04-23-2015 VC REG-MCPresent:
ROLL CALL
MINUTES OF THE REGULAR SESSION
VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA
APRIL 23, 2015
Robert A. Gebbia, Mayor
David B. Norris, Vice Mayor
Doug Bush, President Pro Tern
Darryl C. Aubrey, Sc.D., Councilmember
Judy M. Pierman, Councilmember
James P. Kelly, Village Manager
Len Rubin, Village Attorney
Melissa Teal, Village Clerk
Mayor Gebbia called the meeting to order at 7:30 p.m. All members of Council were present.
All members of staff were present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Councilmember Pierman gave the invocation and Vice Mayor Norris led the public in the Pledge.
AWARDS AND RECOGNITION
North Palm Beach Country Club Men's Senior Tennis Team Captain David Chamberlain and
members George Strasdas and Steve Siperstein presented the Village Council with their award
for First Place in the 2015 Palm Beach County Senior Tennis League.
APPROVAL OF MINUTES
The Minutes of the Regular Session held April 9, 2015 were approved as written.
INTERVIEWS OF ADVISORY BOARD APPLICANTS
The following persons were present for interviews with the Village Council:
Frank Giacomelli Bruce Venable Lane Henderson Paul Sammis
Robert Phillips Edwin Greenberg Maria Cassidy Donna Wagner
PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -07 — COMMERCIAL
SANITATION SERVICE COLLECTION PROCEDURES
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt
and enact on second reading Ordinance 2015 -07 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, AMENDING DIVISION 2, "GARBAGE COLLECTION AND DISPOSAL," ARTICLE H,
"GARBAGE, TRASH AND REFUSE," OF CHAPTER 14, "HEALTH AND SANITATION,"
OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 14 -30,
"COMMERCIAL USE PROPERTY WASTE DISPOSAL FEES AND COLLECTION PROCEDURES,"
TO REMOVE THE REFERENCE TO DUMPSTER SIZE AND PROVIDE FOR VILLAGE
COLLECTION UNLESS THE VILLAGE IS UNABLE TO MEET SERVICE DEMANDS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
Minutes of Village Council Regular Session held April 23, 2015 Page 2 of 7
�- PUBLIC HEARING AND SECOND READING OF ORDINANCE 2015 -07 — COMMERCIAL
t ) SANITATION SERVICE COLLECTION PROCEDURES continued
Mayor Gebbia opened the public hearing. There being no comments from the public, Mayor Gebbia
closed the public hearing.
Thereafter, the motion to adopt and enact Ordinance 2015 -07 on second reading passed unanimously.
FIRST READING OF ORDINANCE 2015 -08 — NORTHLAKE STORAGE CPUD
A motion was made by President Pro Tern Bush and seconded by Vice Mayor Norris to adopt on
first reading Ordinance 2015 -08 entitled:
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, CREATING A COMMERCIAL PLANNED UNIT DEVELOPMENT ON
APPROXIMATELY 2.34 ACRES OF REAL PROPERTY LOCATED AT THE NORTHEAST
CORNER OF NORTHLAKE BOULEVARD AND SOUTHWIND DRIVE, AS MORE
PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE DEVELOPMENT OF
THE PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, WAIVERS
AND CONDITIONS REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES
FOR FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly discussed the application of Flagler Bank and Northlake Storage, LLC to create a
Planned Unit Development (PUD) allowing for the construction of a three -story limited access
self - storage facility on property located at 555 Northlake Boulevard in conjunction with the
existing bank facility. Mr. Kelly reported that the applicant is proposing a structure that would
be three stories high along Northlake Boulevard and one -story adjacent to the Earman River. Mr. Kelly
stated that a waiver would be required to allow three stories. Mr. Kelly advised that the
applicant is also seeking waivers for the number of monument signs and height of the wall sign.
Vice Mayor Norris declared a voting conflict.
George Gentile, President of Gentile Glas Holloway O'Mahoney & Associates, Inc., the agent for the
applicants, responded to questions from the Council.
Thereafter, the motion to adopt Ordinance 2015 -08 on first reading passed with President
Pro Tern Bush, Councilmember Aubrey, Councilmember Pierman, and Mayor Gebbia voting aye.
CONSENT AGENDA APPROVED
Councilmember Pierman moved to approve the consent agenda. Vice Mayor Norris seconded
the motion and all present voted aye. The following items were approved:
Receive for file Minutes of the Golf Advisory Board meeting held 3/16/15
Receive for file Minutes of the Library Advisory Board meeting held 3/24/15
Receive for file Minutes of the Recreation Advisory Board meeting held 4/14/15
Minutes of Village Council Regular Session held April 23, 2015 Page 3 of 7
RESOLUTION 2015 -33 — APPOINTING MEMBERS TO VILLAGE BOARDS
Mayor Gebbia announced that appointments to the Business Advisory Board would be
considered at a later date.
