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City Council Minutes 2003 03-11-03 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED, CITY OF YORKVILLE. KENDALL COUNTY. ILLINOIS, HELD IN THE CITY, COUNCIL CHAMBERS, 800 GAME FARM ROAD, ON TUESDAY, MARCH 11, 2003., Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Sticka Present Ward II Burd Present Kot Present Ward III Anderson Absent Mums Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Allen, City Administrator Graff (arrived 7:10), City Attorney Kramer, Police Chief Martin, Finance Director Pleckham, Director of Public Works Dhuse, and Executive Director of Parks & Recreation Brown OUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance sheet provided. AMENDMENTS TO THE AGENDA Mayor Prochaska amended the agenda by moving the commendation for Suzanne Jackson from the Mayor's Report to the first presentation. COMMITTEE MEETING DATES Public Works Committee 6:30 P.M., Monday, March 24, 2003 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M., Thursday, March 20, 2003 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 6:30 P.M., Thursday, March 13, 2003 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M., Thursday March 27, 2003 City of Yorkville Conference Room 800 Game Farm Road PRESENTATION Commendation for Suzanne Jackson Mayor Prochaska explained that one of the biggest fears a parent has is being notified that their child has been in an accident and on March 1, 2003 he and several other parents received this call when the school bus carrying their children to a ski trip had been involved in an accident on Route 47. He stated that he arrived at the scene to find the bus across Route 47 and his heart was in his throat even though he was aware that his daughter was fine. He stated that due to the bus driver's calm action and quick thinking, lives were saved. On behalf of the United City of Yorkville, Mayor Prochaska presented bus driver Suzanne Jackson with a Certificate of Commendation in appreciation of her calm and quick emergency actions in a life threatening situation which averted major injury to students and their chaperones and for her years of dedicated service to the students of Yorkville. He also presented her with a floral arrangement. Ms. Jackson thanked everyone for the flowers, cards, and telephone calls she has received since the accident. She also thanked all those who helped at the scene of the accident. The Minutes of the Regular Meetine of the Citv Council - March 11, 2003 - vae-e 2 Mayor Prochaska noted that the driver of the other vehicle involved in the accident was listed in fair condition in the intensive care unit of Lutheran General in Park Ridge, Illinois and remains on a ventilator. He stated that the driver is a young man from the community and he asked that he be kept in everyone's thoughts. He also thanked the Yorkville - Bristol Fire Department and Emergency Medical Service along with those from neighboring communities who helped at the accident site. Bristol- Kendall Fire Protection District Referendum - Fire Chief Michael Hitzemann gave a presentation to the Council regarding the Bristol Kendall Fire Protection District Referendum which is asking for an increase in the tax levy from the f current rate which has been in effect since the middle 1940's. He noted that the area is growing rapidly and even though the new growth is generating tax dollars, the funds are not coming in fast enough to keep up with the area's needs. He asked for the Council's support and noted that there will be an informational open house at the fire station on March 23, 2003 from 2:00 to 4:00 P.M. Alderwoman Burd noted that the passing the referendum indicates support for our firemen and paramedics. She stated that they are people from the community who have served the area for a long time. She stated that they need new equipment and staff to better serve the district and she encouraged the community to support the referendum. Alderman Kot complimented the Fire District on the great job they do and he hoped that the community would be supportive of the referendum. Mayor Prochaska recommended that citizens attend the open house. He added that everyone should remember that the Fire District is "us "; it is compromised of 54 members of the community who are neighbors and friends serving on a volunteer basis. Waubansee College Referendum Greg Dlabach with the Friends of Waubansee gave a presentation regarding the college's referendum. He explained that last