04-24-2003 VC REG-MMINUTES OF THE REGULAR SESSION
• OF THE VILLAGE COUNCIL
OF NORTH PALM BEACH, FLORIDA
HELD THURSDAY, APRIL 24, 2003
Present: David B. Norris, Mayor
Charles R. O'Meilia, Vice Mayor
Joseph A. Tringali, President Pro Tem
Don Noel, Councilman
Doug Smith, Acting Village Manager
George W. Baldwin, Village Attorney
Kathleen F. Kelly, CMC, Village Clerk
Absent: Dr. Edward M. Eissey, Councilman
ROLL CALL
Mayor Norris called the meeting to order at 7:30 p.m. All members of Council were present except
Councilman Eissey, who was out of town. All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Vice Mayor O'Meilia gave the invocation, and Mayor Norris led the public in the Pledge of Allegiance
to the Flag.
APPROVAL OF MINUTES
The following Minutes were approved as written:
Minutes of Regular Session held 4/10/03
REPORT OF THE MAYOR
Mayor Norris proclaimed April 25, 2003 Arbor Day in the Village of North Palm Beach. A tree will be
planted on Par Court.
Mayor Norris proclaimed the month of May as Civility Month in the Village of North Palm Beach.
STATEMENTS FROM THE PUBLIC
Stanley Swiderski, 501 Greenway Drive, reported a problem originating from the Golf Course wherein
the Country Club personnel are blowing debris into his yard with a silo blower while working on the
• course. Country Club Director David Talley was asked to bring back a report at the next Council
meeting regarding Mr. Swiderski's complaint.
Minutes of Regular Session
Held Thursday, Apri124, 2003
• CONSENT AGENDA APPROVED
Councilman Noel moved to approve the Consent Agenda. Vice Mayor O'Meilia seconded the motion,
which passed 4-0. The following items were approved:
Received for file the Minutes of the Zoning Board of Adjustment meeting held 1/15/03
Received for file the Minutes of the Recreation Advisory Board meeting held 4/8/03
Adopted Resolution 25-2003 authorizing and directing the Mayor and Village Clerk to enter into the
first amendment to the Interlocal Agreement between Palm Beach County, various municipalities of
Palm Beach County, and the School District of Palm Beach County to establishing public school
concurrency
Adopted Resolution 26-2003 approving the application of the Public Safety Dept. for a Palm Beach
County Emergency Medical Services (EMS) Grant award; certifying that funds shall not be used to
supplant the Village's existing budget allocations and will be used to improve pre-hospital services in
the Village
Adopted Resolution 27-2003 authorizing Mayor and Village Clerk to enter into the State Highway
Lighting Maintenance and Compensation Agreement with the Florida Dept. of Transportation
REPORTS OF SPECIAL COMMITTEES
Village Attorney George Baldwin reported on the negotiations with the Monastery for the north sub-
station property, and stated that he had received a copy of the recorded easement deed earlier in the
week, and a legal description is being written for inclusion in the contract. Two or three items still must
be resolved before the contract can be moved forward.
VILLAGE MANAGER'S REPORT
Acting Village Manager Doug Smith announced that a tree will be planted on Par Court at 10 a.m. on
April 25th, as part of the Village's Arbor Day observance. The public was invited to attend.
Saturday, May 10, 2003 is the scheduled Grand Opening of the Village Hall, as well as Open House at
the Library for the new lighting. Food and tours will be available for those who wish to attend.
Mr. Smith reported that he had attended a County Commission meeting recently at which a proposal by
the County staff was discussed for a countywide level of fire service, and also a countywide dispatch
system. Mr. Smith stated that the proposal would establish a procedure whereby the closest agency
would be the first responder, which could pose a problem for a municipality by taking away from our
• service without having someone to back us up. The Commission will forward it for development of an
ordinance, working with municipalities and other interested groups, to be placed on a referendum in
2004.
2
Minutes of Regular Session
Held Thursday, Apri124, 2003
• The second item discussed was a countywide dispatch service, which would not be mandatory, but there
would be financial incentives for cities' participation. A concern voiced by Public Services Director
Duke Johnson was the issue of double taxation, whereby residents of North Palm Beach have paid to
have their own communications center and then would have to pay again for an expensive countywide
system. Included in that would be imposed standards that the fire department would have to meet,
which is a home rule issue. Vice Mayor O'Meilia stated that the Palm Beach County League of Cities is
heavily involved in this and has been discussing this issue with the County for at least a year, and there
are problems with both submittals offered today. The County Commission has agreed to cooperate fully
in this matter.
