Item L12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wednesday. August 18.2004
Division: BOCC
Bulk Item: Yes
No XX
Department: Commissioner Rice. District 4
AGENDA ITEM WORDING: Approval to enter into contract as sole provider with The Noise
Consultancy, LLC as recommended by the County Attorney, to review our current noise
ordinance, and draft anew, enforceable noise ordinance for unincorporated Monroe County.
ITEM BACKGROUND: The County noise control ordinance has undergone many revisions
through the years, the latest in 2001. The noise ordinance currently in effect essentially begins
noise restriction requirements at 11:00 PM weeknights and is not easily enforceable. In a search
of the Noise Pollution Clearinghouse (NPC) website (www.nonoise.or2:), the Noise Consultancy
was the only firm that included noise ordinance drafting in its services assuring an enforceable
and reasonable ordinance. The County needs to tighten up the noise ordinance and refine it to
deter and eliminate to the largest degree possible problematic sources of noise pollution for the
benefit of the citizens of unincorporated Monroe County.
PREVIOUS RELEVANT BOCC ACTION: Original Noise ordinance and revisions: # 011-1978,
#007-1980, #041-1986, #033-1987, #025-1989, #031-1989, #023-1992, # 032-2000, #002-2001.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _' OMBlPurchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
'ssioner, District 4)
DOCUMENTATION:
Included
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM# L..t ?
Page 1 of 1
THENoISECONSULTANCY,LLC I home
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About Us
The ~oise Consultancy (T~C) offers assistance in the following areas: all aspects of community noise
enforcement, noise ordinance drafting, expert testimony and studies, certified sound level measurements and
surveys, permit applications and Environmental Impact Statements, impacted resident advocacy. and
occupational hearing conservation programs.
TNC President, Eric M. Zwerling (resume), is the Director of the Rutgers,\J oisc T eclmical Assistance Center
(RNTAC), Department of Environmental Sciences, Rutgers - The State University of ~ew Jersey. He has been
engaged in private consulting since 1992, most recently as the expert witness for the City of ,\J ew York Law
Department. Mr. Zwerling and T~C staff conducted extensive sound level measurements and audio recording
in Manhattan, prepared a 156 page expert report, and affidavits. Mr. Zwerling was deposed for over 7 hours,
and assisted in deposing plaintiffs' expert. T~C staff conducted a sound demonstration for the Court in Times
Square. The Opinion and Order of the Court quoted extensively from T,\JC submissions in ruling in our favor [99
Ci,". 3381 (SAS)(2/15/00)].
Mr. Zwerling assists municipalities to draft noise ordinances that are simple, enforceable, efficient, and tailored
to the specific needs of the jurisdiction. Once the code is in place, he dlen trains their enforcement personnel in
the techniques and strategies of sound level measurements for enforcement purposes, including courtroom
tactics. He has trained over 2,500 enforcement officers in the past 11 years. The certification conferred by the
Rutgers llniversity course, Community Noise Enfon:cment, is required for all enforcement agents in the state of
,\Jew Jersey (pursuant to XJ.A.c. 7:29-2.11), and is recognized in numerous jurisdictions across the llnited
States. As fJr JS we know, this is the only certificJtion program of nationJI scope in existence. Recently, ~1r.
Zwerling hJS developed Jnd delivered the new certificJtion course Vehicular Noise Enforcement for Twinsburg,
OH and ,\Jorth SJlem, ~Y. Aside from the courses offered every quarter Jt Rutgers University, the R~T AC has
recently offered on-site certification course for these cities: Seattle, \V A, Gainesville, FL, Long Beach, and
Anchorage, AK. 'lv' e assisted everyone of these jurisdictions amend/write their ordinance, and the ordinance
we helped Long Beach develop has already withstood one challenge in ~ew York State Court and two
challenges in Federal Court.
~Ir. Zwerling often delivers invited lectures at the Environmental and Occupational Health Sciences Institute
at the llniversity of ~tedicine and Dentistry of ~ew Jersey, and has presented invited lecture/workshops for the
American Association of Code Enforcement, the Michigan Municipal League, the ,\Jew York State Association
of Towns, the Michigan Association of Municipal Lawyers and the International Association of Municipal
Lawyers. He has been interviewed by the CBS Evening ~ews, the ,\Jew York Times, Consumer Reports,
Governing, and various newspapers. His work was featured in a CBC documentary 'Sound and Fury,' and The
Learning Channel recently filmed his course"\' ehicular Sound Enforcement' for a documentary that aired in
October of 2001.