November, the college had two questions on the ballot; one for the authorization to issue bonds and the other for an increase in the operations and maintenance (O &M) levy. The first question passed and he thanked everyone for their support because the bonds will fund nine capital projects one of which includes a new extension site on Route 34 west of Route 47. The question on the upcoming ballot is to ask for the O &M levy to be increased by five cents to meet costs. If approved, the increase will have no net effect on the - -- taxpayers because the $.05 will be added to the O &M tax rate and subtracted from the existing tax rate already being paid by taxpayers. The $.05 cannot be shifted between funds without a vote. He asked the Council for support. CITIZEN COMMENTS None. PUBLIC HEARINGS Vacation of McHugh Road Mayor Prochaska entertained a motion to go into public hearing for the discussion of the vacation of a portion of McHugh Road. So moved by Alderman Kot; Seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye Kot -aye, Munns -aye, Spears -aye, Sticka -aye City Attorney Dan Kramer explained that the Illinois Compiled Statutes requires a public hearing whenever a City vacates a street. He stated that the portion of McHugh Road being vacated is owned on either side by developer Richard Marker. In the original annexation agreement there was a provision that Mr. Marker would acquire land and dedicate it to the City to realign McHugh Road in exchange for the City vacating the old, unused portion of the right of way. The developer has done his portion of the agreement and now the City needs to vacate the road. There were no comments from the public or the Council. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Besco; seconded by Alderwoman Spears. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco-aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye CONSENT AGENDA 1. Minutes for Approval: a. Minutes from the City Council Meeting: February 25, 2003 b. Minutes from of the Whole Meetings: I I The Minutes of the Regular al ular Meetin of the Citv Council - March 11, 2003 - pe 3 i. December 3, 2002 ii. December 17, 2002 2. Ordinance 2003 -19 - Soil Erosion & Sedimentation Control Ordinance 3. Building Permit Reports — January 2003 4. Fox Industrial Park — Final Balancing Change 5. Menard's Commercial Bond Reduction 6. Monthly Police Reports for January 2003 7. PC 2002 -31 Deere Crossing —1 '/z Mile Review 8. Ordinance 2003 -20 - Ordinance Amending R -3 Zoning Text 9. Purchase of Utility Truck for the Water Department in an amount not to exceed $40,000.00 10. Resolution 2003 -09 - Resolution for Public Works Maintenance Standards 11. Environmental Mosquito Management Agreement for 2003 for $20,960.00 A motion was made by Alderman Kot to approve the consent agenda as presented; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye PLANNING COMMISSION /ZONING BOARD OF APPEAL. No report. BILLS FOR APPROVAL A motion was made by Alderwoman Spears to approve the paying of the bills listed on the Vendor Invoice Register #240 dated March 7, 2003 totaling the following amounts: checks in the amount of $146,321.91 (vendor), $106,153.662 (payroll period ending 2/22/03), for a total of $252,475.57; seconded by Alderman Munns. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Sticka -aye, Spears -aye REPORTS MAYOR'S REPORT Proclamation for Golden Diners Week Mayor Prochaska read a proclamation proclaiming the week of March 17, 2003 "The Salvation Army Golden Diners Tri County Senior Nutrition Week" in the united City of Yorkville (see attached). He entertained a motion to ratify the proclamation. So moved by Alderwoman Burd; seconded by Alderman Besco. I Alderwoman Spears commented that she attended the Northern Illinois Senior Providers meeting where they discussed the fact that the state has given them a very slight increase for home delivery meals. She stated that this program is excellent and she recommended that everyone stop in when the senior's are eating their meals at the Beecher Center to see how important the program is and she noted that they are always looking for volunteers. Motion approved by a roll call vote. Ayes -7 Nays -0 James -aye, Kot -aye, Munns -aye, Sticka -aye, Spears -aye, Besco -aye, Burd -aye Committee of the Whole on Wednesday, April 2, 2003 Mayor Prochaska reported that due to the election on Tuesday, April 1, 2003, the Committee of the Whole meeting has been moved to Wednesday, April 2, 2003 at 7:00 P.M. Coffee with