2023-03-06 March 6, 2023 Mayor and Council Meeting Minutes - SIGNED - LFCity Council Meeting Minutes - Final
MAYOR AND COUNCIL
Smyrna Community Center
Magnolia Room
200 Village Green Cir
Smyrna, GA 30080
March 06, 2023
7:00 PM
I. CEREMONIAL MATTERS
Derek Norton, Mayor
Tim Gould, Mayor Pro Tern (Ward 6)
Glenn Pickens (Ward 1)
Latonia P. Hines (Ward 2)
Travis Lindley (Ward 3)
Charles "Corkey" Welch (Ward 4)
Susan Wilkinson (Ward 5)
Lewis Wheaton (Ward 7)
City Attorney Scott Cochran
City Administrator Joseph Bennett
City Clerk Heather K. Peacon-Corn
1. Roll Call
Present: 7 — Councilmember Glenn Pickens, Councilmember Latonia P. Hines
(phone), Councilmember Travis Lindley (phone), Councilmember Charles
Welch, Councilmember Susan Wilkinson (virtual), Mayor Pro
Tem/Councilmember Tim Gould, and Councilmember Lewis Wheaton
Also Present: 1 — Scott Cochran
Absent: 1 — Mayor Derek Norton
Staff: 6 — Joe Bennett, Dat Luu, Heather Peacon-Corn, and Eric Randall
2. Call to Order
Mayor Pro Tern Tim Gould called to order the March 6, 2023 Mayor and Council meeting held at
the Smyrna Community Center in the Magnolia Room at 7:02 PM.
3. Invocation and Pledge of Allegiance
A. Pastor Dyke Verkerk, Life Church Assembly of God (4100 King Springs Rd)
4. Agenda Changes
5. Mayoral Report
Mayor Pro Tern Tim Gould announced:
1. The Jonquil Jog will be held on Saturday, April 15, 2023. This year benefits will go toward Support
-- Smyrna and the Campbell High School Education Foundation. The Campbell High School JROTC will
be there to support the efforts.
2. Monday, April 17, 2023, the Smyrna Public Safety Foundation will have a golf outing at Brookstone
Country Club. Look to SmyrnaPSF.org for more information.
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7:00 PM Mayor and Council Meeting Magnolia Room
3. Monday, April 24, 2023, the Campbell High School Education Foundation will have their golf outing
at the Royal and Ancient Fox Creek Golf Club. It will benefit the foundation and the Career and
College Counseling office.
4. Tomorrow morning, March 7, 2023 at 7:30 AM, Dr. David Anderson will be speaking as part of the
Racial Trust Building Initiative at the Smyrna Community Center.
5. Mayor Derek Norton is absent because it is crossover night at the state capitol.
7. Community Development Items
8. Privilege License and Show Cause Hearing
II. DISCUSSION / ACTION ITEMS
Public comment during this portion of the Agenda must be limited to matters on the Agenda for action. If you wish to be
heard, please sign up with the City Clerk, come to the podium when called by the Mayor, state your name and address for
the record and make your remarks. The time allotted for each speaker is as follows: Public Hearing - Five (5) Minutes
9. Formal Business
A. CON2023-006 Approve the contract with Cobb County Board of Elections and
Registration to conduct The City of Smyrna's November 7, 2023 Municipal Election for
the estimated amount of $83,170.90, and any Runoff December 2023 and authorize
the Mayor to sign and execute any associated documents.
Citywide
Joe Bennett, City Administrator, provided the following background:
The City agrees to contract and pay to the County, for the service of its Board of Elections
and Registration, to conduct the Smyrna City General Election on November 5, 2019, all
actual costs incurred in conducting said election. Said costs to include, without limitation,
costs of publication; use of election equipment; costs of printing sample, absentee,
provisional and duplicator ballots; area supervisor's salaries; election night personnel
compensation; absentee voting staff salaries; advance voting space and staff salaries;
costs of training and compensation for poll workers; and election night results reporting.
Where applicable, costs will be computed based on the number of precincts served. The
contract estimate for the municipal election is $83,170.90 this estimate does include
the subsequent runoff amount.
Councilmember Charles Welch made a motion to approve item CON2023-006. the
contract with Cobb County Board of Elections and Registration to conduct The City of
Smyrna's November 7, 2023 Municipal Election for the estimated amount of $83,170.90,
and any Runoff December 2023 and authorize the Mayor to sign and execute any
associated documents; seconded by Councilmember Lewis Wheaton.