TNC Vice President, Stephen M. Szulecki, is formerly the Director of the Air Pollution Training Program and
Assistant Instructor on the Faculty, Department of Environmental Sciences, Rutgers - The State University of
,\Jew Jersey. As Director of the Air Pollution Training Program he has trained in excess of 3,000 professionals
over a ten-year period. He is an Approved Noise Control Investigator by the ~ew Jersey Department of
Environmental Protection, pursuant to N.J.A.C. 7:29-2.11. Mr. Szulecki's has conducted sound studies for: City
of New York Law Department; New York City Police Department; Ethicon Corporation; Bristol Myers Squibb;
~kDonalds Corporation; Costanza Residential; Ryan Homes; Republic Services of ~ew Jersey; New England
\Vaste; and Magic DispoSJI, among others. These studies involved acoustical concepts that, among others,
included: source Jnd ambient sound level measurements; barrier attenuation; distance, ground and
atmospheric attenuation; and, sound transmission loss through structures. He has conducted HlTD compliance
http://www.noiseconsultancy.comJabout_us_m.htm
7/8/2004
Page 2 of2
measurements and analyses, and has also constructed numerous acoustical models including the permit
application for Browning Ferris Industries' Tremley Point Marine Facility.
~1r. Szulecki has extensive residential construction knowledge that he has used in consultation with clients in
improving the acoustical envelope of new construction or renovations.
Mr. Szulecki served as an independent consultant to Rutgers llniversity on a research project entitled: 'Road
~oisc Educational Outreach Program,' for the ~ew Jersey DeparnnentofTransportation. In this project he
provided expertise in the areas of residential acoustical construction, the efficacy of low cost sound attenuation
measures, and the development of training/outreach materials for professionals and the public at large.
Mr. Szulecki has extensive expertise in the field of air pollution measurement and control and continues to
serve as a visiting lecturer in air pollution training courses offered by Rutgers University and the Unh'ersity of
Medicine and Dentistry of 01ew Jersey. He has developed training materials for courses such as Visible
Emissions Evaluation and Odor Enforcement. He has also served as a reviewer of training materials for the
l TSEP A, Air Pollution Training Institute.
~fr. Szulecki has offered expert testimony in municipal court and at local planning board meetings.
TNC Staff, Dawn Mason, is currently the Dircctor of the Air Training Program, Department of Environmental
Sciences, Rutgers - The State llniversity of ~ew Jersey. She is an Approved Noise Control Investigator by the ~ew
Jersey Department of Environmcntal Protection, pursuant to ~JA.c. 7:29-2.11, and holds an undergraduate
degrec in Engineering, and is pursuing her Masters Degrce in Environmental Engineering.
TNC Staff, Paul Sauers, holds the dcgree of ~fastcrs of library Scicnce (~:fLS), and is an information/refcrcncc
specialist. Hc has scrved on the reference staff of Rutgers University and municipal libraries.
~Jr. Sauers currently also serves as an hourly employee at the Rutgers .Noise Technical Assistance Centcr
(R~T AC), and his d~ties include litcrature searchcs on several noise-related topics, as needed. Hc has
conducted extensive scarches in that capacity, in various areas of environmental and transportation noise. As a
result, he has good familiarity with the available resources and has established working relationships with non-
profit, busincss and govcrnment transportation officials. His knowledge of the invisible web
( databases/information not found in search engincs), and the development of pathfinders (guides to the
literature on particular topics) has provcn invaluable.
He is an Approved Noise Control Investigator by the ~ew Jersey Department of Environmental Protection, pursuant
to ~ J .A.C 7:29-2.11. and currently serves as the grader for all of the courses offered by the R~T AC.
