06-28-2005 Minutes
MINUTES OF THE CITY OF OCOEE
CODE ENFORCEMENT BOARD MEETING
JUNE 28, 2005
CALL TO ORDER
Vice-Chairman Godek called the regular meeting of the Ocoee Code Enforcement
Board to order at 7:02 p.m. in the Commission Chambers at City Hall. Vice-
Chairman Godek led the Pledge of Allegiance to the Flag and Member Donenfeld
led the Invocation. The roll was called and a quorum was declared present.
PRESENT: Vice-Chairman Godek, Members Chancey, Donenfeld, Henderson,
Hopper, and Stanley. Also present were Code Enforcement Officers
Braddy-Bagwell, Loeffler, Rodriguez, and Siegrist, Permitting Clerk
Ramos, Attorney Sneed, and Deputy City Clerk Brasher.
ABSENT: Alternate Member Lenko
NOMINATIONS & ELECTIONS OF CHAIRMAN & VICE-CHAIRMAN
Member Donenfeld, seconded by Member Henderson, moved to nominate Vice-
Chairman Godek to Chairman of the Code Enforcement Board. Motion carried 6-0.
Member Hopper, seconded by Member Donenfeld, moved to nominate Member
Chancey as Vice-Chairman of the Code Enforcement Board. Motion carried 6-0.
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED ROUTINE BY THE CODE ENFORCEMENT
BOARD AND WILL BE ACTED UPON BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, IN WHICH CASE THE CHAIRMAN WILL INSTRUCT
THE BOARD CLERK TO REMOVE THE ITEM FROM THE CONSENT AGENDA AND SUCH ITEM WILL BE CONSIDERED
SEPARATELY.
The Consent Agenda consisted of approval of Item A.
A. Minutes of the Code Enforcement Board Regular Meeting held on Tuesday,
May 24, 2005.
Member Henderson, seconded by Member Donenfeld, moved to approve the
Consent Agenda as presented. Motion carried 6-0.
Code Enforcement Board Minutes
June 28, 2005
COMMENTS FROM CITIZENS
None
HEARINGS OF STATEMENTS OF VIOLATIONS
PURSUANT TO THE HEARING RULES ADOPTED BY THIS BOARD ON JUNE 27, 1995, VARIOUS DOCUMENTS ARE USED
BY THE CODE ENFORCEMENT OFFICERS IN EACH CASE AND ARE REPORTED IN THE CASE TESTIMONY GIVEN BY
THE CODE ENFORCEMENT OFFICER. IN THESE MINUTES THE TITLES TO THOSE DOCUMENTS WILL BE
ABBREVIATED AS FOLLOWS:
ACFD - AFFIDAVIT OF COMPLIANCE FOR DEMOLITION, AOC - AFFIDAVIT OF COMPLIANCE, AONC - AFFIDAVIT OF
NON-COMPLIANCE, ATF-APPLICATION TO FORECLOSE, CO - COMPLIANCE ORDER, CMFD – COMMISSION MEETING
FOR DETERMINATION, CS – CONTINUED STAY, CTR - COPY TO RESPONDENT, ECO – EXTENDED COMPLIANCE
ORDER, EX-EXHIBITS, FS- FEES STAYED, NOCV - NOTICE OF CODE VIOLATION, NOH - NOTICE OF HEARING, NS-No
Service, OAF - ORDER AUTHORIZING FORECLOSURE, OIF/L- ORDER IMPOSING FINE/LIEN, ONC - ORDER OF NON-
COMPLIANCE, OOC - ORDER OF CONTINUANCE, , ORF – ORDER REDUCING FINE, PDFS - PER DAY FINE SUSPENDED,
POS - PROOF OF SERVICE, RFR - REQUEST FOR REHEARING, RFRDUC-REQUEST FOR REDUCTION DENIED UNTIL
COMPLIANCE, ROF- REDUCTION OF FINE, SFH – SUBPOENA FOR HEARING, SOV - STATEMENT OF VIOLATION (S) and
WD – WITHDREW.