the Mayor Mayor Prochaska reported that there would be a "Coffee with the Mayor" at St. Joseph's Cabinetry on Saturday March 15, 2003 from 10:00 A.m. to 12:00 P.M. ATTORNEY'S REPORT City Attorney Dan Kramer reported that there have been substantial changes to the public hearing process that the Plan Commission needs to go through. He suggested that a workshop be held for the Plan Commission to inform them of the changes. He also suggested that the members of the Economic Development Committee attend. Mayor Prochaska asked City Administrator Graff to set up the workshop. I I I The Minutes of the Regular Meeting of the Citv Council - March 11„ 2003 - page 4 I CITY CLERK'S REPORT City Clerk Milschewski reported that Larry Yodelis, candidate for Ward 3 Alderman submitted a letter to the Clerk's office stating that he was withdrawing from the April 1, 2003 election. Kendall County Clerk Paul Anderson was notified and he stated that the last date to withdraw was January 30, 2003 so Mr. Yodelis' name will remain on the ballot. Mr. Yodelis was informed of this and it was explained to him that he could still be elected. -- CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT Administrator Graff reported that the staff has been investigating terrorism insurance. He asked Finance Director Pleckham to elaborate as the Finance Department has been doing the research. Director Pleckham reported that she spoke with the City's insurance provider, the Illinois Municipal League Risk Management Association (IMLRMA) and was informed that the only available coverage is for counties not cities. The IMLRMA is looking into coverage for municipalities. Mr. Graff stated that the Homeland Security Bill has a provision which will cover up to a certain percentage in the event of a terrorist attack. Mr. Graff noted that individuals affiliated with the City who are bonded received a letter from Ohio Causality stating that they are not covered in the event of a terrorist attack. This prompted the investigation into coverage. The deadline for the Homeland Security Bill insurance is March 22, 2003. FINANCE DIRECTOR'S REPORT No report. Alderman Sticka asked Finance Director Pleckham how the transition to the new accounting software was going and she explained that it was going well and that April 1, 2003 was the date for going "live ". Also, the new system will be used to generate the April 28, 2003 water bills. DIRECTOR OF PUBLIC WORKS REPORT Director Eric Dhuse reported that there was a water main break earlier in the evening on Hydraulic Avenue and crews were working on repairing it. He noted that there have been ten breaks so far this year whereas last year there were a total of twenty -two. He stated that the yards and streets affected by the breaks will be repaired as soon as weather permits. CHIEF OF POLICE REPORT Chief Harold Martin reported that the Oswego Optimist Club held the "Respect for Law" Banquet on Saturday, March 8, 2003. There were about 160 people in attendance and Lieutenant Schwartzkopf, Officers Holman and Pleckham received awards at the event. Mayor Prochaska noted that two of the officers were nominated for "Officer of the Year ". Alderman Kot noted that he has never seen that many Yorkville officers nominated for awards and this was a compliment to the Police Department. EXECUTIVE DIRECTOR OF PARKS & RECREATION Executive Director Laura Brown reported that the City's annual golf outing was scheduled for May 9, 2003 and there are new additions to the outing such as "Rent a Caddy" and a 50150 raffle, hole -in -one prize, etc. COMMUNITY & LIAISON REPORT Aurora Area Convention & Tourism Bureau Alderwoman Burd reported that she attended that Aurora Area Convention & Visitor Bureau (AACVB) meeting and she brought back two brochures which mention Yorkville along with an advertisement that appeared in Midwest Living magazine for the hunting and fishing days in Yorkville. They have also developed a "star" card which includes a discount for Freeman's Canoe Rentals. She asked if it could be discussed at an upcoming Economic Development Committee (EDC) or Committee of the Whole (COW) meeting how to better use the AACVB. Mayor Prochaska recommended that this be discussed at an EDC meeting. Outer Belt Advisory Committee Alderwoman Burd reported that she attended the Outer Belt Advisory Committee earlier in the day. She stated that the Committee is developing a recommendation that there be a regional council with statutory authority to plan along the highway. The