Discussion took place regarding absences of board members and the Chairman's notification to
the Council of such absences. Mr. Rubin read from the Code of Ordinances Section 2- 1(m)(2),
which states "If any member of a board or committee is absent from three consecutive regular
meetings or 25 percent of the regular meetings within any 12 -month period, the chairperson shall
notify the village council of such absences in writing ...the village council may retain the
member or declare the member's office vacant." It was requested that the Council receive the
absence report on a monthly basis. Mrs. Teal stated the Village Clerk's office would provide a
monthly absence report to the Council.
Audit Committee: A motion was made by Councilmember Aubrey, seconded by Vice Mayor Norris,
and passed unanimously to reappoint Richard Podell, Emery Newell, and Hank Sanderson to the
Audit Committee.
Construction Board of Adjustment and Appeals: A motion was made by President Pro Tem Bush
and seconded by Councilmember Pierman to reappoint the five incumbent regular members and
move the two alternate members to the vacant regular member positions on the Construction
Board of Adjustment and Appeals. The motion passed unanimously.
By written ballots, the originals of which are attached to the minutes of record, Frank Giacomelli
was appointed as 1 st alternate and Robert Phillips as 2nd alternate to the Construction Board of
Adjustment and Appeals.
Golf Advisory Board: A motion was made by President Pro Tem Bush seconded by Vice Mayor Norris,
and passed unanimously to reappoint Jim Bender, Lois Gruen, Curtis Witters, and Richard Aldred
to the Golf Advisory Board.
Library Advisory Board: A motion was made by Councilmember Pierman, seconded by
President Pro Tem Bush, and passed unanimously to reappoint Carolyn Kost, Diane Page,
Bonnie Jenkins, and John Hess to the Library Advisory Board.
Planning Commission: A motion was made by President Pro Tem Bush, seconded by
Councilmember Aubrey, and passed unanimously to reappoint Cory Cross, Tom Hogarth,
Benjamin Schreier, and Susan Bickel to the Planning Commission.
By written ballots, the originals of which are attached to the minutes of record, Donna Wagner
was appointed as 2nd alternate to the Planning Commission.
Police and Fire Pension Board: A motion was made by President Pro Tem Bush, seconded by
Councilmember Aubrey, and passed unanimously to reappoint Robert DiGloria to the Police and
Fire Pension Board.
Recreation Advisory Board: A motion was made by President Pro Tem Bush, seconded by
Vice Mayor Norris, and passed unanimously to reappoint Paul Beach and Brian Mahoney, move
Joe Bova to 1 st alternate, and appoint Maria Cassidy as 2nd alternate to the Recreation Advisory Board.
Minutes of Village Council Regular Session held April 23, 2015 Page 4 of 7
RESOLUTION 2015 -33 — APPOINTING MEMBERS TO VILLAGE BOARDS continued
Village Historian: A motion was made by President Pro Tem Bush, seconded by
Councilmember Pierman, and passed unanimously to reappoint Ruby Holden as Village Historian.
Waterways Board: A motion was made by Vice Mayor Norris, seconded by President Pro Tern
Bush, and passed unanimously to move Bill Hipple to the vacant regular member position and
Ed Preti to 1 st alternate on the Waterways Board.
By written ballots, the originals of which are attached to the minutes of record, Paul Sammis was
appointed as 2nd alternate to the Waterways Board.
Zoning Board of Adjustment: A motion was made by Vice Mayor Norris, seconded by
Councilmember Aubrey, and passed unanimously to reappoint Roy Chapin and Louis Daniello,
move Keith Davis to regular member, move Adrian Marcuse to 1 st alternate, and appoint
Lane Henderson as 2nd alternate to the Zoning Board of Adjustment.
A motion was made by Vice Mayor Norris and seconded by President Pro Tern Bush to adopt
Resolution 2015 -33 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPOINTING MEMBERS TO THE AUDIT COMMITTEE, CONSTRUCTION
BOARD OF ADJUSTMENT AND APPEALS, GOLF ADVISORY BOARD, LIBRARY
ADVISORY BOARD, PLANNING COMMISSION, POLICE AND FIRE PENSION BOARD,
RECREATION ADVISORY BOARD, WATERWAYS BOARD, AND ZONING BOARD OF
ADJUSTMENT; APPOINTING A VILLAGE HISTORIAN; AND PROVIDING FOR AN
EFFECTIVE DATE.
Thereafter, the motion to adopt Resolution 2015 -33 passed unanimously.