Permitting Clerk Ramos administered the oath to Code Enforcement Officers
Braddy-Bagwell, Loeffler, Rodriguez, and Siegrist, and anyone intending to speak
regarding a case.
Vice-Chairman Chancey, seconded by Member Donenfeld, moved to hear Case
Nos. 05-041, 05-045, 05-050, 05-053, 04-041, 05-021, and 05-030 as the next items
on the agenda. Motion carried 6-0.
HEARINGS ON STATEMENT OF VIOLATIONS PURSUANT TO NOTICES OF
HEARINGS
Case No. 05-041– Anthony F. Cristelli
2011 Lady Avenue Officer
Siegrist
Violation Cited: 51-13
15-05-05 NOCV Re-Inspection Date: 05-17-05
05-17-05 SOV
05-17-05 NOH Meeting Date: 05-24-05
05-17-05 POS Certified Mail
05-24-05 NS
05-25-05 NOCV
05-25-05 SOV
05-25-05 NOH Meeting Date: 06-28-05
05-26-05 POS Certified Mail
05-26-05 POS Regular Mail
06-13-05 POS Hand Delivery
Observation: New shed in backyard without a permit.
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Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of
the Case, and stated the property was in non-compliance.
Anthony Cristelli, having been sworn, stated he replaced his old shed because it
was damaged during the hurricanes and he did not know he needed a permit. He
asked for a continuance because his contractor is on vacation.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-041
Member Hopper asked the Respondent how long he would need to bring his
property into compliance. Mr. Cristelli said three (3) weeks.
Member Donenfeld, seconded by Member Henderson, moved to continue Case
No. 05-041 until the July 26, 2005, Code Enforcement Board Meeting. Motion
carried 5-1 with Vice-Chairman Chancey voting no.
Case No. 05-045– James A. Cardwell
428 Little Spring Hill Drive Officer
Rodriguez
Violation Cited: 51-13
05-23-05 NOCV Re-Inspection Date: 06-06-05
06-09-05 SOV
06-09-05 NOH Meeting Date: 06-28-05
06-09-05 POS Certified Mail
Observation: Fence without required permit, plans, approval, and inspections.
Officer Rodriguez, having been sworn, presented exhibits, gave a detailed history
of the Case, and stated the Case was in non-compliance.
James Cardwell said his fence blew down during the hurricanes and he replaced it
with new fence. After he replaced his fence, he was told he needed a permit and in
order to get a permit he needs to obtain a survey.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-045
Vice-Chairman Chancey, seconded by Member Donenfeld, moved in Case No.
05-045 to find the Respondent in violation of Section 51-13 as of June 2, 2005, but to
give until July 26, 2005, to comply, or impose fine of $25 per day. Motion carried 6-0.
Case No. 05-050 – Bank Investments, LLC
c/o: Stephanie Jeckovich & Groundtek of Central Florida, Inc.
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860 Maguire Road Officer Siegrist
Violation Cited: LDC 5-1 (1)(a)
05-18-05 NOCV Re-Inspection Date: 06-08-05
06-10-05 SOV
06-10-05 NOH Meeting Date: 06-28-05
06-10-05 POS Certified Mail
06-13-05 POS Hand Delivery
Observation: The property in violation is 860 Maguire Road, also identified as 862 Maguire Road,
further identified as Parcel ID. 19-22-29-0000-00-055. This property is zoned I-2, with permitted use
of motor vehicles wholesale ONLY. “Mr. Repo” is operating a business within corporate City limits
without a current City Occupational License. Also, business is selling retail in zoning for wholesale
only.
Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of
the Case, and stated the property was in non-compliance.
Jerry Bridwell, having been sworn, stated he is representing Bank Investments, Inc.