recommendation will be put into writing in April, 2003. She stated that there is very little municipal and county representation at the meetings. She noted that she envisioned green space along the highway but the committee has discussed shopping centers and commercial properties along the highway. I I The Minutes of the Regular Meeting of the Citv Council - March 11, 2003 - page 5 I Mayor Prochaska recommended discussing this further at the next COW meeting so Alderwoman Burd would have thoughts from the Council to take back to the April meeting. Human Resource Commission, Northern Illinois Senior Providers, School Board Alderwoman Spears noted that she attended meetings for the Human Resource Commission, Northern Illinois Senior Providers and the School Board. She apologized to the Council, City staff and the community because she was going to postpone her report of these meetings until a -- later date. She stated that her decision to postpone her report was based on two factors; one being the fact that there were no issues discussed at any of the meetings that required the Council's immediate attention and the other being another candidates campaign tactics which consist of distorting facts, using scare tactics and publicly attempting to taking credit for numerous jobs, tasks and reports that the staff and other members of the Council have been involved with. She stated that she will make her report after the upcoming election. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT, (Resolution) 2003 -10 PC 2002 -12 - Kvlvn's Ridge Final Plat A motion was made by Alderman Sticka to approve a resolution for PC 2002 -12 Kylyn's Ridge Final Plat subject to the recommendations from the City Engineer and to authorize the Mayor and City Clerk to execute the final plat; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye - (Resolution) 2003 -11 PC 2002 -32 Longford Lakes Final Plat A motion was made by Alderman Sticka to approve a resolution for PC 2002 -32 Longford Lakes Final Plat subject to the recommendations from the City Engineer and to authorize the Mayor and City Clerk to execute the final plat; seconded by Alderman James. City Treasure Allen questioned the spelling of Freemont Street. Mayor Prochaska noted that the name is spelled two different ways, Freemont and Fremont, depending on where the street ii in the development. When the subdivision was originally platted many years ago, one was platted with Freemont and the other with Fremont. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye PC 2002 -32 Longford Lakes Development Agreement A motion was made by Alderman Sticka to approve the development agreement for Longford Lakes and to authorize the Mayor and City Clerk to execute the final plat; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye, Besco -aye PUBLIC SAFETY COMMITTEE REPORT. No report. ADMINISTRATION COMMITTEE REPORT No report. EXECUTIVE SESSION Mayor Prochaska entertained a motion to go into executive sessions for the purpose of purchasing or leasing of real property for the use of the public bodies being considered. He asked that the City Administrator, City Clerk, City Attorney, Executive Director of Parks & Recreation and City Treasurer be included. He stated that there would be no formal action taken after the session. So moved by Alderman Besco; seconded by Alderman James. Motion approved by a roll call vote. Ayes -7 Nays -0 Besco -aye, Burd -aye, James -aye, Kot -aye, Munns -aye, Spears -aye, Sticka -aye I I I I The Minutes of the Regular Meeting of the Citv Council - March 11, 2003 - page 6 Executive session was entered at 7:55 P.M. The Council returned to regular session at 8:20 P.M. ADDITIONAL BUSINESS Alderman Besco stated that he had questions for City Treasurer Allen. He asked Treasurer Allen how long he has been on the Council. Treasurer Allen asked Alderman Besco if he was being argumentative and Alderman Besco stated that he just wanted a legitimate answer. Treasurer Allen stated that Alderman Besco was being argumentative and he was not going to answer the question. Alderman Besco stated that Treasurer Allen made a statement regarding the high rate of taxes in a recent letter to the editor of the Kendall County Record newspaper. He noted that as City Treasurer for the last four years, Mr. Allen should know that the city portion of real estate taxes have not increased in about five years. He asked why Treasurer Allen made a false statement to the editor. Treasurer Allen stated that he was told that there