Other items briefly discussed included the library air-conditioning for the Children's Library, school
hours posted on school crossing signs, and a petition.submitted to the Council objecting to noise at Wash
and Wax World. The Village Clerk was directed to send a copy of the petition to the Director of Public
Services for investigation.
BILL 1101 -LOCAL LAW ENFORCEMENT BLOCK GRANT -ENACTED AS ORD. 12-2003
Councilman Noel moved that Bill 1101 entitled:
AN ORDINANCE OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE
NORTH PALM BEACH GENERAL FUND BUDGET FOR THE FISCAL YEAR 2002-2003 TO
APPROPRIATE FUNDS IN THE AMOUNT OF $11,145.00 FOR CERTAIN LAW ENFORCEMENT
EQUIPMENT OF WHICH $10,000.00 WILL BE RECEIVED FROM THE FLORIDA DEPARTMENT
OF LAW ENFORCEMENT LOCAL LAW ENFORCEMENT BLOCK GRANT FOR DRUG
INTERDICTION
Be placed on second reading and read by title alone. President Pro Tem Tringali seconded the motion,
and all present voted aye.
President Pro Tem Tringali moved that Bill 1101 be enacted as Ordinance 12-2003. Councilman Noel
seconded the motion.
During discussion, Vice Mayor O'Meilia moved to amend the ordinance by taking the funds from
A5711-66410 (Capital-Automotive) instead of the dry cleaning account. Councilman Noel seconded the
motion.
After an explanation of remaining funds in the automotive account, the motion to amend was
withdrawn.
Thereafrer, the original motion passed 4-0.
• BILL 1102 -POLICE & FIRE PENSION BOARD AMENDMENT
Councilman Noel moved that Bill 1102 entitled:
Minutes of Regular Session
Held Thursday, Apri124, 2003
• AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA; AMENDING DIVISION 4, PENSION AND CERTAIN OTHER BENEFITS FOR FIRE
AND POLICE EMPLOYEES, OF ARTICLE V, OF CHAPTER 2, ADMINISTRATION, OF THE
CODE OF ORDINANCES OF THE VILLAGE; PROVIDING FOR AN AMENDMENT TO THE
NORMAL FORM OF RETIREMENT; PROVIDING FOR REDUCTION IN THE EARLY
RETIREMENT FACTOR; PROVIDING FOR CHANGES TO THE DISABILITY RETIREMENT
BENEFIT; PROVIDING FOR AMENDMENT TO THE OPTIONAL FORMS OF BENEFITS;
PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS: AND PROVIDING FOR CODIFICATION
Be placed on first reading and read by title alone. Vice Mayor O'Meilia seconded the motion, and all
present voted aye.
BILL 1103 -CODE AMENDMENT -MOTORIZED SCOOTERS
Vice Mayor O'Meilia moved that Bill 1103 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING CHAPTER 18. MOTOR VEHICLES AND TRAFFIC AT ARTICLE II,
OPERATION OF VEHICLES GENERALLY, CREATING A NEW SECTION 18-20. TO BE
ENTITLED "MOTORIZED SCOOTERS" PROVIDING FOR DEFINITIONS, REGULATIONS,
APPLICABLE TO THE OPERATION AND USE OF MOTORIZED SCOOTERS, PROVIDING A
CONFLICT CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
PROVIDING FOR AN EFFECTIVE DATE.
Be placed on first reading and read by title alone. Councilman Noel seconded the motion.
During discussion, Village Attorney George Baldwin recommended that the phrase "subject to the Code
Enforcement provisions of the Village of North Palm Beach Code of Ordinances" be deleted, and to take
out the fine of $30.00 and replacing it with "subject to a fine in accordance with Section 1-8 of the Code
of Ordinances. ".
Councilman Noel moved to amend by approving the recommended changes as stated by Mr. Baldwin.
Vice Mayor O'Meilia seconded the motion, and all present voted aye.
Thereafter, the original motion, as amended, passed 4-0.
RESOLUTION 28-2003 -ANNUAL BOARD APPOINTMENTS
By written ballot, copies of which are attached to the Minutes of record, the Village Council made its
annual appointments to various Village Boards, and the following names were entered into Resolution
• 28-2003.
