2016.06.07_TC_Minutes_Regular TOWN OF HIGHLAND BEACH
MINUTES OF TOWN COMMISSION MEETING
REGULAR MEETING
Tuesday,June 7, 2016 1:30 PM
Mayor Bernard Featherman called the Regular Meeting to order in the Town Commission Chambers at
1:30 PM.
CALL TO ORDER:
Roll Call: Members present: Mayor Bernard Featherman; Vice Mayor William Weitz, Ph.D;
Commissioner Carl Feldman; Commissioner Louis P. Stern; and Commissioner Rhoda Zelniker. Also
present: Town Attorney Glen Torcivia; Acting Town Manager Valerie Oakes; Interim Deputy Town Clerk
Rosalie DeMartino; Finance Director Cale Curtis; Public Works Director Edward J. Soper and members
of the public.
Pledge of Allegiance: The Pledge of Allegiance was given, followed by a minute of silence.
Civility Pledge: The Civility Pledge was recited by the Interim Deputy Town Clerk.
1. ADDITIONS.DELETIONS OR ACCEPTANCE OF AGENDA:
Mayor Featherman called for any additions or deletions to the agenda.
Item 7A: Vice Mayor Weitz asked to discuss rescheduling the date of the June 17`h Workshop
meeting for the discussion on the Personnel Rules and Regulations since there will only be four
Commissioners available on that date.
Item 6E: Commissioner Stern asked that Item 8B be removed from Miscellaneous — Items Left Over
and placed on the Consent Agenda.
Hearing no further additions or deletions, the agenda was accepted as amended.
2. PUBLIC COMMENTS AND REQUESTS:
None were received.
Town Commission Regular Meeting Minutes
Tuesday,June 7. 2016 Page 2 of 9
3. PRESENTATIONS
None.
4. BOARDS AND COMMITTEES:
Interim Deputy Town Clerk DeMartino read item 4—Boards and Committees into the record as
follows:
A) Board Correspondence:
• None
B) Board Action Report:
• Interim Deputy Town Clerk DeMartino read the report into the record.
C) Board Vacancies:
• Beaches &Shores Advisory—(1)Unexpired Term ending Nov. 2018
D) Monthly Board Meeting:
• Town Commission Workshop Meeting—June 17th— 1:30 PM
• Town Commission Workshop Meeting—June 28th— 1:30 PM
5. PROPOSED ORDINANCES AND RESOLUTIONS:
A) ORDINANCE NO. 16-008 O—1'READING
AN ORDINANCE OF THE TOWN OF HIGHLAND BEACH, FLORIDA AMENDING
THE TOWN CODE OF ORDINANCES BY AMENDING CHAPTER 22, "SEWERS"AND
CHAPTER 29, "WATER SYSTEM", ARTICLE 1, "IN GENERAL" AND REPEALING
ORDINANCE 08-003 TO MAKE CERTAIN ADMINISTRATIVE CLARIFICATIONS
AND TO PROVIDE THAT ALL FEES CHARGED SHALL BE AS SET FORTH IN A
RESOLUTION ADOPTED BY THE TOWN COMMISSION; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Interim Deputy Town Clerk DeMartino read Ordinance No. 16-008 O into the record.
Town Manager Brown — We did a water study earlier this year, and the recommendation was to
remove the rates and changes from the Code of Ordinances and put it in a resolution form. The
resolution will also include all fees that the Town charges from the Building Dept., the Town
Clerk's Office, Finance Dept. and the Police Dept.
MOTION: Commissioner Feldman moved to place Ordinance No. 16-008 O on the July 5`h
agenda for a 2nd Reading. Motion was seconded by Commissioner Stern.
Town Commission Regular Meeting Minutes
Tuesday,June 7. 2016 Page 3 of 9
ROLL CALL:
Commissioner Feldman - Yes
Commissioner Stern - Yes
Commissioner Zelniker - Yes
Vice Mayor Weitz - Yes
Mayor Featherman - Yes
Motion carried 5 to 0.