The Noise Consultancy, LLC
(908)237-0298
NoiseConsultancy@aol.com
www.noiseconsultancy.com
http://www.noiseconsultancy.com/about_us_m.htm
7/8/2004
Page 1 of 1
NOISE ORDINANCE DEVELOPMENT
. Extensive code writing experience
. Simple, easily enforced codes
. On ,site ordinance development workshops
. Code Drafting Tip for 2002
The President of The ~oise Consultancy has reviewed hundreds of municipal noise ordinances and helped
amend or draft numerous codes ranging from Anchorage to Gainesville, and Seattle to Lafayette (LA). He has
assisted in the amendment of the ~ew Jersey ~oise Code (~J.A.c. 7:29), and was the lead author of 'Lo(:al Noise
Enforcement Options and Model Noise Ordinance With Pre~Approved Lan~'Suage for the State ofNcw Jersey' . The code he helped
the city of Long Beach (NY) draft, has withstood challenges in ~ ew York State and Federdl courts, finally
resolving a long~standing noise problem for the city.
Importantly, we've not done this from an Ivory Tower confine - we've spent hundreds of hours in the field with
enforcement officers. We know that w hat looks good on paper or in an acoustics textbook may not necessarily
be enforceable in the field. If the code is overly complex and demanding, the entire enforcement progrdm will
be hamstrung at best and still-born at worst. Investigations will be rdre and only in response to egregious
repeat violations, and the code's complexity may require that investigations have to be conducted by outside
consultants. The codes we draft are designed to be enforceable by any motivated and trained enforcement
officer.
In order for any enforcement program to be cffcctivc in regulating noise sources, enforcement actions must be
rcgular and reliable. And that means it must bc enforceable by any officer who has received the proper training.
Only then will the regulated community rcspcct the jurisdiction's commitmcnt to noise abatcmcnt and make
the effort to comc into compliance. In fact, a crediblc cnforcement program will often result in thc regulated
community self~policing to avoid cnforccmcnt, thus dramatically cxtcnding thc impact and efficacy of thc
program If thc codc is relatively simple, facilities can casily monitor thcir own compliancc, and makc
adjustments as necessary.
W c offer a full range of ordinance development serviccs ranging from a simple review of your existing
ordinance to drafting an entirely new onc. It is important to us that your ordinance is drafted to addrcss the
specific nceds of your jurisdiction. We offer on-site ordinance dcvelopmcnt seminars. We can comc to your
jurisdiction, prescnt a short cducational session on the basics of sound as it applies to noise rcgulation
including somc thcorctical and practical approachcs to noisc codes, and thcn discuss your spccific
rcquircments with all interestcd parties. W c can go in the field and visit specific problem arcas, or conduct
measurcments or demonstrations. It is thcn up to you whether you want your staff to draft thc ordinance with
our guidancc, or havc us drdft it for your approval.
Therc are fcw sourccs of noise that generate more complaints than 'boom cars,' and to a lesser cxtent, 'boom
boxes'. Wc offer the following Cock Drafting Tip to address this issuc.
The Noise Consultancy, LLC
(908)237~0298
NoiscConsultancy@aol.com
www.noiscconsultancy.com
http://www.noiseconsultancy.com/noise_ordinance_development_m.htm
7/8/2004
Page 1 of2
CODE DRAFTING TIP FOR 2004
"Boom Cars - Boom Boxes"
Discussion
There are few sources of noise that generate more complaints than broadcasting vehicles. Loud music
emanating from a vehicle is disruptive to the peace and quiet of a community. Highly amplified music in a
vehicle poses both a public safety and public health risk: it may Impair the ability of the operator in such a
vehicle to hear emergency signals.; and, studies have shown that hearing loss among college age students is now
common and the incidence is increasing.
Enforcement of a performance (decibel denominated) standard is difficult in this situation, as the sound is
transient and the source is mobile. While some jurisdictions enforce a curbline sound levcllimit, the
enforcement agency must set up in advance in the location at which they suspect a violation may occur. While
enforcement and deterrence is extremely effective during the operation of such an enforcement action, it is only
effective at the time and in the place this action occurs. Outside of these parameters, deterrence is minimal.