Mr. Bridwell asked for a continuance until August 31, 2005, because the business
would be moving to another location on that date.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-050
Vice-Chairman Chancey, seconded by Member Stanley, moved in Case No. 05-
050 to find the Respondents in violation of LDC 5-1 (1) (a) as of May 30, 2005, but to
give until September 1, 2005, to comply, or impose fine of $150 per day. Motion
carried 6-0.
Case No. 05-053–Michael E. Ryan & Sharon L. Ryan
1501 Adriatic Drive Officer Rodriguez
Violated Cited: 51-13
05-18-05 NOCV Re-Inspection Date: 06-06-05
06-10-05 SOV
06-10-05 NOH Meeting Date: 06-28-05
06-10-05 POS Certified Mail
Observation: Construction without required permits, plans, approval, and inspections.
Officer Rodriguez, having been sworn, presented exhibits, and stated the property
was in non-compliance.
Jason Ryan, representative for Case No. 05-053, having been sworn, stated his
parents have been out of state and they are waiting for the City to issue a permit.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-053
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Member Donenfeld, seconded by Member Henderson, moved in Case No. 05-053
to find the Respondents in violation of Section 51-13 as of June 1, 2005, but to give
until July 27, 2005, to comply, or impose fine of $25 per day. Motion carried 6-0.
Vice-Chairman Chancey, seconded by Member Donenfeld, moved to hear Case
No. 04-041 for reduction of fine. Motion carried 6-0.
Case No. 04-041- Aurelio Gonzalez
501 Wurst Road Officer Siegrist
Violation Cited: 51-13
07-22-04 NOCV Re-Inspection Date: 08-09-04
09-14-04 SOV
09-14-04 NOH Meeting Date: 09-28-04
09-16-04 POS Certified Mail
09-28-04 CO Given until 10-19-04 or pay $100 per day
10-20-04 AONC
10-26-04 OIF As of 10-20-04
11-10-04 AOC Total Due $2,100.00
11-12-04 RFR/ROF Denied, need to complete construction
05-17-05 RFR/ROF
Observation: Block walls for garage in backyard without permit.
Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of
the Case and stated the property was in compliance.
Attorney Sneed swore Building Clerk Ramos in to interpret for Aurelio Gonzalez.
Respondent Aurelio Gonzalez, having been sworn, stated he had problems with the
contractor and the construction took longer than planned due to the hurricanes but
he is in compliance.
QUESTIONS AND COMMENTS REGARDING CASE NO. 04-041
Officer Siegrist said the City incurred $150 in costs in Case No. 04-041.
Member Henderson, seconded by Member Stanley, moved in Case No. 04-041 to
reduce the fine to $150 if paid by July 26, 2005, or the fine reverts back to the original
fine. Motion carried 6-0.
Case No. 05-021– Elizabeth Hager TR and Marion Davis TR
137 S. Cumberland Avenue Officer
Siegrist
Violation Cited: 115-3
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10-28-04 NOCV Re-Inspection Date: 02-15-05
02-15-05 SOV
02-15-05 NOH Meeting Date: 02-22-05
02-15-05 POS Certified Mail
02-22-05 OOC
02-24-05 SOV
02-24-05 NOH Meeting Date: 03-22-05
02-25-05 POS Certified Mail
03-22-05 OOC
03-22-05 NOH Meeting Date: 04-26-05
04-06-05 POS Certified Mail
03-22-05 SFH James Cook – 15 S. Cumberland Avenue
04-26-05 OOC
04-26-06 NOH Meeting Date: 05-24-05
POS Certified Mail
04-26-05 SFH James Cook - 15 S. Cumberland Avenue
05-24-05 CO Given until 06-27-05 or pay $100 per day
Observation: Two (2) dead trees and four (4) damaged trees on property. Potential danger to near
by homes and roadway. Trees on property are indicated and marked, this work requires obtaining a
permit in advance of tree removal.
Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of
the Case and stated the property was in non-compliance.
James Fleming, having been sworn, stated he is representing his aunt and mother.