6. CONSENT AGENDA:
Interim Deputy Town Clerk DeMartino read the Consent Agenda into the record.
A) Town Commission to Approve the Revised Infrastructure Local Agreement dated May 10, 2016
and Authorize Mayor Featherman to sign
B) Authorize the Beaches &Shores Advisory Board to Schedule a Turtle Talk&Walk Day on
Saturday, August 6, 2016
C) Authorize the Manager to Sign the 2nd Amendment to the Interlocal Service Agreement between
the City of Delray Beach and the Town of Highland Beach
D) Minutes:
• April 26, 2016—Workshop Meeting
• May 3, 2016—Regular Meeting
E) Authefim the Mayor-to E*eeute Agf;eefaeats for-Employee 14eaM lasuFanee FY 2016 2017-
Mayor Featherman asked that Item 6E be removed from the Consent Agenda and placed under
New Business (Item 7B).
MOTION: Vice Mayor Weitz moved to accept the Consent Agenda as amended. Motion was
seconded by Commissioner Feldman,which passed unanimously.
7. NEW BUSINESS:
A) Discussion Regarding Rescheduling the June 1r Workshop Meeting
Vice Mayor Weitz — There will only be four Commissioners attending the June 17th Workshop
Meeting. The point of having an odd number of people is that you minimize the possibility of
having a tie vote on issues that are contentious or controversial. I am recommending we open
the meeting time to ensure all five Commissioners could be present.
Town Commission Regular Meeting Minutes
Tuesday,June 7, 2016 Paste 4 of 9
Comm. Feldman—We need to establish a date. Perhaps we can get a list of available dates, give
them to the Town Manager and come up with a date where we can all meet, sooner than later.
Consensus was to reschedule the Workshop Meeting to a date where all Commissioners could
attend.
B) Authorize the Mayor to Execute Agreements for Employee Health Insurance FY 2016-2017
Mayor Featherman — I have reviewed the data from other towns to see what health benefits they
offer their employees. I have replies from twelve towns of approximately the same or similar
residential range. (Read the amount of employers and the employees pay for their health
insurance benefits into the record.) Our Commissioners have different opinions on what to do
about health insurance costs. Two Commissioners have recommended compromising on this
year's cost to our employees. I strongly agree with compromise for the good of our employees
and for the good of our residents. My recommendation for the year 2016-2017 is that Highland
Beach continue to pay 100% of the cost for the basic insurance cost for all fulltime employees.
Highland Beach will pay 75% of any additional insurance cost beyond the basic insurance policy
cost. The dental and vision insurance should be reviewed before the termination date this fall.
Commission Discussion:
Comm. Feldman — You mentioned other towns and what they provide. Are they HMO's, PPO's
or other plans, and do they include dental and vision? Mayor Featherman— Most of them do not
include dental and vision. Comm. Feldman — The worksheet we have includes dental and bision
in our total cost. Do you want to separate them? Town Manager Brown—The dental and vision is
a separate policy and is not included in the health insurance policy.
Fin. Dir. Curtis —The worksheet you have in front of you is strictly a document that was intended
to be used to demonstrate the total cost the employees were paying for dependent care. It was not
intended to illustrate the total cost of premium you would be approving today. The prices quoted
in the agenda packet of May 31st are the prices you are considering. A revised worksheet
excluding dental and vision showing the different plans for the Commission to consider was
distributed to the Commission attached as Exhibit "A". The dental and vision plan renews in
October and is not an action item here today. Under the base HMO Plan, the Town would be
covering the entire cost. There would be no additional cost to the employee. Under the PPO
Plan, the employee would be picking up the difference between the two plans. It would be an
approximate$78,000 decrease overall town wise.
Vice Mayor Weitz — Who is the carrier for the dental and vision plan? Fin. Dir. Curtis — It is
Guardian Insurance and not part of the Blue Cross/Blue Shield Plan.
Comm. Stena — The sheet that we received today does show that we saved $78,000. If the
employee chooses the basic HMO Plan without the gap insurance, the Town pays the entire cost.