An alternative enforcement standard is required to address this specific sound source, if enforcement is to be
regular and predictable, thus providing the desired deterrence. If the deterrent was not successful, the
enforcement standard must lead to successful prosecution. After a careful review of precedents and challenges
in other jurisdictions, it was clear that any successful standard would have to be objective, specific and easily
understood. A "plainly audible" standard has been applied in numerous jurisdictions across the lTnited States,
and this standard has been held to be neither vague nor overbroad (State v. Ewing, 914 P.2d 549, Haw. 1996). It
is also clearly understandable to those it is intended to regulate. There is no subjectivity to the determination of
a plainly audible sound source; there is no value judgment associated with such a determination, as there might
be if the standard were 'disturbing" or 'loud and raucous."
This is an extremely powerful tool now made available to address a demonstrated problem This provision,
however, should only be enforced by police. Curbing a vehicle is potentially confrontational, and may represent
an unacceptable risk to an enforcement officer who is untrained to handle this situation.
A full discussion of this topic can be found in the following paper:
ZwerIing, E..M. 2000. Regulation of Amplified Sound Sources. Proceedings of Noise-Con 2000. Acoustical
Society of America! Institute of Noise Control Engineering. Newport Beach, CA. December 3-5,2000.
CODE PROVISIONS
DEFINITION
"Plainly audible" means any sound that can be detected by a person using his or her unaided hearing faculties.
As an example, if the sound source under investigation is a portable or personal vehicular sound amplification
or reproduction device, the enforcement officer need not determine the title of a song, specific words, or the
artist performing the song. The detection of the rhythmic base component of the music is sufficient to
constitute a plainly audible sound.
RESTRICTED USES AND ACTIVITIES
http://www.noiseconsultancy.com/code_tips_m.htm
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(1) Personal or commercial music amplification or reproduction equipment shall not be operated in such a
manner that it is plainly audible at a distance of 50 feet in any direction from the operator between the hours of
8:00 a.rn. and 10:00 p.m. Between the hours of 10:00 p.rn. and 8:00 a.m., sound from such equipment shall not be
plainly audible at a distance of 25 feet in any direction from the operator.
{Note: These distances may be a bit restrictive, as most cars that are overtly broadcasting can be heard at
distances significantly exceeding 100 feet. You may choose to set the permissible audible distance at 100 feet
daytime and 50 feet night time, which will allow for a reasonable amount of amplification.}
(2) Self-contained, portable, hand-held music or sound amplification or reproduction equipment shall not be
operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50
feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00
p.rn. and 8:00 a.m., sound from such equipment shall not be plainly audible by any person other than the
operator.
ADOPT THESE PROVISIONS IN YOUR JURISDICTION.
OFFER YOUR RESIDENTS A BElTER QUALITY OF LIFE.
This website page has now been extensively referenced
in a U.S. Department of Justice document:
Loud Car Stereos
This is a very valuable resource in our efforts to Quiet the Commons
The Noise Consultancy, LLC
(908)237-0298
Noise.Consultancy@aol.com
www.noiscconsultancy.com
http://www.noiseconsultancy.com/code_tips_m.htm
7/8/2004
VU~-'~-~~ Ib~0 r~UMMUN~U~ ~UUNTY ATTY OFFICE !D3~52923515
I
PAGE
2/"l
THE NOISE CONSULT ANCYt LLC
309 VAN NESTE ROAD
FLEM1NGTON.1 NEW JERSEY 08822
phone; (908)237-0298 . fax; (908)237-0792
e-mail;noise<:unsultam:y@aol.com _ website; WWW.llo~l#n:.iolt.lln<:y.com
J u L\ 2 iD'J!}
July 12, 2004
lticbud Collim
Mol1t'oc County i\ ttomey
PO Box 1026
Key West, ~L .>3041-1026-
RECEIVED
JUL 1 2 2004
MOIjROE COUNTY ATTORNEY
RE,; ACOlJS'11CAL CONSULTING SERVICES
Dear Mr. Collins:
'fh.l$1ctter ~ in rt:spoI1sc to yaw: R.equest For- Pxopoul ~!;gardjn~ consulring sc~\'ic;e." to assi:i{
with amendmc:nts to Monwc: CtNnty'.s Noise Code. Based upon our (;ODvcrJoations. 1 propo:>c to
provide the. foUowing ~which lbelit.-v:ewill result in achieving the dcsu:cd endpoint: .