RESOLUTION 2015 -34 — EARMAN RIVER PROJECT
A motion was made by Vice Mayor Norris and seconded by President Pro Tern Bush to adopt
Resolution 2015 -34 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A PROPOSAL FROM ENGENUITY GROUP, INC. FOR SURVEYING,
CIVIL ENGINEERING, ARCHITECTRUAL DESIGN AND PERMITTING SERVICES
ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF A DUAL PUMP STATION
AT THE EARMAN RIVER; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly discussed plans to construct a new dual -pump irrigation pumping station to replace the
existing single -pump station, which has significant limitations in operation and maintenance.
Due to the technical expertise required to design and model the proposed pumping station, Mr. Kelly
recommended contracting with Engenuity Group, Inc., the Village Engineer to provide surveying,
civil engineering, architectural design, and regulatory agency permitting.
Thereafter, the motion to adopt Resolution 2015 -34 passed unanimously.
Minutes of Village Council Regular Session held April 23, 2015 Page 5 of 7
SECOND AMENDMENT TO CONTINUING CONTRACT WITH ENGENUITY
A motion was made by Vice Mayor Norris and seconded by Councilmember Aubrey to adopt a
proposed resolution entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE CONTINUING CONTRACT
FOR PROFESSIONAL ENGINEERING SERVICES WITH ENGENUITY GROUP, INC. TO
EXTEND THE TERM OF THE CONTRACT; PROVIDING FOR CONFLICTS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly stated that on October 9, 2014 the Council approved an Amendment to the Continuing
Contract for Professional Engineering Services, which the extended the term through May 12, 2015,
and allowed the Village Manager to extend the term for an additional one -year period through
May 12, 2016. Mr. Kelly requested Council extend the renewal period through September 30, 2016,
in order to coincide with the fiscal year.
Discussion took place concerning statutory requirements for continuing contracts. It was
determined that Mr. Kelly will exercise his authority to extend the contract through May 12, 2016.
Thereafter, Vice Mayor Norris and Councilmember Aubrey withdrew their motion and second,
and no action was taken on this item.
RESOLUTION 2015 -36 — SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE
AGREEMENT
A motion was made by President Pro Tem Bush and seconded by Councilmember Aubrey to
adopt Resolution 2015 -36 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA, APPROVING A SECOND AMENDMENT TO THE COMMUNICATIONS SITE
LEASE AGREEMENT (GROUND) WITH GLOBAL SIGNAL ACQUISITIONS III LLC,
ATTORNEY -IN -FACT FOR STC FIVE LLC, SUCCESSOR IN INTEREST TO SPRINT
SPECTRUM L.P., TO EXTEND THE TERM, PROVIDE FOR ADDITIONAL COMPENSATION
AND PROVIDE FOR A RIGHT OF FIRST REFUSAL AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE THE SECOND AMENDMENT ON BEHALF OF THE
VILLAGE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Kelly reported the Communications Site Lease Agreement with Sprint expires in 2019 and
Sprint has requested to extend it to 2039, in exchange for which Sprint will pay the Village
$10,000 within 60 days of full execution of the Agreement. Mr. Kelly explained the escalation
clause in the current Agreement provides that the Village receives a three percent increase each year,
which would continue throughout the entire term of the Agreement; additionally, the Second
Amendment provides for a one -time increase of ten percent in 2019.
Discussion ensued regarding the contract extension. A concern was expressed with committing
to an additional twenty -year contract when technology changes so rapidly. Mr. Rubin noted that
if Sprint wished to change its current configuration at this site, it would have to come back for
Council approval.
Minutes of Village Council Regular Session held April 23, 2015 Page 6 of 7
RESOLUTION 2015 -36 — SECOND AMENDMENT TO COMMUNICATIONS SITE LEASE
AGREEMENT continued
Thereafter, the motion to adopt Resolution 2015 -36 passed 4 — 1, with Councilmember Aubrey,
Councilmember Pierman, Vice Mayor Norris, and Mayor Gebbia voting aye and President Pro Tern
Bush voting nay.
RESOLUTION 2015 -37 — RIGHT -OF -WAY ASSET DATA COLLECTION
A motion was made by Councilmember Aubrey and seconded by President Pro Tem Bush to
adopt Resolution 2015 -37 entitled:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH,
FLORIDA APPROVING A CONTRACT AWARD TO DATA TRANSFER SOLUTIONS, LLC
FOR RIGHT -OF -WAY ASSET DATA COLLECTION SERVICES PURSUANT TO PRICING
ESTABLISHED BY STATE CONTRACT AND THE DEVELOPMENT OF A PROPRIETARY
WEB -BASED ASSET MANAGEMENT SYSTEM; AUTHORIZING THE MAYOR AND
VILLAGE CLERK TO EXECUTE A CONTRACT FOR SUCH SERVICES; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mr. Kelly discussed contracting with a professional services firm to collect right -of -way
infrastructure data and develop an asset management system. Mr. Kelly detailed the proposal
submitted by Data Transfer Solutions, LLC and described the benefits of an asset management system.