If they choose the PPO Plan, they will be paying a percentage for that plan. I am satisfied and
feel it is a great savings to the Town. That is the reason why I asked that this item be placed on
the Consent Agenda.
Comm. Zelniker — I have no problem placing this on the Consent Agenda as long as it only
included health insurance and not dental and vision. We received paper work from Town
Town Commission Regular Meeting Minutes
Tuesday,June 7. 2016 Page 5 of 9
Manager Brown showing that back in 1993 the Financial Advisory Board selected the health care
plans and submitted them to the Commission for approval. They were then submitted to the
employees. This possibly could be the right way to go. Also, when numbers are presented, I
would appreciate receiving them in advance so we can review and study them.
Comm. Feldman —Will an employee be able to take the HMO over the PPO, or do they all have
to join the same group? Fin. Dir. Curtis — It appears that the Commission is leaning towards
Option 2. This plan is for the Town to provide all eligible employees with a basic HMO plan
with no cost to themselves or their dependents. If they want, they can upgrade to the PPO.
Vice Mayor Weitz questioned "Employee only premium amount includes $227.98 allowance for
no dependents". Fin. Du. Curtis — The Town provides an allotment to employees that do not
come under the Town's plan or have employee only coverage. That practice is designed to keep
employees from bringing dependents onto the Town's policy. It is somewhat of a stipend and
placed in a deferred compensation plan. Vice Mayor Weitz—Given the plan that we are offering,
we are giving dependent care at inexpensive rates. They have a good plan here. What I am
seeing here is that we are subsidizing the employee additional money to maintain the status quo.
This is not insurance; it is a salary bump. We are reimbursing people for not taking a dependent
plan. Let them take the employee plan. It is not costing us that much money. Fin. Dir. Curtis —I
would like to point out the difference between what the employee only cost is with that stipend
versus what that employer cost would be, if they brought their spouse or their family on. Under
the total medical coverage, the employee only portion is $1,086. If they were to bring their
spouse on, the cost to the Town would jump up to $2,041. There is a significant cost savings to
the Town in the event that it does deter the employee from bringing their dependents on the
Town's plan. Vice Mayor Weitz — I do not believe in deferred compensation and getting money
for taking a certain health plan.
Mayor Featherman — I want to offer a 25% reduction across the board this year because there is
little time left for negotiations. The Town will pay 75% and the employee 25%.
Comm. Stern — This is no different than what Town Manager Brown offered last year when we
were doing the budget. She said we should go up 3-1/2% on all employees. That is a fair request.
If 25% is a compromise, I can live with that, but I don't see taking away any other perks or
benefits. Give them the basic plan, and if they want to upgrade they can.
Comm. Zelniker — We were asked to meet with the Finance Director individually prior to the
Commission meeting. I did not do that because, quite frankly, I believe it is unethical. We have
open meetings, and everything that is said and done should be in an open meeting. I am not sure
if this had anything to do with the Sunshine Law. Town Attorney Torcivia — It is everybody's
preference. You can meet with the staff but you cannot meet among yourselves.
Discussion ensued regarding the amount of percentage an employee should pay towards
dependent coverage and the type of plan that will be presented to the employee. Fin. Dir. Curtis—
The Commission is leaning towards providing Option 2, the base HMO. Under that proposal, the
Town will cover the cost of the employee and the dependents, and it still saves the Town $78,000
from the prior year. The employees can upgrade their HMO Plan to a PPO Plan if they choose to
pay the difference. One is a mid-tier plan, and the other a high tier plan. One costing a little more
than the other. Comm. Stern—That is what we agreed to at the last meeting.
Town Commission Regular Meeting Minutes
Tuesday,June 7, 2016 Page 6 of 9
MOTION: Commissioner Stern moved to accept Option 2 as presented by Finance Director
Curtis. The employees have the opportunity of getting the basic plan with no cost to them or
upgrading to a PPO Plan. Motion was seconded by Commissioner Feldman.
Joel Stolowitz, resident, asked to speak at this time. Town Attorney Torcivia explained that there
are only two times a resident can speak; at the beginning of the meeting and at the end. Mr.