The motion to approve carried with the following vote:
Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
B. AGR2023-008 Approval of the contract for Guaranteed Maximum Pricing between the
City of Smyrna and Winter Construction Company (5616 Peachtree Road, Suite 100,
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7:00 PM Mayor and Council Meeting Magnolia Room
Atlanta, Georgia 30341) for the Village Green Park in the amount of $1,448,614 for the
concept as previously discussed with Mayor and Council.
Ward 3 Councilmember - Travis Lindley
Joe Bennett, City Administrator, provided the following background:
This contract will specify the Guaranteed Maximum Pricing (GMP) in the amount of
$1,448,614 for the concept as previously discussed with Mayor and Council for the Village
Green Park. The new park will be situated in the area that is presently vacant adjacent to
Village Green Circle between Atlanta Road and Kings Street, north of the proposed
brewery site. The design includes flexible lawn space, playground, and stage structure as
well as hardscape improvements and gathering areas. The park improvements will
coincide with the green space construction currently being constructed by Winter
Construction Company.
Staff recommends approval of the contract for Guaranteed Maximum Pricing between the
City of Smyrna and Winter Construction Company.
Councilmember Travis Lindley made a motion to approve item AGR2023-008, the
contract for Guaranteed Maximum Pricing between the City of Smyrna and Winter
Construction Company (5616 Peachtree Road, Suite 100, Atlanta, Georgia 30341) for the
Village Green Park in the amount of $1,448,614 for the concept as previously discussed
with Mayor and Council; seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 4 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Wheaton
Nay: 2 — Councilmember Welch, Councilmember Wilkinson
Recuse: 0 — None
C. AGR2023-009 Approval of the proposed agreement with Croy Engineering (200 Cobb
Parkway North, Building 400, Suite 413, Marietta, Ga. 30062) professional services for
Site Exploration and Pre -Design Phase for the Downtown Parking Deck in the amount
of $95,000.00 for the tasks as outlined in the attached proposal and authorize the
Mayor to sign and execute all related documents.
Ward 3 Councilmember - Travis Lindley
Joe Bennett, City Administrator, provided the following background:
The scope of work provided by the Pre -design and RFQ Phase for the Downtown Parking
Deck will be for Croy Engineering and it's subconsultants to provide surveying,
geotechnical, civil engineering, architectural, and landscape architectural services for the
progression of the proposed parking deck design located on the property owned by the
City across Powder Springs Street from the Smyrna Community Center. In addition to the
development of the deck design, the project team will coordinate and draft the RFQ
soliciting Contractor's responses for this proposed CMAR project. Invoicing will be
progressive and will be submitted monthly for work completed to date less previous
payments. This proposal incorporates, as if fully set forth herein, the terms and conditions
of the Professional Services Agreement for Smyrna 2022 SPLOST Program Management
Services dated June 7, 2021, between Croy Engineering, LLC and the City of Smyrna.
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7:00 PM Mayor and Council Meeting Magnolia Room
Mayor Pro Tern Gould explained that this item and the next two items are all SPLOST
projects, and Croy Engineering is the City's project manager. The reason these are on the
agenda is because of the total dollar amount of the projects. These are not new projects;
these are part of the 2022 SPLOST.
Councilmember Lindley stated that there will be a point in the project when options on
what the structure will look like will be presented, and there will be an opportunity for
public comment.
Councilmember Travis Lindley made a motion to approve item AGR2023-009, the
proposed agreement with Croy Engineering (200 Cobb Parkway North, Building 400,
Suite 413, Marietta, Ga. 30062) professional services for Site Exploration and Pre -Design
Phase for the Downtown Parking Deck in the amount of $95,000.00 for the tasks as
outlined in the attached proposal and authorize the Mayor to sign and execute all related
documents; seconded by Councilmember Lewis Wheaton.
The motion to approve carried with the following vote:
Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
D. AGR2023-010 Approval of the proposed agreement with Croy Engineering (200 Cobb
Parkway North, Building 400, Suite 413, Marietta, Ga. 30062) for professional services
for Final Design Phase and Construction Documents for the Downtown Parking Deck
in the amount of $114,500.00 for the tasks as outlined in the attached proposal and
authorize the Mayor to sign and execute all related documents.
Ward 3 Councilmember - Travis Lindley
Joe Bennett, City Administrator, provided the following background:
The scope of work provided by the Design Phase for the Downtown Parking Deck will be
for Croy Engineering and its subconsultants to provide civil engineering, architectural, and
landscape architectural services for the design and construction of a proposed parking
deck located on the property owned by the City across Powder Springs Street from the
Smyrna Community Center. Invoicing will be progressive and will be submitted monthly for
work completed to date less previous payments. This proposal incorporates, as if fully set
forth herein, the terms and conditions of the Professional Services Agreement for Smyrna
2022 SPLOST Program Management Services dated June 7, 2021, between Croy
Engineering, LLC and the City of Smyrna.