· One day of Dn:-sUC. 'ODsnlt,:u~ scheduled at it Inulually convenient date;
· Pre.'tent n short educational session on thi: basics of sound!lS it :tpphcs. [0 nOise regulauon
includiAgsomc tAeoretlcal and practical :lpproachcs to ooise codes, and then disc\ls,,,\ YO\lI
~pecific -requirf'fI'\,-nts w~al,LiO[cz:cs~ pUbCS;
· TOW' ~~Doa.spccifi<;aUythc ~lcmueas;
. Conduct ~dlelrcl-measw:emctltsDf .problem sonrt:('~ &/or cnndurt :l demons[J:ation of d\c
mctlrodologr (tf souod level-measurement f.()E ~foa;c:mcnt pwpol\C&;
. RcviL'W wharever rc.Je\ranc .docwnenU~ .pmv~~onroe County
..- Dt'3(nlm~fI(.l"flems-ro rheNoise€ode-. ba~cd-uponall inf~tion J.,>athcred;
. Perform wlutever redrafting -is !lCa'5Saty, until the Cadeam~--hHl(e adopu.-a;
· Jlrepare an ";\natysis-ofPubllc Commcnts," if wrirren commmrs lire rcc<"1vcd and if a formal
respo(W!. is desired;.
· Remain available fOI coo...ulta[i~n \lia phone OJ:' cmau.
TtM: inclusive price for these lk.'XVic~ and all leku:.ed c~pcnses is i8,SOO. Addlcional SeMc/::$
beyond the Scope above wllLbc1t1voiced-at: $12S} hour. Additional days of orHitc consul~lJOn will
be inV()l(Zd- at $l,25Q/day_ pl\lSctXpensclO. P1lyment fat 211 services alC d\lc 45 days ..ftel: iovoicing.
If you find--thc5c.tcm1S.to be ~C(cpt2hle.plc~u: 5igo rhisJeuet, whiduvill serve litO OUll.eu~
of Agrccment,-aoCl'~by.nWJ.orf.H.
J would also lik.c to invirc Y-Ou -f.Q visit our websitc -1t wu'W nnisr'c:nns~.com 10 review
the full suire af~rvices:wc: prov.ide.
I look fOt'WUd to the possibilitr of.workmg-W1th Momoc:c(,unty.~ a~isting YO\lin your
effort to deliver-a better~ C)f life to your residents.
I
Sincerely,
~-~~~.
Eric M. ZvJer~ IlIesldent
"1 he Noise Consuluncy. lie
~U~-l~-U~ lb'~~ ~KUM'MUNKUc ~UUNTY ATTY UFFICE ID'3052823516
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THE-stATE4JNIVERSIlV Of Nf\I{ JERSE.V
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JUL 1 2 2J04
Alia-::c Ndsa:.cr.lng. p:o~(Cms
Oepoltmento( Envlronrnenlal Sciences. Cook College
14 College FalmJkxJd · New Bl'unswtci. N~ Jersey . 08901.8551
Phone: 732/932-8065 · Fax: 7321932.8644
july 12, 2004
RECEIVED
Richard Collins
Monroe CO\lfltY Att()t~y
PO Box 1026
Kc::y West, fl. l3041-I026
JUl 1 2 200~
l,4OJ\IROE COut.i) ATTORNEY
~ar Mr. C()llill~:
The> Jc:uer i.s inl'CSponsc .toyouuelJUCSt lor II proposal fChwarding an Dn~~itc presentation u(
the certification courlteCommIlllityNrRJ'.il".1fmrR1#1l.
Th!' QffJC('r9 wiD be fullyuaincd intbc t("('b"i(Ju,,~. technDlogy .andstntcgics of !.ound level
tl1C:\SUremenr amhep(lrtingfoc theptllpose of cnfoseingoanoi$c:: code. . fhe: course .ndwulse
manual will be custumized -to indudeManme COUAry's new Nui5c Codes. .Abu inclwicd willl1c the
following ir\:m-s: 3 <bYl' of instnK1ion; USC" of R.u~! DOilie IevclmeJCl'S during tn c CtlUI!lC. lInd
COtme manual..; to ~Ul1ttcndees: J will Llcvclop aNililiC: l\.tea~At -Rt.~ Form lipccifit: to yow:
ordinance fur cnfot"C~ officen;, m use in {he fid<tAft<< thC-COUf:4C" exam... and Noise
Mca:,;uIl:m~ilt RC:p<lrr FOTm!i{thc ttddprnctic:ll-el(~lwiJJkgrilded MId retunlCd. Along with
certifiutes for thOlie Iccclvmg-passin.Kgrade:s.