Vice Mayor O'Meilia moved that Resolution 28-2003 entitled:
4
Minutes of Regular Session
Held Thursday, Apri124, 2003
• A RESOLUTION OF THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA,
APPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD, CONSTRUCTION BOARD
OF ADJUSTMENT AND APPEALS, COUNTRY CLUB ADVISORY BOARD, LIBRARY
ADVISORY BOARD, POLICE & FIRE PENSION BOARD, PLANNING COMMISSION,
RECREATION ADVISORY BOARD, ZONING BOARD OF ADJUSTMENT, AND APPOINTING A
VILLAGE HISTORIAN.
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
RESOLUTION 29-2003 ADOPTED -CONFIRMING ROAD CLOSURE FOR HERITAGE DAY
PARADE
Vice Mayor O'Meilia moved that Resolution 29-2003 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, CONFIRMING THAT THE VILLAGE COUNCIL GRANTED AUTHORITY TO DOUG
SMITH, ACTING VILLAGE MANAGER, TO EXECUTE A REQUEST FOR A PERMIT FROM
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO CLOSE U.S. HIGHWAY NO.
ONE (STATE ROAD NO. 5) ON APRIL 12, 2003, FROM SOUTH ANCHORAGE DRIVE TO
GOLFVIEW ROAD FOR THE ANNUAL HERITAGE DAY FESTIVAL AND PARADE;
AUTHORIZING AND DIRECTING THE VILLAGE CLERK TO FURNISH A CERTIFIED COPY
OF THIS RESOLUTION TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION;
AND, PROVIDING FOR AN EFFECTIVE DATE
Be adopted. Councilman Noel seconded the motion, and all present voted aye.
RESOLUTION 30-2003 ADOPTED -APPROVING AGREEMENT LETTER WITH GRAD &
COMPANY -INTERNAL AUDITING SERVICES
Councilman Noel moved that Resolution 30-2003 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER
INTO LETTER AGREEMENT WITH GRAU & COMPANY, P.A., CERTIFIED PUBLIC
ACCOUNTANTS, ATTACHED AS EXHIBIT "A", WHICH LETTER AGREEMENT IS FOR THE
PURPOSE OF THE VILLAGE SECURING INTERNAL AUDITING SERVICES; AND, PROVIDING
FOR AN EFFECTIVE DATE
Be adopted. Vice Mayor O'Meilia seconded the motion, and all present voted aye.
CODE ENFORCEMENT LIENS -NOTIFICATION PROCEDURE
• President Pro Tem Tringali moved to direct the Village Clerk to send notifications of recorded liens and
ongoing code enforcement fines in the Village on a quarterly basis. Vice Mayor O'Meilia seconded the
motion.
5
Minutes of Regular Session
Held Thursday, April 24, 2003
• During discussion, the Council directed when a resident is not in compliance with a Village ordinance, a
copy of the ordinance in question should be attached to the "Friendly Reminder" notice. Additionally,
Council directed that the Code Enforcement Officer make an effort to make personal contact at the time
of the Friendly Reminder notice or in follow up to it.
Thereafter, the motion passed 4-0.
BUDGET TRANSFER APPROVED -ADDITIONAL FUNDS FOR GROUP HEALTH
Vice Mayor O'Meilia moved to approve a budget transfer in the amount of $125,000 from vazious
accounts to depleted Group Health-Reserve accounts to cover pending medical claims. Councilman
Noel seconded the motion.
During discussion, Finance Director Shaukat Khan reported that this budget transfer will only cover
through April 3rd. He will come back to Council with another budget transfer to cover the balance of
the fiscal year.
Thereafter, the motion passed 4-0.
ADJOURNMENT
With no further business to come before the Council, the meeting adjourned at 9:20 p.m.