Councilmember Travis Lindley made a motion to approve item AGR2023-010, the
proposed agreement with Croy Engineering (200 Cobb Parkway North, Building 400,
Suite 413, Marietta, Ga. 30062) for professional services for Final Design Phase and
Construction Documents for the Downtown Parking Deck in the amount of $114,500.00
for the tasks as outlined in the attached proposal and authorize the Mayor to sign and
execute all related documents; seconded by Councilmember Charles Welch.
The motion to approve carried with the following vote:
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7:00 PM Mayor and Council Meeting Magnolia Room
Aye: 6 — Councilmember Lindley, Councilmember Pickens, Councilmember Hines,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
E. AGR2023-011 Approval of the proposed agreement with Croy Engineering (200 Cobb
Parkway North, Building 400, Suite 413, Marietta, Ga. 30062) for professional services
for Permitting and Construction Administration Phase for the Downtown Parking Deck
in the amount of $29,950.00 for the tasks as outlined in the attached proposal.
Ward 3 Councilmember— Travis Lindley
Joe Bennett, City Administrator, provided the following background:
The scope of work will be for Croy Engineering and it's subconsultants to provide
Permitting and Construction Phase support services for the design and construction of a
proposed parking deck located on the property owned by the City across Powder Springs
Street from the Smyrna Community Center. Invoicing will be progressive and will be
submitted monthly for work completed to date less previous payments. This proposal
incorporates, as if fully set forth herein, the terms and conditions of the Professional
Services Agreement for Smyrna 2022 SPLOST Program Management Services dated
June 7, 2021, between Croy Engineering, LLC and the City of Smyrna.
Councilmember Travis Lindley made a motion to approve item AGR2023-011, the
proposed agreement with Croy Engineering (200 Cobb Parkway North, Building 400,
Suite 413, Marietta, Ga. 30062) for professional services for Permitting and Construction
Administration Phase for the Downtown Parking Deck in the amount of $29,950.00 for the
tasks as outlined in the attached proposal; seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
F. RES2023-006 PUBLIC HEARING: A public hearing to adopt Resolution RES2023-006
authorizing the use of a Red -Light Running Photo Enforcement System at the
Intersection of SR 280/South Cobb Drive and Cumberland Parkway/East West
Connector and authorize the Mayor to sign and execute all related documents.
Ward 6 Mayor Pro Tem / Councilmember - Tim Gould
Joe Bennett, City Administrator, provided the following background:
In July of 2019. the Georgia legislature passed GA Code 40-14-21 titled "Traffic Control
Signal Monitoring Devices" with recorded images; civil monetary penalty; vehicle
registration and transfer of title restrictions for failure to pay penalty. This law provides
municipalities the ability to use monitoring devices for red light enforcement by utilizing
cameras in an attempt to increase life-saving safety value by the use of such a device at a
designated intersection. The intent is to create changes in driving behavior at intersections
with high incidents of traffic accidents and potential hazards due to repeated violations.
From intelligence data collected at strategic intersections, first hand accounts, and
complaints from our community, it has been a long standing concern our largest traffic
intersections need increased enforcement.
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Our citizens for years have raised concerns about the safety of our motoring public as it
pertains to the hazardous driving behavior of some motorists in busy traffic intersections
regulated by a traffic control signal(s). The City of Smyrna Police Department have both
observed and worked enforcement at these intersections and witnessed countless speed
and traffic light violations which have caused anywhere from minor traffic accidents to
serious injury and fatality crashes. In an effort to bring a greater number of drivers into
compliance with the traffic control signal regulations, and to create a safer driving public, it
became necessary to research technologies that are available to assist law enforcement
in this endeavor. As a result of existing Georgia law (Ga Code 40-14-21) which allows for
the use of traffic control signal monitoring devices, our purchasing and police department
chose VerraMobility to install, service, and maintain traffic signal enforcement cameras in
designated and strategic traffic intersections regulated by traffic control signals. This
company was chosen as part of the "HGACBUY" cooperative purchasing agreement from
which the city of Smyrna is a member.
The anticipated cost for this service is zero as it will be violator funded with revenue
sharing of any collections. PD staff recommend adopting this resolution.
A public hearing was called, and no one came forward in favor of or in opposition to this
item.