He presented exhibits and requested an extension to remove the tree debris.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-021
Member Henderson, seconded by Member Donenfeld, moved to extend the
compliance date in Case No. 05-021 until the August 23, 2005, Code Enforcement
Meeting. Motion carried 6-0.
Case No. 05-030 – Outdoor Holding III LLC, Hodgskin Outdoor Living, Inc.,
Hodgskin Outdoor Products, Inc. (Owner/Registered Agent: Lori A. Hodgskin)
432 Ocoee-Apopka Road Officer
Loeffler
Violation Cited: LDC 1-6 A, B; & 4-1; & 4-3; 51-13
03-09-05 NOCV Re-Inspection Date: 04-11-05
04-11-05 SOV
04-11-05 NOH Meeting Date: 04-26-05
04-13-05 POS Hand Delivery
04-26-05 OOC
04-27-05 NOH Meeting Date: 06-28-05
05-05-05 POS Certified Mail
Observation: Construction without required site-plans, review, approval or permitting. Three (3)
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storage structures. Banner type signs located on property.
Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of
the Case, and stated the property was in non-compliance.
Dan Langley, representative for respondents in Case No. 05-030, presented
exhibits. Mr. Hodgskin, having been sworn, stated he and Mr. Kibry (his engineer)
have met with the Planning Department. At this meeting, the City informed Mr.
Hodgskin that they needed a water main right-of-way easement and Mr. Hodgskin
had no problem giving the water main right-of-way easement to the City. He further
stated Engineer Wheeler informed him that the City also needs 25 feet of right-of-
way on his south property line and ten feet of utility easement on his north property
line in exchange for him giving up the retention pond and this is the delay for the
approved Site Plan.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-030
Member Henderson, seconded by Member Stanley, moved to continue the Case
No. 05-030 until the August 23, 2005, Code Enforcement Board Meeting. Motion
carried 5-1 with Member Hopper voting no.
Recess: 8:37 p.m. – 8:47p.m.
Case No. 05-037 – James N. Gearheart
Officer Loeffler, having been sworn, stated Case No. 05-037 was in compliance.
Case No. 05-034 – Stephanie & Mark Strawder, Whisper Winds Landscape, Inc.
Officer Siegrist, having been sworn, stated Case No. 05-034 has been withdrawn
without prejudice.
Case No. 05-043– Edward Jason Rawa
418 Tranquille Oaks Drive Officer Braddy-
Bagwell
Violation Cited: 165.3
06-07-05 NOCV Re-Inspection Date: 06-07-05
06-07-05 SOV
06-07-05 NOH Meeting Date: 06-28-05
06-07-05 POS Certified Mail
06-09-05 POS Hand Delivery
Observation: Two white trucks, one multi-colored car grey primer, one green truck, one maroon
vehicle and one red, without tags and grass overgrown around vehicles.
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Officer Braddy-Bagwell, having been sworn, presented exhibits, gave a detailed
history of the Case, stated the respondent is a repeat violator, and in non-
compliance. The previous Cases are: 99-072, 01-046, 02-067, and 03-002728.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-043
Vice-Chairman Chancey asked if the Respondent has paid any of the previous
imposed fines. Officer Braddy-Bagwell stated the respondent has paid
approximately one (1) dollar on each fine imposed.
Vice-Chairman Chancey, seconded by Member Stanley, moved in Case No. 05-
043 to find the Respondent in violation of Section 165.3 as a repeat violator, as of
June 7, 2005, and to impose a $500 a day fine to begin June 7, 2005. Motion carried
6-0.
Case No. 05-046 – Rogelio Solorio & Valentina Santos
468 New Meadows Court Officer
Loeffler
Violation Cited: 165-3 A
05-26-05 NOCV Re-Inspection Date: 06-13-05
06-13-05 SOV
06-13-05 NOH Meeting Date: 06-28-05
Observation: E-Better Place RSVP complaint received 5-24-05; In-operable or un-tagged/registered
vehicle on property; blue van.
Officer Loeffler, having been sworn, stated there has been no proof of service and
asked that Case No. 05-046 be continued.