•
6
•
•
Select 3 names:
Cambron, Kelly (I)
Clary, Andrew
Ryder, Christopher
Turney, Margaret (I)
Whittemore, Clint
CLERK'S TALLY SHEET
CODE ENFORCEMENT BOARD
April 24, 2003
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code enforcement.doc
Round 3
•
BALLOT
CODE ENFORCEMENT BOARD
April 24, 2003
Select 3 names:
Round 1 Round 2 Round 3
Cambron, Kelly (I) k
Clary, Andrew
Ryder, Christopher
Turney, Margaret (I) x
Whittemore, Clint
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•
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(Signature)
code enforcement .doc
BALLOT
• CODE ENFORCEMENT BOARD
April 24, 2003
Select 3 names:
' Annnrl 1 Ar~..r. r7 7
Cambron, Kelly (I)
Clary, Andrew
Ryder, Christopher
Turney, Margaret (I)
Whittemore, Clint
(Signat r )
•
Round 3
code enforcement .doc
•
•
BALLOT
CODE ENFORCEMENT BOARD
April 24, 2003
Select 3 names:
Round 1 Round 2
Cambron, Kelly (I)
Clary, Andrew
Ryder, Christopher
Turney, Margaret (I)
Whittemore, Clint
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code enLOrcement.doc
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BALLOT
CODE ENFORCEMENT BOARD
April 24, 2003
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Clary, Andrew
Ryder, Christopher
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code enforcement .doc
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CLERK'S TALLY SHEET
• CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
~ April 24, 2003
Select 4 names:
Round 1 Round 2 Round 3
Ackerman, Harry (I)
Agrusa, Anthony (I) ///J
Nycum, James ~~
Smarge, John (I) ~~~
Whittemore, Clint
•
const toner brd of adj.doc
BALLOT
• CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
April 24, 2003
Select 4 names:
Ackerman, Harry (I)
Agrusa, Anthony (I)
Nycum, James
Smarge, John (I)
Whittemore, Clint
~~
(Sign t re)
•
conat brd of adj .doc
BALLOT
• CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
April 24, 2003
Select 4 names:
Round 1 Round 2 Round 3
Ackerman, Harry (I)
Agrusa, Anthony (I) //
Nycum, James
Smarge, John (I)
Whittemore, Clint
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(Sign ure)
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conet brd of adj .doc
BALLOT
• CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
April 24, 2003
Select 4 names:
Round 1 Round 2 Round 3
Ackerman, Harry (I) X
Agrusa, Anthony (I) )(
Nycum, James x
Smarge, John (I) X
Whittemore, Clint
(Signature)
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BALLOT
CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS
April 24, 2003
Select 4 names:
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Nycum, James
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Whittemore, Clint
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CLERK'S TALLY SHEET
• COUNTRY CLUB ADVISORY BOARD
April 24, 2003
Select 3 Names•
Round 1 Round 2 Round 3
DiGloria, Robert
Finck, Sandy(I) ~ /
Hayes, Robert E. 1 ~ /
Karambelas, Gregory 9~ ~~ ---~------111
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country club.doc
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BALLOT
COUNTRY CLUB ADVISORY BOARD
April 24, 2003
Select 3 Namea:
Round 1
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Round 3
DiGloria, Robert
Finck, Sandy (I)
Hayes, Robert E.
Karambelas, Gregory
Unruh, Patti (I)
Whittemore, Clint
(S'g ature)
country club.doc
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BALLOT
COUNTRY CLUB ADVISORY BOARD
April 24, 2003
Select 3 Names•
Round 1 Round 2
DiGloria, Robert
Finck, Sandy (I)
Hayes, Robert E. ~/~~
Karambelas, Gregory
Unruh, Patti (I) (9
Whittemore, Clint
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country club.doc
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BALLOT
COUNTRY CLUB ADVISORY BOARD
April 24, 2003
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Round 1 Round 2 Round 3
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DiGloria, Robert
Finck, Sandy (I)
Hayes, Robert E.
Karambelas, Gregory ~ ~ _~
Unruh, Patti (I)
Whittemore, Clint
country club.doc
•
BALLOT
COUNTRY CLUB ADVISORY BOARD
April 24, 2003
Select 3 Names•
Round 1 Round 2 Round 3
DiGloria, Robert
Finck, Sandy (I)
Hayes, Robert E.