Discussion took place regarding the fine ($75.00), the grace period (30 days), and the fact
that a ticket is a civil fine and does not affect driving history. Mr. Bennett also mentioned
that the City is not in favor of charging the administrative fee, so the City is waiving the
administrative fee because these measures are strictly for traffic calming.
Councilmember Lewis Wheaton made a motion to approve item RES2023-006, a public
hearing to adopt Resolution RES2023-006 authorizing the use of a Red -Light Running
Photo Enforcement System at the Intersection of SR 280/South Cobb Drive and
Cumberland Parkway/East West Connector and authorize the Mayor to sign and execute
all related documents; seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
G. RES2023-007 PUBLIC HEARING: A public hearing to adopt Resolution RES2023-007
authorizing the use of a Red -Light Running Photo Enforcement System at the
Intersection of Spring Road and Cumberland Boulevard and authorize the Mayor to
sign and execute all related documents.
Ward 1 Councilmember - Glenn Pickens
Councilmember Glenn Pickens made a motion to approve item RES2023-007, a public
hearing to adopt Resolution RES2023-007 authorizing the use of a Red -Light Running
Photo Enforcement System at the Intersection of Spring Road and Cumberland Boulevard
and authorize the Mayor to sign and execute all related documents; seconded by
Councilmember Latonia P. Hines.
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The motion to approve carried with the following vote:
Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
H. RFP23-015 Approval to award RFP 23-015 TV Video, Clean and CIPP Spot Repair the
Sanitary Sewer System to Continental Pipe Services (850 W. Atlanta Road, Marietta,
GA, 30060) in the amount of $250,000.00 to be funded out of Water Distribution CIP.
Citywide
Councilmember Charles Welch made a motion to approve item RFP23-015 to award RFP
23-015 TV Video, Clean and CIPP Spot Repair the Sanitary Sewer System to Continental
Pipe Services (850 W. Atlanta Road, Marietta, GA, 30060) in the amount of $250,000.00
to be funded out of Water Distribution CIP; seconded by Councilmember Glenn Pickens.
The motion to approve carried with the following vote:
Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
AGR2023-012 Authorization to purchase a 2023 Ford F-250 Chassis with Knapheide
8-foot service body from Cherokee Truck Equipment in the amount of $75,937.00 from
Wade Ford (3860 South Cobb Drive, Smyrna, GA 30080) priced using City of Atlanta
contract # 10590-WS and increase this budget in the Vehicle Replacement Fund by
$30,937.00 to cover this expenditure and authorize the Mayor to sign and execute all
related documents.
Citywide
Joe Bennett, City Administrator, provided the following background:
This vehicle was scheduled for replacement in the 2023 adopted budget in the Vehicle
Replacement Fund. Initial estimates were procurement of this truck for $45,000. Based on
current market conditions, that price has now increased to $75,937.00. An amendment to
the budget is required for this vehicle in the VRF to accommodate the increase in price.
This truck is used by the Maintenance and Shop division of Public Works.
Councilmember Charles Welch made a motion to approve item AGR2023-012, to
purchase a 2023 Ford F-250 Chassis with Knapheide 8-foot service body from Cherokee
Truck Equipment in the amount of $75,937.00 from Wade Ford (3860 South Cobb Drive,
Smyrna, GA 30080) priced using City of Atlanta contract # 10590-WS and increase this
budget in the Vehicle Replacement Fund by $30,937.00 to cover this expenditure and
authorize the Mayor to sign and execute all related documents; seconded by
Councilmember Susan Wilkinson.
The motion to approve carried with the following vote:
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March 06, 2023 City of Smyrna Smyrna Community Center
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Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
10. Consent Agenda
Councilmember Lewis Wheaton made a motion to approve the Consent Agenda;
seconded by Councilmember Travis Lindley.
The motion to approve carried with the following vote:
Aye: 6 — Councilmember Pickens, Councilmember Hines, Councilmember Lindley,
Councilmember Welch, Councilmember Wilkinson, Councilmember Wheaton
Nay: 0 — None
Recuse: 0 — None
A. MIN2023-016 Approval of the February 16, 2023 Committee of the Whole Meeting
Minutes.
Citywide
This item was approved on the Consent Agenda.
B. MIN2023-017 Approval of the February 20, 2023 Pre -Council Meeting Minutes
Citywide
This item was approved on the Consent Agenda.
C. MIN2023-018 Approval of the February 20, 2023 Mayor and Council Meeting Minutes.
Citywide
This item was approved on the Consent Agenda.