was a small increase last year in the taxes and asked if he was told this in error. Aldermen Sticka and Besco stated that the taxes went down last year. Alderman Besco also noted that in the letter to the editor, Treasurer Allen stated that the Mayor was attempting to push the Grande Reserve development through before the April 1, 2003 election. Alderman Besco noted that after serving four years, Treasurer Allen should know that this is not possible and isn't going to happen. Alderman Besco also clarified that the Council will approve the Grande Reserve, not the Mayor. Alderman Besco continued by stating that Treasurer Allen insinuated in the same letter that the Council or Mayor was somehow responsible for the school bus accident as well as other accidents on Route 47. Alderman Besco stated that he found this extremely insensitive and insulting to those involved in the accidents, their families and friends and to the City Council. He noted that Route 47 is a state supported highway and the City has nothing to do with it. He demanded a public apology from Treasurer Allen. Treasurer Allen responded by saying this was ludicrous. He noted that the traffic in the area is a - great concern to the Council and he was sure that the Council has every desire to see it be as safe as possible. Alderwoman Spears stated that this is not what Treasurer Allen was quoted as saying. She stated that Treasurer Allen always seems to have two separate stories; telling the public one thing and then telling the Council another. Treasurer Allen asked if this was getting into a campaign rally because he was uncomfortable with the discussion. Alderwoman Spears stated it was not and that would be saved for the Candidates Night on March 19, 2003. Treasurer Allen continued by stating he would like to talk about the issue of traffic. He stated that the future of the community is going to be affected by the traffic flow. He stated that when he looks at some of the developments coming through, if the City does not have adequate flow for them he believes it will create an unsafe situation and that he felt that Route 47 at this very moment is unsafe. He stated that he has seen the traffic backed up incredible distances; all the way through the light at Fox Road and he is very concerned with this. He stated that he feels that the City needs to take a hard look at the dangers presented by the current traffic flow through the City. Alderman Kot asked Treasurer Allen if he supported a four lane highway through Yorkville and Treasurer Allen stated he did through the downtown portion of Yorkville because he felt this would be safer. Alderman Kot stated that he has been in public office for almost ten years and he was grateful for the privilege to be an alderman. He stated that he was insulted by Treasurer Allen's comments in the newspapers and he felt that the comments were shameless and made purely for political gain. He stated that Treasurer Allen should stop and think about what he is saying and be accountable for his statements. Alderman Kot stated that he would say this to anyone on the Council who made these comments. He stated that this was an all time low for Treasurer Allen and he wished he would stop the negative comments. i - I I � Minutes of the Reeular Meetine of the Citv Council - March 11, 2003 - uap-re 7 Treasurer Allen stated that a statement made by another alderman regarding the desire of certain candidates to serve their City was an all time low and there was no concern expressed by the Council for this comment. He stated that is was a deep concern to him that someone could make this statement and have no one else on the City Council express concern over it. Aldermen Kot and Spears asked him to clarify this. Treasurer Allen stated that Alderman Sticka made a statement and he tried to remember how the statement was worded. Alderman Sticka stated that he asked how interested are people in running for office if they are not going to bother to get their own petitions filled out and he felt that it was a valid question to ask especially since it is fairly easy to get signatures. He stated that if a person is not willing to ask even their neighbors to sign their petitions, it is a valid question to ask if they are interested in office. He asked why asking this question was shameful. Treasurer Allen stated that there is nothing wrong with someone else helping a candidate collect signatures and Alderman Sticka suggested there was. Treasurer Allen asked how difficult is it to