Karambelas, Gregory
Unruh, Patti (I)
Whittemore, Clint
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(Signa ure)
country club.doc
•
Select 5 names:
Cross, Cory (I)
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pj']Freedman, Richard (I)
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CLERK'S TALLY SHEET
PLANNING COMMISSION
April 24, 2003
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planning commisaion.doc
•
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BALLOT
PLANNING COMMISSION
April 24, 2003
Select 5 names:
Round 1
Cross, Cory (I)
Engle, Todd
Freedman, Richard (I) ~//
Rennebaum, Robert (I) ,%
Ryder, Christopher -G`-
Whittemore, Clint
Wroblewski, Robert (I)
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Cross, Cory (I)
Engle, Todd
Freedman, Richard (I)
Rennebaum, Robert (I)
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Whittemore, Clint
Wroblewski, Robert (I)
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PLANNING CONIMISSION
April 24, 2003
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Freedman, Richard (I)
Rennebaum, Robert (I)
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Whittemore, Clint
Wroblewski, Robert (I)
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PLANNING CONIIvIISSION
April 24, 2003
Round 1
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Sign t re
Round 2 Round 3
planning commieeion.doc
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Whittemore, Clint
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planning commieeion.doc
BALLOT
PLANNING COMMISSION
April 24, 2003
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CLERK'S TALLY SHEET
• Police & Fire Pension Board
April 24, 2003
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Round 1 Round 2
DiGloria, Robert
Wroblewski, Robert
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(Signature)
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Round 3
P & F pension board.doc
•
Ballot
Police & Fire Pension Board
April 24, 2003
Select 1 name•
Round 1 Round 2 Round 3
•
DiGloria, Robert
Wroblewski, Robert
P & F pension board.doc
Ballot
• Police & Fire Pension Board
April 24, 2003
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Wroblewski, Robert
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P & F pension board.doc
Round 2 Round 3
Ballot
• Police & Fire Pension Board
April 24, 2003
•
Select 1 name•
DiGloria, Robert
Wroblewski, Robert
Round 1
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P 6 F pension board.dOC
Round 2 Round 3
•
Ballot
Police & Fire Pension Board
April 24, 2003
Select 1 name•
Round 1 Round 2 Round 3
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Wroblewski, Robert ~
(Signature)
P k F pension board.doc
•
CLERK'S TALLY SHEET
RECREATION ADVISORY BOARD
April 24, 2003
Select 4 names•
/ Round 1
Beach, Paul ( I ) /~ ~' JJ~
Howard, William ~ -~
Mahoney, Brian (I) <-/~
Mays , Mark ( I ) /~~
Moore III, Edwin
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retreat ion.doc
•
•
BALLOT
RECREATION ADVISORY BOARD
April 24, 2003
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Howard, William
Mahoney, Brian (I)
Mays, Mark (I)
Moore III, Edwin
Whittemore, Clint
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recreation.doc
•
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Beach, Paul (I)
Howard, William
Mahoney, Brian (I)
Mays, Mark (I)
Moore III, Edwin
Whittemore, Clint
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recreation. doc
BALLOT
RECREATION ADVISORY BOARD
April 24, 2003
Round 1 Round 2
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BALLOT
RECREATION ADVISORY BOARD
April 24, 2003
Select 4 names:
Round 1
Beach, Paul (I)
Howard, William P%
Mahoney, Brian (I)
Mays, Mark (I)
Round 2 Round 3
Moore III, Edwin
Whittemore, Clint
retreat ion.doc
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•
BALLOT
RECREATION ADVISORY BOARD
April 24, 2003
Select 4 names•
Beach, Paul (I)
Howard, William
Mahoney, Brian (I)
Mays, Mark (I)
Moore III, Edwin
Whittemore, Clint
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(Signa u e)
recreation.doc
CLERK'S TALLY SHEET
• ZONING BOARD OF CONSTRUCTION
April 24, 2003
Select 5 Names
Round 1 Round 2
Chira, Marty (I) ~/
Carvajal, Peter (I)
Chapin, Roy (I) --L/! 6
Daniello, Louis (I)
D. I~PY C'h ot..~he
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zoning brd of adj .doo
•
•
BALLOT
ZONING BOARD OF ADJUSTMENT
April 24, 2003
Select 5 Names
Chira, Marty (I)
Carvajal, Peter (I)
Chapin, Roy (I)
Daniello, Louis (I)
Ryder, Christopher
Witters, Curtis (I)
Whittemore, Clint
(Sig ate re)
Round 1
X
Round 2 Round 3
zoning brd of adj .doc
•
BALLOT
ZONING BOARD OF ADJUSTMENT
April 24, 2003
Select 5 Names
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Chira, Marty (I)
Carvajal, Peter
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Chapin, Roy (I)
Daniello, Louis (I)
Ryder, Christopher
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Whittemore, Clint
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zoning brd of adj.doc
•
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BALLOT
ZONING BOARD OF ADJUSTMENT
April 24, 2003
Select 5 Names
Round 1
Chira, Marty (I)
Carvajal, Peter (I) p~
Chapin, Roy (I)
Daniello, Louis (I)
Ryder, Christopher
Round 2 Round 3
Witters, Curtis (I)
Whittemore, Clint ~~
zoning brd of adj .doc
•
BALLOT
ZONING BOARD OF ADJUSTMENT
April 24, 2003
Select 5 Names
Chira, Marty (I) h
Carvajal, Peter (I) X
Chapin, Roy (I)
Daniello, Louis (I)
Ryder, Christopher
Witters, Curtis (I)
Whittemore, Clint
•
(Signature)
zoning brd of adj .doc