Case No. 05-044 – John A. Jacobsen
Officer Rodriguez, having been sworn, stated the property was in compliance.
Case No. 05-047– Jacqueline & David Herring
713 Russell Drive Officer
Loeffler
Violation Cited: LDC 6-4 H (5)(b); 108-24 D; 115-5; 165-3 A
05-11-05 NOCV Re-Inspection Date: 06-08-05
06-13-05 SOV
06-13-05 NOH Meeting Date: 06-28-05
06-14-05 POS Hand Delivery
Observation: Citizen generated complaint: Three (3) junk/inoperable or untagged/exp tag vehicles;
(white-4door sedan, Ford Bronco & Dodge tuck). Misc. junk & debris; equipment, tolls, parts, scrap
trash, old lawn equipment & building material/stacked blocks, etc… littering property; front, rear & side
yards. Three (3) trailers on property; One (1) cargo, two (2) boat type (only one (1) trailer permitted
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by Code). Tall weeds & grass. Un-permitted tent type structure in front yard.
Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of
the Case, and stated the property was in compliance.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-047
Vice-Chairman Chancey, seconded by Member Hopper, moved in Case No. 05-
047 to find the Respondents in violation of Section LDC 6-4 H (5)(b); 108-24 D; 115-
5; 165-3 A as of May 28, 2005, but in compliance as of June 27, 2005, and no fine
imposed. Motion carried 6-0.
Case No. 05-048– John Mackey
2000 Nancy Ann Terrace Officer
Loeffler
Violation Cited: LDC 6-4 h (5)(b)
05-12-05 NOCV Re-Inspection Date: 06-08-05
06-13-05 SOV
06-13-05 NOH Meeting Date: 06-28-05
06-15-05 POS Hand Delivery
Observation: Citizen generated complaint: Multiple trailers on property (one stored correctly) &
trailers stored in front of building line. (Code provides for one trailer only, which must be stored
behind the front building line: rear or side yards).
Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of
the Case, and stated the property was in compliance.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-048
Member Donenfeld, seconded by Member Hopper, moved in Case No.05-048 to
find the Respondents in violation of Section LDC 6-4 H (5)(b) as of May 28, 2005, but
in compliance as of June 28, 2005, and no fine imposed. Motion carried 6-0.
Case No. 05-049– Jonathan D. & Erin M. Gemmen
1120 Hawthorn Cove Drive Officer
Loeffler
Violation Cited: 108-24 D; 115-5
05-11-05 NOCV Re-Inspection Date: 06-08-05
06-13-05 SOV
06-13-05 NOH Meeting Date: 06-28-05
06-20-05 POS Hand Delivery
Observation: Misc. junk, trash, debris, building material lettering rear yard. Overgrown grass/weeds
in rear yard.
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Officer Loeffler, having been sworn, presented exhibits, gave a detailed history of
the Case, and stated the property was in compliance.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-049
Member Hopper, seconded by Member Henderson, moved in Case No. 05-149 to
find the Respondents in violation of Section 108-24 D and 155-5 as of May 28, 2005,
but in compliance as of June 20, 2005, and no fine imposed. Motion carried 6-0.
Case No. 05-051– Crawford Tire Service, Inc. – c/o: Margaret Crawford &
Crawford Tire Company, Raymond Crawford Jr., Gary A. Crawford, & Dana
Crawford
110 Taylor Street Officer
Siegrist
Violation Cited: 115-3
04-15-05 NOCV Re-Inspection Date: 06-08-05
06-10-05 SOV
06-10-05 NOH Meeting Date: 06-28-05
06-10-05 POS Certified Mail
Observation: Many large piles of tires and wheels, including tire storage in semi-tractor trailer.
Officer Siegrist, having been sworn, presented exhibits, gave a detailed history of
the Case and stated the property was in non-compliance.