The COU1....C. fee fur up tD 10 :INdent:; wilt be i4250. The tuition fOf additiooftl :mendces will
be $275 pu penun, with additiooal di.~Qunts if the number is suffkient. Thi~ cuurse is nlsa offered
at Rutg~ Univenily onaquancny ball~..and the tuition is $440/pecson [or noo-New jcr:,cy
govemmcmal2gcnts.
Expc:Rl\CS-willbc: ~eplWlfl: item:.; induding; travel, lodging, milt:agc and pea: dicm. Airfare ~
the biggct;t variable .arul.thc ratlb-c may be &om52~J1200. h()wcvcl;. :\ check of prices rodl\Y ~ho~$
That flighK-ate.availablcfor$230-350. Areali<inable estimate fuUows: airflllc $300; hotc14 x i130 ::::
$520; rental -car 4 x $45 ; .$J1l(}; aupon pa.rking$5~ MiI~tge/ (011:1 to aig;ort $24; p~l diem .mC:ll~
S 132; for-a total of $121-1.
If y()u apprcwt: Gfuw.~u1,.sign.itnoting your ACCcpt2ne,' 2.!ld filX it back to mc at
(732)932=86440 Plcll.wabocGalLme-sowc.c:an.~USScmutU3ily c:om'enicnr.darc:; for the COUn\C.
lnrhc dassruom wcwiJllleed: abbc:.kbWlrd orflipcbatt;..an oVI'rohi'1'_I.proJectOI" (for film.'i.
not computer}, a.- b.atttry-p"~ boom:~ 2ftda: V~/1V fat one of the daY:I. Coffee: in or near
rhe c1:lssroom. i:!; VeT}' -impommr f01. I>re2ks.
We wilt ~~ ft.\lfTlherof fie1d-ex~_lf Pte. \It~tfte~ i~ disagreeable. we will need an
alternarive indoOl: Inc:n:ion- somethingwnh"2-rebrivcly lArgeapen~;JCC bke a bUll oom or
g~mnaslUm.
This coun;c: has bc"Cn 4pprovedforConrino..:..~ E-dt..'cation .cretlitshy tbl~ FDLf. and If you
JL.~irl.: that r purslle mrn dt:signacio.n:.for:this c.eurs.e..~.ktn~ know. I 40 believe: e()I' j;uc;h
credit.:;. the COUDl:. mwt bco1fcred :rt onel)~ thcit t'~()ftU law ct\l\n-.;~1hcnt acadcmic.~ ~\.I(;h :IS Sr.
John:; CoUc:ge(St. Augu~cine)> where I ic(;.cntly l;lught the COU1~C.
-...:::..............-.0:...-.:-- ___._-..._...._. . ".' -.________ --~~,.,-_. -'.:,;.:,:~
@ 11XJ%recyctectpcJper; 80'l1.-m1nmum poo..consumer
JUL-12-~q 16,~1 FROM,MONROE COUNTY ATTV OFFICE 10,3052923516
Plensc don't hCiiatc to O&ll me to di:lcU$:i any issues penainillg to thisprVposal. The best wa.y
tottacl\.-~isQA.my-cclLphonc (732}266-1762. a,. I will be in DeKalb County (GA) aU this week
teachinglbcCC1"tjftr~riO(1 and ~'''M'rifi,..~rion.c....rscs
I L06kfetWacd to the possibility of assistitl.g you in yoU! desire to dclive..t a bcne.r: qualicy of
life: ro your r~~.nrs. .
Sillcerdy 1
~~
Eric M. ZwctliDg, Duec:tor
Rutgers Nuitoc Technical A!>sisrancc Ccmcr
PACE
4/4