Stolowitz was adamant about having the right to speak. Mayor Featherman made an exception
and allowed him to speak.
Joel Stolowitz, 1005 Russell Drive — I have lived in Highland Beach for four years, and my
interaction with the employees, police and fire department has been marvelous. This is a fabulous
community that we live in. I have found that all the employees are dedicated. Mr. Stolowitz
spoke about the health insurance benefits presented at today's meeting and felt strongly that the
present policy should stay in effect. He continued to express his discontent with the way the
Commission has handled the health insurance issue. Vice Mayor Weitz explained that the health
insurance proposals were presented to the Commission by the Finance Director who is an
employee, and he has the welfare of the employees at heart. Health benefits are an important part
of any employee package in terms of their employment. He stated that the Town has good
employees, and the Commission want to support those employees.
ROLL CALL:
Commissioner Stern - Yes
Commissioner Feldman - Yes
Commissioner Zelniker - Yes
Vice Mayor Weitz - Yes
Mayor Featherman - Yes
Motion carried 5 to 0.
8. MISCELLANEOUS ITEMS—LEFT OVER:
A) Appointment to fill two vacancies on the Planning Board:
Talent Bank Interviews:
o Al Giachetti, 1118 Bel Air Drive
o Evelyn Weiss, 3400 S. Ocean Blvd.
o Louis Reidenberg, 3700 S. Ocean Blvd.
o Nievecita Maraj, 1020 Bel Air Drive
o Warren Lewis,4748 S. Ocean Blvd.
Ballots were given to the Town Commission. Upon receiving the ballots, Interim Deputy Town
Clerk DeMartino announced the following voting tally:
o Al Giachetti received 2 votes
o Evelyn Weiss received 5 votes
o Louis Reidenberg received 3 votes
Town Commission Regular Meeting Minutes
Tuesday,June 7, 2016 Pace 7 of 9
o Nievecita Maraj received 0 votes
o Waren Lewis received 0 votes
The announcement was made that Evelyn Weiss and Louis Reidenberg are the new appointed
Planning Board Members.
B) Auther-ize the Mayor-to E*eeute Agmefaents for-Employee 14eaM InsuFamee Fy 2016 2017
9. REPORTS—TOWN COMMISSION:
A) Commissioner Zelniker—No report.
B) Commissioner Feldman — The Turtle Volunteers have informed us of some illegal use of the
beach access across from Milani Park. It is not really a park. A sign was posted "park hours from
8 am to 5 pm", which is incorrect. There is an issue of safety and law abiding for the residents on
either side. People are sleeping over there at night in tents, building fires with the stakes used for
turtle nesting, etc. The Police Department and Town Manager Brown have been looking into this
matter.
C) Commissioner Stern—My report would have been exactly the same. We are having problems at
Milani Park and have been receiving pictures of, not only the tents and fires, but slides that go
from the turtle nests to the ocean. Yesterday I saw four surfboarders walking out of the park. We
had the sign changed to "no trespassing", but it does no good. Hopefully we can get the County
to put up a gate.
D) Vice Mayor Weitz — I am also concerned about the problems at Milani Park. The Highland
Beach Police, Boca Raton Police and the County need to make a joint effort to get involved and
make a significant effort to let them know this will not be tolerated.
E) Mayor Bernard Featherman—We have a great Town staff, Town Manager and Commissioners
who are all doing a fine job for our residents.
10. REPORTS—TOWN ATTORNEY GLEN TORCIVIA:
The Town Manager and I have been working together on the Milani Park situation. I talked to the
Parks Director yesterday, and they put up "no trespassing" signs,but obviously they are not effective.