Public Works Director Brian Moree explained that the stormwater system data being collected
by Engenuity Group can be imported into the asset management system VUEWorks. Mr. Moree
described how the infrastructure data would be collected.
Thereafter, the motion to adopt Resolution 2015 -37 passed unanimously.
VILLAGE COUNCIL MATTERS /REPORTS
Discussion took place regarding qualifying dates for the 2016 Municipal Election. Mrs. Teal
explained that because the Presidential Preference Primary has been set for March 15, 2016, the
Palm Beach County Supervisor of Elections is requiring all municipalities to change the dates of
the candidate qualifying period for the March 2016 election. Mrs. Teal reported the deadline to
submit municipal candidate names to the Supervisor of Elections is December 15, 2015.
Council consensus was to set December 1, 2015 to December 15, 2015 as the qualifying period
for the March 15, 2016 Municipal Election. Mr. Rubin will prepare an ordinance for
consideration at the next Regular Session.
Mayor Gebbia reported on issues discussed at the recent Palm Beach County League of Cities meeting.
VILLAGE MANAGER MATTERS /REPORTS
Mr. Kelly announced that Village firefighter /paramedic Robert Hetzel received the Fire
Employee of the Year Award and Detective Mike Piotrowski received the Police Employee of
the Year Award from the Rotary Club.
Minutes of Village Council Regular Session held April 23, 2015 Page 7 of 7
VILLAGE MANAGER MATTERS /REPORTS continued
Mr. Kelly distributed a status report on business compliance with the Northlake Boulevard
Overlay Zoning regulations.
ADJOURNMENT
There being no further business to come before the Council, the meeting was adjourned at 9:28 p.m.
Melissa Teal, CMC, Village Clerk
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FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME — MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
David B. Norris
Village Council of the Village of North Palm Beach
MAILING ADDRESS
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
501 U.S. Highway 1
,WHI 1 SERVE IS A UNIT OF:
CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY
CITY COUNTY
NAME OF POLITICAL SUBDIVISION:
Village of North Palm Beach
North Palm Beach Palm Beach
DATE ON WHICH VOTE OCCURRED //�
!/
MY POSITION IS:
✓ ELECTIVE APPOINTIVE
❑
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
w
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict: e
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
CE FORM 8B - EFF. 1/2000 PAGE 1
CLERK'S TALLY SHEET
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April 23, 2015
1st and 2nd Alternate
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April 23, 2015
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Construction Board of Adjustment and Appeals
April 23, 2015
1st and 2nd Alternate
Vote for 2
Round 1 Round 2 Round 3
Giacomelli, Frank_
Phillips, Robert
Venable, Bruce
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Construction Board of Adjustment and Appeals
April 23, 2015
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Phillips, Robert V t�
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April 23, 2015
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�) CLERK'S TALLY SHEET
PLANNING COMMISSION
April 23, 2015
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(Signature)
(Signature)
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April 23, 2015
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April 23, 2015
2nd Alternate
Vote for 1
Greenberg, Edwin
Henderson, Lane
Wagner, Donna
(Signature)
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Round 1 Round 2 Round 3
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April 23, 2015
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April 23, 2015
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CLERK'S TALLY SHEET
(� WATERWAYS BOARD
April 23, 2015
2nd Alternate
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Sammis, Paul
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Round 2 Round 3
CLERK'S TALLY SHEET
! WATERWAYS BOARD
April 23, 2015
2nd Alternate
Vote for 1
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Henderson, Lane
Sammis Paul V
Wagner, Donna
(Signature)
CLERK'S TALLY SHEET
WATERWAYS BOARD
April 23, 2015
2nd Alternate
Vote for 1
Round 1 Round 2 Round 3
Henderson, Lane
Sammis, Paul
Wagner, Donna
(Signature)
CLERK'S TALLY SHEET
WATERWAYS BOARD
April 23, 2015
2nd Alternate
Vote for 1
Round 1 Round 2
Henderson, Lane
Sammis, Paul
Wagner, Donna
(Signature)
Round 3
CLERK'S TALLY SHEET
WATERWAYS BOARD
April 23, 2015
2nd Alternate
Vote for 1
Henderson, Lane
Sammis, Paul
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(Signatur .
(Signature)
Round 1 Round 2 Round 3
CLERK'S TALLY SHEET
WATERWAYS BOARD
April 23, 2015
2nd Alternate
Vote for 1
Henderson, Lane
Sammis, Paul
Wagner, Donna
(Signature)
(Signature)
Round 1 Round 2 Round 3