get people to serve on the Council. He noted that there are no other people running for elected office in the City besides those that he believes have had some discussion with Mayor Prochaska and the people he has encouraged. He retracted his statement saying that he has not had an opportunity to discuss the direction that Mr. Powell (candidate for City Treasurer) took, with Mr. Powell. He stated that he has not met Mr. Powell and has offered to meet him but Alderman Sticka found this undesirable. Alderman Sticka stated that he did not find it undesirable but reminded Treasurer Allen of his insulting remarks regarding his predecessor who offered to help him. Treasurer Allen stated that an attempt was made to meet with the previous treasurer and unfortunately the previous treasurer was unable to attend. Mayor Prochaska stated that the Council should focus on issues that are dealing with the Council here tonight; that's what additional business is for. Alderman Sticka stated that this does affect the Council because their actions are being questioned. Alderman Kot stated that if someone wants to run for public office and has no previous experience he would expect to see them at City Council meetings. He stated that someone should not expect to jump in at the last minute and expect to know what is going on in a busy community. He noted that he has not seen any of the candidates at meetings and this bothers him. City Attorney Kramer noted that candidate for Ward 3 Alderman, Wanda Ohare, was present at the meeting tonight. Mayor Prochaska stated that his intention is to continue working as a Council and work though the business that needs to be done for the City. He stated that this needs to be done through the election until the end of April. He stated that campaigning needs to be kept outside the Council meetings. If the Council is brought into question, there needs to be an explanation made. He stated that everyone should be careful of what is put in the newspaper because misinformation is unacceptable. He stated that if a meeting is missed, it is up to the elected officials to find out what was missed before making statements. Alderwoman Spears asked Mayor Prochaska to clarify a statement that was printed. She asked if he ever made the statement that he wanted this community to grow as rapidly as Naperville. Mayor Prochaska stated that he never made this comment. There was no further additional business. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderwoman Spears; seconded by Alderwoman Burd. - Motion approved by a viva voce vote. Meeting adjourned at 8:33 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois I CITY COUNCIL MEETING March 11, 2003 PLEASE PRINT NAME: ADDRESS: //l /Sp/ 1 &s /n ,/c� Lave 5 � f4 �► � / � i L A ALA,.X A'o'A'kel", SIGNM [-N'clotv Cit Y,/ )It (, , V, , /, de,( y( -D� PLEASE SIGN IN MEETING: 0 DATE: NAME �.4 1974Ax I kr'<<h I�oFFL c STREET ADDRESS CITY s�y �3 vG K T /.4�.�.v cT /► I YUOt -K vJtG� 170 C °nu, eG �� Ct I �prk P lino�� le— Co d,v k q b pr- M 5 d 5 iV-, Do � 5�� ill, Are( A� J-v PLEASE SIGN IN MEETING: f DATE: NAME Ke,417 �V4 H STREET ADDRESS 9� -� t- cr" 11-1- 31 N Jo l I CITY 1 � 6 lub, u ( l/ Au ►� UNITED CITY OF YORKVILLE �!Jl_!___u 1 WHEREAS: The goal of The Salvation Army Tri- County Senior Nutrition Program is to ensure that healthy seniors remain healthy and that ailing seniors regain their health through nutritionally- balanced meals: and WHEREAS: Funding for Senior Nutrition programs was added to the Older Americans Act in 1972, and WHEREAS: The Meals on Wheels Association of America has designated March of each year a time to celebrate this senior nutrition funding, and WHEREAS: The Salvation Army Golden Diners Program has been providing meals for those age 60+ since 1974, and, currently has 18 sites located throughout Kane, Kendall, and McHenry Counties, serving more than 1,200 meals each weekday, with more than 800 or these being delivered to homebound elderly, and WHEREAS, over 750 volunteers help to serve, portion, and deliver these meals; and WHEREAS, the, Salvation Army Golden Diners Tri- County Senior Nutrition Program is participating in the Meals on Wheels Association of America "March For Meals" during the week of March 17"' through the 21 ' and THEREFORE, the United City of Yorkville proclaims the week of March 17 as "THE SALVATION ARMY GOLDEN DINERS TRI COUNTY .SENIOR NUTRITION WEEK in the United City of Yorkville. Dated this day of , 2003, A.D. Arthur F. Prochaska, Jr., Mayor