11. REPORTS—TOWN MANAGER BEVERLY BROWN:
We asked the Parks Director to meet with us and put up no access signs. What he did was put up a
sign that said "beach is opened from sunrise to sunset". I received so many calls and emails from
residents complaining. They took photos, and I shared them. The Town Attorney has spoken with
them, and I would like to follow through with the settlement agreement that we will have to revoke to
what we agreed on. They did put up no trespassing signs, but our Police Department cannot do
anything about it because they didn't put the signs up to match the State Statute that allows them to
arrest someone. The police do chase them away, but they come back again. The County was not
Town Commission Regular Meeting Minutes
Tuesday,June 7, 2016 Page 8 of 9
supposed to do any work, but they opened up the trail and removed the fence that was there. You will
notice that the water is not staying on the road as much when there is a heavy rainfall.
FDOT has hired a maintenance crew from a private industry, and they have moved the grass back to
the edge of the pavement on each piece of property; specifically Seagate. June I' started hurricane
season. There is an Emergency Preparedness Guide on our website. Accreditation Manager Eric
Aronowitz and I went to a Hurricane Preparedness Seminar in Delray, and we are going to start one. I
will ask the Commissioners to attend one of those meetings so you will know what to do and what is
expected during a storm. We talked about the Financial Advisory Board, and the resolution for the
Financial Advisory Board states that they review projects that the Town Commission assigns to them.
Comm. Stern—What is our status now with Milani Park? They have two 10 year agreements with us.
Town Manager Brown — We did assign it to June of 2010, and they have until 2020 before they have
to do anything. It is their property, and we have approached them about purchasing the property from
them but they are not interested.
Vice Mayor Weitz — Who owns the land? Town Manager Brown — It belongs to the County. If the
property was properly posted in all four corners, our police officers could arrest the trespassers. It is
my opinion that the County is deliberately allowing this to take place and fighting us as much as they
can. We are going to have to fight back. Vice Mayor Weitz—What is their intention? Town Attorney
Torcivia— I believe it is their intention to have a manned parking lot with a kiosk and rest rooms on
the west side, and a public beach on the east side. Vice Mayor Weitz—Until this is resolved, I would
suggest we look into possibly utilizing our reserve officers to keep a check on the property with the
hopes that it would deter any trespassing. Town Attorney Torcivia—Using the reserve officer parked
in a police vehicle in front of the property at night, when they seem to be using the beach, is a great
idea. Also, it might be worth making a phone call to County Commissioner Steve Abrams since this is
his district. I have met with him recently and mentioned this to him. Town Manager Brown— I have
been sending copies of all the emails to him to keep him updated.
12. PUBLIC COMMENTS AND REQUESTS RELATED TO AGENDA ITEMS DISCUSSED AT
MEETING ONLY:
Carol Stern, 1115 Russell Dr. —If this is turtle season and they are destroying nests, shouldn't the
Florida Fish and Wildlife Commission be involved. Town Manager Brown—They have been notified
also.
Ed Neidich, 4740 S. Ocean Blvd.—Milani Park is a very serious situation. We do not know who and
what type of people are in there. I do not know Sheriff Bradshaw,but I am willing to go and see him
to ask for his support. The laws have to be enforced. I live in Braemer Isle which is across the street,
and having a park and public beach will surely decrease the value of the homes in the southern part of
Highland Beach. I am urging this Commission to do whatever you can to enforce the laws, keep our
community safe and preserve our property value. To follow up on the comments made by Mr.
Stolowitz, this Town has wonderful employees, and no one want to hurt the employees. This
Commission would not be doing its job if they did not put some type of lid on the finances.
Vice Mayor Weitz—Sheriff Bradshaw will be in Highland Beach next Wednesday at the Highland
Beach Library, 5:00 PM. He is an invited guest of the Democratic Club and will be the guest speaker.
Town Commission Regular Meeting Minutes
Tuesday,June 7. 2016 Page 9 of 9
13. ADJOURNMENT:
There being no further business to come before the Commission, Mayor Featherman called for a
motion to adjourn the Regular Meeting at 3:07 PM.
MOTION: Commissioner Stem moved to adjourn the meeting at 3:07 PM. Motion was seconded by
Vice Mayor Weitz, which passed unanimously.