QUESTIONS AND COMMENTS REGARDING CASE NO. 05-051
Member Stanley, seconded by Member Donenfeld, moved in Case No. 05-051 to
find the Respondents in Case No. 05-051 in violation of Section 115-3 as of May 16,
2005, but to give until July 15, 2005, to comply or impose fine of $150 per day.
Motion carried 4-2 with Members Henderson and Hopper voting no.
Case No. 05-052–Michael L. Showalter & Rachel L. Showalter
Officer Rodriguez, having been sworn, stated Case No. 05-052 was in compliance.
Case No. 05-054 – Guilliante Similien
Officer Rodriguez, having been sworn, stated that Case No. 05-054 was in
compliance.
Case No. 05-055 – Roberto Rangel & Maria F. Rangel
Officer Rodriguez, having been sworn, stated that Case No. 05-055 was in
compliance.
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Case No. 05-056 – Wendy Ruth Smyth
Officer Rodriguez, having been sworn, stated that Case No. 05-056 was in
compliance.
Case No. 05-014 – Ocoee Blackwood Partners LLC, and A.C. Development
Group, Inc.
Code Enforcement Officer Siegrist, having been sworn, stated that the City has
incurred costs of $250 in Case No. 05-014.
Vice-Chairman Chancey, seconded by Member Stanley, moved in Case No. 05-
014 to impose fine of $250. Motion carried 6-0.
Case No. 05-024 – Denver R. Harper 50% Int. and Dean Harper, Inc. 50% Int.
39 Eagle Key Court Officer Braddy-
Bagwell
Violation Cited: 108-35
02-10-05 NOCV Re-Inspection Date: 03-09-05
03-10-05 SOV
03-10-05 NOH Meeting Date: 03-25-05
03-10-05 POS Certified Mail
03-22-05 WD
04-08-05 SOV
04-08-05 NOH Meeting Date: 04-26-05
04-08-05 POS Certified Mail
05-24-05 CO Given until 05-24-05 or pay $250 per day
05-25-05 AONC
Observation: Dilapidated, uninhabitable dwelling/mobile home. All windows and doors are either
broken or missing, leaving the trailer continuously accessible to the public. There is roof damage,
interior floors are damaged, and rotted. The interior walls and interior doors have been destroyed.
Interior and exterior electrical service is water damaged, exposed to the elements. A noxious odor
coming from the inside of the mobile home unduly annoys the surrounding community. On the lot: is
miscellaneous trash and debris, a half torn down fence and overgrown weeds and grass.
Officer Braddy-Bagwell, having been sworn, presented exhibits, gave a detailed
history of the Case, and stated the property was in non-compliance.
QUESTIONS and COMMENTS REGARDING CASE NO. 05-024
Member Donenfeld, seconded by Member Henderson, moved to impose fine and
lien in Case No. 05-024. Motion carried 6-0.
Case No. 05-028 – Concepcion Farias
Officer Loeffler, having been sworn, stated Case No. 05-028 was in compliance.
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COMMENTS
Attorney Sneed – Said she would not be at the July meeting.
Code Enforcement Officer Braddy-Bagwell – None
Code Enforcement Officer Loeffler – Said Congratulations to the new officers.
Code Enforcement Officer Rodriguez - None
Code Enforcement Officer Siegrist – Said congratulations to Chairman Godek and
Vice-Chairman Chancey.
Permitting Clerk Ramos – None
Member Donenfeld – Wished the Chairman and Vice-Chairman the best of luck and
his son is doing well in Holland.
Vice-Chairman Chancey – Said thanks for the vote of confidence.
Chairman Godek – None
Member Henderson – None
Member Stanley – Said congratulations to the Chairman and Vice-Chairman.
Member Hopper – Said he was glad the air conditioning was fixed.
Deputy Clerk Brasher – Said a rocking chair would be presented to John Linebarier
at the July 19, City Commission Meeting.
ADJOURNMENT
Meeting adjourned at 9:44 p.m.
Attest: APPROVED:
________________________________ _______________________
Brenda Brasher, Deputy City Clerk Robert Godek, Chairman
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