for neighbors to speak on any subject including items on the
agenda that are not Public Hearing items. This item is also available for neighbors to speak on any subject including
items that are not included on the agenda. However, by State law, no action may be taken on a subject that is not
on the agenda. The time limit is three minutes per speaker. Note that the three-minute time limit applies to each
speaker regardless of the number of items/topics the speaker may choose to discuss.
PLEASE PROVIDE THE ITEMS/TOPIC(S)
YOU WILL DISCUSS UNDER THE "NEIGHBORS COMMENT"
ITEM:
1 wish to speak IN FAVOR of this item.
X I wish to speak IN OPPOSITION to this item.
I do not wish to speak.
Please record my SUPPORT X OPPOSITION.
Additional Comments:
First, I would like to thank the Mayor, Council, and the rest of the department chiefs and good people
who make the Anna city government run every day especially during this test of our soc!ety. Your
leadership has given me and the rest of the people of this city much-needed comfort and I appreciate
the steadfast voices of reason you all have been. I speak to you today with the utmost tone of respect
and admiration. No one could possibly imagine the burden that now sits on your shoulders and you all
will forever have the respect of myself and my family for taking on this challenge the way you all have.
For that, we all wish to sincerely thank you for your service to our community.
I believe in a time such as this, it is the governing body's obligation to provide any sense of normalcy to
a concerned and panicked populous when and where they can. With the previous election year turnout
of approximately 300 voters from the early voting period to election day, it would counter the current
recommendations of social distancing to take an occasion in which there would never be more than 10
people in a polling location at one time, or even in the span of an hour, and change it to a date coinciding
with a presidential election which insures there will be a larger number of people gathered at the same
time.
There are measures available that can be put in place to ensure minimal exposure especially to an area
that will have a tiny fraction of the local Walmart's foot traffic for example. Citizens taking a trip to Walmart
are far more likely to result in infection than one single trip to the voting booth because the foot traffic is
incomparable between the two.
At last year's candidate forum, I warned of impending events like this and the fact the city will be faced
with never before seen issues which will require strong leadership that is open to ideas. Now is the
chance to show the people that the city can still operate in times of crisis. A local Anna Election polling
location is one that is sure to be one of the safest places during a pandemic as it is always devoid of
many people, much less crowds of more than ten people that aren't already 6 feet apart.
I understand that keeping crowds to a minimum is a prime directive right now but in the case of Anna's
local elections I do not foresee any kind of large gathering at the polling location. I do not see this to be
an issue where anyone would be put at risk to their health. There are currently many businesses and
services operating within reasonable guidelines in order to adhere to the current recommendations by
the County and State government. I am urging the city to continue with the elections as planned in order
to give us, the people, some sense that things are normal, even if it is a new normal. I believe that there
is just as good of a chance we will not be able to vote in November for the same reasons we are
considering postponing a vote now.
There is an empty spot on the city council and if it remains open for almost a year it may send the
message that spot was never needed to be filled to begin with. Following that logic, the people may start
wondering why we need any council spots at all.
Thank you for your service and leadership in this time, it has been a great comfort to myself and my
family,
Bryan Heath
I%orO�ciaf Use:
Route To: ,
i December 20, 2019
Response By: Council Speaker Sign4n Sheet
City Manager or Designee