APPROVED:
n I�
B and Featherman, Mayor
William Weitz,Vice Mayor
Commissioner Carl Fel man
ommissioner Louis Stern
'ssioner da Zelniker
ATTEST:
V 6 ' .�t�(.0 0 d L
Valerie Oakes Date
Town Clerk
Board Action Report
• '�, May 2016
The following boards did not meet in March:
• Financial Advisory Board
• Code Enforcement Board
• Board of Adjustment&Appeals
Beaches & Shores Advisory Board—May 10,2016
At the regular meeting of the Beaches & Shores Advisory Board held on May 10th, a
motion was made requesting authorization from the Town Commission to participate
with the Sea Turtle Volunteer Program for a Turtle Talk& Walk Day on Saturday,
August 6, 2016.
Planning Board 0 May 11,2016
The following applications were considered and granted as presented.
Application No. 38699—2445 S. Ocean Blvd.
CONSIDERATION OF SITE PLAN APPROVAL.
MODIFICATION/CONSTRUCTION OF ADDITION TO A SINGLE FAMILY
RESIDENCE OF APPROXIMATELY 3,300 SQUARE FEET IN THE RESIDENTIAL
ESTATE ZONING DISTRICT.
Applicant: Stephen Little
Application No. 38777—4314 Tranquility Dr.
CONSIDERATION OF SITE PLAN APPROVAL FOR THE PROPOSED
CONSTRUCTION OF A THREE STORY, SINGLE FAMILY RESIDENCE OF
APPROXIMATELY 9,128 SQUARE FEET IN THE RS (RESIDENTIAL SINGLE-
FAMILY) ZONING DISTRICT.
Applicant: Roger Brown
Application No. 38781 —4225 Tranquility Dr.
CONSIDERATION OF SITE PLAN APPROVAL FOR THE PROPOSED
CONSTRUCTION OF A TWO STORY SINGLE FAMILY RESIDENCE OF
APPROXIMATELY 6,309 SQUARE FEET IN THE RS (RESIDENTIAL SINGLE-
FAMILY) ZONING DISTRICT
Applicant: Brenda&Eric Berch
6/1/2016
Board Action Report Page 2.
Application No. 38786—4400 Intracoastal Dr.
CONSIDERATION OF SITE PLAN APPROVAL FOR THE PROPOSED
CONSTRUCTION OF A THREE STORY SINGLE FAMILY RESIDENCE OF
APPROXIMATELY 8,034 SQUARE FEET IN THE RS (RESIDENTIAL SINGLE-
FAMILY) ZONING DISTRICT.
Applicant: Jacob D. Steiger
6/1/2016
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1
APPOINTMENT BALLOT
APPOINTMENT of
Vacant Seat on the Planning Board
SELECT TWO (2):
❑ Al Giachetti
71,velyn Weiss
Louis Reidenberg
❑ Nievecita Maraj
❑ Warren Lewis
Signature: c�
' Date:
•
APPOINTMENT BALLOT
APPOINTMENT of
Vacant Seat on the Planning Board
SELECT TWO (2):
❑ Al Giachetti
Evelyn Weiss
Louis Reidenberg
❑ Nievecita Maraj
❑ Warren Lewis
1
Signature:
Date:
APPOINTMENT BALLOT
APPOINTMENT of
Vacant Seat on the Planning Board
SELECT TWO (2):
❑ Al Giachetti
Evelyn Weiss
Louis Reidenberg
❑ Nievecita Maraj
❑ Warren Lewis
Signature:
Date: /
APPOINTMENT BALLOT
APPOINTMENT of
Vacant Seat on the Planning Board
SELECT TWO (2):
kAl Giachetti
Nvelyn Weiss
❑ Louis Reidenberg
❑ Nievecita Maraj
❑ Warren Lewis
Signature:
Date: 617 // c
APPOINTMENT BALLOT
APPOINTMENT of
Vacant Seat on the Planning Board
SELECT TWO (2):
AI Giachetti
��velyn Weiss
❑ Louis Reidenberg
❑ Nievecita Maraj
❑ Warren Lewis
Signature:
Date: G�
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