D. BCA2023-002 Approval of the re -appointment of Ward 5 resident, Maggie McGarity, to
the Keep Smyrna Beautiful Board for a two-year term through 12/31/24.
Ward 5 Councilmember - Susan Wilkinson
This item was approved on the Consent Agenda.
E. AGR2023-006 Approval of Amendment No. 5 to the Community Development Block
Grant (CDBG) PY21 Subrecipient Agreement No: CD21-C21 SA -A and CD21-C21 SA-F
to extend the termination date for the agreement to July 31, 2023 and authorize the
Mayor to sign and execute all related documents.
Citywide
This item was approved on the Consent Agenda.
F. AGR2023-007 Approval of Amendment No. 2 to the Community Development Block
Grant (CDBG) PY22 Subrecipient Agreement No: CD22-C22SA-A and CD22-C22SA-F
to extend the termination date for the agreement to July 31, 2023 and authorize the
Mayor to sign and execute all related documents.
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March 06, 2023 City of Smyrna Smyrna Community Center
7:00 PM Mayor and Council Meeting Magnolia Room
Citywide
This item was approved on the Consent Agenda.
G. CON2023-005 Approval to amend contract with Rebuilding Together Atlanta, Inc.
(3060 Peachtree Road NW, Suite 1810 Atlanta, GA 30305) for administration of City's
CDBG Home Repair Grant to extend the contract termination date to May 31, 2023
and authorize the Mayor to sign and execute all related documents.
Citywide
This item was approved on the Consent Agenda.
11. Ward and Staff Reports
Councilmember Latonia P. Hines stated that she had her first town hall on February 28. t as well
attended, and she thanked staff for their help. She mentioned that there will be a joint town hall in
April.
Councilmember Susan Wilkinson thanked Smyrna and Cobb County staff for the Smyrna Grove
meeting recently held. The citizens there appreciated it.
Councilmember Lewis Wheaton thanked the community and staff for the really outstanding Black
History Month event. He is looking forward to next year's. This past Thursday Me was able to join
the reception at Nicjkajack Elementary School where they exceeded their campaign goals and
raised over six figures. Dr. Wheaton also mentioned that this Saturday, Campbell Middle School
with hold their Spartan Fun Run from 8 — 11 AM.
Councilmember Charles Welch announced he will be hosting a public meeting in the Magnolia
Room at 6:30 on Thursday, March, 9, 2023 to discuss a rezoning in ward 4, and then there will be
time for open discussion. Mr. Welch also mentioned that on March 18, 2023, KSB will be hosting
their shredding event at the Wolfe Center.
CITIZEN PARTICIPATION
12. Public Comment
Alex Backry — 3459 Shawnee Trail — expressed that he would like a referendum on the ballot in
November for term limits. He also stated that the Reed House will not be able to be rented out to
cover the amount it cost to purchase and renovate it
Jenny Bartee — 4094 Laurel Springs Way — suggested to the Council to consider electric bikes to
encourage exercise. Smyrna has lots of sidewalks and trails to encourage walking as well, but she
stated that traffic needs to slow down, especially on specific corridors. Ms. Bartee also asked about
new bus stops. She would like to see bus stops with seats and an awning at a minimum. She stated
sustainability will be a big factor in this election year.
Joe Bennett, City Administrator, explained that no bus stops were being added; only bus shelters
were being repaired or replaced.
13. Adjournment
Mayor Pro Tern Tim Gould adjourned the March 6, 2023 Mayor and Council meeting at 7:46 PM.
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March 06, 2023 City of Smyrna Smyrna Community Center
7:00 PM Mayor and Council Meeting Magnolia Room
Facilities are provided throughout City Hall for convenience of persons with disabilities.
THIS MEETING WAS PROPERLY NOTICED AND POSTED AT THE FOLLOWING LOCATIONS IN ACCORDANCE WITH THE NOTICING
STANDARDS AS OUTLINED IN O.C.G.A. 50-14-3:
The City of Smyrna website — www.smyrnaga.gov
City Hall, 2800 King Street SE, Notice Boards
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MAYOR AND COUNCIL MEETING
DEREK NORTON
MAYOR
LAT IA P. HINES, VARD 2
CHARLES A.WELCH, WARD 4
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TIM GOULD, WAD 6
MAYOR PRO TEM
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HEATHER K. PEACON-COV,-'
CITY CLERK
GLE PICKENS, WARD 1
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TRAVIS LINDLEY, WARD 3
SUSAN WILKINSON, WARD 5
LEWIS WHEATON, WARD 7 '�>
CITY SEAL
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